The Sun.
London, England, 1852-07-29 00:00:00

MIDLAND ClRCUlT.—Warwick, July 23.
(Brforo Mr. Baron ALDEnSoN and a Special Jury.)
THE CASE OF THE LATE SO•CALLED BARONESS VON
BECK.—DERRA. DE MARODA v. DAwSON AND OTHERS.
This was en action brought by the plaintiff, private
secretary to the late so-called Baroness Vol Beck,
against George Dawson, lecturer; H. W. Tyndall, soli-
clear; Arthur Rylead, solicitor; and Richard Peyton,
for false and malicious imprisonment. In consequence of
the interest attached to the case, the court was crowded
to excess. Only six of the special jury answered to their
names, upon which a tales was prayed on the part of the
plaintiff.
Mr. Sergeant Miller and Mr. Field appeared as coun-
sel for the plaintiff; and Mr. Macaulay, Q.C., Mr.
Miller, Q.C., and Mr. Hayes, for the defendants.
Mr. Sergeant MILLER, in opening the case, said the
Plaintiff asked compensation for one of the grossest out-
rages which could be offered to the feelings of a
gentle-
man. He would proceed, in the first instance, to give a
history of the plaintiff; and, in the second, his connexion
with a lady, now in her grave, bat whose name was
mixed up with these proceedings. The plaintiff was
a native of Hungary, and the son of a gentleman
i
of a noble family and of distinguished positton
nn
tt
society. He was now about 31 years of age,
eduoated for the military service, bat in consequence of
illness took no part in the war of independence. The
f
father and family of the plaintiff bore to him the greatest
affection, and had supplied him with money for his sup-
port while in this country. fie mentioned this to refute
by his the calumny that he had been deserted
,family.
The plaintiff then travelled. 11l April, 1851, co left
Brussels, and on his arrival in London made the ac-
quaintance of tho late Baroness, who had then just
finished a work under the title of " Personal Adeen.
another work,
tures of a Lady during the late War of Independence in
Hungary." She was then about to publish
and by an introduction from Mr. Bentley, the publisher,
he had an interview with her a, her residence, in the
neighbourbood of Soho-square, to solicit her autograph
for a lady in France, who had requested him to obtain
it. On seeing her a second time, the Baroness solicieed
him
accompanye her to Mr. Lawrence, the American
purpose of soliciting th© appointment
of
to
r ind f(th
Dr. Cluck) as physician to the American
friend
eMinister,
for
embassy. He accompanied her, but there being
no such situation as physician to the embassy, the ap-
plication failed. The Baroness was then in a state of
great destitution, and Do Maroda having then received a
remittance from his family, by whom, it was stated, he
had been deserted, he lent her the small sum of 51. The
plaintiff subsequently
Ramsgate, in order to p
raecscso m
uponpan ime dr.
Gt haer vße
ye rt oh ne etsrsa n tso.
lation of her new work; and finding that, in the first
instance, she had not proceeded in the best way to secure
an adequate remuneration for her first publication, it
was determined to publish the second by subscription.
The
publication was undertaken by Mr. Gilpin, the re-
spectable publisher of Bishopsgate-street. The plaintiff
andthe Baroness having received introductions from Mr
Gilpin to various respectable persons in Birmingham,
they loft London for that town, where they visited Mr.
Dawson and Mr. Tyndall, two of the defendants, and
the former gentleman paid a subscription of
24e. for her new work, and to the plaintiff De Ma-
roda 245, The Baroness and the plaintiff at that
time stayed at the Clarendon Hotel, but in consequence
cf the Baroness's alarming illness, and the pressing invi-
tation of Mr. and Mrs. Tyndall, they removed to the re-
sidence of the latter gentleman at Edgbaston. The
plaintiff was fond of music, and while at Mr. Tyndall's
house was accustomed to play on the pianoforte for the
amusement of the family and their friends. On the 29th
of August, Mr. Tyndall had a soiree at his house, and
while partaking th© defendant's hospitality, he we;
called by Mr. Tindall out of the drawing-room, and
delivered into the custody of two police officers. One
of the officers, named Tandy, not a very gentlemanly
character, dragged him along the hall, without his hat,
and, in answer to inquiries from the plaintiff, declared
" that he was worse than a thief, he was an impostor."
