The Express.
London, England, 1855-06-13 00:00:00

THE EXPRES3, WEDNESDAY EVENING, JUNE Is, 1855.

HOUSE OF LORDS.—Jura 12.
meiminan'a DIVORCE.
TWA was I petition from Captain Arthur Wyndham, of
the tad Madras Native Tammy, and also Captain in the 4th
RigiaMilli of Infantry, is thesmoke of the Nimes of
Hydseabad, and new rending la India, prelims to IH
diverted from eats Magdalen Loon, kis wife. The ern
eau balsa the hones on the 12th of Marsh last, when the
following tests appeared :
The parties were married at Mysore, its September,
1838, die lady belt g then a Mir§ BUM, and residing at
Mysore. After the marriage they lived together happily
instil 1842, haviitit bad two children, one born in 1839,
and the other is 1841. In May, 1843, the widener left
/semolina, where he had been stationed, and went with
his regiment to China ; end it shield be stated that, by is
Order of the military asibralthe, me ellient sold we
panned to amempany Ida. He hit li with mho the
charge of her mother, who had married a mead time,
Dr. John Stone, and is his kw:— she anima to adds
until the 14th of February, 1844, vim the west to the I
tent of Captain Assail lan Ger% el *II Ma Madan
Native ninny, and nu eloped with lie to Jaulaah,
a plea in the dominions of the Nina ; and she had since
lived with Captain Gore is open, adultery, and had bad
several children by him. Captain Wyndham never had
amen to his wife after his departure for Chios, and it was
ealy on his return from thews to Madras in January,
1846, that he for the fiat time knew of the adultery and
elopement of his wife. On the 20th of February,llB46, he
brought his salon for a.m. oar. in the Supreme Court at
Madre, against Captain Knox, aid recovered 16,000
rupees, or about 1,6001. es damages, and 2,700 rupees
sesta. Only the latter remhad ben paid in consequses
of Captain Gore having takes the benefit of the Ineenest
Act at Madre% where he wee opposed by Olean
Wyndham and underwent two years' imp
fund. Is October, 1847, Captain Wyndham'
firm the Inelesiestial Court at Madras a din es a
masa et there. The next step would al MEM
have been en application to the Imperial Pediment
for a bill of div nee a vincula matrimenii ; bet OM
step was then beyond Captain Wystlhaa's awn
sad he was set able to proceed in the mass till the
make st ISIS, wits be obtained leave co brag in a bill a
dine% whisk we peed a int time mast lispember, 1103.
and the venal mar made by the brew under as ne width
nabbed psalms is laths es &lass theme Dom pediment
without waft Vialatrail. TIM eel warn Ist Gown IV.,
a 101, end ft the nembetten el winsome to be
taken is Laths im_pert of the bill et Males, mil Ow
was a pseasien OM pendia etissaary steps Is the gar
even bill dwell nee hi esseemmin tithe end
etthe by hey pris Overtimes& Tau was
proof that maim bad bees duly easel on the Indy; there
was evideses of the meet eltamelese adultery, see that Mrs.
Wyndham was now living with Captain Gen, and the
media el several eldWnen by him.
• Win was dies seised with regard to whether the ease
nee being bees nesseded with in the session of 1864, and
whiner the essethisuate of the statute of Ist George lw.,
as 101, had tees andidestile=redeswi.th, sad the matter ,
was adjourned far feather 1
WMaoism oar
ii as soma ks CiptaW
d . ham% mad lades_ aniplbented the bels of the
csa, said Oa Oman W nod punted bit panes
to the bows in the early part of 1863, and the bill was then
read a that time, and being an Indian divas' bill the meal
warrant was issued by the house under the statute 1
Geo. IV., to enable evidence in supportof the bill to be
taken before the judges of the Supreme Court of Madras.
That warrant directed the judges to examine ell the wit.,
names before them touching the allegations in the bill which
was sent on for the purpose. Secondly, it directed them,
if they thought proper, to examine other winsome '
than those named in the warrant, and to make ea mkt
for the purpose. Thirdly, it directed the judges to
order connal and agent to appear ea behalf of
the lady against whom the prandial, were taken ;
and, fourthly, it directed the judges, If they thought
proper, to examine the petitioner himself. The inquiry
took place in September and October, 1863, and the judges
meth a return containing the evidence broughtbefore them;
Midi return was made in the on of 1864. The
hens bad ordered it to be printedlast , sasessid it was now before
ifs Lad Chancellor—Why was not an appliesfries mob
to the bones last session ?
lin Meemsem we in a situation to explain that. It
was be Illentrusima the default of the solicitor, Its. Brooke
Three, wheind received the petitioner's money for the
wpm etearryiag on the bill, and had not applied it to
that pupas ; ia esasequence of which an application had
beennele to the Own et Queen's Bench with referee°, to
his amiss% sad that seal had prosounced an order is
So mar.
The and Clueollor—The difficulty is this. The act
as Mat enables a bill to be passed over from one session
to the ether while the willeses is being collected in India,
bell hen the edam" was Maned is February, 1864.
