The Sun.
London, England, 1847-07-12 00:00:00

THE SUN,
_LONDON, MONDAYI EVENING, JULY' 12, 1847.

Average Amount
Oxfordshire Witney Bank Witney—Williams,
Clinch, and Co 10,854
Pease's )1d Bank, null, the 'It:A c.ral
Beverley Bank, Hull—Pease and Co 44,491
Penzance Bank, Penzance—Batten and Co 10,868
?ezerborough Bank and Oundle Bank, Peter-
borough-ISicit...l.s. Yorke
Peterborough Bank, Peterborough—Simpson,
White, and Simpson 10,693
Pembrokeshire Bank, Haverfordwest—J. and
W. Walters
Penzance Union Bank, Falmouth Bank, and
Truro Bank, Penzance—Rickets, Enthoven
and Co
Reading Bank, Reading—iamonas and Co 37,819
Reading Bank, Reading—Stephens,Blandy, and
Co 33,592
Richmond Bank, Richmond—Stapleton and Co 5,740
Ringwood and Poole Bank, and Town and
County of Poole Bank, Ringwood—Ledgard
and Sons
Rochdale Bank, Rochdale—Clement, Royds,
and Co 4,706
Rochester, Chatham, and Strood Bank, Roches-
ter—Day and Nicholson
Romsey and Hampshire Bank, Romsey—Foot-
ner and Son
Royston Bank, Royston—Fordham and Sons 14,005
Rugby Bank, Rugby—Butlin and Son 13,185
Rye Bank, Rye—Curteis, Pomfret, and Co 16,643
Reigate and Making Bank, and Reigate, Croy-
don, and Darking Bank, Reigate—Nash and
Co
Ross (ild Bank, Herefordshire, Ross—Pritchard

LAW IN TELLIGENCE.
COURT OF QUEEN'S BENCH, July 10.
(Sittings at Nidi Prins. at Guildhall, laF-fore Lord DEN-
)
CtUM C..N.—WLSTON V BILL.
Mr. Dovvdeawell and Mr. Clcasby were counsel for
the plaintiff; and Mr. Humfrey for the defendant.
This was an action for criminal conversation with the
plaintiff's wife. .The damages were laid at 1,0001.
Mr. DOWDESWFLL, in opening the case to the jury,
expressed his great regret that in the absence of Mr.
Martin it had fallen to his lot to state the case of the
plaintiff to them. The plaintiff was a person who, at the
time of contracting his marriage with his wife carried on
business as a butcher. The marriage had taken place about
four years ago ; he then gave up his busineseas a but-
crier, and took a public-house, called the Sun and Sports-
man, in Marylebone, which was exactly opposite some
extensive mews kept by the defendant, who had also a
house in the Regent's Park., He frequented the plain-
tiff's public-house, and a familiarity sprung up between
plaintiff's wife and the defendant. At first this was a
slight familiarity, but afterwards it became stronger, and
the defendant had been seen sitting with his arm round
her waist. The plaintiff gave up the public-house and
went to reside in another place, but the intimacy was
continued, and the defendant was in the habit of going
to the house when the plaintiff was from home ; but the
defendant being a married man, and not very young,
the plaintiff did not think anything of it. In the begin-
ning of the present year it was arranged that the plain-
tiff and the defendant should go out together on the fast
day in a carriage, to shoot sparrows, but plaintiff was
obliged to go elsewhere in the morning, and defendant
was not to call for him till two or three o'clock. When,
however, the plaintiff returned home, he went to the
window of the parlour to call his wife, but upon looking
in, he saw the defendant and his (the plaintiff's) wife in
such a position as could leave no doubt in his mind of the
fact of criminal intercourse having taken place. While
the plaintiff was standing in a state of the greatest asto-
nishment and misery, the defendant came out, passed
the plaintiff, and jumped upon his horse, which was
waiting for him, and rode off. They might easily con-
ceive the state of mind of the plaintiff. He left his house,
roamed about the streets all night, and the next
morning he went to the house of the mother of his wife,
and related to her what he had seen. The mother called

