The Express.
London, England, 1862-12-13 00:00:00

WITT r. WITT LND

Mr. Hawkins, Q.C., and Mr. Keane appeared for the
petitioner ; Mr. Kerslake, Q.C., and Dr. Tristram for the
respondent ; the Queen's Advocate and Mr. Moll for the Co.eat.
nagisd was a petition for a divorce oe the ground of the
respondent's adultery, and the husband also claimed 1,000/.
as &neva The nispondenti both denied the aurae. and
Mm. Witt had also filed recriminatory plow of adultery and
cruelty against the petitioner.
Mr. Augustus W. Witt wee a music publisher, dancing
on his business in Repot-street, under the style hf I. I.
Ewer and Co. He married a Miss Henrietta Matilda Kamp
on the 7th of .7 , 1868, and they lived together at 82,
Morningtononed, Wald-road. The oomsposdnit,
Mr. Charles Klindwortb, who was elated to be a musk com-
poser and teacher of some reputation, wee an intimate friend
of the petitioner ; and he was charged with having abused
the opportunities which his aegaahateace gave him to seduce
the merman&
Miss Mary Ann Kamp, sister of the ellt_leadent,
frequently visited Mr. and Mrs. Witt. They appeared to
be happy and affectionate towards me& other. I ices-
amisKy met the eo•respeedeat Kli.dworth at their Muse.
He was on very friendly terms with the family, and he
ease omfatter'. Owes, about t)lirieterne. 1861, my Water
eared me it I wield selnd imam the rens whiki he was

there, alleging that he was going to copy some music. Mr.
Witt was not then at home. The co-respondent was alone
with her about two or three hours. I was asked to take the
child away with me lest he should interrupt, and I did so.
By Mr. Kenlake—My father is a German, and • usher
of the 6rnt of Stalls and Co. My mother is dead, and be
has married a second time. Mr. Witt and Mr. Klindwortb
are both Gammas. My sister WY nineteen when she
was married. My father was at that time ejitel
sod my step-mother managed the household
Mr. Witt had known my sister about a year
before be married her. At that time be wu
manager of a music business at 390, Oxford-street. My
father had a differenoe with him about money affairs soon
after the of my sister. Mr. Witt called at our
house in Wel •treet a week last Tuesday. I never maw
him there after the quarrel until after my sister had left
I understood that he objected to my sister coming to see us.
She visited us about once • month. She generally came
when Mr. Witt was at business. I remember the second
birthday of my Uses on the 7th of January,
1861. My younger sister and I both spent the
evening at Mr. Witt's. We took a knife, fork,
and from my father for the child. Mr. Witt ob.
jested to receive the present. I told him that if he would
not take it my sister would be hurt, and he then accepted
it. My sister's health was very delimit* for • long time
after bar suellsement.
_ _ _

By the 4iieenc lerveceitc —Soon after my sister was ima-
gined I remember seeing Mr. )3riickmann in her bedroom.
Mr. Witt and Mr. Klindworth were present. I cannot re-
member if they played cards on the bed. I have heard
that that is not unusual in Germany.
On re-examination the witness proved the handwriting of
23 letters written by the respondent, principally to her
husband. _ _ _

