The Sun.
London, England, 1853-03-22 00:00:00

-ACTION FOR LIBEL AGAINST THE EXTRACTS FROM AUSTRALIAN PAPERS,
"FREEMAN'S JOURNAL."

JAMES BIRCH V. JOHN GRAY AND GEORGE ATKINSON.
This case, which excited a good deal of interest, came
on at the Kildare assizes on Friday. The plaintiff was
the proprietor of the World newspaper, and the action
was for a libel, alleged to have been published in the
Freeman's Journal. The plaintiff had been brought
down to Naas, under a writ of habeas corpus, from the
Richmond Bridewell, where he is still undergoing twelve
months' imprisonment for a criminal libel upon the
character of a lady. The court was crowded with spec-
tators and others who had been summoned as jurors and
witnesses in the case.

Dr. Hayes, Q.C., Mr. O'Driscoll, and Mr. Mont-
gomery were counsel for the plaintiff.
Mr. M‘Donough, Q.C., Dr. Battersby, QC , and
George Woods Maunsell were counsel for the d‘-fendants.
Before the names of the jury had been called over,
The Lord Chief Justice, having looked over the re-
cord and the abstract of it, said—l have handed up to me
to enable me to discharge the duty of trying this record
an abstract, consisting of 558 pages. I should very
much disregard my duty and very imperfectly attempt
to discharge it, if I were to set out upon the trial of
this record with such an abstract. For me now to set
about collecting from this document—to do that which
is the rules of the attorney for the plaintiff to do—would
be impossible, and equally improper. It would be vio-
lating the settled rules of the law, it would be degrading
the office I hold, and it would be encouraging the gross
neglect of those who are concerned for the plaintiff. I
therefore order this record to be struck out.
Dr. Hayes, Q.C.—I trust that where the parties have
gone to a great expense on both sides—where gentlemen
have been summoned here as special jurors and as wit-
nesses, and great expense has been incurred, your lord-
ship will, at all events, give us an opportunity of reme-
dying the defect as far as possible.
Mr. Birch—l think it is very hard that I should be
sacrificed for the fault lof my attorney ; I employed
counsel ; I have been imprisoned ; I have been slandered.
I thought I had employed the best counsel and attorney.
The expenses of the law in this country are so great, so
enormous, that it has cost me more than 1001. already
to bring this case to trial. I have done so to vindicate
my character against ruffians who beset me in every
way.

The plaintiff was here checked by his counsel.
Mr. Alaunsell—My lord, I object to Mr. Birch making
a statement of this kind.

Chief Justice—l must object to this on the part of the
court. I have made my order.
Mr. Kinder—My lord, I am the plaintiff's attorney.
I consulted counsel on the subject, and it was he who
drew up the abstract. I looked into the general rule,
and I found that it only applied %o cases tried in Dublin,
and therefore I did not think it necessary to go into any
length of abstract.
Lord Chief Justice—Every reason that makes the rule
applicable to cases tried in town makes it equally appli-
cable to those for trial in the country.
Mr. M‘Donough said that the rule was perfectly
settled.

Dr. Hayes—Probably your lordship would kindly
consent to adjourn the matter for half an hour.

Lord Chief-Justice—l cannot alter my decision.
Dr. Hayes—Really, my lord, it is a very grievous
order in its effect on my client. Probably your lordship
would consent to the case standing over, on the under-
standing that the costs of the day should be paid.
Lord-Chief Justice—l cannot do so—it is not a ques-
tion of costs.

