The Sun.
London, England, 1834-11-11 00:00:00

BAIL COURT, Nov. 10.

( Sittings at Nisi Prius before Mr. Justice LITTLEDALE and a
Common Jury.)
EVANS V. STEERS.

Sir J. SCARLETT (with whom were Mr. PLATT and Mr.
JoNEs) stated"that the action was brought to recover com-
pensation in damages for certain slanderous words spoken
by the defendant of and- concerning the plaintiff. After
stating the case, the learned Counsel called—
Mr. James Casterton, who stated that he was a member
of the Stock Exchange. He knew the plaintiff, and also
a gentleman named Gibbs, in whose service plaintiff had
lived in the capacity of housekeeper for nearly forty years.
Witness was one of his executors. By his will, in consi-
deration of her faithful services, he bequeathed to the plain-
tiff 3,5001., and such articles of his plate and furniture as
she might think proper to select. Witness acted as stock-
broker for Mr. Gibbs.
Cross-examined by Mr. THESSIGER-Mr. Gibbs was in
perfect possession of his faculties when he died. Did not
know how old he was when he died.
The plaintiff, who was sitting immediately opposite the
learned Counsel, attired in a black silk dress, here got up
and said he was eighty-eight.
Mr. THESSIGER (addressing her)—Although, Madam,
you have a new silk gown, you are not entitled to address
the Court.—(This observation caused a burst of laughter,
Mr. Thessiger having obtained his " new silk gown" only a
few days.)
Mr. Edward Hetherington stated that he was one of the
executors appointed under the will of Mr. Gibbs. In the
month of January last, the defendant, who is a retired
tradesman, and in whose house the plaintiff then lodged,
called upon him to make some private communication to
him, which he declined receiving, and referred him to Mr.
Goldsmith. . .

Mr. Goldsmith stated that on the day mentioned by the
last witness the defendant called upon him, and after re-
questing a private interview, which was granted, told him
that it was a shame that people should be robbed of their
rights, as soon as men were dead, by that woman Mrs.
Evans (the plaintiff) ; that he had witnesses to prove that
she had swindled the relations of 9,000/. ; and had re-
moved Mr. Gibbs's plate to her lodgings the morning after
his death.
Cross-examined by Mr. TnEsslGEß—Did not tell the
plaintiff of this conversation until a fortnight afterwards.
The statement made by deferit:.
nt was in confidence.

This closed the plaintiff's case.
Mr. THESSIGER addressed the Jury tor tilp defence, and
said that the words spoken were not actionable, aj that
they were uttered by the plaintiff in an unguarded momelj;
and, in the absence of all proof of malice, he trusted the
Jury would return a verdict in his favour.
He did not call any witnesses.
Mr. Justice LITTLEDALE summed up the evidence, and
The Jury, after a short consultation, returned a verdict
for the defendant.
SIR ROBERT SYDNEY V. O'GORMAN MAHON, ESQ.

Sir JAMES SCARLETT stated the plaintiff's case. It was
an action, he said, to recover the sum of 4791. 65., brougbt
by the plaintiff, a solicitor, who had conducted the proceed-
ings for the defendant before a Committee of the House of
Commons upon a petition presented against his return to
Parliament for a borough in Ireland. He understood there
was no real defence to the action ; indeed, 50/. had been
paid on account, and, with respect to the sums paid as fees
to Mr. O'Hanlon, the counsel, these had been struck out
of the bills, as it was understood the defendant had arranged
those with the counsel. There were two items objected to
in some letters which would be read, from the defendant to
the plaintiff, but these would be proved correct charges,
and then it would only be necessary for the jury to return
a verdict for the plaintiff, minus the money paid on account,
and the fees arranged respecting the counsel, who was a
friend of Mr. Mahon:
Two letters from the defendant were read, written in
1831, and subsequently. In the former he alludes to his
illness, and the restrictions laid upon him by his physician
not to interfere in business ; says that Sir Robert has no
occasion to trouble Mr. O'Connell respecting the bill, as it
will be arranged. In the latter, he writes that he cannot
be certain why he is making such a fuss about the bill.
Why don't the people deliver their bills ?—They shall be
settled, if correct ; and money shall be lodged in the
banker's hands to discharge them. Some of the charges—
those regarding the press and the money paid to the short-
hand writer—were not correct ; but, however, he wishes
Sir Robert to let him know whether a dissolution was to
be expected soon, as he would be mainly guided in his
movements by that event.
Mr. John Bellamy, housekeeper of the House of Com-
mons, was shown a bill for 201. 13s. which he had received
of the plaintiff. He stated the items to be all correct, and
the fees such as were regularly paid on election inquiries.
Another witness, a Parliamentary agent, who manages
election business for the plaintiff, stated that the charges

