The Express. — 1867-01-23 (London, England)

LOW.  This was an action to mover damages for a trearwss upon the plaintiff's dwelling-house, for an assault, and for slander.  Mr. Littler appeared for the plaintiff ; and Mr. Dude Ritthy tot. theddendant.  The plaintiff had been secretary to Baker's Patent Machinery Company, and he rentedabomm in Mt. ThomasStreet, Islington. A port of the house was sub-let to a Mr. Kimberley. and negotiations took place between the plaintiff, Mr. Kimberley, and the defendant, who is a Hungarian, in reference to the latter discounting two bills of 24/. each for Mr. Baker. These being the preliminary drawn. Stances the plaintiff's account of what took place on the Ist November last was this. A little after 9in the evening be was standing at his door, about to go out, but halting, in doubt whether to take his umbrella or not. He was on the top step of three or four which led to the door, when the defendant walked up and put his hoe close to the plaintiff's. The plaintiff said, " 'What do you want!" and the defendant's reply was ;" I want Mr. Kimberley, this is Kimberley's house." The plaintiff said, " I beg your pardon, it is not." The defendant tried to push past into the house, and the plaintiff said, " I can't allow this," and eletedr. Thule dwelt? as little cflcrrhoadolorxesaind possible theresid ~sh.euret thee marks there now.  Mr. Justice Ryles—Never mind, the door can't feel you know. (A laugh.) Witness believed that one of the blows which the door received was intended for himself. After the door was shut, the defendant called " Murder " many times, and in five minutes there was a mob of 30 or 40 persons. He also said, " They are a lot of swindlers in this house." The plaintiff went to the door and said, " Mr. Lowe, if you will cork in as a gentleman, I will meet you as a gentleman," but the defendant said " I have got a lot of money in my pocket, and I won't come in for fear you will murder me. He also said that the plaintiff had attempted to swindle him out of 501. The disturbance continued for half an hour, when the plaintiff went to Sam Coll:us' Music Hall, where he found Mr. Kimberley. Soon after the defendant came in and rushed at Kimberley, and add he would give him in charge, but after sonic conversation they ad down and were friendly. The plaintiff threatened the defendant with legal proceedings unless he made an apology. The defendant laughed and said be could get cheap law and he did not mind introducing the plaintiff to a cheap lawyer. (Laughter.) He also said that he hail some cigars which he had imported, the beat that ever were brought over here, and be offered one to the plaintiff, who took it and smoked it, saying, however, th-t this should not prejudice the case, and that he would hove an apology. He continued pressing for the apology, and the last thing that the defendant said was that he would go down on his beaded knees to the plaintiff's wife and daughter, who were present, and apologist —ilaughtcr)— but lie never did so. Crows-examined—lt was not a condition of the apology that the defendant should go down on his bcnded knees ; he volunteered it. (A laugh.) Mr. Rigby—lt was whilst you were gently removing ‘ him that the defendant called Murder." _ _  Witness—lt was during the operation and afterwards. (Laughter.) He cried "Murder" twenty times. Witness did not hear the ladies ask the defendant home to supper. Three other witnesses were called in proof of the plaintiff's ease.  Mr. Itighy called no witnesses for the defendant, but characterised the action as one of a trumpery and ridiculous kind, and submitted that the trespass and assault were merely noi ' al, and that the plaintiff's character had not suffered in tho slightest degree from the slander. He added that he hoped that the jury would agree with him that the smallest possible amount was a sufficient sum to repnvent the plaintiff's damages. lie. Justice Bylea told the jury that the plaintiff was entitled to a verdict upon all the counts, but the amount was altogether within their discretion. For his own part, however, he could not but think that it would have been better for all parties if the matter hail ended in the smoke of the cigar. (Laughter.) The jury found for the plaintiff—damages, 40s.