The Sun.
London, England, 1841-08-23 00:00:00

LAW INTELLIGENCE.

300 0 0 Losses
811 It) 6 Liabilities
'Deficiency

3,811 17 5
365 0 0
811 10 6
27 10 1

.C 6,505 I a 0
£6,50.5 16 0
Mr. Commissioner FANE—Have you, Mr. Balfe, any
other description of property than that described in your
s'hedule ?—I have, Sir; I have an interest in three
manuscript operas, called respectively " The Bohemian
Girl," " The Magic Mirror," and " Adelvina,” which are
not yet quite complete, and are mortgaged to the Alfred
Insurance Company and Mrs. Chappel, fiir 6001.
The bankrupt having been sworn to the truth of his
ballance sheet, and answered the usual interrogatories,
wa3 declared to have passed his final examination.
On one of the nights of Mr. Balfe's disastrous cam-
paign, the receipts at the Theatre were as low as 161. 4s.

ASSIZE INTELLIGENCE.
HOME CIRCUIT—Croydon, August 21.
(Bel ire Chief Justice TINDAL.)
nEYILL V. TUORNIIIIIIY.
This was an action to recover the sum of 55/., alleged
to be due to the plaintiff by the defendant for meat,
drink, washing, lodging, &e., supplied to the defen-
dant's wife, from November, 1838, to December, 1840.
Mr. TINDAL opened the pleadings on behalf of the
plaintiff. Plaintiff is the brother-in-law of the defen-
dant, and both are attorneys. Plaintiff's sister married
the defendant, Mr. George Thornbury, attorney in
Chancery-lane, in the year 1828. They lived happily
together until the year 1838, when, owing to the
defendant's intemperate habits and his otherwise ne-
gieeting the comfort of his wife, she was induced, on
the representation of defendant's nephew, a young man
named Thomas Thornbury Tayloe, who assisted defend-
ant in his business, to quit her husband's roof. It
was not sought to be denied that defendant's wife had
been seduced by and had lived in adultery with Thomas
'Thornbury Tayloe ; but it would be proved by un-
doubted evidence—indeed it would not, he understood, be
denied by the other side—that the defendant was charge-
able with a condonation of adultery, inasmuch as he had,
after knowing her to have had criminal intercourse with
Mr. Tayloe, received her back into his house, and re-
stored her to all her conjugal rights. It was true that
she had again quitted his roof, but that was in conse-
queece ef his growing intemperance and neglect of her
comfort, and there was no evidence to show nor reason
to believe that she again incurred the guilt of criminal
intercoure. Besides, she had this extenuating circum-
stance in her faVour, that defendant had unnecessarily
put her in the way of temptation by repeatedly asking
her and Mr. Tayloe, a dashing, good looking young man,
to go to the theatre together, and instead of waiting to
receive them on their return, retired to bed, and allowed
them to take supper and remain as long as they pleased
together. It was not under these circumstances, and
considering that the defendant was fifteen years older
than his wife, to be wondered at that she and his nephew
should form an attachment to each other, and that a cri-
minal intercourse should be the result. He (Mr. Tindal)
would, beeides, he able to prove that the defendant did
not seem- to feel that he had sustained any serious loss
by the withdrawment of his wife from his house. He
theralize maintained that defendant was legally, as well
as morally, bound to pay the amount claimed by the
plaintiff, defendant's wife's brother, as the executor of
his mother, who had paid for the lodging and mainte-
nance of Mrs. Thornbury during the period already
specified. He had no doubt that the jury, when the case
was fully before them, would, under the direction of the
Learned judge, find a verdict for the plaintiff fir 55/.,
claimed by him RS the administrator of Mrs. Bevil!, Mrs,
Thornburv's mother.
The Learned Counsel then called George Thornbury
Tayloe, who had seduced defendant's wife.—ls nephew
to the defendant. Had been assisting him in his busi-
ness for several years. Was often asked by defendant to
take Mrs. Thornhill':- to the theatre and other places of
public amusement. Defendant did not remain out of
bed till their return. They had supperprepared for
them, and were left alone. Defendant had been so ad-
dicted to intemperate habits for a number of years as to
have lost all feelings of susceptibility, and to be often in
a state of mental imbecility, bordering on insanity. De-
fendant is fifteen years older than Mrs. Thornbury, and
did not appear to evince any anxiety for her comfort.
This was the case for the plaintiff.
Mr. PLATT then proceeded to address the Jury on be-
half of the defendant. The case was one of the most
monstrous kind he had ever known in the whole course
of his professional experience. The young man Tayloe
had taken advantage of the unsuspecting confidence of
the defendant, his uncle, and committed the double
crime of incest and adultery. And after having thus
committed the grossest outrage it was possible for him
to pereetrate against his uncle and friend, he has the
unblushing audacity to come forward against him in
court, to drag him amidst all his afflictions and infirmi-
ties before the public. The Learned Counsel, after some
farther very severe observations both on the ct)nduet of
the plaintiff in bringing fin-ward a claim under such eir-
cum-item:es, and on that of the witness who came for-
ward to support it, proceeded to contend that, as he
would be able to prove that Mrs. Thornbnry had left her
husbands house a s(‘cond time, and lived in adultery
with Tayloe, she had forfeited all legal claim on her hus-
band, and that consequently the Jury must return a ver-
dict the defendant.

