The Express.
London, England, 1850-04-08 00:00:00

NORTHERN CIRCUIT.7LivisPoot, Aran, 6.

Nis Parm—llsroas Ns. /Wow Ravi
FAIR 7.HORXIIT.--LIBIL.

This was as action fur libel, and the declaration stated
this the plaintiff was -steward to Thanes Clifton, under
whom the defendant haa land and tenemuts, and that the
defendant, in reference to the eateasioa of a lease of such
lead, ite., wrote two letters to the said Thomas Clifton,
whereby ate character of the plaintiff was libelled. The de-
fendant, in amour, pleaded not guilty.
Mean. Martin, Berjesat Wilkins, sad Athena' appeared
for the plaintiff; sod Mr. Rubs& sad Mr. Crompton for
the defeadant.
. _

Mr. Martie stated the ease. The plaiatiff, Mr. James
Fair, was the steward sad land spat to Mr. Thomas
Cliftoe, of Lytham-ball, sad formerly lasted ia • similar
capatity foe the Earl of Derby. The defendant. Mr.
William Hoary Hanby, wa" • searatiseturer, residing Si
Blackburn, and he married a Miss Barley, and became
calupier, nadir a lease, of • house at Lytham, • Ira=
plus blow Preston. The action, as they had
Mated, ►
was for libel, and he (Mr. Martin) thought
that when they had heard the letters Damian the alleged
libel read they would be of opinion that a more malignant,
fake, and scandalous libel was never penned, or fee so
utterly valuably • sea and • gentleman. Upon Mr. Cllf
ton coming of age, new settlements were =au and lease'
granted for 99 years. ln 1846 Mr. Hereby, the: defendsat,
was &axiom to oblate au eztealioa of hie lease, and with
this object applied to Mr. Fair, the plaiatiff, as agent to Mr.
Cahoot, the owner of the property. Mr. Mania the. read a
volsminous epistolary issrrespondmice between Mr. Fair and
Mr. Hamby, relative to the renewal, of the lease, and the
terms oa which the renewal was to be made. Mr. Hornby,
is emral of these WWII, complained of the terms offered,
sad expressed kis regret that he had bees induced to make
certain alteration and ezteasiooa to the property, which be
had been iodated to do under promisee given by the
plaintiff. In reply Mr. Fats wrote to the effete that, find-
lag Mr. Hamby was ditestisied with the terms, he (Mr.
Fair) was perfastly willing to submit the matter to my re-
spectable misery or land-spent ; and stated that the
calculations whisk he had mute he had endeavoured to sake
in strict jutesse between both parties, and that he had sub-
mitted then to Mears Milner sad Birkett, of Preston, who
bad ezpremed their belief is their correctems ; but if it
maid be shows that he (Mr. Fair) was in error, arrange-
ments should be made to adjust the differences, andike
would undertake that Mr. Clause's family should give •
guarantee for the outlay incurred on the premises, to be
c2at the expiration of 9H years. Accordingly, these terms
g thought satisfactory, Mr. Fair prepared are of the
memos printed hems, a form is blank, and ooannoa to the
whole of the temente, which he forwarded to Mr. Marshy,
who, on toe 26th of May, 1847, wrote a letter to Mr. Fair
stating that the fora of the new lease differed materially
from the one under which the property had been previously
held, and that ha objected to the dictatorial and inquisitorial
terse which i(csaWned. Upon the let Ohms following, Mr.
Fair wrote to Mr. Hanby requesting his to do him the
favour to return his the kmee and counter part, which he
(Mr. Husby) mid he could not execute, and which had
bees left with him by his (Mr. Fair's) clerk on the under.
standing that Mr. Hornby would call upon him at his dam.
A vast number of letters passed between the plaintiff and
defendant, and at the end of 1847, Mr. Hornby intimated
that he would keep the counterpart lease, which might be
of service in cars of litigatiou arising. Matters then stood
over until October, 1848, when Messrs. Haydock and Bon,
solicitors, of Preston, were instructed to write to Mr.
Hamby, applying for the counterpart of the lease, and ulti-
mately an action in details' for the recovery wee commaesumd,
and • process served upon Mr. Marshy by an articled clerk
la the Aloe of Messrs. Ha dock, the solicitor.. Mr.
Hanby upon this placed his affairs la the hands of Messrs.
Back ad Dam, solicitors, of Preston, and on the 224 of
May012,18490'46'4 was executed, is which Mr. Clifton under.
took to make compeasatice for the expenditure ineurrid upon
the improvesseats on the premises. It was then supposed
that all matters La dispute were settled. However, on the
21st of March, Mr. Hornby coasidered it decent to writs to
Mr. Fair a letter, charging him with haring actuated
Mr. Clifton by misrepresentations, and stating that he (Mr.
Hamby) had been grievously plundered In emsequenos.
He further stated, that the assertions in the letter were
gross and vicious falsehoods, and that the plaintiff know this
at the time he made the statements. Oa the 2nd of August
following, Mr. Clifton retuned to Lytham hall, when the
de'endant addressed to his oats of the letters formiag the
libel complained of. This letter bore date " July 30, 1849,"
ad enclosed a copy of the letter which had been eat to Mr.
Fair. la this Mr. Marshy informed Mr. Clifton that he
had waited hie ratan to L than in order to lay before him
• statement of the conduct of his steward, by
wham he had been treated la the most dishonourable and
nagentlemsaliks meaner, which course he (Mr. Clifton)
would not have 'sectioned. Borstal letters them passed be-
tween Mr. Clifton and the defendant, and in answer to ace of
dues, it was Mr. Hereby who wrote the other letter complaiaed
of. In this letter Kr. Hanby said, " lavestigation alone
can prove the teeth or otherwise of the charge I have
made, and wb I now supeat—that, after haviag laid out
little short of MI. at Lytheraten promises which I expected
be hoe kayo bees deceived, robbed,
and atecearbatedritsayrrlSsir and Mr. Howdah, and to
von as their, weigheyer, as also ewer of the soil, I make this
statessitat, to the teeth of which I am prepared to take the
most sassed demotion." Mr. Martin then remarked that
than iebindont had failed to establish the justification of
whisk he boned to his Wee to Mr. CUR.., and he had sot
dared to put such a plea ulna the record that day, and Mr.
Marshy still thought peeper te weevers in the wane he
had taken, by net imWot M am forward and doing that
which a gentleman ead-bolewrable man ought to do—re-
tract what be hod ad. Tim Miss was brought, not for the
amount of Images, bat his apwltenmtioa of the charge ; end
he trusted the jury, by tbsit eardist, would teach the de-
fedest that to write such nowdeas, false. and malignsat
know was aM She wpm mode of conducting business
anew' gedemen.
Mr. Jamie Edam Dims was then examined in evidence
to prows the monessissia, and Mr. Edward Heyde:nit, the
execution of the bed.
_ . .

