The Sun.
London, England, 1864-11-01 00:00:00

LAW INTELLIGENCE—This Day.

COURT OF BANKRUPTCY.
Mr Commissioner Holroyd resumed his sittings after the
vacation, but was occupied during the morning in hearing
applications in the private room. The list was very light.
Mr Registrar Winslow also sat as commissioner, but was
occupied the whole of the morning at a private examina-
tion.

RE COLONEL WA.1.1011.
This case will be heard on Thursday, not Wednesday;
as before stated.
Mr Commissioner Goulburn will not sit till Thursday.

SHERIFFS' COURT.
(Before Mr Commissioner Kerr.)

CAN A WOMAN MARRY lIER FIRST HUSBAND'S HALF.

BROTHER ?-BUDDEN V. ENGLISH.

In this case plaintiff sued a Mrs Eliz ►beth English for
rent, and when the case was called on the defendant stopped
into the box.
His Honour—How do you make out this case, plaintiff?
Plaintiff—She occupied rooms in my house, and has not
paid the whole rent.
Defendant—l am a married woman.
Plaintiff—No, she is not, She has married two brothers,
and therefore the second marriage is void.
His Honour—That would be so, Mrs English. You
see that, by the English law, you are forbidden to marry
ycur first husband's brother.

Defendant—l was lawfully and regularly married to
him,

Plaintiff—Were you married to him abroad ?
Defendant—Oh, dear no. We were married in Eng.
Land.

Plaint ff—Then your marriage is not recognised here.
- - - -

Defendant—My second husband was not exactly my
first husband's brother, but more Lk° a brother in-law.
(Laughter.)
His Honour—Well, perhaps there might not be so much
objection to that.
Plaintiff—But the husbands were not brothers-in-law.
As I am informed, they were of the same name and brothers.

His Honour—Well, let us see. Now, Mrs English, what
was the names of your first husband ?

Defendant—Robert Hall English, and he died in 1850.
His Honour—And what was the name of the second
husband ?

Defendant—james English. I married him in June, 1863,
His Honour—Well, were they brothers ?
Defendant—No, they were like brothers-in-law.
His Honour—How was that ?
.._ _

Defendant—Old Mr English, the father, was twice mar-
ried, and his first wife bore him my first husband, his second
wife my second husband.

This answer caused no little surprise, calculation, and
argument in court.

His Honour—Then you see, Mrs English, that you have
married two half-brothers,
Defendant--Yes, I think that is it.

His Honour (considering)—Well, I do not know, no, I
do not think it will do, Mrs English ; but it really is a very
nice question in common law. The question will be, " Cau
a woman marry her husband's half-brother P" In my
opinion it is prohibited. It seems very hard, Mrs English,
but I am afraid you cannot set up your marriage as a
defence to the action.

Defendant—l had no idea that the marriage was not a
good one.

A young man here stepped forward, and said he was the
son of the old gentleman, known as the second husband.
He complained of the manner in which the plaintiff had
gone on with the case, and with some little warmth of
temper, said that the old gentleman had never been seen;
and yet plaintiff had the blushing effrontery to come for-
ward and say he had promised to pay the money.
His Honour—So far as the case has gone I have nothing
to do with the old gentleman at all ; the only matter for me
to consider is whether defendant is married, and if such
marriage is a good one. I do not think that in law a woman
can marry her first husband's halt brother, an so lam
bound to decide that defendant cannot plead her marriage.
However, as it does seem to be a hard case upon Mrs Eng-
lish, who might have fancied it was a good marriage, I will
let the case stand over so that the parties may come to some
arrangement about the payment.
Verdict for the plaintiff.

THE SHERIFFS OF LONDON AND MIDDLESEX.—
The ancient ceremony of cutting faggots, chopping sticks,
with a bill-hook and chopper, and counting horseshoes and
nails, as suit and service to the Crown for the right and pri-
vilege of the City of London to choose the Sheriffs of London
and Isliddleeex, took place yesterday morning before Mr W.
H. Walton, the Queen's Remembrancer and Sailor Master
of the Court of Exchequer, at the Queen's Remem-
brancer's-office, Chancery-lane, with all the usual cere-
monies, Until within the last three or four years the
ceremony used to be carried out with all due civic pomp
and grandeur on the occasion of the Sheriffs of London
and Sheriff of Middlesex proceeding in State to Westmin•
ster-hall on the 30th of October, when they were pre-
sented in due form by the Recorder to the then Cursitor
Baron, the late Right Hon. Mr Bankes, in the Court of
Exchequer, for the approval of the Crown. On those occa-
kions the court was always crowded. Some years ago, when
great reforms in law took place, and a number of patent
offices were abolished, the Cursitor Baron was made to
cease on the death of Mr Bankes. When that event
took place the duty fell on the Barons of the Exchequer,
but that being found most inconvenient a short Aot
of Parliament was passed to do away with the cere-
mony of presentation, but reserving all the other ancient
ceremonies, appointing the barons or their chief officer, the
Queen's Remembrancer, to see the ceremony performed.
Accordingly, yesterday morning the City solicitor, as repre-
senting the corporation, Mr. Davison, the senior under-
sheriff, as representing the Sheriff of Middlesex, and Mr
J. K. Potter, the Secondary, as representing the Sheriffs of
London, attended at Queen's Remembrsncer's-office, when
the usher of the court made the usual proclamations, and
the ceremony of cutting faggots and chopping sticks
was performed as suit and service for a piece of land called
the Moor, in Salop, and containing six horseshoes and 61
nails as suit and service for a place called the Forge, in the
parish of St. Clement Dane. The usual warrants of attor-
ney to acoount having been filed and recorded, the cere-
mony terminated.

