The Express.
London, England, 1860-12-10 00:00:00

Mary Penny, the plaintiff, said—My father is a labourer.
The riideedant is • surgeon at Starr, and on the 10th of
March I entered the defendant's 011.7109 as cook. The
family created of Dr. and Mrs. Clerk' and Mae Mann,
who is Mrs. Clarke's sister. The only other servants
were • nurse sad page boy. Oa the 29th of
March I left the house at Ave minutia par seven.
I west out to go to • regirryaillos is Staines
for servants, kept by Ilya Nark. I left weed that I
wanted • sheathes. and after I got bore a merge was
rot to me by Mrs. Norris to Mil ma of • situation. This
was at ball-past 101 n the merdeg. Atheist immediately
afterward' Mrs. Clarke inked rewind the ball was rung for,
and I said it was • memego far me; and at first I declined
to tell her what the merge us% bet afterwards I told her
I bad bees trying for soother skeeter Some words
mooed, and after a time Mrs. Cheri tare sod retried me
with stealing • purse. I said I kart, mean of it, and
she rid, " I don't know where it is V yes have sot got it."
Ultimately Mrs. Clarke, Miss Mans_ , sad toyer/ went into
my bedroom, and then Mrs. Glares turned round and
locked the door. The lint thing 1 took oat of my box was
my bonnet, and Mn. Clarke sir " I ass what you are by
the look of your clothes ; you as. no good to any one.
1 had gored things as well se bed ors, and she asked me
bow 1 had got them. I said, "Sere I bad bought, and some
bad lova given to me by my fewer seietrose,Mrs. Whitford."
At the bottom of or of my kers there was • prosy-
worth of tandoori, and I said I hod it for swing pain sad
procuring sleep, ad that I principally red it for the tooth-
ache. There was also some sal volatile. Mrs. Clarke said they
were strange things for a servant to bar, sad she also said
that I roust have stolen some of the Irma At the end of
the search 1 said, You have sot found anything which
belong. to yoo," ad she said, " No." After some more
words I said that I had been worried by Mrs. Clarke, and
especially so by Miss Vann, who thereupon " rum; " her
Ors iu niy face and said, " Do you my I have worried
you'" Mrs. Clarke insisted on my taking the clothes off
the bed, Lot afterwards, on my removing the bed to see
if there was anything hidden there. Nothing
was found, and the door was then unlocked, and we all
went out of the room. We went into the nursery, and Mrs.
Clarke mid it Ness very strange how the child's savings
lbsok hail been broken open, and I said I knew nothing of
it. They said other words, which hurt my feelings very
much, and I said I would fetch • policeman. I ran down
stairs, and Miss Mann ran after me and caught hold of me
at the street door, arid drew me backwards. Mrs. Clarke
mime' laid hold of me, and ill the struale Miss Mann fell
doen. Mrs. (larks said, " You are killing my sister." I
said, "She look. as though she had tainted." The comb
in the back sort of my hair was broke'. in four pieces.
Mrs. Clarke sent the nursemaid for somebody, saying 1 re
en-ed. Two men came, toil Mrs. Clarke take( then to take
hold of me and keep me down, because I new erred.
Before the mem came I struggled very much to get away.
Mrs. Clarke said I had better ray still, hod that if I did
sot oho would strike me with the surgery Are-irons,
if she killed mss. The men held me down on the bottom
of the stairs until two policemen came. Mrs. Clarke told
the policemen 1 war crazed. The policemen said I should
sot be hurt in their ',rescuer. I went into the kitehen, and
reernised there with the policemen until Dr. Clarke came.
kle said I was crazed, and I said I was not. He wed, " I
can ergo • certificate to say you are erased, and I will do it."
Dr. narks Mre. Clarke, and the policemen then went
ride and talked, but all I heard was that the policeman
rid it was a serious thing. Dr. Clarke afterwaola went
est, sad wee absent half so hey or ea hour. I wan left in
Charge of the policemen. Dr. Clarke when be came back
irked where my mother and father resided, and I declined
to tell him. He naked me my father's name, sod at last I
rid " Jobs Penny.' I would sot tell him where my
father lived, but I told him rebury was the nearest
ratios, being a mil* from my father's house.
Dr. Clarke sail I nor go his... I said I should not, and
he thee mid I must go to the workhouse. 1 said I should
sot. 1 was ordered to get my clothes together, sad I west
up stairs to do so. Mies Yana came op stairs and said
" What a pity it is you should behave in such • manner."
1 was trembling with exhaustion, and Moe Mann, when she
saw ibis, said, Mary, you are false again." I was after-
wards takes in a cab to the oaks workhouse, not hoowing
where I was going. The pollee went with nee. I was put
in the hospital there, and workhouse things were put on
me. I remained there from the 29th of March to the 19th
of April, when Mr. Saunders, the master, took me to
the Waterloo.road Station, aid I west home aloe. I have
out bees able to get any employment since. The guardians
erfe me 505.. sod Mr. A.hhy, or of the guardians, gave me
Si. more. I had not stolen the penis or the child's money.
Croseexaminetl - I left the service of Mrs. Whitford, my
former mistress, in July, 1519, is cossoluencei of having
bed a child by my neater, who was •• clergyman of which
ern amorists I believe he has now really repeated. I
said that this preyed on my mid so that I could not sleep
My child was born in )(toter, 1850, mad my mother takes
care of it. 1 was very glad when Mrs. Clarke woo for the
men, for if they hail not come I am certain I should riot
bevy lived long.
Re-examized—The polka our about 12 to Dr. Clarke's,
eel remained with me until Mat night.
Mrs. Whitford- Mary Penny was in my service rather
doom than • year. she showed so err of inanity.
Crose-examined—She had several epileptic tits whilst she
was with me.

