The Sun.
London, England, 1831-02-09 00:00:00

COURT OF KING'S BENCH.

The Court was this morning crowded to excess, it being gene-
rally expected that the action brought against Dr. Lushington
for a libel would be taken the first thing. On Lord TEN-
TERDEN taking his seat, however, the cause of " Doyle and
another v. Dallas," which is an action on a Policy of Insurance,
was called on, and was not concluded up to the time when our
Reporter left.

COURT OF COMMON PLEAS.
_ . GRIM. CON.-WINTER v. HENN.

Mr. 'Serjeant WILDE, Mr. Serjeant JONES, and Mr. JUS
TICE appeared as Counsel in the case for the plaintiff, and Mr.
Sergeant TADDY and Mr. PHILLIPS appeared for the de-
fendant.

Mr. JUSTICE opened the pleadings.
Mr. Sergeant WILDE stated the case to the Jury. The pre..
sent action was brought by Thomas Winter, who keeps the Castle
Tavern, Holborn, against the defendant, a hatter residing for.
merly oposite the plaintiff's, for criminal conversation with the
plaintiff's wife. The plaintiff, the learned Counsel had no doubt,
was known to many, if not all the Jury, under the name of
Spring. In the early part of his life the plaintiff' had been ad-
dicted to pugilistic contests, but had had the good sense latterly
to resign such pursuits, and had for some years past kept the
Castle Tavern, in Holborn. Spring and his wife had lived in the
greatest affection till lately ; they had several children, and were
as happy as mortals could be. In the course, however, of the
last year, the plaintiff' was taken extremely ill, and was confined
to his bed by rheumatism. His business was extensive, and dur-
ing his illness his wife managed the business. It was during that
period the defendant, who had been intimately acquainted with
the plaintiff, and often visited his house as a customer, became
intimate with the plaintiff's wife. Upon coming down stairs one
morning unexpectedly, he found the defendant in the bar, stand-
ing by his wife in rather a suspicious manner, but yet not in such
a way as to create the suspicion that any thing improper had oc-
curred. Ultimately Mrs. Winter left the house of her husband,
and went with the defendant to a house at Stepney, residing there
and passing as the wife of the defendant. Mr. He'll), the defen-
dant, had since become a bankrupt, but he trusted that the Jury
by their verdict would tell him that because a man was not rich
he had a licence to do what he pleased. He understood that the
defendant had given notice that it was his intention to producce
certain letters; what the object of them was he (Serjeant
Wilde) did not know, but this he was well aware of,
that when a woman abandons her duty to her husband
and her children, it was very common for her and her
adulterer to combine together to injure the husband, but he
trusted any attempt of that sort would fail in this case. He
should call his witnesses who would prove all the facts of his case,
and he trusted that the verdict of the Jury would be such, as
would give to the plaintiff all that he now waisted (for the de-
fendant being bankrupt nothing could be got from him), the ex-
pression of the opinion of twelve honest men on the enormity
of an offence like the present.
Joseph Drysdale Winter examined by Mr. Serjeant WILDE—
Was the brother of the plaintiff; who was a native of Hereford.
His wife's name was Elizabeth Griffiths. Plaintiff and his wife
were married 26th June, 1821. Tho plaintiff and his wife were
always upon very good terms with one another during the time
they resided at Hereford.
Cross-examined by Mr. Serjeant: TADDY--Had never been
in the boxing line. Never recollected Mrs. Winter beiug turned
out of the house of her husband Would swear that his brother
had never made any remark to him that his wife had been too in
timate with a gentleman at Hereford. His brother never told
him that he had put a gentleman under the pump near his house.
Had seen a gentleman called Dutch Sam a few nights ago, but
could not tell where it was. Did not know what crosses meant.
Mrs. Winter went to live with her father at the time they li 'ed at
Hereford.
Re-examined—Had not seen his brother for two years.
Rebecca Beckett—Her husband and herself had known the
plaintiff' and his wife since led!. Visited them frequently. Wit-
ness's husband was a green-grocer, residing in Great Russell-
street. Mrs. Winter always conducted herself with becoming
propriety; never saw any thing which induced her to doubt they
lived in affection and happiness. Was requested last week to go
Greenwich, where she saw Mrs. Winter, and Mrs. Mills was in
company with her at the time.
Cross-examined—Was in the habit of frequently visiting the
public-house.—(Laughter.)
Re-examined—Witness meant visiting Mrs. Spring.
Robert Hancock—Kept the Albion Tavern, Beak-street, Re-
gent-street. Was in the habit of visiting the plaintif and his
wife. Their conduct towards each other was always extremely
kind.
Cross-examined—Plaintiff had never made any complaint to
witness of the conduct of his wife. He supposed the gentleman
was put under the pump for no good behaviour.---(Laughter.)
Plaintiff said the gentleman was very fond of his wife, and so
he had him put under the pump. Plaintiff had never told wit-
