The Express.
London, England, 1853-07-02 00:00:00

THE EXPRESS. SATURDAY EVENING. JULY 2, M.

Eatu faittlitgence.
HOUSE OF I,oltl)S.—YE,,rEnatv.

tA:: .;:V. ACP..

Tr t colsc %lite': 55 .5 ttt 7. 'l3l re-ulna,
31111 atte nutlitittottl 5 s d. t.,! ttttolt.o.etl.
Mr. Evans produee.l letters which he stat,..l he receivi d
from his daughter alter she left ..is house on the 2nd or
Antrust.
[The letters were not read puKiely but handed up to the
noble lords, who read them in private.]
Witness di 1 dot know t I hi. ewn knowledge that Mrs.
ltushbrooke had written to her husband as she stated e..e
intended to do in one of her letters.
Mr. Stewart, solicitor, in charge of the bill, was solicitor 1
M the plaintiff in the action against Captain Broke, at the
writ of inquiry, couriel appeared for the defence, end the
lady's father, was c to show that Major Itushhrooke
was in the habit .1 drinking, was unkind to his wife, and
that they lived unhappily. There was no evidence of vio-
lence. It was alleged that Major Rushbrooke kept com-
pany with persons of lower rank than himself, and
in eross-examination it was tried to be *hewn that he asso-
ciated with cock-fighters, and it was shoran that an
old man, who was a Co4;:c fighter, whom he had known in h:s
youth, was for some time staying, and died at Rushbrooke
Hall, but it wai disproved on re•examination that Major
Rushhrooke associated or dined with that person. Very
little came out with regard to differences and disagreements,
only such as one of the witnee,,s called tt tiffs," and that on
roe atheist occasions Mrs. Rushbrooke cried. It apyearcd
to be a bona tide deli see on the writ of inquiry, and th,
wax no reason to scppose that there was any collusion be-
tween the parties. Some attempt was made by the leading
counsel to make an arrangement about damages, but witness
declined, and urged that the case should go on, 113 he pre-
ferred anything coming out about Major liushbrooke's
habits to there being any appearance of a want of bona tides.
The witness then described the proceedings which had been
taken by application to Cap'. Broke's solicitor for damages,
and which he stated would be enforced upon Capt. Broke's
return to England. Ile had never applied to Capt. Broke
himself. It was the custom to apply to the opposite solicitor
for damages, or else to issue execution. If he had been
aware of any. property Captain Broke possessed execution
would have issued.
Sarah Ann Pannell stated that in 1849 she was lady's
maid to Mrs. Crosby, a sister of Mrs. Itushbrooke.
accompanied Mrs. Crosby. on a visit to Rushbrooke Hall t
November, 1848, she noticed nothing particular in rhsquara•
nee tii which Major and Mr. Rushbrooke were living. Knew
Capt. Brooke. Witness went to Marseilles. On Friday,
Bth March, went to the hotel. When she got there she
asked for Mrs. Rushbrooke's maid. Was shown into a
sitting-room. Capt. Broke was iu the same room with
Mrs. Rushbrooke. Witness remained 3 or 4 flours there.
Dinner was being laid when witness left. Saw Captain
Broke and Mrs. Rushbrooke again in the creasing between
7 and 8. Stayed at Marseilles from Friday to Monday,
and was frequently in the apartments, which consisted of a
sitting, bed, and dressing room. She took Mrs. Rush-
brooke in a cup of tea in bed on the Saturday morning.
Capt. Broke anti Mrs. Rushbrooke were in bed together.
Had seen Major and Mrs. Rushbrooke when they were
living together ; they teemed to live happily. Mrs. Rush-
brooke made no complaint. She made uo complaint of
Major Rushbrooke when witness was at Marseilles. had
seen Capt. Broke and Mrs. Rushbrooke together at Rush-
brooke Hall. They were always very friendly: He paid
her no more attention than any gentleman might pay to
another man's wife. Never saw them riding to-
gether without some friend. Never knew Major Rush-
brooks to come home late, but witness used to go to bed
at 10 o'clock, and was not likely to know what time any one

