The Sun.
London, England, 1856-02-22 00:00:00

BEALE V. WHIFFEN.-CRIM. CON.

This was a writ of inquiry to assess the damages in an
action brought in the Court of C 'mown Pleas, to recover
compensation from the defendant for the seduction by
him of the plaintiff'4 wife, The damages were laid in
the declaration at 10,0,30/. The defendant had suffered
wror thereby a.lrnuiplailcipo the

plaintiff's; wife.
Mr. Forsyth app,ared for the plaintiff ; Mr. Kerslake
and Mr. Morgan Lloyd for the defendant.
The learned counsel for the plaintiff, in opening the
case, said that the peenliar form in which it came be-
fore the Court—that of a writ of inquiry—relieved
him from the duty of adducing evidence of the fart
of the wife of the plaintiff having committe' adul-
tery with the defendant, such being admitted by the
defendant not pleading to the action, and therefore de-
tails of a painful nature to the parties concerned, and
scarcely fit to be made public, would not have to be
gone into. The only object the plaint ff had was to ob-
tain such fair and reasonable damages as a jury should
think him entitled to; and he (the learned counsel) should
only adduce such evidence as would show the terms
on which the plaintiff and his- wife lived formerly, and
go lightly over the case. avoiding anything WHO') inight
he offensive to decen...y. The plaintiff, Mr. J rho Samuel
Beale, was a surgeon practising in London in the neigh-
bourhood of Paddineten, and the defendant was in 'Reins
capacity in the servic 3 of the London and North Wes.e.7a
Railway Company. In the course of bit; jr ;fessional
practice the plaintiff became acquainted with tie defend-
ant, that acquaintance subsequently became an intimate
one, and eventually the defendant rook advantage of it,
and seduced his wife. The plaintiff was not aware until
November last of the di,h-nour which had been cast
upon him by his supposed friend ; he discovered it in
that thorth, bit previeus;v he lia,l not had the s:ightest
reason to suspect his wife': fidelity. They had beets
married about three years ; he was a man of an affection-
ate disposition, and they had lived well together. There
were degrees of damage sustained in such cases accord-
ing to the peculiar circumstances by which they were
en! rmr.ded, but in this no eircum twice of any kind dis-
paraging to the plaintiff could be adduced a,,ainst him,
and the jury no doubt would give him ample damages for
tho injury which had been done to him by the defendant.
The defendant's counsel said his client had not re-
sisted the action, and he Baas jistruct,el to offer at once
to consent to a verdict being given for the plaintiff for
1001. The defendant was but a clerk at a salary of
something like 1301. a-year, so, of course, it would be
utterly impossible for him to pay any large amount of
damages. He admitted the adulter), and bad nothing
to say in mitigation of his conduct, but his position was
such that rendered it impossible for him to pay but a
moderate sum as damages, and a verdict for anything
beyo o
beyond that
a woulditsthe
utmost bring
imcotuoldrpt.. He therefore
offered
This was consented to on the other aide, and, accord•
ingly, a verdict was taken for 1001.
The learned Under-Sheriff observed to the jury that
verdicts by consent in action. for crim. con. were " mo.
dern inventions." There used to be nothing of the Bolt
when he first presided there.

ATTEMPTND ,SUICIDE BY LIVERPOOL
MERCHANT.

this forenoon,
Tthyurtandeaya.
—nnTouhnecenmeiegnhtb tehuarth neighbourhood ofof thethe
Exchange was thrown into the greatest consternation
merchants of this port had made an attempt upon Lis
life in the Exchange News-room.
Upon inquiry, found it was that the report was too
well founded, and that
the person who committed the
rash act was Mr. William Tatham, of the firm of
Messrs. Hill, Tatham, and Co., brokers, Lancaster-
buildings. It appears that the unfortunate gentleman
went into the water-closet, under the bar of the news-
room about half-past ten o'clock this morning, and
shortly afterwards one of the porters going for coals
saw blood issuing under the door of the closet. He e
tried
the
the door, but found it fast. He thereupon gav
alarm, and Me. Warburton, the master of the room, at
once broke open the door, when to his horror he dis-
covered the unfortunate man sitting on the seat with his
throat cut. He was riot dead, and medical gentlemen
were at once called in. He was kept in a vault under
the news-room all day, being too weak to be removed.
Upon examination it was found that the wounds were
inflicted by a razor, one toeing found on the floor and
another in a case on the scat of the clet. At. preSent
hour (four p.m.) lie lies in a very precarious state, and
no hopes are entertained of his recovery.
The melancholy event is said to have been caused by
heavy losses, the firm with which he was connected sill-
fcring severely by the failure of.an extensive soap-boil-
; ing house here,
which suspended, Payment yesterday,
and also by a Bristol house in the African trade, which
( also stopped pa3ment yen'erday. He is a
young man,
most respectably connected, and has only been married
a few months. Unbounded sympathy was expressed
) for the unfortunate young man on 'Change,
and a very
perceptible gloom overhung the countenances of
every one.