Mr. Marquees sad belies be audition to explain that,
be the solicitor in India who wee emplepd to carry en the
bi 111111119 W la Beslesd, and be mind be examined, and his
admen would be sedisint to justify the delay which had
taken place.
The lLord Chancellor—What is there in the evident. to
show how the parties lived toge
ther after their marriage ?
Mr. Macquesn thought thereere all the materials in
the evidence usually required In
bills of this sort, but he
weld read two letters written by the lady to her husband,
which would show the term on which they lived.
The Lord Chanoellor—Where is there in the any
proof that they are her lettere ?
Mr. Macireeen--They are on mir Within's table, and in
the ',ibises a Dr. Stokes then being in ba handwritiag
is shwa
The lard Obeasther—That is in the widows at the trial
of the sin am, wed it will not immeedeis the nesimeitya-
el
prat et the issitheritheg here. Where time in the
turn et the essmiseima be India anything to show the tams
os width the parties Wed?
Mr. 111)r. Stokes, who proved the handwritiag
in the imil Court and the action at law, is dam
dead.
The Lord Chancellor—What is the letter you propose to
read?
Mr. Manses—lt i a letter written by lare.Wyadhem Se
her huhu' whoa he was in China.
The Lord (theseellor—Yes ; but from the *videos it
appears that the adultery had been committed when she
wrote that letter, end it may have been only a blind.
Mr. Maequen—The elopement did not Me place till 14th
Seriteselser,lll44.
Len theognin—When was the adultery panda have
bean eked ?
Kr. Manness—On the 14th September, 1844.
The Lai Chancellor—There is dimple evidence of &bm
ivy Beim that time.
Mr. Mennen then read, the letter, width was dated
Aurungabad, Sept. 20, 1843, sad wens' Maws I
wonder, dearest Arthur, if you have remained this day.
The first thought I had on waking took me both five years,
aid I felt so lonely when I arose end ISM MR your fare.,
All day long I have been thinking of ye% MI of the past
five years of my existence; and my redesthen have made
me very happy and contented. I lock leek without 1
one regret ; and bad I to go through life srthsoad "hone
my lot in life, I wend those to be Arsler Wyndham's
wffe. Every IMO bee bow deliidirth em, and I be-
lieve sincerely, fat they all lila me Mtanni in Wig
yours. Query—do they;equally engrandate yes? Ira
solved to write a few lines to you before I weals bed and
they must be a few Inc., se say hoed I
Is adds& and am
very tired end stupid. God Mem yen my own Arthur, and
may each coming year dad you plin than the past one is
the earnest prayer strier attached -wits,—Ainna"
Lord Broughan—lt makes • great diffuses whether
this was written after er before the essmiden of adultery,
as is the latter we the letter might he ally a blind. The
elopement we hi 11141, but is no adultery proved before
11148? rber. Manwes—Thers iao ',Maim of it before that,
though it may have lobes plan
The Lad Chansellsr—The m
atway is to read the ali-
ases en the flispalliss^ be page 10 of the return.
Mr. Mennen NM mod in ~a:o of Thome, a cook
in the Innis et Deplete Wyme for 18 yaw, who stated
that he knew Dr. Ton Stoke., who wee •
and 110Trinableres
Hisam's service at Hyderabad, redid at ;
his wife was slab to Mrs. Stoke,. whim Mann Mrs
Wynne' was. Dr. Stokes died four or Rayons No.
TheTThe edam of Posonals, an ayab end Wyndham,ethers formerly
lathe arise of Captain and . wre then
vast
The nideses of Captain Wyndham wee then read to
show the peeled of his thumb In Obin and that he los
waived* headlines of his wile's elopement is Jessup,
184 He) bed sue ens bar sine. He ales
that he had net tannage Is obtain a divorce area swim,
to a sus se Elam
Further name of the Whims Narrate was read, Olen
Chet he bad been amt to Oolessanadja the Netlike/
baleen net line home emmainaties,
he bed we Gestals Ge
see his
smi Mre. Wyndham living
tier se ma alai We, ulna fe Mike% That was
Ina Imegimi aid that neverialem there was not a
weal es to the MOM lidik Ganda Wyndham mad bin
Wth lived te ober their merriage.
The Lied Masesier—Gen yea direst us to any part of
the aline Mena the Isms es whisk they lived from
1188 up to the 111619 II as derma t
Mr. Masoessa—Thile i the. evidence of Bripdier-
General limed es thee With
The Lanilhasedlee—TlM i astbiag. It is only the
judge's note st what wee sated by him in the adios for
IRIDI. oon.
Mr. Manseen—But it has been laid as the table of your
hews.
mt. is dead or nohere
t. We altais so rightuell.. i
ti
IA
Mr. Itches was exadeed in the Wien
it iris. ass., sad Ile Bedesieelial Gemet, but he died
bakes the exandmattes et maw wise no mast hem
di bens Ink elm; mi. esesetheizEF wades a the
Wok 7theteld Irak to his timin k rug a jib
death, which is peeved ar No et Poem& end
Timm the seek. Ia the Wines of Dr. Saha, who we
Mn. Wyslim's skpfillbse, IS wee stated Ilia be mere
seem lat
beilireesdtEres,earin Wyman.' to bie 1111111,
aen she easpidaed et it elliiiM
nee w idens', bat still
odium des pith
I.he Lad Olniseelles-oes the hem dispense with that
'4.6 *Maw* swims w allisses

