West Briton and Cornwall Advertiser. Friday 8th August, 1851. Part 3. NISI PRIUS COURT, Tuesday, August 5. Before Mr. Justice COLERIDGE. - CRIM. CON. - LENDERYOU v. ALLEN - In this case the following gentlemen were sworn a special jury: Messrs. GRAHAM THOMAS GRAHAM, foreman, RICHARD BOWHAY, J. A. COCKS, ALFRED FOX, R. LEAN HOCKING, AUGUSTUS MORCOM, G. W. WEBBER, JOSIAH WRIGHT, WILLIAM VIVIAN, J. D. BRYANT, THOMAS DAVEY, and R. R. LANGFORD. Mr. SERJEANT KINGLAKE and Mr. MONTAGUE SMITH were counsel for the plaintiff; Messrs. SMITH and ROBERTS. Counsel for the defendant, Mr. CROWDER and Mr. KARSLAKE; attorney, Mr. GENN. Mr. Montague Smith then opened the pleadings:- John Lenderyou, the younger, is the plaintiff, and ROBERT ALLEN the defendant. The declaration states that the defendant debauched and carnally knew Harriet Ann, the wife of the plaintiff. The defendant has pleaded "Not Guilty." Serjeant Kinglake then opened the case to the jury. This was an action brought by the plaintiff, an innkeeper residing at Truro, against the defendant, Mr. Robert Allen, for one of the most serious injuries that can be inflicted by one man upon another; and if in this case the charge against the defendant should be make out, it would prove to have been a most cruel and most wanton aggression on the happiness of the plaintiff, and unaccompanied by any circumstances of mitigation. It would not, he apprehended, be attempted, on the part of the defendant, to allege there was any neglect or misconduct on the part of the plaintiff towards his wife; on the contrary, it would be shown that the plaintiff lived on terms of the closest affection and endearment with the woman who had gone astray from her duty towards him; and it was an aggravation of the defendant's misconduct that it was, as a friend of the plaintiff, that he passed over the threshold of that friend's door, leaving in that house only misery and disgrace. The plaintiff in this case was an innkeeper, and carried on a respectable business at the Red Lion, one of the principal hotels in Truro; to which he removed in October, 1849, with his wife and family, from the King's Arms Hotel, at Falmouth, where he had carried on business from the year 1843. In 1842, the plaintiff, being then about 24 years of age, married his present wife, then Miss HARRIET ANN BROWN, who was then 20 years of age; and then took the King's Arms, at Falmouth. There are two children of that marriage - a son and daughter; one seven years old, and the other six. The defendant is a native of Falmouth; he is about 28 years old, is also a married man, and is the father of four children. His place of residence has been for some time past, at Falmouth, where he carried on the business of malting and brewing; and he lives in a part of Falmouth very near the King's Arms. In 1843, the defendant was living at Oporto, whither he had gone and where he had become connected with the wine business; He there married his present wife in 1844, and returned with her to Falmouth, where he has since carried on business. An intimacy subsisted between the plaintiff and himself, arising probably, from his supplying the plaintiff with wine and other commodities for the purpose of his trade. In addition to the business of a publican, the plaintiff had a farm in the neighbourhood of Falmouth. To this fact, it was necessary to call attention, because it would be shown that the defendant had full knowledge of the plaintiff's habits, and on all occasions of the plaintiff's absence from the Inn sought the company of his wife. It appears that Mr. Lenderyou was in the habit of sitting up late at night, allowing his wife to go to bed early; while in the morning Mrs. Lenderyou came down stairs earlier than he did. It would be proved that the defendant was frequently at the King's Arms under circumstances of great suspicion, as early as seven o'clock in the morning; and also visited the house frequently after breakfast when the plaintiff was absent at his farm, and would remain there several hours at a time in the company of the plaintiff's wife, and circumstances would be shown in connection with those visits which would leave no doubt of a criminal intercourse having taken place between these parties. The learned Serjeant proceeded to describe the premises at the King's Arms, for the better understanding of the case. There was a front door facing the main-street. From that door was a passage leading to the outer bar, the tap-room and the common ordinary bar. At right angles with that passage was another passage which communicated with the street, at the side of the house. By this side of the house were stables where Mr. Lenderyou generally took his horse when he rode to his farm; and Mr. Allen's house was so situated that, with little care, he could easily see when the plaintiff was leaving his house at the