The Sun.
London, England, 1850-05-25 00:00:00

inixt Wttttoit

COMMON PLEAS.-(THIS DAY.)
;Sittings at Nisi Prius, before Mr. Justice WILLIAMS
and a Common Jury.)
CRIM. CON.-PENNY V. BLACKER.

This was an action for criminal conversation.
Mr. Sergeant Byles and Mr. Robinson appeared for
the plaintiff, and Mr. Sergeant Wilkins and Mr. Brown
for the defendant.
Mr. Sergeant BYLES stated the case. The plaintiff,
he said, was a coach-painter, employed at the terminus
of the South-Western Railway, and resided at present in
the Wandsworth-road. His age was thirty-two, and
about four years ago he married Mrs. Penny, whose age
was twenty-five. He should be able to show that up to
the time of the unfortunate occurrence they had liv-d
comfortably together. In the same row with them lived
the defendant, who had then a wife living, and an inti-
macy sprung up between the two ladies. Soon after Mrs.
Blacker died, and Mrs.` Penny several times upon that
occasion visited the defendant and assisted the
and helped them to get up their mourning. Soon
after this the plaintiff's wife deserted him, and
went to live with the defendant, and be should
prove that they lived together as man and wife.
This bad a great effect upon the mind of the
plaintiff, and shortly afterwards he met with an
accident, from the effects of which he was confined to his
bed for some months, during which his wife never visited
him but once. It was as a reparation for this injury
that he came before the court; and he should not deceit'

them by any remarks, but would proceed to call the wit-
nesses to prove his case.
Agnes Penny, the mother of the plaintiff, was the first
witness called—Stated that up to the time of forming
the acquaintance with Mr. Blacker, the plaintiff and his
wife la,cl always lived on the best terms, and he lasd
treated his wife with great affection. She remembered
an accident happening to her son, the plaintiff, at the
South-Western Railray, by which he had four of his ribs
broken.. At that time his wife was, absent from home—
she was fetched home by her brother, but only remained
there an hour or two and then left again; she did not
return again to tb• house during the whole time that
her husband was ill, which was at least three months.
Witness and another daughter-in-law attended to him
by turns during his illness; plaintiff's wife was absent the
whole time. She had never heard of any impropriety on
the part of Mrs. Penny previous to this affair with Mr.
Blacker. Had had frequent opportunities of seeing the
plaintiff and his wife together before that time, and
they always appeared to be comfortable together.
Cross-examined by Sergeant Wiutusa—Plaintiff's
wife had 201. a year of her own, which she understood
had been left to her by a Mrs. Boys, but had also been
told that it was left to her by a gentleman who had
once kept her.
John Edwards, examined by Mr. Sergeant BYLES—
Said he was brother to the plaintiff's wife, and had often
visited them, and always considered them to be a very
affectionate couple. About three or four days before
the plaintiff met with his accident at the railway Eta-
tion, he came to the witness's house to inquire for Isis
wife, who was missing from home. On the day of
the accident be (the witness) visited the plaintiff's,
and found him in bed with four of his ribs broken. Mrs.
Penny was not there, and he (the witness) went to de-
fendant's house to fetch her home, but could not find
her there. Defendant offered to allow him to search
the house, as he was her brother, but if it had been
Penny, he said, ho would have shot him, pointing
at the same time to some fire-arms over the
mantel-piece. The plaintiff was very ill for about
three months, and incapable of earning a subsistence
for nine months, and during the whole time his wife was
away from him, and only called once to inquire after
him. Some time after this he had bad a conversation
with the defendant, in the coarse of which he told him
that the defendant's son was spreading abroad a rumour
that his father and Mrs. Penny were living together in
adultery. Defendant then offered the witness W. if he
would thrash the son. Since that time he (the witness)
had seen the plaintiff's wife at the defendant's house
several times, and once or twice driving out with him.
Cross-examined by Mr. Sergeant WILKINS—Ho bad
never known that his sister before her marriage
with the plaintiff had been kept by any gentleman,
nor was he aware that she bad 20/. a year allowed her
by any gentleman. She had a gold watch, but did not
know where she got it. He had never refused to see
her on the ground that she had disgraced her family.
Had never heard that the plaintiff had been discharged
from a sick club for fraud, nor that she bad been accused
of adultery with a Mr. M'Nees, of Southampton. The
defendant seemed a very infirm old man.
Harriet Winterson, examined by Sergeant BTLEIS—
lived servant with the defendant for some months,
both in the Wanalsworth-road and at Winchmore-hill, and
during the time that she lived there Mrs. Penny lived
with the defendant. They occupied one bed-
chamber, and witness had often seen them in
bed together. There was only that bed made in
the house, for the other was kept ready for Mrs.
Penny's confinement, and she (the witness) slept in the
kitchen. During this time the plaintiff's wife passed by
the name of Mrs. Blacker. They often went out toge-
ther in a little pony-chaise.
John Robert Well, examined by Mr. ROBINSON—
Had visited the defendant when he lived at Winehmore-
hill, about three months ago, and there he saw Mrs.
Penny living with him. She was sitting on one side of
the fire, and be on the other, just as if they had been
man and wile.

