Summer Assizes.
The Times, 1824-09-04T00:00:00

tio fru the ans acond ircugh by he plaintiff, to recover oompensa- t,o fr tielos ad iju sustaiened by bimn in consequence of theo defendant having criminz conversation with the plaintiff's wife. The damnages were laid at 5,OOOl. The defendant pleaded the ge- neral issue. Mlr. Serageant PELL.-The case whichi the jury bad to try was one of that class which always excited, pain in the minds of those -whe had to deal with it. In general, such cases merited the deepest at. tention, but the oresent was one which, from its singularity. Chial. longed that consiaeration in amost signal mannier. Before theY pro. ceedLed far with the inquiry, they would hear quite enough to justif)3 him in describing this as a case of the greatest singularity and impor. tance. The case was thronged with difficulties in every stage. T'hi exercise of their best judgr-ient would thierefore he necessary. The3 wouldi have to balance between the accouints which would be presenit. ed to them; and if, in the ene, they were of opinion tha, thte defendant was guilty of that wzith which be was chargedl he was satisfied that the guilt of this party wpould br found accompanied with such circunistances of' aggravation as would compel them to give the largest share of daLmagei which it was possible a person labouring under spch an injury shoule receive. T'he plaintiff was ayoungsnan, about 25 yearsgof age, ant carried on businiess as a clothiier and land-surveyor at Frome. Thb defendnt was described on the record as John Jones, Esq., arndwas a gentleman of considerable opulence, he believed he did not over rate it when he statedl it to be 40.0001. or 50,0001. a year-a falshion. able young man, about the age of' 25. Mr. Porter mnarried DMrs Porter in June, 11322, after a courtshiip of about a ye-ar and a half Site wasi a young lady of considerable personal charms, and shot about the age of Ill. Shie was the daughter of a re-spectable farmnei of the name of Yeompan, who resided aibout six miles from Frome and wasone of six chidren,all ofvehomn had been brought up by thei: parents in the paths of virtue. He did not stand up the-te to offer challenge to his ~leatrned friend respecting the character of' Mlrs Porter up to the tuzne of this transaction ; but he would venturi to siav that, up to that event, hier conduet wvouldI bear the atrictes investigation, and wvould be found wvithiout the leaSt blemish. Un. hiappily for Mvr. Porter, he became acquaintedl with Mr. Jones, Whil possessed considerable property and some houses in Frome. Fol somne mionths after the marria-gc, Mlr. and Mlrs. Porter remained a hier father's, nouse. After remnalningF there, they went to livc a Ke tord-terracc, in Frome. He had resided th5re for some time! anl, thinking it mnore convenicnt for hiis busiiness as a clothier, it live in Loivcr Keyforri, he applied to Sir. Jones to become a tenan of a house in that part of Frome. Mlr. Jones, resided at a placi called Radloy, whlich was distant about sixteen miles from the towr of Frome. Meckept all his establishmentat Rudley,and was obligee to come occasionally to Frome on business. When Porter was ne. gotiating sor this house, it was thought convenient that, as, he wotti: not hiave Occasiont for the whole ot the house, and as Mr. Jonei wanted a temporary residence in Frome. that he should occupy portion of this houise. The rent whichi Porter was% to Pa was 251. a-year, and in consideration 3f what he (Jones) was to oc criny, anid for -he attendance of servanits, he was to remnit 201 a-yrnr to Porter. Before, however, the house was fit for the occu ptoiln of the two iparties, it was necessary to make somne alterations TPhe object of those alterations Was tO miake a complete division be tweesi that part of the hiouse which was to be occupied by Porter ant hisB family, anti that part which was asqsigned to Sir. Jones, (A coinplete plan of the house was hero shown by the learnesi Sergeanit and pointedt to by him for the purpose of illustrating the descrinrlior Iwhiich he gave of the alterations %hich had( heen effected.) Thern Iwas a common) enitrance fromi the street. There were two stair csson inside Por-ter's kitchien on the right, and the otlhe near' Sr. Jones's parlour. Thie left side of' the house be longed, therefore, to Mlr. Jones, and the right to AIT. Porte and his famnily.' There wvas, up stairs, a tdour communicatin1 between tile apartmients in each diivisioni of the house, but this duo was blocked up wlten the plaintiff entered into possession, so as to in Crut comypletely the commulinic-ation tip stairs. Thtus a person whi wishedl to go frons Alr. Jones's to MIr. Porter'si apartments tip Stairs would findl it necessar- to comie clown oneL pair of'st-airs and pass ilitte a kitchen lo go up another set of8stairs On the doors below, which comnmunicatedl withi the common passage, there were locks Hehil were ustialisv securedi at night, So, as comipletely to prevent an, person fromi going from one part of' the house to the other Over the roomi in whichl Mlr. Jones slept., there were roomis fo servants ; andI when Alr. Jones came: to spend a. short time at Frome hecoimmonly brought one or two servants, who oeccupiedl theseapart ment.s. Mr. Porter hiad two servants, a man andI his wife, who sle'P in the house at the back of tile premises, adjoilitilg the factory, fo the bet ter security of his property there. Alir. Putter took pos sessioni ofthe hiouse, so fitted out, at Mlichaclnas. 