side. After describing some other arrangements of the rooms on the floor, the learned Sergeant stated that immediately opposite the bar was a small passage which communicated with a little room called the nursery, but which had not been used as such for a long time; it was appropriated by Mr. and Mrs. Lenderyou for their private use, and for themselves and family to take their meals in. The door of that room was fastened only by a latch on the inside; and there being no handle to that latch on the outside, the room would be inaccessible if any person inside put down the latch. The room was a small one, and in it were a sofa and easy chair, with other chairs. There was but one window which looked out to the side entrance where the stables were, and in a line with the side door which had been alluded to; and to that window there was a blind. After describing the localities of the premises, the learned Serjeant proceeded to state the circumstances of the case, concerning the alleged proceedings of the defendant and Mrs. Lenderyou at the King's Arms, Falmouth. In September, 1849, Mr. Lenderyou removed to the Red Lion, Truro; his father continuing the business at Falmouth till the end of the term, which expired in the following year. The plaintiff, with his wife and children, went to Truro in October, 1849, and took possession of the Red Lion Hotel, where, it would appear, Mr. Allen sought to renew his intercourse with Mrs. Lenderyou. He took stores at Truro, for the purpose of carrying on the wine trade, and slept at the Red Lion. The learned Serjeant then stated the circumstances which he proposed to prove as having occurred at the Red Lion, connected with the charge against the defendant; stating that until the 14th of April in the present year, the plaintiff had lived on terms of perfect affection with his wife and entertained not the smallest suspicion of any infidelity on her part towards him; she had his complete confidence, and up to that very day the affection with which he treated her was apparently returned by her with equal affection. It might be said that such ignorance of his wife's conduct for a long period of time was strange. But it would be within the experience of most persons that servants and other parties left at home would see a wife's misconduct before the husband; and indeed, the husband fully confiding in his wife, was often the very last to suspect that she had lent herself to others and proved unfaithful to him. Serjeant Kinglake proceeded to detail the events of the 14th of April, and expressed his confidence that the evidence he should adduce would fully satisfy the jury that an adulterous intercourse had subsisted between the defendant and Mrs. Lenderyou for a long period antecedent to that date. On the authority of an opinion expressed by the present Lord Chancellor, strengthened by the opinion of another eminent Judge, the learned Serjeant impressed on the jury that it was not necessary to have actual proof of an act of adultery; if they had reason to believe, from other circumstances, that the passion existed, and that opportunities occurred for the gratification of that passion, it was a fair inference that the parties had that improper intimacy to which such passion would lead. In conclusion, the learned Serjeant urged that though the injury sustained by the plaintiff could not be measured by any amount of damages, yet it was a duty of the jury to express their sense of the wrong done, and the only way in which they could do so was by measuring out such damages as would teach the defendant that he could not act as he had done with impunity - that the English law was a law of morality, and that they, the jury, were determined to carry it into effect, by marking their sense of the serious injury which had been inflicted. The following evidence was then adduced:- THOMAS HICKS - I am parish clerk of Kenwyn, and have been so many years. I was present at the marriage of John Lenderyou and Harriet Ann Brown. I produce the certificate of their marriage on the 14th of September, 1842. Mrs. Lenderyou is the daughter of a farmer in Kenwyn, who lived on his own freehold. ELIZABETH PETERS, single woman, living at Truro. Some five and six years ago I went to live with Mr. Lenderyou at Falmouth, as child's maid, at the King's Arms Inn. He had two children then. I remained between two and three years in the service. I know the defendant. He lived near the King's Arms, at the corner of Killigrew-street. When I first went to Mr. Lenderyou's, for the first twelve months I did not take any notice of Mr. Allen coming there; I was chiefly employed upstairs. After that I noticed his coming to the house as another customer. About twelve months before I left I noticed that his visits became more frequent. In the forenoons, Mr. Lenderyou used to go to the farm and other