The Sun.
London, England, 1859-02-21 00:00:00

COURT OF COMMON PLEAS.

;Sittings at Nisi Prius, in London, before Lord Chief Jus-
tice Cockburn and a Special Jury.)

GARDNER V. GODFREY,

EXTILAORDINARY CHARGE OF

SEDUCTION.

This was an action to recover damages for seduction, and
the plea was not guilty.
The case was opened on Saturday, and continued to-day.
Mr. Edwin James and Mr. Barnard appeared for the
plaintiff, and Mr. M. Chambers, Mr. Serjeant Ballantine,
and Mr. Brown for the defendant.

It was stated, in opening the case, that the action was
brought by a licensed victualleiln the Whitechapel-road,
and the defendant was in practice in Mount-place, Mount-
street, Whitechapel-road, as a surgeon. The girl, the
plaintiff's daughter, who had been seduced in Jan., 1858,
was not then 15 years of age. The defendant had attended
the plaintiff's family for some years as a medical man, and
he did so during the illness of the plaintiff's wife, who died in
March, 1858. Whilst the mother was on her deathbed the
defendant was actually seducing her child, who was then, of
*purse, deprived of the care of her mother. Another fact in
the case was, that the defendant in the course of these pro-
ceedings had made an affidavit denying distinctly that he
had ever had any improper connection with the plaintiff's
child.

Caroline Vincent Gardiner deposed—l am the daughter
of Mr. Henry Gardiner, licensed victualler, of Whitechapel.
I was 15 years of age last April, and before Christmas, 1857,
I was at school at Red-hill, near Edgeware. I came home
for my Christmas holidays on Dec. 17, 1857. I had known
the defendant before that time for many years. On my re-
turn home from school I found he was attending my mother,
who was confined to her room, and afterwards died
on the 4th of March, 1858. On my return home till 15th
January I constantly saw the defendant at my father's
house. About that time he asked my mother to allow me to
visit Mrs. Godfrey, and remain with hqr for 'a
week or a
fortnight. My mother said she could not spare me ; she was
so ill. He said, " Oh, very well, let her comae for a day."
She replied she could only spare me for two or three hours ;
on which he replied, " I'll come and fetch you at three
o'clock." He did so, and I went with him in his cab to his
residence in Finsbury-square, when he introduced me to his
wife. Whilst I was there Mrs. Godfrey left the dining-
room, and I was left alone with him, when he came and
kissed me three times. I left about ten o'clock with the
defendant, in hie cab, to return home. There were two
seats in the cab. I sat with my back to the horse, and the
defendant on the opposite to me. He wished me to sit
by his side, but I told him I would father sit where I was.
After that he wanted me to sit on his lap, but I declined,
and told him I would rather not. Ho then pulled me on to
his lap, and I tried to get away, but he prevented me, say-
ing, "Do not be frightened." I said, "You will spoil my
dress," and ho told me to turn it up. I declined, and he then
turned it up. He danced me on his knee, and acted inde-
cently to me. I said " Leave off, doctor,. I would rather
sit on the other side." He said, "Never mind, I won't
hurt you ; I always attend ladies. I love you
too much ; I won't do you any harm." I at-
tempted to get away from him, and he said, "Don't tell
any one that I ever kissed you." During this time he hurt
me very much, and told me not to tell pa or ma, for it
would break their friendship off. After some struggling I.
got to the opposite seat. The defendant took me to his
surgery, nearly opposite to my father's house. I waited
there some little time, after which he walked across with me
to my father's house, at the same time cautioning me not to
tell my parents, or he would not make me any presents, nor
take me to any of the pic-nics lie would go to. He said he
did not think I was quite well—that I was a little :poorly.
I said I did not think I was. After this I saw him from

time to time when he called to see my mother ; and on one
occasion he gave me a ticket for a ball at the London
Tavern ; he lent us his cab, and I and my brother went to
the ball. A fortnight after he called and saw my mother in
bed. I was in the sitting-room, the back room on the first
floor, practising my music. Whcm he came into the room he
said, " Never mind me ; go on." I had been in the habit of
singing and playing to him, when my mother had been
present, I sang him a song on this occasion, and when I
had finished he said, " I want to speak to you ; come here."
I went to him. He sat down ort the couch and pulled me
on his knee. Witness then gave other details. He said,
" I hope you will never tell any one that T have kissed
you ;" at the same time he said, "If you call out, you will
kill your mamma." When he lot me go I opened the door
and went into ma's room. He followed me a second or two
after. Just before this happened ho had given me a scent-
bottle.

