The Express.
London, England, 1862-03-21 00:00:00

ASSIZE INTELLIGENCE.

HOME ClRClllT.—Xuarroirs, MAkcii 20.
Ctnc sum—(l3Bbimi Aid Julia Ms sad a Common
Jog.)
NOM IL PORTAL

The proceediap b this oxtreordisary cause were recanted
Chia memo, at eight o'clock.
Mr. Hawkies, Q. 0.. and Mr. Amman again a
for the plasotiff ; and Berjeant 13a.11antuie and Mr. PErdrick
for the defendant.
- - -

The following additional evidence was adduced:
Mn. Clifton said-1 reside at trotting-hill, sad em a
!need of the plaintiff and the defendant. I remember
lire. Porter coming to our house last year. I never saw
Major Roes until he was pointed out to sue placidity. Mn.
Porter stayed at our house three weeks ma month, and Mr.
Porter visited her there, and I requested him to provide
lotlavers for her, and he sad be would do so. When ebe
left my bowie she went to live at Kanaspos
Mr. 'Thomas Rosa was then called,
Lord Chief Justice Erie ioterfered, sad said that if the
witmse won exeruined now it would be Mein( evidence in
answer to the charge of adultery, soil the patterns could
sot be embed afterwards
Mr. Hawkins said that after this intimation from hie
lordship he should pelves* the examination of Major Ross
until be had heard the case for the defendant. Re then
mid that the evidence already gives aimed the GSM fur the
beritant Ballantioe then addressed the jury, and said that
tic that had been taken by his lamed friend some-
what emberrassed him, and It appeared to him that Major
Zoe., if he came to speak the tenth, sad wits to be *Remised
at all, might a., well be examined at test as al the close of
the rase. There could be no doubt that be was a most im-
portant witness, and he thought that he ought to have been
galled and have told known story. He did niacin, however,
for the ermine that had been taken, as be believed that the
result would he the rune whether Major Roes was ex-
amined now or at • later stage of the inquiry. The de-
fendant had no alternative but to defend the present action
—it era- one of • great number of a similar kind that were
Ineught against him, solely, u he believed, for the purposes
of rani-two, sad the father-in-law wee nude the plaintiff,
when the proper course to have takes wee for the lily her-
self to have gone into a court specially created for the pur-
pose, and where all the abominable details that had been
laroaglit forward in this case would have been inquired into.
The lady. he believed, had in point of fact instituted pro-
seedinp in that court against her husband, and with a view
to obtou alimony from biro, and pending those proceed-
ings they were called upon to decide the question in this
mart. He thought the defendant had great right to
eumpliin of the insinuation that bad been thrown
out by his learned friend that the defendant had
conspired with Major Ron to destroy the character
el
his wife, sad he asserted that there was not •
particle of truth in the suggestion, nor do the statement as
I. what had takes place at Paris. The defence he was in-
stracted to make was that the wife of the defendant had
bees guilty of adultery with Major Ross, and he believed he
should herb's to establish that fact be and the poesibility
of &doubt. He called the attention of the jury to the de-
meanour of the lady while in the witoess box, and to the
levity with which she anewend the questions that would
have been almost heartrending to a modest woman, and
mid it appeared to him that, even as the case stood at pre•
mat. the jury would have no doubt that • criminal toti•
anew had exited between the wife of the de-
fondant aid Major Rosa, They would both deny it,
of worse ; and is cases like them no other course
could le expected. but the Joey would form their own con-
chicon mine the facts before them, and he should mowed
that upon them fact. no doubt could exist on the mind of
any ressmahle ma that an adulterous intercourse had taken
place between them. The learned wirjeaot then proceeded
to mil the attention of the jury to the evidence that hail
been given, and to the admiumes rude by Mee. Porter as
to the manner is which she hail received Major Roes, and to
the natal e of the communications that took place Names
them. and argued that they were convincing pm& of the
guilt of the parties. Major Rom might have acqd from steel-
jag of sympathy for the lady ; but busloads did sot want
young men to empathise with their wives, and the
nature of the coosectioe that existed between the wife of
the defeoilaot and Major Rows was quite sufficient to justify
Mr. Porter in believing that his wife had dishonoured him,
Sad in refining of live with her any longer. The learned
eerjeant then proceeded to state the facts he proposed to
ley before the jury in support of the defendant's case, soil
referred to the letter that had been nientiomat, and saki
that undoubtedly he obtained possemion ofait ; he felt that
be had been dishonoured. and when the jury had heard
that letter nail they would form their own opinion whether
be was not justified in coming to that coaclinioo. He the
geed the following letter from Maim Roes to the defendant's

