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

RAILWAY INTELLIGENCE,

company. • •
Cross-examined.—. She was in her father's house at
Dane-court at this time.
A number of letters were then put in written by the
plaintiff. They extended to considerable length, but as
a great part of their contents merely related to indiffer-
ent matters, we shall only give those portions that were
relied upon as being material for the case of the de-
fendant.
In the first, which was dated July 31, 1851, and ad-
dressed to Mr. Tomlin, the plaintiff said—
" I have your cheque for 91., which lam much obliged
for ; it leaves a trifle in your favour. You are so quick
and prompt in your actions that really it's quite alarming,
and sets us all an example that its quite fruitless even at-
tempting to imitate. lam glad to hear you contemplate
getting out of Old Man Hall with such flying colours ; for
my part I shall be sorry not to see Old Man Hall again ;
it's a sweet place, although I dare say not a very paying
one ; but as to this vagabond of a place (the Vineyard
where he was then residing), I should rejoice never more
to see it, and depend on it could I get away entirely it
must be some urgent matter indeed to induce me to put a
step into it again, unless it were to shake the dust from my
feet, as St. John, .or St. Luke, or Shakspeare, or some other
swell' says somewhere."
The next letter was dated February 16, 1853, and ad-
dressed to the defendant. It commenced—
"My dear Friend,—l have your letter and enclosures.
Many thanks for the cheque, which will be of much ser-
vice for the moment. As you say, wh at xnem. shall I give
you for the 1001.? * * *I am much obliged,
not only for the assistance thus far, but for the earnest it
affords me of your kindness and friendship for me."
In another letter addressed to the defendant, dated
February 23, 1853, the plaintiff said--
"My dear Baldwin, —I am glad you are at Ramsgate,
for I believe the placb does you good ; and, more than that,
you and Mary do each other good, you by cheering her
with grue.atlqndness,,,and she
I need say no more about the cheque ; you know my senti-
ments as well as if I expressed them a score of
times. Many
bytaki yourng care
nd n companionship
amnpdanniurson ili and
ou,
thanks also for your friendly and generous proffer off l-
lowing- up this kindness. I hope you will be at Ramsgate
nursing you,
when I come on Saturday, if my face will let me, for it
will be about the last time, so I shall bring Mary away
with me ere long • and we must now fix on something de-
finite and final, for at Lady-day the Vineyard will be in
other hands, and I must have a sale in the course of a
month or so, and then I shall want a place to put the fur-
niture that is not disposed of into, as well as a roof of some
sort to cover our heads. It will have to be a wonderful
little one, as the girl said when she accidentally pupped, if
I do not get something to help me out of my trouble. Love
to Poll. God bless you my friend."
The next letter was addressed to the defendant, and
dated April 5, 1853 :
" My dear Baldwin, —Here is a glorious change of wea-
ther for you who are suffering from asthma ! I suppose
you are once again high busy about your petition. When
will it, or is it likely to come on ? Let me know as soon as
you can, for I have made use of the 1001. you kindly put
into my hands for this place ; next to my brewery having to
be settled for to-morrow, I am hard driven, and although I
shall not be able of myself to help myself(as the parsons
say), I was obliged to pay the deposit on the purchase.
Hence my application of the order for 1001., which other-
wise I did not intend to have made use of. am preparing
for this sale of ours. How it will turn out, or whether
this step will be to my ultimate advantage, of course I
cannot tell. At all events, it is necessary to make the
trial. The place hardly looks like itself, denuded as it
were of all its comforts, horses, dogs, servants, all gone ;
and it breathes an air of melancholy over us all, like
the deserted halls of our fathers. * * You
must come down and see the old place before. we leave it,
if you can put up with the muddling way in which we live
—indeed I need hardly name it, for ever since you and we
have been acquainted we have been obliged to draw it very
mild."
