The Sun.
London, England, 1862-03-29 00:00:00

MIDLAND CIRCUIT.-WARIVICK, MARCIt 28,

CIVIL SIDE.
(Before the Lord Chief Justice Cockburn.)

THE SWINFEN CASE.

This case was resumed to-day, Mr. Kennedy con-
ducting his own case; Mr. Macaulay (with whom
was Mr. Field) appearing for the defendant.
Mr. Macaulay cross-examined Mr. Kennedy at
great length. He said he was not a member of the
Midland circuit. His first acquaintance with Mrs.
Brown was at Swinfen, in 1851. His daughter had
been there before. An invitation to go to Swinfen
was received by him from the defendant herself.
He believed he went to Swinfen in March of 1856.
The invitation was to lunch. In continuation he
said—l understood I went for the purpose of dis-
cussing the trial. Mrs. Swinfen was in a state of
great excitement. I said I would move in the mat-
ter, perhaps. We had a great deal of talk. It was
said there would be a great difficulty in getting a
motion for a new trial. There was a little conver-
sation of a conspiracy case. She said intimidation
had been used, and she thought proceedings should
be taken. That was in April. I gave my opinion
on this subject to Mr. Simpson. I never had any-
thing to do with Mr. Simpson as:to compromising
the action for the Swinfen estate. I sent my opinion
to Mr. Simpson at length—an elaborate opinion. I
did not do that professionally, but as a friend to
Mr. Simpson. I said if there was a difficulty about
getting counsel to act, I would move for a new
trial. I received from her a copy of a newspaper
containing a report of the trial • and she also sent a
letter stating that the rule had discharged. I
invited her to see me at Broseley, near Birmingham.
She declined the invitation. There was no friend-
ship between us at that time. The steps I took in
the matter were not entirely through the interest I
felt in the matter ; that is to say, I did not volun-
teer any assistance myself. It is very likely I had
conveyed to her my opinion of the illegality of what
had been done, and the manner in which she had
been treated. She said she had been illtreated.
After we became friends, a report was published
containing some poetry.
Mr. Macaulay—Was not the censure of the
judges conveyed to you ?
Mr. Kennedy—lt was.
The censure of the judges was conveyed iu the
following terms by Mr. Justice Cresswell :—" As
the validity or invalidity of that agreement may be
discussed before another tribunal, we are anxious
the question should be prejudiced as little as pos-
sible by anything transpiring here. It was also said
by one of the judges that the language used by one
of the counsel (Mr. Kennedy) was very unwarrant-
able and as against Sir Frederick Thesiger directly
charging him with the most dishonourable conduct,
and it is hardly necessary to say such an attack
cannot have any other effect than injuring Sir Fre-
derick Thesiger's reputation before the Court."
Mr, Macaulay —Did you not charge Sir Frederick
Thesiger with corrupt conduct and perjury ?
Mr. Kennedy—l said that if what my client said
was true, he had acted very wrongly. I would not
say that before any learned judge.
The Judge—lt is not likely that a judge would
interpose ?
I cannot understand how you should
take the course you have with your client. I only
wish you could see the conduct of Mr. Justice
Cresswell in a different light. I believe you are
labouring under a wrong impression.
Mr. Kennedy—l have expressed regret at what
I did in this matter. I think that was after my
client's marriage, The three counsel behaved very
dishonourably in the matter. A certain secret had
been maliciously
disclosed. I was so far engaged
with Mrs. Swinfen in September that I understood
I should be her counsel. From the 20th of 3-11110 to
that time, with the exception of about five weeks,
she was at my house at Leamington. Our commu-
nication was by letter. Ido not accept the phrase
that I.vol tint ecred to act. However, I was engaged
as counsel. I may say my advice was given as a
friend and as an acquaintance.
'Mr. Macaulay—Had you not tendered your ser-
vices to this lady without fee ?
Mr. Kennedy—I do not remember that I did.
Mr. Macaulay
Mrs. S winfen's written in September.
referred Mr. Kennedy to a letter of
Mr. KelmedY—l believed I said I should have no
objection to act as her counsel.
:Mr. Macaulay—Did you not tender your ser-
vices ?

