The Sun.
London, England, 1850-08-15 00:00:00

ASSIZE INTELLIGENCE.
HOME ClRCUlT.—Guildford, Aug. 13.

'Before the LORD CHIEF BARON and a Special Jury.
CASE V. BARER.

This was an action for crim. con., to which the de-
fendant pleaded not guilty. The damages were laid
at 2,0001.
Mr. M. Chambers, Q.C., Mr. E. James, Q.C.,
and Mr. Wordsworth were for the plaintiff; Ser-
geant Shee, Mr. Bramwell, and Mr. Norton for the
defendant.
Mr. CHAMBERS said that the case he was about to
lay before the jury was one of the deepest importance
to the plaintiff. He charged the defendant upon this
record with having seduced and debauched his wife,
and that injury was aggravated by the fact that the
plaintiff and the defendant bad been for many years
on the strictest terms of intimacy, And friendship, and,
as he was instructed, the latter had taken advantage
of the confidence of his friend and inflicted the
serious injury upon him of which he now complained.
The plaintiff, Mr. John March Case, was a navy
agent, carrying on his business in the Adelphi, and
the defendant was a Parliamentary agent in Spring-
gardens, and as he had before informed them, for
many years before the plaintiff was united to the
unhappy lady whose conduct formed the subject of
the present inquiry, they had been on the most
friendly terms. In May of 1838 the plaintiff became
acquainted with the young lady, Miss Turner, who
was at that time living with her mother and step-
father," and after some courtship- they were married
at Lambeth Church in February, 1839. Before the
marriage the plaintiff was not acquainted with the
precise condition of the family, and he (the Learned
Counsel) thought it right to inform the jury, as no
doubt it would come out in the course of the case,
that the lady was an illegitimate child. The parties
lived in happiness and harmony, and one child was
the result of their union, to which they both seemed
devotedly attached. Mrs. Case, however, it appeared
was not a very good-tempered woman, and he was
sorry to say that after they had been married some
time differences .and quarrels arose between her and
her husband, and, according to his instructions, the
defendant did all in his power secretly to foment
those discords for his own base purposes; and he be-
lieved that under his advice in the beginning of 1849,
the plaintiff quitted his house for a short time, and be

would read them a letter written by defendant to him
during his absence. He was instructed that this
letter was written for the most base and treacherous
purpose, for while apparently the object of the de-
fendant was to heal the differences that existed be-
tween the parties, he believed there was very little
doubt that at this very period the defendant had suc-
ceeded in debauching the plaintiff's wife, and the
real object he had In view was to enable the guilty
intimacy to be carried on with greater security. The
letter was as follows :
" 29, Spring-gardens, Feb. 2, 1849.
" My dear Case,—Mrs. Case is disposed to let things
remain as they are. You know her great economy, so
that except in rent, I don't think there can be any saving
by having the furniture sold and the house disposed of,
and it will be prudent at all events to see what time—a
few months—will bring about. It must do good to you
and to her, besides it is better as regards Mr. Bailey,
who may not know any thing about your differences. I
think she continues greatly to desire to live with you,
and in time all things may come right. I hope so, and
I hope you will not destroy all chance of this by refusing
to satiction the arrangement. Depend on it that this
will be for your own and little Emma's interest; but I
don't want you to be guided by what I say. Consult
Bastern, if, as I suppose, ho knows any thing of your
family concerns. tie says she is in want of money.
She cannot ask 'Mr. Bailey for any without stating
what it is for, and this, of course, she does not wish
to disclose. I asked her to say how much she wanted
'per week, but she says she would rather leave this
to you, and be a tisfied with what you will do. Now,
pray do this; it binds you to nothing, and does
not place you in a false position, no matter what
may arise. She says there are a few debts for little
Emma, and that 5/. would pay. 'Send this also. What
I want you to do, and to appear is, that though you are
angry and determined not to live with her, yet you will
treat her generously. This has more effect on a
woman's temper and disposition than anything, and
really I do sea such evident signs of affection for you,
and of real grief, how matters are, that I am in hope—
strong and confident hope, that by mutual explanation
and forbearance, you will in time find in a re-union the
cementing 'of your mutual happiness. Enclose in a note
to Mrs. Case' the sum you intend giving.
"Yours, my dear Case, truly,
" T. BAKER."
If the letter had been written in a fair and honest
desire to settle the unhappy differences between the
plaintiff and his wife, no complaint could be made of
the terms in which it was couched ; but if, as he
was instructed, it was written with the treacherous
and perfidious object such as he had.suggested, it
was for the jury to say whether this was not a
grevious aggravation of the injury which the
defendant had inflicted. The Learned Counsel
then explained that the Mr. Bailey referred to in the
letters was an old gentleman who took a great in-
terest in the welfare of Mrs. Case, and who upon her
marriage with the plaintiff settled 1,7001. upon
her, and afterwards had acted most kindly to her
upon many occasions; and it appeared that the de-
fendant had also been made her trustee, and this, he
said, of course gave him some influence over her,
particularly when the plaintiff also accepted him as
the mediator between him and his wife ; and there
could be tio doubt that the defendant had basely
taken advantage of those circumstances to seduce her.
Soon after this period the plaintiff and his wife lived
ticuffideidda:
together again, but he discovered, to his misfortune,
that her conduct was now completely altered. She
shtheoardietxbtiosetfsocirhneohoaellwraahtyresaasppeared attached to her home and
hoommee,
late
ed
at
tt
nhiegrhdt,esiarte
length
her child, but now these feelings no longer appeared
Blackheath.t . She w
a
and the frequent occasions Her
upon
whichrepe
shee
returned
enagntswearrotuosette sus-
piciontihnequirie
ohreichadocmcaadsieono
of
as
sheto ascertained sayfals
and had
this been to
outrosee
thnee
dhad
tbheaetn , shethi
this
used w
at to
increased his
and upon
Baker could have any share alienatinginrea
that his friend Mr.
Aoft
hfiirastthe wife,plhaiunt inc:
the affection
a cwhileircumstance occurred
home on a visit to his child, he was absent from
which at once fixed suspicion
upon that gentleman. ,

