The Express.
London, England, 1859-08-12 00:00:00

AWIZB INTELLIGENCB.

HOME CIRCUIT.—CsoYDoN, Ammer 10.
(Wore Mr. Justice Bleak/rum.)
lIMILIT O. /MILD.

- -
This was an action brought by the plaintiff to recover
deranges for the IMO of the services of hie daughter, by reason
of bee seduction by the delhadant.
Kr. Lush, Q.C., sad Kr. Doyle were for the plaintiff; end
lir. Hawkins, Q.C., Mr. Robinson, and Mr. Francis, were
for the defendant.

The plaintiff in this action was a wine and spirit gouger,
and the defendant is • tallow•chandler, and they both reside
in Lambeth. The plaintiffs daughter, it appeared, arse 36
years of sae, and the defendant is 50, and the two families
were on intimate terms, and wen in the habit of eleddageseh
other br several years, sad daring the lifetime of the de•
fendszit's wide be need frequently to joke with the young
lady, and say that if his wife were to die he would awry
her. TM wife of the defendant, it appeared, did the In
1866, and the intimacy continued, end about three
months after that event bad occurred Mu plaintiff's daughter
went to the dethadant's house to visit his daughters, end be
asked her is, and took her into a room when no one else was
present, and he soomeded, under &amass of inseriege, in
Pedoodai her, sad the result was the birth of a child la July,
1851. It append la the mune of the ease that the plaintiff
did sot Ins on very good Sena with has Way, and that his
daughter and bar mother bad lath Ik roof lid occupied •
mall house together, end the young May oblathed • livelihood
by making of millinery. The delenthat bed pad the es.
mane of her confinamat, sad bed elkned Itair in shillings
per week for the support of the child darn to the present
time, and it also appeared that smother maim ter breech of
promise of marriage had his. brought spirt Ida.
Mr. Elawknie, at the close of the seam ter the pidatth, fair
mined that no loss of ankle had been meth out satholma to
support the present sake.
Mr. Justice Blackness said be woe thollned to Arm with
the learned mused, and he should mine the poiat, kat
should not withdraw the else fens the jury.
The la sad mussel then addressed the jury for the de-
Madealt. sad be urged that the plaintiff bed made out no ow
to ask foe damage. and that under the alesseetio dam-
steams that had teen proved to exist la his family, it was
deer that he had net sustained any damage, and that the
proper doe for disposing of the qualm was what the action
Me brash of promise of menage 0111110 on to be tried, when
the young woman herself would be entitled to receive any
damages that might be wound.
Mr. Justice blakbura having summed up, the jury
retamed a verdict for the plaintiff—damages 404.

MIDLAND CIRCUIT.—WARWICK, AUGUST 10.
NISI Patin COVIT.—(IIOfOte Mr. Justice Erb.)

