The Sun.
London, England, 1851-12-06 00:00:00

LAW INTELLIGENCE.

COURT Of COMMON PLEAS, Dec. 5.
:Sittings at Nisi Prius, at Westminster, before the LORD
CHIEF JUSTICE and Common Juries.)
000DRICK V. SUMMON. _

In this case Mr. Sergeant C. Jones and Mr. Charnock
appeared for the plaintiff, and Mr. Sergeant Wilkins and
Mr. Milward for the defence. _

Mr. Sergeant JONES, in opening the case, said that
the action was brought to recover compensation for a
breach of promise of marriage, the circumstances of
which were more than usually distressing. It would
appear that the plaintiff is a young woman about twenty-
four years old, and who, about April or May, 1850,
lived with the defendant's brother, who is a draper in
Lambeth-road, in the capacity of housekeeper. At this
period the defendant was a shopman in his brother's
establishment, bat had since left that situation, and was
now'in business himself. About July, 1850, she left the
employ of the defendant's brother, and went to reside
with the defendant, who was then living at a private
house in St. George's-road. Previous to this, however,
while living in the service of the defendant's brother,
the defendant paid her much attention, and at length,
under a promise of marriage, succeeded in seducing her.
The result of their intercourse was a child, which was
born on the 14th of July, 1851, and which died three
days after birth.
Several witnesses were called for the plaintiff, and
among them the person at whose house the plaintiff was
living at the time of the birth of the child. Although it
was proved that the defendant had at different times
paid sums of money to the plaintiff or on her account,
none of the witnesses appeared to be able to furnish any
very satisfactory evidence as to the promise of marriage.
At the conclusion of the plaintiff's case Mr. Sergeant
Wriauns, for the defence, submitted to the Court that
there was no case to go to the jury.
His LORDHIP, however, said that he did not feel jus-
tified in stopping the case, although he had seldom heard
a weaker one.
Mr. Sergeant WILKINS then submitted to the jury that
this was merely a speculative action on the part of the
attorney of the plaintiff, who had made the experiment
in order to put costs into his pocket, in case his client
was successful. He should be able to prove that the
plaintiff was a person of such character as to prevent
any man who entertained the least feeling of self-respect
from making her his wife. He would show that she
had offended against chastity with other men besides the
defendant, and had proof of other glaring misconduct on
her part. Moreover, she had signed a document which
he would read. It bore date, " London, August 13,
1851," and was to the following effect:—
"In consideration of sundry sums of money: I have
received, and also what I have this day received, I
hereby exonerate Mingo Slimmon from all further claim,
directly or indirectly. "ANNA GOODRICH."
This, he hoped, would be sufficient to satisfy the jury
that the plaintiff had no just claim, pecuniary or other-
wise, upon the plaintiff.
Samuel George Boyd was then called. He stated,
that at Christmas last he was at the defendant's house
for about a fortnight, assisting him in his business.
Plaintiff was there at the time. He was intimate with
her, and had had intercourse with her while living in
defendant's house. This was in the kitchen. Upon one
occasion about that period she came home in a cab with
some man; she was then in a state of intoxication.
Oa cross-examination the witness admitted that he had
occasionally beilp in the company of some members of
the " swell mob;" conversing and drinking with them,
but denied that he was himself a swell mobaman. He
was also closely cross-examined as to the intercourse he
had had with the plaintiff, to which, however, his replies
were uncertain and unsatisfactory.
It was also proved that the handwriting of the docu-
ment relied on by the defendant was in this witness's
handwriting.
Some other witnesses were also examined on behalf of
the defendant, among whom was his sister, who stated,
in the course of her evidence, that during the pregnancy
of the plaintiff she had several conversations with her
upon the subject of her approaching confinement, and
upon other matters connected with her acquaintance
with the defendant.
At the close of the defendant's ease,
The CHUM JUSTICE observed that the defendant's
case would have been a much better one if he had called
no witnesses, but relied on the efforts of his counsel
alone.

Mr. Sergeant WUAINS—I trust your Lordship does
not impute to me-

The CHIEF JUSTICE—Nothing, brother, but want of
moral courage. You should have followed your own
course without reference to the wishes of your client. It
would have been better for him if you had been per-
mitted to do so.

Mr. Sergeant WILKINS—If a counsel in these days relies
on his own judgment in opposition to that of his instruc-
tors, he is most likely the next day to be held up to pub-
lic execration in the newspapers. As, however, the hint
comes friuo such high autheril, I will for the future in
all cases exercise my own discretion. .

The CHIEF JUSTICE, in summing up, took occasion
to observe that counsel were often found fault with and

condemned somewhat unjustly. :It had, among other
things, been urged that they were in the habit of taking
briefs and neglecting to attend th( it client's cause. Now
it generally happened that briefs were delivered a week
or more previous to a case coming on, when it was im-
possible to say at what particular time counsel's attend-
ance would be required, and if, h i consequence of other
causes being struck out, or for many other reasons,
their duties should happen to cia sh, it was no fault of
theirs.
Tice jury found a verdict for the plaintiff—Damages, 20/.

POLICE INTELLIGENCE.
GUILDII ALL.