It appeared that, on the 25th pf August in last year,
a gentleman called while he was• away, and Mrs. Case
came down to him,' shooklands with him, and took
him into a parlour, and the servant having some sus-
picion what was going on, watched the parties, and he
believed that upon that occasion an act of criminal
intercourse took place, and that Mr. Baker, was the
guilty party. He thought he ought to state that the
servant upon this occasion said that Mr. Baker was
not the man, but this he believed was owing to the
circumstances under which she saw him, for upon a
third occasion, when she saw him in his ordinary
dress, she at once identified him as the party. From
this time the plaintiff broke off all counetion* with
his wife, and having reason to believe that
the defendant continued to carry on an illicit
intercourse with her, the necessary steps were
taken to obtain the reqhired information upon the
subject, and also with regard to the defendant's pre-
vious conduct. He then proceeded to state, that the
defendant was seen to meet Mrs. Case; on
several
occasions at Vauxhall, and they were traced to the
Rose and Crown Inn, at Wirabledon, and there could
be no doubt the adulterous intercourse gad been car-
ried on by them at that place on repeated occasions,
until at length• the necessary steps were.. taken, and
Mr. Stafford, the plaintiff's solicitor, accompanied by
other persons, proceeded to the Rose and Crown, and
the parties were iaentified; These were the facts,
and it appeared Co him that they would establish a
case-of the basest perfidy against the defendant. He
was looked upon.as a dear friend,.he was entrusted
with the sacred task of endeavouring-to settle the
unhappy differences between th 3 plaintiff and his
wife, and he took a base advantage of these circum-
stances still further to foment discord between them
for his own wicked object of seducing the unhappy
woman. The damages were laid at 2,0001., and
when the jury had heard all the facts, he b-lieved
they would consider that sum not at all too large to
be paid by the defendant for the wrong he had com-
mitted.
The following evidence was then adduced :
Mr. It. Shaw deposed that he was present at the
marriage of the plaintiff and his wife, on the 22d Fe-
rbruary, 1839, at Lambeth church. He had known
Mr. Case for many yeari, but was notat all acquainted
with his wife before the marriage. Witness visited
them occasionally after the marriage. Mrs. Case was
an accomplished lady-like young woman, and from
what witness saw they appeared to live comfortably
and happily together. They used sometimes to speak
" sharply" to one another ; but he never heard them
quarrel.
By Sergeant SHEE—,-Could not recollect the places
they lived at when he visited them. He only went a
few times. He remembered the birth of the first child,
Emma. It might have come a little before the pro-
per time.—(A laugh.) He did not observe that the
plaintiff, s wife was pregnant at the time of the mar-
riage ; but he knew the child was born before the
proper time. The plaintiff did not upon any occasion
tell him that the child was born six months after the
marriage. Mrs. Case was about 19 when the mar-
riage took place. During some of his visits they both
showed temper. Mrs. Case had no relative present at
the marriage.
a
Mr. Londensock, clerk to the plaintiff, deposed that
Aliedecarried
notnhatbtubseindeessfenadsanat
wnasvya
Parliamentary agent in the
agent, living in Spring-gardens. The plaintiff was
about 35 years old, and the defendant between 40 and
50. They were on intimate terms.
The witness then identified the handwriting of the
letter referred to in the opening speech of Mr. Cham-
ber', and it was put in and read.
Cross examined—Never saw Mr. Baker at Mr.
Cases's table. He was remarkably grey for his time
of life.