--.....
Mr. Nomaitif, •mil Mr Wills were for the plalatiff,
and Mr. hat. for the dollimdsat. The solicitor for the
former was Mr. J. H. Baker, and Mr. Britton for the latter.
The *take was brought by Mw Adams, who sued In the
mine of her father, against Mr. lames Nemo Smith for the
moray of 1001. TD, declaration stated that the defendant
had assaulted the plaintiff, and endwavound to kiss her. To
this the defendant pleaded not guilty.
Mr. Keathley, In opening the ease, said the present action
was brought by a young woman only 20 year' of age, against
the defendant, who weal • married man, and a member of the
legal profsesion—(laughtar)—in fact sa attorney residing at
Birmingham. The action we brought against him in the
name of the young Toms, and was for • very gross and
womanly awmalt, rendered more particularly so
by tie. circumstances sad the relation In which
the defendant stood to her at the tints. The young
lady was the daughter of Mr. Adams, an upholsterer. in
Baresingh•m. She was engaged to be married to • Mr.
Showell, • brother-in-law of the defendant. During the
intimacy of Mr. Showell, which wen discontinued by the
plaintiff s parents, he succeeded in seducing her. When her
oats was discovered, about dila time last year, she was in
groat distress of mind, both on account of that and also on
her father's renitence in hie refusal to sanction the
marriage. Mr. Showell, it seemed, at that time still dished
to marry her, but be use afterward* induced to change his
Mad. Whether this woo under the infloeace of Mr. Smith
sr not he (Mr. Macaulay) could not my, but judging front
what that would am of Mr. Smith's cesduet it wee mot at all
On the 3rd of August lest year, being In this
.recessed tiondition, and being also distresead ea to the intes-
tine of Mr. Showell, she was ail Aston Park with two or
three friends. Mr. Smith met them, shook hands with
them, end appeared to lay bitumen out for • conversa-
tion. (Laughter.) Het the plaintiff that he had tome
ishemsuois to give tioncerning Mr. Showell, and thus
ladaosd her to leave her friends. lie than conducted him-
self in • very disgraceful mazer. It was stopectsd that he,
knowing her fallen state. went for the purpose of causing
leer to commit some impropriety with him that might give
for the non fulfilment of Showell's contrect, because
(Ile. Macaulay) found in the teat of • very disgraceful
aMdavit the defendant had made, to the purpose of bringing
this aim to trial, that she was • light woman—a character
which then was no debt he (the defendant) was dogmas of
bringing about for her. The young lady rushed away from
him, came beck ro her friends, told them, and afterwards
told her mother. Her mother gave her the bad or good
advice to go and tanks the mater known to the defendant's
infe—(laughter)—and, by way of making things more com-
fortable at Mr. Smith's bolo°, she went. (Loud laughter.)
Mrs. Smith wail nit at home, and she saw Mrs. Showell,
Me.. Smith's mother, and to her, in the presence of the do-
gendaar, she told all the circurnatancos of the event of the
twevions *egging. Mr. Smith's revenge was to go down to
the shop of Mr. Adams, who very shortly kicked him out.
(Laragbier.) On this Mr. Smith brought an action for
ssemalt. He came to Mr. Adams's shop to state that the
plaintiff had aspersed his character to his mother-in-law, and
be then demanded to apology and 61, or said he should
Wog an action for slander. Mr. Adams, however, not con-
sideriag him worth eve pesos—(laughter)—turned him out.
bir. Smith then bought an action slander. After this
ridiculous conduct on the part of Mr. Smith, Mr. Adams
thombt it his duty to bring the present action. TM venue
wee brat laid in Middlesex, in order to have the CYO heard
as soon as possible. Nemo Smith made application to have
the venue changed to Warwick. Mr. Adams made an
affidavit that the man Siolth had been sold up,
and had notbieg with which to pay damages, aid
therefore he (Mr. Adams) wished to withdraw the
action. In return Mr. Smith made an aftidavit. In the lint
plume, with regard to hie circumstances, he said—" I am in
reatipt of an income derived from my profusion, and am
not without reasonable prospect, of being able th paTmtates
toots In this faction." He further said, " plaintiff
• bad character, sadhas so memo of her own wherewith to
prosecute this notice." This Fs very
aggravated the offence. He the jury woaldlltig=
damages ea would stimulate Mr. Smith's Wainer *Los,
sad that his raasowable pooped*" of paying the testa
would be realised. (Laughter.)
The following trimmers WTI, this called
Miss Min Adam., the toltintiff, said —I ma twenty year
at Me. The defendant, Mr. Smith, Is an attorney, practisiag
at Birmingham. Oo the 3rd of August lest, by pernuadoo
Llfather. I went to Anton Park with my shier and a
I got there between six aad seven o' clock. Saw the
defendant between eight and nthe. The defendant is the
brother-in-law of Mr. Showell, who was engaged to ma. I
shook heads with biro, and eked him how hie wife woo. He
▪ " Oh, grumbling, se meat woman do." (Laughter.) Hs
said he had somethbag to contimaieste to me, and arked ma to
walk with him. I did so, sad he proceeded to convene about
Mr. Showell. In • abort time I said, "I must return, teeny
deter will mire me" He said, "Mira. I must have a kiss
before you go," and then he mired hold of me. 1.7.1
"Yon
"Y oeaht to be ashamed of yourself; you ars • .
man." He said, " Wbo sem P What the eye does not sew,
the heart don not grieve for." (Laughter.) He held me
tight around the waist. I tried to resist, end be behaved
decently to me. He did sot succeed in Limier me. I got
away, end went to my meter. I went back with my sinter
sad Miss Charlton. I complained of Smith's conduct to
than, and also to my mother when I got home at 10 o'clock.
By my parents' desire, I went to me Mrs. Smith, the hr.
ilisidant's wife, at Mrs. Showell's. I did tot see Mre. Smith,
'hat I told Mr.. Showell what had happened GO the previous
' evening. Mrs. Showed requited roe to etay till she seat f
Mr. Smith, "for," said she, "he is such • liar, sobody will
believe him." (Leughter.) He
.cams, and, sitting on the
their-beck for • short time, said it was a his. I said if it
woe, it wee on his part. Mr.. Showell said the wished his
mate had ham broken rather than she had saws Ida again. I
mid I tbougM it was • planned job between him sad Mr.
Mows& He said it erne a lie, and added, "Oo along, you
weelek," to me. Mr. Smith afterwards thine to my father's
dap. He said If I did " ant write • letter and acknowledge
ley Ws, end give him 61. by to-morrow, he would"--
Masai allowing him to WA the sentence, my hither
ordered him off the premiere. Re did not go, sod Das, my
Sather got Mid of his shoulders and melted bin down the
een, saying, ahem yens vet/shoed yes tried
tor tido my daughter." He muted, and In
then turned

