The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-11-22 00:00:00

HAIMULI. r. AND SANDKAMOS.

Dr. and Dr. Spinks were counsel
for the petitioner. •
T;o= a petition by a litishand against a wife. 1..;
IK.t. he ethelve, who was about twenty years I f age,
:•ti artht by ;.rofession, was iciest ly marred to
M try daew I:illtert, th • drughter of a le.ersitop keeper
in I: isteheap, e hose house be fn.euentell. They never
live.: ottenly w'th each other, but row and then resad
the night together in :sera at her mother's house. lie
sin's! 1.04 so ,sys ~se that she Stll:4 guilty of inti•
der.ty. awl his suspictons being cot:firmed by the in-
tptiries he made he left her and went to Scotland,
where he has shier lived, with 1/een,i1111:11 Visit, to
London. AbOla four years ago his fattier, wh, lives
near :rrcechttrclestrect accidently found a letter from
Mrs. li,t.tw•ll which led to the diwsnery of the mar-
riage, awl to Ow further di-eovery that Mrs. Haswell
win cohabiting at New I %Ins with the etermeateilent.
A cousin if Mrs. Haswell. who lard marritel Mr.
Itayley, an intiwate friend of Mr. Ilaswell,
her is A Very " flirty ia•roith" who lens ho the 11:11/it if
allowing gentlemen to ki-s her. Mr. Bayley awl the
father anti Sisltr of the petit outer were also examined,
and gave very confused evidence rs to the deb, of the
thin-very or the marriage. of the fonts% I In LWeell tile
pet ililrllee 14114 the reslloll.lellt. 1111.1 i.f th 'hr ',cogitation.
Dr. l'hilliettev saltm:tted that although the pattties,
itt eoils.lllleilee of their poverty, never Ind :my untre
monial dot:tic:le in the f.rliper ,clise of the word. there
was ,ralicient evidence, taking the case altogether, of
the misconduct of the wife to justify the (*mut in grant-
ing relief te the husband. If shy t remained on
their Lordships' minds as to the propriety of the wpara-
tion, it was a fair case for the examination of the
petitioner under the 4:In1 section of the Act.
The dodge ordinary said, the I 'mut were ef opinion
that, under the 3lat section of tie Act, it must to esta-
blished nflirmatively that a husband pet. • • f for a
divorce had deserted or wilfully separated 'Must If from
his wife, without reasonable excuse, before they hat
power to exe reit. their discretion by rt•fusing a decree.
In this case ad intery had helm estabislted, and it Ivol
not been aldimativtly established, on the other hand,
tint the withdrawal from cohabitation by the litishand
was will t reasonable excuse. By exits ii iii ing tie
budetiel the Court might compel bin be prove tint the
withdrawal was without ren.n V.e exru,e. nod for th tt
ton-pow they would examine hie; utuler the 4:trtl set t 0.,,
That was n very different thine from calling I to
explain li' reparation after :Mir:native evidence had
belll given it was Wltlifota Teas:/11Abb. canine.
titi et• we then can:llMA by their Lordships,
and stated that tote day, alert two his after Cis
marriage, he unexpectedly went 'mt.. All upper room in
the houso of his wtfit's mother, and there saw ltis wife
silting on a sofa with a young man, who was taking in-
decent libertie.. with her. Ile reproached her. 1111,1 said
be would never live with her again. Ile Mal only seen
her once since tlett time, when she called upon 111111 And
asked 111111 to return her letters. Ile went to Scotland
in Dal.

Tlw -lodge ilrilinary said, the Court could not bold,
after the evidence of the petitioner. that he had sepa-
rated himself from the responth tit without reasonable
excuse, mid, there being no difficulty as to any other
part of the case, the marriage would be dissolved.

)111.1.50N I. 1111.1.50 N.

Dr. Pliilliutore, and Mr. Macqueen appeatcd
for the petitioner Dr. Spinks for the respondent.
31.,ria ti,orgina 31ill.ton prayed fur a ilii,solutien
of inaniaix on the 4rotand of ailtiltvry, cruelty, and de.
sertiiiii. The hui,hand denied the cruelty, and, as to the
deo:rtion, pleaded a separation liy mutual consent in

