The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-08-27 00:00:00

NISI PRIUS.-MONDAY.

The case of Farrar v. Deflinne was resumed this morn-
ing at the sitting of the court. Mr. Baines called three
additional witnesses, and thus closed the case for the
plaintiff. The Solicitor-General then addressed the jury
in a speech of nearly three hours' duration, contending
that the fact of Mr. Farrar having accepted the offered
compromise of 10s. in the pound proved that he did not
consider that Mr. Deflinne was a responsible party, other-
wise he would not have accepted it, but demanded what
he now sought, 20s. in the pound. His Lordship summed
up at considerable length, and the jury, after a consulta-
tion which lasted 15 minutes, gave a verdict for the plain-
tiff—damages, with interest, £1235 ss.
ACTION FOR CRIM. CON. AGAINST A SURGEON.—
WOOD v. MONK.—This was an action for criminal con-
versation with the plaintiff's wife. Mr. Knowles and
Mr. noggins appeared for the plaintiff; Mr. Watson and
Mr. Atherton for the defendant.
Mr. Knowles said that this was an action in which the
plantiff sought redress for an injury which, in every
case, and under all circumstances, must inevitably be one
of a very painful and serious description. Mr. Samuel
Wood complained of the seduction of his wife, effected
by a man whose position in life, whose profession, and
whose relation with the plaintiff's family, which arose out
of that profession, were calculated to disarm suspicion, to
invite confidence, and to afford those opportunities of
which this case was a proof that he had very suc-
cessfully availed himself. The plaintiff carried on business
as a master stonemason at Preston. Eleven years ago
he married his present wife. He was now a man
somewhat past forty, and his wife was somewhat
younger. At the time of the marriage she was a person
of considerable personal attractions, and formed to do
honour to that home to which Mr. Wood took her, and to
afford to him that comfort which every married man
sought from the company of a good wife. For some years
the plaintiff continued to live in Preston. In addition to
following his ordinary trade, he kept a tavern. He re-
mained in Preston till 1841, when he took the Hesketh
Arms, in Southport. In the meantime, three children
were the result of the marriage ; and if the case were as it
had been represented to him (Mr. Knowles) it was no
small aggravation that the defendant, who was a medical
man, attended the plaintiff's wife on the birth of those
children. The defendant, Mr. Thos. Monk, a surgeon,
carried on business in Preston,. and he also filled the
office of alderman of that town ; and he (the learned
counsel) believed that during the whole period which
had elapsed since the marriage of the plaintiff, the de-
fendant had been in the habit of attending them, and as
he bad before stated, had attended Mrs. Wood during
the birth of her children. He need not point out the
frequent opportunities which a medical man must Lave, if
he was not guarded by a proper sense of propriety, in car-
rying into effect any design of the kind which it was the
object of this action to bring about. Of course the visits
of a surgeon were unrestricted ; and greater degree of pro-
priety was therefore expected from a medical man than
an ordinary person. In March, 1843, the plaintiff re-
moved from Southport to Preston. There he began to fall
into difficulties, and in October of the same year he went
to Lancaster Castle. He remained there till April of this
year, was thendischargedunder the InsolventDebtors' Act,
returned home, and then for the first time was acquainted
with that which had resulted in the present action. When
the intimacy first comaienced, he (Mr. Knowles) was not
able to show ; but there would be no doubt that during
the period in which the plaintiff was at Lancaster Castle,
the defendant was frequently in the habit of visiting the
plaintiff's wife ; and if his instructions were to be at all
relied on, there could be no doubt that a series of inter-
course, if he might so say, took place, the nature of
which the jury would hear from the witnesses, and
the object of which was much too palpable to leave
any man in doubt. Their intimacy was carried on in
the most open and disgusting manner. They had often
been seen in bed together, seen by the servants of the
evenhouse, r
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not aware what line of defence was to be taken by his
learned friend : but it was impossible to shut his ears to
certain rumours about the court, and he had been told
that there was to be an attempt to impeach the character
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of his learned friend would prevent him adopting that
line of defence ; and he should think ill of the defendant
if he attempted to set up the dishonour of this woman, he
having been the cause of it, and should bring before the
jury any subsequent act of hers, this having been the re-
sult of his own education, if he might use the term, and
ought to be that portion of his conduct which ought to
fill him with regret and dismay.
Witnesses were then called.

