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HOME CIRCUIT.—CROYDON, AUGUST 4.
CIVIL SIDE.
(Before the Chief Baron and a Special Jury.)
TIIE QUEEN V. THE DUKE OF CAMBRIDGE.

This cause was resumed to day.
Some further evidence having been adduced the case
went to the jury, who, after a short deliberation, re-
turned a verdict for the Crown upon some of the Wales,
and for the defendant upon others, the effect of the ver-
dict being to negative the existence of a carriage road,
but establishing the right of the inhabitants to a foot-
path across the warren.

ATKINSON V. BALDWIN.
This was also a special jury case. The action was
brought against the defendant, formerly the member for
Totnes, to recover damages for the seduction of the wife
of the plaintiff.
The dttendant pleaded " Not Guilty."
Mr. NI. Chambers, Q.C., Mr. E. .James, Q.C., and
Mr. Boyd!, were counsel for the plaintiff ; Mr. Serjeant
Shee, Mr. Ballantine, and Mr. Knapp were for the
defendant.
Mr. Chambers, in opening the case, said, that this
was an action brought by the plaintiff, Mr. John'elen-
ton Atkinson, against the defendant, Mr. Charles Barry
Baldwin, for having committed one of the most grievous
injuries and one of the most serious breaches of friend-
ship that one man could commit towards another. The
plaintiff claimed damages from the defendant for having
nad criminal connexion with his wife, and the circum-
stances he should lay before the jury would disclose a
degree of cool indifference to the rights of friendship and
hospitality such as was rarely met with in cases of this
description. The defendant was a man not Anknown
in public life ; lie NM a, man of considerable-forttrne4nali
of mature age. He had formerly been a member of Par-
liament ; and it would be a part of the case, which in
the discharge of his duty he should feel it necessary to
lay before them, to prove some of the circumstances con-
nected with the public life of the defendant. The plain-
tiff, although a gentleman undoubtedly by his condition
in life and education, yet certainly was not in such a
high position as the defendant. He had originally prac-
tised as an attorney at Peterborough, and was clerk to
the magistrates at that place, and while he was thus en-
gaged he became acquainted with the lady whom he
subsequently married, and who was the unhappy subject
of the present inquiry. She was the daughter of Mr.
Tomlin, a gentleman of large fortune, who lived near
Peterborough. At first the parents of the young lady
were averse to the match, but at length they consented
to it, and the marriage took place with the consent of all
her family. They lived in happiness and comfort for
several years, and two girls were the result of the union.
They were both still young, the plaintiff being under 40,
and there was every prospect of a continuance of happi-
ness until the plaintiff unfortunately was introduced to
Mr. Baldwin, the defendant. After the marriage had
taken place, Mr. Atkinson relinquished his office as clerk
to the magistrates and engaged in a brewery speculation,
and in 1851 it appeared that the state of health of his
wife rendered it necessary that she should leave Peter-
borough for change of air. Her father, in addition to
being possessed of property in the neighbourhood of that
town, also had a marine residence on the Isle of Thanet,
called Dane-court, and it was arranged that Mrs. Atkin-
son should go there for the benefit of her health ; and it
was here that she unfortunately was introduced to the
defendant. He had been a married man for a great
many years ; his wife was in ill health and staying at
Torquay ; and it appeared that the defendant, while at
a dinner party at the residence of the late Mr. Hum-
frey, who was at that time residing with his lady in the
neighbourhood of Dane-court, was introduced to the
plaintiff and his wife. An intimacy soon, it appeared,
sprung up between then ; and, taking into consideration
the facts of the position of the defendant and that he
was 65 years old, the jury would readily believe that the
plaintiff was not likely to entertain for one moment the
idea that he could so far forget himself or what was due
from him as a man of honour as to take advantage of
the confidence reposed in him to endeavour to seuce
the affections of his wife. While the parties were in
this neighbourhood they were on the most friendly terms.
Mrs. Atkinson was fond of music ; the defendant was
also fond of it. He had, it appeared, a box at the
Opera, and conversation upon matters of this description
was pleasing to the lady, and there was no doubt that
they were on the most friendly terms—Mr. Atkinson,
from the circumstances and position of the defendant,
not having the slightest suspicion as to his object.
