The Express.
London, England, 1850-02-15 00:00:00

3La inttifitcsence.

COURT OF EXCHEQUER—YeerzaDAY.
Non Paies.—Baroaa Ika F. POLLOCK, C.B" AND • UIDDLISBI
SPEC,., ICAT.
O'CONXOI4 M.P., v. BILADANAW.—LIDEL.—Thi LAND
Benzna.
Thi, was an action for a libel published by the defendant,
who is proprietor of the Notlsnglaans Journal.
Mr. Setjeant WiHeine, Mr. Atherton, and Mr. Prentice
were counsel for the plaintiff. Mr. Roebuck, Q C., Mr.
Le&tinge, Q.C., and Mr. Bagley, were conned for the
defendant.

The libel which formai the subject of the action was eon-
talked in • handbill stating the merit, of the deism- I
dant'e journal. A justification was pleaded. From
the opining statement of Mr. Serjeant Wilkins,
it appeared that the plaintiff, Mr. Feargus O'Connor,
who represented Nottingham in parliament, felt he could
not retain the confidence reposed in him if he suffered inch a
libel toescape unnoticed. It was the production of a mean
understanding, prompted by the most malignant motives.
The defendant's object was twolold—first, to increase the
circulation of his newspaper ; and secondly, to gratify his
malignity against a political adversary. The plaintiff was
no doubt not popular with the educated clines for the poli-
tical opinions be entertained, and especially for the mode in
',Lich It enforced those opinions. He was, however, enti-
tled to the same freedom of discussion as those with whom
he differed. It was unnecessary to enter into a disqui,ition of
Mr. O'Connor's opinions, but he the learned counsel) eon.
hdently relied that the jury would do the plaintiff justior,
and assert the principle by their verdict that a public man
was not to be slandered by those who differed with him in
opinion. The libel complained of was in those terms

The salwalters of the National Land Company and the admirers of
Nampa O'Connor, Eaq.,11.P., foe Nottingham, who has wheedled
the people of Disted out of 1110,0004 , with which be has bought
estates and conveyed them to his own use and benefit, sad all who are
desirous to witness the fire] overthrow of this great political int.
pastor, should order the NottingArm Journal, in which his excessive
honesty, In connexion with the land plan, has been and will continue
to be, Marlowly mowed. The Nottingham Journal le the largest
newspaper allowed by law and is the best vehicle in this county or
neighbourhood far schertinements, business information, and general
news. Delivered everywhere early every Friday moaning. Prim
only Std. Per annum, In advance, 1 Se. ; credit, M.
To that libel a justification of the most ridkaleue and
absurd nature had been put upon the record. No doubt the
same bitter and malignant feeling which induced the publi-
cation of the libel would operate on the defendant and be-
eline him to attempt to prove the justification, but the result
the learned mrjeent was confident, must be the vindication
of Mr. O'Connor from the malignant rumours so indastri-
°ay circulated in reference to him. He had been tormeated
andharamed until 'life had almost become a burden to him.
The learned serjeint challenged the defendant even to
attempt to prove a justification of the libel.
The defendant's ownership of the Notting/owe Journal,
and that copies of the placards containing the libel were
obtained at Mr. Bradshaw's once in Nottingham were proved
in the used way'
Mr. Roebuck then addressed the jury on behalf of the'
dr fendint. He had no hesitation in accepting the challenge
offered by the learned counsel for the plaintiff, and be eater-
tained not the slightest doubt about the result. Mr. Faeroes
O'Connor was not only one of the representatives in parlia-
ment for Nottingham, bat he was also proprietor of a news-
paper called the Northers Mar. Out of Mr. O'Connor's
own mouth—by articles and addresses published in his own
paper, and signed with his own same—he would be prayed
guilty of all that had been charged against hint in the hand-
bill in question. He held himself tip as the originator of a
plea a great scheme, by whisk poor working people—
faeary slaves as he thought proper to can them
were induced to embark their hard-earned saving*.
They were induced to abandon their employment in
cities and towns for the felicities of rural pursuits. By Mr.
O'Connor's plan, the face of the country was to be changed.
and those whose lives were " embittered or shortened by
excessive and ill requited labour" (as the plaintiff described
it) were to be placed in peace and independence as free-
holders on their own estates. Mr. O'Connor also proposed
the establishment otwhat he celled " a labour bask,' which
sou to be wicked In conjunction with kis land scheme. To
those who subscribed to those undertakings, he promised
comfortable houses, plots of land, and sums of money in
advance to begia with. The shares were to be 11. fie each,
and they ward be paid by instalments of 3d. per week.
Holders of two sham were to be entitled to 151. in money, a
comfortable cottage, and two acres of land. Holders of toree
share, were promised a house, three acres of land, and
221. 10s. in caah. Holders of Icier shares, a house, 30:., and
four acres of lead. The company in wloee name all these
eatranrdinary wonders were promised had *hanged its name
ao lees than three different times, and it never was ca.ol-
- registered. It leis flat called " The Chartist Co
operative Land Company ;" afterwards "The National
Cooperative Lend Company ;" and lsatly, "The National
Load Company." The rules were published in the farm of
a small pamphlet, and each of the subscribers was obliged to
purchase a copy, for which he paid 41. No doubt, vest
numbers of the working clause had been induced to become
subscribers in the absurd scheme. It appeared that no less
than 70.000 persons heti subscribed, Ind D r. O'Conn..r held
out hopes that every one of thatepersons was to be located or
the lands purchased with the mosey subscribed. According te
Mr.O'Coanor's own plan that was inaposidble;for it would take
30C years to locate so mace subseriben wording to his
Oas upon the estates he trail relabeled. But the worst
feature was that the estates were purchased br Mr.
O'Coanier in hie own cams, the feuds having been sup.
plisd by the poor wanking people. The ossysay had se

