The Sun.
London, England, 1845-12-31 00:00:00

TRIM, FOR. DEFAMATION.

The else of Miller v. Rev. R. Jessop came for trial in
Edinburgh on Monday before the Lord Justice-General
and a jury, of which the following report appears in the
Edinbutgh
'The pursuer was John Miller, residing at Ward
Park. near Cumbernauld, and factor on the estates of
Mr. IT ming, of Cumbernauld, as also on the estates of
Lord. Elphinstone ; and the defender, the Rev. Robert
Jessop, formerly residing at or near Trinity, Newhaven,
thereafter living at Cumbernauld House, and now at
Lerge. esThe issue was as follows :
Whether the defender, on or about Monday, the
20 h day of January, 1845, at or near the Castlecary
8-talon on the Edinburgh and Glasgow Railway line, and
in the presence or hearing of James Dodds, keeper of
the steel station, and Lawrence M'Laren, driver of a
coach between Castlecary and Stirling, or either of
them, did falsely and calumniously state that the pur-
suer had Leen dismissed from his situation, meaning
his situation as factor either on Lord Elphinstone's
estates or the Cumbernauld estates or both, that he had
robbed the Cumbernauld family of 6,000/. ; that the
parties who had winked at his conduct were now
obiged to speak out, and that the sooner
be was away from the country the better? Or did, time
and place aforesaid, falsely and calumniously make a
statement, or use expressions of a similar import and
tendency, in the presence or hearing of the said James
Dodds and Lawrence M'Laren, or either of them, mean-
ing thereby to hold out or represent the pursuer as a
person who had been dishes: est in the affairs committed
to his charge, and whose dishonesty had been at last de-
teceed, to the injury and damage of the pursuer?"
Damages laid at 2,0001. sterling.
Mr. Rutherford having opened the case for the pur-
suer, James Dodds and Lawrence M'Laren were suc-
cessively put into the witness-box. The evidence of the first
went to show that Mr. Jessop came down to the station
in the afternoon of the day in question with the view of
going by the train—that, during the conversation which
ensued between witness and the defender, the latter re-
merkeel, in reference to some shooters on the estate of
Cembernaull, that Mr. Miller had no authority to give
them leave to shoot more than he himself—that he (the
pursuer) had been kicked out of his situation—that his
conduct had been winked at for a length of time—that
it could »hiked at no longer—that the truth would
all co:ue out—that he had robbed the estate of Cumber-
nauld of 6,0001., and that the sooner he left the country
the better. Dedds mentioned this conversation to Mr.
M-Pherson, the innkeeper at Castlecary, and also to Mr.
M'Laren. M.Leretee testimony was, that he overheard
Jeseep say • he had robbed the estate of Cumbernauld
of 6,000/., and that the sooner he left the country the
better." Witneee did not understand at the time who
the person referred to was, but was shortly afterwards
told by Mr. Dodds that it was Mr. Miller, who also re-
marked to him " this is a queer Character that Mr.
Miller is getting." Mr. M'Pherson was also called, but
his evidence amounted simply to the circumstance re-
ferred to being the subject of conversation at the inn.
Lord Murray, who was one of the trustees of Mr.
Fleming, and the agent for the estate, testified to the
unexceptionable character of Mr. Miller.
Mr. Inglis addressed the jury in behalf of the de-
fender. He contended that, this being a case of alleged
verbal slander, the jury ought to keep in view that the
circumstances out of which it arose were likely to have
been greatly exaggerated; that there was, in reality,
only one witness, Dodds, to support the issue; that the
defender was quite a stranger in that part of the come
try, and could have no possible motive for saying any-
thmg against Mr. Miller—that his profession as a
eler;;yinun, while it naturally required of him to be
cautious and prudent in making statements affecting the
character of any party, also placed him in a situation of
the wmost difficulty, seeing that an unfavourable verdict
would militate much against his future career, and,
lastly, that the defender emphatically and solemnly dis-
cl timed having used any expressions of the nature
libelled on.

The Lord Justice .General hating charged the jury,
they retired, and, after deliberating, returned a verdict
for the pursuer—De[ ages, 2001.

Died, at Hastings, on the 27th ultimo, in her 77th
ves7, Mrs. Elizabeth Jaffrey : she was the widow of Captain
aftray, late of the Eaat India Company's service, and has
left personal property amounting to nearly 60,0001. She
made her wilt about a fortnight before her death, bequeath •
ing her property as follows :—To Mr. M'Cabe, physician,
Hastings, 2,0001. ; to her man servant, 2,0001. ; to two fe-
male servants, 1,9001. each ; to her god-daughter, Blanche,
the daughter of the late Mr. J. Cox, 2,0(X)/. , to his widow,
.500/., and his son 5001. to Mrs. H. M. Orme, 5001., and to
Henry N. Nugent, of the Hon. East
the testatrix's nephew,
India Company's Medical service, 2001. The residue, between
she leaves to her executors, Mr.
40,0001. and 59,0000/.,
Francis Smith, banker, and Mr. Eli West Stubbs, chemist,
both of Hastings, for
_their own absolute use. The will
is dated Nov. 11, 1845, and witnessed by J. G. Shorter,
and JohnPhilips, solitor, Hastings.
FATAL ACCIDENT AT THE SHIP PIER AT CHATHAM.
—Yesterday a coroner's inquest was held at the Ship Inn, by
the Deputy-Coroner, 31. Gibbs, on the body of James Bic-
lingliant, captain of the barge Dispatch. The deceased, it
appears, came on shore on Saturday afternoon last, having
secured his boat to the dumb barge at the end of the ship
pier, and during the evening entered the Tartar frigate with
two companions, when they had between them three pots
of beer, and left again about eight o'clock for Rochester,
when the deceased got measured fur a new suit of clothes.
He returned alone, and it is supposed walked down the pier,
and the night being dark, the wind blowing strong from
the north-west, the deceased walked overboard from the
barge into the river, and was drowned. The watch found in
his pocket had stopped going at twenty-three minutes after
nine o'clock, and about that time several persons heard cries
of help from Borne man in distress ; but owing to-the incle-
ment night the cries could not be traced. The pier is up-
wards of one hundred feet in length, and in total darkness.
The deceased was about thirty years of age, and bore a very
excellent character. On his person was found a sovereign
and a half, and two half-crowns, one shilling in silver, and
W. in copper. The deceased was perfectly sober. A ver-
dict of " Found drowned" was returned.

Baron de MOncerro, Portuf;urseifinister, transacted
business yesterday at the Foreign-office.