weds:
" 31v owls beautiful Aafel,—l as almost mad siace emiug
yesterday. How differeat the rasetiog was to what
Arad bees satielpatiag our Ir 4 would be. la.
Idea of hold* yea in my arms and forgetting
war brig sepwalks is loans( embraces, we met only
as tanagers, warm dories to exchange a leek Oh m]
&Aim, darbag whiled is se 'Oll I feel es t
It would burl.l could sell my soul to poems cc For
Here make, my darling. mast use moo. I feel ratio.
Ton cannot imagism, how I worship you. I love yoa dis-
bar:tiros pity me, my pat. lam sure you would, it you
testy kasw Wm lam gaming. If ft is possible for the heart
mimeo doss. Of course it was very great happier, to
we yes sod bear your dear musical voice, but this to he
mares able to whisper ose word of love to you ; to be afraid
of Main tato your beautiful you for fess of bertrayiag my
I w
yould have 000 worlds to be allowed eves to
rekr sr tia
al fist but so, that brute stood there aid pre-
-1 I odd be' killed him. I mot limo by a.

Lu‘t trait% and to in left tomy own thoughts withoutinter-
rui non. fe.gued sleepier' and got to bed before ten, where
I tar thinking of you, my beautiful pet, for hours. I
heard it strike three before I slept, mid awoke at live this
mooing with the root wretched feelings integrable.
When, when am Ito meet you, darling? Oh, whist
Miss to anticipate. Cannot you merge to see
me tint week, if only for • few minutes; it
will make me so supremely happy. 1 want to make you
tell me with your own dear rogue you love me stilL I
might be in the neighbourhood with • cab, and you could
cure to me. Come my own darling, it will save me from
being ill, as lamis a high fever now. You cannot imagine
the dreadful feeling that is on me. Pray write, dearest, by
return, telling me how von are, and if you accept the pro•
pork contained in yeaterday's letter. I am very anxious
to sec the roses back on your beautiful darling face. Now,
dearest, I hope and trust you will not think of sparing my
pocket. I same you I can imam the money, And if you
don't accept it one way, you shall another, as I shall make
you a precut with the cost, if you don't use it. Believe
me, pet, lam not a bankrupt, and see no probability of
becoming one. The wont of letter-writing, dearest,'
is that or cannot mercy one-half they feel. I
know that my letters do not explain anything
like the deep sod burning love I feel for you. I often wish
that you could read my heart, and then indeed you would
understand it, and know what I am suffering in being
parted from you. Dear darling, beautiful angel, I mend
you millions of kisses, and remain your most devoted lover,
dying to see you, "RAT"