places. He went away straight up the Moor, passing Mr. Allen's house, at the corner of Killigrew-street, The side entrance to the king's Arms looked up Killigrew-street: the front entrance facing Ludgate hill. Mr. Allen would come to the house after Mr. Lenderyou went to the farm; sometimes he would go into the bar, and sometimes into the nursery. I had that room as a nursery for the first twelve months after I went there; and then it was used as a room for the family to take meals in. When I have seen Mr. Allen go into the nursery, I have seen Mrs. Lenderyou come out of the bar, and also go into the nursery. I have also known her to be in the nursery when Mr. Allen has come in; and I have seen him then go in and close the door; the door has also been closed when Mr. Allen has gone in first and Mrs. Lenderyou followed. These visits were every day when Mr. Alen was in town. When Mr. Allen and Mrs. Lenderyou were in the nursery, the blind was always drawn down; the blind was never down at other times in the day time; I have sometimes seen Mrs. Lenderyou draw down the blind before Mr. Allen came, and then Mr. Allen would go into the nursery. I have known Mr. Allen and Mrs. Lenderyou to be there an hour or an hour and half; they were then alone; the children were in a nursery upstairs. I knew the blind was down, because I went out at the door, to look. I knew Miss EDMONDS, the bar-maid; when Mr. Allen and Mrs. Lenderyou have been in the nursery, I have seen Miss Edmonds walking up and down the passage that commanded the side door, and the view up Killigrew-street and the moor; and at such times Mr. Lenderyou has been out. I have seen Mr. Lenderyou come home from the farm, shortly after Miss Edmonds has been walking in the passage; and just before master came in, Mr. Allen and Mrs. Lenderyou have come out of the room, and he would go into the bar, and Mrs. Lenderyou would go up stairs before Mr. Lenderyou came in. Some time - about six months - before I left, I was going into the nursery for a hair-brush; Miss Edmonds stopped me, and said I was not to go in there; I then went out round to the side door to see if the blind was down; it was down; this was just after ten in the morning; I then went upstairs and waited till I saw Mr. Allen come out and go down the passage; I did not see Mrs. Lenderyou come out. On another occasion, not long after what I have just stated, in the evening, the Boots came and told me something; I then went into the pantry, nearly adjoining the nursery; I waited there a bit, and then went out to see if the shutter was up; I saw that the shutter was closed, and that there was no light in the room, this was about ten in the evening, in the fall of the year. I then went into the pantry again; Mrs. Lenderyou came from the nursery, and closed the pantry door; she saw me but did not speak; I went and opened the door again; in a short time Mrs. Lenderyou came and closed it again; I opened it again; then Mrs. Lenderyou came and sent me on an errand to the kitchen. I went part way, and looking back, I saw Mr. Allen come out of the nursery and leave the house, and Mrs. Lenderyou went upstairs. She came down in about a quarter of an hour, and called me to the bar window, and gave me a glass of gin and water. Mr. Lenderyou was on this occasion lying down in the room up-stairs. There could not be a kinder husband than Mr. Lenderyou was during the time I lived there. On Cross-Examination, the witness admitted that she had herself two children, and she supposed this made her rather suspicious; she had had misfortunes herself, but had no husband to injure; she said she was not very curious nor yet over-particular (Laughter). She denied ever having had a glass of grog given her by Mrs. Lenderyou except on the occasion referred to, and that she did not ask for; mistress called her to the bar window and gave it to her. REBECCA CRISPIN. I am wife of ROBERT CRISPIN who lives at Falmouth, and a daughter of JAMES ROBERTS who managed a farm for Mr. Lenderyou. I was in Mr. Lenderyou's service as child's maid; I went there when ELIZABETH PETERS left, and I remained there twelve months. I attended Mrs. Lenderyou and assisted her in dressing and matters of that kind. She dressed her hair herself; she dressed it in curls, and was in the habit of dressing it smart and well. While I was there Miss Edmonds was bar-maid; the bar window faced the side entrance of the house. Miss Edmonds and Mrs. Lenderyou were much together; I have seen them walking about the house, arm-in-arm, together. Mrs. Lenderyou generally got up about seven in the morning, before her husband. In the mornings after breakfast, Mr. Lenderyou used frequently to go to his farm, about a mile off; sometimes he would go there every day. While I was there, I have seen Mr. Allen come to the house about seven in the morning; he would