The Sun.
London, England, 1865-01-13 00:00:00

LAW INTELLIGENCE—(This Day).

COURT OF COMMON PLEAS. •
(Sittings at Nisi hius.—Before Mr. Justice Byles and a

Common Jury.)

BILBEE V. THE LONDON, BRIGHTON, AND SOUTH-COAST

RAILWAY COMPANY.

This was a suit by the plaintiff, a brickmaker, to re-
cover damages for injuries sustained through the alleged
negligence of the defendants.
Mr. Sergeant Parry, with whom was Mr. Joyce, appeared
for the plaintiff, and in opening the case, said that although
this was an important suit the defendants did not appear.
Mr. Justice Bylessaid that was extraordinary, as the case
was on the list yesterday.
Mr. Sergeant Parry said that, notwithstanding, he felt
bound to proceed with his client's case, but if it had been
shown that there had been any misapprehension on the
part of the defendant he would not take any unfair ad-
vantage—even of a railway company. (A laugh.) The
learned counsel stated the case, from which it appeared
that the plaintiff was employed on the brickfields of Messrs.
Crawley, on the Croydon line, and on the morning of the
11th of June last was returning home about 9 o'clock. He
was crossing the' line at a place called Parson's
Road, , and being 'rather deaf, and a train towards
London having just passed him, his infirmity and
the noise prevented his hearing a down train, and as
he was crossing the rails it struck him. He was knocked
down and one of his arms was broken and some of his ribs
stove in. The negligence charged was that the defendants
should have had a man stationed at the gate leading to the
rails, or some notice to warn passengers, which precaution.
had not been taken. The plaintiff was an out-patient for
ten weeks at St. Thomas's Hospital, and was not yet able
to resume his work. His earnings were between 21. and
N. a week in summer, and 3s. 6d. a day in winter.

The case was fully proved, and the jury assessed the
damages at 1001.

COURT OF DIVORCE.
(Before the Lord Ordinary and a Special Jury.)
CIIETWY'AD V. CHETWYND.
The case was proceeded with this morning.

William Leary, clerk to Mr. Henry Matthews, examined
by Mr. Hawkins, Q.C., said Mr. Matthews' chambers were
at 5, Paper-buildings. Ho had been in Mr. Matthews'
employment five or 'six years. Mrs. Chetwynd called at
Mr. Matthews' chamli4s about three and a half years ago.
She was in a cab with'another lady and two maids. The
ladies went into Mr. Matthews' room, and the maids into
his. The second lady; he thought, was Miss Webb. She
came a second time with Miss Talbot, her sister. Mr.
Matthews was not thpn at home. He never remembered
seeing her alone there or at the lodgings at Stafford.
There was no cross-examination.

Eliza Pomford, examined by Mr. Hawkins, Q.a, said—
She was living lately as lady's-maid at Mrs. Leveson
Gower's. That was up to the 21st of Dec. last. She left in
consequence of her name being in the papers in connection
with Mr. Chetwynd. She declined to say whether she left
of her own accord, or was dismissed. She was now living
with her sister and brother-in-law in Dover-street. There
was never any impropriety of any kind or sort between her
and Mr. Chetwynd. She remembered going down to New
Brighton in August,. 1862, and remained there three weeks
or a month. After they had been there three or four
days Mr. Chetwynd came down and remained about a
week. He brought the children with him and a ser-
vant named Jane Newport. When Mr. Chetwynd left
witness and Jane Newport were left with Mrs. Chetwynd•
Mr. Matthews used to visit Mrs. Chetwynd after Mr.
Chetwynd had gone. He came a day or two after
Mr. Chetwynd left, but never while Mr. Chetwynd was
there. Mr. Matthewo visited Mrs. Chetwynd four or five
times at the lodgings, consisting of a private sitting and
and three bed rooms. Once or twice Mr. Matthews stayed
there a couple of hours. It was in the afternoon that his
visits were paid. Vhen Mr. and Mrs. Chetwynd were
together Mr. Chetwynd behaved kindly to her, but she had
heard words between them on the subject of Mrs. Chetwyn's
debts. He very often spoke of that subject when the Post
came in. She did not know of any disputes between
them except upon that occasion. She never heard Mrs.
Chetwynd complain, of Mr. Chetwynd having used vio-
lence to her. Mrs. Chetwynd, to witness's knowledge, never
complained of having been obliged to sleep on the ptairs, or
of having been turned out of her husband's room. Mrs.
Chetwynd had a bedroom of her own independently of Mr.
Clietwynd's ; and abo a couch in the boudoir. Witness
was so much about Mrs. Chetwynd, that she must have
heard of it if it had been used. She never heard that Mrs.
Chetwynd had been 'Kept watching outside of public houses
for her husband. They seldom went out together. She never
heard of the housekeeper being knocked down, or anything
of that sort. She always attended Mrs. Chetwynd when she
undressed, and never saw any marks of violence. Mrs.
Chetwynd went away several times from home some days
without Mr. Chetwynd's knowledge. At New Brighton she
had known Mrs. Chetwynd to go out alone with Mr. Henry
Matthews three or four times. She dined in the evening,
and it was after dinner that she went out, remaining more
than two hours. She had seen Mr. Matthews come up to the
gate with her. She had seen Mr. Matthews once at Longdon.
She had been to the,alemple. Mrs. Chetwynd told her they
were Mr. Matthews's chambers. She had waited in the Cab for
Mrs. Chetwynd. Once she waited two hours or more. It
was in the year 1862. She had been there with Mrs.
Chetwynd at other times, but she could not particularly
remember when. Mr. Matthews brought her to the cab,
and he wished witness good night. She thought they then
went to the Grosvenor Hotel. It was past midnight when
they left the Temple. At the Grosvenor Hotel Mrs. Chet-
wynd did not give her own name, but that of Clifford.
Witness remembered the occasion when the stairs were
floured.. Mrs. Chetwilad said she suspected that there was
an improper intimacy between Mr. Chetwynd and a girl
in the house, and asked her to assist her in flouring the
stairs, but she refused to have anything to do with

