The Sun.
London, England, 1864-12-22 00:00:00

FHB SUN, LONDON, THURSDAY EVENING, DECEMBER 22, 1864.

LAW INTELLIGENCE,—(This Day.)

COURT OF DIVORCE.
(Before the Judge Ordinary and a Special Jury.)
CRETWYND V. CIIETWYND.

The further hearing of this extraordinary case was re-
sumed th's morning.
The Queen's Advocate, Mr Kerslake; Q.C., Sergeant
Ballantine, and Mr Harmer were counsel for the petitioner,
and Mr Hawkins, Q.C., and Mr Kenealy were for the
respondent.
The first witness called for the respondent was
Ellen Wilsden, who said—l reside at Hickworth, near
Kidderminster. I was in the employ of Mrs Smith, of
Camp Hill, Birmingham, from 17th October, 1862, to the
present year. Some time before last Christmas a lady and
gentleman drove up in a cab to Mrs Smith's. It was on
the 23d of December, at about nine o'clock at night. I have
seen that lady since. It was Mrs Chetwynd,
The Judge Ordinary—Have you seen that lady since ?
Witness—Yes.
The Judge Ordinary—Where?
Witness—ln this court.

The Judge Ordinary—Have you not seen her since last
December ?
Witness—No.

The Judge Ordinary—Do you know tho gentleman who
was with the lady.

Witness—Yes.
The Judge Ordinary—Were have you seen that gentle-
man since ?

Witness—Here—in the Court since the cause began.
The Queen's Advocate—Have you any doubt about the
lady being Mrs Chetwynd ?

Witness —Yes.
The Judge Ordinary—l suppose you mean—No.
Witness—Yes,
he Judge Ordinary—Have you any doubt the lady is
the same that came to Birmingham ?
Witness—No, but she is vary much altered.

Examination continued—The Itdy asked me if it was Mrs
Shipton's apartments. I said yes, but she had left that
very day. She asked me if she was coming back, and I said
I didn't know, She asked me if her room was ready, and
I said I did not know. I showed her the sittingroom. She
said it was a nice room, and then she was shown the bed-
room.

Cross-examined by the Qaeen's Advocate—The lady did
not seem disappointed that Mrs Shipton was not at the
house. She did not want to see her.

The Queen's Advocate—Has any one told you the lady
did not want to see Mrs Shipton ?

Witness—l don't know.
The Queen's Advocate—You have seen Mr Palmer of
Hugely (respondent's solicitor).

Witness—l don't know.
The Queen's Advocate—Well, but he took your evidence
you know ?

Witness—Yes.
The Queen's Advocate—When did you first see Mr
Palmer ?

Witness—About three weeks ago.
The Queen's Advocate—Do you know Mr Chotwyud ?
Witness—Yes.
The Queen's Advocate—How long have you known him ?
Witness—Only since I have been here.
The Queer ,s Advocate—Where did you see him ?
Witness—ln London.
The Queen's Advocate—That is a wide address. Where
about's?

Witness—At the Robin Hood, in High Holborn,
The Queen's Advocate—How did you recognise the
gentleman you say is Nicholls ?
_

WitnesaLHe had black moustachios.

The Queen's Advocate—You are sure of that ?
Witness—Yee, certain.

[Mr Nicholls was here called in. He was a tall gentle-
man,wi'h brown hair and whiskers,bnt with no moustache.]
The Queen's Advocate (pointing so Mr Nicholls)-15
that the gentleman you eay is Mr Nicholls ?

Witness—l can't swear.
The Queen's Advocate—But you saw him, you say,
yesterday ?
Witness—Yes, but I can't swear to him.
The Queen's Advocate—Why ?
Witness—Because be's not got a moustache.
The Queen's Advocate—Then he had it yesterday, and
must have shaved it off.
Witness—l suppose so. •
The Queen's Advocate—You are quite sure that that is
the gentleman you saw at Birmingham ?
Witness--Yes.

The Judge Ordinary—Will you swear that that gentle-
man is the person you saw in court yesterday, and recog-
nised him as Mr Nicholls, because he wore a black mous-
tache ?
Witness—Yes.

The Queen's Advocate—Be cautious ; look at the gentle-
man again.

Witness—l believe that's the gentleman.
The Queen's Advocate—Was that gentleman in court
when you saw him with a black moustache ?

Witness—Yes,
The Judge Ordinary—With the black moustache ?

