The Sun.
London, England, 1862-12-16 00:00:00

FENDALL V. WILSON.

This was a somewhat similar case, and one year's
suspension was ordered.

Notice of appeal was also given.
These cases may not be filially concluded for an•
other year.

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius, at Guildhall, before Lord
Chief Justice Cockburn and a Special Jury.)

KCENIG V. RITCHIE-SLANDER AND LIBEL.

This action, part tried on Saturday, and reported
in The Sun, was resumed to-day.
This action, as already stated, was brought by
plaintiff against the defendant nominally, but
against the Scottish Equitable Life Assurance So-
ciety in reality, for having published a pamphlet
imputing to him that he had committed perjury in
an affidavit sworn by him in a suit in Chancery in
which he and a Mr. Wm. C. Fowler were parties
on the one side, and the Scottish Equitable were
directly concerned on the other. The legal pro-
ceedings arose in the refusal of the Scottish Equit-
able to pay to Mr. Fowler a sum of £2,000 on a
policy of insurance assigned to him as security for
debt by the plaintiff, who effected it on the life of
the late Mr. Thomas Haire, of Gibraltar, to secure
an advance of money made to that person by him
and the firm of which he was a partner, namely,
that of Lewis, Reis, and Co., London. Another
count in the declaration was for slanderous
words alleged to have been uttered by the de-
fendant to a Mr. Jones, imputing an attempt by the
plaintiff to commit a gigantic fraud upon the Scot-
tish equitable Society.
The defendant pleaded not guilty and justification.
Mr. Montagu Chambers, Q.C., Mr. Watkins
Williams, and Mr. Ed. Beiley appeared as coun-
sel for the plaintiff; Sir Fitzroy Kelly, Mr. Ma-
caulay, Q C., and Mr. Re vv conducted the case for
the defendant.

Mr. Kcenig, the plaintiff, recalled, was further
cross-examined by Mr. Macaulay as to the transac-
tions, the exact nature of the agreement about the
terms of the policy, and in particular upon that
part of the defendant's case in which it was con-
tended that Mr. Haire, in having gone to Casa
Blanca, 213 miles beyond the Straits of Gibraltar,
on the coast of Africa, where he died, had exceeded
the limits of the license endorsed on the policy,
which, it was urged, was framed so as to confine
him to ports principally within the Mediterranean.
Plaintiff was also re-examined on those points at
considerable length by his consul, Mr. Chambers.
Mr. Robertson, a clerk in the London branch of
the Scottish Equitable Society's establishment, was
called for the plaintiff, and examined as to the
mode in which policies proposed to be effected in
London were carried out between the London house
and the head office of the society in Edinburgh.
Mr. Jones. a witness who called at the London
branch of the Scottish Equitable Society's establish-
ment to effect an insurance on his own life, de-
posed to the utterance of the alleged slanderous
words by the defendant complained of by the plain-
tiff, as imputing to him an attempt to commit a
gigantic fraud upon the society, and said those words
were uttered in reply to a question by him, whether
the Scottish Equitable Society disputed their poli-
cies, the defendant replying, " Never, unless in such
cases as that described in this pamphlet, in which
you may read all about it."

- Mr. William C. Fowler, to whom the policy on
Haire's life for the £2,000 was assigned by plaintiff,
when the house of Lewis, Reis, and Co., in which
plaintiff was a partner, had fallen into embar-
rassment, together with a policy for a thousand
pounds on his (plaintiff's) own life, as security
for a debt, also effected in the Scottish Equitable
Society's office, was examined and cross-examined
at great length as to the manner in which he became
the holder of the policy, and his evidence was corro-
borative of plaintiff's account of the transactions.
Mr. Montagu Chambers, at this stage of the pro-
ceedings, proposed to put in documents relating to,
and forming part of, the proceedings in the Chan-
cery suit above referred to.

Sir Fitzroy Kelly objected to the admission of
the documents on the ground that no cross-examina-
tion had taken place in reference to them.
Mr. M. Chambers—The document which plaintiff
complains of as a libel I here tender as evidence.
Sir Fitzroy Kelly—I will take your lordship's
opinion as to whether the documents are admissible.
Mr. Montagu Chambers—My client is proceeding
for a libel, and I put it to the Court whether these
documents ought not to be put in and received as
evidence.

Sir Fitzroy Kelly-111y learned friend makes a
great number of observations for the hearing of the
jury. 1 ask your lordship can these documents affect
your lordship's judgment? I object to their being
put in.

Mr. Macaulay—Tliey are are as innocuous as many
parts of my learned friend's observations in this case,.
Mr. M. Chambers--I thank you for that compli-
ment, and you may depend upon it I shall not for-
get to ret urn t!)e compliment. in my reply. I submit,
my lord, that this document (handing in one) is
evidence.
The Lord Chief Justice here took and 'laving

looked at the document, said—l donit see, Mr.
Chambers, how this can properly be made evidence.
Mr. M. Chambers—My lord, let me show your
lordship how it is evidence. The plaintiff being a
foreigner, and not intimately acquainted with the i
English language, had effected a policy for £2,000
in the office of the Scottish Equitable Life Assur-
ance Society en the life of one Thomas Haire, and
the life having dropped, and 0:e policy having been
previously duly transferred to FoW.ler, the plaintiff
was called upon for documents to satisfy the society
of Haire's death, and the document wilch I now
tender, together with other documents, as evidence,
was furnished by him to the society.
The Lord Chief Justice (looking at the document)
—This is not evidence that the life had dropped,
because it is merely a statement that the life had
dropped.
Mr. Montagu Chambers—l tender it, my lord, as
evidence. Will your lordship take a note of it ? I
Lord Chief Justice Cockburn—Mr. Chambers, I
disapprove of these irregularities. I say it with
very deep regret, but I feel that the Bench is not
treated with the respect it ought to be treated with.
I say nothing on the subject because of myself
occupying it ; but I say that the office has not been
treated in the becoming and proper manner in
which it should be.
Mr. Montagu Chambers—My lord—
Lord Chief Justice Cockburn—Mr. Chambers,
request that you will not say anything more. 1
can no longer submit to these irregularities, and so
long as I have the honour to hold the office I shall
not allow the Bench to be treated unbecomingly.
His lordship then adjourned his Court.
The case for the defence will be opened to-morrow
(this day).