Hannah Charlton deposed that in 1849 she was in
die service of the plaintiff, at No. 16, East-place,
Kennington-road. It was the custom of Mr. Case
to go on Saturday to see his daughter, who was at
school at Blackheath, and he generally stayed away
till Monday. She remembered Saturday, the 25th
of August in last year. On that day her master
went to Blackheath as usual, and the same evening
her mistress went out and did not return till
twelve o'clock at night. The next day she
noticed that her mistress was dressed smarter than
usual, and she was frequently standing at the
drawing-room and parlour window, as though she
expected some one. About two o'clock a gentleman
called and inquired for Mr,Case.
_She told him he
was not at home, and be- appeared to- he feeling for a
card, when Mrs. Case came down, shook hands with
hiin, and asked him into the parlour. She particularly
noticed that the hair and whiskers of this gentleman
were quite grey. Witness went into the back kitchen,
and in consequence of hearing a noise in the room
where Mrs. Case and the gentleman were, she went.
upstairs, and on trying to open the door she: found it
was fastened. Having her suspicions roused she went
into the garden, and got a pair of steps, which she
placed against the window, and mounted upon them
and looked into the room. The witness then gave
evidence which left no doubt of the commission of a
criminal act by the parties. After the gentleman had
left the house Mrs. Case told her if Mr. Case should
make any inquiry not to say any gentleman called,
but to say that no one had been but Miss Baker. A
short time after this Mrs. Case rebuked her for some
neglect, and she told her in reply that she knew of
something which she would not like to have told.
A day or two after this the *plaintiff made
some inquiry of her,
and she told him what
she had seen. She was afterwards taken by Mr.
Stafford, to the defendant's house, and she saw him in
his night shirt and a dressing-gown, and unshaved,
and could not recognise him as the same gentleman who
had come to her master's house on the 25th August.
She was taken to see him a second time, and then she
could not identify him, because it appeared to her
that his whiskers were darker. The third time she
was accompanied by Mr. Case, and she was then cer-
tain Mr. Baker was the man. On the 23d of No-
vember she saw the same gentleman in company with
Mrs. Case. At this time the plaintiff and his wife
were separated ; but she had lived near him in the
Kennington-road, and witness saw Mr. Baker go into
her house with her.
Sergeante etSEithEeE
time
_Amner. hßearkegrenwtleams gentleman accom-
panied
stranger them.
he came to the house in
August. She was still in Mr. Case's service. She
said nothing of what took
By
to hr
until a month after-
wards, and then not until she place
had a quarrel with Mrs.
Case. She was very fidgety," and her master told
her she was not to obey her
mistress unless she pleased.
to
Her mistress had ordered her take some clean linen
up stairs, and she said she
would do so the next
morning, when her mother, whoh was present, said she
would not keep any servant w
to her, and her mistress ,said ne"other w"
"ou she,impertinent
dpertinent
ordered her to leave the house thati dwy andit was
and
upon this that she made the remark about
a
knw
something respecting her mistress that
would neotiabge
agreeable to be told. Her master heard what she
said, but made no remark at the time, but soon after-1
wards he asked her what she meant, and she told him
the story. She went to the window to
peep, out of
mere curiosity. .She suspected what was going on,
but she did not intend to say 'anything to her master,
but merely to gratify her own curiosity. Mr. Case
took her into his service without any character. The
plaintiff and his wife were not very good friends.
They used to quarrel almost every day. They never
appeared to be on good and affectionate terms, such
as a man and wife should be on. During the time
she was in Mrs. Case's service, her husband only
went out with her once. She never accompanied him
to visit the child at Blackheath. " The, plairitiff used
to go out almost every night by himself, and Mrs.
Case also used to go out, and sometimes she Went out
before him.
Re-examined—When Mrs. Case went out,- she
used to say she was going ao Mr. Bailey's. She took
a little too much to drink sometimes after dinner, and
then they used to 'quarrel. When this happened,
Mrs. Case would pull her shoes off, and ler hair fall
about her face, and she would open the window and
want to call for a policeman. This very frequently
happened after dinner. • •
Frances Fairlomer, chambermaid at the Rose and
Crown, Wimbledon 'deposed that- she remembered
Mr. Stafford, the solicitor, coming to the inn on the
21st and 29th of June last year, and on the latter day
he was introduced to a lady and gentleman. The
same lady and gentleman had been to the house a
great many times before. She could not say exactly
when they first came, but it was about twelve months
prior to this time. They were there generally twice
a week, and usually came about two o'clock, and or-
dered dinner at five. The room they occupied was a
front room, which opened into a bedroom, and this
was the room they always occupied; except when it
happened to be engaged.. In the winter time they
used to go away by the six o'clock up-train, but they
afterwards hired a fly' from the house, and-then they
did not go away till nine or ten o'clock. She never
heard their names, but they were known in the house
as the Vauxhall lady and gentleman, because the fly
always set them down at that place. They always
came alone.
Thomas Mapp deposed that be knew the plaintiff
and the defendant, and, by direction of Mr. Case, he
had watched the residence of the defendant in Spring-
gardens upon several occasions. On the ll,th October,
1849, he saw Baker come out of his hOuse; and