The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-12-27 00:00:00

Legal.

COURT OF PROBATE AND DIVORCE, Dim 20.
(Refine SIR C. Cagmwei.L.)

ANTHONT V. ANTIioNT.
This was • petition by Eleanor Sophia Anthony, pray-
ing for a judicial separation (row her husband, Mark
Anthony, on the ground of cruelty. The respondent
denied the charge.
Dr. Spinks and Mr. 1). Keane appeared for the peti-
tioner; 1)r. Deane, Q.C., and Dr. Swabey fur the re-
spondent.
The parties were married at Surbiton on the 18th of
April, 18441. They cohabited in various parts of London
until 1856, and have had three daughters, Phosbe, Con-
steam, and Drace, born respectively Ca 1849, 1851, and
18.13. Mr. Anthony is an artist by profession.
Mrs. Anthony, in her exai ii iii stion, stated that her
maiden name was Marshall. In 1853 she and her hus-
band were living at Bayswater. Just before her last
child was born she repeatedly asked him for money to
buy clothes, but he would not give her any. She ob-
tained L-2 after her confinement from Mrs. Lucy, a
friend of hers, to whose husband Mr. Anthony had
lent £lO. When Mr. Anthony was informed of it he
was very angry, and ordered his bedroom to be locked
against her. After that confinement he never returned
to her room, but slept with her occasionally. They had
a servant named Limes, Bennett, and about this time
she discovered her sitting on Mr. Anthony's knees. :ice
immediately told bar to leave time house. Bennett said
she would not go unless her master discharged her.
Mr. Anthony 'aid, "Sue will get no di's:barge from
me." One day in May, 185.1, Mr. Anthony bad been
out sketching, and came home to tea. Ile told Bennett
to make tea fur him. She said Bennett should never
take her Waco at the tealable while she was in the
house. Mr. Anthony then struck her over and over
again on the head with such violence that all her combs
were broken, and her temples were much bruised, and
pushed her violently out of the room. She fell on the
mat, where she lay until Mrs. Dean came downstairs
and helped her up. Mr. Anthony occupied a bedroom
next to that of Bennett, and her room was on the floor
below. She was frequently disturbed by noises over-
head, and one night alie went upstairs, and saw Mr.
Anthony coming out of Beouett's room in his night-
shirt.

Judge Ordinary doubted ;whether this evidence
was admissible, as it terided tu show that the husband
had been guilty of adultery.

Spinks ',Omitted that the statnte did not exclude
the evidence of a husband or wife as to adultery, ex-
cept in suits instituted in consequence of adultery.
This suit was instituted in coast:qui:nee not of moluitery
but of cruelty.
Tim Jusbre Ordinary.—You are quiet right. It is
rather a curious state of things, but so the law stands.
Mrs. Anthony eontinued.—W hen she accused tar
hushand of having committed adultery with Bennett,
he told her to mind her children. She frequently re-
mested iiiui to send Bennett away, but be would not
lim April, MA Bennett's sister came to use in th
house. In the following July she remarked Go Mr
Anthony that this siater was not a respectable girl,
upon which he threw a jug of hot coffee in her face.
On another occasion when she was repneml.ing him
with la hieing Bennett rather than her, he threw a jug
of cold water over her. He also struck her a dreadful
blow on the head. One of her fingers was nendentally
cut to the tendon, and he would not allow it to be
dre.simed for five hours. In June, 1855, alime received a
letter frum her mother which annoyed I , and he
called her vile 1121111 g, and pushed her out of the Mall
I with a chair. In July, MA she went on a visit to her
, father-in-lase at Waahford, and Mr. Anthony told her
when 'she was starting that she had lost her home, anti
lie intended to make Emma Bennett "lord over many
things." She was absent five weeks, and when she re-
, turned he made • great piece of work because the had
I spent 15s. that she hail taken with her in washing for
I herself and the children. About the same time he told
I Bennett in her presence that she bad accused Bennett
of stealing currants, that she was a very bad wife, and
Bennett must watch her, and that Bennett might say
what she liked of her. Bennett was very insolent to
her. Ile then threw her out of the room and kicked
her. When her father-in-law died in October, 1855, Mr.
Anthony provided similar mourning dresses for her and
the children and the servants. Ile refused to allow her
a bit of velvet in addition. He told her he wished she
would go away, and offered to allow her CM a year.
When she asked how she was to live he said he saw no
necessity for her living at all, but if she must live she
might prostitute herself. Bennett always had charge of
; the keys of the house. She once accused Bennett of
trying to put something in her beer, upon which Hew
nett endeavoured to lock her in the coal cellar, and
sent for ms. policeman, but lie refused to interfere. Mr.
Anthony was then out, and when he returned ho told
her it wou:d have dune her good to be incarcerated. lle
then wrote Bennett a check for her wages. Bennett, by
; her husband's directions, allowed her half a pint of
I porter for dinner and half a pint for supper, and else
had to take it in herself. In 1855 Mr. Antl y went
to Paris, and before going told the servants not to wait
on her if she did anything disagreeable to them. They
never did wait on her, end when he cause back he said
it served her right. Me told Idle he was driving her
out of her senses by his cruelty, and he said he did not
think she hail brains enough to go mad. In January,
ISSG, he beat her with his inaulatick for asking him to
discharge Bennett. She was an reduced that clue at last
made up her mind to leave the house, and on time Gum
of October, liss4, she went away with the two youngest
children. She went.first to • sister of Mr. Anthony's,
at Kentish-town, and then took lodgings. (A letter she
had received from Mr. Anthony was read, in which he
affectionately asked her to return, and said that Emma
should leave if she interfered with her or treated her
with disrespect; but Ile looked on Emma in the MAW
time "as a valuable servant. probably placed by circum-
stances in a false position which idle did not properly
understand." To this M v. Anthony replied that she
should not return until Emma had left the house, and in
a long letter recapitulated her various causes of coin.
plaint against Emma and Mr. Anthony. She wrote
another letter a few days afterwards repeating her re-
proaches, and saying she should not return. He re-
plied shortly that he was h shocked at the step aim
had taken, and again urged her to come home.] On the
19th of November in the same year Mr. Anthony visited
her, and asked her to go home. She inquired whether
the woman had luft the house. He said "No," and aim
said alme would never return while Bennett was under
his rouf. He then carried off the second child Con-
stance. The two elder children 11211 Ailler been brought
to see her by Bennett. The youngest remained in her
' custody. Mrs. Anthony added that she had frequently
stood fur a !nada to her husband with the greatest wil-
Inigness. and un one occasion he lusl beaten her naked
tlesh with a furze bush.

