The Express.
London, England, 1864-12-17 00:00:00

LAW INTELLIGENCE.

coura OF COMMON FL/MS.-Dir. 16.

IliMims st NW Prins in Loaclor•—(Befor• Load Chid
Junks &i. sad • Special Jury.)

=away r. BOTILSCIIILD—THZ FUMES YIIOM • GOLD
itaFINEIT.
The phuntiff in this cue, a widow woman, 65 yearn of age,
seed to mover damages upon the ground that her son had
meet his death through iohaliog fumes that came from the
chimney and root of Baron Rothschild's gold refinery in
Mega Mint-street.
Mr. Serjemit Perry and Mr. Graffiti' appeared for the
plaintiff ; and Mr. Bevil', Q.C., and Mr. Cohen for the de.
t.
The plaintiff's counsel said that the case was of a peculiar
aid remarkable character. The deceased was a man 30
pars of age, and he had earned, when in full work, 335.
• week. Ile supported the plaintiff, who lived with him. In
August, ISta, lie was in the service of Messrs. Otibitt, and
was employed to building a new chimney shaft at the de-
fendant's gold refinery, which shaft was to be considerably
higher than the old one, so as more effectually to carry off
the fumes which were generated in the works. The old
that was lOU feet high, and when the new one was ap-
proaching that height the deceased was one day on the top
at work. Sulphuric acid was used in separating the bane
assitale from the gold, and the fumes from the acid, in com-
bination with the metals, were discharged in a sulphurous
gat, which was exceedingly deliterious. These discharges oc-
cerred occasionally, and on the ':20.1 of August, the
day io question, the plaintiff inhaled a quantity
of
this leo, and went home pale and ill. From
that time forward he had a bad cough, and he was a patient
at the Kirriogilou Dispensary for about a month or more.
Afterwards symptoms of mental disease appeared, and in a
short time he had to be removed to Hanwell Lunatic Asy.
lira, where he died in about tee days. The learned counsel
said that down to the time when the deceased went to work on
the chimney he was to all appearance a strong, healthy man.
aad it was a fact that he had never had a day's illness. It
would not, however, be denied that although apparently in
perfect health, there were within him the latent seeds of a
pulmonary disease which the inhalation of this gas developed
late a state of malignant activity.
The Lord Chief Justice direek-d the jury that to entitle
the plaintiff to recover she toast show that her son bad
lost his life in consequence of some wrongful act for which
the def,wlaot was liable ; that was, that there had not
been that degree of care which ought to have been used in
dialing with a matter of this kind.
The jury found a verdict for the defendant.

COURT OF PROBATE AND DIVORCE.
DEC. IG.
(Before the Judge Ordinary.)
I !II r. CLIETWENIE—srEcEti. JCRT.

The Queen's advocate. Mr. Kerslake. Q.C., Mr. Serjeant
Hallantine. end Mr. Hannen for the petitioner ; Mr.
q.c., and Dr. Kenai:3, for the teapot:idiot.
This, w.ka the petition of Mee Blanche Cbetwynd fora dis-
solution of her marriage with Mr. William Henry
Chetwvnd a magistrate for the county of Staffottl,
en account of his cruelty and adultery. The respondent
traversed both charges. and pleaded that the petitioner Lad
tensioned the adultery if an'-1, had conduced to it he Ler
neglect aid miecoucluct, and bad herself been guilty of
,a Bolters-.
Mr. Kerslake. in opening the case, stated that the peti-
ti tree the eldest daughter of the lion. and Bey. Arthur
Ts dbot, and the respondent the second son of the late Sir
R, urge l'hetwynd, and brother of the present baronet. The
" Feuer* took place on the 15th of August, 1514. the pe
tau iner being then about lit years of age, and the respoudeut
ale, it 42. There had been two children : Florence, born
si le Path of !seemlier. and Arthur, born on the
21.4 of July, lese. The ponies cohabited at Longden Hall.
Dear Bugeley. with Lady Cbctivynd, who had a life interest
ea t an absolute property in the hall ; and it
oohs, led there, though with more than one tempo.
ahay eamtion,until the conduct of the respondent rendervd
is hewn eery for the petitioner to quit hie house altogether.
The des •oed gentleman entered into some detail with re-
spect to tie alleged charges, which, he said, were of a very
painful a cad extraordinary character, but which will be more
rhphaje, ,athered from the evidence.
All Has witnesses having been ordered out of court,
yr. J, es Gardiner—l am a solicitor at Itngeley. I
wan oted with both the parties before their marriage ;
I was empi "red to draw the settlements. and was present
at the wed, !in& which took place at St. George's, Hanover-
mum,. t he 15th of Angu-t,
(The conic 'cote was put in.)
bi„ elm eyed— lam the petitioner. I em now ‘2*.
"hes of ha,.. I lived five or vii months with my husband
Woo, ae,thit g unpleasant occurred between no. He was
about .2,-, tea, older than I. Ilia manner wee very coarse,
and being vee v yOnog I naturally felt it more keeuly
than I efterw, rda did. He used to call me " a
tete,' " and things of that kind. He did
not, however, tse that language so often at first. I
became pregnant in the March after my marriage. About
that time we had guests in the house, and I won late one
morning for break rest. That was quite unintentional on
any part, but he eau e up to fetch me, and afterreirds said -
" You - lay sow, kick you out of bed, and teach you
to be late stain." I fe said that in the presence of our
guests. Ile used the :raise kind of language during niv
second pregnancy. lie A fterwards did kick me out of bed.
I have base frequently to -..ked out of my room, and had to
sleep on the stairs. He would come home drink, fetch
use or both of the children down and pet them
into my bed ; and then when I came he would
me foul Lateen.% and bid me sleep elsewhere.
If I did go elsewhere he abused me, sod I had to sleep on
the stairs. or else call np the servants, and have another
bed made up for me. That often occurred when I bad
been tinier errands for him. I constantly did erraeds for
him. I sold horses for him. I showed them to people.
I took letters for him, and fetched people—services to
which I had never before been accustomed. He hes abstained
from !peeking to me fora month at a time. I have lad to
wait in the puny carriage for him at public-house door, till
12, 1, or ?o'cicrk in the morning ; and then I have had to
drive him home drunk. I have waited for him four or five
been at a time. I recollect coming home on one occasion
from riding. It wet in March or April, POil. He
objected to my riding. I had been invited to
dine at Beaudesert (toe seat of Lord Anglesey).
but my friends objected to my going. He told me, how-
ever, that he would turn me out en the streets, and I might
become a prostitute ; or else he would have me go with him
wherever be pleased, even if it was into a brothel. Know-
ing that I had to live with him. I premixed to do what he
wished end accompany him to Beendesert. He made me go
out with him that day boating. It was the Let, meeting of
the season, which is always a very grand day. I rode with
my brother, the Lords Paget, and other friends. The run
was a long nue, and we were very late. As I passed Beau-
desert I celled and told the tearquie, who wan good enough
to order iliauer to be delayed half so hour on my account.
I made all the baste I could, but my husband was exc -
'lively angry with me. He took up a whip and threatened
me with it, said then be kicked me down some stairs. Ile
ordered me to leave the house, but I went into my room.
Boon afterwards he came to me, and swore that be would he
obeeed. He then kicked me down the stairs a second
time, and drove me out of the house into the rain.
I went away to some (Heeds of ours named Wells. Previous
10 Oil., just before I was confined, I one day begged him to
excuse me from going down to dinner on account of the
elate of my health. Ile wed fearful language; am I
obliged to repeat it!
The Lemea's Advocate thought not ; there had been suffi-
cient evidente on that praat.

