The Express.
London, England, 1853-05-03 00:00:00

HARWICH.

Mr. Elmslie was the firrat witness called yesterday
and examined by Mr. Serjeant Kinglake. He said-1 am a
solicitor, carrying on business in Moorgate-street, City. For
some time 1 have acted as the professional adviser of Mr.
Attwood. Witness acted for Mr. Prinsep in 1841, and for
Mr. Attwood as well. I went there as the adviser of Mr.
Attwood, and remained there during the election. At the
lest general election Mr. Attwood wu a candidate for Har-
wich ;at one time he published an address, and coir.r„aied a
candidate up till about ten days before 'le election. Wit-
ness had an interview with Mr. a;loyd with reference to the
Harwich el,cil , prior to the last general election.
on
A discussion ensued between Mr. Serjeant Kinglake and
Mr. James as to how far Mr. Elmalie, in consideration of
professional confidence, was bound to divulge the conver-
sation at the interview between him and Mr. Lloyd.
The committee decided that the principle of privilege did
not apply as to what took plum between Mr. Lloyd and Mr.

Witneis continued—ln my interview with Mr. Lloyd, I
mentioned that there were certain expenses with reference
to the unseating Mr. Cranford which were considered ex-
penses which ought to be borne by any. party who came
forward for Harwich on the conservative interest. I think
_ .

I stated to Mr. Lloyd that possibly those expenses would
amount to 2,0001. Mr. Lloyd said he would see his friend
on that subject. Ido not exactly know whether I under-
stood him to mean Mr. Peacocke when he said he would sea
his friend. I saw Mr. Lloyd again a day or two afterwards,
who told me he thought 1,6301. was u much as the expense
ought to be, and that he would certainly not take into con-
sideration any more than that sum. There the matter was
left for a day or two. I saw Mr. Lloyd again, when I told
him that the expense might possibly not exceed 1,500/., and
that I thought such • sum would be sufficient. I was
given to understand, however, by Mr. Lloyd that
Mr. Peacocke would not make any promise or
pledge on the subject of expense, but that 500/.
might be paid in the event of his being returnedj
and 2,090/. only in the event of his retaining hie seat.
The arrangement, u I understood, was that if elected Mr.
Peacocke would pay 5001., and if he was not unseated he
wee to pay 1,5001. more. I went to see Mr. Peacocks in
Hing-street, St. James's, before he went to Harwich.
Mr. Attwood bad then withdrawn from the contest. I
asked Mr. Peacocks if he would have any objection to
my seeing his address. He sail he had not, and he
showed it to me. I read it. I then mentioned the

names of certain persona at Huwich who I thought
would be of use to him. I might have men-
tiuned the name of Mr. Alfred Haste as a person with
whom Mr. Peace eke might put himself in communication.
I did not nt,ution the name of Mr. Patrick Daniel to him.
Mr. Peacock has not paid me any money, nor has any one
else en his behalf. I believe an application has been made
to Mr. Loyd for SOO/. I think that application wu made
by my brother, with my sanction. There was no answer.
I mean Ido nut know what the answer was. It might
possibly have been " vere well." I have never spoken to
Mr. Lloyd on the subject. This application was made
about a month after the election, but I have made none
since. I know Mr. Horsley was employed to go down at
the election. Mr. Peacocke told me so. Mr. Attwood had
nothing more to do with the election than you bad.
The committee adjourned at four o'clock, until this day
1 at eleven.

Rain intelitgaut.

HOUSE OF LORDS.—YEsTrawAy.
Fismatt's Divoacs BILL.

Their lordships met by appointment at one o'clock to
consider this bill, by which the petitioner seeks to be divorced
from his wife.

