The Express.
London, England, 1850-05-07 00:00:00

10 T•B 1 14101 OF TIII ■IIft.YIYII

Ertl—PoreeMeg that the Metric Telegraph Company hive ad-
dressed re as the subject of their late interruption to the tranthin-
ion of OW dvegattbre he your paper, may ws beg the favour of your
inserting the following statement :
Ms matter is one in which not only onnelres bat the press of
Gnat Brit:in and the public generally aro deeply inthrestol.
I. It behoves the e.untry to know if this company manage their
affairs u they are bound to du by an net of parliament, and
3. Whether the whole is rot a monopoly.
3. Isrounnam the moat glaring.

4. hlundera, the most m.mstroue and unpardonable.
5. Delays, the at et moustroto mai unpardonaMe.
6. And charger the most exorbitant ever heard of ha thla or any

On each of these points we hope to establish a case which the
most sceptical cannot deny.
7. Commencing first with Mr. Yourdrinier's letter. Our reporter,
who took the unwise in question to the TelegrupMoMee in Lim-
pet, has at our request, drawn out a statement of the red hate
B p
H.
I entered the Telegraph.ofilee with your defy Digest
and ready tur troombwico, about midnight. I there the ear.
tespondent of to Tones mod a clerk, Kr. haws. The hitter told
fee that I end not be in any lon% se the when toortrjeot this eat of
order. At the that the eerreopoodest et the neer bed set re.
abed his Mee of papers from the suramer. 1 lastantly lorded is
the memos 1 had brought from her. The amessede was thendur• in
the Isdats of, and c Anted by the dark before the terreopeedeet et
the rums had any materials to tab tap his oaniege. It
would Dot hare occupied none than is Lantos Is irmemisien.
Mr. Franey, the Merit, said It meta be sent in M. Thus yen will
see Mr. fourinnieee mamma is not bwee set by the bats.
Perhaps It say be inn to add that Is biting the cake Umpired
Time the amovege could be feWeirdid. I was told by another Medi,
who had just then entered the alien that the correspondent of the
Tina had prepared as iiitradection Mame four or Ave limn Wire
he received his rowel from the steamer, which were th-n going as,
but that alter that I was the grit la, and my raceme should be
we. This you wii observe is an Wmirs.ica that the wore which I
took to the telegraph Aloe had, according to the esenpuni's mob.
bons, the priority, and should have been, were there no I.VOUtialik
Nut is to Landon wi hou the least delay, On my return to Chard.
street I overtook two of our jun or elerLs, and suspecting, from pre.
Mena experiesce, that tool pLiy might be practised, I sent one of
them beck with Met:unions to remain them until be was intormed
that the memo which I had left Sas in London, and is no account
to allow say other pasty to get promesion of the *Wee before on se we
were first im—C. .1. Koas."
_ _ .