Witness—Yes,

Re examined by Mr Ksnealy—The gentleman was
sitting in the body of the court when I recognised him. I
looked at him during the whole of the time I was in court,
which was about 10 minutes.

The Judge Ordinary—Did any person tell you to look
about the court to find Mr Nicholls ?

Witness—No. I told a female friend that I had seen Mr
Nicholls, and only that one person.

The Judge Ordinary—Did not Mr Palmer ask you to
Look for Mr Nicholls ?
witness —No.

The Judge Ordinary—And you never told him that you
had seen Mr Nicholls?
Witness—No.
The Judge Ordinary—You are sure of that ?
Witness—Yes.

The Judge Ordinary—You never told Mr Palmer or his
clerk about it—in faot, you never told any person but your
friend that you had seen Mr Nicholls until you got into the
witness-box ?
Witness—No person.
The Judge Ordinary—How did you know his name was
Nicholls ?

Witness—l believe it was Mr Nicholls. It was the gen-
tleman who came in the cab with the lady.
The Judge Ordinary—How do you know the gentleman
you saw sitting in court yesterday was Mr Nicholls ?
Witness-1 don't know.

The Judge Ordinary—That will do. Stand down.

Mrs Edwards was next examined. Her evidence went to
show that Mrs Chetwynd applied to her for lodgings, but
she recommended her to an hotel.

In cross-examination, the witness said Mrs Chetwynd
only asked her for one bedroom. She had aver seen Mrs
Chetwynd in a hat.
Francis Smith am landlord of the Hen and
Chickens at Birmingham. I know Mrs E iwards. In
December I received directions to prepare two beds for some
visitors, I prepared two rooms, No. 35 and 36, but no ono
came. Mr Palmer mentioned this matter to me about two
months ago.

Sarah Woodcock—la December last I was chamber maid
at the Falcon Hotel, Birmingham.
Mr Kenealy—Did a lady and gentleman come to that
hotel ?

Witness—Mrs Chetwynd and Mr Nicholls came there.
The Queen's Advocate—Oh, indeed; Mrs Chetwynd and
Mr Nicholls.

Mr Kenealy—l must protest against these comments on
the part of my learned friend. It is not the first time I have
had to complain:
Examination continued—l knew it was Mrs Chetwynd,
because I had known her before, and I also knew Mr
Nicholls. because he was one of the best billiard players in
Litchfield. Mr Nicholls asked if he could have a bed room
and sitting room. I asked if it was for himself and lady.
He said for a lady and himself. I told him he could have
the rooma, and the gentleman went out to the cab and
brought the lady in.
The Judge Ordinary—Did you recognise the lady and
gentleman when you first saw them ?

Witness—No, not directly. I thought it was people I had
previously known somewhere, but I did not call their names
to mind until some time after they had been in the house.
Examination continued--I showed the lady into the
sitting-room, and she immediately took the easy chair. Mr
Nicholls went and stood by the fire. He had his satchel
strapped across his shoulder.
The Judge Ordinary—His what ?
Witness—His satchel. It's a black leather bag such as the
betting gentlemen use. (Laughter.)
Examination continued— The gentleman asked the lady
what she would have, and tea was afterwards supplied: I
took it in. After tea was removed Mr Nicholls asked for a
glass of cold brandy and water. It was supplied. He then
said the lady's very tired and wants to go to bed. I took the
candle and showed them up to No. 1 room. I had recognised
them by that time. I took Mr Nicholls' carpet bag into
the bedroom, and I left them there. Mr Nicholls told me
to call them at halt past seven, as they wanted to go by an
early train. They locked the door, and I went away. The
next morning I called them at eight o'clock. Mr Nicholls
put his boots outside to clean. Ho told me to get his bill
made lout as they, would not have too much time. Mrs
Chetwynd was dressing herself in the room, Mr Nicholls
afterwards told me to go up stairs and help the lady to pack
up a bag, or they would be too late for the train. When I
went in she was putting on her bonnet and shawl. I put
two pocket handkerchiefs and a book into the bag.
The Judge Ordinary—Did you see anything in the bag ?
Witness—Yes, a night dress.
The Judge Ordinary—Anything else ?
Witness—Yes, two combs and two brushes.
Examination continued—After they went away, I went
in the bedroom. The bed had been occupied by two persons.
About a month after Mr Nicholls called for a smelling
bottle. He did not say Mrs Chetwynd, but the lady had
left it. He said if they came through Birmingham he should
call again. The second time he called we had found the
bottle between the mattresses of the bed. I found it my-
self.