title whatever to than. They wen eenveyed aboolately
to Mr. O'Osmaer, and held by him fee his sera was and- i
benefit. Hi hat between March, 18403, aad July, 11347, I
manses& M leas them six estates. One cost ti._8441. (103
&eves). goieffhor, natal 170 eau met 11,6001. The
_SIB awn eat 1 A 'fourth mat 10,6761.
The au um 10,360i ; and the,last, entaieng 600 ems. ,
Si. pennon sot nenpleted, but its ries wu UAW
Met an BA el all that kid banged to the lead men I
pare silted money with which it MSS MOWS '
wee by the working people of the eniabl, I
is
*be nee denied and deceived by the premises seeds by '
Mx. O'Coomer. The property wee never vaned In the ont-
pag7, but in Mr. O'Coaaar, who lied bees UMW on the
iaraace and credulity of lagaidad. Than aver was a
jester charge than that muds song OVenter by the
(Wooden. He shamed him with difseauty in esemenen
with the lead mann What oberge weld be better
lowan ? Mr. O'Coemer boil en to the ignorant sad the
poor hopes sad preedem that sever maid be fulfilled. Those
=aid be ea MI 111 disommies in the public pram if a mss
wee to be Mid teepomaillie in deinwpso fir semen' nth •
at. Mr. O'Coaser memplaind of the -tense of
rirloged as that libel. One would imagne that he had himself
bees ineepable ef agog coarse or violent language. But
what wen ilea fort t Oa referring to the Northern Star,
aid mortals artistes therein published, and signed
by Mr. O'Coasor himself, ft appeared he wee
as foul-mouthed u he was audacious. After read-
ing wins &Melee (rem the Northern Star, in whisk
the phrases* " mamas," " beasts," " base Wangs id
the mese " &a., were frequently ased,th• leaned enneel
stated that only 227 were located on nominal rtes..
chased by Kr. &Coeur, although he Wawa aatlmsOM the
number of subscribers at 70,000. That small number were
called " fortunate &Settees," but =happily their andition
was rendered infinitely muse by the change from their ordi-
nary emapations in town to those of rural life. They were
*want of egeinatire, sad it wee not possible they wed
maintaia therasel- me and their families upon the few &cresol
land allotted to them. Several of thews who were galled
the " fortunate *Rotten" would be eollid Ware the jury.
As to the remainder of the 70,000 panne wbe bed been de.
wised by Mr. O'Coseare premien they had lost their
bard-earaed gluier, bat in all 'washability they were se Well
off se the !Wattage who wore called " fortanate." These bad
given up their homes and pursuits to get a livelihood by
means of an occupation for whin they were altogether unit.
The defendant, as editor of • newspaper, had felt himself
justified In exposing this gigantic ashen, and delusion.
And, certainly, if ever there was an occasion in which the
conductor of • public organ or newspaper wee called upon to
take a determined and bold nurse, it wee La nett a ease as
the present. Why did Mr. O'Connor some forward sad
emulate now of being libelled ? He emaplidned beim!
'ailed t. a political impostor " by the defendant. He had
base often designated by that IMMO before, and justly se.
But it was sot this name that annoyed hue;
bet the truth wee, the poor wotkieg people themselves
