The Express.
London, England, 1855-04-20 00:00:00

i.
1

Kam fratUtattlitt.

HOUSE OF LORDS.—Ars.n. 19.
Pannell' invOsel.
'This WU • petition of limey Newthaa redder, d
Prestos, bather, praying that his marriage with ZUG,
his wife, might be dissolved on amounted adultery.
Mr. Royal (with whom wan Mr. Archibald) appeared he
the petitioner, aid stated that he was married to in
lams Sim's*, the natant daughter of a geatlemaa
aiding in in Demerass, an 26th August, 1847. The lady was
entitled under her father's will to • life iatetrest its COOK
The sequeintasee between Mr. redder and Mite Ilimpea
began in Liverpol,whee she was stayieg at the of bee
gsardien. Dlr. Shand, a userehant of that town; tied at the
time of the marriage, which took pleas in the parish chine\
of Nest is, in Cheshire, Mr. redder was SWlntrfoor yews
old and the lady twenty-me. They lived happily linos**,
till the 4th July. 1869, and had one child, whish died seas
sit
its birth. In the spring of 1863, the 8000 liagiment
was quertered at Prestos, sad moo, effiesue Wei Mt.
Jahn Clay Panes, sa essistenteurgece. He ass • visitor
at-Mr. Pedder's bentee. and took the opportusity of gaining
the affections of his wife. Oa the 3rd July r. Penes
aid Mrs. redder were nu teptker th a car, w bad
been enviously seen waiting at the toe ef a
lase. Oa this eircesestanee teeming to the knew-
lame.
of Mr. Pedder be remonstrated with her,
bet site" received his recusant's*, with great iselignatioa,
declared it to be an basalt to her, and stated his iatentiss
ef leaving his boas,. Acenrdingly ea 4th July. 1853, she
quitted Mr. Pedder's hotel, and seat to her godmotber'
et Liverpool, where she stayed some time, and Mr. redder
Lid no farther istereourso with her except by letter. About
the beginning of Augus, 1853, she left Liverpool. and about
the 19th of that month she went to • village called Tamer.
lea roliiiitt, near Plymouth, at which plan Mr. Purves's
regiment was then neutered ; and it would be peeved that
be was in the habit of going there and sleeping
every night, sad althwigh he at Asset called himself
bee brother, and they had separate rooms, there
was no doubt they slept together. Oa a attain
hidol.
Marta, the governor of the gaol at Prestos, who ,at
the request •f Mr. Pedder, set inquiries ea foot, accom-
panied by the seperiateedent of pollee at Plymouth, assess`
he the cottage, and having gene first to Mr. POrete mum,
found it empty. They then knocked at Mn. redder's drese,
which was °posed by her, and rho was immediately recog-
nised, and Mr. Panes was then found seder the bedto .
Thee
The
pasties bad sine, gone abroad, and were seen living ge
a man and wife, at ChaudeFontaine, sear Li go,
Belgim, Mr. P a having resigeed kis appoint-
meeto es assistant surgeon in the 60th Regiment.
An 'dies for elks. eon. was brought in October, d
by • 1853 ;
judgment went by defeat,. and damages Were awne
*art of inquiry at 2,000!., bet Mr. Purses being without
property ma abroad, they bad not been paid. le February,
1864, • 'linen a mash et thoro was obtained from the
Ecclesiastical Court.
The folle wing evidence was then produced:
Illejie Knowles, formerly in the army, was acquainted
with Mr. and Mn. Pedder. Served a ropy of the bill sod
order of the house oa Mn. redder, in Florence, on the 6th
of April. He knew her peweally for several yews.
Mr. Thomas, club in the office of the registrar of the Ec-
clesiastical Coact, produced sentence of divorce there.
Evidence of the proceedings in the action at law was also
produced.
Richard redder, cousin of the petitioner, stated that Mr.
Pedder was • hanker at Preston. Witness was acquainted
With Mn. redder formerly Miss Simpson. Knew her when
she !toggled at Liverpool. Was present at toe marriage.
After that Mr. redder lived a short way in the country for
• little time, and then went to reside at the bank. They
lived together hapnily, and had one child, which died soon
alter its birth. Knew them to live happily for three or
four years. and saw nothing after that to lead him to sup-
pose that there was any change in thew.
Thomas Diekoon. surgeon at Preston, attended Mr.
Pedder's family. Knew the parties from the time of their
marriage intimately. They lived very affectionately tilt
Jute, 1853. In the latter parts of June he was travelling
athoss the country, and maw Mr. Pedder's
driving his carriage up and down beton a lane. Oa smug
him he tamed down the lane. Witness followed, and saw
Mn. redder and Mr. P in the car, and driving away
at a rapid rate. About • week after, he told this to Mr.
Pedder. Heard soon after that Mrs. Pedder had left home.
He had seen Mr. redder at his cousin's previously, when
be complain d that Mr. Purees was too frequently at his
boast, and witness then told him what he had seen. Wit-
mesa had noticed Mr. Punee's frequeet visits. Then was
levity g fly in Mrs. Pedder's conduct, though not
offensively so Did ant observe that she was intimate with
any other person ; but he had seen her walking with Mr.
Parses— a with say other tenon.
Townley Rigby Knowles, Ithrthater, was many pars se-
quieted with Mt. Pedder. Had been intimate with biasing*
