The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-03-23 00:00:00

COURT FOR DIVORCE AND MATRIMONIAL

CAUSES, MsacH 19.

(Before the JUDGIIC ORDINARY.)

DANE

DEAN]

This was a petition fora judicial separation, presented
by the wife, Anne Deane, against her husband on the
ground of adultery. The husband was served with a
citation in October last, and a proctor at first appeared
for him, but subsequently withdrew, and no answer was
put in to the petition This case.is the first that has
come on for hearing since the passing of the Divorce
Act. As the petition was unopposed, the husband was
not represented.
Dr. 'Phillimore, with whom was Dr. Spinks, in open-
ing the case, stated that the marriage took place in De-
cember, 1835; that there seemed to be no disparity be-
tween the parties that the husband at first carried on
the business of a brewer, and resided with his wife at
various places in Berks, Wilts, and Bucks; and that
nine children were born, of whom eight were still living.
The husband, however, became addicted to idle and
dissipated habits, and soon squandered his fortune; but
in 1830, by the death of his father, aid in 1855, by the
death of an uncle, he became possessed of a little money.
About this time he became a lieutenant in the Royal
Berkshire Militia, and he appeared to be generally
known as Captain Deane. In 1856 he became connected
with an amateur theatrical society, and the consequence
was that he soon afterwards deserted his wife and went
to Oxford. At the beginning of 1857 he there formed
• criminal connection with Miss Turner, an actress who
once belonged to the Olympic Theatre. The learned
counsel then stated the facts, which were afterwards
proved by the witnesses with regard to the adultery,
and added that no blame could be attached to Mrs.
Deane, who had always lived an irreproachable life.
Before examining his witnesses he wished to ask the
opinion of the learned Judge upon the construction to
be put upon the 41st and 46th sections of the Divorce
Act. Wu it intended that a petitioner who had verified
the facts stated in the petition by affidavit should be put
into the witness-box, in order to give an opportunity for
cross-examination'

Sir C. Cresswell said no party WU allowed to com-
mence a proceeding without pledging an oath to the
truth of the facts upon which the proceeding was
founded, but the Court was not at liberty to take notice
of the statements of the party to a canoe when the case
was brought forward to be proved. He was bound by
the rules of evidence of the common law courts, ac-
cording to which a wife and a husband could not give
evidence for or againsteach other in cases of this kind.
The following witnesses were then examined in sup-
port of the petition :
Elizabeth Sainsbury, the cousin of Anne Deane, for-
merly Anne Sandars, said she was present at her mar-
riage in December, 1835, with Arthur Deane, at St.
Mary's Church, Reading. After the marriage they
lived at Walton St. Lawrence, for a few months, and
then at Devizes. They had latterly lived at Reading.
She had seen some of their children. .

Richard Grant, managing clerk to Mr ;Hanson, • fruit
merchant, produced a copy of the entry of the marriage
in the pariah register. He stated,—l know Arthur
Deane. He has frequently, in May or June, 1856, come
to Mr. flanson's and given his name as Captain Deane.
I saw him at Oxford, in September, 1857. He wee
walking along the streets, and I followed him to Mrs.
Cook% at 11, Glocester-green. He went into the house.
I afterwards saw him at Aldershott, on the 14th of
October, 1857, when I served the citation upon him.
He wag; not in uniform, He was, I believe, serving at
the time. He was in one of the huts with other
officers. . . .

Mr. Samuel Hanson a foreign fruit merchant in the
city, said,—l have known Arthur Deane all my life.
He married Miss Anne Sandars. I was at the brewery
at Walton on • visit to them soon after their marriage.
In the summer of 1856 I saw him at my counting-house
several times on the subject of some proceedings in
Chancery. I produce a letter written by him dated the
31st of August, 1857, [from 12 Glocester-green, Oxford.
The letter is addressed to his wife. (The letter was
handed to the learned judge.)
William Beechy said,—l keep the Ship Hotel at Ox-

ford. A gentleman who called himself Captain Deane
came to my house in January, 1857, and engaged a bed-
room, with the use of a sittimproom. He told me he
was going to perform at the titer Hotel. He remained
about three days. He had a woman with him whom he
celled his wife. He said she was also going to perform.
I saw them perform. These handbills were distributed
at the perforniance. (A playbill was produced contain-
ing the names of Mr. Deane and Mrs. Turner. The
pieces performed were, "She StOdpe to Conquer, Tune
Tries All," and "Domestic Economy." The persons
described in that bill as Mr. Deane and Mrs. Turner are
the parties of whom I speak. They lived together
while at my house as man and wife, (Mrs. Deane, the
petitioner, was shown to the witness, who said she was
not the lady whom Captain Deane had brought to his
house.)
Eliza Cox, servant to the last witness, proved that
Captain Deane aud the lady who came with hint to the
hotel occupied the same bedroom. They went into pri-
vate lodgings at Mr. Jackson's when they left the hotel.
Mrs. Deane was not the lady who was with Captain
Deane. _ .

Louisa Cook, a laundress, said—l live at it, Gloms.
ter•green, Oxford, where I let lodgings. In July, 1857,
Captain Deane brought Mrs, Turner to lodge with me.
Captain Deane lodged next door. He tool( his meals
with Mn, Turner, and was generally with her all day.
They frequently walked out together. I have often
heard him speak of his wife, He told me she was at
Heading, He has slept in the same room with Mrs.
Turner. I have seen him go out of her bedroom in the
morning. I saw Captain Deane and Mrs. Turner out
together.
By the learned Judge.—Another gentleman was
lodging at No. 12 at the Caine time as Captain Deane.
Emily Warland, the servant of Mrs. Cook, eorrobo•
rated her avidenee, and added that she had heard Mrs.
Turner go downstairs at 5 o'clock in the morning,land
admit Captain Deane to the house, and that she had
seen Captain Deane and Mrs. Turner in bed together.
Dr. Phillimore submitted that he had proved his

- Sir C. Croswell said one or two of the links in the
chain of evidence by which the identity of the husband
was proved were very fine, but still there was reasonable
evidence from which • jury might conclude that the
identity was established. The case was therefore
proved, although there was undoutedly nothing to
spare, and he must pronounce for the judicial separa.
;ion. . . . .

Or. Phillimore applied for alimony, pointing out that
the husband's income had been proved to be £164.
None of the children were with the husband.
___

Sir C. Credswell thought that the moiety, £BO a
year, would be a reuonsble sum.

OPENING LETTERS.-A legal question of a delicate
nature is now exciting extraordinary interest in West.
phalli', viz., whether a husband has • right to open his
wife's letters. This arose out of a suit for divorce, in-
stituted by the husband, in which he obtained • decree;
but the conclusive piece of evidence was a letter from
the Lothario, addressed to the wife, and the oontents
of which would never have been known had not the
husband been so ungallant as to break the seal. The
divorced wife at once prosecuted him for opening the
letter and the tribunal of Unne has decided that he was
wrong, and has sentenced him to • fine of ten thalers.
An appeal is pending, the result of which is anxiously
watched by the public.