9,824

11,020

9,788

4,21

and Allaway
Saffron Walden and North Essex Bank, Saffron
Walden—Messrs. Gibson
Salop Bank, Shrewsbury—Burton, Lloyd, and
Co 16,437
Scarborough Old Bank,Scarborough—Woodall
and Co 21,845
Shrewsbury and Market Drayton Bank, Shrews-
bury—Adams, Adams, mid Co 6,601
Shrewsbury Old Bank, and Shrewsbury and
Ludlow Bank, Shrewsbury—Rocke, Eytons,
and Co
Sittingbourne and Milton Bank, Sittingbourne
—lTallance and Son
Southampton Town and County Bank, South-
ampton—Maddicon and Son
Southwell Bank, Southwell—Wylde and Co.
St. Alban's Bank, St. Alban's—J. S. Story 2,169
Salisbury Bank, Salisbury—Messrs. Brodie 20,815
Shaftesbury Bank, Shaftesbury— Brodie and
King "—
Southampton and Hampshire Bank, Southamp-
ton—Atherly and Fall
Stone Bank, Stone—W. Moore 6,294
Stourbridge Bank, Stourbridge —Rufford,
Wragg, and Co 16,760
Stafford Old Bank, Stafford—Stevenson and Co 12,063
Stamford and Rutland Bank, Stamford—Eaton,
Cayley, and Co. .
Stourbridge Old Bank, Stourbridge—Bate and
Robins
17,675
Shrewsbury and Welshpool Bank, Shrewsbury
—Beck, Downward, and Co. 25,135
St. Alban's and Herts Bank, St. Alban's—Gib-
son and Stuart 2,229
Taunton Bank, Taunton—Messrs. Badcock 24,775
Tavistock Bank, Tavistock—Gill, Rundle, and
11,993
Co
Thornbury Bank, Thornbury—Rol ph, Yates, and
Parslow
Tiverton and Devonshire Bank, Tiverton—Duns-
ford and Barne 9,589
Thrapston and Kettering Bank, Northampton-
shire, Thrapston Yorke and Eland 11,297
Tring Bank and Chesham Bank, Tring—But-
cher and Son
Towcester Old Bank, Towcester—J. and S

