The Sun.
London, England, 1853-08-04 00:00:00

,A 1 E INT I 1.-,T G.
LONDON, THURSD.AY F
AUGUST A 1853.

NETHERLANDS LAND ENCLOSURE
COMPANY.
At the First Annual General Meeting of the Company, held at the
New Bath Hotel, Rotterdam, on the 29th July, 1853, the following
resslutio s w, re unanimously passed :-
1. 1 hat the Report now read, together with the Balance sheet of
the Company, made up to the ZO:h April last, be received and
adopted, and printed for circulation among the Proprietors.
2. That in order to accelerate the progress of the works, this
meeting her, by authorises the Pit actors to raise a sum not exceed-
ing 950,0001. on the security of Debentures, to be issued in such
manner, at such periods, and under such c aiditions as the Board of
Directors may consider best for the interests of the Company.
3. That the proposed modification of the Statutes, as now read
to the meeting, are provisionally approved, and thetDirectors are
hereby requested to call a sec ind meeting of the Shareholders, for
the purpose of ratifying the said modifications, in accordance with
Art. 52 of the Statutes.
4. That Charles Geach, Esq., M.P., and James Sibley Whittem,
Esq., be elected Directors of this Company, in the room of Mons.
Dechanms and J. B. Midge, Esq., who go out of office on the pre-
sent occasion.
5. That the best thanks of the meeting be given to the President,
Mons. P. Soitaels, and the other Directors, for their able services in
behalf of the Company.

F. SPITAELS, President,

LONDON AND NORTH-WESTERN
RAILWAY.
i.iOTICE IS HEREBY GIVEN, That the neat ORDINARY
HALF-YEARLY GENERAL MEETING of the Proprietors of the
London and North-estern Railway will hld at the Euston
Station, London, on Farnav, the ilth day eof August, 1853, at
Twelve o'clock precisely, for the transaction of the general business
of the undertaking; and at such meeting it will be proposed (in
conformity with the Act of Parl.ament passed for that purpose),
to authorise the purchase, by the London and North-Western
Railway Company, of the Coventry, Nuneaton, Birmingham, and
Leicester Railway, or any interest therein.
Dated this 26th day of July,
G. 1853.
ANSON, Chairman.
ROBT. BENSON, Deputy-Chairman.
CHAS. E. STEWART,/ secretaries,
H. BOOTH,
Euston Station, London.

GREAT WESTERN RAILWAY.-CHEAP
EXCURSION to OXFORD, BANBURY, LEAMINGTON,
and WARWICK.—On Surma, 7th August, au Excursion Train
will leave the PADDINGTON STATION at 7.45 a.m. for Oxford,
Banbury, Leamington, and Warwick, returning the same evening,
from Warwick, at 6.45, Leamington, at 7.0, Banbury, at 7.40, and
Oxford at 8.30 o'clock. The Warwick Station is only a short distance
from the romantic ruins of Kenilworth.

FARES THERE AND Beck.
First Class. Closed Carriages.
4,40,3g5ta0 •. .£4ll. Oci. • •—• . • as. 6d.
„ Banbury •• •• •• • • ........ 7s. Od. • • .... 4s. 6d.
„ Leamington or Warwick.. 108. 6d. •• 6s. Od.
The Excursion Tickets are not transferable, and are not available
for the ordinary trains. They may be obtained previously at 27,
King-street, Cheapside ; 269, Strand; 25, Regent-street, (corner
of
Jermyn-street); and at the Paddington Station.
Paddington Station, August 2.

LAITRENT'S CASINO, ARGYLL ROOMS.-
(Lessee, CHARLES E. LAURENT, Onslow-ho'ise, Fulham-
road.) Open Every Evening. The Orchestra will perrorm, during
the week. "The Sylvan," " Marie," " Dublin Exhibition," " Flower
of the Field" " Rosalinda," and "La Croix de Marie," liValtze ;
the " Topsy," "Cameronians," " England," and " Lago Maggoire"
Quadrilles ; "Etna,' and " Constance,' Galops ; " Fauchette,"
"Frankfort," &c., &c., Polkas.— Admission, Is. Doors open at
Half-past Eight o'clock; commence at Nine, and terminate at
Half-put Eleven.

