Please wait. Contacting image service... loading

Article text

SUPREME COURT.-Tuesday.
(From the Kmpiréj
(Before Mr. Justloe Wiso, and a Jury of four.)
SEROEANT V. WILSON.
This was an aotion for crim con. Damages wore laid
at ii 000
Mr Isaacs and Mr Milford, for the plaintif!, Sir W.
M. Manning, Q O, and Mr. Holroyd for the defendant.
In opening the case, Mr Isaacs said the plaintif} Mr.
floury sergeant was a master mariner and the defendant,
OipUm W ilson, was owner of the well-known steamer,
the I hantom, running betweon Sydney and Manly Beaob
In 1815, the plaintiff was married to a lady named
Chai lotta Phoebe Moi timer Cad ni an. He had been prin-
cipally engaged in the whale fishery, which mvjlved long
absence, and he continued tint pursuit after his mar-
riage. On his return from one of those voyages, he
found that ins wife had loft ¡sydney, ami he was nuable
to hear of her tor \ears Finally, ho ascertained her
whereabout», and bad every reason to believe that the
defendant, with whom «he had been living, had seduced
her. There were som« peouliar features in the case. He
understood that the détenos to be set up was a denial of
the seduction or a defence only tending to mitigate
damages, and seoondlv, certain property had boon set-
tled ou the wife, whiob, during the husband's absence,
the trustees bad made over to her, and the defendant
was one of those trustees The plaintiff, he oontended,
was entitled to damages to the fnll extent of the value
I of that property, apart from the main isane.
Mr. H K James proved the marriage of plaintiff to
Charlotte Phoebe Mortimer Cadnian, at Sydney, on the
25th January, 1845, by reference to the Registrar's
book.
Mr Brammell, custom-house agent, identified the
parties mentioned in the marriage entry as the pUintill
Mil Mrs Vrgeint Had seen her a few days ago, and
heard «he was living at Munly Bjarh.
Honry Cowell, senior sergeant of police, had known
the plaintiffs wife for the last sixteen years, she was
living at Manly Beach , saw her there lost Saturday
In oross-examination, witness said Mrs Sergeant had
lived with her mother, who kept the Steam Paoket Inn,
at Parramatta, during part of Mr bergeant's absence,
and even when ho was in the oolony.
Eliza Young deposed that about twelve months ago
?he was a servant to Mrs Sergeant, who lived at tho
Baths, Manly Beaoh, knew the defendant, Captain
Wilson, who was the oaplam of the Phantom, steamer,
and bad seen him at the baths, ou two occasions she
saw Captain Wilson and Mr« sergeant in bed together ,
the first time was seven or eight weeks after she went
down there, and betweon ten and eleven at night, she
saw them bjkh distinctly, and they «era in Captain
Wilson's room , the next room Mrs Sergeant usually oc-
cupied with ber mother , th-re was a light in their room
at the sido of their bed. Captain Wilson was there
almost every night, and be lived with Mrs. Sergeant as
man and wife , subsequently again saw them together
in bed.
Cross-examined by Sir W. M. Manning Sim was
peeping through a window when she saw them in bed ,
a fellow servant was with lier, there were no curtains
beforo the window but a shawl was pinned up, ha 1
often seen tbe defendant there at night us she i assed,
because there was a door opeuing from Mr* bergeant's
room to Captain Wilson's, witness's maiden name was
Kin* Kukpairick, wbep looking through the window
she was standing on a chair, part of tbe time «he waa
in Mrs Sergeant's service sho (witneas) was away in
hospital with the complaint that now afteoted ber nose
and palate She was not discharged from Mrs. Ser-
geant's servioe for pilfering, and never went down on
ber knees and begged Mrs beigeant to overlook the
ni at tor She was oharged with «tea'ing after they re-
moved lo Woolloomooloo, and her boxes wera «earohed,
but that waa beoause she would not go to court and
«»ear for Mrs Sergeant, she put her mark to the paper
produoed m order to got back ber character, tfad never
deolared that she would be revenged on Mrs. Sergeant.
Re-examined by Mr. Isiaos She had not beard what
the complaint was for which she wa« attended, it was
eolely confined to her throat, nose, and mouth.
Kate Keane had hvod about three months in Mrs Ser-
geant's servioj in the latter part of 16CD, Mrs. bergeant
was living there with ter mother, who kept the baths ,
Csptam Wilson alio lived there, and aotedas the husband
of Mrs. Sergeant in every way, and heard them «peaking
together at midnight in Captain Wilson's bed-room , on
ä subsequent ocoaaion Mrs Sergeant bad asore throat and
mouth, and she asked witnesa to make ber a mustard poul-
tice, which she did, and took it lo Mrs Sergeant in ber
bedroom , next morning found a portion of the mustard
in Captain Wilson'« bed, and some marks on the pillow
of Mr« Sergeant'« mouth, and unmistakable «igniof two
persons having «lent lhere, did not make a mustard poul-
tice for Captain Wilson lhat night, had known Captain
Wilson in the bath-room whilst Mr« Sergeant was in the
batt, and bad sometimes found in the morning that Mr«
sergeant'« bed did not want making, on two occasions had
found Mrs. Sergeant's handkerchief under Captain Wil-
son's pillow, bandboxes were sent by defendant from
Madam Ponder*«, addressed to Mrs Wilson, which
Mrs. Serg»ant rtosived , had never heard the lady
uie other endearing expression« to the oaptain than
"dtar Spenoy," hi« name wa« bpencer, had often aeen
i Captain Wilton and Uri. Sergeant walking together.
