The Sun. — 1855-02-14 (London, England)

CRIN. CO).  Mr. Sergeant Shee, with whom was Mr. Giffard, appeared for the plaintiff; and Mr. James, with whom was Mr. Hawkins, for the defence. The declaration set forth that the defendant had carnally known and debauched the plaintiffs wife, to which the defendant had pleaded simply not guilty. Mr. Sergeant Slice was about to open the case to the jury when he was interrupted by  The Lord Chief Justice, who said—Brother Shee, I suppose from what I have read in the newspapers that this case has reference to the unfortunate woman who murdered her six children at Esher, and it mast be a very painful investigation ; but it cannot be the object of your client to go on with the inquiry if the defendant is not prepat ed to deny the adultery. It would int-haps spare the feelings of the poor woman who is the subject of the investigation, as well as those of all parties, if the matter could be arranged. Both the plaintiff and the defendant appear to move in a humble station in life, and I should be glad if a verdict could be taken for some small sum. Perhaps it would meet the justice of the case if the attorney get his full costs, and the verdict were taken for, say 101. or 20/.  Mr. James—The defendant will readily do that, although it will take every shilling he has got in the world to pay the money. In fact he is already ruined by what has transpired in connection with this melancholy affair.  Mr. Sergeant Shee—Why I am informed he is a man of property. _ _ _  Mr. James—So far from that being the case, I repeat that it will take every shilling he has got in the world to pay the costs in this case.  Mr. Sergeant Shee—My lord, after what has fallen from your lordship I should have thought it right to have accepted the course you have suggested, but that we are informed that the man really has property and is in a condition to pay large damages. The Lord Chief Justice—My only desire is that the feelings of the husband as well as the feelings of the wife should be spared, for although the poor creature is supposed to be out of her mind, it may be just possible that the inquiry may disclose matters exceedingly distressing under her mental condition. The husband cannot want to traffic in the non-chastity of his wife, and I should hope, for the sake of the woman, that the matter will Le arranged.  Sergeant Shoe—Will my learned friend consent to a verdict of 200/.1  Mr. James—Certainly not.  Sergeant Shee—Why, if he has not got the money, it can't be had.  The Lord Chief Justice—Perhaps you had better go on and state the case to the j..iry. Sergeant Shee—l would rather not after what has fallen from your lordship.  The Lord Chief Justice—What I said cannot make the slightest difference to the case ; but if he has not got the money, supposing you get a larger amount than I have mentioned, the verdict must go for nothing. Mr. James—l am quite willing that your lordship, on the other side, should have some gentleman at the bar to examine the defendant as to his means. I cannot say more than that.  The Lord Chief Justice—Brother Shee, you cannot have more than the man has got, you know. Sergeant Sliee—Dut we are informed, my lord, that he really has property.  your case. •. Mr. James—We will leave the ease in the bands of Mr. Sergeant Channel!. The learned sergeant can ascertain the intitne of my client. The Lord Chief Justice—Brother Shee, you cannot have anything fairer than that.  Sergeant Shee—My lord, my client assents to the proposal that the matter should be referred to my brother Channel?, to Fay what amount of damages should be awarded. For my part I cannot help saying that that is the right course to take ; but the plaintiff was most anxious that the inquiry should be gone into, and he left no discretion in the hands of his attorney. The Lord Chief Justice—Perhaps, then, my brother Channell will be good enough to act in the case ? Mr. Sergeant Channell—My lord, under the circumstances, I can have no alternative but to take upon my. self the duty of ascertaining the weans of the defendant. I have only one case on the list for to-day, and if your lordship will allow that to stand over until to-morrow I will go into the inquiry at once.  The Lord Chief Justice—Let it be so then. A Terdiet was then taken for the plaintiff.