The Lords present were—The Lord Chancellor, Lord
Beaumont, Earl Clanwilliasa, and Lord Grey of Oroby.
Mr. Macaulay, Q.C., with whom was Mr. Willes, stated
that the petitioner in this ease was Mr. G. Fisher, veterinary
surgeon to the sth Dragoon Guards. In the year 1847 he was
quartered with his regiment at York, where be became
acquainted with Miss Mary Matilda Mullen, daughter of
the 11ev. Mr. Machell, rector of Etton, is Yorkshire, and
he was married to that lady in April, 1848, the ceremony
being performed by the lady's brother, who was also a
clergyman. After the marriage they went to London and
other places, and returned on a visit to Mr. Machell ; from
whence they went to Birmingham,where Mr. Fisher joined
his regiment; and while there they, on another occasion,
paid a visit to Mr. blacken. In 1850 the regiment was
removed to Ireland, and was stationed at Longford, at
which place Captain Arthur Prime joined it ter the
list time. Nothing occurred, however, to cause any sus.
*ion with regard to this gentleman and Mr. Fisher, until
shortly before a period to which he should presently allude.
Captain Prime continued with the regiment from 1850 to
185'2, during which ho had many opportunities of meeting
Mrs. Fisher in the society of the families of the officers of
the regiment, with whom she constantly associated. In
December, 1851, Mr. Fisher received an anonymous letter ;
the writer of which he
a general imputation of his wife's conduct with an officer
of the regiment, but without mentioning any name. Mr.
Fisher communicated the letter to his commanding officer,
Colonel Scarlett, who had been very kind to Mrs. Fisher,
and whose wife had been in the habit of visiting her.
Colonel Scarlett advised Mr. Fisher to take no open notice
of the letter, but to be more an his guard with regard to Mrs.
Fisher. He, however, showed the letter to Mrs. Fisher,
who indignantly denied the imputatioas contained in it.
In January, 1852, Mr. Fisher became seriously ill from
an attack of scarlet fever, during which illness
Mrs. Fisher attended him moat assiduously, and it
would appear from the evidence of a Mr. Smith in
whose house in Dublin, and who would be called, that they
lived on good terms, and were affectionate towards each
other. The 3rd of February, 1852, was the first day on
which Mr. Fisher was able to go to his duty ; and it ap-
peared that during his absence Mrs. Fisher euddenly packed
up everything belonging to her, and took her departure,
telling the landlady that her father was dangerously ill,
and that it was necessary for her to go. Mr. Fisher heard
this from the landlady, and believed it to be true. He
wrote letters to her at her father's, and redirected and sent
her letters which had been received for her from her former
home. After waiting some little time, and finding that ho
received no answer to his letters, he became alarmed. A
circumstance also occurred on the 11th of February which
caused him to have some suspicion of a connexion with Cap.
tain Prime—on that day Captain Prime having obtained
leave of absence and left Dablin. At the end oftwo months,
aamely, in April, his leave having expired, Captain Prime
returned to his regiment. Mr. Fisher having communicated
his suspicions to Colonel Scarlett, he gave him leave to go
in search of his wife. Captain Prime applied for an exten-
sion of his leave, sad as it was known that he was about to
resign his commission, no difficulty was made about grant-
ing it, and he again left Dublin on April 17th. Mr. Fisher
left also on the following day. The first place Mr.
Fisher made any inquiry for his wife was in London at the
house of a Mr. Richardson in Weymouth-street, Portland-
place, where he and hie wife had formerly lodged, and he
there ascertained that Mrs. Fisher had come there on the
4th of February and remained till the 12th, receiving
several letters in the interval. On the latter day she left
suddenly, without being properly equipped for a journey.
Mr. Fisher, on the 19th April, was able to begin to trace
the proceedings of Captain Prime ; on the sth of May be
ascertained that Captain Prime Ind Mrs. Fisher were living
together as man and wife in lodgings at Southampton.
Since that time they had been living together at various
places on the Continent, and when Mrs. Fisher was served
with notice of the second reading of this bill they were
living together at Paris. An action for criminal converse-
lion was brought by Mr. Fisher against Captain Prime,
when the latter submitted to a verdict with 8001. damages.
In November of last year a snit was instituted in the Con-
sistorial Court, and on the 10th of February, 1853, sentence
of divorce, a mean et thoro, was pronounced. Under these
eireamstrases it was that, after the evidence should be
called, he would ask their lordships to say that Mr. Fisher
was entitled to the redress he sought.
The following witnesses were then called :
George Theukstone, parish clerk of Etton, Yorkshire,
proved the marriage of Mr. Fisher and Miss Machell, on
the 11th of April, 1848.
Mr. John Wilkinson, veterinary surgeon in the Life
Guards, knew Mr. Fisher before his marriage is 1848,
afterwards became acquainted with his wife at Margaret-
street, London. They lived on perfectly good terms as
husband and wife. Ile also visited them in Dublin about
November, 1851. Fisher was stationed there with his regi-
ment. He saw Mr. and Mrs. Fisher on one occasion out
with the hounds. They seemed to be living on good
terms.
Mrs. Mary Smith, of Usher's-quay, Dublin, corn-dealer,
remembered Mr. and Mrs. Fisher coming to lodge at her
house first in May, 1851, and they continued to dose till Mrs.
Fisher went away. She considered. they were living on
good terms. They were visited by other families of the
regiment. Mr. Fisher was ill with scarlet fever in the early
part of 18.52. He continued ill eight days. He was con-
fined to his bed. Mrs. Fisher princirally attended to him.
He recovered about the beginning of February, 1852.
It was on a Tuesday that he first went out. Witness
saw him after his return, and told him that Mrs. Fisher
was gone, and that she said she had gone to see her father,
who was ill. Mrs. Fisher did not return to witness's
house, and Mr. Fisher left also three weeks afterwards.
Witness, at the request of Mr. Fisher, wrote to Mrs.
Fisher to Etton. She received no answer, nor did the
letter come back.
By the Lord Chancellor—Mrs. Fisher went away the
very day Mr. Fisher went out. He left at half past
eleven, and she left immediately after—about twelve—
having packed up everything that belonged to her.
John Faulkner, clerk to Mr. Pinniger, attorney of Mr.
Fisher, stated that he went to Southampton to meet Mr.
Wilkinson. He saw a lady and gentleman walking together,
who were pointed oat to him by Mr. Wilkinson as Cap-
tain Prime end Mrs. Fisher. He ascertained they were
staying at Mrs. lielway's, Oxford-street, Southampton. He
saw them together at the first floor window of that house.
He communicated with Mr. Kelway with regard to them.
He had since been to Paris in order to serve notice of the
bill on Mrs. Fisher, which he did.
Mr. Wilkinson, re-called—Was requested by Mr. Fisher
to go to Southampton last May, where he met Mr. Faulk-
ner. He saw Mrs. Fisher and Captain Prime walking
together, and pointed them out to Mr. Faulkner.

