The Sun. — 1856-02-19 (London, England)

BERKELEY, M.P., V. BERESFORD AND OTHERS—LIBEL. MlThe Attorney-General, Mr. James, and Mr. Grey, were counsel for the plaintiff; Sir F. Thesiger, and Mr. Tomlinson for the defendant.  Serjeant George Bexley, No. 12 N, said—Between six and seven o'clock on Sunday evening I went to the house 18, Linton-street, New North-road, and in the first floor, used as a bed-room, on searching I found a pair of stockings (now produced) under the bed. There were spots of blood on one of them. They were marked with the initials " C. C." which were those of the female prisoner's maiden name, Colestria Christmas. There were also spots of blood on the pillow in the kitchen where the servant girl slept.  This was an action brought by the plaintiff, M.P. for Bristol, against the defendants, proprietors of a weekly publication called the Weekly Alliance for a series of libels contained in that publication.. The action arose out of the proceedings of last session with reference to Wilson Patten's act, for the better observance of the Sabbath. Mr. Berkeley considering that that act infringed the liberty of the subject and pressed harshly on the labouring classes, obtained the appointment of a select committee to i. qu re into the subject, of which the plaintiff was chairman. After hearing evidence that committee unanimously reported in favour of a modification of the above bill, and the result was the introduction of a bill into the House of Commons, by Mr. Berkeley, founded on that report, and which was passed into a law. The defendants in their publication had published a series of articles in favour of the better observance of the Sabbath, in which they impugned the conduct of the plaintiff, alleging that he was in collusion with the licensed victuallers of Bristol, and with corrupt motives.  Rebecca sonelly, searcher at Roxton station-house, said—At half-past six o'clock on Sunday evening I searched the female prisoner. When I took her to the searching room she said " What do you bring me here far ? Is it to search me I" I said "Yes." She replied, "Oh dear ! that foolish girl has been talking. I have a cellar in my house without a plate. A girl was found there stabbed with a knife. I cannot think how she came there, for my house was fastened up at ten o'clock last night." While I was searching ber she bad taken her top dress off, and her petticoat from the fore part to the knee downwards was covered with blood. The prisoner said, " I am subject to bleeding from my nose. I use my petticoat to it. My husband can tell you that he lent me a silk handkerchief." (The petticoat was here produced.) Mr. Inspector Payne, N division, raid that he had used every exertion and made every search, but could not discover the knife or any weapon with which the wounds were inflicted upon the deceased. Mr. Corrie said that there was no evidence to warrant the detention of the male, but he should remand the female until Monday next. The witnesses already examined were then bound over to prosecute her at the Central Criminal Court on the charge of wilful murder. The prisoner, up to this stage of the proceedings, was allowed a seat in the dock by the side of her husband. She appeared to become faint, and leaned her head upon the front of the bar. The husband was now liberated, and the wife was taken from the court to Waddington's (the gaoler's) room.  Sir F. Thesiger said at the commencement of the case that whilst he claimed a perfect right for the defendante, as the conductors of a public journal, to examine and criticise the conduct of public men, yet at the same time he admitted that in their energy to serve the cause they had at heart, they had been hurriediy led into the indulgence of expressions and making assertions they did not on that occasion pretend to justily. The defendants would, therefore, submit to a verdict passing against them. The Attorney-General said the only object his client had in bringing this action was the vindication of his character. That having been'conceded by the defendants, the plaintiff was satisfied. He could not agree with one remark of the learned counsel for the defendants, that they had been hurried into using the expressions complained of, because the libels were contained in a series of articles extending over several weeks and months. A verdict was then taken for the plaintiff for five guineas, by consent.