The Sun.
London, England, 1847-03-01 00:00:00

SU Ny MARCH 1, 1847.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Feb. 27.
Before Lord DE MAN and a Scecial Jury, at Guidhall.)

THE QUEEN V. DUNN.
Sir Frederick Thesiger, Mr. Clarkson, and Mr. Hawkins
appeared fcr Miss Burdett Coutts, the prosecutrix in this
case ; and Mr. Dunn, a quondam, Irish barrister, defended
himself.

The case, with the character of which the public are fami-
liar, attracted to the court, which was densely crowded
throughout the proceedings, an unusual concourse of spec-
tators. Expectation was on the tiptoe to see Mr. Dunn
brought face to face with the rich heiress whom he has so
long persecuted by Lis addresses, and to hear what he had
to say in justification of the extraordinary case made out
against him. The Court commenced its sitting at half-past
nine o'clock, and at that hour Mr. Dunn, whOse appearance,
though decidedly Hibernian, is not unprepossessing, took his
seat within the bar, at one end of the space allotted to
Queen's counsel. He is a man between forty and fity years
of age, his hair rather grey, about the middle height, well
dressed, with a gentlemanly bearing and an intelligent
expression. His manner throughout the proceedings was
confident and unabashed, and while at some moments he
became greatly excited in the conduct of his case, he
never appeared to lose the self-possession which a firm re-

liance on the merits of one's cause is generally supposed to
Inspire.
Miss Burdett Coutts was present in court during the whole
proceedings. She sat beside Lord Denman on the bench,
and was accompanied by Mrs. 0. Cave and Lord Sandon.
Throughout the sitting she preserved a dignified composure
of manner, which gained for her general sympathy, as all
felt how deeply her feelings must have been wounded by the
detai4 of this extraordinary and yet ridiculous trial.
Mr. iIAWKINS opened the pleadings by stating that this
was an indictment for wilful and corrupt perjury, assigned
On an affidavit sworn by the defendant in the Court of Bank-
r4tcy, on the 31st of March, 1846. The defendant had
pleaded Not Guilty, and upon that plea issue was joined.
Sir FamDIERICK THESIGER then stated the case to the
jury. He said that, considering the serious nature of the
charge against the defendant, and the consequences that
must inevitably follow upon conviction, he desired as far as
possible to abstain from introducing any topics which might
seem to be irrelevant, or calculated to prejudice the defendant.
But the case itself was one of so peculiar and extraordinary a
nature, and the grounds on which the defendant had at-
tempted, and probably would again attempt, to justify his con-
duct were so strange, that he should necessarily require to make
a short preliminary explanation. The perjury was charged
to have been committed in an affidavit filed by the defendant
in the Court of Bankruptcy, for the purpose of prosecuting a
fiat against the prosecutrix, Miss Burdett Coutts; and in
order to justify the statement which was made in the affi-
davit, that Miss Burdett Coutts was indebted to him, the de-
fendant alleged that he had from he an authority to draw
upon the banking-house of Messrs. Coutts and Co.,
for a sum of money which should be a com-
pensation for certain injuries which he supposed
he had received at Miss Coutts's hands. It would
be absolutely necessary, therefore, in order to refute the ab-
d notion which was to be made the ground of defence,
that he should state a few facts, nearly all of which would
be established under the handwriting of the defendant. They
were aware that the prosccutrix (Miss Burdett Coutts) was
the daughter of the late Sir Francis Burdett, and the grand-
daughter of Mr. Coutts; that she derived her name and con-
siderable property from her grandfather, and that she repre-
sented the interest which he had in the banking concern.
The defendant (Mr. Dunn) was an Irish barrister. but had
not been in practice for a number of years. He had been
resident in this country, and was a person not in very
affluent circumstances. For a long series of years he had
been pursuing a course of conduct towards Miss Coutts of
the most offensive and annoying description. He had pur-
sued her from place to place, persecuted her with letters of a
most extraordinary character, sometimes breathing the most
ardent and passionate affection, at others pretend-
ing he was entitled to institute legal proceedings against
her for some imaginary wrong, or the breach of
some supposed engagement, and by persevering in
this conduct he had caused her to lead a life
of continued anxiety and apprehension. During the whole
of this trying period she had been prudently and cautiously
acting under the advice of friends, aided by professional as-
sistance. She had been compelled, on more than one occasion,
to resort to the law for protection, and under the proceedings
so instituted, Mr. Dunn had occasionally been imprisoned for
want of sureties to keep the peace towards the lady. There
bad been other proceedings in the courts of law, in which,
unfortunately, Miss Coutts's name had been dragged before
the public in connexion with that of Mr. Dunn, and which
had, unhappily, given to this case a most painful notoriety.
That the object of the defendant had been to extort money
he thought they could have no doubt. He seemed to have
flattered himself that Miss Burdett Coutts might be disposed
to make no inconsiderable sacrifices to rid herself of his im-

