The Sun.
London, England, 1847-02-12 00:00:00

OPPOSED LIST.

LONDON AND NORTII-WESTERS (BIRMINGHAM
AND LICHFIELD EXTENSION AND AMEND-
MENTS).
Some unimportant allegations against this petition were
sustained.

SOUTH STAFFORDSHIRE RAILWAY (CAN'NOCTI,
WYRLEY, AND NORTON BRANCFIES, AND

AMENDMENT OF ACTS, AND POWER TO BIR-

MINGHAAI CANAL CIMPANY TO CONTRIBUTE.
In this case the standing orders were complied with.
SUTTON HARBOUR IMPROVEMENT COMPANY,
AND POWER TO LONDON AND SOUTH-WESTERN
TO SUBSCRIBE.
In this case also the standing orders were complied with.
The Examiner then adjourned.

NEWMARKET AND CHESTER-
FORD RAILWAY.
The first half-yearly general meeting of the proprietors of
the Newmarket and Chesterford Railway, Company was
bald at one o'clock, yesterday, in the City of London Tavern,
Bishopsgate-street ; Lord George Manners in the chair.
The notice for convening the meeting having been read,
the general seal of the company was attached, at the desire
of the Chairman, to the register of the shareholders.
The SECICZTART then read the report, from, which we
make the following extracts:—
"Your directors reported at the last general meeting of
the proprietors, held on the 14th of August, 1846, that con-
tracts, under the guidance and advice of their engineer, had
been made and entered into with a responsible contractor,
for the entire completion of the works, whose proceedings on
the line up to the present time, have been characterised by
great energy; and as the season is fast approaching, when
the works may be conducted with greater vigour, the direc-
tors do not in the least doubt their ability of carrying out
the original intention, of opening the line of communication
front the Eastern Counties Railway Station in Shoreditch to
Newmarket, by the 30th of September next. In anticipa-
tion of this event, a contract has been entered into for the
supply of twelve locomotive engines and tenders, upon the
newest and most approved principle of construction ; the
majority of which are to be delivered upon the works before
the above-mentioned date.
"Your directors with a view to the expedition required,
and in order that the works may not be impeded, and to se-
cure the opening of the line in the month of September
next, have deemed it necessary to make a call of 51. per
share, payable on or before the 22d instant.
" Since the special meeting held on the 11th November last,
for the purposes of considering the terms of a lease of the
Newmarket and Chesterfield Railway to the Eastern Coun-
ties Railway Company, which terms were rejected, negocia-
tions have been opened by that company, but they have
failed to produce any result.
"In consequence of the short period which intervened be:
tween the dates of the Act being obtained, and the first ordi-
nary general meeting, and there being many accounts then
outstanding, no financial statement was laid before the pro-
prietors; but your directors stated their conviction, that the
expenses to the date of incorporation, would not exceed 13s.
per share, which anticipation has been satisfactorily borne
out;—the total expenditure being 9,201/. or I3s. ld. per
share.

