The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-29

|
| Joseph Phlmore, d C. l., Chancellor of Bristol,
a case OF defamation, Payne Rowley, was brought
on, the plaintiff praying for judgment against the de-
fendant
Mr.. HARTLEY stated that this was a suit brought
| by Mrs Prudence Payne against Mrs Ann Rowey,
the vile OF Mr.. Thomas Rowley, straw-hat manu-
iacturer, OF College green, and he prayed the
| renee OF the Court that Mrs. Rowey may be con-
demned in costs. and 10 do penance, for having de-
famed The character of his client The facts were,
mat an acquaintance had subssted for some years
| between Mrs. Pavne and the family of Mr.. Rowey;
and In the year 1884, Mrs. Rowley had said in the
presence OF credible witnesses that Mrs Payne had
been or the last two months cohabiing with the de-
| fendants husband. To this responsive defen
Sve allegation, as we understood, had been put in
as he conceived IRREGULAR, together with exhibits
thereto. being certain letters; and the allegation
stated that Mrs Rowley did not use the word CO.
habit, but said improper correspondence had been
going and that Mrs owley had spoke unde great
excitement. The facts was, However that The utter
| ing OF the words had been clearly proved and he
now prayed the sentence OF the Court upon Mrs
| Rowley
Mr.. BRIDGES, for the defendant, stated that this
was an extremely hard case. His client, coming
INTO possession OF certain letters which he would
presently read TO the Court, felt that she was wound
| ed IN the NEST cruel manner in which wife could
be injured; and she felt also that she had daughters
whose reputation and fair prospects in life depended
upon the dlsconllnuance OF a correspondence which
those letters proved to exist between her husband
and Mrs. Payne. She did in this case what any re-
| spectacle woman, mother, and wife would do
| In this case, for she went to Mr.. Chdgey who is
| an assistant surgeon at Keynsham, and the brother
to Mrs Payne, TO induce that gentleman to prevail
upon his sister to discontinue the correspondence.
She requestedfor this purpose TO have private inter-
view with Mr.. Chidgey, which that gentleman re.
fused and said that if she had anything to saw she
should say 1t In the surgery, when there were two
gentlemen present Excited, as may be supposed,
by the letters then in her hand, still more excited at
| being thus treated when she came upon an errand
the most Judlclous, the most temperate, and, he
l NIGHT eau frar E,.I IA
| be conceived, Mrs. Rowley certainly did speak un-
der the impulse OF strong feelings, and said "It
must speak out, say your sister has been holding
an improper correspondence with my husband;" but
even IT she used the words stated the other side
| OF which she was not aware he conceived the Court
would consider that the prOvocatOn was such as 10
remove the necessity OF CONCERNING her in costs
and enjoiang penance. Whatever the words were
that she then used Mr.. Chidgey was apparently not
less excited, Tor he shook his fist at her, and said,
ny God, II you were man that said this would
| knock you down." The learned proctor having de-
tailed the facts to the effect above stated, read the
dispositions OF Mercy Ware, servant to Mrs Payne;
Of Miss Amelia Rowley, and OF Miss Jeronomy
Rowlry, daughters Of the defendant. The evidence
| OF Mercy Ware stated that considerable number
out OF fifteen or sixteen letters produced were writ
ten by her mistress TO Mr. Rowey; that her mistress
and desired her to deliver them TO Mr. Rowley and
| to nobody else; some of the letters were signed
| Constant some OF them were addressed For
get me Not" This witness had seen nothing impro-
per pass between her mistress and Mr. Rowley, ex-
| cePt that he once gave her kiss. II an improper
intimacy had taken place at Mrs. Payne's house it
might be without her (wnesss) knowledge of it =
| The evidence of the Miss Rowleys, young ladies'
grown up, proved the handwriting Of Mrs Payne on
some OF the letters that they had, with their mo-
Tiers consent, been on visiting terms with Mrs.
Payne before these letters known of; that they
had never witnessed any improperly of conduct be-
tween their father and Mrs. Payne; that their mo-
Their had prohibited them visiting that lady, and that
they had not since visited her. Some of the letters
/ addressed IN mo
| and few to MIR 'Tatton." The learned gentleman
then read extracts from the original letters
The letters were about twenty in number and
were signed Constant" and addressed to I" For
get me Not" They were all in the same tone, oc
casio lay interspersed with drawings of flowers and
hearts and poetry; as tor Instance
Forget me not, though we may part,
Perhaps, alas! to meet more,
Remember that there beats heart
That loves you to its inmost core"
CONSTANT.
In another part OF the same letter the lady re.
| minds the gentleman that her love is not to be
| trlf-d with" In subsequent epstle, the platonc
| widow, after exhortlng Mr.. Rowley to burn her
notes, SO that they may be safe and out of DANGER
adds would die to you, for | do not blush
| not lustfully"
| keepsake. accompanied by letter, in which she
| admonlshes him to - remember TO follow the die
tates OF religion, so that at the last you may meet
me IN glory In the same letter the amorous again
gets the better of the religious, and the widow thus
| breaks forth:-" have kissed il Ga note from Mr.
| Rowley), not twenty times but twenty times TWEEN
| ty; how much would / not rather have had them
| from the writer, not the writing. hone shall
SOON"
| The extracts having been read
Mr. BRIDGES addressed fhe Court, saying that the
facts formed, IT not justification, such a mga-
ton OF the words used as to exouerate his client
| from penance and from COSTS
Mr.. HARTLEY, on the oIher SIDE pressed for sem
| tence against the defendant.
| The learned CHANCELLOR then proceeded IN de-
| liver his Judgment The learned Judge, having
gone the facts of the case as stated above said
| that the words used were defamatory there was no
doubt, but the question was, whether there was a
| justification OF them. The Chancellor then read
| some OF the letters, commenting upon some of the
| lmpassloned expressions In them, and said there
were In all fifteen or sixteen letters in the fer
| vid strain; and II was impossible that any wife
| could see such letters addressed to her husband
without being irrated. Whether any criminal
intercourse really took place between the plaintiff
| and the defendants husband, he did not know but,
looking at the letters, there every to the
defendant for believing that there had. Was this,
| could punish the defendant for having uttered the
| words that she did utter under the circumstances!
| He certainly could not hold that it was such case.
| When he looked at all the facts before him. there
| appeared to him to be Justification of the words
used He should, therefore, dismiss the party from
, he suit, and from all further consequences
| GAMBLING HOUSE PARIS What contrast
10 the dark and gloomy streets OF Paris, with their
irregular pavement, the brilliantly lighted vesil-
buIe, with marble pillars and spacious STAIR rising
gracefully beyond it. which met my eyes as entered
| Frescah's Following in the crowd Of persons who
| pressed their way along, reached large ante
chamber where several servants in rich veries re-
ceved the hats and of the visitors who hrong
| ed eagerly forward, their merry voices and gay
| laughter resoundng through the arched roof
As the wide doors were thrown open noiseessy,
was quite unprepared for the splendor of the scene
Here were not only officers Of rank all the gala of
their brilliant uniform, and civilians in full dress,
L.. Ii.
with that perfection of toilette only known to Pa
| rsiao women, their graceful figures scattered
| through the groups, or promenadlng slowly up and
| down, conversing IN n low tone while servants
md clnn