The British Press; or, Morning Literary Advertiser.
London, England, 1824-04-24 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, FIIDAY, APRIL 23.

Before the LORD CHIEF JUITICE used Special Jerks.

SAYNE V. DIMIOX.

Mr. SCAR LETT stated ;11116 was an action brought by the plain- I
tiff. to recover • compensation in damages for the seduction of his
trite. The plaintiff was a merchant, and had formerly resided at
New Providence, where, in IMO, he became acquainted with the
faiedy of Airs Dean, and an attachment commenced between him
and the young lady, which ultimately temiinated .in the marriage i
of the parties, on their return to this country, at Liverpool. They
lived happily together, Mr. Bayne going more than once, as his
alf.sirs required, to New Providence, Mrs. Bayne accompanying
him, until his last voyage, which took place in 1818. After his re- •
turn from that voyage it was that Mr. !tape became acquainted •
with Mr. Mason, the defendant. also a merchant; and the strictest
intimacy, and friendship took place between them, Mr. Mason be-
ruining his confidential friend. Ile also paid strict attention to
Mrs. Bayne, hut not such as to excise any suspicions on the part of
Mr. Bayne, who cuntirued to live happily with his wife usuil the
y,iar 1821. Ahmat this time it occurred that the plaintiff had occa- •
'lion to go to Quebec, and it was on his return that the cireninsitanee
which he had mow to d••tail, occurred. It happened here, as in
mom cannot' this sort, that the husband was the last to hear of
what most concerned him. There wax no reason to believe that the
intimacy between these parties originated in 18`22. though the pre.
ci*e period of its commencement could not be ascertained. It
would appear, however, by a letter which we :Id be read to them,
that as early as August, 1822, the lady had been prevailed upon to
do an imprudert, if not a guilty act, and to afford him a meeting,
without the knowledge of her husband. This letter wits found after
Mrs. linyne had left her husband's house. Sonic time after this,
a young lady, niece to a friend of files. Rayne, was to go out to
New Providence, in one of Mr. Bayee's vessels, and she wax to
embark at Gravesend, and Mrs. Bayne, Mrs. IVilliams, and her
niece, were to go down in a poet-chaise: as the post-chaise passed
along Bruton-crescent, the post-boy got off his home and put a
letter into the post-office ; this was noticed by Mrs. Williams, but
nothing further occurred upon it. The party arrived at Gravesend,
and the young lady embarked; and alley this had taken place,
Mrs. B. expressed a wish to continue at Gravesend for a few days;
31rs. Williams wax to remain with he; Mr. Bayne consented to
this arrangement, and the ladies were left behind. Here they were
visited by Mr. Mason, whilst Mr. Bayne was away, and the intl.
niacy between hint and :Hrs. Bayne was discovered by firs. WU-
'isms. Here the Learned Counsel proceeded to state the fact.,
which were afterwards detailed in evidence by the following wit.
nesses :

