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

lay before them they would return a verdict which would
have such a result, and he would at once say that, ac-
cording to his instructions, the only object the plaintiff
had in view was to obtain money from the defendant
on any terms, and that to carry out that object he
had not scrupled to expose to temptation her whom he
had sworn to cherish and to protect. The unfortu-
nate lady herself could not be called to speak to the
treatment and conduct she had experienced at the hands
of her husband, but he should be in a position, by other
testimony, to prove to the satisfaction of the jury what,
the nature of that conduct had been ; and if they should
think that guilt had been proved, he was sure they
would at the same time be satisfied that the plaintiff
himself had been the sole cause of that guilt, and that
he was not entitled to the slightest consideration at their
hands. He would state to them what were the actual
circumstances under which the plaintiff and his wife be-
came conpected. Miss Tomlin was, as he was in-
structed, a beautiful young woman, the daughter of a
man of fortune, brought up in the enjoyment of every
luxury and comfort, and who, undoubtedly, from her
position, was entitled to entertain the most brilliant ex-
pectations. She met the plaintiff at a public ball, and
at their second Ineetinn- he proposed marriage. Her
lather, her brothers, and every member of her family
were averse to it —they offered the most strenuous oppo•
sition to it ; but at last, y;eiding to the impression that the
affections of the young iady xere fixed upon the plaintiff,
and out of regard to her feelings, her father reluctantly
consented to the marriage. The plaintiff had made some
proposals with regard to a settlement upon his wife, but
he could not carry them out, and the consequence
was that Miss Toinlin's father declined to be a party to
any settlement, and none was consequently inade.
Tomlin, however, from his circumstances, was enabled
to give them material assistance, and, upon the marriage
taking place, he permitted the plaintiff and his wife to
have possession of a handsome residence and grounds
called the Vineyard, at Peterborough, which had been
let for 3501. a-year, but which lie permitted the plaintiff
to enjoy the use of for the nominal sum of ss. a-year.
He should show them that very shortly after the mar-
riage, notwithstanding the evidence they had heard to
the contrary, the plaintiff had treated his wife in the
most cruel and unmanly manner. He left her for long
periods, he never hardly was seen out with her, and he
should show that, in consequence of a malady which
followed the birth of the second child, the unhappy lady
was no longer an object to gratify his passion, and that
he resorted to every meana to get rid of her. The learned
serjeaallienreferred to the introchiction to the defend-
ant, and said he should show that the plaintiff had en-
deavoured to obtain money from him, and that there
was no doubt that he had deliberately permitted his wife
to be with the defendant under the circumstances that
had appeared in evidence, for weeks and months to-
gether, in the hope that she would be tempted aid that
she would fall, and that through her ruin he might ob-
tain money from the defendant. Did the jury ever hear
of any husband who had the slightest regard for his own
honour or that of his wife permitting a person who was
almost a stranger to have entirely unrestricted intercourse
with her at an idle watering place ? Would any man
who entertained the slightest feeling of honour permit
such a proceeding ? He should show them that the
father of the young lady remonstrated with the plaintiff
in indignant terms upon his conduct in permitting a
stranger to be dangling after his wife, and stated what
the opinion of the world was likely to be respecting it,
and he should prove the offensive, disgusting, and un-
manly replies that the plaintiff made to him when he did
so. He should likewise show by the plaintiff's own
letters that at the time when he was represented to be
in good circumstances, he was in an almost hopeless state
of embarrassment and difficulty, and that he was earnestly
supplicating Mr. Baldwin to procure him some appoint-
ment. The learned sergeant then read several let-
ters which he said he should put in evidence, and was
about to read some written by the wife of the plaintiff to
her mother.

Mr. Chambers, however, objected to any letters writ-
ten by the plaintiff's wife being put in as evidence, and
he contended that such letters were inadmissable.

The Chief Baron said, that if the objection was pressed
he must decide that the letters were not legal evidence.
Serjeant Shee said, he regretted he was not allowed
by the rules of evidence to let the unhappy lady, by her
letters, tell her own tale of the treatment she had ex-
perienced at the hands of her husband. He wished the
jury to know the whole truth, but he had no doubt that
the other evidence he should lay before the jury would
amply show what had been the nature of the conduct and
the proceedings of the plaintiff. He then proceeded to
argue that the evidence that had been adduced was totally
insufficient to make out a case of guilt; and in commenting
upon the testimony that had been given he said that not
one of the witnesses appeared to have said a word with re-
gard to the circumstances which they represented they
had seen until long afterwards; and he said that a
man who was capable of acting as the plaintiff was
proved to have done in this transaction might be well
supposed not to be over scrupulous in gettinc, up a
ease likely to further his own views and what he con-
sidered to be his interest. The learned serjeant then
referred to the letter of the defendant of the 24th of
April, and said it had been truly observed by a late
learned judge that "an old fool was the worst of fools ;"
and he said that the probability was that the defendant,
by being forced into the society of a beautiful young-
woman for so long a time, might have been •' warmed
up" to entertain a sort of affection for her, which in-
duced hint to write such a letter as this ; but he sub-
mitted that it was by no means a positive proof of guilt,
and that, taking into consideration that a conclusion
ad er:.,o to the defendant would involve the unhappy
wife of the plaintiff in the same ruin, they ought to pause
before they came to a decision which would have that
eject, and they ought not so to decide but upon OR
most positive and conclusive testimony.
At 7 o'clock the further proceedings in the case were
postponed.

