The Sun.
London, England, 1847-06-19 00:00:00

L(Th L.'ON, SATURDAY EVENING S N 7

PUBLICATIONS.

AFDINBURGH REVIEW, No. CLXXIII.
ADVERTISEMENTS for insertion in No. 173 of the EDIN-
BURGH REVIEW, are requested to be sent to the Publishers by
THURSDAY, the Ist of July; and BILLS on or before FRIDAY,
July the 2d.
39, Paternoster-row, June 19, 1847.

LADY GEORGIANA FULLERTON's NEW
WORK " GRANTLEY MANOR," will be published on
WEDNESDAY NEXT.

Edward Moxon, 44, Dover-street.

RAILWAYS.
Now ready, price is.
A LETTER to LORI) JOHN RUSSELL on
RAILWAYS.

By W. WOOLRICH WHITMORE, Esq.
`Janus Ridgway, Piccadilly, and Booksellers.

Just published, in 2 vols. fcp. Bvo., price 12s. boards,
YOUTHFUL LIFE AND PICTURES OF
TRAVEL: being the Autobiography of Madame SC HOPEN-
HAUE R. Translated from the German. _ _

" She had a wide fleldfoiTterOl;;;;;ation, the p2cullarity of a
most interesting period; and from the field she has gathered a goodly
harvest. Her style, as translated, is clear and epigrammatic ; and
she seems to write from the heart ; always a charming quality in a
female writer. We regret that want of space prevents further ex-
tracts from these interesting and various volumes. However, we
trust that we have printed enough to send the reader to the work
Itself for further instruction and amusement."—Dou;las Jerrold's
Newspaper.

GS:laYinVt.iffES,s Tli
wife.
LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, June 18.
This was an actio:Dn to recover damages for criminal
conversation with theE
Sir F. THESIGER (with whom were Mr. Cockburn,
Q.C., and Mr. Mellor) said, the action was brought to
recover compensation in damages for one of the most
severe injuries which it was possible for a man to sustain.
The plaintiff was a commercial traveller to a respectable
house in St. Paul's Churchyard; and the defendant was
a builder, in an extensive way of business. Though this
was not an action which was frequently brought by per-
sons in that class of life, the injury of which the plaintiff
complained was, nevertheless, calculated to wound his
feelings as deeply, and entirely to destroy his happiness
and peace of mind. Indeed, to a person in the plaintiff's
station of life, the society and assistance of a wife was,
perhaps, even more essential than to persons who moved
in a more exalted station. He was obliged, from the
very nature of his business, to be frequently
away from
home, and thus required, more than most men, the
watchful care of a wife for the protection of his home
and children. But all this he had been deprived of by
the unrestrained conduct of the defendant. The plaintiff
and his wife were nearly about the same age, and since
their marriage they had lived together in a state of
the greatest happiness and affection, and had three
children born of the marriage. In April, 1846, the de-
fendant, who, he regretted to say, was a married man,
and the father of two children, came to reside in Heath-
field-house, adjoining the plaintiff's residence in Elk-
ham-terrace, Islington. The plaintiff and defendant
were entire strangers, but while the defendant was ab-
sent from his home on business, the defendant, in some
way or another, introduced himself to the plaintiff's
house on several occasions, when circumstances occurred
which SN ould leave no doubt whatever on the minds of
the jury that a guilty connexion had taken place between
them. The Learned Counsel then stated the evidence as
it was afterwards given by the witnesses; and called
upon the jury to award such an amount of damages
as would give to the plaintiff some satisfaction, however
insufficient, for the irreparable injury which he had sus-
tained.