" With respect to the contemplated extensions of the line
of railway, it is unneccessary to enter much into detail ;
suffice it to say, that in pursuance of tke resolutions unani-
mously adopted at the first general meeting, the directors
gave instructions to their engineer, and solicitors, to take the
necessary steps to comply with the Standing Orders of Par-
liament, previously to applying fur Acts to extend the line of
railway from Newmarket to Thetford, and to Bury St.
Edmunds, with a branch to Ely. The requisite capital was
raised by subscription, and the respective Parliamentary de-
posits, consisting of 35,625/. and 31,875/. have since been in-
vested in the Three per Cent. Consols."
The Cfraiaasele then said that, in bringing before the
notice of the meeting a reeolutioa to the effect that the re-
port be received, adopted, and circulated, he felt it to be his
duty to make a few observations, though from the detailed
nature of the report it was unnecessary for him to detain
them long. The Noble Lord then alluded to the dif-
ferent points referred to in the report, and said that
with regard to the extension, it was fortunate that they
proceeded to Parliament for two Acts from the opposition
they bad met with. He would conclude by moving that the
report be adopted.
Mr. 3. G. Plant, the deputy chairman seconded the reso-
lution.
Mr. Coerce, of Cambridge, wished to observe before the re •
solution was put to the meeting, that he regretted the terms
offered by the Eastern Counties Company had not been ac-
cepted. by
did not blame the directors, for he believed the
rejection to have been the act of that meeting on the 11th
November. He thought, however, that it was competent for
this meeting to consider that resolution with a view to re-
scinding it. The stock of the company had fallen considerably
after the negotiation with the Eastern Counties Company
had terminated.
Mr. J. V. StIELLEv, one of the directors, replied that
if any overtures were to be made again by the Eastern
Counties Company they wool] be entertained, but under
present circumstances he thought it advisable that they
should stand aloof, and make no proposition.
The resolution was then put and unanimously agreed to.
Mr. HYDE, one of the shareholders, moved that the direc-
tors should be re-eluted, and paid a very flattering compli-
ment to them for the way in which they had acquitted them-
selves of their duties, and he referred especially to the
negotiation with the Eastern Counties Company. It could
not be surprising that their shares had fallen, for consider-
ing the large call that was recently made on the share-
holders, and the great pressure on the money market, such a
thing was to be expected. It was in his opinion a strong
proof of the confidence of the directors in the undertaking
that they made a call of 5 per cent.—(Hear, hear.) He
begged to move the re-election of the directors.
Mr. Pao= seconded the resolution.
The directors were then separately elected.
The CHAIRMAN returned thanks for the confidence that
had been again placed in them. He begged to say that
if any company made a proposal to them they were quite
willing to entertain it; but the shareholders might rest
assured that their interests would be attended to.
On the motion of Mr. CLOWE9 seconded by Mr. FULLER,
the auditor of the company was also re-elected.
This having concluded the business, the meeting separated.

SOUTHAMPTON AND DORCHES

TER RAILWAY.

The half-yearly general Meeting of the Shareholders of
this Company was held yesterday at the terminus of the
London and South Western Railway, Sine Elms. Lord
Do Mauley in the Chair.
The CHAIRMAN said it would be necessary to trouble the
meeting by reading over the Bills which they were summoned
to consider, after the usual business bad been transacted.
It would be necessary, according to the standing orders
to call another meeting at a longer notice.
The register of shareholders in the company was then Rub-
mated to the meeting, and the seal of the company affixed
thereto.

The SECRETARY then read the report, which stated that
so short a period had elapsed since a full statement of the
affairs of the company had been laid before the proprietors that
it would be only necessaryt to state with respect to the bill for
making the Lymington and Ealing branch as well as the
other Bilh,' that they were all before Parliament,
and hail been read a first time, and that the
directors had made an arrangement with the engi-
neer, by which their line would he opened in three
months. The report then stated that the total receipts were
142,4111. 7s. 3d., the expenditure 137,456/. 10s., and the
balance 4,953/.

The report was then adopted.
.The Noble Chairman, J. Mills, Rd. Brownkerr, and W.
Chas. Lambert, Esqrs. were unanimously re-elected as direc
tors, and J. lianbun-, Esq., as auditor.
The CffAIRMAN said, be wished to inform the meeting
that a greater progress had been made in the works than
was originally expected, and that the directors were of opi.
nion that the line would be opened ou the Ist of May, and
the contemplated accommodation would thus be afforded to
the public, as well as an increased facility to those visititiug
Weymouth, &c.. for the purpose of bathing.
Mr. Hone moved that 8001. per annum should be placed
at the disposal of the board from the opening of the line, to
meet the contingent expenses.
Mr. lIEATn seconded the resolution, which was unani-
mously adopted.
The CtiAtintAN said that he had just been informed
by their engineer that the line would be open for inspection
on the !at of May, bat that it would not be open to receive
passengers, or for traffic purposes for a few days afterwards.
d. Gcs-r, Esq., then proposed a vote of thanks to the noble
Chairman, to whose services, he was of opinion that the
company was so much indebted.
Mr. CIeAPLtN seconded the resolution, which was put and
carried.
The meeting then separated.

