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On this Page 2
Supreme Court-Civil Side.
Wedneday, June 2.
On the assembling of ihe Court this morning^
Mr. Justi.e Burton made his appearance upon
the B 'rich, and it was privately announced to
the bar thal in consequence of the sudden di-ath
of the lady of ihe learned Solicitor General on
the previous night, he would "be prevented from
proceeding ' in the case of Carrick against
Russell, which had been postponed to this
morning. Shortly afterwards Mr. Justice
Stephen arrived. Mr. Justice Burton retired
lo the other Court-room to hear assessment cases
and the case was resumed.
Mr. Windeyer applied for the indulgence
of the Court to examine another witness for
the plaintifF who had been unavoidably absent
on the day previously.
Mr. Foster opposed the application on the
ground that the plaintiff's case was closed.
Mr. Justice Stephen said, that it was always
objectionable to admit such a witness, except
for the purpose of supplying some defect in the
evidence, or inadvertency on the part of Conn
sel, but he would consult with Mr. Justice
Burton upon that point of practice, and if he
considered such testimony admissable under the
circumstances he, (Mr. Justice Stephen) would
bow with deference to the judgment of his
senior.
Mr. Justice Stephen retired for that purpose
and stated on the return, that Mr. Justice
Burton and himself bavin ; conferred upon the
sulject, it was their opinion, that the witness
might not lo he calledi as it would be establish
ing a highly dangerous and unadviseable pre-
cedent.
But Mr. Foster having waved his objection,
Mr. Surgeon Neilson was called. I am a sur-
geon ; I know the plaintiff and defendant ; I
have known Mr. Carrick for seven or eight
years back ; a* far'as I know of Mr. Carrick
and his family they are respectable ; I only
know them as a medical attendant to the family ;
it is four yea s ago t-incc I last attended them ;
[ have seen the family frequently since ; I
have seen some loiters which Mr. Russell showed
me shortly before his marriage; inpresenceof his
brothers John and Peter and a Mr. Shearer,
an assistant of mine, he said, he must marry
Miss Carrick; he said on another occasion, he
had got the first of her.
Croís.exnmined by Mr. Darval.-I never
attended any parties at Carrick's, nor have they
attended at parties at my house ; my acquain-
tance with Miss Carrick has cea-el since she
was a mere child ; she might have been either
very chaste, or very profligate since then, for
ought I know; it was in the parlour of his own
house that he showed me ihe letters which he
had received from Maitland ; he said that she
was about four months in the family way to
him ; the brothers were quarrelling willi bim
for thinking of marrying her and they talked
of dissolving partnership; 'the brother John
»aid, she was a girl of a worthless character,
and I said if that were the case he ought not
to marry lur.
Mr. Windeyer wanted to call Mr. Driver,
but the Court would not allow him.
Mr. Foster ilion addressed the Jury for ihe
defence. Ho said although his learned friend
had exhausted a great deal of eloquence
opening the case yesterday, he thought he
might almost leave the case in tho hands of the
jury, on the evidence produced by the plaintiff's
witnesses. Seduction has a horrible sound ii
itself, but one case of seduction differs from
another materially. It is for the Jury to con
sider tin se points of difference. In the
first place, what has been the conduct of
the father and mother who had charge of this
young giri t If they guarded her with proper
care and attention, they were entitled to more
consideration than if they had treated her with
neglect. The next point was, had.ihedefundant
employed any great artifice or taken advantage
of any peculiar circumstances to accomplish it ?
The next point is, has the girl shown any re-
sistance to those arts as a virtuous girl would
do ; or has she thrown herself into the arms of
the defendant and seduced herself, instead of
being seduced by him. Let them look at the
evidence of-herself relative to the affair? Does
there appear to be any regular introduction to
the family ? His learned friend spoke of his
being admitted as an honourable suitor. She
swears he came to pay his addresses to her with
her father's consent. Now, what turns out ?
Why, that she is taken by a woman named
Jerrome to his workshop, where the first ac-
quaintance was formed. Was this like using
any arts? Or did it show proper care on the
part of the mother and father to allow them to
go together ? And a few nights afterwards the
mother and she are standing at the door, look-
uwsjiütwiiaiJuiujjJUMui'aai
ing out for some such likely yemng man, and
they invite him into the house. One would
think from the evidence of the witness, that he
had permission to pay his addresses, but it
comes out that the father was away ! The next
thing is, the mother allows them to go off to-
gether at half-past seven o'clock in the evening
into the Domain, and by eight o'clock the busi-
ness was all over.-(Laughter.) He did not
want to create a laugh. This was her own evi-
dence. He could not avoid giving it. It was
certainly laughable-ridiculous to bring such
an action into Court. Then this transaction
did not take place in a room where there was a
bed or a sofa, but in the open field. Russell
might say to Doctor Neilson that he had had
the first of her favours from her, but he would
show that she was well practiced in his out-
door-work ! - (Laughter.) She pretended she
did no know a person named Cox ir-he th« fil el
and shifted. He would prove that she had had
connexion with two other individuals six months
before in, the passage leading from Bridge-
street to Queen's-place, and they (the Jury)
would then judge of the comfort the father was
deprived of. There appeared to be nothing
like artifice employed by the defendant. The
