The Express.
London, England, 1861-11-27 00:00:00

COURT OF EXCHEQUER.—Noy. 26.

Sittings at Nisi Prim at Westminster, altar Tana—(Belon
Mr. Braun Martin and a Special Jury.)
BENTLEY V. BRADT.—IXTRLOILDINAZY LIBEL CAS&
(Concluded front yesterday's Sorest)

Mr. Hawkies read a letter, dated 17, Curzonatreet,
July 13, 1009, front the Right Hoe. W. Cowper, to the
effect that ho had quite miauodarstond Mr. Bentley's object
in calling on him, and declining to take the chair. The right
hoe. gentleman added, "1 &al not prepared to offer thanks
to Divine Providence for the visite you have of your own
accord made to any schools, nor for the 200 petitions that
have been set on foot, nor to oak Mr. Fatoourt nor Lord
John Russell to take a particular port in whams,* and 1
kosher. the shortest way of ending the misunderstanding
which has unfortunately arisen will be for you to put 1101326
one else bathe chair at the meeting."
The wholes stated he had heard this letter read.

Mr. Hawkins—Amidst roars of laugher!
Wirer—Yes, by those who were creating • disturbance.
Re-examined—There was no charge against the foods of
the society for a paid secretary. I was allowed half my
rent of Itil. for allowing my cellos to be used as the office
of the society. The young woman spoken of as the secre-
tary was emploi ed by me to sell my books, and also to give
answers about the society. I was allowed for my pommel
! expenses, including railway fares and everything, half-a-
-! guinea a day. Although I lived ever so economicelly,
neither eating flesh nor drinking anything intoxicating, that
would not cover my expenses. My parliamentary ex-
penses of 45/. were incurred in osavaasur members of par-
liament, of whom 133 bad promised to rapport our mo-
tion. during two semions. I have never drawn money from
the bank amount, except fur the society's expenses. I
had got subscriptions from all the persons whom I
put down, except Mr. Cowan. I bad writhes to all the
patrons, and concluded! bed their authority. I also either
wrote to or saw all the persons whose names are put down
as the committee of reference. They had all subscribed.
I sent the prospectus to the preens whose names appeared
is it; and until Mr. Brady wrote these letters I had never
received a letter from any person repudiating the use of his
name. When I received letters declining to have their
'lames inserted I immediately withdrew them.
Mr. James Tyler, an accountant, proved that he had
examined the accounts of the society for 1838, and had re-
ported on their correctness, assuming that the receipts and
vouchers supplied to him were correct.
Mr. Brooke, another rociustant, deposed that be bad
gone through the accounts from the time when they were
left off by the previous wither, and at the last audit the
society was indebted to Mr. Bentley in about 801. or 70/.
Mr. William' Cheney, formerly mathematical master of
Magdalen College, Oxford, and now • teacher of foreign
students, stated that be had known Mr. Bentley, and
sympsthising with the movement, he bad attended the
society's meetiwi, and also a deputation to Lord Granville,
then at the herd of the Education Department. He had
audited the accounts for two years, and found in both cases
the society wee debtor to Mr. Bentley.
Cress ramincd-1 was never a collector or • lecturer.
I cal attended as being favourable to the movement of
education.
The prospectus of the moiety sod He petition to pulls-
meet ware them put in evidence, and as no witnesses were
called for the defence,
Mr. Chambers summed up the plaintiff's can.
' -

