The Express.
London, England, 1863-08-17 00:00:00

- -
ASSIZE INTELLIGENCE.

HOME CIRCIIIT.—CsoToon, Arover 15.
The prooeedings of this circuit are still dragging along
M a mad pace, and out of 164 eases only about 90 have
been removed from the list, not by being tried, however,
toe the 'majority of them have been either withdrawn or
settled is 00010 way or other out of court. There
nee still remaining to be tried twenty special jury
roses and fifty common, and it is said that one of the former,
winch is au action &gaunt a fire office to recover a largo;
amount upon a fire policy, Ind which is resisted upon
s plea of fraud, will occupy five or six days ; so that the
am etas will, in all probability, not be brought to aconcluan
in lam than a fortnight from this time.

WESTERN CIRCUIT.—BRraroy Avavar 15.

(Melon Mr. Justice Willis.)
'.L¢ T. BTOGDIVI.-.SPOCIAL AMT.

This ranee, which the learned judge admitted was owe of
the most extraordinary that had ever come betters him,
washed an unwonted amount of interest—the court being
firmly crowded throughout the day, and up to the late
boar of night at which it terminated. Ladies were requested
$e withdraw. _ . .

Coreridge, QC., and Mr. Stock were for the plaintiff ;
Kiaraleke, QC., and Mr. Montague Bere for the
dishoos. _ _

The damages were laid at 2,0001.
Mr. Stock opened the pleadings. Mary Leak was the
t otiff, and Robert Stogdeo the defendant. The declare-
that the defendant had spoken metre slanderous
wordean7tte plaintiff, imputing to her that she had allowed
Lim to have criminal intercourse with her ; that cease-
gamily she hail lest position in society, and one Elias Fide-
lity had refused to marry her. The defetelant pleaded the
general issue, and also that the words spoken were true ;and
es those pleas issue was joined.
Mr. Coleridge said the action was brought by Miss Mazy
Luck, the plaintiff, against • person named Stogdeo for im-
peace to her that which to a modest woman was the most
gruel imputation he could east upon her—that on repeated
occasions she had acted unchastely with him.
If anything could add to the unmanliness, the
bearer, and the cowardice of the defendant's cooduct, it
was the fact of his having been on terms of long intimacy
with the plaintiff, cod having been engaged to marry her.
Miss Leek was a young lady of about 25 or 26 parrot age ;
lie was a fatherless girl, and lived with her widowed
soother, a lady who had carried on a farm in Devooshire,
but who had now retired and lived at Topsham. The defen-
dant Stogden was a person of some 11/ years of sge, who
lived in the same place, and who carried on the brines of •
firmer. An intimacy commenced between them, and in
1868 he became engaged to be married to Mon Leak, and
the courtship was continued tall • time in 1862, when it was
koken off. The defender had taken to habits of intoxim-
=sod he came ou one occasion to the hors of Mee. Leak
in that state, and behaved with such violence that Miss
Ur sod her mother were compelled to order him out of the
Loon and to send for some member of hie family to remove
ban. The habits to which the defendant bad taken were
woch as most at any time prove fatal to anything like bappi-
Sem is • married life, and Mir Leak refused to bre any-
thing further to do with him. Afterward' a young man
in the neighbourhood named Pidgley formed so
attachment for Miss Leak, sod became engaged
to marry her, and things went on without interruption
until the 27th February lase, on which day Mir Leak was
in Exeter with her mother, Mr. Pidgley, and • young lady
or two, when, as they were walking down the Aigh-street,
/Bogdan cameop to them and wished to "peak with the
plaintiff. She declined to have anything to do with him,
and moved aside, upon which he used the slanderous lan-
guage complained of —" Now, Polly, I'll expose you ; you
hove been the same to me as a wife, sod have laid with me
sera of times." Miss Leak was of coarse grestly shocked at
this most rano, most foal attack upon her, and she and
bee friends moved on. In the afternoon they were at the
railway 'trio° for the purpose of returning to Topsham by
the train, and the defendant there again iotenupted them,
sod attempted to get into the tame train with them. Mr.
Pidgley very properly interfered, and pushed him aside,
sad he again repeated the same words. Afterwards, upon
their arrival at Topsham, he again made his offensive
elsrges against the plaintiff. and said to her mother that he
was resolved, it words of his could do it, that no one else
should marry her. The plaintiff and her friends naturally
felt that she could not be allowed to lie under sorb
as imputation, and Mr. Flood, their solicitor,
wrote to Stogdes, sod called upon him to retract
gm slanders he bad uttered and apologies for them.
Hs took no erre of the letter, and the present action was
matraeoced. What had been the subsequent conduct of the
dcfrelant! He had had the audacity to put upon the
record • plea of justification, alleging that the words were
true. Nothing could be more hue and unmanly than the
course which the defendant had pursued. Mies Leak from
the commencement had indignantly denied that there was
the slightest shadow of • shade of ruodation for the grow
slummy urged sgaimt her character, and in order that no
doubt or suspicion might remain oti the minds of her friend'
or the world, she had at her own request done that which
roust have been deeply painful to the feelings of • modest
and chaste young lady—she hail submitted herself to •
medical euniittatiou, and Dr. Besot, a physician of large
practice and high scientific eminence, was in court, sod
would date sea hie oath that Miss Leak was ea true a vireo
as she was on the day of her birth, and that the slander of
the defendant could sot have any foundation in truth. He
Led stated that opportunity bad beet given to the defendant
to withdraw the calumny, and even now he might, if a
spark of manly or correct feeling remained, retract the
astounded calumny and make an ample apology. If he did
sot it would by-and-by be his (the learned counsel's) duty
to address to the jury such language regarding him as his
radar so justly warranted.
Miss Mary Leek, • pretty and modest-looking young
lody, was then called and gave a narrative confirmatory of
her conawil's opening. She gave her evidence with a pro-
priety of demeanour which at once gained her general sym-
pathy, sad ones or twice she was affected to tears. There
was not, she said the heat foundation for what be had said
mepecting her. Near on any occasion bad there been im-
MP:rintimacy between them ; that she solemnly swore.
ogagement with him was broken off in March, 1862, in
consequence of his being tipsy and violent and calling her
=Other • liar. She had seen his in that star frequently
before, and she therefore resolved to break off the match.
Mr. Kanlake closely cross-examined the plaintiff and put
into her hands some letters written to defendant from
Topsham in April, 1862. in which she signed herself
"affectionately" his, and proposed places at which she
would see him, and io one of which she asked him if they
were to part to let them meet sod part as friends. She
stated, in expiration, that those letters were in rawer to
letters from him, and the meetings proposed to prevent his
coming to the house, to which her mother objected. She
did meet him at Topsham, but he was not then an affianced
lover. They were not to have been married at Lady-day,
sad she did not engage a servant named Buck. Was not in
the habit of walking with him late at night. He saver
nisei in the house but once, on the night of his brother's
death. She always slept with her mother. There were
always servants in the house. Never sat on a sofa with him
after her mother had gone to bed. No doubt she had sat
in the roots aloes with him. Had sever been out in a shed
with him, or in any place of the kind. He did not manage
the farm.