go into the nursery, and Mrs. Lenderyou would go in there; then the door was closed. I have seen that often. Sometimes Mr. Allen would remain there an hour or more; Mr. Lenderyou would then be in his bed; on such occasions the blind of the nursery was down; I have seen that so about twenty times; when they were not in the room, the blinds was up. I have also seen Mr. Allen there in the forenoons, after Mr. Lenderyou had gone to the farm. Sometimes Mr. Lenderyou would ride to the farm; he would take his horse at the stables near the side entrance. On such occasions Mr. Allen and Mr. Lenderyou would go into the nursery and remain there with the blinds down, and the door sometimes closed and sometimes not. Mrs. Allen sometimes took tea with Mr. and Mrs. Lenderyou; and sometimes Mr. Allen would be there with them. When Mr. Allen and Mrs. Lenderyou have been in the nursery, Mrs. Allen was not in the house. I have sometimes gone to the nursery, and have knocked; Mrs. Lenderyou came to the door, and I saw Mr. Allen there; the blinds were down. On going to the room I have sometimes seen Mrs. Lenderyou sitting on Mr. Allen's knee on the easy chair. I have seen that several times. When I have so seen her, no remark was made by her; sometimes I have gone in and sometimes not; her hair on such occasions was tumbled very much. The bar window is a bow window looking out into the passage; not long before I left, I was passing and saw Mr. Allen and Mrs. Lenderyou in the bar; I came quickly on the window, and saw Mr. Allen kiss Mrs. Lenderyou. I saw that distinctly. There is a room upstairs called No. 2, over the side entrance door; that room looks up the Moor; I have known Miss Edmonds go to that room and look out of the window when Mr. Allen and Mrs. Lenderyou have been in the nursery, and master was expected back from the farm. I have seen Miss Edmonds then come down from that room, and then Mr. Allen would come out of the nursery and go into the bar, or he would go out at the back door; and Mrs. Lenderyou would go up stairs. I have then seen Mr. Lenderyou return from the farm. Before Mrs. Lenderyou came out of the nursery, I have seen her draw up the blind. Corss-Examined - The families of Mr. Lenderyou and Mr. Allen were well acquainted and on very good terms. The nursery was the only room which Mr. and Mrs. Lenderyou could see their friends. The door was sometimes shut when other visitors were there, besides Mr. Allen. I have myself sometimes drawn down the blind and left it down. I never watched to see what was the state of the blind, except when Mr. Allen and Mrs. Lenderyou were in that room. I have drawn down the blind sometimes when the sun was there; I was the only person who did so; no other person had a right there. Miss Edmonds had been there some time, and occasionally took her meals with Mr. and Mrs. Lenderyou; she had the command of the inner bar and took the money. Mr. and Mrs. Allen dined sometimes with Mr. and Mrs. Lenderyou; and Mr. Allen supplied the beer there. Mr. Allen's premises were at a short distance from the Inn, and he was in and out there most days. All the time I was there, Mr. Lenderyou and Mr. Allen were very friendly indeed; master used to call Mr. Allen "Bob," and Mr. Allen called master "Farmer." I have seen them sometimes drinking together. When I saw Mr. Allen kissing Mrs. Lenderyou it was in the forenoon; the kiss was very quick. (Laughter). When the door of the nursery had been open, not knowing any body was there, I have gone in, and have seen Mr. Allen and Mrs. Lenderyou; sometimes he would be sitting down and she standing by him, and at times she would be sitting on his knee; I am sure I have seen her sitting on his knee twenty times; I have then taken what I wanted from the room and gone out; these occasions had always been in the day-time. Mrs. Lenderyou sometimes worked in the nursery; her work-boxes were kept in the bar. I sometimes took the children into the nursery. Mr. Lenderyou used to go to his farm and return at different times of the day. I have seen Miss Edmonds look out of the window of No. 2, the upstairs room, it may be twenty times; that would be towards the time when Mr. Lenderyou was returning and when Mr. Allen was in the house. No. 2 was a room for customers; I have seen Mr. Allen and Mrs. Lenderyou there; and I have known Mr. and Mrs. Lenderyou take their meals there. Re-Examined. When I saw the kiss I was passing from upstairs to the kitchen, and my way was by the bar window. I am sure it was a kiss. (Laughter). It was a common talk among the servants about Mr. Allen going so often into the nursery; We used to call him "Bob Omnibus". (Laughter). Boots put that name upon him for a joke; I do not know the meaning of it. SUSAN HARRIS - I am now bar-maid at the Charlestown Inn, St. Austell. I lived with Mr. Lenderyou, as barmaid at