-Tkie-cieriTeo leftremained at the Telegraph-cake until dime one
Arch, whim he was Informed the merge bad not thee coniemowd,
bet that he transraissio• would be guareared beim beff.pest tee,
telly two hours Red a half after it was hands/ M. Oe haring this,
Mr. Wrier west to the Telegesph-eldee taking N?. dor wilh
his. Mr. Milliner demanded why the nudge wee not seat, nod
erpd Ps imam tran-rais.ior, but was mid it mad not go mall what
wea then on the wire (a divenh for the cowry's anwnroons at
Manchestet) bad been completed. He remonstrant in very straw
with Mr. Areal, crib
l, the bto charge, spirt the injustice
=us thee Jeremiad by the outrageous attempt which had teen
non to Were kla Ira in their badmen as eortrespoodents for the
Ueda prem. Mr. Atwell repliel that as the Tines pad • large sum
ftr their Wringer's, they were to have the preindemee ; that when
in Them a, be bad received an order ham the sompiny's case in
JAM= meta effmt, 'ad that It never wea cowered. Mr. Ross than
Wed Mr. Amer' areakr to the Slat section of the act constituting
nod formleg the Marie Telegraph Gangway, which attache, a en
givolistrt. 4IS the esevialos of my Giese who Mall wilfully at
4142 I tin maiir2 or *MI wbreby the tranmairim or
at soy mime or Opal shall wit take place, or shall be
or prevented, or Mall wilfully se aegtigeotly emit tone or
perMret eny set, matter, or them ream whereof any message or
signal shall net he transmitted or delivered, at shill be delayed to Its
dammirke or delivery. On swift tin nalloo. Yr. dwell
matted that that lo point of law ha bad no right le delay oar manage, but
teak his lama ea the authority of the cangeme orders, rem Aft
that he would ammo their lasermism tegaidireot the provirions
a there. Mr. Willow waited at the Thiegraphrite until he seser-
lobed the merge was in Lanese. It was thee half.paat two. Had
he met tamined, the pealed* r that the sewage might have been
herbed; m all matte kept lath math It was tee late to answer
be. mom he whisk it ems sea. Mr. Toetirialees remark n
lip thememege Ming in Imam in time for the not edition sJett
km nothing to do with the Marge of wilful delay,
:7712 Mil6"st • puny effort to barer up an illegal act. The bre-
Wi4slag tip to.* of this ere, we refrain from commenting as the
yof such eseduct. Its decided illegality, and the great
Inconvenieme which the public must rafter if such a system be any
longer tasseled, ace so plate, that they nigger ehemeame even to
uotlunking miode.
Anallble ONS. Isfaxims no ram premed to nodes. On
P2Oth Mai ket:Cill
_rem ship limps servo/ here, bringing
President Weise% Mendosi sierra Welds menage, motaining
dist document, heeded We the likgraphriles the Meant our de-
seetche. w.' lessiftd. It was is
sal_ moseeded with by the
dark dr lestament." when sheet half my through the men
mgr, 1110011•14•1111 dem the lambs Miele asp Wiliam's me.
aye, end seed Mr. flab (theme the Ti..). This
ems dam dam maned* iditelly Mgt lath be. 1111 M tots minotes.
We see empire" to move this delay, art eel: boor am reporter,
bet &hotly nine of the Clempseris ewes, who hole dire left the
orris*
aide to besmearsre digsel,est.
impe To sett at s
mall that
ml be
the Livespesiseatier this. etab re the
which we howereesteed ken Mr. Opaiding, tale deft in shale
Liverpool. OM Ift, ISM—Gmlfteneo„—ln redrew to inquiry
mopes:tine the &kyle the tremmiegion by the 121setrie Telegraph
Companyayeer 6mm/rye dr ressidea's Meame on the ilst of
Marsh lam Ibis le rude dint awing the tremonisaion from Livergeoi
to Loodona ,minced soma MMINSWIS hem London, ordering me to
step yourmsrye. mil mod Ni. BM% onnors. if ready. I
Irma the ark be lambs that Mr. am wen thee he the Liver.
ppremt Odor, when se enter hmessikeely arm dem Los-
as triallost : •
amp WfUlmor end ifteith's sod and out
Itinsfei' aria me dom. I swage further stale thal Pew Mame
donut WI Imelgelient at the rase berm lest demesne la-
=:e.rvbYaistri" from dins fflothenellos your

S ..12141=10. "Juno firanom.
Noma Mime art
amid awns that lon M which occupied about
abstifo lot libos to W akar of the er= Herald, we pad
the ph Weary drat 114 were, Nitwit&
cpgag ruwa of the war he more than half ea hew to
eat* ac monopolising spirit of the iwianey. Ms. you will see, le
another aolatana of the 514 arette• of the eashaft gated ; nay.
pimp to alum es la ow hegaime, ad an east
to ameba the ragas of to
we are the eresigeomierste, ot
the awls sant germ psred ail pease, the eta by a Iseoured
paper. It woad he tnteredilir to Yam who awe theater to atop
oar image es Ude maim e Oak not bet Mr. Rep any M.
As be le toed of affirdieg the pubite all lanforteat ram be isay,
doubt, apply the rauired leformation. We repainted the ease te
the comeemy, and, diet the heard lr.d colpidered the mettre, we re.
egad a letter from the seeretary. eating that the peiggep regyarpg
the saaoyence to wash we had- been abysm& yeanhed thet a
repetition shoal not again ocar, ore arrangements had hien made
whereby AI manager woad be transmitted I. the order la whisk
they were ranched. For a time this regulation was pitliolly rated
upon, but It wee only fee the purpose of weeding et am setter at law
and public apteme, which we then threatened.
9. The third care a delay la the triamalegon ef ear manna tO
which we shell Glade Is one so singularly mortnini and anemia-
able that sli loyal sea Will deprecate sad deepiee. Tao, eves he
abater who hoar • large stake in the company, meg tea ashamed
of the bear conduct of his Piker. 4a Satordar, the 7M b Of Jane
tat, a a...ego nest to tie from our Lando.. °l6e•, seldiV:ll4.ll 11
attempt had bees mote to ammisia the (lure,,, mean'
at eneatrea agitates pet I, p is, :sat was not delleteed rne
half-pet 7. is the lonowisibtWaNy. The fame kr
pastelftre on Wade, wee. that oar olio am ehred. •
‘deree, however, mr. Weber was petal ea ell die
do," mutat the ONSIONOW could have as. IZ ogsgarir_.
he had more thee ore Man le high ft. relwwdr• m!.
itmities private caidenele. Mee sense of a • •81,010 SO% ml•o•
Lee, paltry, amt. re le the pearlier mew, Oars the am pa
saes al roarde taeteateloor foonotah!ator k o =nary, • ads.

