The Express.
London, England, 1861-11-26 00:00:00

COURT OF EXCHEQUER.

Sittings at Nisi Prins at Westminster, alter Term.—(Belere
Mr. Baron Martin and a Special Jury.)

This was the first day of the sittings for Westminster
after term. The list contains 65 causes, of which 11 are
warnings. Then an 15 marked u special juries.

WITLIT v. BRADY.-LXTRAORDISiAIa LiBIL CALM

This wee an action for libel, brought by the plaintiff,
Mr. Joseph Bentley, against the defendant, • partner in
the firm of Brady, Son, and Scott, solicitors, of King
William•street, City, chargin him with getting up for hit
own beosfit • society called "The Society for Promoting
National Education." The libels were contained in a eerie.
of letters addressed to 'trims persons, and the first de.
dared on is a sample of the others charged in the different
oonnta of the declaration :
"'JO, King Willlarmstreet, City,
London, Dec. 3, 1858.
"Sir,—There is • named Joseph Bentley going
about lecturing and acting subscriptions for the benefit
of the Society for Promoting National Education. He has
lately lectured at Nottingham, and has advertised your
name as one of the committee of reference.

' " I have been at scale pains to make inquiries and cannot
find that any such society as that shove mentioned exists,
and I think Bentley most be himself the' Society' in qua.
tiou. He occupies a small office in Paternoster-row, and
makes no mention of any office of the society ice the various
notices he publishes. It would appear that tinder
colour of your name and those of other gentlemen this per-
son is getting donations from the public really to put into
his own pocket alone.
" Under the full impression that such is the fact, I Leg
to enclose you a slip, which, if my surmise be correct, 1
shall to obliged by your returning to me signed.-1 am, sir,
your obedient servant, " GEOliqg W. BRADY.
" P.S. Several gentlemen to whom I bane made a similar
application have returned me signed documents similar to
that I now enclose." (The slip in question was a repudia-
tion of all connexion with the society.)
One of the letters charged as libellous was addressed to
William Cox, Esq., and the other to Col. Sykes, M.P.
The defendant pleaded not guilty and a justification.
Mr. Montagu Chambers and Mr. l)owdeswell were
counsel for the plaintiff ; Mr. Hawkins, Mr. Coleridge, and
Mr. Aspland represented the defendant.
Mr. Chambers stated the case for the plaintiff, as sup-
ported by the following evidence :
Mr. George Price, pkintiff's solicitor, proved the defend-
ant's admission of the alleged libels, and that he had stated
he bad sent out upwards of 1,01.1 u lithographed circulars to
the same effect. _ _

Ia his cross-examination he said that the offices of the
society were on the top floor of No. 13. Paternoster-row,
and he bad seen • lady there who acted se secretary.
(Laughter.)
Mr. Joseph Bentley, the 'plaintiff, was then called sad
unedited. He said-1 formerly resided in Manchester. I
was engaged in getting up " Pigott's Directory" from 1832
to 1848. I published a number of works connected with
education and statistics. In 1850 our first Penny
Savings Bank was formed in a chapel I bought
in Vineentaquare. I aided in opening two hundred savings
banks in various parts of the kingdom, going down
and giving lectures at my own expense. 1 was connected
with the National Savings Bank, which was established in
1855, and which I left in 18.56. One of my reasons was
that it was proposed to make italimited company, and after
I left Mr. Brady took the place of solicitor, end is called
clerk of the board. I bad sover.,l applications about
that bank. In 1857 I commenced the undertaking of
the "Society for the Promotion of National Educatiou.'
first had communication with Lord Ashburton, and
afterwards with Lord Ebuty, but the business persons
were Mr. John Dalton, of Hilburn-hill, and Mr. Hey wad.
of Manchester. There was • meeting at Manchester, sod
I conferred with Sir John Pekington and the bishop, who •
advised me to see Lord Granville. I saw Lord Grenville in
March, 1857, and in consequence I prepared petitions to
parliament. It was first intended to be • oompenr.
but iu June, 1857, it was changed into a society.
At that time Lord Ashburton and Lord Elul
were the only persons who found money besides myself.
I roe ived 6/. se. from Lord Ebury, and Lord AsVourton
had given me 20f. io May, 1855, and I carried it
to the account of the object. I employed poems to
obtain subscriptions at • guinea and a half • week,
and at the end of the month the subscriptions amounted to
5/. lees than I had paid out of my own pocket. In August.
1857, a deputation of the society waited on Lord Grant ilk"
In 1858 thesociety'soffkos wereadvertmed iu the"DirmierY
The name was put ou the door in 1857, and his been up
ever since. We had committee and &nutlet meetings of the
society which were duly advertised. Tire accounts were
duly audited. We had a meeting at Exeter )I.X.
in July, 1850, when Mr. Cobden volunteered
attend. Colonel Sykes, and Mr. Paget, P., for
Nottingham, promised to attend. Colonel Sykes csuie.
but did not remain, and as we hail no eleornma, I moot
the adjournment of the meeting. A very dirty unwashol
man was then moved to the chair—(laughter)—and there
was a great uproar created by persona ahem I knew were
paid by Mr. Brady. In oonsequeoce of that meeting
meeting was called at Radler* Hotel, when, on the sugge-
tion of Mr. Sotheron Eatoourt, professional aocountants were
appointed.
Cross•examined by Mr. Hawkins—Do you mean to flow
there was ever any member of the National Education Cow'
patty except yourself ?
Witness— Mr. Heywood and Mr. Dorton had given me as '
assurance that they would join me commercially. to be iD•
vested in books.

Mr. Hawkins—ln books that you had published or woo
then engaged on!
Witness—Yes, partly. It was Sir John I'skingtoe wh°
suggested the name should be clikoged from cotuinOYW
Mr. Hawkins—Who formed the society in June. 14571
Ohs me the Demme.

Watnees—Well, begin with my bumble self.
Mr. Hawkins—Oh, of course. (Laughter.)
Witness—Then there wu Mr. William Cox.
Mr. Hawkins—Who is be?
Witness—Mr. William Cox, of Cox's Hotel, in Jerl33,D.
street.
The witness was subjected to • long and severe co*
examination, which had just concluded when we •ecc
to
Wan.