The Sun.
London, England, 1851-08-01 00:00:00

9,0 , Fit "DAY EVENING,

Mr. Sergeant WILKiNS (Mr. Altinisty with hirii") ad-
dressed the jury for the plaintiff. Ho said the plaintiff
cane to ask for damages for the greatest injury which
ciao man could do to another, and ho asked that they
should he proportionate to the injury which the plaintiff
had sustained from the profligate conduct of the de-
fendant. If the evidence he was instructed to lay before
them was true, the defendant had aveih d himself of his
acquaintance with the plaintiff to dishonour his house.
The inquiry would claim their serious consideration.
The best interests of society required it. The plaintiff
was a surgeon at Bishopwearinouth, and was the surgeon
to an infirmary, and also to the union, the one at Hilton
and the other at Grindon, three to four miles from his
residence, which caused him to be frequently away from
home, and to be long detained from home. The de-
fendant was also a medical man at the same town, and
lived about 200 yards from the plaintiff. In February,
1844, plaintiff was married to the daughter of a retired
tradesman, being himself then thirty years of age,
and the lady nineteen. For two years they
lived in the greatest happiness, with nothing
toi disturb their mutual confidence. About that
time the lady began to manifest a propensity
for drink, but it did not follow from that the plaintiff's
acquaintance and neighbour was to avail himself of that
failing, in order to ruin her, and bring dishonour on his
friend. If she had since swerved from the path of virtue,
it was after the defendant had made her a ruin and a
wreck; and if the defendant should set up that defence,
it would but, ho thought, enhance the damages to which
the defendant was entitled. Notwithstanding the frailty
of his wife, the plaintiff's conduct to his wife was uni-
formly kind, till the day he was obliged to expel her
from his house. At the end of the second year of their
marriage, the defendant began to pay attention to the
lady, and she used to send him notes when her husband
went out to attend to his duties at the asylum and the
union, and the defendant was then in the habit of coming
and remaining with her, when she used to instruct the
servant to deny her if any ens called. If, upon a due
observance of the marriage contract the happiness of a
man's life depencled he trusted they would by their ver-
dict show that it could not be violated with impunity.
On the subject of the amount of damage he would say
nothing, ho would leave that entirely in their hands.
Mr. John Graham, clerk to Mr. Potts, brother of the
end a solicitor at Sunderland, produced the cer-
tificate of the marriage in 1844.

