The Daily Times.
Liverpool, Merseyside, England, 1860-06-13 00:00:00

EXTRAORDINARY CASE OF LIBEL.

CHARGE OF ADULTERY AGAINST A SURGEON,

COURT OF EXCHEQUER.
(Sittings at Nisi Prius at Westminster, before Mr.
Baron Wylde and a Common Jury.)
BAINES V. BROWN.
The following was the concluding portion of the
evidence on Monday :
Mr. William Lanham Thomas examined—l am Mr.
Burroughs' partner. When the servants were about to
leave, I asked Mrs. Baines to stay and take care of the
house. She at first refused, but at last assented on the
condition that her mother was to be in the house with
her, and that arrangement was made. that evening I
attended a labour case, and on my return took tea with
Mrs. Burroughs. That was in the kitchen, because
there was no fire in the parlour. Mrs. Baines and her
mother were there.

Cross-examined--Dr. Brown came for his boxes.
The kitchen door was not locked. Dr. Brown knocked,
and came in. I did not know when I made the"sugges-
tion about Mrs. Baines that there had been any quarrel
in reference to her. Mr. Burroughs told me there had
been a disturbance between himself and his wife, and it
had been suggested that she should go away for a few
days.

Mr. Frank Burroughs, a solicitor at Sydenham, and
brother of Mr. Burroughs, the surgeon—l went down to
Horsham, I believe, on the 13th of December, in conse-
quence of a telegram from Miss Smith. Dr. Brown
left the same evening, and my brother's wife the follow-
ing day. I took lodgings for her in Guilford-street.
Two or three days after I went with my brother there.
I believed he kissed her. Ile asked her to come back,
but she refused unless Dr. Brown and the children
returned. My brother refused to allow him to come
back. I advised her not to leave, and so did Miss
Smith, but I said if she was determined to go I would
protect her. I said she ought to go to her mother and
sisters at Charmouth, in Dorsetshire. She would not
accede to that. She returned to. leer husband's house,
and left again about the 4th or sth of January. I have.
never seen her since, and cannot discover where she is
now.