Susan Belway, of 21, Odor I-street, Southampton—Re-
'membered on the 7th May last a lady and gentleman coin-
ing to lodge with her aad remaining till the 20th. Mr.
Faulkner came to her house on the day they left. On the
15th of May she learnt from a Mr. Basnegton who they
were. They lived together as man end wife.
Amelia Andrew., niece of Mrs. lielefty, recollected the
lady and gentleman coming to ledge at her aunt's in May
last. Witness let them the lodgings. They occupied the
same bedroom, and lived as man and wife. She saw Mr.
Faulkner and Mr. Wilkinson following them in the street.
She learnt who they were before they left the house, and
that they were Captain Prime and Mrs. Fisher. There
were no other lodgers in the house at the time. No letters
came for them when they were there.
By the Lord Chancellor—They gave no name when they
took the lodgings.
Mr. J. M. Penniger—Wu attorney fir Mr. Fisher in an
action of trim. eon. against Captain Prime. The cause was
ready to be brought on, but before it was opened a verdict
was taken for SOO/. It was arranged by counsel—the offer
coming from the defendant's counsel. The damages and
costs had been paid—altogether 1,169/. 15s. 6d. Colonel
Scarlet was unable at this moment to attend their lord-
ships' house, as he was oa a court-martial in Dublin.
Some discussion here ensued as to whether it was steam-
easy to adjourn the case for the attendance of Colonel
Scarlett to prove the terms on which the parties lived, and
whether they were received by the families of the officers
of the regiment, but the
Lord Chancellor said he thought that Mr. Wilkinson had
sufficiently proved that.
Mrs. Smith was then re-called, and in answer to the
Lord Chancellor said, that it was at six o'clock, on the day
Mrs. Fisher left, that she saw Mr. Fisher. He had heard
of Mrs Fisher's departure before from the servant. He
seemed displeased at her going. He wrote letters, and re-
quested witness also to write to her and Mr. Michell.
This request was made about three weeks after Mrs. Fisher
left. Witness did not know when he wrote. • .