woman evidently threw herself into his arms.
What was the evidence of Doctor Neilson and
those letters? His friend, too, yesterday,
talking about Russell's aristocratic feeling.
He had no such feeling until he afterwards
found out the kind of character she was. He
was an infatuated young man, it was true, and
the letter and Doctor Neilson were perfectly
consistent, and (he thought) made in favour of
the defendant. Young men are liable to such
things-human nnture cannot be controlled.
There were few Josephs here who could with-
stand the seduction of women. She might have
persuaded him that he had enjoyed her first
favours. It was about the time of this conver-
sation with Neilson that he wrote the letter
and what did the letter say? (Here he read
the letter, commenting on its contents in favour
of the defendant.) It was evident from this
letter that his motives were sincere, and his
conduct consistent. He intended to have mar-
ried her, until he found out that she was a loose
character, and admitted the embraces of other
men, and he was perfetly justified ! He would
have been a fool to do otherwise ! Now, if he
shewed that she admitted the embraces of two
men in that passage, he would ask, what da-
mage had the plaintiff sustained ? This was an
action for compensation for damage-where
was the damage ? Where the loss of service;s
if he proved her a common strumpet, and he
could call her nothing else! And her mother,
too, to allow her to go with him ! The girl in
giving evidence calculated the thing very well.
From November to last March they were to-
gether, and no declaration of marriage was
pressed on him , and she seems a very knowing
kind of a lady too- she fixes the last time of
connexion at just nine months before her con-
finement; so that all the comfort, &c. was gone
before the defendant met her. They might have
heard it said that i' was a wise child who knows
his own father, but this child, had it have lived,
could not even have guessed at it!-(Laughter.)
If she had had a better mark she would have
made him the father of her child. She might
have thought that he was the father. It is
well known that when women are bad they are
worse than men, although they seduce them.
Their best evidence was that of Doctor Neilson,
but he knows nothing about her since he at-
tended the family three or four years ago, and
he says since then, she might have led the most
profligate life. He (Mr. Foster) had asked her
about dances, which she only half and half
denied, and said " not when my father came
out," and the mother to let her go with him!
The object to get money was evidently the only
one which they had in view. He admitted that
they had made out the claim of the four guineas
for medical attendance against them. He
hoped the Jury would teach people, who neg-
lect their children, and through whose negli-
gence they become seduced, that they need not
come to them for compensation. One farthing
damages was the largest verdict they could
possibly give under the circumstances.
John M'Kenzie-I am in the employ of Mr.
E. D. Manning; I am free now; I was once
in the employ of Mrs. Carrick, when Carrick
was in England ; I know the defendant Mr.
Russell ; I have been frequently employed by
Miss Carrick to take writien and verbal mes-
sages to him; I have been called out of my
bed as late as eleven o'clock at night ; I don't
know the contents of the notes, but the verbal
messages were, .' to go and tell Mr. lîussell,
thal Miss Carrick wanted to speak to him ; I
saw them together on several occasions ; I have
seen her more than once with him in the work-
shop ; I have seen her waiting in the alloy that
h'ads from Queen's-place to Bridge-street about
8 or 9 in the evening and later.
Cross-examined by Mr, Broadhurst, who
assisted Mr. Windeyer for the Solicitor General
-I came in the country in the name of Jones ;
I slept in Mr. Manning's offi-e when Miss Car-
rick used to send me to Mr. Russell; I liad
taken those messages a week before Miss Car-
rick went up to Maitland ; it was when Mrs.
Carrick lived in Brougham-place, when Mr.
Carrick was in England about two years ago,
that I lived with her ; my name was then
Jones ; it might be about two months before
she went to Maitland that I took the first mes-
sage for Miss Carrick.
lto-examincd by Mr. Darval-I came to the
country in ti fictitious name, but when I became
free I then took my real name ; I am a married
man.
William Wilson examined-I am a printer,
and know Selina Carrick; 1 knew her about
two years ago. (This wtness was called to
impugn the character and conduct of Miss
Carrick. The greater part of his evidence is too
gross for publication. I went to Mr. Rodd to try
to get this matter settled without coming into
court, but not on account of Russell ; I would
have given £5 rather than come into court and
give the evidence I have this day ; I did not go
hunt after witnesses, but went with one of Mr.
Russell's men ; I did not like to see Russell's
family exposed, as I have known them a long
time ; I was sued by Carrick for 10s, which he
lent me; I did not defend the claim but paid
it ; I never was charged by Mr. Jones or any
one else with embezzlement, but left to open a
public house, the Daniel O'Conncll at the
corner of Queen's-place; I held the license for
twelve mouths and lost it ; I am not now in
employment ; there are too many printers walk-
ing aboul Sydney, out of employment ; I havo
been employed on the Australasian Ck onicle,
and resigned lo go to the Herald ; since it has
been panted with a machine I havo been out of
employment; I was employed by Dr. Ross on
the Hobart Toron Courier for six ycart?.
Re-examined by Mr. Foster-When I was
refused my license, thero were 5[)othur« refused
with m > ; it was for being fined three times by
constables that I \>as refused ; it was about two
years ajo that Russells moved into their present

