The Sun.
London, England, 1853-08-05 00:00:00

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 and heartless manner in which he had
attacked the honour of the plaintiff, he felt assured 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. Ile was formerly an attorney,
practising at Peterborough. He is aboui 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 f 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 Tlaintiff 414
wife' for-the first few years- after their maiage 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
and in company together. I have seen the
out walking
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
-was
knaont
in a stateythingof of
thepsoovret,rtby, uteerartathienrly, thdeuclngtrathrye.yeHarse
1850, 1851,
in
and 1852.
I heard h
52. Ibelievtetaht Mrs. Atkinsonathestillhasa
very
comfortable 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 th e 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 fur
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. BovlLL.—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 arid Mrs. Atkinson was there.

James Cummins said,—l was footman to the plaintiff
after he 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 said—l 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 ?Ir.
Atkinson, and he fetched his wife from another lodging.
I saw Mr. 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
sweep, and as I was going downstairs I saw Mr. Bald-
win come out of Mrs. Atkinson's bed-room. Ie had on
his dressing-gown and a cap, and I am sure he had no
trousers on. He went into the drawienngt uito Mdrawing-roomand re-
mained there a little time, and then w
rs. At-
kinson's bed-room again, and after remaining there a
doing the
tlbi thoughtn
g tbat
short time, he went into his own bed
from all I saw Mr. Baldwin was not dor
was right. I had reason to believe, upon one occasion
while Mr. Atkinson was away, that two persons had slept
in her bed, and on the same morningnwn I saw that the de-
fendant's bed had been turned down but not slept in.
When Mr. Baldwin was absent, the little girl, the eldest
daughter, used to sleep with her mamma, but when he
was there she slept in a spare room
By Mr. Ballantine—l was first s.poken to about this
matter in May of the present year. No inquiries were
made of me before that time. I had a few words with