The Sun.
London, England, 1861-07-17 00:00:00

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT.—WORCESTER, July 16.
NISI PRIUS.
(Before Mr. Justice Keating.)
ACTION FOR FALSE IMPRISONMENT AGAINST THE
EARL OF DUDLEY.—FARROW V. EARL OF DUDLEY.
This was the great cause of the assizes. It was a
special jury case, the plaintiff being lately under
coachman in the service of the Earl of Dudley, at
Witley Court, in this county. The action was
brought under the following circumstances :—A
young girl, named Mary Tyler, lived at a lodge
near Witley Court, and had formed an acquaintance
with the plaintiff, the result of which was the birth
of a child. Letters passed between them, and the
girl represents that Farrow had promised to marry
her, but on his subsequent refusal she represented
the matter to her master, the Earl of Dudley, inti-
mating at the same time that the plaintiff had first
assaulted her against her will. Farrow, however,
denied this, stating that they had met frequently by
previous arrangement, and that she was entirely a
consenting party to all that took place. However,
on the 2d February last the noble defendant called
Farrow before him, asked him for a true statement
of what had occurred, which the plaintiff says he
gave him, but that the earl ordered him to be hand-
cuffed and taken to the police station, where he was
kept until the 4th, when he was examined at Wit-
ley Court, before his lordship and Sir T. E. Win-
nington, Bart., IM.P., on a charge of rape, but the
case was dismissed. He now brought his action
for false imprisonment. The sum of £lO had been
offered by the noble defendant, it was said, but re-
fused.

Counsel for the plaintiff, Mr. Sergeant Pigott
and Mr. James ' • for the defendant, Mr. Huddle-
ston, Q.C., and Mr. Phipson.
The court was cleared of females and young per-
sons during the trial, which excited great interest.
Mr. Sergeant rigott having opened the case,
and stated in detail the facts as briefly glanced at
above, called
Thomas Farrow, the plaintiff, who was under
examination two hours. He deposed that he was
formerly in the service of Sir Joseph Bailey and
other gentlemen as coachman and helper in stables,
and that he came to Earl Dudley's service with a
four years' character. He gave his account of his
first meeting with the girl .Mary Tyler on the 23d
October last. He was walking along the road near
Witley Court, when be met with her and asked
her to allow him to accompany her for a short dis-
tance. She did not object, and they entered into
conversation. They walked as far as the turnpike,
when she said he must not come any further, as
renewed.
was
oblobliged , Another
to
leave
her father would see. They bad connexion, she
being, according to the witness's account, equally
ba ucyt he was
willing, and appointed to meet on the following
Sunday, when theiandetin:
appointment was m
with the establishment for London, and did not
keep it. Letters passed between the
wanted him to marry her, and becausem, and she
he refused
she told his master what had happened,
Routed that what had occurevir _ but re pre-
had been agunat

