The Express.
London, England, 1863-06-16 00:00:00

LAW LIZTELLIGENCE.

HOU= OP LORDS.—Imes 15.
APPIALS.
e mope era PZEILI.OI.
Their lordships art ma a eammittee for privileges, and
ed to the further hearing of the claim of Thome'
tr:::I ea
Coehinne to the earldom of Dundosekl, and to vote in
the election of representative peers for Scotland ; his right
to the title, as may be remembered from the reports of the
frequent hearings of the cue before their lordships, being
impeached, on the ground that no lepl marriage took
place between the late earl and the mother of the
claimant in 1812. nor until 1818, after his birth. On the
lest prestos, the evidence was closed, and Sir F. Belly in
=addseesed the house for the claimant. Today the
gentleman resumed and concluded his observations ;
sad the Attorney-General and the Lord Advocate having
been heard for the mown.
The Lord Chancellor, Lord Brougham, Lord Crenworth,
and Lord Chelindord severally delivered their opinions,
sad stated that they had no doubt that Lady Druslonald, the
mother of the claimant, on whose evidence the case mainly
turned, was in every respect the witness of truth, and had
testified conclusively to the fact of the find manage in
1812, and that the Maim was established.
A declaration was ao:ordinly made to that effect.

COURT OF QUEEN'S BENCH.—Jaim 15.

After Term Sitting et NW Prins at Weetenorter.—(Before
Lord Chief Justice Cockburn and a Special Jury.)

RAMSAY V. STSWAHT.--iXTILI.ORDIEMLY &Laws or i.usn.

