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

TRIAL FOR DEFAMATION.

The c tie 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
Edinburgh Post:—
The pursuer was John Miller, residing at Ward
Park. Hear Cumbernauld, and factor on the estates of
Mr. Fleming, of Cumbernauld, as also on the estates of
Lord Elphiustone ; and the defender, the Rev. Robert
Jessop, formerly residing at or near Trinity, Newhaven,
thereafter living at Cumbernauld House, and now at
Largs. The issue was as follows :
" Whether the defender, on or about Monday, the
20;h day of January, 1845, at or near the Castlecary
station on the Edinburgh and Glasgow Railway line, and
in the presence or hearing of James Dodds, keeper of
the said 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 teen dismissed from his situation, meaning
his situation as factor either on Lord Elphinatone's
estates or the Cumbernauld estates or both, that he had
robbed the Cumbernauld family of 6,0001. ; that the
parties who had winked at his conduct were now
obliged to speak out, and that the sooner
he 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 Mg-Jaren, or either of them, mean-
ing thereby to hold out or represent the pursuer as a
person who had been dishor-est in the affairs committed
to his charge, and whose dishonesty had been at last de-
tected, 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 Vie view of
going by the train—that, during the conversation which
ensued between witness and the defender, the latter re-
marked, in reference to some shooters on the estate of
Cumbernauld, that Mr. Miller had no authority to give
them leave to shoot more than he himself—that he (the
pursuer) hod been kicked out of his situation—that his
conduct had been winked at for a length of time—that
it could be winked at no longs r—that the truth would
all come out—that he had robbed the estate of Cumber-
nauld of 6,0001., and that the sooner he left the country
the better. Dodds mentioned this conversation to Mr.
M'Pherson, the innkeeper at Castlecary, and also to Mr.
M'Laren. M'Lsreu's testimony was, that he overheard
Jessop say he had robbed the estate of Cumbernauld
of 6,0001., and that the sooner he left the country the
better." Witness 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 tcr-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 coun•
try, and could have no possible motive for sa3ing any-
thing against Mr. Miller—khat his profession as a
clergyman, 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 utmost difficulty, seeing that an unfavourable verdict
would militate much against his future career, and,
lastly, that the defender emphatically and solemnly dis-
claimed having used any expressions of the nature
libelled on.

The Lord Justice-General having charged the jury,
they retired, and, after deliberating, returned a verdict
for the pursuer—Damages, 2001.

Died, at Hastings, on the 27th ultimo, in her 77th
year, Mrs. Elizabeth Jaffray : she was the widow of Captain
Jaffray, late of the East India Company's service, and has
left personal property amounting to nearly 60,0001. She
made her will about a fortnight before her death, bequeath •
ing her property as follows :—To Mr. M'Cabe, physician,
Hastings, 2,000/. ; to her man servant, 2,000/. ; to two fe-
male servants, 1,0001. each ; to her god-daughter, Blanche,
the daughter of the late Mr. J. Cox, '2,000/. ; to his widow,
500/., and his son 500/. ; to Mrs. H. M. Orme, 500/., and to
the testatrix's nephew, Henry N. Nugent, of the Hon. East
India Company's Medical service, 200/. The residue, between
40,000/. and 50,00001., she leaves to her executors, Mr.
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 John Philips, 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, M. Gibbs, on the body of James Bli-
lingham, 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 for 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 some 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
54d. in copper. The deceased was perfectly sober. A ver-
dict of " Found drowned" was returned.
Baron de Moncorvo, Portuguese Minister, transacted
huskiess yesterday at the Forei&n-effcci.