The Sun.
London, England, 1849-01-18 00:00:00

he was exceedingly sorry for having contemplated
such an act, and the worthy Alderman might rest
assured that such a thing should not occur again.
Alderman HOOPER, called the wife forward and
asked her what rent she owed in her present lodg-
ings ? She replied that the first week was due on
Tuesday last, and that she had been enabled to pay
2s. 6d., leaving Is. owing.
The Chief Clerk informed the Alderman • that a
person named Toplis, a grocer in Powis-street, Wool-
wich, had left his card, desiring that if the prisoner
was discharged he should call upon him.
Alderman Hooraa was glad to say that he had
received a very favourable account of him, both from
the chaplain and surgeon of the Compter, and, there-
fore, on receiving his promise not to offend again, he
should discharge him.
Since he was last at this court some bonevolent
individual had forwarded 1/. towards his relief,
which would be given to his wife for paying their
rent, &c.

The prisoner, who was deeply affected, gave the
required promise, and was accordingly discharged.

BOW-STREET.

Thomas Waller, an elderly gentleman, was brought
before Mr. Henry, by warrant, charged with having
written and published certain false, malicious, and
scandalous libels of and concerning John Edward
'Buller, of the firm of Smart and Buller, solicitors, of
65, Lincoln's Inn-fields.

Mr. Rymer stated that the prisoner was formerly
possessed of considerable property, and for many
3 ears prior to 1840 the prosecutor, Mr. Buller, acted
as his solicitor. Owing to speculations in buildings
or otherwise, his property was sunk or mortgaged,
and at the. present time Mr. Waller had none what-
ever=although Mr. Buller, from having known him
so long under more favourable circumstances, had very
charitably allowed him a small sum to live upon
(12s. a week). In 1840, when Mr. Buller ceased to
be the prisoner's attorney, there was some dispute
between them respecting accounts, and the
matter was referred for arbitration to Mr. Gattie,
then one of the Clerks in Chancery the result
of a minute investigation into the whole particulars
being that there was a balance due from the prisoner
to Mr. Buller of about 1,3001., which remained un-
paid till the present day. Shortly afterwards the
prisoner went through the Insolvent Court, and very
close upon this occurrence he became a bankrupt.
From this period the prisoner, although dependent
upon Mr. Buller's charity for his means of support,
had never ceased to annoy him in every possible way,
imputing to him acts of dishonesty, injustice, and even
felony; and latterly his language had assumed such a
violent and threatening character that Mr. Buller
went in danger of his life, and was, therefore, com-
pelled to take the present proceedings. lie was sure
it was quite unnecessery to add that there was not
the slightest foundation in fact for any of the libellous
charges preferred against Mr. Buller by the prisoner,
whose conduct towards that gentleman was as disre-
putable as it was unjust.

- A letter, addressed by the prisoner from " Soho
Chambers" to Mr. Buller, at his country residence,
Chase-house, Enfield, and dated tbe 12th of January,
and another addressed by him to his brother-in-law,
Mr. C. Smith, of the firm of Daniel Smith and Son,
auctioneers ; together with a printed placard which
had been enclosed in each, were then put in and read.
The letters referred to the alleged injuries sustained
by 'Waller at the hands of Mr. Buller, and threatened
the latter gentleman with immediate exposure of the
placards in all the courts of Westminster, the Chan-
cery Courts, clubs, &c., if some redress were not af-
forded him. It was also stated that copies would be
or had been sent to Lord Denman and Lord
Brougham, the latter of whom was partially ac-
quainted with the particulars of the case.
The prisoner said he would not put the parties to
any trouble as regarded the author of the libels, for
he readily admitted the fact. He had no notion, how-
ever, that the magistrate had jurisdiction in such
cases. His object had been to induce Mr. Buller to
put him to the proof before one of the superior courts.
He was taken at six o'clock on Tuesday night and
had been kept in custody from that time, or he should
have bad a professional gentleman present to consult
with. At any rate, he hoped and presumed the ma-
gistrate would not dispose of the case summarily.
Mr. HENRY explained that the offence imputed to
him was an indictable one, and all that he had to do
in the matter was to send the case to the Old Bailey
Sessions.

