The Express.
London, England, 1858-08-07 00:00:00

ASSIZE INTBLLIGANCR

HOME CIRCUIT.-017ILDPORD, AUGUST 8.
Mica, Mr. Biros Bnswttll Nod a Comma Jury.)
MAT V. VLIMITTAIIT

The wait an action to mom del. 175., for board mud lodg-
log, sad ustsistorios supplied by the plaktig to the wife of
the !iiiirkat.

Mr. E. James, Q.C., Mr. 0 xdas Alias, sad Mr. ViIa-
rOVIII Cook, 111110 tor the plahoilf; Mr. ht. Chambers, Q.C.,
Mr. Archibald, sad Mr. Phillips, ware coward be Ail de-

Mr. M. James, opening the ease for the plaintiff, paid
that at/Krogh the aches wee brought nominal, merely fur
the recovery of a sum of money fur board sod lodging, sad
other necessaries supplied to the wile of the defendant, yet
the tame undoubtedly Involved viatica@ of oothiderable In-
terest affecting the parties is the suit, sad it would beas
he him to enter late particulars of • private asdtk=
nature, wlikk it was always very unpleasant to be compelled
to do, and be should not enter into those particulars to say
grater extent than he coesidered absolutely in the
conduct of the case. The proceedings of the defer ant ap-
peared to have bead the most extraordinary character, end
he should be compelled to state certain facts of • most
painful nature, because before • claim of this kind could be
supported it we. necessary to establish that it was utterly
Impossible for • wife to main under the same roof with her
husband, or that he bad driven her into the world without
the means of providing for herself. The defendant, Mr. Charles
Vansittart, was • clergyman, very wall connected. the
nephew of the late Lord Bexley, and in 1845 he married the
lady whole name would be alluded to In the present tourney,
and who was the daughter of Mr. Busk, a merchant of
eminence in the City of London. At the tints of the mar-
riage • sum of 6,00 AL was settled by the defendant upon his
wife, and else 1,0001. Ia securities, and after his death his
wife would be sodded to those emonnm, end Mr.
Bask, his wife's father, ale settled 5,0001. upon her, sad
likewise agreed to give her for her own use 1501. a year.
The income of the defendant at this time wag about eleven
or twelve hundred a year, and he had the living of White
Waltham, in Berkshire, to which he eta presented by
his uncle, and he lived at that place with his wife,
and three boys and one girl were the result of their
union. The defendant and his wife continued to reside
at White Waltham, until the year 1857, when the circum-
steno.. ocearred to which ho thong have to direct their stn
tendon ; and at this stage of the came he could act help area
leg his regret that the defaidant should have been advised es
ram the present acdoa, and that he should be compelled to
detail facts of the tort painful character, and to draw the
veil Iron the privacy of domest c life, end show that the de.
hada' had been guilty of the moat heartlees cruelty and the
grossest path!' misconduct towards his wife. She would
not herself be able to give evidence, on account, u he was
instructed, of her suffering from an injury that
was the result of the violence of the damndest
towards her, but he should produce other testi-
mony which. it appeared to him, would abundantly make out
what he had stated. Mrs. Vanslttart wee a most enable
and socompliabed lady, and he should show, by a letter written
by the defendant himself, that he bad at one time stated that
she wee really too good fur him ; bat It would appear,that very
roon after their marriage he treated her with the utmost
cruelty, that he repeatedly stated that he wished she and her
children were dead, and that at length It became evident that
thoy could no longer lire together with say prospect of hap.
pines., and arrangements were made for their and '
sn agreement was drawn up and executed by which the
defendant undertook to make his wife a certain
allowance. Instead of carrying out that sgrament,
however, the defendant left England, and proceeded
to Geneva ; but before he went he obtained possession
of the pereotui of two of his children, two boys, in • manner
that might be almost tinned kidnappieg, and from that hour
to the present he bed not contributed • single farthing
I towards his wife's support, and it was thendom found nice,.
wry to resort to the present action to compel him to do so.
Mr. limas Book wee then examined. He deposed that the
defendant's wife was his sister, and he was one of the trustees
under her marriage settlement. She was married to the de-
fendant in May, 1815, and from that time down to the year
1848 be wee In the habit of visiting them end communicating
with the defendant sad his stater. Oa the 29th of May, two
days after the mirth" he received • letter from the de-
fendant. The letter wee put in and read. It wee as follows:
"My dear Haas,—l am the happiest of mortals—tos
happy, I am herbal. Oh I Hath, you little know what •
treasure I and Roadie. Boa immeentrably she ha my
superior is all things: What en entire change and reformation
she will effect both in my outward and inward carriage. Oh,
once agate, I sin too heppy ! Your slater is so pure, so
meeker, so calm, so incoorett, se ladylike, to perfectly angelic,
that I tremble at the fearful respoceibility I have undertaken
in swearing to love, honour, and obey such an angel. She Is,
dear Mans, too good for me. If I had known all her charms,
all her perfection, I should never have dared to have advanced
m claims. She is too good for such • one as myself. She
will indeed move • guardian angel to myself, and • ill be the
toakiog end the preservation of a., both in this world and the
nat. We reed every morning and evening a chapter of the
Greek Testament together, and we both of us read every day
together. In fact, I shall live for your timer alone."
The letter went on for some length in the same strain, and
the defendant concluded by saying—" I am the happiest of
mortals."

