The Sun.
London, England, 1869-06-23 00:00:00

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TEE TICHBORNE BARONETCY CASE.

In this case Dr. Deane, Q.C., on Tuesday reminded Lord
Penzance that on an occasion when his lordship refused an
application to appoint an administrator pendente lite in the
cause of Tichborne v. Tichborne, he said that if the Court of
Chancery refused to do so he would lend the powers of the
Court of Probate. The learned gentleman road the
remarks of Vice-Chancellor Stuart when the case NV" 130-
fora him, and pointed out that the officer of the Court of
Chancery would almost be at once discharged on the ar
pointment of an administrator by the Court over which Lord
Penzance presides ; and such being the case, his clients (the
creditors) were advised to apply to the Probate Court again'
The learned counsel pointed out that the creditors were bo-
itg deprived of their mon y simply because this suit was
pending, and ho could not believe that the Legislature ever
intended such a thing. Dr. Deane therefore asked that
either one of the creditorsor the receiver in Chancery 1,0 ould
be appointed administrator pendente lite.
Dr. Tristram, for the plaintiff in the case, said he thought
it reasonable that the grant should go; but the receiver ap-
pointed by Chancery had taken the papers of the dcccaceli
including the cornspondenco from her to his (Dr. TAP
tram's) client, and therefore they thought ho was a partisan
of the other side.
Mr. Bayford (for the Solicitor-General) said those np pea
were now in the possession of the Court of Chancery
client was an infant, and, of course, stood on his strict le-
gal rights. There was no precedent for the applic,ation,
though ho Judge thought fit to accetie to it, but the crodi'
tor who was named wag not a desirable person for adminis-
trator. Vice-Chancellor Stuart did not promise that on the
appointment of an administrator ho would discharge the
receiver.
tor;
Baron Penzance said it was unjust that the credi
should have to wait till a suit was decided in which thelba'
no interest whatever. After speaking on the techniealitie°
of the case, his lordship granted the order for an adminis-
trator, and was of opinion that Mr. Humphrey was the best
man.