. .
Mr. Hawkins the. addressed the jury for the defence.
He =Needed that even according to Mr. Bentley's own
sdesissiees the alleged libels were substantially tine; but
OM /appall that they had not been fully proved, then
the VIII eamllset damages would 'Silty the Pieties of the
see. Mr. Bentley had spoken very well of himself, sad his
learned conned had given him • most excellent ohmmeter.
His learned friend bed described him as "an alga, an Indus-
trios, and ea seellent inse ." sod is that he agreed, for
Mr. Bentlewee "able ta tie collection of soney—he was
"industrious" in eseeting ant his spots—bed he was " excel-
lent" se a see of linsiases, (Lagghter.l Yr. Bentley had
admitted be wits the founder of this Maisel Edustion
Society oat of his whole beet of poises ad eopponets
Le could not none one who led siren bin &Yost ineni
Won to use his saes for theporpsse of selliag Mr, Beat.
lei's own books. No man bad e •right to inundate
with circular*, sod then, biome they did sot Skit:
Innis eaeworing them, ere
Oat he had their mac-
Moo per geshilehis leek miss in hi prapostnee. II this
meaty bed bees bend Ade, sad had dose so in* pod. why
' bed he not exiled as witness NNW of than noblesse and
(oedema wines same he hod so freely used? It
the plaintiff wished to establish the fact that
be bad not been collecting subscriptions, as be
certainly hed—not hsudulently, for that the de-
feodant did not allege, but which found their way into
his owe pocket and the pocket. of those whom he employed,
be was booed sot to rely as his own testimony. Was it not
Seer that the sooty had been of far pester benefit to Mr.
Bentley than it had been to the middle and poorer classes?
Did Mr. Bentley tell them of any single meeting, from the
formatioe of the society, when any topic connected with
education had been disused at the offices in Paternoster.
row? Had say single child received a particle ei educa-
tion. and bad Not ell the aubeoripitions been spit for the
benefit of Mr. Joseph Nutley sad hi. ascot? Mr. Joseph
Bentley had appointed himself se monger; Mr. Joseph Bent-
ley lied appoiuted the collectors; and Mr. Joseph Bentley and
his collectors had named the auditors. It was Mr. Joseph
Bentley, and his friend, Mr. Cheney, and his collector, Mr.
Jackson, who hed drown the cheques on this beak. Soli
benevolent individual was banded • petition, and asked to
give five shillings or halts.-guinea towards the expenses.
He did so, and forthwith be wee put down as • member.
(Laughter.) Mr. Joseph Bentley's agent' Tea all over the
country collecting subsciiptioos. They kept back half for
themselves, and sent the other half to Mr. Joseph Bentley.
(Laughter.) Mr. Joseph Bentley inspected schools, bat
then he got half-a-gains for each inspection. Mr. Beetley
attended public meetings at the same rate ; but if he
(Mr. Hawkins) had been Mr. Joseph Heyday he
would not hare attended the meeting at Exeter-ball and
received such • dressing a. he did from Mr. Cowper
fur forty half sovereigns. (Great laughter.) Mr. Cowper
told bins he was not prepared to offer Web to Mitre
Providence for the 20U schools which Mr. Joseph Bentley
had visited; and why should he?? Let Joseph himself, in his
own proper person, return thanks to Divine Providence for
the means which enabled him to collect a thousand and
odd pounds. (Roars of laughter.) The learned counsel
then went through the libels, contending they were justi-
fied io point of fad • and secondly, looking at the whole
character of the affair, that, supposeng the jury could not
Red the libels were justified, they should award as da-
mns the smallest coin in the realm.
Mr. Berea Martin, in summing up, defined the terra
libel as laid down by Lord Wensleydale as • publication
calculated to bring • wee into ridicule, contempt, or hatred,
and left it to the jury to say whether the matter charged se
libellous wee • libel, and if so, whether it was true,
Having referred to the prospectus, his lordship remarked
that the system of mending two collectors to people's bosses
to obtain subscriptions, half of which they took themselves,
wee per fectly new to him, and should act ass warning to
others who might be thus solicited. They would my when
ther the real object had been carried out as alleged by Mr.
Beetley, or whether be bed printed the name, of certain
noblemen and gentlemen,and under colour of their names had
obtained donations which be bad put into his own pocket.
As to the audit of the accounte, there we, 00 I*oooo to sup-
pose that false accounts had been rendered by Mr. Bentley ;
but all the auditors had to do was to take Lis statement of
the receipts and disbursement', and therefore it could not
be properly called an audit. If they thought the names of
a great many eminent men bad been put forward as patrons,
but they were not pekoes in the true sense of the word, as
persons responsible to the public that this was • beneficial
society, then the juatification was proved, and the defendant
was entitled to their verdict. If not, they would give their
verdict for the plaintiff, with such damages a, they thought
St

The Jury deliberated a fee miouks in the box, and then
returned a verdict for the defendant.

COURT OF PROBATE AND DIVORCE.
Nov. 26.
(Before the Judge Ordinary.)
HIPRORTH r. IMMOWTH.-JUDGNIOIT.

-•
This was au application on behalf of the petitioner far
an attachment agaiast her husband for neglecting to obey
an order of the court to pay into the registry or give security
for 4001. to abide the taxation of her sttoroey's meta.
Sir C. Creaseell said that some doubt bad been thrown
upon his power to make the order ,• but it seemed to Mm
that under sections 32 and 22 he had authority to direct as
attachment to issue. The rule had been adopted as a relief
to husbands, and to avoid the danger of their being ordered
to pay a larger sum than would have been the case if the
taxation were delayed till after the hearing, when the re-
gistrar would obviously be much better able to judge what
witnesses ought to he allowed than be could be from a mere
exernioation of the briefs. The attachment must go, but
under the circumstances it would be reasonable to let it lie
in the odioe for • week so as to allow Yr. Hepworth an op-
portunity of finding security.