The Sun.
London, England, 1844-02-23 00:00:00

1

same emphasis as struck the mind when the type struck
the eye with its larger or more impressive character.—
(Hear, hear, hear )• Thus he read it ; and then he said
we ought to search our consciences, and consider the
solemn obligation that we owed to our country and our
God.—(Hear, hear.) The Noble Lord (Stanley) said he
did not mean to give me and others any offence. I
accept his intention as he wishes us to take it, trusting he
will do the same by mine. Suppose, then, as he
has given me a lecture on perjury, give kim one
on political principle.—(Loud cries of " Hear,
hear.') In answer to his advice to us I will pray him
to avoid political tergiversation.—(Loud cheers.) I will
warn him of the danger of playing the renegade for
the sake of men with whom his political career can
command but little confidence—and, above all, I bid
him remember the ancient motto of his high and ho-
noured family—" Soyez tranquille."—(Cheers and great
laughter.) Let him remember, and, if possible, act upon,
that sound and judicious saying in the spirit of here-
ditary gratitude.—(Loud laughter.) As the Noble Lord
gives me his warning as to perjury, in gratitude
I tender him my admonition on apostacy.—(Loud
cheers.) The Noble Lord's advice and counsel is very

gratuitous, and, as is usually the case when he proffers ii,
not very judicious or applicable—(Hear, hear.)—but I
will leave that to come to the more important question.
—How is Ireland to be governed ? Is she to be go-
verned by verdicts and bayonets ?—(Cheers.) If you
will require Protestant juries, Protestant churches, and
Protestant ascendancy, then shall you require Protes-
tant bayonets to maintain them.—(Cheers.) Where are
your specifics for Ireland—l ask you ? You have
issued a Landlord and Tenant Commission, and you
make a great boast about it. What will it do beyond
telling us that which we all know already ?—(Hear,
hear.) You suggest for one of your remedies that the
questions of difference between landlord and tenant
,hall be removed from their present cheap and easy ad-
judication to the courts of quarter sessions. Take care
what you do—take care how you interfere with
the tribunal to which the people at pre-
sent appeal with confidence —take care how you
meddle with Mr. Hensch. You may destroy his juris-
diction ; but in doing so you will not destroy discontent,
but will aggravate it by increasing twenty-fold the ex-
penses in your insane intention of appeals to quarter
sessions.—(Hear, hear.) The Right Hon. Baronet (Sir J.
Graham) told you he should have no objection in any
future legislation on this subject for Ireland, to provide
that where tenants are removed they shall have compen-
sation for any loss they may sustain. Now this is a
question closely connected with registration. It has been
pending these three years. Do you mean to give us the
Chandos clause?—(Cheers.) If you mean to give us the
tenant-at-will clause, I tell you, you will goad out the
tenants of the country, and you will array them in one
determined opposition to you.—(Hear, hear.) In peace
you will hold them, in a debasing and dangerous vassal-
age—(Hear, hear)—and in the time of commotion
where is the power that shall bind them to you ?
(Loud cheers.) But, after all, the great question is the
question of the two Churches in Ireland.—(Hear, hear.)
It is the question of the Church with the congregation
and without the revenue—and the Church with all the
revenue and without the congregation.—(Loud cheers.)
What do you intend to do with your Church ? There
you are silent.—(Loud cheers.) Then I tell you you
you have no right to be silent on such a subject.—(Hear,
hear.) The subject must have been the theme of your
constant consideration. You must have some purpose,
and whatever it is you ought totell it —you are bound to
tell it.—(Loud cheers.) Will you grant glebes to our
clergy ? I believe they will accept them if offered in a
sincere and conciliatory spirit.—(Hear, hear.) Will you
build Catholic churches ?—(Hear, hear.) Will you
augment—really augment—your grant to Maynooth
to something like a proportion to the great and sacred
object it professes to have in view? You say you
will do every thing that can reasonably be desired to
conciliate and satisfy us, and all the while you are saying
this you keep back the proof.—(Loud cheers.) But what
course do you intend to pursue with respect to the Es-
tablished Church ? We are told you won't touch it.
Why ? Is it because, as the Right Hon. Recorder for
Dublin says, " your Church contains in its own and sole
bosom the religious truth."—(Loud laughter and cheers.)
