The Sun.
London, England, 1860-08-08 00:00:00

ASSIZE INTELLIGENC'E.

FIOME CIRCUIT.—GUILDFORD, AUG. 6.
(Before Lord Chief Justice Cockburn and Specia
Juries.)
FRAY V. VOULES.

The plaintiff in this action was a young woman
named Rosanna Dupin Fray, and she sought to re-
cover damages from the defendant, who is an at-
torney, for having negligently conducted au action
she had brought against Lord and -Lady Zetland,
and consented to an arrangement to stay that action
without her consent. The defendant pleaded that
the plaintiff had no ground of action against Lord
and Lady Zetland, and also that he acted reason-
ably and laudably as her attorney in the matter.
Mr. Kennedy and Mr. Robinson were counsel
for the plaintiff. Serjeant Parry, Mr. Joyce, and
Mr. Jonas Levi appeared for the defendant.
The facts connected with this matter have been
so very frequently before the public that it will
not be necessary to do more than briefly allude to
them on the present occasion. It will be remem-
bered that the plaintiff, who is a respectable young
woman, went into the service of Lady Zetland in
June, 1854, as head lady's maid, and that disagree-
ments took place in the family, and that she. was
suddenly discharged from her situation in August
following. She then applied to Mr. Greenwood, a
solicitor, who was acquainted with her family, and
he entered into communication with the solicitor of
Lord Zetland upon the subject of the treatment she
had received, and subsequently another solicitor
named Wilson, to whom the present defendant was
clerk, was applied to, and eventually the plaintiff's
case was placed in the hands of Mr. Voules, and
he brought two actions—one against Mrs. Potter,
the housekeeper of the Earl of Zetland, for defa-
mation of character, and another against Lord and
Lady Zetland for detaining clothes and trinkets and
money, the property of the plaintiff. The first action
was tried and resulted in the jury giving the plain-
tiff a verdict, with £lOO damages. This verdict, how-
' ever, was set aside and a new trial was granted, and
while these proceedings were pending the other
action was coming on for trial. The case on the
part of the plaintiff was, that the defendant, who
was then acting as her solicitor, had, without her
consent,•come to an arrangement with Lord Zet-
land, by which a sum of £3OO was paid to him to
settle the actions against Lord and Lady Zetland,
£250 of which was to be received by Mr. Voules as
costs, and the plaintiff was to receive the remaining
£5O. That sum was paid to her, and she signed
what she imagined to be a receipt, but which docu-
ment turned out to be a promissory note for £5O,
and she was afterwards sued by Mr. Voules upon
that note, but the jury found a verdict in her favour.
She then, it appeared, brought an action against
Mr. Voules for negligence, in which she was de-
feated, and after this she brought an action against
Mr. Foster, the solicitor who conducted her case
against Mr. Voules, of the same kind, which was
tried at the Croydon assizes last year, and resulted
in her being non-suited. The present action, as
above stated, was brought against Mr. Voules for
having settled the original action without her con-
sent. The plaintiff, it will be remembered, was
subsequently taken in execution for costs, and was
for a considerable time in Whitecross-street prison..
The plaintiff, Rosanna Fray, was examined at
considerable length, and she detailed all the facts
above narrated, and declared that she believed
when the proposition was made respecting the
£3OO that it solely applied to the action against
Mrs. Potter, and that she never had the slightest
intention of settling the action against Lord and
Lady Zetiand, as she considered it was absolutely
necesary for the vindication of her character, which
was the principal object she had in view, that this
action should be proceeded with.
At seven o'clock on Monday evening the cause
was adjourned.

AUG. 7.
The trial of Fray v. Voules was proceeded with
this morning.
The plaintiff was cross examined by Mr. Ser-
geant Parry. She said that she entered the ser-
vice of Lord and Lady Zetland in June, 1854,
and she was discharged by Lady Zetland on the
30th of August following, at Malvern, and
she was paid a month's wages, and a sum of money
was given for her expenses to town. Mrs. Potter,
the person against whom she brought the action,
was 60 years of age, and she had been town house-
keeper to Lady Zetland for a great many years, A

