The Sun.
London, England, 1832-04-09 00:00:00

APPEAL. AGAINST AN ORDER OF AFFILIATION.

TILE OFFICER,' OF ST. MARY, HACKNEY, RESPONDENTS,
AND JAMES MONTAGUE, ESQ. APPELLANT.
Mr. Sergeant ANDREWS observed that this was an
appeal ngainst an rder made by Mr. Broughton and
another Magistrate of the county, whereby they affi-
liated a child, borne by a young woman, named Maly

Ann Dyer, of which she had sworn the appellant,
a ge►itlernan well known in the city, was the father.
Mary Ann Dyer, a handsome, well-grown, in-
teliigent girl, was called, when the witnesses on both
sides, as well as females and juvenile spee•ator,, were
ordered out of Court,

The young woman was in the box about two
hours, and the straight-forward manner in which she
gave her testimony, which was not shaken in any
important particular during a most rigid cross-ex-
amination, appeared to excite a feeling of commisera-
tion and respect in the mind of the Court and the
breasts of the aud;ence.

She stated that she was nineteen years old last
December. She lived in Mr. Montague's family for
six or seven years, as semstress and housemaid,
first at Blackwell, and lately at Captor), in the parish
of Hackney. Dining the latter part of her servi-
tude she was in the habit of taking hot water to her
master's bed-room, or dressing-room. He had often-
times taken liberties with her, but on one occasion
an intimacy commenced, which eventually made her
a mother before she was nineteen. At this period
the appellant's wife was ill, and witness went with
her to Brighton. The lady is since dead. After
witness's return she found out that she was in the
family way, and she told Mr. Montague of the cir-
cumstance. She afterwards said to him he must
provide an asylum for her, as she should be observed
and exposed if she continued longer in the family.
She told Mrs. Dean, the cook, how matters stood,
when she said "Ah ! I thought you would take
up hot water once too much."—(Laughter.) She
left her place, when her master gave her five sove-
reigns, and her mistress, who was ignorant of her
infidelity, gave her 10s. Her parents refused to take
her in, as, for reasons then only known to herself
and master, she was induced to refuse to tell them
who was the father. She did this out of delicacy
to her injured mistress.
In the course of an Unusually prolix cross-exami-
nation, the witness declared that she owed her mis-
fortunes to Mr. Montague, and no one else, which
she knew him to be fully aware of.
Mr. Charles Henry Pulley, an attorney and vestry-
clerk of the parish of Hackney, was examined at
great length as to conversations which passed at re-
peated interviews between him and Mr. Montague,
to whose statements he paid great attention, because
he is one of the trustees of the parish of which he

(witness) is vestry-clerk. The appellant expressed
great anxiety as to the fate of the young girl, who,
he said, had threatened to drown herself. On one
occasion he said that she had conspired with the
cook and footman to degrade him. Under that im-
pression,he hied discharged his servants, for he found
that the two latter fostered the girl Dyer.
Elizabeth D) er, the mother of the girl, stated,
that the appellant came to her and manifested great
anxiety as to " poor Mary Ann"—au anxiety so
unusual, under circumstances of degradation, as,
although her daughter would not tell the truth, in-
duced her to believe that Mr. Morrague was the
father, and she accused him to his face of being the
ruin instead of the protector of her youthful daughter.
John Dyer, the father, a respectable intelligent
mechanic, lives at Poplar. The appellant came to
him and requested that he would allow his daughter
to have an asylum under their paternal roof. Wit-
ness was inflexible, and said that as he had been
without work, he perhaps should have to apply for
parochial relief. What then would be his reception
if he burdened the parish with an illegitimate
grand-daughter ? Mr. Montague said in reply, that
he had no idea of her being chargeable to the parish
of Poplar, or the child either. Witness asked him
why he gave his daughter five sovereigns as a pre-
sent. He kept to his resolution not to harbour his
daughter until she had sworn who was the lather of
her chile. She eventually affiliated it upon Mr.
Montague. The appellant tried to have it believed
that Henry Masters, his footman, nrilS the father.
Henry Masters had lived at two periods in the
appellant's service, and knew the girl Dyer. She
was remarkable for neatness in regard to her dress
and hair, which he often saw much disordered after
she bad visited her master's bed-room. When
Mary Ann went away, and was abandoned by her
parents, he and the cook, respecting her,
and believing that she had been deluded
by her master, agreed to pay her lodgings until she
was received under the parental roof. He de-
clared that he never took liberties with the girl; that
he never even kissed her in a friendly way ; and he
also proved that the appellant had spoken in high
terms of her conduct at the Bedford Hotel, at
Brighton, where she was surrounded with dashing
handsome men. The witness begged to amend the
evidence which he had given at Worship-street, by
admitting that on Christmas-day last he took some
plum-pudding and roast-beef from his master's lar-
der to his late fellow-servant Mary Ann. Both he
and the cook were abruptly discharged without a
character, because they espoused t be cause of " Poor
Mary Ann."
Mrs. Taylor, at whose house the girl lodged t 11
her confinement, deposed to the regular conduct of
sAimnnila Dr, yteesrt,imatory.
and the witness's daughter Ellen gave
The case having occupied the Court 11 hours, at
nine o'clock Mr. Adolphus moved an adjournment,
for it would be impossible to terminate the case until
hours after midnight.
The Learned SERGEANT (for the respondents)
resisted the application.
The CumitstaSr having consulted a crowded
bench, declared that the majority of his brethr, n
were favourable to the motion, and the case was ac-
cordingly adjourned.
The Court was crowded throughout the day
almost to suffocation.

