The National Register.
London, England, 1821-12-09 00:00:00

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Epping Forest, lie met the plaintiff, who oil hearing that
his wife had miscondected herself with the defendant,
Was endeavunting to eel some imclligenee wills respect
to her residence. A gonversatiom formed, and Mr. Mae.
donal, the medical gentleman, knew that the lady was
Mrs. Primington. He recoil civil having attended her
when she was under the protection of her husband. Im-
mediately after Mr. Pennington obtained clear proof of
his wife's infidelity, Ise commenced proceedings which
terminated in the inquiry before the jury this &iv.-
Within forty-eight hours after Ise hail brought his action,
the defendant had the iniputlence, as well as the cruelty,
to sue the injured husband for a pretended debt of II 11.
for necessities supplied his rune children whilst the site
had been living with him, without the least knowledge"a
the loan of the linsbaud of the fact. The jury might
picture to themselves what at be the feeling of a bus-
baud ellen he found himself arre.ied by an adulterer, tnr
so large a sum as II iI. This being Ilse nature of the care,
lie had only to say a few woods on the subject of the in•
quiry. He had said in the 'inset, that the parties were
not living together, and it had been a question of slight
importance, whether an action of this description could
be maintained by a husband separated hem his wife.—
He was of opinion the action might be sustained. but the
Learned Judge would nut decide that question. If the
decision should be against the plaintiff the defendaut
would escape; but hi case the action was maintainable,
the jury would not only leave him to the compunctious
visitongs of conscience, but say what damages the plaintiff
was entitled to receive. They would consider the de-
fendaut standing in the situation of a false friend, and
the plaintiff the lather of the four children:—damages to
a large 'mount would be no compensation for the wound
inflicted upon 1114 clieut. The Learned Sergeant then
called his witnesses.
John Killington was present at the marriage of the
plaintiff and his wife at Paddington church. He gave
her away, He visited after they were married. They
appeared to live happily.
Air. Raymond, the Parish Clerk, produced the Register
of Paddington Parish, by which it appeared that the
plaintiff and Miss Alwin were married ua the 19t14 of
January, 1806.
Lieut. Franklin of the Royal Navy, said he bad been
acquainted with the plaintiff from his Watley. In 1811.
about three years after his marriage, he visited him, and
no couple could appear to live happier. Mr. Peaminglon's
conduct was that of a regular decent man. Mr. P. at
this time was about 45. They had four children living ha
the house.
Mr. Francis Alwin, the brother of Mrs. Pennington.
said his sister was about 21 when she married. Mr. P.
was about 35; he was a coal-merchant. His family con-
sisted of four children, two boys and two girls. The
youngest of the girls was named Ellen Lowe Pennington.
Mr. Lowe was teacher at the school where witness was.
Some time after witness left school he met Mr. Lowe at
Kennington and renewed his intimacy. He introduced
him to his erother and sister, and his visits were conti-
nued so the time of the separation. Mr. and Mrs. Pea-
ninelon lived happily together. He had seen Mr. P. in-
toxicated, but very seldom. When they separated, it was
the separation of persons who appeared to wish to come
together again. Mrs. Prnaington resided with the wit-
ness after the separation, and removed to Densaue-place.
His father died a year after the separation. Mrs. P. then
lived with her mothex, at Woodford, &boat twelve months
after she left her husband. Soon after the father's death
the plaintiff wrote a letter to bring about a meeting with
his wife. His object was to live with her again.
Ann Litter said she lived at Wanstead. Mr. Lowe, in
August, 1820, engaged apartments iu her bowie. It was
the 12th of August. He took possessiou a week after.
He took them as a married man. He came alone to take
the lodging, and a week after he brought Mrs. Lower as
he called her. He also brought a child, whom he galled
Ellen. They slept together, and passed 10f man and wife.
He came occasionally, and they went up stairs together.
to one room. In September she was delivered by a medi-
cal man, named Macdouel. The little girl. Ellen, was
between four and five years of age.
Cross-examined by Sergeant Rusanquet.—The witness
never saw them in bed, but she saw him go out of the bed-
room in the morning. after remaining there all night.
Mr. Alexander alacdonal, is surgeon at Wanstea4lr said he
knew Mr. Lowe. He epistler' to witness. about the month
of September, MO, to attend a lady, whom he called
Mrs. Lowe. That person was delivered of a child, a girl.
The witness undetstuod the lady was his wife. The wit-
ness had seen the lady before but at first did not know where.
lie saw the child Ellen. tie met Mr. Peaaingtoa, in Iv.
lauary or Maich last, ill true Forest, going to Wanstead.—
The witness recollected the lady ties Mrs. Pennington of
Banksider he had formerly attended the family, his the ab.
senee of Mr. Blown, a medical man iu Blackfrianeroad.
This was the pl case.
Mr. Sergeant Vaughan then addressed the Jury, bet de.
chned calliug witnesses.
Chief Justice Dallas, having adverted to the facts of the
ease, observed, that the uniform good behaviour of the
plaintiff to his wife had been proved by all the witnesses.—
At the same time the Jury had to consider whether the Or-
comstance of leziring u wife exposed to the attacks of other
inen did not "educe the claim to damagrs
The Jury retired from the box, and all their return found
a verdict for the plaintiff—Donage, 2301.
WEDNESDAY, DEC. i.

STAFFORD V. lIASISTOX.

This was an action brought by the Commissioners of
Sewers, so try the liability of the defendant, who resides
•ear Knightsbridge, to pay his proportion of rates for
making and cleansing the Knightsbridge and Hrompton
sewers, which run tin tough Hyde York. The cause had
been opened, and two witnesses earns ii iii ed, when Mr.
Langley, of the Edgeware•road, a gentleman between Mt
and 60, who was on the Special Jury, was taken ill. He
left ti a box, and endeavoured to recover Ii i iii self SUM-
ciently to lies his situation,but was unable to act again
as aJaror.
The learned Judge, with great humanity, dispensed
with the gentleman's further attendance. His age and
infirmities made bins wholly unfit to serve as a Juror.
Mr. Sergeant Lens, Counsel for the defeudant, then
offered to proceed with the eleven remaining Jurors, but
Sergeant Hullin:, who conducted the plaintiff 's case, re.
lased to agree to that proposal.
The Judge said he c.juld slut go on after the refusal of
the plaintifi to proceed.
Chief Justice Dallas then ordered the Joey to be dis.
charged, slier some conversation between Counsel, the
cause was ordered to be made a remanent for trial at the
sittings otter neat Terri.



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