The Express.
London, England, 1861-06-28 00:00:00

LAW INTELLIGENCE.

(THIS DAY.)

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordiesry.)
COM% V. COAPE.—ISPICIAL Juar.

Mr. J. Neale and Mr. G. Browne appeared for the peti•
tioner ; Mr. Mereweather for the respondent.
The respondent, Mr. Henry Coe Cosier, was stated to he
the eldest son of a gentleman now deceased, who but
amassed a fortune of 300,0001. as a sugar refiner. He oh.
Mined as introduction many years ago to the petitioner,
then Mira Sidney Jane King. She was the daughter of •
general in the British army, who was the fourth sou of au
Earl of Kingston. This gentleman had been wounded in the
wars, arid, as a reward for hi+ services, was knighted, and
made a groom of the bedchamber to George 111. and
to George IT. The marriage of his son with the peti.
tioner took place at Trinity Church, Marylebone, on the
27th of May, 1835. The lady's portion, which amounted to
2,5001., was settled upon her, and a sum of 10,0001. war
also settled upon her by the respondent. Some objection
was made to the smallness of this sum by the lady's
friends, and it was alleged that the respondent had pro.
mimed upon his honour to increase his wife's jointure to 1,000/.
a year at the death of his father, but he had never fulfilled
that undertaking. The petitioner now sought a dissolution
of the marriage with him on the ground of cruelty, adultery,
end dinuirtion.

The Earl of Mounts/Label, a relative of the petitioner,
proved the marriage ; and evidence wait given of
an Adulterous cohabitation between the respondent and
an actress named Ann Maguire. He had lived with
this porno% in Mr. and Ma. Cove, at a place celled Tem.
pie NOM A* Farm, is the pariah of Hendon ; sad at her
death be had had her interred in Brampton Cemetery,
isseribin cat her tomb the scriptural text—" Blamed are the
pure in hes" for they shall see Bed.*

