The Sun.
London, England, 1862-02-01 00:00:00

THE I SUN, LONDON, SATURDAY EVENING, FEBRUARY 1, 1862.

LAW lIVIELLIGENCE.—(This Day.)

POLICE 2NTELLIGENCE.—(77dB Day.)

BUBIIIeSB done

EXCHEQUER CHAMBER.
ERRORS FROM THE COURT OF QUEEN'S BENCH.

MARLBOROUGH-STREET.

Judges present—Lord Chief Justice Pollock, Mr. Baron
Bramwell, Mr. Baron Channell, Mr. Justice Keating, and
Mr. Justice Byles. (Lord Chief Justice Erie and Mr.
Justice Williams afterwards came on the bench to hear the
arguments of counsel in another cause.)
16 I JUDGMENT - ARCHER V. JAMES.

This was an action by the plaintiff, a journeyman stock-
ing-maker in Nottingham, to recover from the defendant
balance of wages due to him. The defendant pleaded that
the balance of the plaintiff's wages was paid in supplying
him with machines for working heels of stockings, light,
fire, room-rent, and fines, amounting to 3s. 9d. per week.
The plaintiff replied that such payment of wages was not
lawful, and contrary to the Truck Act, Ist and 2d William
4, sec. 23, that his wages should be paid in money.
The Court of Queen's Bench decided in favour of the
defendant.

Mr. Justice Keating and other judges were of opinion
that the decision of the Court of Queen's Bench should
be reversed on the ground that such payment was not a
legal payment of a mechanic or artificer's Wages.
Baron Bramwell and other Judges considered that such
payment was lawful and did not come under the Truck
Act.

The Court being equally divided the decision of the
Court of Queen's Bench was affirmed.
Costs reserved for further consideration.

COURT OF DIVORCE.
(Before the Judge-Ordinary.)
BORROUGHS V. BORROUGHS.

This was a petition presented by the wife for the restitu-
tion of conjugal rights. The respondent pleaded adultery
on the part of the wife, and also that there was a suit pend-
ing for the dissolation of marriage, in which Silcock was
co •respondent.

The mother of the petitioner (Mrs. Coleman) proved the
marriage of the parties, which took place on the Ist of
January, 1859. The young lady, whose name was Cole-
man, was at that time 21, and Mr. Borroughs 23. They
lived in the mother's house for about nine months, and
then took a house at Statham, where they resided till Dec.,
1860, when cohabitation ceased,
In cross-examination the lady said—l knew Mr. Silcocks
as a gentleman living at Statham. Did not know that Mr.
Borroughs remonstrated with his wife about Silcock's visits.
He was on most friendly terms with him. My daughter
told me the circumstances that led to her leaving her hus-
band's house. She said it was in consequence of her hus-
band finding Mr. Silcocks concealed in the drawing-room.
She did not tell me she refused to sleep with her husband
that night. She said that Mr. Silcocks brought a letter to
her that I had written, and thinking she might like to see it
he brought it to her. He took the letter to the back-door,
and my daughter wa3 in the kitchen. When she saw
Mr. Silcock there she said that she must not be seen
speaking to him as her husband had dismissed him the
house. She then went into the dining-room, and he fol-
lowed her and gave her the letter. While he was speaking
to her her husband came in at the back door, and fearful of
a great quarrel she told him to go into the drawing-room,
and let himself out. When her husband came in he took
up the candle and said there was somebody in the house. It
was half-past five or six in the evening. Mr. Burroughs
went into the drawing-room and there he found Mr. Sil-
cock. When he found him he asked what business he had
there. Some angry words took place, and Mr. Burroughs
threatened to kick him out. Mr. Silcock said he would walk
out. He afterwards said it would be a bad job, and then asked
her whether she would not have some tea. Mrs. Borroughs
told her husband if ho kuspected her while she was taking
tea it would choke her. He then went out to see a Mr.
Trews in the village, and remained out till one o'clock,
when he returned home and went to bed in the spare room.
He got up early on the next morning, and she had never
seen her husband till very lately,

Prisoner—l plead guilty to taking the money.

