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

MIDLAND CIRCUIT.—IVAiti,vicK, MARCH 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 h© 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 aslto 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 been 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
Ihad 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 ill 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—It 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 undorstood
I should be her counsel. From the 20th of June 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 volunteered 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 referred Mr. Kennedy to a letter of
Mrs. Swinfen's written in September.
Mr. Kennedy--I 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. Svfinfen on the understanding that you

should receive no fees from her except those which
were exacted from the opposite side ?
Mr. Kethiedy—Most decidedly not.
Mr. Kennedy was further ero,p.,-exurnined on thi6
point, and at length said that he wrote to Mr. Simp-
son on the Bth of February a letter in which ha-said
he would return any fees he did not deserve in the
action of " Swinfen v. Swinfen."

Mr. Kennedy—l do not remember telling Mr.
Cole I was acting without fees. Told him I was
acting as Mrs. SWillfeli'd 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 ho 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 you 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 P
Mr. Kennedy—" Not adulterous." I wrote to
Mr. Charmer 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 by 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.
Retelling 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 es 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.
teeter. 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. Ma caulay 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 robbery 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 ho was liable to be 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 ho 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. S win-
fen's second marriage. Did ho think she would
marry again ?
Mr. Kennedy said he would rather not go into
the question, but ho 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 ho
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 ivinfen. He then for the first time mentioned the
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 ibf 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.
I 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
these." 1 don't remember oaying they were pledges
of future remuneration. Mr. Kennedy led Mr.
Edwin James to Fuppose I should not be averse to
a compromise. Ile said, " I have lured Mr. Edwin
James down to Stafford because I wished him to
fight the cause." never said I should be able to
make him a rich man, and I never said, " It will be
£20,000 in your pocket.' I remember Mr. Ken-
nedY saying something about standing for a seat in
Parliament.
The court was then o.3journed.

A G IGAN TIC EEL.—On Wednesday morning, Mr.
Currier, on opening his cel-traps at the sluices on the river
Wey, between Shalford and St. Catherine's Hill, found
one of them to contain an cel of most unusual dimensions,
quite throwing into the shade anything of the same descrip-
tion ever previously captured in these waters. The eel,
which was remarkably vivacious, cn being sent to scale,
was found to weigh s?lb, and to be 3ft. Gin. in length, and
Sliz. in cirolunference.—We4