The Express.
London, England, 1858-05-13 00:00:00

THE EXPRESS, THURSDAY EVENING, MAY 13, 1868.

tags, bet in December 1856 they removed to Ashmount-cot-
tage, Aey Wood, near Woolwich, and they ware sow
afterwards introduced to Mr. Renshaw, • merchant, who had
been the &airmen of ow of the nese lines of railway, and
who naiad about half • mile from the petitioner's home.
An Whinny very quickly nesse up between the two
iodine, and espedally between Mrs. Tonle and the co-
respondent, Henry Richard Renshaw' who was Mr. Ren-
shaw's eldest son. Mr. Tonle being from borne all day,
ample y wee afforded the respondents to cultivate
ea antic ran_ which Membered in the adulterous connexion
with which they were now charged. In January, 1867, Mr.
Tonle, who had become unsay at the behaviour of his wife,
asperated himself from her; bat a few days afterwards, in
ceniseqnsace of • letter expressing the most sincere peal-
twee foe bar and the most pedonate
love he hinwlf, be retuned to her. In the following
Awing, however, he thought it prudent to let his bows, and
he wen with his wife to reside at a friend's. He then bed
cocoas to go to Edinburgh, and =the 7th of September he
woes from that city to his wife, informing her of his deter-
nineties to make up her Income to 1401. a year, end to live
apart from her. Mn. Tourle wrote another of her eloquent
letters, bat this time without effect; and in February, 1868,
the commenced a suit for restitution of conjugal nghts.
This led to inquiries, the result of which was to open Mr.
Tonrie's eyes to the manner in which his honour had been
compromised. He then filed his nation, which raved the
bine the jury had now to try.
Mr. John Storey, nephew of the petitioner, deposed that in
October, 1866, he was on • visit at Ashmonnt:cottage. He
thought Mn. Tenn wee rather " enapPuth' towards her
Inane& On one occasion, on going euddesly back into the
drawleg-room, he saw Mr. Renshaw and Xre.Tontle looking
vstazdzi! confused.
mind—Witness's mother, who had been Mrs.
Town's guardian bad dimpproved of the aserriage on
sionnat of the lady's temper. Had mentioned what he saw
in the drawing-room to his brother ; but they both thought
that it was only a case of suspicion, and that there was
notithafritit upon which they could act.
W. servant to the petitioner, at Ashmount-cottage,
aid—Mr. owls usually left home at eight in the morning,
and rettnned at from five to seven in the evening. On one
cocain, when Mr. Tourle had gone to attend the funeral of
Mr. Starry, Mn. Tour), gave instructions to witness to admit
no one bet the &trishaws. Mr. Renshaw came on that day,
sad he was • frequent visitor while Mr. Tootle was absent,
He would stay all the morning, and sometimes would take
lenobeon and tea with Mn. Tourle. Had only known the
petitioner on one occasion find Mr. Renshaw in the house
when be returned, and that wee when he het come home by
an earlier train. Mr.. Tonle often sent witness with notes
to Mr. Renshaw ; and notes had been brought to her from
him. One day, in November, 1866, about five o'clock in the
afternoon, witness was passing the dining-room window and
looked fa to see lf the fire wanted anything doing to it. Wit.
nen saw Mr. Renshaw with his arm round Mrs. Tourte's
waist; sad he saw him kin her. In the same month Mr.
Towle's brother, his wife, and Mr. Morse, the broth/e-
-ta-law of Mr. Tourle's brother, were staying at
the house. The party went to • concert in London,
bet Mrs. Tourle stayed behind , and soon afterwards Mr.
Renshawcame and took tea with her. He left at half-past
10, just before the party returned. (Witness detailed many
other instances in which the respondents had been alone
together.) On the 9th of tannery, 1867, while Mr. Tourle
was from home, Mrs. Towle went by train to Woolwich,
and did not return till the next day. One night in the
mane of the winter Mr. Towle was absent from home, and
is the morning witness observed that there were footmarks
1* the now loading up to the window. The next lime Mr.
Toads was away from home Mrs. Tonle spent the day
(which was a Sunday) at Mr. Reuben's. Old Kr. Ren-
shaw brought her home in the evening. She read prayers,
and witness went to bed. after filling the ooelscuttle is the
drawing-room for the next day. In the morning the coals
were gone, and there were wine and biscuits en the table.
The Chief Baron here stopped the examination, which had
proceeded to a great length, but which he said was • com-
plete wane of tams.
Mr. Slade explained that the object of all this evidence was
to show that Mr. Towle had not. as the plea alleged, deserted
his wile without just canoe. He (the learned counsel) was
In this difficulty, he could not all Mr. Tour), himself.
The Lord Chief Baron could not see any difficulty at eIL
