The Express.
London, England, 1863-02-10 00:00:00

COURT OF EXCHEQUER.
. .

Sittings at Nisi Priu• at Wertminster.-7(Sslore Lord Chief
Baron Pollock and a Special Jury.)

ROSMILL 1. ADAK& -BREACH OP PIIOXISZ OP MALLIAOL.

there were three eocließE, whereas 16We were in feel e*
two, end the jurst did not oonteui say date. The affidavit
must be amended.

GIPPS O. GIPPS AND HMI, H.P.
Dr. Twins, on behalf of the petitinser in this remarkable
case, moved for permission to tender an additional letter,
dated the 19th of July, 1261. The 00-respondent's attorneys
were in fact Mews. Mato* and Ade, and the letter having
been merely tuned by Mr. Ads, it had been accidentally
overlooked. W. Hams could not object to the motion
unless he wished to defeat justice.
The Queen's Advocate said the case was one of the most
astounding he bad ever heard of. If, however, the court
did not see any impropriety in the course now proposed, be
should not offer any objection on the part of Mr. Hume.
Mr. Lucas followed on the same aide.

sTretor;;;;liia;i whether in ecclesiastical court
It was not the practice, after the evidence was complete, to
reeoind the conclusion of the crown, and let in further
documents?
Sir R. Phillimore said it wu. . .

Sir C. Creswell could not grant the application in the
form in which it was made unless by consent. If he
let in the letter at all he must re-open the hearing, and
allow the co-respondent not only to cross-examine upon it,
bat to tender additional evidence himself if he thought
proper. At the earns time, without saying whether the
letter would riot affect his decision, he must observe that the
point was worth any strenuous contest on the part of
Hums.
Sir R. Phillimore, in that case, would consent to the
admission of the letter; but he trusted that no names
would be unnecessarily introduced.
Sir C. Cresswell—Oh dear, no. The names of third par-
ties may often be introduced in a manner which may be
very painful to them, but when it may be quite unneeemuy
for the interests of justice to mention them in public.
Motion granted by consent.
TOM MS V. TIMM AND WEDGWOOD.-THZ W00D124 1.50"

in this case Dr. Turner, of Kensington, has obtained •
decree nisi for • dissolution of his marriage on account of
his wife's adultery with the co-respondent, and
Mr. Hubby moved that he be directed to motions
the allowance of 2001. a year which bad been granted
pendente lite, till the decree was made ateoluts.
At present she was not for all purposes •
femme sole, sod could not enter into any contract. The re-
sult, therefore, was, that she was in • state of utter destitu-
tion. Dr. Turner was in the pceression of an income of
1,0001. a year.
Dr. Tristram trusted that the court would not grant the
motion. The respondent had contracted debts to the
amount of 1,0001., which her husband had to pay;
she had pawned plate for between 2001. and 3001. a
year • he had purchased • oornetcy for her son lon,
at eclat of 5001., and he bad paid 3501. for the yoang gen-
tleman's outfit ; and she had harassed him by bringing a
suit for judicial separation, on the ground of cruelty, which
had failed. She had, moreover, a settlement of 5001., over
which she had a power of apportionment by will, and with
which the trustees might purchase an annuity for her when
she attained the age of 50.
Sir C. CIIIIIIIWOU thought that, taking into consideration
the oonduot of the parties, he ought not to grant thepetition.
The respondent had had an illegitimate son ; and to save her
credit, her husband had allowed him to bear his name. He
had taken care of him and hadted bought a commitriost
army. ,
for him in the She appearedto have been allowed
many indulgencies, but the evidence showed that she had
begun to indulge herself in habit, of intoxication which bad
probably led to the misconduct of which she had been guilty.
Nothing could be more conceding than the conduct of the
husband—nothing more gross than the profligacy of the
wife. She must, therefore, take the consequences of her
own acts, and the court would not make any order under
the 32nd clause. As to the alimony pendente lite, the lis
was over as between the parties.
Dr. Tristram—Besides, the alimony wu only granted in
the nit for judicial separation.
Sir C. Cresswell—Then there is of course an end of the
question.
Hr. Healthy—Bat may I not file a petition for alimony de
novo ? _ .