shop ; it was after that I siw the occurrence with
Cox in the passage; I cannot swear whether
Carrick was in the colony then or not ; I went
io Mr. Rodd of my own account to try to pre-
vent this case from coming into court ; 1 told
Mr. Rodd I would sooner give £5 than appear

mid «ive evidence.

Mrs. Mary Ann Jerrome called-l am married
woman, my husband is storekeeper to Mr.
M'Gaa; lam acquainted with Miss Selina
Carrick, and know her about five years ; I also
know Mr. Robert Russell, the defendant ; I
never saw the girl do bad, but I have heard
people talk about her; 1 know a man named
William Baylis, and have seen Miss Carrick
in his company about two years ago, before
Carrick came from England ; I saw them to-
gether in her mother's house in Brougham-
place ; I have seen them in the house occupied
by Mr. Carrick now ; I have known her and
Baylis to be in that house by themselves until
2 or 3 o'clock in the morning ; I live in Queen's
Place ; they came that night to my house for a
light ; Selina Carrick has been out all hours of
the night with John and Robert Russell; she
kept company with both of them at the same

time.

Cross examined by Mr. Windeyer-I have
not had any communication with Mr. Carriek's
family these two years; since Mr. Carriek's
return from England, I have spoken to bim,
and kept up the communication willi the family
for about six months after ; Bayliss and Selina
Carrick caine to me for a light on the night I
speak of; I positively swear thero was no one
in the house but themselves, because my husband
told me ; I was not in that house, which is a
very large one, on that night ; thpy said they
came to repair some steps, and that they were
about moving into the house; I knew old Mr.
Russell, who was a nice old gentleman ; I liked
liim viry well ! ("laughter) he is dead ; he used
to scold me for giving my child to Selina to
carry, for he said she was not worthy of carrying
a child ; I was transported for 7 years for for
gery ; I am now free, and never got into any
trouble; Mr. Carrick is no better than me, for
he got life, and I only got 7 years ! (great
laughter) This witness' manner of giving her
evidence under cross-examination, created con-
siderable meiriment and laughter in court.

Mrs. Jane Jones was called into the witness'
box, but His Honor would not allow her to be ex-
amined, in consequence of having observed her
peeping into the Court during the examination
of other witnesses and apparently listening.

