The Sun.
London, England, 1861-12-18 00:00:00

here and there in Virgil, but could not construe a
single sentence correctly. His habits were pecu-
liarly dirty. I may say that I never saw his face
clean. (A laugh.)
Colonel Bathurst—l was formerly in the Cold-
stream Guards, and now command the 15. h Middle-
sex Volunteers. I was first introduced to Mr.
Windham in May, 1859, for the purp )-e of taking
him abroad. It was proposed by Vice-Chancellor
Wood that we should travel for six months. We
first went to Brusses, and then to Spa, where we
remained a fortnight. Then we went up the Rhine
to Wiesbaden, Frankfort, Baden-Baden, and so
through Switzerland. We visited Spa on our
return. The tour lasted about three months. I was
constantly with him during all that time. I did
the best I could, but I am afraid I effected no im-
provement in him. He did almost nothing in the
way of study, reading nothing but newspapers, and
that only occasionally. I offered to read with him
every day, but could not induce him to look at a
book. I believe he did read two of the " Ingoldsby
Legends," but that was all. Even of them he
seemed to remember only a single couplet, which
he often repeated—
" The modern monk
" Got jollily drunk."
(A laugh.) At Spa he was guilty of great cruelty
to a horse. He was in the habit of eating too much
avid very rapidly. A favourite fancy of his was to
speak in the Norfolk dialect. He was generally
very noisy indeed, and used to run up and down
the stairs of the hotel shouting at the top of his
voice. One day, in the Black Forest, he screamed
for half an hour. I concluded that he was letting
the steam off. (A laugh.) He often laughed
without any apparent cause. I could have made
him laugh as often and as long as I pleased. He
slavered at the mouth. He cried like a child, and
burst into tears for almost nothing. He was fond
of making the acquaintance of railway guards, and
was frequently allowed to work the breaks. He
larked with the waiters in hotels. He was always
falling in love with ladies whom we met, and to
some he made proposals. At a dinner-table near
Plymouth, he behaved himself in such a manner as
betrayed something more than a mere want of the
manners of society. Complaints were made to me
of his having used filthy language in the presence
of ladies. I induced him to make an apology.
Speaking generally, his manners were noisy and
boisterous, and he never failed to make himself
conspicuous in whatever company he happened to
be. He could not take care of his clothes, which
were dirty and full of holes. I gave him a little
money when he wanted it. He bought foolish things
—threw his money away. I found him untruthful,
and the falsehoods he told were sometimes obvious
and transparent. I have seen him in violent pas-
sions, but his fits were not frequent with me. My
impression is that if upon such occasions he had
happened to have a weapon in his hand he would
have used it. I returned to England sooner than
intended because I felt that Icould do no good with
him. I consider him a person of weak intellect. He
may go into society with safety, though he will al-
ways conduct himself as rudely and boisterously,
and make himself as conspicuous as he did with me,
but his want of mental power will always render
him incapable of managing his own affairs.
The inquiry was again adjourned,

In his Gazette he extracted all the information re-
gistered in the different courts of England, Ireland,
and Scotland, and gave information as to all per-
sons who carried on business by swindling, but their
names were not put into the Gazette until the cases
were investigated. The Gazette was only sent to
subscribers, who were requested to regard it as con-
fidential. He had never received a single farthing
for inserting or abstaining from inserting any one's
name in the Gazette. He was perfectly ready to
produce all his books.
Cross-examined by Mr. Sergeant Ballantine—l
invite my subscribers to give us the names of per-
sons who are supposed to be swindlers, and we in-
vestigate the cases. Ido not investigate them my-
self. I have agents in Loudon and other large
towns. I have eight or nine agents in London. I
pay them by salary.
Mr. Sergeant Ballantine—What do these gentle-
men get for hunting out information ?
Witness—From £l5O to £2OO a year.
Mr. Sergeant Ballantine—And a suit of clothes.
(Laughter.) Well, when one of these well•paid
gentlemen catches a swindlur for you what do you
do with him ?
Witness—We publish his name.
Mr. Sergeant Ballantine—That is an out-and-
out swindler. What do you do with a half-and-
half one ? .

Witness—We keep him in our register.
Mr. Sergeant Ballantine—Until he is full-blown
—(laughter)—and then you publish him?
Witness—Yes.
