The Express.
London, England, 1864-07-21 00:00:00

LAW 1271TLLIGENOE.

COURT OF PROBATE AND DIVORCE.
JULY 20.
(lisfor• tis• Judge 0,011•87.)
lows V. NOWA AND ILINDALL.--11111CIAL .1131 T.
. .

Mr. Serialist Bellsatyne nod Dr. Wentbey for the pe-
titioner ; the Queen's Advocate Red Mr. Searle for the
respondent ; Mr. M. Chambers, Q. 0., and Dr. Spinks, for
the 00-raspondent.....

Thb 1.1 the petition of Mr. Oetavins Rowe, a solicitor,
at Aberystwith, who sought a diesolution of his marriage
with him wife oo the ground of her adultery with Captain
John Jennings Kendall, from whom be claimed 4,0004 as
damages. The respondent denied the allegation.
The petitioner was a young man of 26 or 27. Some time
ago he formed au engagement with Idia Julia Starkie, the
respondent, who was the daughter of a landed proprietor in
Cheshire. For a time their proposed unioo had the commit
of their friends ; but these latter afterwarda changed their
minds and broke off the affair. Under the eircumatanoss
the parties were married privately at Brampton, on the Ist
lot January, 1862. They soon afterwards made the &squids-
' tune of Captain Kendall, who bad formerly been in the
army, but who was then the adjutant of a militiaregicout is
the neighbourhood of Aberystwith. He we. also a young
I man, with a wife and family ; and his intimacy with the re-
spondent eventually ended, al it wait alleged, in her elope-
ment, on the 23rd of October, 1863, with him.
Mr. Barrett, solicitor to the petitioner—l was acquainted
with the parties before their marriage. I also visited them
after their marriage. I produce photographs of the re•P°B-
- and of the 00-reepoutiest. The parties appeared to live
together on terms of the greatest affection. The letters
produced are in the handwriting of the respondent.
Amelia Bodway—l was formerly servant to Mr. and
'Mrs. Rows. I did not observe the terms on whith they
lived ; but they were very comfortable together.
Mary Morgan—l was in the service of the parties when
Mrs. Rowe went away. They were very comfortable to-
gether. I have seen Captain Kendall at the house. He
was there the day the reepoodent went away. She left at
about 4in the afternoon. He bad previously gone away
alone ; and my mistress followed in about five minutes
after. He had previously dieted alone with my mistrees.
Croasaxarnined—l was in the service of the parties about
seven months. Captain Kendall dined at my master's
house when he was at home. My mistress went away cm a
Friday. My master at that time was away, and he did not
return till Sunday. My master was always at home. My
mistress sometimes went out by herself. When the re-
spondent left she said she was going to Mr. Rowe, at
Caaobhrido Seeker, a fiy master at Aberretwith—On the 23rd
of October Captain Kendall hired a carriage of me, to take
Mrs. Rowe to Borth station, on the Shrewsbury liae.
James Morgan, ostler at the Bellevue, at A etwith—
On the 23rd of October Captain Kendall told me to tell
Mn Rowe that be was going to a plate in the neighbour.
boo&

--Ml. George Morris-1 wee formerly • solicitor at Aberyst-
with, but I am not now in practice. Os the 23rd of October
I was at Shrewsbury, and I saw both the respoodenta toge-
ther arrive by the train.
Mrs. Roberts, who knew both the respeadente by sight,
rid that she had met them together in Paris time the
elocimizt.
wen put in front the respondent to her husband,
beennhat " Dear Oche." and oriataining • compleis coo-
tendon. They professed great love for the 'firmer, but
said that she preferred weedier. They him to ;write
a few line. to her to bid her farewell. They expressed
regret that she had given so much pain to one that had been
so good and indulgent • husband to her, and
.begged him, as
• last favour, to lone no time in getting • divorce.
She gave an address in Loadoa, to which letters
might be sent to bet marked • private." A letter
from Captain Kendall to Colonel Powell, who commanded
the militia regiment with which he was connected, was also
put is. It rosetioned that he had got into • scrape, and
was leaving the country. He requested, therefore, that
re lette for him might be sent to him at the same place in
Leaden as the address given by Mrs. Rowe.
Mr. Chambers submitted that there was no evidence
against his chest to go to the jury.
The Judge Ordinary thought that there was evidence ;
and _ _

The !parsed counsel addressed the court on behalf of their
respective clients.
His lordship then summed up ; and
The jury, after deliberating for balf.sn-hoer, found a ver-
dict for the husband, with 1,200 f. damages.
Decree nisi. with anis.