The Sun.
London, England, 1858-06-04 00:00:00

PRIVAT& AND JOINT-STUCK BANKS.

The Bankers' Magazine furnishes the returns of circu-
lation of the private and joint-stock banks in England
and Wales for the four weeks ending the Bth of tqay.
These returns, combined with the circulation of the
Irish and Scotch banks for the same period, and the
average circulation of the Bank of England for the
four weeks ending the sth of May (the nearest date
furnished by their re urns) will give the following re-
sults of the circulation of notes in the United Kingdom,
when compared with the previous month :

LAW INTELLIGENCE—(This Day.)

COURT OF QUEEN'S BENCH.

,Sittings in Banco—Before Lord Campbell, Mr. Justice
Coleridge, Arr. Justice Erle, and Mr. Justice
Crompton.)
LEWIS V. LEVY-IMPORTANT DECISION.

This was an action for libel brought by the plain-
tiff to recover damages against the defendant pro-
prietor of the Daily Telcgeaplt, for reporting proceed-
ings before Mr. Alderman Wire, at Guildhall, relative
to a charge against him for perjury. On the trial it
was contended that
.the reports were fair and bona
fide, and that the proceedings were privileged the
same as the superior courts. The jury, after hearing
evidence, returned a verdict for the defendant. A
rule was subsequently obtained to Enter the verdict
on certain counts for the plaintiff, which came on
for argument last term, and in consequence of the
importance of the question the Court took time to
consider its judgment.

Lord Campbell this morning delivered a lengthened
and elaborate judgment, in the course of which his lord-
ship said the question on trial was whether the reports
in question, which had reference to a criminal charge,
and adjourned from time to time, were impartial at d
bona fide, and were privileged. The plaintiff's counsel
contended that the privilege of reporting legal proceed-
ings was confined to the superior courts, but in such
case he (Lord Campbell) considered the dignity of the
Court was not concerned, and they must look only to
the nature of the alleged judicial proceedings reported,
and for that purpose no distinction was to be made between
apie pouclre court and the House of Lords sitting as a court
of justice, but when magistrates in the judicial capacity
heard slanderous complaints over which they bad no
Jurisdiction, the reporting such was as little privileged as
the remarks of illiterate mechanics assembled in an ale-
house. The court by no means assented to the principle
that proceedings before magistrates were not privileged.
Under the summary jurisdiction act where all parties
appeared and were heard, and a decision was arrived at,
a fair and bona fide report of the proceedings might be
published, but in the proceedings, the subject of this ac-
tion, several adjournments took place which were reported
before the final decision by their dismissal of the com-
plaint. After the verdict of the jury it was to be taken
that the reports were impartial and correct and that they
were given without malice. In this case the examination
terminated in the dismissal of the summons. No action
was commenced until after the summons was dismissed,
and although the plaintiff alleged special damages by
pecuniary loss in business, none was proved. The Court '
was not prepared to lay down se law the principle that
the publication of preliminary inquiries was universally
lawful or unlawful. In thin case there was a prelimi
nary inquiry before a magistrate, which turned out to
be unfounded, and was dismissed ; and if the whole of
the inquiryihad taken place before one hearing, the Court
thought the proprietor of the newspaper publishing it
the next morning would be liable for an action, and for
the same reason a fair and impartial report of the
various adjourned meetings would have been pri•
vileged if published simultaneously with the hear.
ings. The Court saw no distinction whatever in
this case from the daily reports of cambial trials which
took place in the Court of Queen's Bench, the Central
Criminal Court, and at Assizos. The Court had the
authority of making an order against the publication of
any part of the trial till the whole was concluded ; but,
nevertheless, when no such order was made, the practice
existed of daily publication without meeting with the
disapprobation of the Court ; and in several instances
the practice, which in reality extended the area of the
Court, bad been found highly beneficial in discovering
material evidence. The Court gave no opinion on the
general legality of publishing preliminary proceedings
before magistrates where a party was committed or held
to bail for an indictable offence, but they could not join
in a swee-eing denunciation of the publication of police re-
ports. Such reports they believed often led to the detection
and punishment of crimes, and sometimes assisted in the
vindication of character. They thought they ought to
hold, in this case, that the publication of a correct and
impartial report was lawful. On the pleadings in this
case the judgment of the court was, that the verdict for
the defendant, on the second plea, was no bar to the
action, and they directed a verdict to be entered for the
plaintiff for one shilling damages, on plea of not guilty
to the second count in the declaration, and that the
verdict entered for the defendant on the plea of not
guilty on the first and third counts in the declaration
ehould stand. Judgment accordingly.

(Before Mr. Commissioner Evans.)

IN RE THE LONDON AND EASTERN BANKING COMPANY.
To-day was appointed for a choice of assignees under
this estate, which is also being wound up under the
Caaucery process. The official assignee was formally
served with an order of injunction restraining him inter-
fering with the assets which might come to his hand.,
Debt; to the amount of about 70,0001. were admitted,
amongst whom were the North West Bank of India,
28,000/. ; and the Agra and United Service Bank,
59,882/.

Mr. Bagley, who appcared for a great number of the
creditors, said that Mr. Thompson, of Marlbro Hill, had
been chosen as,i2nee to watch the interest of the cre-
ditors, and his Honour confirmed the office.

POLICE INTELLIGENCE.—(This Day.)

MARLBOROUGH-STREET.
Gaoss CRUELTY AND PROPER SENTENCE.—A cab-
man, badge 2,214, in the employ of Catherine Fowkee,
a cab proprietress of Upper George-street, Edgeware-
road, was charged by Mr. Wm. Love, chief officer of the
Royal Society for the Prevention of Cruelty to Animals,
under the following circumstances :
Rutherford, one of the society's officers, said he saw
the defendant outside of a public-house in the Hay-
market, in charge of a horse and four wheel cab. The
horse's fore legs were so thoroughly bent that it could
scarcely stand, and it was trerubling excessively. There
was a large wound on the top of the withers into which
the collar was cutting. Toe defendant himself admitted
it was not in a fit condition for work.
Mr. Love said the horse was one of those used by cab
proprietors for night work, as they were ashamed to be
seen out with them in the day time. The horse was
totally unfit for anything but the slaughterer's yard, and
he had ordered it to be brought theta fir the magis-
trates inspection.
Mr. Bingham animadverted in strong terms on the
cruelty of using horses in such a condition, and ordered
the owner to be sent for.
On the owner making her appearance, Mr. Bingham
said he should have thought a female would have had a
little more humanity than to let a home go about in such
a condition.
Toe owner said she did not think it was very bad—it
ate and drank wel'.

Mr. Bingham said, unless she would consent to have
it slaughtered, she would have to suffer the consequences,
For he would not tolerate sue') cruelty.
The owner having consented, the horso was slaugl-
;ered in the presence of the society's officers.