Cross-examined--I heard of the disagreement between
my brother and his wife about Mrs. Baines from Dr.
Brown. When Dr. Brown said she was my brother's
concubine, I said "Why did you not turn her out of the
house ?" Dr. Brown said that my brother had turned
round, and spoke of his wife's familiarity with him.
He told me that Mrs. Burroughs knew of it. The only
fact he stated was that my brother had been seen to go
into or from the plaintiff's room. I saw my brother
afterwards. He said things should not remain as they
were. I believed what Dr. Brown had said until my
brother denied it. Ido not think it is a habit of my
brother's to be too familiar with women. I never heard
that a servant had left in consequence of his too familiar'
conduct, or, of any threatened exposure. 1' advised my
brother to get rid of Dr. Brown. I had several times
before that suggested it. There was a great deal of
crying going on after dinner, when Dr. Brown came
in and said, " You are a villain, Burroughs." I took
the defendant by the arm and asked him to sleep out of
the house that night, and not to slsep.there again. I
took him into the adjoining room, arid said he had done
mischief enough, and asked him not to see Mrs. Bur-
ronghs again. Ile said he would not. I asked him
that because I had for a long time thought it was
advisable he should leave that night. •
Mr. Baron Wilde—Why ?
Witness—l thought my hrother's, wife Was getting
too fond of
Mr. Macaulay—On what facts ?
Witness--,She used to follow him about the house,
and go into his photographic room to wash his glasses.
(Laughter.) Dr. Brown told me that if Mrs. Bur-
roughs left he would place his children with her, and
pay her £l5O a-year for her maintenance. I believe my
brother had proposed a similar arrangement to Mrs.
Burroughs some months before the quarrel,
Re-examined—On the niorrting after. the quarrel Dr.
Brown came With me to London, but to my surprise
returned the same evening.
By the Court.—Mrs. Burroughs and Dr. Brown's
conduct previous to December 13th was the subject of
conversation between myself and other members of the
family. She told me after the quarrel that her character
had been so much impeached by Dr. Brown's leaving
the house that she would not stay there. After her re-
turn to Horsham, she asked me to intercede for Doctor
Brown's return, x told her I could not consent to do
so, and she'dlds not then 'complain of Mrs. Baines.
Mr. Rouse deposed he had ascertained that Dr. Brown
was 'living at 17, Russell-street, Bloomsbury, and hqcl
been there about a fortnight.
This closed the plaintiff's ease.
Mr. Macaulay then addressed the jury for the defence.
Ike said this was dhe of the most extraordinary actions
that had ever come before a court of justice". It was an
action brought by a plaintiff —a nominal plaintiff—she
being a woman charged with intriguing with the hus-
band of a married woman to attempt to try the question
raised by the wife of the man with whom she had
Intrigued in the Divorce Ouut t, in the hope that hy Obtain-
ing a verdict here the wife's cause would be prejudiced in
the other pourt. The two, actions, hadb,een broUght against
the defendant, one by the, plaintiff and the other by Mr,
BiirrOughs,' arid this one had been tried first because it
had probably suggested itself to the vulgar mind and
low °tinning of Mr. Burroughs, that if he could put
forward a good looking woman to tell her story in an
artless manner, she would make such an impression on
the jury that his wife would have no chance of obtain-
ing the judicial separation which she sought. Dy,
Brown was a retired surgeon.' of the Indian army, and
having lost his wife it nnfortunately happened, that
he had t4yll, Up his abode with Mr. Burroughs.
geinF 'a man of: comfortable means, he was most
desirous of obtaining the best earl) And instruction for
his children, and accepted the services of the plaintiff,
who had been recommended by Mr. Burroughs in
January, 1859, up to which time everything had gone
on comfortably. She had not been long under Mr. Bur-
roughs' roof until a familiarity had sprung up between
Mr. Burroughs and the plaintiff, which was observed by
the servants, for such matters, hoWever it happened,
became much sooner known in the kitchen tlnkn in
the drawing-room. The question which the jury would
have to decide was whether Mr, Burroughs, a man
with a turn- fOr intrigue, had been guilty of familiari-
ties with the plaintiff. In his cross-examination he
admitted that he had a tendency for intrigue both before
and after marriage, and• had been guilty of acts of
immorality. He would call Mrs. Burroughs before
them, and she would prove that her husband had been
seen going into and coming out of the plaintiff's room
in his shirt, and would speak to othe-A- matters in
reference to this extraordinary case. He would show
that this cbaige of adultery against the defendant
was an afterthought which led to this infamous perse-
cution of Dr. Brown and Mrs. Burroughs, and with
regard to his having visited her at her lodgings subse-
quently to her having left her husband's roof; on account
of the treatment, that it was an arrangement between
him and Miss Smith, Mrs. Burrough's aunt; that as
she had no friend to rely on after she had left her
odious husband and her liatefill home, that they should
have the benefit of such friendly assistance as Dr.
Brown could affOrd them; he having promised to place
his children under Mrs. Burroughs' care. 'ho learned
counsel, in conclusion, stated that the reason she had
concealed her address from her husband was, that she
should not be molested until she could obtain legal
protection for herself and her child.
The Court then adjourned.
The case was proceeded with yesterday, when Mrs.
Burroughes, the wife of Dr. Burroughes, was examined
at great length. We are Compelled, however, to leave
074 her examination till to-morrow