3,302

upon the defendant, who at first said there had only been
a slight difference between himself and the husband, but
eventually admitted the fact, and begged for pardon ;
but yet the defendant would now attempt to say that the
act had not been perpetrated. He called on the Satur-
day, and requested to see the plaintiff, and an interview
was arranged for the following Tuesday, at which the
mother of the plaintiff's wife was present, and on that
day the defendant expressed the greatest contrition for
what he had done, and offered to make any compensation
if the matter could be arranged. These were the facts
of the case. It was impossible the wife, who had one
little child, could ever again be the inmate of her hus-
band's house, and he now came to this court to ask for
compensation—a compensation which must always be
inadequate to the wrong done. He should call his wit-
nessee, and leave the case in their hands, and they would
say what damages the defendant should pay.
Mary Ann Charlton—l was present at the marriage
of the plaintiff and his wife in September, 1843. I have
visited them two or three times, and they appeared to
live on very affectionate terms.
Mr:. Smith—l am the mother of the plaintiff's wife.
The plaintiff was then a butcher. He afterwards sold
his business and took the Sun and Sportsman public
house in Marylebone. Opposite to that were the defend-
ant's livery stables. My daughter then had one little
boy. I visited her, and she and her husband lived on
very affl ctionate terms. He was remarkably kind to
her. He sold that business in April last, and went to
live in Caledonia-road. He came to me on the fast day;
he was in a most distracted state of mind. I went to
the defendant's in consequence on the following day,
and saw him. I then asked him what was the matter
between him and Mr. Weston, and he said that he did
not know. I afterwards saw him again on a Satur-
day, and he begged pardon, and denied that any-
thing criminal occurred. He said he was very sorry
for what had taken place, and begged to see Mr.
Weston. I afterwards saw Mr. Weston, and then Mr.
Hill, and I told the latter what the former had said. 1
asked him if he was aware he had parted man and wife.
He said he would do anything, either in money or any-
thing else, if Mr. Weston would but forgive him. I
said, if I could get Mr. Weston to see him, I would send
and let him know. Mr. Weston consented to see him on
the following Tuesday, and it was arranged that I should
be present. We met on the Tuesday. Mr. Hill was in
great agitation. Mr. Hill asked what had taken place.
Mr. Weston asked him if he did not see him in a certain
position, and Mr. Hill admitted that it was not a false-
hood, and begged Mr. Weston to forgive him. Mr.
Weston said, how can I forgive you when you have
ruined me and my family for life ? Mr. Hill begged me
to have another interview with Mr. Weston, but Mr.
Weston refused. I had seen Mr. Hill at Mr. Weston's
before this ; they were on very intimate terms.
Cross-examined—When Mr. Hill came to the house a
person was placed to hear all that took place. I ad-
vised that. He was in an adjoining room, with the
door open; his name is Summers. At the interview,
Mr. Hill said the fact of criminal intercourse had not
taken place. My daughter now lives with me. I can't
tell how often the plaintiff comes to my house; he calls
to see the child, sometimes twice a week. Mr. Williams
succeeded Mr. Weston at the public-house. The plain-
tiff's wife has gone there to collect the debts, and what
money she collects she keeps. It is not requisite I
should tell you how much she has got. I never inquire
into other people's business. She sends her brother
Joseph. I have three sons. Mr. Hill is younger than
Mr. Weston; I believe him to be about thirty-five; my
daughter is twenty-three.
Charles Summers—l am a tobacconist. I called upon
the plaintiff on Tuesday, the 20th of March. I was
asked to remain. I went into the next room to that in
which the plaintiff and Mrs. Smith and Mr. Hill were.
Mr. Hill said he was come to apologise for what had
taken place . so help him God it had not taken place.
Mr. Weston said it would have taken place, if it had not.
Mr. Hill said, " My dear soul, it would have taken place,
I have no doubt; but it did not." Mr. Weston said,
you have been there when I have not been at home.
Mr. Hill said, yes, he had ; he did not deny it. I had
never seen anything wrong between Mrs. Weston and
Mr. Hill when I called at the public-house.
Sarrah Watson—l was in the service of the plaintiff
at the public house on the 3d of May last year. Mr.
and Mrs. Weston lived on very good terms. Mr. Hill
nsed to come very often. I saw nothing particular. I
have heard him call her my dear. She has said, " Mr.
Hill, I'm not your dear."
Cross-examined—There was a barmaid in the room
at the time.
Mary Willis—l also lived servant in the public-house.
The plaintiff appeared affectionate to his wife. Mr.
Hill came there frequently. I once saw his arm round
Mrs. Weston's waist. I have seen them meet on the
stairs ; he has gone up stairs to the billiard-room, and
Mrs. Weston has gone up stairs.
Cross-examined—Mr. Hill used to take Mr. Weston
out for a drive.
James Smith—l recollect Mr. Hill coming to Mr.
Weston's on the fast day, on horseback ; Mr. Weston
was out. I touk care of the horse ; he remained for

29,374

9,272

Percival
Union Bank, Cornwall, Helstou—Vivian and
13,794
Co
Uxbridge Old Bank, Uxbridge—Hull, Smith,
and Co. 24,387
Wallingford Bank, Wallingford—Wells and Co. 9,844
Warwick and Warwickshire Bauk, Warwick—
Kelynge, Greenway, and Co. 26,496
Wellington Somerset Bank, Wellington—Fox,
Brothers
West Riding Bank, Wakefield, and Pontefract
Bank, Wakefield—Leatham, Tew, and Co. ... 44,022
Whitby Old Bank, Whitby—Simpson, Chap-
man, and Co 13,194
Winchester, Alresford, and Alton Bank, Win-
chester—Bulpett and Co.
Winchester and Hampshire Bank, Winchester
—Wickham and Co
Weymouth Old Bank and Dorchester Bank,
Weymouth—Elliott and Pearse
Wirkesworth and Ashbourne Derbyshire Bank,
Wirkesworth—Arkwright and Co.
Wisbech and Lincolnshire Bank, Wisbech—
Gurney and Co.
Wiveliscombe Bank, Wiveliscombe—P. and W.
Hancock
Wolverhampton Bank, Wolverhampton—Good-
ricke and Holyoake.
Worcester Bank, Worcester—Farley, Lavender,
and Co. 11,072
Worcester Old Bank and Tewkesbury Old Bank,
Worcester—Berwick, Lechmere, and Co 76,274
Worcestershire Bank, Kidderminster—Farley
and Turner
Whitby Bank, Whitby—Frankland and

3,025

... 4,763

54,526

6,258

8.949

kinson
Walsall Old Bank, Walsall—CharlesFoster and
Sons
Warminster and Wiltshire Bank, Warminster—
Everett and Co.
Wrexham Bank, Wrexham—J. and S Kenrick
Wolverhampton Bank, Wolverhampton—
Messrs. Fryer
Yarmouth and Suffolk Bank, and Halesworth
and Suffolk Bank, Yarmouth—Gurney,
Birkbeck, and Co.