the King's Arms in Falmouth. I am a cousin of his. I went there in 1843, a fortnight or three weeks after his marriage, and I remained there till he left to go to Truro. When I first was at the Inn, Mr. Allen came as a customer; afterwards, about three or four years since, his visits became more frequent; sometimes he came four or five times a day, sometimes less; It depended on his business. Mr. Lenderyou went to his farm, generally every day, if the weather was fine; sometimes after breakfast. Mr. Allen generally came when Mr. Lenderyou was away, and would go sometimes to the bar, sometimes to the nursery; when he went to the bar he would inquire for Mr. Lenderyou? if he heard he was away, he would immediately retire to the nursery, and Mrs. Lenderyou always joined him there; they were there always alone; when they were there, the door has been partially open, and after they had been there about twenty minutes the door has been closed; the blind has always been drawn when they were there; I went outside for the purpose of seeing. Mrs. Lenderyou and Mr. Allen stayed in the room, sometimes an hour, sometimes more. When they were not there, the blind was always up except when the sun was fervent; when Mr. Allen and Mrs. Lenderyou were there the blind was always down whether there was sun or not. Miss Edmonds attended the inner bar; she was there all the time I was there. When Mrs. Lenderyou was absent in the nursery, Miss Edmonds attended in the bar. Mr. Lenderyou stayed away sometimes two hours at the farm. Sometimes Mr. Allen and Mrs. Lenderyou have been in the room when Mr. Lenderyou returned, and they were apprised of Mr. Lenderyou's return by Miss Edmonds. I have seen Miss Edmonds watch from the inner bar door, and she frequently coughed, and sometimes laughed aloud, as a signal; and I have seen them then come out of the nursery and in a few minutes Mr. Lenderyou returned. I have known this happen frequently. I have known Mr. Allen and Mrs. Lenderyou to be in the nursery at night; sometimes after twelve o'clock. I recollect Mr. Lenderyou being at the Truro cattle market, about eight months before he left Falmouth; he came home that night a little after twelve. Mr. Allen was then in the nursery and had been there four hours alone with Mrs. Lenderyou. When Mr. Lenderyou came to the side entrance, he rang the ostler's bell; and Miss Edmonds, who was standing at the bar door, immediately coughed; then Mr. Allen-came from the nursery, rushed into the bar, and took a pipe and sat down smoking. During the time I was there Mr. Lenderyou treated his wife with the greatest of kindness and affection, and she appeared to receive him in the same way; I never knew an angry word between them. Cross-Examined. When Mr. Lenderyou and his wife met, after his return from Truro, they embraced, they kissed; I don't know any distinction between kissing and embracing. (Laughter). What I have stated as to the nursery has reference to a period of two or three years; I have gone out as often as five or six times to see if the blind was up; five or six times, or more. I did not inform the plaintiff of what I found was going on. I thought there was harm in the kissing in the passage, but I did not tell the plaintiff, because I did not like to would his feelings. I did not say anything to him about it, because I knew he would not believe it; Mr. and Mrs. Allen, and Mr. and Mrs. Lenderyou were intimate friends; the families were constantly together. After the intimacy between Mr. Allen and Mrs. Lenderyou became known and talked of, the female friends of Mr. and Mrs. Lenderyou did not visit them as they had done. This was two or three years ago. It was generally thought that people's suspicions were correct. ALICE RICHARDS, widow, employed as a charwoman by Mr. Lenderyou at the King's Arms; WILLIAM HAYMAN, innkeeper, of Falmouth, ostler and boots at the King's Arms in October, 1847; SAMUEL BRYANT, ostler at the Dolphin Inn, Truro, and boots at the King's Arms from March, 1848 to July 1849; JAMES PEARCE, post-boy at the Red Lion, Truro; and EDWARD CARNIE, second boots from October 1849, at the Red Lion; all gave evidence. RICHARD BREWER, waiter at the Red Lion Inn. I have been waiter there since Mr. Lenderyou has kept it. Mr. Allen has frequently come to the house. I remember the Freemansons' dinner. Mr. Allen slept that night in No. 8 room; I saw him there. I recollect the 14th of April last; in the afternoon, about four or five o;clock, I heard Mr. Lenderyou call out to me - He called "Brewer", and "MARY CROWGIE" to come to him; he called three or four times passionately; I went to him, as soon as I had put down some glasses from a tray, and saw him at the door of No. 9 sitting-room. It was about three minutes from the time he called, when I got to him. I thought I heard a noise as of a door forced; when