11123. Mr. Jone did not sleep at the houise between that and the I 9th Oct-ober, excep one night. On the 19thi October, miost unhiappily, for the plaintit'l he was obligved to go to L,ontdon. It became an object with him, j u- at that period, to extend his tradle, andi he proceeded to the metro polls for thje purpose. When hie lef't tile premises Jones was rno there, and he left' his wife under thte firm persutasion that she woulc proceed to hier father's until hi, return. Mliss Smithi, her sister, was to be with her, and the two servants, Shade and his wvife, were in tht hiouse. In a few days after Mir. Porter's departure. Sirs. Porter lef the housean.d wenttolier father's,whereslieremiained a few days. Shn returned to herown house,and in afew days ir.Jone.s ca-.e there. Be. fore her returts from herfather's,,Jonescenrraetothechouse and learned that Porter was away in London. On cooling to the house be brought with hiim two servants, one a valet, and the other a small boy. The latter heseonetaway on the 6th of November, and the otlset on thec 7th. On the evening of the 7th, Jones wats observed to hr looking very mnuch about thie Itouse tILnd to take away thec keys ol the kitchen..door, and thie keys of 'the stairca-se, which were th( doors thiat prevented a passage trom hiis part of the house to that oi Porter. This at least, was very remnarkable; but a circumnetanet occttrredIOi ott ke evetiing of the 811t of Novemrber whiich placea beyond doubt the object of Sir. Jones in the reinova'l of these keys Early on that miorning, Mrs. Shade, the Servant, who Slept in tht back premises, and used to let her%el fin, by the btick door, of which. she kept the key at n_~Ft, entered the houise, as was her custom. 3 ttier iong w hen Sheard~Ti a footstep, end coIing 00 to thec door, site saw Mlr. Jones descendhing the staircase whih led to Porter's part ofithe house. He was its his shirt. and was witlitout stockitigs or niglot-cap. He passed by tier, and ascended hbLs owr staircase to hiis own room. Sise had already perceiveci, when she entered the house, the dloors of commuLnication between the two divi. slons standing open, atid exprenssed her sutrprise at- so unusual an ap- pearance. She saw Air. Jones a second rtime. He called her ut; stairs; and that whiich was rdecisive of his guilt lo-ok place- ttatiely, i-to madt(e a request of this woman thiat the would keeF cottecaled what she saw. Somie time afterwards shc went rti. to SIrs. I5orter's roon'. Sirs. Porter appeared in the reatteet confusion ; stitehit tier head under the bed-clothes. On cx.I aruiining the door of Ctse bed.roomn, the catch wh'ich received tite bolt was foundl to have been wrenched!, and forced back, so tas to leave little doubt that some violence had been uisedi by the dlefendant is ordler to acconiplishi his wishtes. Purtlier commsunicationrs took placE between Mr. Jones and ASirs. Slade ; and it woitli be founid that hit liad mnadhcoff'ers to tier and her husbanid to conceAl the transaction. He was sorry to say, that during these romrnipti'ic.ations, expressions were rtsedi by Sir. Jones indicative of' i cowardly, aloing whiti a base mind t; for it was cowvardly to exercise power in orcier to linsult those whomn we have deprivsed of the teieans, of resislanrec. lc uight hate been content with itiflicting a decep in~iury, witlinttt arldinp in. stilt to wrong. Mlr. Porter returnerd from Lobndon on the 13th of No. venihier, whiere lie was kept a longe r perioit1 than ieti expected. No communication was mnade to himi until -.hc 211th of.January followving. Slaele ant]Ilils wife could tell the reason why thecy did nor imDpart the occurrettce to Sir. Porter. Sonic few days before that slate, Alr. James Porter, brothier of' the p)laintiff, cattle to his house, whien Slade took an opportuititoty of omtnininicatio -to hint afull account of what had happe-ned. Tisis young roars, fearing the e&Tct of roe hasty an annoitnceinent of the event to his brother. thiouight ititcx`peedsent to postpone telling himn any, thinig about it for a while, and( took occasion to throw out msysterious hiints in usec presence of' Sirs. Porter, Such as she ai Once uniderstoodh. Under these most peculitir circumistances, the wif'e herself toas the titert to osake ttire fatal circumttsane known anti thie motiisent slite did so. all istercouirse between her and her hlusband ceased. She remnainedi in hotr husband's hiouse only two dayR, as it was not deemed proper to send her house sudidertly tona father uwho ssas theni labouring tinder great illness. At the enri of that lime site retired to her parentsk roof, arid there she remained until this mioment-her character gone- her hiopes rttined-her sofferilg's of body extreme, and only to be exceeded by the angstish of her taitii(. Such was the case which he should prove to tietis. The f'ollowing witnesses were then called Mlr. Richiard Yeoman, examined by Mlr. MEIREWvrTrSElt.I aim a brother of Sirs. Porter. I was present whien my isister was niarried to MVr. Isaac Potter, the 6th of June, 1822. S'everal other branches of the family were present. SAlm. Porter's age was 19 at that time. Air. Potter paid his addresses to miy esiter a vesT and a half. He was about 25. After they were married they I'ved half'a year with my father. The marriage was wit.h the consen't of the families on both sides. Sly father 'has liati three wives, atsd hiad nine chiildren in alL. After Mlr. and Mrs. Porter left my father's, thecy weist to Keyford.terrace, where they lived till Ladyv-day, 18-23. They then went to live at. Lower Keyford, at a house belonging to Air. Joies. I liad seen thens frem timie to tim-e, and they were liv- ing coimfortably together. I reinerisber mny sister corniin'g back, last winter to nty faLher's with Mkiss Smnith. $li10 wont to my brother-in. law's occasionally, and would then come back to mny fathier's. Ctoss-examinedl byAir. AD.Am....Porter was liting with his fa. tliter when he married, lie was bredi up to the zluothing business. He was a clerk to an attorney, as I hlave hearsi. 