About this period, it would be remembered, there was a
good deal of excitement in the political world. The de-
fendant had been defeated in a contest at Totnes, and a
petition was pending in reference to the election ; and
as Mr. Atkinson had always taken considerable interest
in political matters, and his views coincided with those
avowed by Mr. Baldwin, this tended to increase the in-
timacy between them, and when the plaintiff as ai his
wife left Dane-court the plaintiff invited Mr. naltiwin
to visit him at Peterborough. Mrs. Atkinson still con-
tinued unwell, and in the course of 1852 it was found
advisable to send her to Ramsgate, where a lodging was
taken for her, and she and the plaintiff lived there to-
gether, at such periods as the latter could spare from his
business at Peterborough. The intimacy with the de-
fendant still continued, and it had indeed by this time
ripened into a sort of affection, and it would seem that
the plaintiff, from the defendant's age and the kind-
ness he had so often expressed for him and his children,
was induced to look upon him almost in the light of
a relation, or, at all events, of a very kind and good
friend ; and, not entertaining the slightest suspicion
of anything improper, the plaintiff readily consented that
Mr. Baldwin should occupy a bed-room in the same
house where he and his wife were staying at Rarnsgate.
He should show that the plaintiff was a most affection-
ate, kind husband, that he confided entirely in the
honour of his wife, would not insult her by any un-
worthy suspicions, and also placed the most entire con-
fidence in the honour of the defendant, imagining that
his age and position were sufficient to justify him in en-
tertaining that opinion. He felt it right, however, to
mention that a circumstance did occur at Ramsgate
which suddenly excited the suspicion of the plaintiff,
and he in consequence ordered the defendant to quit the
house. It appeared, however, that after he had an ex-
planation with his wife, and received from her the most
solemn assurances that there was no ground for the sus-
picion he entertained regarding the existence of an im-
proper intimacy between her and the defendant, the
plaintiff, like a kind and confiding husband, as he should
prove he had ever shown himself, cast the suspicion
from him, and entered on the same terms of friendly in-
timacy with the defendant that had existed between
them before the occurrence to which he had referred. He
had before informed them that a petition was pending
relating to the election at Totnes, in which the defendant
had deen defeated, and about this time it became neces-
sary that evidence should be obtained at Totnes relat-
ing to the election, and as the plaintiff had been brought
up to the law, and was, besides, a very active and intel-
ligent man, the defendant requested him to go to Totnes.
and do what was necessary in the matter on his behalf.
The plaintiff and his wife were at the time staying at
Peterborough, and it appeared that the defendanta:Trohe
to them and expressed a desire to meet them,
was d
accordingly did go down, and the arrangement
for the plaintiff to go to Totnes for the purposemade he
had mentioned. Mr. Baldwin then left, but it
would appear that before he did so the p.laintiff ob-
served something in the conduct of his wife and the
defendant which again roused the suspicions he had be-
fore entertained, and he determined to take steps to as-
certain whether his suspicion was well founded or not.
The plaintiff resolved to go to Totnes, had been ar-
,ranaed ; but before his departure he made an arrange-
ment' with one of his clerks that if any letter should come
to Peterboz:ough addressed to his wife, in the handwriting
of the defendant, they should be transmitted to him.