ROYAL POLYTECHNIC INSTITUTION.
PAT RON —H.8.11. PRINCE ALBERT.
LECTURES.—By J. H. Pepper, Esq. :On PHOTOGRAPHY, with
Illustration, Morning and Evenings
By Pr. Bachhoffner : On CALICO PRINTING by
Voltaic Elect*.ity.
The LANCASHIRE SEWING MACHINE exhibited in Use
and explained Daily, at a Quarter to • hree, in addition to the varied
SCIENTIFIC LE.CTURE- and EXHIBITIONS. On TIII17;D YS
and FRIDAYS, at Four o'clock, and Every Evening (except Satur-
day) At Nine, the FIRST PART of an HISTORICAL LECTURE
THE THAM::S," from its Source to Its Estuary, by GEORGE
BUCKEAND, veg., assisted by Miss Blanche Younge, with appro-
priate Sons and Dissolving Scenery.
ripen Mornings and Evenings. Admission, is.; Schools, And
Children tinder Ten years of ago Half-price.

r OSWILL & CO.'s CIGAR WAREHOUSES,
No. 4 MONUMENT-YARD, and at 6,7, asd 8, PUDDING-
LANE, LONDON. The largest stocks in the Kingdom. Cubs,
6s 6d. and 7s. 6d.; Havaiinah Cigars, 7s. 6d. and Bs. 6d.; Cabanas,
Silvas, Woodvilles, It.igallas, Lopez, and every variety, Bs. ,id. to
9s. 6d. penpound ; Cheroots, Mexican, and 1-ickwicks, 6s. to 7s. per
pound ; genuine Foreign Havannah Cigars, flue quality, 205., 225.,
and 245. per pound.
Toswill and Co.'s Union, a'so their Universal Cigars, equal to
Foreign, 12s. 6d. per pound. Choice Tobaccos, Latakia, 7s. 6d.,
Turkey, ss. 6d., &c., &c.

GIRAMPTON'S PILL of HEALTH.
11: The following testimonia' is another proof of the great efficacy
of this medicine :

" Winchmore Hill, Middlesex, April 16, 1851.
Sir,—ln consideration of the great benefit I have derived from
taking Frampton's Pill of Health, I feel it a duty that I owe to you
and the public to send you the following statement. For upwards of
nine years I have experienced the efficacy of this excellent medicine.
I had long previously been afflicted with headache and indigestion,
but a fliend having induced me to make a trial of Frampton's Pills,
I now inform you that a few doses gave me great relief; and during
this long period of time I have taken them in preference to any other
medicine ; and I have the happiness of saying that I never had a
better state of health, which I attribute to Frampton's Pills. I beg
further to add, that this medicine is in general use by my family, and
we know of nothing to equal it.
" I am, Sir, yours respectfully,
THOMAS PROVINCE.

" To Mr. T. Front, 229, Strand, London.
This excellent Family Pill is a medicine of long-tried efficacy for
correcting all disorders of the stomach and bowels, and is a
pleasant, safe, easy aperient ; they unite the recommendation of a
mild operation with the most successful effect, and require no re-
straint of diet or confinement during their use.
Ask for FRAMPTON'S PILL OF HEALTH, and observe the
name and address of " Thomas Front, 229, Strand, London," on the
Goverrunent Stamp.
Price Is. Id. and 2s. 9d. Der box.

11E1 RITISH COLLEGE of HEALTH,
Hamilton-place, New-road, London.
afi
FOREIGN GENERAL AGENTS FOR THE SALE OF MORISON'S PILLS,
the Vegetable Universal Medicine.
Amsterdam ....... ..... Mr. Jacob Meihnizen.
Baltimore (U.S.) .... •• • • ...... J. C. French and Son.
Barba.does ••• • •
Barcelona (Spain)..•••• • • Messrs. Charles bola, Miret, and
Cuyae.