naralT Brown—l wee servant to Mr. Witt from Dee.,
1860, till Midsummer, 1862. Mrs. Witt was taken ill about
Christmas, 1861, and the next day Mr. Klindworth called.
By my mistress's directions I showed him into her bedroom.
He stayed with her an hour or an hour-and-a-half. The
next time he came I delivered to him a meeesge to the effect
that Mrs. Brucknann was in the drawing-room, and that he
was to go upstairs till she went away. I recollect my
mistreat going to Tunbridge Wells in the spring of 1861.
The day before she went she told me to prepare the top
spare room for Mr. Klindwortb. He spent the evening at
the house, but did not use the room. The next day my
master did not go to business, and my mistress told the
other servant to watch at the window for Mr. lUindwos
DO as to prevent him coming into the house. If he did come
she wu to ask him to the top room. In point of fact be
did not come. When my mistress went to Tunbridge Wells
she took the other servant, Ann, with her. When come
home she told me that Ann haa been telling Mrs. Cox dif-
ferent things about Mr. Klindworth and the house affairs
at borne ; that she bad beaten the baby, and bad threatened
to telegraph to Mr. Witt of Mr. Klindwortb being
there; and that lest she (Ann) should see Mr.
Witt when be came down, she bad sent her off.
After then Mr. Kliodworth came three or four times a
week, and he would stay with my mistress three or four
hours at a time. He did not, however, wait till Mr. Witt
came home. Sometimes they went out together. Mies
Cox came back with my mistress from Tunbridge Wells, and
she stayed with us about six weeks. Once Dr. Oliver
called while Mr. Klindworth was with her; and the co-
respondent immediately went through the dining-room, so
as not to meet the doctor. The same kind of thing hap-
pened also on another occasion. In May, 1861, M. Witt,
Miss Church, Miss Karop, myself, and the man
servant George, went on a pic-nic to Hampstead.
heath. Mrs. Witt proposed to leave the provisions and the
extra clothing which we had taken with a waiter at Jack
Straw's Carrie. I asked if ahe thought they would be oafs,
and she replied, "Oh yes, the man how' me quite well
from going there so often with Mr. Klindworth." (The
witness gave a great number of similar details tending to
show the extraordinary intimacy which had existed between
;the respondents, and the clandestine manner in which their
intimacy had been carried on.) So far as I observed my
master and mistress lived very comfortably together. They
seemed very affectionate to one another till the time my
mistress went away. Mr. Klindworth never came to the house
after that,
By Mr. Karslake—ln August my mistress went to
Ba..ianl Castle without my master's knowledge. He went
after her and fetched her back. They were on affectionate
terms after their return, but my mistress left borne soon
after for good. Never saw them quarrel. The domestic
drain which the servant Ann bad been talking about
were the bills that were owing. Never heard Mn. Witt
Sall bee husband of the difficulties she bad in managing
the London people ; but she was in debt to them ,` un-
beknown" to Mr. Witt. When she came back from lTun-
bridge Wells, Miss Cox slept with her. Do not remember
whether my master ever slept with her at all before she
went to Barnard Castle. . .

At the conclusion of this witness's evidence the court ad.
journed.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—LivERrooL, DEc. 12.
(Before Mr. Comminioner Gurney.)
cantos or WILFULLY DZSTBOYING t L.BBELS AT 81A.

George Buxton was indicted on a charge of conspiring to
destroy a vessel called the Roscoe, of which he was the
owner, in order to obtain the insurances from the under-
writera