A nest was discovered the other day iu a plantation
near Clapham, in which were found sixteen eggs, one-
half of which bad been laid there by a pheasant, the
other by her more plebeian sister the partridge.
EXHUMATION.—The mortal remains of Mrs. Dow,
an American lady, were interred at Kenilworth in 1842.
Her husband erected a tomb and planted the church-
yard with treeq. Three yearsT ago he applied unsuc-
cessfully for leave to remove the body. Ie has just
obtained authority, and last week the coffin was removed.
It was entire, 'but much decayed. The lead coffin was
cut open, and Mr. Dow saw the skeleton, which was
perfect. He ordered a new oak coffin, and in a few
day! the remainswillbe placed on board an American
steamer, in order that they may be re-interred in Mount
Auburn Cemetery, Boston, Massachusetts.
AN ARTFUL DODGER.—A late American paper relates
that one evening a young man had just fitted on a pair
of new boots in a store, when a rough looking fellow
stepped in and struck him a blow upon the head.
"Would you stand that ?" said the customer to the store-
keeper, who, by the way, is knewn to be tGn4 cif sport.
"That I wouldn't," he r The young man, thus
~ iep.ie
encouraged, started after his assailant, and he must still
be in full chase, as neither he nor the boots have since
been recognised. It is needless to say that the new
boots were not paid for, and a pair of old ones were left
behind.

LECTURE Ey A RETURNED CONVICT.—A young
woman named Sidney Keelan, who was convicted at
4r14404 slimmer assizes, 1849, on a charge of stealing
cattle, and transported for seven years, has just returned
to Ireland, from Van Diemen's Land, and is at present
delivering a course of lectures on her personal history
and the horrors of transportation, in various towus in
Ulster. During the past week she apeared in Castle-
blayney and Beady, un4 an Veduesday evening she
adcUeseeil an audience in the Market House, Armagh.
She was introduced by the Governor of Armah gaol.
Miss Neelan speaks very fluently, though, occasionally,
she betrays her imperfect education. She iA about
twenty-eight years of age, neatly attired, and seems
perfectly at home before an audience. Her remarks
show that she is an attentive observer and.desirous of
doing something for her sex, especially warning them
against whisley drinking, the bad effects of. which she
has seen so much of during her absence from Ireland,—
Arcorthfrn, ,Pq4 IF:bib

A LADY-PILFERER AT THE CRYSTAL

PALACE.

Mrs. Eliza Harriet Mary Feltham, the wife of a gen-
tleman holding an important position in one of the first
mercantile concerns in the City of London, was placed
at the bar of the Lambeth Police-court, on Monday, on
a charge of stealing from a stand in the Crystal Palace,
during the fancy fair, an embroidered toilet and a pair
of mittens, of the value of 10s. 6d., the property of Lady
Emily Peel.—Mr. Lewis attended for the prisoner.—Ser-
jeant Robert Ball, 39 P, deposed that on Saturday last
he was on duty, in plain clothes, at the Crystal Palace,
and at about a quarter to four o'clock he observed the
prisoner go up to the stand kept by Lady Emily Peel,
push a lady, who was present, on one side, unpin an
embroidered toilet, and conceal it under her dress or
shawl, and walk away about a dozen yards, when she
returned to Lady Peel's stand again, and took from it a
pair of gloves, which, with the embroidery, he produced.
She put the gloves in the front of her dress also, and was
walking towards the orchestra, when she drew a piece
of paper from her reticule-bag, and, folding the articles
she had taken in it, placed them in the bag. He then
went up to her and asked her what she had got in her
reticule, and she replied, " What I have got there is my
own property." He observed, "It can't be your own
property ; I saw you take it from a stand. A am a
serjeant of police, and you must consider yourself in
my custody." She said, " For tad'•s sake don't take
me; I will pay any amount for the articles. If you
don't take me, I'll tell you the truth. I bought them
in the bazaar." He asked her to go back, when she
begged of him not to take her, and then said she had picked
up the things at a place she pointed out, and which
was about 40 or 50 yards from Lady Peel's stall. He
(Bell) told her that was impossible., aa, he had seen her
take them from Lady Peel's stall. Upon which she
exclaimed, " Oh, my God, what shall I do ; I'll pay
any amount of money rather than go to the station. I will
*Five my gold watch and chain with you for the worth of
these articles." He told her he could not take anything,
but must take her to the station, which he did, and
subsequently took the articles to the stand of Lady Peel,
who identified them. She (the prisoner) gave her true
name and address, and he had been, to her address and
found that she was living with her husband, and
bad everything that was needed for a lady's comfort.
The lady was much excited when he spoke about his
being an officer and taking her into custody; mentioned
who and what her husband was, and stated his
respectable position in society, and said she would
give anything rather than be charged with such
an offence. She also said that she expected her
husband in the Palace to join herself And her. mother,
and he (Bell) found that her mother was there.
Police-constable kitephen, saldwin, 200 ft, was next
oalled, but his testimony was a mere corroboration of the
lasf Witness ; and Bell, at the conclusion of his evidence,
requested a remand. Mr. Lewis, in addressing the
Court on behalf of his client, said he had in attendance
persons of the highest position to speak to the hitherto
irreproachable character of the lady at the bar, who
assured him that she was paced there most unjustly.
She solemnly declared she had picked the things up,
and inadvertently placed them in her bag ; but ho
trusted his worship would take a liberal view of the
act, and not deem it necessary that tLe case should be
sent for further investigatiorA.—Mr. Elliott, however,
observed that wAs, a case that, notwithstanding the
respectable position of the payty, must go. far trial. He
then remanded the prisoner, but aocepted bail, two sure-
ties in 450 each, for her attendance on a future day