Saturday April 7.
This case was resumed at ten o'clock on Satur-
day. The bench was not unusually full, but the
Court was much crowded, and a great deal of in-
terest visibly excited.
Mr. ADOLPHUS opened appellant's defence in a
speech of considerable length, and then proceeded
to call evidence.
The depositions of Henry Masters were read :
Tradesmen came and asked about Ann, and as he
had a regard for the girl, he' refused to tell where
she was. Suspected Mr. Montague froth observa-
tions made to him by the cook, who said she found the
room sometimes locked. Cook and he joked about
the matter—said there would be " a young Jemmy"
soon. Anti's hair was often deranged. On the
morning he left, Mr. Montague asked, had he seen
or heard where Ann was ; said he had not. Mr.
Montague said," Henry, this is a moment of serious
consideration as to what has become of the poor
girl." Believes Mr. Montague had been to Mrs.
Taylor's. He said, " How could you tell me such
a lie ? Send up Dean." Dean and he were dis-
charged that morning. Mr. Montague said he would
riot leave the house till they were gone. Said no
thing about anything missing. Saw Ann for the
first time the Tuesday lie left. Had seen her before
about a month or so after she went away, as soon as
she came to Mrs. Taylor's. Never saw her at Ber-
mondsey. Merely knew she was in town. Never
carried any thing to her at Taylor's, nor did Dean,
to his knowledge. Never had any connexion with
Ann. Never took liberties with her.
Helen Mary Dealt sworn—(The witness seemed
nervous at first, but became cooler as she proceeded.)
Was cook for two years and a half to Mr. Morita.
gue. Remembers the family going to Brighton.
Never suspected that Ann was in the family way,
but, en the second night after they returned flout
B ig
bed hton, Ann spoke.l to her before they went to
Oh,she Dpeaurti ,
herk o‘v
hand; hatoa-
ght
*laid to her, " Surely you
aerntatel together.
i andst.heL said(L Sheatiihgai stlit.teni:
don't." She said, when we were in bed she'd tell me
all about it. After going to bed she said she'J tt 11

r;e another time. Did not tell me that night. Next
'notting, before breakfast, she told me she had -beet)
seduced by a man at Poplar, named William Wil-
kinson, one time that she had got leave to see b,r
parents, and stop with them ad ty and night. Said
to her, " Surely Ana, you did not let any of them
Brighton fellows touch you." This was after Ann
told about the man at Poplar. She said, " No, it's
William Wilkinson." Said he was a ship,carrenter ;
and that he met her in the street, and took her
home to his mother's house. His mother was not
at home. He knew that, and that was the reason
he took her there. * * * #
Witness said " Now I believe it, Ann." Was very
sorry; loved the girl, and said, " Pray tell the truth ;
Ann said " William Wilkinson, say no more
about it ; I don't like him." Witness died all day.,
and could eat no breakfast. 'Fold Henry on the
next morning that I feared Ann was in the family
way. Ile said, " D net be foolish ; I think so my-
self." Witness never joked with Henry about Ann's
carrying up hot water once too often to Mr. Monta-
gue, nor about the young Jemmy ; never suspected
Mr. Montague : had no reason. On Thursday per-
suaded Anti to get leave to see her mother. The con-
versation about Wilkinson was on Tuesday: the family
came from Brighton on Monday. Ann got leave ; ad-
vised her to go and ask Wilkinson to marry her.
She went, and on her return sail she found that
j Wilkia.‘on had died three months before of the cho-