Tne Baroness was removed to prison in a similar way.
The plaintiff would give them the particulars of what
occurred at the prison. (The Learned Sergeant was
proceeding to enlarge upon the treatment received by the
Baroness Von Beck, when the Judge objected to the suf-
ferings of the Baroness being introduced for the purpose
of increasing the damages sought to be obtained by the
plaintiff.) The Sergeant said, the cares of the two indi-
viduals were so mixed up together that it was impossible
to separate them. There would be two points for the
consideration of the jury: First, was there any reason-
able cause for the imprisonment of the plaintiff ; se-
condly, was there any malice shown by the defendants?
It was for the purpose of proving the latter that ho
called the attention ef the Court to their treatment of
the Baroness Von Beck. The question was, whether
there was any shadow of a charge of false pretence in
lactivten the 1/. 4c. from Mr. Dawson for the proposei
work, and whether there was not subsequently malice
exhibited by the defendants. The Sergeant next de-
ecribed the scene at the Birmingham Police-office when
the Baroness Von Beck died upon the fluor of as ante-
room, and when, after her death, an attempt was made
to blacken the character of the plaintiff. Is would, no
doubt, be said, that the name of the deceased lady
was not Von Beck, but Recidule, and that the was no-
thing more than a spy in the Hungarian service. He (Ser-
geant M.) would call before them officers of high posi-
tion in Hungary who would prove that she was net an
impostor, but what she represented herself to he, and
that the proceedings agalnst her and the plaintiff were
dictated by malignant feelings. He would put De
Maroda himself in the box, and he would give them the
history of his life.
Baron ALDERSON—The question is, was there a false
pretence made in obtaining 213. from Mr. Dawson?
Whether the deceased woman was Racidula or Von
Beck is nothing to the plaintiff.
Sergeant MILLER—The law had been outraged from
vindictive motives. He trusted the jury would therefore
• Lot measure with nigger: hands the amount of dame.ges
they would award the plaintiff. The country had been
disgraced in the eyes of Europe by these outrageous
prcceetling3, and he hoped the jury would on this °ma-
dion vindicate the British character.
21r. W. H. Gem, magistrate's clerk, produced the in--
ferrnation upon which the warrant against the plaintiff
and the Baroness was Vatted, but he could no, prove
the signature of the defendants. Ho had not the
warrant.
Inspector Tandy, of Birmingham—l wee a police-
officer in Birmingham on the 29:h August last, but I de
not know the handwriting of any of the defendants. I
was present when the defendant was apprehended, and
whacd in conveying him and the Baroness Voa Beck to
the station-house in New-street, and then to the prison,
in Moor-street.
By the JUDGE—The magistrates had
L
macstrates then left the
office.
Cross-examined
by Mr. MACAULAY—I searched the
prisoner, and took from him some letters and a small
pocket-book, which were given back to him the next day.
The JUDGE—What was the accusation made against
him? Witness—Obtaining money on false pretences.
Tee JUDGE—And you expected, I suppose, to find the
oney in his Witness_-et is
m pocket?—(Laughter.)
always usual to search prisoners.