Mr. Sergeant Ballantine—You publish the auto-
graphs of swindlers ?
Witness—Yes.
Mr. Sergeant Ballantine—And you go to fur-
ther expense for the commercial community; you
publish photographs of swindlers ? (Laughter.)
Witness—We do, sir.
Mr. Sergeant Ballantinc—You don't keep a
secret police-office. You are not connected with
Mr. Field ?
Witness—l am glad to say lam not.
Mr. Sergeant Ballantine—Why, what is the
difference ? (Laughter.)
Witness—l decline to answer that.
Mr. Sergeant Ballantine—Now, what do you
call your legal agents ?
Witness—That refers to the collection of debts.
I mean solicitors who attend to the business of sub-
scribers on the terms mentioned in the prospectus.
Mr. Sergeant Ballantine—Oh, then, you are also
a debt collector ?
Witness—l am a debt collector through seven
hundred solicitors.
Mr. Sergeant Ballantine—Gracious, do you keep
seven hundred solicitors, and yet the world con-
tinues to exist? (Great laughter.) Do you keep
them, or do they keep you ? (Laughter.)
Witness—l suppose they keep themselves.
Mr. Sergeant Ballantine—On the system of half-
charges ?
Witness—No, my subscribers are entitled to the
services of the solicitors at a less charge than

usual.
Mr. Sergeant Ballantine—You have had other
actions brought against you ?
Witness—Yes—half-a-dozen.
Mr. Sergeant Ballantine—Did you ever fight
them ?
Witness—Yes. -
Mr. Sergeant Ballantine—Did you ever get a
verdict in a single action ?
_____„,--- Witness—Yes.
COURT OF EXCHEQUER. Mr. Sergeant Ballantine—You were not so lucky
Sittings at Nisi Prius at Guildhall.—(Before the with the others perhaps ? (Laughter.)
Lord Chief Baron and Special Juries.) Re-examined—l never published the name of any
STUBBS V, "LLOYD'S WEEKLY NEWS."—TRADE Imo. person in my list of swindlers without the strictest
TECTION SOCIETIES.—LIBEL. investigation. Once I published the autograph of
The declaration in this case stated that the de- a respectable firm which a swindling firm had imi-
fendant had published of the plaintiff the following tated, but when I found out the mistake I imme-
malicious and defamatory libel : diately explained it to the satisfaction of the respec-
" DAGGERS IN THE DARK. table firm. I have published many thousands of
"We are overwhelmed with letters from indepen- autographs, and only in one instance was there a
dent correspondents complaining of the doings of verdict against me, when the plaintiff, having shown
Messrs. Stubbs, Perry, and Co. An Italian gentle- that although he had been mixed up with swindlers,
man is especially struck with this anomaly in free he had not been personally engaged in swindling,
England. He asks whether we shall suffer that in I consented, on the suggestion of the judge, to a
this land of freedom, of justice, and of hospitality, verdict for 40s.
men's reputations shall be silently and secretly Mr. Sergeant Ballantine—What do you mean by
assailed, and that black mail shall be levied this under the heading, " Addresses Wanted," and
on the timid ? Tradesmen or professional then follows a long list of persons ?
men who happen to owe even the most Witness—Persons who have left in debt and
trifling sums may find themselves in one whose addresses neither we nor the subscriber have
of the black lists. Mr. Perry, for in- been able to find out.
stance,l ' issues a weeklyj private [list for sub- The Lord Chief Baron—You want the inventus
scribers only, with this caution under the title, viz., in place of the non est inventus. (Laughter.)
' The information herein being strictly confidential, This closed the plaintiff's case, and as no witnesses
subscribers are reminded that it must neither be were to be called for the defence it was summed up
shown nor communicated to any other person.' by Mr. Sergeant Shee.
This artful warning is intended to create subscri- Mr. Sergeant Ballantine then addressed the jury
leers. Mr. Perry wants his annual £3 3s. for the for the defence. He said the plaintiff was a young
information his circular affords. It is clear that the gentleman—a very young gentleman indeed to take
calculations of these trade protectors are based upon upon himself the position of arch-protector of the
the fears as well as the meanness of their customers. commercial interests of this community, which must.