Cross-examined-11r. Potts, the solicitor, was not
the attorney in this case. He had heard from the
plaintiff that he had got judgment in an action for
criminal conversation against one smith, also a
surgeon, or surgeon's assistant at Sunderland. Ho had
not heard him say his wife had bad any improper in-
timacy with any other person. She left his house in the
early part of this year.
Re-examined—lt was some time after the matter of
the present inquiry took place that that with Smith
took place.
Martha Curry (now married), said she lived with the
plaintiff as servant in 1846, nine months. He and his
wife then lived happily together.
Cross-examined—After she had been there three
months Mrs. Potts, oho observed, was addicted to
drinking.
Re-examined—But the plaintiff still behaved kindly to
her.
Sarah Wood Smith (also now married) said she went
into the plaintiff's service in August, 1847. The plain-
tiff and his wife lived happily—behaved kindly.
Jane Whitfield (also now married) said she went into
the plaintiff's service when the last witness left. She
else said that plaintiff behaved kindly to his wife.
Her master had to be away from home three or four
times a week, three or four miles off, at thp asylum
and the union. The defendant lived only about
three hundred yards from them, and he was
in the habit of coming to their house—mostly in her
master's absence. Witness used to take notes to him
from Mrs. Potts, with instructions to deliver them to
him personally, and he then used to come directly, get-
ting there and being let in by Mrs. Potts at the house
door, by the time witness could get to the kitchen door.
He would sometimes send medicine to Mrs. Potts when
nothing was amiss with her. After witness had been
there about three months she heard one day a " slot" at
the dining-room door, when the defendant and Mrs.
Potts were there, and the plaintiff was away. Next
time the defendant came he went into the dining-room,
and again hearing a suspicious noise, witness took up
some coals, as an excuse for going in. She tried the door
and it was fast.
Re-examined—The defendant's visits were short when
the plaintiff was at home. They were more frequent
when he was away.
Mary Ann Bell said she was the daughter of an auc-
tioneer. In January, 1848, she went into the service of
the plaintiff, and remained there till the May following.
Defendant was a very frequent visitor there; generally
two or three times a week, when her master was from
home. His visits were short when her master was
at home; long when he was not. The errand-
boy use at those times to take notes from Mrs.
Potts to him, and thee he came immediately. Three
weeks before Good Friday, when the plaintiff was out,
he came at one o'clock, and remained till nine. Soon
after plaintiff was gene the boy took him a note,
and ho came immediately. He was alone all the time
with Mrs. Potts. At five o'clock witness heard a noise
in the room in which they were, and she went gently up,
taking the tea-tray with her, and opened the door with-
out noise, and saw the defendant and Mrs. Potts on the
sofa. [The witness here stated circumstances which
admitted no doubt of the guilt of the parties, but which
are unfit for publication. J Witness went out of the
room directly. On Good Friday the plaintiff went to a
funeral. In the afternoon the defendant came and asked
for Mrs. Potts, and she told witness to lei hlm in. She
was then lying on the sofa. In about half an hour her
father came, and witness let him in. He went into the
room where they were and came out again immediately,
and called out aloud to witness, " Why did she let that
rascal into the house?" He was in a great rage,
and while he was storming, the defendant came out of
the room and left the house, and witness never saw him
there afterwards, Up to that time the plaintiff and his
wife appeared to live on very good terms.
Cross-examined—There was a bolt and lock to the
room door. Witness did not tell her master. She did
not like to tell him. She told no one. She west up
when she saw them, because she thought she would go
and see what they were doing. When he called again
a few days after, witness let him in as usual.
Re-examined—She took up the tea-tray because she
had her suspicions. After the defendant was gone, Mrs.
Potts came into the kitcher and quarrelled with her. The
reason she did not tell what she had seen, was because
Mrs. Potts frightened her. She said if she told she
would prosecute her.
That completed the case for the plaintiff.
Mr. K.NOWLES (Mr. Thompson with him) for the de-
fendant, said a most remarkable case it was; he might
ask any man in court if he had ever heard of such a
case? The plaintiff came to ask damages for one of the
greatest injuries that one man could commit against an-
other. In such a ease it was usual to call relations and
friends to prove the terms on which the parties lived
together; none such had been called in this, but only
servants. Damages for the loss of such a woman ?
Why, six months after marriage, and long before the
defendant knew her, she commenced a career of drink-
ing, which always sunk a woman to the lowest depths
of infamy. Did the plaintiff complain of her infi-
delity ? Why, for that her husband had already
obtained a judgement against another party in another
action. Wed might his Learned Friend lay
aside his elo-
quence in such a case, as ho could not possibly claim more
than nominal damages. lie could toll the jury why none
of the proper witnesses were called to prove the plaintiff's
loss; it was because his Learned Friend had prudently
left out every one who could give any information of the
real state of the parties. He could understand why
friends and relatives refused to come into the box. They
could have told whenever the plaintiff had not mentioned
other names as well as Smith's, and whenever, instead
of losing domestic bliss, he had not got rid of domestic
misery. What damages could they give for the loss be
had sustained? But he trusted it would not come to that,
He trusted they would not give a verdict that would
ruin the defendant, a professional man, for life, on the
single testimony of the witness Bell, whose evidence was
utterly incredible.
Mr. Justice WILLIAMS summed up. He said servants
were most likely to know the terms on which a master
and mistress lived. Ho saw no reason to impute perjury
to Bell.
The jury found a-,verdict for the plaintiff—Damages
one shilling.

to be sail pro and con., and we havo ovory confidence
that it will be well and maturely weighed by the Corn-
Timcs.