Mr. Kennedy—I do not remember that I did.
Mr. Macaulay—Did you not give your services
to Mrs. Swinfen on the understanding that you

should receive no fees from her except those which
were exacted from the opposite side ?
Mr. Kennedy—Most decidedly not.
Mr. Kennedy was further cross-examined on this
noin t, and at length said that he wrote to Mr.
Bth of February a letter in which he said
fees he did not deserve in the

son on L..-

he would return
action of " Swinfen v.
tellino. Mr.
Mr. Kennedy—l do not rememo.- b-r
Cole I was acting without fees. Told was
acting as Mrs. Swinfen's friend and protector, and
I dare say I gave them an understanding that they
were not to " mark" fees—in fact, that they were
not responsible for them. Ido not remember say-
ing that I took up the case out of friendship. I
might have done so: [A letter of Mr. Kennedy's
was here put in. Mr. Kennedy in that letter said
he was acting out of friendship. He also said if he
received any fees from Mr. Cole he would hand
them over to Mrs. Swinfen.] The first mention of
remuneration was at my chambers. She broached
the subject, or I should not. It was understood I
was to manage everything. I was occupying a very
peculiar position.
Mr. Macaulay wished to know whether Mr.
Kennedy meant to say he had undertaken to manage
Mrs. Swinfen's affairs on the bare possibility of her
upsetting the compromise,and her recovering £2OO
a year.
Mr. Kennedy returned an evasive answer to this
question.
After some further questions, Mr. Macaulay said
—Have you not threatened to publish to the world
statements of an adulterous intercourse between
yourself and Mrs. Swinfen for five years?
Mr. Kennedy—l have not said so.
Mr. Macaulay—Have yon not used words to that
effect ?

Mr. Kennedy—Oh, the letter. You produce the
letter.

Mr. Macaulay—Did you not write to Mrs. Reeve
to the effect that you had had an adulterous inter-
course with Mrs. Swinfen for five years
Mr. Kennedy—" Not adulterous." I wrote to
Mr. Channer to that effect.

Mr. Macaulay then referred to two letters which
Mr. Kennedy had burnt, and it appeared that these
letters contained allusions to money matters.
Mr. Kennedy said he had, in a letter written
about that time, asked Mrs. Swinfen for security
for the sum she had promised him,viz., the £20,000.
This request was made ay him in the Zoological
Gardens, London, and at other places. She said
she had put in a will. He suggested that she should
give him a mortgage. She said she would devise to
him the estate, and give him a will. She said she
did not like mortgages, but she would execute
a deed of gift. A deed was executed. He said
he had no intention of the " will" being auxi-
liary to the " deed." She said she had intended
to give him the plate. The deed was his sug-
gestion, he said, and the will hers. He did
not give her any memoranda on the subject. She
wrote it down as he sat with her. His father had
been a college friend of Mr. Collis, and he (plain-
tiff) had occupied contiguous chambers to Mr.
Collis, in Birmingham for many years.
Referring to the expression in Mrs. Swinfen's
letter, " I would die to save you," Mr. Macaulay
asked Mr. Kennedy if this expression was not in
allusion to his having asked to be saved:
Mr. Kennedy—Decidedly not.
In answer to another question Mr. Kennedy said
the word " faith," in another of Mrs. Swinfen's let-
ters, did 'not refer to her having faith in him with
respect to the deed ; that is to say that he would
not use it for a particular purpose.
Mr. Macaulay called Mr. Kennedy's attention to
a letter dated the 29th of October, 1857, in which
Mrs. Swinfen, in accordance with his request, ad-
dressed him as "Dear Charles," saying, "I comply
with your request, though I am not quite sure I am
right in doing so; but as a sister is allowed to ad-
dress her brother as such I think I can do so with-
out impropriety."
Mr. Macaulay produced what purported to be a
copy of a letter, in which Mrs. Swinfen said, "You
cannot tell how lonely my life is. I wish a pro-
tector. Before you write, consider my position."
Mr. Kennedy said he received a notification of
Mrs. Swinfen's marriage, and then wrote to her re-
proachfully. In answer to that she wrote a letter
accusing him with reference to the deed, the will,
&c. She called him in that letter a wretch unfit to
live,' concluding the letter with the remark, "I re-
turn you the ring."
Mr. Kennedy here submitted that it would be
better for both parties if he was not pressed on
these points, and begged Mr. Macaulay to spare
him. - _

