The Express.
London, England, 1857-11-06 00:00:00

LAW INTELLIGENCE.

THIS DAY.

COURT OF QUEEN'S BENCH.

(Sittings In Ita!ao?.7-Bairnjondlel,. sad Justices

Aeridge, Wightman, acd.Zrle.)

IIARTIN V. 1!0t)80X-AFTIOrf FOR D.6FAMATION.

..
This wee en action for defamation of character, toted at
York before Mr. Baron Wean, in which the jury returned
• verdict for the defendant.
Mr. Edwin James now moved to set sada the verdict
sad for a new trial, on the ground that the verdict was
v...shrtA evidence. The plaintiff was a Wader of the
bar, and formerly baonged to the Irish bar, and for
the year or so had been editor of the Sea newspaper.
The sedan arose out of certain proceedings in Mabee to an
eased= for Beverley. At the last general election •
gentleman named Glover wee a candidate for the borough
and succeeded in obtaining his election. Subsequently •
f petition woe presented against Lie return, and hems meta
the ground of want of qualification. The defendant, •
fieMinya neldiug at Beverley, took • part in election
matters, and was one of Mr. Glover's eupportore at the time
of the election. Mr. Martin, who wee well known to Mr.
Glover was summoned by telegraph to go down to the latter,
and deputed very hastily for the purpose of giving informa-
tion which, perhaps, ho of all others most peculiarly
poneseed in reference to the water in which the inquiry
of the House of Commons turned. Mr. Martin did not on
that occasion melee the beet trestmeat from Mr. Glover's
friends. Ile war ill-need and mauled in a not vergaseable
menthe ; but thin thread no part of the present . He
left the town after the election closed, and on the May
there wee • meeting of Mr. Glover's Wands at Beverley, to
consider what course should be penned in reference to the
petition which had ban presented agaimet his 7011131. At
this meeting Mr. Rodeos, the defendant, made • 'math
containing the alleged defematory words, which. prima
faits imputed felony. Thuile* woe merely not guilty, sad
a denial of the words and tbe were imputed to them
The expressions complained of wore, •• Yon have heard the
editor of the Sun came down to prove the charge. Who le
that individual ? Why, Martin—a person some ma feet bet*
with forbidding countenance, ea who apposes to here
' felon' stamped on hie features."
Lord Campbell—That dose not impute felony.
Mr. Edwin James--Perhaps his lordship would listen le
the contest. The defendant continued," A moss contemptible
person I never ear In my life. I never knew any individual
',homede en objection to Mr. Glover, tempt a man beneath
contempt—Richard Martin—• men who dowry's to be wet
beyond the ass."
Lord Campbell—lt would be left to the jury to may whe-
ther those words imputed that the plaintiff had committed
felony. They found that they did not, and it seems to me
that they might have been fully justified in coming to that

conclusion.
Mr. Jame admitted that the judge, in terms, left the case
to the deckles of the jury, but the way in which he summed
up hardly allowed them to exercise any discretion. Hie
lordship dwelt very strongly on the fact that they did not
know who the defendant was—a matter wholly immaterial
to the nem —and end the motion arose entirely out of • mere
election squabble, wherein the election had terminated long
before the attack was made upon the phiintifffs character. He
I submitted that if the judge had left the cue without the
strong comments he made, the jury would probably have
come to a different conclusion, because unquestionably the
word. did prima frcie convey • charge of felony.
Lard Campbell was of opinion that there was no
retold fur the interference of the court. The sum-
ming up of the lerrned judge appeared to him to be
wholly unezccptiona'.le. lie left it for the jury to say
whether the words imputed felony according to the inuendo
in the melioration. They thought they did not, and he
cionsidenal they toad come to a very reasonable conclueion,
and that no ground had been shown for disturbing their
verdkt.
The rest of the court concurred in the opinion.
Rale refused.