The Sun.
London, England, 1845-05-12 00:00:00

LAW INTELLIGENCE.
COURT OF COMMON PLEAS, May 9.

Middlesex Sittings at Nisi Prius, before Mr. Juietke Eat. 2 and
Common Juries.)
aaooNia C. 00SDEN.

This was an action of libel.

The plaintiff is the landlord of a public-house called the Rising
Sun, in Ayr-street, and the defendant is the printer of the Era
newspaper- The alleged libel represented that the plaintiff had
given information of a fight which was to come off on the 13th of
August last, between two persons named Smith and Sixmens, near
Melton, and that his object in giving the information was for gain,
as he had a large interest in one of the parties. It was also stated
in the same newspaper that a man had been hecussed and robbed
in the plantiff's public.house, and that the plaintiff's disgraceful
affair with George Norley, and •other shameful acts, were not for.
gotten. Special damage was alleged, and two witnesses were
called to prove that in consevence of the statements in the Era
they have abstained from staying at the plaintiff's house en the
occasion of their coming to London.

On the part of the defendant, it was contended that he was not
liable for the statement which had appeared in the newspaper, in-
asmuch as it was contained In a letter bearing the signaturT. of
" A Lover of Honest Sporting," and was accompanied by some
observations of the editor doubting the truth of the representa.
tions, and stating that the newspaper was open for the insertion of
Any observations in explanation that the plaintiff liked to make.
It was also contended that the statement relative to the hocussing
cast no imputation upon the landlord of the public-house.
The jury found a verdict for the plaintiff, with damages Is., on
the issue which was undefended, and for the defendant on the other
issues.
The Learned Judge refused to certify.

appearance of a foreigner, and, having locked the room '
door, he placed his back against it. Complainant
asked him how he dared to enter his room in that
way ? To which the defendant replied, " I have come
to ask payment of the money you owe me." Complainant
said if defendant had any clain on him, the law was
open, and then proceeded to the door to endea-
vour to get out, but the defendant would not allow this,
and, fearing the defendant meant to do him some bodily
injury, he rang the bell violently for his servant. When
his sevant came to the door, he called out to him to
go for a policeman. The defendant still kept on say- '
ing, " Why don't you pay me the money," and bluster-
ing about the room. Complainant went to the washing-
stand, and.while his back was turned towards the defend-
ant, the defendant said "Do you mean to say you don't
owe me this money r' to which he replied he certainly
did not. The defendant then called him a d—d liar,
and struck him a -violent blow with a stick on the back
part of the head. The blow was given with sufficient
force to knock him slightly os er the wash-hand basin.
The foreigner immediately opened the dour and went
out of the room. As soon as he recovered from the
affects of his surprise, he ran after the defendant, seized
him, and held hum as well as he could. In a few mi-
nutes a police constable arrived, and he gave him in
charge. Complainant went for his soLcitor ; but when
he get to Vine-street station house be found defendant
had been discharged.
Cross-examined—Had formerly been in the habit of
playing with Sir James Mackenzie. Knew a Mr.
Baugham in 1837 ; introduced him to Sir James Mac-
kenzie at Devonport. Believe Sir James won some
money of Mr. Baugham. Could not recollect whether
the amount was 3001., and whether Sir JaMes had told
him that Mr. Baugham had given hi., acceptance for
that sum. Could not recollect whether he had agreed
to pay Sir James 160/. on behalf of his friend Mr.
Baugham, on condition of a certain statement being
suppressed. Could not recollect whether he (com-
plainant) had made a statement in writing relative to
Sir James at the Horse Guards. _ _ _

During the course of cross- examination, which was
continued at great length, frequent personal altercations
took place between the professional advisers of both
parties, and the Court was more than once obliged to
interfere. _ _ _