Pray, in which portion of your Protestant Church is
the religious truth" embosomed ? Is it in the Church
on the north side of the Tweed, or the Church on the
south side of the Tweed.—(Tremendous cheers and
laughter.) On the north side of the Tweed the " re-
ligious truth" is Calvinistic—on the south side it
is Armenian •, on the north it is represented bhe
Right Hon. Member for Perth (Mr. Fox Maule)-on
the south by the Right Hon. Baronet the Member for
Oxford (Sir R. Inglis) ; on the north you can recognise
" the religious truth" by the plaia black surplice—on
the south by the crozier and the mitre-head ; on the
north you claim alliance with Geneva—on the south you
show a strong family likeness to that celebrated Baby-
lonian lady who, under the auspices of Pusey, may yet
restore you to the ancient pathway of your fathers.—
(Great cheering.) But on which side of the Tweed again I
ask you will you take your stand ?—(Great cheering.)
I ask my Lord Advocate (Mr. Duncan M'Neil)
on which side is the truth ? No answer. Well,
perhaps, as the Right Honourable Baronet (Sir
James Graham) is a Borderer, he will tell me.—(Shouts
of laughter, and applause.) In vain, then, do I ask
where I am to search for the truth.—(Cheers.) At all
events, whatever the truth may be, your Protestant
is not greatly disposed to extend it, but rather
prefers to keep it to himself—whilst my Church,
from its very rise, has extended itself in
every clime and in every region.—(Hear, hear.) You
keep your Church in a short of ecclesiastical conserva-
tory, where, by artificial moans, you fondle and foster it
into streugth, no—into weakness; when, by more ro-
bust and vigorous treatment, you might give to it a
tulness, freshness, and vitality you little dream of.—
(Loud cheers.) But I will dwell ne longer on the
truth of creeds. I will put the question aside.
Can you make the Church consistent with principle ?
You say you cannot, but I will show you that you can.
What have you done with respect to the clergy in Ca-
dada ? The clergy of Canada were, by Act of Parlia-
ment, provided with an appropriation—but this appro-
priation was confined to the Protestant religion. Before
the rebellion in Canada, effort after effort was made for

the purpose of procuring a better and more national ap-
plication of the clergy reserves. Until the'revolt—that
fatal means by which statesmen are to be taught—until
the revolt, every effort to apply the elergy reseves in a
more judicious manner was made, but in vain. At length
you consented to make an appropriation, and to depart
from the Act of Parliament—the fundamental Act of
Parliament. The Archbishop of Canterbury came down
and said that he deeply felt the necessity of making that
change. The Bishop of London said the same thing,
and the only man that stood firm to his principles was
the Bishop of Exeter—(Laughter)—who said that he
objected to the change, because he saw that the Irish
Papists would take advantage of it. He was right. The
inference was irresistible. You take away a portion of
the clergy reserves in Canada from the Protestant
clergy, and you give it to the Catholic priesthood ;
and at this moment—(here Sir James Graham
made some observation across the table which
we could not hear)—you do appropriate an amount
ethYel)
Lwiuhi
Its_sopaoaooavorrbbbpenddll epese
ttlgohaLi
La:
ePoasotpPhbrrseal iddulor
ee—wsrbkojdet
ennotlmetuoottbrewh.
sne
oetsgt
hhpf:haretpaoti supportpardon
dotovthe ed %Tfoo
roor
Noble
fora
eetheeLn
tgoCu
rradnt
such
aonl
(Lordi
dea nel
gl
sedurteagargyny
el
te-
royot
rffii
owt cnhee —7Ol.
cf
aT thetchha The clergy
lci
clergyele oncr
lgetyrhgre
ye
reserves
e Tor vbh reservesel
ees
pygthemnrofee
einputot
were applied to the payment of debts contracted on the
faith of the Crown. Part of those debts are payments
struck
odu not
struck
to the Catholic clergy.—(Cheers.) The Noble Lord will
not deny it. Now, then, how inconsistent is your con-
duct with respect to the Irish Protestants. You
offi
abolishco church-rates r cehitg-hrheatt e spb
se
ill!
unodi
ecss
—lrelandioff y;otuh
ebut e
du
people.
bishoprics. why did you not reduce some of the bene- '
fices ? If there were too many bishoprics, of course
there were too many benefices.—(Hear.) In 1838 you
commuted the tithes. The Roman Catholic Members
cd
you
d
You
did not then ask you to confiscate a single farthing.
They asked you to apply the surplus to charitable pur-
poses—they asked for nothing else. You refused.
The Bill was carried by the Whigs but proposed by the
Tories. The Gallant Officer, who was then the Se-
cretary for Ireland—and it should be a Gallant Officer
that you ought now to make Secretary for Ireland—
(Cheers)—that Gallant Officer proposed a Bill by which
one quarter of the tithes would have been confiscated.
