The Express.
London, England, 1857-06-23 00:00:00

COURT OF EXClit

(Before Mr. Baron Martin and
BARBER V. TOTTEII.—TIIT. SAMAR!

Sir. Serjeant ballantine, Mr. Joyce,
peered fur the plaintiff, Mr. Edwin
Mr. Sleigh, for the defendant.
The action was brought to recover
and fora malicious prosecution. The d.
Inge, put in Moue the truth of the
damages were laid at 1,0001.
From the opening statement
the plaintiff it appeared that Mr.
was the Secretary of the Samar
the relief of the taxed poor in the wins
be., formerly the City Hospice and eou
Snutlitield; and the defenclent, Mr. l'o
the West London Union, and carried
balist in Farringden-market, bating
Peckham. The elunders were allege
on two occasion. when the defendant
and, before Alderman Sir W. Carden,
titan Institution in these term.
" I am OW of the guardians of theN9
I have to pare almost daily the S
Wert-street, tentithlield, established
to the bousekss pour. I have hei
about to wait upon the Lord Mayo
and I therefore feel it my duty to P
occasion during the lust eight in
institution used for any other
eidence of Mr. Barber, the were
house fur his phaeton and a
except the upper part of the house, w
mitory for 10/. a month." This knit
the sth of December, 1856, and repo
a sulesequent day Mr. Potter insinua
the institution bad been removed by
action was brought, four sutamone
upon Mr. Barber to answer charges e
false pretences twelve 'menthe beim
Law Procedure Act, n count for
wee added to the declaration.
Mr. Boger Kynaston Griffin, re;
fondant made the first statement eon
Dr. John Barber said he was one
nagement of the City Hospice, and
elected manager, and his wife Lustre
tary, retired, and hie son was gotta
Ile continued in that capacity until i
in 11153. It was wished to contint
was re-opened, under the 08111 C of 0
In November,lBa. By a reaolution
plaintiff was appointed secretary ae
was 100/. for himself, and 20/. for I
board and residence, and the gen
institution.
Cross-examined—The annual Ti
always published. The accounts
say by whom. The institution we
same house. A large room at the
apparatus, served the purpuees
was a dormitory. Beds were
whether they were bought out e
not know whether any casual poor
The present Lord Mayor was the
not been patron to the institution i
not been to the institution more tk
the lost two years.
Mr. Sure Edward Parke Barber
a glass merchant, residing in W.
stmts.' of 2081. a year. The Suu
occupy as much so the City Hoepit
management would not be reap
The institution pail 100!. a year f
room at the back was large snug
Institution opened in Noveniber
March, Apnl, or May, aceordim
or severe. Had acted as
as matron. Ili. daughter
months of 1853-4, 34,724
by fwd; in 1864-5, 65,000; az
70,000. A City mieeionary atten
Numbers came and used the lan
proceedings before the &Henna,
upwards of 2001. On the 23rd of
tution was opened. There was
end they could rely on the trail
hand. lied never seen the detest
It was not true that any portion
was used by himself, by his plum
dormitory was let to tke West
month. The books were remove
bad been lost ,• but the books
of 500, and lie did not kni
been more. He went to
made on the 6th of December u;
no charge, nothing took place,
upon him on the 23rd of Decetul
on theeth he told hie solicitor to
days after the writ had been •
from Mr. Buchanan, solicitor t
charge would be made. Witne
Mr. Buchanan stated that the p
nese had received provisions ant
acknowledged the receipt of th.
distributed them among the ;
dined to proceed further link
Budianan said be would
taking flour beer, and his
lent; pretences. Sir W. Ca
summonses. The summoners
attended sevend hearings. Go
sal for Mr. Potter said the c'
racier, ae he would call witnere
been guilty of subornation of p
mended. Two girls made • at.
withdrew. He was taken ill, a
Ultimately, after ten or ekven
&trate, he was discharged.
continued their subacriptinns;
drawn their support. The 1
angina pectoris, to mental anti
reach 100!. this year. Glees
paid 2461. had to be sold eta I
dal with him.
Crass-examined—First bees
tion in 1952. Had been ages
By resolution on the 10th No
for three months at 30s. a we
23rd, bin wife was appointed];
him, at a eatery of 100/. per
then called the " Cite Hoop
remiss, consisted of hour!
tetion occupied the warehout
the auditors. The accounts
previously to the charge bein
audited tbe account+' Mesa
ante, went through them.
whim before the other part
A Juror—My Lord, I wird
Meows. Hart was written in
appeared to be signed at the
Witnese—Thecae account.
monthly, and after the prow
audited them, and Mr. M.
that was his signature. Th
his hands, except thew whi
money when required within
the eccounts before the vont
ceived in eubarriptions about
1791 10s. Dispoeedof about
Anancecommittee. 1n1554th
had not been brought, but a:
the audit put to it eine°
They were taken from the o
counts and vnachere for pa]
the finance cxnutuittee beton
The auditors did not sign
would not make thenneln
he had spent for the institu
to hold them hale for
the building to the 'V
per month dating le
the Samaritan Indite
In 1865 Sir Fitzroy Kelly
atitution. Sir F. Kelly he
it, for he was still a vi
guardian of the West le
Nat Union sent some beds
were there. Those beds h
lord put a distress into the
the whole concern keen
Samaritan Institution wits
. .

he attended with Mr. Hor
to that made by Mr. Putt
B. W. Carden refused t
charge were made and the
charge. were with regara
were both distributed to
the other the illy followir
private use, but the serve
it. The private servant 1
tlbe funds of the iruitituth
and had her board with
mein were that the even
a joint rotary of 100/. a
hhinelf and family. TI
previously to the pr
they Mel never bean
had no itutbority for,
Boos, the builder., 101. a
In pi niter. Thin in,
building he inhabited, at
were pnnted and 1,0..1181
M . Carden, but the
the first statement was t
At this point, plaintil
draw. The moos-exult
5 ded.
118A7 Greatorex, the
: . . .

called in by the plaint
was iIICTOMIIa by excite
almost any lautuesit.
101. 10e.
Mr. Hanley, sttorne:
the conttnittoe of manes
and was informed on tb
statement, and gave
should attend at G
statement on the 8
net, did so before Sir
lion of the circwxuttano