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and act as a director up to Septem- Wilks, in the presence of the diber last. I know that advertise- rectors. This is a copy of it; it ments were inserted in the news- was printed and sent round to the papers relative to the company, and proprietors. I saw Newton and that Messrs. Newton were employ- Co.'s bills for advertisements preed for that purpose. As secretary, sented. There were three or four I gave

orders repeatedly for the in- bills sent in while I was there. sertion of advertisements. I was There is an account in the balance authorised to do so by the directors. sheet for advertisements amountMy authority will appear, if the ing to 4921. 15s. 5d. Newton and minute-book of the society is ex- Co. were the only persons employed amined. Those advertisements to insert advertisements. 4921. were published according to my was the amount of their bills, and a direction, and the bills for them balance of 2921. 158. 5d. remained were furnished by Messrs. Newton. due to them, 2001. having been The accounts will be found among paid. the papers of the company.

The Mr. Sergeant Vaughan, with bills (now produced) were deliver- whom was Mr. Campbell, addressed ed. There are two or three of the jury for the defence : contenda them; they were laid on the di- ing that his client had nothing to rectors' table once or twice. Three do with the company in August payments were made on account of 1825, when the debt was incurred. them. I can't precisely say how Under the direction of the lord much was paid.

chief justice, a verdict was then The bills for advertisements for entered for the plaintiff, for 991. the Cornwall and Dev company 9s. 6d., the amount of their deI now hold in my hand. The first mand in respect to the Cornwall account begins on the 4th of April, and Devonshire Mining Company. and ends June 7 ; its amount is In another action, a verdict 3781. 12s. 6d. The next is from was taken for the plaintiffs, in the 8th of June to the 1st of Au- respect to the Norfolk, Suffolk, gust, and amounts to 123l. 14s. 7d. and Essex railway, for 491. gs. 7d.

The last is from August 9 to Sep- (the sum claimed), and in regard tember 11, and is for 571. 45. 8d., to the Cornwall and Devonshire making a total of 5591. 11s. 9 . Mining Company, for 571. 4s. 8d.,

Mr. George Sheldrake examined a total of 10ôl. 14s. 3d.
-I was secretary to the Norfolk,
Sussex, and Essex railway com-
pany. It was appointed on the

LIBEL. COURT OF KING's 28th September, 1825, and acted

BENCH, GUILDHALL, till last March. I had been clerk

OCT. 19. before. Mr. Perring attended about one and twenty of the meet

Buckingham v. W. J. Banks, ings. Mr. Perring acted as a director. He did not belong to the This was an action brought by committee of accounts. There was the plaintiff, who is the proprietor

committee of traffic; he acted on of the Oriental Herald, to rethat. A balance sheet of the con- cover from the defendant comcerns of the company was made out. pensation in damages, for loss and It was prepared

by a person named injury sustained by the plaintiff in VOL. LXVIII.

D*

Esq. M. P.

consequence of the defendant hava will be better perhaps to be merciing published a false and scanda- ful to him. lous libel of and concerning the

Yours, &c. plaintiff. The defendant pleaded

“W. J. BANKES." Not Guilty, and also put upon the The following libel was then record several pleas justifying the put in and read :several parts of the alleged libel. The following evidence was

LETTER

to Mr. Buckingham, dated given for the plaintiff. :

from Thebes, June 12, 1819. H. W. Hobhouse. I was in the “Mr. Buckingham ---After some civil service of the East-India anecdotes respecting your conduct, company. I think, because my which you cannot but suspect must writing is on it, that I received have come, however late, to my the letter now produced. I re- knowledge before this time, you ceived it from the plaintiff at cannot expect that I should address Trieste, in the year 1819. The you otherwise than I should the letter was unsealed when I re- lowest of mankind. It is indeed ceived it, in an inclosure. Be with reluctance that I stoop to adfore I received it I had some con- dress you at all. It will require, versation with the defendant about however, no long preface to acit, but I do not remember the par- quaint you with the object of this ticulars. I think the defendant letter, since your own conscience told me, that he had seen the will point it out to you from the plaintiff in Syria, that the plain, moment that you shall recognise a tiff was going to publish a work hand writing, which must be that he, the defendant, considere familiar to you, since you have ed the plaintiff's conduct unfair copied it, and are about to turn towards him, that he had written a the transcript to account. You letter to the plaintiff from Thebes, have hoped that the distance of and that he would send me a copy place would befriend you - you of it. He did send me the copy in have hoped that I should shrink a few days inclosed in the letter from proclaiming that I have been now produced.

imposed upon. It would have The letter was here read, it was been far more politic in you to dated Novemberthe 16th, 1819, and have shrunk from being proclaimed was to the following effect : the man who has imposed.

