The Sun.
London, England, 1852-02-04 00:00:00

ourtb Zbition

SUN OFFICE, Seven o' Clock.

LINCOLN RACES.
(THIS DAY.)

(BY ELECTRIC TELEGRAPH.)
(Continued from our Third Edition.)
Tho Lincoln Handicap.

View Halloo
Hungerford
Lady Agnes
Lady Jersey

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The Selling Stakes.
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Dame Tattle
Volante

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Race disputed.
Steeplechase.

Little Queen ...
Ex-Minister ...

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Won easy.

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EXCHEQUER.—(T HIS DAY.)
(Sittings at Nisi Prius at Westminster, before the Loan
CHIEF BARON and a Common Jury. )
WITHERS V. POPLE.
This was an action to recover compensation in damages
for an assault.
Mr. Sergeant Miller and Mr. Miller appeared for the
plaintiff; and Mr. Humfrey and another Learned Gentleman
for the defendant.
In stating the case-to thgziaPt-Bstaijksimaciat Auer
the plaintiff, Ellen Withers verYliat.
unmanly assault committed upon her by the defendan,
under the following circumstances. The plaintiff was now,
in consequence of the misfortunes of her youth, excluded
from ordinary society, and, owing to the example of persons
who first led her astray, was in the habit of occasionally
attending then taverns which were unfortunately the haunts
of persons who indulged in dissipation and debauchery. The
defendant kept a house of this description in Bow-street; it
was a kind of " tap" or appendage to a tavern well-known
as the " Garrick's Head," and was what was called a " night-
house." On the evening of the 9th of October last she went
to this place for the purpose of meeting an acquaintance,
named Mrs. Wood. She had previously been in the habit of
going there to see Mr. Lacy, the defendant's predecessor in
the•house, who was a jobbing master, and let out flys and
other vehicles. She occasionally hired flys from him to go
to the races, and other places of amusement. The defendant,
on the evening in question, had been spending some; hours
at Cremorne- gardens, and on arriving home the plaintiff was
at the bar with some other parties. Some conversation
arose between them with respect to Mr. Lacy and Mrs.
Wood. It would appear that at this time the defendant
was in liquor, otherwise he could not account for his
brutal conduct. There, however, could be no doubt
that the plaintiff used some very improper language to him,
but the house was one in which language of that description
was too frequently heard and tolerated. Indecent songs
were also sung for the entertainment of the guests, and the
defendant permitted and indulged in such exhibitions;
therefore, whatever excuse a person of moral and regular
conduct might have for giving vent to his anger on hearing
disgraceful language used, it could hardly be said that
that excuse applied to a person like the defendant, who
kept a house of the description mentioned. When per-
sons found themselves in such abodes of vice, they were apt
to forget themselves and use language which otherwise they
would be ashamed of. The defendant desired her to quit the
house. She refused, and said he might turn her out if he
liked, whereupon he seized hold of her by the neck, and
thrust her out of the door into a filthy narrow passage which
ran by the side of the house. He here shook her violently,
and not content with that, threw her on the ground. She
was completely rolled in the mud, and had a new silk dress
and shawl entirely spoilt, and in addition lost
a valuable gold ring from her finger. The plain-
tiff did not attempt to justify the immoral expression
she applied to the defendant, but, though regretting her con-
duct in that respect, she said he was not warranted in using
such unnecessary violence. The question was not whether the
defendant was justified in turning her out, but whether his
conduct in doing so amounted to an assault at law, for which
a person was entitled to ask for compensation. He hoped that,
because the plaintiff had the misfortune to be sunken in vice,
and to be shut out from the society of her friends, and
that of the respectable portion of the community, the
jury would not shrink from giving her that protection from
violence and injury that they would to any respectable
member of the community.
The plaintiff was then placed in the box, she was young,
well-attired, and rather good-looking, and gave her evi-
dence with much sang-froid. Her account of the occur-
rence tallied with the statement of the Learned Counsel.
In cross-examination, she admitted that she slept with a
young lady of her acquaintance on the night of the assault
at a common brothel in Hart-street. She had been drinking
rather freely of wine, but was not intoxicated. She did not
like to repeat the words she used to the defendant, but he
ejected her soon after she uttered them. She instructed her
attorney to bring the action on the day following
the assault. She had seen him two or three times
previously at some hotels. She did not think she was
bound to answer wham Sticsiiiid met him at the Prince_of
Wales' Hotel in-akivatreet, Regidtt-ateeet;' Wad seen
ladies there, but not women of the town. She did not know
that.l it was a common brothel. He gave her a cheque,
which her doctor got cashed. She never said to a Mr. Van-
derstein, on showing him the cheque, 44 this is the way I go
to nor did she tell him that whichever way the
verdict went, her solicitor would hold her harmless.
Was she bound to answer whether he gave her any more
money? He might have given her a sovereign to pay
a cab
home. She might have received two sovereigns. She would
not swear: she cif not receive any more money. Ten
pounds was about the whole. She had herself paid her 10/.
to carry on the action.
Mr. llusiraey, for the defence, characterised the action
as one of the most extraordinary that had ever been brought
in a court of justice. The plaintiff was a rostitute, and the
action was evidently brought by the attorney for the sake of
costs. Such disgracefulproceedings
- of this kind were cal-
culated to throw discredit on the administration of justice in
this country, and scandal on the profession of the law. The
very fact of the plaintiff being ashamed to repeat her con-
versation at the tavern showed that the defendant was bound
out of respect for his own feelings and those of his customers
to remove her from the house, and this he did with no
more violence than was necessary.
The Learned JUDGE having summed up the case,
The Jury found a verdict for the defendant.

