The Sun.
London, England, 1839-02-07 00:00:00

QUEEN'S BEN CH.-(THIS DAY.)

CRIM. CON.—WALTON V. GOMME.
Mr. Triestdea and Mr. WATSON, were for the plaintiff;
Sir F. Pommels and Mr. Peeversoone, for the defendant.
Mr. TIIESIGER said the plaintiff is a lithographic drafts-
man, in the employ of Mr. Hullmandell, card the defendant
nn erehitect. The parties reside at Hammerernith. The
action On brought to recover compensation in damages
from the defendant for criminal conversation with the plain-
t:ff's wife. The Learned Counsel then stated the circum-
stances of the case at some length, as they were afterwards
detailed by the following witnesses:—
Henry Wm. Bonsor, clerk to the plaintiff% attorney,
produced a certificate of the marriage of the plaintiff and
his wife, in Feb. 1830.
Francis Dunavon, of Kensington, deposed—l know the
plaintiff and his wife, and was present at their marriage.
'fire plaintiff resides at Hammersmith. He and his wife
have been separated for some months. Mr. Walton is about
30 and his wife 23 or 24.
Cross-examined.—Mrs. Walton's brother and sister were
also present at the marriage. I have known Mr. Walton
nearly a dozen years. I have known Mrs. Walton since
she was four or five years old. I knew her father and
mother ; they acre net present at the marriage. '1 be
father kept a baker's shop at Kensington, not quite half a
mile from the church ; he was in an infirm state of health
at the tine—the mother was nut. Thomas ReeVe,, the
brother of Mrs. Walton, gave her away. Mr. Walton's
wother was not present at the marriage ; she lived at Hol-
land-terrace at the time. None of his brothers or sisters
wire pr crt. Holland-terrace is about a mile from the
church. There were none of Mr. Walton's friends present
that I know of. The wedding party consisted of Me. Wal-
ton, Miss Reeves, and her brother and sister. Curiosity
induced me to go. I went purposely to see it. I thought
the marriage would not have taken place, as Mc. Waltun's
lewdly was so much superior to the other.
Matilda Goodall—l was formerly iu the service of Mr.
Walton, the plaintiff. I went there on the 9th of March.
Ile was living at Hammersmith. He is an artist. I lived
with him neout three months and a fortnight. Sometimes
Mr. Walton staid at home, but he was generally away
during the whole day. The defendant was lodging in the
house when I went there. He and Mrs. Walton used
frequently to go out together. I have frequently seen
Mr. Gomme in the bed-room when Mrs. Walton was
dressing ; he would remain sometimes for half an hour.
My master generally returned between seven and eight,
except on Thursday evenings, when he went to the Bri-
tish Institution, and did not return till ten or eleven.
On one occasion (about the 11th of April) between one
and two o'clock I went to the parlour to ask a ques-
tion, thinking there was no one there but my mistress;
the door was shut too, but not fastened : I opened the
door and asked my mistress a question about the other
servant having an improper disease. Mr. Gomme seid
•‘ Ah, what ?" I then locked" towards the sofa and saw
my mistress lying on it and Mi.. Gomme with her. Ile
seemed very muc confused, and put his hand to a certain
part of his dress. I was very much surpiised and stood
still for nearly five minutes. After which I went out of
the room. A short time afterwards Mr. Gumme came
down, and wished me not to mention what I had seen as
he should be ruined. He said he was a rogue and a villein,
and that if Mr. Walton found it out he would tell him all
about it, and that it was not her filth but his. After
that they went out more frequently than before. They
generally had tea together, and when my master came
the leaves were boiled for him. Mr. Walton seemed very
kind and affectionate towards his wife, and she was
very kind towards him. He always spent his even-
ing at home except on Thursday. I gave imy mistress
notice to leave. Some time after Mr. Walton's brother
(Joseph) called on me and made some inquiries. On Tues-
day last I saw Mr. Gomme rear his grandfather's house.
He said if I spoke the plain thing he was a ruined man.
Cross-examined—l have known nothing of Mr. Walton's
family until the last twelve months. When I went there
Mr. Gomme was an inmate of the family. There were
three rooms down stairs, and three bed-rooms up stairs.
Mr. and Mrs. Walton slept in one, Mr. Gomme in ano-
ther, and myself in the third. Mr. Walton seldom dined
at home, not more than three times, except on Sunday.
Two o'clock was the usual time for dinner. They gene-
rally supped all together about ten. Mr. Gomme was
almost always at home during the whole day. He is a
house surveyor. He used the parlour for the purpose of
carrying on his business. Mr. Walton's house was his
home and his place of business also. Mr. Gomme is 22
or 23. Mr. Walton has sometimes gone away without a
breakfast, and left Mr. Gomme and Mrs. Walton to break..
fast together. I have sometimes sat up until 12 o'clock to
let in Mr. Gomme. Sometimes Mrs. Walton and Mr.
Gomme have gone to town about 5 or 6 o'clock to meet
Mr. Walton at the play, and they have all come
home together. This has bappetied two or three
times a week. Sometimes master has come home to
tea, and they would all go together. I don't recollect
Mr. Gomme and Mrs. Walton returning together before
Mr. Walton. Mr. Walton's mother came to the house,
and remained about a mont:r. Mr. Gomme was away
about a week. When Mr. Walton's mother was in the
house, Mrs. Walton slept with me, and Mr. Gomme and
Mr. Walton slept together. Old Mrs. Walton did not
leave her bed room, as she was ill. Mr. Gomme and Mrs.
Walton dined together as usual, her sister being sent down
into the kitchen to me. When I went up stairs on the
18th April to ask about the other servant, it was in consc-
. quence of my mistress having promised to examine her, as
I did not like to sleep with her if she was diseased. I did
not know that Mr. Gomme was in the room at the time.
I had a little dispute with my m stress before I gave warn-
ing. I remained there six weeks after seeing what I have
mentioned. I never told either Mr. Walton's family or
Mrs. Walton's family any thing /theta it. I don't remem-
ber that Mr. Walton ever slept from home. He has some-
times come home as late as eleven or twelve o'clock—not
more than onco or twice.
Emma Cooper—l went into the service of Mr. Walton,
at the latter end of June or beginning of July. Mr. Gomme
was living in the house. I lived there six weeks before any
discovery took place. Mr. Gomme and my mistress used
to go out a great deal together. One day Mr. Gomme
said lie believed people said there was something between
him and-my mistress, but it was wrong. On ono occasion
they went out together, and Mrs. Walton did not return-
before nine o'clock. I recollei t seeing Mr. Gomme in my
mistress's bed-room, when they were going to a concert.
After they went out I went into the bed-room and saw the
bed had been flattened, and had been made different from
what it had been in the morning. It was. generally neces-
sary to make the bed twice a day. It was very often
tumbled. When Mr. Walton was in the house Mr. Gomme
did not sit so near her. When Mrs. Walton sometimes
came into the kitchen Mr. Gomme came and called her
away. On the 31st of July Mr. Walton desired me to
watch during the night. I understood that Mr. Walton
was going away. Mrs. Walton's sister (Ann Reeves) was
in the house. She slept with me. I went up stairs between 10
and 11, having left Mrs. Walton and Mr. G. in the parlour.
I soon afterwards heard Mr. Gomme and Mrs. Walton
come up stairs, and they bade each other good night. I
heard them go into their rooms. Mrs. Walton locked her
door, but Mr. Gomme did not. I heard Mrs. Walton
open her door very softly, go down stairs, and then come
14; again. She went into her own room and remained
•
about ten minutes, and then went out and opened Mr.
Gomme's door, an:.l.
said " Come in now—come in now."
;Lire was getting out of bed, and
I heard his bed creak,
's room. The
he then went into her room. in bout an hour's time I
got out of bed, and went to Mr. Goren.:
door was open. I looked into the room, and in the
bed, but could not find him. My mistress's door evzs.:
little ajar. The dog began to fly at me, when l said,
" Mr. Gomme, where are you, there are thieves down
stairs, and I wish you would come down." My mistress
came to the door, and asked what was the matter. I said
I thought there were thieves at the kitchen window.
She said it was all nonsense. I then went down
stairs and opened the parlour door. No one was
there. As I was about leaving the parlour he
called from the staircase, " What the devil's the matter ?"
My mistress said, " She thinks there are thieves." He
said, " It's all nonsense : I only went down to put the cat
out."—( Laughter.) I found the cat in the kitchen. Mr.
Gomme then came down, and I said, " Wherever have you
been; what were you doing out of your bedroom?" ald
ho said he had been down in the parlour reading. On
the following day Mr Gomme came down for his boots.
He said, " Whatever made you come into my bedroom
last night?" I said I had reasons for it. He said he
knew some one had a spiteligainst him, and wanted to injure
him. He had just come down to the parlour for a bock.
' I said, " Before I disturbed you I went down stairs." He
said " I saw you." I said " Tha' you did not, for I v. as
not down at all before that time."—( Laughter.) He de-
sired me not to tell anything of what I had seen, I after-
wards saw my master and told him. During the time I
was in the service of the family I thought they were a
new married couple, they lived so happily together.
Cross. examined —I saw my master the next day at Lis
mother's, at Holland-place. He bad arranged for me to
watch, and meeehim there the next evening. I told him
Mr. Gomme had out of his bed-room. He returned
home with Mr. Joseph Walton, and they turned Mr.
Gomme out of the house. Mr. Walton did not go to bed
that night, and the next day went to her mother's. Mr;
Walton slept in Mr. Gonime's bed. I was in the house 'five
or six weeks before this happened.
William Wilde—l am a tailor at Kensington, and have
frequently seen the plaintiff and his wife together. They
lived as happily together as any persons could do,
according to all appearances. I don't know any-
thing of Mr. Gomme. He dresses well.
James Roberts, collector of the assessed taxes at Ham-.
mersmith—Mr. Gomme's father is a builder. There is
considerable property belonging to the family. I don't
know the defendant personally.
Sir F. Pot.eoce then proceeded to address the Jury on
the part of the defendant.