But no, you put it into the pockets of the landlords ; but
why could you not have applied it to charitable pur-
poses ? You could not have applied the tithes to edu-
cation. No, you took one quarter from the Church, and
put it into the pockets of the landlords. In England,
where you have an Established Church, you teach the
religion of the people. You gave up the Factory Bill,
and you perpetuated ignorance rather than infringe on
the prerogative of the Establishment, whilst in Ireland
you declare that the Church has no such prerogative.
You have stripped the Church of Ireland of the privi-
lege conferred upon the Church in this country, and you
have declared that she is not fit to have the tutorage of
the national mind. The state of the Church in Ireland
is unexampled by any Church in any country in Europe.
Yes, there was one, that was in Poland. The Emperor
had issued his ukases, in which he states that Poland is
for ever to be united to All the Russias. In these he ex-
pressed his hope that the fanciful grievances of the Poles
would be done away. and he expresses his astonishment
that his benevolent feelings are not appreciated ; and he
says that the establishment of the Greek Church will be
an excellent bond of connection between the two coun-
tries. The Greek hierarchy was to supply the absence
of the Polish nobility. We have an almost annual
debate with respect to the grievances of the Poles. The
Right Hon. Baronet has often declared his wish to pro-
cure a mitigation of the sufferings of that very interesting
nation. But I cannot help thinking that if my Lord
Aberdeen were to consult Nesselrode on the subject, he
would immediately say " What is your example with
respect to Ireland ?" Since I have spoken of Lord
Aberdeen, I must take the opportunity 9f expressing my
unbounded admiration of his foreign policy.—(Laughter.)
So long as the Home Secretary shows a belligerent in-
tention with respect to Ireland, so long does it become
Lord Aberdeen to show a mild behaviour and humility;
Rightly do you recognise the possession of Algiers—
rightly do you look quietly on the state of Spain—
rightly will you sacrifice the treaties of 1831 and
1833, by which the slave-trade was to be suppressed,
You say we will rule upon the fidelity of international
friendship, and we will obtain peace by the interchange
of mere Royal courtesies. You say that you will confide
in the permanence of the throne of the barricades,
which has no foundation in legitimacy on the
one hand or prop of liberty on the other;--(Cheers.
ThP l'll4Y Mlle When the Right lion. Baronet may
have reason to attend to the admonition of the Noble
Lord the Member fob' Sunderland, when belerefied tO
the speech made on Catholic emancipation, to which the
Hun, ago Learaed Member fer Worcester has called
attention. These are perilous topics.—(l.lear, hear.)

My conviction is, that if England were to
stretch forth her gigantic arm, she would crush,
as I trust in God she will crush, every in-
surrectionary movement in Ireland. If any such move-
ment frantic Ireland should be induced to take, what
a fearful cost of treasure, and, what is infinitely
more valuable than treasure—human life would
be requ;red before treason could be subdued !
Well might the Duke of Wellington— well
might the Hero of a hundred battles, have expressed his
horror of a civil war. Civil war in Ireland would be
be worse than civil war. The demon would have pos-
session of the nation's heart—the sentiments of hu-
manity would be excluded from the hearts
of her children. The country would be de-
luged in blood, and when that deluge had
subsided it would be but a sorry consolation to -the
statesman to contemplate that scene of desolation, and
to see the spires of the Establishment still stand-
ing secure amidst the desolation and solitude
that would surround them.—(Loud cheers.) You
adjure me on my oath—l swear by the Gospels
of God. I adjure you, by every precept contained in
these Gospels—in the name of every obligation, divine
and human—as men and as Christians, to save your
country from the calamities to which I point—to lay
aside the spirit of partisanship, and not to
permit Ireland to be involved in crime. If you do, the
verdict of posterity will be against you; and you will be
answerable, not only to your country but to that Judge
in whose presence, covered with the blood of civil war-
fare, it will be more than dreadful to appear. But, Sir,
lam not without hope for my country. I trust that
Ireland will cease to be what she now is, the arena of fac-
tion—that animosities will be laid aside, and that we
may at length, in common, offer up a fervent prayer to
the King of Kings for its speedy regeneration.—(Loud
cheers.) I have witnessed, within the last few days,
since my return to this country, enough to convince me
that the great mass of the community aro influenced by
kindly feelings towards Ireland.—(Loud cries of " Hear,
hear," from both sides of the House.) I have heard the most
admirable sentiments expressed by gentlemen connected
with the present Government by official ties, and by
those of friendship. I have also seen that Englishmen—
noble, high-minded Englishmen—can with generous
promptitude forgive the man who might be supposed to
have done them wrong, and, even upon the mere con-
jecture that he might have been injured, rush to give
him succour.—(Loud cries of Hear.") That this feeling
may be appreciated by in`Y countrymen is my most sincere
wish—that it may be the means of gradually producing
a national- reconciliation, and not only a union between
the two countries by such slender ligaments as an Act
of Parliament may supply—but that the two countries
may be socially, politically, morally, and affectionately
united, is the prayer of one who is conscious
of many imperfections, but who never was, and
never will be, indifferent to the interests of his
country, to which he is devotedly attached, And who,
so far from desiring the dismemberment of the empire,
offers up a prayer as fervent as ever passed from the lips
of any of you—that the greatness and power of this
mighty empire may be imperishable, and that the
glory, the independence, and the liberty of
Englishmen may endure for ever! (The Right Hon.
