Star.
London, England, 1830-07-26 00:00:00

ASSIZE INTELLIGENCE.

OXFORD, iIILY 23.
CHM COX....CLATTON, ESQ. V. FIAXILTY, JUN.

Mr. Cooper opened the pleadings. The damages were laid in the
declaration at 5.0001.
Mr. Taunton (with whom was Mr. Serjeant Ludlow) stated the
case to the Jury. His client, Colonel Clayton, was a gentleman by
birth, education and fortune. He was the eldest son of Sir Wm.
Clayton, Bart. ;rid resided at Great Marlow. In the year 1817 he
married his present wife, who was then in her 17th year. She was
the daughter of Colonel O'Donel, of Newport House, and grand
daughter of Sir N. O'Donel, a gentleman of righ rank. The parties
lived together until the unfortunate knowledge of her misconduct,
(which gave rise to the present action,) on the most affectionate
terms. The defendant (Mr. Richard Franklyn) was the son of
opulent parents, and thirty-three years of ngc. He was the partner
and sharer of the profits of a lucrative concern in London, and also
held a situation in the Mint. His first acquaintance with the fa-
mily of Colonel Clayton was in consequence of an introduction by
a lady named Williams, a governess in the Colonel's family, who
had formerly filled a similar situation in the family of the defend-
ant's father. Mrs. C. was very much attached to Miss W. and at
her request invited the defendant's sisters to visit her at Great
Marlow. The defendant accompanied his sisters on this occasion,
which was his first introduction to the family of Colonel Clayton.
Shortly after this Mrs. Clayton, being in an indifferent state of
health, went to London for medical advice; and she wrote to her
husband to account for her long absence on the ground that she had
not been able to see a celebrated physician, whom she had been
recommended to. After a lapse of time, she returned home, and
lived with her husband. It now became his (Mr. Taunton's) duty
to state circumstances, from which the jury would infer that adul-
tery had been committed.
blajor.General Samuel Brown proved the marriage, which took
place la May, 1817.
Jane Allen examined —ln May last I lived with Colonel Clayton;
on the sth of May Colonel Clayton went out to dinner; Mr. hank.
ln come to the house in the evening ; I met him at the Crown Inn.
Marlow where the coach stops; I inquired for him by the name of
William Allen; this wasby direon of Mrs. Clayton; I went
with him across the field towards my mute's house, where we saw
Mrs. Clayton; when they met they walked in a contrary direction
to the house ; they afterwards came towards it ; I went to the house
first ; the defendant and Mrs. C. afterwards came, but not together;
Mrs. Clayton came first • ' she went up to her bed-room; the lady's
maid went up with her, and took off her bonnet and shawl; Mrs.
Clayton told the lady's maid not to come up stairs again until she
rung the bell ; Mrs. Clayton sold she would call me • I then went
[ to the housekeeper's room • ' Mr. Franklyn was then waiting outside •
1 I went so him and took him up stairs into the " boudoir," through
[ my mistress's bed-room; I remained a few minutes in the bed-room
with Mrs. Clayton ; the defendant was then in the " boudoir." I
locked the door of the recess; Colonel Clayton's bed-room door was
locked ; I then went down stairs, leaving the defendant and Mrs,
Clayton in the situation I have described ; Mrs. Clayton called me
up stairs in about half an hour; there was a sofa in the " boudoir ;"
I found Mr. Franklyn sitting on the sofa; Mn. Clayton was stand.
Lug near the door; flighted them down the stairs to the front door,
I and opened it t Mr. Franklyn then went out and left the house.
Cross-exarnined by Mr. Jarvis—l am not aware that Colonel
Clayton and Mrs. Clayton ever slept together during the time that I
lived with them; they invariably used separate beds. They used
I sometimes to dine and take their meals together • but not always •
they lived on the very reverse of ailletissaw feral; I do not read:
but
their ever speaking friendly Write, except when the child lay
dead; sometimes they did not spool far a fortnight ; I never beard
Mr. Franklyn in all my life use ax endearing expression to Mrs.
Clayton ; I never heed him even tall her by her Christian name;
his conduct was altogether such as a moral man would exhibit to.
wards a virtuous woman.