Crowessansed—l said say Maeda !inns working shout
the park from oil till sate. I do sot remember that we Inoke
to say MO hat Mr. &with. I am not a frequenter of the
park. It le two years state I wee at the Bolt., Pool. Woo
thirty rtpla from t bat dos. lair pastimes when I mat Smith.
, Mitt not walk with a Mr. Yorker. sod sm.. bad dune.
la rweaammatien the *huff yr seems= by emotion,

and the judge requested an tie%er to support her as she let
the winter-boa.
Phoebe Adams, the plaintiff 'it wr, was then called, end
oerroborated that portion of her dieWeewidence which referred
to events ocearrisg in her presence. In ereaus-examination
she said their object to gang to the was to uncertain if
Mr. Showell See iacceilest. (leee.)
Mies Charlton eamohoreted.
Mr. Benjamin Thomas Adams, the father of the plaintiff,
wea then Galled, and amid Umlaut he took in turning Mr.
Smith out of his shop.
This big the pluitireesee.
Mr. nue addeerei the jury fee the defence. He .aid his
client would be called to caarradiot the whole of the plaintiff's
statement. and It would thendure depend on the amount of
credence to be placed on his testintoay whether their verdict
was given for the pisintiff or defendant. The amount of
damages, 100 f., was ridiculous. It was not pretended that
the defeadaat menitnitted an aggravated assault, but that he
had simply attempted to kiss the 41aLeuff.
The following witarews were then called
James Nemo Smith, the defendant, sad—On the day in
quetket I wee peening through Aston Palk about eight
o'clock, on my way to a friend's hones, When I was neer
the dancing platform I saw the plaintiff and her two
friends. Shook hands with the plaintiff. The two friend.
moved off, and the plaintiff began to cry, laying, " Have you
seen Ted ?" meaning Mr. Showell. I said "No;' end she
replied, " If he does not do hit duty, my father will make
him." In the enures of the conversation we walked about
40 yards. She conversed on the tame subject. We than
returned, and she shook heads with me, and joined her
friends. The defendant then denied all that the plalatlff
said had taken place daring the interview, end also gave
quite a different version of his interview with Mr. Adam..
Edwin Showell ws• then mulled. He stated that he was
with the defendant when he went to Mr. Adams. This
witness, like the defendant, denied the substantial portion of
the evidence given by Mr. Adams.
In craw- eaaasinateon this witness admitted that he wrote
• letter to the plaintiff stating that having heard that Mr.
Smith had aspersed her character, he would come forward to
defend hr; that he had refund to give evidence for her cm
the trial unless his expenses were paid first; and that be had
tendered his evidence for the defendant without previously
demanding his expenses.
The learned Judge, in summing up, remarked that if the
plaintiff's cam were true, the defendant bad considerably ag-
gravated the Ofiello6 by the injurious affidavit which he had
made. The father, with a commendable delicacy, had de-
sired to withdraw the action in order that the painful cir-
cumstances might not be disclosed to the public, but he had
been forced by the defendant to proceed, and not only eo,
but an affidavit containing grave charges against the cha-
racter of his daughter wan given in by the defendant. He
put it to the jury to decide whether the plaintiff', or the de-
fendant's version of the affair was the true one, and observed
that one would scarcely believe it eredible—if, se the de-
' fondant *lleac', elte was, while talking with him, distressed
only at the conduct of Showell—that the plaintiff, while walk-
Log iron, the de&ndant to her companions, a dinettes of only
15 yards, could have fabricated so wicked a story; and it
seemed the mom difficult when there wee no motive assigned
for bat doing ea.
The
*La jury, after
in&
damag a short coneultat ion, gave a verdict for the
i, withes.

OXFORD CIRCUIT.--OLOOCILSTER, AUGUST 10.
NISI PRIV, COCAT.-011110111. Mr. Jaatios Willem aiml $

*gismos jury.)
CONSTANT V. WILANZIe--NOTEL ACTION.