Mr. Brent Clement Rodd, the attorney for
the plaintiff, was then called to prove that the
witness Wilson called at his office for the pur-
pose of compiomising the action, as agent for

defendant.

Mr. F -stor objected to such evidence being
received, and a long argument ensued.

Mr. Justice Stephen ruled, that the evidence
of Mr. Rodd was admissable, because it was
material to the issue. His Honor took a note
of the objection and the examination of the
witne*-s proceeded, as follows:-Wilson came
early one morning about a week ago; he said,
he came to see if the matter could be compro-
mised; that he came on the part of the
Rus-ells ; I added up a sum which I thought
would be a fair compensation to which he ob-
jected ; he told me to name another sum, hut I
told bim the offer should come from the Rus-.
sells ; I was anxious that the case should not
have come come into court ; I offered lo give
np my costs if it could be kept out ; I under-
stood from Mr. Smith, the plaintiffs attornej',
that the matter should be settled out of court,
without prejudice, and I feel that I have been
unfairly and unhandsomely treated in the trans-

action.

Mr. Justice Stephen said he regretted Mr.

Rodd had introduced Mr. Smith's name. Ii
had nothing to do with the case, and he wished

Mr. Rodd to recall his words.

Air. Rodd said he tould not conscientiously

recul what he had said.

Mr. Foster then addressed the jury on the
subject, and

Air. Windeyer (after feelingly advening lo
the melancholy bereavement of the Solicitor
General, whereby ihe duty of reply devolved
upon him,) replied at great length. »

His Honor summed np the evidence with
great care, and directed the consideration of the
jury to ihe fullowing points : - First, as to
whether due care or culpable negligence in the
charge of the girl could be atlributod to (he
p'aintiff. Secondly, th* eli tractor and dispo-
sai m of the girl herself; and thirdly, the state
of tlu parties in life, in consideration of the
damages -the amount of which would naturally
siggist itself to their minds, on a review of

these considi rations.

The juty then retired for half an hour, and
returned with a verdict for the plaintiff-da
mages, .£300.

[We cannot help making some remarks upon

the want of decent manners in certain members
of the bar. During the above trial-a woman
had the misfortune to be examined a* a witness,
and Mr. Windeyer called her a prostitute, a
strumpet, a Scott li strumpet-which he was
pieasid to say was the worst of all strumpets
a streit walker, and finally a bitch!-and all
these ^emle appellations were showered upon
lier, for no earthly cause, thal wo could divine,
but that she was an opposing witness. Again,
another witness was a worthless vagabond,
a hound, fellow, wretch, &c. &o , with just as
mmh appar nt provocation After which came
his speeih, which we take upon us to pronounce
to have been a climax of bad taste, want of
judgment, and 'extreme vulgarity. The pre-
tendí d emotion in the exordium and peroration
of it was aitificial feeling in all its naked de-
formity-it was put on and thrown < ff like a
6ummir garment, and when he drew a com
paristn let ween the affliction of the father of
his s--t client, and that of his friend al
the bar, under his sudden bereavement, wo were
absolutelysitk at heart, we were choking with
disgust ! Great God ! how degrading must be
the hireling profession, which thus stifles mo-
rality, and annihilates habitual character-for
Mr. W. in his private character is pre-eminently
a gentleman. The Judges are much to blame
for this-viz., that when a disputed point of
-aw arises, the floor of the Supreme Court be-
comes a regular cockpit, with this reservation
in favour of the latter-that there, only one
couple is allowed to encounter at a time, while
under the noses of their Honors some four or
five wiglings are let loose at once. We have
spoken warmly on this matter, and if Mr. Win
deyer should »Ince under our remarks, we
hope he will learn to reflect that the persons,
whom he almost daily abuses, under ihe pro-

tection of his profesbional character, have tiol

ings as well as himself.

-Ed. Syd, Gazette.]

Gas.-On Sunday last wo heard that the
Independent Chapel, Pitt-stieet, was biilliantly
illuminated with gas. Preparations are making
to get Dr. Lang's Church similarly enlightened.
We hope all (he other Churches in town «ill
follow so laudable au example.

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