Gentleman sat down amid loud and vehement cheering,
which lasted for several minutes.)
The ATTORNEY-GENERAL moved the adjourn-
ment of the debate, which was agreed to.

. _
The House then adjourned at a Quarter to One
o'Clock.

LAW INTELLIGENCE.
COURT OF QUEEN'S BENCH, Feb. 29.
Lord Denman sat at nisi.prius at the Guildhall this morn-
ing, with a London common jury, and disposed of two cases,
neither of which were of any interest, except to the persons
immediately concerned.

COURT OF COMMON PLEAS, Feb. 22.
(Before Chief Justice TINDAL.)
FRASER V. BAGLEY.—CELV. CON.
The evidence on the part of the defendant was proceeded
with at the opening of the Court this morning.
Dr. Smith was called, and examined by Mr. Wonnswonnt
—The witness proved he knew Mr. Fraser, and that it was
at his house Mr. Fraser first met Miss Simmons. He once
dined with Mr. Fraser at his chambers, and supped with him
twice. He saw a lady named Dalgleish with him, to whom
Mr: Fraser paid more attention than he (witness) thought
proper. He also saw the Arnolds with him.
Sophia Dalgleish, examined by Mr. CnasinEns—l reside
with my father in Park-road Cottage. I was introduced to
Mr. Fraser. I bad then two married sisters. It was in
1840. I was at that time engaged to be married. Mr. Fraser
visited me with Mr. Fitzjames at our house. They became
acquainted through me with my sister. The engagement
between me and Mr. Wapping, to whom I was engaged, was
broken off. Mr. Fraser was introduced to us as a married
man. My mother made inquiries after Mrs. Fraser. We
wished to be introduced to her. Mr. Fraser said she resided
in the country, and scarcely ever came to town. He said her
little boy was in very delicate health. The acquaintance be-
tween Mr. Fraser and our family continued about two years ;
he always said his wife was in the country.
Cross-examined by Mr. TnEstornt—l first told what I
knew of this subject to Mr. Shaw, about three weeks ago; I
told it to my acquaintance generally.
Re-examined by Mr. Crwinuns—When I first saw Mr.
Fraser he behaved in a manner that I did not approve ; he
treated me as a child, and kissed me once in the hall. I told
him not to do it again. After that his conduct was very
gentlemanly, and I had nothing to complain of.
Mrs. Ann Richards examined by Mr. Woupsw-oirerre—l
lived with Mr. Fraser in the King's bench-walk. I often saw
Mr. Bagley with him. They were very great friends. There
were various ladies coming to Mr. Fraser. I saw a Miss
Simmons there. I cannot say whether she was there once,
twice, or thrice. I recollect on one occasion he had two
ladies with him. He sent one away in a cab, and the other
remained. I saw Miss Arnold there. Her father brought her
two or three times, and left her with Mr. Fraser. She
dined and took tea with Mr. Fraser, and used to go out about
eleven o'clock. I recollect on one occasion Miss Arnold and
her brother came to Mr. Fraser's about seven o'clock in the
morning. They breakfasted together and went off to the
South Sea House, where Mr. Arnold had a situation. Some
time after Miss Arnold came in a cab with two other ladies.
Mr. Fraser was not at home. They had a dispute with the
cabman. I know Mrs. Fraser. She came on one occasion to
the chambers of Mr. Fraser to have a cheque changed. Mr.
Fraser was not at home. She then went to Mr. Bagley's
chambers. I went to get the cheque changed. I met Mr.
Bagley, and told him Mrs. Fraser was there. He did not go
in. On another occasion Mrs. Fraser came to the chambers of
Mr. Fraser. She appeared to be in a disturbed state of mind.
She searched the chambers. I went down and told Mr. Bagley.
He came up and remonstrated with her, and told her that she
ought not to do so.
Mrs. Lillywhite examined by Mr. CIIAMBERS—I was in
the service of Mr. Arnold, of the South Sea House. I know
Mr. Fraser. One of the Misses Arnold was abroad. While
she was abroad there was a Miss Simmons at the South Sea
House. She was there about a year and seven months. Mr.