3My fathier was a farmer. He gave up business f'rom ill health. Slr. Robert Lee.-l knew Porter before andi after his marriage. Keyford-terrace, where he lived, is in Frome. I have invited him anti his wife verv often. Thiey lived very comfortably toge- ther, aissd were fond of eacli other. I remeniber when they went to Lower Keyford. Porter is now in the clothing svay, and was once a surveyor. Cross-examnnitj by Mr. WILLAlt.is.-Porter is now in tilie cloth- tog tray, anti was on'ct in the surveying way. I don't know if he ever was in the lawyer tray. I never heard hie was in ao attorney's office. lr . Joseph French deposed to the situation of ithe premises. Missiiz!abetht Smith, a young lady of' elegant appearance, was then called, and Sir. Sergeant. PELL wasabout to exanrisin her with her veil-on. SIr. Baton GARROW...I must beg of you to remove your veil; we are not in the habit in Courts of Justice of denying ourselves the pleasure of geeing the humnan countenance in the wicness-box. I have never seen, during my experience any person examined through a veil, and I'll not be tire Judge to aske a precedent for a proceeding contrary to the wholesome usage of the countrv. I state this in order tsat you may not suppose there is anv thing but what is very becoming intended, by requesting yeu to withdnrw your veil. The witness stated that shie was sister to Sirs. Porter, by the mo- thier's side. But as she stated that slie did not stay witgs her sister until January, her further examination was postponed. Mr. Robert Lawson.-1 am a clothier in Lontht. I met with Mir. Porter at a mercantile hoube in Cateaton-street London, on the 27th of October. He remained in London, to my knowledge, until the 8th of November. Susan Slade.-I am a married wroman, and my husband and I were livingin Mr. Porter's scrvice since Slicliaelmas, 1823. There was Benjamirn Horam living also with Porter as apprentice. The house in Lower Keyford was divided so as to cut ofPall communica- tion between the two parts of the house. Mly liusband and I slept in the back p3rt of the premises, in a house joining the factory. I saw Mr. Jones first on the lith of 'October. 1 attended him. I don't remember his bringing any servants. He stayed there only one night. He came again or. the 27th of October, and stayed till the 30th. I dont remember that he brought any semants. He came again on the 1st or 2d of November. He then brought a footman and a boy. My master went to London on the 19th of October. MIrs. Porter was left at home. She went the next day to Wanstrow, her father's place; she stayed two or three&dys. MissiSmith was not at Mr. Perteer'$ untl te flf~;oi%anurv Whn Mr. Jones came on the ist or *2d Of NcfVeeMer, Mrs. Pbirter was at home; She was not at home when he catnethie 27th of October, asad Alr. Jones asked where the family were. I said myw master wais in London, and his wife at WVarstrow, at her fbsther's. One of the servants whom Mr. Jones brought with him wept atway on the 6th of November. This wias the men-servant; the boy went away on the 7th. There was a lock on the door le-ading to the passage to the kitclien, and. anothier on the door leatling from the passage to Ale. jones's apartment. If these doors were locked, they cut off all conamouni- cation betweeftIthe two divisions. I havebheardAIMr.Porter locking them often, but not on the night of the 7th Of November. I left Mrs. Porter staving up in thepairlout. I leftlher there when Iwent to bed, about teni o'clock. I went throughi the kitchen fOM the par- lour to where I slept. I saw Mr. Jones that night at ten He was then itt his pariour. I came down the next morning at half-pest five. I camne in by the back door from where I slept. After I came into the house I wenit to Mfr. Jones's parlour. The door was open. I went in to light the fire. It was not quite dzy4light when I got up first. I lighted my owmn fire. It was day-light when I ltgh-.ed his fire. At a quarter before six I heard the noi8e of sortie per- Ron walking withiout shoes along tlhe passage up stairs to Mrs. Porter's staircase. I left thie fie to go to thie pai-loiw.door to see who it was. I saw Mtr. Jones come down Air. porter's stairs,and open the door of the passage. I then saw him co-me out of the passae, with nothing but his shirt on, and no nightcap. He saw me, and ran by me up his, own staircase. WhVen he go up stairs 'he callea sme. His bedroom-door.was op~en he said Sae, Sladie, comne uip." That was his expression. went up. lie caught me by' the arm, and said " Don't saysa word ; you must keep Your counse1."1 I told him I should not. He then said "1 It is done, and can't be helped. Is was not the woman's fault, it. was all my own." Ho