Mr. Macaulay read a handbill which contained
the following announcement, issued in Staffordshire
by Mr. Kennedy :
" Shortly,will be published, the Serpent of S win-
fen, showing the foul fraud and robbers' perpetrated
upon Mr. Kennedy by the woman who possesses the
estate; showing also the nature of his connexion
with her, and how she acquired the estate, and how
the Serpent has stung her benefactor. [Mr. Ken-
nedy—So she has.] The publication is rendered
more necessary by the criminal charges against Mr.
Kennedy. It shall have the fullest investigation,
in order that it may be seen who deserves to be
prosecuted."
Mr. Kennedy said he knew the above statement
was wrong, and that he was liable to bo indicted for
perjury.
Mr. Macaulay read a copy of a letter written by
Mr, Kennedy to Mr. Reeve, in which he said,
" Until I knew this woman I was perfectly happy
and innocent, and since then I have given myself to
folly and madness."
Mr. Kennedy—You have opened a case of feel-
ing that must now go on.
Mr. Macaulay said he had opened a case of in-
dictable libel.
Mr. Kennedy—Yes ; and such an action as de-
fendant's husband does not care to go on with.
Every man to his taste. She sent a pressing invi-
tation to him in June, which he accepted, and stayed
five weeks. During that time she exerted every
possible influence over his affections. She com-
plained, however, that he flirted with other women
and talked about getting married again.
The Judge wanted to know what state of mind
Mr. Kennedy was in when he heard of Mrs. Swin-
fen's second marriage. Did he think she would
marry again ?
Mr. Kennedy said he would rather not go into
the question, but he put in affidavits.
Mr. Macaulay then addressed the jury at great
length, saying that Mr. Kennedy's conduct had
been rendered still worse by the attempts he had
made to gloss over his conduct, as he had done in
court that day.
Mrs. Swinfen was sworn. She said—l saw Mr.
Kennedy first two months after the first trial in
the cause of " Swinfen v. Swinfen." I received a
note prior to his coming from a lady, who said he
took great interest in the trial, and in consequence
of her letter I had an interview with the plaintiff.
I had a second interview with him. In that inter-
view he talked about the compromise. He said he
thought it could be set aside, although there were
great difficulties in the',way of doing it. A further
interview took place on this subject. I invited
his daughter to a fete at Swinfen. He invited me
to Leamington, and I went there. He then looked
over the papers, and gave an opinion on the sub-
ject. I invited him to Swinfen. He came over to
S vrinfen. He then for the first time mentioned the
I subject of taking up my case for me. He proposed
to take it up as my friend. No terms were men-
tioned. I was invited to go to a concert with his
daughter in September last. He said, when I saw
him there, that the compromise of the case of
" Swinfen v. Swinfen" was a case which had inte-
rested him for a long time. He said he was very
bitter on the subject, and was very anxious to take
up my case. He said there were many difficulties
in the way of settling the case. I did not say one
word to him about remuneration in October, 1856.
I did not say in a letter, " I cannot remunerate you
now; I will amply remunerate you hereafter; you
know my position." I spoke on the subject to Mr.
Collis. I accompanied Mr. Kennedy and his daughter
to London in October, 1856. I stayed six weeks.
1 lodged near Mr. Lander's, in Eastbourne-terrace,
himself and daughter being my guests. Mr. Ken-
nedy did not say he had offers of business in Bir-
mingham, which he would be obliged to give up if
he undertook my case. About this time his father
died. We had frequent further discussions about
the trial, and I said, We will stand or fall together."
I don't remember saying I would remunerate him.
I don't remember saying if he came to London I
would make over everything to him. I don't re-
member him saying he should share my fortune to
the utmost. I recollect presenting him with some
rings. I asked him to wear these rings, saying, I
am quite sure you will be successful if you wear
thebe." I don't remember saying they wero pledges
'of future remuneration. Mr. Kennedy led Mr.
Edwin James to suppose I should not be averse to
a compromise, He said, I have not
be
Edwin
James down to Stafford because I wished him to
fight the cause?' f never said I should be able to
e;?d. I never said, " It will be
make him a rich man,
£20,000 in your pocket." I remember Mr. Ken-
nedy saying something about standing for a seat in
Parliament.
The court was then adjourned.

A GIGANTIC EEL.—On Wednesday morning, Mr.
Currier, on opening his eel-traps at the sluices on the river
Wey, between Shalford and St. Catherine's Hill, found
one of them to contain an eel of most tflosual dimensions,
quite throwing into the shade anything of ti; same descripf
tion ever previously captured in these waters. The eel,
which was remarkably vivacious,
e:1 being sent to scale,
was found to weigh 511 b, and to be 3ft. bin. in length,
,:
eircurderellee.— Wot AS'orrey Zings.

POLICE INTELLIGENCE.—March 28.

_
MANSION-HOUSE.—Two miserably clad,
ruffinn:y-looking IMlows, who gave their names as
Richard Simpson and Willir‘m Smith, were brought
up on a charge of breaking a square of plate glass,
value £B, in the shop front of Mr. Birch, 173,
Fenchureh-street, watchmaker and jeweller, and
stealing from the window a gold watch, value :EA
and a gold Albert chain, value £B.
John Fowles, shopman to Mr. Birch, stated that
be wag at' work in the shop, yesterday morning, at
about half-past 11, when he heard a violent blow at
the window. On going to see what it was, he saw
the prisoner, Simpson, step back, and then strike
the window two or three times and break it. A
quantity of goods that were in the window fell on
the pavement.
Mr. Gabriel, a watchmaker in the employ of Mr.
Birch, said he saw the prisoner Simpson strike the
window with his fist, and then step back and strike
it again, which smashed it. (A piece of glass was
produced, and it was more than a quarter of an inch
in thickness.) The prisoners were taken into the
shop, and he took from Smith a gold chain worth £B.
Police-constable Stock, 589, said hetook the pri-
soners into custody at Mr. Birch's shop, and on
searching Simpson at the station he found a gold
hunting watch in his possession. Smith stated that
he had come from Essex, and Simpson said he came
from Manchester.
The watch was identified by Mr. Gabriel as Mr.
Birch's property, and he stated that the value of it
I was £3O.
The prisoners, who said they were hard up, and
I had nothing to eat, were committed for trial.

