The Express.
London, England, 1868-06-26 00:00:00

WESTMINSTER.

John Murphy was re-examined, charged on a summons
with publishing a malicious libel of and concerning Mr.
George Hinton, under Lord Campbell's Act.
Mr. W. D. Smyth, of Rochester-row, prosecutcd ; Mr.
E. D. Lewis, of Marlborough-street, defended.
. _

The proseCutor is a eigarZerchant; of Sloane-street, Chel-
sea, and occasionally made bets on horse races. Having
laid against Blue Gown, in the Derby, he lost a oonsidor.
able sum of money, which he was unable to pay. On the
Thursday week following the race the prisoner came to
his mhop and demanded 111., which the prosecutor
declared he did not owe him ; in ocovieguenee of that
the prisoner created a disturbance outside the shop,
during which the windows were broken. Itwo or three
days afterwards the prisoner appeared iu the street with a
placard in front and behind him, on which in large letters
was inscribed " The Welcher is No. 168 and 169, Sloane-
street." He continued to walk about the street every day
with the placards, and at times stopped in front of the
prosecutor's shop, and called people's attention to him,
saying, "That man owes me 111., and that is what I sin
here for; and I will Walk here for twelve months till I
get it." Even after the service of the summons ho con-
tinued the same course till Monday night.
The term "welcher" was thus described in Hotton's
"Slang Dictionary," "A person who makes a bet without
the remotest chance of being able to pay, and biting it,
absconds and makes him. scarce."
In cross-examination the prosecutor admitted having
, lost other bets as far back as 1881 which ho hail not paid-.
Had been a publican and a bookmaker.

Mr. Arnold inquired it Mr. Lewis wus going in contitiu,:
to corm-examine the prosecutor with II •.ew to justi-
fication

Mr. Lewis said he was.
Mr. Arnold wished that Mr. Lewis hail been better
advised. Ilad Mr. Smyth adopted hie (Mr. Arnold's) sug-
gestion last week, and withdrawn the summon 4 andl iuo-
exeded under the Police Act, he would have known what
to do with the miss.
Mr. Smyth said if be had done so Mr. Arnold would only
Lave Lau aide to inflict a tine of 405., a rum whist would
have been paid, if occasion required it, by the priainer's
ieuds every week.
Mr. Arnold replied that they could be indicte 1 fur con-
spiracy. Whatever right the defendant thought he hail
to money front the prosecutor this was not the le,al way
to proceed ; it wanclearly adopting a course uslculidoil to
lead to a breach of the pease. His conduct was such as
would admit of no justihcation whatever. He had hoped
that Mr. Lewis, after calm consideration, would have
made wane overtures to the other side.
Mr. Lewis quoted a similar case where a plea of justifi-
cation wan successful. The only object his cheat hut wan
to prevent the public being defrauded by the prosecutor.
After some further discussion, it was agreed by bath
sides that the defendant should be bound over to keep the
peace for six months, ono surety in 401. and two in 201.
A short time afterwards Mr. Smyth returned into coiirt,
and inquired if the defendant was not bound over fur
12 months.
Mr. Arnold replied in the negative, but he thought that
12 months would be best, 1111 that would extend over next
year's Derby. (Laughter.)
The court WWI densely cmwilid by the betting frater-
nity during the hearing of the case, and at its term lid-
tion, as the pi osocutor left the court, he was hailed with
shouts of „blue Gown."