Rumination continued—ln the mouth of August, 1849,
wittiest reoeivel a letter from hie ..ter, which Induced him
to reek an interview with the defendant. The letter now pro-
duced le the one referred to.

The letter letter waa pot to and rmd. It woo addressed by the
doisodoat's wife to the witooto

"My dear Hans—l really think I shall be obliged to
trouble you to speak to Charles about his tehevictur to me.
This morning, aNe bushiest, after evidently trying to pick
• quirel on two cc three different subject., which I each
time managed to keep off, he Lissa again abruptly about the
money, saying that he had written to you yesterday, ordering !.
it to be put into his name. I answered that you could not I
do that unless I gave directive about it. Hr got into a
great rage directly. end said it wu all a conspiracy between
us to cheat bias. I saw that as be was In thie spirit it was
better not to ray much to bite. so only added, The fact is, se
you so often talk about golug off to Australia, you see k
might be very inconvenient to me to have my money in your
name.' He continued making • great nubs, asked how
I dared talk about my motley, said it was all his, end that
all that he or anybody else ever married for was
for the sake of getting money with their wives. I said,
' That la a strange confeeion ; but fur the present I think
we had bolter change tho subject, as I have no wish le
quarrel about that or anjthing elm.' Upon this he flew
at me like • tiger, seized me by the arms, and tried to
throw me down. I mumpd to keep on my feet, and then
he dragged me to the d or, and, trying to open it, kept
screutuing out that be would turn me out of dome. I kept
avian' the door to prevent his opening it, in order to keep
the *flair, if possible, from the servants, and he kept on Utak•
tag me, and at last began knocking me with all his might,
and did not leave me until he had given me one such
blow in my side with his Lot that I only stopped Wes
by sayiag that he would be auwereble for soother life Its-
mare mine if he did not desist; and indeed, as It is, I have felt
so giddy and sick ever since tint I greatly fear he may have
done nit a more serious i jury then heeililike to answer fur.
The obo ct too, I fear. is pretty evident, is he always choose
the titnen when I am In a similar condition (or hie most violent
behaviour, but I must say Deaner before went to such lengths
as he has to -day. I should add that ell the time he wes so
treating me be kept going cn quite like • madman about
our Laving a conapisemy against hire, sail it was • plot of my
family to get his money, that he did not believe I over received
any money at all, but that I took enough of his to
support my old father, and all sorts of unfounded untruths t het
be could think of. He sold ho should have • separation at
once, and get somebody else to tithe care of his children, Ao.
Now, under the circutueteneu, watt do you advise ate to
do ? I really am more than half afraid that ho will do to.
some injory, but still, rather than make • regular break of
it, I would let it page by, if you think it beat. Certainly, I
would rather suffer anything oiled( than be 'operated from
the ebilthen ; bet with such • temper, and without having
anything to allege azallut me, I do not euppue he could
keep them if be should insist cu my leaving the house. • •
I do met think your veiling to him would do any good ; we
mast Atha l t tt pose our or you must sea Dim and speak to