NORTHERN AND EASTERN
RAILWAY

The usual half-yearly general meeting of the proprietors
of the • •••7
orthern and Eastern Railway was held yesterday
afternoon, at
is the Shoreditch station ; Mr. Richard Patterson
the mat?
•
endinTh g rthePore
3thtstpated that the dividend for the half year
after paying the pa, last, payable on the Ist March,
11 13s. 95.,1! PrePeTtY-tax, would be—
ll. no. ai4d7„,,ll'!T share
on registered shares (501. paid) •
paid to alit on scri3 and registered shares (-151'.
(iO/. paid, issue ors. I°/Id. per share on registered
shares
per share on new en t„2lst„,ug., 1844); and of 9s. 31/d
being equivalent to los, - Paid to 31st December;
b 4 *
additional dividendwhich
Of
a. 16s.
paid. ,rth'ear share of Eastern Countiesmstoeck
beyond the 6
had accrued on the quarter
forpe per cent.
guaranteed. being at the rate
ro3lader9s,l4odn. presentat7a
fpur would be paid to the respecetivoef
the 31st of May
the triessrs. Thornton,
of the certificates at the office, on holders
next. The arbitration on the disputeao7eA
the contractors, had been brought to
claimed was 15,926/. Bs., while the sum awarded The, nn
11,706/. 113. sd. Some inconvenience having arisentiwa from
discussing at previous meetings the affairs of the Eastern
ties company, it had been arranged with the directors Of
hat Company, that the proprietors of the Northern and
Eastern Railway should be permitted te attend the Eastern
Coanties' meetings, and there be allowed to discuss all mat-
ters relating to the accounts.
On the motion of the CHAIRMAY, the report was adopted.
Mr. PILL protested against the present mode of keeping
the accounts, and declared that it was quite impossible to
ascertain whether the Eastern Counties Company paid
dividends out of revenue or capital. It would appear, he
eald, Val the costructia accQUD woald layer be cleled•

and as they were the landlords, and the Eastern Counties
Company the tenants, their directors ought to see that these
matters were duly settled and explained at their own meet-
ings, and not have the shareholders to raise these questions
at the meetings of the Eastern Counties Railway Company,
where, of course, the tenantry would always have a majo-
rity at hand.
The CHAIRMAN said to the beat of his knowledge the ac-
counts were as accurate and explicit as they could possibly
be made.

The dividend was then declared, and a vote of thanks
having been passed to the Chairman, the meeting termi-
nated.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Feb.ll.
(Before Mr. Justice ERLE and a Special Jury.)
PIRATING COVY-BOOKS.—SOUTER V. DARNELL AND CO.
Sir Frederick Thesiger, Mr. Watson, and Mr. Ogle ap-
ared for the plaintiff; and Mr. Sergeant Talfourd, Mr.
Knowles, Mr. Peacock, and Mr. Warren for the defence.
This was an issue directed to this Court by the Court of
Chancery to try whether a series of copy-books which had
been published by Messrs. Darnell and Co., school-booksellers,
were or were not an infringement of a series of copy-books
called " Foster's Copybooks," of which the plaintiffs, Messrs.
Soutar and Co., school-booksellers in Fleet-street, are the
proprietors.
The defendants had pleaded that " Foster's Copy Books"
were not original, that there was no novelty in them.
Sir FReDERICK THESIGER having opened the case, and
characterised it as one of considerable importance to the
scholastic community, the following witnesses were called to
support the plaintiff's case, that the invention was perfectly
origin al :
Mr. I. E. Branston, an engraver and printer, in St.
Andrew's-hill ,Doctor's Commons, deposed that lie had pre-
pared the plates for printing the copy-books of Mr. Foster,
and that he was engaged upon them several years, during
which time he was in constant communication) with Mr.
Foster. The books comprised a system of teaching writing
from the earliest to the more advanced stages. The plates
were for letter-press printing. He never saw any copy books
of a similar nature until they were brought to him by Mr.
Foster. 500,000 or 600,000 bad been printed. He considered
it a very great improvement in the mode of teaching writing.
The first series was published four years ago. First saw
Darnell's book about two years ago, and found it a copy of
Foster's system.
Cross-examined—Never saw faint lines printed in the
same way. Never saw pencil lines drawn by a master.
Mr. Law said he published the first series for Mr. Souter,
in 1841; 450,000 of the whole series had been sold up to
Christmas last. Alterations had been made from time to
time in the various editions.
Mr. William Aitcheson said he had been actively occupied
in teaching writing for twenty years, and had examined
the various works and systems of writing which had
been published in this country, and in France,
Germany, and Spain. Although he might have found
individual points in the various systems he examined, yet
he did not find any entire system resembling Foster's, which
possessed the principle of guiding the pupil, by light lines, of
frequent repetitions, the gradual withdrawal of the ex-
amples, and the application of diagonal lines, denoting the
size, shape, and slope of the letters; diagonal lines had
been used in former systems, but only equi-distant
across the page, but they would not guide the pupil
as to the proper distances of the different parts of the letters ; ,
there were also alternate tracings or lines leaving blanks for I
the pupils to fill up.
In cross-examination a number of systems on the tracing
principle were submitted to the witness. He admitted that
they evinced the principle of diagonal lines, and lines to
guide the formation and size of the letters, with alternate
lines. The witness was cross-examined at great length on
the book published by the defendant* and the books pub-
lished by the plaintiffs. It appeared that the defendants
book did not follow the other so nearly as to come under the
definition of a fac simile, so far as the course of the examples
was concerned.

