The Sun.
London, England, 1848-06-22 00:00:00

.1 • 1-
$.l"
JUNE 22, 1848.

it would he competent for them to refer to it for the
latter purpose.
Lord DENDLIN repeated that could not be done, inas-
much as it was not pleaded that the plaintiff published
the book.

Mr. COCKBURN—Then I challenge my Learned Friend
to let me put in the heok and to acknowledge it. If
the object of the plaintiff is to vind,cate his character,
let the book be put in. I am prepared to stand or fall
by it. If he will let us put in the book I will venture to
say that notwithstanding the reply my Learned iFriend
would then be entitled to make you would not give him
a farthing damages.
Sir F. TBESICER.—That is rather hard upon your
" Learned Friend."—(Laughter.)
Lord DENMAN.—I fear I should be obliged to prevent
his accepting the challenge.
disMours.sCthocelinnat:ertingspirtoscteoeodde,dbutot
hseayootnhidat
nothe dmoussot thep with-
outjai
n.ct
jortehnatti commenting
wuapsonbritnhgei
bringing
frivolous ,aoni sti
action
pretencet,
,r vi n d ofin a
vindication
hwaarstahcteht eer
questionnaodreyde
tfool if re
rht Irhsein g ftianiwdr
lihyvei whenbetween an 013 ortrehtpeurnpe isateyrnt
ito:csdc, uhwrihrmeed:
self to be, or the impostor he was called in the libel,
that he should prevent the trial of the issue by resort-
ing to technical objections. His Learned Friend was
undoubtedly, justified in taking his stand on the record,'
but let it be understood what was, in consequence, the
question at issue, and do not let it be said after this, that
in winning the action Mr. Cochrane had obtained' that
vindication of his character which was his pretence for
bringing it. They were now limited to the question of
publication, which was admitted, and the consequential
question of damages. The jury would observe that this
was a case in which there was no pretence for saying
that the defendant had been guilty of malice, nor was it
a case in which the plaintiff had bden dragged from
private life before the public. On the contrary, the
plaintiff had placed himself before the public and had
assumed a public character. The defendant, who was
an elector of the city the plaintiff sought to repre-
sent, believing these were matters respecting him which
required explanation, called for it, but had only been
answered by that action. His Learned Friend did not
deny that the plaintiff had gone wandering about in a
high-peaked conical hat, with a great overshadowing
brim, a profusion of hair, a huge mantilla cloak, a
variegated vest, and indescribable inexpressibles; and
that in this disguise he had introduced himself into pri-
vate families, where it was said that gold and silver, iiot
to mention other favours, had been heaped upon him.
He had published his adventures in a book, but that was
carefully withheld; and by an oversight on their part
they could not offer it in evidence. He therefore only
referred to it with reference to the question whether he
had a right to impute malice to the defendant or not.
The Learned Gentleman then proceeded to argue that
there was no evidence of any malicious motive; that
the defendant was morally, if not legally, justified
in the course he had pursued; and concluded an
eloquent speech by urging upon the jury that very
tion.
small damages would afford the plaintiff ample satisfac-

Lord DENMAN, in summing up, said he would read to
the jury what the libels were, and after snaking a few
observations leave the case in their hands. His Lordship
then read the first libel, as follows :

MR. COCHRANE AND THE ELECTORS OF WESTMINLTER.

To the Editor of the Sun.

" Sir,— As an elector of Westminster, allow me to ask
whether the Mr. Charles Cochrane who now so osten-
tatiously parades his pretensions to represent Westmin-
ster, is the same person as one Senor Juan de Vega who
some few years back published a journal of a tour
through Great Britain and Ireland, and who then para-
ded a series of adventures in various towns and places
at which modesty and ,decency felt ashamed, and whose
public avowal signally proved the want of good taste
and common propriety in the writer ? If they be one
and the same person, the electors of Westminster ought
to know it. If not, Mr. Cochrane cannot too soon disown
the identity.