Basle (Switzerland) Mr. Roderick Soholp.
Brody (Germany) N. Kornfeld, Esq.
Buffalo (U.S.) Mr. Czeicke.
Cadiz Mr. J. Bensusan.
Calcutta T. Gardner, Esq.
Cape Breton ..
Carthsgena Rafael Canto, Muralla del Mar.
Constantinople
Copenhagen .
sen.
Mr. Muldner.

AND DISAPPOINTED HOPES.
TUE SILENT FRIEND.
In Six Languages—Fiftieth Edition.
CONTAINING THE REMEDY FOR PREVENTION OF DISEASE. •
Illustrated by One Hundred Anatomical Coloured Engravings and
Cases.
New Edition, enlarged to 200 pages, price 2s. 6d., by post, from the
Establishment, 3s. 6d. in stamps,
THE SILENT FRIEND, a Medical Work on
the exhaustion and physical decay of the system, produced by
excessive indulgence, the consequences of infection, or the abuse of
mercury, with directions for the use of the preventive lotion, fol-
lowed by observations on Marriage, and the disqualifications which
Oxford-
prevent it. Illustrated by 100 Coloured Engravings. By R. and L
taCbointsTeldtinbgySsuhregrewonoso,dl9a,,,B4 ecrnoe.rs2-street,
street,row, and sold by Hannay, 63, and Sanger, me, cox'ford_street ; Got.- beautiful and attractive grounds, which were thrown
Peeatiernoster- THE ROYAL PLEASURE GROUNDS AT KEW.--These
don, 146, Leadenhall-street ; 95, Farringdon-street ; W. Sutton, 10,
PEll R ILr oannddo nC.O .1:'
d • Butler, 4, Cheapside ; R Johnson, 68, Cornhill open to the public last year for the first time, by the
Bow Church-yar ,
PART I. treats of the anatomy and physiology of the reproductive
gracious permission of her Majesty, are now open for
and is illustrated season. They
the remainder of the summer and autumn
organs, .ustrated by 28 Coloured Engravings.
PART 11. tree excessive ts of the consequences resultl ng from in- comprise many beauties quite distinct in character from
dulgence, and their lamentable effects on the system' producing the Royal Botanic Gardens adjoining, and form a most
mental and bodily it t
weakness, nervous excitement, emen , and generative _.
Incapacity. Illustrated by 10 Explanatory Engravings. delightful place for promenade at this season of the year-
PART 111. treats of the diseases resulting from infection, either in Access, can be had to them either from the end near
ti
explicit
directions contains econs for
the primary or secondary form, Richmond, or from the Botanic Gardens, which serves a
their treatment. This section is illustrated by 62 Coloured Engrav- doubly convenientpurpose, inasmuch as, in addition to
ings. . .
PART IV. contains a Remedy for the Prevention of Disease by a being able to visit them after seeing the wonders ofthe
simple application, by which the danger of infection is obviated.t Botanic Gardens, on entering at Kew, visitors at Rich-
PART V. is devoted to the consideration of merriage and duties.e mond are enabled to reach them in a very few minutes,
The causes of unproductive union are alga considered, and the w ol
1 and also, if
desired,
to enter the Botanic Gardens from
subject critically and philosophically inquired into.
THE CORDIAL BALM OF SYRIACEM is exclusively employed in treat- i them, instead of, as was always hitherto the case, having
ing nervous and sexual debility, impotence, &c,, Ils and 335, per to journey all the way to Kew for that purpose.
bottle. The Concentrated Detersive Essence, an anti-syphilitic ST. PAUL'S CATHEDRAL.—The venerable Archdeacon
remedy, for purifying the blood in cases or infection, secondary -
Hale has
been pleased to grant permission to Mr. George
symptons, eruptions, and the abuse of mercury, 11s. and 335. per .
bottle. Perry's Purifying Specific Pius. 2s. 9d., 4s. 6d., and Its. 'Davis Gibbs, the artist, to make some colossal drawings
per box, a certain remedy for gonorrhoea, gl tet, stricture, and 1 from the extreme summit of the cathedral, with a view
chronic inflammation of the bladder. Consultation fee, if by letter, .
, to assist him in thepainting
H. A minute detail of the case is required ; age, habits, and post- , . of a great picture of Lon-
don which is intended
tion in society. 51. Packets, with advice, to be had at the Establish- , for educational purposes, and
ment only, by which the fee, U., is saved. Messrs. Perry, Surgeons, i which, it is expected, will prove an interesting work of
are in attendance, daily, at 19, Benlers-street, Oxford-Street, Lon' I art, as, unlike other things of akind,
pos-
don, from Eleven till Two, and Five to Eight; on Sunday Item 1, similar it will
even to one. t sess all the most modern improvements.