NAVAL INTELLIGENCE.

TILE NAVY LIST FOR, AUGUST.

The Navy Lilt for August contains the revision and
re-adjuetmeut of the lists of naval officers under the new
scheme of naval retirement. The active list of flag-am.
curs of course comes first, and consist of-
-Ist. Admirals of the fleet, 2; admirals, 21; vice-admi-
rals, 27; rear-admirals, 51. Total, 101.
2d. Then comes the list of flag officers, or reserved
half-pay in receipt of good service pensions—namely,
7 admirals, 1 vice-admiral, and 2 rear-admirals ;
total, 10.
3d. Flag-officers on reserved half•pay; admirals, 2 ;
vice-admirals, 18; rear-admirals, 21; total, 41.
The retired rear-admirals under the order in council
of 1840 are the same-41 ; and the additional retired
rear-admirals on the pay of retired captains is increased
according to the terms of the retiremeut order in council
of 1846, to 59.
The retired captains of 1846 are now 36; but those
on the 18s. list have been increased to 64, thus
mailing up these lists now to 200, including
the retired rear-admirals. The officers who have re-
cently been added to this list, in accordance with the new
order in council, are—Samuel Price, 1831 ; Andrew
Atkins Vincent, K.H., 1832 ; Samuel Radford, K.H.,
1832; Joseph Harrison, 1832; Patrick Duff Henry Hay,
1833; Henry Shovell Marsham, 1833; Charles Crowdy,
1834; Thomas Mansell, 1834; William Townsend Dance,
1834; John James Oaslow, 1834; William Hamley,
1834; Abraham Mills Hawkins, 1835; John Drake,
1835; Edward Aug. Frankland, 1835; James Bur-
ney, 1835; James Morgan, 1836; Richard Barton, 1837;
William Slaughter, K.H., 1837; Thomas Gill, 1837;
William Allan Llerringham, 1837; Robert Gordon, 1837.
Their retirements date from July 1, 1851.
The "active captains' " list is now reduced to 465.
The promotion of 50 of the senior commanders to be
added to the retired captains' li.t of 1840 have been
given to the following officers. With the exception of
the first five, who were commanders of 1813, they were
all commanders of 1814:—Thomas Sykes, Charles Ray-
ley, Matthew Connolly, James Oliver, Robert Lowthia,n,
Samuel Trevor Dickens, Bouchier Molesworth, John
Jordan Arrow, Francis Edward Seymour, Richard
Streatfeild, Pringle Home Douglas, Richard Henry
Hollis Pigot, Christopher West, George Hilton, Curry
William Hillier, Sir Alexander Dixie, Bart., John Fisher,
Henry Elton, John Watson, Abel Wantner Themes,
William Forbes Leith, George Bowen, John Hilton,
Alexander Francis Elphinstone, George Penrad-
docko, Francis Duval, John Henry Rhodes, Charles
Cowper Bennett, William George Carlisle Kent, Ed-
mund Turberville, James Edward Huggins, James Stir-
ling (b), Francis Lo 'Junto, Rose Henry Fuller James
Townsend, William Henry Nares, Samuel Hoskins, Ed-
ward Boys, John Davy, Anthony Blagravo Valpy,
Charles Hutchinson, Charles Greene, Edward Johnson,
John Francis Lascelles, John Lindsey, Sir Edwyn
Francis Scudamore Stanhope, Bart., Richard Stevens
Harness, Charles Pengelley, William Laugharne,
Mitchell Roberts.