- , ,
NORTHERN AND EASTERN BAILWAY.—At the neat-
yearly meeting of this company, held yesterday at the
Bishopsgatc-station, Mr. Paterson in the chair, the usual
dividends, at the rate of 5 per cent and 6 per cent. per
annuiri on the guaranteed shares; were declared fcr the
.halt-yor Wing, the 31st. of Deoember,lfiet.

THEATRE ROYAL, COVENT-GARDEN.
Lessee, Mr. J. Ff. Anderson.
Tars EVENING

THE BOHEMIAN GIRL.

To be follow et by
WHAT DO YOU WANT?

To conclude with
L'ECO3SAI3 FRETILLINT.

THEATRE ROYAL, DRITRY-LANE.
Lessee, Mr. E. T. Suetla.
THIS EVENING.
THE GREAT GUN TRICK.
After which,
LITTLE TODDLEKINS.

To chlu‘le with

RE.'Y DIDDLE DIDDLE; or, harlequin King N'onsanse and the
Seven .igei of Man.

THEATRE ROYAL, HAYMARKET.
In hr the Mansaement Buckstotte.
THIS EVENING.
THE BUSY BODY.

Followed by
THE LITTLE TREATTRE.
After which tho New Comic Christmas Pantomime, entitled
THE BUTTERFLVA nst.r. AND THE GRASSHOPPER'S
FEAST; or, Llorlerinin and the Genius of the Spring'.

ROYAL. Pittnt:lggcti4 rENATItE, OI?Ortn-STREET.
Under the Management of &fr. CsAux. fix.
EVENING,

KING HENRY ME EIGTITIT.
Qneen Katharine, Mrs. C. Kean; Cardinal Wolsey, Mr. C. Kean.

After vrlitcll,

HARLEQUIN AND TFIP: MUD AND TIIE MAGPIE ; or, the
Fairy Paradisa and Han'cy Panky, the Enchanter.

Ilitr!again, Mr. Coraoack Clown, Mr. Huila(' ; Pantaloon, Mr
Pare° ; and Colarnhine, Miss Caroline Adam.

VIZATUE ROYAL ADELPHT.

Proprietor, Mr. E. Webster.—Directress, Madame Celeste.

THIS !MEWING.
BETSY BAKER.
To be followed by
THAT BLESSED BABY.

To conclude with

JACK AND THE BF;k STALK; or, harlequin sad Mother

Goose at Home Again.
in which Messrs. .11 Bland, P. Bedford, Madam Coleek, Wad
Wyndham, and Miss E. Ardea will appear.

ROYAL OLYMTIC THEATRE.
Lessee and Mans7,er. Mr. AltYed Wigan.
THIS EVENING.
STAY AT HOME.

After which will be produced a New and denbly-moral. though
excessively old, Melodramatic F'atry Extravaganza, entitled
THE DISCREET PRI.VCEgii; 0., the Three Glass Distaffs.
in which Messrs. Emery, F. Robson, 11. Cooper, Miss Marstoa,
amt Mtss Ntaskett will appear.

ROTLL SMIREY THEATRE.

Lessees, Messrs. Shepherd and Creswlck.
THIS EVENING

JASPER LANGTON; or, A Duel to the Death.

To conclude with
A PRINCE OF PT.Artr,i; or, tiarlepln and ;sue Shore.

ARTLEY'S ROYAL AMPHITHEATRE.
Lessee and Mina:er, Mr. Wm. Cooke.

TUB EVENING,
First time, a Grand Oriental Equestrian Spectacle, called THE
ARAB OF THE DESERT AND RN FAITHFUL STEED. The
principal character by Mr. W. Co)ke, jun.
After which the SCENES in the CIRCLE and the performance of
the Stupendous Elephants, one of which ascends uncontrolled upon a
narrow inclined plane !real the centre of the ring to an elevation 12
feet shove the stage.
To conclude with HARLEQUIN AND ST. GEORGE AND THE
DRAGON.