his marriage. Mr. redder resided at the bank in Preston.
Remembered the 60th Rept. coming to Preston 1111853, aid
it remained there till it went to Cbobbarn. Some men of
the regiment *mien behind, and runes remained with the
*valid.. Had seen Mr. Pones frequently at Mr. redder's.
On one occasion he was alone with Mrs. Pedder. On 4th
July, 1853, witness called et Mr. reader's bank. Mr.
Fidler told him his wife was peeking tip to go away, and
asked him to remonstrate with her. He did iso, bat did not
prevail on her to remain. She said there had been • quarrel,
se her husband had upbraided her abut Mr. Pones im-
plorer), and unjustly, and she would go. Knowing the
Mune" Mrs redder had over her husband he thought it
better on the whole that she should go, believing that she
would return. He was not aware ot anything then, be-
yond levity of demeanour— towards •
Mr. Purses espe-
cially. She left the house that afternoon. Mr. red-
der was extremely distressed. They always lived
on affectionate terms except one', when a quarrel
took place shoat her intimacy with Mr. Purvis. Witness
was then called in al mediator. Mr. redder was the most
affectionate husband he aver knew. She said she was going
to her podmother, Mrs Ward, at Liverpool.
Rev. Stephen Wentworth—Had known Mr. redder inti-
mately since lis marriage. He was always kind and
affectionate. Os one occasion witness thought Mrs. Pedder
was acting imprudently, for oe ping into her sitting room
be found the bliads down, and he asked to he allowed to
draw them ta.,, saying jocularly that darkseas and
ill-deeds go together. Mr. ranee, whom he had
not seen before, then rose from • sofa near the door.
Hs thought it very imprudent for a young married woman,
and he said to Pa , " What an you doing here ?" and
to her, " Wht re is your husband ?" She was generally
im-
prudeut in admitting military men to visit her as she did,
gad when. once told her so, and that people were talking of
bee. She said she did nothing wrong, and she eared not
what people said. Her husband was of course aware that
those gentlemen viei!ed the house. Witness did not speak
I. the husband about it. Mr. redder was almost too 'flee-
Emits and kind. He did not restrain her as much as be
should She was very affections," to him.
Mn. Ans. Usably, wife of William Rashly, of Tamer-
ten Folluet, said the kept a cottage as a lodging-bony.
Is Astro'', 1853, a gentleman mote to take lodgings for •
lady. Ha first gave the name of remnant. The lady MOO
4k. following Friday at half-past 10 at night. Next mane-
lag her servant said she thought they were a sew married
aseplis. The lady's name was given as Mn. Paget. She
afterwards found their real names were Panes and Pedder.
Purees came there every evening for six weeks. Mts.
Pedder left the bowie or garden but ones. Witham
alept seder the room of the lady, and could hear Mr. Purees
some into her room every night. His bedding was removed
Mn. Ped or's. Witness had every reason to believe that
both slept together•
from the first night they came. The
lied bad the appearance of two persons having slept is it.
Walton' Thome', inspector of polies at Plymouth, said
he rewind instructions from Colonel blartin,Governor of the
gaol at Preston, to inquire about Mr. Puna, and he found
him and Mrs. redder, and communicated with Colonel
Martin, who came down to Plymouth in October, 1863. It
was arranged with Mn. Humbly that he and Colonel Mar-
tin illiquid be admitted to the rooms cempied by the parties
at 2in the morning. They first searched lir. Purses's
noon ; so cue was there. They this hawked at Mrs.
Pedder's door, and on going in found • female. Colonel
Martin was there She screamed, sad said," I asked John to
me and sleep with me." Colonel Mattis milled her by
name. She was ia her nipbhdreas. A gentleman was in
the bed. He threw the clothes uff, and want under the bed,
but was desired to come out. He was in his night.abirt.
Hs wee recognised by Colonel Martin as Mr. Panes- Wit-
mer. went to Chatide.rostaine, in Begins, to serve the
citation and writ on the parties, and found runes and Mrs.
Peden liviag together under the name of Paget. Reserved
the writ and citation as them weaselly. They were in one
ream.
Colonel Martin, governor of the pet at Prestos, said be
knew Mr. and Mn. Pedder. Was requested by Mr. redder
to inquire whether Mr. Purves and Mrs. Peddor were at
Tat, Folliott. He went to Plymouth, arid went with
the superintendent of police to the house. On entering
Mtn. Pedder's bedroom, hi heard a noise of some one
throwing himself ander the bed. He saw both Mr. Purees
and Mt... redder in the room together in their aight.elothea
Evidence was thee given of the sontiotyment of the
demases in the action, and of Mrs. redder 's hewing a life.
inte-est is property to the amount of 6,0001. under her
tether's will, and • contingent interest on the death of her
brother is a further sum of 4,0001., sad that she was re-
ceiving the interest, it being paid to her at pepsin at
Florence.
The evidence was ti-en ordered to he printed, and the
farther erootedinp adjourned.

