The Express.
London, England, 1860-12-18 00:00:00

TUESDAY EVENING, -DE ' e:, ER 18, 1880.

thistles's. ei_
:Mee land adjoining the company's station at
Leicester, mid& bet into a coal wharf, and had rails
Lid down bee it to the Midland line, so as to facilitate the
delivery al seek - The property continued in this state for
17 pan, at the end of which time the company prevented
the plaintiff from having access to their line princi-
pally by pinging some trucks in the way. This
ebeitinstien enthreed for fifteen months, at the
and d shin Van the plaintiff sold his land
to lios 101 l Woburn Railway Company for 2.5,0001.
In asnownneed the obstruction, however, the plaintiff's
tenon* bin. end hie loss in rent was about 500 f. The
motive he the ampany acting as they had done, it was
mid, nut loathe the trade to a wharf of their own, which
they led eseeleeeted not far off. The plaintiff now claimed
damoins fie the isjitry which he had sustained.
Kr. lona sod Mr. Merewether appeared for the plaintiff ;
and Iffir F. Ley, Kr. Mellor, and Mr. Phipson for the
defeedaide. _

Stead vineries' were called for the plaintiff, but no
eviler* was on behalf of the company.
Ills lair rid that the point to be considered was
whether the eotapany had intenbonally obstructed the com-
munication with the plaintiff's wharf so as to prereut him
VThe lazy
lazy found a verdict for plaintiff—damages, 1,0004

OOURT OP PROBATE AND DIVORCE.
(Flan the Judge Ordinary.)
MUM 10, SIMI AND lADDAND.—EINUCLAS CAME.

71de was • plaice lied by Dr. Thomas Browning Smith,
cd Daballargssiva, lEassimiton, for a divorce from his
=lre. Oilman, Lisa Smith, for her adultery with his
pope, William Liddard. Both respondents
pleaded i Emil el the charp.
Mr. Odors mad lir. Lloyd.watred for the petitioner ;
Dr. web mad Ur. You4e for the respondent ; Mr. Murphy
sad Mr. I fee Mr. LaMar&
The redo VIM married on the ah of Deco:ober, 1843,
there epsedeel big then a Mir Reed. There had been
few &Wm. ewe el whom siuyived. The adultery wee
met delisted ; bull the co-reepondent, after paying a visit to
the Morevba @dad in Germany, where be had been edu-
cated, reek slta make a voluntary confession. Accord.
logly,_ ,faNwi um, be had an interview with his paramour,
and eflssmssis with her husband. He then wrote to L4r.
Smith the fellawin letter :

"3, Obasadoa-road, Notting-hill, May 10 1859.
" reaped your note with the others. I feel that
you ere Toe have been housing and eon&liug in we
wise headt& part of • serpent toward. you—one who,
allowlag Mae& to be blinded by sin, has acted without one
=leatter, and ham is the happiness of hie
. Weald that I had felt this at the time ! I
will eta semen, for Tou can only read it with contempt,
as as Ma w. to deceive you—se some new lie. May tie,
Wen Ammo throne we shall both have shortly to appear
sad same far air wet)* thought and act—may He have
merry apsa coo this has deserved none ; and may He also
math yea to pity and forgive a wretched sinner, however
and rasing We the sin!
" 13aga Liddard, of No. 10, Vlarendon•rosd, Not-
ional% do hereby acknowledge and confess that
I ban, shoot the last two years, had criminal *m-
ama wilt wife of Dr. Browning Smith, who at pre-
med la Swift II Ea 1, Berkeley-gankms, Silver-street, KIM.
disk% Lam •• IV M. LIDIJA RD."

Mrs wbo wee very much effected by the conduct
tithe mosemprimdent. also wrote the following letter to the
politionin t
"1, Berkeley•gartlens, Monday, May 10.
" I miss esintrielely overwhelmed with grief and shame
Ito* I know not bow to address you. If you have ever
known what it in to feel perfectly miserable, end to know
that ibM Wray bra been entirely brought upon me by my
own obsnotal boltavioar to one of the best end kindest of
Intaleadai you wry imagine how very, very unhappy I feel ;
M rowtono as I know you to be, still -11 cannot
dont to bore Vat you will ever forgive me, but
I on may kneel down before my Maker and you,
sad ingdoro that you will do so, for merey's sake ; for your
good advise bishesto peens to have been thrown sway on
sea • wield penes as I have been ; and now solemnly do
pranks tint If I should ever be onoe more restored to your
affeetions, I trebrve that I shall know bow to value one so
kind and good ; for indeed I have bees very unhappy, and
Irish): down Thai I should feel so ; end I would guys all I
lento by snowed just to kiss your hand. You cannot tell
bow sad miserable I am. Do prey forgive me,
for I wow' ion what to do."

