The Sun.
London, England, 1832-12-04 00:00:00

TAYLOR V. CLARKE.

This action was brought by Mr. Charles Taylor, the vo-
calist, to recover the sum of 91. 9s. from the defendant,
who is also a vocalist, under these circumstances:.—Mr.
Clarke, the defendant, bad the arrangement of the vocal
department at three dinners, at which Mr. Taylor attended
professionally. The money for the whole of the vocal
performers was paid to Mr. Clarke, who refused to hand
over to the plaintiff the share due to him for his services,
and, therefore, the present action was instituted to reco.
ver it.

The defence was that Mr. Taylor was indebted to the
defendant for his attendance at other festivals, under pre-
cisely similar circumstances, and that he kept the money
as a set-off against what Mr. Taylor owed him fur those
occasions. The defendant also pleaded the Statute of Li.
mitations to part of the alleged debt.

After hearing a good deal of evidence the Jury returned
a verdict for the plaintiff—Damages 6/. 69,

COURT OF COMMON PLEAS, DEC. 3.

RIGBY V. HAMILTON.

This was an action brought by the plaintiff, the son of
Mr. Rigby, the barrister, to recover compensation in da-
mages of the defendant, a gentleman residing at Yateley,
for a libel published in the Reading Mercury.
It appeared that, some time previously to the publiea•
tion of the libel in question, placards had been posted up
in Yateley, and also sent by post to the different young
ladies in the neiehbourhood. headed
" IMPORTANT TO PARENTS AND GUARDIANS.
" WHEREAS

" I, Francis George Hamilton, of the parish of Yateley, my
probation as a widower having expired, am desirous of forming
a suitable connection with any body whose general disposition
is answerable to my own—viz., amiable, benevolent, and assi-
duous in preserving foreign and domestic tranquillity. Any
person wishing to enter into the above-named alliance will
please to announce the same to the principal, near Yateley_
cottage, Bagshot, Hants."

Mr. Hamilton, suspecting that Mr. Edwin Rigby, the
w,as the author of the anonymous placard, sent a
friend of his, Captain Mieklethwaite, to him, for the pur-
pa,se of learning whether he was or not. Captain Mick-
lethwaite saw him, and stated his suspicion., requesting
that if in a thoughtless moment, he had been guilty of so

imprudent a thing he would make an apology. Mr.
Rigby put his hand to his heart, and gave his honour that
he had no participatory knowledge of the placard. Some
time subsequently, however, a woman named Mani, who
had lived, at the time the placards appeared, in the to-r-
-vice of Mr. Rigby, senior, at Yateley, left his service.
and then stated to her father and mother, in the presence
of Mr. H imilton, what she had observed on the night of
the 15th of April, preceding the morning on which these
placards appeared. She took care of the plate, and
having lost a spoon, went into the parlour to look for it,
and • here saw Mrs. Rigby, the mother of the plaintiff,
and Miss Rigby, stirring up something in a silver sauce-
pan on the fire. In the course of the night, also, Mr.
Edwin Rigby told her to tell him when a labouring man,
named Tyce, one of the out-d .or servants, came there.
She slid inform hint, and Mr. E. Rigby took him out into
.:he stable, and made him take off a smock-frock which he
wore, and took it himself. She was also in the habit of
locking up the house; but on this night Mrs. Rigby desired
her to leave one particular door open. On the following
morning, when she was cleaning the room, she observed
stains apparently of paste on the table cover in the dining-
room ; and she learnt afterwards that the placards had
been pasted up dui ing that night. At about 12 o'clock in
the day, Mr. E. Rigby and Miss Ciroline Rigby went
over, in a four-wheeled gig to Reading, distant about 12
miles from their house. They returned at about three,
and when they had almost reached home the horse ran off,
and the carriage was upset, and Mr. E. Rigby thrown
out. His hat fell off, and out of it dropped three letters,
addres.ed to three young ladies resident in the neighbour.
flood. The maid servant, is ith woman's curiosity, peeped
in to see what they contained, and discovered that the en-
closed placards similar to those pasted about the village.
To the meantime, circumstances occurred to break the in-

'--,,,ev that had existed between the family of the
• - Mr. and Mrs. 8ru.y...1ei,:,,hi0
thalesopilaiveeldrdist:
~,... .
plaintiff anu ~ - - then related what she had 13, en
the village; and the latter
witness to subsequent to the puhir..- . .
Pi
ai.tilesdtantef'd and
N,(ll,ri.r
addressed
i il
tto r;
itil
ti ei
cnu fPairB
csntempt for anonymous writers, aad he observed that
lbylitsoheral
itrl.leEli.bßeligcboym.
Mr. Canning, on an occasion of being libelled, had said
that an anonymous writer was a liar and a coward, and
only wanted courage to be an assassin ; in which senti-
ment he entirely concurred, signing it "T. Hamilton." The plaintiff still denied the authorship of the placards,
and now brought his action to recover damages for the
injury he had sustained.
A great number of witnesses were examined on both
sides, ai;d their testimony was of the most contradictory

nature.
The defendant admittel being the author of the state-
ment enrp9lairied of.
_oir „Aar!l,so tl e ;ivy for the Oefendant, and
A A" Air. I '4
called a number `..lf witnesseg•
Several young ladies in the neighbourhood proved
having received letters enclosing copies of the placards.
The CI-4EF JUSTICE summed up, and told the Jury to
consider whether Alr. Rjoy was the author ot the placard
or not. If they were ot opip,on that be was, they
would only give temperate damages against the defendant,

as it was dear he had heard enough from the witnesses
produced to mislead him. His Lordship was proceeding
in his charge, when the Jury stopped him by intimating
that they were satisfied ; and immediately found for the
plaintiff—Damages 501.

COURT OF EXCHEQUER, DEC. 3.