COURT OF QUERN'S BRNCIL—Arin 19.
1111701410 to SAIKO.-11120113 use osmotic. ass MTN= WIORT•
SAS. MID COMPTOII.
1711110A111 D. THI 007310101 MID 0017 ANT 07 Tll
DATIL OP TXOLAND.-11101111T OF TAXI NOTTS.
This *lig an action tried befuirti Lord Campbell, at the
'Wier %Vet last Term is Losise. It was brought by the
pleict•ff to nearer the veins of two Beak ad Zeiked gots
a soot telt. The deireibials Mkt Ike oak bed
lows &Nubility stake bogies they oaks Me the heeds Of
t!ospieletit teat the Makolir we not the belga fide holder of
r a valuate seirlistatioe, sad that the plain-
s the Morse but the spat of one Meyer
It slimmed from the evidence that the notes
*As% they came hits the heeds of Meyer
Mose mastlis afterwards. Is Ake, 1854, a
Mewed sem Into May,/ ftiolleries's hank
"-Aslant. Mositot Isesed Mk, sad ea the
soothaewr Is the NMI MOW with a
--••4 "mid igesses. who yell war tho sok
hos,' lie 1111. Nei be* a MO Mk to bb
IsAls NS, =Obi la law

dos. The sates were presented at the Beak oa the 27th of
Jane when palmist was refused, as the ground that they
had goes suns. At this trial the Joey retained ■ v "diet
geseroUy in favour of the diefendasts, but kayo tenors was
evolved.
Tin /Unmet Outsell sow moved to ester the 'strain foe
the plaintiff, oa the growl that It was simian evidence,
brooked's who bad hoes mind kern, proved that hard
mob bad bees given for the now by Moyer Spanner'. &-
denies tbe toad rata of exchange.
The cant panted the rule.
Sir F. Hilly the. me the part of the Bask, moved for a
rule for • sow trial, if their lordships should be, when the
other rule was argued, of opinion that the verdict was
whist enliven.
Lord Campbell said it would be open to either side to
make any modes of the kis&
Rule acecedingly.
nOotrrOw O. 711 CORPORATION OP LICIIITIELD.—ILLIOAL
ARRUT.
This was ea action for trespass and Wes imprisonment,
tried before Lord Campbell at Stafford. it appeared that
the plaintiff bad been amend by the officer' of the corpora-
tion, under the warrant of two justices in the town of B.r-
=inches). ea • Sunday in October, and was lodged in
Stafford Gaol until the 2nd November following, when an
order for Me disecarge was obtained from this court. Be
was then detained on a detainer until the 2nd of March,
1854, mhos another order for his release from the
Court of Queen's Bench was obtained. He was dis
charged, but was recaptured on leaving the twins, and
was donned until the 7th 01 Bth of R. On the
organist for the rule on the application an h. anh
habeas
he
corpus, the court hcld that the apprehension on the !Sunday
brought the can within the 29 Charles 11., e. 7, the Bth
section of which enacted that a person caseating • warraot
of onset on a Sunday should be -.b
arium damages as if he
had strestird the party no such being is esittenee.
The jury at the trial found a verdict for the plaintiff—
damages, 6001. ; but Lord Campbell directed the verdict to
' be entered for the defendants on a point of law that the
action was not maintainable, with leave to the plaintiff to
move.
Mr. Heating, on behalf of the plaintiff, now moved
avordiogly.
Their lordships granted • nolo nisi.

COURT OF COMMON MEAL—Aran 19.
ININNes is AANco.—ssreas mom /rims sums. atm. avw
IVEL. ini. ICIMCI WILLIAMS, algt, MIL m
swim mo'
DIMINO AND ANOTNIR v. - - —..... •••••••11imay.