Cross examined by Sir W M. Manning Had[been
falsely charged with «'ealing at tho Pier Hotel, shBlett
in consequence, and afterwards went to Mrs '.ergoanl a
finally left Mrs Sergeant's service because thal ladv
falsely reported that witness wont out at night, had
never threatened to bo revenged on Mrs Sorgeint <vos
now in theomploy of Mr aid Mrs Isaacs [Ibis wit
noss »as qnettioned at some length as to tho maten ii
part of hor testimony but without shaking it ]
Mary Ann Milosnater, aged 17, was in Mrs Sergeant's
sorvico about Alleen months ago No evi lence oi a cor-
roborative character could be got out of this witness,
apparently from excess of modesty
Dr Roberts, who had attended the (fitness Kirk-
patrick during the illness abovo referred to, was calico
to remove the imputation made as to the causo of it
Defend nt'scounsel objected to his evidence, and the
other si le said they were quite satisfied with tho objec-
tion and withdrew the witness
Proof wis given that the defendant was an executor
under the will of the late Mrs elizabeth Drew Cadman
1 hi« whs the plaintiffs case
Tor the defence two documents were produced and
read The first purported lo bo an acknowledgment of
1 liza Toung, thai she had returned a black dress and
bonnet that she hal stolen from Mrs Sergeant, and n.
character she had aurreptitinnsl) obtained It was signed
by a mark Mia« Young b ing nnable to read or write
I he Bicond document was a letter from Miss Keano lo
Mrs Sergeant, saying that she would be happy to enter
her service again
Margaret O'Reilly deposed that tbe last time Captain
Sergesnt lived with Mrs Sergeant was twelve years at,o,
I at tho Stiam Pad.et Inn, Parramatta, she was a servant
there, about a yoar afterwards he returned from a voy-
age, and fold his wif s that he wa« not in a fit stale to
live with her, witnesi ohjerved that tho linen he brought
home was in a bul stats, it was destroyed Mr and
Mrs Sergeant quarrelled very much and he said he would
make ber live with him, or ho nould kill hor, tbi« often
occurred, and she once tjok him to court, when he was
ill he wont away for abojt three weeks, and then esme
back, and said he was quite well, but she would not
live with him, but Lontmned to sleep with her
mother, one night there was a row, and the old lady "ax
«oreaming, and the young one was saying she would
never live with him a^ain, the old lady had him fo
court, after Mrs uergeait refused to live with him be
said behind ber baak th.it he would strip her and take
her into the Btreet with a fig leaf, he also Baid he was
no worse than other men and she was no better than
other women, and not half so good as some, and she
munt put up with it he said thoso things constantly
had often heard him say he was not married to her, and
would leave her whon be liked, at another time that be
would chain her donn to his vessel, and carry her away ,
at another he sent her a letter, nnd told her he wonld do
something worse thon that after tho row willi the
mother, witness asked him what was the matter, and he
said he was a sailor, and had a wife in every port,
the wifo said she would not livn with bim, after the way
he had Inrgotfen himself to lier mother, tho old l»dv
said ho »as a villain- hot lie had tried to tate unlo
com ng liberties with her he replied that it was a lie
and called her a bad name he continued to threaten her
for eight or nine months off and on, and be then went to
sea , on his retnrn, about a twelve cronths afterwards,
he had tie row with his mother, and it wan then she
bad him up to court, witness never had any disogree
ment with lum hut he generally quarrelled with his
wife when he did come, on one occasion witnss« heard
tho mother say that Sergeant <vas going to kill Phcabe
and saw her throw a ra^or under the stove, had heard
Sergeant say that Mr« Gudman kept an improper bouse,
and that hia wife was a bad character, for several yearB
Sergeant never returned fo the tnuse, but afterwards
Mr« Cadman took a bouse at Balmain, and Captain Wil-
son lived with her as a hoarder.
CroBs-exmninod Witness left Mrs. Cadman fonr
years last April, Mr» Sargeant lived with her mother
till her death , aftorwar Is »he kepf a boarding house at
Manly Beach, Captain Wilson lived there and witnes«
was a visitor there for ten days she slept orossionallv
with Mrs Sergeant, had seen Mrs Sergeant that
morning and indeed slept in the same house Captain
Wilson had lea there the previous evening, and break-
fast tber» next morning could not say whether hoslept
there had had Innoh while the Court adjourned witl
Captain Huilón of the Phantom, Captain Wilson, Mrs
Nirgeanf, and other witnesses, took no notes of what
Ciptain Sergeant said 15 years ago was now noarly 30
Captain Sergeant's mi ther hvod lhere a few we°ks, but
she waa not turned out by Mrs Cadman.
At this stage the trial was adj urned.
$