The Northern Daily Times.
Liverpool, Merseyside, England, 1857-04-25 00:00:00

IRIDII ISLAND AN COAST SOCIETY.

Yesterday, according to advertisement, a meeting of the
friends interested in this society was hol 1 at the Ltib!e Soci-
ety's rooms, Sla•er-street. A great number of ladies from
all parts of the town were present - and on the platfo-m
were the Rev. Messrs. Mocran, of gt. Matthews ; Gent, of
S'. Paul's, Princes-park ; and Ar chlall, the deputation from
Ireland. After sundry referenees to the gross errors and
tremendous power of Roma ism in Itelartl, especially in
the btnigbted parts, where the agents of this society labour,
Mr. Archdall gave a comprehensive and deeply interesting
account of its various operations. Their sphere, it appears,
is in the islands, and along the north, west, and south
coasts of Ireland. The object of the society is to provide
schools, schoolmasters and mistresses, Scripture-readers,
and duly ordained missionaries fur. those destitute parts ;
and at present the society has in existence twenty-fire
schools, aid f arty-two agents in one or other, of the above-
named capacities, Mr. A. real several interesting letters
illustrative of the society's working in all these respects,
and it is only to be deeply regretted that, for the sake of
the society's welfare, and for the 6=m of the giod work
that is going on by it, it is necessary to withhold from pub-
lication the names of places where, and of persons to whom,
this good is done; bat we were assured that the persecut-:
ing power of Popery in Ireland rendered this absolutely
necessary. Another very interesting and very satisfactory
feature in the society's operations was that in the case of
ship taking refuge in the harbours of those islands
in time of storm, this society rends to them mission-
aries with bibles, books, tracts, &c., thus depositing the
seed which, under the divine blessing, may one day grow
into a goodly tree of righteousness. One harbour was
mentioned in which so many as seventy ships at one time
had taken shelter. The income of the society is only about
£l,BOO per annum ; and many of its labourers have but
£25 or £3O a year. Mr. Archdall, in conclusion, made
an appeal for £5O or £6O, which he belie7ed would build
him a suitable place in which for his little fl Eck to wet--
ship cod. .4 present they Worship in a building of mud
walls, with a mud fluor, a little turf fire smouldering in one
corner of the building, the roof of thatch. In such a place
is the full and beautiful service of the Liturgy of the
"United Church of England and Ireland" read, and the
gospel of Jests Chriit is faithfully preached. It was
further stated how thankful the society was for those con-
tributions of clothing which ere forwarded from Several
ladies weekly or monhtly, working parties in this country

The clothing: is given CO the children as a premium on
regular attendance at school. Any friends who may re Id
this, and who may !wish for further information, will
reanily, obtain it from Mr. Mr. Mocrqin or Mr. Gent,
addres.ed to their respective churches. It is, indeed, an
urgent case, and we shall be glad if our brief notice should
be the means of awakening a deeper interest in the society
in Liverpool,

THE GBANp DUKE CONSTANTINE —The Nord of Brussels
contradicts the assertion that the Grand Duke Constantine
is to proceed to England after his visit to Paris ald the
French ports, The Nord declares that on leaving France
his imperial highness will proceed to Belgium,- theice to
Holland, and return to Russia via Hanover and Prussia.
The Nord also dec ares that it has been erroneously stated
that the Empress Dowager of Russia, af er her journey
into Italy, bad resolved to visit France and petnain for a
time at one of the bathing pkaces of the P)reneei.

CRI?I. CON. IN HIGH LIFE.