John Laver, a Imill...constable, said- - I went to Dr. Clarke's
about ten minutes past owe on the29th March. Mare Penny
was standing between two men in the employ of Mr.
Rogers, a plumber. When I went in she knelt Joan, and
said, "Thank i bah there has somebody come to protect
me, for I have been badly used." She hid a scratch on her
arm, and she cutnplainiiil of her shoulders being sore in
consequence of her having been held down on the stairs. She
could not get Mr hands op to bee hair which was down,
and her comb was broken into several pieces. Al;
soon as the plaintiff got luta, the kitchen she sung a verse,
part of which was that she wan innocent of the accusation,
and " lay not the sin to her charge." Mrs. Clarke said
some of the things which the plaintiff had were too good
for a servant. The plaintiff said her former mistress had
gieeu her them, and Mrs. Clarke said, " Then she must he
• generous mistress." The plaintiff after she had sung the
'ere sat deco, and talked to me as you and I may do
now. (Laughter.)
Mr. Hawkins— Well, we are friendly enough.
Witness—But I mean sensible. (Laughter.) When Dr.
Clarke came in he said that plaintiff was a crazy person,
and he did not know what to do with her. Dr. Clarke
called nie into the back kitchen and told rue about her bay.
lags child by a former master. He told me he believed the
plaintiff was crazy, as people could go craay and off again in
an /I‘,.r. (laughter.) I suggested that t'larke should
go to Inc sergeant. 1 remained with the plaintiff about
four hiMrs.

l'usss.eisniii...l -I saw no unkinilneu towsrda the plain.
tiff on the part • f Mrs. 4 shake or isa Mann. When I went in.
Mum slis.on .howal roe her lariat, which she said was from a
bite, but I don't see how a human being could bite all round
the wrist, and tin. mark was all round. (Laughter.) I
on it a.. from a MIU/AZP. MMA Mann's sleeve AMU torn.
Ke-exantined I raw nothing to show that the plaintiff
ruiluire.l restraint.