John Pefieler—Resides at Liverpool ; produced the certificate
of the marriage of Miss Dean and Mr. Bayne, at Liverpool, on
the 4th of September, 1800 ; witness married a sister of Mrs. Bar le ;
witness had not been much in the habit of seeing Mr. and Mrs.
Bayne together fey the last two years, but previous to that time i
they appeared to live most happily ; Mrs. Bayne is an extremely I
line woman ; Mr. Bayne was a merchant, but had retired for some .
ram
Cross-examined—Did reside at Liverpool, but now lives in Lon-
don ; knew Mrs. Bayne before her marriage ; the intimacy be-
tween Miss Dean and Mr. Bayne commenced in 1798; witness did
not know that it was a marriage of great reluctance on the part of
Miss Dean ; had never heard so from Mr. Bayne ; knew that they
were separated for a year in the %Vest Indies. but did not know on
what account ; believed Mr. Bayne was during this time at New
Providence. and Mrs. Itayne in one of the out-islands ; was not on
bad terms with Mrs. Bayne, hut did not visit much at the house of
Mr. Bayne during the last year and a half, because there was a
sister of Mrs. Bayne's there.
Miss Ann Harrison—Visited Mr. and Mrs. Bayne; prior to
their intimacy with Mr. Mason they lived very happily together.
Mrs. Williams had known Mr. and Mrs. Bayne for eight or nine
years ; visited them frequently ; had known Mr. Mason about a
year and a ha:f. Witness returned from the Bahamas about five
years ago ; knew Mr. and Mrs. Bayne there; witness considered
Mr. Bayne as kind a husband as she ever knew. Mrs. Bayne is a
tine looking woman. Witness recollected taking her niece to
Gravesend ; Mrs. Bayne went with her in the chaise, and Mr.
Itayne went by the steam-vessel ; when the chaise left witness's
house Mrs. Bayne desired the post-boy to stop at the first two.
penny-post office he pawed ; he did so, and Mrs. Bayne gave him
a letter to put into the letter-box. They proceeded to Gravesend,
where they arrived on the Saturday. They went to a tavern, where
they remained till Monday. at which time Mr. Bayne left them,
having previously taken a lodging for them for a fortnight, Mrs.
Payne having expressed a wish to remain there for that period, that
she might take the benefit of the warm-bath. Mr. Bayne had se-
ceded to this proposition with great readiness. On the Friday
week after they had been there, Mrs. Itayne expressed a wish to go
and see the steam-boat come in, as perhaps Mr. Bayne might crime
down. Witness declined going, and Mrs. Bayne went alone. She
returned apparently disappointed, Mr. 11. not coming. Mrs. Bayne
went to meet the vessel again on the Saturday, and again re.
turned without dlr. Bayne; but in the course of the evening Mr.
Mason arrived. On his arrival he said it had been the intention of
Mr. Bayne to come down with him, but particular lUSIDOSS had
prevented him. At first, as Mr. Itayne was prevented ruining, he
had determined not to come, but afterwards changed his mind. and
determined to come down and accompany them to town on the Mon-
day. At first it was proposed that Mr. Mason should go to the
tavern to sleep, but the woman of the house said she could accom•
misdate him with a bed. After they had supped witness observed
she was sleep), sad asked Mrs. Bayne to go to bed ; aimPllkes
Berne said she would go immediately ; and witness wept up stair,,
and was followed won after by Mrs. Bayne. During this night it
appeared that the witness, according to AITP. Bayne's account, slept
with unusual soundness, so as rot to hear the large door bell ring
during the night. On the Sunday evening the same. conversation
took place shout going to bed, and Mrs. Bayne again followed the
witness in a few minutes. Witness awoke about des -break on the
Monday morning, when she missed Mrs. Bayne from the bed.
Fearing Mrs. Bayne might have been taken suddenly ill, witness
went down to look for her, but could not find her. Witness saw
3lrs. Bayne's cloak on the wife ; and on her return up stairs she oh.
served Mr. Mason's door a little open, and heard two persons tslk-
, ing in a low tune of voice. Witness went to her own room and sat
down with her cloak on, and !teeing sat a little while saw Mrs.
Bayne come along the passage and enter the room. Witness said,
Oh, Mrs. Bayne, where have you been?" she seemed much con-
fused ; wi:ness remonstrated with her on her conduct. They came
to town that day. Witness objected to travelling with Mr. Mason,
and at first refused to come down to breakfast, asking Mrs. Bayne
hew she could expect that she would go to breakfast with a man
'Moment know she had seen her conic from his room that moraine '
Mrs. Bayne assured her that Mr. MANOR was ignorant of that cir-
cumstance, and entreated witness to breakfast and travel with them,
otherwise all would be betrayed to Mr. Bayne. This was in No-
vember, and write time after Mr. Bayne made inquiries of witness
as to what she knew of Mrs. Bayne's conduct.
Cros,examineel.—Could not say how long after it was that Mr.
Bayne this inquiry. Witness had not been friendly with
Mrs. Bayne for five months. Mr. Mason was, as witness sup-
posed, Knout 2:1; he lived with his mother. Witness was a
married 'Herten ; could not recollect the year she was married ;
lit was about eight years ago. Witness bore the name of Wil-
liams twelve months before she was married. Had rather
not say where she was married. Witness is separated from
her husband. Knows that Mr. Bayne was at Margate the
year before. Mr. Bayne was with her some part of the time.
Was not intimate with her then. Now knows, in consequence of
Mrs. Bayne having told her so, that Mr. Bayne was not with her
all the time, and that Mr. Mason was with her some part of the
time. Visited Mrs. Bayne some months after their return from
Gravesend. Does not recollect any conversation in the bed-room
between here& and Mrs. Bayne, at Gravesend, about Mr. Mason ;
there might have been some conversation, as Mrs. Bayne frequently
talked of him. Never heard Mr. Bayne say any thing about Mr.
Mason's conduct with his wife, previous to their going to
Gravesend.

