The Express.
London, England, 1853-08-05 00:00:00

THE EXPRESS, FRIDAY EVENING, AUGUST 5, 1853.

ing half a pound of butter, and I told her I wished she was
as honest aa 1 was. She mid she was a lady, and had kept
htteen seroants, and I told her I did not care bow many
servants she had Lept. I said nothing of what I had
seen to her husband. Ile did not ask me auytkieg
about this matter. I was very well aware that it was
an improper thing for Mr. Baldwin to come out of
at re etkiason's bedroom. lie might not have seen me.
Mr. Baldwin's 0..4-
- serrate.' in the house, and 1 pointed out
There were tithe.
to one of them that had not been slept
'!•. Manton
. not very onen at the 1101.1!2 with his
wife. Mr. Baldwin was ovostently left there with Mu
Atkinson.

charge preferred against him was • heavy calamity,
but there were other considerations which were tett
to to of more importance to him as a man of honour,
and which meet come home to the heart of every men,
set ether counsel, jury, or judge, which affected him more
then his own interest, namely, the dreadful issue involved
to the unhappy lady. The result of the fatal hazard called
• trial to her was, whether thf:7!te ist go forth to the world
branded as an Adulteress—whether the peace happy Mardi
Tomlin, the daughter of - or-
beloved by all wL: . wealth, respectroie, ante i
, Knew her- eh )uld be thus branded sled
c3llsignetr 14? :cosiempt and oiegracs—to a state tar irons
!!!ell itself. He did not ,'relieve, however, that when
...0 jury had heard the evidence he should last before
them, they would return • verdict which would
have such a result, and he would at once say,
that according to his instructione, the only ob-
ject the plaintiff had in view was to obtain money
from the defendant on any terms, and that to carry out that
object he had not scrupled to expose to temptation her
whom he bad sworn to cherish and to protect. The un-
fortunate lady herself would not be called to speak to the
treatment and conduct she had experienced at the hands of
her lorsband, hut he should be in a position, by other tes-
timony, to prove to the satisfaction of the jury, what the
nature of that conduct had been, and if they should think
that guilt had been proved, he was sure they would
at the same time be satisfied that the plaintiff himself
had been the sole cause of that guilt, and that ha wse
not entitled to the slightest coasideration at. their
bands. He would state to them what were the ac-
tual circumstances under which the plaintiff and his
wife became connected. Miss Tomlin was, as he was in-
structed, a beautiful young woman, the daughter of a man
of fortune, brought up in the enjoyment of every luxury
and comfort, and who undoubtedly, from her position, was
entitled to entertain the most brilliant expectations. She
met the plaintiff at a public ball, and he was introduced to
her, and at their second meeting he proposed marriage. Her
father, her brothers, and every member of her family, were
averse to it. They offered the meat strenuous opposition to
it, but at last, yielding to the impression that the affections
of the young lady were fixed upon the plaintiff, and out of
regard to her feelings, her father reluctantly consented to
the marriage. The plaintiff had made some proposals
with regard to a settlement upon his wife, hut be could
not carry them out, and the consequence was,
that Miss Tomlin's lather declined to be a party
to any settlement, and none was consequently made.
Mr. Tomlin, however, from his circumstances, was enabled
to give them material assistance, and upon the marnege
taking place he permitted the plaintiff and his wife to have
poesewion of a handsome residence and grounds called the
Vineyard, at Peterborough, which hid been let for 3501. a
year, but which he permitted the plaintiff to enjoy the use
of for the stamina' sum of five shillings a year. He should
show them that very shortly after the marriage, notwith-
standing the evidence they had heard to the contrary, that
the plaintiff had treated his wife in the most cruel and
unmanly manner. He left her for long periods, he never
hardly was seen out with her, and he should show that in
consequence of a malady which followed the birth of the
second child, the unhappy lady was no longer an object
to gratify his passion, and that he resorted to every means
to get rid of her. The learned serjeant then referred to
the introduction to the defendant, and said he should show
that the plaintiff had endeavoured to obtain money from
him, and that there was no doubt that he had deliberately
permitted his wife to be with the defendant under the
circumstances that had appeared in evidence, for weeks
and months together,in the hope that she would be tempted,
and that she would fall, and that through her ruin he
might obtain money from the defendant. Did the jury
ever hear of any husband, who had the slightest regard
for his own honour or that of his wife, permitting
• person wbo was almost a stranger to have en-
tirely unrestrieted intercourse with her at an idle
watering place ? Would any man, who entertained the
slightest feeling of honour, permit such a proceeding? lie
should show them that the father of the young lady remon-
strated with the plaintiff in indignant terms upon his con-
duct in permitting a stranger to be dangling after his wife,
and stated what the opiuiuc of the world was likely to be
respecting it : and he should prove the offensive, disgust-
inn, and unmanly replies that the plaintiff made to him
when he did so. He should likewise show, by the plain-
tiffs own letters, that at the time when he was represented
to be in good circumstances, he was in an almost hopeless
state of embarrassment and difficulty; and that he was
earnestly supplicating Mr. Baldwin to procure him some
appointment. The learned serjeant then read several letters
which he sail he should put in evidence; aad he was
about to read some written by the wife of the plaintiff to
her mother.