furthier said"1 I broke open her room-door uponi her. I took away the kitchen.doer key yesterday on purpose. I sent awaY myv boy George. that he should not know any thing." The servant.g of J oneg had slept in a room over hi- when they were there. ANv husbanid was at this time in thie stable cleaning his horse. Jones added. when he talked tome agin, " Keep your counsel, endl I'll make you r fortune, by G-d!" I waent down stairs to lay his breakfast on the table. I tiean went directly up to Alirs. Porter's room. She was in bed. In consequenice of something which she satid to me, I look-ed to thieI lock of the door. I saw the catch. where the lock went in. broken out, and some wood in the screw. Thie bolt Of the lock was OUrL as if locked, and I turned the key, and uinlocked it. The bt!d was vecry muchl tumbled. She appeared very sorzy indeed. I went out, and she called me up again. After I went down, I first proceeded to Air. Jones's pacl6iur: he was upl stairs dressing. I loixntd his bed.after he went, untouched. It had not been slept in that night. Before he west away, he camne dlown to the pariour, where I was, getting his lrakrt, and said be should not have any breakihast there. He then went up to Amr. Porter's bed-rooml, and cemie down stairs to the door of my own room in the back premises. H4e said " Now, Slacle. you must keep your coun.. e8el; it was not her fault; her husband was away, and s-he did not know where he was." I said, Not know whbere he was; I'm certain she dc-cc~; but it is no ieason she should be great with another nman while her husband was away a week, or two." fiesad," No, I i don't Lsay that she would; it wa-s miy own, fault; I broke open tbe room- dioor trpon hier. and I rook thie keys from the k-itchen-door vesterday; itwas not the woman's fault,. but miine." I said " If Porter knew it, lie would kill hiis wife, and ruin You." He saiel"1?oh !aill ,e that, I don't mind that a straw ; I have tnore money than 314O I have plenty of money." He seemied augrv with me, andi went away to the stable. I did not see the keys, of the doors of conimrunication between the two divisions in the doors that morning;, but that night, after Mir. Jonas went away, I heard the door locked by Airs. Porter. Mir. Jones went away, and stayed awae- three week3. Al'ter I hadi found the doors oper. inthemotrn iag, I called my husband in. I thought the house had been robbed. I did not see my husband again tlil hie had returned after bringing tome things fot Mlr. .Jones down to the Wiheat, 5heai. I called iziy husband before I hieard the noise. I remember my miaster reture-itsg fromi Loudon on the I'th of November. Mlr. Jotees did not comne there between the 8thi and the 13th of November. I made no cam- mounication to myv master of' what had happened until the 28th or i21.4th of January following. I knew Mlr. Jamres Porter, miy master's brother. He wa's there on) the 8th of November. He lived in Frome. Mly mistreNs left her home about the 31st of January. I rememrber Mliss Smith coming to niy master's some time in Jannari-. Before nly master went to Lond on, he anti his wife lived very happily to- gether. Cross-.examined by Mr. ADASt..-.. aM a cousqin of the plaintiff. I lived With Mir. Jones, before I came to Porrter's at Lower Keyford. Mir. Jones had lived 1.5 weeks at Kev-ford, before Porter came there. I did nor take my meat with Ale. Porter. The doer of comnmuni. cation was lockedl up before Mfchaelmas. Alrs. Porter has severadl I isters ; one an own sister, and some htalf-sisters. Her mother is dead. Thecre are two bed-chambers and a dressing-room, and gar. ret. in Porter's pert of tire house. Porter's mother and three sis- ters are alive. Mrl. Jones did nor offer me any mo-ney. If lie had, I would not have taken it. Tire followring examination was continued by Mr. Sergeant PELL, for the plsntifl Alt. A DA.-I having objected, and the Judge having overruied the question- Win, xamined by the JUDGE.-! did notmakLe any commit- nication- until the 219th 'of Jlanuary,, and then I made a communica-. tion to Ai1r. Porter's brother Jam~es. I never made any communi.. nicazion to any other person before the 28th of Januarsv. Robrt oSlUtde,husbantd to the last winess. after statingrthst his wife maeacmunicatioD to him, proceeded as follows :-Wlien Mr. Jones camie to mie to the stable, and said " About this concern, Slade, you must keen) your counsel," I saia. " I don't kcnowv about that." He said,." 'o'u must, and I'll make you a nlandsome pre. sent. Your wife has beeni talking of one thing and rite other if Porter shouldI know it, he would kill her, and ruin mvsteli. About Imyself T don't care a straw. I took the keys our of thi kitchen-door v.esrerday, and broke Open her bed-roomi doocr upon her. It was not ber fult;_ and if he use his wife ill, I'll take her awas rmhm hav nr moniey than him." He said again, " Keep your counsel, and I'll tnake you a very handsome present-" He then told me to Iget his horse ready, foir he wanted to go. I-e w,nt Elt seveni ,,',,t. 5 ,, a iu. o it, C'. .kl 5ta9f, fr .hir.. I was absent about naltf an hour. I a-fterwards went to Mfrs. iPorter's p.riour, whiere she was. She was lying. with her head on rice table, crying very mueh. In consequence of' sumething said by her, I went. up stairsi to her bed-room, and found the catch of the lock broken out, and a screw out. In the worm of thte screw titers were Ihits of wood, fromi