The Sun.
London, England, 1846-06-22 00:00:00

LAW 1i TELLIGEN CE.

COURT OF QUEENS BENCH, June 20.
(Sittings in Banco.)
BARROTT V. OLIVER.

This is a seduction case, which came before the Court in the
shape of an application for a new trial on the ground of mis-
direction, and that there was not sufficient evidence adduced
on trial to show that the plaintiff had lost the services of her
daughter.

The plaintiff is the mother of Elizabeth Barrott, aged
thirty-three, who resided with her, and kept a school at
Saltash, in ie county of Devon, and, the action was brought
against the defendant, a Mr. Oliver, who also resided in
Saltash, for the seduction of the daughter, thereby
depriving plaintiff of the benefit of her services.
The case was tried at the Devonshire assizes
before Mr. Justice Coleridge, and a verdict was returned for
the defendant. According to the evidence adduced on the
trial, Elizabeth Barrott was residing with her mother in
Saltash, and opened a school in order to assist her mother in
maintaining the family. At this time the defendant was in
the habit of visiting them three or four times a week. This
ended in the pregnancy of plaintiff's daughter; and
when she informed the defendant of her condition
he gave her money to purchase drugs to procure
abortion, and on several occasions she took turpentine,
muriate of iron (tincture of steel), and savin, but they all
failed. She received 30s. in all before the birth of the child,
and 4s. afterwards. When it was publicly known she was
with child, the defendant gave up his visits, and refused,
when applied to, to do her pecuniary justice for the injury
done. Her pupils also left her; hence the action was insti-
tuted by the mother to obtain compensation.
It was endeavoured by cross-examination to show that
the daughter of plaintiff had had connexion with another
person of the name of Lander, and that she was not at the
time in the service of the mother, but that the latter was
only residing with the daughter for a short time, and that
the latter was perfectly independent of the former, having
entire control over her own earnings.
Mr. CROWDER applied for the rule on a former day, on the
ground of misdirection and that the evidence addued on the
trial did not warrant the conclusion that the daughter was
the servant of the mother at the time.
Mr. MOTAGUE SMITH was heard this morning against the
rule, showing that the mother was residing with the daugh-
ter before the seduction up to within a month of the
confinement of her daughter, and then only going for a
short time to Plymouth, leaving her daughter in charge of
her brother. The Learned Gentleman cited several parallel
cases, in which it was ruled that there was proof of service.
In the present case the daughter was in service when the
mother sent for her home ; that when there she opened a
school, being then under the jurisdiction and control of the
mother, and that therefore the latter was fairly entitled to
compensation for the injury done by the loss of service.
Mr. CROWDER replied at length, contending that there
was no satisfactory proof of service—that the daughter, with
her brother, who kept a boys' school, kept a house jointly,
and paid rent, with which the mother had nothing to do—
that the daughter bad entire control over her own earn-
ings, the mother being more in the character of servant than
otherwise—that she bad sufficiently an ived at the period of
discretion, at least if years were any test of that—and that
any incontinence on her part with the old gentleman in
question, though its effects might become fit subject of pro-
ceedings in the Ecclesiastical Courts, did not warrant the
mother to compensation at common law. With regard to de-
bauching the plaintiff's daughter, there could not have been
many seductive wiles employed, as it appeared from her evi-
dence she consented to connexion when asked to do so, and that
the defendant was in the habit of entering her bed-room by
a ladder at night, and that she was in the habit of returning
the compliment by the aid of a ladder. Whether she
fixed the ladder or not did not appear. He concluded by
asking the Court to make the rule absolute.

The COURT said that the practice of the law had always
been to admit proof of service in actions for seduction, even
when the evidence was not of the most conclusive character.
In the present case their Lordships were of opinion, looking
to precedents, that service had been made out, and by in-
ference they must also conclude, there being no evidence,
that there was loss of service. They, therefore, considered
the jury were justified in coming to the verdict they did on
the evidence adduced on the trial.
The rule was accordingly discharged.

COURT OF EXCHEQUER, June 20.
(Sittings at Nisi Prius before the Loan CHIEF BARON and
Special Juries.)
THR ATTORREY-GENERAL V. SCHULTZ.
This was an information filed by the Attorney-General to
recover penalties for a breach of the Customs-laws. It ap-
peared that certain parties had purchased twelve hogsheads
of brandy in bond fur the ostensible purpose of exporting
them to Valparaiso, by the Rosalind, but, instead of having
them conveyed on board that vessel, empty hogsheads were
sent on board, and the twelve bonded hogsheads were con-
veyed to Hungerford market, and from thence to Mark-lane,
to a wine-cooper's, where they were tasted and bottled off,
and disposed of according to the orders of one of the principal
parties concerned. It was now alleged against the present
defendant that in his capacity as an officer in the Customs
he had facilitated and connived at the completion of the
fraud, and that he was to have received a sum of money out
of the profits proportioned to the share tee had taken in the
transaction.
Mr. Chambers, with whom was Mr. Pigott,
was about to
stopped by
The LORD CHIEF BARON, who
address the jury for the defendant,
said that when he
suflicient evidence to go before the jury
to connect
twae
fendant with the alleged fraud. rew
theas den -t
Mr. Jervis then withdrew the

EFFECTS OF THE WEATIIER.— are informedWe that
the heat has seriously interfered with the working of many collieries
in this neighbourhood ; the managers have found it very diffiCal,
and even impossible, to maintain a proper state of vermillion, yen.
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mines ti,ll the pits' mold ii, tile 1, a, ii.,,, ~ ,i,ii
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RICHMOND PETTY SESSIONS.