"I &m, Sir, your obedient servant,
"St. James's, Feb. 12." " ALPHA.
Now to this letter the defendant appended the note—
" We cannot answer this question, but perhaps Mr.
Cochrane will?" and he (Lord Denman) must say he
thought the question was a pertinent one, and that he
ought to have done so. If a book containing the adven-
tures of lion Juan de Vega were published, and was
supposed to contain improper passages, he thought it
was fair for any man under the circumstances to say to
the defendant, " Are you or are you not the author of
that book?" and that the defendant should have an-
swered the question. His Lordship then read the second
libel as follows.:—
" WESTMINSTER ELECTION.
" To the Editor of the Sun.
" Sir,—A correspondent in your excellently con-
ducted journal asks Who is Mr. Cochrane, the pre-
sent candidate for the representation of Westminster?
Jaohe _Abe Coc.b.ran whor..aorae—yeatiNsinee,
travelled throughout the country as a Spanish min•
strel? Is he the party who published a descriptive
account of his wanderings through Kent and Sussex?
These questions require a straightforward answer,
since it must not be borne, it must not be tolerated
that the large and influential city of Westminster shall
be represented by a person who, in the disguise of a
travelling musician, succeeded, in many in-
stances, alas ! too many instances, in in-
sinuating himself into private families, and
afterwards exposed the flirtation of sundry misses, some
in their teens, and others approaching that questionable
age when ladies begin to think they are forgotten by the
sterner portion of the sex. I do not state that Mr.
Cochrane is the man who thus acted. Ido not aver that
he is the individual who published sundry amours in his
book, which he pretended took place at Canterbury,
Dover, Hastings, and Brighton. I can scarcely believe
that a man who could betray the confidence of any
female, after having been fed and pampered to satiety
by her friends, and supplied with money, believing the
said individual to be in the Condition of an unfortunate
political exile, would dare to affront a highly respectable
and honourable constituency with his presence. But,
sir, you say, Perhaps Mr. Cochrane will inform the
electors whether he is the person I have thus hastily
alluded to ?' My reply is, do. not take Mr. Cochrane's
word for his innocence. I knew the wandering minstrel,
the poor amiable young man, who had been driven from
friends and home owing to political disturbances in his
own country. I have seen him often, but not since he
rnayrketd
gathered silver and gold from those who pitied his pre-
tended misfortune—from those who fostered the viper—
who felt for and syrem of dtopteuaib, tht.oi sfe dTßhwueipt
Rupert-street,
yet there is a probability of clearing up the point
r.
beyond
able
e to identity him;
pthreintpeodssibbyilitmy
and I have reason to know that that gentleman
isper-
fectly acquainted with the person of Mr. Cochrane,
and
can, therefore, without difficulty, set the matter at rest,
and thus ease the minds of many parties who have pro-
mised Mr. Cochrane their support, but who would at
once withdraw it if Mr. Cochrane can be identified as the
wandering minstrel. Allow me to add that for years
Mr. Brettel has taken a very prominent part in the
Westminster election; he is a Liberal, too, and would no
stmsr tree in
his
workayas s wased
u m
distressed condition, and I might be
doubt, not only for the credit of the House of Commons,
but for the honour and reputation of Westminster, set
the matter at rest.

" I am, Sir, faithfully yours,
"Fleet-street." 4, J. w.
Now here were the same questions, and he must repeat
that he thought Mr. Cochrane ought to have answered
them. The third libel was this:—
"MR. COCHRANE AND THE ELECTORS OF WESTMINSTER.
" To the Editor of the Sun.
"Sir,—ls Mr. Cochrane the same person as Don
Juan de Vega,' or is he not? If he be the same person,
then the violated hospitality and outraged kindness
shown to him at Brighton, Canterbury, Dover, and other
places, will rise up in judgment against him, and serve
as a warning to the electors of Westminster not to con-
fide in any such wandering personator. If he be mot
Juan de Vega, then why not disown it ? Let Mr.
Cochrane beware, if he be the fraudulent Spanish re-
fugee that Juan de Vega pretended to be, that he does
not meet such an exposé as he well deserves, if identical
with that vagabond.—Yours, an Elector,
"Feb. 16, 1847." J. C.
This letter was followed by the one which was chiefly
complained of.—(His Lordship then read the fourth
libel, which will be found printed in the speech of Sir
Frederick Thesiger.) The plaintiff had brought his
action for the publication of these libels, but he had
not said whether he was the author of this book or
not, or whether he was the wandering minstrel, whose
adventures were described in it. He had left the de-
fendant to justify himself as well as he could. The de-
fendant had pleaded a number of pleas, and the plaintiff
had demurred to them, as being too general. The
defendant had liberty granted to him to amend ; but instead of doing so, he left no plea but that of "
Not
Guilty" on the record. He much regretted the course
taken on both sides. It seemed to him to be a sort of
ingenious contrivance to keep the jury in perfect igno-
rance of the truth of the case they hal to try. The
plaintiff said he came to vindicate his character, but he
would not acknowledge whether he published the book
or not ; and the defendant would not plead that tho
plaintiff published it. It was quite plain that in pursu-
ing this course the defendant had not done himself jus-
tice. He (Lord Denman) could not conceive why it was
that, in a court of justice, the truth was thus always lost
amidst forms and technicalities ; so, however, it was at
present. Under these circumstances, they had to say
whether the plaintiff was entitled to more than nominal
damages. _ _

The jury retired for some time, and returned into
court with a verdict for the plaintiff—Damages, 40s.