which I concluded it was driven out by force. I put back the catsch, and put in the screw as well as I could. I camte down stairs arid made a comminunication to Airs Porter. I remen,- her M11r. Porter returning fromn London on the 13thi of November. I remien-ibrcr seeing Alr. Jonies at the Xl'heat Sheaf about the 30th of I .antiar'. lie sent for me by lIis groom,. who had been in the house as I believe. Mr. JTones, said, " Mr. Sld, an our" lir wo,e tiring to that effect, Hie thien said, Follow rule " rliwas then in thet yarnl. I followed him up staies. I said, M Ar. Jones. you kriow this affair is. found ourt betweeR AIrs. Porter and you ? He .,atd, -' He did not ;' and ask-ed me who told of It. I s~aid, "Airs.. Porter herself." lie said," I know betterT. it orust be your wife, for not a womian in tIne worldI would have toldl it. T leave promised y-our Wife somnethinga, and hiad I given her what I promised, she nec-er wcould have told of it." Nothiing more passed. "seepvt his settlitlig H. Ilittle aeco-ent welhi me. Ott the samie day Airs. Prc left hier hus- band's house. I mnade a coniimurcication to AllP r.cter on thc 29th of Jlanuary. I did nort make any commeunication to ltim before. I re.. teembher the 6th of' Mlarch. Air. Jones and ANIr. iNicholls his bailiff vanee to the hiouse. Porter was then ouit. Ele wanted me to Light a fire, and cook some dlinner. I declined. He challenged me about Icity ill.treattieent of a groom of his. I t was" he shid. " a home i for hiis servants, and lie wotc lri fsten tep the dootr.wa3 "Isi.'i ws rent for tirat I rented it.". 'Cross-exarine-ri!M rs. Porter lRSs three sisters. (Olir or two of th~eni are comepatniornable womnii, andA the f'ather's, house is but six itiliel toff. 1ray was tior Porter an aflable nian ?;-Hc asa a very good man. ISo you understrnd what I meani by affable ',-No ; unless it cc to p av me Tmy wages. I Loud laughing C.ross..xamininatiOn continurd.-No lady cane. to live with my muistine-ss until Janusry. Alt. .Jones maenitcl n a promise of a present which he never ga,ve eee. Mliss E.lizabethSminih cxaminied.1I went to Porter's house on the 16th of.fanuary. I did nor hear that anyv thing unpleasant had liappened until tht 29th. I remem ber perf'ectly well walking Ou-t wsith Mrs. Porter in the sanme week that I wen,ttlerre. I have see-n MIr. Jone". We met Air. Jlones that morning in Kevford, not so mnuclh as a q[iarter of' a mile from Porter's. Jloncs w ished Airs. Porter " good morning." Airs. Porter n.ade no aniswer, and he Wen t away. I rem-ember James Porter coming on 1tire 28th of Jan- uary to Porter's. Before supper something was said by James Por- ter. I observed M'trs Porter blush very much at it- She ase but very little suppier. She took some, but left it. 1 slept in a room near Mtr. and Mlrs. Porter on the 29th of January. On the 30th oif Ja- nuary Mrsl. Porter slept with me. She went away on the 31sIt Of January to W'anstrow,whcre she has been ever since that time. This wi tness was not cross-examined. Ai)r. JamesPorter.-I ama brother of Mr. Porter. the plaintiff I know SussapSlade. I saw her aboutlthe 28th ofjanuary. Sbetnl I"' a conmmernication to me. I was at myv brother's house that eveniag. 1There were thlere m,,y brother, his wire, Milss Smith,. and Alias Ri- chards. Wihilst te were all there I sa,id something. I observed Mlrs. Porrerattliemoment. She blushedi, and wasv.er7'much de- peressed. The next day I saw my brother, but I don t remember miaking any communicaltion to him. Cross-exanmineel-I may have said sometthing to my brother, but I swear I did not make any conimunication to him the next day. Mlr. ADAMS then rose to address the Jury for the defendant.HEC comneented at great length on the evidence for the plaintiff; and con- eluded that part of his nddress by saying-Mr. Jones's.con.. duct, accoDrding to the description 01i the Slades, wvas refer- able to no principle of common sense. He tells the story of his own guilt to lefts. Slade with Fcrupujous particularcity ; haeasks her to keep her counsel ; and where he has ascertained her. refuisAl, -', she ws revea all, then does he take care so enter into a still minute account of a guilty act, improved by circulinsta-rcesOf argra- vation, of which she could hiave no oDncention. without his volun-. tary admission. N'What opinion could they ihave of the statemaent of these Slades, but, that they muade u,. shiis story to enllarge ih4 damages. Having disposed of the plaintifF's case, he ,hould now briefly state the nature of tie facts whichi he had to sub- mit to the Jury. IHere Mr. Sergeant Pell requested that the witnesses for the defendait might retire front Court, which wa.saccordinglydonc-1 Porter begat lifeas an attorney'bclerk. ie went to London, froni whence he returned to Frome, where lie be- came an assistant in a school ile then became aland-surveyor and a clothier. His (.lr.Adam's complaint against Porter was,thrat by a course ofs profiease condubt oe so corrupted the mind of his wife, or else she was so debased before he met with her, as to lead tothle cause of the present charge. Porter would retire from that court with dis. grace instead of compensation. After lie married ber, it would be found that he was in tbe habit of using expressions in her presence of the most revolting character. After thiev had retired from l;er fa. ther's, to live at Fome, it would appear that they led a life of the