The Express.
London, England, 1864-08-01 00:00:00

COURT OF PROBATE AND DIVORCE.

)111 AID ANDIOLOOM -TB!
• "RS 1101 T

This sue was resumed this morning. It war a
divoros instituted by Vice-Admhal Henry John Codneg.
too against his wife, Helen Jane Codrington, for her antral
adultery with Lieutenant-Colonel David Anderson, of tie
22nd Foot, and Lieutenant Herbert St. John Mild:nay, of
the 3rd Battalion of the Rifle Brigade. The respoodeta
denied the charge, and pleaded that the petitioner had bee,
guilty of neglect ad misconduct conduciog to adultery.
Mr. Bovill, Q.C., Mr. Serjeant Ballantine, and DT.
Spinks for the petitioner ; the Queen's Advocate, Ur.
Hawkins, Q.C., awl Mr. Inderwack for the respoodeat •
Mr. Price, Q 0., and Dr. Swabey for the 00-respondent.
On Saturday Mrs. Watson, the wife of the Rev. .1 o,baa
Watson, and formerly the bosom friend of the reepoodeac,
gave important evidence for the petitioner. Amooot otter
things she made the following statement :
" Mrs. Codrington subsequently made another come: at—
cation to me. That communication has never yet panel re,

lips, as she made me give her an unconscious Praline sot t,
=Now she hassubtsvniad mew this court I ay
from my promise, sod I am bound to speak tit.
truth. She was expected to spend the evening with u rra
the kith of November, 1861. We expected her to tot at ;
o'clock, but she did not come till about half-past r. lly
husband let her is, and ilatield of corning to the dr.ortoi.
room, she went up to my bedroom. She seat word tee;
she wanted to speak to me. My husband seat a menage
that I could not go as I was ill, and she then came into the
room, at down by me on the sofa, and whimpered
that she minted to see me alone. As soon u mss
husband went out of the room she buret out age
violent agitation, sad said that the climax of evil had
strived. She told me that Lieutenant Mikhnsy had covet,
the house with her and had asked her to walk with him te.
fare she came in, that they had gone round to the has k of
the house, where there were two lanes ; that they bad geme
up one them sad that there the deed was committed. hire
hod before asked me not to repeat what she was going to
tell, and I had laid, ' Certainly not.' I was horrorotriner..
I felt paralysed and could not soak. She put her had
between her hands and said, ' Do you worn and loathe me
lam lost.' I did scorn and loathe her ; but I asked myself
who was I to cast her off if she was penitent! and I
aid, Helen, if you repent I will not out you off.' We
convened fora long time, and she spoke of the lo,e of
our bleated Lord for one who had committed the same tie.
I thought that that was dangerous, and said, Yes, tot
she aimed no more.' After a long conversation ...be
wished me good night."
At the sitting of the court this morning,
TheQuesn't Advocate complained that this portion of
Watson's evidence had come upon the defence as a complete
surprise, and he prayed that the further bearing of the eau
might be adjourned in order that Mrs. Codrington might
have an opportunity of mending to Malta and procuring me.
Whale on which to cross-examine the wham. or to refute

the charge. It as eimply Impossible for the respoodeet;
meet such an socuastion, sprung upon her, as it had bees,
hke a mine.

J. P.wad. mid that what the learned counsel oil
was perfectly trim, for lira Watson had herself dechred
that she bed never died:wad the circnmatenoe to anyone
before she stated it is the box.

Mr. Hawkins also urged the postponement of the case.
Mr. Bova', metre, argued that the particulars which had
been furnished to respowleet had been en the usual form.
Sir J. I'. Wilde laid that, supposing the converution
spoken to by Mrs. Wawa had been known to the petitioter
that. 000ld be no doubt that he would be bound to allege
that on amitsin day the respondent had committed adultery
with Lieut.-Miklmay ; bat of course if the thing ems not
known to him—sad Mrs.Wateon herself said she had told no
one of it until she was sworn tospeak thetrath—it was impel.
Bible for it to be included in the particulars. The court dealt
with particulars in a Nameable manner. In this ease there
could be no imputation of want of good faith on the part of
the petitioner ; the question was,therefore, rather one of the
degree of prejadies which Mrs.Codrington's meshed received
by this unexpected evidence.
Mr. Bovill said that the sole question was whether Mn.
Codrington had made the confession to Mrs. Watson ! The
petitioner was not bound by all the &Wm ; and even if it
could be shown that the fact spoken to was extremely im-
probable, it would not alter the point really before the court.
I namely, the credibility of Mrs. Watson.
The Queen's Advocate said it was a question between two
persous, of whom inns could be *end in the 1,1,
and the other could not. The only. war to
which en innocent woman under such arametaneee
could defend herself was by showing that it was imporehle
far sea of the kind to have taken place. He the
counsel) felt moat conaisetiosely that it would be
impossible for him to conduct the crass-examination with
any effect, or make hie whines to the jury, or manage Ms
defame as he ought if he had one hand tied up in this mac-
ner, and if he felt the dead weight of the
alleged contemn= hanging upon him. At the
same time he was instructed that evidev e
could be procured from Malta to show that the commente
described by Mrs. Watson could not possibly have taken
pleas.
air J. P. Wilde maid that an adjournment would be a
groat evil to both parties; and, moreover, this confession
did not go to the whole ewes It was for Mr. Bovill to coo-
,eider whether be would sot abandon the charge spinet
I Lieutenant Mildewy, and rest his rem upon that respecting
Clelonal Asthma.