The trial of this ease was resused at the sitting of the
court. The Miscast in the case had in no respect abated.
The emit was again densely crowded, and a large number
of persons bad °elks:tad at the entrain"e in the vain hope of
obtaining adminion.
The Lord Chief Baron, in summing up, gave a brief sum-
mary of the cam for the plaintiff, which, he said, involved
an accusation against the defendant of coodnct which he
could net call iodiacretion, but must designate infamous.
It was either infamous or nothing. No doubt it was no
more criminal by the law of the country then the seduction
of • woman, or than many other things which men of moral
and religious feeling would not do. They could not punish
• man criminally for such conduct. If it should happen
to • very young man not yet introduced into the
social system of the country to be guilty of an act of that
kind he might recover himself and regain • portion of the
confidence and character he had lost, but that could not
happen to • man like Mr. Adams. He was married—them
was now no doubt about that. Mrs. Rumen, however, said
she did not believe even now that be was • married man •
and Mr. Serjesnt She. said be had inquired, bat
he could not lam from his instructions whether
be was married or not. Great blame attached
somewhere, for be must tell them fairly and plainly that
he gave his brother fibee no credit zo point of fairness for
the mode iu which be opened the came. It would have been
far better for a truthful inquiry to have at once blurted out
what the accusation was, and not to let the 'ivy hear the
whole case of the plaintiff without anderslanding that the
defendant really was • married man. That did not
lessen the responsibility of the defendant ; on the
contrary it greatly rated his crime—not legal, but
moral—for, being married he could not perform his pro-
mise, and the only object could have had warn to gain so
much of the affections of the daughter as might iadmis her
to assent to some impropritdes. Ile had no means of giving
her a respectable establishment and introducing her to the
society in which he moved, sod therefore he could only have
contemplated her selection and rain. They could not talk
of • medical man like defendant, of position in his profession,
and attached to hospitals and medical institutions, regaining
Lis position after he bad base guilty of such conduct. No .
He hoped they were not in such a state of moral debase-
meat that • men could be allowed to hold up his head
who had committed an offence of that description naiad
all rides of morality. No, lot him take all the infamy and
degradation that belonged to his Milan ; led his .wife and
children alao take the consequences of his minendnot. Oa the
other hand the case on the part of the defewinnt was that
be bad no connexion with Mrs. Ransil end her
daughter other than that of an honourable medial !wig,
who had sympathy with them in their digress, they bang
the wife and daughter of a brother geothmional man, and that
he had not the most distant notion el their. that ha
intended to marry Mies Rowell. He also said he
never received the letter about the offer of mar-
riage which Mrs. Baena said the not to hint, and
that be
told him that she had been givinglorodit to them in the
expectation that he would many the daughter. These
were the two scoriae, and before he went to the 'Adman
be wished to make • remark as to the absence of
information in some points. lira. Rowell chimed
to be • relative of the noble house of Runoff by her
basband, to be intimated with the Dean of Down,
and to have an admiral for as uncle, bat the only evidence
in support of those elateneets was her own, It was a not
unimportant fact that. the only evidence as to what she
tree, and had ben, was actually derived from Cramp,
the defendant's witness, whom Mr. Berjeant Shee had
characterised sae &makes, nngntefnl, peri ored.and treacher-
ous wine's. Instead of the learned counsel attacking him
he ought to lave availed himself of this information, which
was to the effect that Mrs. Rinell was ones in a position to
command the service, of • lady's maid, Chomp's mother
having both employed by her in that capacity.
No man ever spoke in a more straightforward
manner, and if he wished to perjure himself nothing
would have been sealer than to have concealed that fact.
