The Express.
London, England, 1857-06-22 00:00:00

•
conclusion of the ease, to bear athat for the infringement of
a patont, which next came on, arid on his lem mg every
person in the court rose.

COURT OF COMMON PLEAS.
(Sittings at Nisi Pew
aln Iffiddlesea.—Before Mr. Justice
Crowder anal • Special Jury.)
ARMITAGE V. MC DONALD.—CRIII, CON. mom)
This was an action of erim.conaind the damages were laid llzfor•
at 6001.' the only plea Sea not guilty. pair of
Mr. Pedant Biles Mr. Bovill, and Mr. Pulling appeared Propel'
for the plaintiff and Mr. Siejeant Shee and Mr. reteradorff eirmit.
for the defendant. Mr.
Mr. Serjeant Byles said that he had the honour to appear u of Ala
counsel for Mr. Armitage, who was a solicitor not new en use- • disa
tire, but who was in practice in India down to about the year `•••
1814, he believed in Bombay,
_and he returned about that Primn
time to England, having realised an humble competence and ni kis
no more. The defendant was the lion. Homy
McDonald, and he was • gentlemen of high rank in the army Prism
jg*,agn,,,,,,,,geid mean,
and aide-de-camp to his Royal Highnera the Commander- never i
a
In-Chief. A great demi had been lately said and written vlo= I
upon the subject of actions of this kind, but the was not the lib >m
too., I
place to discuss the matter; and if it were, he must un-
feignedly confab his inability to offer any opinion upon the Dm' •
subject. As the law at present stood no gentleman who had Fosf,
received an injury of thin nature could obtain's divorce • P."
from his wife without Bret bringing an action of ni•••3
this kind 'and submitting his case to a jury, but how long 1•11"l'
that might continue the law it was impusible to say. The ""i'
matter was now under consideration, it was one that touched Pm"
the very existence of families, and it was ano less important Tb
question for the legislature than the reform of the go-
vernment under which we have the happiness to live. The
plaintiff wee married in October, 1847, to a young lady ROC
of the nese of McDonald, who was then resident with her
mother at Inverness. Though the mother had at one time
kept the Royal Hotel, et Inverness, the family was well T
connected, and all the members of the Bundy attended the Red
marriags. There was a considerable di parity of age between of m
the parties, Mr. Armitage being 37 and the young lady 17; Mel
but abe, however, had manifested the greatest affee-
lion towards the plaintiff. He should show by for M t
her own brother that they married under dream- Delo
stances which, notwithstanding the disperity of age, brim
promised • happy union. The facts of the ease were had
extremely peculiar, so much so that though he had had the T
honour of standing at that bar for ninny years, he did not mrs
remember any cue like It. For some reason, which he was
unable to explein—for her letters to him showed gnat area
boo this young lady would not allow to her husband
forbearing vilegea of • husband. Degree conduct was kind,
nd generous to a high d. He should prove,
by laying her leases before them, that she returned it with
the gratitude that was really due, but notwithstanding that
she persisted In her nest extraordinary determination. The
coneequenee was great unhappiness on the part of the plain-
tiff, but he prov Med for her a house under these circum-
stances with hie brother, a clergyman, who re-
sided at Families...la in Herefoire. He would
by these letters he had mentioned before them. and the
lair infuriate from them—extraordinary se it might appear
—was what be had stated. He would call their attention to 7f,
ono or two peerages in some of those letters. There was
one as earl - se the 21st March, 1848, in which she most
positively ' to live with him, end said she would
rather bog her bread. She was evidently attending IN
to some persuasion which his relative, Mr. Olen- ft
'written, had endeavoured to exercise over her. She
said, ' I will write to you every week; but j
to return to the subject, I would do anjthing that j
Mr. Oleumoristan wormed, for he has always been our
kindest friend, but to live with you at present is utterly Im-
possible—l would rather die fest." Again, • T on
will see the utter impossibility of our t!nliving
together at present, believe me your affectionate
Ink Annie Armiege." He asked them whether
in the whole) course: of their, 'amebae* they ever heard
such a letter Pes that In another lather In April, 1848,
• I received your very kind note, and helm to newer it ea
the post is going away. lam muck obliged =zit:
rthe
booic yen sent zee *loofa ordering the Wet (a_ bent).
I And be very vouch obliged if yea wadi ha the to
awn the cloth oome over the meet. I think they call it
'letstyle. —Believe me you athelismate was, Annie
." Thee were erred ether lettere of the same
llha sAed far a wetly Pence veil, nil desired that
It deed& be worked ea Serb idea sail that it and he of
Maids Moe. In one haw she sad that she needed to
faith all lm deities es a erlde, and an August 6, 1856, she
aft,' tt I will do all I sea le please I neer I have
bra lassam, sad done meg thing!, wheat I am
gam her mal igen In flyeaseber„ 1860, ' I will try and
) be se imenenal es gamble, sod I wth do all I can MiSsee
=l,in I p nee" Oa Ithelemberth—. I are to
the Wiles a eel el Ostsber. whin I shall I
as te pen end men yea eadoriebe and Itapw.".
On Oaiober 11, 1850—" 8 leave received yaws very - MA
hen. It we fxwarded here from Fort higngns. I
het nip ewe obliged to you for all pen Ithrinsee,
ltd am Mend le hear Rad yea are well seple." This
=Om dna to the Whir nal el IMO, of awn=
as id brt bathed eftegetbse, and he wee
=die to 411•••••• IN • lag time whet bad nein of bit.
DIMS wee leepeeten IN them le hew in slat On has
that dm Seim to this lour he was not ante et ewe
insimeed unkhodnas or isamoper treatamatn bar
Re basil new her, in 1861, la theseenint held dent-
tenni hint
_dated by the rideable'. Oohed McDonald
thet ei One had apartments in the Atheiwoni by Aim-
ten were No. 6C. second door. He diode *tow that
the ildenbat went to visit her at her Ingthip, ad ihe need
he Addled the Albany. He shouldebow her with linden
1 thins 6te 6 edeck in the afternoon until 11 ma n a Arm,
endletens pawing between there, end cireausbams üßieh
i wadi ban no doubt in their minds what the mature
et the Intkeicy was between them. That intimsey_cesitinned
hew 11161 and 1864. In 1864 Colonel theedanald left this
estuary IN make ha the Crimes. The troop started from
, the Seek-Loos Railway statics fa the speng of ISt*
assenthen don the middle of end it wee Impossible
met to ay thee
idAd arm a most effecting del". There
IMO • ',his dmg leave of husbands, deters of
belithea, hews d their betrothed, with a too true
in army ern, that they were taking
=.1.11.4f the. eimmandng have. The defendant was
dose, NA sweesi:ehreeme who went to take leave of
thibTraitega‘lim the sheedit whir ona the pla was
tform; "Z.
weineed the bladed, he leek ler up in Its arms end
kind hw ever end ever again. She was deeply
alholith id amen le get into a saloon candage, in
width IRO need an either of high red in the army,
i vier aim be seed ale mention, and whose statement
. Meath nil IN hared friend had agreed to receive as
erkkese, she took her pocket-handkerchief and threw it
thee the meriege, sing, 'There. Jemmy—there is my
meddle( peeket-handkerchiet" The defendant returned
then hammy, 1856, and a soon as he returned the
: Wong between himself and the plaintiff's wife
re d. He constantly Mailed her from time
feline, ad at length she became in the family way, and in
the yew 1856 the child was born. (Ibe leaned ',giant
ens abed to reed the certificate of *item to show the name
in whisk the child had been baptised, but hie lordehip
inhumed that the document wee not evidence.) the fol-
lowing vitae's= were celled.
Mr. C. J. Mc Donald, brother to Mrs. Armitage, spoke to
the amiable terms as which Mr. Armitage end his wife lived,
and to the circumstances under which the marriage took ,
place.
Mr. G. J. Shaw plaintiff's attorney and cousin, the next
nurse, gave evidence of a similar description, and alas
described a meeting between Mr. Armitage and his wife at a
theatre. Mrs. Armitage was with a gentleman who gave a
false address. She taped while the plaintiff
and the gentleman were talking. A cabman bad stated
that he took her with an elderly gentleman to Lord Aber-
deen's house, in Argyle-street, but the porter there raid she
went in at one gate and out at another. The plaintiff told
witness that he believed his (plaintirs) wife was under some
monomania with regard to him in not acting as • wife.
Mrs. Emily Pugh, an acquaintance of Mrs. Armitage's,
deposed to the numerous visits of the latter to Colonel
Macdonald. Witness need to accompany her to the door,and
wait for her In a private house In the neighbourhood. On
the occasion of the departure of the colonel for the Crimea,
the lane kissed Mn. Armitage at the railway station " very
affectionately." Mrs.A.rmitage was very much affected.
The statement of the distinguished peewee which had
been alluded to was read pertly and then had up to
bis lordship, it being arranged that no name, in it should be
mentioned. His impression was, that the lady who came to
the carriage raid "Hod bless you," and threw eometbing
Into the carriage.
Mrs. 8. Esredon, at whose house Mrs. Armitage had
lod _
_said that the latter was sometimes celled Mrs.
McDonald, and that Coked Meedonald celled three times
to see her. Two or three other gentheuen, who menhir
l' nods,' had also called upon her.
Me,. 8. Onley, a lodging-house new in Stanly-serset,
Chelsea, spoke tovWts to Mrs. Armitage an the port of
Colonel Macdonald
after his return from the Crimea, at wit-
nese's house. Other gentlemen had also called.
Dr. Clark stated that in May. 1856. he attended Mrs.
McDonald in her condnement, at 12, Little Staahop .street.
She was delivered of a son.
The case wee proceeding when our report left.