DAMAGES, THREE THOUSAND POUNDS,

BARING v. GORDON.—This was a writ of enquiry brought
in the Sheriff's Court, London, on Thursday, to assess
the damages in an action tried in one of the superior
courts against the defendant for having had criminal
conversation with the plaintiff's wife Judgment had
been suffered to go by default, and the defendant did not
now appear. Mr. Bevil", Q C. and. Air. Unthank ap-
peared for the plaintiff. Mr. Unthank said the declara-
tion set forth that the 'defendant had debauched the
plaintiff's wife, and the damages were estimated at
£3,000. The plaintiff • was William Frederick Baring,
and the defendant George Tomline Gordon. Mr.
Bovill then opened the case. He said it was one of a very
painful class—painful under any. circumstances—but
he was glad to be able to inform the jury that they would
be spared from the most distressing part of such an
er quiry—Lhe proof of the fact alleged in the declaration
—that the defendant had had criminal conversation with
the plaintiff's wife ; for it was admitted by the 'defendant
—indeed, it was beyond denial—and the onlyquestion the
jury would have to determine was the amount of damages
the plaintiff should recover under the circumstances which
would be placed beforethem. The plaintiff in the action
was a son of Mr. Henry Baring, brother of Lord Ashbur •
ton, and in 1845, in November, he was married to a lady,
then just about of. age, whose conduct was the subject
of these proceedings. She was the daughter of Sir
Richard Jenkins ; she had, fortune and • position
combined with parsons' attractions, a refined intelli-
gence, and great accomplishments. They resided in
Paris several years after their marriage, and on returning
to this country they lived at Guildford, from which place
they went, in 1852, to reside at Eaton-hall, near Retford,
in Nottinghamshire. They had two children, one a boy,
now about eleven years of age, the other a girl, about eight.
After they had settled in Nottinghamshire, they mixed in
the best society in the county, and visited and received
visits from the gentry of the vicinity of their residence,
and associated with many persons of rank and station.
The defendant resided at a short distance from Eaton -
hall, and was a person of some means and position, holding
the commission of a captain in the Nottingham 'Militia, or
Sherwood Foresters. An acquaintance sprung up between
him and the plaintiff; they frequently visited each other.
They becamo most intimate friends, went mit together to
enjoy the sports of 'shooting and hunting, &c., and visits
were frequently exchanged between Mrs. Baring and Mrs.
Gordon. That was in 1852 and such state of things con-
tinued down to March in the present year. The plaintiff
and his wife had always lived upon terms of the happiest
endearment, and in the enjoyment of every comfort which
affluence and station could give, until the unhappy disco-
very was made, which had led to these proceedings ; which
bad destroyed a life of happiness to Mr. Baring, had sent to
ruin and disgrace a woman upon whom the least su.pi-
cion bad never fallen, and reduced, her children to be
perhaps worse than orphans. In March, the plaintiff
found that Capt. Gsrdon, who had professed so much
friendship for him, had, while enjoying his hospitality,
seduced his wife. On the 11th of that month, Captain
Gordon and Mrs. Baring left Nottinghamshire and came
to London together under circumstances of the deepest dis-
trees, not only to the plaintiff, but to Mrs. Gordon, who was
at that time in a condition which rendered the matter a
great deal more painful. In the greatest agony of mit d,
Mrs. Gordon went to a lady named Huntsman, a friend of
both her and Mrs. Baring, and with that lady, she came to
London. Mr. Huntsman, who was a friend of the plain-
tiff, followed them, and he and his wife and Mrs. Gordon.
traced the defendant to the Great Western Hotel, where he
was taking breakfast with Mrs. Baring when they arrived.
Mrs. Baring rose from the table, and when Mr. Huntsman
went in he found Mrs. Gordon in a fainting condition on
her knees. When he was appealed to he refused to leave
Mrs. Baring, and such was the shock to Mrs. Gordon,
That it well nigh proved fatal, she being then close upon
confinement. That adultery had taken place had
been admitted —there could have been no answer
to that. Mrs. Baring was sent to her mother, Lady
Jenkins, and the jury would have to assess the damages
which Captain Gorton should pay for the great wrong
he had done in destroying a life of happiness-which the
plaintiff had been blessed with. He could not conceive
or sugges; one single circumstance palliative of Captain
Gordon's conduct. Received into the plaintiff's house as a
b )som friend, accompanying the plaintiff in shooting
excursions to Scotland and other pine as, he had abused
the friendship with which he had been regarded, violated
the generous hospitality which had been the plaintiff's
pleasure to afford him ; he had brought disgrace upon the
plaintiff and his family, broke up a happy life, and had
sent this unhappy lady to a position of infamy and dis-
grace. No amount of damages could compensate a plain-
tiff in such a case as this ; the verdict of the jury was
sought, as they would have surmised, with a view to
