The Express.
London, England, 1859-11-22 00:00:00

COURT OF COMMON PLRAS.—Noy. 91.

!Wisp in Benno.—(Bercee Lard Chief Justice Erie end
Jambes end Crowder.)
THII WOLVERHAMPTON /MP WATERWORKS COMPANY

IIAWLSPOIRD.-41ALLS.

The plinth& claimed to Nome sum of money for calla
on celesta thane in their company, but the defendant con-
tended that his name must be on a sealed reenter of sh►re-
holders Wore be could thoome liable for oath ; and further
that all or some of the documents purporting to be sealed
registers In this caws were not made out in proper form ao-
cording to the set of parliament.
The court took time to consider the matter.

COURT FOR DIVORCE AND MATRIMONIAL
CAUB/18.—Nov. 21.

(Before the Judge Ordinary, Mr. Justice Wightenn, and Mr.
Justice Bytes.)
MACDONALD P. MACDONALD.

Dr. Phi Elmore, Q.C., and Mr. Coleridge appeared on Sa-
turday in this car, which was • petition filed by Mrs. Ag-
nes Ann Spottiewood Macdonald for a dissolution of her
marriage with Lieutenant Malcolm Melville Macdonald, for-
merly of the 27th Haat India Company's Regiment, oa the
pound of adultery and desertion. The marriage had taken
pros on the tad of October, 1847. at the house of Sir lame*
Oatram, at Barroda, in the Bombay Presidency, where the
petitioner, who was then about 18 of age, was on •
reit. Fora while the union to he a happy one, but
the reapoadent involved himself in such pecuniary difficulties
that he was imprisoned six months in the Bombay
Geed for debt. His wife shared his confinement,
but in 18,52 he bent her to England. to endeavour
to raise fund. sooner bet friends to enable him to make an
arrangement with his creditors, and so to continue in the
Indian army. For a time he regularly corresponded with
her, but at last he wrote to her from Australis,
and their his triers ceased. After waiting for
several months the petitioner determined to go out in
search of him. When she arrived at Sydney he did net
come to meet her, but he sent a person named Gibbs to her
with • letter, which was written in a very heartless strain.
He afterwards saw her, but he neglected her so much that
she resolved to return home, and she bad got as far as Mel.
bourne la the Argo when he wrote her a penitent letter, and
begged her to come back to him. She did so, but his or•
duct was no better; and she was glad to accept • situation as
governor in the family of a Mrs. Ramsey. This lady
behaved to her with great kindness; she arranged that Mrs.
Macdonald should remain fa her hour in the portion of a
guest, and that her bueband should be at liberty to visit her
when he pleased and to ray stub her as long as be liked.
He never, however, went near her; but he emit many ex-
cuse to her, founded principally oa his pretended poverty.
Heard dud he could not walk to lbs. Ramsey's house (which
wee six miles distance from Sydney), sad he could not afford
to hire a conveyance. In one letter he expressed a hope that
he should be able to sell a grate, which he had in the aloe of
Mr. Thompson, with whom be had been in partnership, and
then he and he should be able to accomplish the Journey with
the rersasy. Hs never cisme, and this sort of thing went on
for • yew sad a half. At last Mrs. Macidoeald went to his
lodging', and there she found a letter which he had written
to a young pimp named Hughes. This Hughes was stated
to be the grandaughter of " Old Saxe Terry, the convict,"
sad to be the prewar of property to the extent of no less
teen 200,000 t. While the respondent was prof each
dire poverty to his wife be was taking this girl to
sad going with her to races in a for-in-hand. Finally,
Mrs. Macdonald, at the reorient of an uncle, returned home,
and had ever minas been living with hits.
Dr. Pluilimore tendered • number of affidavits which had
been sworn by partite in Australia, at the time the citation
had been served ; but as the permission of the Judge Ordi-
nary had net previously been obtained for resorting to suck
• mode of proof,
The court unanimously refused to permit the document* to
be nod.

11,71hi1l Ito or • then called the petitioner who proved the
ewe at desertion, and who appeared to be deeply affected as
she pve her evidenoe.
The other
.part• of the teas were established by the evi-
dent* of Nam General Bof/lt, Mr. Stuart Donaldems, Mr.
Willoughby (member of the Comma] for India), cod by other
whore evidehoe Lett ao reasonable doutt that Mr.
had cohabited with Hughes at Parsinatta and
Livespool. It wee stated that she had had one or two childrea
by W. • peat muster of hie letters were put in, in which
be patsesed the highest admiration of hia wile's many es-
t qualities, but he asked her—

" Is human love the growth of human will ?"
And declared that he no longer entertained his affection for
bar. In one part of the oorresponleoce he told her that he
wee entangled in 'a low amour ;" and in another he professed
not to care for any one else—a phrase which he subsequently
explained by informing her that he did not know what love
wee, that he cared only for himself, and that he would
" sell himself to the devil for 20,0001."
After some deliberation.