Box-office open from Eleven tat Fear. Stage Manager, Mr. 'W.
West. Equestrian D!rc.:►.or. SP. QV. Cook.r. ;an.

NiltA ST INTLF.IIC3 SILVZI AGES OF W3IIAN,

Every Evening, at S. and on Saturdays at 3.

pronounced by the unanirnoui rotoe of the press, and by nithtly
'stressing audiences, to be the Greate4t Artistical Triumph of the
day.

SAINT MARTIN'S HALL, Long-acre.
Area, Is. Reserved Chairs, 2s. ed.

HIGH WATER. AT LONDON BRIDGE.
TRU; DAY—Morn. 10 min. aft. 3—Evening 24 min. aft. 3
To-Moßnow—Morn. 37 min. aft. 3—Evening 52 min. aft. 3

THE WEATHER.—Son OFFICE, FEB. 22.
THERMOHETER, IN THE SHADE.

40 highest since noon yesterdsy.
:it; --towest this morning and dux' ng the night.
43 -this day at noon.

BAROMETER, 30'05.
WIND, N.W. to W.N.W. Light,owith hazy weather
and glimpses of sunshine.

r-e
Atvit, t crt:„. ,
• An/
-

LINDoN. pßro

There is, it appears, to be a further inquiry
into the matter adverted to in the elaborate Report
of Sir JOHN WISTFUL and Colonel TULLOCH, her
MAJESTY'S Commissioners appointed to inquire
into the State of tho Army in the Crimea. A
Board of General Officers has been appointed "to
hear the explanations of the officers who conceive
themselves aggrieved: by that Report." This i 3
certainly a peculiarly mild form of expression in
reference to meu against whom the gravest
charges have been preferred—who are asserted to
b. pri narily responsible for the loss of ten
thousand British soldiers, for the fearful sufferings
and privations encountered by those who had
stamina sufficient to end ire the formidable ordeals
through which they were compelled to pass, and
for the virtual annihilation of the English Cavalry
in the Crimea ! Nor do these accusations rest
on the evidence merely of newspaper correspon-
dents. They have been corroborated by the
evidence taken before the Sebastopol Committee,
by the Report of that Committee, and even more
powerfully by that of the Royal Commissioners,
who from evidence taken on the very scene of
these terrible disasters, arrived at the deliberate
conclusion that not only was everything which had
been asserted by the vituperated correspondents
fully and completely established, but that the guilt
of the offenders, whether occasioned by incapa-
city or negligence, was of a far more heinous
character than had previously been imputed.

If ever a case was made out for putting incul-
pated parties on their trial, it has been against
the noble, honourable, and decorated defenders.
True bills have been found by competent authori-
ties, and it is time that the alleged culprits
should be required to enter on their defence, not
invited to offer explanations. The, lives of ten
thousand men cannot he sacrificed with impunity.
The irreparable injury to the nation is not to be
satisfied by explanations. If Captain BROWN,
Lieutenant Jo/gas, or Ensign ROBINSON were im-
pugned, a court-martial would at once be ordered,
and the parties kept in arrest until the result
were known. We cannot see any reason why a
different course should be alopted with respect to
Generals and Colonels, or why a differeat mea-
sure of justice should be meted to the Earls of
LucAN and CARDIGAN, Sir R. AIREY, and the
HOD. Colonel GORDON.

We do not wish to prejudge the guilt or inno-
cence of the accused. Every British citizen has
an inalienable rightto he heard in his own defence
before he can be condemned. It is his birthright,
of which he should not, under any circumstances,
be deprived. But we desire that the trial should
be public, and before a tribunal in which implicit
confidence may be reposed. This was what we
demanded ten days since, and with nothing less
will the people be contented.
A public investigation is alike due to the com-
munity and to the parties aectised. Englishmen
like not secret tribunals, nor will they be satisfied
while any portion of the proceedings are in-
volved in doubt and mystery. Against the
decision of a private court the accused may
still appeal to the opinions of their countrymen.
No conviction by such a body can therefore be
final and conclusive. The result will be still less
satisfactory if the Itenerts of the Sebastopol Coin-
mato° and the Royal Commissioners be over.
11104. Then cannot, linder. at? circumstances,