Edward Gadsby examined—l am the brother of the
plaintiff. My brother is 31 years of age; his wife is 26
They have three children. I always found them living
comfortably and affectionately together. My brother is
a commercial traveller, which called him away from
home from time to time. I told him my suspicions in
February last. He would not believe it. I and my
brother married two sisters. He saw my wife about it,
but even then he would not believe it. He was in great
distress of mind. My brother has three young children,
the youngest nine months old. The father of Mrs.
Gadsby is a publican and a man of substance.
Cross-examined by Mr. Sergeant SHEE—I live not far
from my brother's. My father keeps the North Pole.
File defendant's house is next door. I was there three
or four nights in the week. I saw the defendant at the
North Pole. Mrs. Gadsby kept my father-in-law's
accounts. Mr. Esthall has lived there about a twelve-
month. He works for my father in-law, Mr. Elkham.
I never visited the Esthalls. Never saw Mrs. Esthall at
my brother's. I don't know that the children of the two
families play together. I applied to the witnesses when
my brother was obliged to go into the country, in Fe-
bruary. I have looked after my brother's interest, as I
had a right to do.
Re-examined by Sir F. THESIGER—EIkham-terrace is
called after my father-in-law. Defendant is about 32.
He carries on business i❑ the New North-road, at Fins-
bury, and at Peckham Rye.
Mrs. Edward Gadsby—l am sister of the plaintiff's
wife. I mentioned my suspicions to my husband. I
never saw any dissension between the plaintiff and his
wife.

