The Express.
London, England, 1861-02-07 00:00:00

COURT OF COMMON PLEAS. -FED. 5.

Sittiugs at Nisi Prins in Iliddlesex.—(Before Lord Chief
Justice Erie and a Common Jury.)
‘%1117E r. BAYLZY AND OTHEIIB.—A aWLDISPOIMAI

DISPUTE.

This was an action to recover damages for tieepsas
entering some premises in the occupation of the plaintiff,
and taking possession of his stock in trade, whereby it was
alled that his bir-iness had been injured.
3tr. Edwin James, Mr. Ser)eant Parry, and Mr. Need-
ham, appeared for the plaintiff • and Yr. Serjeant Shee
and Mr, W. Williams for the defendants.
_

Mr. Jones sail that the circumstances of this case were
of • somewhat extraordinary character. The plaintiff
previous to 1 S'et carried on at Glasgow the business of a
bookseller and publisher, and the defendants, Dr. Bayley,
Dr. Spurgiu, Mr. W,.rren, Mr. Williams, Mr. Bateman,
and Mr. Butler were members of the committee of the
Swedenborg Society, which he believed had existed since
lelo. Among others who were interested in the
propagation of the works of Emanuel Swedenborg
was the Reverend Augustus Clissuld, a clergyman, be
believed, of the church of England, who, in ISA, gave
3,000'. to the society for the purchase of premises where
their publications could be distributed and their other trans-
actions carried on. In consequence of this gift the premiss,
36, Bloomsbury-street, New Oxford-street, were taken, and
negotiations were entered into with the view of the plaintiff
corning to London to be the storekeeper and agent of the
society, his principal business being to manage the book
trade. A correspondence took place, in the course of which
Mr. Wilkinson, the secretary, wrote to the plaintiff stating
that the storekeeper was to have premises rent and taxes
free, in a good situation ; 351. per cent. to be allowed to
him no all books sold out of the stock, he making such
arrangements with the booksellers as the committee
might determine to carry on the retail burner
in other new church works and general literature
for his own beoefit ; the committee to guaran-
tee 1:10/. for the first year, including the plaintit'e
general business. On the 13th of July Mr. Wilkinson again
wrote stating that it had been reseived that the plaintiff
should be elected storekeeper and agent on the general
terms mentioned in the last week's resolution, with such
modifications am should be agreed on. The plaintiff accord-
ingly, on the 17th of July, 1834, came to London • and his
engagement was renewed each year in July, subject to cer-
tain modifications, but the employment was for a year, and
there was to be six months' notice to terminate it. la 1660,
the monition stated that the plaintiff was to be manager at
a salary of 75/. a year, and six months' notice of separation
on either side. Everything went on well down to July,
1800, a state of things which had been however materially
altered since that time. The jury had probably heard of
the appearance in the theclogwsl world of a person named
Hama, an American, a gentleman who was parented of
great powers of oratory, and who professed what was
lolled Spiritualism, a doctrine adopted by • large number
of persons in this country and by a great many more in
America. The fame of this preacher's oratory was so great
that his addresses were listened to by persons of the highs*
position in society and in the senate. The doctrines ef
Emanuel Swedenborg were to some extent connected with
spiritualism, and indeed he himself believed that he held
intercourse with spirits. No sooner had Mr. Harris ap-
peared than various publications were issued advocating his
theological notions, and these publications were sold by the
plaintiff, who had an entire right to carry on his own retail
business. He believed that every one of the defendants re-
ceived from the plaintiff works advocating Mr. Harris's
views without raising any objection, but afterwards the
odium theologicum sprang up, and the plaintiff suffered the
ill-treatment of which he now complained, solely upon,the pre-
tence that he bad circulated the doctrines of Mr. Herrin. The
defendants determined to eject him from the premises
which he occupied, and they proceeded to do so in a rather
extraordinary manner. They held a sort of packed meeting
of the committee, and having determined to expel the
plaintiff, they, to damage him the more, employed the
Oaken of the Society for the Suppression of Vice. H, how-
ever, any question of vice should be raised now, be would
De prepared fearlessly to contrast the doctrines of Sweden-
bag with those of spiritualism. What the officers of the
Society for the Suppression of Vice had to do with the mat-
ter be could not imagine, and indeed the plaintiff knew
nothing of them, except that they left behind them a num-
ber of cards bearing the following inscription :—" General
Garibaldi, Old-street, St. Luke s. The Garibaldi Lodge,
Royal Antediluvian improved order of Buffaloes, will have
their harmonic meeting," and so on. (laughter.) How-
ever, it seemed that these officers were employed to break
into the 'remises and take possession of the plaintiff's pro-
party to his very serious damage in business.
Mr. White, the plaintiff, said he himself was the author