Re- examined—The great novelty of Foster's system was,
that the lines compelled the pupil to make the letters pro-
perly—neither too large nor too small. It might be denned
as a combination, into a practical system, of all the im-
provements that had been made from time to time. The
systems of Nelly, Ferguson, and Well (on which the witness
was examined) were mot much used in schools.
Mr. Josh. Hill, a schoolmaster at Brantford, and the Rev.
Mr. Thomas, head writing-master of Christ's Hospital, spoke
to the great value of Mr. Foster's system—especially the
elementary portion, the first; but they considered the system
a compilation of elements which had previously existed.
Darnell's was a copy, as nearly as possible. They thought
Foster's diagonals, denoting the exact shape of the letters,
was a very important peculiarity. The same thing was in
Darnell's copy-books.
Mr. Foster himself stated that he had been engaged in
teaching writing during the last twenty years; that he had
travelled over the continent and America, teaching and in-
vestigating in his progress the various systems of teaching
which prevailed in the parts he visited.
Mr. Sergeant TaixotTnil then addressed the jury for the
defendants, and contended that the copy-books of Mr. Foster
contained no new invention ; that the s) stem of tracing the
characters in faint lines had been pursued by VA-
limn teachers for years; that it had even been sug-
gested by Locke ; and would the jury, by a verdict
for the plaintiff, set up Mr. Foster as the universal
teacher of writing, as the great inventor of an entirely new
system, when it had been shown that he had simply gathered
together and published the improvements of others. \o
doubt it was of great importance to Mr. Fester to get a
favourable verdict, and to exclude others from following
up and acting upon the suggestion of Locke, who
said the proper way to teach a boy writing was by
the master tracing the characters in Nint red ink
lines. Mr. Foster, and those who had preceded him,
bed done noshing more. lie trusted they would not so far
forget their duty as to state to the world that Mr. Foster was
entitled to lie considered as the inventor of this system of
writing. The Learned Sergeant concluded a powerful address,
by submitting that their verdict would be for the defendant.
Witnesses were called for the defence, and the case wasad-
journed until to-morrow.

COURT OF EXCHEQUER.—Feb. 11.
WAKLEY V. COOK.

This was an action le rought by Mr. Wskley, M.P., for
Finsbury, and coroner for the county of Middlesex, against
the proprietors of the Medical Times, to recover compensation
in damages for the publication of a libel in their journal
seriously aff.fcting the professional and private character of
the plaintiff.
The Attorney-General with whom was Mr. Bramwell,
appeared fiir the plaintiff; Mr. Cockburn, Q.C., Mr. Lush,
anti Mr. Healey, on the part of the defendant.
The Al TORNEY GENERAL in opening the case called the
attention of the jury to the serious nature of the libel in
questio;i, and proceeded to read the same. The libel in
question was contained in a letter addressed to the editor of

