The Sun.
London, England, 1869-06-24 00:00:00

57 a ALLEGED L.II3:EL A (All 'ti-,=T A
MEIIEBER OF PARLIAMEN7'.,

The action for libel brought by the Hon. Mr. Cadogan
against the North Wilts Herald was continued on Wednes-
day before Mr. Justice Hannen and a special jury. in the
Bail Court, Westminster.
Mr. Evans was cross-examined by Mr. Henry James,
on behalf of the plaintiff. Ile said he had told the parties
interested for the defence that all he had written to the
Times was true. He had seen Mr. Sandilands
within the last six months at the office of
Mr. Moon (the defendant's solicitor.) Had not seen
him anywhere else, until this trial came on, when he bad
walked with him in Westminster Hall. Before that had
only seen him twice between 1854 and 1869. He bad
stated that he resigned his engagement with the Telegraph
Company. He sent in his resignation, and left in pur-
suance of that. After he had sent in his resignation, ou
21st of June, 18Z-1, he received, through Mr. Courtney,
notice to leave the service on the Ist July, 1854. He was not
aware that his resignation was rejected and that he was dis-
missed. Had not refused to obey certain orders of the direc-
tors. He did receive anotification that the board refused to
accept his resignation. He never asked the reason. He
was not aware that it was denied because he had refused
to comply with orders of the board. Preference was never
given to a message except that of Baron Rothschild
while he was superintendent of the instrument-room. Sir
James Carmichael (one of the directors) never gave priority
to a message. He considered it Was wrong to shew
the messages to Mr. Cadogan, but did so as the latter
directed it. He made a complaint on the subject to Mr.
Brett, one of the managing committee, and to the secre-
tary. The clerks in the room were seated at their table,

with their backs to where Mr. Cadogan used to stand
when he came in. They might have seen him by looking
round. One set of cletks came on duty at eight a.m., and
remained until two p.m., when they were relieved by
another set, who remained until nine p.m. Between
those times none of them left the office.
He was not superintendent of the receiving•room, and if
a clerk wished to ,ito out, he would not have applied to
witness. If anyone had searched the file at the time they
would have found the message to which priority was given
by r,oar of tha plaintiff. and which witness had marked.
A register was kept of the time at which each message
was sent away; and it would shew to the directors that
priority had been given to the message. Was
not aware of any tampering with the register.
It was under the direction of Mr. Sandilands. When
the conversation about Baron Rothschild's message took
place between witness and Mr. Cadogan there was only
one clerk so situated that he could hear what was said.
Witness did not call the attention of the directors to the
matter. The message which was sent to Mr. Cado-
gan at Brooks's Club was an Indian sum-
mary. Was not aware that there was at that
time any contract for supplying the clubs with news,
nor did he know that any news was sent to any club by
the company. This was the only messhge which he ever
sent to Brooks's. This message, which was for the Times,
was sent to Mr. Cadogan for his private use. Messages
were constantly sent to his private house—so many
that he could not tell what they were. They
were copies of despatches received. Mr. Cadogan
received information intended for other people. Witness
copied the messages himself. Did not call the attention
of the board to this matter. Mr. Cadogan was deputy
chairman.

At this point the evidence of Albert Evans (brother of
the vt itness) as given at the trial in 1857, was read. It
corroborated the statements of witness as to Mr. Cadogan's
visits to the instrument-room. Mr. Albert Evans, said
he had never seen any other director use the messages as
Mr. Cadogan did.
On the application of Mr. Giffard,

Mr. Mowbray Morris, of the Times, was here examines
in reference to the letter sent to the Times by Mr. Evans
in 1857. It was not published, and Mr. Evans called
upon him to express surprise, when witness told Evans
that he had had an interview with Mr. Cadogan, and
explained why the letter bad not been published.

Mr. Giffard proposed to ask what that statement was,
but his lordship thought that it would not be evidence.

The case was again adjourned.