Cross-examined by the Queen's Advooate—l am staying
with a Mrs Haraforth, near Euston•square. I went in a
cab to her house, I did not leave the George because of my

insolence. Afterwards I went home to my mother. My
father is an edge tool manufacturer—in one situation 26
years. I went to the Falcon. I left because Mrs Haraforth
and myself had a few words. I did not leave without my
wages. Mr Chetwynd was a customer of the house. I
have never had any familiarity with him. 1 have passed
the time of day to him when I took his grog into the
smoking room. It is customary to ask gentlemen when
they come if they require single or double beds. I thought
he was a betting gentleman. I did not recognise Mrs
Chetwynd that night or in the morning. It was some
weeks before I did. It was about four or five weeks after
the first visit that the gentleman called fur the smelling
bottle. I did not recognise Mr and Mrs Chetwynd the
moment they came.

The Queen's Advocate—You told my lord you recog-
nised them when they went upstairs. Why do you now
say it was four or five weeks ?

Witness—l said the features.
The Queen's Advocate—No, you said distinctly that you
recognised them before they went up stairs.

Witness—l meant their features.

The Queen's Advocate—Did it occur to you it would be
an awkward thing to admit that you showed Mr Nicholls
and Mrs Chetwynd into one bed room ?
Witness—No; I can't say it was that which led me to
the answer.

In answer to further questions witness said--The carpet
bag was a longish one. It would hold the cushion on the
bench behind me [a very large one]. I know it was the
lady's handkerchief, because Mrs Chetwynd said two of her
handkerchiefs were lying on the bed. I have been to Long-
don Hall. I went there with Mr Palmer. It was in the
summer, Not long after the gentleman came for the smell-
ing bottle. The first time I went to Longdon Hall I did
not see Mr Palmer, I saw Mr Collis. It was a week after
this that I saw Mr Palmer. I stayed at Longdon about two
hours. I went over the affair with Mr Palmer. Mr Chet-
wynd was in the garden with his children. Mr Nicholls was
of a fair complexion, he ware his hair long.
The Queen's Advocate—Did he wear moustaches ?
Witness—l can't say.
The Queen's Advocate—What, not tell such a thing as
that I

Witness—No, I really never noticed, and don't think
he had a moustache.

The witness continued—l went to Wimpole-street, and
there I saw Mrs Chetwynd. I was told to come to Lon-
don and walk about until I saw Mrs Chetwynd.
The Queen's Advocate—Then you accidentally went to
Wimpole-street, and accidentally found yourself in a
certain house, and Mrs Chetwynd came out.
The Judge Advocate—What 1 No person tell you to go
to Wimpole-street, but that you went there accidentally
Witness—Yes.

The Judge Advocate—Then you accidentally went down
Wimpole-street the same as you would any other street ?
Witness—Yes.
The Judge Advocate—And nobody told you to go there ?
Witness—Nobody.
The Queen's Advocate—How many days were you in
London

Witness—Eight.
The Queen's Advocate—Where did you go the first day
you were in London ?

Witness—To Camden-town.
The Jtege Advocate—Well, how did you come to go
accidentally to Wimpole-street ?
Witness—lt was the third day. I went into a liquor
shop to have a little drop, and as I came out I saw a
cab standing at the door, and I looked and then I saw
Mrs Chetwynd.
The Queen's Advocate—Does Mr Chetwynd and Mr
Palmer go to that house?

Witness—l don't know.
The Queen's Advocate—ld not this liquor shop very
nearly opposite the house you saw Mrs Chetwynd ?

W itness—YeE.

The Queen's Advocate—Then you accidentally went into
this cigar shop, which accidentally stood opposite the
house to which you saw Mrs Chetwynd all by pure acci-
dent, and without the slightest knowledge that you would
see Mrs Chetwynd ?
Witness----Yes.

The Queen's Advocate—Did anybody show you about
London.

Witness—Not till after I had seen Mrs Chetwynd.
The Queen's Advocate—Who then ?
Witness—A little boy about eight years of age.