Dr. Hayes—lf your lordship would consent to only
half an hour's adjournment, I will undertake to lay a
full abstract before you.
The Lord Chief Justice—Half an hour nor half a day
would not enable me to put myself in possession of this case.
I do not pretend to say what the present case is, because
I do not know ; but if it be like a case which I have
seen an account of lately, in which a party takes upon
him to utter and publish a libel, by which he declaims in
general terms—not imputing any illegal offence—but
imputing general defamation, and afterwards conies to
justify himself by specifying a number of matters—not
charging any illegal offence, but matters still defama-
tory ; and if• this could be allowed, first to publish a
general defamatory libel, and then to publish a number
of detailed libels, because if the matters suggested in the
pleas are not true they are all libels ; and yet under
colour of those pleas for which he will not be answerable
in damages, to defame his adversary instead of bringing
forward his charges in the face of his declaration, upon
which if he put them he would be answerable for them
in damages ; if the law is such that that course can be
taken, it is high time for the Legislature to interfere if
indeed the courts have not themselves the power at Nisi
Pries to meet a case of this sort in a way that will pre-
vent such an abuse and perversion of the law. It is,
therefore, that I feel doubly bound to be put in full pos-
session of every part of this record, that I might be ena-
bled to make up my mind whether I could not deal with
a case of that sort in a way that would prevent that per-
version of the law which would enable a man to defame
another, and to aggravate the case by any' number of
additional libels without being responsible for those addi-
tional libels.

Mr. Birch—l thank your lordship.
The Lord Chief Justice—l don't say that that is' the
case, for I am not acquainted with it so as to be able to
say so ; but if this be that sort of case, I should feel it
my duty to consider whether, even in this Couit of Nisi
Prim, I could not meet it in such a way as to prevent
such a gross perversion of the law.

Mr. Birch---Thank your lordship.
Mr. Kinder was about to speak, but
His Lordship said he could not suffer the business of
the court to be interrupted any further.
Mr. O'Nscoll subsequently applied on behalf of the
plaintiff to have the record given back ; and there being
no opposition on the other side,' the record was accord-
ngly returned.

SPORTING INTELLIGENCE.

LINCOLN SPRING MEETING.
MONDAY.

The TRIAL STAKES of 10 sovs. each, h ft, and 40 added.
One mile.

Mr. Morris's King David, 3 yrs, Est 31b (Barker) 1
Mr. Gulliver's Chilton, 3 yrs, Est 101 b 2
Mr. Marson's c by Theon, out of Rebecca, 4 yrs,
Bst 21b 3
Mr. H. Robinson's Billy Richardson, 4 yrs, Bst 21b 4
Mr. Walter's Sir Eustace de Grey, 3 yrs, Est 101 b 5
Betting-7 to 4 agst King David, and sto 2 agst Billy
Richardson and Chilton. Won by a neck ; same be-
tween second and third.

The Two-YEAR-OLD STAKES of 10 sovs. each, h ft,
and 40 added. Straight run in.
Mr. Cunningham's Jewess, Bst (Charlton) 1
Mr. Knowles's Ludwig, Bst 41b 2
Mr. Peck's Pope Joan, Bst llb 3
Mr. E. It. Clarke's c by Napier, out of Cawroush's
dam, Bst 71b 4
Mr. H. Lister's Little Jem, Bst 41b 5
Betting—Even on Jewess, 5 to 2 agst Ludwig, 4 to 1
agst Pope Joan, and sto 1 agst Clark's colt. Won by
half a length ; a head between the second, third, and
fourth.

The STEEPLECHASE HANDICA of 10 SOVS. each ; 5 ft,
and 2 only declared, with 100/. added. Four miles.
Mr. Higgins's Simple Peter, aged, 9st ...... (Weaver) 1
Captain Reynard's Bruce, aged, 9st 2
Mr. Osborne's Ringleader, 5 yrs, 9st 101 b 3
Mr. Barry's Leporello, aged, 9st 31b .................1!) 4
Mr. Trafford nd bg by Little Known, aged, 9st 1 0
Mr. Green's Little George, aged, 9st 41b.. ......
Mr. Kemp's Hope, aged, 9st 41b 0
Mr. Day's Voyager, aged, 9st 51b
Mr. Oldacre's Dandy Jem, aged, 9st 10 0
Mr. French's Little Queen, aged lOst 41b
Mr. Higginson's Bourton, aged, lOst 51b
Betting-7 to 4 agst Bourton, 4to 1 agst Ringleade
5 to 1 agst Leporello, 7 to i each agst Dandy Jem and
Voyager, and 12 to 1 agst Bruce. Won easily by a
length ; half-a-length between second and third."
The SELLING STAKES of 5 sovs. each, and 25 added,
one mile, were won by the Gip, beating True Girl.

