The Sun.
London, England, 1857-02-05 00:00:00

CURIOUS CASE.

In the Court of Queen's Bench yesterday, before Lord
Campbell, the following extraordinary case was tried
HARRISON V. THE MARQUIS OF BATH.
Mr. M. Chambers, Q.C., and Mr. H. T. Cole, were for
the plaintiff ; Mr. E. James, Q.C., and Mr. Milward for
the defendant.
The plaintiff in this action, Adolphus Harrison, sued
the Marquis of Bath to recover the sum of 781., which he
claimed to be due to him for wine supplied and services
rendered to the defendant in the years 18534. The de-
fendant pleaded the general issue.
Mr. M. Chambers, in opening the case, said he felt deep
regret that he was obliged to state the circumstances out
of which the plaintiff's demand arose. The action was
brought to recover the sum of 781., which the defendant
owed the plaintiff for wines supplied in the years 18534
upon the order and upon the credit of the defendant. At
that time the plaintiff was living in Pimlico and carrying
on business as a wine agent and merchant. He was then in
the habit of visiting at thehouse of Madame Denis, and the
wine was supplied at her house on distinct orders, given by
the defendant. It would appear that the Marquis of Bath,
and other noblemen and/gentlemen of the first quality were
in the habit of visiting Madame Denis, but after some time
the house was suppressed, and an indictment preferred
against Harrison, Madame Denis, and another, for con-
spiring to bring over to this country young girls for pur-
poses which the jury might imagine. Madame Denis fled
to the continent, but the plaintiff (Harrison) was
. convicted
and sentenced to two years' imprisonment with hard la-
bour. After his release from prison Harrison made his
claim against the Marquis of Bath, and received 51. on ac-
count, and at the same interview handed over to the mar-
quis two letters which the marquis had sometime previ-
ously written to Madame Denis. The plaintiff Harrison
would be called as a witness, and he would prove that the
orders for the winelsvere given by the Marquis himself, but
as he had not been able to obtain payment he was obliged to
bring the present action. The defendant had not pleaded,
as he might have done, that the contract was immoral, and
that the plaintiff knew that the goods were supplied for an
immoral purpose. The plaintiff would be obliged to ad-
mit that he bad been found guilty of a criminal offence,
and he would no doubt he exposed to rigid cross-examina-
tion. He had, indeed, been ruined by the prosecution, but
that was no reason why he should not call on those who
were indebted to him for payment.
Adolphus Harrison was then examined by Mr. Cole—
He said—l am the plaintiff in this action. In 1852 I
lived in Tachbrook-street, Pimlico. I carried on the bust
ness of a wine agent. Some time in 1852 I was acquaint •
al with a Madame Denis. Sho lived in 3, Denbigh-ter.
race, Pimlico. I several times saw the defendant, the
Marquis of Bath, there. About Use middle of 1852 he gave
me an order. He said, " Harrison, send in two dozen of
port and two dozen of champagne." The price was not
mentioned. That was all that was said when he gave me
the order. I supplied ;the wines. In 1853 I had a fur-
ther order. I was at Madame Denise, and saw the defen-
dant there. He ordered six dozen of port. I supplied it.
1u December, 1853, I saw the defendant. He wished me
to go to Paris, to carry some letters. One was from him-
self to Mademoiselle Gabrielle. I received the letters and
went to Paris, and delivered the letters. I brought no-
thing back. I was absent ten or twelve days. I have
charged 201. for that journey, including the expenses. In
1854 I went to White's several times, and delivered letters,
for defendant, to Mademoiselle Lamoureux. I have charg-
ed 101. for that. I had several cabs. In 1854 I received
orders from the defendant for four dozen more wine. It
was not always from the defendant personally ; sometimes
from Madame Denis, who mid, in the defendant's pre-
sence, " His lordship wants four dozen of wine." It was
to h 3 port and champagne. lam not positive about the
port. The sums charged are fair and reasonable. I was for
some time in prison, under sentence of a court of justice.
After I came out I saw the defendant at 44, Berkeley-
square. He gave me Si. He asked me where Madame
Denis was? I said she was in Switzerland, and that
she had forwarded to me two of his lordship's letters.
I had thd letters with me, and handed them to his lord-
ship. I add I had called for my claim for the wine.
His lordship said ho was certain I was ill-treated, and
asked me what was the amount. I told him the amount
was 781., and that I thought I was entitled to three times
the amount, from the loss I had experienced and the;heavy
expenses of my trial. The defendant said he would think
it over, and I might call on him in about three weeks. He
on that occasion gave me Si. Nothing more passed before
I left.