Messrs. Smith and Son, the news agents, of the
Strand, intend, we understand, to open a cireulating
library on the same plan and system ns.Mudie, at the
West-end. It is, we believe, to In a colossal affair.
MILITARY v. regret to announce that a
fearful fight took place between some soldiers and rifle
vyAuntcers o Blackheath. Pickets were parading
Greenwich and Blackheath last evening, a sight that
has not been seen for many years.—Borough of Green-
wich Free Press.
A few days ago, a girl, eleven years of age, daughter of
Mr. Alexander Bell, druggist, High-street, Manchester-
square, London, died from the eCeas of the strychnine,
which, shortly before her death, she said she had taken
herself from curiosity, it is supposed. The inquest has
beau, adjourned.
A CRICKET MATCH BY LADIES.- A, correspondent
informs us that a match at cricket was last week played
by ladies on the practising groupd at Snxlinglutm, near
this city. Their play, he says, was highly admired by the
bystandere, and he jocosely adds that it was remarked by
the lookers-on, that ‘, if the ladies' hearts were as large
a,s their crinolines, and their faults as small as their bon-
nets, they would find no difficulty in making a match on

the united ground of matrimony."—Norfolk News.
The Invalide Rinse examines at some length the
chances of success which seem to exi,st for the ling of
Naples, and its arguments show much impartiality.
Although it declares he has 9,500 men, in his guard,
60,000 the regiments of the line, 8,000 eavalry, and
48,000 men in the reserve, he appears ill great danger
of having the worst of the contest. Although Garibaldi
started at the head of only 1,500 men, the Russian
journal does not hesitate to declare that he is an enemy
not to be despised, and that events will soon show his
superiority.
THE PEECTrWOOD MURDER.—During the last few
weeks placards have been published offering a reward
of £5O on conviction fer tj a aPpreheHsion of the third

man present at this murder. On Thursday morning
last„ at eight o'clock, Police-constable Balc*, of Wilden,
succeeded, in the disguise of a butcher, in apprehending
William Hawkins, a native of Ivinghoe (who was at
the time working on the underground railway in Lon-
-41.9n), on a charge of being implicated in the murder.
The prisoner is supposed to be the man who was seen
by Cook and Burgess with the two other men at the
time of the murder.