ne-eiesainesi—After these thiage occulted I wltaessed a
Iffereace in the conduct of Dlr. aad hire. Atk&neon toirs.,da
each other.

Frances Smith said—ln MS/ I was servant at a bouts in
Royal terrace, Ramsgate, where the plaintiff and hi, wife
had apartments. Mr. Baldwin also lodged th, r.. There
was a sofa in the dining-room, at the back of foul,og
doors
which opened to a bed-room. While I was in this bed-
room upon one occasion when Mr. Baldwin and Mrs. Atkin-
son had returned from a party, I heard *.dmetbitie take
place in the adjoining room. There was a dreadful noise,
and I though: the folding doors would 'oe forced in, and
gent down stain and told my knoll servants I was sure
that something wrong was goirif on. There was no oue in
the dining-room at rut time but Mrs. Atkinson and the
defendant. TM folding doors shook violently, as though
the sofa was pressed against them. I have frequently seen
Mrs. Atkinson and Mr. Baldwin kiss one another, and I
have seen them sitting together on a sofa.
Crouexamined—They had been to a ball on the night I
have mentioned. Mrs. Atkinson and Mr. Baldwin had
been staying in the house about a week at the time. It
was Mr. Baldwin's bedroom I was in when I heard the
folding doors shake. Mr. Atkinson did not come dawn
until a fortnight before' they all left the apartments. No
lady friend or relation of Mrs. Atkinson visited her while
she was stopping in the house on Royal-terrace. Mr.
Baldwin and Mrs. Atkinson used to take their meals and
walk out together. I don't know where they went tu.
After Mr. Atkinson came home, Mr. Baldwin used to go
to sleep at his club. There was not accommodation for both
the gentlemen in the house. I said nothing to Mr. Aitk-
en about what I had seen, and I did not tell anybody until
last May, when I was examined by the attorney for Mr.
Atkinson. Mrs. Atkinson's children were staying with her.
The eldest child appeared about eleven years old. I never
observed that Mrs. Atkinson appeared to be in bad health.
Charlotte Philpott said—l lived at No. 16, Nelson-cres-
cent, Ramagate, at the time Mr. and Mrs. Atkinson, Mr.
Baldwin, and the children, were staying there.
I My bedroom was under that occupied by Mrs. Atkinson,
and Mr. Baldwin occupied one over it. Upon one occasion
I heard Mr. Baldwin say to Mrs. Atkinson that it would be
better for her to come to his bed-room than for him to come
to hers, as he made such a noise in opening the door, and
that it also made him cough, besides which, Charlotte slept
in the room underneath, and she would hear all that took
place. After this Mrs. Atkinson told me not to be alarmed
if I heard a noise in the night, as Mr. Baldwin frequently
went to the water-clout. I have seen Mrs. Atkinson sitting
on Mr. Baldwin's knee, and his arm was round her waist.
Another time I was taking up the tea, when Mrs. Atkinson
came out of her room with her hair hanging about her face,'
and she appeared very excited. Mr. Baldwin was in the
room at the time. On the occasion of the Oaks of Wel-
lington's funeral, Mrs. Atkinson went to town, and
when she returned she was crying, and she said she had
missed Mr. Baldwin at the station, and she was afraid
something had happened to him. She also said that if she
lost him she should lose the best friend she ever had. Mr.
Baldwin came home soon afterwards. Mr. Atkin-
son came down while Mr. Baldwin was thee, and
there was a quarrel. Mr. Baldwin went out and
Mrs. Atkinson sent me after him, and I found him on the
pier, and at her request I told him to come to we her, and
that she had told me to say she should not be happy till she
had seen him. After this Mr. and Mrs. Atkinson appeared
to be reconciled to each other.

