The Express.
London, England, 1849-06-18 00:00:00

LAW INTELLIGENCE.

COURT OF CIUEISN'b fiIf.NCH.—SITIIIIDAY.
amnia AT Dm Palm—Boom Loan Damian AND A
ettNMI Aray.
&MTV V. WIIITCONINE AND OTKIRS.—Tin Paid 01
A uv nay team an is.
Mr. R. Janus end Mr. E tweeds were counsel for the
plaintiff ; as d Mr. Wnatele, Q C., with whom WWI Mr.
H Iliall,Q.C., appeared tar the Telenet.
Vas was en action brought by an attorney in Bucking-
Imassareet, Strand, against the defendants, who wee.,
members of me same profresion in Glows eter. The i
Tdastiff sought to recover the sum of thirty peunds, tar
havka ins. rued, at the rigout of the defendants. several ad. I
vertisements in nos ning the Oinwarer D eke and a cereals
railway, in a new,p.p r calm the Bucks Herald.
la map n of 'h. pheintirs case several edemas were
celird, amongst whom were Mr. Ne • tou, Mr. William
Thomas, of Catherine-street, in th.- S rand, and Mr. Far
rand, a m...rtising spat., who stated that the rear= of one
ghillies a line made by the plaintiff for the advertimment•
was a fair one, and that the London morning p.pers charged
one shildng and three-pence a line.
Tr the defence it was eastended that the plaintiff had
overcharged the defendants to the trent of 141., and that
the sum of 161., abich they had paid into court, was an
ample reinuamation to him.
Lord Denman, in summing up, left it to the jury to sty
what am toot the plaintiff we. entitled to (or tie ides attic.
mute which he had caused to be inserted in the Bunko
Herald, and whetter he had already received a sufficient
sem ea payment from the defendants.
The jury Mend a verdict for the defends's%
CONSISTORY COURT.—SATIIitaiL
Berms Da. Ll'e,•ll.OTON.
FAIIMNISTT V. FAIDNIVIT.—DIVOItCB.—JUDOItVIeT.
This me a sat promoted by the Rev. Bryan Fannon
against his wie, lice= Caroline Emmett, for a devotee, by
reason of adultery. The facts of the ease appeared io our
psis/ of the 31st tit May, white the ardwneht• were reported.
The Court gave judgment today.
The Judge went ,hntah the whole of the evidence, and
commented upon it as he proceeded. He said, the avid. nee
went to prime that Mr. Walter Trevelyan was in the habi. ,
of visiting Mr. and Mrs. Faumett, being on terms of friendly
intimacy, and that during his visits it had been observed
by a variety of persons, who gave evidence in the case, that
the terms of intimacy between Mr. Walter Trevelyan end
Mrs. Fatunett were of a nature to elei'e the nitric en of the
servants, and Mr. and Mrs. Dixon, at whose house Mr. Emm-
ett bad taken apartments at Seaton Carew. The Rev. Mr.
Faussett was curate of Crop.horn ~ of which Dr. Femme
was vicar, in the county of \Vomiter; he married a Mi.§
Trevelyan, and by that carriage they had two children. In
1647 certain scu.d.uous reports were afloat that Mrs. Fans-
sett's conduct was „not correct in ht r intimacy with Mr.
Walter Ttevelyan, and that the was pregnant. In conse-
quence of this, Mr. Faussett not believing there was any eri-
rinelity in the conduct of his wife, left Cropt horns and went
to the continent with his family for a short time, until
such reports should have passed off. Subsequently
they returned to this country from Frankfort, and
soon after a reparation took place between Mr. and
Mrs. Fans ett, Mr. Fausett not having occupied the same
bed with his wife eines August, 1846. It had ben mimed
that Mrs. Faussett and Mr. Trevelyan bad often been to-
gether in the drawing-room with the door locked, when she
was staying at Seaton Carew, and that when alone many in-
decent familiarities frequently passed between them. The
Judge said he must consider the lasts of this evidence. It
the parties were left alone with c,creed doors without any
ration, such circumstances woul I go a great way to justify
a belief that an adulterous intercourse had taken place ' • but
the only witness to those facts was Jane Rochester, Mrs.
Fawcett's maid. The court thought that this witness was
entitled to belief; she says she lived in their service nine
months, having entered it on the 9th September, 1816.
Mrs. Fauseett was then stayi.g with her •two chil-
dren at her brother's hove, Mr. Spencer Trevelyan's, at
Long Wilton. It was here that Mr. Walter Tre-
velyan, who raided at Nether Wilton, visited the
family. He was her second cousin. From here they
went to Seaton Carew, a watering-place near Hard -
pool. Mn. Fawcett took a lodging at the house of a Mr.
and Mrs. Dixon, where she stayed three weeks. It wee here
that Mr. Walter Trevelyan visited Mrs. Faussett frequently.
It was said that he lived adatinually with Mrs. Freemen;
that he used to have all his meals—breakfast, dinner, and
tea—and walked with her, only going away to sleep. He
would stay until 11 o'clock at night, and sometimes as late as
12 o'clock. He was then alone with Mrs. Fauseett in the
drawing-room; they conducted themselves towards each
other with great familiarity, and appeared very fond of each
other, and used endearing language—indeed like husband
and wife. The witness (Jane Rochester) mid she ones hosed
the door of the room bolted from withhold. • she heard Mr.
Tread's's walking across the room, and then the heard the bolt
drawn, and an hour after she heard the door unbolted ; there
was a sofa is the room. She mentioned this circumstance to
the landlady, Mn. Dixon; but she had heard Mn. Fannon eo
highly spokes of that she could not believe there was any-
thing wrong. It was after their return to Cyr/pentane that
Mrs. Fattiest accapied a separate bed from Mr. Fauseett.
