The Sun.
London, England, 1857-10-27 00:00:00

CRIIVITRAL COURT—(This Dais;

OLD COURT.
(13Aore the Recorder.)
SERIOUS LIBEL ON THE VICE-CHAMIAN OP THE

SUBMARINE TELEGRAPH COMPANY.

Thomas Daimond Evans and Henry Thorn surren-
dered to their bail, charged with a misdemeanour in
publishing on the Bth of August a certain libel reflecting
on the character of the lion. F. W. Cadogan, Vice-
Chairman of the Submarine and European Telegraph
Company. In another count they were charged with
having offered to prevent the publication of the same ;
and a further count for having conspired to injure tie
character of Mr. Cadogan. The defendant Evans, it
will be recollected, was formerly in the service of tie
company, and the letter in question was written and
sent to the Times for publication in answer to a letter
from Sir J. Uarreichail, the chairman of the company,
relative to an Indian telegraph Message, denying, in the
most emphatic terms, that the ceinpany had ever be-
trayed the trust reposed in them by the public, or had
ever tampered with, or delayed any message entrusted
to them for transmiaeion. Evans pleaded a justification
under Lord Campbell's Act.
Mr. Sergeaet Ibil intine, Mr. Bodkin, Mr. Giflard,
and .).Ir. Griffiths prosecuted ; Mr. Sergeant Parry fie-
feuded Evans ; and Mr. Robinson defended Thorn.
Mt. Ballantine said that this was a charge of
a somewhat peculiar character, and involved cir-
cumstances that seldom arose in a criminal court.
Toe two defendants were charged with having published
a libel reflecting on the character of Mr. Cadogan, and
beyond that they were charged with having conspired to
publish the libel with a view of extorting money ; or of
abstaining from doing it, also with a view of obtaining
money. To those charges Evar,s and Tohrn had pleaded
not gushy; and in addition Evans had pleaded a justifi-
cation, viz., that his statements were true, and were
published with a view to the publio iutereat, and not
from private or malignant motives. The jary would
have to decide first, whether the letter in question was
a libel, and whether Evans' justification had been made
eut ; furthermore they would have to determine whether
or not the libel was published bona fide, and fqr the
benefit of the public, or for the purposes of extortion.
The defendant, Evans, was formerly in the Company's
service. The defendant Thorn was only known to them
as Captain Thorn, of the Prince's Club, Leicester-square.
The learned counsel then referred to the circum-
stances connected with the libel,- -which arose out of
a telegraph despatch forwarded from India in August
last, which caused much excitement at the time in poli-
tica! and commercial circles, especially in relation to the
funds, The learned sergeant then read the following
letter comprising the libel :
" Sir, —I beg to say I was superintendent of the in•
strurnent room of the Submarine Telegraph Company
from Nov., 1852 to 1b54, when I resigned ; that during
the above period one of the directors of thee onpany, the
Hon. F. W. Cadogan, was iu the habit of visiting the
ins rument room, and waiting in the board room daily
—say from three to four o'clock, and I had special in-
all messages of import-
ulpcan ioFtancla one parti-
satnrcuee,tiaonuds, in-
from ma
cho bier
qt to
es
ne tic
ed,
cular despatch from Lord Stratford de Redchffe to Lord
Clarendon, dated Constantinople, December 3,' re-
ceived via Brussels, when within half an hour after the
message had been sent by the Hon. F. W, Cadogan.
the funds fell per cent. Mr. Cadogan suddenly quitted
the office, and al cost directly afterwards we received a
message from Edersheiw, London, to Jacqueman, Paris,
touching this particular fall. There could, I assure
you, be no possibility of these parties having obtained
information only through us, and I am positive that
no elerk quitted the office. ,That the lion. F. W. Ca-
dogan frequently looks at the contents of the forwarded
arid received continental messages. At that time the
lion. F. W. Cadogan gave instructions to forward news
to his private residence, and ma one occasion I recollect
the contents of the Indian telegraph, received per Aus-
trian Lloyds, addreseed to the Times, being forwarded to
Mr. Cadogan. Another time I for warded a despatch
to Mr. Seymour Clark by order of Mr. Cadogan. Again,
on arrival of important continental news there occurred a
tall in the funds for the moment, and theresult was that
about noon a rush was made to the office by the first
stockbrokers of the slay. Mr. Cadogan being in the in.
strument room said to me 'Are you busy ?' I replied in
the affirmative, whereupon Mr. Cadogan took up the pack
of wesPages-25 in number—which were lying by my
aide, and, taking out from near the bottom of the parcel
a message from Rothschild of London to Rothschild of
Parin placed it on the top of the pile, and requested me
to give it precedence. I told him that all the messages
core sent out in the order in which they were received,
and to alter the arrangement was doing the public a great
ititistiCi. He desired ins to d r so, and I obeyed ; this
can be proved by reference to the file of messages, as on
the original message will be found a note of mine of the
fact in ink. I have not stated a single fact which lam
Lot in a position to prove by the officer or servants who
have been in the entpliy of the company, and by refer-
ence to my diary. I will content myself with the fore-
going statement, which will no doubt oompletily answer
the paragraph in Sir J. Car rnicheel'e letter, and will al,o
prove to the chairman and directors of the company and
to the pubic that you do not hazard opinions based on
rumours.

