The Sun.
London, England, 1853-01-27 00:00:00

QUEEN'S BENCH.

(Sittings in Banco before Lord Campbell, Mr. Justice
Coleridge, and Mr. Justice Wightman.)

THE QUEEN V. THE AMBERGATE RAILWAY COMPANY.-
JUDGMENT.

This was a writ of mandamus commanding the com-
pany to exercise the compulsory powers conferred upon
ahem by act of Parliament to purchase land, and to
:make a complete line of railway between Ambergate and
another place.

Lord 'Campbell, in delivering judgment this morning,
said the Court were of opinion that a sufficient answer
had been given to the mandamus in the return made by
the defendants, which stated the capital the company
was empowered to raise for making the railway had
fever been subscribed for, and that the company had
!never been and was not now able to procure the whole
lof the said capital. The Court thought the company was
ga! ot bound to undertake the works, because it was shown
'that without any default on its part, it had never been
hi a situation to exercise the powers conferred by
Pie Legislature. Under those circumstances, judg-
ment on the demurrer to the 12th plea would
be for the defendant. As to the demurrer to the 3d,
11th, and 15th pleas, the Court thought judgment ought
to be entered for the prosecutors. It was unnecessary to
enter at length into these pleas, as the judgment already
given was a bar to the prayer for a peremptory man-
damus.

; Judgment accordingly.
I CRIMINAL INFORMATION.—EXPARTE GEO. LEWIS.
The Attorney-General said he was instructed on the
'part of Mr. Geo. Lewis, who was secretary to the
;Master of the Horse to her Majesty, and superintendent
of the department belonging to that officer, to move for
'a rule calling on Mr. Kay Dinsdale, to show cause why
t a criminal information should not be filed against him
for publishing a libel on_Mr. Lewis. The libel arose
out of circumstances, which he should briefly state,
Mr. Kay Dinsdale carried on the business of a saddler
' and harness maker, in Oxford-street, and in the
L course of last year ho was honoured by the emu-
, mands of her Majesty to supply to the royal stables a
' . set of harness for two ponies and two outriders. The
harness was made and delivered, and Mr. Dinsdale sent
in a bill for the articles, making a charge of as much as 5851.
It was the duty of Mr. Lewis, on behalf of the Master of
the Horse, to examine and pass all bills for goods sup-
plied to her Majesty, before they could be paid ; and in
the discharge of that duty, he refused to pass a bill
making a demand of such an extravagant and exorbi-
tant nature, but he wrote to Mr. Dinsdale, proposing
that it should be referred to some competent persons in
the trade, who should look into the matter, and settle
the account, to which he was entitled. When Mr.
Dinsdale received the letter, instead of intimating to Mr.
Lewis that he agreed to the proposal, he called in three
saddlers, and made a statement, favourable to himself,
to them, as to the labour expended on the harness, and
the cost of the materials, and he then wrote to Mr.
Lewis, stating that he had adopted the course he
had suggested, and that the individuals whose opinions
he had takenhad cut down the amount to 510/ Mr.
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Lewis expressed his surprise at this mode of arbitration,..
which was not what he
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Messrs.
received 1001. on account for the , purpose of paying his
workmens' wages, but this was given without any pre-
judice on the part of Mr. Lewis. On the 4th of Dec.,
he wrote demanding the payment of the balance, and
said if he did not receive it he should be under
the painful necessity of serving a writ on her
Majesty without further notice and that if she
was not liable, he would sue Prince Albert. His
correspondence was altogether of a very hostile cha-
racter, and showed an absence of respectful feeling to-
wards her Majesty and her illustrious Consort. At the
end of another letter to Mr. Lewis, dated the 31st Dec.,
he said, " What a fool you made yourself in sending for
a policeman to take into custody a tradesman of her Ma-
jesty." It seemed that on one occasion he was so offen-
sive in his manner, that Mr. Lewis was under the neces-
sity of sending for a constable, but on that functionary
appearing, he quietly went away. On the first day of
the New Year, he wrote again, describing the trans-
action as to his bill as disgraceful and unprincipled,
and saying he supposed Mr. Lewis intended it as a new
way of paying old debts. Mr. Lewis did not complain
of these letters, but another was received, dated the sth
January, which contained the alleged libel, and was one
of the most outrageous and atrocious productions which
had ever been sent from one man to another. It was as
follows :

" Mr. Geo. Lewis,—You are the proudest tyrant, and
greatest knave, and most unprincipled fellow I ever met
with. lam sorry I ever condescended to have spoken to
you. Your character is the lowest, and appears to be
generally known. An intimate personal friend of yours
called upon me on Monday, and remarked that he was not
surprised of any action of yours, for you were the greatest
blackguard he ever met with. What a pity it is so respect-
able an office should be filled by so unworthy a wretch.
There is no boy in your stable who does not bear a better
character than you do. You vile scoundrel. Your conduct
may come to the knowledge of your royal mistress, and
general will be the rejoicing if you are turned out of your
situation. Your family I pity.—Your superior,
66 KAY DINSDALE.°
The learned counsel said he apprehended the Court
would consider this was a very scandalous and outrageous
libel.
Lord Campbell—Take a rule.