The Sun.
London, England, 1858-12-04 00:00:00

LAW INTELLIGENCE. Dec. 3.

COURT OF QUEEN'S BENCH.

Sittings at Nisi Prins at Westminister.---(Before
Lord Campbell and Special Juries.)

SKAIFE V. DAIIKES.-COLNEY-HATCH ASYLUM.
The trial of this action, which was brought by
the representative of the justices of Middlesex
against the defendant, Mr. Daukes, who is an
architect, for alleged breach of contract in the course
of superintending 'the erection of the Colney-hatch
Asylum for lunatics, was resumed at the sitting of
the court to-day.
Mr. Daukes, the defendant, was cross-examined
by Mr. Atherton at considerable length, but with-
out eliciting any matter to shake his examination
in chief.
The next witness called was Mr. Myers, the
builder of the asylum, whose evidence in the main
corroborated the defendant's testimony.
When Mr. Myers' examination had concluded,
Mr. Atherton, who appeared for the plaintiff,
rose and said, that as the justices thought that the
case had been answered by the defendant, it was
their intention not to proceed further with the
action, and therefore they would consent to a ver-
dict being entered for the defendant.
Lord Campbell—The case has been most properly
conducted from first to last by the counsel for both
sides. I think no discredit ought to attach to the
magistrates for the county of Middlesex in institut-
ing this inquiry, but I think it has resulted in an
entire exculpation of Mr. Daukes from all the im-
putations which have been alleged against him.
The magistrates have been misled, not by any bad
professional advice as far as the law is concerned,
but the advice of-rival architects. We have heard
a great deal of odium medicum and of odium theo-
logicum. I think architectural odium seems to be
greater than either. We have had a number of wit-
nesses on the part of the plaintiff, who evidently
were rivals of Mr. Daukes, and I think they made
a very ungenerous and unjust attempt to under-
mine his reputation. lam very glad that this has
undergone a public inquiry, and the result is most
satisfactory and most creditable to Mr, Daukes,
and I think that the magistrates are absolved from
all blame in the course which they have adopted.
The Attorney-General—The great object of Mr.
Daukes was to 'vindicate and maintain the cha-
racter he has always borne. He is perfectly satis-
fied with what has fallen from your lordship ?
Will your lordship certify for a special jury ?
Lord Campbell—Yes.
Lord Campbell—l am requested by the jury to
say that they heartily concur in the opinion I ex-
pressed with respect to the result of this inquiry in
favour of Mr. Daukes.

The announcement of Mr. Atherton and the
observations of the learned judge were received by
the spectators in the court with some applause.

TITMAS V. WINDSOR.--SEDUCTION.

This action was brought by the plaintiff to re-
cover damages for the seduction of his daughter by
the defendant.

Mr. Huddleston and Mr. Giffard were for the
plaintiff; and Mr. M. Smith, Mr. Karslake, and
Mr. Buller for the defendant. _ _

From the opening statement of Mr. Huddleston,
it appeared that the plaintiff, Mr. Titmas, was a
man in humble life, in the service of the North
Western Railway Company, and living at Camden-
town, and that the defendant, Mr. Frederick
Windsor, was a gentleman of independent fortune
aged forty, residing with his mother at West Cliff,
near Pegwell Bay. The plaintiff's daughter,
Maria Titmas, represented as near seventeen years
of age, went to live with the defendant's mother as
housemaid, and while in that capacity the defen-
dant, under the promise of marriage, seduced
her. On discovering that she was enceinte,
she returned to the house of her parents, where
in due course • she gave birth to a child. Sub-
sequently. the connection was renewed, and she be-
came again in the family way, but the second child did
not survive. During the whole of thisperiod the de-
fendant continued to write to her in the most
affectionate terms, expressing for her always the
greatest attachment and fondness. After stating
the above facts the learned counsel read some of
the defendant's letters. In one the defendant en-
closed £5, and in another he gave permission to
the plaintiff's 'daughter to call the child " Frede-
rick," after himself, and expressed his entire con-
fidence in her fidelity towards him.
At this stage of the proceedings,
Lord Campbell said he thought from the tenor of
the letters that it might be possible for the parties
to come to some arrangement which would obviate
a very painful investigation in a public court.
Acting upon his lordship's suggestion the parties
left the court to discuss the matter, and on their
return,

Mr. M. Smith intimated that they had agreed to
withdraw a juror.
This was accordingly done.
It was understood in the court that defendant
had agreed to pay a sum of X3OO.