There are tradesmen who will condescend to patro- be in a very bad way indeed if it wanted such pro-
nise a spy, in the hope that he may now and then tection as the spy system could afford. There was
lead them from danger. On the other hand, there another gentleman named Perry, who was also en-
are foolish men who fear the lash of the protector. gaged in the same benevolent design—(laughter)—
They are afraid that, not subscribing, they may be and it seemed that the system was going on to an
described as 'no good ; not very wise to go into enormous extent in this country. A public news-
business with such people,' whereas a little subscrip- paper, Lloyd's Weekly News, had referred to it as
tion puts them forward as ' good people, very re- a question of public interest and importance. That
spectable, and with good business." It is easy to newspaper was not conducted in the Stubbs fashion
perceive the tyranny the conductors of a persecuting —it had no secret agents, no secret spies, but as a
system of this description may exercise. not over public newspaper it had its attention called to the
wealthy tradesmen, but over the poor and strug- fact, and under these circumstances the article had
filing man, who may be ruined by an evil word. It been published. He would submit that all it intended
is enough that we have secret police offices, spring- to convey was that the system was rife with danger,
ing up in our midst, without suffering the degrada- and that such a power in the hands of an na-
tion of surveillance by the bravo who holds a dagger scrupulous person was bad and injurious. The sys-
in one hand and a subscription form in another. It tem was this : If any subset iber thought any per-
is the bounden duty of every honourable man to son a rogue, he was requested to inform the Gazette,
help to put an end to this disgraceful system of so that not only did Mr. Stubbs spy out swindlers,
espionage. The laws are strong enough to punish but he addressed to the gentlemen whom he wished
offenders. There is ample security openly offered to protect the insulting proposition that they should
to every man's house by the police ; he needs no do the same. In every parish how many men were
skulking detectives on his threshold. But trades- there who hated their neighbours, and every sub-
men are not alone concerned in putting aside these scriber had the power of putting his neighbour into
daggers in the dark ; men of all degrees are affected Stubbs' black list. How many persons were there
by them. They strike at the practice of the young whom he was addressing whose names might be in
doctor; they lay bare the passing difficulties of the Stubbs' black list. Mr. Field, whose younger days
student. All classes, therefore, should 'take action.' had been passed in catching thieves, had now his
Tradesmen should decline to be ' protected,' and private inquiry-office ; but one advantage of his
customers should refuse to deal with any of the system over Stubbs was that the former only gave
subscribers to private lists." the information he acquired to the person interested,
The defendant pleaded only not guilty. while the latter gave his to the whole world.
Mr. Sergeant Shee, Mr. Hawkins, and Mr. D. le, The Lord Chief Baron—You overstate the ease,
Keane were counsel for the plaintiff. Mr. Sergeant brother Ballantine. It is a secret which is only
Batlantine represented the defendant. confided to 20,000 subscribers. (Laughter )
Mr. Sergeant Shee, in opening the case, said that Mr. Sergeant Ballantine admitted the secrecy of
the plaintiff in this action was Mr. Stubbs, of the transaction, and that the fact of there being
Stubbs' Trade Protection Society, and the pro- 20,000 subscribers must prevent any one else from
prietor of Stubbs' Gazette, and the defendant was knowing anything about it. (Laughter.) Now,
the proprietor and publisher of I loyd's Weekly this Stubbs' Gazette was one mass of libel from be-
/Yews. The action, which was for libel, was brought ginning to end. Ho had rather admired this young
under the following circumstances :—rhe plaintif, gentleman, Mr. Stubbs, and he would frankly admit
who had succeeded his father in the same business, he rather believed him, for he had given his evi-
carried on a trade protection office of a most eaten- denee with a smiling satisfaction that irresistibly
sive character. The central office was in London, led to the conclusion that he felt he was doing
and there were branch offices in Birmingham, Glas- nothing dirty, (Laughter.) There were street
gow, Edinburgh, and Dublin; and when he told scavengers as well as moral scavengers, but the per-
them there were on the list of subscribers at £1 10a sons who swept our chimneys or who cleaned out
a year the name of 20,000 gentlemen engaged in our dustholes were not precisely the class of persons
trade, they would be aware of the high apprecia- we should wish to see in our drawing-rooms. How
tion in which the services which the society did the system work ? John Tompkins had a grudge
rendered to the mercantile community was held, to John Jones, and ho sent in his name to Stubbs'
The service thus rendered to the commercial world Gazette. John Jones did not read Stubbs' Gazette—
