The Sun.
London, England, 1860-02-17 00:00:00

LA TV INTELLIGENCE.—( This Day.)

COURT OF QUEEN'S BENCH.
(Before Justice Wightruan and a Jury.)
BARRY Y. SIIIPLMY-LIBEL.
This was an action for libel, brought by the plaintiff the
originator of the Metropolitan and County Club, Victoria-
street, Westminster, against the defendant the registered
proprietor of The Sporting Life newspaper.
Mr. Edwin James, Q.C., and Mr. Wolsby was counsel
for the plaintiff, and Mr. Sergeant Parry and Mr. H.
Jameswere counsel for the defendant.

The learned counsel for the plaintiff having stated the
case,

The clerk of the court read the libel, which charged the
plaintiff with fraud and arson.

The plaintiff was then called and cross-examined by Mr.
Welsby—He said my name is William Barry. lam plain-
tiff in this action. I reside at 4, Victoria-street, Westmin-
ster. My private residence is at Norwood. I carry on the
business of a commercial agent. I originated a club for the
suppression of frauds practised by men advertising for the
purpose of receiving money to invest, which they never did

I mean persons advertising to invest money on horse-racingt
which, if the horse won, they would send them a largo sum.
The scheme of mine for suppressing such a system was ad-

vertisea in Ben' c _Lilo in London.

There is a seers-

tary to that club. His name is Captain Cock-
burn, late of the 60th Rifles. I was 'Artier and
manager in Brown's Patent Parchment Company.

That business was carried on at Romsey in Hampshire. In
March, 1859, I was residing at Romsoy. I had left that
business at that time. I recollect Sunday the 27th of

March. A fire occurred about three o'clock. I was in the

neighbourhood with two men exercising some dogs. We
were about a quarter of a mile from my house when I was
remarking upon the beauty of the landscape, when one of
the men pointed out some smoke rising frem my house
between the slates andthe chimney. I said the cYmneymust
be on fire and ran to the house. It was impossible to enter
owing to the dense smoke. I put a saddle on my hunter
and sent for the engines. I threw water through the