slam. sad aiiony asolaollod la Um swab of 1000001..
10. Om tbo 1710 of Jai, be per boa yr pipe; Wiff leriyara:
Woes ewe from the nos* of Woof bin ballie Zs lir
limb Ile Wile waft pis again weds vb.l7 Mem&

ing dreelpho, nil pow ed to be wary entree; but that MR is
pre twaresterel to the ere at port. Upon ukirad t to the lbw
trio diespapsodka the rots es id oho mhos were aorred so Irk
own sessoure kis • istiss the ones awe he as they spend r law
ward it et owe to the MerniNf HOWd Park dower, an the mak.
dos that they right attemowee re it theardeer. TAM inorperre,
to ink Yak we mewed o: the oendlderr. borewew ware kink
paha hp the „ her the istehrorme or int min Ism to
ovum% Marwl to to, amp
Na
Choy, In Deter=est. Bter
Aka owe wendwendat the Months. or
it hid he ohm ft Om at laridad at • reareoppet opewilbsat
rweitatiird OIL
11. Pre de wrest was Oren upon M. Smith O'Brien%
‘ll 48,01".11.1.21.11ww 1/INpeil morrager her
end lqgh nal asterd mar Crowe, whore
teddli the tor.
psy have • ow Ore* hormrsol by have the pace
edidephol 111 Tr lata, and wo WWI shalom' to est it
ha dr der odds= al Sr ppm The hemp bad to Is trans.
.111.4 dor. liewarahr ; end when stout bolt Irked, the re-
'wig W werlsoil to her en eider her the celle. Stop lc and
rarree► erd mg the sorpres owe." nib Worm., by his
rwarnarreole, he paroalk being dere ; lost w• ford
:I;atelatZirlatet tha COMPOF. 111101.111 i OK ton thwarted by our
pork activity, bed deism* the isthery of the seserge to err
seek la laies until they had dedverwl their own restos of tho
news to the whole W ramp: wen, sod who had speedo py
these for it.
We have sow noticed a in et the many INNS in which this WM.
IMF haw either
IL Wilfully impeded the treasmiwkw of our .ramps to the
11p 3.
on prow
13. Or else attempted to hard? Utah effleleney by • &ley la their
delivery.
it would be ara, to multiply thin to a hash pork what; is
feet. wore wo be srl. Y drat ad the sow of timpleht with re
bap holl mist the w•whalf of yen denbleolhered pine weed
nut Sri then. Thew now gran we we amp" War fee the
I and Audi lbrees. Proriskirr and Sop. or thsh earese,
heir. ire,tit sr fled In rep* then Pk *ld
other retrera dekko( as pep& the
14. likteratall= et the LAWN, Ma&
Nth le nit fly of dr bhp d the hirmialen and delivery of
Of mow kr we sapplit ; w hew rho bar saktealed to en-
ters. ilealimis meld koureadento Ohs laesli strosir in
width dry he hen tatautensod bola ziansr
11. Inept he pester Hal Iwo bum milk ark left ant IN
as to mho ho sew are to tines where dye Pe
been adopted khan whoa teardrad. hod es Sh
tired selerlizbe drt
bell= timer yen Ilk la mak.
of retePponendierr laity= honk bees sr nalrodakt km,
ram l• have Om Iva, nod amothaso ak rteldre. Kra no Ye
than het we resdeoil • areerpefror Inohn. Is Pia
. in room hod down be burl;enbedneed
the areoperee, dor todeelp altering the mare of
ged
theassergie ra
lei. he theird=rastprillettp reeks; astwithatandieg they
char
We rest act sat to site deg pellemor waled to the Death
Telegraph *many as Ad r sermaleate klalhiposs
11.. At wham rides, and

