The Express.
London, England, 1864-12-22 00:00:00

BARNET[ r. xurr.T11110,0.1240 DOWN ♦ HOWL

This yea an action to recover damage' iu consequence of
the plaintiff's horse having been seised by the rein and
thrown down.
_

Mr. Rahman and Mr. Patchett appeared for the plain-
tiff: and Mr. fluddleatoo, Q.C., and Mr. Grifste for the
defendant.

The plaintiff was n communion merchant, in business in
Thamnureet, and residing at Buckburnhill ; and the
defendant was a clerk to a stockbroker, and lived at Stoke
Newingtoo. Between 6 and 7 on the evening of the 23rd
September last the plaintiff was driving to his maiden°e and
passing along the Bow-road ; and the defendant was riding
the same way in a gig with his friend Mr. Dein., who lived
at Tottenham. The plaintiff's case was, that ►t one point of
the road there was not room for Mr. thanes to pass the
plaintiff, and he seemed annoyed ; bat the plaintiff pulled
on on aide u soon as he bad passed the bridge over the
high level sewer, and Mr. Daises went by. Mr. Won was
200 yards ahead, at the Stratford gate, and the defendant
got out, and when the plaintiff came up at nine or ten miles
an hour, the defendant seised the head of the plaintiff's
horse, threw it down on is. sole. and the plaintiff went out.
The plaintiff was • good deal shaken ; the hind hock of the
horse was cut, and one of its fore legs swelled very much.
The hone was very near right now, butstill it did not like going
into hareems sines the fall, and it was not so safe a horse
se it was before. The-plaintiff in his evidence stated that
Mr. Daises knew ►im very well ; and he denied by antici-
pation meet of the circumstances which constituted the
defence.
The case for the defendant was, that the plaintiff annoyed
them on the road by calling oat two or three times. He
also drove against their vehicle and somewhat damaged it,
and this led to the defendant stopping him at the gate.
The defendant stood at the gate and threw up his hands as
a signal to the plaintiff to stop, but no attention was paid
to this, and the defendant could do nothing else but seise
the rein to prevent himself hong drives over. The horse
fell and the defendant fall with it, but both quickly got up.
The plaintiff cam* with the whip in his ►eed, sad ming
some bad language. thrishesd to brook detsedwars pact

The defendant said he would not let go of the horse mitt
M had the plaintiff's nuns. Mr. Dailies asked the turnpike•
nab, who gave the plaintiff's name, and the plaintiff then
demanded the defendant's name. Mr. Daines denied in his
'victime that he h►d any previous acquaintance with the
plaintiff.
The jury found a verdict for the defendant.

COURT OF PROBATE AND DIVORCE.
Dia. 21.
(Before the Judge Ordinary.)
CHZ7WYND O. CHITIRND.—PART HURD.

After our report left yesterday,
Mr. Hawkins read Inters from the petitioner to Mr.
Hayes, a horse-dealer, complaining that she was "hard
up," and begged him to lend her money at 10 per cent..
offering him the security of the Earl of Shrewsbury and of
her brother, Captain Talbot. She had dated that her deal-
ings in hones were only on her husband's amount ; but it
would be shown that she had entered into these transac-
tions without his knowledge and auction. He (Mr. Hawkins)
did not put forward Mr. Chetwynd as a gentleman of
particularly mild manners or of the most refined language ;
but Mrs. Chetwynd knew perfectly well what he was when
he married her, and when be thus saved her from disgrace.
Whatever the faults of Mr. Chetwynd might have been,
they had certainly not been confined to him. Mrs. Chet.
wyod admitted that her own were fully as great, and the
learned gentleman reed some letters of the petitioner in
proof of this averment. She had told the jury that a letter
which had beep read referred only to the visits of her rela-
tives ; but its terms clearly referred to her debts, which
now amounted to 2,0001., whereas her husband's income was
only 1.2001. a year. In this letter she called him "Dear
old Billy." She bad previously called him Henry, but in
her diary she stated that she had given that up because Mr.
Matthews' name was also Henry. She signed this letter
" Barney," and the learned gentleman suggested that
" Blarney " would have been more appropriate. (Laughter.)
The learned gentleman next referred to Mrs. Chetwynd's
change of religion, which bad naturally caused her husband
much pain, and had given rise to much irritation on her
part. The jury bad been told by the petitioner that she had
never left her home without her husband's sanction,
whereas in the letter in which she announced that she had
joined the Roman church she admitted that she had
left Longdan for that pumas without his knowledge.
Finally, the learned counsel contended that there was
not the slightest evidence to show that the petitioner
had been driven from her home by the violence of her hus-
band. As to the adultery, he (Mr. Hawkins) could not pro-
, dace any counter evidence, the law not permitting him to
examine Mr. Chetwynd himself. But be submitted to the
jury that the demeanour of the witnesses in the box had
not been such as to entitle them to implicit belief. With
regard to the recriminatory charges which the respondent
made against the petitioner, the learned counsel read a note
which had been sent to the petitioner by Mr. Henry
Matthews, of the Oxford circuit, asking, "Are you at
home again, 0 most silent of ladies ; if so, cen I see you by
going to Bugeley. or Lichfield, or any other part of the
habitable globe," That letter the respondent had sent back
to the writer, with an intimation that if ever he found him
about his place again he would
"Pay him about the eves and limbs,
As Paul did the Ephesians."