Mr. Fisher, the petitioner, was then called, and in
answer to the Lord Chancellor said, that at the beginning
of last year he had the scarlet fever in Dublin, and on the
3d February was so far recovered as to be able to leave the
house at half-past 'levels. About half-past one his cook
came to the barracks and told him that Mrs. Fisher bad
gone to her father's. Mrs. Fisher bad on several occasions
wished to go to see her father, and witness intended her to
go as soon as he could obtain leave, in order that he might
go with her. 'Witness wrote to her, the night that she left,
to her father's ; and be wrote three subsequent letters, but
received no answer. He wrote the first on the night she
left, and another in a few days, and the third after an in-
terval of ten days. Two of the letters were returned to him
by Mr. Machell. There had been a misunderstanding be-
tween him and Mr. Machell, which he never could account
for. He did not dare to bring the subject before other per-
sona, for fear of exciting suspicion against his wife. He
requested Mrs. Smith to write to her. There was no reply,
and witness, in the latter end of March, sent his servant
after her to her father's. Witness had previously received
an anonymous letter, which he showed to his commanding
officer. Was afraid to take any steps, for fear of casting
suspicion on her, till his servant returned and stated she
was not at her father's, when he laid the matter before
Colonel Scarlet, his commanding officer.
By Mr. Willes—lt was early in April he went to Eng-
land in search of her, but it was not till May he heard she
was at Southampton. The moment his servant returned he
took steps in the matter, with the advice of his command
ing officer.
This being the whole of the evidence,
The Lord Chancellor said he should advise their lord-
ships to read the bill a second time. Some doubt had been
entertained by some of their lordships as to the reasons why
steps had not been taken snore speedily by Mr. Fisher in
this matter, when it must have been obvious to bystanders
that something was suspected early in February. Mr.
Fisher had not exercised much discretion in letting the
matter 'go by so long after his wife had left;
sad though st appeared that he had been in
some degree prepared for her going, in consequence
of the wish she had expressed to visit her father, yet there
must have bei.n a strong case of suspicion to any observant
person. It was therefore thought desirable that Mr.
Fisher should be examined, for although the house was not
in the habit of taking the evidence of petitioners, yet for
the purpose of negativing evidence, when there was any
suggestion of collusion on the part of the husband, a peti-
tioner might be examined. Although it appeared that the
conduct of Mr. Fisher was not that of a very active,
yet there was nothing to show that it was not that of an
honest man. The proof of the adultery being so plain, he
should recommend their lordships to read the bill a second
tisne.—The bill was then read a second time.

MIDDLESEX SESSIONS.-YESTERDAY.

The May general session of the peace for the county of
Middlesex commenced this morning at the Sessions House,
Clerkenwell, before Mr. Witham (who opened the court for
the Assistant Judge, Mr. Serjeant Adams) aad a bench of
magistrates. There were 67 prisoners for trial-11 charged
with misdemeanour and 56 with felony.