Mr. Heaton proceeded to say that he was astonished
at finding that any one holding her Majesty's commis-
sion could have acted in the any Capt. Campbell had
acted. The facts were these :—Mr. Baughatn, Cept.
Campbell's friend, was in the habit of taking his chance
of winning money from Sir James Mackenzie ; but upon
one occasion in his life he lost, and he .refusing to pay
Capt. Campbell undertook to pay but did not, and ulti-
mately, certain false and injurious communications
against Sir James were made at the Horse Guards. Sir
James had not an opportunity of communicating with
Capt. Campbell on the subject until Saturday morning
last. He went to Capt. Campbell's lodgings, not to give
him a blow, but to ask him for the money owing, and to
demand satisfaction for the wrong and the insults he had
sustained. Capt. Campbell's manner towards him be-
came so offensive that he lifted his walking-stick and
gave him a blow. He hoped, therefore, the Court would
admit that a sufficient amount of provocation had been
committed to justify a lenient decision.
Mr. Hardwick said under all circumstances he could
see nothing in the way of mitigation. The assault was
proved, and quite unjustifiable ; and he felt that the
Case ought not to have come before him, but ought to
have been referred to another tribunal. However, if the
parties chose to have the charge disposed of in his court,
all he had to do was to go to the extent the law per-
, mitted, to impose the paltry penalty of 51. ; and in addi
tion, call on the defendant to enter into his own recog-
nizances in 100/, and to find two good sureties in 501.
each, to keep the peace.
A JACK IN AND ♦ JACK OUT OF OPFICE.+A tall, gaunt,
grizzle-haired man, who was immediately recognised as John
Daniels, otherwise Long Jack, one of the Haymarket watermen,
ascended the rostrum assigned to applicants who have grievances
to redress, and throwing a proper quantity of " the dismals" into
his face, waited until he could catch the eye of jug' ice.
Well, my man, said Mr. HARDWICK, what do you want 1—
Vents to know how I'm to get my third of the pump vat ye valet-
men put up and paid for in the Haymarket ; cos, yer Vership,
Mister Mansell's taken avay my Haymarket badge aid license,
for giving hevieence agin Ratcliffe, wot's one of his own relations.
As a preliminary step to afford a clear insight into the character
of the application, it will be necessary to state that, a few weeks
ago, a constable connected with time Metropolitan Hackney Car-
riage Offloe, named Ratcliffe, was brought to this Court for drunken-
ness and misbehaviour. The charge of intoxication was mainly
established by the applicant, who had treated the constable to a
propitiatory glass of gin.
I got a letter from Mr. Mansell, wet belongs to the Hackney
Carriage Office, t'other day, yer Vership, said the applicant, sum-
moning me afore him, and telling me to bring my badge and

license. Ven I goes, says he, " Daniel, we put another man in your
place as vorterman in the Haymarket." " Hope," says I, "there
mint nuffin agin my character." " No,'' says he, "not nuffin vot-
somhever ; but," says he, " I sha'nt take away your license alto-
gether. I shall move you to the London-bridge rank." " It's
worry hard lines," says I, "to have my bread taken from my
mouth cos I only spoke the truth agin your relation. There's my
badge and license, and I'll resign ; but vot about my third of the
pump, vot I paid seven pound odd for." " Settle that there vith
the man vot superscribes yer," says he ; but Yen I axes this
here man wot is appointed to be my predecessor, he says he vont
pay a farden.
Mr. HARDWICK—WeII, and how can I assist you f—Vy, you
see there's a third of the pump and buckets, my natteral rights,
cos I can show my receipt for the money. Now epose this here,
that I ketches the new man a using my third of the pump, and my
third of the buckets, and my third of the vater, and I stands up to
pertect my own property, and one of the meterlolloping police
constables brings me afore you for summut, vot'lt your Vership

do to roe P
Mr. HARDWICK-1 canna give any opinion ow a hypothetical
case. If you have any complaint, why not see Mr. Wedgewood,
the Commissioner ? Applicant—Mr. Vtdgwood's too grand to see
Bich ains. Mr. Mansell does all the hofEce work, and it an't no
use axing him. But, yer Vership, it's a hard case to be turned
out of my place, vot bad so long, for speaking the truth.
I've got a few clothes and a few little sticks—them.' wot I must
live on, and yen they're gone, and they ron't last werry long, I've
puffin afore me but the union.
Mr. HARDWICK—I should recommend you to lay your case is a
memorial before the Commissioner. From what I know of Mr.
Wedgewood's high sense of honour and justice, 1 am certain he
never would sanction, on the part of a subordinate, any act of
petty tyranny or oppression.
The countenance of " Long Jack " brightened up, he thanked
the magistrate, and left the Court.