the
made in that part of the bill as "respects 31r. Guilt* or
short-hand writer, and some other items were perfectlyecere
rect. On being asked by the Learned Judge whether
of the
were any other witnesses to prove the correctness ?ild in
bill,f as he was in the employ of the plaintiff, he rePI coke
he negative ; but said, when any objections were ail,
toal a bill of a solicitor, the Speaker was referred to, an
ways appointed persons to tax the bill. to• i r°
bill
The
irwJe
rAeMpErSo SvacrbLyEpTeTrssaanisd,inthtahteoirn
earallpoicacya.sions sobc
The Jury found, (after deducting 50/. and the fees Are
the Counsel had arranged) a verdict for the plaintiff
345/. I Is.
_.

• ,10•
COURT OF COMMON PLEAS, ii°-•

• LAPORTE'S BAlL.ffce•
Mr. Seguin, bookseller in Regent-street, Cox, 0r of
keeper at the Opera-House, and Mr. Last, " boos,
the stall department," appeared to justify
actions commenced against Mr. Laporte. at Gd.
In answer to questions put to him by Mr. Sergea-
b.urn, who opposed the bail on behalf of one of the.Pgr.
tiffs, Mr. Seguin stated that he bad been bail for as ;
Laporte about twenty times within the last twelve men 0
the highest amount was for 500/. ,that he had Iread° h
•
that morning
justified as bail for him in the King's, 05
for 78/. ; that he did not know to what amount i! had
liable before this morning's business, but that u,enscre
been told by Mr. Laporte's Solicitor it was ee" -
than 401. t for
as bail in w
Mr. Justice VAUGHAN (who had come into Our,oula
the purpose of taking bail cases) said that the bail toot
not be allowed, as it was clear he did not know the ale
of his liabilities.
Mr. HEATON, for the defendant, stated that be,lf
structed that the bail was exonerated from all liaw7j
account of the other actions which had been refer c;,
and if the Court would (rive him time he would Pr°a,`l
affidavit to that effect. No injury could in the Insle
result to any one, Mr. Laporte having rendered in doc
of his bail, and being actually in prison. ret,
Mr. Justice VAUGIIAN said that it would be a 17. 390
upon such negligence as had been exhibited in this` lot
let the defendant have the indulgence asked for f<tts
paying for it. He might have it on pa'ying the
the clay.
Two days' time were ultimately granted.

COURT OF EXCHEQUER, Nov. W.