Price Is. each; by post, Is. 6d.
To be had of Sherwood, 23, Paternoster-row ; Carvalho, 147,
Fleet-street; Mann, 39, Cornhill; or of M. R. Culverwell, M.D..
10, Argyll-Place. Res Tent-street. who may be consulted daily from
Ten till Five and Seven till Nine.

LAW INTELLIGENCE.

INSOLVENT DEBTORS' COURT, AUGUST 3•
(Before Mr. Commissioner Law.)
JVDGMENT.-IN THE MATTER OF RICHARD DUNN.
This insolvent who was opposed on the part of Miss
Burdett Coutts, appeared to receive the judgment of the
Court.
Mr. Commissioner Law asked the insolvent whether
he wished to be sworn to his schedule in its then
state ?
The Insolvent said there was only the general balance-
sheet. .

Mr. Commissioner Law said he should go on when

the interruptions were over.
The Insolvent declared that he wanted the facts to go
forth to the public. The commissioner had said there
was a trial when there had been no trial. He had a
witness ; let the commissioner speak the truth. The
truth must go forth to the public if justice was to be
done. He read the affidaVit he had made in his appli-
cation before Lord Campbell.
Mr. Commisaioner Law continued his judgment. There
was no witness for the trial to prove that it was Miss
Coutts's writing, and there was no witness now. All the
evidence was on one side, and there was not a circumstance
of pretence that he believed it was in her handwriting.
When that authority came he had been three years in
prison for his offensive conduct to the lady. Did that
speak his belief. He said he sent a letter in reply, full
of gratitude and enthusiasm, and he said he believed it
was genuine. It was possible that some of the inmates
of the prison had. played a hoax upon him, and had a
momentary laugh at his expense. Could he have be-
lieved after waiting so long that it was her writing ? It
was impossible. There was internal evidence to the
contrary. The word est satisfaciendum would show the
mind of a lawyer ; besides there was an infusion of
vulgarity, to show that it did not come from a well-edu-
cated woman. There was, in addition, as much ridicule
as sympathy in the stanzas. Could he have deluded
himself into the belief that it was her writing ! He had
a Verdict of a jury when he was indicted for perjury, and
yet in November, 1851, he brought his action for
100,0001. He (Mr. Commissioner Law) had held his
mind clear, and for six years no spark of evidence had
been produced that could give him a pretence to believe
for one moment that it was in her handwriting. The
case was one, in his judgment, of much aggravation. It
was sad to reflect on the power of one person to inflict
so much molestation, without any provocation, on a
lady, annoying with his impertinent attentions one who
was an utter stranger to him, outraging all decency of
conduct—first by his letters, and then by his appearance ;
and towards one whose exemplary life had procured her
the esteem of all who knew her, for she was a lady who
went about doing good without ostentation. (These re-
marks called forth marked approbation from a crowded
court.) His honour concluded with a few observations
that the insolvent had brought upon himself his loss of li-
berty by a perseverance in an improper course, and the
offence of which he had been convicted he had now repeated
by swearing to his schedule. It was deplorable to see one
whose intelligence and energy might have procured him
success in his profession in his present condition. Mr.
Dunn was discharged as to all debts, except the one due
to Miss Burdett Uoutts, and would be discharged when
he bad been in prison ten months from the vesting order.
The Insolvent applied for the authority back, and for
-wee k as
two
points, by
e C4so. u art on these
and said he had as much intelligence as the commissioner.
tahneallowanceact.
ie not
addressedexceeding
th
Mr. Commissioner Law refused both applications. An
allowance was never ordered at the time of the adjudi-
cation, and the authority would be in court unless the
assignee in the Court of Bankruptcy requested it.
The Insolvent said if it was sent to the Court of Bank-
ruptcy he had no objection.
Mr. Commissioner Law ordered the next case to be
called on.
The insolvent packed up his papers, and left the court
with the officer of Whitecross-street prison.
The judgment will date from the 24th June, and is
entered for fraudulently contracting a debt.