The deelaratios its this are stited that the defendant had
agreed to purchase of the plaintiffs one of the 5001. West-
minster Improvement Bonds, for the Ism of 2101., but that
he had failed to complete the centrist, rad the present
action was brought to recover damages is consequence o
such failure. The ease was tried before the Chief Justice,
at the last sittings a' Ouildhsll, and a verdict wes entered
fo the defendant, subject to leave reserved to the plaintiffs
tor move to enter the verdict for themselves, with 101.

damages.
Mr. Berjsant Bytes now moved accordingly. and stated
that the bond in question was one of many which had been
issued by the in_
ISIpTOVOIDSGS Commissioners
whilst ezeritlng their works in Vittoriattreet, and that
the mosey so raised was secured upon the property in that
street, bell by the commissioners. Under these circum-
stances it was objected at the trial that the bond In ques-
tion conveyed en interest in land, and could not be assigned
but bT some signed writing, in accordance with the provi-
sions in the statists of frauds. His lordship adopted the
view of the rce, and the question now raked for the consi-
ders' ion of the court was whether he was right in so doing.
Rule granted.
°OLDHAM (CLZKII) V.
OF IDWARDS
LIVINGS.

Both the plaintiff snitbedefendant in this cue ate cler-
gymen, and the action was brought to recover damages for
dilapidationitto • vicarage house and a rectory house. At the
trial before Mr. Justice Maul., at Hertford, the jury found
for the plaintiff upon all the issues, except the sisventb,which
they found for the defendant.
Mr. Montagu Chambers, Q.C., now moved on the part of
the plaintiff for lodgment non obstente veredicto. The
oeventh plea stated that whilst the defendant was rector of
Celdecott, and vicar of Newnham, in Hertfordshire, and the
plaintiff was chaplain of the Central London District
Schools, it was agreed between them, with the consent of
their diocesans and patron., to exchange living', and that it
bad been also agreed that the plaintiff ahculd not call upon
the defendant to pay for the repairs in the declaration men
tinned, or any of them, and that it was upon these terms
that the plaintiff became the successor of the de-
fendant in the rectory and vicarage, in the de-
claration mentioned. The learned conned submitted
that the agreement stated in the plea was simonises), and
was no answer to the action ; and that the plaintiff was
entitled to judgment, notwithstanding that that plea had
been fund in favour of the defendant. The statute 31
Elizabeth, chap. 6, aut. 8, among other things, stated that
if any incumbent of any benefice, or cure of souls, should
corruptly resign or exchange the same, direetly or indi-
rectly, for any bonus, sum of money, or benefit whatsoyer,
the transaction should be void. The learned counsel sub-
mitted that, by the ecclesiastical law, the defendant would
be boned to repair the vicarage-house and rectory-house,
and that an agreement to relieve him of the liability of pay-
ing for such repairs was within the term " benefit what-
soever," used in the statute ; and, therefore, that such an
agreement could not be allowed to operate, and that the
plaintiff was entitled to judgment, notwithstanding the
existence of such agreement.
Bale granted.

COURT OF EXCHEQUER.-APHIL 19.
sou VIZ LOID CUM RADON, UM DIDONO PAW, PLATT, AND

HADEN V. HOLLOWAY.

This was an action tried at the last assists for the county
of Hertford, to recover demurs for a malicious prosecution.
It was tried before Mr. Justice Maul* and a common jury,
and a verdict was found for the plaintiff—damages, 1501.
Mr. James, Q.C., now moved for a rule aid for a new
trial, on the ground of misdirection and excessive damages.
The plaintiff was an assistant in the shop of the defen-
dent, a draper at St. Albans. It appeared the defendant,
from some cause or other, suspected Naden was not dealing
honestly wi:h him, and what gave force to his suspicions
was the followieg eircumstanes. One Mrs. Suttees was in
the shop purchasiag some ribbon. On her leaving, the
plaintiff stated she had only bought a very small piece.
This was stared to Mrs. Holloway, the defendant's wife,'
who was in the shop at the time of the purchase, but en-
gaged with some other customer. The defendant's wife
and Mrs. thirties attend the same chapel, and on the Sunday
bilowieg the day of Mrs. Suttees being in the shop, she
found that lady's bonnet trimmed in extenso with the
ribbon of which Haden said she had purchased but a IMO
portion. Upon inquiring of Mrs. Suttees whit quantity
that lady had perches she found she had bought
to the extent of 3s. 3d. Upon these facts being communi-
cated to Mr. Holloway, he went to Naden'a lodgings with a
constable. Oa searching the premises he found a new
parasol under a bonnet, the parasol having his own private
mark and never having been sold. Smoother articles wage
also found, the property of the defendant. Mrs. thasn
implored forgiveness on the part of her husband. stating the
things bad not been properly come by. The defendant said
he had no wish to prosecute, but the party being taken
before a magistrate was committed. but subsequently
acquitted. The present action was then brought, and •
verdict found in above.
Mr. Jame* contended there was reasonable and probable
cause, and the judge should have so directed the jury.
The Court granted • rule to show cause.

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