He then left Peterborough, and shortly afterwards he
received from his clerk the letter he should read to them,
and which could leave no doubt on their minds of the
guilt of the defendant. The letter was as follows. It
was dated Sunday evening, and bore the postmark April

24 :
" My dearly beloved angel,—
know that what I have
decided upon will annoy you and cause many exclamations
of ' A-h ! he is cool ! he does not love me any longer ,he
has got some one else !' But I shall only say, what is . the
fact, that there is not any ground for such ideas or such
suspicions, for I love you dearer than ever ; but I will not
jump out of the fryingpan into the fire, which it would be
to go down to P. You may be sure he has left his spies
and scouts about the station. If it depended on myself
alone there is no sacrifice I would not make ; but as I
have frequently told you, and that from the first, that
I will not do anything (not even to save my life) to com-
promise my poor sick wife and two darling girls. You
must be mad to think of my going to Peterborough. I
send a sovereign to pay your passage up. I have not a
51. note by me, and it is Sunday, and I cannot get one,
but I will give you more when we meet. Start by the
half-past four o'clock train to-morrow, and I will be
aat the
station to meet you. There can be no danger s you
can say you came up to meet Mrs. Collis. Even if it were
not dangerous to go to P. I could not manage ; for the de-
lay of going there last week has thrown my business in
arrear, and while the master's eye is away I find that
nothing is done. I have scarcely slept since we met, as,
with all my desire to go to bed early, business has kept me
up till 1 or 2 in the morning, and I have immensity to do
before Wednesday, when my case comes on. This must
not be neglected. Do not worry yourself, but come up
cool if you love me as dearly and tenderly as Ido you. I
do not call it love to compromise yourself and the as well
as my family. I call that m but it is adness. You see I can reason
at
as coolly as possible, and yet adore you ; th
adoration that makes me. Good bye. God bless and pre-
serve you, with millions of kisses. " C. '
Mr. Chambers proceeded—This letter left no doubt
upon the mind of the plaintiff of the dishonour he had
sustained, and he immediately communicated with his
friends and the members of his family, and consulted
them as to the course that should be adopted. It would
appear that, although Mrs. Atkinson did not obtain
possession of this letter, yet, from some causer other,
she went away from Peterborough, about the time that
was appointed, by the train for London, taking with her
only a change of dress, and she di d not return until the
following day. Further inquiriesethe plaintiff, the result of which ft
le no
hi dou
wife bt whatever
that during the whole of the period s and
defendant were staying at It
course an adulterous inter-
course was carried on between them. These were the
facto he 0h0414 hay° to lay before thew, and he appro.

hended that in the result the only question the jury
would have to deliberate upon was as the amount of
damages that ought to be paid by the defendant ; and
when they considered his position in society, his age,
and the deliberate
attackedthehonouarnd of Itiheaerptlleasisntmiffa,nhneerfei ntt which
urehdehad
they
would consider the case one which called for heavy
damages.
The following witnesses were then examined :
The Rev. Stephen Fawcett said, —I am the rector of
Eaton Socon, in Bedfordshire, and a magistrate for that
county. The plaintiff is my brother-in-law. I have
known him about 16 years. He was formerly an attorney,
practising at Peterborough. He is about 38 or 39 years
old. I. married the plaintiff to his wife on the 6th of
August, 1840. She was the daughter of a gentleman
named Tomlin, of large fortune, in Northamptonshire,
and the owner of Fotheringay Castle. A sum of money
was given to the plaintiff upon the marriage, but no
settlement was made. Mr. Tomlin bought a place
called the Vineyard, at Peterborough, where the plain-
tiff and his wife resided. I used to visit them up to the
time of this affair. They appeared very happy, and to
be very kind to each other, and if the plaintiff erred at
all it was on the score of indulgence. Two children
were the issue of the marriage. They were both girls ;
one is aged 12, and the other 10. The Dean of Peter-
borough and other persons of distinction used to visit
them. In the month of March the plaintiff made a
communication to me with regard to the conduct of his
wife and Mr. Baldwin. He appeared excessively pained
and not able to control himself. I consulted other mem-
bers of the family, and the result of our advice was
given to the plaintiff. Mrs. Atkinson was directed by
. her medical man to live as much near the seaside as
possible, and during her absence Mr. Atkinson con-
tinued in his business at Peterborough.
Cross-examined—l saw more of the plaintiff and his
wife for the first few yeari after their marriage than sub-
sequently. I always considered them to be on very
friendly terms. I resided at a distance of 25 miles
from Peterborough, but I and my wife generally
stayed there, at the house of the. plaintiff's father, for
more than a month every year, and I was then con-
stantly in the habit of seeing them. I never heard that
the marriage took place against the wishes 'of the lady's
family, but I know there was some misunderstanding
about-a settlement. The plaintiff suggested something
to be introduced into the settlement to which Mr. Tom-
lin would not accede, and no settlement was con-
sequently made. This took place about a week
before the marriage. I am not aware that the
plaintiff was frequently away from his wife for a con-
siderable time, and that he passed a good deal of time
in the company of sporting men. I have seen them
out walking and in company together. I have seen the
lady's father at the plaintiff's house at Peterborough. I
do not know that the plaintiff's affairs became embar-
rassed after he lost the brewery. I have no reason to
think anything of the sort, but rather the contrary. He
was not in a state of poverty, certainly, during the years
1850, 1851, and 1852. I believe that he still has a very
comfortable income. I heard that Mrs. Atkinson got
into a bad state of health after the birth of the second
child, and that she went to the seaside, and during the
year 1852 I have no doubt that she was for many weeks
away by herself. I never dined at the Vineyard when
the defendant was present in 1852. At that time he
was a new acquaintance. In February, 1852, the de-
fendant was laid up with a serious illness, and was con-
fined to his bed in the plaintiff's house for a week or two.
