The Sun.
London, England, 1851-04-28 00:00:00

ROLLS COURT.-(THIS DAY.)

MORGAN V. MORGAN.
The arguments in this case, which was an application
for a rehearing, were resumed this morning. There
had been a decree olyained in the cause in the year 1846,
Gia the crnstruction of a settlement of property upon the
widow of the testator, who was m.:de the tenant thereof
for life, and the question tow submitted to the Court
was, did such a disposition of the property entitle her to
the enjoi,lne nt of it it specie.

VICE-CHANCERY.—(THIS DAY.)
(Before Vice Chio,c,llor KNIGHT BRUCE.)
His Honour was occupied the wnoie morning with
short causes, none of which were of general interest.
(Before Lord CRANWORTH.)
His Lordship disptsed this morning of a number of
unopposed petitions, and wee afterwards engsged in
nenring mo,ions.
(13,.-for o Vice• Chancellor TURNER)
No business of iaportance %as brought before his
Honour to-uay.

QUEEN'S BENCH.-(TEITS DAY.)
(Sit ings in amen.)
CRIMINAL INFORRATIoN—QUEEN v. KAYE AND

ANOTHER.

In this case a rule nisi tied been obtained calling upon
the defendants to show cause why a criminal information
shouid not be filed against them for having published a
libel in the Wesleyan Times, reflecting upon the morel
character of the Rev. W. H. Clarkson, a circuit preacher,
belonging to the Wesleyan body. Mr. Chambers, now
appeared to show cause against the rule, and it appeared
from his statement that, some time ego, Mr. Clarkson
was stationed at Derby, where he fixed his domestic es-
athlishment, and hal a young woman named Charlotte
Herrons in his service as housemaid. Now this, young
woman, just before the meeting el Conference, last year,
gave birth to a child, of which she alleged Mr. Ciark-
eon was the father. This circumstance came to the
knowledge of the Conference, and they eirected an in-
quay to he inetituted into the scatter, and ultimately
deed. d t bat no imputation rested upon either the
ceuduct or the ehiirac er of the Hi-serend Gentleman. It
transpired, however, that Mr. Clarkson himself took a
beetling part in conducting the inquiry, aud there was
reason to suppoie that the young woman had been inti-
midated into giving a contradictory ace, uvit 01 the pater-
nity of her chtlii, but the Wesleyan Times imported the
case into its columns, and insisted that it ought to be
publicly investigated. This public discussion of the
matter ultimately led to its being carried before the
megistrates sitting at Leamicgton, where the young
woman underwent a lengthened examination, and related
the history of her criminal connexion with her Reverend
master. She declared that the Rev. Gentleman was for
months contemplating her ruin before he accomplished
his purpose. She lived with him for nearly three years,
the family consisting of the Rev. Gentleman himself,
his wife, and his wife's mother; and it wee while the
latter were absent from home that the Rev. Gentleman
succeeded in effecting her seduction. Before the imagist-
trates, however, no confirmatory proof of the connexion
was adduced, as the Bastardy Act requires, and the case
was therefore dismissed. Now the articles complained
of were commentaries upon this case; and it was con-
tended by Mr. Chambers, that, inasmuch as they related
to a topic which came fairly and legitimately within the
province of a public journalist, they could not be held to
be libellous. The principal defendant and chief proprie-
tor of the newspaper was a manufacturer at Hudders-
field, and he took no part in its management, but neverthe-
less, having fully investigated this case he had no reason
to feel that his paper had any way been misconducted.
Tne editor had dune no more than discuss the conduct
of a public character, arising out ef a public question;
and since he had strictly confined his comments within
the legitimate limits of newspaper controversy, this gen-
tleman, tlho wee most interested in the proper mileage-
meat of the Wesleyan Times, thought it would be unjust
to call upon him to answer a criminal information, though
be was quite reedy aud willing to meet the inquiry in.
any other sh,pe.
Mr. HaiecE, who was on the same side, said he had
only one word to add to the argument of his Learned
Friend, and that was simply this:—Mr. Clarkson, he
apprehended, had brought this matter into court for the
sake of publicly contradicting the charge which had
been made against him. Now, having had that oppor-
tunity, and the defendants themselves beine, willing to
admit that of their own knowledge they knew nothing
against the private or mural character of the Reverend
Gentleman,it was hoped the Court would decline to make
the rule absolute. .

The LORD GRIEF JUSTICE said the Court would not
put Sir Frederick rhesiger, who appeared fur the plain-
tiff, to the trouble of replying, as they felt that the rule
ought to be made absolute.. The jury would then say
whether or no the liberty of the press had been mali-
ciously abused by these publications. That was the ques-
tion propounded by the Learned Counsel who appeared
for the defendants, and as a jury was the only tribunal
that could answer it, he would say no more, so that
the ease might go down fur trial without prejudice.
Rule absolute accordingly.

COMMON PLEAS.—(THIS DAY.)
The business transacted in this court during the morn.
ink was not of an important nature.

EXCHEQUER.—('r HIS DAY.)
(Sktting in Banco.)
ATTORNEY-GENERAL V. LONDON DOCK COMPANY.
Atter disposing of some unimportant mutit Ms, the
Chart preeended with 'he part-he-.rd case of the At-
tortiey-Generai v. tie Landon Dock Company.
Sir FITzaoY KELLY resumed his arguments on behalf
of the OctendantP, observing that as the directors and
other functionaries connected with the company had
been, by the whole evidence, as well as the express ad-
mission of the Attorney-General, relieved of all per-
,onsl imputations or of any accusation of a wilful inten-
tion to violate the law, his only object in appearing be-
tore their Lorcliqups was to suggest that a plain and in-
telligible constiuciion should be put on certain Acts of
Parliament for the guidance and protection of the com-
pany in the future administration of their extensive es-
tablishment. The Learned Counsel then entered at con-
siderable length into the particulars of the case, and to
the different Acts of Parliament, the provisions of
which he contended were of a very general and uncer-
tain character.
The address of the Learned Counsel was likely to
oc-
cupy the greater portion of the day.