The Express.
London, England, 1864-12-12 00:00:00

COURT OF PROBATE AND DIVORCE.

Dso. 10.
(Before the Jodie Ordinary.)
STONE T. STONE AND ArrirroN.—PAllT HEARD.

After our report loft on Saturday,
Mr. J. B. Peaces said—l am the attorney for the petit-
iouer. I produce a copy of the burial certificate of Mr.
Webb. Ilia evidence was taken by commission shortly
before he died. Mr. Bishop attended on behalf of Mrs.
Stone, and he asked no questions in cross-examination.
Cromexamined—l don't know that Mr. Webb died
sooner than was expected. No counsel were present at his
ammunition. Every endeavour was made to serve Mr. Ap-
pleton with the citation, but he could not be found.
Mr. Webb's evidence was then read. He said—l am 54
or 55 years of age. I have been in practice 32 years in
Exeter. My experience in midwifery cues has been pretty
good, but not greater than is usual in a general practice. Oo
the 2tl of January, 1162, I was called in to Mrs. Stone,
and found she has been delivered of a male child. The
next day I carefully examined it, and found it a mature
one to the beet of my belief.
This was the petitioner's ease.
Mr. Coleridge contended that the respondent wee abso-
lutely and entirely innocent of every charge that had been
brought against her. It was admitted that the first
child was a seven months' one and the second was
proved to have been one of eight months, by the cer-
tificate of Dr. Mackenzie, which would be put in. As
to Mr. Webb's evidence, it would be shown that he had
never really made anything like a proper,examination of the
child at all ; and that in point of fact medical skill could
not always discriminate between a seven months' child and
one of the ordinary period. Thus he (the learned counsel)
had disposed of every one of the circumstances
which were put forward as indicating the respondent's guilt.
There remained only the evidence of Susan Hams. This
was so monstrous and absurd that the Queen's Advocate
had positively not made the slightest allusion to it in his
opening speech, proving moat conclusively that his learned
friend did not believe it. But what were they so think of
Captain Woe's conduct in bringing forward such a witness?
If he believed her, he showed an utter want of common
sense ; if he disbelieved her, and nevertheless pot
her in the box for the purpose of taking away
the character of his wife, he was a scoundrel.
No doubt Mr. Stephenson and Mr. Slack bad shown great
indignation in their interviews with the petitioner; for
without the smallest notice, he had suddenly said to one of
them, " I suppose you've heard the news—Matty's gone to
the tad ;" sod had utterly refused to give them the smallest
information as to the ground upon which he had made
' that extraordinary annennosineut. It could not have been
Hatay Harris's evidence, or Mrs. Skinlay's, or the premature
birth of the child, or Mr. Welsh's opinion ; for he
knew nothing of them at that time. Then, what could
it have been ? He (Mr. Coleridge) could conceive but two
alternatives—either the thought must have been suggested
by the Dean Bakers, or the petitioner must himself have
formed the cruel determination to get rid of a wife of
whom he was tired, and fixed upon a chance expression
a construction which it was obvious it was never intended
to bear, and which it did not bear in the minds of thou
to whom it was first used. He trusted, however, that the
jury would not indulge Captain Stone, but that they would
protect, as they only could protect, a much oppressed and
much injured woman, who now placed her honour in their
hands, feeling confident that with them it would be perfectly
safe.
The court then adjourned.