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

THE EXPRESS, SATU RDAY EVENING, AUGUST 7,185 g.

make her butinuld liable for the cost of her main-
tenance. He then referred to the evidence as to the Col24i-
ti,,n of the parties, and said that there was nothing to show
that the defendant had an income of a thousand a
year, but on the contrary it appeared that the utmost extent
of Lis means was not more than four or five hundred a year,
and out of that sum he would have to maintain and educate
his children and bring them up. It had been proved that
the lady received 16C1 a year from her father, and this sum
was made up from other sources to more than 1801., and he
submitted that this was quite sufficient for her maintenance,
and that she had no right to incur an expense of three
guineas and a half per week, and then seek to recover
that amount from her hush ‘nd. He then proceeded
to comment upon the hardship of three separate mo-
tions being brought against the defendant, and he said there
could be no doubt that the family of his wife were at the
bottom of the whole proceedings, and that the present
plaintiff was merely put forward to act in that capacity, and
that the object sought to be attained was the ruin of the un-
happy defendant. He was unwilling, he said, in this or in
any other case to enter into a discussion upon religious
matters, bat on the present occasion he was bound to state to
the jury his impression that the course this lady bad taken
on becoming. a convert to the Roman oatholic re-
ligion, and in associating, while abroad, with priests
and nuns, and attending Roman catholic places of
worsbip, had been the original cause of all the
tinhappinces that had taken place, and he put it to
the jury whether anything was more calculated to excite •
Ctigtaat elargymaa
then to ll:dhothat hiii:wiftelyheadateermtaiaad
beacer:et
he sioeoelved to be an erroneous creed, and that she wee et-
deavouring to bring up his children in the same doctrine.
The learned counsel then went on to oomment upon the evi-
dence, &Weald that if the jury believed that the defendant's
wife at the time of their separation was in a condition to
maintain herself, the defendant was entitled to a verdict.
Mr. Baron Bramwell, in summing up, said that al-
though the case had lasted a considerable time the
real question at issue, he should have thought, might hays
been disposed of in a very few minutes. They had nothing
to do with the manner In which the defendant behaved
towards his wife, or with high church or low church, or
oatholidsm, or anything of the kind ; and he might observe
that in his opinion every one would do well to endeavour to
make himself a good Christian, sad leave the particular shade
of Christianity to which he belonged to be settled afterwards.
The only question for the jury wee, whether the defendant
was liable to ppaay for the rapport and maintenance of his wife
upon the helots them. In law, when a husband
turned his wife adrift—and it must be understood that he did
not intend to make ass of that term In an offensive

manner—but when they maparstal by consent if the wit.
had no means, she was not permitted to starve, but she was
allowed to pledge her husband's credit for her support ao-
cording to his position, but ohs was not permitted to do
more. In the want case the defendant was proved to have
told his wife that he had no home for her, and she was there-
fore compelled to provide for herself, and the only question
in the cause was whether she had done so in a manner that
was snot justified according to the position of her husband,
or not, and if in their opinion the charge of the plaintiff was
s reasonable one under the circumstances, he was entitled to
a verdict.

-
The jury iturcediately returned a verdict for the plaintiff
for the full amount.
Mr. Cook applied for speedy execution, and hie lordahip
granted the application.

THE POLICE COURTS.

BOW-STREET.

In the cue of the .abrOateh;rieti with hocussing and
robbing a young woman who had hired his cab, William
Hall, ostler at the Gregorian Arms, lemma-street, Bermond •
say, was examined after our report left yesterday. He
said—l remember the primmer coming to our house
on the Tuesday night. I watered his home, and
maw the prisoner talking to a lady inside the cab.
He went In to get some gin, and brought out two
gleam. They were in conversation together for a
quarter of an hour. She appeared to be in liquor, and was
asleep when the cab first drove up. He stayed there kneeling
on the footboard while talking to her. I did not hear her
spook. He gave her some of the gin. Afterwards he went
In sad got some more gin, and gave me some of it. He then
ailed as if I would like to earn a Cowpony piece ? I asked
him how? He said he wanted me to drive him and the tidy
to London-bridge, as he was going Inside with her. I told
him that I could not get away from the business, lie asked
if I °mild drive them as far as the Dock Had ? I told him
I would ask muter's leave, and I did so, but be refused,
and I told the prisoner I was engaged. He then got into
his seat and drove towards London. bridge, lie had told me
that be area paid his fare from Holborn to London-bridge,
but not beyond that distance.
By the aaw the lady give him something which
he rid was a ludfpenny, and I baud him say, in answer to
something which she said to him, " It is not a shilling."
I did not see who held the glass of gin. I did not see hr
drink it, but I know he bad only one glass; so she must have
bad the other unless it was spilt in the cab. I did not hear
her otter a single word.
Cross-examined—l sow him bands glass of gin Into the
orb.

