The Sun.
London, England, 1857-06-17 00:00:00

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:This Day.)

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius at Westminster, before Lord Camp-
bell and a Special Jury.)
THE QUEEN V. EELAH-ABDUCTION.

Captain Evian' surrendered this morning to his bail,
charged with felony in the abduction of a Jewess named
Rosa Goodman. The defendant was indicted at the Old
Bailey, and the trial was afterwards removed into this
Court by certiorari.

Mr. Sergeant Ballantine prosecuted ; Mr. Sergeant Shee
and Mr. Giffard defended.

Mr. Sergeant Ballantine having detailed the particulars
of the case, which will be found in the subjoined evidence,
said that the defendant was indicted under the 9th Geo. 4,
c. 21, sec. 20, which made it felony fcr any person to
teke from the cuAody of her parents or guardians
any unmarried girl on ler the age of 16 years. The defen-
dant was originally in the Austrian service, and ha 1
lately held some office in the Middlesex Militia, and
when he first b caurta acqnein',ed with the prosecutrix
she was only between fourteen or fifteen years of
age. He represented to her that ho wished to marry
her, but that his mother, who was a religious woman, ob-
jected to a Jewess. The prosecutrix being a person of in-
experience, considered his intentions to be honourable, and
under that impression she wont with him to Boulogne to
ba married. When she get there the marriage was put off,
and ultimately he admitted that he was a married ma s.
After that she upbraided him for his conduct, and many
quarrels took place between them, and when at Mayence
he very much ill-used her. She than wrote to her father,
and he wont over to bring her home. The defendant was
about to leave Mayence, when the prosecutrix insisted on
returning with him to Ostend, where she met her father,
the defendant following them to Engaand. The defendant
was informed that if he molested the prosecutrix, he
would be given into custody, and in consequence of his
being found loitering about the father's house, there it
was that he was apprehended on this cha'rge.
Rosa Goodman was the first witness called, and ex-
amined by Mr. Ballantine. She is rather a good-looking
girl, but has the appearance of a child not more than 15
years of age. She deposed that in July, 1856, she was
living with het parents at Hammersmith ; her mother at
that Mine was very ill; and had sines died. In July, 1856,
she was walking out with a cousin who was staying with
her, and they met the defettclankin the afternoon, in
ithe
public road, at Turnha.m-green. A band was playing at
the time, to which they were listening. He came up to
them, and gave her a programme of the music and entered
into conversation with her for a short period. He told
her who he was, and said he had been trying to get an in-
troduction to her, bat that he ha 1 not been able to do so.
She mdb him again the next day near Tarnham-green, and
several times after at the same place. At one interview he
gave her his card, which some time after she gave her father
who threw it in the fire. Soon after that she went with
her family to Brighton,' where she saw the defendant seve-
ral times. He there asked her if she would marry him,
and she consented. She returned to London shortly after
and saw him frequently. He spoke of their marriage.
He said his soother was a religious woman and would not
consent to his marrying a Jewess in England, but that if
she would leave England he was sure she would consent to
their marriage. She declined to do so at that time. The
matter was spoken of several times by him, and on Satur-
day, the 23d of August, she left her father's house in Ox-
endon-street; without communicating to her father or
mother that she was about to leave. She met Captain
Erlam at the bottom of the Haymarket according to an
appointment made on the Wednesday previous. He had a
brougham waiting, into which ahe got, and they drove to
the South-Eastern Railway, London-bridge, where she
found a coupee engaged, into which they got, and
went by train to Folkestone, and thence to Boulogne,
and, without stopping, to Amiens, where they passed
the night, sleeping together in the same-bed (the witness
hero drew down her veil, but was requested to put it up).
Before getting to Amiens the defendant said he would
write to his mother an i get her consent, and marry her a
few days after at Frankfort. From Amiens they went
to Brussels, and ultimately to Mayence. During this
time ha frequently s he would marry her directly they
got to Frankfort, but they never wont there ; he never
made any other excuse than
_the one she had mentioned.
He said he was perfectly able to marry her as soon as he
got his mother's answer. At the end of about three
week's time at Mayence, he showed her a letter, purport-
ing to be from his mother, stating that witness's father
knew that he (the defendant) was a married man. Up to
that time she did not know that he was married, and after
that she refused to live with him as she had before. They
had apse-to:tests at Mayence; and he said to her that
it was useless for her to leave, that she had better remain
in the same house, and in the meantime he would write
to England, get a divurce, and marry her in a
few weeks. Defendant then had another room in the
same house and remained there till she wrote to
her father. She was then left in the house with the ser-
vant, and remained there until she received an answer by
telegraph from her father, and she went to Ostend, accom-
panied by the defendant. They arrived there before her
father. The same day that her father arrived he returned
with her in the packet to England. From that time
(October) to the 27th of April this year she did not see the
defendant. She then met him by accident in Regent-
street, and she afterwards informed her father of it. She
did not speak to him in Regent-street. When she left her
father's housieehe did not take any clothes with her, be-
cause it was arranged that the defendant should pro vide
her with what was necessary, and she found them ready
for her in the Brougham when she got into it.
Cross-examined by Mr.-Sergeant Shee—She had been
living at Turnham-green between three or four weeks
when she first met Captain Erlam. nor companion, Miss
Cohen, had only been there about a week. During that
week she had frequently walked out with her. She kuew
where the militia barracks were, but she did not fre-
quently walk past them. She walked past them seve-
