The Sun.
London, England, 1860-06-14 00:00:00

said unless we could prove anything criminal we
could do nothing. I don't know that I ever told
Dr. Browne anything much of it. He found it out
himself.
The Judge—How do you know ?
Witness—Because he did.
The Judge—Mind what you say, witness, or I
shall have to commit you.
Witness—He did not tell me he had found it out.
Of course I saw him about coming here. I was " spe-
nied" up here. (Laughter.) Ann Rudgman was at
the coffee-house.
Mr. James•—You have sworn who was there, and
she was not one of them. Oh, this is shocking !
Mr. Macaulay—Don't say that.
Mr. Baron Wilde—lt is disgraceful.
The Foreman—lf I may say so, my lord,.we have
made up our minds that there is not the least evi-
dence of adultery on the part of the plaintiff, and it
is now only a question of damages.
Mr. Baron Wilde—That is certainly my opinion,
gentlemen. Here is the only witness called to
prove the adultery, and he cannot be believed.
Mr. James—Of course the matter will end here.
We have no other evidence.
Mr, Macaulay—l hope the jury will not yet
make up their minds.
Mr. Baron Wilde—The jury have heard the case
with extreme patience, and have not interposed un-
til the only witness called to prove the adultery
cannot be believed on his oath.
Mr. Macaulay—l desire to put.a few questions to
the witness, to show that his answers have been
founded on misconception.
Mr. Baron Wilde—The jury are ready to hear
you, and so am I.
Re-examined—While I was at Mr. Holmes's I
gave my evidence to a lawyer. I told him what I
have told to-day. Dr. Browne promised to get me
a good place in London because I left Mr. Burroughs,
when.l gave warning because the other servants
left, and Mrs. Burroughs went away, and I would
not stop with Mr. Burroughs. My evidence was
taken afterwards by Mr. Hincks.
Mr. Macaulay—The jury will understand that
the first attorney, Mr. Webb, was Mrs. Burroughs's
attorney in the matrimonial suit, and Mr. Hincks
is Dr. Browne's attorney.
Mr. James—That does not account for his being
in the coffee-shop with Dr. Browne. (Laughter.)
Mr. Macaulay—Because a defendant's witness
happens to be in his company it is no reason why
he should not he believed.
Mr. Baron Wilde—That is not the reason, Mr.
Macaulay. The witness is not believed because he
has conducted himself most disgracefully, and I am
not sure that I have done right in not committing
him for perjury.
Mr. Macaulay—With an ignorant witness a good
deal of this prevarication, it' you will, may arise
from a fear that some mischief is intended.
Mr. Baron Wilde—l don't care what is intended.
He is here to speak the truth on his oath.
A Juryman—Hear, hear.
Mr. James—An ignorant witness, if he speak the
truth, will often give evidence better than a scien-
tific one.
Ellen Penfold, a dressmaker at Horsham, exa-
mined—l used to work at Mr. Burroughs's house
with Mrs. Baines.
Mr. Baron Wilde—Do you think it worth while,
Mr. Macaulay, after what the jury have said, to
pursue evidence which has reference to the gentle•
man of a house being seen in one of the rooms with
his servant ?
Mr. Macaulay—lt would not be worth a feather
unless this gentleman had put it on the high ground
that no familiarities had taken place between him
and his servant.
Mr. Baron Wilde—We have to try this cause on
' the issues raised. The plaintiff complains that she
has been charged by the defendant with leaving
committed adultery, and that issue is on you as I
shall tell the jury.
Mr. Macaulay—Suppose the adultery is not
proved, still on the question of damages it is im-
portant to know whether, though the proof of the
last act of intrigue fails, there had or had not been
familiarities.
Mr. Baron Wilde—l do not say you are not en-
titled to go on, 'but I put it to you whether you will
decrease or inflame the damages by an endeavour
to blacken the character of Mrs. Baines.
Mr. Macaulay—l protest against it being said
that blacken character after the opening.
Mr. Baron Wilde—Not you, but the tendency of
the evidence is to do so.
The examination of the witness was then pro-
ceeded with. She deposed that in October she had
seen Mr. Burroughs and Mrs. Baines walking to-
gether about nine in the evening, and she had told
this to Mrs. Nightingale.
Miss Anne Smith examined—l am Mrs. Bur-
roughs's aunt. I had no knowledge of anything
existing as to Mr. Burroughs and Mrs. Baines until
about the Bth of December. My niece had made
no communication of her suspicions before that. I
remember my niece being ill when the cook and I
were sitting with her. I think it must have been
that time when the cook made a communication to
