The Court of Common Pleas was occupied for some time
on Wed- nesday with the trial of an action for libel, brought by Mr. Easthope, M. P. and one of the proprietors of the Morning Chronicle, against Mr. Charles Molloy Westmacott, registered proprietor of the Age. The damages were laid at 2,000/. Counsel for the plaintiff, Mr. Sergeant Wilde. Mr. M. D. Hill, and Mr. Erskine Perry; for the defendant, Sir William Follett, Mr. Kelly, and Mr. Addison. The libel was contained in the following passage of a fictitious letter, which pre- tended to be an electioneering address to the voters of Lewes.
"To sem up. I am a friend to liberty in its Meet and most comprehensive, indeed. I may say. in an exclusive and peculiar. sense. I am for giving a tnau the liberty of nut plying gratuitously his debts, especially those of honour; and I will put a case hi illustration. Somme a man, O member of the Stock Exchange, is a defaulter to a heavy amount : he implores a friend, in order to save his character and credit, to lend him—say 6,0001. The friend complies, and his credit is saved. I sin of opinion that the Ixn rower has no right to acknowledge the debt, and may deny the obligation, awl defy the doped saviour of his character and credit to recover the amount of his loan. This, I make no doubt, you will think is going pretty far; hat if You will inquire at the Stuck Exchinge, you will find I have not thrown the hatchet. "lii entichision. I have a share in a newspaper, am a stockjobber, know what Par- liameut is. and can du the right trick. Prove, therefore, your inchrendowe, and retina • "Plie ejected and rejected most honest " JOHN LASTumors."
The defendant pleaded the general issue, and also put in a special plea of justification ; which, however, imputed dishonourable conduct to Mr. Easthope in another transaction, and was declared by the Court to be altogether irrelevant.
In stating the case of the plaintiff to the Jury, Mr. Sergeant Wilde detailed the particulars of the transaction referred to in the libel. Mr. Easthope was formerly a stockbroker, in partnership with a Mr. Allen: on the expiration of the partnership, in 1831, accounts long open were to be settled, and Mr. Allen claimed a considerable sum as a balance due from Mr. Easthope to the concern : an arrangement was entered into by the parties, satisfactory to Mr. Allen ; Mr. East- hope giving security for the payment of 2,3751. to Mr. Allen : that stun and another of equal amount were in due time paid to Mr. Allen, it) discharge of all clahns. Subsequently, however, Mr. Allen wished the partnership account to be reexamined, and called upon Mr. Easthope for a further sum : Mr. Easthope demurred to this. Mr. Allen Wished the books to be referred to a Committee of the Stock Ex- change ; which Mr. Easthope very reasonably objected to; but, rather than allow the concerns of the persons who had employed him, and who, of course, relied on his secrecy, to be exhibited, he gave Mr. Allen a check for 40001. ; and thus got rid of every species of claim upon him.
To this statement the defendant had nothing to reply. Sir William Follett admitted its truth ; and could only say that his client was smarting under a personal attack in the Morning Chronicle when he wrote the libel, The plea of justification was withdrawn ; and Mr. Easthope having completely rebutted the calumny, consented to take nominal datnages,—at the same time expressing his regret that any personal attack should have been made on the defendant in the chro- nicle; it was altogether without his knowledge or sanction, and he wouid have disapproved of it if he had seen it before publication. A verdict with 40s. datnages was then given against Mr. Westmacott.
At the Middlesex Sessions, yesterday, Mr. John Newman, a bar- rister, was charged with a violent assault on Mr. Richard Samuel White, an old gentleman, and father of a lady who had rejected Mr. Newman's addresses. Newman had attacked Mr. White in the street, and struck him several times with a heavy stick; one of the blows cut his hat in two. At the same time, Newman called him a liar, hypo- crite, tyrant, and coward. A good deal of correspondence between Mr. White, Miss White, and the prisoner, was read in Court. It ap- peared that there was tto just cause of offence to Newman given by the father, and that Miss White had behaved with great propriety. The conduct of the prisoner during the trial was most outrageous. l'he Chairman told him, that the most ignorant prisoner at the bar never behaved worse. Newman gave the lie repeatedly to Mr. Clark- son, who was the prosecutor's counsel, and insisted upon going into a number of irrelevant details, distressing to Mr. White and his daughter. He fully admitted the assault and the abusive language ; and the Court senteneed him to a month's imprisonment, a fine of 501., and to give security for keeping the peace, himself in 2001. and two sureties in 100L each. The trial lasted thirteen hours.
At the Bow Street Office, on Tuesday, Mr. Robert Douglas, an officer in the Army, living in Duke Street, Lincoln's Inn Fields, was charged with a cruel assault on au old woman. It appeared that the defendant was walking through Brownlow Street, Drury Lane, about three o'clock on Tuesday morning ; when the old woman laid hold of the button of his coat behind—such was his story—and he turned round arid puked her in the eye with his umbrella. 13y the wound thus in.
fiicted her eyesight will probably be destroyed. Ile was nat quite certain, be afterwards admitted, that the complainant was the person who laid hold of his button, for he was surrounded by several females at the time. Mr. Minshull, the Magistrate, said— The defence set up was most extraordinary, and tended rather to aggravate than extenuate the conduct of the defendant; who appeared to cons;der, that because some one pulled the button of his coat, he had a right to turn round and thrust out the eye of the first person who might happen to be nearest tar him. Conduct like that was not to be tolerated in any man, and it was stilt more unjustifiable and disgraceful in an individual describing himself as a gentleman and an officer In the Army. Under such circumstances, be feit himself called upon to send the case before a higher tribunal; and he therefote required the defendant to fiud bail, himself in 50/. and two sufficient sureties ie :W. each, to secure his appearance at the Sessions to meet the charge.
It is said that the Magistrates of Melton will prosecute the Marquis of Waterford and his associates, in the Court of King's Bench, fee their riotous proceedings in Melton some months ago.
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