Cross-examined—Mr. Atkinson was quite aware that Mr.
Baldwin was staying in the house with his wife. Mr.
Baldwin and Mrs. Atkinson never "minced," but used to
talk quite loud, and I could hear every word they said. I
did not put my ear to the keyhole. It was not at all neces-
sary that I should do so, as I could hear everything with-
out. He slept in the house with Mr. Atkinson's know-
ledge for several days. The quarrel took place on tho Wed-
nesday, and Mr. Atkinson inquired of me if I knew of any-
thing improper between Mrs. Atkinson and Mr. Baldwin,
and I said I did not. My reason for telling this falseheod
was that I knew Mr. Baldwin was going away, and I did
not like to say anything against M. Atkinson. I said no-
thing when Mr. Baldwin came bask. I told the truth to
the attorney, because I knew I should ho put on my oath.
At the unmet the quarrel Mn. Atkinson said that her hus-
band had been endeavouring to take her character away,
end she wanted to pack up her things and go home to ber
father. When she said din, I did not tell her what I had
heard take place between her and Mr. Baldwin.
Re.esanuned—l never saw anything improper take
place between Mr. Baldwin and Mrs. Atkinson after the
quarreL Mr. Atkinson appeared to be satisfied that no-
thing wrong bad taken place.
By Mr. &Ilantine—After all this had happened Mr.
Baldwin and Mrs. Atkinson went up to London together.
Susan Perry—l lived as ammo act Nelson-crescent while
Mr. Baldwin and Mra. Atkinson lived there. One evening
Mr. Baldwin came in about live o'clock, and Mrs. Atkinson
said to him, "My dear, how late you are. Have you hart
your dinner ?" After this Mrs. Atkinson told me not to
be alarmed if I heard any one walking about in the night,
as Mr. Baldwin was in the habit of getting up at night to
go to the water-closet. I frequently observed while Mr.
Atkinson was away the appearance of two persons having
slept in the bed of Mrs. Atkinson, and that Mr. Bald.
win's bed had not been slept in. Several mornings when
was engaged in sweeping out the drawing.risorn Mr.
Baldwin has come in with nothing bat his dressing-
own on, and when I went out I saw that Mrs. Atkinson's
-door was ajar. I have also seen Mr. Baldwin lying
upon the esti, and Mn. Atkinson was sitting by him with
her dress tuned up. I also once saw Mr. Baldwin kiss Mrs.
Atkinson just before she was going to bed. I mentioned
all these things to the other servants.
Cross.esamtsed—Mr.BaMwin had his breakfast at home,
and be was generally at his dab the greater part of the day.
In the evening, he and Mr.. Atkinson used to walk eat
together, and they seemed very familiar together. I have
never seen Mr. Baldwin kiss Mrs. Atkinson when her pus.
band was present. Nobody made any inquiries of me as to
what I had seen until last March.
_ _

Mr. Chambers, however, objected to any letters written
by the plaintiff's win being put in as evidence, and he con-
tended that such letters were inadmissible.

The Chief Baron said that it the objection was pressed he
must decide that the lettere were not legal evidesee.
Berjeant Sbee said he regretted he was not alloyed by the
rules of evidence to let the unhappy lady, by Ler letters,
tell her own tale of the treatment she had experienced at
the hands of her husband. He wished the jury to know
the whole truth, but he had no doubt that the °Bret evidence
be should lay before the jury would amply show what had
been the nature of the conduct and the proceedings of the
plaintiff. He then proceeded to argue that the evidence
that had been adduced was totally insufficient to make out
a cue of guilt, and in commenting upon the testimony that
hod been given, be said that not ono of the witnesses ap-
peered to have said a word with regard to the circum-
stances which they represented they had witnessed until
long afterwards, and be said that a man who was capable
of acting as the plaintiff was proved to have dine in this
transaction might he well supposed not to be very serupn-
loos in getting up a case likely to further his own views
and what he conaidered to be his interest The learned''
rerjeant then referred to the letter of the defendant of
the 24th of April, and said it had been truly ob-
served by a late learned judge that an old fool
was the worst of fools, and he said that the probability was
that the defendant, by being forced into the society of a
beautiful young woman for so berg a time, might have been
tt warmed up" to entertain a sort of affection for her which
induced him to write sea a letter u this ; but he sub-
mitted that it was by no mesas a positive proof of guik,
and that, taking into consideration that a conclusion ad-
Terre to the defendant would involve the unhappy wife of
the plaintiff in the same ruin, they ought to pulse before
they came to a decision which would have that effect, aid
that they ought not so to decide bat upon the most positive
and conclusive testimony.
At seven o'clock the further proceedings is the cause were
postponed.