irelbreese—to say party.
The pressed pries hens Limped la Lodes is WO Sixpense per
word. It is ripened hist be sem poen tkeY charge Is. Ow 'earl
idea words, saws in per Nem end 'thin Gd. pee Una. To the
Gisepeer !Mk Mail they esqpily awe des a column at news per
day be lOW. a yaw. The lame Alrithil Daft NA Re the same
bitelligeive, WU. a year. The ii neemeseee i eeplsd with sU
intelligence for SSW. per romm, ellist the Limped Inehnewe do
sot ewe wore thin halt she temodinitsea Ile Maw papers
eltsThe onfliVagpsy
Just made wit Word you, dr. wed the
tendon press, a Owe hie the media et this (tisane ohne et
monopoly.
IL They will meninsi yea Set pea as. hew DO enmity tad pear
interest will be deemild and dish nehritheleading the stases weMb-
felines, activity, eat red of esearal arrumwdenes theeighent
the world, you weadd be liat<rd sheuld the eansyray base a peas or
their own to play.
19. They will satiety that ramoes the soh eimmersi, and
each es mesons in the title of gentles= should detest
sod abhor, Mee teen resorted be. be order that the Teiegesph Com-
paq may enjoy en Wield usaapelp, sad keep the publics end tie
prey et their merry, so far rMe pronalptka of ail late sad les-
portant news Is concerned.
We are, gir, yams napeetkally.
Wittman sire Same.

