The Sun.
London, England, 1847-02-11 00:00:00

THE SUN, LONDON;

personal imputations passed upon me in the conduct of the
ewe.
Mr. COCKBURN—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 CHIEF 13saox—I think, Mr. Cockburn, that
some concession is due from you to the Attorney-General,
Tou 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 mot the slightest idea of impating
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 ATTORNEY-GINEBAL—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. COCKBURN-1 am much obliged to you. 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 a person who was a disgrace to his profession, and such
an one es caused him to blush for the character of that pro-
fee-ion. He (Mr. Cockburn) had watched his Leal aed
Friend closely, and hal 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. Wekley had obtained a
victory over, and from the defendant, what then was
to be expected, but that the defendant, the proprietor of the
Medical 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, smastin_g under the effects
of a victory, would use rather strong language upon the subject ?
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 eenee 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
politic-, which had been commented upon by the public jour-
nals, the leaders of which were not ctitiscd 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 dee 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 uo 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 case, 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 thetmelves to be cart ied
away by the vehement, violent, and unjustifiable language
towards the defendant used by the Learned Attmaey- General
in opening the cats, 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 CIIIEF BARON, in summing up, said that as the
publication of the libel was admitted, and as ro justilicatien
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 expressione, and to consider whether the de-
fendant was really justified in publishing the libel
complained of by the complainant. It bad been said
that the leading article; containing the libel was
published by the defendant upon a trial which bad
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 coin-
plained of. It had been said that the publication of a trial
was perfectly orthodox. lie 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. 'I he 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 tile 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 IPONNTSGIIAM.
This was an action brought to recover of the defendant the
sum of 35/. 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.
Mr. Ilumfrey 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 18-13 and 1844, 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/. wai 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 contended that this sum was amply
sufficient for 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 BARON 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.

COMMON PLEAS.-(THIS DAY.)

GILLS V. SMITH.
This was the third of the thirteen actions brought by the
plaintiffs, Messrs. Francis and Alfred Giles, engineers, to
recover 1,5601. for work and labour done in preparing the
Plans and sections of the Tunbridge Wells and Rye Harbour
gailway. The present defendant is Mr. Smith, a solicitor
id do 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 transactor' was appointing the plaintiff's
the engineers of the company, and instructing them to pro-
ceed with the survey and preparations of the plans, 411 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 CHIEF JUSTICE having summed up at great
length,
The jury, after a consultation of about a quarter of an
hour, returned a verdict for the defendant.

NEWMARKET AND CHESTER-
FORD RAILWAY.—(THIS DAY.)
The first half-yearly general meeting of the proprietors of
the Newmarket and Chesterford Railway Company was
held at one o'clock, this day, 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 SECRETARY 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 info 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 es 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
from 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 5/. per
share, payable on or before the 22c1 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, negotia-
tions have been opened by that company, but they have 1
tailed to produce any result.
"In consequence of the short period which intervened be- II
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.
perut share,. which anticipation has been satisfactorily borne
share. e total expenditure being 9,201/. or 13s. ld. per
osticarrealliwitthatyro,esasipety:itsthtouantthe contemplated extensions of the line
unani-
mously adopted at thnieenceeBsarY gave instructions to their first
necessary steps to comply
'lament, previously
railway from Newmarrlelty
Edmunds, with a branch to
raised by subscription, to enter much into detail;
aaATol,ufc;;ts solicitors,h
to
o meeting,resolutions
e extend
t enthd teothdt the line
rukleinecnatetonhori
the
to t,,niSitto withnslEt
plying
pursuance:
engineer,
ferhoe.:errl Standing Orders of Par-
posits, consisting of 35,625/. a-nldsT.3helt;
vested in the Three per Cent. Consols." and to Bury St.
reri.ite capital was
,have since bran in-
T h e CHAIRMAN then said that, in bonging before 'it:

notice of the meeting a resolution to the effect ghat 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 oprosition
they bad met with. He would conclude by moving ULU the
report be adop*cd.
Mr. J. G. Farm, the deputy chairman, seconded the reso-
lution.
Mr. COOPER, of Cambridge, wished to observe before the re-
solution was put to the meeting, that be regretted the terms
offered by the Eastern Counties Company had not been ac-
cepted. He 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 wes 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 negociation with the Eastern Counties Company
had terminated.
Mr. J. V. SHELLEY, one of the directors, replied that
if any overtures were to be made again by the Eastern
Counties Company they would 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-elected, 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
negociation 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. PACKER seconded the resolution.
The directors were then separately elected.
The CHAIRM&N 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. CLOWES seconded by Mr. FULLER,
the auditor of the company was alt.o re-elected.
This hal, ing concluded the business, the meeting sel?arated.

SOUTHAMPTON AND DORCHES-
TER RAILWAY.—(THIS DAY.)
The half-yearly general Meeting of the Sharebotders of
this Company was held to-day at the terminus of the Lon-
don and South Welters Railway. Nine Elms: Lord De
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 11311P1 business had been transacted.
It world be necessary, according to the standing
to the standing orders to call another meeting at a longer
rotice.
The register of shareholders in the company was then sub-
mitted 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 fall statement of the
affairs of the company had been laid before the proprietors that
it would be only necessary to state with respect to the bill for
making the Lyminsi,on and Ealing branch as well as the
other Bill., that they were all before Parliament,
and had been rind a first time, and that the
directors had made an arrangement with the engi-
neer, by which their line would be opened in three
months. The report then stated that the total receipts were
142,411/. 7s. 3d., the expenditure 137,4561. 10s., and the
balance 4,9'5/.

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. Hatibury, Esq., as auditor.
The CHAIRMAN s id, he wished to inform the meeting
that a greater progrc._s had been made in the works than
was originally expected, and that the directors were of opi-
nion that the line would be opened on the Ist of May, and
the contemplated accommodation would thus be afforded to
the public, as well as an increased facility to those visititing
Weymouth, &c., for the purpose of bathing.
Mr. HonNE moved that 600!. per annum should be placed
at the disposal of the board from the opening of the line, to
meet the contingent expenses.
Mr. HEATH seconded the resolution, which was unani-
mously adopted.
The CHAIR3IAN said that he had just been informed
by their engineer that the line would be open for inspection
on the Ist of May, bat that it would not be open to receive
passengers, or for traffic purposes for a few days afterwards.
J. Carsr, 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. CuArtmt seconded the resolution, which was put and
carried.
The meeting then separated.

TATTERSALL'S-THIS EVENING.
SIX O'CLOCK.

2,000 GUINEAS STAKES.
7 to 1 agst Conyngham
CHESTER. CUP.
20 to 1 agst 31endicaut
25 to 1 agst The Lamb—taken
30 to 1 agst Flitch
30 to 1 egst Camera Obscura
40 to 1 agst Antler
30 to 1 agst Bedlam
30 to 1 agst Punch
40 to 1 agst Duke of Richmond
45 to 1 agst Mickey Free
50 to 1 agst Intrepid
50 to 1 apt Bonrton
50 to 1 agst Sir Tatton Sykes
55 to 1 agat Princess Alice—taken
G 6 to 1 agat The. Premier (3 yrs)

DERBY.
15 to 2 agst Van Tromp
13 to 1 agst Epirote (taken)
14 to 1 agst Planet
20 to 1 agst Glentilt
25 to 1 agst Conyngham
30 to 1 agst Red Hart
40 to 1 agst Lunedale
40 to 1 agst Horn of Chase (taken)
50 to 1 agst the-Wisp
.50 to 1 agst Bedlam
66 to 1 agst Limestone
OA KS.
8 to 1 ag,st Farmer's Daughter
9 to 1 agpt Clementina
20 to 1 agst Ellerdale