MIN in.
James Sturgeon said he was managing a farm for his father,
who was tenant of Major Rushbrooke. Knew Mrs. Rush-
brooke very well. He went in company with the last wit-
ness and others to Marseilles, in March last ; went to tho
Hotel Bourbon. Knew Captain Brooke for two years
before that time. Saw Captain Brooke and Mrs. Rush-
brook. there, and identified them to Mr. Nisbett. Mrs.
Rushbrooke inquired after persons in the perish, and gave
witness W. for the poor. Saw her again on the Sunday—
it was then she gave him the 61. Saw her again on the
Monday. She did not mention the name of Major Rush. ,
brooks in any of the conversations witness bad with her.
Did not know that Major Rushbrooke was
in the habit of being out late. May have seen
him out late once or twice. Remembered his
stopping late one evening at witness's father's. He was not
in the habit of doing so. He had some refreshment, but
did not drink to excess. He left between twelve or one
o'clock. Did see him late one night at an inn after a
steeple chase.
Mr. Nisbett produced the formal evidence of the trial for
damages.
Mr. ETII., recalled, said that with regard to the mode in
which Major Rushbrooke treated his wife, he never saw
anything more than rudeness on his part. The treatment
she complained of, and which she called brutal," did not
take place in witness's presence. The conduct which in-
dwell witness not exactly to exclude him from his house on
the ceeseion of Mrs. Rushbrooke'e last visit, but not to
MIA him an invitation, was that be left witness's house
when be was on a visit previously, and associated with per-
use hi the neighbourhood far below the rank of those with
whom be ought to have associated. He used to go out after
bushiest to fish, and not return until one, two, or three in
the seeming. That happened four or five times on the last
esarks when he was staying with witness for about eight
or tem &Ts. lie dined at witness's table two or three
times donug that visit. Withal never saw any violent
conduct of Major Rushbrooke towards his daughter. Wit-
ness went with hie daughter to the station when she left
his house. Captain Broke left on the Saturday, and on
the Monday witness saw her and her maid into the rail-
way carriage, on her way to London. She had no un-
usual quantity of luggage, and there was nothing to ex-
cite witness's suspicion, or he would have taken eters to
prevent her leaving. Witness did not communicate with
Major Rushbrooke after he heard frees his daughter, nor
had Major Rushbrooke communicated with him.

This being the whole of the evidence,
Lord St. Lemards enggested to the counsel for the pe-
titioner, that at that moment there was no evidence to
show that Major Rushbrooke took any step to see what
bad become of his wife after he must have known that
she had left her father's.
Mr. Slade said the step taken was to inquire of Capt.
Broke's solicitor where he was to be found.
Lard St. Leopards—That was all weeks afterwards.
Mr. Stewart eakl thinks had 'Tames to show that Mrs.
Rushbrooke, Inky punted lis to ta and independent
property, war i• the habit of London without
her husband red tads( lodgulgs, remaining there for
sine time, end es that masks Meier Rumhbrooke thought
that we the rum of hoe elseenee. Witness bad heard
that from Mijer Sushkeinhe—he did not know it of his
own know
--Lord Zarisewegiks—Tou must pme that. We want to
know what steps Me* _ltnabbrooke took after his letter to
his wife bad been sterned to him re-directed by her father,
which gave him natio that she was no longer at her
father's, and whoa each steps were taken.
The Lord Chanallor—When did he fist communicate
with you on the subject ?
Mr. Stewart—The first communication on the subject
which Major Rushbrooke received was a letter from Capt.
Brooke in the nature of a challenge, offering to give him
satisfaction, or if he did not choose that,' refernng him
to his solicitor. Major Rushbrooke communicated with me
on receiving that letter, which wee about a fortnight after
the disappearance of Mrs. Rushbrooke.
It was then arranged that inquiries should be made on
this point, and the ease was adjoereed sine ate.