WON begiooleg to see through the scheme, and understood
it. They felt the melancholy expesienoe that nose of tko
remises held oat to them by Mr. O'Connor bad bees ful-
led, and in all probability he felt that the sources from
which the means of imputation were derived were being
dried up rapidly. He (Mr. Roebuck) confidently
that the present trial would render the impositionhV
which the people were gulled clear and palpable. He was
sure the verdict of the jury would have the effect of pro
tecting society from such *themes and sliszepessiatatioss as
those which were brought forth by the plaintiff. The learned
counsel said he had not the ,lightest apprehension that the
jury would paralyse the energies of the press by pronouncing a
verdict against the defendant. Mr. O'Connor wee in the habit
of constantly saying he wee a beed.ue, and undontond
lie, therefore, knew that the Laud Company was not • legal
ueociation, and that it could not legally purchase land. He
therefore knew very well that he could not fulfil the pre-
mium which he held out. It hail been suggested by the
learned 'frissn that the defendant's object was to increase
the circulation of his newspaper. It so happened that a
charge had been made against Mr. O'Connor that one of his
objects in getting up the Lend Company was to increase the
circulation of the Northern Star. It appeared that paper
was the organ of the Lind Company. It contained weekly
accounts of their proceedings; and Mr. O'Connor woe
charged with making a profit of that, as the subscriber,
to the lend scheme of course hooked upon Mr. O'Connor's
paper as the brat source of information reepeeting that in
which their interesu were so deeply involved. One of Mr.
O'Connor's letter, , published in the Northern Nor, was
addrcood to • well known gentleman, Mr. Albany Fon.
blanque, of the Examiner, and the plaintiff admitted that
the circulattoa of his paper had increased rapidly after the
lai.d scheme had been got up. It had increased from 6,000
to 21,000 copies a week withiu a comparatively short period.
There was another point of importance. Mr. O'Connor often
said that although he had not transferred the estates
purchased with the subscribers' money to trustees'
for the benefit of the society, he intended to do
so. Why had be not done ,so already ? Why should
Mr. O'Conner put 100,0001., "'longing to other persons,
into his own pocket, or keep so large a sum in jeopardy ?
Suppoee he died to-night, his personal representative would
take the property. Now, if he meant to deal fairly, or that
those to whom it bolenged should benefit by it, why not
transfer it to trustees long since ? This not being done
so, fully justified the suspicions 'atomised of him, and the
allusions in the placard to his " excessive honesty in con.
nekton with the land scheme." Upon the entire case the
learned counsel confidently hoped that the verdict of the
jury would be for the defendant.
It was admitted that Mr. O'Conner was sole proprietor of
the Northern Star, from which several extracts were read in
evidence. The printed rules of the Land Company were
also read,

