The British Press; or, Morning Literary Advertiser.
London, England, 1819-03-26 00:00:00

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YORK

WEDNESDAY, !MARCH 17.
Sittings at Nisi Prim: before the CHIEF BARON
and a Special Jury.

CRIM. CON.
THOMAS WILSON WINTER V. WALTON.

This was mu action in recover a compeowiiion in
damages from the Defendant, for the seduction of
the Mint-ill's wife.

Se,jrant Caws addressed the Jury on behalf of
the Mailitiff.

►llr. K. Harrison produced the copy of the re-
gister of the marriage of the Plaintiff, from the
parish church of St. Mary's, Hull. The marriage
was solemnized on the nth November, 1810 ; wit-
ness was present, the parties were young, cud nearly
of the same age, they ure at present about thirty
years of age. The Plaintiff is a timber-merchant,
residing at Hull, and carries on business to a con-
siderable extent.

'Fhe witness, on his cross-examination, said,. the
Plaintiff, at the time of his marriage, was clerk iu a
merchant's counting-housr, mud the Plaintiff's
father was book-keeper to • coach-office, in Hull.
The young lady had been on • visit at the father's
house, for some time previous to the carriage; the
Plaintiff, after his marriage begun business us a
timber-mercliont.

Elix. Hall has been occasionally employed in the
family of the Plaintiff and his father for twenty.
six years; had frequent opportunities o► witnessing
the conduct of Mr. cud Mrs. IVinter to each other,
which was always very affectionate. Mrs. IVinter
had three children before the separation took place.
and she has had one since. Mrs. Wititer's maiden
name was Barker, her father was a Mr. Maples, who
left her a large fortune, he died before she was
married. Witness said that she sometimes saw Mr.
Walton, the Defendant, with Mr.. Winter; and
that it did strike her as a little singular, to see Mr.
Walton there so often, but ah• ►►ever said any thing
about it. Mr. Walton is a young man, witness
does not think any thing about his being handsome,
be is rather ialligh.

Mrs. Ann Wilkinson stated, that her husband was
a merchant at Hull ; has known Mr. Winter and
his wile ever since thei► marriage, and has had fre-
quent opportunities of observing their conduct, and
it always struck her that they lived very happily to-
gether, and Mrs. Winter was a very affcctio►ate
tuother to her children.

Witness, WI her cross-examination, said, she never
obseried any change in the comluct of 11r. and
Mrs. Winter towards each other. Mr. Winter was
a very regular mail, and generally spent his evenings
at I l :e. ‘Vitcess has sometimes sera .Ir. Walton
at ,1r IVinter's when Air. IVinter was present, awl
sometimes dating his absence; witness thought it
rather strange that Mr. %Vahan should be there so
often, but she did not think that there wits any
Hoag improper- Mr. Walton first visited it Mr.
Winter 6 to the year 1817.
31rs. Allen as the wife of Mr. Allen, ship-owner,
in 111111, has known the Plaintiff and his wife six
years, was ntar neighbour to them, and was on the
mut intimate familiar terms with them, and Irons
rya ry uhserviition she could make, slit thought that
they lived hrppily with each other. The Plaintiff,
in his. condui t towards Mrs. Winter, was indulgent
and tender, who returned it with every appearance
of affectionate regard; her conduct towards her
children was also must tart:titillate, and witness
never saw any change in it towards her hit nail.
IVitners staled, that t‘%ii young Ladies paid it visit
fur some weeks at Ir. IVinter's, and that 31r. WO-
loam was t•!iele very frequently during their stay, amid
paid particular attention to one of them.
Witness WJ% cross-ermined by Mr. SCAIMETT.
Aim Morlty was servant iu old Mr. W-littro'o
:rad went in Nlarch, 11816, to live with the

young people. Mr. Walton visited Mrs. Winter
very frequently—every day, or every other day ; lie
used occasionally to dine there; and on these visits
Ale. Winter would frequently go to his counting,-
house and leave Mr. Walton in the house, and
the same after tea ; he also occasionelly staid ion-
iser, but always went easy about tens
When Mr. IVinter was at home Mr. Walton used
to walk with Nl's. Winter. and attend her to the
tatty. In the month of Mn, tele, Mr. Winter
was absent fur about three weeks. %Vows' then
procre-ded to state twos separate acts of adultery
committed by the Plaintiff, during the absence of
Mr. Winter. Witness did wit acquaiiit leer master
a ith the infidelity of his wife, :Ind the reason she
assigned for not doing it was. that she was afraid
he would not believe it. Slie said Mr. IValtuis
was a good tall man. Mr. Winter had • fortune
of about 14.0001. with his wife. Witness never
had any conversation with her master after lie came
home. Der master and niisttese were separated the
latter end of the last summer, and she has nut lived
in the house with her muster since sloe returned
from Scarborough. Witness said she made a me-
morandum of the time, when the two acts of mite-
tery were committed.
Mr. SCA RLSTT addressed the Jury on the part of
the Defendant, in a speech of great ingenuity.
The CHIF.F BARON said. the action was for a
compensation in damages, for the injury which the
Plaintiff had sustained in being deprived of the
comfort mild society of his wife, by the misconduct
of the Defendant. The acts of adultery had been
made out in evidence, and the only point which re-
mained fur the consideration of the Jury was the
amount of the conmsensation to be awarded to
the Plaintiff, and this was a matter tot culliely
within their province. Ile should there-Coe read
over his minutes of the evidence, and leave the
suhject of damages, without further ohs* nation,
to their decision. His Lordship then recap:to-
Weil all the evidence, except those puts *hick
related more initnediatcly to the criminal not re•
course between the patties, which lie said it
was unnecessary to repeat. Ile said th.:t un
creimivatice on the part of the Plaintiff heel been
proved ; how far there Mel been any want of cau-
tion, in leaving his wife exposed to the ft-repo-10
visits of the. Defendant, was for the Jury to deter.
mine; when negligence was proved to exist MI the
part of the husband, it operated in proportion to
its extent in diminishing his claim to any coos'.
derable damages. The Jury would consoler all
the circumstances of the ease, and award such
a compensation as they should think adequate to
the injury the Plaintiff had sustained.
The Jury retired for about :in hour, end on their
return into Court found a verdict for the Plaintiff
—Damages 1,5001.