Mr. Commissioner Law told him that that document
was not sworn to.'
The Insolvent said, that as such was the case he would
swear to the schedule as it was.
The documents put in in evidence on the part of the op-
position and by the insolvent were handed by the officer
of the court to the parties, and the insolvent was sworn
to his schedule and executed the usual warrant of at-
torney.
Mr. Commissioner Law proceeded to deliver the judg-
ment of the Court. The insolvent, Mr. Dunn, was in
custody on a ca sa. for costs arising in an action in
which he did not proceed to trial. He had complained
of the costs, and the manner in which judgment had been
issued against him ; but he (Mr. Commissioner Law)
found no irregularity, and besides, they related to mat-
ters out of his jurisdiction. The learned counsel (Mr.
Cooke) fbr the opposition asked the• Court to deal with
the case for a debt improperly contracted under the 78th
section of the act. That section spoke of debts con-
tracted under false pretences, fraudulently, by means
of a breach of trust, and without reasonable or pro-
bable expectation of payment. The first question was
could it be a debt fraudulently contracted for costs in
an action ? The case of an insolvent named Wolsey
had been mentioned by the learned counsel as one in
point. In that case he (the commissioner) had com-
mented on the expression •" debt incurred," and
the same question had previously arisen in cases
of persons who, coming a second time within five
years, were, as the law then stood, obliged to show
that they had unnecessarily incurred debts. There was
a case of that description where a plaintiff had incurred
costs in contesting a bankruptcy, and the question was,
had he incurred a debt? It was held, however, that
one who had originated a question, and was in prison
for costs, must be deemed to have contracted a debt.
He might also mention the case of one Jacobs, who had
brought some qui tam action for penalties, and he failed.
The Court had held that a debt had been incurred with-
out reasonable or probable expectations of payment.
There was also the case of Gomm, heard much earlier
by the Court, in which the question as to costs being a
debt was discussed, and there it was held that to incur
a debt did not import bargain or agreement, but any
matter in which a party got himself into debt. He (Mr.
Commissioner Law) should follow, in the present case,
the principle laid down those he had cited, and
should consider that Mr. Dunn had contracted the debt
for the costs on which he was now in custody. The
question was on what did his claim rest ? Was it on a
false pretence ? It rested on an authority, as it was
called, which he received on the 3d December, 1844,
when he had been in prison for three years ; he had
stated that he had first objected to receive the letter,
which came by the post (which contained the authority)
and pay the twopence. The postman, however, said
that he had better take it, as it came from a lady, and
there were three small seals on it. The authority was
in verse, containing several stanzas, and signed "A B C."
The words on which the insolvent had drawn the draft
for 100,0001., 18 months afterwards, were—
" Send to Contts your bill, there's lots in the till,
I'll give the clerk order to do it."
And also the words
" Fill a good round sum in, as I've plenty of tin
To make you a fair compensation.'
In that poetical effusion Mr. Dunn was addressed as a
" dear pet," a " lover," and as a " jewel." At this
time the insolvent had been amerced in law costs, and
was in custody at the suit of Mr. Alexander, a friend of
Miss Coutts. However, it was alleged, notwithstanding
that fact, that it was supposed that the lady had grown
tender, and had sent him the poem. It would in his
(the commissioner's) opinion be an insult to common
sense to consider for a moment whether Miss Coutts had
ever written that authority. The question was, did the
insolvent believe when he brought the action that she
had written it ? The insolvent had never been in her
company except in a court of justice—had never heard
the sound of her voice except in a court of justice, and
had never seen her write except in a court of justice.
Never had he had any communication with that lady, or
a word of her writing, and she had wisely left everything
in the hands of her friends and her solicitor. In the
year 1838 the insolvent addressed letters to her—a most
impertinent and improper proceeding ; and when she
went to Harrogate in that year, he went down, to her
great annoyance. Mr. Marjoribanks was sent for, and
he was committed to prison. Afterwards he annoyed
her in London, and she kept the police in her house.
Mr. Dunn was committed by the justices in London,
and afterwards discharged by the Court of Queen's Bench.
In 1840 Mr. Dunn was one day given in charge by Mr.
Alexander. He sued that gentleman, and in May,
1841, being in prison, he was detained for 801. 18s. costs
at his suit. He remained in custody until 1845, and
during that period he wrote sundry letters to the lady.