The Queen's Advocate—Don't you know that a reward
was offered for intelligence about Mrs Chetwynd, who was
said to have left her home ?
Witness—When I heard that a reward of X 5 was offered
for any intelligence about Mrs Chetwynd, who was said to
have left her home with Mr Nicholls, I said to
Mr Palmer (respondent's solicitor) that must have been
Mrs Chetwynd and Mr Nicholls that I saw -at the Falcon.
[This answer produced a marked sensation in court.] I
cannot tell the name of the mother of the boy who walked
about London. I don't know it. I don't even know the
name of the person who keeps the house I am stopping at.
I don't recollect hearing the name of Sergeant Glover. It
was Sergeant Something, but I don't know for certain. It
was the sergeant's little boy who walked about London with
me. I was for eight days in London stopping at this house,
and I din not know the person's name who kept it. I don't
know whether it was at the house of a detective officer
(Sergeant Glover) that I was stopping at. I know he was
a policeman, and a sergeant. It was his little boy that was
with me when I accidentally went into the liquor shop.
Re-examined—l was quite a stranger in T.nndon when I
first came. I saw Mr Collis the second day after I had been in
London, The boy did not take me to a certain publichouse.
I don't know Mr Miller, Mrs Chetwynd's lawyer. He has
not been to see me. I have not seen a clerk from that gen-
tleman's office.

Mr Kenealey—Have you been asked to give evidence in
this case on the part of Mrs Chetwynd ?
The Queen's Advocate—l object to that question.
The Judge Advocate—lt is not evidence ; but if you
press it, I must decide that the question cannot be put. I
think you had better not press your objection.
The Queen's Advocate--Very well, my lord.
The witness then answered the questions, and said I
have not been applied to to give evidence on the part of Mrs
Chetwynd. I was not discharged from the George Hotel
for bad conduct. There was no pretence for saying that I
ever got my living in an immoral way. Mr Chetwynd has
always behaved as a gentleman when he came to the
George,

Mr Kenealy—What did you mean when you answered
the question of my lord about recognising Mr and Mrs
Nicholls the night they came to Birmingham ?
Witness—Did I say so. (Laughter.) Well, it was their
features that I meant, but not the name.

The Judge Ordinary—When the gentleman came to
Birmingham for the smelling. bottle did you call him Mr
Nicholls ?
Witness—No.

Mrs flandforth—l am the landlady of the Falcon 'Hotel,
Birmingham. I recollect two persons coming on the 23d
of last December. I did not then know either of them, I
have seen both in this court. I was told

The Queen's Advocate—You must not tell us what you
were told.

Witness—l heard a person call this gentleman by the
name of Nichols. I have seen Mrs Chetwynd also in court.
Mr Kenealey—ls she the lady who came to the Falcon
at Birmingham•

Witness—l think she is. I saw her go up stairs to her
room. I think she is the same. I did not see her face the
next morning. Mr Nicholls I saw in the hall waiting for
the lady. The parties were charged on leaving the hotel
for refreshments and one bed. They left about 10 o'clock
in the morning. The gentleman came some time afterwards
about a smelling bottle which he said the lady had left. I
told her I had not seen it. I afterwards requested Sarah
Wocdcock to search for it, and it was found between the
mattress. Mr Nicholls called about a week or so after and
I gave it to him.
The case was proceeding when we went to press.

The last week's railway receipts ascertained up
to this day, are in round figures as under ;

_
1864. 1863.
Great Western £64,975 £61,039
North-Western
South-Western
Brighton
Midland . . ........ 46,420 42,428
South Eastern
Great Northern
Lancashire and Yorkshire.... 34,240 35,624
Bristol and Exeter
North Eastern
Manchester, Sheffield, and Lincoln 17,047 17,487
Great Eastern

These returns, with one or two exceptions, are of
a satisfactory character. On the Great Western
there is an increase of 13,936 ; on the North
Western of £4,782 ; on the South Western of £3 ;
on the Brighton of £676 ;on the Midland of £3,992;
on the South Eastern of £544; on the Great
Northern of £100; on the Bristol and Exeter of
£62; on the North Eastern of £4,417; and on the
Great Eastern of £1,102; the Lancashire and York-
shire, however, shows a decrease of £1,384 ; and the
Manchester. Sheffield, and Lincoln of £440.
The only bullion operation at the Bank yester-
day was an influx of £ll,OOO bar gold.
A few of the Mexican dollars, by the French
steamer Louisiana, bait) been sold at ss, 0-ad. per
oz., showing a decline of 00.

CURIOUS CASE OP TRESPASS.—A case which is
likely to come, on s point of law, before the superior
court, was on Monday decided at the petty sessions at
Tamworth. Mr Richard Barker is the occupant of a farm
at Whitacre, and of some laud there, over which Sir Robert
Peel had reserved the exclusive right of shooting game. It
appeared, however, that Mr Barker had been over this land
in pursuit of game, and he was charged with being a tres-
passer within the meaning of the Game Law Act. It was
contended that the defendant could not be a trespasser
upon land in his own occupation; but the bench convicted,
imposing a penalty of £2 and costs. Au appeal from this
decision will be taken.

