The Express.
London, England, 1862-03-17 00:00:00

COURT OF PROBATE AND DIVORCE.

Xmn 15.
(Bofors the Judge Ordinezy.)
'SEDDOH r. WIAIDDON AND NICITIL—OONNMAL 10$
PILBJUIT.

This rams* Dr. Spinkm with whom was Mr. Searle,
addressed the wont for the respondent, contending that his
dist wee ma the monism who had been seen with the
oe-responded. sad that in point of fact there
had boos • collusive attempt to get up •
sham ems against her. The plot har4 however,
owspieliely beeline down. the evidence of Martin and °thee
witnesses who had been Galled to make out thismideatitj
bong eastradistagyand obviously false. it so
moreover, thatape Gas who had been in the mart ea Wed.
assday week, wire had been sworn to by 111•111S1
SUMO 116 SAO was in reality her sister,
Men. Roberts. lf=letvineed of the inneseasse d his
and hardly knowing how to meet the thugs sedan
her, he (the learned sensual) had deliberately advised that
she sheeted be kept out of the way ; and she was not near
the overt at all when the witnesseskr the petition mobbed
Mrs. Roberta in Wentninekt Hall and declared that she
was Mrs. Wlteddon. The learned doctor, in cosclusion,
emplaned of the warms in which the case had been sem
cinema' as the other dam Although the respondent could
not possibly give 'widows in the cause, they had actually
served her with a ealmoma, in order that they might have
an opportunity of contrasting her with their witnesses and
thus make out their ease. The jury would, however, pre-
Bendy see how signally the attempt had Idled.
George Roberta, a hairdresser and the brother-in-law of
the respondent, proved that she lived with him and his wife
in Ommaby-street, Go/deo-square ; that she poised as Miss
Isabella Buse'', which bad been her maiden name ; that she
obtained her living by hard work as • 'empathise ; that his
chikben slept with her ; and that with the exception of
himself, and the " trotter " of the shop, i.e. the person
who brought hir the work, no man had ever 'been in her
room. On Werimulay week witness was in court with his
wife and a ilre.Dndman, with whom the respondent had for-
merlylodged. Therwqmadont was not withdrew. Onleaving
the eosin somebody same making up, aaoght Mrs. Roberts by
the shoishior, and eaelsineed, "Mn. W you are my
wife—my wife, I can swear." (Laughter.) Witness pushed
him away, and thee Whadon- called out " Mr. Pearson."
Mr. Nance came up In • state of great excitement, and
" That's my nieem" (Mr. Pearson, a sancemaker at
Bath, had paddy* sworn that the pence he had seen on
this occasion was Mrs. Wheddon.) -Witness then put his
wife and Mrs. Dudman into mesh, and at that moment slot
of other people came up. One of them, • nd-faced woman,
said, "That is her. She knows me and I know bee She
pointed her out to a tall man. Another Imo said, " That is
the woman I served • sulthama on to-day," and he pointed
her out to the rest of the party. (Them persons were all
identified as witnesses for the petitioner, the tall man being
the sx-poliosman Martin, and the women the keeper of a
brothel to which it was alleged that the respondents had
been traced together.)
On oromommination the witness said he was from home
all day, except at meal times.
Mrs. Roberta laid that on a previous occasion she had
seen her uncle, Mr. Pearson, in the court, and she had in-
troduced herself to him. She did not know him at first,
for she had not seen him for many years. Mrs. Wheddon
was sot present. The witness then corroborated her hue
band's evidence.
Sarah Dodo= gave confirmatray. testimony.
At this point of the cam Mrs. Wheddon was called into
the court.
Dr. Tristram admitted that his witnesses had been mis-
taken in the indentity, and that as the case stood he could
not carry it further.
Sir C. Cromwell then ordered the witness Martin, end
another witness named Brusbfield, a hat manufacturer in
Newington-square, whom evidence had also been extremely
unsatisfactory, to stand up. Martin accordingly did NOS
Itrushfield was not present.
His Lordship, addressing the jury, said that this was •
most remarkable case, and it could not stop where it was.
A charge had been made against the respondent, Mn.
Wheddoo, that she bad committed adultery, and now it was
admitted that she was not guilty.
Dr. Triatnun—My lord, 1 do Dot admit that
The Judge—Then I don't understand your said= at
all. Proceed in the regular way. Dr Spinks hem libel
his cam, and I presume be does not wish to sum up.
Dr. Spicks—No, my lord.
Dr. Tristram (with whom was Mr. Palmer) then ad-
dressed the jury, insisting that the respondent wadi seat
have taken such pains to conceal herself if she was net He
perms who hal been sore w ith Smith under the chumminess
spoken to by the witnesses for the petitioner.
Sir C. Cromwell—Gentlemen of the jury, the question is
whether you are satisfied that Mrs. Whsddon committed
adultery with the co-respondent Smith on the 18th of
November, 181.9. Is it necessary that I should why ear-
thing?
The Jury—Certainly not, my lord. We find that dm did
not.
Sir C. Croswell then, addressing Martin, said—l sme
now about to read for your information a Okla IS •
statute which was passed in the 14th mid ISM pans Gal heir
present Majesty, chapter 100. It is Mania enerMilibot it
shall be lawful far my judge of any superior court, Of OW
of her Majesty's commissioners of reefer, or any juleps of
any county court or court of record, in case it shall
appear to him that any person has been guilty et wil-
ful and corrupt perjury in any evidence given before Mar
and in ease he shall me reasonable cause to direct him tei be
prosecuted, it shag be lawful for him to commit sash
sun until the next amine or sessions of oysr and tesiaer
for the county or district in which the said offence holism
committed, airless such person shall enter into recognises's,
with sufficient sureties to surrender and take his trial. I
am perfectly satisfied that whatever ground Mr. Wheddon
may or msy not have had for suspecting his wife's fidelity,
the case laid before this ootut has been et up by means of •
conspiracy to entrap Mrs. Wheddua into the commission
of adultery in order that her husband might obtain a
theorem lam satisfied also that you became ma agent
in that proceeding; and I think there is reason-
able ground to cause you to be prosecuted
for the cruse of wilful and corrupt perjury. I do, there-
fore, order you to be committed to take your trial at the next
sessions for the county or district in which the offence has
been committed ; mime you enter into recognisant:es to
surrender and take your trial. Officer, take him into
custody.
The man was accordingly arrested by Mr. Haskell, the
usher of the court.
Sir C. Creaswell—l am sorry to say the suspicion 'of
having given false evidence is not confined to this person.
I have asked if another of the witnesses is present, bat it
seems that he is not here. I have no jurisdiction except
over those who an actually before me ' • hot, I am far from
being satisfied that it is sot my duty to call the attention of
the Attorney-General to the osse,ln order that some pro-
tection may be afforded the public against mite got up in
this manner. It is • moat abominable conspiracy, se it
seems to me, and I beg to citation gesstitisnere in this court
against endeavours to intimidate respondents into coming
forward, by the genies up= thole of sublimes. This
court has madly the same power over persons practising
before it an add judges have. lit C. Cromwell then
asked the Momer if anybody would eaterinto now
sinner for
Mania—Perhaps Mr. Kent, the selleiter, will?
Mr. Kent did ad, however, offer to do so.
Martin begged the court to belies that he had had no