person named Gunn was groom of the chambers.
He was about thirty years old. She believed he
was engaged to be married to Mrs. Potter. (A
laugh.) Mrs. Potter swore at the trial that he
was not engaged to be married to her, but to her
niece, but she did not believe her. (A laugh.) A
woman named Bates was Lady Zetland's bath at-
tendant, and a gentleman named Malcolm also was
a member of the establishment. She believed he
was a doctor, but he acted as the secretary to Lord
Zetland. He used to write prescriptions for Lady
Zetland, and witness procured the medicines, but
Lady Zetland never took any of them. (Laughter.)
Witness believed that either Mrs. Potter, Mrs.
Bates, or Gunn, stole her money, and the clothes
that she claimed from Lord Zetland, and that they
divided them between them. She was quite sure
she had- never charged Lady Zetland with stealing
her money and clothes. She had accused Mrs.
Potter of being improperly intimate with Gunn.
She had also said that Dr. Malcolm was in the
habit of going to her ladyship's bedroom after she
had gone to bed, and had talked in the establish-

menf of her having pretended that there were mice
in her bedroom, in order that Dr. Malcolm might
be sent up to her. (A laugh.) She had no doubt
that she had talked about those things while she
was in the countess's service, and she believed it
was all true. She had repeatedly said to the other
servants that Dr. Malcolm was in the habit of going
up to the countess's bedroom at night, and stopping
there a considerable time. Lady Zetland had called
her a stinking liar, a stinking strumpet, a stinking
woman, and a stinking devil. (A laugh.) These
accusations were part of her charge against Lady
Zetland, in the action she brought against her
and Lord Zetland. She had also charged Mrs.
Potter, Gunn, and Mrs. Bates with having put
some of Lady Zetland's dresses among her
clothes, in order that she might be accused of
stealing them, and she believed that Lady Zetland
was aware that this was done. There wasoo mis-
take about this. She believed that Lady Zetland
knew that it was done. (The witness here appeared
to be a good deal excited, and put her handkerchief
to her face, and seemed to be weeping.)
The Lord Chief Justice told the witness to com-
pose herself, and said that when a person appeared
to be crying he was in the habit of looking to as-
certain if there were any tears, and if she persisted,
he should ask the jury to do the same.
The plaintiff was then cross-examined as to the
legal proceedings in which she had been concerned,
and she stated that Mr. Greenwood, the gentleman
to whom she first applied, was an old friend of her
family, and she thought he was acting as her friend,
but she afterwards •discovered that he was a
" traitor," and she charged him with being in col-
lusion with Lord and Lady Zetland and the other
parties to deprive her of her rights. She was un-
able to say whether Lord Zetland had given him
money to " sell" her. He was called as a witness
in her behalf, but she objected to his being examined,
because she believed he would take a false oath to
serve Lord Zetland. Mr. Hawkins and Mr. Gif-
fard had been counsel for her, and she charged Mr.
Hawkins with acting corruptly. She told him that
her object was to " bring out" Lord and Lady Zet-
land, and he refused to drag them unnecessarily be-'
fore the public. It was a mistake when it was re-
presented that she stated at the trial last year that
Mr. Hawkins had been out shooting with Lord
Zetland. She did say that Mr. Hawkins had been
out shooting with some friends of Lord Zetland's
at the Easter vacation. (A. laugh.)
Sergeant Parry—l believe you have brought an
action against Mr. Hawkins for fraud.
Witness—l have.
Sergeant Parry—Are you going on with that
action ?
Witness—l have not yet made up my mind.
(Laughter.)
Cross-examination continued—ln the action she
brought against Mr. Foster she considered that Mr.
Justice Crowder most unjustly directed her to be
nonsuited, as there was plenty of evidence to go to
the jury. (A laugh.) She was not aware that she
put Mr. Foster to £l5O expenses. She applied to
the Insolvent Court to get released from prison,
and Mr. Commissioner Murphy dismissed her peti-
tion, and it was not until after several months' im-
prisonment that she obtained her protection. Be-
sides the legal proceedings she had already referred
to, she had brought an action against Col. Hicks,
the governor of Whitecross-street, and she also
made a complaint to one of the aldermen at Guild-
hall, of the treatment she had received from the
governor, the matron, and the surgeon of the prison.
She stated upon this occasion that the matron had
made use of the most murderous threats to her, and
said that she had lost her character,
.and that she
would tear her to pieces, and pull her eyes from
their sockets. She had discovered that Mr. Mal-
colm was a friend of the surgeon of Whitecross-
street, and this, she thought, was a key to the
treatment she had received. She had brought an-
other action against Mr. Foster for negligence, and
she might perhaps have another action out of this
case. 4,A. laugh.)
Sergeant Parry said he hoped she did not intend
to bring an action against his learned friend ?
(Laughter.)
Witness—Oh, no ; they have acted very kindly
to me,

