The Express.
London, England, 1868-01-17 00:00:00

COUNT OF COMMON PLEAS•

---- - - -
Bittinp at N isi Prins in Ifiddleset.—(Bef on Mr. Justice
Byles and a Common Jury.)

lIITYAS 9. THOXASON.
The plaintiff in this case was • surgeon in practice at
Hounslow, and the defendant was the proprietor of the
Middiesce Chronicle. The action was to recover damages
for an alleged libel published in the defendant's paper
on the 2nd of November last and the statement com-
plained of was headed "Charge of poaching," and stated
On Saturday last Robert Dennis Christmas, surgion, of
Hounslow, was brought before the Guildford magistrates
on charge of unlawfully trespassing on land in the O.:Va-
pid= of Sir Richard Jefferson on the sth of October. It
thatilr.Christmas had been sum monedin the name
'of "Mrled n, bat he did not wish to take advantage of
that circumstance, and would plead guilty to having shot
• pheasant." In continuation the amount set out the
evidence that Mr. Christmas had alighted from • cart, got
over a hedge, shot a pheasant, and carried it away ; and
concluded by saying that he was fined the full penalty of
40a., and 265. costa. The defendant pleaded not guilty.
Mr. M. Chamben, Q C.. and Mr. Hance appeared for
the plaintiff ; and Mr. Butler Rigby for the defendant.
The plaintiff's case was, that he and the defendant were
formerly on friendly terms, but that this state of things
was put an end to, and ill feeling arose from
• dispute in reference to the sale of • horse.
Immediately the defendant's paper appeared, the plaintiff
printed and circulated a placard directed "To the inhie.
Intents of Hounslow and its vicinity," and it suited :
" A mildew and wicked falsehood having been circulated
through the medium of the Middlesex Chronicle of Nov.
2, I beg emphatically to enure the public that I was
never in Guildford in my life, and I never was accused of
poaching or traipses in any county in Ragland." On the
4th Nov. the plaintiff's solicitor wrote, threatening pro-
ceedinga, and the answer was that the paragraph
originally appeared in the County Chronicle. It
turned out on investigation that the account bad
been "cut" from that paper, but in the County
Chronide the heading was not " Charge of peed'.
tug," but " Peculiar trespass ease:" that defendant
was not said to be a" surgeon," but that " he described
himself as a gentleman residing at Hounslow ;" and
instead of say that be was " brought before," it
simply said that he was " summoned." The plaintiff's
counsel submitted that these alterations, and also some
oral expressions used, showed the animus with which
Mr. Thomason was actuated, and that a paragraph
inserted when proceedings were threatened showed the same
thing. He added that when the proprietor of the Coo of y
Chronicle was written to he apologised for the libel in the
most handsome way, and said " it appears that the guilty
person most maliciously personated Mr. Christmas."
In the oourse of the we it appeared that the real name
of the person who was tried for poaching was Hewitt, that
at first he gave the name of Finnan, afterwards that of
Christmas; and it was also stated that the defendant
himself was blind, and that his own son made the alte-
ration in the paragraph, and that lie haul done so with.
out being actuated by any improper motives.
His lordship directed the jury that if that account were
a fair, correct, and honest report of the proceedings of a
court of justice, it would be privileged, and the defendant
would be entitled to their verdict.
The jury found for the plaintiff—damages, 501.

COURT OF PROBATE AID DIVORCE.
(Before the Judge Ordinary.)
TEATUAN r. ITATILLN.
Mr. Price, Q.C., and Mr. A. S. Rill for the peti-
tioner ; the defendant in person.
The respondent's case was still proceeding when we went
to press.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holroyd.)
IN RE PITO, BETTS, AND CRAMPToIf—TRANSFER OP
CEEDINUS TO ANOTHER COUMIrk,,IONNIC.
The bankrupts in this case are the well-known contrac-
tors of Great George-street, Westminster. The adjuili-a-
tion was made on the 3rd July last, and the case was then
allotted to Mr. Commissioner Bolroyd, in whose court
the proceedings have since been conducted ; but on the
fith net. an order was made, upon the application of Mr.
Linklater, solicitor for the London, Chatham, and Dover
11 Railway, end with the consent of Mr. Maynard, solicitor
to the assignees, and of Mr. Lawrence, solicitor for the
bankrupts, whereby the petition and the proceedings
thereunder were transferred to the court of
Mr. Commissioner Winslow; and it was also
ordered that the proceedings thereunder should
be prosecuted before Mr. Commissioner Winslow ;
also that Mr. Edwards, the present official assignee, should
be removed from such assigneeship, if the Lord Chancellor
should think fit. This order was signed by the two commis-
sioners, and countersigned by the whinier' above named.
In pursuance thereof, though the sitting was held to-day
before Mr. Commissioner Holroyd, it was understood that
the proceedings would be merely formal.
At the last sitting on the Oth of October proofs to the
amount of 2,0001. were made against the estate of Pero,
Bette, and Crompton ; shout 50,00 W. against the estate of
Peto and Betts, and 10,000/. against the separate estate of
Mr. Crampton. Ou the 27th of November affidavits were
made by the creditors' assignees to the effect that nothing
bad been received or paid ; but the report of the official
assignee shows that on the 25th of November there was a
balance in the bank to the credit of the estate of Pete,
Bette, and Crampton of 2,7741. ; the estate of Fete and
Betts of 85,668 f. ; of Sir S. M. Pete, Bart., 5,765/. ; and of
Mr. 8ett5,14,2351.
The bankrupts were all present but did not appear in
the box on their names being called.
On the Commissioner taking his seat
Mr. Maynard, who represented the assigncei, stated
that the bankrupts were prepared with their accounts;
but as they were of a voluminous nature, and bad only
been filed that morning, the assignees would require
some time to examine them ; and be proposed an adjourn•
ment of six weeks for that purpose.
Mr. Linklater—Take a couple of months at least.
Mr. Bishop (of the firm of Coleman the
manager of the estate, said that two months would be

better.
Mr. I.awranee alio thought so. He did not think any.
thing would be gained by a abort adjournment. All the
bankrupte would willingly accede to the longer adjourn.