ulterior proceedings, and he believed that had not the
damages been set at £3,000, the jury would readily
have awarded more than that amount. Captain
Gordon had four children, and he reieated that he
could not see anything whatever to palliate his conduct.
The certificate of the marriage, which took place at
Paris, was then put in, and also a settlement executed on
the matriaee, of £B,OOO. Henry Huntsman examined : I
reside at West Retford Hall, Nottinghamshire, and have
done so some time. I was living there when the plaintiff
and his wife took posses-ion of, Eaton Hell, as their real-
dence. That was in the autumn of 1852 Eaton Hall is
the plaintiffs present residence, and is about two miles
from mine. After their arrival myself and Mrs Huntsman
visited them, and the intimacy was continued between
us and Mrs Baring until this distressing matter
was known- Mr. Baring I should think, is about five or
six and thirty Sears of age. Mrs. Baring somewhat
younger. They have two children, a son and
daughter. The one eleven, and the other about
eight years of age. They lived in good style, and, of
course, had horses, carriages, and servants requisite for
their establishment. Captain and Mrs. Gordon lived about
nine or ten miles from Raiford. The two families, 'Baring4
and Gordons, were on terms of the closest intimacy within
a few months of Mr. Baring coming there. Capt. Gordon is
about 34 years of age. They have four children living, but
have had more. They lived in good society. Capt. Gordon
was a hunting man, which associated him with the best
society of the county. Mr. Baring and his wife always lived
very happily together. It seemed his pleasure to gratify her
in any wish she might express. He was extremely attentive
to .her. He was once absent for six weeks, when he went
to America, and once he went to Marseilles to meet his
sister on her way from India. I went to see him off
by the steamer for America. Those were the only
two occasions on which he was absent for any time.
On the 11Th of March a communication was made to me.
Mrs. Gordon and Mrs, Huntsman came to London by the
express train, and I followed them.. by a later train at
twelve o'clock. At four in the morning I found them at
the Great Northern Hotel. There had not been the least
possible suspicion of Mrs. Baring before that time. From
enquiries I made of a porter, I found that Captain Gordon
and Mrs. Baring had gone from the Great Northern
Railway to the Great Western Hotel. We went there,
and having found Captain Gordon's room, Mrs Gordon
was ushered in by a waiter. I remained outside with Mrs.
Huntsman, and after some little time I went in, when I
saw Mrs. Baring sitting by the breakfast table. Captain
Gordon was standing with his wife on her knees before
him in a fainting slate. The scene was most painful. Mrs.
Baring rose from the table when I went in. I desired Mrs.
Gordon to retire, as the excitement might have been dan-
gerous to one in her condition. Capt. Gordon asked me to let
him have five minutes alone with his wife. Mrs. Baring
walked out of the room. At Mrs. Gordon's desire I con-
sented to her husband's request. In about twenty minutes
I went in and found her again on her kness. It was a
most distressing scene. She was entreating of him to
choose between the two. He refused to go home 'with
her. Shortly afterwards he left the room, and sent me
a message that he was going away, but would give me
his address if I had anything to write to him about. I
then took Mrs. Gordon back to the Great Northern
Hotel. Captain Gordon visited her in her aness.
Henry Baring: I am one of the firm of Baring Brothers,
and am brother to the plaintiff. I had ample opportunity
of seeing how he and his wife lived, though they were much
in the country and I in London. When I was in the coun-
try I was mostly at my sister's, but I know that my
brother lived most happily with his wife, and he had not
the least doubt or suspicion of her until this discovery was
made. The Rev. John Twells : t am rector of Gampston and
vicar of Eaton, in Nottinghamshire. As minister of the
parish, I knew Mr. and Mrs. Baring very well—intimately.
I am not married. I visited at their house. There was
not a shadow of suspicion of Mrs. Baring's conduct until
this matter was discovered. Mr. and Mrs. Baring lived
happily and harmoniously together. He was very indul-
ent, polite, attentive, and considerate. The Honourable
John Ashley : I have known Mr. and Mrs. Baring.about
four years. I was in that county in 1853, 1855, and
1856, and visited them an intimate terms). I also visited
at Mrs. Baring's sister's. The plaintiff and his wife live d
on the very best terms that could exist between man and wife.
Henry Milner : I am a banker. I knolv the parties well,
and until this was discovered, there could not hare been
any suspicion. They were most intimate with the Gordons,
and always lived happily together. Mr. Bevil said he
could call plenty. The learned Under Sheriff said he
had other witnesses, but did not think it was necessaary
to place farther evidence before the jury. The lea'ne d
Undersheeiff told the jury that the case was before them,
and he should make but one upon it. Evidence
had been given as to the terms upon which the plaintiff
and his wife hadlived bit there had been no female witness