DEATH OF MAJOR-GENERAL SIR FULLERTON
DUNDAS, BART.—Th:S Baronet, for many years, a dis•
anguished officer in the East India Company's service,
died on the 16th inst., at Richmond, Surrey, in the 63d
year of his age. He is succeeded in the baronetcy by
his brother, Captain John Burnet, R.N.
Lord and Lady Strathmore, Sir Hervey and Lady
Bruce, and many fashionables, left Blackwall Pier yes-
terday morning, by the General Steam Navigation Corn
pany's Mail steam-ship, Rainbow, for Rotterdam, en
route to the Loo, where the Great Falcon Hunt will
commence at the end of the present week.

The Secret Committee "appointed to inquire into
the causes of the recent commercial distress, and how
far it has been affected by the laws for regulating the
issue of Bank-notes payable on demand," hose
agreed to the following (their first) report :

In obedience to thu order of the House, your Corn
mittee hlve inquired into the matters referred to them,
and, having concluded their investigation so far as re-
lates to England, have thought it advisable to report to
the House their opinion on this branch of the subject,
tcgether with the evittence.
To complete the labour intrusted to them, the inquiry
must be extended to Scotland anti Ireland, and the Com-
mittee will proceed on this duty without delay.
During the period of difficulty, deputations from
Liverpool and Birmingham had communicated with the
Government. Your Committee therefore .thought it
hest to commence their inquiry by examining Mr.
Hodgson and Mr. Turner from Liverpool, and Mr.
Murata and Mr. Salt from Birmingham.
Mr. Gurney, an eminent bill-broker, Mr. Bates, of
the firm of Baring Brothers, and Mr. Beavan, a London
banker, and selected by the London bankers, yvers
taem
tihn
ee d d
ibsytr
et h Committee,
s se
anddiffi o u l
ymorewhich especially
had
been
experienced with respect

in the metropolis.
.connected
bankers, and Mr. Pease,.
ed in the course of our
coal districts, were also examined
investigations.
ings of the Bank
' the proceed
Full evidence respecting s selected e
withcted byth
e the country
northern
were given to the Committee y_
de utv-govertior, and by
diretor, by the governor and r .
'the Bank in 1844.
vernor-ot
Mr. Cotton, who was go
he Committee much
The Bank 'has also furnished to t
Mr. Birkbeck, a private banker,
Appendix.
at emn
amongst
inogns
tet to
rheoeclueBrWs4s monetary
i7itt:yefossoreftshper
Providing
system.examinedadvisablebe-
foremuch
ce
dt before
enetemdeai your
mp oorf Committee,t
Among other causes, the deficient supply of cotton,
the diversion of capital from its ordinary employment
in commercial transactions to the construction of
railroads, the undue extension of credit, especially in
pectations of enlarged trade, have been stated, by some
of the witnesses, as having constributed to the same
pataiyo mn s e not
various
our transactions with the East,
result.
Your Committee see no reason to doubt that these
causes have in different degrees, in different parts of
the country, produced the effect thus ascribed to
them.

For the further development of the views enter-
tained on these various points by the gentlemen whom
they have examined, they must refer to the evidence.
With regard to some of the circumstances above re-
ferred to, provision has already been made by Parlia-
ment, and it must be obvious that others are beyond the
control of legislative enactment.
Many of the witnesses, including the Governor and
Deputy-Governor of the Bank 01 England, have ex-
pressed their belief that earlier steps in the autumn of
1846, and the spring of 1847, on the part of the Bank of
England, might have obviated the necessity for the more
stringent measures which circumstances compelled the
directors to adopt in April, and might thqs have pre-
veeted the alarm which was caused by those measures.
The grounds on which that belief is entertained, 'toge-
ther with the considerations which influenced the pro-
ceedings of the bank, are explained in the evidence of
those witnesses who were examined on this branch of
the subject. It is one in respect to which a wide discre-
tion must necessarily be lett with those whj are charged
with the management of the business of the Bank, and
your committee trust that this discretion will be exer-
cised with due prudence, if similar circumstances should
again occur.

—An opinion appears to have been entertained by
some persons, though not by the Governor and Deputy-
Governor of the Bunk of Eng' nd, that the Bank is
released by the Act of 1844 from any obligation, ex-
cept that of consulting the pecuniary interests of its
proprietors.

It is true that there aro no restrictions imposed by
law upon the discretion of the Baplt, in respect to the
conduct of the bulking as distinguished from the issue
department... But the Bank is a public institution, pos-
sessed of special and exclusive privileges, standing in
a peculiar relation to the Government, and exercising,
from the magnitude of its resource, great influence
the generalmercaiitife and monetary transactions of the
country.
These circumstances impose upon the Bank the duty
of a consideration of the public interest, not indeed en-
acted or defined by law, but which Parliament, in its
various transactions with the Bank, has always recog-
nized, and which the Bank has never disclaimed.
It is unnecessary to impose such duty by law, as
there can be little doubt that the permanent interests
of the Bank are identified with those of the public at
large.