He also received poetical addresses, and two poems
written by him had been produced. •
The Insolvent interrupted the learned commissioner,
saying only one.
Mr. Cooke said there were two.
Mr. Commissioner Law observed there was the
" Vision " and another. One was admitted, and the
other was in his hand-writing. The letters contained
three principal points written by the insolvent while he
was in prison. One for his discharge, another applica-
tion for money, and the third was his affections.
The Insolvent (interrupting) said he had never made
an application for money until she had sent him a letter,
in which she spoke of money as a compensation. It must
not be represented that he had attempted to extort
money.
Mr. Commissioner Law proceeded with the delivery of
the judgment, remarking that he was not going to say
that it was the leading topic of the letters. In Decem-
ber, 1844, was a letter he had written, prompted, it was
alleged, by the receipt of the letter containing the autho-
rity, and it might be the only letter in which m That as
mentioned (Mr. Cooke said there were three). That ex-
travagantly absurd effusion stated that 5001. and 6001.
would be sufficient, and asked to draw on a clerk of the
bank ; and the other letter was, that he should appeal
to the Court of Bankruptcy. In April, 1845, Mr. Dunn
obtained his discharge from that court, which be might
have asked for in 1841, and only had himself to blame
for remaining so long in prison. They next found, tthae
in 1846 he expressed his determination to act on
power contained in the stanzas he received in 1844. He
fe
had not mentioned that authority in his schedule filed
the Court of Bankruptcy, because he then
sdoubtfieeddtiohge
validity of the instrument. In January, 1
many ancient Royal charters in verses w
valid, he thought he would apply to the tilleraet 4h9e;ldStratendbe;
be wrote to the bank that he did not
h Stintedu it on,
but he filled a good round sum in, and w ereerei t
the 4th March, 1846. Not receiving the
10b0a,o0k0r0o/p.
try
the 31st March, he made his affidavit in
ato obtain a summons against the lady,
trader-
debtor, and on that affidavit he was tried ab_sebfoerne Lord
Denman, in February, 1847, for perjury, and . 1 g
con-
victed he was sentenced to 18 months' imprisoenlmeleenetd,
and to find sureties for two years ; he was not released
till August, 1850. The next act was the one which had
brought him before the court. On the 25th November,
1851, Mr. Dunn brought his action to enforce his claim
of 100,0001., founded on the bill ho had drawn by the
authority. He (the commissioner) had to consider
whether that proceeding was a false pretence, or had he
at any time a belief in the authority on which be brought
the action. He (the commissioner) had looked into the
evidence, and could discover no fragment of fact or of a
circumstance that could give him that belief. It was
possible that a perseverance in wrong might induce a
person to believe that he had some pretence, but he
could not make that excuse in this case, and there was
no evidence that he had.
The Insolvent again interrupted, saying he had acted
bona fide on the authority. He said it was her hand-
writing, and he could prove it. He could have asked
Master Bunce and other gentlemen when the proper
time had come.
Mr. Commissioner Law remarked that the proper
time was when this case was heard, and such an appli-
cation had not been made. It was not professed to be
asked for.
The Insolvent said the case was pending in the other
court. In November next, if it was in his power, he
should attempt to get it tried. It had not been tried.
He had the opinion of Lord Denman and three other
od_ one.
judges that the authority was a go
Mr. Commissioner Law proceeded with the reading of
his judgment. In weighing evidence it was necessary
to consider what was in one scale and what in the other,
but in this case one scale was full and nothing in the c
other—it was mere pretence, and no belief. When Miss
Coutts and Mr. Marjoribanks swore it was not her
handwriting, that point was settled.
The Insolvent again interrupted. Mr. Marjoribanks
had said he did not believe it was her writing. He (the
insolvent) had sworn that he believed it was her writing,
and he still believed it. He would support that evidence.
• When she was asked in Guildhall to write, she refused
to write.
Mr. Cooke said it was not true. Miss Coutts was
ready to write what she was asked, but her counsel, Sir
Frederick Thesiger, refused to allow her.
Mr. Commissioner Law remarked that he had got all
the evidence.
The Insolvent said, let truth go before the public and
he was satisfied.
Mr. Commissioner Law proceeded. There was no
M
one before Lord Denman topertoeveprtheavteititwaes her ha
nd-
one eatrnidal-
writing' and there was no on
was to have come on in February before Lord
which
Campbell.
The Insolvent, interrupting, declared
e. that
T h whath
st
ao
commissioner had stated was a
but
person named Wells to prove:itetsuhe waschrep esautbeodrnined. ter.
Mr. Cooke protested ag
ruptions by the insolvent.