The next letter was dated the 13th of April, 1853,
which, it appeared, led to the defendant going to Peter-
bourough and the subsequent interception of his letter
to the plaintiff's wife. It was as follows :
"My dear Baldwin,—We shall be happy to see you here
as you propose on Saturday. Let us know the train you
come by. You'll have to put up with very indifferent fare
and attendance indeed ; for with no cook and no servants,
and all in a. muddle, it's a shocking coming down in the
world, but I much fear me it's not the lowest depth I have
arrived at yet—rum/2e verrons : but I am tolerably careless
now and almost desperate. We'll talk about your Totnes
business, and shall be happy to render you what assistance
I can ; and shall be glad if Mille be unseated, though I
hope he'll come to terms, by paying your expenses, &c. I
am afraid, with you, that the secretaryship would not suit
me. I could not give up my matters here for the sake of
2001. a year, which of course I must do to be always at my
post in town. As to the sort of people I should come in
contact with, I'd swallow that, for when occasion requires
I can suit myself to most companies—high or low, igno-
rant or informed, good or bad."
This closed the case for the defendant.
Mr. Chambers then proceeded to reply upon the evi-
dence that had been adduced, and in the course of a
very able speech he contended that his learned friend
had certainly failed in making out the case he had
opened, and that not a single tittle of evidence
had been adduced to support the allegations he
had made against the plaintiff. It was perfectly
clear that the family of the Tomlins entertained
most adverse feelings towards Mr. Atkinson, and
he said that it was a most unnatural exhibition for
a father and a mother to come forward, as Mr. and
Mrs. Tomlins had on the present occasion, to assist, and
endeavour to save the pocket of the man who had un-
doubtedly destroyed the honour and the reputation of
their child. With regard to the fact of adultery having
been committed, he said that if any doubt could by pos-
sibility exist upon that subject, after reading the letter
of the defendant to this unhappy lady, the other testi-
mony he bad laid before the jury established it in the
most positive manner ; and it appeared to him that the
only question the jury had to decide was the amount of
damages that ought to be awarded to the plaintiff for
the injury that had been inflicted upon him by a man
whose age and position in society were grievous aggra-
vations of his crime.
The Chief Baron, in summing up, said he did not be-
lieve the jury could entertain any reasonable doubt that
the defendant had in reality committed the offence im-
puted to him ; and the only remaining question for
them to decide was the amount of damages the pliintiff
was entitled to receive for the injury he had sustained ;
and in estimating those damages they must take into
consideration all the circumstances of the case. He felt
himself called upon to remark, however, that he had
never heard of a charge of this description being brought
forward, in which not a single female witness, either
lady, servant, acquaintance, or of any other descrip-
tion, was not called to tell the jury under what circum-
stances and upon what terms the husband and the
wife lived. It was very important for the jury that they
should be informed upon this subject ; but in the pre-
sent case no such evidence was laid before them, and
from the period of the birth of the second child down
to the year 1849, when the defendant appeared to
have been first introduced into the plaintiff's family,
there was an entire blank, and to a certain ex-
tent the jury were utterly in ignorance of the terms
upon which the plaintiff and his wife lived. The
learned serjeant in his eloquent speech for the defendant
had certainly made out a very strong case against the
plaintiff ; but he was bound to express his opinion that
the evidence he had brought forward had failed to sup-
port his statement, and that it by no means made out
that the plaintiff had intentionally forced his wife into
the society of the defendant in the expectation that she
would yield to the temptation he had prepared for her.
Although, however, the evidence had failed in this re-
spect, yet undoubtedly there were many circumstances
proved on the part of the defendant, which the jury
might very fairly take into their consideration when they
came to estimate the damage which they considered the
plaintiff had sustained, and to those circumstances he
would shortly direct their attention. The learned judge
then referred to a most disgusting expression spoken to
by Mr. Tomlin, as having been made use of by the
plaintiff, in reference to his wife—to the circumstance
of the placard, and some such matters narrated in the
evidence for the defendant ; and he said the jury would
consider whether a man who could make use of such an
expression in reference to his wife, and who had acted
in the other matters in the manner deposed to by the
witnesses, was likely to treat his wife with proper con-
sideration and kindness ; and whether the intimacy be-
tween them was likely to be of a kind or affectionate
character. These were circumstances to be considered
as relating to the question of damages, and he said the
jury would no doubt give them their due weight, and
return a verdict in accordance with the facts before
them.