The case has excited great interest, not only in Liver-
pool, but throughout the country, and the court was
crowded from an early hour.
Mr. Brett, Q.C., with Mr. Potter and Mr. M'Culloch,
appeared for the prosecution; and Mr. Overend, Q.C., with
Mr. lleighton, for the defence.
In opening the case, Mr. Brett said that the prisoner, who
up to the time of the present charge being preferred had
been a prosperous merchant and shipowner in Liverpool,
was charged with having counselled and directed the captain
of the Roscoe (Jamieson) to set that ship on fire, for the
purpose of defrauding the underwriters, and the jury must
at once see that if such a crime could be committed with
impunity by a person in the prisoner's rank in life, • very
heavy blow would be inflicted upon the commercial and mari-
time prosperity of the country, because no individual credit
was sufficient to stand the serious loss of a ship, and it was
oolyby the system of underwriting and a division of risks that
the great commercial transactions of this town and country
could be carried on. Mr. Brett then proceeded to show
that the prisoner had insured the Roscoe for an amount
greatly beyond the value of the ship, and that be was there.
fore in the very dangerous position of its being greatly to
his pecuniary advantage that she should be lost. In
January, 1857, she was Mewed at Glasgow for 1,5001.,
which amount was paid over to the Western Bank of Scot-
land, to the order of the prisoner, after the loss of the
vessel. In the same month she was also insured
in London, at Lloyd's, for 5001., and this sum
(less some amounts due on other premiums) was
paid over after the loss to Ruston. In A ril, 1866, Ruxtoe
became • member of the London Marine Insurances Club, in
which the Rapooe was insured for 6001.,and the policy, being
one of time, was renewed in 1857. This money had also
been paid over. In May, 1856, Buxton also obtained • time
policy on the freight in the London Trade Outfit Maumee
Company for 3001., std further insurances in the same
offi‘os were made subsequently for 6001. and 3001. ow the
vessel and freight respectively. In January, 1857, an
insurance was made in the London Maritime
Insurance Club for 8001. There was also an
insurance of 250/. upon some goods and stores alleged to
be on board, and at the time the vessel sailed she was
by these and other policies insured altogether for about
6,5501., including the insurances on freight, though her
actual value, as would be proved by witnesses, was not
more than 1,8001., and the freight worth to Mr. Buxton
not more than 5001. The ship was said to sail with coals
for Smyrna, theme in ballast to Quebec, sad home to
Liverpool, but it would ,be shown that she was sot pre-
pared either in stores or in the condition of the ship for so
long • voyage. She was an old ship—too old
in fact to be classed at Lloyd's. She was
"hogged" (keel bent), and her real value was not more than
1,50 W. It would be shown that • quantity of biscuit, and
a chronometer which were insured in the 250/. policy were
not actually on board, and that before the vessel left the
Mersey • new spar. had been sent on shore by order of
Buxton, who maxi ` it was no use losing it." The vessel
sailed in January, 1857, and on the 3rd March following,
when about 15 miles off Smyrna, was destroyed by fire.
Next coming to the witnesses who would support the
Mr. Brett explained that Jamieson, the prin.
(c7A4 witness, had been induced to come forward
by the offer of 2001. reward and a free pardon
(issued by the llomeoffice) to any person who
would give decisive information as to the wilful destruction
of ships. A few days after the publication of these notices
Ruston received a note from Jammer, stating that be most
have a "settlement," else their joint villsny," of which
Ruston had reaped all the reward, would be exposed. The
result of this and other correspondence was that Jamieson
was taken into custody on • charge of defamation of cha-
racter; but he was tried end acquitted, sod Ruxtou himself
was subsequently arrested upon the charges which
Jamieson brought spinet him. Jemieson's story was
that before the vessel sailed Buxton suggested to
him the plan. of destroying her, told him that she
was heavily insured, and that there were brandy and
other combustibles on board to set her on fire. There was
• conversation also on the subject between the captain and
Ruston when the vessel was sailing down the Channel, in
which Ruston said that Jamieson was to "knock her
brains out," i.e., run her on • rook, or set her oe firs. When
Roston was leaving the ship at the Bell Buoy, he again
spoke to Jamieson in the same terms. The conversation
between Jamieson and Ruston had been re ahead by
Llewellyn James, the mate (who would also be •
witness). Raving arrived at the entrance to Smyrna
Bay, Jamieson would Mate that he went down
from his cabin into the sail-room, and having
thrown some turpentine upon the sails, placed them near
some brandy and then set fire to them, and returned by a
private passage to his own cabin, The vessel soon began to
burn, and, though attempts were made to put oat the fire,
it communicated with the coals, sod the vessel was aban-
doned ; the captain sad crow who bad takes to their boats)
being picked up, and mrrisd to Smyrna. At Smyrna the
crew is was wan is sash rams) nods • "protest" relative
I to the fire on board the ship sail bar absadastaioat,
mad ia this bosun be (Yr. Breit) was bosun to my
there
was • said sheet her lianas bola bstsalker
ply sot as first would be therefore for the jary—look-
lag at all the fans et the ease—to give whatever credit
was la tar spike dna to tie statesmen' sosnalard
fa ass pan& aid those which valid be ardor by the