NOS 111

kw/ Buisliboo.:What won tits deters moveridi ?I
Ms. MaccoOMl-16,000 espies, of wawa 3.000 only was
paMrby Capeokeileee, who teak the baulk of Ow lasolveat
AM. twat mond by Copula Wyadham, sad WOO ro-
sortied for two years
Led linnibm—Ther• wu so 'Wows in the cause of

Me. Mertens—Then is the evidence of Beigsdkr-Oes.
es she piss el the terms ea wide& they Hoed.
BlC:abaci Obebeeller—That V otaly tbs evillest* ea the

Mr. Mampisea—H• gave his testimony as te the affeatka
between the parties, saying that they lived together as man
and wife generally do, and that Mrs. Wyndham always
spoke of her husband in his absence with respect and affec-
doe. I have also another letter written by Mn. Wyndham
to her Misled without a date, bhich it would appcsr,
from some exapressions In it, wasut w
was! wroitt• A in Ja•
unary, 1844, sad in that letter she expresses her respect and
effusion Ise him.
The lad Obasaller—That was when the adultery was
Mr. Mamma did sot see how that anted the me.
Captain Myriam was note
Mrs, aad had ae meta le be-
lieve that she bad set semMeM MAWgsnprlp.
The Lord Obemeitur—nat LM wasCritater after they
had la Mt Melly espented, tiw he sever saw bit again
Mier he west to China the emend time. She wrote that
Maw to him, and before be reearned she eloped, and
rarely it mama be evidence to show that they were on
terms of alma&
Mr. Meergeesa—Tbe quails was how Captain Wyndham
had embelail himself towards his wife till he went to
ChM; and it wm shows that he hid conducted himself
well, that 11101 maeleat, cad** misconduct of the wife had
nothing to Is with it. His seaduct might be inferred from
her molubme et dleetlea he that letter.
Lard Paeregtirea—Tes sa *staled to the benefit of that
observation. The wane": la which he treated his wile
might be tamed boa the isms of her letter.
Mr. Martmes-1 am aszleas to pat in two letters has
Captain Gem to Mrs. Wyndham in farther proof of the
adultery.
The lard Chancellor—Than can be no doubt as to the

