The Sun.
London, England, 1854-12-28 00:00:00

LAW INTELLIGENCE.—Dec. 27.

COURT OF QUEEN'S BENCH.
HOPE v. A.GUADO.—cani. sox.
The Court met by appointment to proceed with this
part-heard case. Before any evidence was taken,
Mr. Sergeant Wilkins (who, together with the Attor-
ney-General and Mr. Phipson, appeared for the defend-
ant), addressing his lordship, said—ln the absence of my
learned friend, the Attorney-General, who is too ill to
be here, lam instructed to protest most strongly against
these proceedings (meaning the sitting of the Court be-
tween Christmas and Hilary term).
Lord Campbell—l very much regret the absence of
the Attorney-General, who appears to be still indis-
posed-
Mr. Serjeant Wilkins—He is more than indisposed,
my lord. I saw him yesterday. He told me that he
would be here to-day, if possible ; but I should say that
it would be madness in him to make the attempt. And
I am not a great deal better myself.
Lord Campbell—lf you tell me, brother Wilkins, that
the leader of your case is unable to attend, and that you
yourself
t 4
yourself are not in a state of health to enable you to e
your duty (and I need not say that no gentleman at hr.
bar can discharge his duty more efficiently thar_lyou
self), I certainly think that it would be for the due
ad-
ministration
of justice that we should not
Sir F. Thesiger (counsel for the plaintiff) —I am
quite
ious that this case
in your lordship's hands. lam
should be concluded, but I am suarnexthat your lordship
will take care that no injustice should be done to any
of the parties concerned in it.
Lord Campbell—l refused to make a remanet of the
ease on Friday unless with the concurrence of both sides ;
and being told that there were a number of foreign wit-
nesses who had come to give their evidence, it seemed to
me that the due administration of justice required that,
however inconvenient it would be to the bar, to the jure,
and to myself, the case should be proceeded with on Sa-
turday, and that it should be adjourned if not finished on
that day. I can now say that, by the visitation of God,
we cannot satisfactorily proceed, because the Attorney-
General is seriously indisposed, and my brother Wil-
kins, in whose word I place entire confidence, informs
we that his state of health does not enable him to do his
duty satisfactorily. Under these circumstances I have
still power to adjourn the ca.e, and I will again adjourn
it, my only object being that justice may be duly ad-
ministered. I have come here to-day very much to my
own inconvenience, and I will again adjourn the case if
the learned counsel will be good enough. to name a day
on which it should be proceeded with. It seems to me
that if the Bth of January were fixed for its resump-
tion, the Attorney-General would by that day be able
to attend.
Sir F. Thesiger—l think that day would hardly suit
me.
Lord Campbell—Well, name any other day, and I will
attend at any saerifi( e.
Mr. Serjeant Wilkins—Your lordship will understand
the position in which I am placed.
Lord Campbell—l do not call upon you, brother Wil-
kins, to Willie any day, for I well understand your posi•
tion. I know that you have protested against the cause
not having been made a remanet ; but it seems to tne
that there is not the smallest doubt as to the power of
the c eirt t) proceed with the case. I simply wish to
know upon what day it will be convenient for you to at-
tend here again ?
S'r F. Thesiger— There is one circumstance which
ought to be mentioned. Your lordship is aware that
proceedings have been iustituted between the parties in
this case in the Ecclesiastical Court, and as there was an
arrangement made on Saturday last that the trial should
be proceeded with to-day, I trust that we may not be
called upon to counterplead until the result of this trial
is known, and that an understanding to that effect will
be entered into.
Mr, Serjeant Wilkins—l have no more power over
Mrs. Hope than I have over the Queen with respect to
the proceedings in the Ecclesiastical Court.
Sir F. Thesiger—Why, you were willing to take that
course on. Saturday last ?
Mr. Phipson—Oh, no ; I protest against—
Sir F. Tnesiger—Well, you arc all protesting. I can
only state what I was instructed to say.
The Foreman of the Jury—l hope your lordship will
have the kindness to consider the convenience of the
jury. _ _ _

