The Sun.
London, England, 1857-07-07 00:00:00

CARTER V. CLEMENT.-LIBEL.

This was an action to recover damages for libel.
The defendant pleaded not guilty, and also a plea
in justification, alleging that • the statements coin- ,
plained of were true.
Mr. C. Russell appeared for the plaintiff, and Mr. .
Knowles and Mr. Clark for the defendant.
The plaintiffhad been formerly superintendent of
the nursery at the Marylebone Workhouse, and the
defendant was the publisher of the Observer news-
paper. The action was to recover damages for a
libel published on the Ist of March last, and which
was in these terms :—" Disgraceful Plunder of
Pauper Children in Marylebone Workhouse.—On
Friday, at the meeting of the Marylebone Board of
Guardians, a discovery of one of the most cruel and
shameful species of robbery that can possibly be
imagined was brought to light by Mr. Barrett, the
newly elected master of Marylebone Workhouse. It
appears there are several Roman Catholic nurses and
helpers in Marylebone Workhouse, and that on Ash
Wednesday they obtained permission to go and hear
mass on that day. Instead of the religious ceremonies
they profe•sed to be anxious to take part in proving
of any benefit to them, the majority returned back
to the workhouse at night in a state of drunkenness,
and others have not been heard of since. Several
of the delinquents were brought before the rota for
their conduct, and one or two of them at-
tached to the Infants' department imagining that
they had been exposed by the chief nurse of the
ward, in retaliation, arid to revenge themselves,
made a revelation against the chief nurse in ques-
tion, that she was in the habit of robbing the poor
h( Ipless children of their food, which she secreted
and carried away by stealth from the workhouse,
as occasion offered. The depository of the pur-
loined stores was pointed out in the roof of the in-
fant school dormitory, and on being
examined
most cruel and nefarious practices were pounds
ht the
te
light. Ribs of beef, mutton chops, several
of sugar, rice, arrowroot, port wine,. ale, beer, and
every, description of stores, were
was fou
madend se
ycraetwead,
and even milk in large quantities
with, and the pans filled up with water. There
his been a fearful mortality in this particular ward
for some time past. It was only last week four
poor little creatures died, and the cause of their
death baffled. the medical man, who has from time
to time attributed the sickly state of the children
to the want of proper ventilation. This shocking
discovery, however, throws a new light upon the
mater, and, horrible though it be, there is the
strongest ground for believing that through the
connivance and complicity of the nurses and help-
ers with the head nurse, the poor children have
actually died from want of proper nourishment—
in fact from starvation. The woman who stands
charged with this atrocious conduct towards the
helpless infants entrusted to her care is at the pre-
sent moment; so dangerously ill as to be unable to
Le removed • but as soon as she recovers, it is
stated to be the intention of the guardians to insti-
tut2 a prosecution against her."
Evidence was given on the part of the plaintiff.
She herself, the matron of the Workhouse, and
other witnesses; were called. The substance of their
testimony was that the statements in the libel were
untrue, and that so far from the plaintiff having
acted cruelly to the children under her care, sh
d e be-
haved with kindness and hn.d always done her uty.
It appeared that in consequence of some state-

Mr. Knowles, at the conclusion of the plaintiff's
cape, addressed the jury for the defendant, and in
doing so 'referred to -a withdrawal of the charge
which hai been inserted in tie Observer on the
29th March, and which was in these terms.
"THE LATE CHARGE AGAINST THE SUPERINTEN-
DENT OF THE NURSERY OF MARYLEBONE WORK-
iIOUSE.—We have received a long letter, signed
The Superintendent of, the Nursery of Maryleb,Le
Workhouse, relating to the charge made against
her.- and which appeared in the Observer of•the Ist
inst., to the effect that she was implicated in the
plunder of the pauper children, &c. From in-
guides which
,we have made we consider it only an
act of common justice to the character of the
superintendent of the Marylebone nursery, to state
that there appears to be no foundation for the
charge against her. The letter in question contains
attack of a most serious and extraordinary Chu-
Acter against the board of guardians, and as the
subject is still under investigation, it would be un-
fair at present to publish its contents."
The leaped counsel submitted that, after that
withdrawal of the charge, this action ought not to
have been brought..
The Chief Justice—But if the defendants were
prepared tojustitbe libel, it was the plaintiffs
bounden duty,9 bring the action.
Mr..lrtiallee—The justification could not be
pleaded until the action was brought.
The Chief Justice--It does not lie in your mouth
to say that the plaintiff was not called on to vindi-
cate her character, for you have pleaded a justifi-
cation.

