The Express.
London, England, 1852-07-29 00:00:00

THE BARONESS VON BECK'S CASE.
MIDLAND CIRCUIT.—WAavricx, JOLT 28.

CONSTANT HENNA Lt TAOISM/A V. OXORON DAMSON,

111 NRY WITTUN TYNDALL, RICHARD PEYTON, AND
Mallon RYLAND.
The action by Constant Derra de Moroda for false impri-
sonment, to which references was made in yesterday's Es-
press, came on for trial to-day, before Baron Alderson and
srejaclikuastances under which the action arose are fresh
in public recollection. In the month of September last yeas
an Hungarian lily styling herself the Baroness von Beck,
visited Birmingham, and was accompaided by the pluintiff,
who acted as her secretary. The parties took up their resi-
dence at the Clarendon Hotel. They were subsequently in-
vited by Mr. Henry Tyndall, a solicitor in Birmingham, to
take up their residence at his house, Madame von Beck
being at the time in ill-health. In consequence of circum-
stances which afterwards transpired, the lady and her se-
cretary were taken into custody by the police at Mr. Tyndall's
house, on the night of the 30th of August, and lodged in the
borough prison. As they were being brought up bur
nation before the magistrates on the fullowing morning,
Madame von Beck died. The magistrates wars then in-
formed of the eircumstuncea under which the prosecution
had been commenced, and the charge not being premed,
Mr. Derra was discharged.
It ia to recover damages for this " false and malicious
taking into custody and imprisonment, " without reasona-
ble end probable cause," that the action has been brought.
The defendants are Mr. George 'Dawson, M.A., Mr.
Arthur Ryland, Mr. Henry Wilton Tyndall, and Mr. Abel
I'e too.
On the special jury being called, Rev( n gentlemen only
answered their 11:110eS, Mr. Serjeant Miller accordingly
prayed a " tales."
For the plaintiff, Mr. Serjeant Miller awl Mr. Field ; and
for the defendants, Mr. Macaulay, Q.C., Mr. Mellor, Q.C.,
and Mr. Hayes.
Mr. Serjeant Miller opened the case by an elaborate
detail of the circumstances of the case. Ile said that the
plaintiff came before them seeking compensation for one of
the most wanton and scandalous outrages ever off red to
any man possessed of the feelings, hoauur, and character,
of a gentleman. Of the poor creature iu her grave, who
had been so cruelly bunted to death, he need say nothing ;
she was beyond the reach of her persecutors, and required
no redress. The plaintiff remained to vindicete his own
character and his own honour, and, having heard the ease
throughout, it a mild be for the jury to soy whether what the
defendants had done lied been without a reasonable or pro-
bable cause that the plaintiff was guilty of any crime, and
whether his persecutors had not been actuated by vindictive
motives for the purpose of gratifying other persons who did
not appear as principal parties in the trausaction. The
learned counsel described the birth, parentage, and educa-
tion of the plaintiff, the high connexion of big family in
Hungary, and the honourable post which his father, a
noble II birth, still filled under the Emperor et
Austria as King of Hungary. The plaintiff, who
had been in the Austrian army, entertaining different
political views to his father, quitted that service, ant after
travelling some years, came to England, where he arrived
in April, 1351 ; and one of the calumnies to which Lc hod
been subjected was, that he was disowned by his parents—
an assertion utterly at variance with the fact. Shortly after
his arrival in England, he became acquainted with the
Baroness von Beck, who had sonic time previously published
au interesting work on the subject of her put adventures
in Hungary. She was meditating the publication of another
work on her own account, and as the intimacy between the
plaintiff and the Baroness von Beck increased. the former,
from the purest and most benevolent motives, agreed
to waist in forwarding its publication Mr.
of Bishopegate-street, having consented to become
its printer. Tho lady was in ill-health and poor
circumstances. The plaintiff not only lent her money
but aided her in every way in his power ; never having the
slightest cause to doubt her being the person she repre-
sented herself to be. Ultimately, on the suggestion of Mr.
Gilpin, the Baroness proceeded to Birmingham, to procure
'Ascriptions fur her book. The plaintiff, at her earliest re-
quest, accompanied her, and having presented their letters
of introduction, amongst them being one to Mr. Joseph
Sturge, who
.paid If. 4s. in advance, the plaintiff afterwards
procured an introduction to Mr. George Dawson, who con-
sented to receive a visit from the Baroness. That gentleman
took an interest in her—he " in the most delicate and feel-
ing manner " (the learned counsel said), not ouly
offered to subscribe for her book, but ho wrapped
up the amount of his subscription in a piece of
paper and presented it to the plaintiff. The Barman,
through him, expressed her gratitude, and solicited his
interest in procuring subscribers to her work; he consented,
and, through his instrumentality, Mr. Tyndall, Mr. Ryland,
and Mr. l'eytun, the other eleteudante, became subscribers.
Shortly afterwards the lady fell ill; Mr. Dawson, on the
application of the plaintiff, sent his own surgeon to her aid ;
the lady's illness increasing, Mr. Tyndall invited her to his
house, whither she was removed, and remained until the
time when she was taken into custody, the plaintiff having
also, on the earnest and repeated invitation of Mr. and Mrs.
Tyndall, become their guest. There he also was
treated with unvarying kindness, until the night of the 29th
August, when he was taken into custody • but the learned
counsel said, three or four days previously to this it was
noticed that Mr. Tyndall was much from home. On
that evening Mr. Tyndall had a party; they had been
playing French theatricals on the night previoualy,and it was
intended they should be repeated. Plaintiff wait sitting at
the pianoforte liken Mr. Tyndall came behind him and
asked him to :rep out of the room. He did so, and imme-
diately that he did so, withou: a word of explanation, he
was pounced upon by Mr. 'randy and another policeman ;
he was dragged through the passages, and, like a felon,
publicly searched, and locked up in a prison all night with
nothing but • bench for his accommodation. The learned
counsel minutely entered into all the succeeding circum-
stances of the case as they appear in evidence., and con•
eluded by calling upon the jury to mark their sense of the
character of a most diabolical outrage, • violation of
the law, and an utter disregard of that which even hos-
pitality ought to have been sufficient to induce Mr. Tyra.
dell to save his guest from—by the most exemplary
damages, ouch as would to some extent remove that foul
scandal and blot and disgrace which had, by this transac-
tion, been cast not only on the English law—which was
sufficient to bring a blush into the face of Englishmen—but
which the jury. might to some extent remove by vindicating
in open court, in the face of Europe, the character of their
countrymen for fairness, openness, and for • full rerognitien
of that which was due to hospitality; aye, and as would
show to the world that a British jury would sever sanction
so scandalous • violation of the law as that of which the de-
fendants had been guilty, which there was no pretence for,
and which, in the case of these foreigners and exiles, could
, under any circumstances, have been justified.
The first witness called was Mr. William Henry Gem,
the clerk to the magistrates at Birmingham, who produced
the depositions taken in the matter of the Baronets von
Beck and the plaintiff, before Mr. James James, the magis-
trate who granted the warrant.
By Mr. Macaulay—l was present at the hearing at the
police office on the 30th of August. I do not know the
handwriting of the parties who signed the depositions.
[The learned counsel reserved his cross-examination until
this was proved.]
Inspector Tandy,of the Birmingham force, sworn—l was
present at the time the depositions were taken before the
magistrate in August last. lam unable to identify the sig-
natures of the four persons who signed the depositions.
[These were the signatures of the four defendants.] I am
not the officer who arrested the plaintiff and the Baroness
von Beck. I never had the warrant. Mr. Superinten .ent
Stephens arrested the plaintiff. I saw the warrant in his
hands. I assisted in conveying the plaintiff to the police-
office.