It was also • remarkable circumstance that Mrs. Russell
called sot a single witness to prove that she was living
among her fritiode and relations in the way she suggested she
did. If what she said wee true, her attorney neglected his
duty in not adducing evidence of character sad bringing
forward somebody to connect them with the persons with
whom she said she was connected. It might be said she
was too poor to procure each evidence, but relatives and
friends, if influenced by • warm, kind, and hearty
feeling, would not refine to opine forward and stand
by • lady placed in enelt • trying position. There
was soother matter, which he mimed surprised him. The
intimacy between the Russells and the defendant began io
October, 1860, when it was alleged the promise of marriage
was made, and continued until July 1881, and yet
during the whole of that time there did not appear
to
to have been y interview between Mr.
and any relative of Mrs. Rumen, except the daugh-
ter, and Mrs. Russel saw to relative of Mr. Adams. It
was for the jury to my whether that was the ordinary rouse
of things that in an ietioniey of this kind, the result was
to be marriage ins few months; nor bed they ever breakfasted,
dined, bad tea or supper together. Nor did it appear that Mrs.
Rummell mode any inquiries to ascertain whether Mr. Adams
was a aserrisd mss, or what sort of a person he was. The
jury wen the best judges whether • medical man having
• boom in Heorietta-street, Caveedish-equare, and re-
siding with his fetidly at Harepstaid, where he bad been
three yeses, could prissily have so lived without his green.
grocer, baker, butcher. charism:longer, end mores of people
knowing it, and whether, if Mn. Russell had taken the
smallest pains to inquire what he was, the marriage
would have remained • secret. It was impossible
that he could have concealed hi marriage. Therefore
he was astonished that the attorney did not
before the trial of the case know that he was a married man.
He ought to banknotes it at Oa earliest possible moment.
It might be the part of an advocate, but it was not fair to
the jury nor to the &feeding to keep back that fact., not
that he doubted Mr. Seileant nee being unaware of the
truth of the matter, but it was imposeible the attorney
could have remained in igoorthos of it if he had made rea-
sonable inquiry. He ought to have known the fact, sad
told the jury the whole extent of the infamy and baseness of
the charge against the defendant. His lordship then said
that if the jury believed the story of the plaintiff, there was
• clear promise of inerliage, and their verdict ought to be
for the plaintiff, but if they believed the witnesses on the
other side, the defendant was undoubtedly entitled to •
verdict in his favour. It was for them to say on which aide
the truth lay. The issue was • fearful and dreadful
one, but it was upon the plaintiff, and if she failed to make
out and sustain her aecusatioe, and if, looking to the whole
case, they entertained any doubt about deciding in her
favour, Mr. Adams was entitled to their verdict ; but, on
the other baud, if they thought Mr. Adams had suborned his
enthuses to tell • sense of falsehoods, that all the persons
who in socceesion cootradieted Mrs. Russell were hired per-
jurers, they ought to bare so hesitation in giving a verdict
for the plaintiff. Ina case of this kind he would not say •
word about damages, but leave them entirely for the coati-
deratioo of the jury.
A Juryman. with • strong Irish sweet, referring to the
columns of • &swaps/at, asked whether at the interview when
Blaise was present, Mrs. Rummell did not pot her arms
mood Mr. Adams's wait and say, ",How often have I seen
you do this to my daughter and say, •My dear, dear girl
rn soon call you my Giro.' •
The Lord Mid Baron—l ban sot that en my totes, bat
I believe there was • stetemeat to that effect. I can only
say that the newspaper report I read was very accurate,
Another Juryman asked whether Mrs. Russell said that
she had been married or bees a widow for Zi years t
The Lord Chief Barge said she stated that bee husband
died 23 yews ago. and that she had been • widow since.
The jury then retired to consider their reedit,and re-
turned the following :
"As the plaintiff has not made out her case to
our entire satisfaction, we of actuality find a verdict for
the defendant."

