The Sun.
London, England, 1862-12-02 00:00:00

the trial, or she could have gone to my house in
Piccadilly. She never honoured me with her pre-
sence there. I had no control over her, she would do
as she liked. (Laughter.) When she left me she
went alone. I advertised in the papers that in cons
sequence of her scandalous conduct I would not be
answerable for her debts, and directed my solicitor
to get in my bills and discharge them. A separation
took place in June, 1862, by which I was not to
molest her, and I should not have gone near her
afterwards if she had not bothered my life out.
(Laughter.) She took a house in Westbourne-ter-
raee, and paid for it out of her own money. She
was constantly writing to me, and I went back. I
spent a great deal of money, az2d I then separated
from her again.
Mary Ann tiecker deposed—l was in Mrs. Wind-
ham's service in 1861 and 1862. I was with her at
Bilborough House, St. John's-wood, Manchester,
Newcastle, Clarendon-gardens, and other places. I
was in her service before her marriage, when she
was under the protection of a gentleman. The first
time I saw her after her marriage was at the Euston
Hotel. She afterwards went to Glasgow. I went
into her service when she returned to Bilborough
House. She kept a French servant, John Foyle,
who acted as footman, myself, and there was a cook
for a short time. I attended on her. The first or
second day 1 was sent for to light a fire in the bed-
room. She and Giuglini were in bed together at
the time. He lived in the house for a fortnight or
three weeks.
Mr. Huddleston—Where did you say you saw
them ?
Mr. Baron Martin—You have got them in bed
together what more do you want ?
Mr. Keane—How often did you see them in
bed together ?
Witness—Every night.
Did they appear to be living as man and wife ?
I believe so. (Laughter.) They did the same at
Liverpool and Manchester. When she lived at
Clarendon-gardene, Giuglini came at night and
left in the morning.
In what part of the house used he to spend the
night ?—in the bedroom. (Laughter.)
And did you see them together as man and wife in
the house ?—I suppose so. I saw them in bed to-
gether. That lasted up to the time of Mrs. Wind-
ham's going to Felhrigg Hall on the Bth February.
I have not lived with her since.
Cross-enamined—l went to Felbrigg Hall with
her. John Foyle did not. He was Mrs. Windham's
servant. I did not mention to any one that she was
living with Giuglini. I was not asked.
J3hn Foyle deposed—l went with Mrs. Wind-
ham in 1856, when she was Miss Willoughby.
I acted as her eoachman and drove her about town.
She Was then living in Orchard street, under the
protection of a gentleman. I first knew Giuglini
from his visiting her there. Before her marriage
I used to drive her to Somers-terrace, Brompton,
where Giuglini resided. I recollect the marriage
taking place in 1861, a week or fortnight after
I saw her at the Euston Hotel. I then went
into her service again, and at her directions
I went to Mr. Poole's and was measured for
my clothes. I went with her to Bilborough House.
Giuglini ;came there to live. Mrs. Windham was
living with Giuglini at the time of the lunacy in-
quiry. Mrs. Windham accompanied Giuglini on a
professional tour. I was left in charge of the house.
I have taken bills up to the bed-room and seen them
in bed together as man and wife. It was the same
at Clarendon-gardens. Giuglini used to go out in
the brougham with her. I never saw the defen-
dant at Bilborough House or Clarendon-gardens,
Mrs. Decker was recalled—l never saw Mr.
Windham at either of the above places.
The deed was then put in, by which Mrs. Wind-
ham was entitled to an income of £BOO a year.
This was the defendant's case.
Mr. Baron Martin said, that being so, he was pre-
pared to tell the jury that if they believed the de-
fendant's witnesses he was entitled to the verdict.
Mr. Huddleston said in that case it would be idle
for him to struggle with the case farther. Assum-
ing adultery had been committed, would not the
condonation in Westbourne-terrace make the defen-
dant liable ? The conversation that he proved on
the 28th Feb. was a recognition of the wife's
authority to pledge the husband's credit.
Mr. Baron Martin said that probably in the case of
a kept woman it might, but not in that of a wife.
Mr. Huddleston said that probably his lordship
would give him an opportunity of challenging that
ruling.
Mr. Baron Martin said he did not want leave.
He could move without it. He should direct the
jury that by law aimarried woman could to a cer-
tain extent bind her husband ; but if she were liv-
ing apart from him and committed adultery, she
absolutely destroyed her agency, and ceased to have
any power to bind her husband, and every contract
she made under these circumstances was void as
against the husband. Condonation had no effect,
for the contract arose here at the moment it was
made, and the work and labour done, and anything
that subsequently passed between the plaintiff and
defendant could not at all affect his liability. In
point of law he never was liable, and it was not
only law but reason and common sense.
The Jury then returned a verdict for the defen-
dant.