Mr. jiIVIS, for defendant, contended at some length—.lst.
That there was no proof of adultery having been committed....
2nd, That if it bad, with the information the plaintiff was in
possession of, be must have connived at It; and therefore, if the
jury found for the plaintiff, they ought only to give nominal
Mr. Mr. Justice BOILINQUIT summed up, and at half.past nine
o'clock, the jury retired. The Counsel an both sides agreed that,
the verdict should be taken by the officer of the Court.—His
Lordship said he was very glad to avail himself of the in.
dulgence after the fatigues of the day. He then retired to
his lodgings. At a few minutes before eleven o'clock the Jury
came came into Court, and returned a verdict for the plaintiff—Da-
mages 1001.
WESTERN CIRCUIT—WINCHESTER, JULY W.
MURDER ON BOARD • COSTICT4IIII,....Ww. mem, and
Smith William., two convicts from the Hulks at Portsmouth, were
indicted for the wilful murder of William Money, on the 15th of
January last, by striking him a blow on his forehead with a ham-
mer, and also with cutting his throat. It appeared that the deceased
was deputy foreman of the convict sawyers eptployed In the Gun
Wharf at Portsmouth ; he was known to be of penurious bobby, and
to have occasionally obtained tobacco, spirits, rite. which he after.
lords retailed to other convicts, by which traffic he was known to make
money ; he had, besides, been neon With sovereigns in his pommels&
—At eight on the morning above described, he, with several
others, went to the Gun Wharf, where be was seen about
half-plat eight talking to a labourer, and at half peat nine he was
Antra in a shed with his bead almost severed from the body,
and the skull, near the temple, fractured. From a careful ex.
amination of the fracture, and its effect, it was clear that the

wound mot have been inflicted by sonic blunt instrument,
before the throat was cut. When the deceased went to the
shed it was observed that Brown watched him vay narrowly,
followed him in, and cams out shortly after. Immediately
after the deceased was found in the situation above describa
The principal evidence against the primes was John Purcell,
guard of the convicts. On the 28th of January I saw Brown
on board the Yak ; I learnt that he wanted to give some
information respecting the death of Winney ; I said to him,
" Brown, I understand you know something about this business ;
why do you not disclose it, as as one in the ship suspects you
were concerned in it?" herepli " I am not the person, but I
know who did it ;" be then na the person; I said, " how do
you know that ?" be said that a passe told him, gave him six.
pence and a bottle to get a quartern drum, and that he returned the
bottle and rum to the person, with the change, which was procured
by one of the Board of Ordnance men on the day prior to Winmy's
death; he then said he saw the person going over to the 4e-
&seed in No. 11, and in the course of a few minutes after he
saw him come out with his hands and clothes apparently covered
with blood ; he said he asked him what he had been up to ?
he replied, " Never mind—hold your tongue—all is right ; ' he
then said the other person went over to thepump to wash his hands,
and that he followed and asked him what the devil he bad been up
to ? He said, " Hold your ton all is right ; I have planted the
come money, and when we all will be right, and we shall di•
vide ft." He said it was ei in • battle, or the neck of one; I
said to him, " It appears to me you premeditated this business ;"
he said " Yea, thew weeks or a month before, but he did not think
the person would have murdered the man, but would have koouassd
him (sent him to sleep with laudenum) so that he might have been
robbed."

- - ii; pence he alluded to was the other prisoner, Williams.
Williams was accordingly taken into custody, and his clothes were
found to be covered with marks of blood. The money taken from
the deceased, viz. six sovereigns and six shillings, were found in
another shed, in the neck of a bottle. The Jury found the prisoners
Guilty, and they were ordered to be executed on Monday, and their
bodies to be delivered over for dissection.