The first witness called was Ruth Mabbutt. Witness
lived as cook in defendant's house for seventeen months.
There was another servant in the house. Had been in
the country since quitting defendant's house. Mr. Tay-
loe was in the habit of accompanying Mrs. Thornbury
to the theatre, and other places of public amusement.
Remembers their coming home on a Saturday, in March
1838. They went into the drawing-room. Witness had
occasion to ;au) into the drawing-room, after she had gone
up stairs to go to bed. Witness stated to the other ser-
vant, when she went up to bed, what she had seen.
t Had
not an opportunity of speaking to Mrs. Thornbury on
t the Sunday, but on Monday told her that, after what
she had seen on Saturday, she could not remain longer
in her service. Mrs. Th'ornbury said she might go if she
pleased, but if she did she would not give her a charac-
ter. Witness said she was not aware of having done any
to render her undeserving of one. Mr 1,3 oe
came to witness the same day, she was making the
beds, and gave her half a sovereign not to say anything
two
hours what she had seen until next day. In about wot
hours aftT this Mr. Tayloe and Mrs. Thornbury wen
out together. -This was about twelve o'clock. Mrs.
Thornbury did not return to dinner, nor that night at
all. About ten o'clock a letter addressed to Mr. Thorn-
bury was received. Gave him the letter next morning,
but left the room when she gave it him. He rang the
bell immediately after receiving it, and seemed very
such agitated and unhappy in his mind. Mr. Thornbury
first said that he had a swimming in his head, and that
he must surely be labouring under some delusion. He
added that mistress had run away with Mr. Tayloe, and
had said in the letter that he would not see her nor Mr.
Tayloe any more, and that all his efforts to pursue them
would be unavailing. Believed that Mr. and Mrs. Thorn-
bury lived happily together.
C: "'''s-examined by Mr. CITANNELL—Left Mr. Thorn-
bury's service on the Wednesday. Saw Mr. Thornbury
often intoxicated. Fetched spirits and soda-water for
him every morning after he rose from bed. Mr. Thorn-
bury must have known that Mr. Tayloe and Mrs. Thorn-
bury went to the theatre often together. A clerk used
'to come in the daytime before this affair happened, cad
attend to Mr. Thornbury's business.
Mra. Foskett—Resides in Gray's Inn-road. Lived in
April, N 33, in Witailsworth-road. Mrs. Thornbury
toak 10.:gings from her at that time at a guinea a week.
1/2inamea three months. Mr. Tayloe came daily, and
pretended to be a g mat gardener. Suspected what was
gsing on. Could not help it, though not wishing to
Spy er pry into private matters. Mr. Edward Tayloe,
an as,:stant-surgeon, and brother to Mr. Tayloe, came
falai) to the howe, but saw nothing improper between
him and Mrs. Thornbury. Mrs. Thornbury took the
lodgings as a lady separated from her husband. Mrs.
Thornbury also came and lodged in witness's house Isk
Wandsivorth-road.
The following letter from Mrs. Thornbury, dated
March 23th, 183, was then put in and read. It was
addressed to Mrs. Bauchier, the lady of the Rev. Mr.
Bnuchier, who had exerted himself, with other friends,
with SUCCeSS to induce the defendant to receive back his
wife after her first elopement. It would completely dis-
prove the supposition of condonation of adultery:—
" Cheam, Surrey. (Post mark, April 6, 1841.)
" Mrs. I3ouehier—You have directed a letter to me,
and though most unwilling to intrude my wretched self
enrLour notice, cannot remain silent when I see the
additional
alampreelds reot:lathmy intentions and thoughts ; an
et t State in which Mr. Thornbury
is at present lugs t
eaprobability of your having any
reply from lum. As far regards ter to me, I
will fairly and candidly tell y ou thatyour let
all your entreaties

COURT OF BANKRUPTCY—Aug. 20.
(Before Mr. Commissioner PANE.)
IN THE MATTER OF HR. W. BALFE.
This being the day fixed for the final examination of
the bankrupt, a few additional proofs of debt were ad-
mitted without opposition.
A solicitor who attended for Mr. Mapleson (the copyist
of Drury-lane Theatre) and other creditors, examined
the bankrupt at considerable length, and it was substan-
tially as follows :
You have, Mr. Balfe, been seen riding in gigs and a
close carriage repeatedly. Were either of those vehicles
your own ?—No, they were not. They were occasion-
ally lent me by kind friends, many of whose families I
had proessionally attended.
Have you any plate or linen which you have not men-
tioned in your schedule, or given up to your cre,ditors ?
—No, I have not.
. You have lived in what is called "good style," and
mtrit certainly have had some " plate ?"—Yes, but it was
very trifling in amount, Mrs. Balfe and I sat down toge-
ther at dinner, while the children were at school, and I
could not afford my servants to dine off plate.
You received 2,5051. Bs. 6d. during the time the Eng-
lish Opera-house was open ; pray, how did you expend
that money ?—I expended every farthing of it in the
theatre, as will appear by my books and cash account,
which are now in the possession of the official assignee.
HaVs you not had a very valuable gold snuff-ax ?
Yes, I had one, which was presented to me in li•eland ;
but m - necessities compelled me to part with it to a cre-
ditor, who still holds it, but for more than its intrinsic
value as gold.
trave you not had several valuable silver cups or
va ?—No, I have not. A valuable piece of plate was
pr rented to me in Ireland ; but that also I have been
o iged to, part with.
Mr. Commissioner PANE as'.ied to see the bankrupt's
b lance-sheet, which was handed to him by Mr. Lloyd
(the ae_:c untant).
Dr , Cr.
To Cret ito s. £2,838 19 oBy property (in
Gyital, Jan. 1840 50 0 0 dispute) £6O 0 0
Receipts of the Personal expenses 1,230 0 0
Theatre 2,505 8 6 Expenses of the
P: ()fit• from teach- • Theatre
ing, &c.