That identity of interest gives both to the public and
to the proprietors of Bank stock a deep interest in every
measure calculated to ensure an enlightened administra-
tion of the affairs of the Bank.

Your Committee have learnt, therefore, with satisfac-
tion that the attention of the court of directors has been
given to this subject, and that a change has been made
by them, as to the selection of the governor and deputy-
governor, calculated, in the opinion of your Committee,
to improve the constitution of the governing body of the
Bank.
They feel confident that the effect of this change, and
the experienced which has been acquired during the
events of the last two years, will ensure to the public in
the future management of the Bank of England greater
benefits from this national establishment than it has
hitherto been the means of conferring upon the country.
Your Committee have received with deep regret
from many witnesses evidence of the extent of loss in-
curred by commercial houses in the course of last
autumn, fro.m an unprecedented combination of the cir-
cumstances above reterred to, and seriously aggravated
by the want of confidence which prevailed in conse-
qaence of the numerous failures, and which induced
bankers and others to retain a reserve both of gold and
of bank notes to a very great extent. It is to be ob-
served that this took place with a very large amount of
notes in the hands of the public, exceeding, in the
opinion of a witness most competent'. to form an
opinion, by no less than 4,000,000/., " the actual re-
quirements of the public at the time."
The feeling of alarm which prevailed appears to have
been immediately removed by the issue of the letter
addressed to the Bank of England, on the 25th of Oc-
tober, by the First Lord of the Treasury and the Chan-
cellor of the Exchequer.
The issue of that letter was, no doubt, an extraordi-
nary exercise of power on the part of the Government;
but the -House has decided that, in the peculiar circum-
stances of the period, they were justified in taking that
step. It will be seen, from the evidence of Mr. Cotton,
the Governor of the Bank in 1844, that the possibility
of circumstances arising in which some extraordinary
measures might be called for in consequence of a state
of monetary crisis, was not unforeseen by the Govern-
ment at the time when the Act of 1844 was passed.
The evidence which has been given as to the effects of
the Act of 1844 has been contradictory. Its beneficial
effects, as regards the issue of the country banks, have
been admitted by many of the witnesses, and although
some have suggested an alteration of its provisions, very
few have contested the general principles on which it is
founded.
Your Committee have had under their consideration,
whether it is advisable that powers should be confirred
by law upon the Government, to enable them to meet
the occurrence of any circumstance which may call for
extraordinary interference; but they have come to the
conclusion that, looking to the impossibility of foreseeing
what the precise character of the circumstances may be,
an
anede
t alsothe
mw,hi at t
is mayr be e
etxhpee
dmi
eenats
tuor e
leba ev set
tcalculated
tt
ho
whom the responsibility of the Government may rest at
the time, to adopt such measures as may appear to them
best suited for the emergency.
Your committee, therefore, after a careful review of
all the evidence, are of opinion that it is not expedient
to make any alteration in the Bank Act of 1844.
Jltie 8, 1848.

THE RESIGNATION Of THE REV. SIR H. R. DUKIN-
FIELD.—On Tuesday a treeting of the inhabitants of
the parish of St. Martin-in-the-Fields was held in the
vestry-room adjoining the church, for the purpose of
taking into consideration the propriety of presenting an
address to the Rev. Sir H. R. Dukinfield, Bart., the
vicar, on his resignation. Mr. P. Palmer, the senior
churchwarden, litivinc, taken the chair, Dr. Gold-
ing, of Charing-cross Hpspital ; Mr. Dalton, late
churchwarden; the Duke of Leinster; Mr. CJbbett,
chairman of the board of gu.rdians; the Rev. J. G. Gif-
ford, incounibent of St. Matthew, Spring-gardens; the
Hon. E. P. Bouverie, and other gentlemen, addressed the
meeting expressive of their regret at the resignation
of the Rev. Gentleman, who, during the thirteen years
he had been vicar of the parish, had done so
much good, especially among the poor, by the
establishment of institutions of the most valu-
able description for their benefit. Mr. Wilson, on
the part of the Dissenters of the parish, begged to ex-
press their regret at the loss the parish had sustained
by the retirement of Sir Henry Dukinfield, whose con-
duct in presiding over the meetings held in that room
when party
spirit ran high had endeared him to all.—
(H An address to the reverend gentleman,
written by the: Hon, VV, E. Gladstone, M.P., was then
unanlmouslyear, hear.)
adopted, and the meeting separated.
The Duke of Leeds sent two horses, Magnet and
Conceit, and
with two of Lord Strathmore's, left Lon-
don for Holland yesterday morning, by the Rainbow
steamer, to run at the races which commence at the 14°
on Tuesday mt.