MIDDLESEX SESSIONS, Dec. 1.

The December general sessions of the peace for
the county of Middlesex commenced yesterday
morning at the Sessions House, Clerkenwell-green,
before Nlr. Bodkin, assistant judge, and a bench of
magistrates. The calendar is very heavy, consider-
ing the short time which has elapsed wince (he ter-
mination of the former session on Friday week,
there being 93 prisoners for trial, 82 being charged
with felony, and 11 with misdemeanor. The state
of education of the prisoners was reported as lower
than the average, for amongst the number com-
mitted 19 could neither read or write, 49 read and
write but imperfectly, 19 could read only, and five
were described as being able to read and write well.
The grand jury having been sworn,
The Assistant Judge addressed them as follows :
—Gentlemen of the Grand Jury,—At the last ses-
sions held in this court I felt it necessary to make
some allusion to the recent increase of crime in
the metropolis, and particularly to the fre-
quent occurrence of those daring outrages upon
the persons and property of individuals by which
the streets and highways had become altogether
unsafe, and the lives of those who frequented them
constantly placed in jeopardy, and I intimated that
this alarming state of things would make it the
duty of those in any way entrusted with the admi-
nistration of the criminal law to visit with the ut-
mast severity all who might be convicted of such
offences. I fear that it is not a temporary increase
of the officers of the police, or a spasmodic recourse
to unusual severity, that can satisfactorily secure
the public safety. No doubt the removal from the
streets of a considerable number of hardened crimi-
nals is a direct and positive advantage, but we un-
fortunately see that these diabolical attacks are still
occurring. We must therefore look further for a
solution of the difficulty, and I think it will be found
in a great measure attributable to the system upon
which convicts have been treated since the period
when the power to pass sentence of transportation
was abolished, and penal servitude adopted as a
substitute. I was enabled not long since to visit the
convict prisons at Dartmoor and at Portland, which
are I believe amongst the most important in the
kingdom, and where large numbers are undergoing
penal servitude. I shall not for obvious reasons go
into detail, but I confess that upon the whole I be-
came strongly impressed by the belief that the sys-
tem pursued in those establishments was not calcu-
lated to deter from the commission of crime those
who are habitually following it as a trade. The ex-
perience of many years' practice at the bar has con-
vinced me that, as a general rule, the fear of tran-
sportation is much more powerful in restraining
offenders, and certainly in a greater degree influ-
ences their associates and connections. Though lost
and degraded, it is rare indeed that any individual
is so isolated as not to have relatives or ac-
quaintances interested in his fate, and from
these the cry has constantly arisen for
" any amount of imprisonment so that he can be
saved from transportation," and I have no doubt
that the certainty of such a separation acted
in very many cases upon the associates
of criminals, and induced them to use their influ-
ence, vicious and profligate though they might be,
in preventing the commission of desperate offences,
sure to be visited by this dreaded penalty. This is,
of course, a question for the legislature to deal with,
bat so far as the opinion of those who have to bear
the burden has been pronounced, there seems a ge-
neral concurrence in what has been so truly said,
" that a confirmed thief is never so expensive as
when he is at large." Supposing the more desperate
re
offenders to be removed in the way suggested, s
would remain by fin- the most numerous elas t
sl
ervitude would whose treatment
m still
see to requireuoders carefuletitenc
sentence of
f previ-
sion. Oneto omfethweams
the
obvious improvements
distinction
swteheant
occurred •
and
thosesernz(l,ll:o
hpaednaptrseevrvictlituusdi; ft!orndtehregfiornset time
t
punishment.l cannot help thinking that if the
latter class were doomed to much more rigorous
treatment they would be perpetual examples of
what the former would have to experience if, by a
return to their previous habits, they rendered
themselves again amenable to the justice of the
country.

ASSAULT ON TUE POLICE.
Joseph 18, a soldier, was indicted for nn-
lawJohn Laskey, a police-constable,
'‘n the execution of his duty.
assaulting
The prosecutor, police-constable, 224, stated
fully imbY'

aMME