portunities, which had actually rendered her life miserable.
Taking that as their guide to the conduct of the defendant,
he thought it would go far to explain to them his last daring
effort, far beyond anything which he had ever previously
attempted, which had brought him within the range of the
Criminal Courts, and made him subject to the present in-
dictment. His attack commenced by letters on the 15th of
January, 1846 ; one to Mr Marjoribanks, a partner in Messrs.
Coutts's bank, and the other to the prosecutrix herself. The
letter to Mr. Marjoribanks was as follows .
"I deem it my duty to inform you that I have received an
authority from your partner, Miss Coutts, to draw upon your
bank for compensation for the injuries, &c., she has inflicted
tsioanatte.' Previously to my doing so it is only right to show
'4l:s 0 auththit,A.: sult,,beapt W4lOl Reuel form, although
oty—s.rt- 1003,-, •o. 00.0. • to
my wish to act with unkindness. I don't wish to incon-
venience you, or to draw the sum out of the bank at present.
The authority is good or bad. I have tested it in every way
in my power, and I believe it to be genuine; and I shall act
on it as such, affording you every reasonable opportunity of
satisfying yourself. I shall inform Miss Coutts of my inten-
tion to take this step. I purpose to call to-morrow after-
noon, so as to give you time to communicate the contents of
this etter to her."
The defendant then wrote the following letter to Miss Coutts :
" It is my intention to call at your bank to-morrow, to test
your sincerity and liberality, as I have before informed you.
apprised Bin Marjoribanks of this my intention by a letter
of the same date as this. It is my wish to act with strict
honour to you, as I have heretofore endeavoured to do: It
is my wish to leave the sum in your bank for the present, and
it was my wish to solicit the honour of an interview with
you, that we might possibly come to some understanding, to
remove the bitterness of the past and the future, and if you
think I can contribute to your happiness, I shall be yours.
If you cannot have me, the sum I draw shall be in full of all
demands. If you ever wish to have the protection of a man's
arm, send for the man who writes this, and if any man's arm
can protect you, mine is at your command."
The defendant did not call on the following day, but on the
day after Jan. 15) he presented himself at the banking-
house, and was introduced into a private room, where he saw
Mr. Marjoribanks, and during the interview between them a
clerk went into the room. Mr. Dunn endeavoured to get
Mr. Marjoribanks into conversation, which that gentleman
declined. He then produced as his authority from Miss
Coutts a copy of doggrel verses. Mr. blarjoribanks imme-
diately denied it to be in Miss Coutts's writing, and the clerk
said the same. On the 23d of January he wrote again to the
prosecutrix :
" I think it right to inform you that I called upon Mr.
Biaijoribanks, who informed me that you have not given any
authority to pay me any sum of money; but this will not
alter the legal effect of your order, although it may the
moral ; and putting me to prove your handwriting will but
enlighten the eyes of the community."
Ile jury would observe the cautious steps by which the de-
fendant proceeded. He began by intimating to the bank
that he had authority to draw upon it, which authority he
must have received from Miss Burdett Coutts, and yet he
wrote to her, warning her that he was about to make the
application to the bank, and giving her an opportunity of
stepping forward and preventing any publicity which might
arise by making some sacrifice of money to him ; and before
he took the next step he wrote a letter couched in threaten-
ing language, evidenly endeavouring to act upon her fears,
