The Sun.
London, England, 1853-08-06 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.-CROYDON, AUGUST 5.

ATKINSON V. BALDWIN.
The above cause was resumed this morning at nine
o'clock, before the Lord Chief Baron and a special jury.
Mr. M. Chambers, Q.C., Mr. E. James, Q.C., and
Mr. Bovill were again present on behalf of the plaintiff ;
and Mr. Seijeant Shee, Mr. Ballantine, and Mr. KnaPP
for the defendant.

Evidence was now adduced for the defendant.
Mr. R. S. Tomlin said—l reside at Peterborough,
and am the father of the.plaintiff's wife. She is now
31 or 32 years of age. Mrs. Atkinson was married in
1840, and she is new visiting a branch of my family. I
of approve of her marrying the plaintiff.in the first
I used to see them frequently after that
event, and at a certain period I was not satisfied with
the conduct of the plaintiff towards his wife. Six
months after the marriage I first noticed this. He was
generally agreeable to the other members of the family
in their presence, but he spoke disrespectfully of me,
and of her other relations, to my daughter, and behaved
very rep ulsively to her when they were alone. My
daughter very frequently made complaints to me of his
conduct. In consequence of those complaints I had
communications with the plaintiff, and I made him pre-
a view to induce him to behave more cour-

insta,nc©,

sents,

teously towards my daughter. These complaints were
made periodically, sometimes of three months, and some-
times of six months' interval. My daughter was kept
without money, and she frequently applied to me for
some. I have seen gentlemen at the plaintiffs house,
andl_wrote to tuns Rtatiagaglatiae ;vas acting contrary
to the usages of society, and if he continued to do so
could not receive him at my house. His conduct was
not to my liking. He used to speak to young ladies in
the churchyard and at his own dinner-table, and I have
heard him speak disgustingly upon the subject of women
in his wife's presence, and have heard him say that
married women in London were worse than single
ones. His language at times was so unpleasant to me,
with reference to women, that I have frequently left
the room. I remember the family being at Ramsgate in
1852, and as the plaintiff said he could not afford to pay
the expense I provided him with money for this purpose.
He repeatedly applied to me for large sums of money,
but I was cautious, and only provided him with small
amounts. I remember Mr. Baldwin being introduced
to the plaintiff, and I used to call at their lodging with
my carriage. Upon one occasion I heard the plaintiff
say to his wife, " Get out of the way, Poll; here come
the old folks ;be off with old Baldwin. I spoke to the
plaintiff respecting Mr. Baldwin in February or March,
1852. He was ill at the Vineyard at that time. The
plaintiff insisted upon his wife taking some gruel and
some pills into his bed-room. I asked him if he knew
what he was doing ? I afterwards'again objected to his
allowing Mr. Baldwin to be so much with his wife, and
he said was a squeamish old fellow, and he should have
Mr. Baldwin to live with Oem altogether if he pleased.
Upon another occasion I again referred to the subject of
the attentions of Mr. Baldwin to his wife, and he said
again that I was squeamish, and that my squeamish-
ness would prevent Mr. Baldwin from getting him a
situation. He likewise made some disgusting observa-
tions about his wife's health, and he did not care about
Baldwin or twenty other men being with her. I again
mentioned the subject to him, and he said he would not
lose the friendship of Mr. Baldwin, for he had more in-
fluence than I or twenty people in the county possessed.
The plaintiff showed me a placard, which he said he had
shown to some one, and they had had a good laugh over
it. The placard was put in and read ; it was as
follows :
" To be seen in the Minster precincts a large monkey ;
it appears much dejected from the loss of its mate, which
has been taken away last week by an old M.P. who has
been lurking about the locality for some months; some
wag has made the monkey look very ludicrous, by placing
on its head a brown wig and a pair of spectacles. We hope
the authorities in the Precincts will have this animal taken
care of, fearing, in a moment of despair, it might attack
end alarm some of the pretty nurse maids who occasionally
walk in the vicinity."
Examination continued—l understood the placard re-
ferred to the plaintiff and to Mr. Baldwin. The plain-
tiff used to wear a brown wig and spectacles.
Cross-examined -- Mr. Baldwin never dined at my
house at Dane-court. I would not invite him there. I
did invite him to my house at Peterborough. It was at
Mr. Atkinson's request, as he said that Mr. Baldwin
was a great gun. I was so disgusted at last with the
conduct of Mr. Atkinson that 1 would not permit him
to come to my house. My daughter was sometimes
called Poll by the members of her family. I was of
course aware of the nature of the evidence that I was to '
give here to-day. I don't think I have dined more than
twice at the-plaintiff'stlMlT during, th 4 last five or coven
years. Upon one occasion the disgusting language I
have referred to was made use of in the presence of Mr.
Baldwin. Gentlemen only were preset, except on one
occasion when the ladies were also there. I cannot say
positively that the ladies were there.. Some years ago
I have met ladies of the first distinction at my son-in-
law's table. I was averse to the marriage, but my