The above letter was a statement of the treatment
which they had received at the hands of the company. In
seeking for this criminal information, the company bad
denied in their affidavits the charges imputed to them,which
rendered it necosasry that Willmer and Smith should justify
themselves, which they had done by their affidavits, to which
he would presently refer. He would sati-fy the court by
them affidavits that from beginning to end the letter and the
charges contained is it were perfectly tree. It was impor-
tant that hi should here at once call attention to the
motives which had actuated the company in their treatment
of the defendants—as they would furnish a clue to the true
character et their transactions with them, and show that
conduct, which in other circumstances might be attributed
to inadvertence or error, was, in this instance, wilful and
deliberate. Willmer and Smith, who had used the wires
from the establishment of the telegraph for the purposes of
their avocation, applied in 1843 to John Lewis Ricardo
the chairman of the company, for a lease of one of the
wine, for which they offered to pay 1,0001. annually and to
give the company besides half the profits of the wire. Mr.
Ricardo offend them the proposed use of the wire for 1,3001.
and belt the profits. To this they agreed, provided the com-
pany would comply with certain conditions, which Mr.
Ricardo declined to do demanding an absolute payment of
1,3001., which caused the negotiation to be broken off. Im-
mediately thereupon, it woull appear by the ail bevies,
that Mr. Ricardo had said that Willmer and
Smith should be deprived of the oormpoodence
and agencies which they then enjoyed. lie would
show that that which was thus threatened on the
rapture of the negotiation was not a mire hasty and un-
meaning menace, but • threat which was afterwards camd
oat, and that the company bad availed itself of its baying
his. so carried out, by securing to tnemselion the agencies
from which the defendants had been distil iced. Before this
the defendants had no teason to complain of the conduct of
the company towards them. Through their agent in London
they had been in the habit of regularly transmitting
M Landon newspapers the intelligence noeived by the
American packets, and of receiving the London news for
transmission to America for publication there. But imme
diately alter the negotiations fa question had been broken
off, delays innumersb:e took pins in the transmission of
their inteiligence backwards and forwards, delays which he
would satisfy the court were not accidental or unavoidable,
but wilful oa the part of the company. He would
tint read the affidavit of one Malley, who wee in
the service of the defendant., and who had, before
the rupture of the negotiation, teen allowed to
attend in the instrument room of the Company,
en as to get the intelligence direct from the instrument
itself. On the 14th October, 1848, Mussy war, as
usual, in the instrument room, when a message was being
delivered, by being repeated by • boy to • clerk, whose twi-
ner it was to commit them to writing. It ran thus : "Don't
post the menage in the room this morning till alter the sail-
ing of the steamer, so that Willmer and Smith—" Here
the boy, observing Massey in the room. suddenly stepped;
and Mussy obierved that there were bat a few more
words contained in the menage, which was com-
municated in writing, so that be was not aware
what they really were. This was confirmed by
other affidavits. One sworn to by a party of the name of
Bays, la the service of the company, admitted that the de-
ponent had rapped the rusaage. Another of the name of
Spalding, who was also in the company's service, swore that
he was in the office when orders came to the elerk command-
ing him to delay the message until the steamer sailed. An-
noyed at what he had heard, Mr. Willmer, on the 16th Oct.,
wrote to the company complaining of the irregularities which
had occurred, and demanding an explanatin. He received
a reply to the effect that the delay which might have
happened had teen occasioned by the quantity of mutter on
hand having precedence over the de •patches of the defend.
ants. Mr. Willmer afterwards wrote, stating that this reply
was not satisfactory. To this he received in reply • note in
these words from one of the officers of the company " I am
instructed to say, in reply to your letter just received, that
the matter of your complaint is under the investigation of
the directors.' Now in this part of the cue there was
obvious proof of an intention on the pert of the company to
obstruct the Upham; of the defendants. There was no denial
given at any time by the directors in this correspondence to
the charges preferred by the defendants. The learned
counsel thin approached that part of the ease, which em-
braced the delays which had taken place in the transmission
of Intelligence from Liverpool to London. On the 11th
November Mr. Robinson swears that several menages
were given which were not properly delivered. The de-
b ndants bad entered into arrangemen".• to supply an evening
paper with news of the Liverpool cattle market ; but many
manages containing such news were not delivered until se-
veral hours after the company had received them, and
when they were too late for publication, and became
thereby entirely useless. On the 20th of August, the
16th September, and the 7th and Bth of October, ntemagee
were also to greatly delayed as to be rendered entirely useless.
The message respuring the attempt made on the Queen's
NIS was sent down by their London agent to the defendants
an Ss day evening. It appeared that ft was the practice
oldie company to deliver messages, nog may et the places
elbesiment of those to whom they were addressed, but also
satiable private residences, when their place of business were
not aseessible. On Willmer and Smith's office the private
miasma of the parties was indicated in legible
' obaramers—the reddest)* of one of them not being
more than live minutes walk from their nate,.
Bat the me sage was not delivered to either of them till
Monday morning, fully 34 hours after it had been received
by the clerks of the company. These delays
were not, it seemed, confined to the defendants.
Mr. Ricardo and Mr. Cook, both directors of the com-
pany, swore that massages were never unnecessarily delayed,
but that they were always forwarded with all pea... Pale dis-
patch, but, to show that this was not the case, the learned
counsel referred to several affidavit', and, amongst others,
to that of one Arland, who had been in the service of the
company, and who swore to what opposes& to
him to be instances of unneemeary delay whilst
he was in this service of the company. It was
also ewers that • message for the 2'lmes had been
delayed, or sent Is an incomplete form, in order that the
company might transmit intelligence on their own amount ;
trona the transmission of which they would derive greater
profit. Mr. Aepinall, a stockbroker, also swore to a delay
which had taken plate in the transmission of a menage of
hie on the 27th July, 1848. Olen occurred in the month of
May, and in all there were ne lets thsa 46 blunders con-
firmed by affidavit in 30 menage... The imaged cauneel I
then went on to show that Mr. Iticardo's threat to deprive
the defendants of their correspoadescu and agencies bad been
carried into execution. He had already stated that they were
la the habit, in consideration of an annual payment, of
supplying with iatelligeom the Liverpool and Manchester
news rooms. The committees of these rooms had complained
of repeated delays. It appeared that Mr. Cocks, the super-
intendent of the telegraph at Manchester, had endeavoured
to prevail upon the committee, to dismissWillmer and Smith,
sad take their intelligence direct from the company at an
manual sum to be agreed upon. The committee, had pre-
viously requested from Willmer and Smith an esolanivion of
the blunders, deleys, and emissions, which' had oc-
curred. Mr. Smith bad attended and explained
them by detailing the unfair treatment experienced
by himself and partner at the hands of the company.
The learned counsel then priceeded to detail the
ewe, in which, in defiance of the act of parliament,
peefennee and favouritism had ban shown to certain
parties by the company. apaldbas swum that Its had

