The Sun.
London, England, 1855-12-04 00:00:00

THE CASK OP ALICE GREY.

STAFFORD, December 3.—This person, who has as-
sumed several aliases, and who has figured in various
parts of the country during the last few years, in bring-
ing false charges against individuals, and causing several
to be imprisoned, was, it will be recollected, recently
committed for trial, on a charge of perjury, having given
evidence against two boys, named Parry and Randle, at
the October sessions, at Stafford, in consequence of
which they were sentenced to twelve calendar months'
imprisonment, on a charge of having robbed her. A
good deal of excitement had been occasioned in antici-
pation of the trial of this female. Mr. Huddleston and
Mr. Scotland were engaged to conduct the prosecution ;
and two learned gentlemen were also engaged for the
defence of the prisoner. In the evening the grand jury
entered the court, and, to the evident astonishment of
all present, the bill against Alice Grey declared by the
clerk of assize to be ignored. Shortly afterwards, on
the grand jury being discharged, Mr. Scotland said be
had the honour to appear as the representative of the
Attorney-General in the case of Alice Grey, in which
the grand jury had thrown out the bill. He had tele-
graphed to London to that effect, and it might be neces-
sary to frame another bill of indictment against her to
be sent before a grand jury of the county, and he begged
to ask his lordship not to discharge her until the end of
the assizes, or at any rate that she should not be dis-
charged at present. His lordship, on looking over the
depositions, would exercise his discretion in the matter.
He (Mr. Scotland) had carefully looked into the case,
and bad directed the attorney to telegraph to town, and
if his opinion had any influence that course would be
taken.
Mr. Motteram, one of the counsel for the prisoner,
opposed this application, saying he saw no reason why
so unusual a course should be taken because his learned
friend appeared for the Attorney-General.
Mr. Scotland said he did not put it on that ground,
but the Government bad, after carefully considering the
case, taken up the prosecution, and he thought his lord-
ship, after looking at the depositions, would probably
think it a proper case to prefer another bill of indictment.
At any rate, be trusted the prisoner would not be dis-
charged until he had had an opportunity of hearing from
town. _ . _

_ -
The Judge asked if Mr. Scotland could name any pre-
cedent? _ _ _

Mr. Scotland said it was frequently done ; and, in re-
ply to Mr. Motteram, said a new indictment might be
framed out of the same facts as those on which the pre-
sent charge rested.
Mr. Hill, the junior counsel for the prisoner, said the
prosecution had hal ample time to have prepared another
bill. _ _

-11 fr. Scotland. said it was impossible to have antici-
pated what Lad occurred. They were quite unprepared
for it. _ _

His Lordship raid that doubtless for some good reason
—though he must confess he did not know for which
reason—the grand jury, to his surprise, had thrown out
the bill. He had read the depositions, and was certainly
not prepared for such a result. He, however, saw no
sufficient reason why she should not be discharged—in
fact he did not see that he had any power to detain her.
If Mr. Scotland, however, could show him any precedent
before the court rose, he would be ready to consider it.
The court had not risen when our report was des-
patched, and nothing further up to that time had trans-
pired.

LAW INTELLIGEVC F.—Dec. 3.

COURT OF COMMON PLEAS.-

(Before Mr. Justice Crowder and a Special Jury.)

_ •
[A portion of the following appeared in our impres-
sion of yesterday.]

HAWKER V. BEALE, BART.-ORM CON.

Parin De Marchein—ln October, 1854, I was servant
to the last witness. I remember Mrs. Hawker taking
the house. Sarah Kean used to wait upon Mrs. Hawker,
and I assisted her. Sir Henry Seale came there the first
evening Mrs. Hawker came, and he did not come any
more for about a fortnight. He then came every day.
He used to come to lunch, and he usually dined with
Mrs. Hawker. He was in the habit of staying as late
as 12 and 1 o'clock. Ido not know that anybody ustd
the dressing-room. I saw Sir Henry's hat-box and port-
manteau there. They had his name on. There was
washing apparatus there. I know the water and towels
had been used, but I do not know by whom. Mrs.
Hawker called it the " dressing-room." I have known
Sir Henry take leave of Mrs. Hawker to go away at
night. Mrs. Hawker rang the bell for the servant, and
after that the door was opened, and I and my mistress
afterwards looked to see that the door was fastened. In
the morning I have found it unfastened. I have assisted
Sarah Kean in making Mrs. Hawker's bed, and
,from
the pressure on the pillows it appeared that two persons
bad slept ;n it. One morning I saw a red sash on the
bed, and Sarah Kean said it was Captain Murray's. I
have seen Sir Henry Seale wear such a sash as that.
Once when he dressed in the house to dine with Mrs.