Mr. Slade said the evidence had not been adduced without
great consideration.
Lord Campbell—Mr. Slade knows his own can best, but
It looks as tile was rather distrustful of it. (A laugh.)
The witness (cross-examined by Dr. Phillimore) said he
had mentioned what he bad seen to his fellow-servants and
to the wechmen next doer. It was generally talked of.
Alfred Peacock, • policeman, said that while on night
duty, in the early part of 1867, he stopped a man within a
maple of hundred yards from Aahmount-cottage. He gave
witness a end, the name on which was Mr. Renshaw. In
order to satisfy himself that the man was redly the person
he had r ptasnted himself to be, witness took him to the
hone of Mr. Renshaw, sea. Witness had east him what
be was &bon when he bound him, zed he said that be was
courting one of the servants at Athmount-cottege. (A
laugh.) Had dace seen the 00-respondent walking with
Mrs. Tonle in • wood. They were pointed out to witness
by • coachman of the neighbourhood.
JOINS Barnet, the coachman in question, said that In
tune, 1867, be saw Mr. Reeshaw and Mrs. Towle in the
wood. They kissed each other several times.
Mr. J. P. Morse raid that on the morning of the 18th of
February last he went with Mr. Tousle to the London Hotel,
in Albemarle-Wen. They went into a room which com-
municated with a bedroom. Mn. Towle and Mr. &whew
were thin. Some strong observations were made by Mr.
Tonle. Witness went with him into the bedroom. The
bed, which was not made, lad evidently been slept in by two
. Mr. Tondo was spin much excited. He called
parson
an Wentz] blackguard, and threatened him
with personal violence. Witness had to take • suck which
ha had out of his hands. There was in the room a box be-
longing to Mrs. Towle, out of which the letter produced was
taken. [The letter appeared to be • draft of a ceremonies,-
dos to Mrs. Tourle's solicitor. It stated that she was not
able to say anything " satisfactory" (underlined) respecting
the 9th of January. and asked the person to whom the letter
was addressed whether he still recommended her to pursue
the cones he had advised. This, it was suggested, referred
to the suit for the restitution of conjugal rights.]
Mary Hughes, chambermaid at the hotel, proved that Mr.
Renshaw sad Mrs. Tourle had on three occasions stayed at
the home, and had occupied the same bedroom.
Mr. William Morehouse, nu of the landlord of the Lon-
don Hotel, proved that the respondents had stayed there
from the 19th to the 22nd of January, from the 27th of the
same tenth till the 20th, and on the 17th of February.
Dr. Phillimore then addressed the jury on behalf of Mrs.
Tousle, and announced his intention to rely principally upon
the plea of condonation. Having explained at some length
the law bearing upon the point, he ridiculed the idea that
Mr. Tonle had been ignorant of his wife's guilt till ho found
the letter in her box at the hotel. In his own communications
to her he admitted in expren terms that he had been aware
of her conduct during the eight months he bad returned to
cohabitation with her. This was apparent even from the
letters his horned hind had brought in; but there was
another letter which they had thrown upon him the onus of
producteg, In which tbeadminione of Mr. Tourle's knowledge
of his wife's proceedings during the eight months in question
were even more strongly expressed. [This the leareed doctor
proceeded to read.)
Lard Campbell wished to remind the learned advocate that
even if the letters which had been put in evidence showed
that Mr. Towle had condoned hie wife's pest misconduct,
the condonation would not at any rate apply to the adultery
to January teat.
Dr. Phillimore intended to rely upon the plea of deeertion
with respect to the Wee seta. When Mr. Towle took his nits
beck, he pieced her, legally speaking, in the position of an
innocent wile ; end to desert her again was even • worse
dime than to have deserted a wife that had never erred ; for
it was equivalent to bidding her return to her paramour.
Lord Campbell—But separation is not desertion. He had
made provision for her maintenance.
Dr. ?Wetmore would nemathelees contend that Mr. Towle
had deserted his wife in such • manner as ought to deprive
him of his remedy under the act.:
The Judge Ordinary—But there is another point still
which you most bear in mind. The court has • discretion.
Dr. Phillimore was aware of that ,• but the court would
probably exercise its discretion in sooordanos with the %tan-
. now of the legislature, as illustrated by the gnerel tenor of
r the act. The learned counsel having finieW hie address,
Mr. Slade commenced his reply, bat the court adjoined
t begin he had concluded.

COURT OF BA
(Before Mr. (
IN RI HILLS AND H II

TCY.—MAT 12.
r Farbhorse.)
WANAOININT OF TEI