The Jury retired, and after being in deliberation about
twenty minutes, they returned into court with a verdict
for the plaintiff.—Damages 40s.

TIM JULY FAIRS IN WALES.—The fairs held last
month throughout the Principality have been extremely
good and well attended. The supply of cattle has, in
most instances, been limited, especially of store cattle
and, with a fair attendance of purchasers, the amount
of business transacted has been such that little, if any,
has been left unsold at the close of the day's proceed-
ings. In most places the demand has been far beyond
the supply, while, on the other hand, at several fairs,
though the exhibition of fat cattle was limited, yet it ,
was quite equal to the demand, the price of beef being
so high that but few cattle were killed. All other de-
scriptions of stock have been eagerly bought up, in
order to fill the shambles of the butchers. Milch cows
have realised high rates. Stores have been in great
request. Good horses have been bought up at most
remunerating prices. The rates for vegetables have also
been very high. The various wool fairs have been well
attended, and the present high prices have been kept up.
ik
IR . _

LONDON AND NORTH-WESTERN.
The directors of this company have just issued their
statement of accounts for the half-year ending 30th of
June last. It is as usual elaborate and clear, and con-
tains far more information with regard to the affairs of
the company than that issued by the directors of any
other railway company. The statement of the joint
stock capital shows that it now amounts to 25,521,8811.
including the 3,054,600/. recently created. The total
amount received is 21,270,8921., including 507,2841. re-
ceived on the new 121. 10s. shares recently issued. The
calls in course of payment amount to 193,9751., and the
calls which may be made to 3,584,724/. The general
statement of the capital amount shows that 29,846,1611.
had been expended to the 30th of June last, of which
22,767,801/. was expended on the main lines and works,
2,105,3211. on carrying stock; and 256,881/. on lands
andbuildingsyiehling rent, making, together 25,130,004/.
In addition to this sum 4,719,157/, has been expended
on 13 railways in which the company have an interest—
he
Bwtv
Staffordshire,re. ,kktsi
London,nh
Caledonian,
geo hfC6aosmt
Stour
nt
Buckinghamshire,
yl,;. Nuneaton,al9t4a4hn6Bll3sed:el7:7B,2t4Bhl4l.e7Lancaster.;
th ae n2d9s9c,o4t7tBi 18 h.
Carlisle,
3tm
Midland,
(107.
0a
one
Ist
d.
95,772/. ; the Shropshire Union, 165,384/. • the Man-
-1
chester and South Junction, 357,6711. :the South
4;
:3Manchestert6hseTißirmingham,
hm e
na'grn.hed: Buxton,receipts
t. o
n
a 5,705/. ; the Chester and Holyhead, 1,453,4451., and
1.
16,001)/. on security ; the North L0nd0n,405,720/ ; the
Wol-
verhampton, and Stour Valley, 197,348/ • and on
capital account amount to 31,156,1931., includingp
21,270,892/. received on stock and shares, 54,0071.
on calls paid in advance. 9,511,9631. loans on
debentures, and 319,5,30/. on debenture stock at 34
per cent. The interest and dividend upon the whole
of the 31,156,1931., is charged to revenue, the total
expenditure being 29,849,1611. there remains a balance
to the credit of the company of 1,307,032/. The deben-
ture statement shows that 1,527,612/. was borrowed at
5 per cent., 148,2001. at 44 per cent., 3,141,050/. at 4
per cent., 1,705,710/. at 3i per cent., 2,020,630/. at 34
per cent., 597,450/. at 34 per cent., and 371,300/. at
3 per cent,
The amount charged to capital for working stock is
2,105,321/. ; the total mileage worked by it, 903/ miles
of railway ; and the average cost of working stock per
mile is 2,330/. The return of working stock shows that
there are 642 locomotive engines, 636 tenders, 1 State
carriage, 579 first class, mails, and composite carriages ;
570 second class, and 374 third class carriages ; 26 tra-
velling post-offices and tenders, 280 horse boxes, 243
carriage trucks, 226 guards, parcel, and break vans, 29
parcel carts, 8,838 waggons, 232 sheep vans, 20 trolleys,
1,155 crib rails, 5,150 sheets, and 162 horses.