Richard Aughton recollected the marriage of the plain-
tiff with Eliza Ogden, in January 1833, and stated that he
frequently called at their house. They seemed to live
comfortably together. Cross-examined.—On my visits I
never saw her with a black eye ; never saw her husband
beat her. She never complained to me of her husband's
infidelity. She always appeared to me a respectable, well-
behaved woman. Her husband is a man of violent
temper.
Jane Mercer—said that the plaintiff's wife was a hand-

some woman at the time of marriage, and they seemed to
live together on very good terms. Cross-examined.—
Have heard Mrs. Wood complain of her husband beating
her; but never saw it. That was before they went to
Southport. Re-examined.—Dr. Monk, who is a mar-
ried man and has a family, attended Mrs. Wood in her
confinement. He is an alderman of the town, (Preston,)
and is in extensive practice. He has an assistant. Should
think Mr. Wood was about 40 years of age.
Eliza Parkinson, wife of John Parkinson, currier, liv-
ing in Kilshaw-street. said—l know the plaintiff. I was
hired by Mr. Wood as waiter at the Grapes Inn. in Au-
gust of last year, and continued with him for three
months. Knew the defendant. He was in the habit of
calling twice a week at the Grapes Inn when I was there.
In October I was sent with a message to Mr. Monk. I
saw the defendant at his surgery, and told him Mrs..
Wood wished him to call when it was convenient. He
called in about two days after. When he came he went
to Mrs. Wood in the back parlour. I had occasion to go
in whilst he was there, for change. She stated that in
consequence of what she then saw she left the room. Saw
the defendant afterwards at the Grapes Inn. Mrs. Wood
had a gathered finger; she sent me to the surgery ; Mr.
Monk came directly ; he found her in the kitchen ; and
they went up stairs into a bed room. I went in for change
and they were in bed together. Never saw anything im-
proper in Mrs. Wood's conduct except on those two oc-
casions. Did not at the time disclose what I had seen.
Alice Proctor called on me after the plaintiff came from
Lancaster Castle, and said that if I would go to Liverpool
and tell the truth, I should be handsomely rewarded.
She did not say that I should have £2O. I did not tell
her what I had seen.
Alice Procter, wife of John Procter, and servant with
Mrs. Wood, proved the criminal conversation. On cross-
examination she admitted having been thrice separated
from her husband.

This closed the plaintiff's case.
Mr. WATSON. for the defence, urged that Mrs. Wood
was an innocent woman, and the victim of a conspiracy,
got up for the purpose of ridding her husband of the
responsibility of her maintenance. He scouted the idea
that a respectable married man of middle age would jeo-
pardise his prosperity in life by such conduct as that at-
tributed to the defendant. Mr. Watson called—
Richard Robinson, an apprentice of the defendant, who
said—ln December, last year, a message came for Mr.
Monk to go to the Grapes. On his return he prescribed
a lotion to be made up, and for a week or a fortnight after
I took medicine regularly there. Shortly after a child of
Mrs. Wood's was brought to the surgery ; it bad a sore
head. On another occasion Mrs. Wood came to the sur-
gery ; Mr. Monk bled her, and medicine was sent for her.
The next day he went to the Grapes, again bled her, and
more medicine was sent for her. I took it, and found her
in bed. On two or three of the visits I accompanied the
defendant into the room, and saw Mrs. Wood in bed.
Her complaint was inflammation of the chest. In
February a message came stating that Alice had hurt
her leg ; the defendant went and bandaged it, and
1 attende her for several weeks. About a month after
the children had scald head, and Mr. Monk attended
them every other day. I accompanied him. He con-
tinued his visits until after the return of the plaintiff from
Lancaster. Alice Procter came for medicine until July.
On one occasion (the latter end of June or beginning of
July) Alice asked Mr. Monk to lend her money : she
said that Mr. Wood owed her money, and she could not
get it. Mr. Monk refused to lend her money, and she
said it should be the worse for him. Cross-examined—
Have seen Alice Prcoter at the surgery two or three times,
when she did not call for medicine, as far as I knew.
At the close of the examination of this witness (ten
minutes to seven) the court rose.

GROUSING.-Sir W. Massey Stanley, Bart. shot, with
his own gun, in eleven hours, on the first day of grouse
shooting, at his beautifully situated shooting quarters, in
Invernesshire, 116 brace of grouse.

EFFECTS OF WOOD PAVEMENT.-At a recent meeting
of the Westminster Medical Society, Dr. Copland re-
marked, that when wood pavement was taken up for re-
pairs, for several inches below the surface the pores of the
wood might be observed to be saturated with black mat-
ters from the decomposing of organic substances, which
were carried down and absorbed by the water, and on
further decomposition these would be likely to evaporie,
producing some subtle form of atmospheric impurity, be-
!ides which they would be aided by the waters employed
in merely watering the streets, and thus extend and pro-
long the influence of that low form of typhoid fever which
has been so common in the metropolis.
YORKSHIRE JURORS.-" I remember." says Lord
Eldon, in the Anecdote Book, " Mr. Justice Gould try-
ing a case at York; and when he had proceeded for about
two hours, he observed, " Here are only eleven jurymen
in the box ; where is the twelfth ?" " Please you, my
.
lord," said one of the eleven, "he gone away about
some business; but helm left his verdict wills me.