it. Mrs. Chetwynd assisted in flouring the stairs, re- I
marking that she wanted to get up a case against
Mr. Chetwynd. Mrs. Chetwynd set up all night for
the purpose of watching him. Witness knew a smelling
bottle that belonged to Mrs. Chetwynd. She had two or
three, perhaps more. (A witness was called to produce a
smelling bottle, but he said he had not got it with him, and
was sent to Hoxton to fetch it.

Cross-examined by Sir A. Phillimore—She was with
Mrs. A. Leveson Gower three months. She was with Mrs.
Major Chetwynd before she went. Mr. Chetwynd called
her " Tizzy" because the children did so. Mrs. Chetwynd

told him she did not like it. When she went to London

in Mrs. Chetwynd's clothes she went into the housekeeper's
room. She did not remember going into any other room.
She left Mrs. Chetwynd's service because she wanted to
go abroad. Miss Edwards was with Mrs. Chetwynd dur-
ing the whole time she was at New Brighton. She knew
nothing about any accusation of adultery with Mr. Chet-
wynd before she read it in the papers. It was quite a
surprise to her. Mr. Chetwynd sent to her friend's in St
James's-place, to inquire where she was living, and Mr
Palmer, the solicitor, then called upon her. She did not
know that there was a public-house in Wimpole-street.
She was never there with Mr. Palmer. i.While at Brighton
the visits of Mr. Matthews were paid in the afternoon,
certainly not in the morning, because Mrs. Chetwynd did
not get up until late. Mr. Matthews came alone. She did
not know whether Miss Edwards-was there or not.

Sir R. Phillimore---Do you think she was there ? Wit-
ness—l don't know.
Sir R. Philliinore pressed the question, and Mr. Hawkins
objected, remarking that if it was allowed he should ask
some of the witnesses what they thought Mrs. Chetwynd
was doing on certain occasions. (Laughter.)
The cross-examination was then continued, chiefly with
reference to the flouring of the stairs, the reason of which
she said she did not know. It never occurred to her that
Mr. Chetwyndhad any improper intimacy with any of his
maid servants. She believed he had not. Mrs. Chetwynd
told witness she floured the stairs because she wanted to
have a divorce from her husband, but she did not say upon
what ground. She said she wanted to get half her hus-
band's property.
Hannan Datten, an attendant at Peckham House, said
her maiden name was Emerson. She went to live at Long-
don Hall in July 1861, and remained until Feb. 1862.
She was the parlour maid. She remembered a disturbance
about some sovereigns. There were a few words about it
in the dining-room, and subsequently in the housekeeper's
room. She saw Mrs. Chetwynd next morning, but she did
not see any marks upon her. Mr. Chetwynd was very kind
and indulgent to his wife. She had frequently heard words
between them in reference to Mrs. Chetwynd's bills. She
never knew of Mr. Chetwynd throwing a cup or saucer at
his wife. She went into the room after the disturbance and
cleared away the things. They were in the same state that
she had left them, and none of them were broken.
The case was proceeding when we went to press.

[The following cross-examination of Mr. Chetwynd ap-
peared in our late edition of last evening :--]
Cross-examination continued—l know a Mr. Mulock.
He is now in Stafford Gaol. He writes for the Stafford
newspaper. I have not seen him since these proceedings
commenced. I have had a communication with him re-
specting this case. lam aware that he is in prison for a
contempt of this court. I was in communication with him
before the fact. It was not for the purpose of getting him
to intimidate my wife from bringing this suit. I told him
he must not publish certain matters. The reason that I
had a private letter bag was because I found that
my letters had been opened. When I went into
Mrs. Chetwynd's boudoir after she had left I
found the diaries I have spoken of. It would be late
in February, 1864. They were in a desk, which I opened
with a key. I found nothing but the book. I have not
read them. One I have never opened at all. The two
French books I found on the book shelves, amongst about
30 or 40 others. Mrs. Chetwynd first absented herself from
my house without my permission. She used to go out
when I was not at home. If she had asked me I should
have objected to her frequent visits to London. I thought
it was a useless expense, and I did not know where she
used to go to, further than it was to hotels. At home she
principally visited the Knights. I positively deny that low
people ever dined at my house. I know the blacksmith
and butcher living near Longdon. -They never dined at
my table. I deny entirely every act of cruelty that has
been charged against me. I deny that I ever struck her or