kitchen window in the direction in which the fire was

raging in that place. I was particularly anxious to get
into the kitchen to rescue a favourite parrot of my wife's.
Every person did all that was possible. I was much burnt
in saving my papers. We got into two rooms in the front
of the house, and saved some of the furniture therein;
all in tho other part of the house was destroyed, but a
table, sideboard, and some plate. An inventory of the
property destroyed was sent to the Royal Exchange
Office. Tho goods were insured for £4OO. I was paid
£365. The reason I received less than £•100 was
because the office questioned whether I had insured the
china and glass. I was never accused of setting my house
on fire. I never heard of such charge until I saw it in the
paper complained of. The other allegations in the article
are entirely unfounded. Before Captain Cockburn was ap-
pointed secretary to the club, a Mr. Chatterley applied for
the office. My great grandfather spelled his name with a
"y," but there was a question whether it was the correct
way to spell the family name. Whilst I was a minor I
spelled my name Barr. When I wont to the West Indies
I used a "y" in my name, but on my return to England I
resumed the name of Barr, in consequence of its being
requisite, I should de so, in consequence of certain
law prooeedings. A year or two after that I resumed
the name of Barry, and I have not changed it since.
Cross-examined by Sergeant Parry—l resided in the
house at Romsey about nine months. My wife and daugh-
ter were out when the fire occurred. They returned while
the fire was burning. At the time of the fire no one was
in the house. I answer distinctly—no, I did not send our
female servant to church that Sunday. She went out that
Sunday afternoon in accordance with her usual practice.
Hampton was the name of one of the persons who was with
me when I was exercising the dogs. lie was present when
the fire was first seen. It was twenty minutes or half an
hour after we left the house that we saw the fire
I ran first and the others followed. I cautioned
the men when they attempted to go up stairs that there
was gunpowder in the house. I will swear I did not
tell two or three persons who wore trying to get into the
home) that there was gunpowder in the house, and that it
was dangerous to do so as there would be an explosion.
The insurance office can tell you what I lost by the fire. I
recollect a gun-case, containing a gun, belonging to a
friend, standing in the back kitchen waiting to be taken to
the station. I will swear I never sent a number of boxes
before the fire to the railway station. I swear I did not
send more than one box either on the Saturday or Sunday.
I have never been charged with firing the house.
I unfortunately knew a Mr. Whitmore. He never
charged me with setting fire to the house. I never heard
that I was charged with setting fire to the house or I should
have instituted legal proceedings. The society I originated
is called the Metropolitan and County Club, Victoria-street,
Westminster. It was a mere coincidence that there is
another club called " Fisher's," at 4, Victoria-street, City.
I never heard it called by any other namo. I never knew
it by any other name. Fisher's is a place where men go and
bet, but at my club subscribers are supplied with the name,
description, and photograph—(laughter)—of all defaulters on
the turf. I have no further connection with Bell's Life
in London than by advertising. The society was established
in December. In consequence of the publication of the libel
I have not now a single subscriber. Before the publication
of the libel I will swear I had a hundred promises. The
secretary of the club would, in the event of a member wish-
ing to back a horse, go to Tattersalls' and do so for him,
but no money was required to be sent. At the 11th Deo ,
when the advertisement first appeared, there was no
member who had paid his subscription. An advertise-
ment was inserted in the Times on the 14th Dec., offering
to retired officers a situation of £2OO per annum having
£3OO or £4OO to invest. We got three or four applications.
The £3OO was to bo invested merely to guard against any
fraud. The advertisement was repeated three or four times.
I have been in the habit of playing cards, but for the last
10 years I have not played much. I was never charged
with swindling at cards. I was convicted 14 years ago for
a conspiracy. You ought to know it, you were my
counsel. The gentleman who played lost nearly £l,OOO.
I received £BOO for the gentleman, whose name was Kearney,
for his losses at 100. I think I met Mr. Kearney at Cre-
morne Gardens. I played at ecarte with him at my house.
I lost £2OO. I recollect on the first occasion of meeting
Mr. Kearney, we went to a coffee shop and played at whist
for some time. Two persons came in while we were playing
and they joined us. I knew them both. Wo were all in
the habit of frequenting this coffee shop. Mr. Kearney
held in his hand six of the best trump cards and an
ace, and yet lost the " odd trick." I was his part-
ner. Mr. Kearney had betted that ho would win the "odd
trick." I think it was about £lOO. I have played at back-
gammon at Cheltenham. I was supposed to have won
£l6O, but I actually lost £5. I will swear that I never was
charged with playing with marked cards. I have
heard it said that it was so. I have been at Liver
pool. I was invited by some members of a club
to play at backgammon. Two of these gentlemen after
came to me at my hotel and played cards and backgammon.
I was a loser. I can't recollect whether I loft Liverpool
the next morning or not. My cards have engraved
upon them "Captain" Barry. lam a captain in the
Mexican service. I was never charged with defrauding
gentlemen by letting out shooting ground which I had no
right to do.
Re-examined—l did not undergo the sentence of the
Criminal Court. A write, of error was moved for and
granted, and the prosecutor left the country. He has
never returned. I was convicted solely by the evidence of
a man named Lewis. I had met Lewis as a man about
town. Before the publication of the libel I had nearly 100
subscribers to the proposed club. There was gunpowder in
my house at Romsey. I can't say whether it exploded.
There were seven rooms of furniture in the house that was
destroyed. It was well and comfortably furnished. I was
only in prison eight or nine days before the writ of error
was granted.
By the Judge—Lewis was one of the men who played
with Mr. Kearney at the coffee-shop.
Arthur White, a labouring man, residing at Romsey,
said he was with Mr. Barry and Hampton when the fire
was discovered. He gave corroborative evidence as to the
circumstances connected with the destruction of the house.
Cross-examined by Sergeant Parry —I heard in Rom-
soy that Mr. Barry kad set fire to the house. I heard it
stated by several poneple.
By the Judge—l can particularly tell you what I heard
By Mr. Welsby—l never hoard any one tell Mr. Barry
that he had done so.
By the Judge—l never told Mr. Barry what I had
hoard.
Sparsholt, superintendent of the police at Romsey
in his evidence, stated that everything was done to extin-
guish the fire. On an examination, a beam in the chimney
appeared to have been the cause of the fire. Nothing
appeared, or was any charge made, other than that the fire
was accidental.
Mr. Squire, superintendent of the borough police, and one
of the fire-brigade at Romsey, also gave evidence as to the
exertions Mr. Barry made to put out the fire. He was of
opinion that the beam in the chimney was the cause of the
fire. He also had heard it charged that Mr. Barry had
caused the fire, but on inquiry it turned out to be quite un-
founded.
The Romsey agent for the Royal Exchange Fire-office
proved the payment of the sum insured. He had heard the
report about Mr. Barry, but common report was a common
liar, and ho never took any notice of it. Ho had never
stated the fire was a very suspicious one.
The case was expected to last the whole day.
,he

COURT OF BANKRUPTCY.
(Beforo Mr. Commissioner Fanc.)
IN ILE ILEERJEMIOY ItUSTOMJEF:.

This bankrupt wag described as of Singapore and Londor,
merchant, Bishopsgate, and to-day was appointed for ya
last examination. _ _ _

The balance •oheet not having been filed in time an ad-
journment was taken by consent.
The accounts, by Mr. 11. C. Johnstone, commenced June,
1858, and extend to Jan. last, and shows debtor to cred.-
tors, unsecured, £9,516; cash creditors, £9,334; to ditto
holding security, £1,377 ; liabilities, £189; surplus, Jum,
1858, 4;11,975, Cr.—By debts, estimated to realise £1,314;