en ems °cession, been ordered to wittiold the saw
sage ee Winner and Smith, until the message transmitted
by the anspany had been posted up in the company's Imre
ream. Cocks had been heard to see that they must prevent
Wilbur and Smith from getting before the company. One
Item is the employment of Widmer and Smith, bad applied
to become a subset iber to the news room of the company, but
he woe refused by Cocks as the express ground that he was
in their moat. The *Weft evidently was to throw
every la the way of Weiner and Ihadth, sad it
was he this eldest that a diderenes was eatabliehed
between them and the Mbar see/imam re
la Limped as regards the spentismi el the company.
It she mewed that, ia Misses of the eat el parliament,
earresgmesst had hue catered Into with the Timm, by
whisk It Wee agreed thee that paper was to have • priority
with the telegraph over all others. This was etsairmed by
affidavits which the learned cows' reed. Oa ace mod=
whin Rye sailed with • message from WiUmer and Smith, he
bead that that meseege was to be peetpeaed to mmequesos
of this arreariemrat He remosstrated, but was told by the
clerk that the Time. waa entitled to this priority, lassmuili
se it had intend into • yearly contract. Ross showed hies
the section of the set imposing pitiable' for preference, but he
replied that he would sWd by the order of the company,
moraine of the sot of parliament. The course prescribed
by the est wee, that the parties who came first should be first
menet It wee the practice, in order to ascertain the
&ergo te be made, to roust the number of words in the
sesesese transmitting it, but to expedite tise m
of the news, an errasiginsiest had been made to soisine:
speeds, sot then, bat after the arrival of the message. The
mmerquence was, that the rule prescribed by the act might at
say time have beta rendered nugatory, for whirr the words
of the sewage first brought were being counted, •
message of the Timm, subsequently brought, might be
transmitted before it. When the President's inaugural
menage was expected from America, persons in
the employment of Willnier and Smith and of
the Times, struggled for the priority. Rose, on the part of
Willmer and Smith, was at the Telegraph-cilia at an early
hoar, and had sawed the wires for the transmission of a
wrap by cipher. Whilst this was being due the agent
Odle Ti.... arrived, and insisted that the clerk should
desist from sending William and Smith's message, and give
his the priority. He was aware that it would be urged
that the me age which was being cwt by Willraer sad
Smith was a sham message, and merely seat
to keep the wins engaged for them until they
were ready to seed a real menage. But this did
not make against them, inasmuch as such practices
were frequently resortiii to. Besides, before this
message in cipher was completed, Mn, Willaser himself
had arrived with the real message and the clerk was pro-
ceeding to transmit it when the Times agent again insisted
on his priority acceding to the agreement. In the mesa
time a meow came down from London, ordering that the
Tine, message should have the priority. Willmar
and Smith's meow was thereupon stopped,
and the Tim, message forwarded. The send-
ing of the sham manage, in this instance,
had been treated as unfair or improper by the com-
pany itself. Having referred to other cases, the learned coup sel
said he bad shown that they had been repeatedly guilty of vio-
lation of the act of parliament; that they had been guilty of
preferences contrary to the intention of the act; that they
had obstructed the deteadants in their business; that they
had committed gren blunders, and been guilty of unwar.
notable delays; and that the, had been exorbitant in their
charges. Having shown this, it was evident that they
had plated themselves in a poaition which justified
the complaints preferred against them by the de-
fendants. Every one of the charges made against them was
founded on tact., end he could not but come to the concha.
sion that, on the whole, this was a cues in wtich their
lordships would not feel themselves justified in interfering.
Mr. Peacock, who was on the same side, was proceed-
ing to address the court, when he was stopped by Lird
Campb.ll, who called upon the Attorney-Oeneral, who
supported the rale, to reply to the argument of Sir F.
Thesiger.
The Attorney-General observed that when he had ex-

plained the facia on the other aide, all doubt as to the prc-
pristy, if not the necessity, of making the rule absolute
would disappear. iie appeared on behalf of the directors of
the company, who were directly assailed in the libel cons.
plained of, and not on behalf of the company. The libel
contained five charges. Each of them was distinctly and
positively contradicted, whilst none of them had been suit-
stantiated by the counter affidavits, unless the court should
place implicit reliance in the statements of Acland, a dis-
charged servant of the company. The defendant., instead
of making good the charges contained in the libel, indulged
In other vague charges. which the applicants had not had the
opportunity of properly meeting. This was not the proper
way in which to answer an application like the pr, sent. The
fourth was the principal charge contained in the libel. That
charge was that which referred to the fictitious news from
Ireland—in other words, the hoer played, as tar, themselves
my, upon the defendants on the 27th July, 1848. The charge
soneeded with this fictitious intelligence was, that it was
het seat by the company to Ceptil•court ; that it was then
taken to Sir G. Grey, and that lastly it was taken to
tbe Morning Herold—whereas the bargain with the company
•