THE RAILWAYS AND RIFLEMEN.—TIIO following
instructions have been issued to the station-masters on
' the western lines with regard, to, the charges to be made
to the Volunteer Riflemen, when travelling by railway :
—" TiOiets, st Cvovernment fares may be issued to the
Volunteer Rifle Corps on the following conditions :
the applicant must be in the uniform of his corps, and
must give a verbal assurance that he is going to attend
or is returning from drill, exercise, inspection, or review.
First-class tickets only must be issued to the officers.
First or second-class tickets, as may be required, may
be issued to other members of the corps.'k
THE POST-OFFICE AND, TELEGRAIAII IN CANADA.—
Everywhere postal communication is complete ; the
most dl, tant hamlet has its post-offiee, and the number
of offices in Canada is now about 1,650. The electric
telegraph passes through every town and almost every
village in the province, and the number of miles in
operation at this time is 4,046. The approach. and
arrival of a steamer or sailing vessel at Quebec is known
very nearly at the same moment in every town of the
lower and upper portions of the province. All improve-
ments in the arts or sciences affecting the commercial or
industrial interests of her people are quickly introduced
into Canada, and, with numerous elements of adaptation
and progress within her reach, she eagerly avails herself
of the practice and enterprise of other countries.—
Canada Government Pamphlet.

THE FUTURE.—When the time comes, and the Italian
regular army shall have reached its full complement of
200,000 men, the order will be given to recover Venitia ;
and while the attention of Austria is fully absorbed by
Italy on one Clank, and by Hungary, which will rise in
the rear, the commander in chief will create a pleasing
diversion on the Rhine, whereby Prussia will not only
be prevented from coming to the rescue of Austria, but
lose her own Rhenisb provinces. Meantime the simple
ininded Britksh public will go on sympathising with the
enslaved populations of Venitia and Hungary, blindly
confiding in the bona fides of the deliverer, who will in
fact be merely substituting his own despotism for that of
Austria at the price of English preponderance. Do we
feel quite certain that the day may not yet come, when
the necessity of self-preservation will league Germany
and England against France and Italy, and the muskets
which we have subscribed for aucA Gent to. Garibaldi will
be fired at those Nxho paid for them ?) fwe will persist
in viewing the Emperor as the representative of political
liberty on the Continent, we must pay the price of our

infatuation, and he will continua to make merchandise
of our sympathies, to, his awn profit, until the gigantic
swindle is exposed, and the base cain which he has
passed under the tame of freedom is acknowledged as a
counterfeit.—Blackwood' s Magazine.

RULE FOR PREDICTING TUE WEATHER.—About a
year ago we mentioned, without attaching much credit,
to it, au empirical rule by which the weather nAight be
predicted with tolerable certainty diAritng tiro last twenty-
four or twenty-five days of a month, from that which
prevailed during the former ones. The rule is now,
however, again brought forward with such additional
arguments in its favour as to induce us to return to the
subject. It appears that it was the late Marshal
Bugeaud who discovered it in an old Spanish. mutt-
script. He was struck with the great number of
observations from whichhad been deduced extending
over nix
than fifty years, and resolved to verify it
himself. The result of his observations was so satis-

factory that he soon got into the habit, in Algeria, of
consulting the rule on all occasions when some
important military or agricultar4 operation was in
contemplation. The, rule is as follows :—" Eleven
times out of twelve, the weather will, during the whole
lunation, be the same as that which occurred on the fifth
day of that moon, if on the sixth the weather. was the
same as on the fifth. And, nine timko,s out of twelve, the
weather of the fourth dal will last throughout the moon,
if the sixth turus, out to be like the fourth." The Mari
shal used to add six hours to the sixth day befoie pro,
nouncing on the weather, in order tiz make up for the
daily retardation of the bet seen; two, pomages
across the meridian. is clear that this rulo may not
be alwivs spplieable, there being roc thtug to prevent the
ixth day from being quite different from the fourth and
fifth. 111. de, Cock, of Havre, has just published his
observations, continued for ten months, soul which coin-
PletelY Cciftfvui the rule,—Oaliyazotes .gcssenyer,