was this, that it gave to all persons by its publics- he preferred a lighter class of literature—(laughter)
tion and machinery the best possible means of pre- —and there his name figured. If there was a John
venting the mischief of incurring bad debts. Jones in court, he would advise him to look at
tubbs' Gazette contained information of the highest. Stubbs' Gazette, and probably he would there find
importance to mercantile men, It gave a statement his autograph in mistake for that of some other John
of all warrants of attorney, all cognovits, all judges' Jones, in the same way as the little mistake had
orders, and all bills of sale which were registered in occurred before. (Laughter.) Now Mr. Stubbs
the public offices, and which documents gave a pre- might be the incarnation of everything that was
ference to those who had obtained them over all honourable and upright, and just as good as he
other creditors, and therefore it was of the utmost thought himself, but echo were Stubbs' agents? He
importance that mercantile men should know (Sergeant Ballantine) hated spies, and from their
whether the property of persons with whom they employment he had no faith in Stubbs. He
were dealing was pledged to others. When he told thought that the agents of innocent Mr. Stubbs
them that during the week prior to the publication might do very dirty things in the very dirty work
of the Gazette which he held in his hand there had which he had provided for them. So much for
been 12 warrants of attorney and cognovits, 14 swindlers. But was every person who gave a
judges' orders, 242 bills of sale, and 210 county judge's order or a bill of sale to be held up in this
court judgments registered, they would estimate the publication ? A person might raise money for the
value of the information thus afforded to the sub- most honourable purpose, and yet be branded
scribers to whom this Gazette was a safe and sure amongst a nest of swindlers. He trusted that the
guide. Mr. Stubbs maintained a staff and trade of this country would never have to depend
machinery to do for the mercantile community what on such a system as spies and informers. This was
each individual could not do for himself. Its ob- a great and important question which the proprie-
ject was to give to the great majority of the traders tor of this journal had taken up ; and he trusted
of this great city and of this great country the advan. that it would never be countenanced or supported
tage of fair dealing—it was with this object that by the verdict of any jury of English gentlemen.
this trade protection office had been established; The Lord Chief Baron, in summing up, said that
and thus it was countenanced and suppported by this was an action for libel by the proprietor of
the
mercantile world. It stood to reason that if any Stubbs' Gazette against the proprietor of Lloyd's
man did not perform the workwhich he undertook
from doing a se Weekly News. The press of this country was en-
thoroughly,
honestly, and conscientiously, so far tirely free, and if it published anything regarded
he could hardmlyacnon
pest, and would hicy.e, he would become a perfect as questionable, and a remedy were sought in a
ceive any charge more disgrace
ring ruin on thousands ; so that civil or criminal court, it would be for the jury
ful against a. alone to decide that point. The proprietor of a
he had put money inin
hirs. Stubbs' position than that newspaper could not complain if comments were
ratter of an honest trade pocket, o destroy the cha- made on the conduct of his journal. The idea that
whom he knew to be unworthy as
to represent aman the intelligence which the plaintiff circulated was
be trusted. If they found that it as
one who should secret because it was confined to 20,000 subscribers
intention of the writer of this libelw was
a the deliberate was a farce. He could not see any objection to the
a charge, no doubt he had done tohis make
out plaintiff's Gazette if it were limited to the publica-
such
only to destroy the plaintiff's trade, but to very
yirast tion of what was directed to be registered some-
notst where by the legislature ;. but ho did not think
his character. The learned sergeant, having read that any persons would be justified in publishing
the libel, proceeded to say that it put the plaintiff the names of
on the level with the midnight assassin, and Mr, :houghpawned articles,
on who had .
Stubbs being determined to challenge the defend- credit; he could in some cases a guide to
might be e
not justify the practice under
ant, who did not now dare to justify his words to which A could complain of B, and then B should
the proof, had brought this action. be placed under the surveillance of 0 7 0 attorneys ;
Mr. Stubbs, the plaintiff, was then called in sup- he could not say this that
system of spy ing behind
mit made by his learned counsel. a man's back might not
port of the statement lead to considerable mis-
ded his father nine years ago chief, and certainly it deserved no encouragement.
same business, though more But the only question for them in Manchester, in the
to London four years ago, the conduct of PF.tubbs' Gazette,but
local character; he came as to the

LAW INTELLIGENCE.—Dec. 17.