The Express.
London, England, 1861-03-05 00:00:00

COURT OF PROBATE AND DIVORCE.

MARCH 4.
(Before the Judge Ordinary.)
BRZWIRTON r. BRZWIRTON AND WOODLZT.
This was • suit for a divorce on the ground of adultery
and the respondent pleaded a denial of the charge, and re
criminated with so allegation of cruelty.
Mr. Serjeaut Pigott and Mr. Serjeant Wheeler appeared
for the petitioner; Dr. Phillimore, Q.C., for the respondent;
and Dr. Swabey for the 00-respondent.
The petitioner, Mr. John Brewerton, a plumber, at
Hulme, near Manchester, married the respondent, then
Agnes lrewerton, in 1845, and had had eight children by
her. Latterly she had taken to drinking, and notwith-
standing the most liberal offers of presents, in the
shape of dresses and other similar matters, which
were made her by her husband if she would leave
off this degrading habit, she continued to indulge
in it whenever she Mid an opportunity. On the
24th of August, 1859, Mr. Brewerton left home for
three weeks, and on the next night the respondent
was visited by the co-respondent, a sergeant in the Manches-
ter detective police force. About eleven o'clock she sent
her children and also her servant, Mary Dean, to bed. Dean
stated that she heard Woodley, who had been supping with
her mistress, go away. Much to her surprise, however, she
soon afterwards heard him return, and on going to listen she
heard a conversation about gin. The respondents were in •
back parlour which communicated by • window with the
kitchen. They bad turned down the parlour gas, bet the
light in the kitchen was burning, and the witness could see
what was going on with the utmost distinctness. She called
out "What the -- are you about' Are you making the
house • brothel?" Woolley left the place as quickly as lie
could and a short time after the respondent went up to
Deans room, and an altercation ensued, in the course of
which Dean said she would leave the next thy. Mrs.
Brewerton had been drinking all the day. Dean lost no time
in communicating what she had witnessed, and Mr. Brewer-
ton's partner, Mr. M'Cleary, wrote to him, informing him of
what bad occurred. At this period it was not known
who Woodley was, but soon afterwards he was
aimed by Dean. He was sent for to the petiti:els-
lattorney'a. At first he denied that he had ever been at
Mr. Brewerton's house since a robbery of some lead,
which had taken place some two or three years before.
The statement of Dean was then repreate to him. bnt
again he denied it, and offered to prove and alibi. Even-
tually, however, be signed a written confession of every-
thing but the actual fact of adultery, attributing the
blame wholly to Mrs. Brewerton herself.
The only evidence on behalf of the defence was the ed.
mission of • witness that he had seen the respondent with
a black eye, which her husband had admitted that he had
given her for being drunk. This was in 1h57, and the
cohabitation continued without interruption till the occur.
ream which formed the subject of the suit.

Dr. Phillimore applied to the court to dismiss the co-re.
syondent from the suit, iu order to permit him to give evi-
dence.

Sir C. Creswell certainly thought that the written paper
signed by Woolley, coupled with the other facts deposed
to, was evidence which he must submit to the jury.
Mr. Serjeant Pigott, Dr. Phillirnore, and Dr. Swabey
having addressee the court, and Sir C. Creswell having
summed up.
The jury immediately found a verdict for the petitioner.
The oonrt then made a decree nisi.
Dr. Phillimore prayed that some small provision might
be made by the petitioner for his unfortunate client.
The court could see no reason why the respondent should
remain a Wide° upon the petitioner. Here was a woman
of 40 years of age, who had been treated with kindness by
her husband, who hail nevertheleme, in spite of remon-
strance after remonstrance, continued to indulge in the
filthy vice of drunkeuueas, and who had crowned all by
this flagrant breach of every matrimonial duty. She must
be content with such provision as the law made for her.
Dr. Phillimore—And that is noun, my lord.
Sir C. Creswell—There is the parish.
Decree accordingly.

COURT OF BANKRUPTCY.—MARCH 4.
(Before Yr. Commissioner Goalburn.)
IN RE PITCHER.

The bankrupt wu described as a trunk and packing-case
maker and builder, of Raven-row, and South-street, White-
chapel. This was the certificate meeting. Debts, 1,785/. ;
assets about 1501. _ _

Mr. iiiidauiWas for the assignees, and Mr. Lawrence
for the bankrupt.
Mr. Pennell, the official assignee, stated that the assets
had not yielded sufficient to pay the expenses of the court.
Mr. Linklater said that the bankrupt had been fortunate
enough to get his father to make him bankrupt, or he must
have gone to the Insolvent Court. In little more than
twelve months' trading he had contracted debts of upwards
of 1,70 W. Against gross profits of 1,030/., the trade ex-
penses had been 1,930/. ; a large kw had been incurred in
realising the machinery, and the bankrupt had gone on
for some time after he must have known that he was in-
solvent.

His Honour remarked on the extreme facility with which
persons in the bankrupt's position were able to obtain
credit.

The bankrupt said he had been in business six years, sad
was well known to his creditors. He had lived in the same
house 17 years, and had always paid his way up to 1859,
when be got engaged in machinery, and began "at the
wrong end." (Laughter.) Afterwards, a machine which
bad cost from I'2ol. to 1501, was sold for Ti.

Mr. Lawrence relied on the good book-keeping as evident*
of the bankrupt's integrity.
His Honour thought the case one of recklessness and im-
providence. The bankrupt had gone into a business for
which be was wholly disqualified, and now the creditors had
to pay for his blunders. As there was no evidence of in-
tention to defraud, the bankrupt might take a third•chm
eertideate, after three months' suspension.

IN CZ C. T. CREINIIAN.
The bankrupt was a ooal•merchant, of Kinda•road,
Brighton. This was the examination meeting. The ac•
counts, prepared by Messrs. Hart Brothers and Bayles,
extend over twelve months prior to the failure in January
but, and show liabilities of 2,2761., with assets stated at
upwards of 1,8001.
Mr. Lawrence aid the assignees required time to examine
the &connote., and asked for an adjournment.
Mr. C. E. Lewis, for the bankrupt, consented, and an
adjournment was ordered.