Cross-examined by Mr. James—My name is Adolphus
Harrison Feistell. I call myself a wino merchant. I
dropped the, name of Feistell eight, nine, or ten years ago.
My mother is alive, and passes by the name of Feistall. I
was arrested on this char. e on the 22d. of Feb., 18 Si on
a charge of entrapping a Belgian girl into this house. She
went, by the name of Alice Leroy. I was tried in April,
and seutenektl to two years' imprisonment with hard la-
bour. I came out on the Ist of April, 1856. I was tried
at the Central Criminal Court. This is my handwriting.
The paper was read. It was headed :--"A. Harrison, of
Donis and Co., 3, Denbigh-terr ~co, Pimlico," and pur-
ported to he an account of wine consumed at the hone° of
"Mr. D. by his lorclehi p's-peraonal order." I was not in part-
nership with Mr. Denis. My partner was in Montevideo.
I explain the heading by saying it does not refer to Madame
Denis, bat to a man who lived with her named M. Denis.
I have known Madame Denis since 1850. She then lived
in Stafford-place. I was not present when she was arrested
there in 1850 fur keeping a brothel, when Sergeant Loom
arrested her. I knew her the day after her trial at. Cler-
kenwell. The champagne was supplied from the docks on
warrants, as walla), and the other by Mr. Dry, a wine-
merchant. I bought it of him. There were cellars at
Denbigh-terrace. Three cr four dozen at a time' were
kept there. I slept there a few times. lopened the door
a few times accidentally. (The witness was then cross-
examined on the particulars of his demand, which, among
other items, contained ono under the date of May and
June, 1854, for attendance on the defendant, and
carrying letters to various ladies, for which he charkd
101.) The plaintiff said .in May and June, 1854, I
Was in prison. (Tho particulars charged for two dozen of
champagno supplieWin July, 1854.) The witness said, I
was in prison in July, 1R54, but it was ordered in January.
I will swear that. l will swear I saw the &feed:ant at the
house in October, 1853. To the best of my belief ho was
there. I could almost swear I saw him there in January,
1854. The July, 1854, is a mistake. I swear that in
January or Felervere. an order was given by the defendant
for wine. I will not swear it eras given personally. The
defendant was present when Madame Denis gave me the
order. He came on horseback. I was not in the habit of
delivering letters to gentlemen at different clubs. I deli-
vered two letter. In December, 1853, abeut the mid Ile
of the month, the defendant sent me to Paris with lettere.
I called on the defendant in July last year. I took 20310
letters Lord Bath had written to Madame Denis. I first
saw the valet. Ho offered me something in his hand like
that, and said " His lordship sends you that." I will not
swear that I saw the colour of it. I said I required to see
his lordship. I saw him, and gave up two letters. He
gave me 51., and, as a matter of politeness, I thanked him.
(Laughter.) My attorney's name is Barrow. I instructed
him to write this letter to the Duke of Cambridge. [The
letter was read, and wag aldressed to Colonel M`Donald,
as follows :—]
" 15, Clayton-place, Kensington, Dec. 31, 1.856.
" Sir,—l am instructed by my client, Mr. Harrison, to
apply to is Royal Highness the Duke of Cambridge for pay-
ment of 841. 6s. due from him for wines supplied to him at
Madame Denis's, respecting which I understand you have
already had some communication.
" It seems there is not now the slightest doubt of the au-
thenticity of the letter of his Royal Highness, which you
imagine not, to be genuine.
" In the event of proceedings being necessary, favour me
with the name of the solicitor of his Royal Highness.
" I am, sir, your obedient servant,
SAML., H. BARUOW.