I think I have heard the plaintiff say that his wife went
into his bedroom to wait upon him during his illness.
I have also heard the plaintiff say that the defendant was
living for weeks in the house at Ramsgate with his wife
when he was not there. It was always arranged that
Mr. Baldwin should live with them. I have heard that
he used to send in fish or a joint of meat, or such things,
but I never heard that he paid the whole of the expenses
of the establishment. I know that the plaintiff received
money from the defendant, but I understood that it was
pressed upon him by the defendant after he had refused.
The money, I understood, was to be invested in the
brewery. It was 1001. lam not aware that the de-
fendant was to receive interest for the money. I re-
member hearing of the plaintiff having to give up the
brewery, and that he requested Mr. Baldwin to get him
some public appointment.
Re-examined—l heard that the defendant solicited the
plaintiff to leave Peterborough and come with his wife
to London, where he promised to get him an appointment
through the influence of Lord Derby. I never heard
that the plaintiff was embarrassed. He had 23,0001.
invested in the brewery. He kept an open and a close
carriage, and Mrs. Atkinson continually rode out in
them. They were visited by all the elite of the neigh-
bourhood. I never heard of the plaintiff being charged
with any unkindness towards his wife. Mrs. Atkinson .s
father resided close to Ramsgate, at Dane-court, and she
used to visit him while she remained there.
Mr. James Anderton.—l am a solicitor, of New
Bridge-street, London, and was clerk with the plaintiff's
father 50 years ago, and I have known him from his
childhood. I was present at his marriage. Mrs. At-
kinson is a lady of considerable personal attractions.
They appeared to live on the most affectionate terms. I
heard of their desiring to leave Peterborough, as it did not
agree with the health of the lady. There were other reasons,
such as disliking the place and the people. Mr. Atkin-
son took a warm part in politics. In consequence of
their wish, I endeavoured to obtain an appointment for
the plaintiff in London. I have seen letters written by
the lady to her husband, and they were all couched in
most affectionate terms. Some of the letters were
written as lately as March last.
Cross-examined.--MY avocations were in London,
and I had not many opportunities of seeing them to-
gether.
Re-examined by. Mr. Bovxm—They appeared on all
occasions to be most affectionate, just as I have seen
you with your wife. (Laughter.)
James Hirah—l was coachman to be plaintiff for
nearly three years, and was at Dane-court when the
plaintiff and his wife went there in 1851. I used to take
Mrs. Atkinson to the residence of Mr. Humfrey at that
time, and I used to see Mr. Baldwin with her, and he
frequently visited at Dane-court after Mr. Atkinson had
gone home to Peterborough. I used to take letters from
her to Mr. Baldwin, and she told me to be sure not to
deliver them to any one else, and I was to bring him
back in the pony chaise to Dane-court. Mr. Baldwin
was stopping at some clubhouse at Ramsgate at the
time. He used to visit at the house of Mr. Humfrey.
Cross-examined.—Mr. Baldwin and Mrs. Atkinson
used to drive out almost every day at Ramsgate, while
Mr. Atkinson was there. He very seldom accompanied
them. Sometimes he walked on the pier while Mr.
Baldwin and Mrs. Atkinson was there.
James Cummins said,—l was footman to the plaintiff
afterhe returned from Dane-court to Peterborough in 1851.
I remember seeing Mr. Baldwin very frequently at the
plaintiff's house, One summer evening I was ordered to
take the wine and dessert upon the lawn. Mr. Atkin-
son went out to the brewery, and I went into the garden
to fetch the glasses, and as I was going past the draw-
ing-room door I heard a rustling, and Mrs. Atkinson
said, " Really, Mr. Baldwin, I saw a cricket ; but I
have not caught it." (A laugh.) Mrs. Atkinson was
stooping down, and Mr. Baldwin looked quite fatigued.
(Laughter.) I heard nothing more, except that Mrs. At-
kinson said she was sorry she had not caught the cricket
and that she had disturbed Mr. Baldwin from his sleep.
