The Sun.
London, England, 1857-05-01 00:00:00

MART ET NEWS.—( rhis ay.)

A.W INTELLIGENCE.—(This Day.)

SECONDARIES COURT.

(Before Mr. Secondnry Potter and a Special Jury.)
SMITH V. DIITERTRE.-EXTRAORDINARY CASE OF CRIM. CON.
-DAMAGES 3,030/.

This was an action for a criminal conversation with
defendant's wife, and came before the Court undefended,
for the jury to assess the damages.
Mr. Wilde, Q.C., and Mr. Hollsnd appeared for the
plaintiff.
Mr. W.lle, in stating the case to the jury, said that
the plaintiff in this case was a young n an of very high
cannections, and in 1852 he was married to Miss Hill,
the sul:ject of the present proceedings. They lived
on the happiest cf terms, and visited the Continent,
where they became acquainted with Mr. Wm. Henry
Dutertre, the defendant in this action, with whom they
Ereatne very intimate, frequently being in each other's
company, and going out on sheeting and fishing ex-
cursions. In 1854 plaintiff had to leave Paris, by the
sudden and serious illness of his father, aid, while
gone, the defendant was in communication with plain-
tiff's wife and friends, and was on the most friendly
terms. His father died, and plaintiff returned to Paris,
where he joined his wife and friends. There the
same happiness and tranquility prevailed. Plaintiff
had to leave Paris again, in consequence of a bill
that had passed the House of Lords affecting
his property. He again returned to Paris in a short
time. Nothing occurred in the year 1855 of any im-
portance. It was in the autumn of the year 1856 that
the unfortunate circumstance arose which completely
upset the happiness of plaintiff and his family. The
learned counsel then read several letters which bad
been written by plaintiff to his wife and vice versa, and
showed that they lived on the moat affectionate terms.
He then said that defendant and plaintiff's' wife appearen
to be on the same terms in 1856, nothing more
intimate; but on the 4th of Dec. in that year while plaintiff
was in Paris, and his wife staying at the house of her
sister, she suddenly disappeared, and nothing more was
heard of her, although plaintiff came immediately to
town, until it was discovered that she had gone to South.
ampton, and that defendant was staying at Radley's
Hotel, and when she arrived she rushed out of the train
and affectionately kissed defendant, as thoeigh it was her
husbend. After that it could be proved twat defendant
and Mrs. Smith had been living together :or some days,
and that plaintiff had found that the days which he
thought this Frenchman spent in friendship had been
used to seduce his wife. He would not go at any
length into the particulars of the case, but with regard
te the question of damages, he must remind them
before a man could get divorced from his wife that a jury
must give him damages, but he hoped Soon to see this
state of the law altered, so that these painful investiga-
tions might be conducted more privately. The misdeed
of the defendant, the manner in which he had broken
every, tie that existed in the plaiutifl's bappines, could
never be repaired with damages. Let them only ima-
gine the fearful chock to the plaintiff in breaking his
happiness, and yet the defendant lived quietly in Paris
with plaintiff's wife, and never came forward with even
one word of explanation. The declaration laid the dam-
ages at 3,000/., bill-, if the jury gave that, it would not
be a sufficient reparation for defendant's wrongs.
Mr. John Wilson Smith said he was the only living
brother of the plaintiff, who was a barrister. His father
was a man of property. In the year 1852, Miss Hill,
who was afterwards plaintiff's wife, came down on a
visit, and they appeared very fond of each other. After
they were married they often went to his father's house,
when they appeared on the most affectionate terms up
to the latter end of the year 1856. He was with plain-
tiff and his wife while in Paris, and the defendant with
others were on visiting terms. There was nothing par-
ticular with defendant and plaintiff's wife. When he
saw his brother at the end of 1856 he was in a most
agitated state in consequence of what had happened
with his wife.

Mr. Isaac Penny, of Liverpool, said he married one
of the plaintiff's sisters. He had often sem plaintiff and
his wife together, and they appeared most happy and
loving. On December, 1856, plaintiff was with him at
Liverpool when the telegraphic message came from
Weymouth stating that his wife had left. He advised
plaintiff t') take the first train to g) to Weymouth. He
did £O.

Mrs. Seatel, a sister of plaintift.g, spoke to the affection
which always existed between plaintiff an 1 his wife, as
did also a cousin of Mr. Smith's, who spoke particularly
to the engaging manners of Mrs. Smith, who was very
accomplished and a general favourite.
Mr. T., Ridgway, plaintiff a brother-in-law, and Capt.
Fayrar, gave similar evidence—the latter saying that
M. Dutertre, the father of Leopold Dutertre, the defeu-
pant, was a very wealthy man, being the highest in the
place.