Hatter, a polies sergeant, mid--llr. Clarke name to nas
ab.-ut four o'eiock. Ile said, " I have a very unpleasant
famine** at my house. My cook is insane." He said she
had been very violent, and pniying. I went to the house sad
spoke to the girl, who said that bey mistress and Miss Maas
had been ildtresting her. That they had accused her of
heuir 'ovine and of !Waling some things. She said. "I am
inncent, ail I hope (kid will protect me." I seal, "We
will protect you from may violence," and asked if she bad
any objection to the police remaining with her. She said
she hoped the police would mama whilst she was there.
I saw ma the least necessity for restraint.
CRAM AliA2l3lll,od - When br. Clerks asked for my advice.
I roferred him to the overseer.

the ;;;Aer of the *Mom Coke.
Between four and Ave ro the Nth of March Dr. Clarke
ran and told me one of his servants wad Males. and asked
me what be was to do. 1 said that that was not a ituratirm
fur inc. tint if he produced • proper eider I wouhi admit
her The plaintiff was afterward. licieight to me melee an
or 1-r (pen the °Veneer of Maine*. Mr. bv%ter. I told the
pwatie that Da. Clarke bad ..et lwr thee*. irifene, and
Abe mid it wee a very wicked Wag. and She teig.U3 to fey,
:We said she was not a Inuatie, and wad.! I a!Iow her tugs.
1 mid not till the medical man Led given a • rrt.n it. that
she wee AM.. I avVe not the rass.n Lv dunking
tb.t she WWI I clecne, •ent I the remark at th- taint.
Mate we. treeteol it th• Umbel as though she was • lunxtie
wecs the tiakto drew Ye. Curia. the pariah swims,

Miss Maria Mann gave similar evidence, and added—
When I was downstairs with the plaintiff, I told her to go
on with her work, but she mid she would go out and have
us put in the papers.
Mr. James—ldare say you will all pt in theta. (Laughter.)
Witness--I followed and expostulated with her, whim
she turned round and seised hold of me sod held me until
my sister came down. I never laid a finger on her. She
bit me on my band, and the'ruarks are still there. She
tore my sleeve off. I had given her no offence ; on the
contrary, I had bees very kind to her. I always had the
impression that she was "funny," and on the occasion in
negation I thought she was immune. She broke her comb
by knocking bar head back.
Sarah Salt, the nursemaid, gave similar evidence.
James Mayne, one of the men who was called in, said—
When I laid 'mid of the plaintiff I asked her what was the
matter, but she gave no answer. She was talking incohe-
rently, and she tried to bite my bands. I sent for my
mate, who also laid hold of her. She asked to loom her
bands to put up her hair, which she said was hanging about
her face ; but the fact was that her hair was not down.
She was praying in such a manner that we could not under-
stand it.

Dr. Clarke, the defendant—l had noticed that on one
oreasica the plaintiff addressed me abruptly, and maid she
had beard me speaking to Mrs. Clarke. She believed it was
about her. and that we thought she was not a prudent wo-
man. A day after she addressed me again upon the matter.
We had not len talking about her at all. When I
returned home on the Slith of March I was told of
what had cesenvilied I dm bid the plaintiff she could not
stay is my beer, awl thei her better way was to go horn.
to her pareeea fIM nig, "I shall Dot." I *eked her
pares& address, end she raid ohs would not give it me. I
applied to the sergenat et poles, and he said he must with-
draw his we" mad I seed ielse steps in reference to my
servant. I we ssrievely alarmed for the safety of my
family, end I lured that the plaintiff might do here& a
mischief sod the odium .night be cast on me. I went to
Mr. Qwtle, the perish sergers but both be and his we
were est feu bah*. I thee went to Mr. Dailey the
overseer, sad asked him whet I wee to do. He said he
re all 7 could mot tell, but be would consult Mr. Horne, the
solicitor to the union. After he bad seen Mr. Horne' he
said kis advice to me was to proceed to the union and ea
Mr. Ilaueders if he bad room for her. I went to the union,
and afterwards to Mr. Dexter, who gave me the order. The
nett day I inquired of Mr. Curtis how the plaintiff was.
Cross-examined--When I saw the plaintiff on the 29th,
she was talking incessantly in an incoherent manner, but I
saw no violence.

The Lord Chief Justice directed the jury that the de-
fendant would hare had no right to ambles the pWatiß
upon the mere ground of lunacy ; and that it wail aessamry,
in order to ustify his act, to show that the plaintiff was •
lunatic, and that it was dangerous for his to be left at
laWie jury, after considering the matter for a few minutes,
said :—" We nod for the plaintiff, bat with this remark,
that Dr. Clarke acted perfectly bona fide ; and that upon
the result of the evidence thee was sufficient to justify
the course be pursued. Therefore, we lay the damaged
at 10l."