The Daily Times.
Liverpool, Merseyside, England, 1860-12-13 00:00:00

VTF;ST • COAST OF AFRICA,

The following is the sttrOmary of news brought
by the Athenian, which arrived hs the Mersey on
Tuesday night :
BONNY.—The trade entirely stopped, and had
been for some time, in consequence of a higher
bar being demanded by the natives, to which the
traders refttselto submit. River unhealthy.
CAMEROON S.—Trade very dull. Higher prices
dertianded,for oil. RiVer healthy.
• PERNAXIid Pd. Her. Majesty's exploring-
steamer Pioneer, Lieutenant May, commander,
arrived on the 21st October, after a six weeks'
passage from England. She left Fernando Po on
the 28th October, in company with her Majesty's
ship. Spitfire. The Pioneer was bound to the Cape
and Dr. Livingstone's expedition on the Zambesi.
LA6ciS.—Produce of all kinds scarce, and
higher prices generally demanded. The Kin.' of
Dahomey was continuing his wholesale sacrifice
of human life. The nuttber already murdered
at this one ceremony amounted to 1,700; and
many more await a similar fate, the King con-
sidering that sufficient honour is not done to the
metuciry of his late father until he has sacrificed
.2,500. He had detained ten European traders
at Abomey to witness his fearful custom. The
King has threatened to attack Abbeokuta.
H.M.S. Alecto, Commander Raby, sailed on the
10th November for Nun River and Fernando Po.

SIERRA LEONE.—H.M.S. Espoir arrived on the
2lst of November, having in tow a magnificent,
clipper slave brig, which she captured in lat. 7.10
N, log. 12.,46 W. She was fitted for carrying
500 slaves, which she would have taken on board
the following morning. The captain and super-
cargo had landed with a ho-K - BUM uf-munov fur
the purchase of the slaves. She.had slave decks
laid ani irons on board, also coppers for cooking.
rice, and slave canoes for passing the slaves
through the surf. When taken she had no papers'
or colours; her cargo consisted of rice and water.
—H.M.S.. Industry arrived on the 20th of Novem-
ber from Miyo, with 200 troops belonging to the
2nd West India Regiment, wrecked in H.M.S
Perseverance.
The West Africail Herald says :—" The muni-
cipality of Cape Coast has ceased for the present
to exist. It .seems that the King. and native.
chiefs and captains of the town object to the
municipality on the very substantial ground that
the existence of that body tends to diminish their
-authority and reduce the revebue•they (the chiefs)
derive from hearing causes. There can be no
doubt, however, that every native of education
and intelligence, appreciates the good the mayor
and councillors effected. In abolishing for the
present the municipality, the governor and his
council have, we know, not acted hastily. The
matter has been well weighed and thoroughly
discussed ; and we understand that the -circum-
stance that has had most weight with the execu-
tive government, in arriving at the resolution we
have recorded, is, that there are not educated
natives of position in sufficient nuMbers to enable
the late mayor and councillors to be relieved by
others."
His Excellency the Governor and party arrived
at Accra on the 20th inst. His Excellency was
saluted both by the fort and by the natives. The
chiefs of the interior who were to meet the Gov-
ernor not having arrived at the. departure of the
mail, his Excellency took a short cruise in the
Alecto as far as calling at Anamboe
and Winnebah on his way hence to Accra. His
Excellency was pleased with the reception given
him by the commandant of Winnebah. Captain
do Ruvignes,_.commandant_ n£ Accra. had_ given
general satisfaction. .. -
Under date September. 30, we arc favoured
with the following from Cameroons : Barque
Lotty Sleigh ready for sea, and will sail next
spring ; on the 15th instant the master, James
Irving, died of congestion of the brain. Barque
Moselle loading for Liverpool. Brig Eleonore,
of Hamburg, will sail for Gaboon on the 12th
prox. River very unhealthy.
11Ir. WDermotf,
agent of Messrs. Ashman, of Liverpool goes home
by the Ethiope from ill health. Nothing doing
in .trade.. The captain of 'the brig Commerce
died on the 27th, and hia-son died the 'following
day.
It is with regret we report that, a few days
ago, Captain Kirkwood, of the barque Guilford,
belonoing
was drowned whilst going on shore in his boat at
to Hutton and Cookson, of Liverpool,