Mr. Baldwin was " wheezing and blowing." (Much
laughter.) I could not see the condition of the clothes
of either of the parties, as it was nearly dark. I have
heard Mr. Baldwin and Mrs. Atkinson kiss one another
when they parted.
Cross-examined—Mr. Atkinson was not in the house
when this occurred. He was generally absent the
greater part of the day, engaged in his business. I had
heard the sound of crickets in the room where Mr.
Baldwin and Mrs. Atkinson were, and, therefore, I did
not think it extraordinary that Mrs. Atkinson should
talk about a cricket. I did not tell anybody of my
suspicions at the time except the maidservants. (A.
laugh.) I did not tell my master that I thought some-
thing wrong had occurred. The defendant was rather
asthmatical and used to wheeze a good deal. (Laugh-
ter.) Mrs. Atkinson had a silk dress on. I was in the
service of the plaintiff about eight months. There was
no way to get to the lawn where the dessert had been
placed except by going through the drawing-room.
Re-examined—Mr. Atkinson came home to luncheon
and dinner. He and his wife appeared to be on very
affectionate terms. •
Jane Hogben am the wife of Stephen Hog-
ben, a boatman at Ramsgate. I was engaged to cook
at the house where Mrs. Atkinson was staying, 16,
Nelson-crescent, in February last year. I first saw Mr.
Atkinson, and he fetched his wife from another lodging.
I saw Mr.i Baldwin also there. He came with Mr.
Atkinson to look at the lodging. He engaged a bed-
room for himself near the one occupied by Mrs. Atkin-
son. The wished him to take that room. A girl named
Susan Perry was a servant in the house at this time.
Mr. and Mrs. Atkinson did not come to the house
till October. Mr. Baldwin and Mrs. Atkinson appeared
to be very familiar with each other. On one occasion I
went into the drawing-room, and I saw Mr. Baldwin
sitting on a chair, and Mrs. Atkinson was on his knee
stroking his head. (A. laugh).) I had forgotten to
knock at the door before I went in. Another time Mrs.
Atkinson was lying on the sofa and Mr. Baldwin was
sitting close by her, and I saw him draw his hand away
from her person. I heard something said about the
servants not knowing their place, which I suppose
alluded to my going into the room without knocking at
the door. One morning I got up early to let in the
Bald-
win come and asmeostol asfwmrsgg downstairs . oAiitikinssnsbecis. I sawroom Mr.
neh
adon
his dressing-gown and a cap, and I am sure he had no
trousers on. He went into the drawing-room and re-
mained there a little time, and then wreelitoaniiinlutiolgMtrhse.reAta-
lnnitghht
t a
At-
kinson's bed-room again, and aft„.
short time, he went into his own bed-room
from all I saw Mr. Baldwin was not doing tile Ithtiug
weaassonawtoa
yetlhi eavt et, wuopio) enr soonnes hoccasion
A It
k Ina ond r
wwhasilerigmhrt..
t
in her bed, and on the same morning
fendant's bed had been turned do I saw that the de
but not slept in.
When Mr. Baldwin was absent, the little girl, the eldest
daughter, used to sleep with her mamma, but when be
was there she slept in a spare room.
By Mr. Ballantine—l was firstmatteryear. No inquiries were
in May of the present spoken to about this
made of me before that

Frances Smith said—ln 3.852 I was servant at a
house on Royal terrace, Ramsgate, where the plaintiff
and his wife had apartments. Mr. Baldwin also lodged
there. There was a sofa in the dining-room, at the
back of folding doors which opened to a bed-room.
While I was in this bed-room upon one occasion' when
Mr. Baldwin and Mrs. Atkinson had returned from a
party, I heard something take place in the adjoining
room. There was a dreadful noise, and I thought the
folding doors would be forced in, and I went down-
staire and told.my fellow-servants I was sure that some-
thing
dining-roomdefendant. ongirawhtea 8
foldingt the tn gm
doe 0
on .
brsu
tsThereho o Mrs.k wasvA.notlki n
violently,
one
n andt inh theth
he
the sofa was pressed against them.
seen Mrs. Atkinson and Mr. Baldwinlkiso
and I have seen them sitting together onhensaa
sofa.tvoeyn'
efa as
eaqnucieethnetgelry,
Cross-examined—They had been to a ball on the night
I have mentioned. Mrs.' Atkinson and Mr. Baldwin
had been staying in the hone() about-a week atthe time.