BOW-STREET.—John Cooke, a letter carrier
and sorter, employed in the East Central District,
was charged with stealing a money letter.
On Monday, the 12th March, the prisoner was
seen by the officer Smee to separate a letter from a
parcel of four or five which he held in his hand,
crumple it up, and put it in his pocket. He was
taken to the controller's room, and Mr. Delany, in-
spector of letter carriers, taxed him with the ab-
straction of the letter, which he denied. He was
searched, and the letter was found on him. It con-
tained a half-sovereign and nine penny postage
stamps. It was addressed to Messrs. Carver and Co.,
of Skinner-street, and had come into his hands for
sorting in the usual course of his duties. The pri-
soner said, " I know nothing about it, some one must
have put it there ; it is a piece of villany of some-
body ; I swear I never saw the letter." Smee said,
" It is no use denying it, Cooke ; it is not the first
you have put in your pocket to my knowledge." He
replied, " You are mistaken, Sir." Subsequently the
officer searched the prisoner's house at Holton, and
found in his cash box £236 in gold, £75 in notes,
and several promissory notes for money which he
had lent to various persons. The prisoner said it
was all his own hard earnings which he had made
at the gold diggings in Australia, and the reason he
had it in the house was that he was getting all his
money in to buy a house at Paddington.
He was committed for trial.

MARYLEBONE.—A very respectably dressed
young man named Edward James Nicholson, de-
scribed as an engineer, was placed at the bar
charged as under wi.h defrauding the London and
North Western Railway.
Richard Banks, station master at Newton-bridge,
Lancashire, deposed that yesterday afternoon, as
was usual, he was making up the cash accounts,
and missed a return ticket from Newton-bridge to
London, valued at £2 12s. 6d. Suspicion fell
upon the prisoner, who had only just been in and
left a rug and taken a ticket to Liverpool. Witness
went to Liverpool, and as the night train was about
to start to London, he (prisoner) entered a first-
class carriage, and he (Banks) entered another, and
came on to London by the train. On arriving at
the ticket platform witness got .cut of the carriage,
and saw the prisoner deliver up the missing ticket,
upon which he handed him over to the police. The
ticket was stamped, and marked March 27. He said
at first that he got it stamped at Liverpool, and a
clerk of the railway told him it was quite correct.
In reply to a question from his worship, witness
said the fare from Newton-bridge to London and
back by return ticket was £2 12s. 6d. The fare by
single ticket from Liverpool to London was £1 15s.
Mr. Mansfield said he cofisidered that prisoner
had defrauded the company of 355.
His Worship looked at the bye-laws of the com-
pany produced by Mr,Beresford, the superintendent
of the company's police, when, after perusal, he fined
the prisoner in the penalty of 405., and 255. costs, to
be paid to the stationmaster for his loss of time.
Prisoner said he could get the money.
Mr. Mansfield said that from the prompt and
energetic manner in which the station-master bad
acted in order to effect the capture of the offender,
he was entitled to much praise.

LAMBETH.—Mr. Perrin, a silversmith and
jeweller, in High-street, Newington, attended before
the Hon. G. C. Norton to answer the complaint of
Wm. Thomas, a pensioner, and formerly belonging
to the 9th Light Infantry.
Thomas said that some months ago he had been
robbed of his Crimean medal, and on passing the
shop of Mr. Perrin a day or two ago- he saw it
hanging in the window and exhibited for sale. He
applied for it, and stated that it had been stolen
from his breast; but Mr. Perrin refused to deliver
it up to him.
Mr. Perrin, in reply, said that the medal had
been purchased by his shopman from a man who
had represented it belonged to his brother, recently
dead, and from the description given of the man he
(Mr. Perrin) had very little doubt indeed the com-
plainant was the person.
Thomas, finding his character thus assailed,
handed to the magistrate two certificates of good
conduct, the one purporting to be written and
signed by Richard Wright, Bailiff of Dulwich
College, and the other Richard White, sergeant
in the City Police, and Mr. Norton, on looking
over them, found that they were not only in the
same handwriting, but both on the same sheet of
paper, or rather on two half-sheets, which origi-
nally formed one whole. This, however, Thomas
stoutly denied, upon which Mr. Norton directed
that the docliments be impounded, and Sergeant
White and Mr. Wright written to before next
Wednesday, to which day he postponed the inquiry.