The Sun.
London, England, 1848-12-02 00:00:00

Wbition

QUEEN'S BENCH.-(THIS DAY.)
(Before Lord Chief Justice DE;oIAN and a Common

Jury.);
CRIM CON.— GADSBY V. ESTALL.
This was an action brought by the plaintiff, Mr.
William Gadsby, a commercial traveller, to recover
from the deiendant, Mr. Edward Austin Estall,
a builder at Islington, to recover compensation in da-
rnagee for alleged criminal conversation with his wile.
The case was tried in this court in June last year, when
a verdict was found for the defendant. Subsequently a
rule for a new trial was granted on affidavit. The case
came ou for trial at the sitting of the Court.
Sir FREDERICK TUESIGER opened the case, and de-
tailed the case as set forth in the subjoined evidence.
The first witness called was Mr. 'Thomas Bilby, the
vestry clerk of St. Mary, Islington. He produced the
register of the marriage of the plaintiff to Miss Eleombe
by license on the 2d of December, 1840.
Margaret Smith examined by Mr. W neTELEY—Lived
at 22, Falcon-square. Knows Mr. W. Gadsby. Lived
in his service for two months at his house in Elcombe-
terrace, New North-road. He was a com-
mercial traveller. Was in his service about
two years ago. There was another servant
named Margaret Davidson. Mr. Gadsby's busi-
ness took him to the City at nine in the morning. He
usually returned at about eight. Mr. Estall used often
to come in the afternoon when the plaintiff was from
home. Knew him to call but once when the plaintiff
Was at home. That was on a Christmas morning.
The defendant usnslly stepped about au hour. He
sometirnes went away at five o'clock. He ger.erally
Came in at four or halt past four. Remarked the plain-
titicorning hone unexpectedly one evening at, five. The
defendant wae there. The defendant usually came in
by the side door. The plaintiff came in by that
door on tit, occasion to whim she referred. The defend-
trit was let out by another door by her fellow-servant.
The plaintiff came straight into the kitchen. The de•
fenlant was very much flurried, but they did nut see.
each other. I nad herd Mrs. Gadsby romping with
the defendant. Had often heard them kissing each
other. The defendstit was usonlly taken into the
Parlour. Ile had a great aye lesion to her (the
Witness) coining into the room when he was there.
nad seen tee eleueerreo:ype produced (a likeness of the
defendant) iii Mrs. Ciedshy'e possession, and had seen
her hies it frequently. Sue carried it in her bosom.
When the dett udant left noticed Mrs. Gacisby's dress
was much distigured—her cap and collar for
instance. Whilst in the plaintiff's service he was
Very kind to his wife and three et ildren. Heard the de
fendant kiss Mrs. Gesfsby on one occasion, and one of
the cluldren (Frances) observed, "It you hare kissed
mamma, will you kiss Eleanor?" The child was tot
allowed to come up again. The children were kept in
the kitchen after taut.
Cross examined by Sergeant SBEE—Mr. Gadsby lived
nextdoot to his wife's father in-law, weo kept a public-
house called the North Pole. Mr. Estall lived in
a house bete cell that of her father and Mr.
Gadsby. Mr. Estall was married, and had several
childrn—te youngw4 being about three. The de-
fendant was a builder. Did not know that he was ear--
Ploy-eel by Mr. Elcombe to repair some of his houses.
Mrs. Gadsby went usually to her father's every
evening. She usually- came back to meet her hue-
hand, who generally went into the public house
With her. The defendant used to go to the
North Pole in the evening. 'The defendant's little
b"Y used to come after to play with the plain:ill's chil-
dren. Mrs. Gadsbv hail a miniature of her husband—it
was, she believed, in a leather cave. Had seen it in one
of the drawers. Gave Mrs. Gadsby notice that she
wished to leave in consequence of her conduct ;
because living with her, was like " living in a
housek of ill-tame." Her boxes were searched
by
Mrs. Gadsby before she lest. Mrs. Gadsby said
that she had done so merely for the purpose
Of giving her trouble, not because she believed she had
any of her proper•y. She gave her a character, but not
Without much delay. Mr. Este!' was usually dressed hke
tgentlereen when he came in. On one occasion when
Inr-Gadstay was in bed else saw the defendant at 10 o'clock
at night go up the kitchen stairs to Mrs. Gadsby, who was
14 the parlour. She heard romeing afterwards. Thought
mistress had brought some one in to t4lee the carpet up.
le BY a. juryman—Mrs. Gadsby often directed her to
ave the side gate open in order that she might
come in without ringing. She had some words with
Gadsby before she left. She said she should go
to Mr. Gadsby, in the City, and tell him that Mr. Esteel
t'atne into the house and tilled his place. She replied
if_ha did not care if he knew that he cattle in once a-day;
o,.ut she did not wish him to know that he came in so
Whe t the plaintiff was not at home. the ilefees
want
was let out by Mrs. Gadsby at the trent
door, w
hen he came in and went away.
e always heard kissing when Mrs. Gadsby let him in
at the front door, and closed it. She heard kissing be-
'ere they went into the parlour. Did not tell Mr.
Gadsby, nor any of Mrs. Gadsby's family what she
121...,"v• It was anuntaithful office.
15,Y the jury—The plaintiff went to bed ()a the night in
Question because he had a cold. He was not in liquor.
ll® yeas in the habit of going to bed first. The chil-
dren were often up late, as they had to be taken up, or
they would be alone in the dark.
Margaret Davidson was next examined—She said she
.-aent"eel the service of the plaintiff at nursemaid in
-eehrusry, 1846. They had two children, the eldest •
W"8 feur. The plaintiff and his wife lived happily to-
gether. The defendant came to reside next door to the
Pl*tatiff about two months from the time she entered the
service. He commenced visiting about six weeks
after. Her attention was first attracted to the
ban duct of the two by the defendant shaking
de with Mrs. Gadsby at the gate. Her
mist with
was confined on the sth of September,
1,e8,6- Had not seen the defendant more than twice
st„ore”that. On the Tuesday following heard the foot-
step of a man on the stair. It was about seven in the
nelvie:rtlira The person went into the room where her
was in bed. A nurse named Parker was
remained-
her mistress. Did not know how long he
i:zh o
tr, three
w h
naained- The plaintiff was then on a journey.
days atter her mistress sent her to the de-
fendant, was stealing on the opposite side of the
street, to invite him to come and see her. When he saw
her he came over to the gate. Mrs. Gadsby was lying
outside the bed dressed. :ehowed the defendant up to
the room. The nurse, and Caroline the second child,
were present. Mrs. Gadsby told her to put
Caroline to bed. Did so, and the nurse,
she believed, left also, when she introduced
Mr. Estall. Mrs. Gadsby drew an armchair close
to the bed, and told him to sit down. When she
left the room she went into the next, where Caroline
slept, and remained there. This occurred about seven
In the evening. A few days after her father's servant
carried her down to the parlour. The defendant carried
her up about eleven at night. The plaintiff was then
away Next day her mistress sent her to Mr. &tall.
Saw his sister; defundatit came in immediately after. He
went up stairs to heir beef loam and carried her down to
the parlour. Ile did not remain. When her mistress
got about she used to sit in the parlour, the blinds of
which were left open. Has seen Mr. Estall pass, and
Mrs. Gadsby tap, when he would come in. Has let
himin. This occurred about half-a-dozen times.
Retrained usually about half-au-hour. When he