20,14'

Yarmouth, Norfolk, and Suffolk Bank, Great
Yarmouth—Sir E. K. Lacon, Bart., and Co
Yeovil Old Bank, Yeovil—E. and J. Batten
York Bank. York—Swann. Clough. and Co
JOINT-STOCK BANKS.
Bank of Westmoreland, Kendal
Barnsley Banking Company, Barnsley
Bradford Banking Company, Bradford
Bilston District Banking Company, Wolver-
hampton
Bank of Whitehaven, Whitehaven
Bradford Commercial Banking Company, Brad-
ford
Burton, Uttoxeter, and Staffordshire Union
Banking Company, Burton-upon-Trent
Chesterfield and North Derbyshire Banking
Company, Chesterfield !
Cumberland Union Banking Company, Work-
ington ..
Cheltenham and Gloucestershire Banking Com-
pany, Cheltenham
Coventry and Warwickshire Banking Company,
Coventry
Coventry Union Banking Company, Coventry..
County of Gloucester Banking Company, Chel-
tenham
Carlisle and Cumberland Banking Company
Carlisle
Carlisle City and District Bank, Carlisle
Dudley and West Bromwich Banking Company,
Dudley
Derby and Derbyshire Banking Company, Derby
Darlington District Joint-Stock Banking Com-
pany, Darlington
East of England Bank, Norwich
Gloucestershire Banking Company, Gloucester
Halifax Joint-Stock Bank, Halifax
Huddersfield Banking Company, Huddersfield
Hull Banking Company, Hull .
Halifax Commercial Banking Company, Halifax
Halifax and Huddersfield Union Banking Com-
pany, Halifax
Helston Banking Company, Helston
Herefordshire Banking Company, Hereford
Knaresborough and Claro Banking Company,

11,061
8,167
42,109

9,A1
7,930
48,662

7,821
28,848

9,250

51,015

8,479

30,864

24,018
12,126

two hours.
Cross-examined—l am living with my mother now.
I have been to collect the debts at the public house by
the desire of Mrs. Weston. I have given the money
to her.
Hester Macey—l lire with the defendant, in the Re-
gent's Park. On the day before the fast day. an arrange-
ment was made between the plaintiff and defendant to meet
the neat day at Red Bill, near Edgeware, to
.shoot spar-
li
rows, and the ladies were to go in the evening. The
defendant was to call for the plaintiff.
Joseph Tewsbury—l lived with the defendant ; he
kept livery stables opposite the Sun and Sportsman.
Mr. HUNFREY then addressed the jury for the de-
fendant. It had never been his fortune to see such a
case brought before a jury. His friend had used common-
place phrases, which would do for many cases, but here
they were a little out of place. His friend had said that
the little familiarities which went on were not noticed
on account of Mr. Hill being an old man, and Mrs.
Weston a young woman ; he did not know what Mr.
Weston would think of that, but Mr. Hill, in-
stead of being this old gentleman, was about two
years younger than Mr. Weston himself. He had never
heard a case so attempted to be got up ; but he must
say that this husband had presented himself with as
litile pretence of being injured and heartbroken as any
man he had ever known. This had taken place on the
fast day (Wednesday), and the writ had been issued on
the Friday. The attorney said, " Oh, I will issue the
writ; I shall get 21. 3s. 4d. for that; but then what is
your case?" Mr. Weston would then look a little blank.
The attorney would say, you must have some evidence
upon which, by the advice of the attorney, the heart-
broken husband arranges with his mother-in-law that a
conversation should be got up, so that some person
might hear what was said, because if they could
manage a little admission that would tell before
the jury. The interview of Tuesday was to
take place, and he had no doubt Mr. Weston had
gone off to the attorney, and said we have made a
good shot, much more effectual than shooting sparrows.
We have knocked down the bird, for Hill has
agreed to meet us. Then the attorney would say the
admission is not so good if proved by one witness, and
therefore if you could just quietly get some one in the
next room to hear what is said it would then be a double-
barrelled gun ; put Mrs. Smith in one barrel and Mr.
Summers in the other, and then we shall be sure to have
him. It was discreditable to get up a case of this sort
by conversation, and his friend had said, could this hus.
band ever again live with his wife ; but let them conceive
him sitting in the room at that interview for a quarter
of an hour, while the worthy tobacconist was listening in
the other room. The defendant had said that nothing
criminal had taken place, and then the husband (no
doubt on the suggestion of the attorney) said if it had
not, don't you think it would? He had never seen a case
in which. there was such evidence to lead a jury to the
conclusion of guilt. He submitted that the proof was
not sufficient to induce them to find a verdict for the
plaintiff.
Lord DEN3IAN, in summing up, said it was a question
of facts for the jury. A great deal depended upon the
evidence of Mrs. Smith. Surely the feelings of the
mother of the wife who had committed such an act
were to be spared in some degree by all parties in the
evidence she had to give. Let them consider what her
feelings must have been during that conversation, and
what her feelings must be when in a public court of jus-
tice she came to state the guilt of her child. Were they
or not satisfied that this had taken place ? He thought
it a most serious case. If these parties were adulterers,
he thought the defendant had much aggravated the case
by bringing it into a public court, by not suffering judg-
ment by default, by exposing parties who were
witnesses
with foolish persons sitting by ready to grin in their
faces at any indecency that might arise. If they con-
sidered the defendant guilty, then the question was,