called, which usually was the case. Mr. Bovill said he
was not suggesling that they should bo called, but was
merely noticing the fact in putting the case to the jury. The
witnesses whohad 13:.,en examined, unquestionably ware men
of highhonour acid integrity, and with only one remark to 1113
jury, upon the fact tht.t no female witness had been called,
he should leave them to say what damages the plaintiff
should obtain at their hands. A Jurvman asked what
were the defendant's means ? Mr. Under-Sheriff said,
thit was not nrceFsary in the consideration of what
damages should be given to the plaintiff for the wrong the
defendant had done him. The damages must be assessed
irrespective of the means of payment.. He heard Lord
Tenterden say, that if a man could not pay in purse he
must in person. A Juryman : But we may be doing
injury to Mrs. Gordon and her children, who should not
suffer. Mr. Under-Sheriff: That is a very natural consi-
deration ; but the only question here is, what damages
vou will give the plaintiff upon the evidence before you ?
The jury gave a verdict for £3,000.

04%

COURT - OF BANKRUPTCY.

BEFORE MR. COMMISSIONER PERRY.

IN RR JAMES FELL.--JuDamENT.—ln this case Mr. Com-
missioner Perry gave judgment yesterday as follows :—ln
this case the allowance of the certificate to the bankrupt,
which was applied for en his behalf by his solicitor, Mr.
bake, was opposed by Mr Fletcher on behalf of Mr.
Arroyave, the holder of a bill of exchange ; by Mr. N:eld
on behalf of the firm of Nield, Dickson, and Co. ;
and by Mr. Mathews, as solicitor for Messrs. Tomlin,
Randall, and Co., creditors for £214 18s 11d. The
Bound of opposition, on behalf of Mr. Ar-
royave was that the bankrupt had occasioned Mr.
Arroyave unnecessary expense by a vexatious and frivol-
ous defence -to an action for the recovery of hie debt,
provable under the bankruptcy. The bill was originally
given for twenty tons of raisins, which were to be supplied
of a good average quality by a client of Messrs. Houghton
and Levy, named Guile, residing in Spain. After the
bill had been accepted the raisins arrived, and were
found to be not of a good average quality, but very
indifferent indeed, as they were pronounced by
competent judges who were employed to survey
them; and they were, with the exception of a parcel
•Oich had been delivered to the bankrupt, and
which produced about £lOO, sold for the benefit of whom
it might concern, by public auctions notice being given
to the brokers, Messrs. Houghton and Levy, of such sale.
The bankrupt offered to take up the bill when at maturity
if Messrs. Houghton and Levy would payhim the difference
between the price the raisins produced and the amount of
the bill, abandoning his claim to any profit he might have
made, and which the bankrupt estimated at £l5O. This
they declined to do. They had offered the bankrupt 2s a
cwt. for the depreciation in value, a sum accepted by
others, when one of the parcels of the raisins had be,n
sold, but this he refused. Of the propriety of this relteal
on the part of the bankrupt Mr. Houghton has himself
furnished evidence ; for having been examined in the
course of these proceedings, he has admitted that 35 a cwt.
was a fair allowance to be made, judging from a small
parcel of these raisinswhich he saw. The bill having been
dishonoured, an action was brought by Mr. Arroyave on
the bill. An affidavit was filed by the bankrupt in support
of his application to enter an appearance, in which he
stated the circumstances on which he relied, and among
others the fact that Mr. Arroyave, being merely an
agent of the drawer of the bill, mast be taken to be
aware of all the circumstances connected with the
sale of the raisins and of their deficiency in quality,
and consequently could not rely solely upon his title
as indorses. Leave having been given, but further
time to plead refused, the bankrupt being strai toned
