The Sun.
London, England, 1851-06-02 00:00:00

QUEEN'S BENCH.7(THIS DAY.)

(Sittings in Banco.)
DUKE OP BRUNSWICK V. HARMER.
titr. E. JADES moved for a rule calling upon the plain-
to4 Show cause why he should not pay the ongt.s dm
unit trial. The Learned Gentleman made the applica-
xt°° on special grounds, which he stated to the Court.
tr°Ppeared from the affidavits that in 1848 the Duke of
‘thawick brought an action against Mr. Harmer, the
t~t°Prietor of the Weekly Dispatch newspaper, which was
t)(l,.,in 1849. when a verdict was obtained by the Duke
beßrunswick for 500/. damages. The action was
(.111ght for an alleged libel contained in the Weekly
b,'",atch newspaper on the 19th of September, 1830,
IT the Statute of Limitations was pleaded to that libel.
br..l. the trial, however, a person named Casimer
thbedd was called by the Duke of Brunswick
ti Swear that shortly before the trial he bought
the Weekly Dispatch office a copy of the
paper of the 19ttiof September,lB3o, and as that evidence
tt°Yed a publication within the time specified by the
Art, the plea, wkich went to the Statute of Limitations,
~,44 t defeated. Subsequent inquiries were made, which
„faulted in affidavits' being made that induced the Court
grant a new trial on the ground that the previous
frdict had been obtained by perjury.
Lord CAMPBELL—It appeared to the Court that the
rPer had been improperly obtained, and it was there-
ifie to be advisable that another jury should
roots
into the matter; but what was said about the
',its in that rule?
JAMES said the costs were to abide the event.
hen the case came on again for trial before Lord
144:113bell the verdict was found for defendant. Casimer
inhold, who had been called en the previous occasion,
Oa not forthcoming on this, and of course in his absence
there was nothing in the evidence to negative or defeat
Statute of Limitations. The affidavits upon which
Low moved went to show that the Duke of Brunswick
rtself was pvivy to the means by which the verdict
I°l' 5001. was obtained. The affidavits stated that the
tike must have been aware that the paper produced
,n,° the first trial was not purchased at the Dispatch
v4tee, as Ca.imer Reinhold had sworn.
th,!dord CAMPBELL remarked that on the second trial
was not diAputed.
t. Ur. JAMES said under the circumstances be was en-
Wed to this rule. The principle this motion rested
t,13 ou he believed was a elrrect one. It was no more
gall this, that where justice has been defeated by the
thricluct of one party, the Court will interfere to make
Ira pay the costs of the trial.
Lord CAMPBELL—Have you any analagous autho-
Mr. JAMES said there were the ordinary cases.
Lord CAMPBELL—No; have you any case to show
that
after a new trial had been granted, and the trial
4as been had, the Court have interfered to make an
°rder about the costs of the trial? _ _

Mr. James said he had no case precisely in point, but
therethere was a somewhat. analagous case in the Common
kleas, where after instalments had been paid and judg-
kept signed ,under a warrant of attorney, the Court,
finding that the warrant had been obtained by fraud,
ordered the judgment to be set aside and the instalments
to be refunot d.
Lord CANPisEtic.--Did the facts there disclosing the
fraud ewe to light, after the judgment had been'signed?
Mr. JAMES replied in the affirmative, and here the
facts had come out since the second trial. He therefore
tubmitted that he had established a sufficient case to call
Upon the plaintiff to answer the matters in the affidavits.
Lard CAMPBELL—Take a rule to show cause.
Rule nisi acoordingly.

EXCHEQUER.-(THIS DAY.)
The casts argued before their Lordships this morning
possessed no feature of importance except to the parties
immediately interested.

COMMON PLEAS,—(T HIS DAY.)
In the case..of "Shelton v. Springate," which was tried
before Hr. Russell Gurney, in the Sheriffs Court, on
the 29th of May, and in which a verdict was found for
the plaintiff, who was a coffee-house keeper, for 50 gui-
neas, being the cost of board and lodging supplied to the
defendant's son, who was under age, the Court granted a
rule to show cause why there should not be a new trial,
on the ground of misdirection, and the verdict being
against the evidence.

DEPARYURE OP HER. MAJESTY AND THE FOREIGN
PRINCIS TO AMEND ASCOT RACES.—Her Majesty and
Prince Albert, accompanied by their illustrious children and
by their Highnesses the Duke and Duchess of Saxe Coburg,
and Duke Ernest of Wirtemburg, with their respective suites,
and attended by Lord Dufferin, Lard in Waiting, Viscountess
Jocelyn, Lady` in Waiting, the Hon. Misses Seymour and
Stanley (Maids of Honour), the Colonel Charles Grey
(Equerry),:and the usual ret nue, left Buckingham Palace
this afternoon, for Windsor Castle. The royal cortege was
escorted from the Palace to the Paddington Terminus of the
Great Wesfertt Railway by an officer's party of the 16th
Lancers, and travelled by special train to Windsor, where
the Queen was received by a Guard of Honour of the Foot
Guards Prince Henry of the Netherlands, Prince Lei-
ningen, Prince Edward of:Saxe Weimar,and a brilliant party
are expected to assemble at the Castle during the races.
ROYAL ACADEMY CONCERTS.—The third of these
concerts took place on Saturday at the Hanover-square
Rooms, and the performance gave proof of satisfactory pro
greys on the part of the pupils. Among the vocalists Mies
Blanche Young and Miss Mary hose were particularly
worthy of commendation. The latter young lady sang
Sphor's beautiful song. " Rose softly blooming," with great
taste and' sweetness. The pianoforte playing of Miss
Bertha Sturt and of Mr. Thomas reflect great credit on
their instruc or, Mr. Sterndale Bennet; and the violin solo
of Mr. Cusins (who is also an excellent pianoforte player)
was, whether as regards tone, style, or eaccation, a finished
performance. Mr. Lucas conducted, and tl. Salmon. was
principal violin.