POLICE INTELLIGENCE.—This Day.

WESTMINSTER.

ROBBING A WATERLOO HERO .—John Frazer, a power-
ful young man, was placed at the bar, charged with stealing
a silver medal,

William Reasen, a Chelsea pensioner, said—l was a
private in the Coldstream Gaards. I met this man last
night, and he vas very civil to me.
Mr Arnold—You have charged him with robbing you of
a medal ; that is, certainly, not a very civil act.
Prosecutor—He was very civil to me, your Honour,
although he robbed me. He met me last night about six
o'clock in Ebury square, and began talking to me. He said
Christmas was now very near, and he asked mo to have a
glass of ale; but I did not want any, and I told him so.
While we were standing talking he seized my medal,
snatched it from my coat, and ran off. I called " Police,"
and a policeman took him at the top of the street, and
brought him back to me.
Mr Arnold—What medal was it ?
Prosecutor—Waterloo.
Mr Arnold— Were you at Waterloo ?
Prosecutor—Yes, your Honour.
Mr Arnold--I hope you have not lost your medal. Has
it been found ?

Prosecutor—Yes; it was picked up just where ho was
caught, after he had run some distance.
Prisoner—l don't believe a word about it, your Worship.
It is not likely I robbed the man. I was intoxicated, and
do not remember anything about it.
Charles Fryer, 280 B, said that a quarter past six last
evening, while he was on duty in Ebury-square, he heard
cries of " Stop thief," and saw the prisoner running. He
followed and stopped him in Upper Ebury-street. Shortly
afterwards he, picked up the medal on the same spot he
found it, in the mud.
Mr Arnold—When you took the prisoner into custody
was he intoxicated, or in any way affected by liquor.
Witness—He was perfectly sober.

Prisoner was remanded.

THAMES.

THE LATE CASE OF STABBING TN SHADWELL.—Mar-
tiIIi Alexander, an Italian seaman, was brought up on re-
mand before Mr Partridge, charged with feloniously cutting
and wounding George Smith, a north country
Mr Charles Young, solicitor, said he appeared for the
prisoner. He was very happy to state that the wounded
man in the •London Hospital was improving, and expected
to leave the hospital in another week.
Mr Partridge said the state of the wounded man was
atisfactory. It was extraordinary that after the man was
stabbed in the abdomen and chest that he should be improv-
ing so much. Smith was a vat), strong man.
Mr Charles Young—The strongest man I have met with
for a long time.

Mr Partridge remanded the prisoner for another week,

CATTLE DRIVING ON SUNDAYS.—Nine drovers made
their appearance before Mr Partridge to answer summonses
which charged them with driving cattle along Burr-street,
at the back of the St. Katherine's-dock, on Sunday, the
11th of the present month, between the hours of one and
two o'clock in the afternoon, contrary to the Act of Parlia-
ment. The cattle wero landed from a steamer from Hol-
land the same afternoon, at one of the wharves in Lower
East Smithfield.

Mr Partridge said before he heard the summonses he
wished to inspect the General Steam Navigation Company's
wharf at Blackwall, where cattle were landed. He then
proceeded to Blackwall with an inspector of the H division.
It is believed that a bill will be introduced into Parlia..
ment next session to prevent the landing of foreign cattle
above Blackwell. The greatest facilities exist there for
the purpose. The wharves in Lower East Smithfield are
ant ill and inconvenient for landing cattle, and the streets in
the neighbourhood are crowded and narrow.

MARKETS—This Day,

MARK LANE.

IMPERIAL WEEKLY AVERAGES. Wheat, 38s 1d;
barley, 28s 4d ; oats, 19s 9d ; rye, 29s Od ; beans, 37s 2d ;
and peas, 358 3d.
THE SIR WEEKS' AVERAGES. Wheat, 388 6d ;
barley, 29s 2d ; oats, 19s I.d ; rye, 308 10d ; beans, 37s 7d ;
peas, 35s 2d.
ENGLISH GRAIN SOLD LAST WHEKo—Wheat, 96,985 ;
barley, 110,294 ; oats, 10,728 ; rye, 37.; beans, 3,906 ;
peas, 1,655 qrs.