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

la-1W li4raI.....LIC;ENCE-(This Day.)

COURT OF QUEEN'S BENCH.
(Sittings at Nisi Prius at Guildhall, before Mr.
Justice Wigtitmati and a Common Jury.)
DANIELS Y. LOIVDEN.—EXTRAORDINARY CASE.
This was an action for the recovery of the arrears
of au annuity granted by the defendant, formerly a
person of ptoperty, t 9 Miss Edlin, daughter of Mr. •
f..rta,..rly of the Pheashnt Inn, Charford,
Essex, with wh An be had defendant,,
was sued by the truAee, and ,he pleaded, fist, that
he had pad the annuity by defraying the ex.
penses of Miss Edlia and her children up to the
time of his laavi ttv her ; secondly, that it wss gives
for an i or4l consideration. The amount claimed
way a=. .out 3001.

Mr. Sergeant Dallantine and Mr. Garth were
counsel for the defendant ; Mr. Huddlesten, Q.C.,
and Mi. Ru-sell were count-el for the plaii;tiff.
The onus of proof of the pleas restA with the de-
feril,,nt to prove his case first.
_ _

Serg.Cillt &llatitine having stated the facts
be should rely on, called the fol:owing witnesses : •
Mr. John Ellin deponed he now lived at Pin-
ner. He formerly kept the Pheasant Inn at Char-
ford. The defendant Lowden came to re?ide in the •
ntighbourhood in 1850, and lodged with him occa-
so;t:.lly. With(s-s had a daughter called Martha.
di.tAid*ut afterwards took a house near. He •
did LkiioW then of any improper intimacy between
thetn, nor d:d he threatu the defcndaut or to kick
his daughter out of doors. The &fondant and his
daughter left Charford and remained away some
plinths ; 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 had a drop
of gin, when he proposed to provide for his daugh-
ter. lie 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 daugh-
ter would come to no harm, and would be well
provided for. He was very angry about the sle- •
fendant's conduct. Afte:. the defendant returned
witness drew up a palter, which was signed by
both of them. The paper was a deed of gift
for 501. a-year from, that date. The defen-
dant, in the docirment, described himself as
the son of the late Mr. John Lowden, of Loudon,
who was buried ire St. Catherine Crees, London.
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 Ellin. Defendant
formed an intimacy with the daughter, and after he
went to his house she came to so., Luu. kite ismer
'snow rf 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
tile 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.°. He however was not certain of
it. Edlie's daughter lived at Uxbridge two years ;
thin they went to Southampton to reside, and
afterwards in Eleppel-street, hussell-square. They
the:, 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 in France two
months after ho was there. He had no
idea of her joining him there. They lived
in France together, but ho returned
without Ler. It was at the time of his bank-
ruptcy in November last. Ou his return to Eng-
land he determined to leave her in consequence of
information he received trout his servants relative
to Miss Ellin's conduct. Ho 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-
tldng she required in France as well as in England.
She remained for some time in France with her
children. It cost him more than 1,0001. a.year
on 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 Mies Edlin. He might put it she se-
duced him. (Laughter.) He was about 26 years
of age at the t.me. Ho was a married man at the
time with two children, one six, the other four or
live years of age. He did not know what age Miss
Edliu was. He could not judge her age.
She looked more a woman than 1.7 years of
age. It was in consequence of her 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 hcuse. She did not know where he was
going when he left her. He had not made up his
mind where he was going till he got into the train.
She found out afterwa►ds where he was gone. He
did not desert her, because he !eft ber with every-
thing. He did write taller to inform her where he
was. He did not know if be deserted his wife, or
she left him. He let t h3r in Fiance, 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 box
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 hie 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 enly wanted his clothes.
Tue jewels were les own. Miss Edllll might have
wore them. Some of them were his mother's. He I
had seen Miss Edlin in the streets since he had left
her, but he had had nothing to do with her. He
was now 33 years of age. He left his wife for the
same cause he had Jett Miss Edlin.

Re examined—lie 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 teveral executions against him at the
time. [lli brother w,,s arreited and put in prison •
tor one of witnes,'s debts the day after he (witilees)
left London. He ;:ave iilstruct'ons 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 had worn his mother's jewels.
Evidence was then given to show that atteMpts
bad been made to amicably settle the matter by
giving Miss Edlia 601. a-year fur the maintenance
of h,rself and two children—the other deed to be
cancelled ; or he would give her 501. and take the
youngest child himself to maintain. She wished to
have the three daughters to maintain, and be paid
extta for them. Mr. Lowden objected, because he
wished to put the girls to school at Southampton.
Mr. L .wden 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 had consulted an eminent lawyer, who
had told her there was more than 3001. due to her,
and that he would carry it through for her for
nothing.
Anne Ne wman, servant to Mr. Lowden, deposed
that she had lived in his and Miss Edlin's service five
or six years. They lived verycotnfortably, and when
at Southampton they kept six servants.
This was the defendant's case.
nol\ltlmd
r.aiel.iollidtlhesitscerl aseeoonntetnhdeepdietandeindoe.fendant had
Mr. Garth argued there was a case to go to the
jury,giye n especiallyfor au
immoral theon
fourth
consideration.plea, that the deed was
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 Mu. H. V. JARDINIL—Mr.
H. V. Jardine, late agent of the Commercial Bank in
bockerhie, has IN en indicted for trial before the High
Court of Justiciary in Edlnhurgh on the 21st inst. The
only charge in the indioLinent is one of theft by house•
breaking, and has reference to the sum of 340/. alleged
to have been stolen from the bank by Mr. Jerdinee'"
Dumfries Courier.