The Express.
London, England, 1865-03-15 00:00:00


HOME OIRCIJIT.—Msweromi,!Ascii 14.
Tin soenninias to the nasty of Kist woe opened yenta.
day Monday sad this non* bon warn prossend to
bsohnes, the Lord Mid Bans prandial" es the %loll
.id., sad Mr. Bona Bnasirell is the aim cart. Tin
muse list coslaiss twenty ..td.., el which dye are to
be trisd by nada juries. The poi saissdar is heavy
instsstreily, bat than an very few swims darns ess•

illiald—(—Boitoret:the Lord Chid Baron and • COMMIS jury.)
AOTORD W. LORD RVITINOTOWLL
This was as arks brought by_ Elisabeth Arced swiss'
the Hoa. Felix Lbrel Tellenisahos cessZnall
kart as Lord Huatiegtower, to recover W., one I
ansuity, grated to bar by the ddsndaat, I. esseideration
of per onlatios.
The defeariet pleaded that the plaintiff was his wife, and
that she easequeetly bad no grouted of action Naar him.
He also plaided that she had brokee the Imo-edition upon
whisk the anasity was wanted to her, by roaring and
Mrs.
18711•4234. G. Desaa, QC., and Mr. Taylor were oouusel
her the ptaistid ; Mr. IL Chambers, Q.O., sad Hr. C.
Pollock were for the defeadant.
Upon the form of the pleadiaw it devolved neon the
sinned for the defendant to COMMIS°, sad establish the
pleas he had pot oe the Terri.
Mr. Omaha, Q.0., easequently fat addremed the
jury, He said that the owe he had to lay before them
was oar a very_ prelim sad siagalar character. The d.
Pedant, Lord Hatingtower, whose same wee probably
haws to mar of them, hod, whoa a very yam( men, be-
rme acquainted with the plaintiff, Miss Anford,
and there was ono doubt that they cohabited together for a
mat many years ea aria and wife, sad that this sort of
ustasey continued down to the year 1848, and at this time
there were throe Uldies. the remit of the °marks bw
twees the parties When the errata took plass the
defendant masted the deed open which the pear action
wan brought, sad by that instrument he °resented to pay
the lady 601. per amuck by four quarterly payments, and
the was to support sod dumb, the children. Om of the
earliness of the deed, however, was that the plaintiff
should not is asy way molest or annoy the defender or his
family ; and if she did as, thee the deed was to Demme
veld. For mos time the plaintiff appeared to base kept
the Gaudiness el the boa, aid upon the children—two of
whom wen girls—growias up, Load Heath:Wooer, with the
rasa of the plastid, removed them to a place
where they were to be 'dumbed, and be provided
for them ; but after some time he sent these obildres
bra, and required the plaintiff to support them, as
she wee Mad to do by the conditions of the hood. The
*krill, however, °Weeded to do so. After the separatios
between the parties, Lard Htudingtower married mother
lady by whole he hod three ebildreo. sad it was obvious,
therefore, that be would desire that this &weeniest he hed
made with the plaintiff should be carried out.
The Lord Chief Baron here interposed, and salted the
lased mussel what was menet by the plea that the plain-
tiff was the wife of the defendant
Mr. Chambers said the rise was a very peculiar ova, and
he would explain presently bow it came that such a plea
wn placed a SIM read, He west a to say that the
plaintiff had not kept the ordinal imposed by the deed,
of not molesting the tishadant, but she had dose so in a
verily of ways, bed partionarly by grog about and dear-
leg that she was Lsdy Hantiestrier. This was, of ears%
very annoying to Lord nostiagtewer, brie( regard to his
coeuieziou with mother lady ; arid it appeared to his legal
advisers that the only way to bring the matter to an fOIDO
was by putting this plea epee the record as an serer to
the present aria • and the plaiatiff heron bad been
sabpoesaid, with a view to see what she would venture to
Day upon bar oath epos the subject, and whether she would
dare to say that sies wan Loed Hantinthe gtower's wife. It was
true that a great man) years ago parties went to
land and lived there together, and a question am* upon a
former trial whether a legal marriage bad takes phial, or
sot, but it was made out that there was not.
The Lord Chief Biros said he mutt Dater that it se-
amed to him that the plea wan a revel one. Suppose the
plaintiff by her replication had said that she wee the &-
Madam's wife, and that the pleb was true, arid she mash
woolly atandosed the aren't (Laughter.)
Mr. Chambers said he was sot prepared to give say opt.
sloe as to what would be the effect of snob a this". At
preseet all he proposed to do was to call the wham to
whom he bid referred, and Dear what endear* she hid to
give upon the subject.