in point of time, pleaded that he had never accepted
the bill, and that he was not indebted. He, however,
took out a summons to amend his plea. Ultimately these
pleas were withdrawn by consent, and the plaintiff obtained
judgment. Now, in the case of exparte Johnson, which is
reported in the 4th volume of De Gex and Smale's reports,
p. 25, the bankrupt, to an action for a just demand, had
pleaded twenty pleas without cause, and merely for the
purpose of delay. There, it is true, the bulk of the bank-
rupt's creditors were desirous of effecting an arrangement,
and so avoiding a bankrupteiy, and it was at their instance
that the bankrupt pursued this course. Still the injury to the
paticular ere ditor in the delay of his demand, and in th e cests
occasioned by these twenty, pleas, a cost much larger,probably,
than that incurred by Mr, Arroyave, was the same, and
yet the court held that it was a case not for conviction
but for acquittal. Now looking at the reasoning in that
case and in the case of ex parte Dormford, in the Fame
volume, in which it is again adverted to, I am of opinion
that I must in the present case come to the conclusion
that Mr. Fell ought not to be visited with penal conse-
quences for these pleas, particularly as it appears from the
order of Mr Baron Bramwell that they were withdrawn by
consent. The:ground:of objection by Mr Neild,and one of the
grounds of objection by Mr. Mathews, is founded upon pays
ments made by Mr. Fell inredaetion of the debt due to Mr
Thornton, his father-in-law. To this Mr. Mathews has
added the further ground, founded on the 198th sec., that
the bankrupt has continued to trade after he must or
might have known himself to be insolvent. To the first
of these grounds it is an offence within the 4th branch of
the 256th section, which imposes the penalty of suspension
or refusal of the certificate if the bankrupt shall at any
time within two months next pending the filing of the
petition for adjudication of bankruptcy fraudulently, in
contemplation of bankruptcy, and not under pressure from
any of his creditors, with intent to give an undue preference
fo any of his creditors, have paid or satisfied any such
creditor, wholly or in part, of what kind swot." Now, it
appears, with respect to Mr. Thornton, that the bankrupt,
being his son-in-law, resides in his house, and that being
desirous of paying off a debt of £2OO due to some other
party, he borrowed that sum of Mr. Thornton on his
I 0 U in September, 1849, and that on the 7th of Nov.
-he borrowed a further, sum of £4OO, and on the 9th of
, November a sum of £lOO, which two sums he undertook
to pay by instalments of X5O a month, and that in Feb.
1855, he borrowed a further sum of £5OO, when, as he
says, the condition of repayment of the money by instal
ments was made applicable to the whole sum. He did not,
repay his debt, or any part of it, by instalments If
£5O, but paid interest at £5 per cent. upon the whole sum
due to the 30th April, 1855, when a balance of £904 lOs 5d
was struck. The bankrupt then paid to Mr. Thornton the
odd £4 18s sd, and continued to pay interest on the £9OO
down to the 30th October, 1856. Now, the bankrupt
having been, as he says, pressed by. Mr. Thornton for pay-
ment of the instalments, at last, on the 18th November,
1856, receives a letter from Mr. Yates, the attorney of Mr.
Thornton. He has no conversation with Mr. Thornton on
the sutject, but he sees Mr. Yates, who tells-him that his
instructions are imperative—that he must have the money
or security for it. The bankrupt paid nothing, and in
consequence of the threat held out by Mr. Yates, he was,
about the end of November served with a copy of a writ.
He did not enter an appearance, and judgment was signed
pn the 2nd December. The bankrupt then made several
payments to Mr. Thornton in part discharge of his debt,
from 13th December to the sth January, amounting to
£B4l 7s id, in addition to carrying into effect certain