Mr. Wilde, Q C., said he had many other witnesses to

peak to the manner hi which plaintiff and Lis wife lived
—but it was unnecessary to call ar.y more.

The Secondary was of the same opinion.
Charles Oliver was then called. He eatd he was head
porter at the Southampton Railway station. He remem-
bered defendant being on the station in December last
waiting at the station for the train, and when it arrived
he recognised the Icily in the carriage. The lady got
out, and when on the platform she kiised him. They
spoke in French. He had since been to Paris and iden-
tified the lady and gentleman as M. Datertre and Mrs.
Smith.

- -
Mark Flowerded, waiter at Rag.ill's hotel, South-
ampton, proved seeing deien(la,nt At the hotel btbre
the arrival of the 11 o'clock train from Dorchester, and

after that he waited at breakfast on Mr. Dutertre and
Mrs. Smith. He identified them at Paris in the Rue de
Luxembourg, No. 37.
John Roberts, was servant to Mr. Smith, and went
with the lait witness to Paris. When he went to the
house the door wag opened by a sirvant, who said they
were at home. He saw Mrs. Smith come out of the bed-
room, and she said, "Oh, Walter, is that you." Mr.
Dutertie afterwards came out of the bed-room. Mrs.
Smith wanted to speak to witness privately, and asked
him if his master was in Paris, and how he was. Wit-
ness told hsr that he was going to England to his master.
Mr. Westerton, cl. rk to I hintiff's attorney, said he

CORN EXCHANGE.
Th
0.2 .81IPply of English wheat on offer in to-day's market,
and by land carriage, was very moderate, and
wtiir condition. The amount of business doing in all
ere was by no means extensive, yet Monday's prices
ext suPported Fine foreign wheats sold to a moderate
elo en
t. at full currencies. Infelior samples moved off
on
"tto as dear former te•ms. Floating cargoes of grain were
„, as on Monday.
cgr4here was a fair inquiry for most kinds of barley, at full
then rceZas a fair inquiry far malt, at full prices.
b" e had a fair consumptive inquiry for oats, at the late
Beans,lsr -"eruet in value.
penas, and flour realised Monday's currency.

went to Paris to identify the parties. He saw them
both. He served the writ on Mr. Dutertre while in bed,

Irish •• •

ARRIVALS THIS WEEK.
Wheat. Barley. I Malt.
3,430 1 I 3,590

Porei;i;::::: 1 3,-230 117,190

Oats,

Flour.

360 2,140
1,690 --

14,020 12,220

METROPOLITAN CATTLE MARKET.
The
Shi,„ "Pray of beasts in our market to-clay was Eeason-
For most breeds we had a slow inquiry, at
tue°"ars prices. Sheep, the show of which was by no
L-48 extensive mved off heavily, at a decline in the
tlcaitations of 2(l' per Sibs. The lamb trade ruled heavy,
€8 4d rice, gave way 4d per 81bs, the top quotation being
816 ,Per Sibs. We had a slow sale for calves, at 2d per
much Ltess money, The supply was moderate. Pigs and
cows were rather droopkg in price.
Per Bibs to sink the offa,s.

Isteri s. d. s. d.' s. 4. 8 .
Pri:
Bee. °fi nea4
qttalitysts.....3 8 4 OLA imrge erso. ca10...3 4to 3 6 PreSouthdwn 5 8 6 0
ve 3 6 4
26
Prikeel,,,arge oxen 4 2 4 8 Prime small do 43 86 54 2
Intel.; 'cote, dte. 410 5 0 Large hogs
Bee;j7Boep ...4 4 4 8)3mall porkers
114,—"' quality ...4 10 5 Ouelcling ealves 23 0 30, 0
-6 `4rBe•-wlled.s 2 5 61Quarter old pigs 21 0 `,B 0
Lamb, 53 6d to 6s 4d.
13eas.. ETOTAL SUPPLY: FOREIGN surpLY.
40
Ghee ......... ..
120
Calves
and lambs
SS
1,,,,i es
.................. 192 Calves
1.8 ...... . ................ 239 Pigs —

NEWGATE AND LEADENHALL.
The,
trade generally ruled heavy, at drooping prices.

-
s. d. e. d
Mutton, Inferior 3 2 3 6
Do., middlin. 3 8 4 0
Do., prime 4 2 4 8
Veal.... 3 4 4 8
Pork, small 4 4 5 0
a to 6s OJ.