After oar report left yesterday,
Mn. Stewart deposed—l was married to the plaintiff
three or four years ago. I was living with my sitter in
Rant, who married • son of the Archbishop of Dublin.
When I first knew the plaintiff I used occasionally
to visit the arebbishop. A year after marriage we went to
St. Helena. 1 returned to be confined in October, 1860.
After that I stayed some time with the arcbbishop,and when
I left there I came to live is town. The defendant returned
to EnglandieMay, 1861, and I was then staying at the Epis-
oopal POMO°, Dublin. I afterwards lived in London in soda.
don till 1861; then I went by levitation to Packolet with my
child, and the 16th July was the lint time I saw m 7 husband
after his return from St. Helena. He knew I was in Dublin,
and 41 consequence of that I came to Leedom. I left St.
Helena with the intention of returning. le Deoember, 1862,
elicitation was promoted for a judicialseparation. My brother,
Captain Fraser, wain Jodie whenoaptain Easmay wasspoken
to. In April or May, 1862, the child was produced in
Dublin, for the defendant to see it. On the 1615 July I
was sitting in the verandah at Packolet, when I beard •
strange footstep. I got up to see what it was, but some
bashes intervened, and I could not see who it ins till Mr.
Stewart was upon me. He was accompanied by Mr. Mullins.
He took hold of me and said I most go with him. I seized
hold of the drawing-room window to prevent it, and then
Mr. Mullins came from behind another bush, and came to
the defendant's assistance, and they both said they
should take me away. I put my bead into
the drawing-room window and called for help two
or three times. Mr. Stewart succeeded in pulling
ms down the lawn towards the road. Assistance after.
wards came to me, and the servants began to gather round
us. The defendant and Mr. Mullins were very violent, and
they threatened to blow any 's brains out who inter-
, fered. The defendant off Barnard fie. to get • oar to
take me off with, but I told him not to go, but to fetch
Captain Ramsay. The defendant said he would not have
Captain Ramsay sent for, and Jones, the gardener, suggested
Mr. Pratt ; both, however, were fetched. The defendant
had me locked in his arms with a stick at my back. I was
taken into the drawing-room, bat could not move till Cap-
tain Ramsay and Mr. Pratt came. I was very much dis-
tressed when they came. Mr. Stewart sat with his
arm round my waist and a stick in front of
me the whole thus. I was in restraint till they came. I
asked them to help me, as I did not wish to go with my hus-
band. When the magistrates came I told them that I
wished to make an sffidavit that I was afraid to go ; that I
wished to remain. They refused to act, and I told them
they were acting illegally, for I had legal opinion upon the
point in London. They did not, however, interfere, and
they left. Captain Ramsay did all be could so prevent my
being taken away by violence. I was twice taken off my
feet to be carried away whilst the magistrates were in the
room. I took hold of Mr. Pratt's coat the second time, and
pulled him along. It was proposed that General Chesoey
should be written to, and that the defendant should go to
Kilkeel during the interval ; but on his promising not to
molest me, be was to remain. Mr. Moore, the magistrate,
came back in the evening, and remained in the bowie to
prevent the defendant from leaving with me. I retired to
my own room, and Mr. Stewart insisted on coming there
against my consent. Captain Ramsay and Mr. Pratt came
the following day by arrangement, and I had en interview
with Captain Ramsay. I told him I hoped they would
write at once to the general, and ask him to help me. I
distinctly told Captain Ramsay many times that I did not
want to go with my husband. Mr. Mullins lett that day,
lied Yr. Stewart remained with me till Sunday evening. I
then got a communication from Dr. Anderson. and 1 went
away with the child at once in the pony carriage to Morrie
Park. It was with my wish and desire that I did ea I re-
mained there till after Mrs. Chesney returned. I saw
nothing more of the defendant. Whilst I was at Morns
Park I received • letter from my bushed enclosing a copy
of the letter be had sent to Captain Ramsay.
Cress-examined by Mr. Serjeant Shee—We went to St.
Helena together in 1838, and before that time we bad tra-
velled in Scotland sod Ireland, visiting the archbishop. I
came home merely for my confinement, because I wished to
have chloroform in my confinement. That was my oiy
reason. He felt anxious that I should take it. and I left
with his consent. I left in 1860. I wrote to him when on
I board ship, but no opportunity offered of sending it to him
until after my arnval in England. I bad kept a diary
on board, and I sent • copy of it to him. The letter was
couched in the most affectionate terms towards him. There
were reasons foe it.
Mr. Serjeant Shee—l will read some portion of the corre-
spondence, and you will perhaps tell me whether you were
mimic in writing it :—" How I wish I was home, dear dar-
ling. Hobbs, how much I love you—how kindly and ten-
derly I think of you, I cannot say. I often think if you
are thinking of me." And further, in allusion to his per-
mission for you to write to Mrs. Claugtoo :—" 1 wish it
partly because • foolish quarrel and misunderstand-
r I l
i
k
e
com our.
a ought aelytt*, ba
last for years or
re
all ttr'aal
all forgotten." Again, ' I tenderly look beck upon this
last year as the happiest I have ever known, the quietest
and the happiest, Lodi think of Hobbs with much and grate-
ful love, and wish I had been • better wife to him who was
so good and kind to me. Never mind, she'll do better next
time if she has the chases." "Hobbs, for heaven's sake
come home soon. I will never go another voyage without
you, and I don't believe that you ever think of me or
wish me with you, whereas I do both all day end all night
long. Oh, Hubby, come home, come home." (Laughter.)
Mrs. Stewart said those matters were written partly with
sincerity and partly not, and she expressed • wish to be
allowed to explain.
Mr. Serjeent Shim said he should not object to her stating
anything in explanation by and bye. I also Bed this in
the correspoodence, " I feel sick and miserable. I want
you to come home soon, please, foe your leave, ad after-
wards I'll come out with you to St. Helena or
Canada. I won't leave you again, Mr. Hobbs, I can tell
you. I wish I could think you missed me. Don't let
letters home, p:ease, interfere with long letters to me, be-
cause they will be some& more to me than ever they can be
to them, and I shall look no eagerly every mail. I dare
say you never give me a thought now, have
forgotten all about me ; in fact, are rather glad Pm gone.
You foal Ices restraint now. Is it so, Hobbs? I vial not
vary much, for yon, mom to disc to mo—thie lest Only*
months very dear." In another, "flood by, sweetheart,
rod by. Don't forget me, old Hobbs, sad remember how
very very welcome and longed for ur letters will be."
"Oh Hobbs, bow I long abd wary In hear from you. I
wonder if you ever think of MO DOW." " have bad leas
time than I otherwise have to myself, but every day, dear
dear old kind Hobbs, and many times • day, do I think of
you and long fur letters and wish you were here. 1 find
sleeping aloe* very doleful work—l can't sleep at night,
and I get very melancholy and very frightened." Again :
" I am tired, stalled of laying up sod not being able to do
this sad that myself, loomeg for exercise and active life, and
my body, obliged to be still, lying cm sofa, Ito. I keg to
pack up my traps and be off with you to Canada—any-
when out of this conime it faut England- The formal life
people live is England—visiting, dieser parties, going to
church gaudily dressed in the hisbioa—l wit abide it ; sad
I bog to kayak about with oktilubbs, jest as we oak jest

[TWOPENC.