Cross-mum ed by Sergeant WlLKlNS—Witness bad
certainly been accused of adultery with a Mrs. Russell,
but it had never been proved. He had never told any-
body that the plaintiff had taken money from his wife
which had been given to her by a gentleman who had
formerly kept her.
This was the case fur the plaintiff.
Mr. Sergeant WILKINS then addressed the jury for the
defence. He contended that he had never seen any
case, opened as this had been with so much gravity and
solemnity. turn out so pettily as this had dune. his
Learned Friend on the other aide bad talked of the al-
lurements of splendour and luxury which had been held
out to seduce the plaintiff's wife, and described in
glowing terms the defendant's position as a man of
rank and station, who kept.,his carriage ; and yet they
found, when they came to evidence, that he was an old,
decrepid man, living in a five-roomed house, in the same
row as the plaintiff, and, because he could nut walk,
riding about in a small tour-whesledachaise. This
was the real state of the case. As to the
compensation, they often found that in these cases the
husband, instead of seeking for compensation for his
loss, had reason to be thankful for being relieved of a
burden. But, looking at the case, could the jury say
whether this poor old man was the seducer or the se-
duced? It was the custom in these cases to talk about
heartless seduction, and destroyer of happiness, but he
would be bound to say that the woman quito as
often seduced the man as the Min the woman.
The Learned Counsel then proceeded to comment upon
the evidence. He contended there was an evident col-
lusion between the plaintiff and his wife, and that the
defendant was the victim of their conspiracy. There was
not a single tittle of evidence to show that until the time of
the plaintiff's accident the plaintiff's wife had been seen
in the defendant's house at all, even though she was
missing from her own home. What was:his character?
They had heard rumours of his having been dis-
charged from a sick club; and again, he would
like to know why he was no longer in the service
of the South-Western Railway Company. As for his
wife, though the witness, her brother, would not state
that he knew she had been in keeping, he did not at-
tempt to deny that he had heard rumours of such a thing.
Ile was sure that if any one took the trouble to watch the
progress of events they would very soon find this worthy
couple cheek-by-jowl together, enjoying themselves on
their ill-gotten gains. He was not going to deny the evi-
dence of adultery, but he appealed to the jury to say
whether there were not circumstances in the case which
would convince then that the defendant was by this
charge sought to be made the victim of a conspiracy.
He left it to them to say whether, if that were so, the
plaintiff was entitled to anything but a nominal amount
of damages.
His LOADS/LIP then summed up, and the jury, after a
short consultation, returned a verdict for the plaintiff—
Damages, 101.

THE ARMY AND NAVY.
(From the United Service Gazette of this day.)
DRAFTS FOR INDIA. —The following detachments are
under orders to embark for India, to join the head-
quarters of their regiments:--4d Light Dragoons, 70
men; 9th, 70; 14th, 60; 18th Foot, 25; 22d, 20; 24th,
10; 29th, 10; 32d, 20; 53d, 80; 60th, 12; 6lst, 10;
70th, 140; 75th, 120; 80th, 90; 87th, 250; 96th, 124;
98th, 150: total, 1,261.
Lieutenant-General Sir John Buchan, K.C.8., Colonel
of the 32d Regiment, continues extremely ill, and, we re-
gret to hear, with little hope of ultimate recovery.
REDUCTION OF TILE MEDITERRANEAN FLEET.—We
have reason to believe that the Vengeance, 84, Captain
Sir 11. M. Blackwood, Bart., will come direct to Ports-
mouth, and be paid off, the Superb, CO, Captain Purcell,
eat ship is
very -
likely
having by this time relieved her; but it is not intended
that toe Howe, 120, Captain Sir James Stirlingshell
until
ar
relieve lies-of-battle
I
-
btle
r commis-
sionedetu r n toan England
to
and
fitted
out
she will remain at Gibraltar for • some time. This is a
prudent precaution.
ARTILLERY FULL PAT RETlREMENTS.—Lieutenants
Colonels %,‘ right, Bent, and Storey have accepted the
full pay retirement of their rank, and rumour says that
Lieutenant-Colonel James
is also about to retire from
the service.

ADVANCED SHIPS FOR SEA, SERTICE.—We under-
stand that advanced or demonstration ships have been
ordered to be brought forward at their respective dock-
yards.
ECONOMY IN CONVEYING TROOPS IN MAN-OF,IVAR
STEAMERS —ller Majest)'s iron steam-frigute Birk: a-
head in fifteen days steamed 1,605 nautical miles, went
into and out of ten ports or harbours, conveying to for
places 4,618 troops, including women and cnildren. SI .
took on board and put out again 2SG tons of baggAgl,
being equal to 572 tons; she consumed .1•1:t tons oflicaouaglee,
and aver aged a speed ofnearly 11 knots. Since thec
m As!es, she
in the position of her steering wheel and
steers well and easily, and her eom
other iron
to be depended on now as are thosfe
thin
ship have not
steam •vessel. The good qualitieso
cost of conveyance
been thoroughly understood.pans s:cnseyarPe as in ueh
The
pense of coals COD-
of baggage alone would pay
the
esex-and crew, are no
iennegerinseas,liktele
sumed. The officers, entilnleera,y. The machinery is
extra expense, being
their return to clean ~
employment on theireng benefited by exercise, affording
become better acquainted with
and enabling thebnii, "'experimental trial has proved a
their calling.
I as it has shown that with all the
good one, and farT better than contracting for the con-
veyance of troop
. prejudiog end oppOsition to iron vesiele (and the Birken-