Mies Eli:rah Aden%% the plaintiff. a middlorged lady,
was then examined by err. Chamber. Is rawer to the
questions put to her by the lassoed couneel she said—I am
the phialsff in this saes. For a great many years I lived
with the defeatist, Lord Huettegtower,sed I remember
being
Scotland together,
him in Soothed in 1844. We did not go to
together, bat I paid the defendant there, and it
was the aderstadingbetween us that we were to become
rasa and wife. At that time he was knows as Lord Host-
Mitower, hat we west by the names of Mr. and Mrs. TM-
lemma which is his family name.We passed as mu and
wife, sail Iliad afterwards five children by the defendant.
Four of those chinas are now alive.
The Lord Chief Baron expressed his *pinks that upon
this rider» the pleb of the dreamt that the plaintiff was
his wife had bees established, according to the law of Soot-
Mr. rad.
Denman, to the wham—Were you the defendant's
wife ?
Witmer! really doe't Mow. (Larinhter.)
The Lord Chief Bera—It is a questa of law. If two
people live together as man and wife in Scotland. and re-
poser themselves to ha sock, and they have children, that
r quite sufficient, raiding to the Scotch law, to eatabliab
a marriage.
The learned Judge this asked the plaintiff whether at
the time she rendered herself the wife of the defendant.
She replied that she certainly did.
TheLeird Chief Baron thee again upraised his opinion that
the defendant's plea that the plaintiff wag his wife had been
established, and he suggested that it would to hotter for
the parties to some to some arrengement.
Mr. Chambers said that the oircuatares reflected with
the inquiry were so unpleasant ad peculiar, that be hardly
knew what coarse to advise, and perhaps it would be better
to take the opinion of the jury upon the question.
The Lord Chief Baron observed that it might lead to
something extremely l0000venisat if the jury should return
a verdict upraising their opinion that the plaintiff was the
wife of the defender. (A laugh.)
Mr. Denman said he believed if the truth was known,
Lord Huntingtower would be very glad to find that the
plaintiff was his real wife, in order that he might get rid of
some one else. (Renewed laughter.)
The Lord Chief Baron—It would be rather an lamas.
eat thing for a nobleman to be charged with bigamy.
Mr. Duman said that he was placed in such an awkward
patios that be hardly knew which was the best course to
adopt, and whether he ought, on behalf of his client, to
adapt the suggestion of his lordship that she wee the lewd
wife of the defendant, or endeavour to support the present
action by defeating that plea. As he was. however, counsel
for a lady who was placed is the peculiar position of the
plaintiff, perhaps the best course would be to lay all the
facts before the court, and if Lord Hnotiogtower were to be
called as a witness, he would be able, no doubt, to give the
court and jury important evidence opus the subject.
Mr. Chambers laid that he certainly did not intend to call
Lordillostingtower.
The Lord Chief Bars then inquired whether the deed
was declared to be void if the plaintiff annoyed or molested
the defendant.
Mr. Denman said that it did, and with regard to this
second plea be should show that there as not the slightest
foundation for it.
TIN plaintiff was then further examined, and, in answer
to questions put to her by Mr. Drina, she said that ebe
had never molested or annoyed the defendant in soy manner
except by bringing other senoras to recover the amount to
which she was entitled under the hood, which was always
is artoar.
Mr. Denman —I believe that upon all the occasions when
you have bees compelled to bring actions against the de-
fendant, he bas always pleaded this plea
of molestation ?
Wares—Yes.
Mr. Damao—Bat this is the first tire that he has
pleaded that you are his wife! (A laugh.)
Wars—Yee. Oa former °organ the defendant has
always paid the moor just before the trial came on.
Mr. Dumas thee said that if, as the car stood et pre-
seat, seat, hie lordship was
be
to role that there was
evidence of °overture, be should sot keep up
any fsrthrr
the matter
Tb. Lad. Chill Bares said he apprehended that by the
law of Seorand if two people lived together as men sad
wife sad bed shadow it was a legal marriage. Both these
Meta bad been distinctly proved in the poser caes, sod it
appeared to him, therefore, that the defamilaat's plea had
ban establishaL
Yr. Denman submitted that it was aseerrary in mesed.
we with the &shies la a late cam, that both parties
should go le fiestlead with the inteatioa of marrying.
The Lord Chid Sawa said if that were so, sae party
might obtain his shier by fraud.
ifr. Demme said that this was one of the (linkable, sew
mated with the &Mob law of marriage.
The plaintiff wee then farther examined, sad she said is
remembered the trial that took place a good many years age
between WNW mid Lard Hatiogtower, when the "moan