Camilla.
. :
A murderous 'attack was made,, ou the 3rd
November, on Mr. Charles Bannerman, the editor
and proprietor of the West African Herald.
The assailants were Joseph Adams, a trader, and
several of his slaves. They were brought up
at Cape Coast and sentenced - to • six months'
imprisonment with hard labour.
The trade on the Gold Coast was brisk. The
Ainericans were carrying all before' them in the
shape of trat._________
______ - ,

,
CORONBIeS INauEsTs.—The Coroner .held thnfollow7
ing inquests yesterday.—On the 1)0,4 of Sarah Jane
di.abam, a child five weeks old, that. was smothered by
being overlain, in bed in Finny-lane Thomas7strect.
Verdict accidental death.—On the body of a new-born
child. It. was found that the child was still-born, and
the jury returned a verdict accordingly.

COURT FOR DIVORCE & .MATRIMONIAL

CAUSES.—Dic. 10.

(Before the Judge Ordinary and a Common Jury.)
WRITTAL V. WHITTAL AND III:NT.
Henry Whittal prayed for a dissolution of his mar-
riage with Eliza Whittal on the ground of her adultery.
5.116 pteitded a denial of the charge, and also counter.
dhaiges-of cruelty and; desertion, and shp prayed for a
-juditia/ separation. The petitioner denied the cruelty
and `desertion, eta' further pleaded that if committed
they had.been eandera. The co-respondent did not,
appear.
Mr. Huddleston, q.C., and Mr. E. Ward appeared
_for ti'e. petitioner ; Mr. Whately, Q.C., and Mr.
Macqueen for the respondent.
The petitioner was a cab proprietor at Birmingham,
and he married tbe respotdbitt, who bad been a servant
at a public house, in February, I'Bl2. 'Within a year
or two of the marriage, she became addicted to drinking,
:and the habit grew upon her until her husband, who
was a hard-working saving man, was una?le to live
with her. They separated two or three times, and. he.
allowed Prer to return home upon her promises of
amendment. 'She did not, however, keep these pro-
mises, and a final separation took place in 1852. He
made her a small allowance until he discovered, in 1857,
that she was living in adultery with James Hunt, a
,idirev. Some of the witnesses called to prove the
cobabito* and the adUltery had known the parties for
several yell* and stated that the petitioner's treatment
of his wife, was Ohfays kind and considerate' that she
was seldom sober, and fliat she frequently pawned her
children's clothes to supply herself with drink. There
'lap two children of the marriage.

bhp- close of the petitioners case the respondent
was tendered as It witness in support of the allegations
of cruelty and clesertfon.:
Mr. Huddleston Objeded to her examination.
Macqueen submitted that the wife's evidence was
admissible, on the ground that her player for a judicial
separation constituted a substantive petition, and was
theequitalent of a suit which was not instituted in con-
sequence of adultery.
The Judge O'rdirary-;--I have no doubt that this is a
suit instituted on the ground of adultery, and therefore
the wife's evidence is exclude&
Some neighbours of the parties Vere then called, who
proved that on various occasions, beginning' soon after the
Marriage and continuing up to the separation, they had
seen *natal beat and kick his wife, and that she had
shown them htnilrs and violent marks on her person. One
of the witnesses, MarinThentron, admitted that she had
seen the respondent " tipsy,' but denied that she had
seen her "drunk." Upon being asked to define the
difference between the two expressions, she said that
drunk meant " very stupid," but tipsy only meant
" not bright." Other witnesses denied that she was
give# to drinking before the separation. It appeared
that immediately after the separation she received an
alloyanbe of 4s. a week, which was afterwards reduced
to grs. ;. that she then applied to the parish, and that the
petitioner Was ordered to increase the allowance to ss.
The Judge-O'rdinary, in summing up, directed the
jury, upon the issue o 4 cruelty, that if a man had the
misfortune to have a drunbeni wife, he was not allowed
by law to beat her by way of ehastisement, or out of
revenge for the injury and mischief she had done ; but
if she assaulted him, and was the originator of a quarrel
in which she got beaten, she must take the consequences,
and was not entitled to complain.
th'e jiury found that the respondent had been guilty
of adultery; end that the petitioner had been guilty of
cruelty, but that it Intel been condoned by the respon-
dent.
His Lordship said it appeared to him that the wife's
drunkenness was the cause of the cruelty of which the
husband had been guilty, and that his cruelty was not
the cause of her misconduct. lie should not, therefore,
refuse a decree.—A decree nisi was accordingly granted.