the Medical Times and signed " Vindicator," headed a pro-
posal for air. Wakley's trial by a jury of gentlemen.
The object of the letter, as the writer of the letter stated, was
" to free a worthy man from hideous accusations, or sever
from a high-minded profession a gangrenous member, peril-
ous to its safety." The letter went on to state that it would
not impair his arguments to admit that the reputation of the
plaintiff had been so far trodden under foot, that while on
the one hand it could be cleansed, if redeemable at all, only
by a vigorous effort, his utility and comfort of conscience on
the other are gone for ever if that effort be not made and
successfully. Befoulment has so far eaten into his name, that
had he the best of desires and greatest of energies, it would
kill both. A moral leprosy encrusts it each day, spreading,
which repels each good, and keeps aloof each prudent man.
True, the talent may be only imaginary, but public opinion
gives vigour to the hypothetical yirtue, and makes it as
deadly to himself and those around him as though it were
real. The fatality of public opinion— even, alas! if errone-
ous—offers hiin abroad asocial lazar-house, alike infected and
infecting, touching once and tainting for ever! The London
College Hospital was in its origin a glorious affair. It had
everything in its favour but one—the hostility of Mr.
Wakley. He, unfortunately, gave it his support, and it
perished. He lost his battle, his companions their honour.
By blunder, or crime, or doom mysterious, each associate to
this day has imputed to him imposture or vagrancy. The
accounts were not finally balanced, wherefore honourable teen
were looked on as felons. A breath bears evidence of crime
when corroborated by acquaintanceship with Wakley. The
British Medical Association followed. The same history, the
same end ! If Wakley could not raise it he generously
lent it, when raised, his name. It glistened under the
light of his sickly radiance, throwing off like snow under a
tropic sun. The treachery of the one faculty-scheme fol-
lowed other schemes to ruin, bill, bill, to ridicule; member,
member to secession, till all that is now left of the once-in-
fluential society, is a hybrid M.D., and apothecary of Dul-
wich, prefigured and described by Pope :
" Eternal smiles his emptiness betray,
As shallow streams run dimpling all the way,
Whether in floc id impotence he speaks,
And as the prompter breathes the puppet speaks."
Ile is of the British Medical Association, the mutilated tail
still left to tell, that once Kilkenny cats—and dogs—dwelt
there. Last came the Medical Protection Association. I saw
with wonderment how suddenly in power, and wealth, and
wisdom, this young society—obeying your call—sprang to
being. It was born a man. It sprang as from the brain of
Jove, another Minerva, instinct with might and beauty. A
multitudinous meeting, at three days' call, startled British
medicine from her seat, and the world asked what shall it be
—this new-born giant ? Surgeons and physicians the
proudest, bent their steps towards the threshhold—the new
popular shrine offered more promise than the old corporate
idols ; funds flowed in ; prosperity for once, in medical agi
tation, seemed our captive ; but Wakley crept into the part
disc ; and,

At the ear of Eve, familiar toad,
Half froth, half venom, spit himself abroad."
Bullying the equivocally placed, darting venom at the timid,
bending the indigent with dishonoured tread, the nobly'
ambitious with frothy hopes, he estranged in disgust the
respectable, and enhanced the not stranger fate of a bad
name! The more he paid, the less he purchased • the more
he toiled, the less he did—he worked but to injure, to ruin.
His breath was a killing pestilence—honour, wealth, cha-
racter, association—all have gone ! Surely, the name of in-
famy is as a greedy maelstrom, insatiate, bottomless. .
The unfortunate infamy of his repute left him without an
opinion of his own. His low character made him low
The very bread of his public life depended on his taking the
clownship to any medical company that would engage him."
In the same strain the letter was continued to a great length,
filling nearly three columns of the Medical Times. For the
publication of this letter an action was brought a short time
since, and a verdict returned for the plaintiff, with damages
1501. At the conclusion of the trial, a leading article
was written upon the trial, containing also a quantity
of libellous matter affecting the character of Mr.
Wakley, and it was the libel contained in the article
in question, published on the 28th of June, that the present
action was brought. The Learned Attorney General,
in a forcible and eloquent speech, called the atten-
tion of the jury to the serious nature of the libelsin question,
and called upon them, in the exercise of their duty', to show
their strong sense of reprobation upon the publication of such
a libel.
Evidence having been put in as to the publication of the
llledical Times, and the purchase of the paper, containing
the libel, by the clerk to the attorney of Mr. Wakley,
Mr. COCKBURN, Q.C., in addressing the jury, said that the
Learned Attorney-General had addressed them with the
greatest grandiloquence, and with feelings of indignation
which he really could not help thinking, with all respect to
his Learned Friend, was merely assumed for the occasion, for
the purpose of saving the plaintiff from the defeat which in-
evitably threatened him. He must say, that the present
action was one of the most contemptible that he
had ever known to be brought before any court
of law. His Learned Friend had acted most
3ii.
declinedad bee
unfairly to him in his mode of eonductins the case.
ifle. had commenced by reading the libel for which a verdict
of
rue
aaal r de yyrheotli7
ofe dt,h
eb but
chuims
ent Learnedin
question.Friendbad
The first
eldiibcealiwTais contained in a report of the trial, printed
been read to the jumryes'bliut*
from the in the
not one word of that report had
m.
read, unless it is given ii2:ll"'.
The ATTOVI.EY-IiZI
Mr. Cocanuale—lt is emust object to that being
document as you read
from, and I insist upon readinth'
The
Arrortxmc-cimiEiturl!t,and it shall be read.
lf it is read, I must have a