The Junae—Ween it ought not to bo meal. If it
WAS a spurge of Ingh treason, I suppose you would ex-
pect to find the high treason in the prisoner's pocket? 1
Mr. IL M. Griffiths, solicitor, proved the signatures of
Mr. Tyndall and Mr. Ryland to the taformation. Constant Derra do Maroda was then called and exa-
mined_l ens a native of Pesth, di Hungary. My father
lives upon his own property, and is an hereditary equerry"
to the Emperor of Austria, as King of Hungary. I was
educated at Pesth, and subsequently at the Military Col-
lege at Vienna. I entered the Austrian service, and was
in the army for ten years.
iThe JUDGE—you may prove his position in society,
n order to irdluence the amount of damages, but there
is clearly uo necessity to give a historyof the
plaintiff's
whole life,
Witness contineed—l arrived in London on the
Ist of
April, 1851, Von Beck and made the acquaintance of the Baroness
to obtain her on the 27th. I had been requested by a lady
Dean-street, Soho, The Baroness then lived at 38,
Back. I visited She was called the Baroness Von
my visits I lent herhertimes, 5/- I learnt rom her that she was
Rarasgate te viEtaxiiii)ther book, and I wont with her to
book. I saw him, anr,
aGarvey, who translated her first
the second book which she
read aloud some portions of
part of the translation.
or the let of August.
Garvey 101. on account of thethte
nied her once or twice to Mr.
,fievtusas going to publish. I saw
1 Shawswas about the end of July
Bislaopsgate-street. He recommenPdined! the
miegham to solicit subscriptions to thehl;)
ia afterwards gave letters for her Baroness pay to Mr.
ciVilahslition. I accompa-
publisher, in
r to go to Bir-
ook. Mr. Gil-
' gentlemen in Birmingham. Mr. Gil •
gintroduction to three
Gilpin was the intended
publisher. The Baroness insisted that I shout
her to Birmingham. She was the d accone- 1
the
y
n 'very feeblet
to be about 54 or 55,
he appeared
The JUDGE—About 50; ages never go nearer thew
noughts.—(Laughter.)
'Bi •
Witness—l went with her to rmingham. I did not
thing for my trouble, and I paid my own
expenses. any
at the Clarendon."
We made our abode .hotel.
expenses.
We presented our cards the three
gentlemen, of introduction to ree
geatlemen, and .....r
Its. t,
e, one of them, paid his Sturasub-
scription of 1/. 4s. fur the new publication.
The printed proposals for publishing the new work,
entitled The Story of my • ',, Life by the Baroness Von
"
Beck, was then read to the jury.
gentlemen we were introduced
Witness—Th© three gen
to put down their names. I made the acquaintance of
a Mr. Hill in Birminham, and he introduced me to
Mr. Dawson, and the latter gentleman asked me to
bring the Baroness to his house. We went to Mr.
Dawson's the following day, and he subscribed for the
second work.
lie went out of the room, and brought
the money from another, in piece of paper.
He said, "That is _ wrapped a p
the subscription for the new pub-
lication." I translated what he said to the Baroness,
and she in return thanked Mr Dawson,i este d
him to assist her in getting . and
requested
additional subs cribers.
Mr. Dawson asked about the first book and the Ba-
roness sent him a copy the sans • '
e evenine Mr. Daw-
son is a lecturer and a clergymen of the " •
, New Church.
I and the Baroness met Mr. and Mrs
Daweon's house, The Baroness was very Tyndall
weat leftMr
for the Clarendon at 10 o'clock. On ther Sundayllafter-e-wa
went out to Mr. Peyton's to dinner. Mr, a 1,,,---
dell visited us at the Clarendon ou a Su•aade Mrs.
--
The Baronessay morning,
The was very ill, and upon my canal:tit' w 1.,
Dawson, he recommended mo to call in Mr. Crompton,ih- M '
the surgeon,
his brother-in-law, and on the T i
following Mr. Peyton sent his carriage,andeesda-
the Barones
was conveyed to Mr. Tyndall's house at Edgbas ton. a
visited her every day, but slept at my hotel. I after.l wards, at the request of Mrs.
Tyndall, took up my resi-
dence in their house. I remember
the evening of the
28th; Mr. Tyndall was scarcely at home fur the two or
three days previously. On the evening of the 29th wo
-
were engaged in playing French theatricals at Mr,
Tyndall's. There were present Mr. and Mrs. Dawson,
elf, and Al"' Ryland,
Air'
and j5l" l'eYion, and other