most dissolute sort. He habitually used coarse and disgusting lan. gelage; sang songs of an indecent nature in iher prestence; nio term was too low, too coarse ndi direct, to express the loath. some images which he gave birth to. Wbat must they *inkl oF the w-oma iwhocould listensto suchlanguage? lt rouldappearthat when he took the house, he said to the agent of Mr. Jones, that he wished to have the squire for a lodger, for he had no doubt tiat he would c-d him before long, as his w ife was a handsome woman. Other conversations wonild be proved, and particularly a scene wottld ba narrated to them, of a most disgusting propo.sition made by Porter, in presence of a number of persons, amongst whlom was his nife, to an individual named Miles, to make an exchange of wives; that lie himaslf, after the mock bargain had been struck, showed Mliles tk,e way up to his wife's chamber and he proceeded to the horse of Miles, where lee committed a brutal outrage on Ailes's wife. The following witnesses were called ior the defence:- James Elitchcock examined.-I sam a clothier at Fronte. I was in Porter's house in lay 1823, in the evening; we were takuig sorne bread and cheese, ale, and radishes for supper. Eorter had beerjust before that in Lofdon. Mr Porter wss present. I remamber, on that oceasion, he boasted. that wohilt he was in Laitjlon be bad a 'la, and had two bottles of wine. Mrs. Porter dil nothing but augh. Iatold a dozen Persons in abooit an hour after. I bad been oHten in him company before. Crosstnexamained by thr e Serreant sELi.-Radislies and ale, and cheese for supper,you say -Yea. 'Wh dere o you live ?-A E sFrome, when I am at home. Yeto , I mtean when at home. What are you ?-h A clothier. have You been ever in any difficulties ?-Oh yes, i number of Have you been evera bankrupt ?-Yes, I have. Have you youir certificate ?-Yes. hienhad you ouyourcertificater?-Ical n't tell. i could tell you at Frome. Question repeated, and the saide answer returned. Are-you a marrien man ?-I an. NWoheireisyour. win e nowr?-ie uppose at Frome; I leftchert ere. Were you living wth your wife wien the conversation you men- Uoby,1 a Porter occurred ?-Yes, I waa. Had you hiad any differences with Porter ?-DifF'erences ? not that I recollect. I Had you ay iquamrrl with himt -What do you mean by quareel? Did you never say you would stick to him?-I said I would tell the truth Bere. Did yota ever Aay you woulr. stickv tohim ?-No. Have yoaL been away from your wife at any time ?-Oh yes, a Did y nI aneway for any interval in fact, did you run away from her I nthevelter tran away from her. Or derther WstgnNo. oh;and ase evermfow you to London ?-aShe ca-e after me once to oatdortof whoue ent on businiess. Did heohar busins require the assistance of a female compaion l -No wet did nt.uda l oana b os yheod womante thee waeeaegirl on the coach. Who was he how she on -why a servant I believe at a W washer name ?-What was her name ?-Why, Haemilton. T JIr- 30hn'tru am you w do well to begin to retnember thtnow arter in acur ofc jutclerat.^t.Uika ewXas a Vtlerk state that heesawr the youong woman to Londlon, and left heratother offic.In 1821 that hiswife arsadplowed him in two or three day sr and that aft er rema Ining with h ev r there four or five m ore, they rRe..examl ed by Mr. WiLLIAM5.-1 live with my wife. The girl is in smevice andr I believe he is now married. James Le am a clothier. I know Porter since he was a child. I h.et with him at the Bell, in Noble-street, in September, 1l23. 1 was there later than tbat. I recomavmended Porter the ere, the January betfore that in 1823. WVe dined together, and break- fasted together. We sat toiethe r at dinner. Porter laahed in d joked, and asked me o go to a house at Sea-coal-lane. r e knew what sort of house it wne, as he sait he had been therl before. He said he had bern there, and knew one of the girls. About 3 o'clock we went, and tound an oltl woman at te house. 'Croas.examinied.I am a clothier. I ant a single man. I know th'e old woman to be the keeper of the house; the old woman toldr me so. I was at tfhe house on a formier occasion, and knew the old 'i~ana There was nobodyin the housebutt teiol Pwrman,andwe -kV,t away. lllr. John Cruise.-l am clerk to Mtr. rickham, an attorney. I know Porter ; he was once a clerk at ISr. Wickham's; he was also a clerk to Ir. Alexander, in London, which place he leftand went to anothier office. In 1821 he issued cards and professed as a land.sur- veyor, and is now a clothier. I have known ini for 1e. years. I remember w it marriage in 1822. 1 have, frequently visited him. I instructedhiminsurveying. I haveseeniswife in tears e ore than twicor thrice, and her spiritomeuch dePTessed. There are many publicShouses in Frome. Porter is a great frequenter of publis. nouses. I have heai d him converse in the presence of his wife. His language was rery obscene, lowp, and beastly. I have often ieard him boast of his itrtigues in her presence. Potrs. Porter remained in tme mon, and did not appear displeased. I have heard him sing aongs in the presence of his wife of a particular nature. I have heard him sig btsongs of this description on a Sabbath-day, but I was not in the house-I was opposite his hotise, and I knew his voice. He sung so loud that I cauld hear him across the street. It was a favourite indecent song of his, whiic- I have hear him sing in the presence of his wife. On the 29th of