A Juryman—How far was this from your mother's room ?
Witness—A landing separated the back room from the
drawing-room where my ma was confined. He did not
fasten the door of the back room, but left it a little way
open. When he gave me the scent-bottle he said he would
give me a better present some other day. A few days after
I was in my mother's room when Mr. Godfrey came in, and
as he left the room he kissed me in my mother's presence.
I went into the sitting-room with him, where he wished
me to sing to him again. I did not sing, and I ran away
saying, " I can't stop now, for mamma is all alone." I re-
member having a conversation with Lavinia Spratt, my
father's housekeeper, some time after, when the defendant
had called to see my mother. On his leaving I went out
with him on the stairs, and he kissed me. Lavinia Spratt
saw him do it. I told her what the defendant had done to
me, and I requested her to do something, and from that
time the defendant had never after an opportunity of seeing
me alone. I remember the death of my mother. The
defendant visited her before that event. I was in the room
with my mother, sitting on the sofa. He came and sat on
the sofa also, but not near to me. I was then aware my
mother was dying, and I was in a state of great distress.
He said, " Never mind, don't cry ; everyone must die, and I
will be a papa and ma to you." This was on the night of
the 4th of March, when my ma died. In April the
defendant sent me same medicines—one a pink colour, and
the other was very thick, and of a dark colour. It made
me feel sick after taking it ; but it had no particular smell.
I did not take the whole of the thick dark mixture. A few
days after he had sent the medicines he called and saw me
in the .presence of Lavinia Spratt, the housekeeper. He
told her she was to stand over me and. make me take my
medicine, in consequence of her having informed him that
I had not taken the last half-bottle. lie did not tell me
what the medicine was for, but he had spoken to the house-

keeper. He also said at this time ha wished me to come
over to his surgery at one o'clock exactly, or a little after.
Lavinia Spratt said, " Very well; she shall come." I said
I did not wish to.

By the Judge—l was not aware there was anything the
matter with me when I took this medicine.
Examination continued—l recollect, the defendant coming
in August, when I was in my bedroom and undressed. He
did not come into the room, but I came out on the landing.
Lavinia Spratt was present. He told her to unfasten my
dress, as he wished to listen to my chest. When my dress
was unfastened be pulled my neck about, and felt me about
the body. I was afterwards sent by my father with Lavinia
Spratt to Mr. Debenham, surgeon, who examined me and
informed me I was in the family way. He examined me
in the same way the defendant had done on the landing.
Whilst the defendant was examining me, Lavinia Spratt
said, " There can be no occasion for that, doctor; you ought
not to do it." Ho said, "You know nothing about it;
allow me to understand it, as a medical man." My father'
at the time was in the sitting-room, and he opened the door
on to the landing. The defendant said to my father that
I had a weak chest, and if I were not looked after I should go
off like my mother (my mother died of consumption). After
Mr. Debenham had examined me I was sent to Eltham,
and had a lodging in Miss Lucas's house. Mr. King, sur-
geon, attended me, and on the 10th of October I was con-
fined of a male child, which is still alive.
Cross-examined by Mr. M. Chambers—l went to Mrs.
Gibbs' school at Red-hill. There were about 40 girls there.
I never told them there I was 16 years of age. (Witness
wept very much.) My father keeps the Black Bull. I was
at the school about twelve monthl. I had been to school
before that, and came home at Christmas and Midsummer.
My father has kept the house all my lifetime. When home
for the holidays I used to go to bed about eleven o'clock at
night. Never served in the gin-shop. I have been in and
out there, but not at night time. I have been at the bar
door for a short time at night. I never particularly noticed
the women who came there. I don't know if most of them
walked the streets. I don't know what they were; but I
have seen women served by Miss Spratt, Jane, the barmaid,
and my brother. There was a female servant named Oliver,
but she never served at•the bar.-- The women, who came in
were sometimes accompanied by men who treated them,