The Express.
London, England, 1860-02-07 00:00:00

COURT OF QUEEN'S BENCH,-Fu. 6.

9[ttiap at
NW Pries at Wastaindtr.—(Bsitra Lard Chid
Jades Cookbara and a Ilittnial hwy.)
WILZINITIITN AND Wm V. STONWLSIIII.-12TILAOEDI-
NAJLT Cali

The declaration In thie ors stated that the defendant had
assaulted the platutife yds and had wrongfully detained
certain goods. There was also • count for voo4s old seed
delivered. The defendant pleaded ea to the &moult not
guilty ; that the goods did not belong to the plaintiff, and
that he bad eatialied the plaintiff'. demand before the action
was brought.
Mr. Heseldes and Mr. Kenealey were counsel for the
tiffs; Mr. Edwin JIIMer, Mr. Huddismon, end Mr.
Preatke, apparel fee the defendaat.
Mr. Hawke's, in opening tbe ass to the jury, said that
the plaintiff bad been an officer in tM Austriat service, lied
both he and his vile wore natives of Austria. He lett Ma
country in 1867. is aowgoenc. of family differences., and
when they arrived Ia Bog they were in pecuniary didi-
culties. They got an introduction to the defendant, who is
a nosier tailor carrying on business at 39, Conduit-street,
and he promised to assist them as much as be could.
He gave them money, which he now alleged were loans, but
which the plaintiffs denied. In ooneequente of these difficul-
ties, they bad to raise money at the pewuhreker's, by pledging
silks, tuitions glom, aid other articles, of the value ot be-
threes 1001. and 20'01. Amoopt these articles was a shawl
I meet 201. The defendant told the plaintiff that if he would
band over the tickets he would sidearms/ to redeem the
attacks; but instead of doing so, he sold some and sppro-
frisbee' other., amongst which were the shawl and mains
which toe defendant and his wife wore. At the end of 1857
the plaintiff, at the suggestion of the defendant, took &house,
which be furnished at • c of of 1711., to be paid fur by three
bills of exchange. The first bill wee paid, but the others
were dishonoured. The plaintiff being again to difficulties,
the goods were mid to the defendant in another name, and
be sold them at Oualtain's sale-rooms fir 621., of
which the plaintiff received 201., leaving 321. still
due to him. At the end of 1858, the defendant having an
ulterior object in view, advised the plaintiff to try what he
could de In America, nd team his wife in London. The
pWntlf ilasordinam went to New York with letters of in'ro-
dnedes to a gen from the defendant He left his
wide In Loudon, but !huntr that the gentleman to whom he
Monett the introductory letter had not the means or the de-
ar* to assist him, he returned to England. At the close of
1867 the plaintiff h-d been out, and during his &beeline the
defendant, as usual, called at his boom. On the plaintiff's
Man with a Mend he heard a scuffle in au adjoining room,
sad on going in be found the defendant and his wife in an
agitated state. The defendant gave each an explanation as
the plaintiff considered astisfectory, and nothing more wee
thought of the matter. In 1868 the defendant was church-
warden of the German Church which the plaintiff and hie
wife were in the habit of *agnate. On the lady going there
sae Sunday eveattle.• defendant handed her the following
letter, dated Oot. 1868, in a Prayer • book
" My esteemed Welzenoteins—Manage matters this
evening, and see that Mr. Prietz is not there, and that you
are alone. I will call upon you, and we will talk about the
bazar. I hops to find >Quire well to-sight, and that you will
leave aQ yosr prudery. Nothing will help you any more.
Lay ell obstacles aside. I think I have waited long enough.
"I remain, your devoted friend, " BTORWASSIA.'
The plaintirs wife did not see the defendant, and nothing
maned, but in a few &ye the received another letter from
dm defendant through a Mrs. Jordan.
TM Lord Chief Justice—l understand this is en action for
nada, but one would think we were in the Divorce Conn.
I am at a lose to understand how this bears on the cans.
Mr. Hawkins said it wee material to the case. The
mond letter was this :

Memday.
"Honoured Mrs. Welzeostein,—l KO that you pornaps
feel more for me than you ought to do ea a wife (a woman),
bat 1 do not know If the motimeot is the result of gratiiu I.
or —. With me it la naturally not gratlintla, end I think
you understand me. As to your shawl, I have already told
you you shall have it on your name day, end also what you
want beside, if you will try and get from boom for one night ;
bat be careful to may at home that you have to flaish some
work at • lady's home. I expect you to-night, at lutlf• peat
8 o'clock, in Hanover-square' to state all partionlars. I
thank you—that you will destroy tile.—l remain your
friend, " STONWILSSIkt."
The plaintill'a wife returned the letter ht disgust sod took
no more notice of it. Dario( the &bootee of the plaintiff the
defendant gave the plaintiro wife a poetics of the gouda,
and this action was brought to recover the remaisder.
The plaintiff having given evidence is support of this
statement, denial that he had authorised the defendant to
dispose of the articles. The dirforidsat took the house in the
name of Stragenßelt, became he did not wish it to to known
that he had gives • reference. The defendant said that if
the plaintiff mold not meet the bills, he would. On Monday,
the 7th December, 1&57, between nine end ten, he returned
home to change hie clothes. He went direct to his bedroom,
and in the front loom he hoard • midi, and the defendant
.peaking. Ile rushed into the room with • friend nsined
Frietz, where he sow the defendant holding his wife last,
and trying to kiss hoe.
Th. Lord Chief Justice—ls it for this there I. the count
for the assault f__