____..____
aer
DICAS V. BENGOUGH.
This was an action for libel against a newsve°, etioo'
selling some numbers of the Satirist, containing re'e; fre'
upon the plaintiff, the particulars of which have beebefore
quently before the public. The cause was tried
Lord Lyndhurst in the sittings after last Ter
¢r
tee
Mr.t
verdic given for the defdant. •I the
Sergeant Bo PAS now moved to set 01"
diet, as perverse and against evidence. • fiv
Lord LYNDHURST—The facts of the case we-c a1i513
these :—The defendant was a widow, who sold tra rly
her shop, and upon a Sunday she sold newsioaPder'''botigbjt
plaintiff sent his son there to buy the Satirist. P'eber aij
the numbers of the 9th, 16th, and 23d of Septena ,; tbat
took them home to his father. There was no evid,e7ayt
he had read these papers himself, or that the 'le
sold any other copies of those particular numbers: o 0,;
Jury, therefore, I suppose, thought that there swir:o t';
dente of injury to the character of the plaintill of s°'
publications complained of. There was no evidence
ever
person having read the alleged libels.
Mr. Sergeant BOMPAS said that such evidence williciePt
required in support of actions for libel. It wwg;,.,50 Di tbe
to prove the libellous matter and the publieet`v-
defendant. r
Lord LYNDHURST—YOU do not mean Bretue'h t °t"e
that if a man writes a libellous letter to an a
}1
can bring an action for it ? " lint 4
Mr. Serjeant BOMPAS did not go that legti;tertf't
was prepared to contend that if a person wrote a,tholl
containing a libel upon B, it would be enough teal it,
tb
A received the letter without showing that be f
ri Lord Lvninit sT thought the Jury had cone
ev •leo -d
°
,o
the plaintiff sustained no injury, as there was no,unt beltyi
any other copies having been sold by the defeenence to
those sold to plaintiff's son, and there was no
any one has read the libel but the plaintiff. -
parties might agree
on behalf to a stet processus. to
Mr. CHILTON, of the defendant, e°l33ebil,
that mode of settling the matter. He, however' °
that another such victory would ruin his client.
oi•
iz
INSOLVENT DEBTORS' COURT, °ll tbecl
ffe
William Lucy was opposed by Mr. Wood°, tote ;jr,
part of Mr. E. Bayntum, of the firm of 13:1;d1 frf
Bartholomew, silk-merchants. He was supe 011'
Cooke.
)101' ref°

The COURT adjourned the case for the ills' or
or
tain the consent of three-fourrhs of his creditors .0 for
in prison until the expiration of five years fr°ll)
disAndrecharge. ee.
w Shiel, a baker, applied for his
rer
was supported by Mr. Cooke. roe Pe
It appeared that he had been assisted by '°,la '
for whom he had accepted several acconn''."(iol. 11'1
His debts and liabilities were stated at nearlY `2,4tain t
Mr. Commissioner BOWEN said be Ales' ° tr
consents. 1A Vie to
The insolvent said he could not ; he sbelh-,grs, ..,,vrtl'
main in prison until the expiration of the five,Y,e- en '';ske
Mr. Commissioner BOWEN told him he had oust beo
dent enough to give accommodation bills, ar),s",
the consequence ; he had injured by that mea—
fide creditors. The case was adjourned sine die•bo
Two unopposed insolvents, whose misfortneea. tit
arisen from accommodation bills, were discharg„o 01:54e
The Learned COMMISSIONER told one of i,",:a
was fortunate for him he was not oosed, forLaclea.
cent holder complained he would have been re"" te'
terclsl
BERMUDA.—Bermuda papers were YeSclslitos
ceived to the Bth of October. They contain acreal,Pdr
stating that as the cholera existed at Quebec, OSlOllOO' •
Scotia, and New York, all vessels from thence Oa beeo red,
ject to quarantine. The provincial Parliament habil, ler
rogued to the sth of November. His MajestYl4s 50-4 lid se
under the command of Lieutenant Austen, had „el',
muda in twenty-four days from Jamaica, bound I,„°r the r.blisPr
way of Halifax. She had called off Bermuda, I°;he c5t,',5" e°'
of landing two convicts, condemned to serve ", of 11;fige
meet at Ireland Island ; but from the circuelstsec; berEj
yellow fever having occurred on board the shiP,e_A-rge lcor
from Jamaica, the Health Officer at Port St• u_ner tbediott'
fused to allow them to land. The Tweed was w—tbsl3s-„,er9
mand of Lieutenant Austen, and within three
from the effects of the yellow fever, her aPleteell °,1111,1
assistant-surgeon, two warrant officers, and sevo, 04 le ft
crew. Lieutenant French, of the Royal Arta; sere
fallen fallen a victim, and fifteen men and two officer
the hospital at Jamaica. Ace"
B I R THS
. 1100Of'
ter
On the 9th inst., Mrs. Matthew Clark, of
Regent's Park, of a son.
On the 9th inst., Mrs. George Brace, of a daughoterf 0/40 6
On the 9th inst., the lady of Adams Beck, Esq" ass*
On the 31st of July last, at Werk-en-Rust, Dern-
G. H. Davis, of a daughter.
tbe

