The Express.
London, England, 1851-12-08 00:00:00

COURT OF QUEEN'S BENCII.--SATURDAT.

_
farmer sr goo hula A. Wiumnsarraa.—Busman LossCAurimu.
Amp 11raoN
TWIN MAW LAW or ?Allot:NAL ACT.—IMPOYATANT Domes.
Lord Campball wished it to b understood that he should
lay down a rule, to which be intended most rigidly to ad-
ben•, Oust every plaintiff or defendant who was to be called
as ago ,t s+ mug Ire nut of the court from the commence-
.

lama ut tilt (AV until be wits put into the hoz, and that as
noon al hv had lit en examined he Irma again leave the
roart. Thi, rule ostaxt be umicrstuud, and strictly acted
upon hrre;ller.
ContANNII/4

...... _
This Iva. an wine to recover damages for an assault,
which it ea, alleged the defendant had eommitted on the
plaintiff. hy which her knee was so much injured that she
was unalde to follow any profession.
Mr. S-rjearit Chadwick Janet and Mr. Woollen ap-
peared for the plaintiff; and Mr. liumfrey, Q.C., and Mr.
Wilke for the defendant.
The CAM', which was of an extmordinary character, ex-
cited great interest, and will be ben understood by the
evidence, which we give in detail.
Frances Ann Coneannon said she was 25 years of age,
that she had formerly carried on the business of an em-
liroideress and in 1817 she was living with her mother in
Stamford-street, and in the month of April of that year
she hail aceempanii•d some female friends to the Covent.
troller' Italian Opera. As they were returning home the
defendant met them in Wellington-street, and spoke to
Ler. She separated from her party. The defendant saw
her to her door, and asked her to appoint to meet him ano-
ther evening, and she refused to do so She allerwards
stet him act silentally, and he said he had watched her for
Iva days. He then saw her home. She told him she
dared not meet him, as there was a gentleman paying her
attention Ile asked her if she was to be married to the
other gentleman, and she said yes. Ile asked her to allow
him to plow' for himself, fur he was a gentleman of pro-
perty, awl on the death of his father he would make her his
wife, and would pay her every attention to that time, and
begged he" to accept Ins attentions. She said she could not
love him an answer. They made another appointment.
He gave her his name and address. They met from time to
time afterwards, generally in a cats lie appointed the
meetings He said that unless she left her own home he
was tearful she would deceive him, and many 50111 C one
else. He said the had better take lodgings not at Stepney.
She took them, and went there, and staid there several
months. Ile paid for her board and lodging. and visited
her almost daily. No improper intimacy took place be-
tween them. On the Bth of December, 1818, in consequence
of a letter she received from him, she met him at Stangate-
street. They walked • little way, and then a Mr. Gold-
smith came up, and the defendant said he should only
speak in his IaVIVI/Ce, as he was his agent in the affair.
Itoldsinith offered her fur the defendant 101., and Ids. a-week

lee four months. Elbe was still leaning upon the defendant,
when tialsmith said, " wrench her arm off;" upon which
the defendant twisted her thumb and two fingers,
and lie pushed her, and she fell off the pave-
ment against the kerb. She was much hurt. The
defendant lifted her up and she became insensible. When she
recovered, she found herself in the shop of a surgeon.
She was taken home, and was seriously ill for four months.
Her knee was dreadfully injured, and she was not able to
her beds She used a crutch fur four months. She
had been under the care of three surgeon., and her knee
and her fingers had not
.yet recovered. She bad not been
able to carry on any business since. She now lived in Wal-
cotylace
Cromeaarnined—She had gone to the opera with • Mrs.
O'Keefe. She went there to see the lady who had employed
her. She was not • dresser at the Italian Theatre, but had
been a dresser at the Italian Opera in the Ilaymmket.
Abdul a month after she had seen the defendant, she be-
came a dresser at Coveut-garden. That was the first sea-
son she ha t been a dresser there. Was not a dresser there
when she first met Mr. Good. She received two shillings a
night as dresser. Was at that time living at 8, Church.
terrace, Stamford-street, Waterloo-road. Mrs. O'Keefe
was with her when she met Good. 'fbey parted in Wel-
lington-street. She had not told Good that she wee one
of the dancer'. Ile was aware that she had en
engagement at the theatre, but he did not know what it
was. He did not inquire what it was, although he promised
to marry her. Ile had frequently pressed to know what
the engagement was. but she refused to tell him. She had
lived with bee mother eight months after she had known I
Good. She went to live at Stepney in October, 1847, where
flood used to visit hes. They went by the name of Mr. and
Mrs. King. He slept in the parlour on the sofa, and she
sleM in the bask roam.
Sarah Graham Mid the plaintiff had lodged with her in
the latter end MlB4B. She had followed the plaintiff at the
request of Mr. O'Denoghue, to Stanstate-street, and had seen
her meet the defendant and Goldsmith. She saw the plain-
tiff fall, and then Ism her carried into the shop. Heard
Mr. fieldensith say. Oh, wrench her arm off.- Afterwards
saw her knee, what was very bad
Mr Ilminley stated that the plaintiff wee brought into
his shop in • state of insensibility he remained with her
till bhe recovered. She made no complaint of my injury
having been inflicted. She said nothing. but groaned. lie
had seen bre about the mart elm appeared very lame.
The defendant treated her with gnat kindness.
Maria O'Donogbue stated that she was the wife of •
sculptor. Had known the plaintiff fur Id years. in De-
cember. ISIS, she came to her home, and as she appeared
to be in very had spirits, and was crying. she asked Mrs.
Graham to follow her. She came to her house again the
sett day, and then the found her knee was very bad.
She applied twelve leeches. She remained in her house,
and kept in bed for four month.. A medical man was
called in about three months after the injury.
Dr. o•Doneghue and Mr. Adams had attended the plain-
tiff. Her knee was extremely weak, and she weal ne
be able to use it again as formerly. They could ea my dist
ft was the result of accident
Mr. Humfrey was addressing the jury when he was in.
Perupted by
lard Campbell, who asked the jury if they wished to
here eat of the ease ?
Ile said they should certainly wish this ease to
lb. Serjeiat C. Jones said he mast 'sperm his sem prise
act Ohs iaardmrenee of the leaned and sable lad. B. sieenhi
ini* degas that the IMO eisswidaseez;
Zmnialey then reatemmd hie that this
ass an sasmat M entset messy, in dr hell7tegt des de-
fendamt eathar pig say ea= Bat *ea allsee the
dr Is ear be
the public m delhadiat bad
1110141pna addle sf his fries" and wislatininsill
IP MEW Os Nam