I came up, he was standing with the latch of the door in his hand, and some one inside appeared to be pushing against him. He said to me, 2Brewer, I have called you to witness that I have caught Rober Allen and my wife; he then pushed open the door, and I saw Mr. Allen, and mistress rather behind him. Master called him a d-d rogue and kept blowing him up. He called Mrs. Lenderyou a w-e, and she said, "No such thing, John; you did not catch us." Both Mr. Allen and Mrs. Lenderyou came out of the room together, but mistress was just behind him, and appeared as if she was afraid of master. When they came out, master blowed him up, and ordered them both out of the house immediately. Mr. Allen said, "Stop a minute; I want to speak to you, John; hearken to reason." Master would not allow Mr. Allen to speak to him at all, but called him "villain" and "rogue;" he said you have ruined me and my family," and kept ordering Mr. Allen out of the house. I went down stairs. Mr. Allen was not willing to leave the house, but wanted to speak to master. Mr. Allen and mistress both went into the bar; they were both looking very much frightened; mistress had no cap; her hair, which she wore in curls, was looking rather shaky. Mr. Allen did not leave the house for ten minutes or a quarter of an hour after he came down stairs. When he had left, I went up stairs and looked at the lock of the door of the room; the lock was not injured, but the staple was sprung back; it appeared that the door had been forced and had sprung back the staple. In this room, No. 9, there are two windows, one of which opens against Mrs. HEARD's house, and the other against a blank wall; the blind of the window open against Mrs. Heard's was down; the other was up. Mr. Lenderyou went upstairs for her bonnet and things; she left the house and I have not seen her there since; master still keeps the house. Cross-Examined. Master had gone out to go to the field; I did not know that he had returned till I heard him call upstairs. His father was in the bar. From the bar it is possible to see a person go in or out of the room No. 9 upstairs. I had been in No. 9 a few days before; I had not noticed the state of the lock and staple after Mr. PEARN had had some shawls and silks locked up there. In the room all the furniture were three tables and some chairs. When master accused Mr. Allen, I cannot say that I heard him reply to master, "you are a d-d liar." Mr. Allen said several times; "hearken to reason, John" I want to speak to you a moment." Re-Examined. Master returned in the afternoon much sooner than if he had gone all the way to the fields. When I went up stairs, master had one foot against the wall opposite the door pushing the door inward, and some one inside was resisting. The plaintiff had not been out to go to the fields more than a quarter of an hour, before he returned. MARY CROWGIE; I am chambermaid at the Red Lion; and have been there sixteen months. On the 14th April, while I was about the house, I heard master call me from below; I was in the higher plat. When I got to where master was, I saw him standing in the doorway of the room; he said "look to my wife and Robert Allen." The door was opened, and I saw Mr. Allen just inside the door, and Mrs. Lenderyou in the room. Mr. Lenderyou said to Mr. Allen "You have ruined my wife and family," and called him a wretch. Mr. Allen said to Mr. Lenderyou:- "Listen to reason; it is no such thing." I heard master call his wife a w--e. She said, "it is no such thing; you did not catch us." Her fore hair was rather tumbled; I did not notice her back hair. The blind of the window opposite the neighbour's was down: I had seen that blind several times before during the day; it was then drawn up for the day. The last time I saw the blind was about an hour before the transaction; it was then up. The room was a rather dark one, at the back of the house. The next day I went to the room to look at the lock; I went inside and bolted the door, and my fellow servant stood outside and burst it open against me; the brass that held the bolt gave way as if it had been forced open. When I had previously seen the door the lock was all right; I cannot say how long that was before the 14th of April. Cross-Examined - I heard my mistress say to master, "Tis no such thing." Then master said, "I have caught you"; and she answered "No, you did not catch me." MARY BULLEN, wife of Mr. THOMAS BULLEN, manager of Wood Works near Truro. I lived with Mr. Lenderyou as barmaid; from October to the 22nd of July last. I remember the 14th of April last. In the afternoon of that day Mr. Allen was in the house. Mr. Lenderyou went out of the house in the afternoon, and afterwards returned; when he returned he first went to the bar; this was about four o'clock; he asked me where Mrs. Lenderyou was; I told him she was here a