Fraser brought Miss Arnold home. They came in the even-
ing. Mr. Fraser paid Miss Simmons every attention, and
took her to several places of amusement. Sometimes he took
Miss Arnold and Miss Simmons together. Miss Arnold
was not in such good spirits a short time after
she came from Germany as slie was when she first came.
On one occasion she was in hysterics from eleven till five
o'clock ; she called out the name of Fraser several times. I
recollect a note being brought by Mr. Fraser's clerk to Miss
Simmons. Miss Simmons went out in the course of the
evening. After that Miss Arnold got ill ; I was sent away.
About a fortnight afterwards I was sent for; there was no
servant kept while I was away. Preparations were made to
take Miss Arnold down to Devonshire. Mr. Fraser knew of
those preparations. On another occasion she went to Read-
ing. I delivered several notes to Miss Arnold
which I received from Mr. Fraser's clerk. He sent
some jewellery to Miss Simmons and Miss Arnold.
Mr. Fraser used to remain very late. He slept at the house
several times when Miss Arnold was there. Miss Simmonds
did not sleep with her. Miss Arnold and Mr. Fraser used to
breakfast together when Mr. Fraser slept in the house. I
recollect on one occasion going into the drawing-room to light
the fire ; it was between seven and eight o'clock. Mr. Fraser
slept in the drawing-room. Miss Arnold slept in a room off
the drawing-room. When I went in Mr. Fraser was in
the drawing-room. While lighting the fire Miss Arnold
came in. She was not dressed
.; she had her night-dress and
a shawl on. It was the dress she slept in. I remarked, on
one occasion, that Mr. Fraser had better live in the house
altogether ; he was coming so often. Mr. Fraser used to take
her out for an entire day. I heard him say, on one occasion,
he was taking her to his sister's. He used call Miss Arnold
Eliza. She used to let Mr. Fraser out of the house when lie
remained late. I left the Arnolds in February, 1842. I left
to be married.
Cross •examined by Mr. TuEsmEn—There were about ten
rooms in the house. Mr. Arnold's family lived in the house.
I slept in a room near the kitchen. I married last November
twelve months. My husband is a carpenter and wholesale
cheesemonger. We live in Cecil-court, St. Martin's-lane.
Miss Arnold went to Reading in 1841, in the summer. It
was after she came from Exeter that she went to Reading.
I was in the service of the Arnolds about twoyears, when Miss
Arnold came from abroad. I went into the service of the
Arnolds in 1839. Miss Arnold remained 12 months in Exe-
ter. To the best of my recollection it was in 1841 she Went
to Exeter. Mr. Shaw called upon me about this matter. A
lady called upon me. I don't know who she was. She
asked where Miss Simmons was. That was all. I told
Mr. Shaw about what I saw in the drawing-room. The lady
who called was a respectable person. I did not receive any-
thing. I was promised nothing.
Mr. Bishop, who acted as solicitor of Mr. Fraser in 1841,
with regard to the bill of sale referred to by Mr. White in his
evidence yesterday, proved that Mr. Fraser requested Mr.
Bagley to ice to Mrs. Fraser to reconcile her to the step. Mrs.
Fraser called at my office five or six times. She always in-
quired after her husband, and complained to witness of his
absence from her, and his associating with others. She asked
witness for the address of Mr. Fraser. Witness did not give
the address, because he had directions to that effect from Mr.
Fraser. On one occasion, in 1849, Mrs. Fraser called at witness's
office with some shirts belonging to Mr. Fraser. Mr. and Mrs.
Fraser met on one occasion at my office. Mr. Fresco, was
living at Stamford-street then. I had a conversation in
1840 with Mr. Fraser respecting Miss Simmons. I was
introduced to her et Mr. Fraser's chambers. There was an
aPpQintment made that a meeting should take place at his
offices between Mr. Fraser and a Mr. Bennett, a professor of
music. They met and an agreement Wee come to that Mr.
Bennett should be paid down 1001., and receive 50/. a-year,
for three years on the consideration of his teaching Miss
Simmons music and singing. The 1001, was aid down,
I think it was paid by Mr. Fraser. Mr. Arnold was there
also. A note was given for the first instalment. When it
became due it was paid. '4' second instalment was not
paid. Mr. Fraser Caine to witness to have the agreement
ceneelled, anne stated as his reason that the lady was in
the family way, and also that he was not in circumstances to
pay the money. I saw Miss Si ;none after, She was in the
family way. She was at the house of a Mrs. Birch, in Henri-
etta-atleet,
Aleruietfwits then called, and corrohornted the last wit-
ness. After she was some time with me I perceived she was
in a state of pregnancy.