A JUDICIAL SEPARATION, OBTAINED
'TO ENABLE A WIFE TO CONTINUE
AN ILLICIT INTERCOURSE BEGUN
BEFORE MARRIAGE, SORT ASIDE.
COURT OF CHANCERY, LiNcotses-INx, Dec. 10.
(Before the Lord Chancellor.)
EVANS V. CARRINGTON.
- This appeal from a decree of Vice-Chancellor Wood
was argued during last term. The bill was filed for the
purpose of setting aside a marriage settlement and deed
of separation, on the ground of the dissolution of the
marriage by reason of the adultery of the wife. The
bill stated that after the marriage the plaintiff lived and
cohabited with the defendant, Mary. Sophia Carrington,
as his wife until the 21st of March, 1851, when the
said defendant, Mary Sophia Carrington, left the plain-
tiff, and rented any longer to cohabit with him ; that
very shortly after the said marriage the plaintif had
reason to believe. that he did not possess the affections
of his wife, and from the 21st of March, 1851, the
plaintiff and defendant, Mary Sophia Carrington,
had lived separate from each other. By an indenture
of settlement made on the marriage, the plaintiff
appointed a yearly rent-charge of £5OO, arising out
of real estates, to the use of the said Mary Sophia Car-
rington for life, in case she survived him, and by
..the
same indenture it was provided that any future acquired
property of the wife should be settled on the husband for
Ntith remainder to the wife for life, with remainder
upon trusts for the issue of the marriage. 'Mary Sophia
Carrington brought to the plaintiff £l,OOO as a marriage
portion. The deed of separation was dated the 10th of
May, 1851, and by it theylaintiff entered into the usual
covenants for enabling his wife to live separate. The
plaintiff also covenanted to pay during the joint lives of
himself and Mary Sophia Carrington an annuity of £250,
and to increase that amount by a, further annuity of
4400 upon the death of the plaintiffs mother—The bill
contained an allegation to the effect that shortly after
the deed of separation the plaintiff had reason to believe
that thedefenclant, Mary Sophia Carrington, had coin-,
mitted adultery,- and was in the habit of committing
adultery, with a person named Robert Ansley Robinson,
and that the defendant, Mary Sophia Carrington, had,
previously to her said marriage with the plaintiff, com-
mitted fornication with the said R. A. Robinson, -and
that the affections of, the `said Mary Sophia Carring-
ton were, in fact, pledged to the said R. A. Robinson
when she ,was married to the plaintiff. In July, 1854,
the `plaintiff bronzlit all action Of trim. con. against
Robinacm, which resulted, in the first instance, in a ver-
dict for the defendant ; but, upon a new trial, the
plaintiff obtained a verdict, with £5OO damages. In the
month of February, 1858, the plaintiff commenced pro-
credings in the Divorce and Matrimonial Causes Court
for a dissolution of the marriage, and obtained a decree
for the dissolution of the marriage, with costs to be
paid by Robinson, the co-respondent. The Court was
also applied to for relief in respect to the marriage settle-
ment, but .declined to intei fere, on the "<rround that it
had no jurisdiction. The plaintiff's costs ;round
the proceed-
ings in the'Divorce Court were taxed at £1,284155. 10d.,
and, in addition to these, he had incurred costs in the
action of trim. con. to the amount of £5,000, including
costs of Orckeetlings. in' the Arches' Court, part of
which he had been able to recover. The annuity secured
by the deed of separation was regularly paid by the
plaintiff down to the decree for dissolution of the mar-
riage, after, which lie declined to make any further pay-
ments. In October, 1859, an action was brought agannst
the plaintiff
,to recover one year's annuity under the
separation deed, and thereupon the present bill was
filed, praying that the settlement and the deed of separa-
tion, or, at least, the said last-mentioned deed, might
be declared wholly void, .or be of no effect from
the date of the said decree of the said Court for 'Divorce
and Matrimonial Causes. The plaintiff at the same
time 'offered to transfer or otherwise deal with the said
portion of £l,OOO, and to relinquish or otherwise deal
"with• any other benefit to which he might be entitled
under the' said indentures or either of them as the Court
might think tit. The bill also prayed that the Court
would give dirprt;nns to proceed to the Divorce Court,
in the event of its being of opinion that the Court had
no
.jurisdiction ;, that the amount of the costs of the
plaintiff before-mentioned might be repaid out of the
annuity or annuities secured by the 'deed of separation,
in the event of such deed being declared valid; and
that an injunction might be granted to restrain all
proceedings at law. The plaintiff alleged that .at the
time of his marriage he was wholly ignorant of any for-
nication or improper intercourse having taken place
between the said Mary Sophia Carrington and the said
R. A. Robinson ; that he believed at the time of the
marriage, and also thenceforth down to the date of the
1 deed of separation, and for some time subsequently
thereto, that the said Mary Sophia Carrington was a
virgin at the time of the said marriage, and of unim-
peachable conduct; and that unless he had had this
belief he would not have married her. The defendant
demurred to the bill, and the Vice-Chancellor allowed
the demurrer,.,but gave leave to amend the bill. This
was done, brit upon the cause coming on to a hearing
his Honour dismissed the bill, with costs. The plaintiff
appealed from this decision.
Mr. Rolt and Mr. Hallett appeared for the appellant;
Sir 11. Cairns and Mr. Freeling supported the decree.
The ease stood over for
judgment:
The Lord-Chancellor this morning delivered judg-
ment, and said that he was clearly of opinion the mar-
riage settlement could not be set aside for the reasons
stated in the bill, and therefore that portion of the
decree of the Vice-Chaneellor 'relating- to that deed
must be affirmed. He had.come to that conclusion very
early in the argument of the
ques-
tion had not been so much mixedupwith the otherpar
of the ease he should not have required to hear the
respondent's counsel. This portion of the case was not
to be decided Napoleon,
accordingo to the Levitical
law,. or the
but must stand sr,lindeed, according to any foreign law,
very explictihteo solely upr the English law, which was
upon the point. There was no ground for
upsetting marriage settlement on the ground of
fraud, nor could it ever have been impeached in this
country, except
whichCunder the tyrannical law of Henry
VIII.,
of incontinence before
a woman who had been guilty
The l before marriage, and set aside the mar-
riage.settlements had
dv of this country in respect to, marriage
undergone no alteration under the
recent Divorce Act, and he (the Lord Chancellor) was
of opinion that by the law a decree against the wife
for a divorce did
not abrogate the marriage settlement.
Until very lately
a dissolution of marriage could only, be
obtained as a
of Farliameneilvileginill' and by means of a special Act
and the law made no difference whether
a divorce
were brought about legislatively by' Parliament,
or judicially b
been conferred upon the Divorce Court. No new power had
statutesup
regulating
the Court of Chancery by any of
the recent
its jurisdiction in respect
to marriage settlements,
exactly in the and therefore the law remained
the, Divorce !ame state as it was before the passing of
opinion did Act,
not warrant
and in his (the Lord Chancellor's)
present warrant the Court in setting aside the
of separation marriage settlement. With respect to the deed
must say that, after great consideration,
he was unable t
o come the Vreat;
to the conclusion arrived at by
ported. ice-Chancellor that it was capable of beinr, sup-
deed mild not bbreed•
with that' learned judge thatb
the
that Robinson carried
impeached unless it were clearly shown
the wife at the rcried on an adulterous intercourse with
deed, if valid at ulle
of its execution ; nor cottld, the
by any subsequent the
time of execution, be invalidated
which he had acts of adultery. The ground upon
deed of se had
to 'the conclusion that the
fraudulent in its very
to be set aside,was, that it was
having induced her husband
by reason of the wife
enable her to continue usband to execute it in order to
illicit intercourse witli Robinson,ith impunity after marriage, an
on previous to which had been carried
with such a view, marriage,and If the deed were obtained
would any Christian or for such an immoral purpose,
enforcing it ? His Lordship
tribunal assist a wife in
evidence with great care
rdshiP then went through the
here was a woman who/ andi said that the result showed
' •
otlid been gradually trained by
her seducer in a course
becortie lost to all sense of dlaseiviousness, until she had
esta-
blishede that an antenuptiat ceney. It was fully
intercourse had taken place