PETITIONS ON PRIVATE BILLS.
HOUSE OF COMMONS.—(THIS DAY.)
(Room 22, before Mr. Examiner Small.)
UNOPPOSED LIST.
In the following unopposed cases the customary formal
proofs were put in, and the standing orders complied with :
Dundee and Perth Railway, alteration and extension,
and Inchture, Polgavie, and Inchmichael Branches.
Dundee and Newtyle Railway, widening, altering, and im-
proving.
Newry and Enniskillen Railway Act Amendment.
OPPOSED LIST.
Caledonian Railway—Branches to Canobie, Langholm,
Longtown, Milton, Annan, and Dumfries, with side Branches.
This opposed case was then resumed. It occupied the
rest of the day.
(Room 23, before Mr. Examiner MAY.)
UNOPPOSED LIST.
In the following unopposed cases the customary formal
proofs were put in, and standing orders complied with, ex-
cept in the second case, which was adjourned for the pro-
duction of an affidavit
Braintree and Halstead Railway.
Great Northern Railway Branch to King's Lynn
Great Northern Railway Deviations between London and
Grantham.
Ayrshire and Galloway Railways from Smithetown to Dal-
mellington, from Dalmellington to Castle Douglas, from
Castle Deuglas to Orchardten Tower, and from Orchardten
Tower to Balcary Point, with Branches to Gibshale asd
Porterbelly.
Ambergate, Nottingham, and Boston, and Eastern Junc-
tion Railway, alteration of line and branches into or near the
town of Nottingham.

OPPOSED LIST.
LONDON AND NORTH-WESTERN (BIRMINGHAM
AND LICHFIELD EXTENSION AND AMEND-
MENTS).
Some unimportant allegations against this petition were
sustained.

SOUTH STAFFORDSHIRE RAILWAY (CANNOCH,
WYRLEY, AND NORTON BRANCHES, AND
AMENDMENT OF ACTS, AND POWER TO BIR-
MINGHAM CANAL COMPANY 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.

IMPERIAL PA RI lAMENT.

(THIS EVENING.)

HOUSE OF LORDS.

The LORD Cal:gm...Lon took his seat on the Wool-
sack at Five o'clock.

CHELSEA PENSIONERS' BILL.
On the motion of the Marquis of LANSDOWNE,
this Bill was read a third time, and passed.
DUTIES ON RUM.
The Earl of RADNOR presented numerous petitions
from Cupar, Fife, Perth, and other places in Scotland,
against the proposed alterations in the duti

pi ~, —uties on rum.
POOR-LAW SETTLEMENT.

The NOBLE EARL also presented a petition from the
city of Old Sarum praying their Lordships to amend the
law relating to the Poor-law Settlement Act.
POOR REMOVAL BILL.

Lord BLANEY presented a petition from Monaghan
against the Poor Removal Bill.
HYDROPATHIC TREATMENT.

Lord BROUGHAM presented a petition, signed by
Mr. Rowland, a surgeon, stating that he had heard with
surprise that a verdict of manslaughter had been re-
turned on a coroner's inquest against a gentleman for
treating a patient under the hydropathic treatment.
The NOBLE LORD also presented a petition, signed
by a Mr. Ross. of the same nature, (as we understood).
HEIR•AT-LAW SOCIETY.
The NOBLE LORD also presented a petition from
the managers of the Ileir-at-law Society, com-
plaining of the conduct of certain city magistrates
in hearing charges against them relating to the way in
which their society was conducted, without giving them
an opportunity of meeting these ex parse statements.
The Noble Lord said that this was a subject which had
been repeatedly complained of. The magistrates had no
right to entertain these charges nor even to listen to
them, and he hoped that an end would be put to a mode
of proceeding so unfair.
NATIONAL POOR RATE.
Lord WALSINGHAM presented a petition from
Swaffham, in the county of Norfolk, praying for the
abolition of the present law of settlement, and that a
general national rate should be enacted. The Noble
Lord did not wish to be understood as concurring with the
petitioners in all they had stated, but was of opinion that
the subject was one into which inquiry should be made.
t,i,:astlre to hoar thlt it wns i!
N.,t Liird urar him (Richmond) h-,1
paid a good deal of attention to the matter, to move for
a Committee of Inquiry into the subj9et, and he would