The learned Serjeant then proceeded to comment upon
the contents of the letter, arguing that it was con-
clusive of the guilt of the parties, end the following wit-
11011C0 were then examined for the defendant.
Mr. Porter said— I am the defendant in this aches. I
was married to Miss Mace in April 1.8 i& nook her to
Paris, but I swear I never suggerted what she has stated
while we were staying there. In April last my wife left my
house, and I did not God her until I saw her a the
Princess's Theatre, on the 10th of May, and I followed her
to her step-father's hoe" when I said that I was her hus-
band, and took her away with me. My wife said that she
was hungry, and I took her to Simpeoe's in the strand,
where we had supper, sad I then took her bare to my own
house. where she remained all night. The DOA 12011ing
she refused to stay any longer, and add she would go to her
friends the (titters. We bad three eddithen, all girls, and.
aged respectively six, Ave, and tire years. I took my wife
to Mm. Ciro** and she stayed there nearly a montiti,lnd I
did not mortar for several days where aloe had
must
when I found her at the Cron Hold, at Bayswater, WI
left a entice that I would not be responsible for any Ids
abe might incur there. I met my wife several time
this throughappeintmente made with Mrs. Claim, lb.
prudently refused to tell me where she was Agin.
Ross was a major in the seine regiment of vol as I
wax. I was captain in the regiment, and I knew wee
a married man, and thought that he was my fried
my wife was away, and I did not know when she was.
Mager Raw saw me every day, and witnessed my &Misty
sod misery, and mid that if he knew where my
'wife
was he should be happy to serve me. At one
meeting I had with my wife she told me
totem
she was living at Kensington, and I went there sod up
my residence with her. The boom was kept by poems of
the name of Tooke. I saw Major Roes repeatedly while I
was living with my wife at Kensington, but he never dame
to the house with my knowledge. We need to meet at the
training ground. In 18671 had had disputes with my wife,
but I never charged her with adultery. I did charge her
with growl heprepsisty of manners with • cartels geode-
rear, but I had so idea that my wile was cos en a tor-
with Major Boas. Ou the 27th eh
=ler anxious to take • drive, and I hired • ' 12
drove her to Willesden, where the practiceldle ell lIIP
gimlet were. I had hoard that Major Rees wee le
Willesden on this day, end I met him at the
drove him ea the mead. When I got there we an
into a tent. I urged the major to Wend he hie
duties, but he did not do so, and
the tent, and be asked my wife to=her boned. eh,
which I Consumed • liberty, and • retain look of list-
ligence paired between them whisk made me eel
very unoonstarhoble. After this I drove my wife and hull
to Hanordead, when we had till. sad as we Imre
going home my wife asked me not to invite the =jail to
our residence. She was also lavish of ammo to me,
called me " Her own dear Tom " several times. About hie
time I bad advertised for • country hmee, DM received
few answer, and in consequence of something I lord my
suspicion was created. My child said, "Mira has lets
every day, papa," ad this was what created say anepickin,
and 1 spoke to Miss Tooke upon the subject, and in co
quanta of what I horned from her I retuned home
than I had intended or was expected by my wife. She
up stairs, and I was lying on the sofa down stairs. and y
wife came in and appeared surprised at seeing!" sad mid,
" Doe% blame me if you don't get the hour" I had been
going to look at • home as Enfield op Wm day. My wife
seemed uneasy, and did not sat any dinner, but
she drank two gismo of brandy-aid-water. As the
hour for the past arrived she went to the Mildew sad
looked out, sad when the postman's knock COO" she hit
the room, say* aloe would go and lie down; ead Ise
plied, "No, madam; I will have Mrt Mier." I went to
the door, and Mies Toth' was peeing with • letter, and I
followed bee and snatched it from her. Heed it wee the
' letter that has been read. The Meth eavelspe was ad-
droned to Mir Tooke, and the I.IW wide wee addressed
Way wife. She Wooled with me to get the letter, toad
wry nee* succeeded in deingeo. Having read the latter,
I mein se exclamation which I will not repeat, and my
wee IA "I am mined." I read portiere al the latterpo
say wife, and the whole of it afterwards to the Teams.
NV wife left the house about an hoer and • half
and returned the next morning about ten o'c
she told me she had slept under a hedge all night.
November, 1860, to December last I have pad 2731.
wearing apparel and other thane for my wife.
Crose-ezantined—My wife did miscarry is Paris. in Meth
1855 ; but I swear I ded sot coped that mot tealtpa iemi
and I was not aware that she had taken my in
first became acquainted with my wife cheat a year beige I