The assistant-registrar at the Joint• Stock Companies office
was examined. The Laud Company was eeeee completely
reiistered. It was provisionally registered in Oct., 1946.
The registration was renewed, and continued until the re-
gi►trar of joint-stock companies refused to renew the regis-
tration ea the ground that the company was illegal.
On cross-examination it appeared that a mandamus was
applied for in the Queen's Bench against the registrar of
' joint stock companies for refusing to register this scheme. A
rule nisi was obtained for a mandamus, and the matter is
still pending in the Queen's Bench. There was na deed of
settlement lodged with the registrar.
Two or three other witnesses were examined on behalf of
the defendant, and at half-past seven o'clock the court
adjourned.

MIDDLESEX. SESSIONS.-YESTERDAT.
BM*/ 71/1. 61.1.11 ANT ADAMS, AIPISTANT JUDOR.
The wort sat at Clerkenwell yesterday to take the ball
cam, which were adjourned from last week.
ALSAULT.

John Marshall, a master butcher and fignionger in Clue
Market, Frederick Kelly, and George li Warns:, were
indicted for assaulting on the 22nd of December last, Edward
Ras wind.

Mr. O'Brien was for the prosecution. Mr. BaHandl'e for
the defendants. . .

It appeared that the
_prosecutor, a youth about eighteen,
•is in the service of Mr. Betels., a butcher carrying on
businiss neat door to the defendant Marshall's shop in
Clare Market, and between Betsor and Marshall there
existed a great deal of personal animosity, which arose, not
so much from the fact of their being rival tradesmen carrying
on business neat door to earth other, as from the circumstance
of Betsor having, until within a very short period, been in
Mars'iall's employ as a foreman. On the evening of the
Saturday preceding Christmas day Mr. Marshall (to
use his own words) " was mounted on a basket,
and selling geese by auction," and a great concourse
of prisons were collected around him, attracted by the vela-
b.l.:y of his harangues and the extraordinary low figures at
'wi ich the gets* were hawked doss n. Being, as it would
seem, desirous of putting hit auditory into a good humour,
Mr. Marshall cracked numerous jokes at the expense of Mr.
Betsor, and to the great disparagement of his goods; but
Mr. Bettor and his tenants took them all with equanimity,
until Mr. Marshall, availing himself of the °cession of a
soldier going into Betimes shop to make a purchase, made a
coarse, and not very witty, impu,a'ion upon Mrs. Besot,
when the ire of the prosecutor was aroused, end he told Mar-
shall that be ought to be ashamed of himself. Marshall
thereupoe applied to him some very offensive epithets, to
the great delight of the mob ; bet the prosecutor turned the
laugh upon him by calling out " Now, eld nosey, just mind
rut own business, and sell your geese ;" upon which Mar-
chill (according to the prosecwor) leaped down from when
he was standing, and commenced beating him in such a vio-
lent manner as elicited cries of shame from the spectaton.
The other defendants also joined in the attack upon him, and
he was picked up by some persons who interposed on his
behalf, insensible and bleeding from the amend mouth.
Mr. Ballantine in addressing the jury for the defendants,
characterised the case as one of the most contemptible he had
ever met with, but ludicrous as it was—(continued the
learned gentleman)—it bad created quite as great a sense
tion, and quite as much interest in Clare Market and its
vicinity, as did the siege of Troy amongst the Oreeian states.
The jury found the defendants Guilty.
The learned judge sentenced Marshall to pay a fine of 61.,
and the other defendants 54. each, each defendant to enter
into sureties to kerp the peace for six months.

COTTOL—Lrataroot, Fn. 14. —Tito maim% cos-
tisorvenr issolassft, the NMS tads; rat !wipe esaselid SAO

1110 14 —The market has hen tentsurllg
buoy sad teraebilre, hod' is cloth and yarn, have
lama Via nen ir ea Tunny. The anteing sod
sftert onto man with the disk-Art/Meg advice*
euntasay swan hen brain mensgeadens, hare done much to
dlegi lb
lan
softens
sestins aqessislisea web whisk the )ear egsant, awl
' the Slesset et b Ths hoses trade houses
she enter tree sal hong to late
ofarethe m their ea.
=lseer lira la moat state arket.
amed hen One net goods an moving elf
st bitter grins, but act d vets wink the po4 neat ben.
phone is the grown andllltsa dew ewe learbei The grist Inde
was fir, mai the USIIIIIIii Yr awe favourable trop
Persia, NM ales had Is.. sided at nenasrative pekes. This
changt
e, hwoweve herr, is sot saint to give moth enzetuagement to
exper hes e.

CORN.—BsagstrzY, Feb. 14.—We meet writ* any
topreeeraent in the value of Corn here to-day. Bat Wbeat taken at
full pekes; other kinds of graft WIWI of ammag. Moss as
fellow :—Wkeet, 44. to 44. M. plc hal&
i= 19s. to 29e.
per qr. Oda. 19s. to 23a. Bras. is is Is. pa