daughter was continually pressing me to consent to it,
and lat length did so. She never told me that she was
very much attached to Mr. Atkinson, but I don't re-
member her saying that she would not have any other
man. My daughter was fond of society, and shortly
after the marriage she went out a good deal. I gave
the plaintiff a carriage for their journey to Wales. At
one time they kept other carriages, a footman, coach-
man, and page, and I considered they were living beyond
their means. lam not aware that this was the cause of
his subsequent embarrassments. Since the plaintiff has
brought the present action against Mr. Baldwin I have
sued him for the sum of 501., and he has paid the money.
I could never get either interest or principal from him,
and I consequently instructed my attorney to sue him.
At one time he owed me 1,2001. but he paid the amount.
On another occasion he repaid me 2001. I had lent to
him, and when he repaid me I returned him 1001. At
the time he separated from his wife all he owed me was
501., and that amount he has paid me. I never threat-
ened him with an action of ejectment to recover posses-
sion of the Vineyard estate. He was himself desirous
to leave it, and I told him I should make it a matter of
business, and I should let it, and hand him over the
rent. I don't remember whether my wife accompanied
me to Mr. Atkinson's house at the time Mr. Baldwin
was there the last time. I don't remember whether Mr.
Baldwin escorted my wife into the town for the purpose
of shopping at this time. I knew that my daughter had
a bill of 801. or 1001. with a milliner in London, and I
paid it for her. Atkinson afterwards gave me a note of
hand for 521.—a part of the bill—and I gave him the
remainder. This was the 501, that I have claimed of the
plaintiff since this action has been brought. I knew no-
thing of Mr. Baldwin until he was introduced to me by
Atkinson as his " great gun."
Re-examined—A settlement was proposed, but it was
never executed, because the plaintiff did not come for-
ward with a sum of 5,0001., which he undertook to pro-
vide. I then consented to give my daughter the Vine-
yard estate, which comprised the house he lived in, and
a rental of about 3001. besides.
Mrs. Tomlin said—l am the wife of the last witness.
At the time the marriage of my daughter with the plain-
tiff was proposed, I very much objected to it. After the
birth of the second child, which took place two years
after the marriage, the plaintiff treated my daughter very
unkindly. He was always repulsive, and never treated
her kindly or affectionately. He kept her short of money,
but kept hunters for his own amusement, and did not
appear to begrudge himself anything he required. 'His
conduct towards her was such as to render her very un-
happy. She did not make complaints, but I was very
observant of what was going on between them.
Cross-examined—l did not like Mr. Atkinson before
the marriage. His manners satisfied me that he would
not make my daughter a kind, husband. He met my
daughter the first time at a country ball at Stamford, and
he afterwards requested permission to pay his addresses
to her. I visited the plaintiff's father, but it was against
my wish. I disliked the family altogether. I don't know
whether my daughter entertained any particular affection
for Mr. Atkinson. The courtship went on fromarriem Noved
in
m-
ber to August, 1840, and
when they were
that month they went to Scotland. After their return
it was of course natural that I should go to visit my
child. The visits were always unplferanntlat.onaen.t (A.
laugh.) I did not like the conduct of
my
One carriage was kept for the use on
du dpaugihter The
yring his co.urtshi
conduct of the plaintiff to me evbe
was unkind, and my daughter o serve.d. it, and cried ipn
consequence. When I paid the last visit to Mr. Atkin-
son at Peterborough, Mr. Baldwin w_ as there, and he
P
accompanied me to a shop, !here I made some pur-
chases. I have not seen him since my daughter left the
Vineyard.
place there
Mr. Percival—l am a
borough. I remember the election solicitor practising at Peter-
borough.
. prod taking
in 1852. The placard that has e was
generally posted over the town. , an it was very well
understood to refer to Mr. Atkinson. I called Mr. At-
kinson's attention to it, and told him that he ought to
take some steps respecting it.
By Mr. James—lt was not a Virhall
boeyiteth b placard. (A
laugh.) It was disowned, howev.e y
theit I showed
r, the Fitz-
william and the Whalleyite party, cy.
the plaintiff the placard, and obtained one on purpose.
Mr. James —That was kind: (A laugh-)
Witness—l said to Mr. Atkinson tha. tif he
.showed
Mr. Tomlin the paper, and the insult it contained to
his wife, he would probably vote
thefor placard was to
Mr. Atkinson's
candidate. My object in showing
get a vote. The author of the
placard was not known.
It was disowned by every one.
Mr Banks Tomlin said—l a,
m abratheirn ofth
ethleetpplarian:
i
tiffs wife, and I was forme
goon Guards. I saw the plear a captaintlreapnedateldleynantsitdheer com-
mencement of their married.
unkind and ungentle-
Atkinson treated his wife i.nda.n
While Mrs. Atkinson
manly manner at that
was at Ramsgate, I frenP;nttelny. sawm Mr.
eArtkwinalksninng
Mr. Baldwin and the lild rarely with
accompanied them.
2Upodnheonreepoliceeda,siounl Idaraeskseadyhyiomu
where my sister was . an
ld .
will find her with Mr. Ba and the children on the
6ando," Upon one occasion, when the plaintiff was at