meat.
Mr. Linklater said the accounts were, of mime, volu-
minous, and the figures were something more. He repre-
sented the London, Chatham, and Dover, who had tendered
a claim against the estate for upwards of 6,000,00(4, but
ho thought it best to refrain from inquiry until the so•
counts were filed. This being done they would at
once proceed with the points in differencebetween the com-
pany and the bankrupts ; and it was exceedingly
important
that the claim of the company should be disposed of before
the bankrupts passed their examination. The figure',
though large, were the result of few items ; for instance,
the railway company were empowered to issue shares.
The Commissioner—I think it would be better not to go
into that. In consequence of the order which hu been
made for transferring the proceedings to another court, it
is better that I should hear nothing.
Mr. Lawrence—We are only here on the question of ad.

journment.
Mr. Linklater—l will not say another word.
His Honour said there was no necessity for the parties
to be kept there ; it would be better to take an ad)ournment
at once. An order bad been made by his brother Winslow
and himself transferring theprosecution of this bankruptcy
to Mr. Window's court. That order had been made on the
application of Mr. Linklater, as solicitor for the London,
Chatham, and Dover Railway, and concurred in by ilr•
Maynard for the assignees, and Mr. Lawrence for the
bankrupts ; and there was a further order that Mr. Ed"
wards should be removed from the official amigneeshiP,
the Lord Chancellor thought fit. The commissioners
themselves had no power to remove the aide'
assignee ; but the Lord Chancellor had power to
do it on their recommendation ; that recommendation dad
been made ; and the Lord Chancellor had made the order,
but it bad not yet come down to the court.
Mr. Linklater—l know that the order has been made.
His Honour said that under those circumstances it ass
better that he should hear nothing of the ease. Of comes
he bad no interest in the awe whatever. If he halt
is
would be rather in favour of Mr. Linklater's clients. Bu
it was a first principle in the administrational justice that
no judicial officer should take part in any owe where his
interest was involved ; and he (the Commissioner) was
disposed to sot on the same principle in a
ease where his interests might be merely our
posed to be involved. He was very glad that the cam
had now geselelare a tribunal where there could be as
doubt it would be dealt with with perfect impartiality.
Mr. Lawrence said that Mr. Bishop bed Prepared •
statement of the differences between the bankrupts and
the railway menpany. which showed that. instead of t
! darn of the latter being air millimmt there was $
balsams at 210,0001. the other wet'.
lir. /anklet*: picomeal against emy further statement
being made on this subject.
he had omitted to state that
i Oemonimioser said

rawards who was not present) was also a consent-
I,,,rty to his removal by the Lord Chiumallor, and was
as glad as himself to be relieved from position in
ch his interests might be supposed
to be Involved.
31, Linklater said that the transfer of the promeilinp
r 0,11,1 necessitate the removal of the oftlitial snsignee.
Cbidley said he appeared for a creditor for 30,00 M.,
Le presumed his claim would not now be gone into.
His Honour said he should not take any proofs.
Mr. Maynard said it would be better to fix a day for
the disputed proofs.
tic sitting for examination was then adjourned to the
, of March.
T a accounts. which were only brought into court just as
commenced, are extremely voluminous, cam-
r Mar these of the two joint estates, and also of the three
,te estates. The following are the principal ones as
Lay amotu3t is concerned.
uIIELT clause OF t:TO, B
JULYETTS, AND CRAMPTON, gut
,1867.

Pr.
rt• 1.t..r- tut. cured
.ttor4 A-1.`1,14 security
m,.mot of the London. Chatham
ittlitway omtlipany, for laansigainst
.r. Tel) awl ilk cUritiel belonging to th.
• ... • . ..... .• • . ,t 1,400,000 0 0

. L 156,254 14 2
491,812 6 4

5.,328,047 3 6

cr..
1.: , Ith bander.l to the official audgnee
.h htor g.... 1
. •tat....1..w.tin,l , 81,824 4 7
I
I.t..jnoitors 181,&31 12 0
t , ..,,,,,lint One Jr hi the London, Chatham, sad
I h., t'r 1:0116.3). 1 .41:14111y
I % property ot !NAL• mei hetts, beld by areditces
o Pet", Iktt4, wol, r.ouptou
.- .. -

L 765,213217
E all ix: 417 S!1: S. N. PET°, AND L L SNIT ,
%1 Or JU15,11957.

L 956,054 7 II 1
MAW 14 S
£281,613 6 7

Dit
7 • rn•lltorA un,,, urea
1 h..1.1.11e ri ty
1 . ro
(.., o.out Ctalnani,
r Cumpaly 61,000 0 0

L 333,613 6 7
on 4.6,0 OtareA of £'O each In im-
Merr.ntile Asso.iittlon. AIDOWIt
L.Su I,r 3hart

£784,212 19 0