- Lord Campbell —I am most anxious to consult the
convenience of the jury. I shall not appoint any day
without endeavouring to meet their conveniencs.
Sir F. Thesiger—One of our witnesses (.rulie Lowen-
stein) is going to A merica, and I have, therefore, to re-
quest your lordship to direct that she will be examined
before the Master.
Lord Campbell—She must be examined bore now.
Julie Lowenstein, examined by Sir F. Thesig,er—l
was femme de chambre at the Frascati Ho'cl, Havre, in
1850, and remained there till the present year. I had
charge of the corridor into which the rooms Nos. 104
and 106 opened. The Count Agnado was at Frascati's
in 1850, and the Marquis and Marquise Aguado were
with him. The Count occupied No. 104. The mar-
quis bad other apartments, No. 102. I remember
Mrs. Hoye being at the hotel. Mrs. Hope occupiel No.
106, being a sitting-room, a bedroom, and a dining-
room. Two nurses and a man servant, Young,
attended her. Her two boys slept in her bedroom.
The nurses slept in another corridor„ No. 84. I have
seen familiarities between the count and Mrs. Hope. I
have seen them in a passage near My,s. lope's bedroom,
when she put her hands into the armholes et the count's
waistcoat, and they kissed each other. They kissed
each other's mouths. I have constantly seen them
laughing and joking together in Mrs. Hope's apart-
ment. One can pass from No. 104 to 105 without
going into the corridor. There is a sea-bathing esta-
blishment at Havre. There are tents upon the sands,
in which the people undress and dress. The ladies
have long bathing-dresses—the gentlemen have loose
drawers: I remember, on one occasion, Mrs. Hope going
to bathe, and leaving a message for the Count Aguado.
When I SAW the Count Aguado, I was to tell him that
she had gone to the baths, and that he was to follow
her. I did tell him what she had said, and he did follow
her. I could see the bathing-place from the terrace of
the apartments of Mrs. Hope. I saw them together in
the water. Mrs. Hope went to the side appropriated to
the mon, because it is forbidden to the men to go on the
women's side. (Laughter.) They swam together—they
were six or eight minutes in the water together, and
then they returned, he to the men's side, and she to the
women's side.
Sir F. Thesiger—When they got into shallow water—
' Seijeant Wilkins—l have not heard that they got
into shallow water yet.
Sir F. Thesiger—Jut there must have been shallow
water.

Lord Campbell—The water might have got suddenly
deep, and they might have taken " a header" from the
shore. (Laughter.)
Sir F. Thesiger—l do think the shore is ten feet deep
at Havre, my lord. Well, when they ceased swimming,
what did they do
Witness—Before they came out of the water they
shock hands, and then walked to their respective tents
and dressed.
Lord Campbell—l have not got the date of this ; I
have merely 1850.
Sir F. Theeiger—lt was in July, my lord, during Mrs.
Hope's stay at the hotel. Were you going to your
chamber between one and two in the morning
Witness—Yee, sir.
Sir F. Theiiger—Ha,d you a light with you ?
Witness—Yes, sir.
Sir F. Thesiger —Did you see Mrs. Hope at the
ti-me?
Witness—Yes, sir. I saw her come out of the chamber
of the Count, No. 104. I went to the salon of No.
106 to clean it. On some of these occasions the Colin;
came and inquired for Mrs. Hope. I have opened the
door of madame's bedchamber and announced the Count,
and she told me I might finish the salon later.
Sir F. Thesiger—l have omitted this question. When
you saw Mrs. Hope coming out of the Count's chamber
at one or two o'clock in the morning, how was she
tressed ?
Witness—She was in her robe de chambre. In 1852,
the Count Aguado came to Frascati's again, and Mrs.
Hope arrived six or eight days after. The Count
ordered a carriage, and went to fetch her at the railway.
She occupied No. 5 on the ground floor, but she did not
remain there. The Count occupied No. 121, which is
on the second floor, but Madame Hope went up to
109. On this occasion Madame Hope remained a fort-
night, and altogether he remained three weeks.
Cross-examined by Mr. Serjeant Wilkins—Have you
left Frascati's ?
Witness—Yes ; on the 13th of September last. I
have been living since with a friend.
Mr. Serjeant Wilkins—But I must know with whom
and where.
Witness—At Havre, 14, Rue Dauphin, with Madame
Chertnier. She keeps an hotel, and I have been living
there as her friend.
Mr. Serjeant Wilkins—When the Count was at Fras-
cati's, in 1830, was he nob frequently engaged in
daguerreotyping
Witness—Yes, sir.
Mr. Serjeant Wilkins—ln what room was his ma-
chinery set up?
Witness—ln the salon of Madame Hope.
Mr. Serjeant Wilkins—Do yon mean to repeat that
non your oath ?
. Witness—Certainly.
Mr. Serjeant Wilkins--Was it not in 104??
Witness—No ; that was too small.
Mr.
Serjeant Wilkins—ln 1850, when the Count, his
mother, and brother were staying in the house, what
servant had they ?
Witness—His mother had a lady's maid only • his liro-
ther had his valet de ehambre, and so had he.
Mr. Serjeant Wilkins—If I understood you rightly,
you stated that there is a communication between Nos.
104 and 10d without coming into the passage ?
Witness—Yes, sir.
Wilkins—Do
great many persons
e.
Mr. Sedeat.
everylyteiasrallmost always full in sum-
come to Fraseenta's
Witness—Yes, sir.
mer and autumn.
Mr. Serjeant Wilkins— Who occupied No. 100 after
Mrs. Hope left ?
Witness—l can't recollect. I think an American
family. Before Mrs. Hope came it was not occupied.
It was engaged for her.
Mr. Serjeant Wilkins—ls there not a book kept in
the hotel containing a registry of a,ll the persons who
occupy the different apartments
Witness—Yes ; there is a person specially for the pur.
pose, but sometimes the visitors enter their own names.
Mr. Serjeant Wilkins—l want to know the name of
that person.
Witness—Madame Paneon, but she is gone to Cali-
fonds.
Mr. erjeant Wilkins—Are you going to America ?
Witness--Yes.
Mr. Serjeant Wilkins—Who are you going to ,Ari2e.
rim with