Cross-examined.--She was 37 years of lige at the time
of the marriage, and lie was :N. She had knows' hius
for thre” years before that time.
ih•ane was cross-examining her about a person
named Richards. to whom she had paid visits before her
marriage.
. . . . . . . . .

Dr. Spinlu,l.jectcd to questions relating to what had
happeni.4 before the inarri4ge.
Dr. 1./eane Nubmitted that they were relevant, as they
tended to show that the petitioner was not a fit person
to have the custody of one of the children for which slie
prayed.
Hiu Lonlship held that the evidence was inadmissible,
as the question of the custody of the children wan din.
tinct (ruin that of cruelty.
. . . .

Mrs. Anthony was thri. cross-examined at consider-
able length, and admitted that she had • sinter, Mrs.
Winston, to whom her Wuhan., took • great dislike, and
with whom idle used to correspond, through Bennett,
unknown to her husband, and receive into the bonne
when he was absent. Mrs. Winston did not live with
her husband ; he was too great a brute. She denied
that %he had ever sent or taken provisions or wine to
Mrs. Winston or her mother except on one OCCASIon.
Then she sent a veal pie and a bottle of porter, because
her sister was ill in bed with a broken leg. She had
accused the servants of taking wine and other thingn,
for she believed they had done SO. Mr. Anthony never
accused her of paw g her clothes, lie could never
have made cud. an accusation unless he !MI dreamt it.
She denied that dm ever took the poker to her hunband,
or that she broke a quantity of crockery when he threw
the water over or, but idle did break a china jug. The
quarrel began with a dispute about some towels. She
hail had an allowance of 00 • year since the iwpara-
thin. She had heard that after her departure a Honiton
lace veil aiel other articles which she had accuned the
servants of stealing were found between her mattresn
and her heti, hut cite did not place Mein there. When
she left her husband's he w” in a very bad state of health.
When he took away Constant* there was a great dis-
turbance, the child wioi dinged between them and
*creamed, and the landlady of the bowie sent for • police•
man, to whim. Mr. Anthony said she had robbed him ;
but the policeman, finding that she was hi* wife, re-
fused to take her in charge.
Dr. Norton proved that in August, 1815, he was
called in to see Mrs. Anthony, and found her in a state
of great excitement, arising, as she Mid, from the M-
ummy of the servants, adult; under Mr. Anthony's
directions. In that month, during Mr. Anthony's
absence in the country, she ran away from her house one
evening. iknnett came and told hint, and he went out,
and about half-past II found her in Westbourne-grove,
no excited that she hardly knew what she was; about.
Site said she intended to throw heriielf into the canal.
He prescribed sedative medicines, and a nourishing diet.
In the following November Mr. Anthony called and
asked by what authority he had attended Mrs. Anthony,
after a letter lie had lately received. He said he thought
it was his duty as • linden. I man to attend an op-
preascsl woman, an be considered Mrs. Anthony to be,
wlitaever lie was called upon. Mr. Anthony made some
strung remark about homewhipping, at which he smiled.
He did not attend Mrs. Anthony after December,
1555.

