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

INTELLIGENCE.—(This Day.)

SECONDARIES COURT.

(T3ofore Mr. Seccndary Potter and aSp ciAl y.)

t3IITII V. DITTERTRE.-EXTRAORDINARY CASE OF cnim. CON.
--DAMAGES 3,0001.

This was an action for a criminal conversation with
deferant's wife, and came before the Court undefended,
for the jury to ni*ess the damages.
Mr. Wilde, Q.C., and Mr. Holland appeared for the
plaintiff.
Mr. Wdd:., in stating the case to the jury, said that
the plaintiff in this case was a young n an of very high
c )nneciions, and in 185 he was married to Miss Hid,
the euject of the present proceedings. They lived
on the happiest of terms, and visited the Continent,
where they became acquainted with Mr. Win. Henry

Dutertre, the defendant in this action, with whom they

became very intimate, frequently being in each other's
compnny, and going out on shooting and fishing EX-
cursilns. In 1854 plaintiff had to leave PariQ, by the
sudden and serious idness of his father, and, while
gone, the defendant was in communication p'ain-

:ifl's wit:, and friends, and was on the mot,t friendly

terms. His father died, and plaintiff returned to Paris,
where he j.)ined his wife and friends. There the
same happiness and tranquility prevailed. Plaintiff
had to leave Paris again, in consequence of a bi:l
that had paned the House of Lords affecting
his property. Ile 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

,he unforLunate circumstance arose which completely

upset the happiness of plaintiff and his family. The
learned counstl then read several letters which had
bee❑ written by plaintiff to his wife and vice versa, and
showed that they lived on the most affectionate terms,
Re then sail 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 though it was her
husband. After that it could be proved that 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
t 0 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 plaintiff's happines, could
never be repaired with damages. Let them only ima-
gine the fearful shock to the plaintiff in breaking his
happiness, and yet the defendant lived quietly in Paris
with plaintiff's wife, and never came folward with even
one word of explanation. The declaration laid the dam-
ages at 3,0001., but 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 ma❑ of property. In the year 1852, Miss Hill,
who was aftvrwards 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 seen 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 bad left. He advised
plaintiff to take the first train to go to Weymouth. He
did so.

Mrs. Seatel, a sister of plaintiff's, spoke to tlay affection
which always existed between plaintiff an.l 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's brother-ir-law, and Capt.
Fayrar, gave similar evidence—the latter saying that
M. Dutertre, the father of Leopold Dutertre, the defen-
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 in which plaintiff and his wife lived
—but it was unnecessary to call any more.
The Secondary was of the same opinion.
Charles Oliver was then called. He said 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 lady in the carriage. The lady got
out, and when on the platform she ki4sed him. They
spoke in French. He had since been to Paris and iden-
tified the lady and gentleman as M. Dutertre and Mrs.
Smith.

Mark Flowerded, waiter at Radley's hotel, South-
ampton, proved seeing defendant at the hotel before
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 last witness to Paris. When he went to the
house the door was opened by a strvant, 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.
Dutertre afterwards came ont 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-
ne,,s told h-r that he was going to England to his master.
Mr. Westerton, cl, rk to Uhintiff's attorney, said he
went to Paris to identify the parties. He saw them
both. Ho served the writ on Mr. Dutertre while in bed,
and• Mrs. Smith was in the bedroom with him. They
passed as man and wife, and lived there together. There
were only two rooms.

The Secondary summed np, and told the jury the only
question was for them to decide the amount of damages.

The Jury baying deliberated, returned a verdict for
the full amount-3,0001.

LLOYD'S SHIPPING.—(This Day.)

__~_ _.

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 ; l!dindola, Callao.
STORNOWAY, April 30.—The Sir William Wallace, from
Aberdeen for Quebec, has put in leaky, and must be taken
to the Slip to make good her defects.
OFF THE LlZARD.—Zurich, from New York for Hoare.
PORTSMOUTH, May I.—The Peninsula (s.s.). from London
to Cadiz and Gibraltar, got in collision, at 2.45 a.tn., 14
miles off the Owers, with the Imperial Prince (schooner),
from Newport to Harburg, which sank in a (railer of an
hour afterwards; mate and one man drowned; master
and four men saved, on board the Peninsula, which has
bows stove, and fore compartment full of water.

(PER ELECTRIC TELEGRAPH.)
LIVERPOOL, Friday Morning.
Wind N.W.

Arrived—Eliza Bane, from Cardenas; Janty
Santander ; Blondine, Africa ; Affrain, Faro ; Fratornitas,
Copenhagen.
Sailed—Caroline, for Odense; 1k Yin Mari?, Narva :
Phccnix, New York; Mercury, Newfoundland.

Wind E.S.E. QUEENSTOWN, April 29.
Arrived —Alindera, from Callao ; Harriet., St. John's,
Newfoundland.

WATERFORD, April 23.
Wind F.
Arrived— Saree Maria, from Ibralia.
Sailed —Erin. for Quelx c.

(BY SUBMARINE AND BRITISH TELEGRAPH.)
GRAVESEND, Friday, 9.39 a.m.
Wind northerly; tide two hour's ebb ; fine.
Arrived, May I—Tropic, from Barbatoes; Active, Os-
tend ; News, Charente.
Sailed, May 1 --Carl, for Launceston ; Emulous, Bar-
badoes ; Naprino, Trinidad ; Winfield Scott, Port Phillip.
DEAL, Friday, 9.27 a.m.

Wind N.N.E., moderate.
ParS3(l, April 30—Crusader, from London, for GlaFgow ;
Orkney, from London, for Sydney, New South 'Vales;
Ann, from London, for St. Vincent.
Passed—George, from New York, for Hamburg.

THE TERMINI OF THE ATLANTIC TELEGRAPH.--SOME
tol., ens of jealousy are perceptible in the the American
newspapers, as well as in the Senate, at the fact of the
termini of the Atlantic telegraph being both in Brit:st,
territory. Without adverting to the wry obvious phy-
sical reasons for this arrangement, we may exoress our
belief, as well as hope, that it whi never become a matter
of political importance. We perceive that Mout Maury
has recently published his opinion that any direct line to
the 'United States would be impracticable, from the :Duct
greater depth of ocean, and from the prolongation of Cat,
cable to 3,000 miles, a length probably beyond the power
of transmission of a single electrical cut rent.—Edinburgh
Renew (NeveNumber).