The revenue account for the half-year ending the 30th
of June last, shows that 1,298,854/. had been received,
including 689,746/, from passengers, &c., 458,5091.
merchandise, 59,883/. for coal, and 23,9991. for live
stock, 10,793/. interest on cash balances, 13,9211. rents
of lands and buildings, 511/. transfer fees, 1,846/. net
amount of Huddersfield canal traffic, and 39,6421. esti-
mated dividends from investments in various railways.
The expenditure for working charges amounted to
490,7361. ; for rates and taxes to 27,720/. ; passenger
duty 24,372/. ; together, 542,829/., leaving 756,025/.
Out of this sum is deducted 194,398/. interest on loans
and debenture stock, 4,456/. chief rents, 2,000/. Peter-
borough joint station, 10,000/. Parliamentary expenses,
5,000/. Preston and Wyre deficiency ; 19,1251. Buck-
Nn
d eofirctihe nUcyni;o 111
.Iccnh6ag,enh7s
Canal
lemo r s: htai
hr,ne:
dsde s 1 deficiencyshire
Stourrlul,
Valley deficiency ;
n37i9905/. Leeds and Liverpool
,D29esfilciency .
man.;
leaving
490,990/. From this is deducted 21,318/. for re-
newal of rails, leaving 469,672/. To this sum is
added 92,786/., the balance from the last account,
making a disposable sum of 562,4581. The pro-
posed
dividend will amount to 533,156/., and leave a
balance to be carried forward of 29,302/. The dividend
on the consolidated stock, at the rate of 5 per cent. per
annum, for the half-year will amount to 476,518/. ;on
the London and Birmingham 20/. shares, at 6s. per share,
19,430/.; on the Manchester and Birmingham 101. shares,
at 6s. each, 1,730/.; on the Huddersfield and Manchester
and Leeds and Dewsbury capital, 28,727/. ; and on the
Coventry and Nuneaton stock, 6,750/.
The renewal of rail account shows that 182,887/. had
been set aside out of revenue, including interest, for this
purpose, and that 267,818/. had been expended, leaving
a balance against the account of 84,930/. The sum set
aside for this fund during the past half-year amounted
21,318/.; and the amount expended was 38,7541.

LONDON AND SOUTH-WESTERN.
The report of the directors to be submitted to the
shareholders on Weduesday,next states, that the net re-
venue for the half-year ending 30th June last, amounts,
after deducting interest on loans and other preferential
charges, to 119,1177. The surplus from 31st December,
1852, amounted to 7317., making the balance applicable
to dividend 119,8481., from which the directors recoin-
mend that a dividend for the half-year, at the rate of 31
per cent. per annum, be declared, amounting, on
(3,754,3571., to 118,2011., and leaving, 1,647/. to be car-
ried to the next account. The total receipts on the 251
miles of railway for the half-year ending 30th June last
amounted to 313,5911., the working expenses t 0119,746/.,
the taxation to 18,7431., and the net revenue t 0175,101/.;
while the total receipts for the corresponding period of
1852 amounted to 285,6271., the working expenses to
113,7697., the taxation to 17,5681., and the net revenue
to 154,290/. The increase in the miles open was 9 miles;
in the miles run, 38,295 miles ; in the receipts for pas-
sengers conveyed 18,5687.; in goods, 8,764/. ; sundries,
6327. ; total, 27,9647. At the same time the working
expenses had increased 5,977/. Since December last
4,8231. had been received from the sale of surplus
land. The rents of surplus property amounted to
3,2837. for the half-year as against 3,1357. for the corre-
sponding period of last year. The new booking offices
and extension of roof at the Waterloo station are nearly
completed. The company have commenced the system
of collection and delivery of goods on their own account.