*theme awn said that he had before this received infonna-
Ron with Meld to the conduct of the defendant towards bio
sister, and up.e remising the letter he went to endeavour to
hare an interview sith the defendant, and met him on
Wateelon- bridge. Weems had a horsewhip in hie baud.
Ups the &deadest catalog op to him he pat not his bead.
bet witr.ew pushed it away, rad toad him be was desirous of
•dliag hint to scomint for hie a'rncious c deduct towards his
steer on the previmm day, and at the same time showed
him hie niter's letter. The defendant replied that It was
very mid, sad he was very sorry for it. His sister was is
the femily-wsy at this time. Witness reproached him with
his madame, and he said it was not his business, and
be W se Cat to tweeters in Lis family affairs, and he
wee Issabit I his own hones, acid no one had a right to
meddle wit►blrt. %Isms theta said that in oeseequence of
his brutal Mariana of hie wife, and hie having before
assaulted her when she was in the family-wad, be should
feel it his doiy tole all do hide before the bishop of the
idioms., and the t t said that be • ished she was dead,
and then abs 'NM base eta as re children, which he de-
treed. Witness bed • hteeeerhlp in his hand, and when
the deandeat add ale he was so tithed that Le raised it to
strike ban, but the dedindent clasped his hands, and best his
bases, end heated in seal as abject state of fear, that he
deeleied, sad 'Akins saying that be should learn the matter
le the heads at the bishop. The prisoner followed hiss,
and entreated him tot to make the matter knows le
the Weep, as It would be the ruin of huneelf and his il
ebb be gpipreted witty to Wet h min the aftenoonat
Oiwestiatte C. , hoe" Peeaalilly, and fauns Wm at a
MOB what he intended to do. He weed et the the, ap-
pointed, and the 4efeedant showed lam a letter be bed
velum to his wife. The Wet was put is and read. It wee
,nested in the most alleottenate terra', and the defendant, in
Oa IBMS ablest wanner, estroitsd his wife to forgive him he
liks isomer is which de had acted towards her on the pre-
vious day.
The following letters were ales put is and reed. The dant
was addressed to the father of his wile. It was as follows:
" My deer gnu evasive a pealteat son !seek to
your 'declines? I thank Haas heartily for having brought
Wore the bishop WI my unhappy history. For the forum,
it will be my steely to do everything to please Rosie, and will
forswear cord-playing, flirting' and other ouselerical amuse-
Meat. I have promised the bisep ers to do.—Your v.:wresting
" CHAILIM VANSITT ear.'
She 'text wee the letter In which the tildsedant amounted

Lie lotenti,n to separate from his wife in the following
terms.—This letterwaadated the Bth of June, 18.58.

writing the last I hem come to the delibera-
tion of separating from my wife, a. my betted and averment
towards her are so great, that I can nor will ever NM hair
sgsin ; and my physician tel me that it is absolutely neon-
nary for my health that I should be blot ea gold as possible.
I chill not remain long Berkehire. What Idol. my own
object, and I em not at liberty to reveal toy plans, but never
again, under any circumstances, will I ever me your
daughter. Please to favour me with the name of your mil-
dew, that the moosseary steps and forms may be entered into.
If lad not married contrary to the wishes and prayers of a
most excellent mother, muck misery would have been spared
me. Would to God that I bad done so.—Tows, truly,
CNALRLIA VANSITTA