ral times, but she was unable to say how many. She
did not know the mess-room window. She thought
some of the officers lived at the hotel. She had not
spoken to any of the officers before Captain Erlam
spoke to her. No one was with him at' the time he first
spoke to her. Ho never called at her residence. She gave
the defendant's cord to her father, he did not find it. She
could not recollect how madly times she had spoken to
Captain Erlam before she gave her father his card. She
could not say how often she had spoken to him. She had
walked several times with him and Miss Cohen, and
another gentleman, before giving her father his card. She
sometimes walked out purposely to meet him. She did
not meet him after dusk. She sometimes appointed to
meet him. She did not write to him whilst she resided at
Hammersmith. She told him where she lived in London,
in Oxendon street. The house had two entrances. Her
father kept a tobacconist shop in Oxendon-street, and he
was the owner of the house in Coventry-street. She re-
turned to London from Flanamersmith at the end of July,
and she frequently after met the defendant in London.
She wrote to him from London, aldressing the letters
to him, either at Hammersmith or Kingston. She wrote
several letters to him, sometimes making appoint-
ments with him, and she repeatedly met him in St.
James's Park. She was alone, but a person named Page
was generally with him. She generally met him
about four o'clock in the afternoon, and remained with
him half an hour or an hour. They walked about the park.
' She never walked with him in the streets of London. She
met him once by appointment at her dressmaker's. After
that she went to Brighton' but she did not inform him she
was going there. She did not write to him from Brighton.
She first saw him there four or five days after her arrival;
she was on the parade with her mother. She did not then
nod or beckon to him. She took no not'ce whatever of
biro. She scarcely saw him, she saw his friend. She did
not know if he saw her; his friend followed her home.
She did not see that Capt. Deem was following her. She
was residing then on the Old Steyne. She saw him on the
next day ; he asked her what time she would meet him,
and she wrote the hour on an envelope and threw it out of
I window to him. She wrote on the envelope where she
should be and the time; he did not meet her; the hour was
subbed oat, and she met him the following day at the same
place, when she appointed to meet him at the Pavilion
Gardens. During the time she remained at Brighton she
met-him nearly every day about eight o'clock in the morn-
ing at the Pavilion Gardens. She walked with him several
times on the pier, but never in the evening. Her father
was at Brighton the whole of the time. Her Uncle
Richard was there a few days. She did not know
that he saw her with the defendant. She knew a person,
named Mitchellebut she did notknow if he was ahorsedealer.
She knew a Mrs. Mitchell there. They lodged in her house.
She did not know that she was not Mitchell's wife. Wit-
ness had lodged at her house the two summers she was
at Bzighton. She went out with her whilst at Brighton.
She went with her and Captain Erlam once to Rotting
Dean. He first spoke to her about leaving home at
Brighton. He did not tell her that he could not marry
her—that he was so circumstanced that he could not
marry her. She did not swy to him that she did not care
about his marrying her, for that she would rather live
with him as his mistress than marry one of her (the
Jewish) persuasion. She certainly did not tell him that
she would rather live with him as his mistress than
with the gambling set she was living with. She
never knew in England that he was so eirculn-
stanoecl that he could not marry her. She saw him
almost daily at Brighton, and on her return to London
before she left home. She informed him by letter,
commencing "Dearest Erlam," the day that she was to
leave Brighton, and requesting him to have his likeness
taken for her. Whilst at Brighton she did not know if
she dropped a piece of paper out of her pocket by acci-
dent with Captain Erlam s address on it, and of its
being picked up by her father or mother. If she had
she thought she should have heard of it. He said he could
because by doing so he should
not marry her in Eugland,
lose several hundreds a-year. She did not agree to live
with him as his mistress before leaving England. The
letter produced was in hor handwriting, but she was unable
to say whether it was written before or after she left
Brighton. In it she stated that her reason for being so
changed and serious arose from her thinking of the pro-
mise that she had made to him, the consequences of which
she did not at the time fully understand, and how dreadful
it would be to her if, after a few years, he ceased to love
her. The promise she referred to was leaving England to
marry him. He slid he should go to America after the
marriage, and as he had an appointment at the Cape of
Good Hope, she thought that most probably she would
never again return to England. He did not tell her, either
in London or Brighton, who were his relations. He said
his mother resided at Kingston. She only mentioned his
name to Mrs. Mitchell, who said she knew him well. She
was at Amiens when she first wrote home to either her fa-
ther or mother. Sbe wrote from there the first night she
passed with Captain Erlem. They went up the Rhine to
Mayence when they went into lodgings. She did not dis-
agree with him before he showed her the letter referred to.
She had been there three or four weeks before she saw the
letter. She was there about four weeks altogether. He
pretended to bo ill at Mayence. She did not know if he
kept his bed, He might have done so one day. A medi-
cal man attended him. She did not know anything about
it, because she was not there often in his apartments. She
did not have quarrels with him before he showed her the
letter. tie left her a couple or three days in consequence
of her writing to her father. She did not know where be
went. He was away four or five days. He left her with
the servants without money, and she could not understand
a word the female servant said. She was told that he had
left 40 dollars for her with the person upstairs to take her
to England, and that he had gone either to Italy, Paris, or
Vienne. He struck her several times, and threatened to
cut her throat when she threatened to write to her father.
. No disagreement took place relative to the Prussian officer