The following evidenee was then adduced for the de-
fendant:
Good—l am the defertlane. I first met the plaintiff
coming out of Coveut-narden Theatre, in 1547. I spoke to
her. there were three or four other females with her. I
accompanied her to Waterton-brilee. I asked her what
she was. She said the was a dancer in the billet. I met
her again the next day coming out of the theatre. I Fre-
i quently saw her afterwards. I never accompanied her to
her own home. I took lodgings for her at Stepney. She
went to live at those lodgings. She made no objection to
go there. I never promised to marry hose. I saw bee fre-
quently after she went there. She has frequently appeared
to be in an excited state. She threatened to destroy her-
self. She has run and thrown the window up and tried to
jump out. Upon one occasion she locked herself in her
room, and I heard a fall in the next room. I forced the
door open, and I found her dress covered with blood. My
visits nt Stepney continued tiU September, 1819. I went to
Ireland in that month, where I remained five or six weeks.
I had continued; my visits up to that time. She has fed-
lowed me down the street in a very excited state because I
did not go there sufficiently often. She ran after me ;
ran away from her and got into a cab. On my return
fmm Ireland the plaintiff met me coming out of my owls
borne. She wanted me to give her money. I bad pm-
vieudy supplied her with money from time to time. I pro-
mised to meet her the next day by Astley 's Theatre. We
met. I was accompanied by Mr. Goldsmith. I was not
married at that time, but WO a widower. When we met
that dry I offered her, as she was so much reduced, ISs a
week until the Opera commenced. I requested her to sign
a paper that she would not annoy me for the future. She
refused to do so, and laid hold of my great coat, and said,
" Now you are here, I won't leave you ;" and after walk-
up and down some time, endeavouring to get into the
V. estrniaster-road, she nrctended to fall into hesterics.
We held her to prevent her falling. Seeing alloctor's
shop, we lifted her acres' into it. Goldsmith did not say,
" Wrench her arm off." It is not true that I pushed has,
or that Goldsmith suggested that I should injure her sr
touch her. We Melt her into Mr. Bromley's shop. all
did not complain of being hurt. I remained in the shop
shout 20 minute.. She Lad not then recovered her census.
Creme examined—l was worried when I first became art-
quainted with the plaintiff. I did nut propose to marry
her. I proposed to her to le use her Sonic. lam a student
fur the Isar at the Middle Temple, and have kept my terms.
My object in proposing she Pi oat hive her home was that
I had en idea that I should live with her. She did not re-
fare; but I saw she was a cunning and artful woman.
That's why it did not take place. I found she was trying
to get me into a promise of marriage. I gave her a wad-
ding ring at her request, that the landlady should twinidder
she was a married woman. We went under the name of
Mr. and Mrs. King.
Mr. Goldsmith —I know defendant. I formerly held •
eommi.sion in the basics re, hut am now a broken down man.
I accompanied the defendant to St:innate-street. We met
the plaintiff walking, and we all three walked together.
The defendant asked if she was prepared to sign s paper
not to annoy him. She replied she was ready to sign any-
thing. Good said he would bring a paper and WI. She
said she should not leave Lim. I had formerly offered
from Good to allow her IL a week and pay her lodging. She
said she should not leave Good unless the paper was signed.
I said, "My good girl, why annoy Mr. Good, when he
may be a friend to you." I did not pay, " Wrench her
hand off." lie tried to net her band from his pocket.
Good said, " Let's turn again," and I said, " We had better
call a policeman." I fancied she was going into a faint-
ing fit, and I caught her, and I said, " Lift her up," and
we carried her into the doctres shop. Nut the slightest
violence was used toward, her. I remined in the shop
till she recovered. I asked her how she was. She made no
complaint of any violence having been used towards her.
I have seen her since several times. I have seen her when
she bar not seen me. She was not walking lame. She
caught sight of me, and she immediately dropped sad
limped tremendously. I went round the church in the
Strand, and then she was walking as well as ever.:
Cross-examined—l have e.;loweci several occupations. I
have not been on the turf. I have left the Lancers thirty
years.
Salmon— I am the father-in-law of Mr. Bromley. I was
in the shop that day. After the plaintiff recovered she had
tea hrought into the shop to her. She made no complaint
adr any violence. I took her home in a cab.
Mrs. Baker—l am she deughter of Mrs. Mead, with
whom the plaintiff lodged. I remember her being brought
low in a cab. She made no complaint of being injured by
Fir. Good. She said she had fainted in the street, and hurt
her hand. She went away the neat day walling.
The learned counsel having addreseed the,iury in reply,
Lord Campbell summed up the case, stating that it was
entirely a question of fact fur the jury, but he would sug-
gest to them whether upon the evidence the probabilities
were nut in favour of the defendant.
The jury having retired fur some time, returned into
court, finding a verdict fur the plaintiff, with 1.301. damages.