lera-morbus.—(Laughter.) OH Friday night she
asked witness to go and acquaint her mother with
her situation. Dal so; her mother came to Clapton
on Sunday; said the story of Wilkinson was false;
there was na such man at Poplar; that she believed
Henry was the father. Witness said she could not
believe that ; Henry was not present ; was in and
out from the pantry to the kitchen; Ann said,
't was Wiikinson. A minute or two afterwards she
said " Don't bother me, I'll never tell." Witness
was not present when Ann's situation was commu-
nicated to Mrs. Muntague, but she saw her in great
distress; the tears fell very fast on the bed. Mr.
Montague wished to know what caused the distress
of Ann's mother ; he could see her as she came to
the house from the front window ; he was told about
Wilkinson; wished to send after him to Poplar;
Ann said, he would be made a fool of; he advised
Ann to go to the workhouse. Witness never made
any arrangement with Mrs. Taylor. Henry first
proposed it; witness said she would give 1/. or 2/.
if she could spare it ; he said, he'd do his part, and
went and engaged the lodgings accordingly. Her
mother did not take Ann there; they went out of
the house together. About ten minutes before she
left Ann gave %sinless 12s. 6d., but had it all back
in a few days. (An account was handed in, and verified
by vcitness, from which it appeared that Ann now owes
her 41.175. 6d.) S Lie no money with Ann but a few shil-
lings which she had from witness. Gave her 25.6 d. to
pay to Mrs. Taylor the week after the 12s. 6d. Ann
was at Taylor's from the 21st of D.xember to the
christening. She was absent three nights from
Taylor's to witness's knowledge. After the death
of Mrs. Montague, Ann slept over the coach-house.
Henry said he brought her there. She slept there
two nights; came and slept in witness's bed one
night ; this was before she was confined. Mr. Mon-
tague knew nothing of it. Told Henry he was
said to be the father of the child ; he clasped his
hands and seemed much agitated, and said there
was no faith in woman. Some time after told it to
Ann, who then said nothing, but on another day
sad he was the father of the child, and no one else. •
This was long before she was brought to bed. She
seal it happened in the dining-room, on the sofa.—
The day Ann left, Henry gave 2s. 6d. for a bed
gown for the boy. Henry and witness were dis
charged three weeks after Ann's confinement. The
reason given by Mr. Montague was her having told
lies and engaged lodgings at Mrs. Taylor's for Ann.
Went to Mrs. Taylor's, and said to Ann, " We've
all got our discharges through you, but I did not
forget asking master for a character for you, and
when he refused that, and said he could not forget
the message you sent about going to Poplar and be-
ing made a fool of, I asked leave to refer to Miss
Nlontague; but he said, " No, no." Upon this
Arm said, " If he won't give me a character, I'll
give him one." She took the child in her arms,
and said, " Please God, the old rogue shall have
that." [Sergeant Andrews here made an observe-

