The Sun.
London, England, 1849-02-17 00:00:00

HAT MillitZETS.

SMITHFIELD.—Meadow Hay, 21 lOs to 3113 s ; Clover ditto,
31 lOs to 4/ I3s ; and Straw, II 3s to 11 9s_ per load. A mo-
derate supply and a steady demand.
CIIMBERLAITD.—Meadow Hay, 2/ 103 to 3/ 15s; Clover
ditto, 31 lOs to 4/ lOs ; and Straw, 11 4a to 11 lOs per load.
Supply tolerably good, and trade firm.
Wun•EcuArEL.—Meadow Hay, 21 lOs to 3/ 13s ; Clover
ditto, 31 lOs to 41 16s ; and Straw, 11 3. to 11 9s per load
Trade dull, at late rates.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prius at Westminster, before Lord
Chief Justice DENMAN and a Special Jury.)
CRIM. CON.—TYLER V. NA.YNE.

Mr. Graves appeared for the plaintiff, and Mr. Knowles
for the defendant.

Mr. GRAVES briefly explained the case to the jury as
detailed in the subjoined evidence. He said both the
plaintiff and the defendant were in the army—the first
was a captain in the Royal Engineers, and the defendant
an officer in the 16th Light Dragoons. The plaintiff
was married to Miss Mary Sampler, a beautiful and ac-
complished young lady, the daughter of a Mr. Sam-
pier, at the parish, church of • St. Thomas's,
Middle Island, St Kitt's, one of the East Indian Islands,
on the 19th of May, 1846, having for some time pre-
viously been under an engagement to marry Captain
Tylee on his arrival from England. The defendant at
that time was also resident in the island, but was not on
intimate terms with the plaintiff or his family. In fact,
he had been requested not to visit his house, in conse-
quence of his attention to Mrs. Tylee. Notwithstand-
ing this, however, it appeared that he found op-
portunity of communicating with the lady, and
that six months after her marriage she eloped
with the defendant from the island, and proceeded
with him to this city, where they-lived together as man
and wife.

It appeared that evidence had been taken in the island
in pursuance of a commission, which was read, atter
a technical objection, which was overruled.
" John Hunter Nalwyn deposed that he was a surgeon,
and that he was present at the marriage.
" The Rev. Henry Narnford proved that he performed
the marriage ceremony, which was the same as that used
in the Protestant churches of this country, and that he
was well acquainted with the plaintiff and defendant.
The defendant was present at the marriage, but not as
an invited guest. The lady was given away by her
father. The plaintiff and his wife lived together, to all
appearance, most happily, until the August of the year
in which they were married, when she eloped with the
defendant. The plaintiff was an affectionate husband.
At the request of the father and mother of Mrs. Tylee,
he endeavoured to trace the retreat of the lady and her
paramour, in St. Bartholomew and St. Thomas, but
without avail. The plaintiff was much affected at the loss
of his wife.

Cross-examined.—Never saw the defendant in the plain-
tiff's house. The plaintiff had told him that he had visited,
but that he had forbidden him the house."

The Hon. Robert Claxton, Chief-Justice of the island of
St. Kitt's, proved that the marriage ceremony was per-
formed in accordance with the rites of the Established
Church.

Cross-examined.—Knew the plaintiff and defendant, but
owing to living in a remote part of the island, he did not
often visit them. The defendant joined the garrison about a
year before the elopement. Captain Tylee lett on the 12th
of April, 1845, and his impression was that he was absent
at the time the defendant joined the garrison.
Mrs. Harrison-deposed that she was the landlady of the
house, 33, Welbeck-street. Went to Dublin with a Dr.
Nalwyn, who had come over from St. Kitt's for the purpose
of identifying the defendant, and Mrs. Tylee, with whom
she was acquainted. Saw the defendant and Mrs. Tylee at
a house in Grove-street. They came to reside with her on
the 31st December, 1846, in Welbeck• street, They occupied
the first floor, in which there was but one bed-room and one
bed. They lived as man and wife, under the name of Mr.
and Mrs. Mayne, and continued to do so for three or
four months. They slept together. They left, but
returned again in a week, and occupied the same
apartments, where they went by the name of Mr. and Mrs.
Martin. When she saw them in Dublin, Dr. Nalwyn called
out their real names, namely, Captain Mayne and Mrs. Tylee,
and they at once admitted that those were their names.
The female servant of the last witness corroborated the
greater portion of her testimony.
Mr. Osborne was again called, and deposed to the follow-
ing letter being in the handwriting of the defendant. It
was directed to the plaintiff, and simply bore the date of
" September 28."
"Sir,—From the situation of St. Kitt's I have not been
able to give you an opportunity of obtaining the satisfaction
which you may require, and I now have to inform you that
my address may be obtained at Messrs. Cox and Co.'s, army
agents, in the event of your calling for any satisfaction at
any future period."
Cross-examined—Mr. Mayne was quite a young man.
Mr. Faulkner, a solicitor, stated that Captain Tylee's age
was 29.