I was in Mr. Baldwin's bedroom when I heard the fold-
ing doors shake. Mr. Atkinson did not come down
until about a fortnighthefore they all left the apartments.
no lady friend or relation of Mrs. Atkinson visited her
while she was stopping at the house in the Royal-ter.
race. Mr. Baldwin and Mrs. Atkinson used to take
their meals and walk out together. I don't know
where they went to. After Mr. Atkinson came home
Mr. Baldwin used to go to sleep at his club. There
was not accommodation for both the gentlemen at the
house. I said nothing to Mr. Atkinson about what I
had sea, and I did not tell anybody until last May,
when I was examined by the attorney for Mr. Atkin-
son. Mrs. Atkinson's children were staying with her.
The eldest child appeared about 11 years old. I never
observed that Mrs. Atkinson appeared to be in bad
health.
Charlotte Philpott said—l lived at 16, Nelson-cres-
cent, Ramsgate, at the time Mr. and Mae. Atkinson,
Mr. Baldwin, and the children were staying there. My
bedroom was under that occupied by Mrs. Atkinson,
and Mr. Baldwin occupied one near it. Upon one oc-
casion I heard Mr. Baldwin say to Mrs. Atkinson that
it would better for her to come to his bedroom than for
him to go to hers, as he made such a noise in opening
the door, and that it also made him cough, besides
which " Charlotte" slept in the room underneath, and
she could hear all that took place. After this Mrs.
Atkinson told me not to be alarmed if I heard a noise
in the night, as Mr. Baldwin frequently went to the
watercloset. I have seen Mrs. Atkinson sitting on Mr.
Baldwin's knee, with his arm round her waist. Another
time I was taking up the tea when Mrs. Atkinson came
out of her room with her hair hanging about her face,
and she appeared very excited. Mr. Baldwin was in the
room at the time. On the occasion of the Duke of Wel-
lington's funeral Mrs. Atkinson went to town, and when
she returned she was angry, and said she had missed
Mr. Baldwin at the station, and she was afraid some-
thing had happened to him. She also said, that if she
lost him she should lose the best friend she ever had.
Mr. Baldwin came home soon afterwards. Mr. Atkin-
son came down while Mr. Baldwin was there, and there
was a quarrel. Mr. Baldwin went out, and Mrs. Atkin-
son sent me after him, and I found him on the pier, and,
at her request, I told him to come to see her, and that
she had told me to say she should not be happy till she
had seen him. After this Mr. and Mrs. Atkinson ap-
peared to be reconciled to each other.
Cross-examined—Mr. Atkinson was quite aware that
Mr. Baldwin was staying in the house with his wife.
Mr. Baldwin and Mrs. Atkinson never "minced," but
used to talk quite loud, and I could hear every word
they said. I did not put my ear to the keyhole ;it was
not at all necessary that I should do so, as I could hear
everything without. He slept in the house with Mr.
Atkinson's knowledge for several days. The quarrel
took place on the Wednesday, and Mr. Atkinson
inquired of me if I knew of anything improper between
Mrs. Atkinson and Mr. Baldwin, and I said I did not.
My reason for telling this falsehood was, that I knew
Mr. Baldwin was going away, and I did not like to say
anything against Mrs. Atkinson. I said nothing when
Mr. Baldwin came back. I told the trail to the attor-
ney,'because I knew I should be put on my oath. At
the time of the quarrel Mrs. Atkinson said that her
husband had been endeavouring to take her character
away, and she wanted to pack up her things and go
home to her father. When she said this I did not tell
her what I had heard take place between her and Mr
Bald win.
Re-examined—I never saw anything improper take
place between Mr. Baldwin and Mrs. Atkinson after
the quarrel. Mr. Atkinson appeared to be satisfied that
nothing wrong bad taken place.
By Mr. Ballantine—After all this had happened
Mr. Baldwin and Mrs. Atkinson went up to London
together.
Susan Perry—l lived as servant in Nelson-cres-
cent, while Mr. Baldwin and Mrs.. Atkinson lived
there. One evening Mr. Baldwin came in about
five o'clock, and Mrs. Atkinson said to him, "My
dear, how late you are ; have you had your
dinner ?" After this Mrs. Atkinson told me not to
he alarmed if I heard any ono walking about in the
night, as Mr. Baldwin was in the habit of getting up at
night to go to the water-closet. I frequently observed,
while Mr. Atkinson was away, the appearance of two
persons having slept in the bed of Mrs. Atkinson, and that
Mr. Baldwin's had not been slept in. Several mornings,
when I was engaged in sweeping the drawingroorn, Mr.
