The Express.
London, England, 1861-07-30 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—MAIDsroIic, JULY 29.
(Beton Ur. Jam. Williams mid • Special Jury.)

This was an action to recover damages for a libel ; to
which the defendant pleaded a justification.
Hr. Lush, Q.C., and Mr. Prentice were counsel for the
plaintiff ; Seism% Parry and Mr. Needham were for the de-
fendant.
The plaintiff in this action is Colonel Carmichael, the
commanding officer of the 32nd Hegimeut of Light
Infantry, and the defendant carries on the business
of wine and spirit merchant at Dover. The depot of
the 32nd was stationed at Dover, and it will be
remembered that the regiment returned to England in
August, 1859, and joined the depot at Dover. The defen-
dant, it appeared, had been in the habit of supplying the
sergeant's mem of the depot with spirits, and it appeared
that about this time, owing to one of the sergeant. who had
acted as caterer to the mean having misappropriated some
money that had been entrusted to him to pay the debt.
contracted by it, • stun of 171. was owing to him for spirits
he had supplied, and he applied to the plaintiff to assist him
to get his money. Colonel Carmichael referred him
to the Articles of War, and the regulations for the
management of the army, upon the subject of
debts by soldiers, and informed him that the
usual notice had beeu given to landlords ned
all other tradesmen not to give credit to soldiers, and that
if they did do so they would lose their money, and he de-
clid to interfere. Things went on in this way for some
time, and in Jun* it appeared that the regiment was about
to leave Dover for Aldershott, and the defendant made
another application to the colonel upon the subject of his
debt, and what took place at this meeting appeared to have
been the ground for what subsequently occurred. The regi-
ment proceeded to Aldershott, and the sergeants very
honourably made up the whole amount that was doe to
the defendant, and sent the money to him, and he
acknowledged the receipt of it, and in the sense letter stated
that he was aware that it wee the colonel who had in the
most ungentkmanlike manner prevented him from getting
his money, and he added that his conduct to him bad been
the most ruffianly that he had ever experienced during •
period of twenty-five years. This wee the libel complained
of by the plaintiff, and it appeared that he not only sent
this letter to the sergeant who had remitted him the money,
but sent, at the rinse time, a letter to Colonel Carmichael,
informing him of the fact, and also that portion of
the letter containing the charge of ruffiaolike and
ungentlemanly conduct. Colonel Carmichael at once
placed the matter in the hands of his solicitors, who wrote
to the defendant requesting that he would make an apologi.
but he positively declined to do so, and said that the only
sort of apology he was inclined to give was to repeat the
statement with increased emphasis.
Colonel Carmichael, the plaintiff, was examined, and be
stated the circumstances connected with the arrival of his
regiment from India, and the application made to him by
the defendant for the payment of the debt that had been
incurred. He said that he informed the defendant that by
the regulations of the army such a claim could not be en-
forced, and that he was perfectly aware of that fact, and he
stated positively that this was the whole effect of the
communications which took piece between him and the
defendant.

Several questions were put to Colonel Carmichael, with a
view to show that be had made use°, certain expressions of
an offensive character to the defendaot in the mune of
their conversation together, but he positively denied having
done so ; and his evidence in this respect was onallrated by
the testimooy of Lieutenant Stabb and Lieutenant Loon,
two other of belonging to the reginieut, sad other
vaitakiris,

The only answer that was attempted to be set up to the
plaintiff's case was by the evidence of the claim:idiot, and
all it amounted to appeared to be this. He said that at the
iatervisw in question the plaintiff said that he knew him
is the fellow who had come to him some time before in •
" bumptotia" sort of way, and thought to bully him out of
some money for a pothouse wort. He also said that
Colonel Carmichael ahook the Articles of War in his face,
sad repeated that be would take care that he was not paid
and it was upon them fact+ that the dervedant appeared to
have fomndsd his plea justifying the libel complained of.