Sir C. Cresswell—Certainl you may. I always endea-
vour, so far ma human infirmity will permit, to avoid pro-
nouncing a decision before heating a case, and to I don't
prohibit your filing such a petition ; bat you bad better first
consider what may be the result of it.
Mr. Bashby—l don't gather much encouragement from
wsugges tedhat your lordship sa to proceed in the manner I have
. ys

DAVID V. DAVIS AND NECHES.
Sir C. Creswell pive judgment in this cue, which wen
Loud on the 28th ult. He pronounced s decree Mai with
code.

THE POLICE COURTS.
(THIS DAY.)

RAILWAY.

aioitt:saii-iToiLiiieuow..;i; d.-
scribed himself •• • betting man, residiog " over the water,"
and • man who refused both his name and address, were
aVbefore Mr. Barker with picking pocket' at the Far-
-strest station of the Metropolitan or Underground
way.
Mr. Alexander, the second clerk, asked the primmer who
refused his name if he would give it, sad received an an-
swer in the negative, the prisoner remarking that, having
been locked up for doing nothing, they might find out.
Luck go with them when they did.
Police-sergeant Thomas Evans, 22 G, an active phis-
clothes officer, stated that in consequence of the numerous
robberies that have lately been committed at the different
stations, he with two other constables had been specially en-
gaged to discover the thieves. Last night, on the arrival of one
of the trains from Paddington, he saw the two prieoners
alight from • carriage in front of which he was standing,
and commence operations by attempting to pick the
pocket& of a lady. Both prisoners were well attired, and had
on Inverness cups.. He watched than for some time, and
saw them get into the crowd and go as far as the ticket col-
lector; bat although he could distinguish their hands
moving about close to the ladies' pockets, he could not
see that they succeeded in taking anything. As soon
ea
those who had arrived by the trains had left,
the prisoners went on the other side of the rail-
way, and again commenced work. He at down on •
beech in frost of which ia lady was standing. and had
hardly done se before the two prisoners mine up and spoke
to her, and wink ems acted as " cover" with his Inverness
*ape, the other pieced his hand in her pocket, bat did Dot
succeed in taking out anything. He took both ptisoisenioto
onetedy, and at the police-station they were recognised as
having bra before committed and as the associates of well
known pick-pockets as well as being constant companions.
In defame both prisoners denied that they knew each
other, sod said that they had gone to the railway station
merely out of feelings of curiosity, as they had never been
there before.

Piaii7e:;sTatable Bewail. 429 A, said he saw the prisoner
who refused his name at the station oo Thursday leak and
he then suspected and watched him.
Mr. Barker and there could not be the slightest doubt as
to the intention of the prisoners, and he should send them
each to the House of Correction, with hard labour, for three
calendar months.

16.Akrianaer—Will you now give your name, as you
will have to go to prison whether you do so or Dot!
The prioooer—No, you oui eon me Mr. Nobody. (A
laugh.) If I had knows that I was going to have three
mouths foe doing nothing, I would have done smoothing to
earn it.

\1100;1110ameet wee received with applasee by the
people who filled the evert.

COURT OF PROBATE AND DIVORCE.
(Before lb. Jai., Ordieszy.)
TT TIM GOODS OF MI JINJA= C. 1110DIL
Dr. Tristram moved that the court would grant penile-
eidaka
fto the registrar to remelt. as affidavit of strips is the
ens.
Mir C. Gasmen sold .be could oat mold an affidavit
which Ina so full of mom it stated, for ieetance, that

THE EXPRESS, TUESDAY EVENING, FEBRUARY 10, 1863.

SHARE LIST&-(THIS DAY.)

Two o'ol.ooc.
The railway market to-day is quiet, and with the
exception of a fall of Ipercent. in London and North
Western, the principal stocks are without variation.
Metropolitan shares are inactive, at 121 to 13.
London and North Western stook is now quoted
98} to 99 ; Great Western, 66} to 67 ; Midland, 1271
to 128} ; Lancashire and Yorkshire, 109 to } ;
Caledonian, 115} to 116 ; South Eastern, 96} to
96 ; Great Eastern, 47 to } ; Great Northern,
to
to
1.127} ; and London and South Western,
103 f
Indian lines are firm, and Canadian inactive.
Lombardo-Venetian, San Paulo, and Antwerp and
Rotterdam shares are inquired for, and Bahia dull.
UILIMJIAAT sisAiUll AID MOM
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