Baldwin has come in with nothing but his dressing-gown
on, and when I went out I saw that Mrs. Atkinson's bed-
room door was ajar. I have also seen Mr. Baldwin lying
upon the sofa, and Mrs. Atkinson sitting by him with
her dress turned up. I also once saw Ur. Baldwin kiss
Mrs. Atkinson just before she was going to bed. I men-
tioned all these things to the other servants.
Cross-examined—Mr. Baldwin had no breakfast at
home, and he was generally at his club the greater part
of the day. In the evening he and Mrs. Atkinson used
to walk out together, and they seemed very familiar to-
gether. I have never seen Mr. Baldwin kiss Mrs. At-
kinson when her husband was present. Nobody made
any inquiries of me as to what I had seen until last March.
Re-examined—On the nights when Mr. Atkinson slept
with his wife I did not see Mr. Baldwin so early the fol-
lowing morning.
Dr. Harling said—l am a pbysician, and I was con-
sulted with regard to the health of Mrs. Atkinson, and
it was by my advice she went to the sea-side, as I con-
sidered the air of Peterborough very detrimental to her,
and that she could not recover while she remained
there.
By Mr. Serjeant Shee—Her case was an obstinate
one, but was not dangerous. There was a general de-
rangement of the system.
By Mr. Chambers—Her disease was not of a character
to cast any imputation upon her husband.
Mr. Robert Clark—l was clerk to the plaintiff at his
brewery.. At the latter end of April last the plaintiff
left Peterborough to go to Totnes, and by his direction I
detained the letter now produced, which I sent to the
plaintiff.
Mr. F. W. Smith, a clerk in the banking house of
Sir Claude Scott and Co., where Mr. Baldwin kept an
account proved that the letters produced were in the
handwriting of the defendant.
The letter referred to in the opening address of the
ti on
Peterborough an d
took
on a
the following day.
learned counsel was then put in and read.
Mr. C. Smith—On the 25th of April I was station-
master at Peterborough, and in the afternoon of that
("1
ticketay for
Mrs.London.Atki n eShe returned
Atkinson
came to
urn
Mr. Keen, a solicitor of London, deposed
that
Mr.
Baldwin was at one time member for Totnes,
gentleman of position and station in the and
was
a
Mr. Bryett, a solicitor of Tot deposed world.
April of the present year Mr. Atkinson that in
on Mr. Baldwin's behalf, was in that town
in
petition that was at that reference to the election
turn of Mr. Mills. time going on against the re-
This closed the case for the
Mr. Serjeant Shee the plaintiff.
powerful address to th n made a most eloquent and
He said that during ae jury on behalf of the defendant.
had never eoreewhat lengthened expe-
rience at the bar, he
listened to or been con-
cerned in a case of this description
which had created
greater feelings of shame and sorrow in his mind than
the present one. They had heard a great deal said
about the plaintiff and the
defendant, and it appeared to
be forgotten that there was another
interests were at stake in this namely,person whose dearest
theun
happy young lady, the wife
the p amti ff , to whom the
issue of
ie
issue involved in the
cleiracter.To his •
.
70, married, and with a grown up family, and who had
hitherto enjoyed an unsullied reputation, he need not say
the issue was al cost equally fearful, and he must wt.),
that in all hi experience he had never known au attempt
to be made to establish guilt of this description
upon such evidence as had been adduced that day. The
defendant could not but feel that having such a charge
preferred against him was a heavy calamity ; but there
were other considerations which were felt to be of
importance to him as a man of honour, and which must
come home to the heart of every man, laletthhtenr
iclusol.wn
el,
jury, or judge, which affected hint
more
to the un-
interest—namely, the dreadful issue involved
happy lady. The result of the fatal hazard, called a
she was to et. forth to the
trial, to her was whet her
•
world branded as an adui tsess , whether the once happy
respected
Mary Tomlin, the daughter of a man of wealth,
and beloved by all who knew her, should be thus branded
igned to contempt and disgrace—to a fate far
and cons
worse than death itself. He did not be ,
heve however,
hen the jury bad beard the evidence he should
that w