and induce her to prevent the step being taken which had
ultimately led to this prosecution. No notice was taken of
this letter, and he then wrote the following letter to Messrs.
Coutts :
" Gentlemen,—lt will be necessary for me to present my
bill to• morrow at your bank, for payment of the sum I deem,
under the circumstances, compensation for the injuries in-
flicted on me by Miss Coutts. I shall do so on the authority
of that lady, shown to Mr. Marjoribanks by me. if my bill
be paid it will release your partner from all legal and moral
obligations to me, and 1 shall be ready to sign any document
to that effect. If not paid I shall adopt the most summary
proceedings to protect myself from any further outrages I am
daily receiving and have been long subjected to. Ido not
intend to draw the amount out of your bank if you think
proper to allow it to remain. Contrasting the injuries I have
received, and my consequent position, with the position of
your partner, and her immense wealth, I shall draw for
one year's income, which I understand to be 100,000/. lam
content to receive the amount of one year's income, be it
less, if I am paid the amount, if it be more."
After this letter the defendant again appeared at the bank,
and saw Sir Edmond Autrobus, to whom he presented his
draught for 100,0001. He was asked by Sir Edmond to show
his authority, and ne produced the same paper he had exhi-
bited before to Mr. Majoribanks. He was again told that it
was not the writing of Miss Coutts, so that there were, there-
fore, four persons who Lad given him that assurance. On
the 19th of March the defendant wrote this letter to Mr.
Humphreys, the solicitor for Miss Coutts :
" In consequence of my bill, drawn on Messrs. Coutts, pur-
suant to authority given me by your client, not having been
honoured, I am proceeding under the bankruptcy law to en-
force payment of it. It is necessary the summons to pay
should be served on your client, who am informed has lett
her residence, for
;71hatplaceIcannotif aI vslceeartaeint.he
summons Under the
circumstances, you undertake,
with you, that it should be attended to ? I shall call to-
morrow for the answer."
:s—terday obliges me to answer
The, answer,lr
ou rwthesetth m termseye
did
that Miss Coutts owes you nothing, never
it by saying
and never gave or sent you any authority
to draw any
lettwerasleinft
go'r make any demand upon her or upon any
o business upon which you can desire
one else. There
owe you anythhilini
that ou will not call at my office, or
to see me, I
desire
I have giveny my clerks instructions not to
write to me ; andbeing n
d the next day, received the letter, said
The defendant calk.
that it was no answer, and tore it up. This
with an oath
object, he wrote to the bank-
hold any conversation with you.
the 20th of al arch, 1846 :
ing-house on
es in which I am placed by your partner,
" The circumstances
unavoidable'me to seek
e it absolutely
application not advancing his
Idiss Coutts, make
ofmy
demand against her by the most
to obtain p
s to bring my demand within the Bank-
the necessary: steps p
buet on sending to Bliss Coutt's residence, I
effectual remedy the law points out. I have, therefore, taken
ruptcy Court ;.
cannot obtain i nfnoraskating Mr. Humphreys he has renotice fused to
on her; and upo
This course on your partner's behalf
mion wh ere I can have the served
give the information.
I trust you will give the necessary
such circumstance.,
any . • f I not permit
e done, or can
would amount to an act of bankruptcy. Wishing to prevent
r to remain unsettled."
this matter longielswered thus:—
Messrs. Coutts a
and Co have received Mr. Dunn's letter,
Messrs. Coutts
information, tnat justice may b
and the subject to which it relates, or any subject
they beg to decline any interference or correspondence
with him on
whatever."

