The Sun.
London, England, 1859-01-21 00:00:00

RAILWAY COMPANY.-SLANDER.

This was an action broughtby the proprietors of
the Lewes Bank, to recover compensation in da-
mages, for a slanderous communication published
by the railway company, and telegraphed to the
various branch stations on the line, to the effect that
the Lewes Bank had stopped payment, and cau-
tioning their clerks not to take its notes. The
plaintiffs complained that the re port caused a" run"
upon the bank, and proved very prejudicial to their
interests. The case was tried before Lord Camp-
bell, and resulted in a verdict for the plaintiffs, with
damages, £2,000.
A rule was subsequently obtained by the Attor-
ney-General, calling on the plaintiffs to show cause
why the verdict should not be set aside and a new
trial had, on the groundthat the verdict was against
evidence.

Mr. Lush, Mr. Hawkins, Mr. Creasy, and Mr.
Spinks now showed cause against the rule.
The Attorney-General rose to address the Court
in support of the rule, but was interrupted in the
commencement of his argument by
Lord Campbell, who said the Court was of opi-
nion that there ought to be a new trial, each party
being at liberty to amend ; and that at the trial
there should be a special verdict, or a bill of ex-
ceptions, with both sides agreed to a special case,
in which the questions in dispute could be best
raised and decided.

Mr. Lush was of opinion that the plaintiffs would
be able to prove a special case.
Rule absolute for a new trial.

COURT OF COMMON PLEAS.

(Sitting at Nisi Prius, in Middlesex, before Mr.
Justice Byles and a Common Jury.)

CROOKE V. CAUNT AND WIFE-DISTURBANCE IN
A PUBLIC-HOUSE-ANOTHER JURY DISCHARGED

WITHOUT A VERDICT.

This was an action against Ben Caunt, the pugi-
list, and his wife, to recover damages for an assault
said to have been committed on the plaintiff by
Mrs. Caunt, and the damages were laid at £2OO.
The defendants pleaded not guilty, and also that
the plaintiff was making a noise and disturbance in
a public-house kept by the defendants, that this
justified his removal therefrom, and that the alleged
assault was committed in removing him.
Mr. Sergeant Ballantine and Mr. Hall were
counsel for the plaintiff, and Mr. Sergeant Parry
and Mr. Lawton appeared for the defendants.
In the opening speech it was stated that the
plaintiff was a man who had been employed for
some years, off and on, as a sort of odd man about
the defendants house, and in September last he
claimed a small sum of money as due for services
rendered to the defendants. On the 16th of that
month he went to the defendants' house, the Coach
and Horses, in St. Martin's-lane, and asked for
what was owing to him. Instead of getting it,
however, Mrs. Caunt threw beer over him, and
afterwards seized him and pushed him out of the
house with such violence that he fell upon his
shoulder and dislocated it. He went to the Charing-
cross Hospital, where the joint was set, but in con-
sequence of his being a man in years, it was pro-
bable that he would suffer from the injury for a
much longer period than a young man would have
done.

John Crooke—l am the plaintiff. I have been
waiter at Mr. Caunt's house, the Coach and Horses,
for 11 years, on and off. I left last time in August
last. There was then owing to me about £2. On
the 16th of September I called and asked for Mrs.
Caunt, but she had not come downstairs. I went
again and saw her at eight or nine o'clock in the
evening. I said, "Can I speak to you, if you please ?"
And I, in a low tone of voice, asked her if she
would let me have some money. She said she did
not owe me any. I said she did. and must pay me.
She shoved me from the counter, and she delibe•
rately drew some beer and threw it at me. I
ducked my head, and it went over two soldiers. (A
laugh.) She drew some more and threw it in my
face unawares. She begged the soldiers' pardon,
saying what they had got was meant for me. She
came from behind the counter, took me by the
shoulders and pushed me into the street. I fell
down the step, and alighted on my shoulder, which
was much hurt. I was senseless at first, and a
gentleman picked me up. Next day I went to
Charing-cross Hospital, where my shoulder was
found to be dislocated. I have not been able to
carry anything heavy since. It was about one in
the morning when I was turned out of the house.
Cross-examined— I vas not drunk. I did not
call Mrs. Gaunt foul names. I did not tell a person
named Josh that I did not know how it [had hap-
pened, but that my attorney had sweated Ben
before, and should sweat him again. Ido not know
what is Josh's trade or profession. (A laugh.)
Mr. Justice Byles—l suppose, Brother Ballan-
tine, that :Mr. Josh is a gentleman of the bar.
(Laughter.)
Mr. Sergeant Ballantine-..At the bar it should
be, my lord. (Laughter.)
Witness—Mrs. Caunt has given me money at
times, but I do not know that she has given me
any when I did not earn it. I have something the
matter with my legs—a kind of scurvy. Ido not
know that Mrs. Caunt has torn up sheets with
which to bind my legs.
George Carroll—l am a messenger, employed at
Simpson's in the Strand. I was at the defendant's
house about one in the morning of the 17th of
September. I saw plaintiff speak to Mrs. Caunt.
He said something about a payment, but I did not
hear what. I saw Mrs. Caunt throw the two pints
of beer at the plaintiff. When the second pint
went in • the plaintiff's face he wiped his eyes.
Mrs. Caunt came from behind the bar like electri-
city. (Loud laughter.) Some one opened the door,
and Mrs. Caunt caught him at the back of the
collar, put her other hand to his back, and out he
went like that (striking his fist against his hand
sharply). (Renewed laughter.)
Crooke (the plaintiff) recalled—l live 300 yards
from the Coach and Horses. I walked home after
I was turned out.

Martin Webber—l am landlord of a lodging-
house, 10, Conduit-court, where the plaintiff lodges.
When he came home between twelve and one
on the morning of the 17th of September, he was
sober. He complained of his shoulder.
Mr. Skegg—l am house-surgeon at Charing-
cross Hospital. I found the plaintiff's shoulder
dislocated. I administered chloroform and the
operation was successful. The plaintiff told Ise he
was 67 years old. A man of his age would not so
easily recover as a young man. He would probably
feel it for some time at changes of the weather.
Mr. Sergeant Parry, in his addresS to the jury,
characterised the action as a trumpery ono, which
never would have been brought if Mr. Caunt had
not been a pugilist, and had the honour or the
misfortune, as the case might be, to be the Cham-
pion of England. He did not know whether the
gentlemen of the jury had ever seen Mr. Caunt, but
if not, he could assure them that he was a fine sight
to see. (Laughter) He was a large, strong,
powerful man, and was champion of the heavy
weights. He was, however, a man quiet and well-
disposed, and it was much to his credit that he had
restrained himself from interfering in this affair.
He was present in front of the bar of the house
during the whole time, but though the plaintiff had
used most disgusting language to Mrs. Caunt,
he had never touched him, for he feared if
he laid a hand upon him that he might do
hint a serious injury. They would hear that
the plaintiff was drunk at the time; that Mrs.