adiltery.
Mr. Maequen—l am informed that General Begatll is in
England, and also &Colonel Jacksoe, who can give evidenes
as to the terms ea whit* they lived, and who son be called
lashes yeur_lordiblia.
TM LordChanotUor.—The house will allow yen to do
that ; but nowt the letters, which it ie not peeved were
written by
low the wife, there o 'virtues which we can re-
cal s the terms en Is
wnhich they lived together.
Mr. Maequeen.—We con prove the handwriting of those
letters to be here.
TM Lord Chaneeller.—Ton have roved the marriage
and adultery—the astir. foe damages, and that all that
could be get of them was got, and alas; the insolvency of
Capt. Gem and Me Wog remanded on the °pinata= of
Capt. Wmilami. The plat as which the hones requires
further easirmatieses me to the tam on which the husband
and wife lived from the time of thiir marriage until he
west to China.
It was then arranged that an adjournment of the ease
• should take plea to Tuesday nest for the purpose of ob-
i' coining the evidence of General Bartell and Colonel Jack-
son on that point.
Adjmrsed accordingly.

EQUITY COURTS.—Jina 12.

LAIMIXON g. NIAILI.

This was a motion for tenth's a commission to certain
American gentlemen named in the notice of motion, for the
of examining liftmen in America. The plaintiff
Eirdpile
tiled his bill claiming to be interested in the property
of Mr. Rawlings, who died at Liverpool, pawned of con-
siderable property. Since the institution of the snit 24 dif-
ferent parties had also made claims, one of whom was Anne
Lawrence, of Philadelphia. The Master had allowed the
claim of this lady, subject to a certificate that a cantabiles
should ions for the purpose of examining witnesses to wee
her case. Pursuant to this certificate the proud alleillE
was made. The plaintiff did not appear upon the modes,
and was considered as having abandoned his claim. The
motion asked that the commission might examine either
upon interroga•lries, or orally according to the practice
under the Chancery Amendment Act.
Mr. Fleming appeared for Anne Lawrence, and supported
the motion.
Mr. Bally and Mr. Toulmin, for one of the 24 claimants,
asked leave for their client to attend the examination if it
were taken orally.
Mr. Wickens was for the Crown.
The Vic•Chanoellor said that on referring to the Chan-
cery Amendment Act, he did not think that he could order
the examination of witnesses orally in the case of a commis-
"ion. He thought, therefore, that it would be better to
appoiat a special examiner. No me had been shown en-
titFog Mr. Bally's client to be present at the examination.

COURT OF QUEEN% BENCH.-JUNE 12.

.-DOOO LOID CANDID:U. ADD 8171710111 COLE.
/LIDOS. NUN AND CIIOOIIIION.