lie-ezensicefi-6Xthe aigitiWhen Mr. Atkinson slept ,
with his wife." I did not see Mr. Baldwin so early the fel- MIDLAND CIRCUIT.—WARWICH, AUGUST el lowing morning.
Dr. fleeting seid—l am aph and I was consulted gue Paws Poem—Moue Me. Icons Mayas ass • erecom
with regard to the health of Mrs. ysisien
Atkinson, and it was by Jon.
:7 advice she went to the seasside, I considered the CONSTANT DERMA DB MOZOD• a. 07.011011 D•WICN,
ull if Peterborough very detrimental to her, end lIENKT WILTON TTIeDALL, RICHARD riTfON and AR-
ON sh• could not recover while she remained there. THIJkI. RYLAND.
By fierjeaat Shett—The ease was an obstinate one, but This action was tried at the last summer &mists for the
not dangerous. There was a general derangement of the Warwick division, and ended in a nonsuit. The plaintiff
system. subsequently obtained a rule for a new trial, under wheb
By Mr. Chambers—Her disease was not of a character to the cause has now come down a second time. The io
Weeny imputation upon her hnsbsad. mutts were laid at 6,0001., and the defendants pleaded lot
Mr. Robert Clark—l was clerk to the plaintiff et hie guilty.
lsry. At the latter end of April last the plaintiff left Mr. Serjeent Miller made an elaborate statement of the
Pnliebseeeel le go to Tentless, sad by hie direction I de- facts of the case. They have been already before the
Mimi a• Wow now Prodnoode which I mat to the public, and it will not be necessary to follow them out fully
*half again. •
Mr. J. W. Smith, a clerk is the banking-house of Sir Constant Deers de Morode, the plaintiff, is the son of a
Claude Scott and Co., when Mr. Baldwin kept an account, gentleman at Pesth, who enjoys the rank of hereditary
proved that the letter produced was in the handwriting of equerry to the Emperor of Austria. He was educated
the defendant. It was dated Suallay evening, and bore in the Military Academy of Vienna, end served for ten
the post mark. April 24. years in the Austrian army. He cams to England in the
"My dearly beloved Angel—l know that whet I have year of the Great Exhibition, and formed the sequaintaseir
decided upon will annoy you, and cease many exclamations of the lady styled the Barone,' Von Beck, the authoress of
of • Ah, be is cool—he does not love me any longer—be has the work styled " Personal Adventum of a Lady duriag
got some one else,' but I shall only say, what is the fact, the late War of Independence in Hungary." She was
that there is not any ground for sack ideas or such suspicions, about bringing out another work, and et her earnest eallogielo
fur I love you dearer then ever, but I shall not jump out of he accompanied her to Birmingham for the purpose del.
the frying pan into the fire, which it would be to go down mining subscriptions and carrying out her object. He
to P. Yon may be sure he has left his spies and scouts was to derive no profit from his association with her,
about the station. If it depended on naval( alone, there is and during the whole time of his stay in England he
no sacrifice I would not make, bet es I have fee queutly hao been famished with mean by his father, "gamy
told you, end that from the first, that I will not do anything transmitted to him through a London bank. A Binning-
,
(not even to laws aly life) to compromisemy Poor ham Mr. Hill, the secretary ,to the Hungarian Society, is-'
sick wife and two darling girls. You most ow mad to traduced him to the defendant Dawson. Some few days
think of my going down to Peterborough. I send a sort- after, the baroness, then labouring under severe illness, was
reign to pay your passer up. I have not a Si. note by me, taken to the house of Mr. Tyndall, where she remained
and it is Sunday, and I cannot get one, but I will givuou from the 12th of August, 1851, to the time of the arrest, on
sport when we meet. Be up by the half-pest 4 o'clock the evening of the 29th. During her stay she was most
train tomorrow, and I will be at the station to meet you. kindly treated by her hest sad hostess. At about half-put
There can be no dinette, es you can say you came UP to nine on that evening, while the plaintiff was at the piano,
meet Mrs. Collis. Even if it were not dangerous to go to Mr. Tyndall touched the plaintiff on the shoulder, and told
P—, I could not manage, for the delay of going there him that some one wanted to speak to him outside. On
last week has thrown my business in armee, and leaving the room two police officers took hint into custody,
whilst (the master's eye is away I find that nothing and conveyed him to the lock up, where he remained all