Mr. COCKBURN—I can assure the jury, that, in the con-
duct of the case of my client, I will not allow the instruc-
tions given to me to operate upon me as my Learned Friend
has done, who has poured forth the foulest malignity upon
the defendant.

The ATTORNEY GEYERAL—I must object to having any
personal imputations passed upon me in the conduct of .the
case.

Mr. Cocruiwar--I say that it was a most foul attempt
to blind the merits of the case by pouring a tissue of slander
upon my client.
The LORD CIIIEF Binorr—l think, Mr. Cockburn, that
some concession is due from you to the Attorney-General,
you having made charges affecting his character in conduct-
ing the cause.
Mr. COCKBURN—I can assure your Lordships that in any-
thing I have said I had not the slightest idea of imputing
improper conduct, personally, to my Learned Friend, and if
any expressions which I used are considered by your Lord-
ships as stronger than the case demands, I most willingly
retract them. _

The Arromcgr-GxwEnAL—My sole object in interrupting
you was to caution you that, if you read any fresh documents,
I shall be entitled to a reply.
Mr. Cociuiumc—l am much obliged to yon. The Learned
Counsel then proceeded to read the report of the whole trial,
as given in the Medical Times, and then proceeded to
comment most strongly on the conduct of the plaintiff
sending his attorney's clerk to obtain a copy of the paper,
for the purpose of founding a second action upon the
self same libel. It showed the vindictive spirit which ac-
tuated the plaintiff in causing these proceedings to be
brought. The defendant was the proprietor of a rival news-
paper, and the plaintiff seemed to omit no opportunity of
destroying him by these legal proceedings. Was it for that
his client should be dragged into the court a second time for
the publication of the same libel ? His Learned Friend had de-
nounced in the most unmeasured terms the writer of the libel
as person who was a disgrace to his profession, and such
an one as caused him to blush for the character of that pro-
fession. He (Mr. Cockburn) had watched his Learned
Friend closely, and had seen no blush mantle over his crim-
son cheek, but he must say that he almost blushed to hear
such charges brought against the defendant as his Learned
Friend had hurled against him. Mr. Wakley had obtained a
victory over, and 150/. from the defendant, what then was
to be expected, but that the defendant, the proprietor of the
Medial Times, should give, in the next number of his journal,
an account of the proceedings to his readers, and was it un-
natural to suppose that the writer, smarting under the effects
of a victory, would use rather strong language upon the subj ect ?
The Learned Counsel concluded an eloquent speech by con-
tending that the libel complained of in the leading article of '
the Medical Times on the subject of a trial, was nothing more
than could be expected. His Learned Friend had said that
it "all looked yellow in a jaundiced eye," but for the life of
him—and he appealed to the common sense of the jury in
support of his opinion—he could not discover the slightest
libel in the article, neither had his Learned Friend, either in
his declaration or speech called attention to any special case
of libel. The plaintiff was a public character, and as such
open to public criticism upon his character by the public
journalist. There was not a public measure connected with
politics which had been commented upon by the public jour-
nals, the leaders of which were not critised in language
ten times more strong, and to which the present libel
was mere milk and water. If the course adopted
by the plaintiff had been pursued by all those pub-
lic characters, the courts of law would have been occu-
pied with nothing else but trials of this nature. It
was essential to the character of public men that this public
criticism should be allowed to exist, and it was difficult to
weigh nicely the amount of power to be conceded to the
public press, though there was no doubt that if a public
writer abused his power to propagate wilful slander
he was deserving of punishment for se doing; and
he was certainly most surprised that a public character
like Mr. Wakley, and himself the editor of a journal, should
have thought fit to adopt the present proceedings. It would
be for the jury to consider whether, under all the circum-
stances of the cue, there was anything in the article calcu-
lated to affect the character of the plaintiff beyond
his public capacity, and whether the defendant had
exceeded the proper bounds due to him as a public
journalist. They must not allow themselves to be carried
away by the vehement, violent, and unjustifiable language
towards the defendant used by the Learned Attorney- General
in opening the case, but calmly and fairly to consider the
question, and the result of that consideration would, he fear-
lessly believed, be a triumphant verdict for the defendant.
The LORD CHIEF BARON, in summing up, said that as the
publication of the libel was admitted, and as no justification
had been attempted for the libel in question, their duty would
be to return a verdict for the plaintiff. It would be for them
to say, however, what amount of damages should be returned.
A great deal of very violent language had been used by
the Learned Counsel on both sides, but it would be the duty
of the jury to divest their minds of the effect of
all such expressions, and to consider whether the de-
fendant was really justified in publishing the libel
complained of by the complainant. It had been said
that the leading article; containing the libel was
published by the defendant upon a trial which had
before that period taken place. The jury, however, must be
told that no man having paid damages for a libel purchased ,
the liberty to repeat, or to re-publish it in the manner com-
plained of. It had been said that the publication of a trial
was perfectly orthodox. He wished it to be un-
derstood that in case of any trial for libel, or
blasphemy, when the matter complained of was reprinted
it became a question for the jury whether it was intended
by the republication of the libel or blasphemy, to repeat the
same with a malicious intent. The report of the trial in the
present case, as published in the Medical Times, appeared to
be perfectly correct. No doubt it had been copied from the
notes of some shorthand writer, employed for time occasion.
The public reports of the law courts were performed in the
most efficient manner, and reflected generally the highest
credit upon the parties employed in reporting these cases.
The jury retired, and after an absence of 55 minutes, re-
turned a verdict for the Plaintiff.—Damages, 1751.