Then IMMrs, at sense, led to an immediate separation.
Na. &BM rensiwed on. night in the house, and the next
day she rstar by her husband to her sisters, from whose
home dr web s 'mond letter, equally full of penitent es-
Lem=astiestieg to be allowed to see her children.
ehimed damage* against the co-respondent.
De. Chebe. • tied of the petitioner. described the state
et the kgs/f. TM petitioner had sold his practice last
yaw. SA beeml Mn Smith complain In Liddard's pre-
emie eel he bail refused to let her into his room one
shieszedestbvillssaltit. war. away.tam said die was timid.
Smith was addicted to the use of
=elan sad ilia She had been so for months, perhaps
Liam. ILA MOW MB the petitioner so much the worse
lieu as as/ to be able to attend to his patients. No
demblbe led ai awes taken more to driuk thee was good
fee him Mattloppla did. Knew what was meant by •
ti%teee
_and had nee him Spey.
!Ain' t=—Mts. Smith had gone to partirs with
the OW It was with the knowledge of the hus-
hes& bawd from Mrs. Smith herself that she had
alio been Chewer with the co-respondent. Had not
heard De. OW& es y, with reference to Mrs. Smith's habit
el taking *plums that if it bad not been for his children he
would liewegme to the world's end to get rid of her. Dr.
Smith he the habit of smoking io his wife's bedroom.
Eiz 0. Well, well. There is nothing about
thee la the set at perligment which gives me a discretion.
Umaphber.)
Wgwese—Hati smoked with Dr. Smith in his bedroom
when he 1/11111 111. The two boys were generally at home.
Tlzonamil to 11niversity College School.
Stone, of Bayswater said that while visit.
ing Kra= the couversatioe turned on robberies. Mn.
Smith mil as was timid, and that Mr. Liddard had bolted
Magnus imd would sot let her come into his room. Mr.
UMW. mho vas present, said angrily that he did not
woe bog thelp.

Choneemilmii—Kre. Smith was flow 46 to 50 years
alai&
Mee JIM lhowdsg Smith, sister of the iwtitioner, mid
that if the adz of ltiret she was tallthig with Mrs.
Burk lir the vim rwpoadeut) let fall something that
Whet to et& " . de you allow laddard to 0..1160 into
year rem I' Übe said, "(If counie I do," or "I do ILI I
iiimesa' lilitathiag of that sort. Fluid in reply, " Whew
hoes he." ell their jackets it is time to give up such fami-
liarities _ _ _

id—Cousidered that Lidilardwas Hamming
bisi bed smut to be a Loy. Mrs. Smith had been very
kind to him ; but witztee.'. brother had never sanctiored
sash irmilissdiss. Did not communicate to the petitiouer
what o spaded had said. It was not a crime, and
whore was ad pimp to make mischief between her brother
sad Ids wide. Thought it wan an impropriety that hail been
sommeosed when Liddard was it buy ; and wituese
1h M Wee motinual too long. That was what witness
Mimi IS hid to the respondent.
Mkt Les Litklard, of 10, Clarendon-nail, Notting•hill,
whirei—l ea the member of the co-respoudent. I have
bows the pdhiseer 14 or 15 yearn. An elder eon of mime
we sodded lent. Smith before William. William is now
about 211 peen d and, consequently, in 18.17 he would
be 19. I IMO frequently at Dr. Smith's. Mrs.
eolith weed te les very rude to my son. She
sold her hand and hit him where she ought
sat. She used aim to pinch him behind. He used to be
very um wt her, mil say, " You'd better mind what you
are s$ Elm used to complain of his want of kindness, and
el the abruplasmd hie Manners. She seal be was more
like • eld dim •mso, and she did not believe that he un-
ifremlogi wholl he ought to know. She Iwo shown me her
swam with loin and pinch's on them, and has told 1110
that sea hid dose them, for he would nut take a joke.
I asYsaedlia sitter to hint, and be said, " Du, mother,
aid leaf !MAIM ; you don't know what I love got
to milk" In the summer of 1858 Mrs. Smith, who
boa 111, went to Margate with toy son, myself, my
dimighter, dims age is 1.1, sod my sou who in about 10.
We mcogioll the same house. We had one dining-morn,
bat we hod separate boxlmonos. My son occupied a room
on the wpm door. Ilrs. Smith slept with my daughter,
on the awn km with me. One 'stooling before 8 o'clock 1
hied me/ no jump out of bed and slant bis door. He said,
"I shadt" She said two ur three times, "Open the
ded." Thr tephad, " I shan't. Put it under." 1 went
I to mz, ewe door, and saw Mrs. Smith corning down stairs in
hair aiglitrinsas and a shawl. She said, " I love only been
to emery ham • shirt." She had nothing in her hand. la
the spoked the seat peer I went with my sou to Germany.
We dyed at • mmniunity of Moravian,. where toy son
bed hews eiliasted. He was a good deal with the Moravian
Wham, sod we with them iu the church four or five times
• did. • PAW cams fur him while we were there. 1 maid
to his, "Thou is a letter for you from Mrs. Smith, nut
rve • good mind to upon it." He mill, " I won't have it,
souls drew it away." It was not, however, destroyed:
sad ;has it now. On oar return my nOll did not.
go bask MIS. esiith's I had brought a few little things
home es piessats for the doctor. family ; but my son add L
MIA Mg lake them at that time. One day ho said he must
go therik owl ha did so. After this I went to see Mrs.
Saktkal deasea. Mrs. Morris's, at No. 10, Canterbury-
rood, Bars Peed-med. Neither @Leper Mrs. Morris was at
home. I waked outride for an hour, and then 1 went in
pia Ind VW the respondent. She wan crying very much.
She mid, "doe's • pretty thing Willy his 'brought shout"
I obssrvedild it could nut be true ; and she add she wished
she end db.