lereeid to the letters forming the libel having
bees received by Jim
Mr. Boobs* maraud the Jury at very cassiderable
length. He odd If Hr. Clifton had pursued • wise wane
sae which his experiesse of the world alight have sug-
gested—there wed not have been such es of the
proceedings into whisk they were this lal ,sad all
parties would have been raved the taewbbs, sailiafg, and ex.
pets which had been lawsrred. Hr. Hanby, eiNWIMMI/1
well kaolin in the esonsesreial world, a are IM highest
integrity sad MOM, fled* himself ill-treeled by the
servant, in whisk eharesese Mr. Pelt shred fa is
lotion to Mr. Chaos—be, In the assastar of a
gattlenen, did that whisk it was aanerel sad
the Ffor his le lip—his laid hie essplaint
servant beim the master, Moe, lastead
airdiss Ida ea hemallgaties. yield the set-
reepmimai ia the hark of am atimmey. whims, wee
all the WI whit' bad illeered. Mr. Meelsea, la emmemt-
tag upon the alleged lidless kitten, reworked that, having
bets written triads Ise ef • deep same of wrens, they
might exhibit a west of weed taste sad embus jai"
meet ; but 'they did net Wait my wally* or hip
rested it will towards the *kW sad were, all Weals
eau after what bed 'mewl! a fegaitejr, Mims
that veryj _ east, to be treated ae mama.
&teatime. . Zeds* this leek • review the whets
ewe, Elvis it • beematie esiudest hi elks% snit
ememied that the bee mews whisk they had lseea spasm
d—ine ler the eseevery of the ematerpast leers, sad the
ether as meths if elsetaisat—bed bee. beau& by Mr.
Pei with the view of maids, hi vmegeeme spa Mr.
Newby. by Oda MS. ef sigmas M ea allemere bill had
bees ma*. Ns. Nobs* leak urged apes the Jvy to
tenet the helm as privileged cemmaalaatims, mad give •
reedit it hi diet
Mk Leda* immetellpiZ that saieu the
plaid. me ma is Jed a et ary
miss the Mi MeMymi wee
WIOW the ramie of seammissideme i and be
met ems It wee earryig the &striae to a prepeeterms
leagth if those eelesaters were to be leaked ea is
Mel ebeseeter. Bi WM* is alluding M the itter
maim by the tisimemt l• the AMOK mad alliemeeds
mimed to Mr. ONO% mil, dies. Mil set ins
thenposeil he Wks, I gust bi walla lbe 'WI by
mos As &haw INS emd wlghthrwfrwoa
the mildest of a alatial peleamiles. It night he, sad
dealt it me.iLimmanest Oat Mr. Meraby was
geatlease• of ; but le bed gives proof
that he wee a yamh el tesper. The lemma iteaseel
he the deiedest had Masi that Mr. Men bad bees
istrummtal le the min Wig brought ; bat be (the
Wee) most we that Mr. CliAcs mealy lave
miumismiesdi hi duty M himself es a geatleama awl
Masi property, with Ism% ardor him,

