The Northern Daily Times. — 1853-11-07 (Liverpool, Merseyside, England)

BIRCH AGAINST GRAY.—It may be recollectedthat this was the title of a case which was tried at the last, Naas Assizes, and resulted in a verdict for the defendant. It was an action for libel against the proprietor of the Freeman's Journal, the alleged libel being contained in an article referring to the plaintiff, who was " somewhat celebrated as the cmpluye or Lora uiarenaon In '46, for the purpose Of writing up the cause of " law and order in the World newspaper. Mr. Birch, who is rather of a  litigious disposition, and has been in gaol already for extortion and libel, was rather ignominiously defeated at Naas, the jury with very little hesitation judging for the defendant on all the counts. However, a motion for a new trial was brought on by him in the Court of Exchequer yesterday, and having been postponed till to-day, was argued by Mr Hayes, Q.C. The issue has been, that the judges granted 1:1, ooraitional nrylor, nn +ha orniirtti of " surprise," and that the verdict was against the weight of evidence.  KELLY AGAINST BIRCH;—In this case 'a gentleman named Birch is also concerned, but not, as far as T am aware, in any way connected (except perhaps sympathetically) with the plaintiff in -the other case. The plaintiff is the very wealthy Mrs. Kelly, whose name was so lately before the public in the extraordinary conspiracy case at the head police office. The facts in the present instance are rather interesting, and involve a charge of em bezzlement, to th amount of some £54,000. Mr. Birch was Mrs. Kelly's agent, and, it is stated, bolted with the money in question- He was pursued, and arrested in France, and having been brought back, was sent for trial to the commissioner, but succeeded in removing the case by certiorari to the Queen's Bench, where it is expected to come on during.the after sittings of the present term. Meanwhile Birch is in goal, and about £24,000 of the money said to be embezzled has been impounded, having been found vested in Stock and other speculations, in various names Mr. Birch being also accused of having personated the several parties to whom those names were supposed. to belong. The same transfer was executed as a " blind" and was effected with great ingenuity. It is also reported that the prosecutrix is anxious for a compromise' on condition of receiving some £30,000 of her money back. Against this Mr Birch holds out, relying as a defence on the representation, that he invested the cash by Mrs. Kelly's order. Lest by any chance he might secure an acquittal on this ground, a detainer of the Court of Chancery has been laid on him. To day a motion was to'have come on in that court, with, I believe, the intent on the part of Birch, to set aside the detainer, A postponement, however, took place, and it is not improbable the affair may be settled in the interim. But should the case come in extenso, before the Lord Chancellor, such is the extraordinary nature of the circumstances that will be opened to him, it is not thought improbable he may take the whole case out of Mrs. Kelly's hands, and order the Attorney-General to prosecute.  SUICIDE Yesterday Dr. Ball of Cork, hung himself whilst insane.