The Sun.
London, England, 1860-08-11 00:00:00

'NICE 4D. STAMPED, SD.

SUMMER ASSIZES.
HOME CIRCUIT.—GUILDFORD, Aug. 10.
(Before Lord Chief Justice Cockburn and Special

Juries.)
FRAY V. VOULES.

This action, which was partly heard on Monday
and Tuesday, was resumed yesterday.
Mr. Kennedy and Mr. Robinson appeared for
the plaintiff, and Sergeant Parry, Mr. Joyce, and
Mr. Jones Levi for the defendant.
The action it will be remembered was brought
by the plaintiff, who was formerly a lady's maid in
the service of Lord and Lady Zetland, to recover
damages from the defendant, who is an attorney,
for having compromised an action she had brought
against the Earl and Countess for detaining clothes
and money, and jewellery belonging to her, with-
out her sanction.

Sergeant Parry yesterday proceeded to address
the jury for the defendant, who, he said, instead of
having neglected the interest of the plaintiff, or
damaged her in any manner, had in reality been
prosecuted by her without the slightest pounds,
and he could only account for her conduct by
the supposition that her mind was distem-
pered. He then referred to the nature of the
action, and said it appeared to him that the
plaintiff by her own evidence had put herself
out of court, for she would not venture to
deny that she had sanctioned the arrange-
ment that was come to, and he believed that if
his learned friend had acted according to the
dictates of his own good sense and discretion
he would long ago have retired from the case.
With regard to this transaction Mr. Voules had
actually paid £2OO in costs out of his pocket in the
actions against Mrs. Potter and Lord Zetland, and
he refused to have anything to do with a compro-
mise until sergeant Wilkins, who was Miss Fray's
counsel, expressed his opinion that it would be
madness to proceed with the action, that she was
sure to be nonsuited, and that the only course for
her to take was to accept any offer that might be
made to her. Even then it was all done upon Ser-
geant Wilkins's responsibility, and he explained
her position to her, and the plaintiff consented to
the offer, and an endorsement to that effect was
made upon his brief, and also upon that of Mr.
Doyle, who was also one of her counsel. He said
it appeared to him that the plaintiff was a most
dangerous woman, that she was bringing actions
against every one with whom she came in contact,
and that he himself, or even the jury, might think
themselves lucky if they escaped from being dragged
into litigation by her.
Mr. Johnstone, a gentleman who acted as manag-
ing clerk to the defendant in 1855, was then exa-
mined, and he stated that he received the instruc-
tions from Miss Fray, in reference to the actions
against Mrs. Potter and Lord and Lady Zetland,
but at that time she did not mention a word about
spirit-rapping or gambling in the establishment,
but she represented that Mrs. Potter, the house-
keeper, was jealous of her in respect to Gunn, the
groom of the chambers. When the case came on
for trial Mr. Voules had expended £2OO out of his
own pocket, of which sum the fees to counsel
amounted to £lOB. When he was in consultation
with Sergeant Wilkins with reference to the case,
he said that no jury would believe her story about
having 50 sovereigns in a box. The result of the
action against Mrs. Potter was, that the jury gave
her £lOO damages upon the count for defamation
of character, and the verdict was for the defendant
upon the counts relating to the money and clothes.
Sergeant Wilkins advised the record in the
action against Lord Zetland to be withdrawn, on
the ground that Miss Fray had been contra-
dieted by six witnesses, and that it was use-
less to go on with it. A rule nisi for a new trial
in Potter's action was obtained on the following
morning, and while this matter was standing over,
the other action against Lord Zetland came on for
trial at her earnest solicitation, but all Miss Fray's
counsel agreed that there was very little chance of
success either upon the law or the facts, and they
strongly advised her to accept any offer of com-
promise that might be made. It was under these
circumstances that an offer was made by Lord
Zetland's solicitor to pay £3OO to settle all the
actions, and Sergeant Wilkins said it would be
madness to refuse it. The plaintiff would not at
first listen to the proposition, but Sergeant Wil-
kins had a long conference with her, and convinced
her that she had no other course to pursue, and she
then consented to the arrangement. (Mr. John-
stone here produced the briefs of the learned coun-
sel, upon which an endorsement to the effect stated
had been made by them. He also produced an
affidavit of the plaintiff, in which she, herself, ad-
mitted that she consented to the arrangement.)
The witness went on to state that he believed his
lordship, who was counsel for the Earl of Zetland,
was himself present when the arrangement was
come to between the counsel on both sides.
The Lord Chief Justice said he did not remember
whether he was present, but he knew that he was
very angry that such a compromise was made.
Mr. Johnstone went on to state that upon the
trial that took place in that court upon the action
for the £5O promissory note, the plaintiff, in her
examination, admitted that she was aware of the
arrangement, and that she had consented to
After the transaction had been completed Miss Fray
was constantly talking about it, and appeared
pleased to think that she had put Lord and Lady
Zetland to very great expense, and said that no
doubt his lordship had a very large fee..(A laugh.)
The Lord Chief Justice, to whom his original
brief in the cause had been handed to explain some
portion of the proceedings, said that did not ap-
pear to be so. The fee was a very moderate one.
(A laugh.)
In answer to questions put by the learned judge,
Mr. Johnstone stated at the trial at Guildhall,
Miss Fray, in her evidence, did not say a word
about spirit rapping or gambling, or that an im-
proper intimacy existed between Dr. Malcolm and
Lady Zetland.
By Serjeant Parry—Dr. Malcolm, when he was
examined at the trial, said that the plaintiff was
labouring under a diseased mind. The statements i
were positively contradicted by that gentleman,
and every other person whom she had referred to.
Mr. Voules, the defendant, was then examined,
and he confirmed the evidence of Mr. Johnstone.

The jury here interposed, and inquired of his
lordship whether it was necessary to hear any more
of the case.

The Chief Justice said he did not like to interpose
or to stop such an inquiry.
Mr. Kennedy then rose, and said he was very
glad the jury had interposed, as he was placed in a
very peculiar position. He now, however, felt him-
self justified in saying that when he came into
court he had not the remotest idea of the defence
that could be established, and that if he had been
aware of the strength of the evidence for the de-
fendant, he would never have undertaken the case.
He was, of course, only anxious to do his duty, and
it appeared to him that, upon the facts now before
the Court, he ought not to proceed any further.
The Lord Chief Justice said he could only express
his opinion that the learned counsel had conducted
the case with the most exemplary propriety. It
appeared to him after the evidence that had been
given that it would only be a waste of time, and
he would be stultifying himself if he proceeded any
further.

Sergeant Parry said he thought it only due to
his learned friend, Mr. Hawkins, whose name had
been mentioned by the plaintiff in her examination,
to say that he was prepared to contradict all she
had said. He had never spoken to Lord Zetland
in his life, and had not only never shot with him
in September or October, but certainly had never
done so at the Easter vacation. (A laugh.)
Mr. Bovill, who, it appeared, had watched the
proceedings on behalf of Lord and Lady Zetland,
said that the plaintiff had made many slan-
derous statements in reference to the esta-
blishment of his lordship, and he was most
anxious to state that they were utterly false, and
that if there had been any opportunity of doing so,
they would have been positively contradicted.
The Lord Chief Justice said he thought that any
contradiction of such statements as those made by
the plaintiff was quite superfluous.

The jury said they were of the same opinion.
A verdict was then returned for the defendant.

Miss Fray subsequently applied to the Lord Chief
Justice to stay execution, but his lordship refused
to interfere.

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