Witness—He has male me clean grates and do house
work, for be ,ent his servants away and filled his hone, with
eompativ. I resisted, but he was so violent that it was
more thou my life was worth to refuse. After the birth of
my second child he said he did not intend to have any more.
for be could not afford it. Londer..hiall belonged to him.
bat I never knew his income. He was in the habit of
getting up early in the morning and cleaning out the nice
He would then sit dowo to breakfast smelling dreadfully of
moor pie wash. When I have remonstrated with him, be
would say it was all my 4 retioement. In 1862 I was
ill, at Queen'iogiirdens, Barnsder. He used very coon..
Isaguage lone there, On the oth of June, 1463, when he
bad returned from Stafford, sod we had eat down totes, the
same of a servant, named Caroline, came up. I do not
recollect Low. lie dew into a great passion. Ife threw
the plate of meat a ho-h he was eating at me, and called me
•. a sly slaine reptile," and worse thing. than that.. Ile then
took op my daughter Florence, and toads her spit at me.
The child refused to do it, and he threatened her with
violence. Ile then picked up my little boy Arthur la the mine
way, atil ma'o Lim kick nic, and spell in my face w— -
In Anguat, 1861, the housekeeper, Mrs. Corns, bad com-
plained to mo of now. undue familiarity which there Liol
been between a perleurnisid named Ifaunah Emmerson aid
Mr. fiiietwved. I Lad bees to Stafford to fetch amen
money for Lim, and I cautioned him to be careful of this
girl. &mime she spoke wrongly of him in the house. Ile
called for Ernmerson, who denied it ; aid thee he sent for
Mrs. C do., s hoe...edited it. He then kuocked Mrs. Corns
down, and tineve tint his cup and then bis saucer at me, both
of which i art me. Then be knocked me down and kicked me.
I went to Mr.. Corns' room, and sat down by her. In &minute
after the ri.loodeet rime in, and dew at me. Mr.. Corns
tried to protect me. Ile knocked her down, and rolled over
tier. I picked him up, and in so doing tore his coat. Then
be dew at me, beat me with his fists, tore my gown, and
illus.- I i.e in venous other ways. A woman servant mine
in, cint between us. He then went away, but directly
sfterwards returned, took up a dirty door mat, and beat
both roe and Mns Corns with it. Finally, he took up the
gold I bed brought him, and threw it at the door, making
such a noise that at first I thought he had shot me. lie
then went away. Mrs. Corns and I did not know what to
remake of him. We thought he must be mad. On the
occasion on which ho called me "a slimy reptile"
I waited till I thought be was safe in bed, and then I went
to Mr. Knight, a clergyman at Lichfield, and sent for Mr.
Nicholson, who in my solicitor. I had to walk all the way
to Lichfield, which is about four miles. I went after ten at
sight. I did red go home again till Mr. Nicholson advised
me. I wrote a letter to the respondent, while I was away
from him. I left him on the •th of June, and returned ten
davit afterwards.

IA correepoodsoce between !Impolitic:Ger and her husband
was then pat in. The petitioner complained of the (ireful
husirnams which was used be the respondent is the presence
of her ehildren ; sod also of the unprovoked assault upon
her. The reep.mdent, in reply, spoke of some plot that Ins
had discovered between bey and her cook. This sbn denied,
sad defied him to prove her to be, as he " ad