Cross-examined by Mr. Sergeant SHEE—My sister's
husband is not intemperate, and he is of a very good
temper. He is intoxicated sometimes, the same as other
gentlemen are.
Re-examined by Sir F. THESIGER—IIe is especially
good tempered when he is intoxicated.
Margaret Davison—l formerly lived at Mr. William
Gadsby's, the plaintiff. When I went he had two chil-
dren. I don't know that the plaintiff knew the defend-
ant. I saw the defendant at my master's house twice
before the sth of September, when Mrs. Gadsby was
confined. I did not let him in. Mrs. Gadsby took him
to the parlour. He remained two or three minutes.
Mr. Gadsby was absent then. Mrs. Gadsby let him in
both times. Mr. Esthall went into Mrs. Gadsby's bed-
room a few days after :the was confined. Ido not know
how long he remained. Eight or ten days after Mrs.
Gadsby was confined she sent me to fetch the defendant
to come and see her. I showed him up to my mistress's
bedroom. Mrs. Gadsby was lying outside the bed,
dressed. The nurse was in the room with the baby and
Caroline. Mrs. Gadsby told me to put Caroline to bed.
The nurse put the baby on the bed and came out of the
room. He was left there alone. I don't know how
long he remained. Charles, Mr. Elkham's servant, once
carried Mrs. Gadsby down stairs to the parlour. The
defendant came, as he said, by Mr. Elkham's orders,
and carried Mrs. Gadsby up to her bedroom. Next
morning Mrs. Gadsby sent me to fetch Mr. Esthall to
carry her down stairs. I gave the message to his sister,
and he came at one o'clock and carried her down stairs.
Mrs. Gadsby sat in the parlour, which has Venetian
blinds and shutters. Mrs. Gadsby used to sit in the par-
lour, and would tap at the window, and then Mr. Esthall
came to the door, and Mrs. Gadsby let him in. That
happened half-a-dozen times. When Mr. Esthall went
into the parlour, the shutters were closed, so that no
one could see into the parlour. The defendant remained
about a quarter of an hour. Mrs. Gadsby wore a minia-
ture likeness in her bosom. Frequently it would drop
out, when she would pick it up and kiss it. This is the
likeness. It is very much like the defendant. Six weeks
after Mrs. Gadsby was confined I went into the country
to Cuckfield with her. The defendant was at the plain-
tiff's about a week before that. He came at seven in the
evening, and left at half-past one in the morning. I
heard him come in. He remained in the parlour all the
time. They had no tea. Mr. Elkham came over at
about twelve o'clock. He called out to fasten the gate.
Soon after twelve o'clock he came again, and spoke about
the light in the parlour. Mrs. Gadsby:told him she was
going to bed directly. He came a third time, when Mrs.
Gadsby said, the children were ill, and she could not go
to bed yet. The candle in the parlour was put out
about one o'clock. They remained half-an-hour in the
dark. Mrs. Gadsby sent me to see if Mr. Elkham was
standing about. I went to the side-door and looked over
the gate. I thought I saw Mr. Elkham. Mrs. Gadsby
told me to see Mr. Esthall safe over the back wall. I
saw him get over the wall. I twice took notes to the
post to Mr. Esthall. Mr. Esthall took me and Mrs.
Gadsby in his cart to the station at London-bridge.
When he asked if there was any more luggage, she re-
plied, " No, dear." At Cuckfield Mrs. Gadsby went to
the post• office and got a letter, which she opened imme•
diately. The letter was on half a sheet of paper; it was
very thick writing. This is like the letter. When we
returned from the country Mr. Esthall's visits continued.
They were in Mr. Gadsby's absence. On one occasion
I heard them kiss. I left on my own accord. Mrs.
Gadsby's dress was much disordered after Mr. Esthall's
visits. That was after her return from the country.
Sometimes it would sound as if they were romping.
Cross-examined by Mr. Sergeant SHEE—I knew Mrs.
Esthall. She came sometimes once or twice a week.
Mrs. Gadsby went to Mrs. Esthall's two or three times
a week. Mrs. Esthall's little boy came sometimes. Ito
is about two years of age. Mr. Gadsby did not go to
to s
e e two
m o
rrs t. hGre Gadsby
s
y times, Mr. Esthall's. Mr. and Mrs. Elkhan were at Mr.
Gadsby's
The parlour is nine feet above the area. I can't swear
how many times I have seen Mrs. Gadsby tap at the win-
dow. lam sure of once. Mr. Esthall would pass the
bwahewn week.
Mrs.
was iEll,st not hailmcaom ree
once .
house in going to his business. Mrs. Gadsby had a
miniature of her husband, but larger than that. It is
the same colour. When Mr. Esthall got over the wall,
I went round the garden to see if any one was at the
windows. I was in the front kitchen by the dresser
when I heard them kiss. The other servant's name is
Smith. I told the attorney about the tapping at the
window, but to no one else.
Re-examined by Sir F. THESIGER—I never saw Mrs.
Gadsby kiss her husband's miniature.
By a juror—Mr. Esthall never visited when my master
was at home.
Mary Smith examined—l was servant of all work at
Mr. Gadsby's. I was there only two months. I left on
account of seeing Mr. Esthall there. I heard him fre-
quently kiss Mrs.Gadsby, when she let him in and when
he went away. He came frequently in the afternoon.
When Mr. Esthall was there I had to take care of the
baby. I told Mrs. Gadsby that I would tell Mr. Gadsby
about it. One day as Mrs. Gadsby was letting Mr.
Esthall out of the door, the child said, " Kiss me, Mr.
Esthall, as you kissed mamma." The child was never
allowed to come up after that.
Cross-examined by Mr. Sergeant WILKINs—I am a
servant of all-work. I had been at Mr. Gadsby's two
months when I began to differ with Mrs. Gadsby. Our
difference was, Mr. Esthall. Mr. Gadsby complained of
me to Mrs. Elkham. Mrs. Elkham told me so. Mrs.
Gadsby told me if I was not comfortable I was to leave.
My boxes were searched by desire of Mrs. Gadsby. I
was out of place a fortnight, Mrs. Gadsby was sorry
I made so short a stay; she wanted me to stop.
Re-examined by Sir F. THEsiGER—My mistre:
wished me not to tell my master that Mr. Esthall came
every day, but only now and then.
Elizabeth Harper—l am a monthly nurse. I nursed
Mrs. Gadsby. She was confined on the sth of Septem-
ber. I never saw Mr. Esthall at the house before Mrs.
Gadsby was confined. I saw him in Mrs. Gadsby's bed-
room on the Tuesday or Wednesday evening after she
was confined. He had some brandy-and-water. On the
Thursday after I saw him, Margaret Davison, and Caro-
line in the room. I think I left the room and went down
into the parlour, but did not remain any length of time.
The second time ho came Mrs. Esthall was with him. It
appeared as if be had not seen Mrs. Gadsby before since
her confinement.
ned by Mr. Sergeant SHEE—Mrs. Esthall
Cross-exami
came twice. Mrs. Edward Gadsby came four times.
Mr. Joseph Robson—l was partner with Mr. Esthall.
My belief is that this is not his handwriting.
Cross-examined by Mr. Sergeant SHEE—Mr. Esthall
had work to do for Mr. Elkhan, and at the plaintiff's
house. They were little jobs at intervals.
Joseph Drain—l am a house painter. I know the de-