The Express.
London, England, 1860-06-14 00:00:00

THE WIPBESS,

The Judge turned to hii note. of Nn. Baineer's evidence,
and it exactly eoreeeponded with that of the *Anise.
Examination ematinued-1 have no ground whatever foe
suspecting any improper intimacy between Dr. Browne sad
my niece.
The Judge—l can ondentand wh you pot that question,
but I submit to you is it worth white to pursue this whoa it
in not in issue. _

Mi.MaCaJay—l submit that on the question of
this question is at the bottom of the matter, whderaC
Burroaghs is charged with adultery.
Mr. Baron Wilde—There is no evidence of adultery ee
the part of Mn. Burroughs.
The Jury—No, my lord. We entirely exonerate Mrs.
Burroughs. There was a great deal of intimacy between
her and Dr. Browne, but there is not the slightest proof of
adultery.

--Mr.iaciaulay—My lord, I am amply satisfied with what
you and the jury have said.
Mr. Baron Wade—There bee been evidence of a great
intimacy, but there is rte whatever el adultery.
The foreman—Mr. Mantalay, if you will now leave the
came in oar hands I deal think you will suffer.
Mr. Mseaulay—l am moth obliged to the gentlemanwho
I has made that observation, but I have a few remarks to
make on the questioa of damages. I should wish before I
do that, my lord, to all Dr. Browne, in order that be may
egooerate himself from the charges which have been ma&
against him in the coarse of this cause.
Mr. Baron Wilds—lt is gaits competent to you to do so,
and I Will Odd it is a •cry proper COMIC
Dr. Browne e I got a note from Mrs. Burroughs,
of the sth or nth of Deeember, telling me the children were
well. Beyond her complaints that Mr. Burroughs was tee
often in the nursery, and indeed that I was too, I had no
idea that Mm. Burroughs entertained any suspicion of Mr.
Burroughs's infidelity with Mrs. Baines. On the 4th of De-
cember,
when I armed, the little boy and Ellen met me
I at the station, and said, " I am glad you have come home,
palm has been so cruel to mamma." I went to the hare
and made no allusion to what the boy bad said. When
Mn. Burroughs wee going to bed she said, " I have bad
some little differences with Frederick." I sat up with him
and said, " Frederkk, what are these differences?" He
said. " not talk to me--my wtfe shall go ;my purpose is
intevemble. Her temper is such that I will not put up
with it an more." He did not impute anything. to
bee Beyond that. I said, ••You know you have peat
bee eaves for auger by going too often to the nursery. I told
him I bed waivd my right togs there lest it ought appear
I was vetting him ea example. We said no more. Mr. and
Mrs. Burroughs held DO conversation, except, perhaps, " I
will thank you for a slice of that beef." (Laughter.) Before
Mr. Fmk Burroughs, Miss Smith said, "Mr. Burroughs is
going to turn his wife out of the house. Site has no one bat
me to rely upon. Will you.sarist me in this matter r
mud h would. :the told me that Mr. Burroughs had been in
Mrs. Baines', room at night, and that she had been in his
dresaing•romn, anti that Mrs. Burroughs had seen
her husband coming down the stairs in his shirt.
Mrs. Burroughs was no party to this converse-
tine with Miss Smith. On the following morning I
mid that if Mr. Burroughs was determined to act
in a harsh manner, I would place my children with tin.
Burroughs if she, as her aunt, would take are of her
niece. 1 thought it would prevent the appearance of sazz.
thin indelicate if Mrs. Burroughs was under her amt's
protection. I felt bowed in honour to carry out this pro-
mise. and I have done too to the best of my ability. I sever
sail tliit Mrs. Heinen was the only virtuous woman in the
Lou,,.
Mr. Baron Wilde—l don't recollect that.
. .

Mr. Macaula —I am sorry I have made a mistake was
to Jeremiah Biown, Mn. Baines's brother.
Wittier—The day of the break op I said to Mrs. Baines,
"See what you have done," and she took Mrs. Burroughs's
hand and mid. " Forgive me, it is all Mr. Burroughs's fault."
1 said to Mr. Burroughs. " Frederick, I cannot see murder
committed—you are killing your wife." He said he would
kick me out of the house, and I afterwards left. I told
Mies smith at Mr. Holmes's she might still cirim my pro-
nii.e that I would pay Mr.. Burroughs 1151. a year for
the are of my children_ I did not ask questions and get
narratives from the servants. I called on Mr. Billings with
Miss Smith and Mrs. Burroughs.
Mr. Macaulay—What did you tell him''
Mr. James—l object to this.
Fsamination continued—l recommended a solicitor to
Mrs. Burroughs. I did not know what proceedings were
taken in the Divorce Court. I never got any information
fi•om Prior as to what be had seen. I heera it from Mr.
Webb, the solicitor. I wrote this letter which is the libel
to Mr. Britton. I wrote it because it was circulated in the
neighbourhood that I had eloped with Mrs. Burroughs,
and 1 wished as far as I could to contradict the statement&
made against myself. I wrote the letter as a private com-
munication. I think it probable that when Prior was in
Mr. Burroughs's service, I promised to PS him &Ahem- 1
had nothing to do with getting him a plate at Mr. obtuse.,
but I had at Mr. Devonport'a I never asked Prior ques-
time as to what he could prove.
Crossegarnined-1 met Mrs. Burroughs and her aunt at
the Pimlico station, because I hail received letter from
Miss Smith and Mr. Holmes. I said to many persons at
Horatian', that Mr. Burroughs bad intrigued with Mrs.
Baltic.. I will not deny or alarm that I scud that he bad
intrigued with her. 1 narrated the stories I had heard. I
had met Mr. Britton twice at the railway station at Brighton,
and dined.with him Wheat Mr. Burroughs's.
By the Court—l mid to Mrs. Baines's brother that it was
unfortunate Mr. Burroughs wee so smitten with her, bat I
could not believe all the Mertes about her. I cannot swear
that I did not say she was the most virtuous woman we
had about or that I did.