William Long, an omnibus conductor, who was placed
at the bar before Alderman Cuei tt on Monday last on
the charge of stealing coat, value 31., the property of
Mr. Marsden, of the Goode and Gridiron, St. Paul's-
Churchyard, was again brought up, and a vlriety of
charges of stealing goods from the London and North-
Western and South-Western Railway stations were pre-
ferred against him.
The orignal charge having been completed by the pro-
duction and identifi3ation of the coat, other charges were
then taken.

From the number of large trunks, portmanteaus,
packages, &c., which had been found at prisoner's lodg-
ings and yesterday produced in court, it appeared that
he had been carrying on a very extensive system of
plunder.
The officer said he had still a number of other charges
against the prisoner.
Alderman CIIBITT said it would be useless to go on
with them on the present occasion, as there were already
five or six complete cases, on which ho intended to re-
mand the prisoner.—Remanded accordingly.
MARLBOROUGH-STREET.

Thomas Commons, a foreigner, was brought before
Mr. Hardwick. charged with having stolen a piece of
silk from the Zollverein department of the Great Exhi.
bition.

The constable said he went in pursuit of the prisoner,
and took him in custody at the Life Guards public•house.
On their way to the building the prisoner dropped a
length of satin, which was afterwards proved to have
been stolen from a trunk.

The prisoner reserved his defence, and was fully corn.
mitted.

THA ME S.

Ann Taylor and Susan Morgan, two well-known
thieves and prostitutes, were brought up before Mr.
Ingham, charged with stealing three M. Bank of Eng-
land notes from Mr. Alexander Brodie, the master and
owner of the ship Woodman, lying in the London Decks.
Police-sergeant Macintosh, No. 9 11, said he had been
unable to trace the notes, and that the prosecutor was
too drunk to appear.
Mr. INGHAM ordered the prisoners to be removed till
the prosecutor was sober, and they were detained till
the afternoon, when they were arraigned in the dock,
and Captain Brodie, the prosecutor, reeled towards the
witness-box.

Inspector White, of the H division, said Capt. Brodie
had been again drinking that morning, and was " half
seas over," and not in a fit state to give evidence. A
large sum of money in gold, of which he would have
been plundered if a woman named Brown had not inter-
fered, was taken from him, and the sergeant had charge
of it.

Mr. IIsiGHAII commented on the disgraceful circum-
stance of the owner and captain of a ship mixing with
such company as he had done, and coming into a court
of justice in the state ho was in. He ordered the pri-
soners to be again removed, and Captain Brodie was led
to a seat in the corner of the court, where he remained
with his head hanging down in a maudlin condition for
another hour, when

Mr. White said the captain was going to sail with his
ehip that night, and there was no chance of his being in
a fit state to give evidence that day.
Mr. INGHAM directed the prisoners to be sent for, and,
after they had entered the dock, addressed them and
said—lt was, perhaps, fortunate for them the captain
was not in a fit state to give evidence, and that his ship
was about to sail. Ile discharged the prisoners, and
said that, considering the company and the neighbour-
hood Captain Brodie was in, he was extremely lucky
that he had not lost his gold as well as his notes.

Captain Brodie, who appeared to have been drinking
very freely, and was in a very disorderd state, said he
knew he was groggy, and was led out of court by the
police, who took charge of him. and said they would re-
store the gold when he became sober.
WANDSWORTH.

Mr. Benjamin Baugh, of No. 21, South Lambeth
New-road, Lambeth, and described on the charge-sheet
as a gentleman, was brought before Mr. Paynter and
placed in the dock charged with so violently assaulting
Charles Cox, aged 14, the son of a gardener, living in
Nile-cottages, Larkhall-lane, Clapham, as to render him
incapable of attending to prefer the charge.
Police-constable Thomas Newman, 250 V, produced
the medical certificate, of which the following is a
copy:--

" Preston-lodge, Larkhall-lane, Dec. 5.
" This is to certify that I have attended Charles Cox,
who is suffering from the effects of a severe kick on the
groin and scrotum, which will confine him to his bed
for some days. There does not appear to be any symp-
toms of rupture consequent upon the injury.
"G. S. NPLAUGHLIN, Surgeon."

The constable stated that about half-past six o'clock
on the previous evening he saw the defendant in South
Lambeth very drunk, and running after several boys,
who, he believed, had been annoying him. The injured
boy, who was coming from a contrary direction, and
had no connexion with the other boys, was assaulted by
the defendant, who kicked him in a most brutal manner
before he (the constable) could interfere. The lad was
carried to his home, and he took the defendant to the
station-house, who there stated that he was a gentleman
of no profession.
Mr. PAYNTER did not call upon the defendant for any
defence, but .said he should require him to find two re-
sponsible bail in 40/. each, and himself in 801.
The mother of the boy was called into court, and,
in answer to a question from the magistrate, said her
son suffered very severely throughout the night. .
The defendant asked the Magistrate if he might speak
to the boy's mother.
Mr. PAYNTER—YOU may do so if you choose, but I
shall go on with the case.
The defendant, after hearing some further evidence,
was then removed to the cells, and had not been bailed
out when the court closed.