The Express.
London, England, 1861-06-19 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JUNE 19, 1861.

Ealu intellignut.

COURT OF QUERN'S BENCH.--JuNs 18.
Sittings at Nisi Prius ►t Westminster.— (Before Lord
Chief Justice Cockburn and a Special j ary.)
NADI V. LORD SALIM:N. -APPIACLT.
(Continued from yesterday's Express.)

_ .
Loral Salton cross-eiuusinol- I had suspected on one or
two occasions before thiathat Mabe was intoxicated. Within
t►e last two years I have had three butlers, and is a day or
two 1 shall have a fourth. I have not had as many as sig.
Five years ago I unfortunately had s drunken butler. I
have had many drunken footmen. Their name is Legion.
And that is the reason why I established the rigid rule I
have mentioned. At the welding breakfast there were
twenty or twenty-two guests. Champagne and other wines
were drunk. Nine or ten toasts were drunk with Highland
honours. After the bride and bridegroom left there was no
more drinking. The ladies went up to the drawing-room
and the gentlemen went out for a walk. I don't know that
the halt is obliged to drink as n.ucli as any one. I never
drink champagne-only sherry. A very large quantity of
wine was drunk. There were seven or eight ladies in the
Party.
By a Juryman- The stairs to the drawing-room are nei-
ther narrow nor dark.

Mr. Lewia Chalmers said that when lie and Mrs. Chal-
mers arrivel at the house at eight in the evening, he saw
Slab°, in whom he noticed something different from his
usual manner. Afterwards he heard some one fall, and he
saw Mabe lying at full length on the stairs trying to get up.
At another period of the evening the plaintiff appealed to
him as a gentleman whether he was drunk, soil on witness
saying ho was, the plaintiff said he was no gentleman.
(Laughter.) Witness made every effort to induce him to
leave the house quietly, but he refused, and he had him
removed by two men to Frazerburgh. Lord Saltoun did
not say he was to be sent there, bat that he war to be re-
moved from the premises. Witness took upon himself to
send him. Tho two men were sworn in as "pedal
oondables by witness, who was a magistrate for
Aberdeenshire. The plaintiff wanted to he taken
in • carnage, but there was moue that could be used for the
purpose. As soon as the plaintiff got into his room before
he was removed, ho called for a pot of ale. (Laughter.)
The ale was brought to him and he drank it off. He fell off
his chair. While changiug his clothe; be used abusive
language to witness and Lord Saltoun. Witness told the
men to take Mabe to the Saltoun Arms at Frazerburgh, and
if he refused to remain there, to have him locked up for the
night. Mahe said, " Yea are Lord Sateen's Mao Friday,"
and also, " You Scotch are all a set of low, dirty, mean
people." Witness would not repeat the last epithet ho used,
at was so bed. He was 'aided Itch. was drunk. Mahe flew at
him with his fiats, end attempted to strike him. Donald Ken-
nedy then rushed in and carried him out bodily. (Laughter.)
The tenants' wives and daughters had at this time begun to
assemble for the ball in the servants' hall, and the hall was
close to his room. Make seized Donald by both his whiskers,
and witness held his hands off while he was removed from
the house. According to the law of Scotland • master
could dismiss a servant for drunkenness, and if he refused
to go, he could nee violence in removing him.
The Lied Chief Justice said • master might dismiss •
meritorious servant and direct him to leave the house, and
then the servant was in the position of a stranger, and
ought to depart. Of course it was open to him to bring an
action for breach of contract against his master.
Colonel Frazer, the brother of Lord Saltoun, corroborated
the evidence as to the drunkenness of the plaintiff, but de-
nied having himself drunk too much.
Some other evidence having been given,
The Lord Chief Justice, in summing up, said that unless
the defendant was justified in dismissing the plaintiff, he
MN bound to gay his claim for wage,, but if the jury were
of °pedal that the plaintiff was drunk or abusive and in-
sulting towards Lord Saltoun and his agent, the plea was
made out, and the defendant would be entitled to their
verdict.

The jury, without any hesitation, found a verdict for the
defendant upon both pleas.
31r. Bovill said Lord fialtoun would not ask for costa, and
wished to take that opportunity of repeating that before
this 000urreoce the plaintiff had conducted himself is a
proper manner, and borne an excellent character.
The Lord Chief Justice said he was glad to hear that, and
he hoped the result of the trial —s trial which arm/ out of
the peculiar circumstances of the day—would not prove in-
jurious to his character.
Verdict for the defendant.