Mr. Birch, siravined by Mr. Wanynwoßzu—l live at

Yo. 12, Henrietta-street. A Miss Simmons Cinnf:
ihe Bth of June, 1841. She appear (1 to be W4l4lfitrAY
Way. She was very large. She was there about a year
a half.

Mary Anne Touse, examined by Mr. CHAMBERS—I lived
in 1841 at Exeter with my mother, who is a confectioner.
Mr. Fraser used to live there during sessions and assizes. He
had a sitting-room and a bed-room. A Miss Arnold used to
visit him. She came very often. He used to call her Eliza -
and Miss Arnold. She used to come every day. She used
to lunch and dine with him every evening. She used to re-
main till ten or eleven o'clock. There was a sofa in the sitting
room. He used to come every sessions and assizes.
Cross-examined by Mr. Tut:smelt—Before I came here, I
saw Mr. Shaw and a lady. The lady was respectably dressed.
Thomas Greatwood examined—l am a crier in the Queen's
Bench Prison. I was: formerly a messenger for prisoners.
I.know Mr. Fraser. I knew him in the summer of 1839,
when in the Queen's Bench. He had two rooms. On one
occasion he gave me a letter to take to a Miss Edwards, of
Pimlico. He described her to me as a dark-looking person.
I went two days for her before I could find her. I saw her
at last, and gave her the letter. It was arranged
that she was to meet me outside the prison at
ten o'clock in the morning, and I was to take her in. She
Iceafnttient
ao heaebr aapbpo
ao itnet t,
(),actliodekl t o oskh
eh ecra
ut
eMatg..
again
a isieerx. Sd ha
ye
about eleven o'clock, and left about nine. She came again
the third day. The prison is open for females till ten o'clock
during term time. It is closed earlier in vacation. Miss
Edwards used to come constantly. When Mr. Fraser left the
prison I went to him with some pickles I had for sale. I know
a person named Maria Serle. She waited on Mr. Fraser and
Miss Edwards.
MaSrariaaseh Sopeicceormeixnagntioinmedy—hl live
oltae re
with aleandlyv,icah. a 3.
gentleman.
It It was in 1839. They passed under the name of Mr. And Mrs.
Hunt. I afterwards heard the gentleman was called Yraser,
and the lady was called Edwards.
Mr. Broughton, the Police Magistrate, examined—l am re-
lated to Mrs. Fraser. I knew Mr. and Mrs. Fraser after their
marriage. We were on intimate terms, and lived near each
other in Melcombe-place. Mrs. Broughton was in the habit
of going to see Mrs. Fraser. They were not at all living hap-
pily together. Both parties made complaints. Constant
complaints were made by Mrs. Fraser. I saw Mr. Fraser on
one or two occasions on the subject of those complaints. I
told Mr. Fraser that Mrs. Fraser complained of general neg-
lect on his part, absence from home, and waste of money ; of
his returning home at late hours, and that it was the firm
conviction of Mrs. Fraser that he was spending his money
upon a Miss Arnold. Mr. Fraser said she worried him to death
with her jealousy, and often made -his home uncomfortable.
He said it was his professional avocations which
made it necessary for him to be so mulch absent from home.
he denied having any criminal intercourse with Miss Ar-
nold, and on another occasion he most solemnly assured him
that he had never been alone in a room with Miss Arnold.
I had. many conversations with Mr. Fraser on the subject of
his pecuniary difficulties. He always said he would get over
them, and said that he was involved by other persons. I
met Mr. Bagley at Mr. Fraser's. After Mr. Fraser had left
his wife, he called upon me very frequently. He expressed
a wish to see his children on one occasion. Mrs. Fraser had
no objection that he should see them. He made no arrangements
as to the time and place at which he would see them. There
On
was no concealment of the residence of
( lsim h.lll
iela,rpso .raoplnrp'
idrr
ieayti
byaro.ufrotafwvt
itiihnnahiggges
2ozocasii.
fornamofhlVialrw.
wife,
earagggoeisntgedotout
to
not
wifhisel.eavHee.
salildehseaaid,auihde
cwonosuitliderseoenhtte children,pr
to her. He never saw any impropriety of conduct on the
part of the wife.
Cross-examined by Mr. Hummuter—Mr. Fraser often
complained of his wife speaking ill of him. He desired me
to ask his wife to withdraw the charge she made against
him with regard to his connexion with Miss Arnold. When
I used the word " criminality," I meant to shadow forth
the nature of the charge against Mr. Fraser, but I don't re-
collect the word to have been used either by Mrs. Fraser, in
complaining of her husband, or by the husband in defending
himself from the charge. Mr. Fraser complained that his
wife treated some of his friends uncivilly. I remonstrated
with her. I don't know anything of Mr. Fraser's family I
believe he has a sister. I addressed letters to a Miss Frlser
in Camden Villa.