Daniel Forrester, of the City detective force, deposed that
he had made enquiries in January last year after the de-
fendant and Mrs. Tylee, but without avail.
Mr. KNOWLES addressed the jury for the defendant. He
said it was but natural to assume that the plaintiff's wife
would not have left him almost before the expiration of the
honeymoon except from some strong cause. Doubtless
during the absence of the plaintiff from England she had
become enamoured of the defendant, whom she was only
prevented from marrying in consequence of her engagement
with the plaintiff. The case was, therefore, a painful instance
of the effect of prior and strong attachment. The plaintiff
must have seen that the unfortunate lady, though disposed to
keep her word, evinced a revulsion of feeling at the anticipated
marriage, when in truth her affections were concentrated in
another, and it was a gratifying circumstance that no
offspring was the result of the unfortunate union—no
offspring to live the father's misery and the mother's
shame. It could not be thought, he contended, with any
justice, that a man experienced a very great deprivation
when his wife left him six months after the marriage. He
submitted, therefore, that though he was not instructed to
deny the adultery, that this was not a case wherein they
would do well, as in cases of many years' cohabitation,
to give exorbitant damages. No breach of confidence
or hospitality had been committed, and as the
defendant was a young man with no fortune save his sword
and his prospects, he trusted the jury would see the justice
of awarding nominal damages.
Lord DENMAN said the marriage and the adultery had
been clearly proved. It seemed that no charge of breach of
confidence or treachery, in the ordinary sense of these terms,
had been committed by the defendant; and when a lady left
her husband six months after her marriage, the loss was not
so great as of a wife who had lived for many years with her
husband; yet, on the other hand, the defendant must be made
amenable for an act which admitted noj ustification, and though
it did not appear that he was possessed of large means, yet

he followed a profession which evinced that he was not in
penury. It would be for the jury to say, after taking the
loss of the plaintiff into consideration, and the whole of the
evidence, what amount of damages he was entitled to recover
at their hands.

. -
The jury, after a brief consultation, found a verdict for the
plaintiff; damages 200/.
The Court then rose.

BOSTON, STAMFORD, AND BIR-
MINGHAM RAILWAY.—(THIS DAY.)
The usual halt-yearly general meeting of the proprie-
tors of the above railway was held this morning, at the
Great Northern Offices in i‘loorgate-street. Mr. Tho-
mas Maeauly, chairman of the beard of directors, in the
chair.

The advertisement convening the meeting having been
read, the common seal was affixed to the register of pro-
prietors, after which the following concise report was
submitted to the shareholders:—

" During the interval which has elapsed since the last
general meeting, your directors have anxiously consi-
dered what course they could adopt so as to bring the
company into a position to receive the guarantee of 6
per cent. from the Great Northern Company. Difficel-
ties have presented themselves from time to time, which
your directors hope are now on the point of being over-
come, a proposal having been made to the Eastern Coun-
ties Company, which, if carried out, will preclude the
necessity of constructing a line parallel to the one
al-
ready existing between Peterborough and Wis'
beach; without, at the same time, interfering
with the agreement on the part of the Great
Northern Company, to pay to the Boston, Stamford, and
Birmingham shareholders the 6 per cent. guarantee.
Your directors are not able to enter more fully into this
matter on this occasion, as it has been found impossible
to complete all the necessary arrangements in time for
the present meeting; but us soon as they are in a posi-
tion to do so, they will, without delay, communicate
with the proprietors. The directors retiring by rote'
Lion at the present sleeting, in accordance with the Act'
are Mr. Macaulay, Mr. Packe, and Mr. Arbouin; each
of whom, being eligible, presents himself for ree election.
The retiring auditor is Mr. Hawker, who also presents
himself for re• election."
The balance-sheet represented the total receipts to
amount to 62,0741. lOs., and the expenditure to
56,3111. 10s. 11d., leaving a balance in hand of 5,7621
19s. ld.

On the motion of the CHAIRMAN, the report vitis
unanimously adopted, after which the retiring directors
and auditor were re-elected.
Thanks were then voted to the Chairman and di•
rectors, and the meeting terminated.

SPORTING INTELLIGENCE.
BETTING AT MANCIIESTER.—FRIDAY.
LIVERPOOL STEEPLE CHASE.-6 to 1 agst Prince
George (t), 8 to 1 agst The Curate, 12 to 1 agst Chandler+
14 to 1 agst Napoleon, 14 to 1 agst Victim, 15 to 1
agst Jerry.

METROPOLITAN HANDICAP.-6 to 1 agst Lugar (7 tot
taken freely), 15 to 1 agst Clarissa, 15 to 1 agst Do'
the-boys, 20 to 1 agst Executor ; the others as before.
CHESTER CUP.-20 to 1 agat The Tartar (t), 30 to
agst agst Halo (t), 33 to 1 agst Lady Wildair (t); the re"
as on Tuesday.
DERBY.-100 to 6 agat Honeycomb (t), 25 to 1 figs/
Strongbow. 25 to 1 agst Elthira ; no other change.
CARMARTHENSHIRE STEEPLECHASES.