111 r. Slater, the Attorney to the plaintiff, produced a letter found
by hint idler Mrs. Bayne had, by Mr. Bayne 's direction, quitted
the house.
Mr. Legge, father-in-law of the defendant, proved the letter to
he the hand-writing of his son-in-law. The defendant was about
M; he had no property.
The letter was read, and spoke of the high regard and respect
which the writer felt for Mrs. B. and endeavoured to reconcile her
to certain secret arrangements, which circumstances had obliged
them to adopt.]
Susannah Norton.—Lived housemaid with Mr. Bayne in 1822.
!lad seen .Ir. Mason there frequently. Witness went into the
parlour unexpectedly one day, and saw them sitting together on
the %Dia; M re. Bayne appeared much confused. Ihi one occasion
witness passed the back parlour door, and saw Mr. Mason and
Mrs. li. standing near the fire, and 3lrs. Bayne's arm was round
Mr. Mason's neck. One morning witness thought she heard her
mistress's bed-roont bell-ring, and went up stairs. krocked at the
door, and entered immediately, as was her usual custom. Mrs.
Bayne malted towards the door, and pushed witness back, telling
her, at the sante time, that if O'er ►he did so again she would turn
her out of the house immediately. It'itness used to sit in a little
adjoining her mistress's &casing-room, at her needle. work.

The ,471/;111%. 111;11.1 for dinner was one of clock. 3lrs. Bayne used
frequently to send her (the witness) down to dinner; and as soon
as witness came down she hail frequently heard 31r. Mason go tip.
There was a bed in the droisirg-rootti' and frequently, when wit-
tie,. first went up, after dinner, she used to see it much tumbled.
and Mrs. Bayne used to desire her to put it to rights. Mn. Bayne
used frequently to write in her dressing-room, ilesirir;,• witness to
keep winch on the stairs; and sometime. witness !lbw her pull Mr.
Mason's flaps of his coat, and give him the note. Al'itness re-
ci Neils on one occasion Mr. Mason was unwell; he used at that
time to sleep in the house; witness WAS unwell also, and was going
to her own room, which was new Mr. Mason's. Saw her mi.-
tresi go into Mr. 31ason's room and shut the door; she remained
there above an hour. Witness had seen 31ts. Bayne at the door of
3I r. Mason's room in her night-gown in a morning, and had seen
her come out of the room at half last seven or eight o'clock. It
as 311. Payne's custom to rise about six, and go down into the
back parlour to write. Once Mrs. 11. was coning out of Mr.'
F 154111.111 rtioni,and saw witness, upon which she went back and shut
the door.

Cross-examinett—Was not on bad terms with Mrs. Rayne.
She left her service shout 141111 r tea, but on her quitting the house,
Mrs. Bayne said it was all nonsense, and desired she would say
nothing about that, or any thing else. It was soon after witness
was going into the bed-room that she was discharged ; did not tell
Mr. Itayne till she was sent for; did not tell any body. The cook
and she used to talk it over; did think herself ell-treated, to be
wrongfully accused and turned away. Never heard her mastic and
mistress quarrel.
Elizabeth Shepherd lived eight years and a half servant in the
family of the plaintitl, who was a very quiet man ; he used to dine
and sup at home generally.
Cross-examined.—Went to live with Mr. Boyne in 1010;