Per Bibs by the carcase.
s. d. s. d.
bltto interiOr
...... 3 0 3 4
ahng..... 3 6 3 10
large
et; prinae large.. 4 0 4 2
NV°. small ....4 4 4 6
...... 3 8 4 2
Lamb, 5s

and Mrs. Smith was in the bedroom iNith him. They
passed 9,3 man and wife, and lived there together. There

The,, • BOROUGH HOP.
good They la a steady, though not to say active, demand for
and fine hops, at full prices. In other kinds, very
14.! a doing, on former terms.
(4-141,„ and East Kent pockets, 3/ 10s to 5/ 12s ; Weald
. 11 0,
31 s to 31 Sussex, 3l Os to 31 Us ; year-
-108 to 3/. per cwt.

were only two rooms.

The Secondary summed up, and told the jury the only
question wa3 for them to decide the amount of damages.
Th Jury having deliberated, returued,a verdict for
the full amount-3,0001.

LLOYD'S SHIPPING.—(This Day.)

-----T -

LONDON. May 1.--Wind this day at noon, N.E. ;
light breeze and fine.
FALMOUTH, April 30.-- Sailed—Surge, Coquimbo;
Witch, Miramichi. Off Port—Gidour, Mauritius.
BIDEFORD, April 30.--Wind N.—Sailed—lntended, for
Prince Edward's Island; Inspector, Miramichi .
QUEENSTOWN, April 29.—Arrived—Harriet, from St.
John's, Newfoundland ' • Mindola, Callao.
STORNOWAY, April 30.—The Sir William Wallaco, from
Aberdeen for Quebec, has put in leaky, and must be taken
to the Slip to make good her defects.
OFF THE LlzAßD.—Zurich, from New York for Hoard.
PORTSMOUTH, May I.—The Peninsula (s.s.) from London
to Cadiz and Gibraltar, got in collision, at 2.45 a.m., It
miles off the Owers, with the Imperial Prince (schooner),
from Newport to Harhurg, which sank in a crarter of an
hoar afterwards; mate and one man drowned; master
and four men saved, ou board the Pt ninsula, which has
bows stove, and fore compartment full of water.

TE COLONIAL.
reQ. At the public sales of this article full prices were
co 'aed for good qualities of both greens and blacks. and
roon congou sold at is per lb.
ex lIGAIL —The demand for both home consumption and
Portation
l' continues active, and some large speculative
urrhases have been made at au advance of about 6d per
etwt °/1 previous rates. The refined market is firm with
e°C
goods on offer.
°PPM—Plantation Ceylon met with less enquiry and
quotations rather declined. Native ruled dull at previous
tate,.
ItlM—There has been a very limited business done and
,Prices generally rule rather easier.
i) -"ultSeveral large transactions have taken place in
rnerara, and fully previous rates are current for superior
qualities.
P4lcEs•—b fair amount of business has been done in
e 2e. nutmegs, and ginger, at fully former prices, but
SAer and pimento were rather cheaper.
SALTPETRE.—Very little business doing and prices are
"r6tallY unaltered.
TALLow.—The market has been exceedingly quiet, and
Aces may be quoted rather easier. P.Y.C. on the spot
to 553 3d, last 3 months 53a Od to 643 per cwt.

F 1-1 E SUN, fLOND6N, FRIDAY EVENING, MA V- 1 c 857,

COURT OF COMMON COUNCIL.

Yesterday a Court was held for the despatch of public
badness.

DEATH OF THE DUCHESS OF GLOUCESTER

The LORD MAYOR read the following communication,
which, upon the motion of Mr. Deputy DAKIN, seconded
by Mr. CONNELL, was ordered to be entered in the
j-mrnali of the Court :

" Whitehall, April 30,1857.

" My Lord,—lt is with great concern that I ieforna
your lordship of the death of her Royal Highness the
Duchess of Gloucester, which took place at Gloucelter-
House this morning at a quarter after five o'olock.
"I request that y3ur lordship will give the dlreclions
usual on such occasions for tolling the great bell of St.
Paul's Cathedral.—l have the honour 0 be, my lord,
your lordehip'e obedient servant, -
(Signe " G. GBEY.
"To the Right Hon. the Lord Mayor,
&c. &c.:'
QUESTION OF PRIVILEGIII.

A. discussion t-onk place in reference to the proceed-
ings taken to investigate the charge against Sir W. Mag-
uey, on the motion of Mr. BLAKE -" That the members
of this Court be permitted to inspect all the official docu-
ments in the possession of the City solicit)r affecting a
member of this corporation."
An amendmet t was proposed by Mt. ANDEBTON, but
it was not seconded, and the original motion was carried.