The Express.
London, England, 1861-05-24 00:00:00

EXCHEQUER CHAMBER.—Msy 23.

The learned judges of this court assembled this morning,
for the purpose of settling the days for the sittings in error
is cases from the several courts Cl common law.
_ .

The Lord Chief Hume announced that would
take srrors from the Court of Queen'. Bench on the two
int days after term, Thursday the 13th and Friday the 14th
of June ; from the Court of l&mmoo Pleas on Saturday the
1511 and Monday the 17th; sod from the Court of Ex-
chequer on Tuesday the 18th and Weduseda, the 19th. If
it were neoessary there should be further MMus, their lord-
ships would appoint the days.

COURT OF PROBATE AND DIVORCE.
MAT M.

(Before the Judge Ordinary.)

HITCHCOCK V. HITCHCOCK.
This was originally& snit for a dissolution on the ground
of adultery and cruelty, but the former charge had been
dropped, and the petitioner merely asked for • judicial
separation on the latter ground.
Mr. Serjeant Ballantine and Dr. svrabey appeared for the
petitioner; Mr. Hawkins, Q.C., and Dr. Spicks for the
respondent.
The petitioner in I&'t6 was • widow, and was manager of
the St. i ;Corse. Hotel, Knightsbridge. The respondent, Mr.
James Tomlinson Hitchoock, a farmer at Northolt, Middle-
sex, had also been previously married, and had several
grown up children. The parties having become acquainted
with each other the petitioner left the hotel
and went ioto lodgings for • few weeks, after which she
was married to the respondent onothe 27th of September
in that year. The union soon proved 71,1,7 py. The peti-
tioner beasme seriously ill, es she all in consequence
of the dampness of the farm-house, and s e stated that her
husband used her very unkindly. He supplied her with no
money, and there was little to eat except boiled bacon. In
March, DM, ho best her, kicked her, and knocked her
down, beams° she had given a farm servant named Barber
his dinner before him. She said she would fetch • police-
man, upon which the respondent threw her down, and
dragged her along the Boor by the hair of her head. He then
locked her in a room, where she remained three hours, and
had at last to break open the door. She took out • sum.
moos against the respondent for the assault,
but on his asking her pardon she forgave him. On
another occasion she had • quarrel with him
about • woman named ',Alward*, the wife of the
carter, who had couiplained to her about her husband's
familiarity with her in the field. The respondent said that
she was no wife of his, and that she was only • paltry ser-
vant. On the Ist of January, 1857, when she told him that
he ought so lo as much for his sou John as he had done for
his son-in-law, Mr. Drinkwater, he raid that be would not
allow her to dictate to him, and threw her out of the haw.
She then went to the workhouse, and remained there for
some time. Wm seriously ill, in consequence of having
walked to Hillingdon in the rain. Afterwards returned
home, bet his conduct was little better. One night, when
still veryill, she fell out of the bed and slipped underneath.
Her husband lay down and kicked her ,• after which his
carter and his carter's wife put her into bed. In 1149 he
allowed ha eon to apply opprobrious terms to her in his
presence. She afterwards left him, and obtained &situation
as bar woman at the Duke of Kendal, in Edgware-road. One
day he came there, searched her boxes, and beams she re-
fused to give up a newspaper which contained an account of
an affiliation case in which he was the defendant, he tore
her dress end kicked her on the ankles. On oroes-examina-
..

tioaiceresp;Zut tiel;2Z Th;t7heiind Wee—
t7.l;7s-670
guilty of sudeuee or drunkenness, and denied that she
had ever had brandy at the Plough lan, Nartholt.
following letter written to her by her husband, was put in :

"January 17, 1860.
" Dear wife,—l think you have taken the advice of bad
people long enough now. You must know you are doing no
good for anybody but the lawyers ; I would sooner give
your poor brother 201. than gin the lawyers twenty
pence. I still love you, and I am unhappy
without you. I blame other people we than you.
What can you be thinking of to punish yourself in the way
you do? Pray opine to your poor husband, who still loves
you, and you know what all the world is to him without
you. lam sure you will like your home better than ever,
and so shall I with you. Pray drop your poor husband a
line, that I may know what to do.—yours ever,

" J. T. lisicficocx."

On behalf of the respondent, Mr. Hawkins contended
that the fault was all on the petitioner's side. Having
married • man who was much older than herself, mad not
liking his farm so well as she expected, her whole object
had ever since been to extort from him a separate mainte-
nance. The teamed gentleman then called
Mr. Hitchoock,who denied that he bad ever struck or ill-
treated his wife in his life, whereas she had frequently used
violent language to him, and bad thrown things at him.
On one occasion, when he came home be found Barber
getting his dinner, and remarked that he might have waited
till his master bad been served. The petitioner thereupon
called him an old wretch, flew at him, scratched his face,
bit his lip, and tore his shirt. In 1857, when respondent's
daughter wee ill at home, petitioner quarrelled with him,
and took herself off for eight days. She used to go to
the Plough all day, and cone home at night tipsy and
abusive. 1/id not throw her out of the house on Ist Ja-
nuary. Merely told her that if she could not keep quiet she
had bettor go. She then jumped out of the house and fell
down, calling out, "That u what I wished you to do, you
old villain. Was summoned by the parish officers for
turning her out of the house, and the charge against him
was dierniseed. Brought her home ss soon as she could be
removed. Never kicked her at all; but on one occasion,
while she was ill, she refused in a fit of obstinacy to get
into bed. Instead of doing so she got under it, and by di.
rection of her medical man, who was present, she was drawn
out and made to lie down ; but no greater force wee used
than was absolutely necessary.
The evidence of the husband was strongly corroborated
by several witnesses, and many of the wife's allegations
were flatly contradicted.
His lordship summed up the case, and
The jury, after shout two boon and a quarter's clobbers•
tits, found a verdict for the respondent.

HERD AND ANOTHER V. HOLDNTOCK AND OTHER&
This was a cause of proving in solemn form of law the
will of Mn. Mary Ann Hall, late of Copenhagen•street,
who died, at the age of 80, oa the 25th January last, leas.
ing the instrument in question, dated the 16th of Jose,
1860.
Mr. Manisty, Q.C., and Dr. Spioks, appeared for the
plaintiffs, the summon ; Dr. Swabey for the defendants,
who were next of kin. _

TM &Meeting witnesses having been examined,
The Court decreed probate.

CRTNTAL PAL K% - ONH SHILLING DAT. -
TEOINNIAT. MAT 23. —Adoiriss as poomoat, 6,251 ;
ditto by moat WEI% 1,061; total, 7,31/