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.—WARWICK, AUG. 3.
THE BARONESS VON BECK CASE.
CONSTANT DERRA DE MORODA V. GEORGE DAWSON, HENRY
WITTON TYNDALL, RICHARD PEYTON, AND ARTHUR
RYLAND.—ACTION FOR FALSE IMPRISONMENT.
(Tried before Mr. Justice Malik and a Special Jury.)
Mr. Sergeant Miller and Mr. Field were counsel for
the plaintiff.
Mr. Macaulay, Q.C., Mr. Mellor, Q.C., and Mr.
Hayes, appeared for the defendants.
The plaintiff is the younger son of a noble Hungarian,
who holds the honorary office of Equerry to the Emperor
of Austria, as King of Hungary. He is a native of
Pesth, and is now about 32 years of age. His education
was at the military college in Vienna, and he afterwards
served in the Austrian army. Quitting the profession
of arms, he travelled through Germany, France, and
Belgium, and ultimately found himself in London, at
the time of the Great Exhibition. It was in the April of
1851 he first became acquainted with the lady calling
herself the Baroness Von Beck. That lady, some short
time before, had published, through Mr. Bentley, a book
entitled "Personal Adventures of a Lady during the
late War of Independence in Hungary." She had writ-
ten it in German, but it was translated into the English
language by a gentleman of high classical acquirements,
Mr. Garvey, student of one of our Inns of Court. The
Baroness had sold the copyright for 401. M. Moroda
had met in France with an Irish lady, who, having read
the book just mentioned, was desirous of possessing an
autograph of the Baroness. The Baroness had figured
in the Hungarian war of independence, siding with her
countrymen against the yoke of Austria. The plaintiff,
at the request of the lady whose acquaintance he had
made on the Continent, promised to procure the auto-
graph, and for this purpose obtained the address of the
Baroness from her publisher. She was residing in
a house in the neighbourhood of Soho-square, was
in great distress at times, and the plaintiff, as a
countryman, advised with and sometimes relieved her
in a pecuniary sense when his own slender finances
would permit. The Baroness was about to publish another
work by subscription, and for the purpose of collecting
subscriptions she proceeded to Birmingham, armed with
letters of introduction to certain influential persons in
that town, given by Mr. Gilpin, the publisher, of
Bishopsgate-street. The Baroness, who was advanced in
life and in very delicate health, owing to an affection of the
heart, was solicitous that M. Morodo should accompany
her, as he spoke French fluently, which she did not. They
went to Birmingham, putting up at the Clarendon
Hotel. Messrs. Sturge and Southall were waited upon,
and a prospectus of the forthcoming book produced, the
terms being to subscribers 11. 45., and to non-subscribers
11. 10s. 6d. The plaintiff and the Baroness were re-
ceived very kindly by the different parties with whom
they came in contact, and among others by the defen-
dants ; and Mrs. Tyndall, the wife of one of them, in-
vited first the Baroness to take up her abode in her
house, and subsequently Morodo also. Up to this time
all bad gone well, but suddenly the defendants became
impressed with a belief that the two were impostors,
and under that impression went behind the backs of the
parties before a magistrate of Birmingham (Mr. James),
since dead, and made the following declaration : --
" Henry Witton Tyndall says :—On Sunday, the 10th
inst., I called at the Clarendon Hotel, Birmingham, to in-
quire after the Baroness Von Beck. I saw a person who
represented himself as her secretary, and on my intimat-
ing my desire to assist the Baroness Von Beck, he
immediately left the room and soon after returned and in-
troduced to me and my wife (who was with me) a woman
as the Baroness Von Beck. I told them we should be
glad to assist them in obtaining subscriptions to the new