CAUTION TO STEAMBOAT CAPTAINS.—On Saturday,
Thomas Green, the captain of the Echo, Richmond
steamboat, appeared before tilt- bench, of which R. Gar-
rick, Esq„ was chairman, to answer a summons laid un-
der the 67th section of the Waterman's Act, charging
him with the avoidance of a fare.

The complaint was made by Mr. W. Blake, a gentle-
man, residing at No. 3, Ailsa-park villas, Twickenham.
He stated that on Monday last, a few minutes before
twelve o'clock at noon, he saw the Echo steam-boat
alongside the pier. When compla'nant got there, he
found there was no possibility of going on board from
the pier, in consequence of the place for going on board
not being on a level with the boat, which had not ar-
rived a minute. Some man afterwards placed a board
in a nearly perpendicular position, so that they could
not step on board. He asked them to move the plank ;
they did so, but did not alter the position of the vessel,
and the result was that lie could not step on board, and
the captain (the defendant;, wade a signal, and the
boat went off without him.

The complainant had no witness to support his state-
ment, and the defendant called as his witness,
Timothy Rigby, a waterman, who stated that on Mon-
day last the complainant and a lady came to the pier
and attempted to go on board the Echo steam-boat.
There was a plank from the pier to the boat, and the
lady had got half way with a person on each side to as-
sist her, and the money-taker holding out his hand
from the boat to receive her, when by the desire of the
complainant She turned back. The boat which was be-
hind its time of starting, was already out in the stream.
and could not hare moved nearer shore without injuring
other boats. A lady had previously gone over the same
plank, which rested one end on the pier, and the other
on the rail of the steam-boat.

Richard Hancock, the money-taker on the Echo, cor-
roborated the major part of the preceding evidence, and
proved in addition, that three ladies came on board
without any inconvenience, but the complainant refused
and said, " That way may do for you, but it won't for
m e."

Mr. Hancock, the part owner of the Echo, said the
inclination of the plank was but the quarter of a foot in
ten. He was about to explain how difficult it would
have been for the boat to have come alongside, when
The CHAIRMAN stopped him, and said they could per-
mit none other than a professional gentleman to offer
any remarks. The bench were of opinion that the case
of avoidance was made out, and they should fine the
defendant 205., including costs.
The fine was paid.

POLICE INTELLIGENCE.
BO W-STREET.

CASE OF MRS. BLEWITT.—Mrs. Blewitt, for the man-
slaughter of whose husband a youth named Graham
was acquitted on Thursday last at the Central Criminal
Court, waited upon Mr. Henry to explain that she was
directed by the coroner to be present at the trial, in
case her evidence should be required, and she could not
attend during the week at this Court to hear the result
of the inquiries his Worship ordered the usher to make
respecting her character and habits before and since the
death of her husband.
Mr. HENRY regretted that the result had proved any-
thing but satisfactory ; and in addition to other matters,
he was given to understand that she had not only not
lived on happy terms with her husband, but when on
his dying bed at the hospital, he refused to allow her
near him.
Mrs. Blewitt replied that when first he was removed
to the hospital, he asked for her, as the constable could
inform the Court.
Mr. HENRY—There are other matters, to which I
would feel reluctant to refer, but the inquiry is of your
own seeking, and therefore I am bound to ask you
if you are acquainted with a man of the name of Dunn,
who was cook on board the Tory, in which vessel you
came home from China? Mrs. Blewitt—Yes, I did know
him, and all the ship's crew.
Mr. HENRY—I understand 3ou were in the habit of
visiting him in Tothill-fields prison? Mrs. Blewitt—l
had to be grateful, as he and the crew were the means
of saving my life from the violence of Captain Johnstone,
but I don't think that I have been well treated by the
public, from whom I consider myself entitled to relief.
Mr. HENRY—No doubt you would have obtained re-
lief had you been a well-conducted person; but it is my
duty to prevent the public from being imposed upon,and
as you persist in pressing me for an explanation, I am
obliged to tell you that I have received information from
several quarters that you have lived in adultery with the
man Dunn, and also that you have appeared in a cha-
racter not very creditable to you at this and other
police-courts. Mrs. Blewitt—Had I known that such a
scrutiny would be made into my private affairs, I would
net have come forward to seat relief. What's to be-
come of my little daughter, who is only eight years of
agL?

—Mr. HENRY—I do not think you ought to have the
management of a child so very young. I have no objec-
tion that the Si. which has been received from some hu-
mane person shall be applied to the benefit of your child.
Mrs. Blewitt expressed a wish that the child might be
placed at the charity school in Somers-town, in prefe-
rence to any other.
Mr. HENRY replied, that inquiries should be made
respecting that establishment, and, should any further
subscriptions be sent to the magistrates of this court,
they should be applied to the benefit of the child.
Mrs. Blewitt, finding that the magistrate was deter-
mined not to hand her over any portion of the 51., be-
came very much excited, and said that any person who
had been instrumental in preventing the public from
assisting her by contributions would have a widow's
curse, and before they died would be served out by the
Lord for such a proceeding. If she had addicted herself
to drinking, or had conducted herself in a worse manner,
it was entirely owing to the harsh treatment she had ex-
perienced from her husband.
Mr. HENRY repeated that he was sorry the inquiry had
been forced upon him.