The examination of the witness was then proceeded with.
He said that his sister forgave the defendant upon this °am-
eba, and they continued to live together, but in 1853, he
discovered that the defendant had been carrying on an adul-
terate intercourse with a young woman, the daughter of cos
of him parishioners, and he showed the defendant some letters
belted received upon the subject, end charged him with the
oftemos. He at first denied it,.end then said in an insolent
tone that it was no business of his. Witham then told hint
that he had thought it right to inform the bishop of the
manner in which one of the clergymen of his diocese was con-
ducting himself, and that he had been in the constant habit
of beating end ill-treating his wife, was addicted to habits of
intemperance, and that he had wound up by seducing the
daughter of one his parishioners. The defendant then said
it was not so bad as that, for she had gone away with another
man before he had anything to do with her. The defendant
then expressed great contrition for what had happened, and
said he saw his conduct in its true light, and entreated wit-
ness to intercede with his sister to forgive him, and she didso,
and the ddendant returned home. The last lime he
saw the defendant was in August, 1858, when
he said he was determined to separate from his
wife, and that • deed of separation must be drawn up, and if
that was not done he should sell all his property and go away,
and his wife and her children would have no place to go to;
and he added that he did not know whether he should go le
Australia or to the continent. He at the same time said be
was willing to make his wile a fair allowaace, but he wee
determined to be separated from her. The defendant sakes-
quetUy executed an •greemant to pay his wife 1201. a yew;
bat in September, 18166, he suddenly left, taking two of his
aces with Lim, and for eight months no tidier could be
learned of him, although conaiderable expense was incurred
to endeavour to ascertain where he had gene to. He
understood from the defendant that hie income was 1,0001.
or 1,1001. • year. The defendant's wife was too ill at
present to appear as a witness.
Cross-examined—His sister was allowed 1501. a year by
her father, and the defendant told him that she only spent
1001. a year, and laid the rest by for her children, but he was
not aware that this was the origin of their quarrelling. He
believed that is the year 1848 his sister became • convert to
the Roman catholic religion, Two other sisters had also
gone over to that faith. He had been informed that the
living at White Waltham was sold upon the understanding
that the defendant should resign the ministry, and that the
sh of the sale should be invested for her beat. The 7inegedof White Waltham was stated on the books to be worth
9001. a year. After the defendant loft, his wife went to live
with her father for some time, and she then went to live with
Mrs. Byrne, a married sister, and her father and
sister bad both brought an action against the defendant
to recover the cost other maintenance. These actions were
in addition to the one brought by the present plaintiff. The
defendant himself requested his wife to hear Mr. Bennett,
and also Mr. Wood and Mr. Newman. He was unable to
say how logy his sister was wavering before she joined the
Roman catholic communion.

Re-examined—The defendant himself first introduced
High Church notions into the family, and he believed that
this led to his sister's seceding front the Protestant Church.
A letter was here put in, in which the defendant requested
his wife to keep steady to Bennett, and to stand or fall by
him ' • and he also stated that he was getting very high in
church principles, and so were also many of his parishioners.
14w-examination continued—He was aware that Mr. Ben.
nett wee a high Puseyite.
In answer to a question pat by Mr. Chambers, the witness
stated that this letter was written before the defendant's mar-
with btu sister.
Mrs. Julia Byrne, a married eater of the defendant's wife,
was then examined—She stated that for soros time after their
marriage the defendant and bar sister were= very affectionate
terms, but in the year 1849 the defendant commenced belay-
hi! unkindly to her. A short time before she was comilted
with one of her children the defendant said he did act want
any more children; indeed he wished that those be had were
dead. lie then said that Sidney, one of his bona, was a
nice boy, and he should like to keep him, but he did
not rare about any of the others. In March, 1851, she was
present when • quarrel took place between the defendant and
his wife, but she could not recollect the subject. The de-
fendant was very oiulent end threw the chairs about the
room, and flung his hat from one end of the room to the
other. He then rang the bell, and told the entrant to pre-
pare a separate bed for him, as he would not sleep with bis
wife any more. The next day she took her enter away, but
the damndest promised to behave better, end rho returned to
him. She saw the defendant behave Ina similar manner on
several other occasions

Cross-examtead—She did not know where her elate, was
now, but she saw her on last Monday. Witnera had become
a Treed to the Roman catholic faith.

Mr. Chambers asked the witness how long it wee since she
had funned the conclusion that the Roman catholic wee pre-
ferable to the protestant faith?
The witness asked his lordship whether this was • pertinent
question, and whether she was bound to answer It f (A
laugh.)
Baron Bramwell said he saw no reason why she should
not answer the question.
She then said that she could not state steely when she
canto to the conclusion that the Roman catholic religion was
prof Table to the protestant.
In answer to other quest', ns put by the learned camel
for the defendant, the witness said she !obeyed the
amount that was demanded for keeping Mrs. Vandttart
was about three guineas or three guineas and • half • week,
but it was not more than she cost. They were not bound ru
keep Mr. Vansittart's wife. He was better able to keep her
than they were. One of the children was taken away by
Mrs. Vansittart as she wee returning from echool, but it had
been arranged that she abuttld have the custody of this child,
the little girl, at the time of the separation. She did not
know whether her sister took this child to a catholic place of
worship.
lle•ex intined—When the de!endant left his wife in Sep-
tember 18.56 she was without means. He took the two boys
away with him. Her sister was very much atm...Led to these
bus, end she nesrly went oat of bee mind when they were
taken from her.
_

Mies Rachel Busk deposed that abe lived with her father,
is Cumberland•place, 11)de-park. In February, 1857, her
sister was staying et her fatha'a, with the family. She re-
membered the defendant coming to the haute ”pon one coca-
and be stated 'bat ho had sold all his furniture, and
that there was no house for his wife or children to be
taken to.