• The prisoner said that would answer his purpose
equally well.

Mr. Buller, the prosecutor, proved that the letters
addressed to him and to Mr. Smith, and containing
the placards referred to, were in the prisoner's hand-
writing.
On being asked if he had any defence to offer, and
at the same time cautioned in the usual way,
The prisoner said—ln 1827, Mr. Buller, upon the
recommendation of Mr. C. Smith, my brother-in-law,
became my solicitor, and received from me, between
that date and the year 1830, sums of money amount-
ing in all to 15,0001., for which he has never ac-
counted. Between 1830 and 1839 he received a
further sum of 10,0001., and no account of that
sum either was rendered, until I applied to Mr.
Justice Gazelee, and obtained an order to compel
the production of an account. During the inter-
val Mr. Buller allowed all my furniture and library
to be sold by auction in my absence, and by a
bill of sale; having at that very time, according to
his own admission, 3,0001. of my money in his hands.
From 1839 till the present year, 1849, Mr. Buller
has received every shilling of my income of 1,200/.
or 1,400/. per annum, rendering no account of it to
any one. True, I have been unfortunate ; I have
creditors ; but Mr. Buller is not my only creditor.
He says my property is all mortgaged ; but the
charges upon these mortgages are not more than 6001.
per annum. What, then, is done with the balance of
my income ? Then as to the bankruptcy spoken of, it
was a friendly brankruptcy effected for the purpose by
my sister, my best friend. tin Buller knows that
neither of the courts would take cognizance of my case.
I did not owe enough to enable them to do so. All I
want, all I seek, is an account of the disposal of my
money by Mr. Buller. This I have sought by every
legitimate means in my power, but in vain. lam too
poor to compel him by a bill in Chancery. lam perfectly
in his hands. For the last four or five years Mr. Buller
has allowed me 12s. a week for my support out of my
income. He calls it charity. I pay 3s. 6d. out of it
for my lodging, and 2s. for my poor child. I have
been reduced to a state bordering on starvation—
humiliating to conceive, dreadful to suffer. A short
time back, whenmy bed and everything was taken
from me, I sent a young person to implore Mr.
Butler to give me 6/. That request was refused, and
have that witness here to-day to swear, if you will
permit her, that Mr. Buller told her the reason why
he did not give me more money was, because " he
should then be supplying me with weapons against
himself." lam worn out and destitute, and if the
12s. a week is now withdrawn from me I have only
the workhouse for a refuge. In conclusion, the pri-
soner repeated his avowal that he could prove every
allegation he had made against Mr. Buller, and
anxiously waited an opportunity of doing so.
_ _

Mr. Rymer presumed that it quite unnecessary
to repeat his former assertion, that the prisoner's
statement was totally false.
Mr. HENRY said that, even if true, there could be
no doubt that the placard was a libel. His course
was, inevitably, to commit him for trial. His wor-
ship asked if the allowance of 12s. would be continued
to the defendant ? .

Mr. Buller replied, certainly not.
The prisoner was then committed for trial, his
Worship consenting to admit him to bail, on pro-
viding two sureties in 401. each.

The prisoner thanked his Worship, and said he
should have no difficulty in finding sureties, he be-
lieved.

Shortly after the disposal of the above case, Sir
Francis Knowles, Bart., waited upon the magistrate
and said that, hating just had his attention called to
the libellous placard, ho was anxious to state in pub-
lic that he did not authorize Mr. Waller to append
his name to it as a referee. He had the pleasure of
knowing some members of Mr. Waller's family, and
had occasionally conversed with him respecting the
disputes with Mr. Buller, but he had never made
himself sufficiently acquainted with all the documents
or particulars of the case to justify him in giving any
advice upon the matter. He repudiated all sanction
or knowledge of the libel in question.
The prisoner, on being again placed in the dock,
admitted that he had inserted Sir Francis's name
without consulting him, and apologised to him for so
doing.
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