securities in pursuance of tho original agreement made
when Mr. Thorton became security to Messrs. Peek,
Brothers, and Winch for 12,000, upon which he is at
present liable to them for about £1,600. Much
tr es !was laid, and naturally, upon the circumstance
the bankrupt residing with Mr. Thortoni and it
as t said to be incredible that parties meeting every
d should not converse upon the subject of the debt.
and the process arising out of it ; but upon this question
of communication between them on matters of business the
bankrupt underwent a long and strict examination by Mr. '
Mathews, who only succeeded in eliciting the fact that a
„-very great alteration had taken place in, Mr. Thornton's
' manner towards the bankrupt during the last eight or nine
, • months, and that he had become very irritable towards the
bankrupt. This being the case, is th.e circumstance of Mr.
Thornton being the bankrupt's father-in-law sufficient to
displace the ground of pressure so as to bring the bankrupt
within the penal provisions of the 256th section ? lam of
opinion that it is not, and that the bankrupt, who denies
that the writ was issued at his suggestion, and says,
moreover, that he always anticipated Mr. Thornton would
allow the account to remain as it was, has not incurred the
penalty imposed by the fourth branch of that section. 1
am, however, of opinion that Mr. Matthews has established
his other:ground of objection. The bankrupt carried on busis
ness at two places in Liverpool—in Matthew street and
In Post-office place. The business carried on in the
latter place had been a Intirg concern for years. From
£3BO 15s ld, the loss ascertained in December, 1854, it
had become £676 17s 4d in March, '1856. In June, 1856,
that loss was increased to £7lO 3s 7d; an in October it
had become £845 10s 7d. At its close on the 6th Decem-
ber, the loss was £1237 14s 6d. Now, the profits of the
bankrupt, as collected from his balance sheet, were
£4,603 10s 7d ; whiJst the trade expenses amounted to
£5,497 lOs lid ; making, with his personal expenses,
£6,363 5s Bd. The bad debts he had made amounted to
£4,003 19s sd, and were principally contracted in 1854
and 1855. The debts he owes amount to £9559 3s sd.
I think, therefore, that the bankrupt has continued to trade
longer than he was warranted in doing by the state of his
affairs, of which he had sufficient knowledge, and conse- ,
quently I think it right to suspend his certificate for six
months from the 21st April. The certificate to be of the
first class • and I see no reason for withholding protection
from the bankrupt during the period of suspension. -

It has been decided that Hearses and rrr,urtin coaches
passing through turnpikes are exempt from paying. toll.
A CASK FOR REFORM. --A story is told of au ex hc,n.
member, who was met in one of the lobbies of the how
with a large roll of papers under his 'arm. "These,"
said the communicative senator to a friend, "ap the
vouchers for nay election expenses at M-, during the
time I have been member for that 'borough." The friend's
curiosity was excited, and he inquired the amount of the
expenditure which the vouchers represented. The reply
was astounding; the outlay among the free and indept.n
dent (about 500 in number) had reached the gigantic
sum of £BO,OOO, or about £l5O fur every elector on the
register! The hen. gentleman had sat in three or four
parliaments, and had paid accordingly. Two examples
have been made of corrupt boroughs by the House of
Commons, which is occasionally subject to" a fit of virtuous
indignation, but it still sends two representatives ; and,
strange to gay, there are always three or four candidates
ready to court the sweet voices of , the electors, We
forbear \indicating more distinctly the abode of these
noble minded wen, who do good by stealth and might,
perhaps, "blush to find it fame." Perchance, however, a
pew Reform Bill may award them their due,