chOarnletah,The 3olmstaulont.
deronofth3el , Alfred, young to Jo ila
na"ghter of John 'S
q.'
Masterin
Chancery,
ughter
..... Stephenson, Esq., and graxt -rla 10
viscou;:t Molesworth. '
25' thb ult. id
i9E,
On the 6,!"11 inst., at St. Martin's; 1, F. Ids --r. li. re'
Martin's-in-the-Fields
ie , , gotOwb
ay s- tu. ngs, to Miss Elizabeth Jones, eT of
needle-street, to Carolina' Maria Dow, of the above lac-ge• col"
satal BPrarlifgiAshtßonßlljrl). J.ohn LeostckBe°l :Ilia:::
On the Bth inst., at St. George's, Hanover-sqlosfion,
Taylor, of Davies-street, Berkeley-square, to Eliza
daughter of the
late Mr. Joseph Fleetwood, of 11011)00'
f
_Ol g
On DIED. ~ kbarn, , 100
the 6th inst., in his 62d • M William J'ir after ell
year, r.
seer of his Majesty'sship ur, ince
York, Portsmouth 11arb0,,,,,R, 5
and severe illness, which fort'''. ,
.
cie fity
I ented by all who knew li'm
On the 21st nit at 1• in ,he Basono%trs`cf
~ Jonkoping, Sweden, t vocoy Pbter
hausen, widow of B
aron de Rehausen, many years "'d claog
dinary from the Court of Sweden in this country, an ff4.'
the late John Merchant Bulkeley, Esq., of Lisbon. 0 sattl
On the 25th of April, at Bengalore, Henry Anse JO'
7th Mad I; - h 'V' t.
ras ight Cavalry. • bet ~,It•
On the 7th inst ,at Cla ham-common, Airs. E110,.,,5, yt. oh.
On the 14th ult. , on his passage from the West Inalftoo,
~,ci
D. Marshall, youngest. son of Major Marshall, R.M.,ii, , Or
On the 7th inst., at Old Brompton, in her 74t11 Ye'. ylr'
Charlotte, relict of the late John James Vallotton, -,,5511,',,d yearept,,
At the Priory, near Stroud, Gloucestershire, in bt .i'lee,
.00,01
Joseph Wartnaby, eldest son of J. Wartnaby, Escl., of voast ,
On the 7th inst., at Poole, Dorsetshire, Mr. Henry .-J o,
Milk-street, Ch 'd
eapsi e. 0. De jeoef'
On the Bth inst., llenry, infant son of Mr. eije
Aldersgate-street, solicitor. WilkiPs°ll'.ngt°llf:
On the 7th inst.,' at Highgate, Elizabeth Tone ,
___,, pito 01
daughter of the late Mr. Jos. Wilkinson, of Canon,el)lol,o
On the 7th inst., Fanny Caroline, aged two y are„,. ~ ..,i,
eldest child of Dr. Rowland, M.P., of Fenchurch-o rof (c ,
On the 4th inst., in her 95th year, Harnett, relict _OOOI
et ,
Goodwin, Esq., of Studham Lodge, Herts. u g I
Robert Ferran, yo i' v,
On the 6th inst., aged 33, Mr.d , ,
John Farrah, Esq., of East-place,Lambeth. ~,ans, '..biti'
On the sth inst., at the Wild Farm, near St..ii-nit'he East
Smith, Esq., of the India House (late Captain 1
ter
Volunteers), aged 46. ~ eta B'. beg
On the 31st ult., at Leeds, John Cusson, Psrl.,; r'' of 613'' 0
On the Bth inst., Mr. John Mainwaring, jewe"e ' cat).l,
rents, Chancery-lane. f the late eare''''
On the 2d inst., at Jersey, Elizabeth, widow !:) Jolla Wl'
Philip Pipon, R.N. and daughter of the late Sir ,0011
many years Baillie Of that island. , 'tort'
On the 4th inst., the Rev. John Ferra ~ by of Welford
tonshire. rar,io'
------c) :1(‘'").
London : Printed and Published by MURD
at The Sum Office, No. 112, Strand,.

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