Mr. Knowles suggested that justice Might per-
haps now be done to the plaintiff.
The Chief Justice—lf the charge cannot, be sus-
tained it is a most cruel one to make against the
plaintiff, for the, charge is clearly this, that in con-
sequence of her withholding food from these poor
helpless infants they died. If you cart make out
that she is guilty it is not only the duty of the de-
fendant as a public journalist to vindicate his cha-
racter, but also to show the guilt of her's.
The
,consequence of these observations of his
lordship was that a consultation took plAce between
the counsel, which resulted in an arrangement.
Mr. Knowles thereupon said—l withdraw the
plea of justification, and consent to a verdict fur
251.

Mr. Russell—The plaintiff was only anxious to
justify her character in the sight of her friends and
of the world.

The Chief Justice—l think that the terinina+ion
of the me is honourable to both parties, and I have
no doubt that the defendant acted only from a de-
sire to discharge his duty as a public journalist
fearlessly and honestly ; but it is quite clear that
he has brouJit a charge against this woman which
is utterly without foundation ; and I think that in
accepting the damages offered she has shown very
great moderation.
. Verdict for the plaintiff---laniages, 251.

COURT OF EXCHEQUER.

THATCHER V. D'AGUILAR.-BREACH OF PROMISE or

MARRIAGE.

Mr. Prentice appeared for the plaintiff; and Mr.
M. Chambers and Mr. Lush for the defendant.

The action was brought to recover damages for a
breach of promise of marriage, by the lady who
figured recently in an application for an affiliation
order before the Brighton magistrates.
Mr. Prentice, who was left without a leader,
both opened the pleadings and stated tlAs case.
The learned,counsel admitted there would bs great
difficulty in making out the promise, because the
plaintiff bad given up the defendant's letters, but
he called ou them rather to infer a promise from
the conduct of Colonel D'Aguilar, in coming fre-
quently to Mrs. Thatcher's house and making her
prevents of a portrait, a lock of hair, a ring, and
other articles.

The first witness, Mrs. Thatcher's dau;hter, an
interesting little girl of 14, provad that on one
occasion her mamma had said in the Colonel's pre-
sence that he was to be their papa. In• cross-exami-
nation she spoke of several gentlemen coming to
see her mother, and sometimes stopping all night,
and of the Colonel baying that morning been pointed
out to her, because she had forgotten him. On the
suggestion of the Chief Baron a juror was with-
drawn, and the case prematurely ended.

LES BOTTFFES PARISIENS—St. JAMES'S
THE NTRE. Triumphant Success of the
FRENCII PLAYS.
LAST SIX REPRESENTATIONS.

THIS EVENING, TUESDAY, July 7, the entertain-
ments will commence, at half past eight preci-ely, by
the pe.rformance of Operette, en un acte, LE SAVETIER
ET LA FINANCIER. M. Pradeau, M. Mesmacro, M.
Guyot, M. Antognini, Mdlle. Dalmont.
After which (6th time) Opera-pouffe, moyen age, en un
acte, CR IQUEFER, ; ou, Le Dernier des Paladins.
To conclude with Opera-Comique, en un aete, L'OPERA
AUX FENETRES. M. Leonce, M. Tayau, M. Charles
Petit, and Mdllc. Dalmont.
The Orchestra of the Theatre des Bouffes will accom-
pany these Representations, under the direction of the
composer, M. Offenbach.
Boxes, stalls, and tickets may be engaged at Mr. Mitchell's
Royal Library, 33, Old Bond-street.