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

CASE.

This trial was resumed for the fourth day this
morning._

Mr. Edwin James and Mr. Dowdeswell appeared
for the plaintiff; Mr. Macaulay and Mr. Thompson
Chitty for the defendant.
The examination of witnesses for the defence was
proceeded with.
Jane Howard, the cook formerly in the service
of Mr. Burroughs, and now living with Mrs. Bur-
roughs, was called to prove acts of familiarity be-
tween him and Mrs. Baines. She deposed that on
one occasion, when Mrs. Burroughs was at Weston,
witness searched for Mr. Burroughs and found him
in Dr. Browne's room, sitting or lying on the sofa,
and Mrs. Baines was writing in the same room.
When Mrs. Baines came down the servants were
laughing, and Mrs. Baines said he had been lying
on the sofa reading, and she had been writing, and
there was no harm in that. On one occasion Mr.
Burroughs was sitting in the dressing-room and
pulled her towards him, and said, " Give us a
kiss." She said, " I shan't ;if you don't leave off
I'll tell Mrs. Burroughs, or I'll call Jane," when he
said, " I'm sure you will ; I fancy I hear you."
Mrs. Baines used to be frequently in the cellar
with him, and the servants used to laugh about it.
About the beginning of November witness saw Mr.
Burroughs and Mrs. Baines walking arm-in-arm.
It was half-past eight, on a moonlight night.
When Mrs. Baines came home witness said, " Mrs.
Baines, what do you think, master has been sport-
ing some girl out to-night." Mrs. Baines said, "Do
you know who it was ?" Witness said " I'm not
certain." Mrs. Baines said, " Oh, I will tell him
of that." The housemaid said, " Don't get Jane
into a row." Witness said, " She may tell him. I
can swear who it was."

By the Court—They were walking on the high
road near the station.

Examination continued—l slept with Mrs.Baines
after the child died for four or five nights. The
night or two after I slept with her I said, " Master
behaves.to you more like a husband than he does to
missus." She said, " Oh, do you think so ?" She
told me that Mr. Burroughs had said to her coming
up the cellar stairs, " 'lie your garter above the
knee; if you tie it below it will spoil the look of
your leg." The first night I slept with her she
said, " You must not be surprised if Mr. Burroughs
comes up stairs to-night." I said, " What for ?"
She said he thought she would require a little me-
dicine.' I said, " Can't you have it before you go
to bed ?" She said, "Mr. Burroughs is not in."
We went to bed together. She did not say to me
before we went to bed, " Tell Mr. Burroughs I shall
not want any medicine." I slept on the side fur-
thest from the wall. There was a night-light burn-
ing. Mr. Burroughs came into the room at two
o'clock. I awoke, I don't know why I awoke un-
less he moved the clothes from my face. I found his
face almost close to my face. He flew away, and I
did not see him go. After I came down stairs Mrs.
Baines said, " Did Mr. Burroughs come up last
night ?" I said "He did, and I never was so
frightened in my life." (Laughter.) She said, " He
did laugh so when he told me."
By the Court—l was very much frightened, and
did not go to sleep for an hour. The next day,
Sunday, Mrs. Burroughs was at church, and on her
return I told her that Mr. Burroughs had been in
the nursery. I did not see him, but he was fetched
from there. I did not tell Mrs. Burroughs that he
had been in the room at night. When Dr Browne
called at Mrs. Burridge's, where I was lodging, at
Horsham, he said nothing to me about Mrs. Bur-
roughs. [The witness Ann Rudgman, called yes-
terday, swore that he had.]
Cross-examined—She was now Miss Smith's ser-
vant. The defendant frequently visited at Ashbur-
ton-cottages. He came there to see them all. She
said nothing to Dr. Browne when he visited her at
her lodgings about Mrs. Baines ; it was not true if
any one had said that she did. She asked the doctor
if he thought it was proper she should go and live
with Mrs. Burroughs. He said she was to please
herself. She had received a letter from Mrs. Bur-
roughs when she was in Guildford-street, and she
gave the doctor the address. She tore the letter up.
When Mrs. Burroughs came back Dr. Browne was
staying at the King's Head. She went backwards
and forwards several times. On one occasion she
went with a note from Miss Smith and received an
answer. She took a message as well. The letter
asked Dr. Browne to write and inform her relatives
and friends what had occurred and explain matters,
as she had no father or brother to do it for her. The
letter was read to her before she went with it ; she
did not recollect what answer was returned. She
told Lloyd that she " had not seen anything im-
proper between Mrs. Baines and Mr. Burroughs,
but she had seen much that was right." Ann Rudg-
man and the groom said the same. When Mr. Bur-
roughs came into the bedroom he "passed away like
a flash of lightning." (Laughter.) She was much
frightened, but she did not wake Mrs. Baines, or
mention it to her till Mrs. Baines spoke to her about
it. She did not recollect when she mentioned it to
others. She saw the plaintiff and Mr. Burroughs
walking arm-in-arm on a Sunday night in Novem-
ber near the Horsham Railway. Mr. Burroughs
walked out with the doctor generally in company
with Miss Smith and sometimes with the little
boy. She had occasionally been out with them.
She was the only servant kept at Ashburton-cot-
tages. Ann Rudgman was out of a situation, and
had resided there last week. She hadnever on any
occasion spoken of these matters in the doctor's
presence.
Frederick Prior examined—l was groom to Mr.
Burroughs for nearly four years. I had two horses
and a pony to take care of. My bedroom adjoined
Mrs. Baines's. I have seen Mr, Burroughs and
Mrs. Baines together in her day nursery, and the
night nursery where she and the children slept.
He used to come to the kitchen and call for Mrs.
Baines, and she used to go into the nursery and
stop there for some time. Mrs. Baines used to say
that she always liked Mr. Burroughs and always
should, but she never spoke well of Dr. Browne. I
have seen Mr. Burroughs and Mrs. Baines on the
common together. I passed them close. Mr. Bur-
roughs was smoking a cigar, and Mrs. Baines was
leaning on his arm. They were walking up and
down, and I passed them twice. I passed them face
to face. They must have seen me. She wore a
black dress and plaid shawl, and he had his corded
trousers on. She often went out in the evening,
and my master used to go out about the same time.
I remember Mrs. Burroughs going away to
Horsham. One night between one and two, dur-
ing her absence, I was awoke by the surgery bell.
heard Mr. Burroughs call out from the window,
"Who's there ?" and the reply, " You're wanted to
go to Warnham." Ile went downstairs. I expected
to be called up to saddle the horse, but was not. I
heard him come up in about 10 minutes or quarter of
an hour up the back stairs. He went into Mrs.
Baines's room; I could bear his voice, but I could
not understand what he said. There is quite a thin
wall between my room and Mrs. Baines's. He
remained in her room about an hour as I could
count. I heard a noise after he went into the