The daughter of the landlady of the hotel said—The
prisoner came and asked for a cup of tea for the prosecutor,
who came in quite sober, and I saw him put the cup to
prosecutor's mouth. My mother then sent for a constable.
Cane, 35 C, proved picking up the sovereign, and find-
ing another up the prisoner's coat sleeve.
Prosecutor—l don't wish to press the charge.
Mr. Yardley—Don't interfere, sir. Mr. Yardley then
told the prisoner he might plead guilty if he liked.
Prisoner then called a witness, whose statement was
totally irrelevant to the case.
Prisoner pleaded guilty, and was committed.

Mrs; Borroughs said—l am the petitioner in this cause
there.exeepting some
I married in. January, 1859. After that we resided at
my mother's till October in the same year. We then went
yt
Mr. Borroughs being
out so late. I had £l,OOO when I married. My husband
tdoi s live eae tmSe tnatl
wa e
m
had nothing but what he had from his father and what he
u sleNd' e t loi vheadv
ehappily po i
obtained by his profession as a solicitor. His practice
was very, small. He used to go out to different per-
sons in Statham, and sometimes to the publichouse. I
did not leave my husband's house of my own accord. I got a
letter telling me to do so from a lawyer in Yarmouth. I
have been living with my mother ever since. I have not seen
my husband until I saw him in London. He has made
no proposal to me.
Cross-examined—We had no dispute about Mr. Silcock,
only I told him if he did not like his coming to the house he
had better tell him so. He had written to him telling him
not to come. He did not appear to me to be jealous of his
coming. He never said more than he thought lie had
better not come, as people made remarks about it. It was
at the end of the summer this took place. He was friendly
with Mr, Silcock. He had written more than once to Mr.
Sileock about his visits, but my husband had made it up
with him. Ho never asked me anything about Mr.
Silcock's visits. I think the first letter was written
from Stalham, when my mother had gone to Yarmouth for
a short time. My brother Walter was then staying with
me, and he told Mr, Borroughs he thought he had better
write to Silcock. Mr. Silcock used to come very
often to our house. He used to come to our
house while Mr. B nroughs was in his office. He has
left Silcock often in the room with me. I don't think that
Mr. Borroughs wrote more than two letters altogether.
When the second letter was written, my husband said
remarks were being made about Mr. Silcock's visits. My
husband never said the neighbours talked about me walking
out with Silcock. I never did so. Mr. Silcock never kissed
me, except once, and then it was my hand under the
mistletoe. I had then known him but a very short time.
I saw Mr. Silcock in Yarmouth. I was there on a visit to
some ladies named Crick. Mr. Borrough was in Yar-
mouth that day I received the invitation from Miss Crick.
I remained there one night. We all went out to tea.
I returned home to Mrs, Crick's with the youngest Miss
Crick about half-past ten. I did not change my dress. I
only put on little Miss Crick's hat, and we went out for a
short turn in front of the house. We met Mr. Silcock before
we returned home; I think it must have been about half-
past six. We met Mr. Silcock coming off the pier. He
went with us to Miss Crick's, but stayed a little time. We
all went out together, but Mr. Silcock left us. I saw him
again about nine o'clock. I was standing at the gate with

little Emma, ' It was then I put on the hat and cloak. We
only walked up and down in front of the house till Miss
Crick came home about half-past 10. Silcock and myself
entered the house by the back door. The servant let us in.
Miss Crick, and a young gentleman, named Brown, who
had seen her home, were at the front door. I did not wish
Mr. Brown to see Mr. Silcock. Mr. Silcock and myself
did not kiss each other, and give the maid half-a-crown.
I did give the maid half-a-crown when I left the next day.