TI.. marriage took place in September, ISM, and the
&Arad:m.lon lasted front that time until No‘ ember,
IS.M, at various places in am! about Landon. Hering
the whole ef that period. according to Mrs. M
bLatvitivnt , her husband treated hor with great ervelty,
came home tirmtl: late at night. swore At her, struck
her, and threw things at her. lb, was alwt.ys in want !
of
him with it. In November, I'Z% he was taken o. on •
charge of felony, convicted. and sentenced. He watt
let out of prison at the end of three years. and a deed
of separation we.. then drawn up and excauted by both
parties. There are two children by the its:lir:age.
Mary Snaeks, the daughter .1 A pcl,oll employed in
the ghocks at Deptferd, said that one day, about the
middle of 1.455. William James Milton, fin- reqmotdent,
called at her father's to tuske inquiries about some land
that was to be tin the neighlstazlesel. and before he
had been in :he house five minutes asked her ther if
site would like to p:irt with her daughter. (Laughter.)
Her mother ttaid :die hal no objection if her daughter
could be made Calllfothhie. Ile said he wee an archi-
tect and sum yor. and had been married, hut his wife
died of consumption years ago. He also said he had
lived tingle long enough, and bad bad so much trouble
with the idleness and extravagance of his first wife that
he now intended to marry a 1111 l esti° person. The re-
m...wield promised her marriage and FC Nall her, and
bad a c.,i1.1 by hint in About six months
after the birth of the child she lived with hint as his
wife, but they separated at the end of three weeks.
A paper was also read, dated July, 1,4511, addressed to
Martha Snooks's father, and signed by the respondent,
in which he said,—° I am desirous of spending the
remains of my days w:tli yenr danghter while she is
virtuous. an.l. conditionally that you will allow me part
of her nightly luvl. I will do my utmost to support and
protect her during toy life."
No evidence was called for the respendent.
Their Lordships dissolved the marriage and gave the
custody of the children to the petitioner.

WINTEit CIECUFFS OF THE JUDGES, 19.
The Judges appointel to proceed and hold the ensu-
ing ineiixe of Oyer aiel Teroiner and general gaol de-
livery in and for the several comities in whieli such
amixtst are to he holden during the next month, pre-
liminary to the usual Spring Circuit, on Thursday
tunde the following arrangements for holding Kuril

iiivisiox.—.ithlge the Hoe. Mr. Judie)
Wlghtinan, oh Saturday. DeechtlNT 3, at the Castle at
York.

_ _
IiORK AND WESTERN Invtrumr.—Judge the lion.
Mr..lustice
!ix.--'llmrsdny. Dee. 1 nt elninrford.
57.--Ilowley. Dm. at Maid,tomt
Wellit•FsTF::•ll:RF M y. Ihn. 12, et 'Worcester.
W MVlCKSlllut:.—Thursday, Dec. 15, at the Castle at
Om AND NORFOLK Disriucc. -Judge the Hon.
31r. Just ico l'imuptom

,
NoeFoy rt. - Saturday. 1)..e. 3. at Ow Caldle at Nor-
wich,. The city of Norwich the same day, at the

I -
N. InTHAIIPIONSIL IttE.—Wednesday, Dec. 7, at North-
ampton.
N; I RE. DeC. 13, at the Castle at
N. I 1 TINGIIMItiI I lity.—Thurs,l4, Dec 15, at Notting-
ham.

,
I PERM milllllE.--Ilonday, Dee, 19, at I)..rlDy. f..110w with this;ketch befi.re w. the changes that way
NuNTIICUS AM) (: nut Divitios.—Judges, the take place in the mane of the cowing year.