her will. When he was called before his lordship
on the 2d February his lordship asked him to tell
all that had occurred, and he did so. His lordship
asked for a letter, which the witness had received
from Mary Tyler, which witness fetched. A por-
tion of the writing was torn off—perhaps to light
his pipe with, and his lordship on seeing it said :
"This is just what I expected. You've been burn-
ing this."
[The letter was read. It was without date, and.
requested Farrow to send her all her letters as she
was going to leave that part of the country, and
did not wish to trouble him to write any more
letters. It also upbraided him for having done her
" the greatest injury," but that part of the letter
was torn.]
His lordship repeated that he (witness) had torn
the letter purposely, and said he should send for
the police superintendent (Raby), and have him
locked up, that he should have prison diet—bread.
and water—and that he would have him sent for
penal servitude. He added that he would make
him an example for the rest of the establishment.
Supt. Raby afterwards came and handcuffed him,
and took him to the police-station in the village,
where he was kept until Monday morning (this
being Saturday afternoon). He had meals there—
supper of bread and cheese, breakfast of coffee and
bread and butter, dinner a slice of mutton and
potatoes, and tea in the evening. He slept in a
room up a ladder—(witness afterwards described
the ladder as steps without any sides)—and had a
mattress and rug. There might have been four rugs
—he did not remember. On the Monday morning
he was taken to Witley Court, before Lord Dudley
and Ward, Sir Thomas Winnington, and the clerk
to the magistrates. The regular petty sessions are
held at the Hundred House, about a mile from Wit-
ley Court. After hearing the statement of the girl
Tyler, and the cross-examination by Mr. Pullen,
who attended as witness's attorney, the case was
dismissed. After that Lord Dudley said witness
was a worthless fellow, and that he had killed two
valuable horses for him. As he was leaving the
room with Mr. Pullen, his lordship said he should
detain him, and he was detained for a few minutes.
while the clerk took down a description of him.
His lordship said he believed that the statement of
the girl was true, that he had forced her, and that
he ought to be indicted for perjury.
In cross-examination by Mr. Huddleston, the wit-
ness admitted that he was guaranteed against all ex-
pense in this case, but denied that he had ever told
Lord Tredegar's coachman so. He did communi-
cate with some one when at the lock-up, but declined.
to say who, lest he should get him into trouble.
It was a fellow-servant. Two persons came to the
police station and saw him, Mr. Hammond (who
sent him some cider) and Mr. Arthur, landlord
of the Hundred House Inn. The girl in her de-
position stated that witness had said that he had to
pay to four bastard children, and that he made it
his boast that he seduced every respectable girl he
could. Witness denied that he had ever made such
a boast.

Mr. Pullen, attorney of Worcester, who defended
Farrow when before the justices at Witley Court,
gave his version of what took place there, which
corroborated the evidence of Farrow. There was
some conversation between Earl Dudley and himself
as to his presence there. Lord Dudley said he was
there only on sufferance, but Mr. Pullen claimed
to be there as of right, as his lordship had made his
private house a justice room. When the charge was
dismissed, and his lordship said he should detain
Farrow, witness told him that if he did Farrow
would have his remedy against him and that he
should defend him. His lordship said Farrow was
a worthless fellow and a liar, and ought to be
charged with perjury—that he would do what he
could against him—that• he would take care the
girl swore the child—and that he would take the
girl's deposition on that allegation at once. This
was done, and it appears a summons was issued at
once, citing the plaintiff to appear before the magis-
trates on the 29th of August next (which would be
about a month after the child will be born, in the
natural course of events).
Some other evidence of a formal nature, and not
materially altering the above facts, having been
given, the plaintiff's case closed.

Mr. Huddleston, Q.C., then addressed the jury
on behalf of the noble defendant, justifying his con-
duct in every particular.

The Earl of Dudley and Ward was next called,
and gave his version of what took place before him.
He considered the plaintiff's statement as to his
connexion with the girl, that it had taken place in
a public highway, between an inn and a turnpike,
that he had repeated his conduct thrice in the
same evening, so improbable, that he could
not believe him. He considered he was a
liar and a bad man, and had called him
so. Farrow was only a weekly servant, was paid
weekly, and was at liberty any week to leave
his service. Considering the gravity of the charge,
therefore, he (Lord Dudley) did not feel justified in
disposing of it by himself summarily on the Satur-
day, nor did he feel justified in setting him at liberty,
after his threat to leave the country. He had there-
fore ordered him to be kept in custody until the
Monday, when he had the assistance of a brother
magistrate. It was very likely he had called him
a worthless fellow, for that was his impression.
Had never threatened him with penal servitude or
prison diet. When Raby came he told him he must
be answerable for the safe custody of his prisoner,
and that he had better, therefore, put the handcuffs
on him.

His lordship was under cross-examination when
the last train left for London.

COUNTRY MARKETS.

BRISTOL-JULY 16.

At our market to-day there was a very fair attendance of
millers, who were buyers of wheat to a moderate extent, at
last week's prices. Oats and barley rather dearer. Peas
not so much pressed.