The Express.
London, England, 1864-06-17 00:00:00

-TAW INTELLIGENCE.

(THIS DAY.)

HOUSE OF LORDS.
APPEAL&
TILVUTON v. TILVERTON.

The arguments in this cane were resumed on this, the
[nth day of the bearing, by
The Attorsey-Gerund, who continued his examination
of the correspondence when the respondent wrote from
Edinburgh, and renewed his argument that all the lan-
guage of the letters of both polies referred to • marriage—
it might be not irrevocable, but which was binding upon
them as a matter of contract. The respondent declared
that she would be the vilest hypocrite, the moat sensual
wanton, and would be guilty of an infamous thing if she
married another person. Supposing that he had failed, said
the learned counsel, in showing that the correspondence
was consistent with, and even evidence of a marriage de
presenti, yet it was unquestionable that it proved shun.
dandy a promise of marriage de future. le • letter of the
appellant he asked, " What and when is reality to be,"
clearly inferring that no communication bad taken place at the
time of the Scotch marriage , and to this the respondent replied
thus :—" Oh,reality is so painful as you make it," and in the
same letter adds, "your people hare a stronger will than you,"
obscurely referring to the obstacles to • poplin marriage,
which he alleged to exist on account of family censideme
titan. The course of the argument then noticed • letter
of respondent's, in which she said, " I have said the word,
will do all you ask me, and name the time and place as soon
as I am able," which referred to the celebration of a religious
ceremony of marriage ; sod this was borne out by another
sentence in the same letter, thus :—" If I have at last met
with my master-passion. it is my fault ? Who has ever
practised more self-denial Your master.peadon is expe-
diency, mine, love. Of course the letter most yiaM ;
and. oh God I bow I have prayed to Thee that I
might only be permitted to give—give everything
—heart and soul every thought, hope, desire
my life's devotion sad the burning love I feel,
to give, give it all. No expediency demands the renuncia-
Sou of all dreams of bliss in this world and my hopes of
eternity io the next." This agreed entirely with the theory
which was the foundation of the argument which had been
fro much pressed • and this was fortified by her having
written at the close of the letter, " I cannot tell you con-
scientiously that you will be loved again as I love you, but
you will think so. and that will do as well, for you will never
put another to the same cruel test—her love or her God,"
The whole of the language in this letter was that of •
woman addressing one whom she deemed her husband—
but MOOT circumstances which rendered it necessary to
show that she was pure, scrupulous, and virtuous. The next
letter commented ou was one of the date 10th July, in
which the respondent said that the was going to Manchester,
and continues, You can fetch me there if you chows—
you would prefer meeting me in the old cathedral
rrrhtiarePimy forefathers lie) as it would be without any
particle of risk to you. You are unknown, and have nothing
to say or do ;my purpose is, and will be ignored by mortal
creature. If safety is your object, what I suggest
merely the same as being present at mass, making you
aesthetic." This it was contended referred to the appellant's
professing the Roman catholic religion with a view to the
religious ceremony which way contemplated ; and although
eke went on to say, " It is entirely for your sake, as I have
but a choice of miseries, and do not much cars what happier'
next, as I can see no probable prospect of happiness ;" which
meant that seeing no prospect of any change in her equivocal
position, by the declaration of a marriage, she only desired
to have her religious scruples satisfied, although the com-
pletion of her happiness as • wife she did not expect.
Having brought the history of the cue down to
the meeting of the appellant and the respondent the
Attorney•Oseeral summed up the argument, contending
that the respondent believing herself to be married in
Sootlaod, yet pressed for a religious ceremoey, while the
appellant was endeavouring to keep things as they were.
and to obtain the privileges of a husband ; while the whole
of the correspondence on both sides went to show marriage
or presence of marriage between them. Referring to events
in Ireland it was stated that a wedding ring was purchased
by the appellant in Dublin 25th July, • date anterior to
the ceremony at Rostrum, and by toluenes with • view
to that ceremony ; and not to a device for enabling the
appellant and his mistress to travel together without quas-
i bon of their mistime, from the fait of her wearing
a weddimpring. Examining the evidericeapplicablei to the
travelling of the parties together, it was admitted that the
circumstances were proved from which ordinary cohabita-
tion could be established ; hot the nature of the evidence
was such as to make it consistent with an assertion that
there was not sexual intercourse at the time which inter-
vened between their meeting and the marriage at Rostrevor.
There was within positively to show that they slept in the
same bed, or that two persons occupied one bed in the
apartments in which they stayed. There was enough from
which to later that, if the parties exercised self-
command, no intercourse took place at this
time ; and it must be Ulcer' into consideration
that on the record the respondent specifically de.
▪ 'that it had not taken place. Referring to the cir-
cumstance of a Miss Crabhe having been taken by the re-
spondent and shown to the Irish witnesses, with a view to
using • perusal resemblance between them to confuse them,
it was stated by the loomed mussel that this was only in-
tended to test the accuracy of the witnesses as to the apart-
ments in the hotels occupied by the appellant and re.
'pendent
The Lord Chancellor—ln fact it was a trap laid for the
Pe of dberediting the witowne•
M7tttorney.General did not wholly deny that this wee
the object, edmitsing that it was intended to test their
aomirecy, which was at least doubtful. Coming to what
pared between the parties. and Father Mooney, the learned
counsel proceeded to examine into the circumstances which
comma at ROStrOVOT.