intention to, rumit perjury. lie had received an injury to ,
Lis head, and he was at tunes • good deal confused. That
vu in fact the reason why he had left the police force.
The Judge—That may be a very good excuse to address
to another tribunal, but I have nothlng to do with it.
The prism, was removed in custody.

INSOLVENT DEBTORS COURT.—BIARcH 10.
(Before Mr. Commisaioner Nichols.)
131 a* JOHN OLVIS.
This insolvent, who had been manager and part pro. ,
Vetor of a joint-stock loan and investment company at
' Silver-street, Golden-square, was finally heard. Mr.
llOivse opted for a Mr. flatt, and Mr. Berwell,
a licensed victualler, appeared in person. Since
the former hearing the ineolvent had filed several
books which belonged to the society, and they were
given out to Mr. Butt. The insolvent and Mr. Butt and
Mr. Barwell were in partnership in the loan office. The
promissory notes given for loans were made payablo to the
insolvent, and he had indorsed in court upwards of 100.
Mr. Barwell said he had found on the books upwards of 100
defaulters, and on being asked the insolvent said he bad re-
ceived the money. Ho said be believed he dad sent the
plaint notes in the actions he had brought faQbe society to
the office in Silver-street. Mr. Butt said he had not re•
mired them, and unless the plaint WWI were produced at
the county courts no money could be received from the
offices.
Mr. Commissioner Nichols, after the case had occupied
some time on the present occasion, said the schedule was too
defective for the case to proceed. He should dismiss the
petition, and the insolvent might apply to the Court of
Bankruptcy.
The petition was accordingly dismissed, and the protec-
tion ceased.