April, Porter abnd I and Miiles spent the evening together. Porter anidhi,; wife were present, and my wife part of the tine. Miles was a clerk in ar. fwickham's 0each. I was walking with Miles to Porter's, to leave a coat at his hot'se. I lived seven doors above his house 'We left the coat with Mr Porter, as her husband was not then to Aliles. Miles came home with me-r ad after staying there some time, we went down the terrace together,and maet Porte ,who sked uato voback and havesome cide. o tilesdeclire,ile said dhiswife was nill.Porer then asked usto gorto thUnicorn and have somebeer.Ve didnot go. He prCssed us togo to hi'shouse, andlwe went. We had supper, and just before we finished my wife came in with a little girl to aee if I was coming hloile. She was asked to shi down, anl some pipes and tobadco were introduced, and various cotversations took place. Porter suddenly addressed me, and asked me how oany children I had got? and looeing to Miles, said, it Here is Miles, who is married several years, and has not got any. and I am in the same predicament." Miles said lie (Porter) had been married but a bort time, and could not expect any childwren yet. Porter then said," Suppese yoa and I, ils, change wive, to see what would be done then." I told thens that I had heard of two brothers in Dorse"here who hal married two sisterd, they had been married a twelvemonrh, and lad no children; that one eveiing, over a cup of cider, they joked each other about it, and mustually agreed tog exchange for a twelv,iontho; at the wxDiration of whichs each had issue, and then they agreed never to xchtange back again. (Aluh)Poster then saidhe would go down to liI e', andl tk hiatfor hant purpose; but,s toppingshort, he said, "aWe had better have it in black and white, though," and went into is office for pen and ink. He brougit in pea, ink, and paper, andi aske6 Miles to arite. n iles asaid there was no occasion for that. Porter replied, h Cu n aMl about that. Are nt ya lo ue s nw Ca't r ou take ajoke?" Miles rrolied 'if he intended it -as a joke, be coudi take a joke as well asbeim. - lile took out his pencil and wrote something which did not appear to plea.e Porter, who took arnd burnend it. Pot- ter took another piece of' paper and placed it before iles, saying, s D-n it, wgrite what I teU you." Miles then pencilued down these words from Porter's dictation-"' Admit the bearer to your bed ;" and Mliles add&,, " if agreeable." Porter snatched aiway the paper and took his hat, ant said Now here's off," but, returne" d a second tien , and saidl, " I think, Mir. and arso Cruise, you had better seeabout oing homed, and let Mlile stay and go to bed with my Jane," pointing to his wife. Porter opened the stair door and, pointing, said, " There's the way u to bed," aw d went our of his house, leaving Aliles, ntysef, and my wife. Some little time after this, AMiles seemed rather uneasy, and expressed a wish to go home. (A laugh.) I told hi, to wait till Porter's re- turn, and not be jealous, aId asked him if lie thought the fellow was mpad? lr. Sergeant Pse. objected to this part of the exaininatioit. that happened in Porter's absence could not be evideince. wicr. Baron GARtOW.-" f it is proper, I shall receive it-becanue it is a question, if a man who conducts himself thus does not give his wife a licence to act as he pleases. I ami certain it' ; akmitted it, tie Court above would never grant a rttle for a new trial becase of its admission. Examination resuniied.-In consequence of somiething that had vsed, I went oort toi seek for Porter on the pavement, as I thought hewas there, to cary on the joke. He was not to be seen. He was Cone ltogether about half an hour. He was apparently out of breath, and brushed up his hair when he returned. ie gaid " I'll be d-d if I have not been down and done the job." Mrs. Porter was pre. sent when he said this. I tolnd btn it s a k of lies, and that be had not been down. He replied, " I'll beMdy ir Ioave not been down, and been with Mitalese's wife." (A loud latwgh.) Mr. D Baro uimARow.-I atl astontis-hed that any toe canboe found to laugh at a narrttive of one of the most revolting scenes tiat ever ditgraced at Court of Justice. Exaeination erseded.-From one questionis we psit to hian,we concluded that e had not been there. Miles came to nie next morning to make a csmplaint of Porter, As soon as ofiles left mer, Tsent for the plaingf. I Taked him how bhe ad the itkptiroence to Jo down and serye s iles's itoe as be bed done last night, knowing hat she ws ill, and that he tead done w er a very gerioW injurv? To which he repliee, "D-n it, f always like to have my larks o ut, and I would have erved any other pcrson'- wife it the same way." a ihe had cniles's authority to do so. w told him he knewa it was only in tended as a joke. andit was very slaneftil conduct, anti asked hint,r Suppoling Miles had served youir wvife so ?" Porter said, "Miles was a .-nd fool for not doing it, fr he (Paorter) ivent way on purt. pose."I askey bhin to let me look at the authority. He said be should not, as he would keep it to show against Miles in case he did aity thing in it. Cross-examined.-Besides yourself and wife, and Mliles, Porter, and his wife, who was present d-My little girl. How old is she?-About six years. Did sieheber itll this conversation ?