c;aasiras irooesdiag whet oar report loft.]

COURT OF PROBATE AND DIVORCE.
(Before the Jadge Ordinary.)
WOOD V. WOOD ADD WLIW.

Dr. Deese, Q-0., sad Dr. Tristram for the petitioner;
Mr. Cooke, Q.C., and Dr. Wamsbey for the respondent ;
Mr. O'Malley, Q.C., and Mr. G. Browne for the op-respon-
dent.

The petitioner in this case was Alexander Wood, of 14,
Leards-terrace, Newcastle-upon-Tyne, Tyne, member of a firm a
and wine and spirit merchants in that town. In
ccoM
857, he married Sawa Mary Swioney, the daughter of
aa eogine-driver on the Great Western Railway. At thattinse,
however, she waa living with her grandfather st Berwick.
on-Tweed, and she was possessed of a ketone of 2,0001.
The cohabitation lasted about aye yeses, and there were
two sons born of the union. In December. 1862, there wee
a estimation, afterwards the resdoodeut went to her father's
at Reading, and she was now charged with baying own.
'skied adultery with one Charles Warren. The respondents
both pleaded a denial, and Mrs. Wood alleged that the
separation bad been without just cause. To rebut this
avea meet, the following evidence was given :
Mite Helen Sophia Prudhoturne- I know the respondent.
and visited her after her marriage. I stayed two months
with her. Mr. Wood Wetted her kindly and affectionately.
In 1880 they came to stay with my mother is London ; sad
Mr. Wood left the respondent Witt) MI while be went to Park
on business. She then became acquainted with my brother,
Freak, who had just come home from India. I afterwards
knew that the respondent was corresponding with him. I
saw hakes in her handwriting lying on the drawers in hie
bedroom. Some time afterwards I went to Mr.
Wood's hones, gad I told him of the correspondence.
In September, 1861, my servant brought me a letter for my
brother, and I seat it to Mr. Wood. The letter was as
follows :—" Dear Frank, you will be surprised to hear from
; but I thought I would let you know that there has
bees a dreadful row, bat I haw got through it In, and
would go through more for your sake. You may he sure rt
has not increased my happiows, but the opposite. Your
eater did not prove a (need to me, and you alio, but I did
not mind. There is one thing to say. and that is I wish
saws to forget the past—no, never.—Yours, sinowely, S.
W.—Burn my letters. Hope. 1 have got a friend to pod
this at Ritchie."

Crop-exatnised—Mr. Wood looked older, but sot very
much older than his ware. She was careless sad thought-
less is her °Deduct. I often spoke to her about it. I tua.
derutood that her earrespeadeace with my brother was at sa
sad, before I west to visit her. I told Mr. Wood at it Wo-
oers when I lest to Newcastle I foiled that it bad sot mum&

Mims Jane Elooate was called to prove • statement is Dr.
Deane's opening. to the effect that the respondent had been
ass. kissing au Italian at Newcastle. named Bourcini ; bat
Sir J. Wilde suggested that the defence of undue opera-
hoe. would probably not be insisted uoon.
Mr. Cooke said it would not ; end this branch of the oms
was, therefore, not proceeded with.
Stephen Gregory —I am sow in the employ of Professor
PePPer, at the Pelyteoheic. in January, 1863, I went down
to Reediag. Mr. Swinney bred in the same street as that is
which 1 lodged, sad Mn. Wool was staying with him. I
knew the 00-respondent. He was an artist. I have re-
putedly seen Mrs. Wood with him. There is a place called
Oavenham near the town. It is not quite a mile from
it. I know Piper's boathouse, at Cavereham. It
seems to be • respectable place, where people
hire boats, or boy eels and other river Gab. I believe they
do not sell refreshments there. I have men the resnd-
ante together at Coversham—generally after desk. I have
seen them go twice into the boathouse—that was in the
daytime. The first time they stayed about throe-quarters
of an hour. Oa the second occasion they stayed for about
an heir. They were alone both ti I ha. - wen Ides.