_
In crews-examination, Dr. Norton denied that Mrs.
Anthony's excitement, on any occasion when lie attended
her, arose from drunkenness. The servants did not be-
have improperly to her in his presence.
Mr.. .lane Dann, a needlewonian, who bad worked for
the Antlionys since 1850, described Mr. Anthony's con-
duct to his wife as much worse than that of any other
husband she had ever known, and corroborated Mrs.
Anthony's evidence in various particulars. As to Mrs.
Anthony, elm said she never met with a lady of "suet,
refined taste, and who was such a Christian woman."
A few ths after the birth of the last child Mr.
Anthony forbade her to go the house.
Mrs. Jones, the landlady of a house at Kentish-town,
in which Mrs. Anthony was lodging when the child Con-
stance was taken away, described what pasted on that
occasion, confirming Mrs. Anthony's statement. Mrs.
.Intliony was in a very bad state of health.
James l'rioe, the policeman who was called in on the
same occasion, was also examined.
Dr. Deane having opened the respondent's case,
called

Emma Bennett, who said—l now live in Mr.
Anthony's service. I first went there m the autumn of
1851, when 1 was 21 years of age. Mr. and Mrs.
Anthony were generally very comfortable then. Mrs.
Anthony's conduct changed about 1851 Her language
then became very violent and obscene. She once
threatened to stab Mr. Anthony in 18.41, and she had a
carving-knife in her hand. I have seen her throw a
knife at him across the, 'nipper table. In 1851 Mrs.
Winston CalllC to the house. When I first entered the
service Mr. Antliuny gave me orders never to admit Mrs.
Winston. On ninny occasions in 1852, 1813. and 185.4,
I took provision. and wine out of the house by iny ems-
tress's orders to her mother's house and to Mrs. Win.
atonal. She lived at a baby linen warehouse opposite the
Marble Arch, and went by the name of Mrs. Brown.
I have taken notes to her from Mrs. Anthony, directed
to Mrs. Gordon. She went by that name in 1811. I
received letters from Mrs. Winston on very many OCCA•
siona. They were fur my mistress, but were addressed
to me. When Mr. Anthony was away Mrs. Winston
almost made the house her hoine—d g, taking tea*
and supping there. She and Mrs. Anthony drank wine
at dinner and stout at supper. Mr. Anthony only drank
wine on Sundays. Mr. Francis came late one night
when Mrs. Winston was supping there, and my mis-
tress said. " Perhaps it is your master, don't open."
When I did open the door Mrs. Winston was hidden in
a closet. In the early part of 1854 I was questioned
about some wine that was missing. Mrs. Anthony ac-
cused Lucy and me of taking it. I denied the charge.
I never had taken wine. I liad seen Mrs. Anthony go
out of the house with bottles in May, 1814, or 1855. I
: told that to Mr. Anthony when the charge was made. I
never had the key of the cellar, but I had the key of the
store closet given tue about August, 185.5. Mrs.
Anthony also accused me of taking currants. She was
a very extravagant housekeeper. At other times she
secu..ed Me of stealing a Moulton lace veil, a pair of
gloves, a penknife. mid Is. On one occasion, when Mr.
Anthony was sleeping up stairs in the next room to
mine, Mrs. Anthony came up to my bedroom and ac-
cused inc of having muter there. He was never in my
room. I never sat on Mr. Anthony', lanes, but she ac-
uiica! o done it. The quarrel about the tea
be by liefrhavreflUg
sa
I to musk, it. Mr. A sthony ordered
cx
In'. to make tea, and she dared me to do it and pushed
me out of the room. When Mr. Anthony threw the jug
of water over her it was in selfslefence, she having
thrown the butter dish and bread basket at him. Her
finger was cut in the struggle, and Mr. Anthony patched
it up. In 1:454 and 18:7.5 Mrs. Anthony's health was
not very good. Dr. Norton told we she was out to go
out alone. She did go out alone. She had everything
becoming her in the way of dress. She MILS very slo-
venly. When Mr. Anthony', father died I bought the
mourning for all the family, and she had a mantle and
black bonnet different from ours. She always seemed
to have plenty of niouey, Mr. Anthony was always
kind to her. When Mrs. Anthony went away be had
been absent from home for about • month.
l'ross-examined.-11r. Anthony was always kind to
me. In 11154 I had a sister called Betsey, whom I fre-
quently visited. I did not tell her that I and Mr.
Anthony had "broke,, the cold Me." My sister Ellen
never wrote to me to congratulate nie upon it. She did
write me a letter congratulating me upon " having
broken the cold ice" not with " Mr. A.," but with "Mr.
H." I have the investigatioa of both Mr. and Mrs.