few minutes ago. Mr. Lenderyou then left the bar and went upstairs and in a few minutes I heard him calling "Richard" and "Mary", "come here." I did not go up. Shortly afterwards Mrs. Lenderyou and Mr. Allen came into the bar just together; Mr. Lenderyou was just by them between the bar and the bar parlour. Mr. Lenderyou was reproaching Mr. Allen, and saying "You bad man, what have you been doing?" Mr. Allen said "I am innocent." Mr. Lenderyou said "you have ruined me and my family." I did not hear Mr. Lenderyou say anything of what he had observed. Mr. Allen said he was innocent, Mr. Lenderyou said, "you are not; you have been up with my wife, and have disgraced my wife and family." He then said to me, "Miss Bullen, I have caughter Allen and my wife together in the blue room." Mr. Lenderyou then went to the commercial room to write a letter, and Mr. Allen followed him, saying he was innocent. Mr. Allen then came back into the bar, and Mrs. Lenderyou asked me to pour out a glass of wine for Mr. Allen, which I did not do, and she drew it herself, and Mr. Allen drank it; she then poured out one for herself and drank it, and then said, "My God, Bob, what shall we do?" He said, "I am sure I don't know." She then said, "Can't you send for JOHN BROWN?" (John Brown is her brother). He said, "What good is that?" Mrs. Lenderyou and Mr. Allen then went into the inside bar, and stayed there four or five minutes alone; I being in the outer bar. Old Mr. Lenderyou made a nod towards the bar. I then walked into the inside bar, and they walked out. The young Mr. Lenderyou came, and Mr. Allen went out to him, but Mr. Lenderyou pushed him away. Mr. Allen again said he was innocent, and came again into the bar. Old Mr. Lenderyou reproached Mrs. Lenderyou, and she said, "It is not worse than you have done; see what you have done yourself." The old man called her a bad woman, and said, "See what you have done for your husband and children." Mr. Allen was then at the door of the bar, within hearing. Then Mr. Allen walked away at the back door, and I saw no more of him; the old man walked away after him. Mrs. Lenderyou remained in the bar a few minutes, and then went upstairs. Mr. Lenderyou took her by the two shoulders, and told her to go to doors. She did go away that evening, and has remained away ever since. Up to the 14th of April, Mr. Lenderyou was always very attentive and affectionate to his wife. Cross-Examined. During the time I was at the Red Lion, Mr. Allen was frequently there; sometimes three or four times a day; he always dined and supped with the family, and slept there when he did not return to Falmouth. Mrs. Lenderyou always appeared to treat her husband with affection. On that very day, the 14th of April, old Mr. Lenderyou and Mr. Allen had been drinking grog together in the bar; and Mr. Allen dined with Mr. Lenderyou (the son) and two gentlemen. I did not hear old Mr. Lenderyou speak to his son when he asked where his wife was; and I don't know why the son went to the blue room rather than any other. He had to pass by that room to go to his bed-room. I could not have seen the door of the blue room from the bar, even if I had looked for the purpose. EDWARD BULLMORE - I live near Falmouth, and know the plaintiff and defendant. I knew the plaintiff and defendant during the whole time they lived in Falmouth. I visited them constantly. The plaintiff and his wife always appeared to live together very affectionately; he appeared to be a very kind and affectionate husband. I have since visited them at Truro; they appeared still to be living on the same affectionate timers. Mr. Allen carried on business as maltster and brewer, at Falmouth, in partnership with his brother George. At Truro he carried on, on his own account, the business of a wine and spirit merchant. I should think the defendant is from 28 to 30 years of age; he is a tall powerful man. I know Mr. Allen's business in Truro has been given up; I believe it was given up three or four months since. Cross-Examined - I never heard that Mr. Lenderyou recommended Mr. Allen to open business in Truro. Mr. Crowder then, with real, energy, and ingenuity, addressed the jury for the defence, which he based mainly on alleged improbabilities, inconsistencies, and exaggerations in the statements of the witnesses for the plaintiff; asserting that their evidence was insufficient to warrant the conclusion that an adulterous act had been committed by the defendant and Mrs. Lenderyou; although he admitted that the conduct of these parties shewed levity and impropriety. The learned Judge summed up with great care and impartiality. At a quarter to six o'clock, the jury retired for consultation; and, the court being then adjourned to Judges' lodgings, in about twenty minutes they proceeded thither, and delivered a verdict for plaintiff, GBP350 damages.