" T. W. EVANS."

Evidence having been called in support of the prose-
secutor's case, and by the defendant Evans in support of
his justification.
The case was expected to last the while day.

_ -
POLICE INTELLIGENCE. —(This Day.)

MARLBO ROUGH-STREET.

A Row AT SAVILLR Housg..—Charles Prestos, a clerk
in the War-office, residing at No. 12, Hereford-road,
B iyswater, Kensington, Chalet 'Anglian:l, 10, Pam-
broke-square, Kensington, ani Susan Brigge, a young
withwom Rune
being
drunkeasy virtue,
and
riotous werechsstr gseadv
Saville-'
oe
ueLeicester.
square, and assaul ingMr. Bingham
the
proprietor. Thomas Wm. O'Keefe,

- The prosecutor stated that about eleven o'clock on the
previous night he was sittil at the end of his rooms,
when his attention was attracted to the conduct of the
tvo male defendants. He Pert to the spot, and was
told by one of the waiters tbat they had been treating
the female artictes with champagne, which was
contrary to the rules of the place. He politely informed
them such conduct was PA allowed, and seeing
they were the worse for liquor, he desired them to leave
the place. After some dingier they left, but shortly
bringiog
after returned again, with them the female
prisoner, whom he knew to be
an improper character.
He remonstrated with them upon such behaviour, and
again requested them to leave. This they positively
declined doing until they
had something to drink. He
refused to alio w them to be served, when the male prisoner
assailed him with a volley of Ouse, and defied him to put
them out. lie then called his waiters and tried to get
them out of the room,
when Langhans struck him,
and in the struggle that ensued tore hie clothes all to
Piece' They- were eventually ejected from the pre-
mises, And given into custody, and after he had done
so the woman struck hive a violeitt blow iu the
placard was displayed face. The prisoners must hare been aware that such
characters as the female prisoner were not admitted, as a
_ Charles Adams, ono of the waiters at the establish-
ment,The prisoners Preston and
Pres-
ton struck him Pt:::
cerroberated the above statement, and said et the entrance to that effect.
Laughlin said they corn-
ulained to the complainant of the quality of the wine
supplied to them, and because they did so they were
ordered to leave the room. This they refused to do,
when they were hustled from the top to the bottom of
the stairs, and if there was any disturbance it was all
owing to the complainant and his servants.
Complainant said the prisoners Lail destroyed pro-
perty to the value et 121.
Mr. Bingham said he could not award damages over
51., but for this indecent conduct be should fine the male
prisoners 40s. each, and order them in addition to find
one surety each to keep the peace for three months. The
woina,s he should order to pay 205., or tea days.

The suspension of Me,ers. W. and H. Brand, in the
American trade, was announced yesterday afternoon.
The amount of their acceptances is stated to be about
110
,0001., and they would have been larger, but the
firm have latterly contracted their engagements. With
re-pect to assets nothing definite has transpired, but it
is thought they will be found to represent a fair total.
LIVERPOOL BOROUGH BAN H,—lt was stated eater-
(lay that the directors of the Liverpool Borough Bank
have been corepel:ed to apply to theßarik of England for ,
assistance and that the application had been favourably
entertained. It appears that the er.gagments of the in-
stitution are very extensive ; aad teat although their
means
s ample,
the immediate position of the money
market interfered with the realisation of some of
articu areh
e their securities. The relief thus afforded will exercise
great influence, plaily in a locality which is likely
to be seriously affected by the career of the American
panic.
About 50,000 half imperials (42,0001,) are expected
immediately from Russia, The exchange at St. Peters.
burg is still as low as 36d., and therefore much larger
slime would be writ but for the obstacles interposed by
Government. rite unfavourable state of the exchange
is attributed to various causes, among which are tie
large purchases of Lussian stock made in Germany and
elsewhere since the reterest on deposits at St. Peters-
burg has been reduced frem 4 to 3 per cent., the pay-
ments fen the stearnere bought for the Government and
private compar.nes, large imports to replenish the stocks
exhausted during the war, and, lastly, the slims spent
abroad by Russian travellers, including the Imperial
family.
SUICIDR OF MAJOR WARBURTON, M.P.—lt becomes
our painful dets to record the death of Major Warbur
ton,M.P. for Ilarw;c'J, who destroyed him:it:if on Friday
morning, about eissdit o'clock, at his residence at Frant,
by shooting humelt. A surge.in was sent for, but could
render no assistance, as the uni.ortunate gentleman ex-
pired almost immediately after the fatal act was com-
mittal. We are unable to give any further particulars
at so short a notice. An inquest will of course, be held
on the body. It may be unknown' to many of our
readers that the deceased gentleman was a brother of the
late Eliot Warburton, sthose untimely fate is so well
I known to them.— Tunbridue Wells Gazette.