The Sun.
London, England, 1856-01-15 00:00:00

THE SCARBRO' HOTEL, LEEDS,

CLOSE TO THE MIDLAND RAILWAY STATION.
JB. FLEISCHMANN, having renewed the
• Lease, and considerably enlarged his Hotel, in soliciting
future favours and gratefully acknowledging the distinguisly.d
patronage he has the honour to possess, begs 0 announce that, in
addition to his Family and Coffee-room business. he has opened a
SECOND-CL ISA COFFEE-ROOM, the charges lu which depart.
ment will be strictly commercial.

LA (V INTELLIGENC Fs.—Jan,. 14.

BAIL COURT.

(Sittings at Nisi Prius.—Before Mr. Justice Edo and
Common Juries.),
'STOTVAfD V. ALDRIDGE.--CRIlf. corr.
This was an action brought by the plaint:if, formerly
a surgeon at Hull, against the defendant, who had ac
qnired considerable reputation as an actor, under the
name of the African Ro'cius, to recover compensation in
damages for an-alleged criminal conversation with the
Plaintiff's wife. The defendant pleaded not guilty, and
leave and licence.

Mr. E. James and Mr. P. Thompson appeared for the
plaintiff, and Mr. Sergeant Wilkins for the defendant.
The statement on behalf of the plaintiff was, that in
1849 he was carrying on the profession of surgeoe den-
ist, but had, in the .same year, taken a fancy for the
stage. He went to Liverpool, and there became ac-
quainted with the defendant, who was a person of colour,
and who was then "starring" under the name of the African
Roscius. This person offered to teach the plaintiff
the profession for a sum of 50/. The plaintiff raised this
slim upon a reversion to which he was entitled, and
handed it over to the defendant. Shortly after this, the
plaintiff, then only 18 years( of age, was induced is marry
a young girl who lived at 22, Todd's-place, New-road,
where they were then lodging. This occurred on the
15th of August, 1849, the defendant being present at
the wedding, and giving the girl away. The plaintiff and
his wife were then sent to Wales by the defendant, and
they lived together there for some months, until the
plaintiff found that be could not afford to take his wife
the different circuits, and he then sent her to her mother
atTuubridge,Wells, and it was during this separation
'that the defendant had taken advantage of the opPortn;
nity, and had seducred the plaintiff's wife. lie had then
gone to Germany, and whilst there had written the fol-
lowing letter to Mrs. Stnthard relative to her pregnancy:
•‘ My dear Emma,—Your letter has just now reached
me, and I am very much surprised at its contents. You
may be mistaken. You say 'William (the plaintiff) has
been with you, and is it not likely that his visits have
occasioned this mischief ? However, write me particulars
immediately—tell me everything—what you intend
doing, and where you mean to go, and I will make a re-
mittance. Has Mrs. A. questioned you in connection
with me ? If so, what passed ? How is your aunt ? Where
is William ? What brought him to town ?—Yours
sin-
cerely, "TEA."
After the confinement of the plaintiff's wife, he wrote
another letter, of which the following is a copy:—
" Dear Madam,—Yon would not have been neglected,
but I had some communications made to me of most
imprudent conduct on your part, which has very much
annoyed me, and caused me not to address you again.
Ido so now, however, and if you give me the assur-
ance that the child is 'of colour,' and that the father
is the person you name—you understand me—both you
and your child shall not be neglected. Is it a boy or
girl ? Write by return, enclosing tbeliatne in the
envelope I send you. Seal mine up, and then di-
rect it to me. Do not pay the postage. Tell me, (Ines
your mother know Rhone child it is, and is she unkind
to you ? Did your aunt leave you anything ?—Yours
faithfully, " IRA."
It would be proved that the child was " of colour,"
and bad since died.

The marriage having been proved, evidence was ad
duce(' to show that the defendant was a man of colour,
and had acted under the name of the African Roscius.
He played both tragedy and comedy well.
Mrs. Ingleden said she was the mother of the plain-
tiff's wife, who was now 30 years of age. She had ob-
jecte Ito the marriage. In about seven or eight
months after the marriage her daughter returned to
her. Her daughter, previous to the marriage, had
been residing with her aunt in London. The plaintiff
had first seen his wife there when he was lodging
there with the defendant. On her sister dying, witness
went to London, and found that her daughter had been
confined of a coloured boy. The child died when it
was two months old. Her daughter came to live with
her after the marriage, as the plaintiff could not afford
to keep her. Her daughter took in needle-work to get
her living. She was now staying with her.
Cross-examined—Her daughter had only two children,
the first of which was by her husband, and the second
was the coloured child. Her daughter had never coin
plained of the treatment of her husband. She upbraided
him for neglecting her, but be had said that he bad
written her letters, which she had not received. Wit-
ness was in indigent circumstances. Her daughter had
been confined of her first child in the Lying-iu Hospital.
She did not know where her husband was at the time.
He wrote to her daughter whilst she was at the hospital,
saying that his aunt wished to know whether they were
married, and he told her to say they were not married if
any inquiries were made.
Re examined—The plaintiff told her daughter, when
she co►rmplained of his neglecting her, that lie earned so
little that he could not send Iv q. any money.
Susannah Burgess—ln 1853 Mrs. Stothard came to
live at her house, and was there confined of a coloured
child. She had spoken to the defendant about it, and
said that he was the father. He asked her why she
thought he was the father, and she replied, because it
was so like him, and was black like he was. Mrs.
Stothard told her that the defendant would rely ter.

The defendant did promise to pay her, and sent hwer
which he said he gave her for herself and family, and not
on " Emma's" account. The child was born on the 15th
March, 1853.
Mrs. Matthews said she had the child to nurse, and
that it was a coloured child. It died whil,,t it was with
her, and Mrs Stothard went to the funeral.
Mr. Smelly, a Burgeon in Judd-place, New-road,
said the child had been brought to his house. It had
died from dysentery, and he had certified the cause of
death. The child was coloured ar,d had woolly hair.
Mr. Dillon, a theatrical agent, had made repeated en-
gagements for the defendant. The defendant was now
in Cork.

Mr. Norman said he wart an actor at the Surrey
Theatre. He knew the plaintiff, who was acting with
him at the Union Theatre, Liverpool, where ho went
by the name of Stewa►t for nearly 12 ►uonths. The
plaintiff earned about a guinea per work. Ile played
" utility" parts in anything. He was a little, fair man,
about 22.

This being the plaintiff's case,
Mr. Sergeant Wilkins then contended that there was
no proof that the parties in question were the parties
who were married.
Mr. Justice Erle said in his opinion there was suffi-
cient evidence to go to the jury. .
Mr. James, in summing up the plaintiff's evidence,
said the defendant had added insult to injury in placing
the plea of leave and licence upon the record, which
plee, however, 'was not attempted to be proved on the
part of the defendant. The plaintiff's livelihood was a
most precarious one, and the defendant had taken ad-
vantage of this to seduce his wife. It was to he urged
in favour of the plaintiff that he bad not dragged his
wife about with him to share his misery, but bad sent
her where be thought she would be safe ; and she
would have been safe if it bad not been for the arts of
the defendant. There was no doubt but that the de-
fendant had intercepted the letters which the plaintiff
had written. to his wife, and (Erected to Judd's-place.
defendant, who had given the girl away at thaltar*
to the plaintiff, in whom the plaintiff, therefore, had
every confidence, had poured the poison of jealousy
into her ear, and seduced her affection from her husband.
The jury returned a verdict for the plaintiff. Damages
40e.