ness he had given the gentleman black eyes before he put him
under the pump.
Ann Winter was the wife of one of the plaintiff's brothers.
Resided in London, nearly opposite the plaintiff: Was in the
habit of visiting there. Plaintiff's conduct towards his wife was
always extremely affectionate.
William Davis had known the plaintiff upwards of nine
years. When the plaintiff kept the Weymouth Arms, witness
lodged with them for some time. Had been in the habit or
visiting them since. Always considered them to live very af-
fectionately with each other.
Sarah Mills—Was the wife of Mr. Mills, the landlord of the
Mulberry Tree public-house at Stepney. Had seen the man
she saw in the hall, and the woman she saw at Greenwich, at
her house on the 27th of August last. She came between ten
and eleven o'clock ; Mr. Henn came first, and wished to know if
he could have a beefsteak cooked ; the lady came afterwards in
the gig. After taking refreshment they went out together and re-
turned in the evening, when it rained very hard. Mr. Henn
said his friend's house was so full:that they could not stop there,
and requested to be accommodated with a bed. They slept there
and occupied the bed which was usually occupied by her and her
husband, witness believing them to be man and wife ; breakfasted
at [the house of witness, and went away shortly afterwards, Mr.
Henn tellindwitness it was probable she would see them again in
the course of the day; both returned in the course of the day;
Henn said he should not be able to settle his business, and that
the lady would sleep there that night, but he could not. Mrs.
Winter stopped at the house of witness from 28th of Aug. to the
7th of Sept. Henn came twice a day to see Mrs. Winter. and upon
every occasion they retired to the bed-room. Witness all this
time believing they were man and wife. Three days before
theylleft a Mr. Bluck, a painter and glazier, informed witness
who they were.
Cross-examined—Winter came the day before they went away
to witness's house, saw his wife, but would not speak to her.
Witness was quite sure both Mrs. Winter and Henn went into
the bed-room together on the 27th of August. Witness wished
them good night, and heard them lock the door.
William Bluck knew the defendant well, who was a hatter in
Holborn. Saw him in company with Mrs. Winter at the Mul.
berry-tree public-house
This was the case on the part of the plaintiff.
Mr. Sergeant TADDY then addressed the Jury on behalf of
the defendant. They were assembled here for the purpose of
giving compensation to the plaintiff for that which he had lost,
and if he had lost nothing he could not ask anything at the hands
of a Jury. He could not take a better account of what Mrs.
Winter's previous conduct had been, than that which Mr. Winter
himself gave; and if from that he shewed that the conduct of
the plaintiff's wife had been improper, the plaintiff knowing of
it, he, and not his friend Mr. Sergeant Wilde, would be entitled
to the verdict of the Jury. He should read a letter from the
`;-,6dt h
knownof his wife's miscon_
July, lB3r), by which it
duct for upwards of five years. The Learned Segeant then read the
ld
letter ;• in parts of which the plaintiff stated, that it was more
wploaui
b'eff t o
seen to
that
than five years since he had found his wife out at Hereford, and
is
that he now knew of many more cases of her impropriety. The
thew feplaoifn had
Plaintiff also in the same letter, said that the big house in Soho_
square was much more adapted to her purposes than the house
of his friend—he supposed she was as fond of hackney,coach
friends as she formerly had been of stage-coach ones, the only
difference being, that now she went to visit them, while formerly
they came to visit her. The Learned Serjeant would rest his
case upon this letter, and he trusted, after the Jury had care-
fully perused it, they would come to the determination that the
plaintiff was not entitled to any damages.
Mr. Sergeant WILDE replied, contending that the letter must
be taken as the ravings of an injured man, whose feelings had
been irritated by what had been stated to lin ' n by friends and
neighbours, who were always anxious when a wife had acted as
Mrs. Winter had done, to bring forward • every circumstance
that would decrease the value of the wife in the eyes of the hus-
band, and by that means, in some
d egree, console him for his
loss. He trusted the Jury would mark their
sense of the conduct
of Mr. Henn by appropriate damages.
Mr .Justice ALDERSON summed up, and the Jury returned
a verdict for the plaintiff---Damages 1501.
The case of BLUNDY V. DUFFIELD did not come on for trial
to-day.

LieelST E
that
hasCi
gvVelnLnot
PENSIONERS.—Mr.
Select 05rhEiRoast:TeMwirli.
moveGU for
Committee, " to whom shall be referred the account
of all pensions payable out of the Civil List, with a view
to the continuance of such pensions only as shall have
been granted for services performed, or for which satis-
factory special grounds shall be stated." The Noble and
Hon. Lords and Ladies will consider this gentleman an
" unwolcenne GUEST."
We understand that a very good imitation of
the one-pound note of the Glasgow Bank is now circulat-
ing in Greenock, as well as a good deal of base coin...-.
Glasgow Free Fresh.