of a life of Emanuel Swedenborg, and in 1854 he was en•
..ag storekeeper and agent fag the Swedenborg
, and a house was taken, No. 36, Bloomsbury-street,
111;76xford-street, and witness entered Into possession, oc•
awing the lower part for business, and the upper part as
a residence, the first. floor being used se • meeting room by
the society. His arrangement wae to sell the works of
Emanuel Swendenborg, work■ relating to the new church,
and general literature. Witness published catalogues of
the books he sold, and copies' of them catalogues were sent
to all the members of the committee. The subject of /pin-
tuella° had attracted more attention among Swedenbor.
glans than any other people. Swedenborg himself pro-
fessed for the last twenty-eight years of his life to have
intercourse with spirits. Mr. Harris was a preacher, but
I not a preacher of spiritualism particularly. He
said he saw spirits as Swedenborg did. .%'itness
sold in his shop spiritualistic works other than
those of Swedenborg. He dist heard a complaint of this on
the sth July last officially, but there had previously been •
statement in the Intellectual Repository, and witness wrote '
an answer to it, of which the committee highly approved.
The catalogues contained the names of various spiritualistic
works. On the sth July last be was re-appointed, but on
the 2nd August a resolution was passed that be should oesse
to be storekeeper or to reside on the premises in six months'
time, and witness received a notice in accordance with this
resolution. A subsequent meeting of the committee held
this notice to be Illegal, and it was withdrawn. A resolu-
tion was paned by the committee on the sth July,
which seated that it was inexpedient that wit-
' sees should circulate the works of Mr. Harris and
ether spiritualistic works. Witness wrote au answer,
asserting his right to be allowed to continue his business of •
bookseller. The resolution of dismissal followed this letter.
On the Bth November last witness believed that his own
stock, excluding the works of Swedenborg, was worth
11,0001._ Antis defendant.. except two, bad purchased Mr.
Harris's works of witness, some afterwards and some before
any complaint was made. Witness offered the committee,
in August, to withdraw spiritualistic works from the
window. He did withdraw them, to prevent perusal, and
offered to ,pubenit to the decision of a general meeting.
Anybody who subscribed 10s. to the society because a
member of it, the sole objeet of the society being to die-
tribute the works of Swedenborg. On the Bth November
lest there was a meeting of the committee ; the defendants
were all present. They gave witness notice to quit at MOO.
Mr. Larkin, • member of the society, spoke to witness,
and he, in consequence,. locked up the shop where his
stock was. Dr. Spurvia came to witness and demanded
entrance into the back shop. Witness did not
answer, but went upstairs to the committee-
room. Dr. Spurgis followed, and said, "I think here is •
case ; our agent will not obey us." Soon afterwards the
doors were smashed open, and the officers of the Society
for the Suppression of Vice put in poisesion. Witness was
kept out of possession of his stock from the Bth till the
26th. A general meeting of the society was called by re-
quisition on the 12th and 13th November.
Mr. Sssjeant She, said it was not • general meeting, it
set having been called by the committee.
Witness continued—The niceties was held at the Free-
masons' Tavern, the committee having shut up the society's
own room. Most of the defendants were present, as was
also Mr. Pritchard, the solicitor to the Society for the Sap-
ion of Vice, and solicitor also for the defendants.
(The meeting paced resolutions in favour of the plaintiff,
and offering him a renewal of his engagement for seven
years.) Witness's solicitor •applied that witness should be
reinstated in the sion of the stock, but his application
was not gran He took possession again on the 26th.
There was some ogwS.ion, and one of the officers of the
Society for the ion of Vice drew a esvordsand
brandished in their . Witness remained in limns-
, 'ion until the 19th December, when by order of the Vice-
' Chancellor the committee retook possession until this dis-
pute was settled. During the last year be sold about
2,000& worth of book.. The profit was between 10/. and
IN. per cent. The sales of the society's book were under
3100 f.
wan year. His business had bees destroyed by what
happed.
Crow-examined—He sold spiritualistic works from the
time he opened shop in June, 1855. He sold the Spiri-
tual Telegraph and the Spiritual Mapazitte. These spiri-
tualistic works did not refer to table turning and spirit
rapping, any snore than did Swedenborgian works. In
June, 1860, some of the memben of the committee
were much dissatisfied with WHIMS Selling such works.
Mr. Wilkinson. the secretary, was of the same opinion on
the matter as witness. Mr. Wilkinson helped to mamge
the Spiritual Telegraph, and he was now witness's soli-
citor. The witness was further cross-examined at mei-
dereble length as to the constitution of the general meet-
ing,, and as to some attempts to " swamp " the conati-
tossoy of the society by the creation of sew members.