COURT OF COMMON PLEAS.—Joxs 18.
Sittings at Nisi Prins is Miikllesex.—(Before Lord Chief
Justice Erle and a Special Jury.)
The whole of the day was occupied in trying an action to
recover fur the interruption of light, and other damage,
caused to the house of Sir David vies, No. 2, Berkeley-
street, by the building operations at the Gloucester Hotel.

Mr. Mark Lemon— I am a dramatic author, 'edam sc.'
qoainted with Mr. and Mrs. Compton. 1 kuow Mrs.
Compton from meeting her at the theatre, and I bevel
frequently visited at her house. Upon two occasions I '
have supped with her and Mr. Compton. Mrs. Compton played
as Miss CVyndham. She and her husband always appeared
very courteous to each other. Have known Mrs. Compton
five rears, and Mr. Comptou about four. I met him first at
the stag door of the theatre. In my character of dramatic
author I have frequently been behind the scenes. I have
seen Mr. Compton very frequently at the stagedoor, and 1
have seen him go away with the respondent. I suppose he
came to fetch her. Mrs. Compton's conduct was always
exceedingly correct. It is about nine months since I visited
Mrs. Corn ton, at her residence, 219, Piccadilly.
By Mr. TAvi 'aanot say bow often I saw Mr. Compton
at the stage door. Perhaps eighty or a hundred times. That
usa at the Olympic and at the Adelpbi. I have seen her go
away with her husband perhaps 30 or 40 times.
Ity Mr. Hawkins-1 knew Mr. Turner. He was an artist,
living in Loudon. Cannot say whether he died in 1846. Did
not know Mrs. Turner, but I knew Miss Julia Turner. I
believe that Mrs. Compton lived with her sister. 1 have
reason to think that Miss Turner was living under the pro-
tection of a gentleman in Piccadilly. Mr. Compton
I suppose could not fail to be aware of it. Mrs. Compton
was very courteous and well conducted, but I cannot my
anything about her affectioriateuess. I remember seeing
Mrs. Compton as a dancer at Vauxhall many years ago. I
believe that she has been absent from London. In 1858
she was away from town. Mr. Compton came to me at •
village where I was staying, and told me that he had had
• very serious disagreement with hie wife, in consequence of
which she hail left home. 1 told him that 1 did not think
there was any reason for apprehension on his part, for she
had always conducted herself so properly that I presumed
that it was only their domestic quarrels which had sepa-
rated them. 1 expressed my surprise that he should have
been, as he said, • fortnight without speaking to her before
she left. She had left on the Saturday, and he came to me
on the following day. The general effect of my observe.
tions was, that be should make his home more happy and
comfortable for her.