REEVES V. MARQUIS OF 6ONNYNC3IIAM.
Thii was an action brought to recover of the defendant the
sum of 351. for articles of upholstery supplied to the Mar-
chioness.

The noble defendant pleaded that he was not liable to this
claim, on the ground that his Lordship was living separate
from• the Marchioness at the time of the debt being con-
tracted, and allowing her Ladyship full and ample means of
maintenance.
I.lr. llumfrey and Mr. Temple appeared for the plaintiff;
Sir F. Kelly and Mr. Lush for the defendant.
The plaintiff was an upholsterer, carrying on business in
Piccadilly, and during the years 1843 and 1814, the Mar-
chioness had made several purchases at his premises, some
of which were sent by her ladyship's directions to a mansion
in Portland-place, at the residence of her sister, the Duchess
of Richmond, others to Berkeley-square, to Richmond, and to
Mivart's Hotel. Various other articles of the goods were also
sent to the Duke of Richmond's residence in Scotland, Gordon
Castle. A balance of 35/. was due upon these various trans-
actions, and the' plaintiff, not having been able to obtain
payment of the sum from her Ladyship, the present action
was brought to recover the sum from the defendant. The
sale and delivery of the goods in question having been
proved,
The Duke of Richmond was called, who fully admitted
the receipt of the articles forwarded by the Noble Marchioness.
When he discovered that these articles were not paid for,
and that an action was brought to recover payment for
them, he offered to pay the demand. The Marquis and Mar-
chioness were not living together at Richmond in the year
1843, but the latter had resided there after his separation ;
the establishment having been kept up for her Ladyship.
The allowance paid to the Marchioness was 2,400/. a year.
Sir F. KELLY now conteadcd that this sum was amply
sufficient fur the maintenance of her Ladyship, and that,
therefore, the Marquis was not liable for the payment of the
debts contracted by her.
The LORD CHIEF Baßoie said that the fact of the allow-
ance having been proved, and that sum being considered
sufficient for her maintenance by her Ladyship herself, hav-
ing accepted the same from time to time, the plaintiff must
be nonsuited.
The plaintiff was nonsuited accordingly.

