The Sun. — 1858-09-03 (London, England)

CONVICTION FOR GIVING A FALSE  CHARACTER.  A strange case was brought before the bench of magistrates, at Sidmouth, on Tuesday the 24th ult. plr. Charles Penruddock Fitzgerald, of Avebury, in the county of Wilts, surgeon, appeared upon a summons obtained against him by John B. Lousada, Esq., of Peak House, one of her Majesty's justices of the peace, charging him with having given a false character to a servant whom Mr. Lousada had engaged as dairymaid upon the recommendation of Mr. Fitzgerald. The information was laid under the Act of 32 Geo. 111., c. 56. Mr. George Gutteres, of London, who happened to be staying at Sidmouth, conducted the case on behalf of Mr. Lousada ; and Mr. Wellesford, of Exeter, attended for Mr. Fitzgerald. From the opening statement of Mr. Gutteres, which was fully borne out by the evidence, it appeared that, in consequence of an advertisement in the Times in May last, Mrs. Lousada, who was in want of a dairymaid, applied to the address given at Avebury for the character of the person mentioned in the advertisement, and in reply received (May 28) a letter purporting to come from Mrs. Fitzgerald, but which was written by the defen: dant, giving a very high character of a girl named Ann Rose, who was stated to have lived with Mrs. Fitzgerald.twoyears, and to be thoroughly competent as a dairymaid in all respects, and to be steady, sober, trustworthy, &c. Upon the faith of this character, confirmed by a second letter written by the defendant in his wife's name, Ann Rose was, in the beginning of June, engaged by Mr. and Mrs. Lousada as dairymaid. They soon found that she was perfectly incompetent to her situation, and on the 26th July gave her warning. Mr. Lousada, on the 13th August, wrote to Mrs. Fitzgerald, expressing surprise at the character which she had given to Ann Rose, as she appeared quite incompetent ; and received a reply, dated 14th August, in a different handwriting to the letters containing the character, stating that Mrs. Fitzgerald had never given Ann Rose a character, and knew nothing whatever of her, and had had no previous communication with Mrs. Lousada on the subject. This part of the case was proved by Mr. and Mrs. Lousada, and by the production of various letters from the defendant, one of which was written to Ann Rose, and was couched in very warm language, and in others of which, addressed to Mr. Gutteres, he admitted having given her a false character.  Ann Rose was then called, and proved that her real name was Harriet Fell—that she was confined of an illegitimate child in Oct. 1856, at Avebury, when the defendant was then called in by her then mistress to attend her. The child was dead, and she was tried at Salisbury, at the Winter Assizes of 1856, for child murder, and was sentenced to twelve months' imprisonment. She came out of prison in December, 1857, and went to reside at home with her parents, at Compton Bassets, where she remained until she went to Mr. Lousada's in June. During the time she was at home the defendant saw her at times, and promised to try to get her a situation, and to give her a character, and put the a dvertisement in the paper. He knew all about her imprisoament. She had never lived in the service of the defendant or of Mrs. Fitzgerald, or as a servant in any capacity. The defendant was then convicted; and ordered to pay a fine of £2O, and 10s. costs, being the penalty imposed by the act, or in de Fault three months' imprisonment and hard labour. The defendant paid the amount.