The Express.
London, England, 1864-03-03 00:00:00

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" Etat
EQUITY COITRTS.—MAscii 2.
(Baton VieAltracellor tiesert.)
THOSJITOW V. as 3 wll UAM BANADOIL

' The riarilhenealke Ude iodisated to Mr.
Mallet that be ahead net e U upon bl foietelot in this
case, the facts at which were fully these
columns on the 2Mb of last meth. eh of the
suit it will be rerannisead was to otitis • d«Lntiea of
the court that the plaintiff was entitled to • lien tram
the defendant et certain now held by the plain-
tiff at Paddock, sees under • speedos of
beim alleged by hiss to be that of "WW2% right," and
l'Elito which
ifit is alsoisartetanded that It grill
tmtgoo Llemses,
ts. are pima
Kr. Malice, Mr. Danish,respective a
Q.O , and Mr. Fielding
Balder, appeared tor the plabitit; and *the Attereey-Gene-
mi, Mr. Bain, Q.C., end Mr. Chapman Barber, for the
defendant. The fuse sill steads over for judgment.

COURT OF PROBATE AND DIVORCE.
Mimics I.
(Blots tie Judie Ordiasay.)
VIIS.NZLEV V. FIZ I JT AND
.NATL9/L

Sir J. Wilde, in samuuig up, szdtialiit7 nit was a
very remarkable one. There could be no doubt that the
respondent was a very ill.ocoditioned woman ; though the
ease of her violence was perfecUy inscrutable, so far es
the evidence threw any light upon the matter. After the
separaike the petitither allowed her 201. a year. That
no doubt seemed a very =all sum ; but the court had no
information respecting his income. Every one knew that
1 there was no clam of her Majesty's subjects whale ladariTl
and intelligence were so alimeasly monomial an goer
nil medical praetitioesra in small country towns. All that
=sew of Mr. Fereraley's affairs was, that he had six
to support ; and in the thence of other
information they were unable to judge how far
20/. a year was a shabby or unworthy allowance.
With regard to the adultery, the learned judge pointed out
that all the witnesses seemed to be—perhaps not %Pasta-
rally—usder the influence, more or leas, of prejudice against
the respondent ; but be cautioned the jury not to give
way to any impressions that they might have received
from what they had heard respecting her treatment of her
husband. They must remember that it was their duty to '
do justice irrespective of their faller. Si J. Wilde then
wait with great nuanteosis through the evidence, and con.
eluded by kaviog the amuse of adultery to the jury.
The jury, after deliberanw for an hour and a Tarter,
found that the respondent bedlam guilty of greet levity of
conduct, but that there was not suMinent evidence en which
to markt her of adultery.
A verdict for the respondents wie therefore entered.
WIFE O. /HRH AND RICHARDS.- WAVY DLFAOIII.

Mr. Rasher, and Mr. Sear appeared.
for the petitioner, a hushed seeking a divorce on sccosint
of his wife's adultery with the co-respondent, and claiming
10,000 f. from his. Neither Of the respondents appeared,
and a special jury was sworn to asses the damages.
From the =miss dellement of Mr. Kerslake, who
described the case as one of the most heart-
less and cruel that had ever been brought before
the court, it appeared that on the 16th of December,
1831, Mr. Charles Smith, a gentleman at Scarborough,
monad Yin Charlotte Lost.. Maine, at Seam, neer
Hell. They had no family, bat until quit* recently they
lived together as the rood happy term. A few years ago
°waist Arthur Oswald Richards, of the 9th Foot, a sofa
of an Irish judge came to Scarborough, and made the
aquaidenas of 'the petitioeer. A very close intimacy
sprung up between there, sad Captain Richards had even
been a guest at Mr. Smith'. house for some weeks at a
time. In 1863 Mrs. Smith wee seat for to Clifton to stay
with law sister, whose little boy was dangerously ill. She
remained with her till her child died, and then she aooom-
ponied her to
Heston-super-Mare, from which place
she led suddenly eloped with Oaptaie Richards, and bad
gone with him to Zaste.
The following ',ideas was thee given :
Lieutenant Cayley, R.N.—I am acids to the petitioner.
I live at Scarborough. I remember the manage of the
petitioner. He has resided at Scarborough ever MOO. and
I have been in the constant habit of visiting his wife and
him. They lived on the most affectionate terms.
Richards came to Scarborough, with a delachnientaljtit
9th, in the autumn of 1857. He visited Mr. and Mn. flattli.
Hr. Smith was not at that time is any profession, but be
his duos been appointed high bailiff in one of the district
court was on most friendly terms with Captain
Richards who frequently west with hia shooting. la 1858
Captain Richards west with hie regemeat to the lonian
Wands. I saw him again in 1861, when he woe to Sear-
beroegh es leave ot 4seeei. lie was a gnat at Mr.
Smiths' home. He oast use to Scarborough m 1863, bat
I was sot then at that time.