if he had not taken the eases whip he bad done
byb direotlaf tbe attention ot his goat to the Car
of his heels' resolved salt eenintenleatises. The I.lk,
abuts by Mr. Horuby to Mr. FJr was Intended, doubt-
Lesly, as en insult to that gentleman acd three or four
tenths afterwards • copy cf that lean was sent to Mr.
Clifton, inclosed in • letter rebore. Itig the wh-le of the
sharp. Usdoubtaly the lettere contained • libel, and
aloes tbaceraid be eonsidered es plvdegedcammunkstiagg,
the plalalff was entitled to a vardW i the waront of damages
would rest satire!, with tits Jury. Oa this subject he would
not say non than, if Emma, It was • libel of • most grow
nature, for which tbe party wasentitled to ontstutial
damik
The jury after • short deliberation, attuned • verdict
for the plaatlff, damages 405., =eft 40a.,
BZIOG• Haiwozat.—Dia.
The plaintiff, John Brigp, seed tbe defendant, Elizabeth
Haworth, mead: of Wiutaw Hopreabe for money bor-
rowed by her late husband. The iftedeucab of the ease
ware
eatooportaat, sad thew psomed no Munn. The
J
ury Med • Ow the plalatif lOW., with meta.
The whole shits mats mired having beta dimmed
of, the mhos Iseadasted, sal the mart at half-pest low
dissolved.

NORTH WALES °IPA:VIT.—Cairn; Arm 6.

CSOWN ON RT. —Blooms M 3. arnica WLLIZIaII•
Fozoisr.

Masao Waider .fedii,e;e;ilndioloi hr Wing forged,
at Frodekaam, fa this county, • =toy NOM fee the pay-
meat of 901., with intent to Go looms Si Do-
aid Irk. .

11-414ared that the prisosse was a nes in very good
eirrentelesses, end wW the powwow, Joseph Datum, wee
esthled Se a Lep mem Of may mailer the will at the late
Daudet Irk et Prelim. who Mei snared yeses ago. Oa
the death of the testator the polies sootemssi ostler the
will were Sodom eilleriegies melba to a settlement, and,
mewl a* *bp, it wee essoldseed &nimbi* to sell a
pales of the lesteMe. lambi geepeety at Fredebam to the
perish Wheelie% The Omer, who wee e* mentor as
well me legatee mks the wIU, at • miry meeting of the
parishioners of Prefeliam, *sited to the soh of the property
until a peahen sole, wkieb he alleged he held from
Mr. DaaW was Wmewkdsed and payment goonthei by
his emexsonlesa red legatees After essekteethis islay the
predsold the Sib at the 'See et • slits, named
C.U.alr It *es peopsthed to bees the Moisture of tike
tater, and to have boss whammed William Walker, the
brother of theerfff. The note was alleged
to ham boon Moat SANS yaws ago, but the prisoner
was inhumed Mr. Posse that it sae worthless, as there
was se moimesseent of Merest es the back of it. The
}deem add that was of se swore Wes ea he had memo.
essula of pigment of interest at bum. It appeared that no
mops were token either by the primmer, es tlis holder
of the alleged promissory note, or by the legatees
nadir the will, to prove that it was a foram for •
period of four or live years, until a few weeks ago, when the
prodostio• of the note was required, and it was then gives
up by the prisoner, sad purported to be attested by his bro.
ther, Witham Walker, and also to have several endorse.
masts of the payment of interest on the bath of it. A few
days before the cote came into possession of the constable,
the planer had given notee of action to his co.exessators,
for the recovery of 901., the amount of the sot* in viatica.
It was shows that when the not. was at Mr. Pamirs
°Mai there were no 'adornments upon it. Witnesses were
called, who expressed their conviction that the signature
" Daniel Brie" was net in Mr. Brle's writing, and the bro-
ther of the rimer proved that his sigoatnre as attesting
whams to the mete wee a Scenery.
Mr. Ilgetyre, who appeared for the prisoner, contended
that the promiesory sate was a genaine one, and that the
present iedietmeat would not have bees preferred had not
notiee of action been served for the recovery of the value
of it.