was that they might port it up in their news room stmi
teneously with delivering it to the Herald, in consideratiou
of their transmitting it free of charge. It was a serious
charge to make that the news in question was first ma le
known in Caul-coact. Nobody could read that charge
without coming to the concluunt ttat the directors had
made use of the telegraph for improper purposes. Nor was
the insinuation amply that they used the n-ws In
Capel.court, but that they also manufactured it.
This increased the gravity of the charge. In sup-
port of this i • lion the circumstance was relied
upon that, for some time previous, the wires were in a state
of preparation, but in the then state of Ireland there was
nothing ernordinary in this. There could be no d..ubt but
that the news bad been most improperly concocted by some-
body, for meet improper purposes. Roes, who was in the
employment of Willmar and Smith, bad brought
the news I. the telegraph offs. lie slid that
he got it from somebody, but took care not to
say from whom. There was some ground for looking
in that quarter for the authorship of the news. The story
might have been one concocted with the cognisance of car-
thin parties in London, in which case It would not excite
surprise that it might have been talked of on the Stock
Exihange before it was conveyed by Mr. Ricardo to Sir G.
Grey. The learned Attorney-General then went on to ex-
plain the circumstances which bed transpired on the news
reachiag London. On its reaching Lothbury, Mr. Cooks
sent it sealed to Mr. Ricardo, instead of sending it into the
room into which such messages were usually sent. Thi.,
under the circumstances, was a meat prowr course to
take. Yr. Ricardo then took it to Sir G. Grey, telling him
that the conditions of the agreement made were such that he
could only withhold the publication of it for three quarters
of an hour, during which the secretary might have the
opportunity of making what preparations he might think
proper. Mr. Ricardo swore that, according to the terms of
tYe bargain, the message was sent to the papers at 11 o'clock
end that it was also, by the terms of the agree
meet, posted 'in the general news room of the cos-
about
ortirho". .T,ht:emooemtptatey
hadeg allegation
withheld
ptil the
_y, had used it in Capel-court and in their own nein-
nem. But the sting of the charge was that it was area
made known in Capita:curt. It wee alleged that they were
list to send it to the //mid and then to use it in their news
nom. This was met by the counter allegation that they
were to use it contemporaneously, with the delivery of it to
the Herald, and that before using it or delivering it, they
had taken it to the Secretary of State. The director posi-
tively denied that they made any use of the intelligence
in Lapel-court. It was kept a secret from every
one until it had been taken to Sir George Grey,
and afterwards posted no in the newsroom. Riley arid
Beckwith, who were Doti in the intelligence department,
stated that they knew nothing about it, the news having
reached that department. Mr. Bright, who carried it
to Sir G. Grey, knew nothing about it. Iwo persons, named
Bannister end Evans, heard, between sine and ten o'clock,
that some extraordinary news had come from Ireland. Be-
ing a boss, it was probable that some parties here were ex•
petting it, and it we. natural that they should endeavour to
produce an impression that something important was anti
eipated.P3right, although he knew not what the menage was,
was net ordered to keep it a secret that some important news
had come from Ireland. It was no wonder, then, that it
should have been a matter of rumour and talk about that
hens*.

Lord Campbell—Does not one of the affidavits state that I
the news, which afterwards turned oat to be a hoer, was then
spoken of about the news room and the Stock.Esehange ?
The Attorney-General thought that this was not so. The
only affidavit that appeared to go that length which had
been read on the other side was that of • party of the
name °Mums, a part of which the learned Attorney-
General now read, to show that his lordship's impression wee
erroneous.
Loud Campbell—The deponent is certainly guilty at great
equivocation, unless the alleged defeat of the Queen's troops
and the other features of this piece of fictitiou sews were
talked of on 'Change at the time.
The Attorney-General observed that he was quite sure the
deponent was not guilty of perjury, and that he would be
much surprised if he heard his lordship my so.
Lord Campbell-1)o you expect us to act on such niceties
u whether it was the rumour of important news or the news
itself that was talked of at the time, on an application for a
criminsl information? These things might well appear In
an action, or on an indictment before a jury.
The Attorney-General said that the company' did not fear
'mug before a fury ; on the other hand, they courted it.
Bat in • case I'ke this, the applicants should not be deprived
of a remedy like that now applied for, sesieg that none of
the charges made against them had been substantiated by
affidavits, but that other and vague charges had been male,
whilst the original charges were contradicted and positively
denied by the affidavits of the applicants. The charges were
contradicted and were not repeated, but others were made in
their stead. It was said at first that the news had been
make known by the company in Capel-court. That
was not now pretended, all that was insinuated being that
some rumour of a general character was 'Host in Capel-
court. Mr. Cooper, connected with Lloyd's, swore that he
had heard the disastrous news from Ireland about 10 o'clock.
Mr. Wettenhall swore that the neve was the subject of con-
versation in the Telegraph-office before hall-put 10. It was
true that Mr. Ricardo says that it was not posted up till
about 11. Here was certainly a discrepancy, but one
easily explainable, and one which would not of
itself NUS,' the court from withholilag its ul-
terior's:me in the ease. The third chants was that
connected with the message announcing the attempt on the
Queen's life. On the arrival of the message in Liveroml, a
messenger was seed with it to the oleos of Wainer of Wilier
and Smith. Itindioet It shut, it being late on Saturday night,
he returned with the; message about half-past 10 o'cick. He
was then told to carry i; to their private residence, which he I
wind to do. Yet this was the flimsy foundation upon
whisk Ohio third sharp w:d Welds by whisk the conspeny