:al 4171211 th irl

Mr. Watson mooed for the judgment of the court in this
ease yesterday. He said that in 1849 the defendant, who
was an elderly gentlemao, had been indicted for a libel, re.
destines the character of Mr. Ballet, of the firm of Smart
sad Mrs, solisiten of Week's-inn when acting on the
Krim life esmisal, Mr. lierjesat Willa's, he hMI
guilty, es t, tandeseteading that Übe ceased from the
liea of mg future libels be should not be called up fee
leftmost The defendant, however, had, as he was M.
stroked, leeks, the undertaking Into which he bad entered
by engin knees of libellous character to the pro-
seeder, odd: bed opies to several rasa=
whim wu land The poesesaW was
oempelled to gram kr judgment, but at the same time be
bed as desire_ as hiss* ablest we
to from hither aineyease.
Mr. WaWy who ensued is panes, denied that he hal
libelled the preasealsr, by wine esieseaduct be 'Egged be
had bola mimed from wealth to seta, ami he reed au et-
!e, the effiest of which won thee the pesesenter had bola
his ~ay does 18211, and had bola guilty et great air
esadme la the sment of his poperty, receiving large
sums, and set aeon** gibe-them.
Mr. Watson he maid, if mammy, put in affidavits to
show that all the quietism referred to had been examined
into by on. of the mestere of the Exchequer, who had sr
ported that the dedisist 1.11/ largely indebted to the pie.
secretor, that he bed lime bosom insolventand to whim the
prosecutor had allowed 11a. a week.
Mr. Waller repaid his assertion that the prosecutor had
reined him, sad bail Kea snowed him only a few eh"ip
a week, end had pessented his to his attempt's, to KIM
justice. Ileibegel the mart would allow his affidavit to be
read, sad them be Avoid be willinagg to submit to ray
panishmeut whisk their lordships m4tht inflict. He desist
his late letters were libellous. T ey were sail milks
with the view of obtaining an account,
and Ite bei seat a
oey si sae of them to Lord Brougham, who, in cearsgamet.
Mhoidhim assistance.
The dekadent having read his affidavit,
Uri Oimighell observed that the defendant was net mew
to be pealthed for libels in the letters which he had kidp
written, but for publishing the libel of which he had boo
found guilty, on hie own esaiseden. The lettese KIM he
had tabu* written were only broug before the mat so
a ream be the dedandent befog brought up for leftmost
The arid wail reed ever the affidavit, sad wooKpea
nonmejeligmeat temmamw.
Aessidianly, at the skiing of the court to-day, the deka-
dant we sailed the ad
sad
Mr. Justice aldressig him, ill Imbed limb*
guilty to ea indistasat imithereby ealgested
self, speaking, le puMslineeKk bat at the NMI it had
been that he altuM ad be ,ed forjaipteat
he d hem ell repetition of the eiaw. The mart
had read the affidavits of the preemie, sad whet the de-
fesdatt bed aged
_ea hie elm bask, sad ttof bit that ho
bed te he
the mmikkes KM whisk aemtraered at the Wile sad
bell thus remind himself enemsble to paakhmat But
the end thought that, wbrAttle rightly ce e
the defeadant enterained a &sem opinion that l:emet
stared a grist Wm yat the knit el the pmesealie.azu.and
that his feeder had keireby boss ash excited. • t
been mewled by the prosecutor that the dehmilent new
net be wished h ha guild be respalaed frees amegfillkag
farmer WINN ISMER hum. Usaer all the slaimikrasse.
the want woo amain to ballet any pwslimmt ea lily
bat would smile the masses en the gamesome as base—
it Wig se* madeostood that thins terms should bel
folly sod Addy modal eat The Misdeal algid
have remind some Wary is whisk be wail
be mailed to mania, but ea that point lie
emit meld net ghe say madam, es it did set aim
late the inquiry beim them and they bad sit lima Mk
Ass. If be wise Mika to redrew, it amid be eilised
=mom end cat by writing letters einlielig
BMW sad menoms of exposure. The worse
whisk the deislieet bed punned wee in violation of the'
law, soil neseset add seller ale law to be violated with
impuolty. It skull be uodeseleed that the court would
net interfere with the full ensesise of the means of
mines the &Waal ; bat they would rpineser on him
that ho anis only adept those mesas sanctioned by the law.
The dashia of the evert sow was that the judgment should
be
J essiellagly.

BAIL COURT.—luara 12.
R im ng saitco.—Wou NB. nen= 1/011111111AL
NZ PAM GOILDONrIAZIAII CORM.

As @pentodes had boss nod@ is Mb ass !it a babes
mess blobs wetness Mat be might bodlosbasiod, bat
the mallet w. 'dismal Mai its vain Ibis day.
Mr. Raillideuit sow mama thsapellsadestdad dated
this Govan bad bon wait Os WM= sad
somata Ad he 1141 fare Lek wbbsat flalibiag a
wahine% Is bibs sat joassoyints lie•
a Idiot.
It was asissloi wit is the insolies matter
pistol be tboosesteosd thud= be mold set bo paiddsd
saw that
Mr. Mims% fa @bowleg saw ion. dr is* weld
that. inborn was the salphlut 111110 4 idioms to show
tbas dudes was stoma% he dm snit tba 'Mats. Ho
:gli=MO assist woo is salmi sad Mwe at a
ht des, dams; at allma* be was Is odd or
Withal the toss of tho toalvast Nitwits
Is:re. Meieglherlds taut whit ha plowed
astl awe? If to dint, hat. If be tsesplook tap works
lie wit lo 4shlß Ms Midst el raisiti oit-