I between her and Robinson; and he had come to this.
.conclusion, not from any evidence he had heard vied;
voce when presiding in another court, but from the
. written testimony adduced in the present suit. Look-
ing, to the evidence as to what occurred between the
marriage and the separation, he could find nothing
in the conduct of Mr. Evans, the husband, of which
complaint could be made, extent that he wished his
wife to live with. his mother, contrary to a promise;
made before the marriage. On the part of the;
wife, however, she showed a dislike to her hasband,n
desire to quarrel with him, and a strong inclination
to return to Cheltenham, and that a separation was
then in her contemplation, while it was manifest
that.subsecitent to the execution of the deed of separa-
tion she renewed her illicit intercourse with Robinson..
The Vice-Chancellor had observed that it was not un-
natural a married man, an old friend of her family,.
should have acted as her adviser; but it should be recol-
lected that this married man and friend of the family was
the person who was proved to have been guilty of inde-
cent familiarity and improper conduct towards her before
her marriage, who took a house for her in the Edgware-
road, where he visited her—having the privilege of a
latch key—and carried on an adulterous intercourse
with her there. All this had been proved to the satis-
faction af a jury, if not upon the first trial for criminal
conversation, certainly on the second trial, and also to•
the satisfactimi of the judge and jury in the Divorce
.Court..- Upon these grounds he (the Lord Chancellor)
was of opinion that the deed of separation ought to be
set aside, carrying out the principle that no one should
be permitted to induce another person to execute a deed
whereby the person procuring the execution might be
enabled to carry on acts of immorality with impunity.
The result was that so much of the decree of the Court
below as related to the marriage settlement would be
affirmed,-and'lliat part relating to the deed of separation
reversed, and the deed itself declared null and void.
There would be no costs given on either side, either in
the Court below or on the appeal.