work, of which I had seen printed proposals, and had ar-
ranged that my wife should accompany the Baroness the
next day to obtain subscribers. On Monday, the 11th
instant, hearing that she was ill, and that her medical
man stated that the only hope of her recovery was her
immediate removal to fresh air, and perfect quietness,
I immediately made arrangements for her removal to my
house. She came there on Tuesday, the 12th inst., and has
remained there up to this time. She has told me that Kos-
suth was a dear friend of hers. I have repeatedly introduced
her to my friends as the Baroness Von Beck. She cannot
speak much English, but, I believe, understands English
when it is spoken to her. I and my friends in Birming-
ham, upon the faith of her representations, have procured
many subscribers to her new work. I produce the printed
proposals given me by her agent, Constant Derra.
" H. W. TYNDALL.
"Sworn at the borough of Birmingham, the 29th day of
August, 1851, before me, James James, Justice of the
Peace for the said borough."
" George Dawson, of Birmingham, gentleman, says :
Constant Derra was introduced to me on Wednesday, the
6th day of August inst. He represented himself to me as
the friend and agent of the Baroness Von Beck, and in-
formed me that the baroness had published an account
of the late war in Hungary, and was about to publish
another account of her own life, and requested my
assistance in procuring subscriptions, and arranged with
me to introduce the baroness to me the following
Friday at my house. On Friday, the Bth instant, Con-
stant Derra came to my house with a woman, whom
he introduced to me as the Baroness Von Beck. The latter
presented me with printed proposals (which I now produce)
for a new work—the story of her life—and requested my
assistance in obtaining subscribers thereto. She also
stated herself to be a Hungarian, and an intimate friend.
of Kossuth, and that her husband was killed at the barri-
cades of Vienna, in 1848. In consequence of these repre-
sentations I then paid to Constant Derra, in the presence
of the Baroness, 1/. 45., as my own subscription to the
new work. On Saturday, the 23d inst., I paid to Con-
stant Derra, on her behalf, a further sum of 41.165., which
I had procured from other subscribers to the same new
p r oposas
work. Upon conversing with her I found she could not
speak French ; and, as the before -mentioned
stated she had been brought up in the Court of Viennal,
this greatly surprised me. I now believe that she is not
the Baroness Von Beck.
" Sworn, &c. "GEORGE DAWSON."
" Richard Peyton, the younger of Birmingham, che-
mist, says:—On Saturday, the 9th day of August instant,
I was introduced to a person calling herself the 13a.
roness Von Beck, as such Baroness, and to a young man
called Herr Von Derra, as her agent or secretary. I have
since seen and had conversation with them very fre-
quently, almost daily ; and in conversation with the said
persons, the said baroness has represented herself as the
Baroness Von Beck, and as an intimate friend of Kossuth.
in consequence of the which
And the said Herr Von Derra, in the presence of the
said baroness, acted as her agent, and has given to me
copy
;baarnodn'ess, that she was a
printed proposals for the publication of a work, ofe
I
thtehesa9itdh obfooou
e nowue
st sat it
produce
s agreed g rtheaee dto take a copy of the book
sentations
inst., the
the said proposal, and procured the names of sevlofmionyf
friends, and paid to the said Herr Von Dr. for the said
variousl6s for timescopies sinceof
baroness noefsslol.
printed form of receipt which I received frl
om the a
Von Derra. rom the said Herr
"Sworn, &c., RICHARD PEYTON,
" Arthur Ryland, of Birmingham jun."
oath that from inquiries he has made'entleman, maketh
that the person calling herself Baroness Von Beck, and