The Sun.
London, England, 1858-07-08 00:00:00

LAW INTELLIGENCE—(This Day.)

COURT OF QUEEN'S BENCH.

(Sitt;ngs at Nisi Prius at (Guildhall, before Mr.
Justice Wigarna,e arcl. Giattn,:. Jnry,)

DANIELS V. LOWDEN. -EXTRAORDIN AKY

Th. s was au action for the recovery of the ill'rekteS
of an atm uity granted by the defendant, formerly a
person of property, to Miss Edlin, daughter of Mr.
Edlin, formerly of the Pheasant Inn, Charford,
Essex, with whom be bad. lived. The defendant
was sued by the trustee, wad he pleaded, first, that
he had paid the annuity by defraying the ex-
penses of Miss Edlia and, her children up to the
time of his leaving her ; socondly, that it was given
for an immoral consideration. The amount claimed
was about 3001.

Mr. Sergeant Ballan tine and Mr. Garth were
counsel for the defendant ; Mr. Huddlesten, Q. C.,
and Mr. Russell were ccnneel for the plaintiff. -
The onus of proof of the pleas rested with the de-
feniant to prove his case first.

Mr. Sergeant Ballaritine having stated the facts
he should rely on, called the following witnesses :
Mr. John Edlin deponed he now lived at Pin-
ner. He formerly kept the Pheasant Inn at Char-
ford. The defendant Lowden came to reside in the
neighbourhood in 1850, and lodged with him occa-
sionally. Witness had a daughter called Martha.
The defendant afterwards took a house near. He
did not know then of any improper intimacybet weeu
them, nor did he threaten the defendant or to kick
his daughter out of doors. The defendant and his
daughter left Charford and remained away some
months ; on their return he believed they took a
public-house at Uxbridge, and lived there several
years. He frequently saw the defendant after their
return, and on one occasion the defendant wriggled
himself into his house with a friend and bad a drop
of gin, when he proposed to provide for his daugh-
ter. He had previously threatened to give the
defendant in custody for robbing witness's house
and running away with his daughter. The de-
fendant's mother was alarmed, and said his d Augh-
ter would come to no harm, and would be well
provided f; r. He was very angry about the de-
fendant's conduct. After the defendant re:urnt•d
witness drew up a paper, which was signed by
both of them. The paper was a deed of gift
for 50/. a-year from that ' date. The defen-
dant, in the document, detcribed himself as
the son of the late Mr. John Lowden, of Loudon,
who was buried in St. Catherine Crees, Loudtn.
The defendant and his daughter afterwards resided
in a public•house at Uxbridge, and afterwards they
went to London to reside. He afterwards saw them
occasionally driving through Charford in a carriage
and pair.

Cross-examined by Mr. Huddleston His
daughter was 17 years of age, and the youngest of
the family. When she ran away with the defend-
ant his daughter knew nothing of the memorandum
at the time it was drawn up.

Mr. Lowden was called—He deposed he was the
defendant in this action. In 1850 he went to Char-
ford to reside. He took a cottage there, and during
the repairs he lodged with Edlin. Defendant
formed an intimacy with the daughter, and < ft..r lie
went to his house she caaw to see him. The father
knc;v of it, but he said nothing about it. Defendant
left with Miss Edlin, and went to Brighton with
her, where they remained some months. He went
away with her because her father had struck
her several times. On their return he saw
the father, who said nothing to him about their
going away. The agreement produced was entered
into by him. About the time of his giving the agree-
ment he was introduced to the plaintiff, who said
the agreement was not a proper one, and he said be
would draw up a proper deed between them ; and
the deed upon which the action was brought was
drawn up and executed about a year after the first
agreement was entered into. After he returned from
Brighton, Edlin asked him to settle something upon
his daughter in the event of his death or leaving,
which he (witness) readily consented to do. The
first child was not born before the first agreement
was entered in:o. He however was not certain of
it. Edliu's daughter lived at Uxbridge two years ;
then they went to Southampton to reside, and
afterwards in Keppel-street, Russell-square. They
then lived in Coleshill-street, where they separated,
he going in the spring of the year to France. His
affairs at that time were embarrassed. She fol-
lowed him to Calais. He remained in France about
eight months. She found him iu France two
months after he was there. Ho had no
idea of her joining him there. They lived
in France together, but he returned
without her. It was at the time of his bank-
ruptcy in November last. On his return to Eng-
land he determined to leave her in consequence of
information he received from his servants relative
to Miss E 11in's conduct. He then communicated
with his solicitor, and negotiations were entered
into for a separation. During the time she lived
with him she lived in luxury. He provided every-
thing she required in France as well as in England.
She remained for some time in France with It.r
children. It cost him inure than 1,0001. &year
ou an average. She had servants to wait upon her,
and everything she required. He had given her
from 201. to 100/. at a time.

