The Express.
London, England, 1867-12-05 00:00:00

PAGE AND WIFE V. SCHANK.-MLANDER.

This was an action for slander, in which the defendant
pleaded not guilty. Mr. Serjeant Ballantine and Mr.
Hume Williams were counsel for the plaintiff ; Mr. Cole-
ridge, Q.C., and Mr. Powell, Q.C., appeared for the defen-
dant.

The plaintiff and his wife carry on the business of a
servants' registry, in Great Portland-street, and the defen-
dant is a lady of fortune, keeping her carriage and residing
in Wilton-place. The learned counsel, in opening the
plaintiffs' case, said Mr. Fagg was a gentleman by birth
and education. Some years sinoe he held a position on
the Great Eastern Railway, and subsequently to that he
acted as clerk and secretary to Sir Francis Goldsmid.
The plaintiff's wife is a lady also by birth and education,
and at one time possessed a considerable fortune, but
having lost a large sum of money. the plaintiff, with
the assistance of Sir F. Goldsmid, took the house in Great
Portland-street, and with his wife and three daughters
commenced the business of • servants' registry office. At
the time of the occurrence complained of the plaintiff was
making an income of about 6001. per annum, was
living very respectably, and highly esteemed. The defen-
dant, who was frequently in the habit of changing her
servants, was a subscriber to the plaintiff's office. Three
days before the day in question she called at the plaintiff's
establishment and asked him to do her a favour. It ap-
peared thatthe defendant was railer unfortunate with her
servant. ; she was frequently changing them, and she Lad
an idea that her neighbour was in the habit of interfering
with them. When she saw the plaintiff's daughter she
said to her, " I want you to do me the favour of going
disguised as a servant and call on my next door neighbour;
get into conversation with her, find out what she says
shout me, and report it to me." The daughter declined.
She then left, and a day or two after she called again, ac-
companied by her mother, Mrs. Campbell, and after some
conversation defendant,addreuing the plaintiff's daughters,
uttered the slander complained of. Mrs. Schenk said to
them, " It is all very well for you to sit here dressed so
fine ; it is all very well carrying on the kind of business
you are. I know well how you get your finery. You
get your finery in the streets at night. I have often
seen you getting your living in that way, and your mother
with you, and your father goes about as your bully. The
whole thing is • public scandal." The plaintiff claimed
special damages.
The plaintiff, Mr. Page, was called. He deposed that
when the defendant came to the establishment she made
some remarks about a cook, saying she was everything but
what she ought to be. My daughter Annie replied, " 'Why
it was only on Saturday you said elm was a treasure, and
the nicest woman you had had for some time." Defendant
replied, " You lying little chit, I never said anything of
the kind ; hold your tongue." My daughter said ' I
shall not." I said to her, " I shall not allow you to speak
to my daughter in that way." Upon which she called me a
vagabond, said I was living on my wife, and asked me why
I did not go out and get a respectable living. She then
uttered the slander complained of. Mrs. Campbell, her
znother,was with her, and said to her, "Gcorgy, Georg 7, you
should not say such things, for you do not know what use
these people will make of it." Defendant replied, "It is
the truth ; I have seen it myself."
Cross-examined—l was clerk and secretary to Sir Francis
Goldsmid, when he was at the Chancery bar. I never had
any difference with him. He paid my first six months'
I rent. I left him in 1859, when he left the bar. lam now
an accountant and commission agent. The registry is my
wife's business. Defendant was very cool until my
daughter reminded her that she bad said she had • trea-
sure of • cook. My wife threateded to throw • book at
the defendant when she uttered the slander, but not the
inkstand.

Mrs. Page corroborated the utterance of the slander.
Defendant said my daughters ought not to sit there
dressed in that way, picking servants' pockets. Mrs.
&bank called me • robber and a swindler. She was in •
very bad temper, and acted more like • lunatic than a
lady. I told the defendant that if she repeated the slan-
der I would throw the book at her. Defendant said it
was true, but I did not throw the book. She was in •
very bad temir.
Mr. Coleri e—Then when she *add to your daughter,
"You lying 'tile chit," Mrs. &hank went off like a
rocket!

Witness—Yea. (Laughter.) There was nothing to pro-
voke Mrs. Schenk beyond the allusion to the treasure of •
cook. Defendant said to my daughters, " Why don't you
go to service instead of being dressed in Garibaldi", like
young ladies?" I never said to Mrs. Schenk that I should
like to see all the Jews massacred, and the streets flowing
with their blood, in connection with Sir F. Goldsmid's
discharging my husband.
Annie Page, plaintiff's daughter said so many things
happened) that she did not know whet to say first.
(Laughter.) Witness gave similar evidence to her father
and mother.

All the witnesses were examined upon conversations
which gave a totally different complexion to the case, but
they denied them, and insisted that their version was the
right one. There were a ntunber of servants waiting in
the adjoining room.
Marian Page was also called in support of the plaintiff's
case. She said Mrs. Campbell was very mach excited.
"She hammered her two feet up and down like sledge
hammers."

An elderly woman yarned Turner, who said she was a
cook, described the disturbance. She, with others, heard
the altercation. Some of them had " a peep." (Laughter.)
She never heard a rougher lady's voice—(laughter)—than
Dirs. Schank's ;it was rougher than her's (witness').
(Laughter.) She felt indignant that sbe was to be sent to
Mrs. Sobank, and she had never been near the office since.
She corroborated the slander.

Mary Price, cook, was waiting in the ante-room. She
heard what paased, and occasionally she peeped into the
room. The lady told Mrs. Page that she kept a low set
of servants. That first attracted her attention, and she
listened attentively to what was afterwards said. The
other lady tried to pacify Mrs. Schenk, and said,
" Georgina. be quiet."
Mr. Hume Williams—Was Georgina quiet ?
Witness—No, Georgina was not quiet (Laughter.) She
should liked to have asked the lady what she meant by
raying they were a low set of servants. (Laughter.) She
should like to have given her a bit of her mind. (Laughter.)
Mrs. Page frequently said, " My good lady, be calm."
The case had not concluded when the court rose.