room and then they were quite quiet. The door
was not wide open, but it was not catehed; the
next morning Mrs. Baines said Mr. Burroughs had
gone to Warnham, about two miles off. T told the
servants what I told to-day. Dr. Browne was
then sleeping with his little boy on the second
floor.

Cross-examined—I left Mr. Holmes because the
servants could not agree. I agreed very well with
Ann Rudgman. (Laughter.) Mr. Holmes said
she and I were keeping company. We always did.
agree. I never drove out with Dr. Browne while
I was at Holmes's. I drove him out, but then it
was with Mr. Holmes's horse. (Laughter.) lam
now living at Hampstead, with Mr. Devonport.
Mr. James—Oh, that is Dr. Browne's partner.
(Laughter.)
Witness—l don't know whether he is or not. I
went to Mr. Devonport because he wrote for me.
Dr. Browne did not get me the place. I have not
seen Dr. Browne there during the fortnight I have
been there. I have seen him in London, but not
before this trial came on. I can't say where I saw
him before. I don't say I have seen him acci-
dentally,
Mr. James—Where did you first see him ?
The witness hesitated.

Mr. Baron Wilde—You must answer the question.
Witness—l met him at a coffee-shop. I cannot
say what passed. He said a word, but I can't re-
member what he said. lie said I was to go to
Devonport's. (Laughter.)
Mr. James—Where did you see him next ?
The witness made no answer.
The Judge—You must answer.
Witness—l have been once to his lodgings, at
17, Russell-street, last week, about my coming
down here. Nothing else as I know of passed—
nothing, sir.

Mr. James—Now, I ask you, on your oath, did
he not get you the place at Devonport's ?
No answer.
The Judge—Don't you know he got you the
place?

'Witness—l suppose he did.
Mr. James—Now, on your oath, had he not pro-
mised to get you a good place in London ?
Witness—Yes, he did promise, sir. (Sensation.)
Cross-examination continued—l will swear my
master did not go to Warnham on the night when
he was called up. I never knew him to walk so
far as Warnham—two miles. I mentioned this
Warnham story to the servants and Lloyd. Lloyd