" The Hon. Jas. McDonald."
I swear I saw the Duke of Cambridge at 3, Denbigh-ter-
race, Pimlico. I swear the Duke of Cambridge gave
orders for the wine. He said ho was the Duke of Cam-
bridge to Madame Donis. I saw the Duke of Cambridge
on the bench this morning. I will not swear that was the
gentleman. I will swear Lord Somerton (who stood up
iu court) was at Madame Denis's. His was only a slight
order. I have brought an action against him for wine.
I can't swear to the date at all. I had some books. I be-
lieve they were seized by the police, stolen, or something
-- letters and all. This is the inspector who arrested me.
I had a pocketbook taken from me, which was returned
to me. I bad a lodger, entry-book, a cash-book, and a
hank-book at the Royal British Bank. (Loud laughter.)
My house was broken into, and the books were taken.
They were kept at 3, Denbigh-terrace. I had dissolved
partnership with Jackson and Harrison eight months be-
fore. The inspector said he had only taken the pocket-
book from me. I have written to several noblemen and
gentlemen for wine. I have written to perhaps a doz)n.
I instructed Barry to write. I thought he was a r.
Those applications were all for wine supplied at Denbigh-
terrace. I authorised Barry to write, but I did not See
the letters.

The following letter was then read :
" 9, Clement's-inn, Strand, July 23.
"My Lord,—The accounts due to Messrs. Harrison and
Denis, trading as Denis and Co. at No. 3, Denbigh-terrace,
Pimlico, in 1833 and 133-1, have been placed in my hands to

collect.
" I find your name in the visiting book of that establish-
ment, together with a claim of 761. due from you and various
letters and papers ending to prove the sane. -
"May I request the favour of a visit from you any day
this week, between 11 and 2 o'clock, in order, if possible, to
settle amicably, and without litigation, this claim ? •
" I am, my lord, yours respectfully,
"To the Marquis of Bath, White's Club." " Wm. BARILY.

Mr. Barry has got the visiting-book, and I believe he is
paid by their lordships to get out of the way. I saw the
book a month ago in the possession of Barry. (His Royal
Highness the Duke of Cambridge here again entered de
court and took his seat on the bench.) If it was not his
lordship (the Duke of Cambridge) who was there, he had
exactly the same features. His lordship gave me orders
for wine.
Re-examined by Mr. Chambers—l never saw Barry's
letter after he ha I written it. I hail the N baiting book and
gave it to Barry. When Leame out of prison I found the
hook among some
I said, "Hero islettersthe
in a carpet bag in a lumber room.
They all prornisedrnee 'visiting
book of those noblemen."
hina,.Government situation— (loud laugh-
ter)—if I said nig..
Lord Campbell—Wbat situation (lid they offer you ?
The witness said it wasilu ltnhde islands.
Mr. James suggested Norfolke Island.
Lord Campbell—Was it Norfolk Island?
The witness answered indistinctly, and we w
understood
_aas at 16,
him to say Nova Scotia, near Montevideo.
Tachbrook-street when I was taken up on this charge.
was of the firm of Jackson, Harrison, and Co.,lirge.ew
I
Broad-street, city. We were merchants and foreign agents.
When we dissolved partnership I had some of the books.
I took them to Madame Denis,. because I ha I no room at
I left all my b )o.ks at Madame
my apartments. Madame Denis left the country. When
I was taken into custody
pocket-book and walking-stick back,
but I got my down May,
the
but nothing else. I must have put
July. 1854, by mistake. I meant 1853. Ihav_e seen
I coneln led
defendant drinking wine in the drawing-room._
he drank it. He used to give notice when he was coming,
and Mrs. Denis used to let me know.
This was the plaintiff's case.
Mr. Edwin James then addressed the jury for the de-
fendant, and in so doing said, that whatever faults or vices
the Marquis of Bath might have been guilty of, he had
felt it to be his duty to defend the present action, in order
to resist the extortion which the plaintiff was attempting
not only against the marquis, but against several other
noblemen whom he had sued. It was not to be denied that
the marquis bad been induced to visit the establishment
kept by Madame Denis; but, though he had done so, lac
would come into the box, and deny that he had ever given
a single order to the plaintiff Harrison. lie would distinctly
contradict the plaintiff upon his oath. It was true that the
marquis had several times seen the plaintiff there, and on
one occasion he gave him a sovereign, but, beyond that, he
had never had anything to do with him, After he (the