EA VAI3 INTELLTGEAVE.

PORTSMOUTH, AUGUST 4.

Vice-Admiral Sir Thomas Cochrane, K.C.13., Com-
mander-in-Chief at this port, returned from his tour of
the Channel Islands this morning, and rehoisted his flag
on board the Victory.
The Alban steam-vessel, in charge of Lieutenant Mey-
ne'l, arrived at Spithead this morning, from the West
India station. Having left on the sth of June, of course
her dates have been anticipated. The Imaum and Ber•
muda were at Port Royal when she sailed ; she arrived
at Havannah on the 11th of June, and sailed on the
20th ; the Buzzard and the Spanish squadron were there
at that time ; she arrived at Bermuda on the Ist., and
sailed on the 4th ult. The Rev. Francis Hannan, chap-
lain of the Imaum ; Mr. John White, gunner, and su-
pernumerary seamen from the West India squadron,
have been brought home in the Alban, which is ordered
to coal and be paid off at Woolwich, taking 30 supernu-
meraries to the eastward. She had a dozen cases of yel-
low fever coming home, but only two of them mani-
fested any symptoms of virulence, and all got convales-
cent on the passage.

The Magicienne, 16, paddle-frigate, Captain Fisher ;
the Valorous, 16, paddle-frigate, Captain Buckle ; and
the Vulture, 6, paddle-frigate, Captain Glasse, arrived
this morning from Plymouth, and joined the fleet.
The Tribune, 30, screw-frigate, Captain the Hon. S.
T. Carnegie, arrived at Spithead this afternoon from
Sheerness, and also joined the fleet.
The Avon steam-tender, Master-Commander Veitch,
arrived this morning from Devonport, with supernume-
raries for this port, and left on her return, after dis-
charging them
The Blenheim. 60, screw-ship, Captain Henderson
C. 8., which left Kingstown for Spithead on Thursday
last, the 28th ult., has put in at Pembroke, to see if she
can render any assistance to the unfortunate Caesar.

PLYMOUTH, AUGUST 4.
Her Majesty's steam-frigates Vulture, Captain Glasse ;
Valorous, Captain Buckle ; and Magicienne, Captain
Fisher, left the Sound at 4.30 p.m. yesterday to join
the fleet at Spithead.
The Terrible steam-frigate, Captain M'Cleverty,
sailed
yesterday morning for Fahnouth to procure seamen.
The St. jean d'Acre screw steam-ship, 101, Captain
the Hon. Henry Reppel, and the Sybille frigate, 40,
Captain the Hon. C. G. Elliot, will this day be placed
alongside their hulks in Hamoaze to receive their re-
spective crews, with their stores and mess utensils.
The Madagascar frigate has been fitted as a store
depot, and will be masted to-day. She is intended for
service ou the South American station.

SHERNESS, AUG. 3.
The Cyclops, 6, paddle-wheel steam-sloop, arrived
here yesterday from Woolwich and Messrs. Penn's fac-
tory, having on board boilers, &c., for the Royal George,
120, screw steam-ship. The Cyclops will be taken into
the basin to-morrow for the purpose of using the mast•
ing sheers to tranship the boilers to the Royal George.
The Tribune, 30, screw steam-frigate, Captain the
Hon. S. T. Carnegie, was inspected yesterday by the
port officers, and also by the professional officers of the
yard ; the crew were paid their advance, and at 11 30
a.m.lthis day, she left Black Stakes, under steam power,
for Spithead. On passing the flag-ship she saluted the
flag, which was immediately returned. Mr. Dinnon,
inspector of steam machinery afloat, Mr. Sherriff and
Mr. Kittoe, from the factory of Messrs. Maudslay and
Field, have proceeded in her for the purpose of ascer-
taining her actual rate of speed under steam power..
tphpeosbimlte ding
of Aactsiavieloperes preparations are aareproein
close to the new pier in this town. It has been most
goofnghroerenndforo
cheerfully and warmly advocated by the port and civil
officers in these departments, and there is not the least
doubt of its being immediately carried out.

WOOLWICH, AUG. 4.
APPOINTMENTS.

Rear-Admiral David Price, to be Commander-in.
Chief on the Pacific station, in the room of Rear-Admi.
ra
1 Fairfax Moresby, C. 8., in the command at that
station since August 21, 1850.
Lieutenants—Henry B. Woollcombe (1853), recently
promoted from mate of the Retribution steam-frigate, to
the Arrogant, 47, screw steam.frigate, at Portsmouth ;
Charles J. Didham (1846), from the Arrogant screw
steam-frigate, to the Plumper screw steamsloop, at
Portsmouth •, James S. Twysden (1853), to the Plumper,
Francis S. Dalison (1853), recently promoted from mate
of the Britannia, 120, at Besika Bay, to the Philomel,
8, sloop, at Devonport.
Paymaster Thomas Taylor Wise (1851), to the
Plumper, 9, screw steam-sloop, at Portsmouth.
Mates—Marcus P. Costello (1852), to the Plumper ;
Edward T. Nott (1851), recently serving in the Hastings,
1
72, to the Queen, 116, at Devonport.
MidEihipman Charles Hastie, to the Tribune, 30, screw.
• steam frigate, at Portsmouth.