The Sun.
London, England, 1835-11-10 00:00:00

COMMON PLEAS.-(THIS DAY-)

•
Mr. Justice PARK sat at Nisi Prim., to-day in the Cour:
of Chancery at Westminster. Tills arrangement v(!,
made in consequence of the Lords Coromlss:oner3 not SiL
tine till Saturday next, and in order to accoxodat3 the gcir
tlemert of the-. Ommon Law Bar.
NUTT V. MCDFORD.
tHE KENTISH OBSERVER.—LIBEL.
Mr. PHILLIPS, who appeared for the plaintiff in this else,
%tated that it was an action brought by Mr. John Nutt,
solicitor, and the town-clerk of the City of Canterbury
for an alleged libel upon his character, which had appeare
in the Kentish Observer, of which the defendant was tbet
editor. That paper, in consequence of the proceedings 3
the last election, had made a series of attacks tlP'n
the character of the plaintiff, imputing to him viol
many other charges, that in his character of town elerit
he had acted with gross partiality, and in the she
of party at the last election for that City.
Learned Counsel, after reading and commenting °PI
the libel in the most severe terms, and stating that
not proved to be untrue before a jury of his country•
might ruin the plaintiff for ever, said that the proce;
ing that had previously taken place in the case, was, in
most gross instance of bad faith he had ever met with at
the cousc of his professional life. The case had been
first taken to the Sheriff's Court, where judgment l'An
been given against the defendant by default, but 3t
apology having been made on the peat of the defenclall,
by Mr. Adolphus, the jury gave a verdict against I",";
with only 40s. damages. The very next day, however,
defendant, not satisfied with the slanders he had already
sued against the plaintiff, attacked him again, disclaiuled
having ever made an apology, and in atone of bitteriretenv
satire, hinted that the Jury had estimated the plaintiff's eh'
ratter at 40s. The Learned Counsel felt assured that an
lish Jury would never allow the character of private
In d
viduals to be vilified in this gross manner, and be truste
they would mark their sense of such conduct by he3v;
damages. tbs
Mr. THESIGER addressed the Jury on behalf 0.
defendant.

The Learned JUDGE summed up, and cl
The Jury, shortly before 3 o'clock, returned a ver
for the plaintiff—Damages, 1001.

EXCHEQUER COURT.-(THIS

WAINWRIGHT V. BLAND.

rOceeil

The ATTORNEY-GENERAL moved for a stay of P.
ings in this case, until the plaintiff had given security,
costs. There had been one trial already, and as the Wm
were of a particular nature, he would state them t° t 5
Court. The action was brought by Mr. Wainwright,„;
'.,
executor to Miss Frances Abercrombie, against the
v$
rectors of tha Imperial Lift; Assurance Company, "rtbe
policy for 5,000/. At the trial, the defence was, that
policy, although effected in the name of Miss Abercronlbi.i
was in fact effected by Wainwright himself; and With
own money, and on his own account. It was proved t`lj,
about the same time as the policy in question was effeeS.ss
others to a large amount had been effected by `"lbo
Abercrombie in her own name, although at the titne'sher
was in a state approaching destitution, having n 0,1 of
means of livelihood than a 10/. gratuity, as the lout the
a distinguished officer in the army. Within a few mettbie
after these policiei had been effected, Miss Ahereronl.fr,
and her sister were brought up to London by the phli°Atiled
who was her brother-in-law. She was taken ill and vor
very suddenly, and under circumstances of very great 50
picion. The case went to the Jury, who, afterheing
for a long time, applied to the Learned Judge to be °b.
charged, as they were not likely to agree ; and actor the
a juror was withdrawn. He supposed that some °`
Jury were deterred from finding for the defendantl.ect
consequence of the manner in which it would Viej
the plaintiff. He (the Attorney-General) never e%PeC,,,eg,
to have heard of the case again under such eircumstan'ing
and was much surprised at a fresh notice of trialll3V-
(iv
been given, as he contended, contrary to good faith, An ed
hoped it would not be allowed. The action was conle'eltr's•
in 1830, at which time the,plaintiff was within the i°llo
diction of the Court, but he now moved upon airl:l6,,riv
which showed that he was now in France under ear Lich
stances, even unconnected with the present case, %io,
would prevent his ever appearing in this country ag"
They showed that the Governor and Company tha
Bank of England had laid informations before too
LORD MAYOR against the plaintiff, Mr. Wainwright, f°„rtjor
cases of forgery of warrants-of-attorney. That fol'
these informations, Daniel Forrester, the officer, hag cut
lowed him to Boulogne-sur-Mer, and that the Govern :I; of
of France were applied to, to aid in the, appreheas`°Coir
the plaintiff, but they refused on the ground that o,° the
vention existed between France and England, lernifor
mutual giving up of persons to the criminal law;
such 'circumstances there was no chance of his ever 4 ryo!
coming to England. He had no property in this cel°' re-
and if the defendants got a verdict they would never p
cover their costs. Under all these circumstance* 550
trusted the Court would stay all proceedings in the
until security was given for the costs.
The CounT said the application came too late ; it °,,pti
to have been made before issue was joined, or at all°.
as soon as the circumstances disclosed were known. ova
The ATTORNEY-GENERAL—Not a shilling of costscor
been incurred since, my Lords, and, under the eir
stances, I hope the rule will be granted. ia
The Master reported that the former trial was tvrts
the nature of a Remanet, and the costs of it were 0-1011
the cause. Under the circumstances the Court felt 1
1. _and to refuse the rule.

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