LIVERPOOL, Oct. 31.—FEDERAL CRUISERS AND
BLOCKADE RUNNERS.—The Bat steamer, from this
port, with machinery, was captured off Wilmington October
10 by the Federal steamer Moßtgomeiy ; one of the crew
was wounded and afterwards died. She arrived at Boston
in oharge of a priz) crew on the 17th. A blockade-running
paddle steamer, withsmoke stacks, two masts, was sunk by
the blockading vessels off Charleston on the sth of October,
while trying to run in by the inner channel, Her mast
and smoke stacks were visible, but her hull was entirely
submerged. Sho was sunk at a point off Long Island out
of reach of the Cmfcderate batteries, and it was probable
that she might be raised and portions of her cargo saved.
The Confederate steamer Florida was reported off Salt Key
Banks steering towards Havannah.

MR E. H. KNATCHBULL-HUGESSEN, M.P., AND
lIIS CONSTITUENTS.—Mr E. H. Knatchbull-Hugessen,
M.P., addressed a meeting of his constituents, in accordance
with an annual custom, at Deal, on Friday evening. The
meeting took place in the Town Hall, which was well filled
with electors, and the chair was occupied by Mr George
Hughca. The hon gentleman spoke at some length on the
various topics of the day; and at the close of his address a
vote of renewed confidence in him was passed,
OEN ERAL TOD LEB EN.—General Todleben and
other officers in the Russian service visited Woolwich yes-
terday morning, and were received at the dockyard by Com-
modore Superintendent Hugh Dunlop, C.B. At 11 o'clock
the party embarked on board the Admiralty steam-vessel
Vivid, Staff-Commander Allen, which proceeded down the
river to Long-reach, passing the immense works now in
progress for the southern metropolitan sewage outfall, and
the scene of the recent gunpowder explosion at Erich. The
Vivid returned to Woolwich at 12 o'clock, an intended
voyage to Shoeburyness, for the purpose of witnessing gun-
nery experiments, being, it is stated, postponed. After
landing at the jetty the general and party, accompanied by
Major-General Warde, C.B , paid a second visit to the
Royal Arsenal, and returned to London about 2 o'clock.
DETENTION OF THE ROYAL TRAIN.—About 2
o'clock a,m. on Saturday a goods train from War-
rington, while travelling on the up line near to Minshuli
Vernon, was thrown off the rails by a valuable horse stray-
ing on the line. The animal had been grazing in a field ;
and our informant, who visited the place, says that a gate,
regularly fastened with a chain round it, had been lifted oft
its hinges and thrown into the field. It would have been a
work of great difficulty to have thrown it on the line. The
animal had passed through the gate. The Royal train,
containing her Majesty, was detained nearly an hour in
consequence. The line was blocked several hours, two or
three carriages having been pitched clean over. This matte'
calls for strict inquiry, as it must have been no easy matter
to raise the gate off its hinges,—lllanchestier Courier.

TRAGIC OCCURRENCE AT INEYmorni.—Earl)
yesterday morning the inmates of the residence of
Captain Dow, of Rodwell, Weymouth, were startled by the
cries of " Murder " proceeding from the upper part of the
rear of the house. Up-n hastening to one of the servant's
rooms it was discovered she was greatly excited, and said
that a man had just escaped from the window who had
pounced upon her whilst asleep and nearly strangled her.
Upon search being made, a ladder, which had been removed
from a house undergoing repair a short distance off, was
found raised against the bedroom window, and it was no
doubt by this means that the man gained access to the
room, Marks of violence were found on the neck of the
girl, and the house was in a state of a'arm till daybreak.
soon after which it la as discovered that the man who hac
entered the house was lying dead at the bottom of one of
the Weymouth and Portland Railway cuttings near the
back cf the house. He was a marine named Henry Stokes,
belonging to her Majesty's ship Black Prince, and in hie
flight had evidently fallen down the cutting, which is hewn
out of stone, and was killed. Footmarks which correspono
with deceased's boots wore visible from the ladder to th,
cutting. An inquest was held, when a verdict in accord-
ance with he facts was recorded.

POLICE INTELLIGENCE.—This day.

MANSION-HOUSE.

EXTENSIVE ERAUD.—Dunem Maclean Wright, a re-
spectably dressed man, was placed at the bar, before Mr
Alderman Stone, charged with endeavouring to obtain, by
false representations and fraudulent pretences, a quantity
of wine, and also with forging and uttering account bills of
exchange to the amount of £2,500.
Mr Sleigh, who attended on the part of the prosecution,
said the prisoner was charged with one 1)e Witt, who has
been under remand, with conspiring to obtain a large quan-
tity of wines from Messrs Garcia, Rubet, and Co., by false
pretences, and whose name, for obvious reasons, he had
not before mentioned in connection with the charge, was
apprehended by Sergeant Spittal, who, after some exertion,
had traced him from Liverpool to London. Ho should not
rouble the alderman with much evidence, but merely call
Spittal who, when apprehending the prisoner, told him the
charge, when he replied that he intended to plead guilty,
and that ho should do all in his power to obtain a complete
restitution of the property. He should then ask that the
prisoner be remanded until to-morrow, when he could
brought up in company and be examined with De Witt.
Sergeant Spittal said he traced the prisoner from Liver-
pool to London, and last night he apprehended him in the
neighbourhood of Bayswater. When he told him the charge
against him, he said he should plead guilty, and gave every
facility towards recovering the property.
Alderman Stone at once remanded the prisoner until to-
morrow.