23,992
19,333

37,726
18,809

22,462
25,796
146,910
17,110
31,181
27,875
12,786

38,662

20,519

KnaresborO.ugh .
Kingsbridge Joint-Stock Bank, Kingsbridge
Lancaster Banking Company, Lancaster
Leeds Banking Company, Leeds
Leicestershire Banking Company, Leicester
Lincoln and Lindsey Banking Company, Lincoln
Leamington Priors and Warwickshire Banking
Company, Leamington Priors
Leeds and West Riding Banking Company,

28,916
3,790
54,114
22,51

78,956
52,948

Leeds
Leeds Commercial Banking Company, Leeds
Ludlow and Tenbury Bank, Ludlow
Moore and Robinson's Nottinghamshire Bank-
ing Company, Nottingham
Nottingham and Nottinghamshire Banking
Company, Nottingham
Newcastle, Shields, and Sunderland Union Joint-
Stock Banking Company, Newcastle
National Provincial Bank of England, Birming-
ham, Head-office, 112, Bishopsgate-street,
London
North Wilts Banking Company, Melkaham
Northamptonshire Union Bank, Northampton
Northamptonshire Banking Company, North-
ampton
North and South Wales Bank, Liverpool
Pares's Leicestershire Banking Company, Lei-

23,758

27,809

70,425

391,785
52,288
76,107

25,224
52,484

tester
Saddleworth Banking Company, Saddleworth...
Sheffield Banking Company, Sheffield
Stamford, Spalding, and Boston Banking Com-
PnY'StamC°rd
Stuckey s Banking Company, Bristol Somerset-
shire Bank, and Somersetshiro Bank, Lang-

51,050
2,917
35,305

49,827

p0rt........... .................... ................ 306,946
Shropshire Banking Company, Shlffnall ..... 4,560'
Stourbridge and Kidderminster Banking Corn
pang, Stourbridge
Sheffield and liallamshire Banking Company,

55,445

23,044

Sheffield •••. •.•
Sheffield and Rotherham Joint-Stock Banking
Company, Sto4lic!d
Swaledale and Wensleydale Banking Company,
Richmond .
Stocktcn and Durham County Banking Com-
psahnayft,ebti
Sstocrkyto..n.
..
......
..
.................
Storey and Thomas's Banking Company,
........
Sheffield and Retferd Bank, Sheffield .
Suffolk Banking Company, Ipswich ...............
Wolverhampton a kJ Staffordshire Banking Com-
pany, Wolverhampton
Wakefield and Barusley Union Bank, Wakefield
Whitehaven Joint-Stock Banking Company,
Whitehaven .• .
Warw;ck and Letouii gton Banking Company,
L:amingte Wet of England n4=l South Wales District
' Bank, Bristol „
•..

51,997

46,350