Re-examined—There was • reconciliation in a very few
days after.
The Rev. John Compton—l am brother of the petitioner.
I have been chaplain to the workhouse of St. James's,
Westminster, fur ten years. I have been in the constant
habit of visiting my brother and his wife. When I came
to London, twelve years ago, they were residing at 467,
New Oxford-street. They afterwards lived in Greet
Russell-street, and then at 219, Piccadilly. My brother
was in the Emigration-office, and during the parliamentary
session he also had employment at Mr. Gurney's, the abort-1
band writer's. That kept him out late at night. When I
first came to London I do not think Mn. Compton had
accepted an engagement on the stage. Her mother and
sister were living with her. My brter's conduct to her
was always kind, and, as far as I know, he was attentive
to her. On the 7th of September last I went to the house
in consequence of • message I had received. I
saw Miss Turner, who told me that them
had been a serious quarrel between my brother
land his wife, in consequence of which she added that she
could not live any longer with him. Mrs. Compton then
came in, and deprecated any further continuance of her
sister, remarks. Miss Turner requested her sister in she
was leaving the room to shake hands with me and bid me
god-bye. She did so, and we parted as friendly as usual.
1 never saw her again at my brother's house.
By Mr. Hawkins—l was a constant visitor of Miss Turner's.
I was not aware that she was living under the protection of
any one. I have heard it since, but I had no suspicion of it
at the time I went to the house. She has had no occupation
since I have known her. She occupied separate apartments;
but we all four occasionally dined together. Should say that
my brother wan • good-tempered man. Repeated corn.
plaints sere made to me of his temper by Miss Turner, and
sometimes by Mrs. Compton. At the time I believed
them, and sympathised with them ; I even
spoke to him about it; but I have since had
reason to change my opinion. I believe he had provocation.
I have seen him auk with his wife. Miss Turner has said
to me, "That man will drive Emily from her home ;" and
I may have said, "He is in a fair way to do it." Used
sometimes to play a game at cribbage with Miss Turner, and
Mrs. Compton has come to me and asked me to come up
stairs, because my brother was in one of his wretched tem-
pers again, sod 1 have said, "No, thank you • I would
rather stay where I am." Never saw anything like violence
on his part ; he only sulked. I never noticed Mrs. Comp-
too', jewellery, but she seemed to have a good deal of it
and in good taste. I don't know what my brother's income
was. I knew nothing of the Turnery when my brother was
married, nor did 1 hear of the marriage till some time after.
By Mr. Macaulay-1 think I have heard Mrs. Compton
say that it was in consequence of her husband's pecuniary
difficulties that she went on the stage. I always under.
stood that she bad the command of her own earnings. I
think Miss 'Fortier, on the 7th of September,said something
about my brother's " vile suspicions."
Carcase Marshall--I have been is Mr. Compton's service
for seven yens. While Mrs. Turner was living she Oenal-
*d the third floor of the house in Piccadilly and Miss
Turner the second door. I know Captain Baring. He bas
frequently called. He came first about five years ego. He
trod to ask for Mies Turner, and if Mr. Compton was not
at home Mrs. Compton used to go into her sister's room.
She del not go if Mr. Compton was at home or if she did
she told me not to tell my manor who ft was that had
called. Mr. Compton used to go to Aylesbury for • week
every summer. on those occasions Captain Baring fre-
quently lunched sad supped at the house. On the 7th of
September Mrs. Compton went away, and was assisted to
pack by Miss Turner. She said to me, " Yoe have told
your master about me and Mr. Baring, or have dropped one
of my letters." I said I had not 110120 so, and she said,
Then it is Mr. Mark Lemon or Mr. Jacques
who has told him." She went away at five
minutes before one in the night. Mr. Compton always
went with the respondent to the theatre and fetched her
home ;or if be could not go, he used to send me. The
writing on the piece of blotting paper is Mrs. Compton's.
[The writing in question was the address of Captain Baring,
i Travellers' Club ; and the words, " Dear Harry, will you
kindly." It was opened by the learned counsel that Mr.
Compton's suspicions were first roused by finding these im-
pressions on his wife's blotting paper.]
By Mr. Hawkins—My master went out very little with
my mistress. He was always at his business. 1 don't re-
collect his going out with her for a day's pleasure. but I
have known him ask her to go out fora walk. She has
told me that she was going to Mr. liariag's to dinner. She
has also frequeotly told me that she was going to Richmond
and Greenwich to dinner. I never heard of her acquaint.
mice with au officer who went to the Crimes. I re-
member her having engagements at Liverpool and
Dublin. She was away for about seven weeks. Miss
Turner, and her dresser, Woodward, went with her.
Recollect her living for six weeks in 1857 at
Mrs. Keyes, at Brampton. Mr. Compton remained in
Piccadilly. They hail separate bedrooms for the last three
or four yens. Sometimes they were days and days without
speaking. It did not seem to make her very unhappy. She
often seal she did not like Mr. Compton. That was sitar
she hail known Mr. Baring. I used constantly to take notes
to him on a Sunday. After illy mistress left the best of her
'things were taken down to Miss Turner'. room, and she hail
them. My master gave me some—but very few. He got
rid of the red He gave me mere rubbish.
Mr. Hawkins— May I ask, do I see any of it now
(Laughter.)
Witness—No. Mn Compton took sway her beet jewel-
lery. What she left behind was only for the stage—it was
merely paste. (A laugh.) She hod some very handsome
bracelets and rings. When my master sulked my mistress
used to say, " Do you think he has found anything out r
(Laughter.) I don't recollect ever saying that I wondered
how my mistress could live with the petitioner.
Mary Kirby —I am in charge of the house No. I,
St. George.terrece, Herne Bay, end let lodgings for a gentle-
man io Loudon who owns it. Iu March ,185r4, a gen theme came
and engaged the drawing-room, thediniag-room, and four bed-
rooms. I asked him his name, and he said, "Let the
apartmentsgo in the name of Turner." A holy and a maid
servant afterwards came down to take possession of them.
The gentleman afterwards came. The servant's name was
Woodward. There was a bed made up for the gentleman,
and it was tumbled to give it the appearance of
having been used, but I don't think he did
sleep in it. There was the appearance of two
persons having slept in the lady's bed The gentleman
went to Csnterbury every morel ne ad returned in the
evening. That lasted seven or eight days or • fortnight.
He always dined with the lady. A Mrs. Turner, as An
was called, was also there part of the time. The lady nod
gentlentiu came again at the latter end of April. The
second time the gentleman's bed was made up, but it was
not tumbled.