vitamins at the present trial. In conclumion. Mr. Brett
pointed out that the intention to destroy the ship which had
been formed would be further corroborated by a Mr.
Bickley (a perfectly unbiassed witness), who was a creditor
of Buxton's, and to whom the prisoner had mentioned that
he expected to hear of the Ices of a ship, and that he would
then pay Mr. Bickley's claim.
The following evidence wee then called :
Mr. Bell, of Liverpool, and Mr. Symington, of Glasgow,
proved insuranees on the Bosom, in Glasgow, to the extent
of 1,5001., and the illllll/4008 in London, for 5001., was
proved by Mr. Crawford.
Robert Fox, late clerk to the prisoner, proved that the
instructions given to the imnrance brokers were in the pri-
soner's handwriting.
The other inaurenoes on the vessel having also been
proved,
John Bachelor,shipwright, stated that the Roscoe wee
repaired at his ard in August, 1856, and that 1601. we.
paid by the owner ; but even then the maid was not sea-
worthy, and he would have been surprised to hear of her
having returned safely from a foreign voyage.
Another shipwright, Joseph Morrell, described certain
repair, which he had also made on the ship to diaguim her
being ' hogged," but in cross-examination he admitted that
the repairs made were very considerable, and oat several
hundred pounds old and weak woodwork having been sub-
stituted by iron and new wood.
Percival Tongs, marine surveyor, stated that such vessels
Ili the &mope were worth from 31. to 31. 10s. per ton ; but
that there were defects about the Roscoe which made her
intiinaio value lass than this.

--Evidence---was then adduced as to the supply of
brandy sad other spirits to the Roscoe, and • comiderable
discrepancy appeared between the amount stated on the
prisoner's papers and that stated in the spirit merchant's
ledger.
Mr. Taylor, of Liverpool, described the selling of • new
spar to the prisoner for the Ramos ; and the sale of the spar
by Ruston to soother person was also proved.
Thomas Jamieson (late captain of the B.cecce) then
described the various interviews with Ruston, particularly
the last (on board the ship), in which Ruston gave iostrua
Vona to knock the ship's brains out or set her on fire.
Buxton mid that he intended to get invoices for double
the amount of the spirits actually on board. Ruxton's
parting instructions at the Bell Buoy were, " Now you have
got sll right, see that you do it well, and don't be long
away." Witness then went on to detail how he poured
turpentine on the sails and set fire to them. The ship
was set on fire when about 17 or 18 miles from
fimrsa, and four miles from the neerest land. The deed
was performed about midnight, the sails being set on fire
with a cardle after they had been smked with turpentine.
The coals which formed the cargo were not separated frees
the sails by any partition. About half an hour afterwards
an alarm of fire was raised, and though the efforts to ex-
tingaish it appeared for a time successful, the coals became
ignited and the carpenter was directed to scuttle the ship.
This, however, could not be done, and about 11 cm. the
officers and crew left the vessel in the bats. and were
picked up and taken to Smyrna. Here the "protest" as to
the loss of the ship was made in the usual form.
In aoesexamio•tioa by Mr. Overend the witness
said that the vessel was purchased, with his consent, for
2,1701., and that his interest in her was mortgaged. The
repairs to the vessel at various times had not exceeded 4001.
The place where the spirits were placed on board the Ramat
was the ordinary piece where such things were stored. When
the spirits were shipped witness made a statement, to the
effect that the value was the lame as the primmer had gated
it to be. Before the vessel sailed, Ruston told him the ves-
sel was insured for 6,000/. and upwards. The prisoner Idt
it to him (witness) to determine the exact time to destroy
the vasel. When witness went down to set fire to
the sails he knew that be was going to com-
mit • felony. The protest made at Smyrna attributed
the lose of the ship to accident. On the witness's return to
England he went out as captain of another ship belonging
to the prisoner, which ship he lost, not by design, but by
sheer accident. A dispute and an action for wages claimed
by the witness were the results of this loes. Up to the time
of the reward of 2001. being offered witness had not mentioned
the wilful destruction of the Roscoe to any one, nor had
be stated that when the vessel bad been at sea 13 or 14
days he had seen smoke issue from the hold and been much
alarmed at it.
The case was proceeding when our pared left.