Mr. James—Yee, my lord.
The plaintiff, in continuation, ea4l Me wife struggled to
get away (rem the defeedent very touch, and witnen wanted
to rusk at him, but hie wife and Frietz kept him back and
pushed him into the back room. When he retained, the de -
fiedant had rue away. The defendant apologiaed for his
coshed. He said he wee an old man, and not danger-
ous. (Laughter.)
Cram-szembeed--My wife wee represented at the Austrian
ember, se the daughter of Owteral Keller, and that her
husband wee an Ariserkon. Ido not know that my wife had
borrowed • child and pasted It off as her owe. Mr.
Beedtield, by wl'e, and two children lodged in my
house. She called at the embassy about oar stars. I pawed
ea Stainfeldt, end my wile es Madame Welsenatein. The
emtasay referred her to the defendant. Btu pawed in his
name, and the defendant veal told her husband was in
America, and that she had been left with • child to *appal.
I never pared by the neros of Stettin* in Beebe. I dtd not
know that my wife got 160 i. worth of furniture from a
tradesman in Berlin. I wee not taken before the areborithe
there is 18.5.5 on account of it. Ido not know that MY wife
we.. I left toy wife for some menthe at Berlin while I wee
with my regiment at Vienna. Ido not think I pawed by the
name of Bteinfeldt, and tepresanted to the defendant that
nuidameahumband was `America, sad that he had been a
brother saner of sash I deal know that my wife told him
so. I believe the deindsatt we. often at my bowie, and saw •
my verb he my presence, when I creed as fiteinfeldt. Ido
nut know when the defendant Bra knew that my
name wan Wellanstein. The defendant did not as
me to Isere hha al-ne with my wife. He called on her when
I was oat, and she told in. he took particular care when be
called to ask Keay one woe in the adjoining room. I never
left the reran that the defendant might be alone with my
wife. I did not tell the defendant that I wiehed to take a
lodging house in order to obtain • livelihood for her.
Several letters written by the wale plaintiff to the defen-
dant wen then put in. In one, written eubsequently to the
alleged aren't. he entreated pecuniary &mistimes to enable
hint to pay fur the furniture, tailing the defendant he would
be bestowing his benevolence on an honest man. In another
he escrowed his gratitude for the kindness the defendant bad
shown to his wife In her alone, and again he described hie ap-
plication as the pewee of an tutheppy man appealing to • feel-
lag heart and leaving everything to hie generveity. In smother
epistle the plaintiff used the words that heeled.' the defendant
a lune awn, but he stated that the word " oonli&nce "
alwald have fullowed--that he owed hint • Large sum of
ocialdisos.

Ile-ratunined—He had left Austria because he had fought
a distend killed his antagonist, and he was *tomcod to
hagriermineur, but felt booselt sate here. He produerd a
certalluase fruits the Austrian gentral, and had module for
bravery, hu.
Ebrebeth Weir natein ezetubied—Mr. Stohwarer wotka
for the Anetrian senhafty. When I saw him he gave me
half-a-moan. He did not employ me to do needlewoeit, but
the embassy recommended me to Lady Stanley, Lady
Hamilton. and the Counts,. of Harley. Mr. Stohmiseer
bought some eight-cape Dora me for 11. I showed him the
paten-tickets, and he raid it would le much better to redeem
the articles red sell them, became) the interest would eat the
mosey up. I think there were about 20 pawn-tickets. He
said he would tell some, and keep what he could use. I said
I had so money and no clothea, and the defendant said the
articles wen not worth more than be bad psi Ito redeem
them. The article* were w.etk 1501, terhitpa more,
chaps leee. I often milted him to reader me au account,
he never did. I did not give him the shawl
to be mold. It wee taken out of pawn by the defendant, and
I hod it at borne. I redeemed • parcel of linen with MI nrra
111.007, and I left it with him, and he gave me the shawl.
The defendant said he would show the shawl to Ma wile.
Ha said he would like ti buy it, but I said ft wan sot to be
mid, sod would bke to kr p ft myeelf. I afterwards saw
Kre. fltohreepor wearing it. He always promised I should
Mae it ca my name day—Sabot latixabeth'rday—the 194
of November. Kr. Stolteraster bought me the letter of the
22nd of October. It yes le an envelope in a rhurch book,
which I have Ws is moving. He gave the other letter.
dated Nessday, to Mrs. Jordan, who gave It to me. I
did tot couvat to what he pc/Toted. I remember the even-
ly/ in December. What oceurrnd has already been stated.
The lowa Chief !malice—Do you mesa to make that e
sa4Ma for damage.?
Kr. Ktmeeley—l •bould pay so, my lord.
The Lord Chief Justice—l ask Oft.eas It occurred in De-
cember, 11167. and there eppoars to have been a ooadoualioa,
per the perkes went on the same to ever.
Kr. Heddleeton-1 may ..y, on behalf of Mr. Stoltwassit,
that he entirely *Wee it. He la a married ma..
Exaraketton ceetiatird —Mr fitcheauer took me ea kN
elk and mid I meld not regret It. I ,nid him not to behave
to sot* as Waist matisrr. He said be wee willing to do
asything for me. When my hnabstAl tame in with Mr.
Filets I ende•voureel tee get away from the dr. fesdarg, What close use against too wilt. 1 never informed my bee •
bend of the lettere written by the defaulting. De received
isformation of them from Me'. Jordan after this action bed
bon brought.
CrJee-ezaTleed—l alw!yehed the lettere la my pewee

eliaa: Lao Friday Mr.. J Zedir aegis" than. sal tisi then
to t►e deo, r.
Mr. Elladdloona—Whe V the dome
Witaeme—Dr. game.

Ile..liudilattaa—Oh. that la th• tarsi".
Cron-ezenibastisa eratiased-1 did not rim by the saw