-Pert of it; but she soon fell fast asleep. I have heard Porter boast miany tinses of his indec-ent exploits. The conversation I allude to was about six months after lila marriagze- He used to talk very often in a vulgar way. Mly wife ofe ,heara him talk in this way. She was present at the -above con- versation, andi lauglted. The song he sung containedI tie coarsest eXpressions-it Was an infamnous snugy; he sung it on a Sunday evening,wth the windows open. Every bodly in the street mnight hav"h. r him, he sung it so loud. The people of' the strcet were then at meeting. The inhabitants of that part of' Frome are gene- rymeetinpoles. a clerk to Mlr. Wickh"am. I have known Pot- ter thesec eight or nine years. I wvas clerk at Mlr. Wickhtamn's when he was. I remember his maorriage. I have seen him twice at his house since, and onceininmyown. The twice that1Iwasat his house stis conversation was rather low. AMrs. Porter was there. Theecon- ~tio wa no deentfora wmento hear. She mwtle no reply, ..~rIi no leve he oon. I Apil,1823, myself, Porter and his wire an Cruse nd hs wfe, erepreent at Porter's, Portersaid howman chluien ruie'sbroherhad got. He turned to me. I~ Wtnes wnt n tonaratethescee whichi was described by the last itnes. Th follwingpartswereaddetl by.this ,witieasti When he proposed to me to exchange wives, I said, " l t we 're ever so agreeable, perhaps the women would not consent. Porter said, "1 Oh, d-n it, never mind that; there's my Jane, and shedare nor say nay." Mrl. Porter said, "Oh, don't I?" Ott going hom e, this witness sail he received tome complaint from his -wife of Por- ter's conduct. " About two months after this I met Porter, for the fist time, in the market-place; he spoke to me, and I gave him a smack on the side qfthe h egd." Cross.examinedo.-uruisces child was in the room during the entire time with Airs. Cruise, uIrs. Porter, and myself. I treated the whole a a joke. By the J UtGlG.-I left my wife at home, and intended to retarn. V&len 1 m et Porter in the m arket-place, he saluted me, and I told hirn "I'd te3 l him how I did do," and gave him a smack on the eati. I told him m y wife had been ill ever since through his ill- usage. He called me a d....l liar. IBy a Juror.-Jde did not in any other manner deny the outrage, thi.n by saying I was a d-d liar. AIrs. Sarah liles, wife to the last witness.-(She was rather low and not very attractive. )-l have been married four years last Christ. aas I know Porter. I was very unwell in Aprila 1823. 1 remember Lateat night Porter coming to my house. I was in bed. I was then .1; it was between aine and ten o'clock. H e opened the front door anld said, "Ilorls, Irs. Miles, you don't know who I am." X said, - It is porter ?" He came throughI the house, and up stairs. M,v bed-room door was open. There wvas a light in the room. fle said he wa sent to me to go to bed with mr. I said he liad no business there that time of night. He tried to force himself into the bed. I screamed out as loud as I could. He said, with an oath, what do vou make that noise for? He still continued to force bimself into ihe bed, and I said, if he did nct leave the room I would cry murder, and I cried out as loud as I could. I put the light out when I heard him come up stairs and found it was not my hu: band. 13 c asked me to strike a light. I said I wvould not, and exp essed a hope that he would break his neck goine dowsi seairs. (She described the violence of Porter.) The effect of his violence was, that ahe became a great deal worse. Cross-examined._I anm 28 years of age the ist of November. I have no family. My husband has not prosecuted Porter for the in- jurv. AIv husband is thtee years vounge- than I am. - John Nicholls._l manage AMr. Crones's affairs. I recollect Porter applying for one. ef Mr. Jones's houses. lr. Jones had just fitted up the stable. Porter wanted tochrry on a clothingnnanufacture. He wished to take the whole of the dwelling-house, but could not afford to take the whole of it unless he had a lodger. He observed that such a lodger as the squire he shouldl like very nmuch, to make theWrent come easy. He said he thought if he had the squire the squire would c-d him. Porter taid his wife could be Mr. Jones 3 ser- yant, as he could not aftbrd to leep a servant. Mlfr. Jones declined this, as he wished to have a-servant whom he could command. Mlr. Jones and he then made the bargain. John Miles, who hnd been a shoTt timc ag,o examined, wLS re- called, and examnined by the JtTDGE.-When I went home I found the house dark. There was no candle lightirg in the room. I have not prosecuted Porter: upon consulting some attorttey, I declined prosecuting him. Nothing has passed between me and Porter in re- ference to that night except what I have stated. By a Jurvman._The words on the paper were dictated to me by Porter alouil so as that MrHs. Porter and all in the room heard them. illr. Wil1iam Aleood._.I know Porter. I remember when MIrs. Biss, Porter's sister, was unwell. Perter came in where she was ill, and being told that she was ill, he usedl a most indecent expression. Porter's wife was present. Cross examined._tthr Porter and I had a quarrel; le said he would send me to the round-house. Mr. Sergeant PELL replied. AIr. Baron GRAStAM summed up, in an eloquent and pointed charge to the jU-v. The JRry -etired and consulted above an hour. On their return, they delivered a verdict for the plaintiff-Damages, One Farthing. SUMMER A$SIZES. WVELLS, TutsDAy; , SEPT. 2. PORTER V. JOMES.