is done. I have secretly slept since we met, as eight. The baron= was arrested at the same time and
with ell my desire to go to bed early, business has taken to the same place, but died on the seat morning.
kept me up till one or two in the morning, end I The plaintiff was taken before the justices next morning;
have an immensity to do before Wednesday, when my Case but Mr. Toulmin Smith, who appealed to conduct the case,
comes on. This must not be neglected. Do not worry addressed the magistrates oa the cote, but declined to press
yourself, hut come up cool if you love me es dearly and it against the plaintiff. The defendants Dawson, Tyndall,
tenderly as I do you. Ido not call it love to compromise and Ryland, and the witness Hajnik, were, however,
yourself sod me, es well es my family. I call that mad examined. The plaintiff was liberated.
nem. You see I can reason es coolly as possible and yet At the former trial the wrong witness was subpeeneed
adore you, but it is that adoration that makes me. Good to produce the warrant. It was now, however, produce d,
bye, Gud bless and preserve you, with millions of kisses. and appeared to be a warrant for the apprehension of the
(Signed) " C." plaintiff and " Wilhelmina Von Beck," on a charge of ob-
Mr. C. Smith—On the 25th April 1 was station-master et Mining 11. 4s. by false pretences, from George Dawson.
Peterborough, and on the afternoon of that day M. Atkin- Mr. Richard Allen Stephens, the witness who produced it,
son came to the envies and took a ticket for London. She is the head of the Birmingham police, and he said,—The
returned to Peterborough on the following day. warrant I received on the owning of the arrest. I went to
Mr Keen, solicitor in London, deposed that Mr. Bald- Mr. Ryland's house, and saw Mr. Hajoik. He and I end
win was at one time member for TUllletl, end was a gen- Sandy went to the lawn; the curtain of the drawing•room
tleman of position end station in the world. was pulled aside ; Mr. Peyton led the lady out of the draw
Mr. Boyett, a solicitor at Totness, deposed that in April ing.room, and I took her into custody. It had been pretti-
es( the present year Mr. Atkinson was in that town on Mr. =sly ged that the curtain should be withdrawn.
Baldwin's behalf, in reference to the election petition that Lieutenant Gorski and Deputy Commissioner Kasisnyi
was at that time going on against the return of Mr. Mills. stated that the Baronets had been employed in various polls
This cloud the cue for the plaintiff. ticsl missions in Hungary during the war, and had enjoyed
Mr. Berjeant She. addressed the jury on behalf of the the title she adopted here, and corresponding consideration
defendant. lie said that during a now somewhat length- is society.
coed experience et the bee, he had never listened The depositions made by the defendants before the ju-
te or been concerned in a CAW of this deserip- time were read.
titan, which had excited greeter feelings of shame At the close of the plaintiff's case, Mr. Macaulay sub-
tend son= M his mind then the present one. They misted that there was no evidence that the defendants had
bad hewed a greet deal said about the plaintiff and the acted other wise than so witnesses before the magistrates.
defendeat, sod it appeared to be forgotten that there was The learned judge reserved leave for the defendants to
another person whose dearest laments were at stake in move for a nonsuit on that point.
this iiminr7. aanaely, the unhappy young lady the wife of Mr. Macaulay then addressed the jury for the defendants.
the pra-iWaff, to whom the issue involved in the in. It was undoubted that they had, so long as they had reason
vary wee eon of the most painful character. To his client, to believe . her worthy of such feelings, treated her with
aMa bordering on the age of seventy, married, and with 'sympathy and respect. Their conduct towards her had
a grown-cep family, and who had hitherto enjoyed se f been 'narked by the greatest kindness, end in alarming her
=monied repetition, he need not soy the issue was as they bad done, they had only performedperformed• painful dm/
slum' equally Palatal: sad he most say that in all his They had acted upon information obtained from Mr. 'l';
experience he bad never known an attempt to he made Smith end Mr. Ihmik, end if not perhaps with perfect
to establish guilt of this description upon each judgment, yet, it could not be doubted, is perfectrd
evidence as had Mien Woad that day. The do faith. They had placed themselves aufnely as the hail et /admit amid sot bat MI that having sash a the atagimato.
1