The Daily Times.
Liverpool, Merseyside, England, 1860-06-12 00:00:00

EXTRAORDINARY CASE OF LIBEL.

CHARGE OF ADULTERY AGAINST A SURGEON

COURT OF EXCHEQUER.-YESTERDAY.

(Sittings at Nisi Prins at Westminster, before Mr,
Baron Wylde and a Common Jury.)
BAINES V. BROWN.

This was an action for libel (commenced on Saturday
and continued yesterday), charging the plaintiff, a young
woman, with having committed adultery with a married
surgeon. The defendant pleaded, first, not guilty, and
secondly, a justification.
Mr. Edwin James, Q.C., and Mr. Dodswell were
counsel for the plaintiff. Mr. Macaulay, Q.C., and
another learned counsel, appeared for the defendant.
Mr. Edwin James, in stating the case to the jury on
Saturday, said plaintiff was a widow, residing at Hor-
sham, and complained of a libel written and published
by the defendant, with whom she had lived as nurse-
maid, and who was a retired army surgeon, a man of
property ; and having lost his wife a few years since,
his family went and lived as boarders at the
house of Messrs. Thomas and Burroughs, surgeons,
practising at Horsham. Mr. Burroughs recommended
the plaintiff to defendant as a nurse for his family,
and she was engaged, and entered on the service
in Mr. Burroughs's house, as one of the household,
in January, 1859. Mr. Burroughs was frequently
absent, attending to his practice, and it was observed that
after Dr. Brown, the defendant, became an inmate of the
house, Mrs. Burroughs became estranged from her husband
and appeared to receive the marked attentions of the
defendant to such au extent as to lead him to believe that
tke defendant had seduced his wife (though Mr. Burroughs
in his examination, said he did not charge his wife with
criminality with the defendant). The consequence was
that a quarrel took place between them, and the wife
left his house with her child, as did also the defendant
and his family. The plaintiff ascertained that his wife
and child were residing in Guildford-street, Russell-
square, and he went there and saw them, and at his
solicitations she returned home with him, but shortly
left again. Mr. Burroughs traced his wife and child
to Southend and to Hampstead, and discovered
that they were visited by the defendant. Pro-
ceedings having been instituted in the Divorce
Court by Mrs. Burroughs, against her husband, the
defendant brnught a counter-charge of adultery by the
husband with the platittia ..nest she lived in his nouse
as the defendant's nursemaid. The libel complained of
was contained in a letter written by the defendant to
Mr. Britton, a practitioner at Brighton, and a friend of
Mr. Burroughs, and was as follows :
"You have been made acquainted with the disgraceful
conduct of Mr. Burroughs in his turning his wife out of
his house, I suppose, and to cover his shameful cruelty
and brutality he turns round on her and attempts to
make her, with myself, the scapegoat of his intrigues
with my nurse. Only think of a man vindicating the
character of my nurse by aspersing the character of his
own wife ! I trust you are doing a tolerable business,
and to your satisfaction, and believe me, yours truly,
4' J. COLLIS BROWN."
Mrs. Rebecca Baines gave evidence to the effect,that

her husband died three years and a half ago. Dr,

Burroughs had been her medical attendant, and through
him she had obtained the situation as nurse for
defendant's children. In September, 1859, she went
into defendant's bedroom to perform her domestic
duties as nurse, thinking defendant was not there,
but she found him with his arm on Mrs. Burroughs's
shoulder ; this the lady (who is thirty-two years of
age) afterwards accounted for to plaintiff by saying Dr.
Brown had been taking a model of her mouth. (Ltugh-
ter.) Dr. Burroughs never spoke or acted with improper
familiarity to her, but Mrs. Burroughs became estranged
from her husband, refused to go out riding with him, but
wanted the carriage for defendant to drive her out. On
the I3th of December, 1859, defendant left the house,
and Mrs. Burroughs went on the following day, with her
little boy and Miss Smith, telling witness that she had
telegraphed to Dr. Brown to come back, and put Mr.
Burroughs to rights. (Laughter). Defendant never

made any charge agaiust her (Mrs. Baines) prior to his
leaving the house, but said he was about to put the
children to school.

Witness was subjected to a very severe cross-exami-

nation, with a view to showing she had been improperly
familiar with Dr. Burroughs, but every suggestion of
the kind she denied.

Dr. Burroughs gave evidence to the following effect :
—He has been married fourteen years. After defendant
came to live with him his wife altered very much. Dr.
Brown left his (witness's) house suddenly, having come
into the room where he and his brother were, and shook
his fist in his (witness's) face, and said, " you are a
villain, and are killing your wife." In reply, witness
threatened to kick him out of the house, but he was
led out by the brother. Mrs. Burroughs left the follow-
ing day. Witness then gave evidence to tracing kis
wife to Southend and Hampstead, and denied that any
improprieties had existed between him and Mrs. Baines.
In his cross-examination he said this action was not
brought at his instance or expense, though it was by his
attorney (his brother), who was also the attorney in the
action for libel be was bringing on his own behalf; and in
the divorce corn comnacncod by hir wife against bin, on tho
ground of cruelty and adultery. He admitted that he had
been charged, eleven or twelve years ago, with familiarity
with a female servant in his own house, and that Mrs.
Burroughs interceded, and it was hushed up, and she
condoned it. He had kept a woman before he married,
but his wife knew it and forgave him that as well as the
other subsequent occurrence with the female. servant.