By Mr. Idseaulay—l searched the plaintifr; he made •
little objection. I did not put hint to any indignity. I took
from him a pocket-book and some letters; they were re-
turned to him on the following day.
Re-examined by Mr. Berjt. Miller—l don't know that
two of the letters were withheld.

Baron Aldenon—Why did you search him ? What wu
the charge ?
Witness—Bo was charged with obtaining money under
false pretences ; and it's usual to search.
Baron Aldenon (with emphasis)—Then, sir, it ought not
to be usual to search persons in such cases. In a charge of
felony it might be necessary, but here certainly it was not
necessary to search. if a person is charged with treason,
you wouldn't search fur the treason in his pocket.
Witness—Accidents have happened front persons not
being searched.
Baron Alderson—Ab, people have bad poison about them,
I suppose. There wu no likelihood of that in thiscase, you
know. Searching is an indignity, and ought not to be gene-
rally done.
Mr. It. A. Stephens, the superintendent of police at Bir-
mingham, was next called by Mr. Serjeant Miller, with the
purpose of examining him on the subject of the warrant,
but the answer was " that Mr. Stephens was not in
Warwick."

Mr. W. H. Gem, the clerk to the magistrates at Birming-
ham, identided the signatures of Mr. Tyndall and Mr. Ry-
land, two of the defendants to their depositions, on which
the warrant was granted.

M. Constant Dome do Morale, the plaintiff, examined
by Mr. fierjeant Miller—l am a native of l'esth in Hun.
gory. My father is a private gentleman. lie tills the
office of equerry to the King of Hungary, which is here-
ditary in my family. My !entity is noble. I was educated
in the Military College at Vienna. After, I entered the
Austrian army at 16 years old. After 1 left the army 1 tra-
velled. I am now 31 years of age. In 1331 1 came to
London, and soon afterwards made the acquaintance of the
Baroness von Beck. This was on the sath of April, I
having arrived on the Ist. 1 called upon Mr. Bentley, and
asked him for the liatunesa's address, and called upon her
I accordingly. 1 visited her two or three times, end in the
coarse of my visits lent her five pounds. 1 learnt from her
that she was about to publish another book, and upon her
invitation eceoinpanied hoe to Itantsgate to visit the gentle-
,' men who had translated her first :wok, and who was about
translating a second. I saw Mr. Garvey. This was about the
lend of July or the Ist of August. I saw the Baronets
sety Mr. Garvey 10/. on account of the translation. 1
also accompanied her to Mr. Gilpin, who recommended her
'to go to Birmingham and solicit subscriptions fur the
book. Titree letters of introduction were afterwards given
by hint to the Baroceta to gentlemen in Birmingham. The
book was to ho published by Mr. Gilpin. The Baroness
insisted that I should accompany her to Birmingham: I
consented to accompany her after repeated solicitations ;
she was very feeble hut in gool health ; she appeared to be,
about fiti years of ego. It was arranged that 1 should assist
in getting subscriptions for her book. I was to hare no
remuneration ; my own feeling was that of kindness to her.
I paid my own expenses to Birmingham. We took up our
abode at the Clarendon. We presented our letters of in-
troduction nest day. All three gentlemen egrce.l to sub-