Crose-estmi•ed—Her (deter went to Brighton with the
family In the autumn, and they used to walk out together.
Her sister, before the sepsration, had been abroad with her
hatband end other members of her family, but the wag not
aware that the first cause of her lister and her husband having
• dispute wee on immune of her slater going to catholic
churches and convents, end being in communication *Ph
pritsts!nd Dons... . - -

Mr. Hay, the plaintiff, deposed that he was on friendly
term with the family of the defendant's wife, and an ar-
rangement was made that she and her chlldmn should board
and lodge at his houm. He had charged for the accommoda-
tion at the rate of three guineas and a half per week, and he
considered this was a reasonable charge.
Mr. Austin, the attorney for the plaintiff, produced the
deed of separation and other documents referred to in as
case. He also proved that when the defendant left this
country he traced him through France to Switzerland, and
ultimately found him at Geneva. He then told him that It
was of no meaning him, tar be had got a thourend ponds
in his box, arid he was hero to-day sod gone to-morrow.
Cross examined—Witmer+ was the attorney in all the
actions that had been brought against the defendant In
reference to these tranractions. Ile had also twought an
action against the defendant himself fit pulling hie nom.
There was likewise a fifth action against him far the coats hi-
earred in preparing the deed of se station and otter matters,
and he had served him silt a writ in this laid action since
the dehodant bad been at Guildford.

Ata; elan of the ;a; fur the Mr. Baron
well suggested whether it would not ho • satisfactory mode
of settling all these disputes by referring the whole maitre
to some gentleman of the bar, who should have the power to
say what ought to be done.
Mr. Chambers mid be was sorry that his Imbructions pre-
vented him treat acceding to hie lordship's sengestion, and
the present action must at all events go to the jury.
Mr. James then proceeded to sum up the awe of the
plaintiff, and he said it appeared to him that the awe was
entirely an undefended one, and he repented his merles that
any one M the pada= of the defendant should have allowed
each en legally to take place. He said that it had been
clearly made out that the defendant, forgetful alms poeitioe
in society, end of the feelings of a men, bad treated his un-
happy wife in a moat brutal and unmanly manner end the
oaly memo that wee attempted le be made for hi :conduct
was that his wife had endanned the Roman motion° faith.
Supposing even that this were an moms, there was no doubt
Yet he had himself first twilled IMen its notions into bar
bead, end tie natural consequence had followed, and he pet
it le Or jury whether it was at all eatraordiaery that she
Amid Mee token such a step when she had Knelt an mem*
:Ern clergyman before ber,om who talked of Itevlag
el mar, sad eiteded to adultery as flirtation ? The
werst ceeeleied by stating that It appeared to him
the ph rtig's age bed been clearly established, and that the
may mew tlist meld be made for the defendant was, that
be sea Est et semi Wed.

Cliarlines mak a ;ery eloquesteed ebb apse& to tbe
jag se beiblf of the defendaat. He said that It peered to
Ma thee lb barged friend had esdieavor- to lead
am bray leo the real question at bees, sad by
be bia b herd word* sad 'basin the Ishwiest bsd
ailerreveld to Wee. those totem le • aeatimies eseitery
MV to the bw end the beta He ahead, allterebre, en.
demob to lay the real lurid iota balm theft; and to the ant
pima le would tell I Lem whet the law wee with regard to
these =happy quern le buena as.. sad wife, sad if ha was
silp would correct blab When it man sod wife
Muspeeete, It did out follow bellies matter of course
thee des lbw had say p.wtr to pledge the credit of her
babsed, last Y she had sulticent =SIN to support herself
els was baud by law to do sad she was sot entitled to