Anthony into that matter, and their signatures, and
they web e quite satisfied. He never told me not to
iitiiid 31 r. .Intliony. I once abut her in the kitchen
because the accused me of poiuniing her beer, and I
Mitt for a policeman to her. I 'lever threatend her or
used ‘iolenee towanls her. I never heard her insist
upon iiiy being sent from the house. I have said I
would not leave so long as I smted master.
. .

Ite-ezainint lell I sent for the policeman I told
her to give me in charge if I had poisoned her beer.
Hr. Norton also came, awl said she must have been
drinking.
To his Lordship.—l never beard of her having any
combs broken or of having her temple bruised.
Eliza Baylis, who had lived in service with the
Anthony. in Itirgi, INA, and Itirsi as nurse, corrobo-
rated the last witness. She was called Lucy in the
house.

Um. Anthony, sem ' the mother of the respondent,
said, that he was kind to his wife as far as she could
judge. After the separation she came to London to
try and reconcile thou. HIS wife said the cause of her
departure was jealousy of Bennett. Mr. Anthony pro-
mised to get rid of Bennett, but she still refused to
return. She appeared rather fund of wine, and would
probably have taken wore than was good for her if she
had been allowed. •

Mark Anthony.—l am a painter. I was introduced
to MY wife by Mr. Kendrick. In 1,4:-.3 I forbade any
wife to have any intercourse with Mrs. Winston. I
afterwards learnt that she had communicated with her.
I discovered one day at dinner that sonic particular
sherry that I was very fond of was all gone, and I spoke
to my wife about it. She said she did not know what
had become of the wine. The servants were called up.
They denied that they had taken it, but said their mis-
tress took wine regularly when I was away, and more-
over sent it and took it out of the house to her mother
and to Mrs. Winston. She said she could not account
for its disappearance, but supposed the girls must have
false keys to the cellar. I investigated the matter, and
had no alternative but to believe that she bad taken it.
I then took possession of the key of the cellar. There
were other discussions about tea and currants and dif-
ferent things that were uaLising. She accused Bennett
of stealing them. I learnt on looking into the trades-
locos' books that niore things were charged for than we
could have consumed. The result was that I took charge
of the household expenses, and they decreased by about
one-half. On my returning sue day from sketching I
had sonic angry words with my wife about some money
she had obtained from Mrs. Lucy. She said she would
not make tea for me, and threw the keys at nie. I
touched the hell for Bennett, and desired her to make it.
She got up and ejected Bennett from the room. In try-
ing to prevent her I am sorry to say I boxed her ears
with my open hand. I regret having done so, but the
blow was not a violent one. On another occasion we
hail a plaiTel about a towel, in the course of which I
threw a jug of cold water over her, and she broke a
bread-basket, and a very nice jug, for which I had given
Li, and I ani ashamed to say I struck her with my fist.
On another occasion, being greatly irritated by her, I
threw the coffee grounds in my cup upon her. With
those eaeeptions I never struk her or was guilty of any
•iolence whatever towards her, nor did I use threats or
irritating language. She shared nay money with me,
and had plenty of clothes and a few jewels or trinkets.
There was plenty and to spare of food. The children
were well taken care of when Lucy hadcharge!A them.

When my wk' finger was cut 1 attended to" it. From

January 'to October 1554, we were living on excellent
terms ; whenever a difference arose I requested her to
leave the room or else left it myself. After she separa-
ted from me I urged her to return, and promised on my
honour to send away Bennett, but she refused. She
had been very jealous of Bennett. It ii not true that
she ever saw me coining from Bennett's bedroom. We had
separate bedrooms in 1851 in consequence of my health,
and we discontinued all matrimonial intercourse in 1855
in consequence of • letter I received from her mother,
and of tl.e revolting language she then used to me. She
has received 1.)42 • year from me for herself and the
youngest child since separation. The child was to re-
main with her until seven years of age, which it will be
next February. _ .

Cross-exaained.—Hennett had "meddled with" Mrs.
Anthony's biters by my orders. She lois complained,
but not agsin and again, of my subjecting her to Ben-
nett. I did not think that either my property or in;
honour was safe with her, and therefore I told Bennett
to wend me her letters. I refined to discharge Kennett.
I was so pained when I struck her with my 64 that I
never struck her afterwards. Two or three years ago
she comigenced • suit against me in the Ecelodastical
Court.

_
To his Lordship.—She came upstairs one night, and
went to liennett's room. She did not find me in the
passage. 1 was not in iiiy bedroom, but in my dressing-
room. It was 12 or 1 o'clock. I had been in bed. My
room and dressing-rmou were in darkness. I had just
gut into my dressing-room when she came up.
Dr. Deane suumied up ; Dr. Spinks replied, and
Ilia Lordship took time to consider his decision.