Mrs. Cospe—l am the petitioner. In October, 1841, I
was mired to go to Rome by my physician, Sir D. Davis,
to winter there. I was reffering from cough and spitting
of ldoei I took with me a lady's maid named Barnsley.
I was secompanied by my husband, sad by Captais and
Mies Ricketts. When we were at Florence one night I was
awakened by feeling a violent chill, sod I found that the
window had been thrown wide open. Mr. Cape was sestet
on the sill, apparently occupied with something outride. I
called to him, bat he did not hear me. I then went to him
and found eat be was kissing his hand and making signal,
to • window where my maid was. I told him that he was
endangering my life by letting the night air in upon me in
the state I was than in ; and that if be pnnued that scan.
dalous amusement with my servant I must have another bed.
room. On the 2nd of November we were at Rome, at the
Plena d'Eapagna. I had repeatedly requested that Hems.
lay should be sent home, but Mr. Cape told me that I
might leave myself for he would not permit the girl to be
sent away. On the night of the 2nd of November I rose
from my bed and went into my husband's room. He was
nee there. I then went into the dining-room and saw my
hushead come out of my maid's room. I attempted to go
into the room, sad my husband, suddenly putting hie arm
round my waist, Bang me down. As I fell my head struck
a chair sad I was stained fora minute or two. My
last recolleetioa was a emeestion as if my brain
wee on dry sad as if I was rushing away from my husband
and the girl. Theis I became delirious. When I came to
myself the next morning I found myself seated on the four
of my own room, with Julia Ricketts' arm round me. Miss
Ricketts is sow Mrs. Bonner, and is too ill to attend. I
afterwards saw my husband in the presence of Captain
Ricketts. Be said, " Madam, after what occurred last
night I desire to know what are your wishes sad intern
Mow? • I rid, " I demand • separation, and to be taken
back to my own friends." He replied, " Madam, I shall he
very happy to grant bath your request!. lam attached to the
girl, sad Ido not deny it. lam perfectly indifferent to you and
I have been so for a long time." As I was about to lean
the room he suddenly went out and brought the girl in.
I told her to quit my presence, and not presume to con.e
in again ; but he held her, whilst he told me that she was
quite as good as I was, and as innocent. Osptain Ricketts
interposed and said, " Cape, don't insult her in that way ;
things are bad enough without making them wane."
The next day I told the respondent that I should not like
to leave s young girl at Rome to go to ruin, but that I
would have Hemsley booked by diligence to Paris, and
thence to Loudon, where her sister would meet her. He
said he would not permit me to send the girl home, but
that he would mesa her aid take her home with use I old
I would not admit to such an outrage ; that if he would
trot send her away, I would take IDISEUTIS to do so myself.
His answer was, •• You will do it at your peril. When she
leaves the house, I shall leave with her." I said I could
not prevent that, and that it would only mark his own mu.
conduct. He replied, " I shall not only leave, but I shall
take all the money and the passport with me. I shall not
leave you a shilling when I go. The people will turn you
into the street, and you will starve ; and you will be under
the surveillance of the Police, as you will be without a
passport." I replied, It will be useless, then, for me to
say any more on the subject ; but I distinctly enter my
protest against this insult. If Ism take the girl you will do it
against my will." He said, " Madam, you will do well to L,
aloe ; for nothing that you eau say will alter my purpose'
We left Rome two or three days after. Sir D. Davis had told
me that it would be dangerous for me to be say length ..1
time at sea, for it might lead to a rupture of a bleod-venwl.
We went by land from Rome to Naples, and then returned
by ma to Omits Vecchia. I fouled that the voyage had 1.
licreseed my complaint that I begged him to go by land ;
but he disregarded my wishes, and we embarked for Leg-
horn. When we arrived there I begged him to take a car-
riage, my symptoms had so much increased. He said I
should have thought of that before we left Rome, and not
have made sash a hies about my .arrest ; that my Ede
was earns' to him, and that he would go on by sea. We tbee
embarked fee Hems, sod when we reached that port I was
so ill that I was obliged to be earned on shore ; but be sent
me word that I mut be ready to proceed very early next
morning, by sea, to Marseilles. 1 returned an answer to
the effect that I could not go. He then came to my bed-
side and said, "What is all this -- nonsense? You sballgo
on by sea." I said I would not, fur I could bear thi
suffering no lager, and that I would rather die where I
was. He said I should go, but I told him that I
would not union' he carried me by force, and that then I
would appeal to any parties I might see around. He
went away and in two or three minutes he returned,
and said, "I have decided then—we shall go by
land, as I don't choose to give you an oppor•
toady of making a scene • bat you will not
gain much by your move, as I shall travel with you night
and day over Mount Cenis, and 1 doubt the benefit that
your health will gain from the change." The next morning
I was put into the diligence, aid we travelled in it two
nights and three days consecutively without taking off my
things, or having any rest. My husband's conduct continuea
very inanities. He kept handing the girl fruit and things
across me, and paid her every kind of attention before my
face. We got out two or three times to take refrenhatainta.
On those occasions he would hand her coffee and offer
half his bread, but he offered me nothing. one
time in consequence of the crowd I got nothing at all,
and went the whole night without any sustenance. There
was snow lying deep on Na ground. At the top of Mount
Comb I nearly fainted, and begged to be lifted out of tho
vehicle. I felt so ill that I begged them to leave me where
I was to die. Mr. Coops kept insulting me. He mid tint
those who made no much funs about virtue hadgeber.illy little
of it- and that he doubted whether my vertu taaraye
would after all resist temptation. On the way I grew r.
much worse that Mr. Crepe was obliged to take a
private conveyance on the Journey between Lyons and
Paris. I can scarcely recollect anything that occurred
during those four or five days. Sir H. Chermside, who ma,
called in to me at Paris, and who is since dead, told my
husband that I was on the verge of brsiu fever, and nimt
not be subjected tunny Irritation or ennoyance. One sight,
when Julia iticketta was going to the opera, I felt such
horror at being left alone with my husband t hat l clung to her.
My husband snatched me from her and het.' me forcibly whil,
he dashed the door of my room to, and locked it. I felt my
brain give a turn ; I shrieked ; and I remember uo
Before I left Paris I had an interview with the resposib et.
I told bins that I desired to forgive him as a Christian
fore we parted. Ms replied, "It is useless to talk of fro.
giveness. My emedetet to you has been such that no wife
can forgive it." Oa several occasions be had brought oft
maid into the roam, cad forced her to sit down at the talde,
but I had always Assn and gone away. When 1 arrived m
England steps were taken on my behalf to obtain a
separation. Mr. Powell, a mutual friend, interfetel.
however, and brought about a reconciliation. 1 On.
seated to return to my husband, but I stipulated
fur a separate room. I also initiated on basin.:
en admission from him in writing that he was in fault.
Thin he gave me. I rho correspondence was put in and
read.] In March, 1842, I accordingly returned home.
bad taken for us the bouee, No. 40, Wimpolcatreet, but
he was not there to receive me. In fact he del not owe
till the morning after. He said to me, " Well, madam.
you have returned to my loot I" " Yes," I answend4
your request." "I thought you were too clever A
woman," he said, "to be duped in that way. De You
think that I really wanted you back as a e
No, madam, my object was condonatioe. You have pww.l
a night under my roof, and by doing that you have eon•
dosed all. You have lost the whip-hand over me, and .4
may go beck to your family as sous as you like, *the
sealer the better. They may maintain you, furl deball
pay nothing for you." I continued, however, with him.
and afterwards we removed to Harley-street. My brother aa4
attacked with small pox, and I caught it of him H'
other brother, Colonel King, cam.. to nurse me; but Mr.
Cape never came near me for three mouths, tAcept. .IWe,