During the last half-year, in accordance with the former
practice, 5,0007. had been charged against revenue on
account of the augmentation of the rolling stock, 6807.
for stations. Sze., and 3,3511. on account of former bad
debts and allowance to carriers. The amount of 1,8941.
charged for law expenses against revenue includes 4601.
paid to the Brighton and South Coast Railway Com-
pany, for this company's proportion of law expenses con-
nected with the joint line, and 1,0007. paid to the solicitors
of the company on account of Parliamentary and other
expenses during the present session. The balance of
434/. is the expense of the law clerk of the company for
the half-year. The bill for conferring further powers of
the company with reference to the completion of the un-
finished works between Basingstoke and Salisbury has
received Parliamentary sanction. The portion between
Basingstoke and Andover will be opened for traffic in
March next, and the remainder of the line to Salisbury
within three years from the passing of the act. Parlia-
ment has sanctioned the Portsmouth line, extending
from Havant to Godalming, where it is to join the com-
pany's line. With regard to the West-end and Crystal
Palace Railway, clauses for protecting the South-
Western Railway property were inserted in its progress
through the House of Lords, and the bill was passed.
The Wimdledon and Croydon line has also received the
sanction of Parliament. A bill for the construction of
the Staines and Wokingham and Woking Junction Rail-
way has received the Royal assent, and the new com-
pany is engaged in preparations for commencing the
construction of the line. The board will be prepared to
enter into amicable arrangements for the development
of traffic upon terms of reciprocity upon terms mutually
beneficial. The board succeeded in obtaining the rejection
of the Devon and Dorset Railway Bill, and pledged this
company to seek for powers in this session to construct a
double line from Dorchester to Exeter. The extension of
the line of this company to Exeter, cannot fail to be
beneficial to Southampton. The evidence of authorities
of high consideration, which mainly influenced the de-
cision of the Parliamentary committee in the case of the
Devon and Dorset bill, shows the importance attached
to the constrruction of railways on the national gauge,
and the development of that system will afford a conve-
nient and continuous mode for the transit of persons
and goods. The directors feel that it is the duty and
interest of the company to assist by every means in its
power the dock company in extending their space for
shipping, and should an opportunity arise in which the
can
assistance of this company be advantageously given,
the directors will not hesitate to consult the proprietors
thereon. The report of Mr, J. Beattie,htat tthheelosctoomekotivine
and carriage superintendent,.states both locoimitive and carriage departments is in a most
efficient state, and although the miles run exceed those
half-year of 1852, the working ex-
penses have been reduced, indicating a healthy and
sound state of the plant. le statement of carrying
stock shows that there are 121 locomotive engines, two
State carriages, 130 first-class, 48 composite, 191
second-class, and 100 third-class carriagess ; 47 horse-
boxes, 61 carriage trucks, 1,593 goods, &c. waggons,
92 ballast and coke waggons : total stock of carriages,
2,301. Of the 121 engines 93
are in good working con-
dition, 12 undergoing
considerable repairs, ordinary
repairs, 7 working, but which will require to be replacedwith new ones, and 5 were built by the
company
re-
place worn-out new stock. The quantity of pn)
.r to
caoke con-
sumed averaged 19.51 b per mile per train,' and the cost
of lomocotive power was 8.30 d. per mile per train. The
capital account shoWs that 8,820,7757. bad been re-
ceived and 8,716,1351. expended, leaving a balance of
104,637/. The debenture account shows that 2,212,7447.
had been raised, on loan, of which 292,6577. was bor-
rowed at 5 per cent., 46,5'86/. at 41 per cent., 1,0001.
at 41 per cent., 937,700/. at 4 per cent., 333,200/. at
3, 586,700/. at 31, and 14,900.7. at 31 per cent. The
total share capital, irrespective of preference stock,
amounts to 7,434,0507., of which 6,753,7651. is entitled
to dividend, 435,2261. shares in the hands of the com-
pany, 230,658/. remains uncalled, and 14,4001. non-
converted Gosport shares. The revenue account for
the half- year showed l 9
313,5917.1 had
of 175,101'd
leaving a ba ance o
and 138,490/. expended,

BETTING HOUSES.—The Bill on Betting Houses as
amended was yesterday printed. Only a few trifling
alterations as to the printing have been made. The day
on which it is to take effect has not been inserted.