The Sun.
London, England, 1828-07-21 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, JUIN 19.
CRIM CON.
MARSH V. HARRIS.

This was an action for Crim. Con., and Mi.
Sergeant WILDE stated the plaintiff's ease to the
Jury. The Learned Sergeant said, that in this case
his client was a Lieutenant in his Majesty's Navy,
and the defendant was a clerk in an attorney's office.
The plaintiff in 1826 had gone out in the Asia,
and subsequently transferred his services to the
Ariadne, during which time his wife with her four
children, resided in Margate. Soon after the plain-
tiff went to sea, it 'was obserVed that the defendant
was very frequent in his visits to Mrs. Marsh, and
both he and the lady were warned on the subject by
those who felt interested in her behaviour. The
defendant, however, had. persisted in his attentions,
and the plaintiff had therefore come into Court to
receive a verdict at the hands of the Jury.
The defendant appeared in person, and cross-
examined all the witnesses himself. The following
witnesses were called :

- Martha Young—l was present at the marriage
of the plaintiff, which took place about nine years
ago ; Mrs. Marsh's maiden name was Mary Allll
Young; they have four children, and they were
married at Margate:
The witness was then cross-examined by the de-
fendant, and said, I riever saw Mrs. Marsh in your
company; I never saw any thing in her conduct
improper; Mrs. Marsh has been living about 12 or
14 months in her present house ; Mr. Marsh went
away some time before that; she was. then living
somewhere on Dane-hill, in another pact of the town,
before that they had been living in the barracks at
Deal; plaintiff then was a Captain's clerk in the
Admiralty Offiee; he held that situation before be
was married; they lived at Deal about six years;
he left Deal in consequence of kis ill-treatment of
his wife; never saw him ill-treat her, but I know
that she has received bruises from him of a very
serious nature ; I have heard her complain from the
very first of her marriage that he had treated her ill ;
she was obliged to threaten to leave him, but I do
twelve years old; I lived in
notj alcnmelsv
At that she l
en—l so.daitdn
the house of Mrs. Marsh. Mr. Marsh was at sea
then. I know defendant, and used to see him at
the house. He sometimes came twice a day. I
have seen Mrs. Marsh and Mr. Maris sometimes in
the same chair together. I once saw him kiss her.
Sometimes I was sent away when they were toge-
ther. I have seen the defendant in Mrs. Marsh's
bed-room, and she was then with him. •

Cross-examined—l do not remember when it was
that I saw you in the bed-room ; it was some time
before I went away from the house ; perhaps two or
three months. I saw your hands on the back part
of Mrs. Marsh's neck twice, I think. You had
been in the drawing-room about an hour before you
went into the bed-room. She went in first, and
you went in afterwards, and remained there about
half an hour. About a month after this I saw you
kiss her.

Thomas Foster--I am fourteen years old. In Sep-
tember last I lived at Mrs. Marsh's house. I used
to see defendant there frequently. Thomas Marsh's
birth-day occurred in October, and there was a little
party on the occasion. Defendant was there. I
first saw him in the parlour with Mrs. Marsh. After
that they went into the drawing-room, which was
up stairs. About half an hour after that defendant
and Mrs. Marsh went into the bed-room. They re-
mained there for about a quarter of an hour. On
coming out, Mrs. Marsh said, " You have spoiled
my band ;" he said, " Never mind, I'll buy you
a new one." (A laugh.)
/Mrs. Foster—l am the mother of the last wit-
ness. I went to lodge, in September last, at Mrs.
Marsh's house. Defendant came there frequently. I have
seen him there at nine at night. The children used
to be in the room with them. I left in November,
because I did not approve of their conduct towards
each other.
Cross-examined—l have known Marsh and his
wife upwards of seven years.., I first became ac-
quainted with them at Deal. I think they left
Deal in December, 1826. Plaintiff was superseded,
but I do not know for what cause ;• Mrs. Marsh used
to coniplain of the treatment of her husband ; I was
once sent for to go to her • they had had some
words, and I believe they had been fighting; she
had marks of violence on her, her face was disco-
loured, and she was confined to her bed; she had a
swelling under her throat ; her life was not des-
paired of, for she recovered in three or four days;
the plaintiff was put under arrest;
When we were altogether was I not equally fami-
liar with you as with Mrs. Marsh ?-:-.(A
thatlaugh.)—
Netoudo
i: Mrs. Foster'"knotv of—(A augh)—you t aid, how
do
11:idanr:ebly said"
hl:itr had taken
thank you, Mr. Harris."
pulApolseetotfer
ex;,aslainhinegrethpeuta( Prettys er :eint
WILDE, from Mrs. Marsh to her husband, for the
place between them. She in that letter attributed
their quarrel to the love of drink, and promised faith-
fully that if he would not separate from her, she
would never give way to that passion again.
Lieutenant Kitchen—l have known plaintiff since
1819. From 1822 to 1825, 1 had an opportunity
of witnessing his conduct towards his wife, and it
was always kind and attentive. My acquaintance
with him ceased in January, 1825.

Mr. Marsh, senior—Theplaintiff joined the Asia
in December, 1827, and did not come back till a
month ago.
Cross-examined—My son never behaved ill to his
wife, but she did to him ; he was discharged from
Deal because he came home a little in !jquor one
night, and gut into a quarrel with his wife, and, in
consequence of that they took advantage of the
opportunity of turning him out, because his wife
was a general nuisance in the barracks, and had in-
sulted every body there.

The CHIEF JUSTICE then summed up, and the
Jury found for the plaintiff,--Damages, One Shilling.
The Court, on its rising, adjourned till Monday
the 27th October.

A gentleman who has just arrived from Lis-
bon visited the prison previously to his departure, when
one of the prisoners informed him that be bud not been
able to get any sleep for three nights, on account of the
dreadful screams heard at different periods of the night,
supposed to proceed from prisoners under torture, in order
to induce them to confess. •

APOLEON'S letter to SAVARY, 011 sending
him to Russia, is a good specimen, of the acuteness of his
mind :—" In your conversation,' Says sa}s lit, " carefully
from succeeding' in
any preventaty rendering you ob-
ir
avoid any thing that 'nay be offensive. For instance, never
speak of war. Do not condemn any custom, or comment
upon any absurdity. Every nation has its peculiarities ;
and it is too much the habit of the French to compare all
customs with their own, and to set themselves up as mu-
rnleehiothu'isng.
This icsieatybp bad cowiullrs )
course, nd