A few weeks afterwards Mr. Walter Tnvelyen visited Mr.
sad Mn. Fanmett ; at one time ten days, a: soother three
weeks. Oa these occasions Mrs. Faunas and Mr. Time-
ly= were very intimate with each other ; but she never saw
an conduct or heard any language that was unbecoming or
different to what they did when Mr. Fawcett was present ;
but they were frequently together in Mr. Welter Trevelyaa's
bedroom while he was staying them. On one occasion, aft^r
coming from prayers, about ten o'clock at night, she had got
tip to the top of the beak stain which opened on the land
ing, when Kr. Trevelyan, who was retiring, said " Helena,
I find I have a fin in my bedroom," when she said " Yes, I
ordered it." He then asked her to come adult how nicely
it burned. She them went towards his lledrsom, and the
door closed. Mn. Fasinett remained there about 20 minutes,
during which time the witness waited in Mrs. k aussett's bed-
room, and when she ass in, her hair appeared to have been
crumpled, but she meld not say that any impropriety of con-
duct had taken plass between them on this on. On
anothereamaus4 when they bad reached the top of the stairs,
she heard arustling of Mrs. Fannin's dress, and a noise
such as would be made by a person kitting another, when
Mr. Trevelyaa said, " Good night, Helena." On one occa-
sion, when acing to Mrs. Ferment's bedroom of a morning,
she observed Mrs. Farman was absent
She had also heard
it reported that Mn. Fanmett woe pregnant, when Mr.
Faussett sant his family to the contisent. The Judge
thought the court could not give every madame to
this statement ; it was 'improbable that the witness, while
below in the kitchen, mad hear the bolt drawn and nn-
drawn. At the same time she asserted she hadnever seen
any impropriety between these two parties and also she said
simbelUved)[rs.Fannett could not do anything that wss wrong
sad that she never detested anything that was erring or
Wimp! in the mourn of the yes each other.
The Judge ill be bed groat in coming to a natio-
hien eswiwien en the :while et evident's. There
woe audisient to suite wegiska In en unprejudiced mind;
has *mike dew, he Naiad tread a sentence of dimes
upew it. AWE this it is elated, that Mr. and Mrs. Fatima
awe eseepisd dm seine bed ii, and also that We
resolved her Itabsed with great eewwes. Charlotte Barton,
anther witness, said she lived in the service of Mr. end
Mrs. Firemett, at Cropthorne, for three months, as house-
maid. During this time Mr. Welter Trevelyan visited the
family, and the whales thought Mr. Walter Treacly= and
Mrs. Fansestt were tee familiar—wee than she would have
liked, bed Ws hew Mrs. Fausett's husband. They con-
tinuant teas with very wbecomiag_ familiarity, both
be bigunge wed manner. She saw Mr. Walter Trevelyan
rieirib sem wad Mrs. Famett, and kiss her. These
w iled bee misgivimp that there was an improper
miemilwandble Wires *sm. She had knows them
le be Weather in the heiress la the day time. She had
Wed lies. Fannett Wises Mr. Trevelyaa es " My love,"
sad " Dearest and dew Welter" end the had seen them
him each other. ThaiJwip said he did net knew what to
*bit of all this evideneettamp be saw en semen to doubt
the Wiwi ; bat her widows was scything bat of a esti,-
helm sheineter. Thar appeared no sway in the can-
dust if lb. Waist be Mi. W. Troyer* asked Mts.
, Few* le isms sad see beer kis ire was burning in the
I gra" at the wiensw who did not see Mn. Paulsen enter
haw at the time in another room, with the door
ellseerriles. Fineman might never have sawed the ream
atXr . W. Trevelyen. -She might have gone doer* stairs.
Row welithe witness swear to Mrs Fauesett being in Mr.
W. Tmellemee chamber, when she never saw Mrs.
Forma Be Into it. The transudes might agate some
eneglisme lint he (Dr. Laskington) weld net soma to
lb, emeslutima that adultery took elme ea this measles.
Is semellog le the widow 1111 Cheelsme es, she /peke
le Ilidr labs tegstber le do beim% bitere appeered
se widows of sweelwast tweeds Mr. newts; they
mess all livieg tegetber in a mull house, without nay
Messye to blind Mr. Taw& It appeared slated bates.
elhle that all this weld lobe *see without his suspecting
emetbing. He (Mr. Faumett) must have seen that some-
- use en between the parties. On the 6th of I
=- Fameett separated hermit from her
11-Q• i-1114- at thlt Moe time, received his with
ICZ Than wig • *MEP that the parties were seen
, bet the list witness said she had seen no
eisk ty ; the whole et her evidence wumcom
flphir
Moak *e court ems net Wided with it. The
Mlinsubbel • *Wager arrialisa se to their condom, and
eitiluia le way aailardagi term She saw Mr. W. Tre.
Mgble awe roma Nis. Fammil spa hies W. This
la be time. and it s degree eurr what ;sae
Meted la her widow. The Maid& was very
lea& Es (De. Desloge's) amid set set ge *neat the
whale el It. It spoke to Mss. Fausestt
;DaMenmett also molts to this, when hire.
lee the went to Frankfort, where Mr. Falwell did amt ea '
her and her family. It was Wee OW Imo Ro-
t° having takes Wean to Mr. W..Teewipsw,
vibe en mat** called /Ira Faints few the sews to
"sok is Ida ; ti do was while they were at Ws bold. Is
Imbue that Mr. Faure* bed his fees wink end
I awed Ills. Fames* id& links =WWI aishurilik