He did not recollect that his servant, Fanny Fry, left
him in consequence of his making advaauces towards
her. He tried to kiss Esther Holland in the cellar, but
did not remember breaking a chair in trying to get one
of the women servants on his lap. After his wife had

left him, he wrote as follows :
" Dearest Annie,—Why did you not come to-night ?
If you ever loved me, try to forget what has passed, and
come to me at once. Your note I have just ‘,c.cived,

but write I cannot. If you do not come to-morrow

you will never see me.--Your de,oted husband,
BURROUGUS,
" Tlie house is too desolate. This will make the
third night of sitting up watching, and for what? Only
your love."

He did this, not seeing why a domestic quarrel
should not be made up.
The case of the plaintiff was continued yesterday
morning.

Airs.Dallistoun and Eliza Pearce were the first wit-
nesses called, and gave evidence in corroboration of the
preceding witness relative to the familiarity between Dr.
Brown and Mrs. Burroughs, Mrs. Pearce being the
keeper of one of the lodging-houses 14 which Mrs.
Burma and a Miss Smith lived together, and where
Dr. Brown had visted them, and where a Mr. and Mrs.
Billing 1.,,ad. called and caused considerable =sterna-

tion, and their immediate removal.
Mrs. Myall deposed that she kept a lodging.-house at
Southend 31 years, and in February last Mrs. Burroughs
took a bedroom and sitting-root at her house, Mrs. Bur-
roughs at the time living at 14, Marine.parade, South-
end. Witness's house was thirteen doors from No. 14, but
had no number. It was Ivy Cottage. The room was
taken for a sick gentleman, Dr. Brown. Three days after-
wards. p,r. Brown, came. lie only slept at the house.
lie took his meals out, A servant from Mrs, Borroughs

came and fetched him to breakfast one morning, in case
he shanld miss the train. Witness was paid for a fort-

night, but the doctor did not stop all the time. He

slept at her house at intervals. When he puma home to
sleep he did so at about twelve o'clock, or a little before.
He left witness's house on the Ail, of March, and she

saw him in Southend op the Wednesday following,
corning from the train. She took her bill to the house
where Mrs. Burroughs lived, and got the money there.
She thought Dr, Brown looked very ill.
gross-examined—Did not know how long Mrs. Bur-
roughs remained at Southend,
Benjamin Brown, 24, Adam-street, West, Bryanstone-
scinare—liad formerly a house on Downshire-hill,
Hampstead. Dr. Brown took apartments there in
March for a lady and her niece, her servant, and
a little boy ; they came in the afternoon. Dr.
Brown came in the evening and took tea with
them, They slopped a fortnight, during which
the doctor came there frequently, perhaps every
other clay he took tea with them ; he came in a dog-
cart,
alld took Mrs. Burroughs out on one occasion; was
not sure if any one went with them, certainly no one but
the little boy. Once Mrs. Burroughs went with Dr.
Brown and a servant in a cab, to go to London. They
gave no reason for leaving ; did not k.now where they
went to; their letters were to be forwarded to a lawyer
—George AY;el-4
King:street, Cbeapside London ;
never saw them since,
William Nevill deposed that he kept a livery stable
at Downshire-hill; recollected Dr. Brown putting up
a dog-cart and horse at his place about half-a-dozen
times ; recollected Mr, Brown, and a lady, and a little
boy going out in the dog-cart once ; they were out two
hours and got very wet;
being caught in a storm.
Allis kerrv, station-master at Southend in the month
of March last, 45 conductor of the telegraph, saw Dr.
Brown there. Saw him on several occasions. He

received telegrams addressed to Mrs. Burroughs on 20th
Feb. from Dr. Brown. One was sent from Smith to
Brown on 15th March, one from Brown to Smith on
the same date. The messages were sent to the head
office. He did not know the contents.

John Kerstey, clerk in the chief ottice of the telegraph
company—The messages were produced and disclosed
Aothzng furthet tltt,ll that Dx. Brown and IVirs. Bnr-.
:".,g12.; were in communication at the peclod spoken of
by the last witness.

P 70.
Jeremiah Brown, innkeeper, at Etmb.....,
kept tae said—He
R4ilwq 114/ P 4 14fa-"':brother of plaintiff,
\llllll:thseerj:l4-si:el"..ll.e.tlim444e: ves;;;Ting
-Brown. She resided with her
with him, from the death
cef. ;ler husband till she went into Dr. Brown's

service. Recollected Dr. Brown coming to his
house about the 14th, 15th, or 16th of December last.
He said, "Brown, Mrs. Baines has gone back to Bur-
roughies." He said, ,yes, Mr. Burroughs was left
alone, and at the solicitation of Air, Thomas Ale went