“ Dear Sir I have found the « In that ad sement, by rough draft of the letter, which which you announce as your own I wrote to Buckingham, when I the works of another, you have at first saw his advertisement in the least spared me the humiliation of Calcutta newspaper. I send it to being named in the list of your you inclosed. There may be a friends. Though the motive of few verbal alterations, since I this is sufficiently obvious, and it kept no duplicate. I wish you to furnishes in itself both a proof and show it to my friend Mr.- an aggravation of your culpability, at Aleppo, and to Mr. and Mrs. yet some of those who are made Rich, at Bagdad. You may make to appear in that list would what use you think proper of it; rather, I am persuaded, that you but if, on your arrival in India, had invaded their property as you you find the work withdrawn, it bave mine, than have subjected

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them to so unmerited a stigma; afterwards) that you were in any oneamongst the number (whom you person's employ; that it was at my would not have dared even to allude invitation (I being always under to had he been alive) is unhappily the supposition that you were a unable to repel the imputation in free agent) that you went with his own person, I mean the late me, having previously agreed to Mr. Burkhardt, whom you so im- take down my notes and the prudently cite as your bosom journal when I should wish it; friend. The boast is rash and that the whole expenses of that ill-timed.

journey were upon me; that the Are you not aware that copies notes and journal were in great of a letter are extant, in which part taken down from my mouth he styles you a villain ; in which (especially what relates to Dgerhe says that the rogue can be ask), with the exception of that of brought to a sense of duty only by the two or three last days, which a kick? Do you wish then to were written with my own hand, publish your own disgrace, by and afterwards copied fair by you; letting the world know how well but above all, that the plan of the you were known to that excellent ruins at Dgerask was constructed person, who, during the two last and noted with my own hand, and years of his life, lost no oppor- that all the assistance that I detunity of testifying his contempt rived from you, even in collecting and aversion for

your

character. the materials for it, was in your. “Do not imagine that these ascertaining for me the relative sentiments were confined to the bearings of some of the buildings page of a single letter. Sheik with my compass; that as to the İbrahim was too open and too plan of the theatre, you did not honourable to wish others to be even know that I had made it deceived, as he had been for a time till you saw it at Nazareth. himself. Had his letters to me “ It is hardly necessary to rereached me sooner than they did, I mind you that you neither copied should have had timely warning a single inscription, nor made a to beware how I trusted you, and single sketch on the spot, since you you would never have had that are, I know, incapable of the one, opportunity which you have seized and your ignorance of Latin and of abusing my kindness and con- Greek must, I should suppose, fidence.

unfit you for the other ; add to “ It is beneath me to expostue which you had not a single sheet late with you, but I will state some of paper on which you could have facts to yourself which I have done either, if I except a pocketalready stated to others--that the book about four inches square. journey beyond Jordan to Dgerask “ The great ground plan was and Omkais was arranged, and the traced at a window of the convent Arabs under engagement to con- at Nazareth (as both my servants duct me thither before I ever saw can testify), and you have copies you ; that you introduced yourself from my drawings at the tombs at to me by a letter, stating that you Omkias, taken at the same time. were intimate with some of my These last are probably to furnish best friends, and studiously con- the vignettes and appropriate encealing from me (both then and gravings which are announced.

was

consequence of the defendant have will be better perhaps to be merciing published a false and scanda- ful to him. lous libel of and concerning the

“ Yours, &c. plaintiff. The defendant pleaded

“ W. J. BANKES." Not Guilty, and also put upon the The following libel was then record several pleas justifying the put in and read :several parts of the alleged libel. The following evidence