troubßy
le. Mr. Sheen—He gave roe a glees of gin and 3d. for my
Mr. Henry—How far is Dark lead from your house ?
Witness—Rather better than half • mile. London-bridge
is • mile and a half from our house. He said he wanted to
ride inside the cab along with the lady.
James Persons examined—l am a cab-driver, and live in
Dudley-street, St. Giles's. On the Tuesday night in
question I saw the prisoner In Broad-street, Sr. Giles's,
between ten and twelve o'clock, opposite the harbor's
shop. I did not know him before. Hebd a young woman
with him. He asked me to lend him a hand with
hie friend, as ha had engaged a room end he
wanted to see her all right. She appeared very drunk. I
helped him to get her morose the road, and then be said he
had engaged the room in George-street. I said, " If she is
a friend of yours, it is not a proper place to take her to." and
I advised Lim to take her to a coffee-house, if be did not
know her lodgings. He replied, I know the place very
well, and lam taking her there for safety." I repeated that
It was not a proper place, and again advised him not to take
her there; for if he insisted I would not help him say fur-
ther. I then left him, but I watched him, and law him take
her into a bowie three or four doors up George-street.
Cross-examioed—He did not eay that his reason for not
taking her to • coffee-house was that they never admitted
drunken people. Ile did not say that she had refused to be
taken to the station-hour. I advised him to take her there.

This being the case for the prosecution,
Mr. Henry said he presumed that Mr. Sheen intended to
prosecute at the sessions, as it we a very proper case for the
society which he repreeented.
Mr. Sheen intimated that such wee his intention.
Mr. Lewis addressed the court at some length for the Ri-
mer whose &feriae, be contended, was more than half
proved by the witnesses for the prosecution. The girl Bsny
who began by imprudently drinking with the cabman, had
no doubt consented to spend the evening with Dian, drinking
at different public-houses, own she bemuse helplessly drunk
and necessitated all that followed. At the proper time he
should move, by witnesses, that the prisoner took her up in
Holborn, and therefore it wee possible that she had been in
another cab previously, for none of the witnesses who PAW
Barry get into the cab at Islington had identified his client, as
the driver. He ridiculed the ides of a men dragging a glom
dale at a moment's notice, and suggeeted that the prosceu-
trix, having got into a scrape, had concocted this story in
order to appear limoieless in the matter. As hie wore..ip le-
solved to sand the case for trial he would not call his wit-
nesses et the present tap of the inquiry, bat he hoped his
warship would admit the pri.ooor to had.
Mr. Hurry-1 shall not admit him to bail.
The prisoner wee then committed foe trial.
MARLBOROUGH-STILE/3T.
- - _

Joel before the rising of daubing young fellow,
of atria 26 or 28, evidently intoxicated, marched into court
in a very pompous style, erel, taking up hie position in tbe
prieemere' dock,said he wanted particularly to speak to the
marte.
Beadon, pointing him out a nearer place less Toa-
dy conspicuous than the one he had selected, asked
,'n-
sera
nainessP
The applicant, shifting hie quarters and mounting the
whore-box, said he wanted • summon. 'Owe a cabmen for
' abuse, which he, without the slightest reservation or apology,
though they consisted of certain filthy weeds, repeated.
The magistrate, with much suavity of manner, advised the
applicant to make his request the following morning; upon
which he became exceedingly Irate, sod Insisted on the aunts
mons being granted immediately, for he was going fifty miles
in the country and could not be delayed. Why could his
basher not be settled (ha added) at once P
The magistrate told him, if Le iodated on knowing, in
plain language it was because he was net sober.
The applicant, on hearing this, got into a violent state of
passion, told the magistrate he was himself druek, and,
calling to a friend, who it appeared bad accompanied loos
and was standing conveniently near the door, but who was
sober, to come and smash all the windows in, the magi.-
lade, who at the first show of violence had ordered him to
withdraw, instantly sow called upon the officers to remove
him from the court, yr !filch they did, not, however, without
the utmost difficulty, one of them getting his hands much
grazed in doing so. Finding, when downstairs, that they
would it be did not leave the premises lock him up, his
friend, who had seemed afraid of him, took courage, and
partly by pervusaion and partly by force got him into the
cab which was waiting for him at the entrance, end they
drove away.