Mr. Bov7ll, nether than have an adjournment, would agree
to abandons particular ocafesaion.
Sir J. P. Wilde was afraid that that would hardly meet
the justice, at the one. This was another Wilma* of the
ergs that bowed from not allowing the parties to earn for.
ward sad give evideoes thenseelvea.
The Queue' Advocate—lt is, my lord ; it is a way strong
illustration of it.

The colsesi for the petitioner then conferred !or a abort
time ; after which
Mr. Bovill stated that be preferred not to abandon the
cam against Lieutenant Madam.
The queen's Advocate renewed with equal eatriestasse
hi application for a postponement.
Sir J. P. WiLle—An adjournment is always to be de-
plored bat at the same time there are one.. in which it must
be retorted to ; and I cannot help coming to the conclusion
that the statement which Mrs. Watson has made was most
material. It is mid that whether adultery was or wai Dot
committed le not the question, and that the question Nally
is whether Mrs. Oodruigtoo mad what is attribated to her.
But, looking more closely at the matter, that is
not so. Suppose it could be 'hewn that adalter/=lde
not possibly leave bees smansiMed, as alleged, either
Liesessent Midway was sot cos the island at the tans in
question, or for some other reason, then one of two things
most follow : either lira. Coariegton did net make the
Matement to Nis. Watson, or she was is the habit of
making statements to her which were not true. In . either
case the result would bemoan material to the respondent.
If she did sot make the Maintain, the credibility*, the
114L.wesho is the chief witoom against her, and whose
. to doubt prawn most heavily upon her,
as rupee Lieutenant Miklmay, would be seriously shakes.
On the other hand. if she did make the statement and it is
not true, it would throw peat doubt upon the other stories
which she had told Mn. Watson. The whole difficulty flows
from Mrs. Waitron having kept back the steamiest
from a desire to keep her •• to the rewpoe-
dent. I was in hopes that the on might possible
go on because this alleged ecafensim did not
Is any way &Hoe the cam of Colonel Anderson. and that
the petitioner might be willies to rest the matter upon that.
I cannot, however, say that the admiral's 'driven were
wrong is not Liam that mural ; and there is no alterna-
tive but to postpone the cam till mid term.
After some oonvenatiou it was adjourned till the 9th of
November, the respondent having pernmaion to take out
00011111.kla to examine witnesses at Yalta, end the yeti-
timer having also leave to join is it.
Dr. Swahey expired a hope that hi client would not be
prejudiced is the matter of meta.
Sir J. P. Wilde would sot be disposed to overlook the
peculiar circumstances of the alas, if an applicatioo Were
ever made to him on the subject. He thought an arrange-
' went ought to be cane to that, in the meet of one Or
AVM of the jams being absent, when tie court mot
again, the owe might be tried with the remainder.
Mr. &twill and the Queen's Advocate agreed to put them
selves in the bands of the wart in the event of anything
the kind happening.
The further bearing of the can was then adjourned 01.1
the 9th of November.

COURT OF BANKRUPTCY.
(Mon Yr. Oaannieskiser Goo'bare.)
AI as WISITIM.-THE IILAGAILIGILE MAUD&

The bankrupt, described as a button maunfacturer of
Holloway, Caladoeian-road, and other plum, applied for his
release from custody.
Godhey opposed on behalf of Mr. St. George,' eredi•
for for 1601. The bankrupt, ha stated, bad been in amuses ler,
with onellagarigle, who is curtody &charts of obta,olne
mousy from young moo co protases of getting situation, f
them, aid elm of whose victims was recently before the
court. In the is. of Mr. fit. George, a deposit of 1301. had
been required as cash security. He bad vubasquently sued
the bankrupt, and obtained judgeasat ; Webster then &rot
to prism, where be was adjudisated haakrapt by the rep,
tar. . .

The bankrupt being called, it was anartaised that he was
sot in attudasee.
The Registrar stated that he had called over the named of
the bankrupts applyieg for their slew at the 11MM of
the work sad in thus mese where there waa so oppositim
the gaoler had been directed to remove the primmer, back to
gaol, there to await the decision of the court.
His Honour directed that the bankrupt should be teat
for ; but afterwards, ces learning that the opporing creditor
or his repremistative bad sot answered when the me, 1/14
Ent called, aid inquiry made es to whether Shags wu
any opporition—also that there were other mess 110 tbs
mnie position—rid that the parties who meant to
t v'er,
might to ben=tfial to the hoar laid, sad that he shosia
gna tha
Afterwards, the bankrupt liatiohezesh=sht
Ns Godfrey asked that the s be disuissed,
the hub:rapt having omitted used hie places of buboes at
B' ham.
Yr. B. Griffiths, for the teakrupt, said that this woe 4

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