ACTION FOR LIBEL

The Court of Queen's Bench, as constituted by
Justice Hannen and a special jury, has had before it s° 1
important libel case, "Cadogan v. Piper." It was an
action for libel by one of the sitting members for u°
borough of Cricklade against the registered proprietor of
the North Wilts Herald. It appeared from the counsels
opening speech and the plaintiff's evidence that the 14°11'
Frederick Cadogan (the plaintiff) is the younger brother
of the present Earl of Cadogan, a magistrate of Middle'
sex, and at one time in practice at the bar. Se
one of the earliest promoters of the Submarlii"
Telegraph Company, and he became one of the diree-
tors and deputy. chairman of that company when it svga
first started, in 1852. He personally instructed the
clerks, and worked in all matters of the company with a 5
much zeal and regularity as if he were a paid official. 11/
1857 a person calling himself Captain Thorne called up
the plaintiff and demanded a sum of money as the priced
his silence in abstaining from publishing a letter which he
rn
received from one Evans, who from 1852 to 1854 bad beoen°
The
clerk in the employ of the telegraph company.
shewed Mr. Cadogan a copy of this letter, in which wags
alleged that Mr, Cadogan had been in the habit of obtaining
e information in the instrument-room of the telegraph °e,
of which he made use on the Stock Exchange.
Cadogan declined to give any money for such a Pur.,Pas-s;
tbe letter was üblished, and both Thorne and Evan
were indicted at p
the Central Criminal Court for attempt;
u
ing to extort money ; they were both convicted an
sentenced to twelve months' hard labour. SubsequentlY,
in 1861, the plaintiff was concerned with a Freaulj
refugeeng
named Veillard in starting and carrYi
out
the refreshment department of the International
Exhibition of 1862. Mr. Cadogan advanced the ra°llelY
l
required, and became security for Veillard's esseetive
completing the contract with the Commissioners; hesvus'
ns
however, in no way connected with the Cosaissiellr°.
and although he actually received £2,400 from Veillard
and
apt;
as services and money out of pocket, he had to pay 21'5°t:
as security for Veillard when the latter became bankr,:
and this, with the other expenses, reduced his profit "Pe'
the transaction to less than £lOO. Last us"
autumnoro ugh
plaintiff plaintiff was one of the three candidates for the bci
of Cricklade,.and was returned at the election at the het!
of the poll, Mr. Gooch being second , Mr. Goddard, sv'a
was a Conservative, and Mr. Cadogan's opponent, Oa
unsuccessful. The North Wilts Herald VlaS 811 P:
ported by, and mainly depended upon, a Blr. ToW11".11.
head, a local attorney, the agent of Mr. Goddard. r:1
wards the end of October a placard, printed °l3
ul'
~
hoh'
yellow paper, the Liberal colour, was posted, wis
the name of any printer, in various parts of the boroug
This placard set forth that Mr. Cadogan bad used infer•
illation obtained from the telegraph offices for his eesar,,
,
private speculation on the Stock Exchange, "precis
raerch3t,
the same as if the confidential clerk of a large
or corn-dealer had opened his master's private desks
ts , re
private correspondence in reference to the stAntl
his
of the market, and then gone into the market 3:v
forestalled his master in the purchase of the ve:
goods mentioned in that correspondence ;" and that lie'
filling an office of trust under the Commissioners a t,ll°
International Exhibition, had recommended Veilla;fi
;
from whose appointment be would obtain personal Pr°ll
—to the International Exhibition Commissioners, if
,F a
recommendation "is precisely the same as 1`;,
head of a locomotive department in a r,,,19
company Lad recommended a contractor to Stir.
certain engines or carriages to the board,. sot
directors, and the contractor had obtained the eoll'l.--c
from the board of directors accordingly, the bead a thei
locomotive department concealing from the boat if
directors that he had agreed with the contractor that
the contractor obtained the contract he should pay bit°
£2,000 for his services as secretary to the contractor." Oa:
North Wilts Herald reprinted this bill, declared it
Wul
absolutely true, and challenged Mr. Cadogan to meet theo
in a court of justice. The proprietor of the paper i
;a.g
pleaded that all the statements concerning the PI/I'll'
were true.
In examinion the plaintiff said that immediately after
the conviction of Thorne and Evans he resigned the 13°st
of deputy chairman of the Submarine C°3'lPiu,sd.
He admitted also that upon one occasion e
tio,
given precedence to a message of Baron
were
child's. It was also true that certain messages 11
A re
forwarded to his private residence, but these Os- ifs
lation either to what was going on in the Crimea, his wow
being a near relative of Lord George Paget, who had u c ny.
mand at the scene of war, or to the affairs of the consP.oo
He did not believe lie knew any one of the Eslib.,,itsint
Commissioners, except Lord Granville. Ilis first
with Veillard was that he (the witness) was in thearsst
instance to be paid a sum of £5OO on a of
8
of the concession ; and, secondly, a 1, the
£4,500 by way of " capitation fees," that was "
nllmb t.
attendance at the Exhibitioncaine up to a certain t
He admitted that the Commissioners were not cogaii
were "arsics.
this agreement, and that when the terms of it
ot
the severe
closed the transaction was commented upon in
terms by the p.
e counsel, inress replying to the case for the defetidubt
said no man living could read his brief and believe tow
Mr. Cadogan had not spoken at the trial what ic
the
to be untrue. He commented on the fact that
had
message to which it was alleged that Pri°ritYntssea
been given had not been produced. ge Ve[nd hi
to say that the impression made upon every W.-
reading the whole of Mr. Cadogan's evidence at the
Bailey was that there was no such message in exs7ebratt
that it could not be identified or found. lesdist
did the jury think would have been the "hers
at the preliminary trial if it had been known that t tto
was such a message as Mr. Evans had described sell
the telegraph office, that it contained news t° g
priority to which was a gross breach a trust sga
and that seess;a
the part of the company,
had been found by Mr. Cadogan? Mr. Ca" 1611 sin
told Mr. Sandila,nds that lie knew too much to rerbt.
in the way, and induced him to go to the Isle ef Ifrog
If the plaintiff bad wished to be considered a gentle ,es
of honour, lie would not have gone on seeing the rah egrtobul4
sent through the office, and then speculating on t- so 6
Exchange. No one could believe that be could
seen these messages, and yet have been uninfluence end if
the information they contained in his operations. -6;00,
it were known that he did give precedence "to
a bild,
Exchange message sent to Baron 11°tbac fast
would not the jury consider that that ,isols
threw light upon other matters upon " she
As to sin
there was not such distinct proof ?
comment of the newspapers, it must be borne iii
mind that they were dealing with a public man in eels'
tion to his public duties. Those who had reason to inslll.o
into Mr. Cadogan's fitness to take up the 1343sitfor
of a candidate had a perfect right to
I`.'cii
ment upon matters which bad previously been Oh lus I
known and discussed relating to his careen And it W
ue' ell a
be proved that what plaintiff said in 1857 was untr au
that what he did in 1853 was diShonest.
The case is still proceeding.

--------
IMPORTS or GUANO.—From official returns it
appears that our imports of guano are greatly on thet
decrease. In the first four months of 1868 we
69,764 tons were brought into this country, and that 10
the corresponding period of the present year the reti
only shews a total importation 69,764 tons. Peru is still,
the principal place from whence we draw our supplies 0,
this precious fertiliser, but to the return from Peru 103/
be traced in a large measure the decrease in the import?,
toll°
for in the first four months of 1868 we had 592731
from that country, against 19 968 tons in the four months
ending April 30, 1869, ' - find that