Mr. bluTric;:Flopkia;o;, of Bortoo-tall, noir York, sad
Mr. Ciloorgo Wagon, of Oats Holmaloy, asst York, gm
similar (widows.

asffieffsupolowielinhhe '
Mit,ffon the ton w.ter, oe the Seth acOMelleg
last. By qie negligence of their duty as sepsis and leek.
out a calms had 000arred, and the Menses boat was'
run doors and cut to , mid the man drowsed.
Mr. Bre Gondasted the prosecution ; and Mr. Poirlden
on behalf of the accused.
appeared
Ben slated the serious details of the case, and bore
them out by evidence, to the following effect :—The pri-
soner Sommers was captain and Wooloott a sailor on board
the Lady of the lake, running between Southampton and
Mena, ea the 24th October last. There were two other
seaman on board, Salter and Einpicoill, the mate, whom
duties were on deck, and there was a fireman and a steward
as duty below. Os the 24th October the vessel alerted
from Southampton at • quarter before nine in the morning,
end had proceeded about five miles on it. way to Cowes
when an moldiest occurred off Fewlercreeir, which there
and then resulted in the death of Joha Fielder, a fisher •
man. The Lady of the Lake was a vessel of
no very inconsiderable tonnage, and Mere were
many ogees aad • large amount of luegage
or at the time, sod alai • great number of sheep, and
the afterdeck hangar people and?egaae on it ; the mass at
the wheel would therefore and it ' tto see what was
in front of the ship's course. la the =modiste frost of the
I wheel there was • raised building, an after-deck, and five
fest high ; when this was unencumbered with luggage the
mate could look over it, but when luggage was piled cia the
top of it he could not see at all, and had to depend upon
what directions he received from the captain, shading os
the bridge between the packUrboxes, and who was Mere
capable of commanding • full clear view in all dire:Mous,
and so steering the vessel, or he might be guided by
• look-out nom, who was so placed as to perceive
all obstacles that they might meet with. On the
morning in question, however, the proper precautions ap.
peered not to have been taken, the lookout sot being in his
proper position. When the vessel had gone about five miles
the captain had left the bridge and gone down the ladder to
the deck. The seaman Salter had been the " look-out "up
to that time, and could see sod be smile seem by the mate
at the wheel. Salter then went dowe to pt hie breakfain,
asking Wooledt to take his plan; but Wooloott a en.
pged io amerce the loos" end while so engaged be got
down also upon the deck. At this moment there was con-
sequently no captain os the bridge, and no look-out in the
proper place, so that the mate at the wheel had no one to
direct his movement. in steering the vessel, and to means
of knowing what obstacles there might be in it. course. The
prisoner Woolcott, instead of being in his proper place on
the port side, was sliewhete, and on the accident occurring
be ran to the mate erring out for him to " sterilised," but
it wee toe late, the peddle-box of the steamer had cut away
1 the stern of a fishing-boat, which went to pieces, and the
I poor men in it (the deceased) was left struggling in the
water. Some delay then occurred in the throwing out of
lifrbuoys, and the deceased went down and was drowned,
end hie body was not recovered until the 27th November,
when it was found by some coest-goialemse. The question
for the jury was, did the deceased come to his death by
the culpable negligence of the captain or that of the
look-out, or that of both combined? The extent of the
captain's duty was to coke are that the men was cos.
neatly at the wheel, and had nothing to obstruct his
view, so as to avert a collides. It wee right also that the
men at the wheel should be informed from time to time if
anything was in front of the vesseL The evidence would
show that this duty was not carried out. The afterdeck
was covered with Image, so that the mate could not see in
trout of the bows, and therefore it was the duty of the
eaptein, by being oe the bridge, to direct the man at the
wheel, and post a look-out to do so also. Neither of them
duties were performed on this morning, and the culpable
negligence of the two prisoners in not performing them was
the offence rendering them guilty of manslaughter, sup
pasha; the death of the decried was caused through that
negligence. Wooloott had been committed for trial be the
magistratesef ter the inquest on the body of deceased. Salter
having left his position, Wooloott did not take to his place,
and the captain wee at fault for not detecting the neglect of
Wootton. and therefore one or both were aaswerable for the
fatal result. _ _ _ _

Kipp=ll, the mate, deposed, that in order to avoid
the ■un beaming in his eyes he altered the course of the
vessel a quarter of a point without orders, sod this was
about three minutes before the modest. II be had
seen the signal of Wooloott after the bows of the
ship had passed the boat, he could have prevented the ac-
cident.

On the representation of Mr. Pouldsn, the judge directed
the have
of Woo/cott. as it was difficult to see how he
could have been coalman( him duty ; sod had the mate
attended to the signal made, the moult might have been pre.
mated.

Poolden argued the innocence of the captain also,
in whose absence from the deck the other party beam' co-
mpactible. The blame be attributed to the mate, is not
attending to the signals of Wooloatt, but talking to the pas-
"Tolott was called into the box, and deposed to
giving a signal to the mate, who was talking, and did sot
see him. There was time to cheap the conies if the mate
bad been looking towards him when be made the signal to
" poet"
Evidence was then called to prove that the captains of
these Meatuses generally left the responsibility to the mkt
in oommaad, after leaving a port and clearing the shipping.
The man at the wheel was then to obey the signals of the
look out.