Mr. Stewart, Q.C., examined—l have known Mr. Fraser
foi several years. I interfered to procure money for him to
go to India. There were some doubts as to the sincerity of
his intention to go to India. I told him that if he satisfied
me with regard to those doubts, I would write to Mr. White
to get the 200/. for him. He pledged his honour that he
would go, and I had then no reason to doubt him.
Mr. James was called, and proved that Mr. Fraser called
at his office in Basinghall-street with regard to his going to
India, and that he had instructions from Mr. Cockburn,
under a certain agreement to which Mr. Fraser was a party.
He said he had nothing to do but to surrender. He did not
surrender.
Mr. Hussey was called, and proved that the girl Maria
Searle had been subpoenaed; that she was in attendance on
Monday ; that he accompanied her to Greenwich, but she was
not to be found on Tuesday morning. Every exertion had
been made to find her out.
Mr. Ballard, formerly a Bow-street Officer, proved that he
made every exertion to find out where Maria Searle was,
but had not been able.
A balance-sheet was put in showing the state of Mr.
Fraser's affairs. It appeared from it that he owed 2,300/.,
and had property to the amount of only 300/.
Several letters from Mr. Fraser to Mr. Bagley were put
in and read. The letters showed that a close intimacy ex-
isted between Mr. Fraser and Mr. Bagley.
Mr. CHAMBERS said that this was the case for the defence.
The following witnesses were then called on the part of the
plaintiff, with reference to the new matter disclosed in the
evidence on the part of the defence :

Dr. Samuel Ashwell, Lecturer on Midwifery at Guy's
Hospital—l examined Miss Arnold by desire of herfather,
at the South Sea House, yesterday, with a view of ascer-
taining whether she was a virgin or not. I should say she
never had a child, and that she is a virgin. That is my de-
cided opinion ; it is as decided an opinion as any person
could give.
Cross-examined by Mr. CilloinEns—l examined her about
eleven o'clock last night. I should say there ought to be
little difficulty on the part of a competent examiner in
ascertaining the fact. The witness was examined at some
length, but owing to the nature of the subject, we are pre-
cluded from giving the examination.
Edmund Arnold examined.---I am the son of Mr. Arnold
of the South Sea House. He has two sons and two daughters.
Mr. Fraser was in the habit of visiting there. I was in the
habit of going with my sister to Mr. Fraser's chambers.
Miss Simmons used to reside at my father's. She
was there about twelve months. I am 24 years of age.
I asi a medical man. There was an intimacy formed between
myself and Miss Simmons. I will not call it an attachment.
I have every reason to believe she was in the family way
by me. She left in June or July and went to Mr. Birch's.
She after that visitedme at Kennington. It was known to
my family that she was in the family way by me about two
months after it had taken place..
Cross-examined by Mr. CiumßEßs—l am a medica/
student. My sister is now nineteen years old. I saw Mr.
Fraser now; I came from him into the witness-box. I read
the account of these proceedings in the newspapers. I did
not see Miss Simmons since it was known by my family that
she was in the family way. I heard she had a child ; the
child died. I don't recollect going to Mr. Fraser on one
occasion about seven o'clock ; 1 went on one occasion
with her to Mr. Fraser, after a journey. I met
my sister at Exeter. She was there about nine months. We
met Mr. Fraser at Bath. We came to Mr. Fraser on Mon-
day. Mr. Fraser paid the bill at the hotel in Bath. Ido
not know who paid the fare coming up. I went down for
the purpose of fetching my sister. She was at school in Exeter.
Some time before this trial my sister was living with a Mr.
Davis, of Chiswick, for eight or nine weeks, Mr. Davis, is
a solicitor. I was not aware that this action was brought
when she went to Mr. Davis. She was living at home be-
fore this. She went to Mr. Davis as a governess. I went to see
Mrs. Lillywhite. Reference was made to my sister. I have an
elder brother who is a merchant in America. I recollect when
my sister came from Bonn. Mr. Fraser brought her home. I
heard they remained a night at Dover. Mr. Fraser visited
the South Sea House for two or three months be-
fore my sister came home. I saw my sister in hy-
sterics. She had hysterics in December, and went
to Exeter in January. She had always delicate health.
On one occasion, there was an excursion to the Isle of
Wight ; Mr. Fraser and my sister came up to town in the
morning, and returned the next day to Exeter. Since
then she went on a visit to Lincolnshire with a clergyman
and his lady in 1843. They are friends of the family.