BRUTAL AMYAULT.—Tho particulars of a dreadful r
outrage committed upon two women near Halifax by a
number of milieus—for they can searceiy be calleul by
any other natim—appeared in the papers tut Wednesday
last. on that day the caee was investigated by a Bench
of West Billitig 3lagiat at it ll:daily, when sect a men
were arraigned for the offence. The evidence fully
lire oat the statement previously given, but only one of
the voting women, Sarah Atm Bummer, who had loin
solicit the woi..t used Wall inauht a prosecutrit, the other
flier eniiMin, Martha Ann Minor) being terele a wit tieus.
The prisoner.. were Joseph Briggs soul William Shaw,
labourers ; Samuel Earasimw, miner ; George Chat:poll,
ionson ; William Stott, tiler ' • Charlea Coueson,
mason ; and John Marsden boatman. Mr. Adam C.
Foster was the solicitor for the prosecution ; and Mr.
.1. H. Mitchell for Earnshaw, Chappell, Stott, Cookout,
awl 3lsuniden ; Briggs and Shaw were midden:lnk The
first witness exas aa i!! eel was the proaccutrix, Sarah Ann
Burrow. She was exceedingly pale, weak, and dis-
tressed ; three or four time* '-ho became too faint to
proceed with her evidence until wine delay had taken
place, and throughout was attended to by Mr. Jones,
surgeon. She liahl—l live at lA•e-lonk, an:l am house-
keeper to my uncle James Smith, pi-eater with Mr.
Kirk, am 22 years of age. On Sunday, the fith of No-
vember, I went with Inv cousin Martha to Brighouse,
and at night, being too late fur the train to Halifax, we
' determined to walk home—myself, my cousin. her
sweetheart Tweeilale, and his friend, Joe 1V,,0d. Wood
lived at Ellanel-edge, and we agree.Ha go that way. It
rained heavily, and we th.•refon• stayed a short time at
i the Railway Hotel. We set off shout 10 o'clock. but
returned after going a short distance for a veil left by
Martha. We tel off again and got past some housei,
when we were stiolested by the primmer Briggs. Some
distance further on Brigga and sonic others came to na
, again, and he caught Tweedale by the collar. We gut
' away then, but had not gone far bulore a good many
man mane up and seized use, and three or four got hold
of Marilia, who Wu!' a lath: further on. Chnppell was
the one who seized me first, but they ware all at me,
expect those who were at my cousin. They put me
against the wall, perpetrated some indecencies, p 'sit-
ing toe cruelly. I got free by the help of Wood,
, out then went to release my cousin, who was
i Serealili!e• it, a corner of the field. l'ookson
bad led/ of le. I cannot swear to the others.
I W hen 1 got her free she reit away. I tried to follow,
1 but met. prevented by the well. They threw me down.
aail three or four h•dul me. Cookson was one of them.
I am not 'ire :daunt the rest. While I Was held down
Briggs and Shaw committed the offence cle:np ti. 1 5:11
quite sure about the men. All the while I was scream-
ing, but hemline UliCallaCiollA, Mid do not re:stools r any-
thing mitre until I found myself lifted tile and ltrig=;.;
and Ste ow haul hold c f MC. itrizes asked me to go anal
sleep with him, atel I then said " No, I could hut think
of such a thing." /le then said something ilaatt seeing
me haute, and I wail I would go with hut, .nd SliaW if
they would send the other 111111 sway. They told the
other mete to go after the little girl who liad run away.
1 When we hail gone along a bit we iota young man
I called Thomas Smithies, and, MI 1 thought he was one
lof the lot, I said, "You have used me shamefully." He
Said he had seen and heard a good deal, but durst lint
interfere. He told Briggs and Shaw they 'night to be
lashatned of themselves, and asked if they hael no rebe-
lthins of their own, (list they could treat a poor girl that
way. I begged of Stuithiea not to leave oie, and got
hull of his anti; :thaw ;melted I. away, and then the
two tried to pull tne down souse steps into the wood.
Smithies whispered to me that he would go for assist-
ance, and went away. The two men then again tried
to pull sue down the steps, but I resisted. Brigs at-
tempted to Is a.s lie haul done before. Wood and
Sinithies came up, and I took bold of Wood while
Smithies remonstrated with the men. They endea-
voured to drag ate from Wmel ; then we came to a
mall, and the men en:l:peal there while I ran on to a
cottage near, and remained until morning. On croas-
examination by Mr. Mitchell, she saiel,—l can only
swear to Briggs, Chappell, Shaw, and Cookson. The
whole affair continued from an hour to an hour and
a half. I had never Keen any of them before, that
I know of. I deliberately swear that Chappell and
Cooks:rot were of the tuarty ; Iliad • full opportunity
of seeing their features. To the rest I cannot speak.
Martha Ann Burrow was the next wittwas examineel,
and she, after speaking in full confirmation of
the arentustatices connected with the company
being at Brighouse, said that when she turned back for
her veil she saw a number of men under the railway
arch. Briggs was one of them, and he struck her Wu
the back, and she called him a " low-lived villian."
She temente,' to speak of the attacks of the men, and
how indecently and infamously she leurself was treated
by them. Cookson, Eartislinve, awl Chappell she could
positively swear to; of the rest of the pri uoliers she Was
not certain. When she got released, anti before At luid
got quite away, site tame her couuni ilragguil to the
ground by the wen, allal would awear to the e hurt
I pursued by Itri;.tgs towards her. Site was not prepared
to swear to any of the others. She ran off tiu Mr.
Piteltforth's house, and got shelter its the farm servants'
house, where she reinaile it Until Ille%t lit ruing. After
two or three other wit:teases haul been exrdniaeul, whits.
evidence went chiefly to establish the identity u:f Ma
prisoners, or ionic of them, Police-See ; ant Mark '
oreaves then raid that he apprelie•n•led l happen anu:
Earn diaw together last Friday, and charge:it:we with I
the "Rance. Chappell admitted lie was then., b.tt said
he- had never touched the pnesecutrix. Eat n.liaw also
said lie and Chaptell were there ; that they haul st..i.pell
and came away together, but never touched the lasses.
He (the iufficer) apprelien led Stott the Sallie night, anti
he, in answer to the chatve, said he was there, alai vu-
was Marsden, who wan ns bad as any of (hew. Ilu
apprehended Cookson, who saiul lie Was rightly served
for going. He only went with " :Colley.' ll:nuns), ate
was afraid lie hail got into trouble. WMit I, appre•
liewlial Marsden, that prisoner said he was tit-re. rather
frealu, and expected it would be "a hit olVaimfiLid for
'em." Mr. Michell brittle addressed the Bench. puctin;
it to the magistrates Whetia-1; they eullaidered tin re we'
, is sufficient case against his clients, mere particularly
Stott, against whom there was mit :1 tittle of tred.,ir.•.
save what Was given luy the odic. r. A coasultation
i took piece : g the taagistrates, and they Madded us.
dismissing Stott. With regant to the rest, they Were
; Charged it, the usual wey, and asked if they bad any.
' thing to say. Briggs atal Earositaw ilec!ineul to e.ty
' anything. and the ned eimply denied the truth of the
' charge. The whole nix wore then cot: dted for trial at
i the emoting assizes at Vork.