Cross-examined by Mr. Huddleston He did
not seduce Miss Edlin. He might put it stie se-
duced 11 m. (Laughter.) He was about 26 years
of age at the t.me. He was a married man a' the
time with two children, One six, the other four or
five years of age. He did not :know what ago Miss
Eau was. He could not judge her age.
She looked more a woman than 17 years of
age. It was in consequence of Ler father striking
her she asked him to take her away, and he went
with her to Brighton. He had had five children
by her. The improper intimacy commenced in her
father's house. She did not kr,ow where he was
going when he left her. He lia,l not made up his
mind whore he was going till he got into the train.
She found out afterwards where he was gone. Be
did not desert her, because he !etc her with every-
thing. He did write to her to inform her where lie
was. Ho did not know if be deserted his wife, or
she left him. Be left her in France, and that was
about all he knew of her. He left his eldest son
by his wife with Miss Edlin in France. She had
her children there with her. Miss Edlin had a tox
of jewels. He told Mr. Thompson, his solicitor, to
write to his son John by his wife, to get Miss
Edlin's box of jewels and return with it to Eng-
land. He instructed him to write to his son to
return with all his property. He could not say for
certainty what was in the letter, or what he told
Mr. Thompson to write. He only wanted his clothes.
The jewels were his own. Miss Edliu might have
worn them. Some of them were his mother's. He
had seen Miss Edlin in the streets siiste he hal 1,-f,
her, but he had had nothing to do with her. He
was now 33 yesirs of age. He left his wile for the
same cause he had left Miss Edlin.

Re examined—He was obliged to go to France
to avoid arrest. His solicitor advised him to go
there, or he would be put into the Queen's Bench.
There were several executions against him at the
time. His brother was ariested and put in prison
for one of witness's debts the day after he (witness)
left London. He gave instructions that all the
jewellery belonging to him should be brought to
him, and Miss Edlin's were to be given up to him.
They might all be worth 101. or 201. He did not
know if she bad worn his mother's jewels.
Evidence was then given to show that attempts
had been made to amicably settle the ma ttr by
giving Miss Edlin GO/. a-year fur the maintenance
of horself and two children—the other deed to be
cancelled ; or he would give her 50/. and take the
youngest child himself to maintain. She wished to
have the three daughters to maintain, and be paid
extra for them. Mr. Lowden objected, because he
wished to put the girls to school at Southampton.
Mr. 11, ,wdr n would discharge all debts and claims
then due. She afterwards consented to accept the
601. a-year, but the negotiation went off, as she
said she hail consulted an eminent lawyer, who
had told her there was more than 3001. due to her,
and that he would carry it through ff.r k_r for
nothing.
Anne Newman, servant to Mr. Lowden, deposed
that she had lived in his and Mis Edlin's service five
or six years. They lived very, comfottably, and when
at Southampton they kept six servants.

This was the defendant's case.
Mr. Haddlesten contended the defendant had
not made out his case on the pleadings:

Mr. Garth argued there was a case to go to the
jury, ( specially on the fourth plea, that the deed was
given for an immoral consideration.
His Lordship ruled there was no case to go to the
jury, and a verdict was taken for the plaintiff for
2751. with stay of execution, to allow an arrangement
being made for the future.

THE CHARGE AGAINST ME. .H. V. T
u ARDINE.—Mr.
H. V. Jardine, late agent" of the Commercial Bank in
Lockerbie, has been indicted for trial before the High
Court of Justiciary in Edinburgh on the 21st inst. The
only charge in the indictment is one of theft by house-
breaking, and has reference to the sum of 8401. alleged
to have betn stolen from the bank by Mr. Jatdiue.--
DUMfriel Courier