ere held forth as guilty of "• ateckery, a deludes.
sad a snare enegualled is the annals of business."
TM fifth sharp had reference to the last trial of Smith
O'Brien. Bet the company are entitled to me their own
wires for msmago et their own. This was all that they did
is that ease, sad they were not charged with having done
any more. Under these cirearastanass, were they to be re-
fused the isterposition of the court, when all the charges
them were set and dialed—end when
mZiseire not repeated, whilst ether 'harps only were
ated and put forth ? Were each a rale to be
laid down, it would be attended with hoonvenience
of the most serious kind. Taking it for pasted that the
charges, which were thus contradicted, were not supported
by reiteration or restatement In the affidavits, there would
be no ground for refusing the interposition of the court, even
if the new charges made ware clearly made oat—but this they
were sot.

Lord 6aspbell.—Tbey an not et liberty to make other
chrges.
Sir F. Thesiger observed that no other charges wen made.
All the bete deposed to in the affidavits went to make out the
original charges, and were so istsoded.
The Attorney-General, ht resuming, obesrved that the
blunders complained of were of the most insignificant kind.
The stockjobbing charge connected with the names of Mr.
Bolton and Mr. Sampson Ricardo, was a new charge, all of
which rested on no other fouadadon than the affidavit of
Aclaad, a diesharged servant of the company. There was
another share to the effect that Mr. Ricardo bed entered
into negotiat on with the Merning Chronicle and Times,
I with a view to supplying them with seclusive information.
But this the company bad a perfect right to do. They bad
a right to send out their own spats for news, as the news-
, papers did. If they had this right, they had also the right
to sell their information to any newspaper, as well as to east-
Emanate it to their sukscrilmrst . .

-
Lnd Campbell—Nit at 141 a • attire contemplate that the
company should, on their own amount, become dealers in
saws ?

The Attorney-General observed that the previsions of the
44th section of the act wets to the effect that they were to
transmit news for their customers, subject to the priority
secured for her Majesty's service and for the purposes of the
company.
Mr. Justice Patteson—That is, the Railway Company.
The Attorney-General—No, the Telegraph Company.
Mr. Justice Patteson—l doubt that.

Lord Campbell—lf they were not expressly prohibited, I
will not now undertake to say that such a use of the wires
would be illegal. They might us the wires on their own
mount, even it it was for the Telegraph Company that they
&deo, without entering into bargain' with newspapers to
supply them with the news.
The Attorney General contended that if they bad a right
to collect news for their subscribers, they bad equally a right
to dispose of it to a particular paper or papers. As to the
delays complained of by Wilhite'. and Smith, they did not
attempt to show that w►en their messages were delayed the
wins were not in active uss transmitting other isesugee.
Lord Campbell—What they complain of is the systematic
delay of their news, so as to be too late for the American
packets.
The Attorney-General said that that wu denied in the
' affidavits, which stated that the c-mpiuiy had always acted
with perfect good faith, but that somsumes unav,iidable de-
lays would arise.
Mr. Justice Pattie= here read the section of the act
respecting the use of the wires by the company on their
own account. It was evident, he thought, that it was not
' the intention of the hgislature that they should become the
distributors of newe.

Lord Campbell—lt is obvious that the most mischievous
consequences might ensue if they were to do so. They may
become the transmitters of news for their customers, but
that is different from acting as the distributors of news on
their own account.
_ _

The AttorneyOaneral then briefly recapitulated the
heads of hie argument, and submitted that the rule should
now be made absolute.

Mr. Marna and Mr. Hayes were heard on the unto
aide.

Lord Campbell.—We are of opinion that according to the
principles which govern applications of this nature, this rule
should be discharged, and that the parties applying for it
should be left to their remedy by action or indictment,
As an action is now pending between the applicants and
other parties in which the question will be decided by a
jury, I abstain born saying more at present, that there
may be no prejudice in that action from any thing that may
fall from me.
Bale discharged without cosy.