heanl Dr. Smith say that he would
go to the world's sad if he could get rid of something, hut
I did not hear the arid of tli sentence, nor can l vay
whither be wee vaderring to the respondent.
Aber IKON ether evidence the examination of Eliza
Payday, who had been servant in the family, was wad.
She had writhes a letter to her iniatreas after the separa-
tion, to tibia eownsunication aim described herself as the
most wretehed.4 in the world, on her account, she said
that they bed bed at her, and that she had in conse-
quence few into " e itericks had that they hail had
to any ire op stein." The sitnew admitted, however,
that Mils Ind dher things in the letter were untrue.
Mt. Odom is onwireing up, submitted Iliac the allega-
tions d W petilioser had been untidy prtm.i. It wee ix 4
a ore to 'Mai be dere ask for hem, y (Llano% but be

would leave the question of the amount entirely in the
hands of the jury.
Dr. Spinks called on the Jury to diernise everything from
their minds that the co-respondent had does or mid. His
client had a right to demand that the charges which had
been made agunst her should be established by independent
testimony ; and Le denied that there was any legal proof
of misconduct against her. Her own letters were to be ac.
counted for by her unfortunate habit of taking opium.
Otherwise what was meant by the reference they contained
to the "goal advice" her husband Lad given her Be-
yond this, nothing had been proved except such innocent
familiarities with the co-respondent SA might lawfully pass
between a woman and a boy whom she had always treated
as her son. He submitted that the whole case had been
trumped up by the petitioner in collusion with Liddard, to
get rid of a wife from whom her intemperate habits had
alienated his affections.

Mr. Murphy should not have thought it neceswn• to
address the court at all if it had not been fur the claim for
damages. It was clear, however, that the seduction bad
not been on the part of his client, and it would be ridiculous
to suppose that the petitioner had sustained any great lose
in the society of such a wife. He (the learned gentleman)
submitted that this young man, to whom character was of
so much importance in starting on his professional career,
had been punished enough by the scandal of this trial for
the share he had had in the transaction.
The learned judge said, that after the course taken by
Dr. *inks, it would be necessary for the jury to dismiss
from their thoughts the confession of the co-respondent,
except, indeed, so far as it might tend to throw light on the
theory that there had been a base conspiracy between the
petitioner sod Liddard. It would be for them to say
whether the terms of Mrs. Smith's letters were such as a
woman would have employed to her husband if die was
conscious of no offence agaioat him except the habit of
opium eating? If Mrs. Li:ldeal waste be believed he (the
learned judge) had hardly ever known more coarse or shame-
less bebavour than that of the respondent. As to the
question of damages he need hardly say • word. If there
had bees adultery at all, Liddard had clearly not been the
seducer. He had been • Joseph, up to • certain point
but Joseph's virtue was overcome. (laughter.)
The jury without hesitation found the issue of adultery,
adding that they did not think it a case for damages at all.
The Court—But you must name some amount.
The jury—Then we give a lathing.
Sir C. enamell pronounced for a dissolution of the mar-
riage nisi, but said that though he agreed with the jury as
to the question of damages, he thought that Liddard must
pay the coat*.

Mr. Jo' tics Keating sentenced him to penal servitude
for life.
Mr. Jeatice Blackburn commenced trying civil cases in
the Nisi Prins Court. The cause list is small, and the c.lai:s
of Mae public interest.