Sir C. Cresol,.ll raid the court were of opinion that both
Ingredient. in the petitiouer's cam bad been mode out. It
was quite clear that this unhappy lady had been deserted by
her hothead ; for alter her return from Melbourne she had
gone to Mrs. Ramsey's at hie desire ; he knew where she
was ; he had been invited by Mrs. Ramsey to come and see
her when be pleased, and hie wife wu shwa writing to
him, begging him to come to her ; but be always
refused. The court would be trifling with the
meaning of words if they did not call that desertion; nor did
they think that, under the cerctunaMnces, the return of the
petitioner to England, in order to live with her uncle, made
any difference. With regard to the charge of adultery; they
had, in addition to the other evidence, the respondent's own
adotimions in the letters whioh had been read. It was true
that he said that he hied no affection for Miss Hughes, but
the court could not reward that ; in feat, it might be quite
true that he had no affection for her, and wee only cohabiting
with her for the base purpose of enjoying her weelth. There
maid be no doubt that be was still living with her, or, at all
events, that be had been living with her till within a recent
period ; and the court would therefore dissolve the marriage
with costs.

ROWLIY 0. ROWLIT.

This was the petition of the Hoe. Mrs. Theresa Caroline
Rowley, wife of the Hoe. Hago Rowley, late of the 16th
Lamers, a son of the lets Lord Lansford. She Fought a die-
solution of her marriage on the ground of adultery, cruelty,
end desertion.

Mr. Wild, Q.C., and Mr. M'Queen, appeared for the
petitioner.
From the evidence of Me. Rowley, it appeared that the
marriage took place at Paddington in Janusz,. 1862, the
petitioser being the daughter of Mr. Bishop. of Sunbury.
Lady Strangford and tier husband, Mr. Guided, of Lin.
coleirinn-ltdds, were present on the occasion. The parties
went abroad after their marriage, sad it was alleged that
Mr. Rowley began immediately to illtreat the petitioner.
During the wedding tour be locked her op in her bedroom
at Boulogne from seven o'clock one evening till he came
home the next morning. He also beat her, and be prevented
her from writing to her friends. While visiting the field of
Waterloo he quarreled with her about emus trivial matter;
end after tearing bar own head-dressoff, he "bonneted"
her with his hat, which he forted over bee spas sad month.
He kept her in this position for • quieter of ea bear. On a
loamy from Mamie to Freekfort, he took • private com-
partment in the railway carriage, and monad himself by
Whine his wife all the way. Tao reason he alleged for this
conduct was that be pretended be had sea bee looking
at some one at the station. When they reached the hotel at
Frankfort, the petitioner asked for a glass of water, but
linseed of giving it bar, he forced • spoonful of salt deem her
throat. The, added to the treatment shaded previously wt.
degoos, mused herb fall in fit that lend seem hours.
Travelling from Straeburg to Paris, he prevented her from
bowie( the diligent* for twenty hours. At Paris
be threw • heavy dressing-cass at her, which
struck bar on the side, and hurt her very much. At
he cut off the whole of her hair hennas
ihi'dZieshe prized it, and she had in consequence to
wear • wig for some time. Soon after the., when she was
very W, he ordered her to get up. She retuned, and he tried
is pull her oat of bed. She then ran down to the servants.
He followed her, and taking up • meat chopper threatened
to strike her with it if she did not return with him. Tbs
servants had to interfere. She was extremely ill on that
Occasion; but he tried to prevent her from having medical
advice. In 1863 he took her to Dondalk, where his regiment
was quartered, and while there he told her that his brother
officers had held a sham court martial over him, because he
had boasted of beating her. This led to his leaviog the army,
not, however, this mimeos bad heard, before the officers d
the regiment bad inflicted personal chaetisement upon him.
The cohabitation continued till the 24th of May, 1868, the
respondent constantly looking promises of amendment, but
saver keeping them. On that day he left her in Upper
Bsekeleyotreet, informing her that be was going to New
Brighton, and ohs never heard of him again until quite
lardy. The adultery was charged to have been committed
with • widow named Green, with whom he had lived openly
at Ipplimen, in Devonshire, as man and wife. Mr. Rowley
took the house io which they lived in the name of Mrs.
Lewis, Mrs. Green's mother, and in a correspondence which
he had had with the leases on the subject, he made particular
inquiries about the quality of the shooting and the proximity
of the church. The cohabitation continued until the death
of Mrs. Green, with whom he appeared to have lived to very
afsekmate terms.
The court said there could be no doubt that the whole case
was proved, but it was only charitable to suppose that Mrs.
Green believed herself to be really the wife ef ths responded.
The connection appeared, from the evidence., to have been
kernel In Scotland, and they all knew how easily penmen In
that country might, until lately, have been induced to 'oppose
that they were legitimately wedded. The marriage must be
deeded with oasts.