The Sun.
London, England, 1855-12-03 00:00:00

LAW INTELLIGENCE—(This Day.)

COURT OF COMMON PLEAS.
(Before Mr. Justice Crowder and a Special Jury.)

HAWKER V. SEALED BART.-CRilt. COL

This WM an action brought by the plaintiff to recover
damages of the defendant for criminal conversation with

his wife.

The Attorney General, Mr. Collin, Q.C., and Mr.
Hawkins appeared for the plaintiff ; Sir F. Thesiger,
Mr. Slade, Q.C., and Mr. Karslake, for the defendant.
The Attorney-General, in stating the case, said the
plaintiff brought this action not so much for the purpose
of obtaining damages as to enable him to obtain a final
separation by divorce. In this case the plaintiff and
his wife had not lived happily together, both possessing
irritable tempers, and the consequence had been a sepa-
ration. A reconciliation afterwards took place, which
ended in another separation. He should be able to
show them, although the parties were separated, that
the wife possessed some affection for her husband up
to the time of her acquaintance with the defendant, when
that love and affection became obliterated. The plaintiff's
wife was a Miss Polking, born a lady, of much beauty
and personal attractions, and was a widow when mar-
ried to the plaintiff. Her first husband was Captain
Murray, son of Lieut.-General Murray, who was killed
in action. The defendant was a gentleman of some dis-
tinction, residing at Mount Boone, near Dartmouth,
and was a married man, with a family. At the time of
the intimacy complained of the defendant was at Ply-
mouth, attending to his duties as an officer of militia,
and the plaintiffs wife was residing at Plympton, about
two miles from Plymouth. The learned gentleman,
having detailed the circumstances he should lay before
them, called the following evidence :
Mr. John Williams deposed he resided near and-
leigh. The plaintiff was a respectable gentleman. In
1851 he married Mrs. Murray. Plaintiff is about 26
years of age. His wife was the widow of Captain Mur-
ray, son of General Murray, and was a lady of much
beauty. The plaintiff was 22 years of age when be mar-
ried. They lived happily together for some time. After
that they disagreed about trifles, and he was appealed
to. The wife left her husband for a day or two, and
then returned. He was appealed to on one occasion to
interfere. No separation took place, nor was any deed
suggested to be drawn up. He thought they would
continue to live together.
Cross-examined—He was not present at the marriage.
He thought there was a quickness of temper between
them. In February following, in consequence of a mis
understanding between them, he was called in. He did
not know if it was in consequence of Mr. Hawker's
violence she had been obliged to escape from him. Thi
was in February ; ho was called in also in December
She did not then complain of violence. The plaintiff
was articled to Messrs. Lockyer and Bulteel.

Mr. George Herbard Gyton proved the registry of
marriage of the party and his wife, at St. Mary's Church,
Marylebone, on 9th January, 1851.

Mr. Francis Bulteel, solicitor, of Plymouth, relative
of the plaintiff, proved the handwritings in the registry
were those of the plaintiff and his wife. They lived hap-
pily until 1854, when the plaintiff and his wife were
separated in consequence of rumours. He suggested to
the plaintiff a deed of separation, which he strongly ob-
jected to. (A letter from the plaintiff's wife, dated 7th
March, after their separation, was put in and read. It
spoke of her affection for him, and entreated him to live
with her again.) The plaintiff amused himself with
shooting, fox-bunting, and other hunting. He resided
with his mother about two miles from Borrington
Villas, where his wife resided since her separation.
Roger Jervis, landlord of the Borringto❑ Arms, near
the Villas, deposed
.he was acquainted with Mrs. Haw-
ker by sight. She came to live there in March 1854. His
house commanded a view of the one occupied by Mrs.
Hawker. He knew Sir H. Seale ; he used to put his
horse up at witness's house and then go to Mrs. Hawker's
house ; he might have done so seven or eight times ; the
first time he knew the defendant was when he saw him
at Lord Morley's at a dinner, when ho acted as waiter
there. He saw the defendant on one occasion leave Mrs.
Hawker's house about 6 o'clock in the morning ; when
he put his horse up he used to come for it about 12
o'clock ; on one occasion the horse remained all night
and till 11 or 12 o'clock the next day ; the defendant
came for it; his house was about 20 yards from the
railway station ; on the occasion of the defendant's visits
Mrs. Hawker's servant generally came fora bottle of
wine ; she has done so at other times ; once the
defendant told witness that he was going to dine with
Mrs. Hawker, and if he was not back by a
,certain time
his horse was to be bedded up for the night. The horse
was bedded up, and the defendant came for it the fol-
lowing morning. These visits spread over about six or
seven weeks.

Cross-examined—Mrs.Hawker came to live at Borring•
ton-villas in March, 1854, and remained there about 12
months. He recollected General Murray's son and an
officer who kept company with Miss Polkingham, who
resided with Mrs. Hawker, being on a visit there. Both
She gentlemen slept at his house. About five or six
months since a detective policeman, whose name he
forgot, came to his house and made inquiries. A month
since Mr. Lockyor, the plaintiffs solicitor, came to him.
These were the only persons who had made inquiries of
him.
Henry Pugh, porter at Plympton station, deposed
seeing the defendant in the summer, 1854, arrivtibythe
train and go to Mrs. Hawker's residenc
never seen
e. He some
times came by the 9 o'clock train. He
him go back by the train. He had carried a
and other things for the defendant from had
tb portmanteau
station to
Borrington Villas. He arrived by the
He saw the
9 o'clock a.m.
train when he carried the
n portmanteau.
Noodaford-lane ; they
t
defendant and Mrs. Hawker in
(Laughter.) Both
were talking together and smoking.
were smoking. (Renewed ols
laughter.)
ned—That was about four or five o'clock
Cross-exami
in the afternoon ; there was the same entrance gate for
the two villas.
Re-examined—Mr. Norrington, an independent gen-
tleman, resided at the other house. He always took the
things for Sir H. SeAle ; it was at Mrs. Hawker's.
Elizabeth Spurling, in October, 1854, lived at No. 6,
Westlioe-terrace, Plymouth, and let lodgings. She (wit-
ness) knew Mrs. Hawker ; in the early part of October,
1854, she took the house, she was accompanied by
missPolkington, her sister, who remained about a week.
she continued to occupy the house until March of this
year. On the ground-floor was a dining-room and a
drawing-room ; on the first floor Mrs. Hawker's bed-
room, an upper drawing-room, and what we called Sir
Henry's dressing-room. There was a passage between
tho upper drawing-room and the bed-room ; the dress-
ing room adjoined the drawing-room. Witness occupied
the attics. The dressing-room door was about seven feet
from Mrs. Hawker's bed-room door. The second floor
was occupied by Sarah Peen, Mrs. Hawker's
hseelre-
'rant, who waited upon her mistress the
1 time Mrs. Hawker resided there. Witness khnir7, tahre
Al
fie
r s.
defendant who called the first day of
She .
tawcame she
rival at West Hoe Terrace. When
said in all probability a gentleman would would call in herin
the afternoon, ho would be a middle-aged gentleman.