lion on witness's deportment. Mr. Adolphus—Are
you sure of that ? Sergeant Andrews-I'lt sneer
it. Mr. Adolphus—Then I would'nt believe your
oath, for it was not so.] Told Henry and Ann I
would tell the truth as sure as God was in Heaven.'_
Ann came to Mrs. Hillier's at Bermondsey, and told
her what passed on swearing the child. Requested
witness to beg of Mrs. Hillier to say she had been
ten or eleven weeks at her house.
Cross-examined.—Mr. Montague used to have -
hot water carried up. Never tried the ticiors while
Ann was in the dressing-room. Might have said 110 i
but if she did it was false. Might have said she..
would go up once too often. Never said she would
carry up hot water too often. Never saw Ann'
come out of Mr. Montague's room. Will not swear.
she never said so. Will not swear she never said
that Ann was locked up in the old man's room.
Ann never said, " If you tried one, the other was
open." Joked with Mr. Bendel after she left Mon-
tague's, about his being in the room with Ann, but
knew it to be all false. Was asked by Herial, did
she not peep through the key-hole, and merely
laughed. Will not swear she did not say that the
door was locked twice. Went with Ann to a pub-
lic-house in Worship-street. Child not sworn then.
When Child was about to be sworn, did not re-
monstrate with Ann. Was lost to feeling then.
Has reflected since. Had no rest until she went to
Guildhall. After that, told Henry she would tell
all. Went to Hackney with Amt. Her conscience
-mote her before she was subpoenaed. Knew Ann
and Henry were guilty. Is sure Ann never took
water to the old man. [Witness was here examined
at some length to show that a criminal connexion
existed between her and the gardener, which she
denied.] Said to Catherine Taylor that she never
observed anything improper between Henry and
Ann, nor had any reason to believe him the father,
but that was a falsehood. Will not swear she did
not tell her that Ann was a great fool if she did riot
swear the child to Mr. Montague, nor that she re-
peatedly said he deserved to be exposed.
R. Smith sworn—Worked as gardener for Mr.
Montague. Henry slept over the stable. Saw Ann
go up and down direient times to his room. Her
clothes were d sordered. Remarked it to Henry,
and said lie had taken some liberties with her ; he
laughed and ran in doors.
Ann Butterworth saw Arm sitting on Henry's
knee one day in the kitchen. The cook was present:
Miss Eliza Turkington was called, but did not
appear for one or two minutes, which ultimately
caused a legal skirmish. The young lady then came
ind was sworn. She seemed much agitated during
her examination.—ls niece to Mi. Montague.
A Magistrate--Speak loud, madam.
Mr. CLARKSON, in a significant tone---.-Speaks
madam, to those who are hard of hearing.
xiLnAr
resumed—Came
eadm_vcerayine
her n
Magistrate—Speak to the Bench.
Mr. CLARKSON—That means to speak loud.
Magistrate—lt means both, Sir.
EMra.in C
nation
Kheartoucle"; house
gladto
. December. Went at his request to Poplar, on
lie 29th of December, to Mrs. Dyer. i
11
• Serjeant ANDREWS—The 29th ?
, Mr. CLARKSON here threw himself down on the
seat.

CHAIRMAN—RaIIy this case will never be finished.
A MAGISTRATE—I never witne,sed such conduct.
It is disgraceful to the bench and the bar.
Mr. CLARKSON—I am sorry I am not in a situa-
ion to answer that as it ought to be answered. If
meant to apply to me, I know how I ought to reply.
'Examination resumed—Mrs. Dyer told her she
had taken her daughter in September to a friend of
ler',4, a laundress, living at the West-end ; said
Ann was there from the tme she took her from
Gapton; that she had been confined there about
fors eight before ; that she herself had pawned all
her clothes for Ann's support. •(Tnis saver gave

'cession to another collision between Mr. Clarkson
and the Chairman.) . _

Mrs. Dyer said Henry was the father of the child;
thtt on taxing her daughter with it, she burst into
tears and made no reply. At another time she
(Ann) said the father was no gentleman, nor in a
condition to support the child.
Cross-examined.—Henry and the cook were die
charged on the 30th of December. Knew pre-
viously from Mr. Montague the servants were to be
Aseharged. He complained of robberies and waste
of provisions (after a pause); he gave that as his
reason. That was not his only reason. Mentioned
1180 the loss of some of Mrs. Montague's clothes.
Said he suspected Henry was the father, and if so
he would get rid of him. Vas sent to Poplar to
learn where Ann was, and whether the father was
known. Mrs. Dyer said, there was no use in goes-
‘ioning her daughter, she would not tell them, and
her father would not receive her.

Mary Life sworn—ls a cow-keeper in Spring.
lane, where Taylor lives. Saw Henry go there
sometimes oftener than once a day before and after
Mrs. Montague's death. Saw him go on Christ-
mas-day with a parcel like a dish in a cloth. Saw
him go there soon after the doctor on the day the
child was born.

It being now half-past twelve o'clock, the Court
adjourned to Monday, when further evidence will
be adduced in contradiction of appellant's case.
One of the most interesting features in the case,
and by which the Counsel for the respondents face-
tiously endeavoured to fix the appellant with the
" fathership," being, as many will say, an identity
in nature, was the circumstance of the child having
a large and peculiar foot, a " miniature," the wit-
nesses said, of Mr. Montague's, who, it was de-
posed, has a foot as like it as " two peas," only
differing in size. " The foot," excited great laugh-
ter in Court, having come within the range of" pro-
bability ;" although it is possible the appellant had
nothing to do with the formation of it; still several
persons, in examining the " babe," used to take up
" the foot," and exclaim, 44 How like Mr. Alon-
tague's !"

Mt. Montague, the appellant, is now in the 60th
year of his age. The respectability of his character,
both for his wealth arid as having been City Sur-
veyor, is well known.