Hawker, and again when I went to identify him. It was
the morning after I saw Sir Henry dressed for dinner
that I saw the sash on the bed. Breakfast, with two
cups, had been taken into the bed-room, and I should
think that there was enough to eat for three or four.
(A. laugh.) I have seen Sir Henry three times in Mrs.
Hawker's bed-room. Once when I went to close the
attic window. I have seen him frequently come out of
Mrs. Hawker's bed-room, and I have heard him in the
room talking at two o'clock in the morning. I heard
a gentleman's voice in the bed-room. No other
gentleman ever called but once. Mrs. Hawker gave
orders that if any gentleman except Sir Henry called
she was to be not at home. Saw Sir Henry standing by
the fire-place in the bed-room. Mrs. Hawker was si-
ting in an arm-chair. She rose and went to the bed-side,
and he followed her. There was fire-light, but no candle-
light. I saw something improper between their. One
night Mrs. Hawker let Sir Henry out, and they kissel
before Sir Henry left. I saw them kiss also in the
drawing-room. I saw Sir Henry once leave at eight or
nine in the morning. He came down stairs. I had not
seen him come that morning, but he had been there as
late as 12 on the preceding night. When Mrs. Hawker
kissed Sir Henry on leaving, she said, " Harry, dear,
how long will it be before you are back ?" and he said,
"About half an hour," and he did come back to tea.
Sir Henry has told me not to let anybody in at the front
door, but we were to look up the area, and to see who
was there. I remember the quarrel between them.
Mrs. Hawker went away, and Henry, before he left,
wrote a letter, and I looked at it.
The Attorney-General—How did it begin.
Sir F. Thesiger objected to this evidence, and it was
withdrawn.
Witness continued—After Mrs. Hawker came in, Sarah
Kean went out and brought back Sir Henry. Mrs.
Hawker was looking through the blind to see them when
they came. Mrs. Hawker's sister caine with her, but
went away before Sarah Kean and Sir Henry came back.
I have subsequently identified Sir Henry Seale, when
Ambrose went with me. I had no doubt he was the
gentleman whs had visited Mrs. Hawker.
Cross-examined—l did not know it was Sir Henry
Seale until three months after Mrs. Hawker came. I
saw the sash upon the bed after I knee it was Sir
Henry Seale. It was 11 o'clock in the morning, and
the sash was hanging on the side of the bed. On the
night when Sir Henry was in regimentals, the bell rang
for Sarah Kean. I went on pretence to lock the area
gate, and to look to see if anybody went out. Nobody
went out. It was the same night that I saw the scene in
the bedroom. He was in regimentals. The door was
partly open. It was between 6 and 7 o'clock. Seeing him
standing by the fire-place, I stood at the door. Mrs.
Hawker went to the bed, and I looked on. I did not
cough or do anything to annoy them, or smile as I do
now at the recollection of it. (A laugh.) I saw criminal
intercourse between them. I stayed till they came out
behind the closet door, and when I heard them corning
out I went into the closet. My observation lasted a
quarter of an hour. I was dreadfully shocked. I was
ashamed to tell anybody of it. When I went down my mis-
tress found fault with me, and wanted to know where I
had been all the time, and I said, " To look at the fires."
The first person I told of it was my mistress, and she told
the detective. I never told anybody of it till last week. I
came up to Plumstead with Mr. Crook, the brother-in-law
of Mrs. Spurling. When I left Plymouth I went into ser-
vice at Devonport. I came up to Plumstead about three
months ago, on account of this business. Mr. Crook has
supported me since. I never told anybody I was to have
1003. ; but Mrs. Townsend, with whom I lived at Devon -
port, told me I was to have 1003. in this business. Before
that I had never told anybody what I had seen. I saw
the detective at Plumstead. When I saw Sir Henry
kiss Mrs. Hawker at the street door I was at the top
of the kitchen stairs. The hall was lighted with gas,
and I was not far from them. When I saw them kiss
in the drawing-room I was coming down the stairs, and
the door was open, so that I could see. What I had seen
in the bed-room I knew was improper for a married
lady.
Sir F. Thesiger—Or for a single lady. (A. laugh.)
Re-examined—ls this the detective you mean ?
Witness—Yes.
The Attorney-General —That gentleman is Messrs.
Surr and Gribble's managing clerk.
Witness continued—That gentleman has not said any-
thing to me about money, nor has anybody else, except
Mrs. Townsend.
Benjamin Ambrose—l am a process-server for the
County Court of Devonshire. I took the two last wit
nesses to see Sir Henry Seale where he was on duty. I
have served Sarah Kean on two occasions with sub-
'scenes to appear here.
Sir F. Thesiger—And she is here, is she not ?
Witness—l believe so. (Laughter.)
This was the plaintiff's case.
The Attorney-General, in summing np the evidence,
urged upon the jury that it was clearly shown by Mrs.
Hawker's letter that the insinuation which had been
made, that she bad been compelled to leave her