marred her. 1 met her at an evultireari4:i
became her suitor • very few days
visited frequently at my mother's house, and ae
intimacy took place betweeu us before the
but I swear she was not pregnant by me. The
course took place first at en hotel in the
hood of the Strand. I took her there. I swag
I did not know that she
.MS pregnant at the Vim I
married her, and when I disavowed it I told her I bead
her—that we were married, and if anything I=od $
would only be • nine days' wonder. married
pure affection. I first tharged her with levity of embed
1,:i7, when I discovered that she was tarrying en •
destine correspondence with • gentleman. I telrednehl
this gentleman to my wife. I thought be wee • Mond, awl
he turned out such a friend as Major Bose did. I
charged her with levity of conduct with onztzlimea.
I cautioned her against walking with •
whose reputation with regard to married women was
what it ought to be. 1 dad ogee give my wife a beg is
ear when she irritated me very much. She has
struck me, and hurt me very much. lieyoad what I bin 1
I uniformly treated nay wife with kiednese and
The room my wife left my house on the 17th of April 1114
that she had appointed to meet me at five o'clock in the
evening, and she did nut come borne untamed twelve, and
she told me aloe bad been to the Botanical with
her brother, aadafterwards went to the Kensiegton MOMS*
with him. I did not like the story, and made inquiries, '
and found that her brother had not been with her as the
previous day, and he knew nothing about it. 1 afterwarde
ascertained that my wife was not alone, and I
brexiiidil
wife with having acted improperly, and high words
between as, and she left the house. In the ng
of April I bad received a warning from a friend to be-
ware of Ross. I taxed him with it, mod be denied it,
&al I still continued to visit him, and supped with him
mei has wife on several occasions. My wife said
once to me that she thought her case was equal to the Yel-
verton case ; that I was an ugly little devil, sad I ought to
be proud of having such • hsudsome woman for a wife.
(A laugh.) She also said that such • handsome women as
the was could do anything, and she had been studying for
five months to go upon the stage. I tried to prevent her
from leaving the house, but she succeeded in obtaining pos.
eosin° of her jewellery mid got away. When I discovered
her at the Prinoer's Theatre, I took her to my hour in
Park-village, Regent's.park. but she iodated upon leaving
on the following morning, and said that she was going to
hirs. Clifton's. I wished after this to take her to • new
home. as I had given up the house in the Regmen.park. I
saw Major Ross almost every day between July and August.,
up to the discovery of the letter. My wife bas filed a peti-
tion against me in the Divorce Court, not for the purpose of
obtaining a divorce, but to get money from me.
Lord Chief Justice Ede rid he hoped thry were not
going to rehearse the grand drama that would eventually
be pi donned in the Divorce Court.
Mr. Hawkins mid his rely object was to show that in
these proceedings the witness had not charged his wife with
adultery.
Serjeast Ballashise mil this was not the feet, and the
witness was sot examined any further upon this point.
Mary Teaks said—la the year 1861, • lady, whom I have
since arertaieed is Man. Porter, took lodgings at my
mother's bones at Kensington. and shortly afterwards •
gentleman came to visit her. I believe that gentleman to
he Mr. Rom. Mrs. Porter said his Dense was Jordan, and
that be was her solicitor. Sometimes he came twice • week,
&edge:florally about two o'clock in the day, red sometimes
he stayed two boom aid sometimes loew„ lout I do not
recollect that be ever stayed met eight o'hc is the even-
ing. Ido sat remember that they ever went erse together.
Mrs. Porter went out semetiesee is the attires" and the
did not return two or three times until eleven (Mock at
night. Mr. Rom was always alone with her, and I have '
gone into the room where they were, but I never saw *AP
thieg improper betweee them. I remember Mos. Porter tea
questing me to receive lettere for her. This was after her
husband bad come to live with her. I agreed to do so aed
I remember the letter oomieg that Mr. Porter Ms alluded
to. Sometimes letters used to erne every other day, and
...me of the lettere were in a lady's handwriting. Tb •
others were in the same handwriting as the one that has
been produced.
Cross-examined—f frequently saw papers on the table
when Mr. Roo and Mr. Porter were together.
Mr. Robert W. Jews, the adjutant of the remise te
which the &feeder sad Major Rom Waged, peeved that
the letter which had been poximed was is the had-
writing el the latter.
Mr. -B.kke, a chemist. residing in Bedford-Pin" trt
ha." preyed that he had upon several oreekine