In the New World, which is so rapidly springing up
,at the antipodes, the old country does not seem to have
been forgotten, judging from the names which the
hardy colonists have given to their newly acquired pro-
perties. In the Geelong Advertiser, for instance, among
the advertisements of sales by auction, we are startled
by seeing in large type the familiar words of " Kildare,"
" the Westbourne Property, " the delightful town of
Islington, " Gretna Green," " Ascot," " the Montague
Estate," Hampton Village," " Milton," " Sherbourne,"
&c. The different estates are described by the auc-
tioneers, after the usual stereotyped fashion in England,
but here and there the introduction of a little original
phraseology tells us that it is not at Garroway's or the
London Auction Mart, where we must attend the sale.
In one advertisement, the auctioneer announces that
" a Champagne lunch will be provided," in another
says, "an early day after the sale will be appointed to
meet and place the purchasers in their lots, and they will
on this occasion be hospitably entertained."
THE SALARY OF THE MAYOR OF MELBOURNE. —The
Melbourne Corporation have voted their Mayor 1,003/.
as his yearly salary.
MOREE GOLD FIELD.—On the Moree gold field, in
New South Wales, large masses of gold have been
found • and it is now systematically explored. Here
the Australian British Gold Mining Company are en-
gaged in draining the waterhole at the junction of the
Lewis's Ponds with the Louisa, and in working some
claims higher up the creek. They have the large num-
ber of 36 men employed, the most of which came out
from England under agreement. The Company's camp
has quite an imposing appearance.—Geelong Advertiser.
GEELONG INFIRMARY, &c.—The moieties of 'fines,
&c., from the Police-office for last month (October), re-
ceived by this institution, amounted to 1801. 15ki.
ENCOURAGEMENT TO INDUSTRY.—The Victoria In-
dustrsal Society has announced its second annual exhi-
bition in Melbourne, on the 15th of December. Prizes
of gold medals, &c., are to be awarded to successful com-
petitors, exhibiting live stock, samples of agricultural
productions, animal products, garden produce, colonial
manufacturers, and approved Famples of colonial
articles, as vegetable oils, candles, and specimens of
artistic skill, in leather furniture, typography, litho-
graphy, paintings, carvings, and so forth.—Geelong
Advertiser.