The active commanders' list is reduced to 573, no less
than 206 having been placed on the new " reserved half-
pay list."
The retired commanders' list of 1814 aro as before,
with the exception of the two or three promotions to
death vacancies; but to the retired commanders' list of
1830 have been added Lieutenants of 1810, Commanders
J. Wardle, J. G. Naps, W. Phipps, N. Atkin, J. C.
Gosseiin, John Edridge, H. Brett, W. L. Brake, R.
Hetherington, I'. C. Festing, F. Draffen, E. Luseembe,
and H. F. Sewell.
The active list of lieutenants is reduced to 1,237; for
no less than 886 have been placed on reserved halt-pay.
The promotion by selection for the active lists of
their ranks to be captains and commanders, on "reserved
half-pay," are the following:—By the terms of the
order in council, fifty commanders are to be promoted to
the rank of captain, and of this number twenty are to be
selected in the present year. Of this number eighteen
have been selected as follows, their promotions bearing
date, July 28, 1851:
CAPTAINS ON RESERVED HALF-PAY.—Commanders—
Nicholas Alexander, James Gabriel Gordon, James
Robertson Walker, George Bignell, Samuel Wrilord,
Edward Hollingsworth Delafosse, Richard Howell
Fleming, William Grint, Thomas Lowton Robins, Ri-
chard Douglas, Thomas Furber, john Pearse, Francis
Ormond, John Cornwall, Spencer Smyth, Thomas Pitt
Robinson, Joseph Cammilleri, John Reeve.
Of the fifty lieutenants to be seleeted, nineteen
out of the twenty for this year have been promoted—
namely, to be
COMMANDERS ON RESERVED HALF-PAY-6—LielltoßaßtS

—George Williamson, Richard Bastard, John fictiTorn,
Thomas Jackson (a), Thomas Clack, Thomas Archer,
Joseph William Crabb, Henry Garrett, James Sedg-
wick Lean, Charles Haydon, Edward Brown Addis,
Henry Parry, Redmond Moriarty, Charles Friend,
Heary G. Etough, Henry Lancaster, James Carter (b),
Thos. Woods, William Lory.
We hear that Major John B. Castieau (nearly at the
top of the list of captains), Royal Marine Artillery, has,
or is about to, retire on half-pay.
Clerk—John Sweatman (1845), of the Fisgard, has
been appointed to the Britannia, 120, at Portsmouth.
Masters' Assistant—W. C. Bicknell, to the Styx
steam-sloop, Devonport.
Clerks' Assistant—D. G. Guy, to the Centaur steam-
frigate, Portsmouth.
DOCKYARD.—We are glad to find that Mr. John Lee,
of Woolwich Dockyard, of long servitude, and one of
the most deserving officers in the ser►ice, whose claim
conld not have been again passed over, has been pro-
moted to be first-class clerk, vice Morgan, appointed store
receiver at Woolwich.

PORTSMOUTH, THURSDAY.—The Trafalgar, 120, Capt.
H. T. Greville (acting), weighed from Spithead yester-
day, at noon, accompanied by the Oberon steam-vessel.
On reaching the Knab-light she was signalised to dis-
charge Lieutenant Cavendish B. Hore to the Victory,
who, it appears, had subjected himself to a court of in-
quiry for being absent without leave, the ship being
under sailing orders, in consequence of which the
Trafalgar anchored in St. Helen's-roads, where she still
remains.

The Black Eagle Admiralty yacht, Master-Comman-
der Petley, came into harbour yesterday from Woolwich,
to attend on the Lords of the Admiralty, and take them
to the Channel Islands.

The Dauntless steam-frigate, Captain Halsted, was
taken in the Anglo dock last evening, but was undocked
this morning, it not being long enough to receive her;
sh© will go into the south dock oa Friday to undergo
considerable alterations.
The whole of the steamers in the new basin will be taken
out to-morrow, for the purpose of draining the water out
to overhaul the dam of the new dock.
The Monarch Indiaman sailed from Spithead to-day
for Calcutta.