as we pleased. And yet here was I, mad, moo upon a time.
to seU4 down in a farm and feed chiakee and pip, suckle
fools add chronicle small beer—(laughter)--or to be Indy
Bountiful to some horrid little parish, and take round
baskets of tracts and cold potatoes. (lnu_gilter.) Row
little we tram what we would like till we try it.
No, holds ; your profession and yourself altogether suit me
better than anybody I ever saw before. Yon like
shoat too actively, and all that sort of thing, sod akar IVY!
Do I salt yea at alt, old Hobbs hops we shall have
• merry time together yet ; and I do with intense delight look
beak to this last year, the most quietly happy arid comfort-
able that I have ever known. I send you some violets that
I picked for you in the garden this afternoon. I don't
know if they smell sweet ; but I send them with much
love to you, my dearest little husband? (Laughter.)
He came to Dublin for no friendly purpose, but to bring
him to his senses I sent a note to him at the hotel, that I
would see him at the palace, according to his regard. I
did sot wait to see him, or go to his hotel, but went to
Kingstown with my nursemaid.
Mr. Sergeant Shee—Who went with you.
Witness—Am I obliged to answer the question? It was
a lady, and I would rather not mention her name.
Mr. Serjeaet Shee—l know who it is. She went to
Witness—No, she was never there. She had not been •
visitor at the archbishops. They knew her slightly.
'Mr. Sergeant Shee—l will not pursue it further.
Witness—Thank you. From Kingstown I came to Loudest.
(Several other letters were put in, and the witness was
examined as to her husband's pecuniary means. She
had 100 f. per annum settled on her, and his pay
was about 1201. a year, with his ratios allowance.)
My mother's property, which was considerable, he set-
tled on me when we were married. The 1001. a year sad
51. a mouth of his pay I was to receive whew in Englaod.
He had the rations at Bt. Hamm, and be had the proceeds
of the sale of oar furniture. His letters were generally
affectionate, but not always so—perhaps they were on the
, whole. I Inver let him know where I was after I left
Kingstown. I was afraid of being hit, w I had often been.
It was not that I sax afraid of having another child. He
oonetantly struck me at St. Helms, although in one
of my letters I say, " Oh, far Bt. Helena, when
I never had an ache or a pin !," lie also kicked
me. He was in the town nearly the whole of the last
twelve mouths, and I lived in the country. We only
met occasionally. He slapped my hoe and struck me vio-
lently on the head. In December, 1881, I petitioned the
court for a separation. 1 have not proceeded with the suit,
from want of mane. I don't know that it has been die-
mimed on the defendant's application. I told my lawyer to
withdraw it. At Packolet the first afternoon and oat day he
would Dot let me out of his sight, and afterwards he spent
the day is the garden reading with his book. My brother
urged me to return to my husband, but my sister did not.
Re-examined—He frequently struck me and kicked me
when he was out of temper. The suit for judicial wipers-
' lion was for croaky in 1858, 1859, and 1860. He denied
that he more than once slapped maos. He struck me
owe with my riding whip, which he psoed to hare in his
head. I don't thick we agreed well In St. Helena. He
would never let me have letters from the archbishop or
my hinds without lint seeing them, and also every letter I
wrote. Whoa 1 wrote the insincere letters, I was afraid
from the state of my health I should not get over my con-
finement, and thinking I should never see him again. I
wrote what I did after my confinement became my mother
said that if be returned there was nothing but beggary and the
gaol, and I was anxious to keep him at St. Helena, and to
go back to him. He wrote to me to say he was going to visit
his friends in Scotland, and winter in Franca He
stopped the 51. a month when be came home, and I bad
only the 1001. At Dublin he wrote for 251. of my
allowance to meet • bill. I consulted a lawyer, and I re-
fused to give it him. I was in a miserable morbid Mete of
mind whoa I wrote most of my letters. When in London
I had only 251. to live upon, and I bad nearly expended it
when General ebeiney invited me to his house. I had to
borrow U. to hake me over. My independent means of sop-
port are gone. My husband wanted 00!. of the 2:1/. to pay •
bill, and the remaining N. for himself.
By the Lord Chief Justice—My health was very bad sitar
my confinement, and the medical men recommended that I
should not have children too fast.
The court was adjourned for half an hoar to allow his
lordship an opportunity of attending the Pseud Servitude
Commission. On the renesembliog of the court,
Mrs. Stewart asked to be allowed to explain. She had
received a letter from • person who bad lambing to do with
the parties, a letter stating that for 1001. all the letters she
had written to her husband would be given up, and eke
added that her husband told her .it Packolet that if she
gave 1001. she might have the whole of them. She regretted
that she had written them, and she bad been punished for
doing so. The violence of the defendant and Mr. Mullins
was very great at Packolet When she was in London her
251. wan gone, and she was entirely destitute, when General
Chesney kindly took pity on her. Had it not been for
that she should have tried to get something to do for the
support of herself and child. Her object was concealment
from her husband, and she should not have cared what it
was. She had received a great many unkind letters from
her hind :nod.

"71;ninal Cbeene► was called in support of the *infirm
caw . .

Mr. Serjeant Shee, for the defendant, urged that U the
defendatt waa not justified in what be bad done, he had re-
ceived provocation and insult sufficient to canes him to do,
in moments of excitement, what perhaps could not be ap-
proved. The circumstances would go far to excuse what be
had dope, and to pat Captain Ramsay entirely in the wrong.
The defendant was then called, and his examination in
chief bed sot eonoludsd when the court rose.

NEWSPAPER
,
411Ih
0'• ' iir „Ty
se
SS3iiaYS