home through her husband's ill-treatment, was entirely
false. That letter, to which he had already referred, he
would now read fully ; it was as follows :
" My dear Johnnie, —lt is useless my saying I will
not write to you ; I cannot help writing to you to en-
treat you to live with you, I am so very wretched. I
hardly think you would persist in refusing my request if
implore
that see my sorrow. Once you wrote to me to
that I would return to you, or you should go mad. I do
say that, but I beg you to forgive me, and have mercy
on me, and come to me. Be generous, dear Johnnie,
and forgive ; you shall never repent returning if you will
return ; there shall never be any temper again on my
part, and I will do all I can to make you happy, and to win
back the affection which seems gone from me. Do listen to
me, Johnnie, and believe me I am so miserable. Let us
meet, and never name the past. I am sure your mother
would rather we lived together than separate, if we lived
in peace and mutual forbearance. With regard to money
matters, I am sorry that your mother has had so much
to pay fi,r us, but for the future, if you will only live
with me, I promise on my side to be as prudent as pee-
sible, and if you made me an allowance for dress I would
not have any bills. I want to sell the little carriage, and
what I get for that would nearly cover the expense of
getting settled in this place, and I have not any other
bills, and never wish to have any again. Do, dear
Johnnie, come to me, and forgive me, as you hope to he
forgiven. I will do anything you wish. If you like, let
us sell everything we have and pay your mother as far
as we can, arid then, starting fairly, let us pray for God's
help, and the future may be very happy for us yet. I
do not expect you to love me as much as before, but
come and let me show you how I love you.—Ever your
affectionate wife, L. M. HAWKER.
It was a most unworthy insinuation, especially after the
temperate manner in which he had opened the case, and
they might allow him now to say, that if the case were
not an aggravated one before, it had become so by the
manner in which the defence had been attempted to be
supported. He could not help stigmatising the cruelty
of a man who could instruct his counsel to make such in-
sinuations, for which there was no ground, and which
Were of no weight as a defence to this action. Could it
be possible that his learned friend hoped to persuade
them that Sir Henry Seale had not had criminal inter-
course with the plaintiff's wife ? Could it be supposed
that Sir Henry would have visited a lady in her doubt
ful and ambiguous position, living apart from her hus-
band, except for some improper purpose ? and there
was no doubt that he had visited her at late hours in
the night. What business had he there? He was no
early friend of hers nor of her husband's ; nor was
he ever heard of until suddenly he formed INTrs. Haw•
ker's acquaintance, and then lie was continually with
her afterwards until twelve or one in the morning,
and no doubt during many a night; and if lie went out
the question was, " Harry, dear, when will you be
back ?" If that were all the evidence he submitted it
would be amply sufficient ; but it was of a more positive
character; and if it could be shown by the defendant
that he bad not slept at Mrs. Hawker's, why was not
Sarah Kean called, who, if this statement were untrue,
could aronce scatter the foul calumny to the winds ?
He thought that he had a right to complain that, in-
stead of leaving to the jury only the question of damages,
which the plaintiff was obliged by law to recover in order
to obtain from the Legislature a final divorce, the de-
fendant had boldly come into court to deny the fact of
adulterous intercourse altogether, and it under the cir-
cumstances they should, as he confidently anticipated
that they would, be satisfied that adultery bad taken
place, they would think that the mode in which the de-
fence had been conducted was a gross aggravation of the
original wrong which had been inflicted upon the plain iii
by Sir Henry Seale.
Sir I'. Thesiger addressed the jury for the defendant,
but called no witnesses. He said that he was always
submissive to the lessons which he received from his
learned friend the Attorney-General in the conducting
of a case, for there was no better tactician than he ; but
lie must forgive him for saying that the reflections he
had made in reference to the manner in. which
learned
this case
had been conducted were quite unfounded. His earned
friend seemed almost to say that it was the duty of the
defendant's counsel not to question the sesacity of Vie
evidence offered in support of this charge. His it arned
friend had read Mrs. Hawker's letter ; but what had
been the conduct of her husband upon receiving that let-
ter? He was then living with his mother, a short die
tance off, watching her every movement, in the hope of
finding what might enable him to get his final divorce.
He was shooting, otter-hunting, and going to balls, and
showing that be was careless of his wife's feelings and as