Mr. Jamee—Hays you sot read the petition which Mn.
Burroughs has presented to the Divorce Court!
Witness—l have uiver read it through.
Mr. James—Do you not know ahe charged her husband
of adultery with Mrs. &ince
Witness—l did.

A Juror—Was it at the time you were circulating these
reports that you saw Mr. Brown ?
Eitaess—tt was.

This clueed the case for the defence, and Mr. Macaulay
then addressed the jury on the question of damages.
Mr. James then replied on the whole case.
Mr. Baron Wilde then summed up. He said that this
was an action for libel, charging the plaintiff with having
committed adultery with Frederick George Burroughs, to
which the defendant hail pleaded not guilty, awl that the
libel was true. The first issue was Mitl.llfilia by putting 112
the letter ; and ay to the second, they had already ex-
pressed their opinion that the adultery was not proved; so
that both pleas meat be found against the defendant. The
only question, therefore, for their consideration was the
amount of damages. This was esetaialy a most extraordi-
nary and remarkable alas. It was likewise a very exciting
case, and the excitement bad not been diminished by the
speeches which hail Lus: been made by the learned conned
on both sides ; for alt the main matter in dispute wee
no longer in dispute, neither evangel had bees able to mill
down has temper to that which he trusted he and the jury
would show in reference to the only question in the
ca.e—the question of damages. One would have supposed
that the charge of adultery being withdrawn, the learned
counsel for the defendant would not have referred to cir-
ctinuitences bearing on it ; but at the same time the learned
counsel for the plaintiff had dealt with even 11101.1) exciting
topics. The question to be decided was not as to Mr. and
Mrs. Burroughs, or Mrs. Burroughs and Dr. Browne, or
whether Mr. Burroughs was a man inclined to intrigue, or
whether Mrs. Burroughs lied committed adultery. The
question which they had to decide was what the plaintiff
was entitled to recover. But in estimating this they must
hok to the circumstances of this unhappy family. In
looking at what the plaintiff had suffered, they must look
to the position which Dr. Browne had filled, in order to
ascertain the motives ender which ho was acting,
for he apprehended they would give very different
ilamages if they thought the defendant was act-
iud fide and without malice, than If be
hKtll 1. alicious munition, and had • collateral object in
view in niakiug a statement which he knew to be false.
The charge had been withdrawn by the learned counsel for
the plaudit!, auil that had been sanctioned by them, that
Mrs. Burrouglia had not committed ndultery with Dr.
Browne, but whet the learned counsel hail said was gaits
true, that though there was no evidence of a criminal cha-
racter it might well be that [Jr. Browne willingly or
beconie miaseseol of the affections of Mrs. Bur-
iougiis. ft might weld be that her affections had been
weaned, sail that he lad taken an active part m that, and
that the writing of this letter might be a part of that active
p.at. There were two views of the case—had this rupture
leen caused by Mrs. Burrougha's jealousy of Mrs.
Heiner. or hid the rupture been caused by Mr. Bur-
roughs 's
jealousy of I*. Browne. In his opinion the genera
asiect of the mee showed that the quarrel originated about
Dr. Browne. He must era it was • great pity that two
perema who could write each letters to each ...her as Mr.
awl Mrs. Burroughs should be separated. The very feet
that as one of the conditions of her return to her husband
was that 110 should shake hands with Dr. Browns. showed a
entain interest in him, and fortified the view taken of the
plaintiff's case. While he acquitted Mrs. Burroughs sad
Dr. Browne of all criminality, there were eircumstestes
which proved to him that these two polies had omtracted
an attachment. In estimating the damages they must take
into account the good character of the plaintiff, the wide
notoriety of the charge made agaiast her, the p.esibility
that dm had since been unable to obtain a situation,
the general injury of a charge such sa this, and
the motives of the defendant, but they should hot allow
their feeling., with regard to lir. BrOWlle'd
towards Mr. Burroughs's wife, to influence then', nor should
they give vindictive dasnegres, even if they believed that the
defimdaat had sedated ha affertkins. In conclusion, it
was only just to Dr. &weenie say that there was no trace
list Dr. Brown* had apdaleady applied himself to seduce
her al fect'ona.

1117011;;Trc tired for about a gnarter of an hour, and re-
tuned into court with a verdict for th• plaintiff —da-
=W.
• %ars Wen unread by Mr. Charles Lloyd, up.
d Haisbern. W that he in not the pera of
tbe same was alluded to Is He mune of this trial.)
&Way at 't Prim alter Term.—(Before the Lard Chid
Biros sad • Opeeial Jury.)
V. Lou. ii.r.••••111111 GALWAY PACKET LIWL

This was am adieu by the pibustiff, • member ofthe Irish
her. aisiast the defimdaist, • shipowner sad member for
Gelwsy, for ressimeraties for services rendered by him to
the p:aiatiff Is palm up • company for the purpose of °b-
ambini the teatime far arryleg the American mail by the
Galway has.
Mr. U. lieyneener we mama fur the plaintiff ; Mr. fier•
leant dime repamseeil Ye defendant.