I will swear the only kiss that was ever given was that I
have spoken tl as having taken place under the mistletoe
My husband, when he found Silcock in the drawing-room,
never asked me for what he had come. I threw my hus-
band's guard ring, and other things from'my jewel case. I was
angry because he did not ask me to explain Mr. Silcock's visit.
I don't think I threw a locket, containing Mr. Borroughs'
likeness out of it, because I have it now. I never said " I
will not sleep with you," I went to sleep in a different
room to that usually used in consequence of what had taken
place. The door remained opened, so he could have entered
if he chose. The servant slept with me. I did not see my
husband after this.

Re-examined—Mr. BurrDughs gave me his sanction to
go. Ho knew I was going to Miss Crick. He went to
his father's. I was not friendly with him. The only
reason for which I took the hat was that my own,
which had a feather in it, was rather damp.
Mr. Silcock had not been in the house more than
two or three minutes before my husband came in. I first
made Mr. Silcoa's acquaintance at Christmas time when
we first went to Stalham. My husband introduced me to
him.

By the Judge Ordinary—The servant told me that Mr.
Borroughs had threatened to kick Mr. Silcock out of the
house.

This was the case for the petitioner.

THIS DAY'S SHIPPING.

LONDON, Feb. I.—Wind this day at noon—Westerly;
PORTSMOUTH! Jan. 31.—Wind S.W., blowing hard.—
Arrived—Heinrich, from Porto Rico for Falmouth.
moderate breeze andan3c3lll.o—o.u7d.wfywroilmVi
31.--Wind
dact
dhedr
e.
FALMOUTH, Jan. 31.—Wind S.Wv_ch.._A-o—rniAAfrrorvrideiivdveed_edd_A—thioefSrciAeademaronk,,
from(brig Mauritius);andcarried i in
awaycom bowsprit.
gwtsop r
iatsn. n.
ra ; Jeuno Armande,
fromfKr oßPSnEgv:HßAFamNialni :vbdsEu:TaAn nTS:HaLnalojjF:aaeol :run: , Jan. 30 .—Arrived—Crusader, from
Liverpool for Calcutta.

PICKING UP A SEA CAPTAIN.—SINGULAR CASE.—John
Smith, a young man, was charged before Mr. Yardley
with stealing two sovereigns from Mr. Joseph Burdus,
captain of a merchant ship, and at present residing at 3,
Barrossa-place, Brompton.
Mr. Burdos said—l am a captain of a merchant ship,
and went last night with the prisoner to No. 30, Coventry-
street,—an hotel. I had met the prisoner in the early part
of the evening and invited him to have something to
drink. Prisoner said he would like to go to the theatre,
and I allowed him to take my arm. I paid for
everything. Went to Saville House, Leicester-square.
We then went to the hotel in Coventry-street,
and after I had had some tea I fell asleep, but I
know I had £2 10s. in my pocket. On waking, and going
to pay the waiter, I found all my money gone. I asked the
prisoner if he had robbed me, and he said "Robbed you;
I'm a gentleman, and I'll bring an action against you."
The landlady then shut the door, and prevented the pri-
soner leaving the room. Prisoner then said, " Search me.
I've not robbed you." The constable then took the pri-
soner, and as he was going along I heard a sovereign drop,
and the constable picked it up. 1 told the prisoner I would
let him got if he would own to it. I have no doubt the
prisoner drugged the tea I had, as I had a bitter taste in
my mouth when I awoke. I was perfectly sober, having
only had a bottle of wine.

Mr. Yardley—Had you been drinking anything else?
The Captain—Three glasses of brandy and water, but I
was perfectly sober, I can assure you.
Mr. Yardley—Where did you first meet the prisoner?
The Captain—At a public house. I had the bottle of
wine with another captain, and I treated the prisoner libe-
rally, believing that he was respectable.
Mr. Yardley—Are you in the habit of picking up casual
acquaintances when you are in London
The Captain—No. The other sovereign was found in
prisoner's coat.