;34p; 17:11
iy of

Loa ie
CISE.II.

_
officol

vnttlinto c

le hula

Yd I'o .1

This ml
met In Rap

were called
=atteo had
of the pe
Hearne',

AND!
close!
Mr.
,ocn
Bul
Itaffei

COURT OF EXCHEQUER.
(Sohn Mr. Bona Martin and a Spada July.)

thtrade
which
ford, it
Palma
Kirby
atom.
over th

lit
*°,4

Mr. Setisset Bel Undue, Mr. Joyce, and Mr. Doyle wet,'
for the
t. plaintiff ; and Mr. Lush mid Mr. Sleigh for the de-
fee
The pkhltilf, the Secretary of the Samaritan Institution,
West-street., Smithfield, brought this action to recover
damages for slanders spoken by the defendant, a
guardian of the West London 17tdon, before Kr. Alderman
Carden, at Guildhall, end also fora malicious prosecution
anbasquently. The whole matter of the statement before the
magistrate in November last has to be examined into, because
the defendant hes pleaded that the words spoken were " true
in substance and in fad," end the rem will, therefore, last
ell day.

COURT OF BANKRUPTCY.
(Before Dlr. Co"-aaser Oesllxpera.)
1K ItZ 1. 0. 00110011.
The baokrapt orse a anyeater ea Wilder, ef C
Ina Nese. This was lbe eldeloolles imestlag.
Wk. Olft, ix the ezipaselei Net 00 00
Wilma , eel mid he ea dos dix,
yes mind, We peeelleh is a peels&