A terrific thunderstorm passed over this port yesterday
afternoon doing considerable damage afloat. The storm
took a south-west direction. The forked lightning was
fearfully vivid, followed by heavy peals of thunder, the
rain falling in torrents. A thunderbolt fell near the
Platform Battery. The Port Admiral's yacht Fanny was
struck by the lightning about a mile from the Spit
buoy, which shattered her topmast to pieces, and so
shook her lowermast as to render it completely useless.
The electric fluid ran down the lowermast and boreal its
way through the deck to the cabins, laying four of the
crew prostrate, and striking several of the others sense-
less, but without injuring either of them. It then ran
along the bell-wire, dismounitng the bells, and passing
through the vessel's side, knocking a bolt out in its pas-
sage. Notwithstanding the damage she had received,
the captain (Mr. Scarlet) proceeded to St. Helen's, where
she had been ordered, to take Lieutenant Hore from the
Trafalgar to the Victory. She was towed into harbour
by the Oberon in the evening.
Admiral Capel went on board this morning to inspect
the yacht, and after hearing the particulars of the fear-
ful disaster congratulated Mr. Scarlet and his crew on
their providential escape.

THE LOCK CONTROVERSY.

TO THE EDITOR OF THE SUN.

Sln,—As the lock controversy engages much attention,
perhaps you will be so good as to allow us to state,
through your columns, how the matter, as regards the
Bramah lock, stands at this date.
On the second of last month (June) Mr. Hobbs was
allowed to take wax impressions of our Bramah lock,
and between that date and the 21st inst. made, as far as
he could, instruments therefrom.

On the 22d ins'. Mr. George Rennie, Professor Corper,
and Dr. Black met and arranged the plan of operations.
At Mr. Hobbs' request thirty days were given him as
the poled for the trial of his skill, the lock being
screwed to a door, and the keyhole, when Mr. Hobbs
was not at work, being covered by an iron band under
his own seal; all access to the lock is therefore taken
from us, agreeably to our own suggestion.
On Thursday la it (the 24th) Mr. Hobbs began his
operations on the lock, repeated them on Saturday,
again on Monday end yesterday.
He commenced work yesterday at five minutes past
nine in the morning, and did not leave the room till
after five o'clock; he was therefore engaged eight hours
in one day.
This morning he began agr;n at eight minutes past
nine and is now at work.

After this severe test from the hands of this most
celebrated operator, we cannot fear for the high public
reputation which the Bramah lock has enjoyed for so
many years. The period for the trial being so long, we
feel it due to our numerous friends and the publio to lay
tho above facts before them, and from which it must be
evident to all that for every purpose of security the
Bramah lock still maintains its pre-eminenc3 over all
its competitors.—We are, sir, &0.,
BRAMAH AND Co.

124, Piccadilly, London, July 31, 1851.
P.S. Mr. Hobbs has this day been at work on tho
lock from eight minutes past nine in the morning till
ten minutes to six, and the lock remains unopened.

[ADVERTISEMENT.] TRAVELLERS.—COMMerCiaI
travellers are, of all men, the most social ; their profession
often places them within situations where they are obliged to
freely patronize the science of gastronomy, and to yield to
the seductive allurements of the "rosy god;" no harm from
these indulgences would ever be felt if they were to take
two or three of Old Parr's Life Pills at night. This fine
stomachic medicine would, without the slightest disturbance
or pain, clear off all acidities, which would otherwise remain
in the stomach and bowels, and; produce feverish headache,
and all other unpleasant symptoms. On account of their
mild and effective operation they are now more used by all
travellers than any other medicines are. For sea voyages
they arc acknowledged to be all that is required, preventing
all scurvy, &c. Sold by Messrs. Barclay and Sons, Farringdon-
street ; Edwards, St. Paul's Church-yard; Sutton and Co..
Bow Church-yard ; Sangar, 151, Oxford-street ; and Ilannay
and co., ONlyrd-street.