my niece, Mrs. Baines was sitting with me when
Dr. Browne called at the door and called her out.
That was when Mrs. Burroughs was at the theatre.
She left the room.
Mr. Baron Wilde—That is the very thing which
Mrs. Baines has sworn.
Mr. Macaulay—It has been pointedly denied.
The judge turned to his notes of Mrs. Baines's
evidence, and it exactly corresponded with that of
the witness.
Examination continued—l have no ground what-
ever for suspecting any improper intimacy between
Dr. Browne and my niece.
The Judge—l can understand why you put that
question, but I submit to you is it worth while to
pursue this when it is not in issue ?
Mr. Macaulay—l submit that on the question of
damages this question is at the bottom of the mat-
ter, when Mrs. Burroughs is charged with adultery.
Mr. Baron Wilde—There is no evidence of adub
tory on the part of Mrs. Burroughs.
'The Jury—No, my lord. We entirely exonerate
Mrs. Burroughs. There was a great deal of inti-
macy between her and Dr. Browne, but there is
not the slightest proof of adultery.
Mr. Macaulay—My lord, lam amply satisfied
with what you and the
,jury have said.
Mr. Baron Wilde-There has been evidence of a
great intimacy, but none whatever of adultery.
The Foreman—Mr. Macaulay, if you will now
leave the case in our hands I don't think you will
suffer.
Mr. Macaulay—l am much obliged to the gentle.
man who has made that observation, but I have a
few remarks to make on the question of damages.
I should wish, before I do that, my lord, to call Dr.
Browne, in order that he may exonerate himself
from the charges which have been made against
him in the course of this cause.
Mr. Baron Wilde—lt is quite competent to you
to do so, and I will add it is a very proper course.
Dr. Browne examined—l got a note from Mrs.
Burroughs, of the sth or Rh:December, telling me
the children were well. Beyond her complaints that
Mr. Burroughs was too often in the nursery, and
indeed that I was too, I had no idea that Mrs. Bur-
roughsentertain ed any suspicion of Mr. Burroughs's
infidelity with Mrs. Baines. On the Bth December,
when I arrived, the little boy and Ellen met me
at the station, and said, "I am glad you have come
home, papa has been so cruel to mamma." I went
to the house and made no allusion to what the boy
had said. When Mrs. Burroughs was going to bed
she said, " I have had some little differences
with Frederick." I sat up with him and said, "Fre-
derick, what are these differences?" He said, "Do
not talk to me—my wife shall go ; my purpose is
irrevocable. Her temper is such that I will not put
up with it any more." He did not impute anything
to her beyond that. I said, " You know you have
given her cause for anger by going too often to the
nursery. I told him I had waived my right to go
there lest it might appear that I was setting him
an example, We said no more. Mr. and Mrs.
Burroughs held no conversation, except, perhaps,
" I will thank you for a slice of that beef."
(Laughter.) Before Mr. Frank Burroughs, Miss
Smith said, "Mr. Burroughs is going to turn his
wife out of the house. She has no one but me to
rely upon, Will you assist me in this matter ?"
I said I would. She told me that Mr. Burroughs
had been in Mrs. Baines's room at night, and that
she had been in his dressing-room, and that Mrs.
Burroughs had seen her husband coming down the
stairs in his shirt. Mrs. Burroughs was no party
to this conversation with Miss Smith. On the fol-
lowing morning I said that if Mr. Burroughs was
determined to net in a harsh manner, I would plane
my children with Mrs. Burroughs if she, as her
aunt, would take care of her niece. I thought it

would prevent the appcarance—Oi anything indeli-
cate if Mrs. Burroughs was under her aunt's pro•
tection. I felt bound in honour to carry our this

promise, and I have done so to the best of my
ability. I never said that Mrs. Baines was the

only i-irtuous woman in the house.
Mr. Baron Wilde--I don't recollect that.
Mr. Macaulay—l am sorry I have made a mis-
take; it was to Jeremiah Brown, Mrs. Bainees
brother.

Witness—The day of the break up I said to Mrs.
8.-tines' "See what you have donP,', and she took
Mrs. Burroughs's hand and said, "Forgive me it is
all mr. Burroughs's fault." I said to Mr. 'Bur-
ugFrederick, I cannot see murder committed
—you
o I
your wife." He said he would
kick
earocutkoilfling the house, and I afterwards left. I
r o
told Miss Smith at Mr. Holmes's she might still
claim my promise that I would pay Mrs. Burroughs
£ll5 a year for the care of my children. I did not
ask questions and get narratives from the servants.