COURT OF EXCHEQUER.
(THIS DAY.)
(Sittings at Nisi Prius before Lord ABINOER.)
There were two Special Jury cases in the Paper to-day,
but very few of the Jurors answered to their names.
The causes were withdrawn.
(Before a Common Jury.)
LEARMOUTH V. GRANDIN.
This was an action brought by the plaintiff, as assignee of
an insolvent named White, for a balance of accounts
amounting to 4131. 12s.
The insolvent and a Mr. Attwood had been in
partnership as printers, and had received many advances
from the defendant who was uncle to Attwood. The
advances were put down in the books of the firm in the
name of Attwood. Mr. White had represented to his as-
signee that these advances had been made on Attwood's
account, who was now dead, but Mr. Cresswell, who vc,s
for the defendant, put in letters from White to defendant,
acknowledging that the money was advanced on the pa, t-
nership account. He also put in an account in White's
handwriting, wherein he debited White and Attwood, and
credited the defendant, in which he made the firm debtors
to the amount of 38/. 17s. The Learned Gentleman also
put in a bill of exchange signed by White for the exact
half of that sum. _ _

The Jury found for the defendant.
Mr. Thesiger and Mr. Knowles were counsel for the
plaintiff; Mr. Cresswell and Mr. Butt appeared for the
defendant.