Now, it appeared that at that time Mr. Dunn had made pre-
paration for proceeding against Miss Coutts under the bank-
ruptcy law, for a letter was directed by him to Stratton-
street, which contained a demand in these terms:—

"To Miss Angela Burdett Coutts, of No. 1, Stratton-
street, Piccadilly, and of 59, Strand, both in the city of West-
minster.—The following are the particulars of the demand of
the undersigned Richard Dunn, barrister-at-law, of No. 8,
Upper Ranelagh-street, in the said city of Westminster,
against you, the said Angela Burdett Coutts, amounting to
the sum of 100,0001—(Loud and continued laughter)—being
the amount of a certain bill drawn by me on the bank of
Coutts and Co., of which you are a partner, and so drawn by
me by virtue of your authority, given to me for that purpose,
and which said bill you directed me to draw, as compensation'
tor divers injuries done and inflicted on me by you, and
which said bill was refused payment at your said bank, al-
though you promised that the same should be duly paid, and
which bill is still unpaid. Take notice that 1, the said
Richard Dunn, hereby require immediate payment of the said
sum of 100,000/. Dated this 10th day of March, 1846.
"RICHARD DUNN, Barrister-at-Law."
This demand was dated nine days before the date of the
letter addressed to Mr. Humphreys. Of course, the demand
was treated with utter contempt, and then the defendant
wickedly, deliberately, and knowingly made the following
false affidavit in the Court of Bankruptcy :
"Richard Dunn maketh oath and saith, that A. B. Coutts
is justly and truly indebted to this deponent, Richard Dunn,
in the sum of 100,0001. by virtue of a certain bill drawn by
this deponent on the bank of Messrs. Coutts and Co., by the
especial authority in writing given by the said A. B. Coutts
to this deponent, which was expressly given by her as
compensation for divers injuries and imprisonments inflicted,
and for which injuries this deponent had commenced legal
proceedings against the said A. B. Coutts, and which sum
she promised in writing should be duly paid ; but which said
bill, although duly presented, was not paid or honoured, and
which said bill remains wholly due and owing to this de-
ponent; and this deponent further saith that the said A. B.
Coutts is a partner in the banking-house of Coutts and Co.,
and is a trader within the statute, as this deponent verily
believes."
The Learned Counsel here commented at-some length upon
the facts which he had passed in review, contending that
they made out the charge of perjury upon which the defend-
ant, was indicted. The defendant bad made another affidavit
for the purpose of removing the trial from the Old Bailey into
this Court, and in that affidavit he set forth the supposed
authority which was given by Miss Burdett Coutts, and which
was in these words ;
" Oh, Mr. D.,
You've spoilt all our fun
By your very imprudent advances;
Why didn't you meet
Me, except in the street—
Why not meet me at routs or at dances?
" You called me fair girl !'
Till you made my head twirl,
So that all the fools thought I was silly;
At the window I stood,
With my tears in a flood—
You were posted just in Piccadilly.
" Whin to Harrogate sweet
Papa beats a retreat,
To take spa water supersulphureous,
I could hear your heart thump
As we stood near the pump,
While you bolted that stuff so injurious.
" Oh ! how, my dear pet,
Can I ever forget
That mixture of love and aversion ;
Of love for your lass,
And disgust for your glass,
Just like a teetotal conversion?
" When poor papa's gout
Put us all to the rout,
And drove us to Norwood hotel,
Your flame growing stronger,
You couldn't wait longer,
So posted away there as well.
" Our servants to cool
Your heat in the pool,
And cure you of love so mysterious,
Immersed you therein,
Nearly up to the chin ;
What a scene both of comic and serious ?
"But such are the antics
That come from romantics,
When once they lay hold of the brain,
That you term it Baptizing
My lover,' and prizing
My dower as much as love's chains.
" My pretensions grew grander,
'Till stern Alexander,
By a capias ad sat. capiendum,
Put the lock on your love,
And caged my sweet dove,
With his billings and cooings, to end 'em.
" But at last I'm relenting,
My jewel, repenting
Of all that you have suffered for me ;
Nay, I'm even grown tender,
Disposed to turn lender
Of cash, your sweet person to free.
" Send to Coutts's your bill—
There are lots in the till—
I'll give the clerk orders to do it,
Then get your discharge,
Your dear body enlarge,
Al id;
Stratton-street do let me view it.
. by the by, love,
Pay affection to prove, -
Fo - 'our long cruel in=ition
ranna_ _an
As I've plenty. of tin);
To flake you a fair compensation.