Sergeant Parry—Yes ; but you have said that
the gentlemen against whom you have brought
actions behaved the same to you at first. Sergeant
Wilkins was her counsel when that arrangement of
which she complained was entered into. She did
not recollect that he told her, when the trial was
about to come on, that she would be sure to be non-
suited, and that he would be ruined, or that he
advised her to accept the offer that was made, and
that she consented at once. She admitted that she
had some conversation with Sergeant Wilkins in
reference to the proposed arrangement, and that he
might have said :that she would be nonsuited, but
she said she could not remember whether she ac-
cepted the proposition or not. She said at that
time she did not understand the law.
The Lord Chief Justice observed that this was
no question of law, but a simple question of fact
whether she consented or not-to the arrangement.
She repeated that she could not remember, and
she would not swear she did not.
Cross-examination continued—She had never
paid Mr. Voules a single farthing for his costs, ex-
cept what he received from Lord Zetland. There
was no action against Mr. Johnstone, his partner,
at present, but she might have threatened to indict
him. (Laughter.)
By the Jury—She wished to leave Lord Zetland's
service the moment she entered it, because she did
not like the proceedings that were going on. From
the scullery-maid up to Lady Zetland they were all
gamblers. (A laugh.) Spirit rapping was also
constantly being practised by Lady Zetland, and
she employed Mrs. Potter as the medium, and
rooms were kept specially for the purpose, and
when Lady Zetland wanted to know whether one
of her husband's horses would win a race, or any-
thing else, she used to ask the spirit for the infor-
mation. (A laugh.) Lady Zetland wished her to
be a spirit instead of Mrs. Potter, but she refused.
This closed the case for the plaintiff.
Sergeant Parry said he was very anxious to call
Mr. Voules as a witness, but he was suffering from
a severe attack of gout, and he wished the trial
might be postponed for two or three days.
The Lord Chief-Justice said he thought it was
very essential that Mr. Voules should be examined,
and he saw no objection to the case standing over
for two or three days, when possibly Mr. Voules
might be able to be present. He thought, however,
that the defendant ought to pay the extra costs in-
curred by the plaintiff through the delay.
This course was acceded to, and the further pro-
ceedings in the cause were, consequently, post-
poned.

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THE VICTORIA CROSS.

(From the Gazette of last Evening.)

WAR-OFFICE, AUG. 7.
The Queen has been graciously pleased to signify her in-
tention to confer the decoration of the Victoria Cross on ,
the under. mentioned soldier of her Majesty's army, whose
claim to the same has been submitted for her Majesty's
approval, on account of an act of bravery performed by him
in India, as recorded against his name, viz.:—
Private Samuel Morley, 2d Battalion, Military Train--
On the evacuation of Aziragurh by Doer Sing's Army, on •
the 15th of April, 1858, a Squadron of the Military
Train, and half a Troop of Horse Artillery, were sent
in pursuit. Upon overtaking them, and coming into action
with their rear-guard, a squadron of the 3d Seikh Cavalry
(also detached in pursuit), and one troop of the Military
Train, were ordered to charge, when Lieutenant Hamil-
ton, who commanded the Seikhs, . was unhorsed,
and immediately surrounded by the enemy, who
commenced cutting and hacking him whilst on the ground.
Private Samuel Morley, seeing the predicament that
Lieutenant Hamilton was in, although his (Morley's)
horse had been shot from under him, immediately and
most gallantly rushed up, on foot, to his assistance,
and in conjunction with Farrier Murphy, who has already
received the Victoria Cross for the same thing, cut down
one of the sepoys, and fought over Lieutenant Hamilton's
body, until further assistance came up, and thereby was
the means of saving Lieutenant Hamilton from being killed
on the spot.