Mr. Abateley, Q.C., and Mr. Grey for the plaintiff; Mr.
Haddiestaa, Q.C., and Mr. Palpate for the defendant.
This wee an action fur debt, but the circumstances are
peen.ler. They wdl be beet gathered from the following
*sideline

Henrietta Ann Constant said—l am the plaintiff, and live
at Lorton, neer Co!shed. Have known the defendant sin
or seven years, and la May. 1858, he applied to me for •
loan of money. The letter produced related to this entject.
(It was signed by the defendant' who styled himself "Your
affectionate and constant lover, George." He acid be hal a
good trade In jewellery, with good profits, In Orford-street,
London) I ordered m brother to mad him 2001. I pro-
duce a letter acknowledging the receipt, returning thank,
for the loan, and eromietiog to make good use of the money.
(In the latter defendant mad, "He hoped It would not be
long before they were settled, for his home wanted a mistress,
and he should not long sing the wang, ' I want my !Cada.' ")
I went to London in May last with welsher, and asked him
for the 2001. He said it was a paltry sum, on whit* my
sister told him it would be the more easily paid. He said he
would pay st.

Croes-exert —We ware engaged to be marled when I
lent defendant the mosey, bet that has nothing to do with
this matter. That was in August, 1867. 1 never suggested
that the defendant should go into the public business, or
anything of the sort. It was never contemplated that I
should give him money to start a pablic-house. The letter
'induced is In my hand-writing. The letter contained the
following When I said you should have 1,000!., •
I thought loss than that would have been a poor beginning
In the public line. I wee willing for you to begin fa • re-
spectable way, and I tenet we shall be as fortunate in our
speculations as in partnership." The letter was dated Jan.
15, 1869.
Witness continued—The letter produced (dated 9th of Dee.
1868) is in my handwriting. (It stated that her money was
on mortgage, aadd that was the reason why she bad told
him he must wait for sin months. That was the principal
thing that deferred her marriage.)
Other letters were react from plaintiff to defendant, contain-
lag meaty louder love passages and expressions of affection,
and hopes that they would live h• ily en wedlock. In one
she eaid her brother would advauce 300/. and the rest would •
be made In the marriage settlement. A letter noticing the
mid* of the 200!, raid, "I hope It may be means
blessed to us in our undertaking in Dulness, which will be
my sincere pleasure."
The lady was a very unwilling volt:tem, end said all this
bad nothing to do with the case. She might have had letters
from George, but not about the money.
Mr. Huddleston—You had better answer, or I shall have
to go into particulars.
Witmer (eagerly)—Have you got my letters ?
Mr. Hutidleeton-1 will not answer that.
Mr: T. Constant proved the transmission of the money, and
identified the handwriting.
Mr. Huddlestoo, in a humorous speech, said the lady wen
more " constant " in hominess than In love affairs, and re-
fused to be ceased by him. He submitted that the money
wss advanced for the joint benefit of the parties, in the con-
templation of marriage. The plaintiff bad broken off the
contract, which defendant wee still willing to fulfil. He
contended that the spirit of the letters supported this theory.
The defendant, Mr. Oro. Weber, deposed—There was an
=
t to marry between me and Miss Constant as
:181tgost, 1867, when I was fogeman to a saddler.
In 1867, 1 had an interview with her at Lorton,
and she mid if I would start Ia the public line
she would give me 1,0001. I declined that and at Christmas
proposed to go Into partnership with my brother. She agreed
to that, and promised to •thanos 5001. The match wee
broken off Ia September, 1868, and in May last plaintiff called
on me in Osford-areer, and asked me to repay the 2001.1
had received. I said, "I cannot; I have not the money.
Are you not satisfied with getting me out of that situation,
and the misery you have caused me by breaking off our
eingsgramat P 1)o you with to crush oar. I said I would
ropey the money, it ever it should be in my power. I told
her 1 eassedered it • gift, advanced by her for our mutual
benefit, or I would not have received it. The business did
not turn oat fortunately.
Crum-esamined—Never asked her to lend as money.
The jury, without deliberation, found a verdict for
plaintiff for 200 L, the amount claimd, with full costs.

Clown Covet —(Before Mr. Justice BAN.)
Ilcabflth Holthams, a girl of 14. wee charged with ma-
liciously end wilfully setting lire to the dwelling-houre of
Mr. 8. Holder, her enterer, at Painewiek, on the 17th of
June, the miakfBantuel Holder sad others being in the boom,
et the time.

317.70-eel' prosecuted ; Mr. H. James defended the
prisoner.
The jury found the prisoner Godly, and pentanes of death
was recorded spawn her. She exhibited the utmost uncon-
cern throughout.

NORTHERN CIRCCIT.—LivERrooL. AUGUST 11.