to that re-union which his friend said had been inter-
rupted by the defendant. See how the plaintiff conducted
this case. He brought this action, and then he did a
thing unheard-of in cases of this kind— he came person-
ally into court, so that he might have the earliest infor-
mation as to his success in this proceeding against Sir
H. Seale. If all he wanted was a divorce, the smallest
amount of damages would be sufficient if an act of mis-
conduct on defendant's part were proved.
The Attorney-General intimated his dissent from that
statement.

Sir F. Thesiger said he knew of several cases of the
kind in which only 40s. damages had been given, and
in one case the damages amounted only to is. This was
a case of the last importance to Sir Henry, for he was
a married man, and a father, and he occupied a position
of considerable importance. He was, therefore, natu-
rally anxious that this matter should be anxiously con-
sidered by a dispassionate jury before they gave a
verdict upon it. Sir Henry was charged, not only
wish one of the highest offences against the peace and
well-being of society, but with what was also a
grave sin, and the only consolation he had was
that a conclusion would not be arrived at on light
and trifling grounds. In actions of this kind it
was their duty anxiously and carefully to watch the evi-
-1 deuce ; for the only defence that a person charged with
such an offence bad was, that the jury should carefully
scrutinise the evidence, and the character and behaviour
of the witnesses called to prove it. He submitted that
11 in this case there had been an enormous amount of fiction
I and exaggeration based upon a small portion of fact,
which might, in truth, amount to imprudence, but which
it was sought to aggravate into criminality. The learned
counsel then commented in detail upon the different state-
ments that had been given in evidence, and contended
that it was not sufficient to fasten this charge upon Sir
Henry Seale and Mrs. Hawker.
His Lordship read to the jury his notos of the evi-
dence, and left it to them to say whether the defendant
was guilty of the adultery ; and, if so, what was the
amount of damages to which the plaintiff was entitled.
The jury, without retiring from their box, gave a ver•
dict for the plaintiff. Damages, 1001.

Country Markets.

CHELMSFORD—Nov. 30.

At the commencement of business wheats were fully 2s
lower than last week, but as the market advanced prices
improved, and at the close a ere only is below those of last
week. Spring corn of every kind firm, excepting second-
rate barleys, which were is to 2s cheaper.
Wheat, white, old, per 8. s.
gr. 77 88
new 75 8(3
old 69 8
new 67 8i
Barley 34 41
Chevalier 36 44
Grinding 3l 37
Malt 72 76
Chevalier 76 80

red,

s. 5.
Oats, per qr 26 34
Peas, Partridge ... 42 46
White 44 66
Boiling 4754
Dun 41 44
Beans, Tick 43 48
Harrow ticks 47 49
Mazagan 41. 44
Ditto, new 42 45

COLCHESTER- DEC. 1.

Not a large supply of wheat, and the trade ruled firm at
fully last week's prices. Barley in good demand at is per
qr. under last Saturday's rates. Beans and peas unchanged
in value.

Prices to-da,ywere as follow :—Wheat, white, 843 to 909;
red, 80s to Bds ; barley, 40s to 46s ; oats, 30s to 329 ; beans
Mazagan, 46s to 48s ; middle and small, 50s to 565; peas,
white, 56s to 58s ; grey, 46s to 48s.

Official Statement of the Quantities of Corn, &c., received
in the port of London, from the following ports, from
the :6th Nov. to the Ist Dec., both inclusive.

-4.; p:, • • • .
"'" -4-.
''''
ca
agi
, A o a fr.,
--
Colchester .
Harwich l5O ( 256
Leigh
Maldon 11962? 278' 2351 196:1420