The jury found the primer Guilty, and he was sentenced
to sews yews' transportation.
11•711.1.•0011Tal DT A Gunn
John Wood)fare, aged 39, war indicted fee the man-
slaughter of George Moulton, on the 28th November last, at
Coddiagtos.
This case excited cossiderable interest. It appeared that
an the night of the 28th of November last there were ma
poaches espied is as affeay with the pansekeepere of
J. H. Lecke, Hu., of Carden Hall, end B. Alderwy, Eso.,
of Aldereey, three of whom ore in custody on a charge of
poadaig, two of whom escaped, and the sixth was the de-
feated George Moulton. Early on the morning in question,
Woodinea, the prisoner, who was gamekeeper to Mr. H.
Labe, was at watching is the vicinity of the hall in com-
pany with a watcher, when they Mad the report of guns,
which they thought proceeded from a wood called Barton
Plantation. They went there, but found no poachers. While in the wood they heard firing in the direction of Al-
deresy, and Woodfine proposed to go and call up George
Lightfoot, Mr. Alarm'''. head gamekeeper. The party ac-
cordiegly went to Lightfoot's house, and knocked him up,
and having heard firing again wont towards a wood known
u the 81obbercroft Plantation. The plantatios is • short
ass, abutting upon a lane called the Dog-lane, and tenni.
sating in the fields. The firing now became me distinct that
the keepers were satisfied poaches were in the plantation.
When the keepers got near the spot where the poachers
were, the latter made on towards Chester, and the
keepers pursued them until they very nearly reached
them. Woodall' and Lightfoot wen armed with
gas, and Lightfoot had a cudgel. Woodfine then
called out to the poachers to "stand." One of the..
replied, Go to the devil with you." The keep's again
shouted, " Stop, for we are determined sot to be lam.
bugged." The poarhen then turned round and faced the
keepers within • very few yards, some of whom were armed
with guts, and the rest with bludgeons. The poachers
gradually retired when Wood's', who was a little in
advance of his companions, called oat to them, "Now,
lads, let's in to them." WOodase first sprang forward with
his gas up, and struck one of the poachers on the head,
ruining a severe blow in return. Another blow was
levelled at him, but before it descended Formeston had
knocked the man down. A desperate fight ensued, in the
muse of whisk both parties were severely beaten, and one
or too of the poachers knocked senseless into a ditch. The
prisoner stated that during the fight one of the men came
towards him with his gas pretested, tad which he believed
would have shot him had le not came up and struck the
gun on one side, which immediately ezploded, and George
Moulton was seen to fall immediately. The fight continued
for some time lone*, bat two of the poachers having Red,
and two others being essaeless on the ground, the rut were
easily secured, and the deceased carried to • farmhouse in
the seighbonebood, where he died.
• surgeon who was called la proved the death of
Moulton to have been caused by gunshot wounds, the shots
having snared the lower part of the abdomen and con-
*ley destroyed • portion of the abdominal Thom.
Kr. Towuend, Q.C. defended the prisoner, and
The lamed Jades having summed up the case, is the
course of which he took oceans to condemn the practice
of sending out parties armed with deadly weapons for the
protection of game,
The jury found the prisoner Not Guilty.

THE POLICE COURTS.
CITY POLICE COMMITTEE.--Sarummar.
lIKPOZTANT TO COAL MAILCILMIIIII.—Mr. A. Bird, seal
marolmat, of Bridge.road, Hammersmith, was summed
fer act providg • proper weighimemacitine to a waggon
which was deliveinries male in Badmen-street. The waggon
had a mealtime, bat it was a Wad of balance with which no
*Wilts were used. Hr. Bird, of New•lnn, argued that the
set 2W sot set forth the dwt4pdoa of machine which should
be used.—Mr. Aldermen Ilion, without doubting the
efficacy of the maceim in gustier, said that the 6th sea of
the est Hearty deemibed the peeper weights, ttc. The ma-
chine, therefor*ghi, set having weights, was not seek •
weiss a was matentAtted by the 100i/stun,
than he should markt la 104., and meta.