~ 4

" A. B. C."
Bursts of laughter followed the reading of each stanza in
this curious production, in the last two verses of which the
supposed authority to draw on Messrs. Coutts was con-
veyed.) The Learned Counsel read the affidavit, which was a
long document, and contained several very important allega-
tions. It set forth that the defendant had been imprisoned
three times on charges by Miss Burdett Coutts; that she was
in fear of bodily harm, nay, her life, from the defendant,
whilst all the time she was, by letters shown by him to a
gentleman of respectability and character, pretending that
she felt an honourable esteem and affection for the defendant.
It stated that the letters he received from Miss Burdett
Coutts purported to be answers to his letters ; that he had
compared the handwriting with that of Miss Burdett Coutts
on record in the Crown office of the Court, in the presence
of different officers and clerks, several of whom expressed
their opinions on the similarity of the handwriting. The
affidavit also set forth that two persons had compared the
letters received by him with Miss Coutts's writing, which
they had seen her write, and offered to speak to their
genuineness in a court of justice. It stated that the de-
fendant did not press the case in the Court of Bankruptcy
front motives of delicacy; that he had refused the sums of
10,0001. and 15,000/. offered as compensation for his in-
juries, by persons authorised to do so; that he had lost, in
consequence of Miss Coutts'a persecutions, a property of
nearly 5001, per annum, besides his profession and its emo-
luments for eight years. On the ridiculous terms of the
alleged authority to draw, Sir Frederick Thesiger con-
tended that the fabrication and uttering of a formal solemn
authority to draw might have been considered by the
defendant as placing him in considerable jeopardy; whereas,
if he framed and used a document in absurd doggrel verses,
such as that upon which he relied, he would protect him-
self from all serious consequences. The ridiculous cha-
racter of the authority was one of the strongest causes
which induced him (Sir Frederick Thesiger) to think that
it was part of a system ingeniously contrived by the de-
fendant to act upon Miss Burdett Coutts's fears of a ludi-
crous exposure, and to extort money thereby, at the same
time that he sheltered himself from punishment. He
was quite aware that there were many parts of the details
into which he had entered which were calculated to excite
a feeling of ridicule, and there might be some portion of the
conduct of the defendant which might lead to the suspicion
that they were the effusions of a disordered mind. If the de-
fendant was a person in that unhappy situation—if he was
not accountable for his acts, he would be an object for com-
passion, not for prosecution—ho would be a subject for re-
straint, not for punishment. But he (Sir F. Thesiger) had
never heard suggested, in the course of the whole proceedings
which had unhappily taken place in consequence of the de-
fendant's conduct, that he was a person in such a state of
mind as not to be responsible for his acts ; and, unless there
was anything either in the circumstances of the case itself, or
in any of the evidence which might be addressed to them
that day to lead the minds of the jury to that conclusion,
they would abandon it. He thought he had stated enough
to lead their minds to the conclusion that Mr. Dunn, at
the time he swore his affidavit before the Commissioners of
Bankruptcy, was aware of its being false, and, if that were
so, he apprehended the only course open for the jury to
pursue was to find him guilty of the perjury charged in the
*ndictment.
The following evidence was then adduced :
Mr. Iron produced the affidavit made by the defendant in
the Court of Bankruptcy on the 30th of March, 1846.
Mr. Edwards, Usher of the Court of Bankruptcy, stated
that he administered the oath to the defendant. He was
not certain whether the Court was sitting at the time, but it
was the custom to administer the oath when the registrar
was there.
Mr. J. F. Miller, the registrar of the Court of Bank-
ruptcy, stated that the affidavit of the 30th of March was
sworn before him, on the authority of the sth and 6th of
Victoria, c. 122, 5.67. The Court, he believed, was not sitting
at the time.
Mr. C. Humphreys, solicitor for the prosecution, stated
that the signature to the affidavit was in the handwriting of
Mr. Dunn, and also the body of the affidavit. The only
means which he had of knowing that it was so was from the
letters which he had received from Mr. Dunn.
Mr. Dunn—lf
.you come to that conclusion from that cir-
cumstance, would you think it an extraordinary stretch of
imagination if Ica to the meconclusion with regard tor
other persons ?I Mrme. Humphsreays— cI
can only answerfo
myself.
Mr. Bailey, clerk to Mr. Justice Patteson, producel the
affidavit on the 29th of June to remove the proceedings into
this Court by certiorari ; there was no affidavit filed in
answer to it, although the proceedings were adjourned for
three or four days.
Mr. Fisher, clerk to Mr. Justice Wightman, stated that he
administered the oath on that affidavit to the defendant.
Mr. Humphreys being recalled, said that the handwriting
in the body of the affidavit produced, and the signature to it,
were those of the defendant. (The documents referred to in
the opening speech of Sir F. Thesiger were here put in.)
Cross-examined by Mr. Dunn—l have been solicitor to
Miss Burdett Coutts since 1838, and during that period have
been engaged for her in other matters besides the prosecu-
tions against you.
Mr. Dunn—lt has been a very lucrative business for you.
Mr. Humphreys.—(Laughter.) _ Pray, how many prosecu-
tions have you had against me? Mr. Humphreys—I think
four. The first was at Harrogate, upon which you were sent
to York Castle ; the second at Bow-street, before Sir F. hoe,
upon which you were imprisoned in Tothill-fields Prison.
Mr. Dunn—Well, the third?—(Laughter.)
Mr. Humphreys—The third was in Middlesex, and the
fourth was that now before the Court ;
e upond. one of these oc-
casions, before Lord Denman, you were discharged.
Mr. Dunn—Do you believe his Lordshipl would have dis-
charged me if he thought Miss B. Coutts was in danger or
bodily harm from me?
Mr. Humphreys hesitated.
Mr. Dunn—Come, come, Mr. Humphreys, don't be afraid;
his Lordship will not be vexed with you.—(Laughter.)2