(Laughter.) H. (Mr. Hawkins) was informed that these
lines were from • ballad well known in Stafford-
shire by the name of "The Wedresbury Cock." Mr.
Matthews had lent the petitioner two books,
ODD religious, and the other quite the reverse.
(A laugh.) The letter was " Macon Lescaut," • French story
of illicit love, from which one or two passages might perhaps
be read for the purpose of showing the character of the
work. The petitioner had carefully removed her oorrospon-
deoce when she went away, but she had left behind her two
volumes of a diary entitled " Book of Private Thoughts,"
from which he would now read some extracts. The learned
counsel then proceeded to make copious quotations from
this diary, of which the following may serve as specimens.
The first volume began in June, 1861, with some critical re-
marks on George Sands' • Lelia." " A strange book," it
said, "eloquent and most expressive of human heart and
nature ; too elevated and too true in its less refined truths
to suit many ; but it suite me, and admirably, Bowleg!y
paints many of my own feelings upon the wretched state of
social evils and lawn—laws so vile and poor that even their
highest aims and ideas cause sin in each being, and in
the very attempt to quench it they render vice doubly
baneful and inhuman. Our mode, too, of correcting vies,
with but few exceptions engenders it where only sin existed.
It paints too my own heart as regards my wretched self.
Is it impossible to love purely and be pure? Surely nay.
Such • thought only belongs to heathens. The cold, un-
romantic, impure-minded world, say it is • bed book. It
does, no doubt, speak plainly of thou associations in life
better hidden from light; but on the other hand, how
grand are some of the higher ideas ; and certainly the book
is to me one of good effect. . . Ye demons of doubt,
Away, away, to three regions where your exulting laugh can
ring through your vaulted sulphurous world, and leave me.
Mork me not—scoff no longer ; and yet io me to love is sin.
Holy Virgin look down and intercede for my troubled
soul. illuench these earthly, unhallowed thoughts. . .
My husband, with all thy faults they are trifles compared
with mine. Do I wrong thee? Dread is the struggle, yet
cost what it may I will atone and try to love thee."
" May Zird.—How comes it that my life, my thoughts, and
actions are all $3 woefully irregular? . . . 11. M. How
little do you know what • revolution you have caused in
my life, and how dreamily I walk thinking of thee? To
love thee so silently, so powerfully as I do, is not bliss. I
was a fool ever to tell thee. and yet perhaps often would
you have half killed me with unjust judgment for my
strange ways, I love—and to love is sin is me more
powerful than my will. It will not be stiffed, and so it must
needs be sanctified ; and what • task I have before me!
Am I equal to it? I ask myself. By God's help alone,
' Yes, quite,'—witbout it, ' No, no.'" "June long
to feel free se ever, and long to soap my fingers and say I
never had a heart to go on. We parted angrily,
and I was so grieved, so vexed. . . . H. M.
and I regained our calmness, and I saw him alone.
Tortured myself and him too, and came away
loving that mind, face, and form still more dearly.
Richmond ! Ab, what dole Dot that name convey to my
mind? Happy hours and the most miserable hours I ever
spent in my whole existence. I dare not refer to them,
and truly the lest scene is so humiliating and so degrading
to me that I will not. God forgive me I believe
I am pessessad with Monday, 30th.—
I quite forgot to gay, for my own pleasure in
days to come, that Spot, my own beloved Spot
[her dog] was so pleased to see me that he very nearly went
crazy, and devoured me with kisses, and aftnwards with
flea. (Laughter.) Somebody often says he wishes he was
Spot; which meow, I suppose, to be as purely loved, and to
be able to be as good to are. . . . It is odd that I have
four special pets is the world—Hugo, Spot, Swab. and
Charles [a groom]. Theo comes another division. H. IL
quite by himself—no pet but an idol, too solemn, too true
Ito be • pet. Then Jessie by herself, quite. My husband,
perhaps, first of all, and so different to all the rela—
te) gratefully different My children, like two
beings, two stars that I look at from afar and
wonder at, now and then taking • more compre-
bemire and satisfactory glance at them. And then coots
such as . . . ; and lastly the flocking multitude of
q.C.'s, de." (Laughter.) "Tuesday.—l feel today so
strangely about H. It., as if he would never meet me again
as he has hitherto done. It is a sad temptation always to
ask him to take me to his heart and then cast IDS away, if
so it must be. . . . Many of our interviews I have so
deeply engraved on my heart that to put them down here,
sacred as my book is, seems havoc. Those burning
moments, when that form has been so near me ; those lips,
full of passim), pressed to mine ; and yet all has ended
purely, recd I bless him arid thank Providence that my real
true self has
"July 4.—Dear old Billy, so good to me now ; and what •
horrid wife lam to him! How patiently I ought to bear
everything from him ; and yet why ? Don't all men often
live yet with their wives? I don't know, and 'tia no use
wondering." Mr. Hawkins briefly stated the oral evidence
which would be given to support this allegation of adultery
with Mr. Matthews, and also to prove another charge of
adultery with • Mr. Nichols, who was described as a divi-
nity student.
The court then roes.

COURT OF BANKRUPTCY—Dso. 21.
(Before Mr. Registrar Murray.)
111 ILE A. li. IL ISMITH.-111A MUSD MEAT=

The bankrupt was described .a a licensed victualler, of
Vinegar-yard, Drury-lane, sod wine•merchant, of Mildred's-
court, also acting as manager of the Strand Theatre, under
the name of A. Svranbotough. The adjudication was ou the
bankrupt's own petition. His debts are stated at 3,600 f.
The trustees of Drury-lane Theatre are creditors for 3004
This was the first sitting. Several proofs of debt were
made, and Mr. O'Beree. shipbuilder, of King William-
street, sod Mr. B. W. Amos, diantood-merclinut, of Ta.
vistocg-street, Co►eot•gardss, were chosen trade assignees.