LETTER

to Mr. Buckingham, dated given for the plaintiff

. :

from Thebes, June 12, 1819. H. W. Hobhouse. I was in the “Mr. Buckingham --After some civil service of the East-India anecdotes respecting your conduct, company. I think, because my which you cannot but suspect must writing is on it, that I received have come, however late, to my the letter now produced. I re- knowledge before this time, you ceived it from the plaintiff at cannot expect that I should address Trieste, in the year 1819. The you otherwise than I should the letter was unsealed when I re- lowest of mankind. It is indeed ceived it, in an inclosure. Be- with reluctance that I stoop to adfore I received it I had some con- dress you at all. It will require, versation with the defendant about however, no long preface to acit, but I do not remember the par- quaint you with the object of this ticulars. I think the defendant letter, since your own conscience told me, that he had seen the will point it out to you from the plaintiff in Syria, that the plain- moment that you shall recognise a tiff was going to publish a work hand writing, which must be

-that he, the defendant, consider- familiar to you, since you have ed the plaintiff's conduct unfair copied it, and are about to turn towards him, that he had written a the transcript to account. You letter to the plaintiff from Thebes, have hoped that the distance of and that he would send me a copy place would befriend you you of it. He did send me the copy in have hoped that I should shrink a few days inclosed in the letter from proclaiming that I have been now produced.

imposed upon. It would have The letter was here read, it was been far more politic in you to dated Novemberthe 16th, 1819, and have shrunk from being proclaimed was to the following effect :: the man who has imposed. “ Dear Sir I have found the

that advertisement, by rough draft of the letter, which which you announce as your own I wrote to Buckingham, when I the works of another, you have at first saw his advertisement in the least spared me the humiliation of Calcutta newspaper. I send it to being named in the list of your you inclosed. There may be a friends. Though the motive of few verbal alterations, since I this is sufficiently obvious, and it kept no duplicate. I wish you to furnishes in itself both a proof and show it to my friend Mr.- an aggravation of your culpability, at Aleppo, and to Mr. and Mrs. yet some of those who are made Rich, at Bagdad. You may make to appear in that list would what use you think proper of it; rather, I am persuaded, that you but if, on your arrival in India, had invaded their property as you you find the work withdrawn, it bave mine, than have subjected

« In

he says

them to so unmerited a stigma; afterwards) that you were in any oneamongst the number (whom you person's employ ; that it was at my would not have dared even to allude invitation (I being always under to had he been alive) is unhappily the supposition that you were a unable to repel the imputation in free agent) that you went with his own person, I mean the late me, having previously agreed to Mr. Burkhardt, whom you so im- take down my notes and the prudently cite as your bosom journal when I should wish it ; friend. The boast is rash and that the whole expenses of that ill-timed.

journey were upon me; that the Are you not aware that copies notes and journal were in great of a letter are extant, in which part taken down from my mouth he styles you a villain; in which (especially what relates to Dger

that the rogue can be ask), with the exception of that of brought to a sense of duty only by the two or three last days, which a kick? Do you wish then to were written with my own hand, publish your own disgrace, by and afterwards copied fair by you; letting the world know how well but above all, that the plan of the you were known to that excellent ruins at Dgerask was constructed person, who, during the two last and noted with my own hand, and years of his life, lost no oppor- that all the assistance that I detunity of testifying his contempt rived from you, even in collecting and aversion for your character. the materials for it, was in your.

“Do not imagine that these ascertaining for me the relative sentiments were confined to the bearings of some of the buildings page of a single letter. Sheik with my compass; that as to the Ibrahim was too open and too plan of the theatre, you did not honourable to wish others to be even know that I had made it deceived, as he had been for a time till you saw it at Nazareth. himself. Had his letters to me “ It is hardly necessary to rereached me sooner than they did, I mind you that you neither copied should have had timely warning a single inscription, nor made a to beware how I trusted you, and single sketch on the spot, since you you would never have had that are, I know, incapable of the one, opportunity which you have seized and your ignorance of Latin and of abusing my kindness and con- Greek must, I should suppose, fidence.

unfit you for the other ; add to “ It is beneath me to expostu- which you had not a single sheet late with you, but I will state some

of paper on which you could have facts to yourself which I have done either, if I except a pocketalready stated to others-that the book about four inches square. journey beyond Jordan to Dgerask “ The great ground plan was and Omkais was arranged, and the traced at a window of the convent Arabs under engagement to con- at Nazareth (as both my servants duct me thither before I ever saw can testify), and you have copies you; that you introduced yourself from my drawings at the tombs at to me by a letter, stating that you Omkias, taken at the same time. were intimate with some of my These last are probably to furnish best friends, and studiously con- the vignettes and appropriate encealing from me (both then and gravings which are announced.

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