The Sun.
London, England, 1856-12-11 00:00:00

CAMPBELL V. GAMMEN- GRIM. CON.

This was an actisn brought to recover compensation
in damages for criminal conversation with the plaintiff's
wife.

After the jury had been sworn,
Sir F. Thesiger, who was counsel for the plaintiff, said
this was a case in which it was desirable that the circum-
stances should be withheld from the public as much as
possible. He had communicated with his learned friend
on the other side, who bad found that he could not redid
the plaintiff's claim for damages. He thought that the
plaintiff ought to receive at least 5001., and he under-
stood his learned friend was prepared on the part of the
defendant to agree to a verdict for that amount.

Lord Campbell—That is an arrangement which may
be carried into effect. I hope I shall live to see the day
when actions of this kind will be no longer a reproach
to the law of England.
Sir F. Thesiger—lf I had been called upon to address
the jury I should unquestionably have made that obser-
vation myself. I think it is very degrading to us that
it should be necessary to bring these actions.
Lord Campbell—lt is degrading, I think it is dis-
graceful, that such actions should be permitted, and I
am ashamed of this practice when I converse withforeign
jurists. They have observed to me that under our lawn
a husband might sell his wife with a rope round her
neck, but I have told them that that was merely a fable,
and that there was no foundation whatever for such a
reproach to our law. They have then replied, "But
what do you say to an action for criminal conversation,
which enables a husband to put money in his pocket for
the dishonour of his wife ?" I certainly feel ashamed
when such a remark is addressed to me.

Sir F. Thesiger—The jury will understand that actions
of this nature are a necessity which is imposed on a
party seeking redress. As the law now stands, a man
cannot obtain a divorce unless he gets the verdict of the
jury, with damages, for the injury sustained.
Lord Campbell—And I sincerely hope that another
session of Parliament will not pass away without that
grievance being remedied.
Sir F. Thesiger said he entirely concurred in that
hope. _ _ _

TA verdict was then entered, by consent, for the plain.
tiff—damages, 5001.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—YORK, DEC. 9.
' (Before Mr. Justice Erie.)
John Robinson, 29, was indicted for stealing a cow,
the property of Henry Waddington, of Halton East, and
also five pigs, the property of Abraham Tillotson, of
Broughton.
Mr. Blanchard prosecuted, and Mr. Shepherd defended.
It appeared that the cow and pigs had been left safe
on some premises on the 21st of Oct. last, and that the
prisoner was afterwards seen driving them in the neigh-
bourhood of Skipton. Before taken into custody he had
sold them.
These facts having been clearly proved, he was found
Guilty. It then appeared that he was a ticket-of.leave
man, and had committed several felonies.
His Lordship, in passing sentence, said it was hope-
less to attempt to reclaim him, and his was one of the
cases in which society ought to be protected from his
propbnsity to commit crime. After having committed
one or two felonies, he had been sentenced to be trans•
ported for 10 years for eieep stealing, but had been let
out of custody on a ticket of leave before the expiration
of that sentence. So far from having been restrained
from crime by the punishment he had undergone, he had
been at large but a very short time before he bad com-
mitted another felony, and had since then stolen a watch.
For the offence of which he now stood convicted the sen-
tence of the Court was, that he be transported for 20
years.
. _

The prisoner asked to be allowed to address the Court,
and he then made a rambling statement to the effict
that, having the reputation of a ticket-of-lease man, he
had found it impossible to get an honest livelihood.
Tee prisoner was then removed.
Thos. Smith and Thos. Hoyle were indicted for bur-
glary at Ripon, and stealing a large quantity of jewellery.
Smith pleaded " Guilty."
Mr. Shepherd and Mr. Robinson Fowler appeared for
the prosecution ; the prisoner was undefended.
The jury found the prisoner guilty.
His Lordship said this was a case in which society had
a right to demand to be .protected from the crimes and
designs of such men as the prisoners. The sentence of
the Court was that they be transported for 20 years.
The prisoners both looked rather astonished, and the
prisoner Hoyle, casting aside his depressed 1 ok of a sick
man, said, with a sort of sneer, "He has given us time
enough to reform."
Alexander Syme was indicted for a burglary corn-
mitteifin the house of Henry Thomas, at Leeds; on the
28th of September last.
Mr. Wheelhouse prosecuted. The prisoner was not
defended by counsel.
The prosecutor, his wife, and a little boy were the
only.o occupants of the house on the night named, the two
former being last up,
down. and going to bed a little after learn
".°lOO4- At the time they went to bed all was safely
the cellaas°ravfreorma
fastened, doors locked, and the windows hasped
thhoolesitrherootutghherewhwiachs epolnaolsedwaersterolnegt
iron
and Mrs.
plate
pTehnco:revual.ers.said thzt the kitchen window was left
This plate was not fastened down,
Igether with
slightly
• ouse• The prosecnt
kitchen at two o'elock9.
a eilhkthe shutters outside were fixed to- Nothing was taken out of the
was awoke by a noise in the
stairs, and there, in the midd e
in the morning.. He lighted a
candle and went d
of the kitchen floowonr,. he found the pr loner, and
asked him what hi
8 business t"
1 to['
answered thzt he was 1 stra was. The pri-
1 —
"Then you're very
Ito which prosecutor replierkirg out for lodgings,
1 likely to find then dilectly,”
inin gall.as The
assistance,
and the prisoner was at oneeasloscodargtii)dd
made to
prlsoner now reiterated the
the prosecutor at first, with the addilt'lohnahtal
instead of
ielcuto!).
that ha was very drunk indeed, and
window,
entering the house, as was su,ggested by the'
through the iron trap at the coal-cellar manhoiTe°,6
really got into the house through the kitchen
shutters, which he found flying open,. that he then h
ther opened the window-sash which Mrs. Thotra, bard'
left opea when she went to bed, and, being drunk, he
thought he had got into his own lodgings.
His Lordship, in charging the jury, gold them.that to
open a door or window' further which had been /Ka.
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