CHARACTER OF THE POPULATION AT THE DIGGINGS.—
The general character of the population at the diggings
is that of peaceable and industrious persons. There are
many exceptions, however. In those districts where
the earnings of the diggers are very regular, and an
industrious man can make pretty sure of doing well, but
where there are few instances of great luck, the diggers
are mostly orderly and industrious. At such places as
Tambaroora and the Turon, however, where thCre are
often very large gains made, the population is not so
steady. A great deal of drunkenness may he ob-
served, and disorderly scenes are too . con:in:ion.
Many of the public-houses at such, places are in-
fested with the worst of characters—thieves and 13lack-
legs—who prey upon the fools who, having been fortu-
nate enough to get a good hole, squander their earnings
at the grog-shops. Besides these there is another de-
scription of character who hangs about the public-houses
and ekes out a living, no one knows how. He is a
species of " Ne'er-do-weel," who is not fond of hard
work, and only takes to it when compelled by dire ne-
cessity. He pretends to know a great deal about gold-
getting, and is acquainted with all the rich localities. He
is a complete sponger, and is tolerated in public-houses
because he brings them some custom. This genus is
termed in California " a loafer." I met a good specimen
on the Meroo. He looked very like a br,oken-
down swell, but he talked so sensibly, and was
apparently possessed of so much • information; that
I put some faith in him. In speaking of a new
place which had been opened on the Devil's Hole,
Creek, Spring Flat, he said that " the ground stunk of
gold," an expression which somewhat startled me. He
said there was plenty of room there ; on which I asked
him if he had a claim at Spring Flat. He replied, 1' No,
that he had a 'rattling claim' on the bar below, worth
any two there, and he wouldn't bother himself `with
Spring Flat." I subsequently ascertained that my big-
talking friend had no claim at all, but some of the dig-
gers used to let• him work a day or so with them
when he was hard up. It is, unfortunately, too true
that there many persons at the diggings who are
hardly ever sober from morning to night. Many of the
diggers, after having made a few pounds, go to a public-
house and never leave it until all their money is gone,
when they are ignominiously expelled, and at last get
sober, and awake to a true sense of their condition,
without a farthing in their pocket. But the chief !por-
tion of the diggers do not act thus, and gentlemen in
positions of authority and influence should pause before
they make rash assertions concerning the morality, and
the general behaviour of the population at the gold
fields. The greater number of the miners work hard
and steadily, and even deny themselves much ofl the
license and the luxury they would enjoy at their
usual employment. Besides this, five outof
every half dozen I fell in with, were men o at
least average intelligence and information, and a great
many were men of much shrewdness and common sense.
By such persons as these the conduct of the Govbrn-
merxt towards the miners is narrowly scrutinised, and, I
must say, fairly and impartially judged. Almost all the
miners with whom I have conversed have more Con-
fidence in the Government for fair and impartial treat-
ment than in the Legislative Council, and few regard
the handing over of the management of the gold fields to
the Council with pleasurable anticipations. The reason
of this is the reckless manr*r in which some honourable
members have spoken of the gold diggers, and the bitter
spirit exhibited towards them by others. Men do not
like to be termed "hordes of licensed ruffians," and even
gold diggers can see the gross injustice and the folly of
attempting to raise a revenue from the gold fields large
enough to defray the whole expenditure of the colony.
Miners can apply the fable of the man who killed the
goose which laid the golden eggs as well as other people.
Gold diggers, too, have breeches ' pockets as well as
capitalists, thank goodness ! and they are just as likely
to resist any unjust attempts of other people to dip their
hands into. them. Knowing as they do how heavily the
treesent license fee presses on the industry of the miner, ,
not to be suppoged that they can hear, without in-
dignation, the project of placing an export duty on geld
in addition to this fee.—Sydney Paper.
• SOCIAL CONDITION OF AUSeTußA.ctilelyAt.p—haes\Vtpeermhaanveentiot
. ' sufficientin-
crease
in datathe for
population determining
d ur i n g
year, but it
may be fairly assumed that more than 80,000 souls
from all quarters of the world have landed on our
shores. A great number from the adjacent colonies haive
come for the purpose of trying their fortunes at the
diggin
but and intending
jor to return whether successful 'pr
not ;the great maity of those who arrive are
actual immigrants. The entire population of the colony
at the present moment may be stated at more thin
200,000 souls. This immense influx, while it has given
an impulse to our progress unprecedented in colonial
history, has been attended with much inconvenience to
the entire community, and especially to persons newly
arrived. The appliances of social life have not kept pabe
with the rapidly increasing population ; nor was it p&A-
Bible. In a young colony, and in circumstances of such
unexampled emergency, there must of necessity be a se-
rious deficiency of the most ordinary social conveniences.
The general rule, having but few exceptions, is, that male
immigrants proceed to the diggings at once. This outlet
has averted the shock that would be occasioned by the dis-
proportionate pressure upon the ordinary employments,
and kept the labour market comparatively bare. The
vast majority of those at the gold fields have settled
there for the present, no appreciable proportion of them
falling back upon ordinary occupations. Hence, it is
evident that the gold field is of indefinite extent, and
that the labour is generally remunerative. The defi-
ciency in the labour market is only partially filled
up by the few immigrants who do not go to the dig-
gings, and the still fewer who forsake them. The want of social conveniences must have entailed much suffering
upon individuals ; but, looking on all the circumstances
of the case, there is cause for thankfulness that
the evils have not been infinitely more serious
and general. There has been, and there still is, great
personal discomfort ; but there might have been famine 1
and pestilence. The principal inconvenience felt by new
corners is the want of house accommodation. The
abundance of money, and the deficiency in effective
labour, have raised the expenses of building far above the
point at which it would be a profitable investment
for capital. The number of buildings erected in
the city within the year bears no proportion to the
increase of the population. But already we discover
symptoms of reaction in this respect ; and we
think that the ensuing year will witness a revival in the
building trade, and a great extension and improvement
in the city. Meantime, the want is partially supplied by
tents and small wooden buildings in the outskirts. On
the southern bank of the Yarra Yarra there is a popula-
tion of 4,000 or 5,000 living in tents ; and all around the
boundaries of the city wooden cottages are daily spring-
ing up,—Melbourne Argus.