ECCLESIASTICAL INTELLIGENCE.

BENEFICES AND APPOINTMENTS VACANT.

Oxford St. Clement : vaI.RECTORIES £120: pat. Lord Chancellor : Rev.
E. A. Litton, pcorn.
Ulcombe, Rent : dio. Canterbury : val. £379, with residence
pat. Hon. C. B. C. Wandesford, Rev. S. Mence, dec.
PERPETUAL CURACIES.
Islington, St. Matthew, Middlesex : dio. London : val. £250
pat. P. C. of St. Paul,
Islington, St. Michael, Middlesex dio. London: Rev. L. R.
Are, prom. Balls' Pond : Rev. E. T. Alder, dec.

CHAPLAINCY.
Batavia : British Consular : Rev, J. E. Scott-Monerieff, dec.

CURACY.
Feliskirk : co. and dio. York.

PROFESSORSHTP.
Edinburgh University : Ecclesiastics/ History : Rev. Dr.
Robertson, dec.

LECTURESHIP.
Worcester Diocesan Training College : Junior Lectureship :
salary £lOO, with rooms, commons, &c.: testimonials before
Dec. 20.

MASTERSHIPS.
Cheltenham College Elementary Classical.
Helston Grammar School : salary 20 marks : testimonials to,
the Rev. B. C. Powles, Blackheath, before Dec. 15.
King's Lynn Grammar School : senior : salary £l2O.
Rochdale Grammar School: salary £27 and capitation fees
testimonials before Dec. 11.