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

HOME CIRCUIT.—CROYDON, AUGUST 4.
CIVIL SIDE.
(Before the Chief Baron and a Special Jury.)
THE 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 issues,
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 defendant pleaded " Not Guilty."
Mr. M. Chambers, Q.C., Mr. E. James, Q.C., and
Mr. Bovill, were counsel for theplaintiff ; 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 tee plaintiff, Mr. John Glen-
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
had 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 unknown
in public life ; he was a man of Imrsiderable fortune and
of mature age. He had fOlinerly beeniTnemter 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-
irey, 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 theta ; 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 seduce
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 and his
wife left Dane-court the plaintiff invited Mr. Baldwin
to visit him at Peterborough. Mrs. Atkinson still con-
tinned 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
Mrs Baldwin should occupy a bed-room in the same
house where he and his wife were staying at Ramsgate.
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 grounds 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 defendant he
wrote
to them and expressed a desire to meet them, and
accordingly did go down, and the arrangement was made
for the plaintiff to go to Totnes for the purpose hie
had mentioned. Mr. Baldwin then left, but
would appear that before he did so the plaintiff 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, as had been ar-
ranged ; but before his departure he made an arrange-
ment with one of his clerks that if any letter should come
to Peterborough 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, —I know that what I have
decided upon will annoy you and cause many exclamations
of ' Ah ! 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
5/. 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 at the
station to meet you. There can be no danger, as 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
arroar, 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 me as well
as my family. I call that madness. You see I can reason
as coolly as possible, and yet adore you ; but it is that
adoration that makes me. Good bye. God bless and pre-
serve you, with millions of kisses.
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 adop.tid .e.d.noltt
obtain
appear that, although Met 4-tokminssoomn d
some cause or other,
possession of this letter, y, from
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 did not return until the
following day. Further inquiries were then made by
the plaintiff, the result of which left no doubt whatever
that during the whole of the period his wife and the
Ramsgate an adulterous inter-
defendant were staying 4
course was carried on ffetween them. These Were the
facts he should have to lay before them, and he appre.