THE FREE LIBRARY OP MARTLEBONE. --At the last
meeting of the Working Men's Committee, on the 18th
~ inst., at the Central National School-room, High-street,
_lltarylebone—Mr. T. Wilson in the chair—the secretary,
Mr. George Lock, stated that in consequence of the dis-
tribution of political papers at the meetings of the above
i library, by H. D. Griffiths, the Reif. Dr. Spry, rector of
! Marylebone, had informed him that the school-room in
High-street was no longer at their service (the trustees
of the same having met, and come to that decision).
He (the Rector), however, would allow the committee
1 to meet once more there in order that they might take
such steps as would prev'ent their expulsion, sooner than
retire in anhonourable manner, and thereby insure the
respect of others by showing respect for themselves.
The committee unanimously agreed that Mr. Griffiths
should be expelled the committee for the " offence" he
had given, unless he (Mr. Griffiths) expressed contrition
for such " offence ;" leave being given him to retire with
a good grace, as they felt they had a disagreeable task to
perform, and would rather be rid of it. Mr. Griffiths de-
clined either expressing contrition for the diffusion of
useful knowledge, or of retiring for no real cause : his
"offence " was, in giving away copies of "The Home "
of his friend Richard Oastler, and papers against taxes on
knowledge, which were in accordance with his (Mr.
Griffiths') views of the rights of labour. They had,
however, Dr. Spry and his friends to please, and the
question was whether he (Mr. Griffiths) should be ex-
pelled or the committee. A long discussion followed,
which ended in Mr. Cole moving, and Mr. Robertson
seconding, a resolution for Mr. Griffiths' expulsion,
which was carried unanimously—Mr. Griffiths Voting
for his own expulsion, on the ground that it was an
honour to part with men who had so lost respect for
theßwelyes.

COUNTRY MARKETS.

COLCHESTER —MAlic

Prices to-day were as tollow :—Wheat, white, 483 to 560 ;
red, 40s to 50s ; barley, 34s to 388 ; oats, 178 to 243 ; beans,
white,Maza on,s3otos to
1 ; 32sgry,
; emicsosidletoan3d2ss.mall, 32s to 38s ; Peas,

Prices to-day were as follow :—Wheat, CHELMSFORD--MARem 18.
to 57s Od, new 38s to 55s ; red, old 36s to 475, new 31s to
44s ; barley, 25s to 27s ; chevalier, 31s to 37s ' grinding:
21s to 27s ; malt, 55s to 56s ; chevalier, 55s to 58s ; oats
19s to 25s ; peas, partridge, 30s to 35s ; white, 32s to 340;
white, old 400 od
boffin.. 38s to 41s ; dun, new, 29s to 33s ; beans, tick, 32e
to 345; Harrow ticks, 31s to 36s ; Mazagan, 29s to 325.