Re-examined by Mr. HUMPIIREY—I went to Mrs. Lilly-
white to know whether she heard the reports with regard to
my sister. (The letter intimating the pregnancy lor
Miss Simmons, was handed in; it was dated Oct. 13, 1843.)
Miss Eliza Arnold sworn and examined by Mr. TREMGER
—I am daughter of Mr. Arnold, of the South Sea House. I
know Mr. Fraser. I never had any intercourse with bim. I
saw Dr. Ashwell yesterday.
Cross-examined by Mr. CHAMBERS—I was at school at
Bonn. I recollect coming away from it. I went to Cologne
from Bonn, and then to rankfort. Mr. Fraser and Mr. Fits-
james, and a Miss Chennell went with me to Frankfort. I
did not know Miss Chennell. I slept by myself. Miss
Chennell slept opposite to me. I slept once with Miss
Chennell. I went back to Bonn from Frankfort. I spent
the afternoon with a friend. Miss Chennell was left at Frank-
fort. I did not see Miss Chennell any more. 'We next went
to Bruges, I slept there one night. I went to Aix-la-Chapelle,
to Brussels, 'end thence to Boulogne. I always stopped- at
the inns. I stayed two days at Brussels. I do not know
the name of the inn. We crossed to Dover from
Boulogne. 'We stopped at the " Ship:" I only had
one meal there. I went to see my sister, who was
at school in Dover. I do not recollect when we dined. It
was late. I went to bed about nine o'clock. I think I left
Mr. Fraser and Mr. Fitzjaines in the sitting-room. We had
some wine at dinner. I don't think I took any. I do not
recollect being disturbed that night in any way. I think
Mr. Fraser knocked at the door in the morning. He said
it was time to get up. We came to London by the coach. I
think papa met me at Gracechurch-street, where we stopped.
Mr. Fraser, I think, spent the evening at our house that night.
He used to visit us frequently. After that he went down to
Exeter with mamma and me. I was ill before I left. Dr.
Bee visited me. I think Mr. Fraser and mamma left Exe-
ter to go there. My family used to come to see me. I saw
Mr. Fraser there afterwards. He lodged at a pastrycook's.
My brother fetched me when I came away last. I was in
Exeter about nine months. We met Mr. Fraser in Bath. We
came up together. I don't recollect breakfasting at Mr. Fra-
ser'ichambers. I never breakfasted at Mr. Fraser's chambers.
I think I took supper once there. I had refreshments there
sometimes. I was there once alone when I was coming from
Mr. Fraser's sister's. I do not know what time it was. I
went several times with papa and mamma and Miss Sim-
mons there. Mr. Fraser said he wanted to speak privately
with Miss Simmons. I was put into another room. That
was the only time I went with Miss Simmons. It has
been mentioned to me that I used a name when I had a fit of
hysterics. I believe Mr. Fraser took me to Southampton.
I went into society with Mr. Fraser accompanied by a mar-
ried lady. I don't like to mention her name. I corresponded
with Mr. Fraser. I recollect I gave a bonnet to Mr. Fraser
to keep for me, because I could not wear it. I don't re-
member ever being alone with Mr. Fraser at his lodgings in
Exeter. I was there once when my brother was in the
town. It was in the evening. I was about an
hour with him. I don't recollect being in his
lodgings at any other time. • I will not swear
that I was not there. There was a sofa in Mr. Fraser's room.
I saw Mr. Fraser yesterday, at a window opposite where I had
been waiting. I had not see him since November till then.
When Mr. I reser took leave of me he made me a present of
two rosettes of ribbon. He made me presents of trinkets be-
fore, I Saw a portrait of Mr. Fraser. I had it for some tune.
It was brought down to Exeter. I gave it to my father 11) give
r.
It back to Mr. Fraser. I was never in a shop with Fraser.
My parents were aware that Mr. Frase ea
an while I
me presents. Mr. Fraser was Y
When Mr. Fitzjames was.
Mr Them:or--
was in Exeter. Mr. Fraser
Re-examined by .
w that he was a married man. I
afa th e had four children. He
ilnVeGroermde:moyuthho.rdlodin
did not
.IL:11:bot ouugtiaahfloyn-
etofgoerthmea.r.
afterwards -„car: kat going to the West Indies. I wan
attorney of
Monday.
Dr. Bagley, and I have been
Dr. Ashwell identified the witness as the person whom be
had examined.
Mr. Arnold examined—l am chief accountant in the Boistk
:Yjiitebree
iannsubpoenaedt ht
0 d'azaDn
ob.