Mrs Mary Ann Fisher, of 15, Rodney-street, Liverpool
last Juno Mrs. Turner applied to me for lodgings for Miss
Wyndham. The next day she come again with Miss
Wyndham and a gentleman, who was milled Mr. Turner ;
and on the 28th or 27th they took a drawing-room and a
bed room, and a second bed-mom fur the maid. The next
day the two ladies and their servant came to occupy them.
Tho ladies slept together. After a time they went away,
and oe their return they took additional rooms. Mr.
Turner's bed did not appear to be slept in.
Grace Bonfield, of Toxteth.park, corroborated the last
witness, and said that she had frequently seen the gentle-
man come out of Miss Wyodbam's bedroom.
:%largaret Woodward—l was dresser to lire. Compton. I
accompanied her is March to Herne Bay. Knew Captain
Baring. He was at Mrs. Kirby's with Mrs. Compton.
Went with her to Liverpool last year. Captain Raring also
lived at Mrs. Fisher's. Saw him on the night Mrs. Comp-
ton left her home. Saw her in January last at No.
toria-road, Kensington. That is Captain Baring's hews.
the the night Mrs. Compton went away 1 saw her inset
Captain Baring in Jermynstreet.
By Mr. Hawkins—l first knew Miss Wyndham at the
Adelplu in 1850. She was playing in the ballet. She was
in that capacity about two months, then she became an
actress. The salary as a ballet-girl was a guinea a week,
and she found her own shoes and stockings.
At that time she sod her husband were in very
poor circumstances. Some of their furniture WAS pawned.
Have heard of the respondent's acquaintance with another
gentleman, but I knew nothing about it Mr. Compton
used to come home from his atm, go up stairs, wash his
hands, powder his face, come down again, sod begin to read
a book, without taking any notice of his wife. (A laugh.)
Sometimes he was very amiable, but not often. She med
to complain of his coldness to her. She was at the Olym-
pic two seasons. Sometimes Mr. Compton took tar bear,
sometimes Captain Baring, sod sometimes I west home
with her myself. la IWO Mr. Oftspetm west to Ayluimrs,

without speaking to her ; and she said that if she did not
receive a letter Km him she would leave her borne. She
dressed expensively, and wore eensive jewellery. She
had about (aye diamond and emerald rings in common wear.
Those were not paste. Mr. Compton never questioned me
as to his wife's conduct. He did not seem to take any no-
tice of her ornaments. When she went to Richmond or
Greenwich lie used to conic in and not even ask after her.
They did not appear to live happily together ; but when
first I knew them they certainly appeared to be a little
more agreeable to one another than they were latterly.
This was the petitioner's use.
Mr. Hawkins should not have thought it necessary to
address the jury on behalf of Captain Baring, had it not
been for the claim for damages. That claim rendered it ne-
cessary that he should elucidate by evidence the kind of home
from which co-respondent had taken her. He should show
the means by which Mr. Compton had, in the first instance,
beguiled the young lady, when a mere child, from her
friends ; the unhappiness of her married life, and the cold-
ness and neglect of the petitioner. He had allowed her to
go on the stage, not, indeed, in her maiden name, but as •
single woman; and before Captain Baring knew her
she was living under the protection of another officer.
This gentleman introduced her to Captain Baring, and after-
wards he went to the Crimea. As he did not return, Cap-
tain Raring formed the connection with her with which he
was charged, and which he did not seek to deny. Rut he
(the learned gentleman) contended that it was not a came in
which the jury were called upon to visit his client with
heavy damages ; and when they had beard the evidence, he
had no doubt that they would fix the amount in a mere
nominal sum.
The court then rose.