COURT OF COMMON PLEAS, Feb. 11.
G1L8.4 V. SMITH.
This was the third of the thirteen actions brought by the
plaintiffs, Messrs. Francis and Alfred Giles, engineers, to
recover 1,560/. for work and labour done in preparing the
plans and sections of th, Tunbridge Wells and Rye Harbour
Railway. The present defendant is Mr. Smith, a solicitor
in the city.
The difference between the present case and the two we
gave yesterday consisted in the fact that the defendant had
been present at a meeting of the provisional directors, held
on the 27th of October, 1845, at which certain resolutions
were agreed to. The first resolution was one in confirmation
of certain business done at a previous meeting, held on the 16th
but which the defendant had not attended. On the 16th the
principal business transacted was appointing the plaintiffs
the engineers of the company, and instructing them to pro-
ceed with the survey and preparations of the plans, &c.
It was by the meeting of the 27th, confirming this contract
and arrangement with the plaintiffs, that the liability
was sought to be affixed on the defendant. The evidence ad-
duced during the day was mainly to strengthen the alleged
liability springing out of this transaction.
For the defence, it was contended that the transactions of
the 16th did not bind any parties but those who were
present, and that the defendant, not having taken any part
till the 27th, had nothing whatever to do with the contract.
The LORD CHIRP JUSTICE having summed up at great ,
The jury, after a consultation of about a quarter of an
hour, returned a verdict for the defendant.

POLICE INTELLIGENCE,
LAMBETH.
Yesterdayin
atsha e:naeleplaced
allat:efaadn2lwaotatshh.
to,
hiCbaeiutbnt gat
ar,h tiofhsenewct mhoducea
Court,
following
alfroog,
,roo,
hadn Og disorderlye fhboearerdng,
ewc
conduct,
who tiredcutce tdat ,
w
Maurice Callaghan, 117 I', deposed that about twelve
o'clock on the preceding night he heard a loud screaming in
Bolton-street, Kennington-common, and on going to where it
proceeded from he found the prisoner very much intoxicated.
lie then told her, that unless she was quiet and went home.
at once, he should take her to the station-honse, and she
promised she would do so. In about an hour after, in passing
the house, No. 20, Bolton-street, where the prisoner's
(laughter lived, he saw a strong light and the door open ; he
entered the house, and on going into the parlour found the
candle turned down upon the floercloth, the floorcloth and
a part of the wainscoting on fire, and the prisoner lying
on the floor at a short distance from the flames, inani-
mately drunk. Her (laughter was also seated on a chair
in the same room so drunk as to be incapable of affording
her mother the slightest assistance, or even calling out
for assistance, so that if witness had not gone into the house
when he did, the house must have bees burned down, and
both the prisoner and her daughter would have perished.
The witness added that the present was the third time of his
having the prisoner in custody within a few weeks.
don,
lesa to idhe
bear.r trou-
bles prisoner, who has been but a fewweeks divorced from
bhieers husband,ratmo adnrinokf
property
more tha than ts
she i n
wasg

Mr. Noarow observed that it was a great mercy herself
and her daughter had not been burnt to death, and ordered
the prisoner to find bail for two months.
Soon after, the son-in-law of the prisoner, who is a re-
spectable man, holding a public situation, applied to Mr.
Norton to know what he should do about his wife, who had
been made a common drunkard by her mother, and was
distressing him beyond measure, and harbouring her mother
contrary to his wishes. His mother in-law had disposed of
furniture that cost her nearly 3001. for a mere trifle, and, not
content with doing so, sold part of his property also.
Mr. NORTON told him he should be particular as to the
bail be should receive for her liberation, and the applicant
had a right to prevent her coming to his house if ho thought
proper.

THE CHRISTIAN NATIVES OF TAHITI.—Lord Pal-
merston has intimated, in answer to the numerous addresses
presented to him, that he is in negociation with the French
Ambassador on the subject of Tahiti. His Lordship states
that "he has every reason to expect that an arrangement
will be effected satisfactory to the memorialists, and the
protection of national and personal rights."—Cheltenham
gzumirter.