liie.ohariotta Leak, the mother, War 31ar7 Hodge, Mr.
Maher, a farmer of East Brent. sod Mr. Marks Pit
Simard Heavitree, were called ie support of the plaiotiffs

Mr.. Leak raid her daughter always slept with her. She
was her oely child. Defeedant had never been in the bowie
after half-past 9 o'clock unless they bad company.
Mr. Pidgley said he had declined to marry Mime Leak
=hal the slander wen cleared up. He had continued his
emit on that condition.

Dr. Brent, of Woodbury, stated that be bad been in
practice twenty year, and bad had great experience. and
thatlie attended the families of plaintiff and defendant.
i.eY Leak had required him to examine her, which be did
in the presence of her mother. Was perfectly certain that
she bad newer had improper intimacy with any man.
Mr. Kerslake called the witnesn's attention to mine re-
marks in Taylor's evidence ; bat he repeated his entire con-
fidence in the plaintiff's virginity.
Mr. Kerslake then addressed the jury for the defence.
Be simitted that the charges against the plaintiff bad been
gam and serious., and Mr. Stogdeo, who bad used them is
• moment of *low irritation, regretted baying need them
• ; but be adhered to their truth and refused to retract
&ma, mod hawing pat a plea of justification on the record,
he &aimed hi right to come there and support it. The de-
fa•dant would pledge his solemn oath that be had over and
ever again had criminal intercourse with the plaintiff, and
be would call evidence in confirmation of his statement. If
the poblirity which the case had gained was painful to the
plaintiff she bad kernelf to blame for it in bringing that
melba.

--Robert Maiden was called, mid swore, in the course of a
lengthened examisatioa, that he formed so illicit coooisetion
with the plaintiff within a month of his engagement to her.
It was commenced in the yanl outside her mother's louse,
sod renamed coostaetly afterwards down to March. 1862.
The mimes denied that the engagement was then broken
ea, but admitted that there was so improper connection
efterwanis. He said he had meetings with Mies Leak down
to aboat the time of hi exposure of her, but was not aware
see WM 611 b• married to Mr. Pidgley till the day in quer
Men, when V 0114 her mother, who told hint lax.
U ennt pon
star el cememmeninatioe by Me. Coleridge, he made eery
radiatement'.
. . . _

The leeenidl Jades maid be hoped them nes a Mort-hand
writer punting down hie evidence. He Mao directed, et the
gime of the ezentinatisa, that be might not be allowed to
have the mart.

Up rc;•isinatneaion. the defendant admitted that a Jodi.
mane bad been obtained against him in the entinty mart for
mama be bad bad at Mae Leak. bat which be maul dm had
stem bin to poraltme Wage for ►is him at bar mother's
ante.

Juan Lang, rho bad lived lerreat at Mn.s Leek's
Ihr ail mats is 1864 dipped this he had rs•