ar said

AMERICAN NEWS •
LIVERPOOL, WEDNESDAY,---Tho
ship Atlantic has just arrived with dates from New
American steam-
York to the 24th ult. She brings 20 passengers and
224,000 dollars on freight.
had
steam-ship America,
out 13 days from Liverpool, had not arrived at Halifax,
The Austrian Charge not
has withdrawn all
diplomatic intercourse with the American Government,
and has communicated his reasons for such a step to his
own Government.
President Filmore had been waited upon by a body of
deputation to request his interference
Irishmen, as a
with the English Government to procure the liberation
of Smith O'Brien and the other Irish political exiles.
The President, however, declined to ibterfere.
Jenny Lind has not arrived by the Atlantic.
market was easy,
The. money Government and State
110 i;
Stocks tirm an
sf. 15c. in dto sf, 15.emand. Bills on London, 109;1, to
Paris,
410.
Cotton without alteration. Sales for the last three
days, 5,300 bales; the quoted price for middling, 84c. to
9c. per lb.

IMPERIAL pAT-k-141AMENT,
(Tins EVENING.)

lIOUSE OF COMMONS.
The SPEAKER took the Chair a few minutos bofore
Four o'clock.

PETITIONS.
Mr, M. WILLIAMS presented a
J etition from a
place in Wales, praying that steps
person
be taken to
prevent the appointment of any
bishoprics who was not acquainted to Welsh
with the Welsh
language.
Sir WILLIAM SOMERVILLE presented a petitica
from Drogheda praying for the abolition
money in Ireland. of ministers'
THE KAFIR, WAR.
Sir WILLIAM MOLESWORTH
gave notice of his
intention shortly to call the attention et.
the state of our South African Colonies,
the House to
WOODS AND FORESTS,
Lord DUNCAN, seeing his Noble
Friend
.the First
Commissioner of Woods and Forests in
olgiven him
Land wished to ask him a question of which he bed hie place,
notice. He wished to ask him whether the
missioners of her Majesty's Woods, Forests, ree Com-
met to Par-
nues, &c., concurred in sanctioning all theperatements
Reve-
made in the Woods, Forests, &c. annual re
nas hers of
liament in 1851, and placed in the hands of
Parliament in December of that year; and, if
a,rect_also
that report to Parliament had been only sf,me.., 0,, why
instead of by the three Commissioners. gu'vvieuhey two
to ask whether the report was submitted to
the title he hand
nedy, and whether he concurred in it? "3- Ken-
Lord SEYMOUR, before answering the
questio
wished to correct his Noble Friend in
given to him. He was no longer the Chief Commissioner
of Woods and Forests, but the Chief Commissioner of
Works, as provided for in the Act of last session.—
(Hear and a laugh.) With regard to the signature of
the three Commissioners, his Noble Friend'
was aware that it was not necessary that three
Commissioners should sign any report to the Treasury,
and two Commissioners had always been considered
sufficient.—(Hear, hear.) It was usual, however, for the
three Commissioners to biota the report in this instance;
but Mr. Kennedy who had not signed the report Was
not a member of the Commission until six
months
of the year had elapsed to which the report
applied.—(Hear, hear.) It was true that Mr. Kennedy
did nut approve of some parts of the report,
butA never-
theless he had signed the accounts, which, after all,
proved the most important part of the report,—(Hear.
Lord DUNCAN gave notice that next week he
should move fur the production of any Paper which
Could explain the reason why Mr. Kennedy had not
signed the report.

THE CAPE.
Mr. ADDERLEY wished to ask the Under-Secretary
of ,State for the ColonieF, whether 3 petition has been
teoeiTed et the Colonial-efhoe from Palitibitibute of the