The following is the official statement of the quantities
of corn, &c., received in the port of London from the pork's
in Essex, from the 14th to the 19th March, both br
elusive :

Colchester
Harwich .
Leigh
Malden

A -4 7'3

105 105
1005 -
180 1991
983 36

. vs •
4 g 3 .3.4
8 (1,

- 20 12 300
- 15 - 1246
- 82 25
-203 i 194 10f0

1005
:1213,

KIRKCALDY—MARCH 19.
The following are the quotations for grain :
Wheat.
II , Barley. Oats. I Beans.
First
Second
32s Od 20s Od Os Od
Third 39s Od 27s Od 17s Od I Os Od
I
Oatmeal, per bag of 2801bs imperial, 29s Od to 30s Od.

;T—Mecca 21.
a close of the market : -

COAL MARK
Prices of Coal per ton at t
5. d. 5• d•
1
Buddle's West Hartley 16 91Northumberlaud E. ...... 16 6
Burnhope l6 6 Riddell lB 1" a
Carr's Hartley l6 61Eden Main ..... ...... -• • ••19 0
0
Holywell.. . .... . ....- . lB 0 Bell 19 a
Howard's West Hart ley Belmont 19 0
Netherton 16 3 Hetton 2O °
Longridge's W. Hartley 16 6 Stewart's 20 0.„
Ravensworth W. Hartley Iti 6 Harvey Wylam, uns. lv 6
Sidney's Hartley l6 6 Heugh Hall 18
Walker Primrose
West Hartley 16 6 South Kelloe 18 °
Wylam 17 3 Whitworth 16 9
Willington Hartley l6 0 Clavering Tees
1617 0°
War s End, &c. ISt. Helen's Tees
Gosforth 18 01 Tees 2O °
.
Herten is 0 Woodhouse Close . . ..... ..17 o
6 6 Killingsworth E. l7 0 Derwentwater Hartley 1 --„ 6
Northumberland l7 0 Fothergill's Aberdare3'4 .

Ships at market 69 1 Sold 59.

RAILWAY SHARE MARKETS.

LIVERPOOL—MARca 21.
STOCK EXCHANGE.—The business done in railway 00c1g
has been but limited, and at lower prices genera4y.

' • MANCHESTER,--MABoH 21.
STOCK EXCHANGE.—There has been a good deal ai
fluctuation in prices, and Sheffield stock, which opened ad
29i, has closed at 304. Lancashire and Yorkshire, '—
Midland have declined, the former 22s 6d, and the latter
25s upon Friday's quotations. London and North est.'
ern are also 20s lower. The sales at the close
Eastern Counties, 13 ; Leeds, 744 ; Sheffields, 304 ;
lands, 74 ; Dovers, 24 ; North Staffords, 4 5.16 d. ; 11"-
donians, 32 ; London stock, 118.

BIRMINGHAM., MARCH 21.
STOCK EXCHANGE.—The market has been brisk toc_tl6„'
and prices were firmer. Shrewsbury and Birmingui'4l
stock was done at 64i ; Shrewsbury and Herefords "
1i die.

LEEDS—MABon 21.
Abee
STOOK EXCHANGE.—The market this morning
again very flat, and a general decline in prices has t'alcea
place. Lancashire and Yorkshires have fallen 11.,
the Midlands, 17s 6d, while the smaller stocks D"ae
..,
undergone a similar decline. The following are the clove
transactions, the market closing at its weakest-post„„ri
Lancashire and Yorkshire, 75 ex &'—
Y. ; South Eastern
cher Dovers, 23k ; Northern Counties Unions, 3 die. ; Mail
ter, Sheffield, and Lincolnshires, 291 ; Midland stock, 74;
Leeds Northerns, 16; York and North Midlands, 29i.