The Sun.
London, England, 1864-12-10 00:00:00

LAW INTELLIGENCE—This Day.

COURT OF DIVORCE.
STONE V. STONE AND APPLETON.

This ease, which MU: commenced yesterday, was resumed
at the sitting of the Court this morning. It was the
petition of Captain Stone for a dissolution of Es marriage
with Matilda Catherine, his wife, on account of her alleged
adultery with Mr _Robert Appleton, fig rinst whom he
claimed damages to the extent of £5,000. The respondent
denied the charge. '1 he co-respondent, under somewhat
pecular circumstances, did not appear.
The leading facts were as follows :—The respondent was
Miss Slack, a daughter of the rector of Morton Hampstead,
Devonshire, and the marriage took place in March, 1804.
Capt. Stone and his NN ire shortly afterwards went to India,
where they remained till after the mutiny. The petitioner
then came home on sick leave ; and in the summer of 1858
ho wont to live at Budleigh Salterton, near Exeter. In the
August of the following year the petitioner re.urned to
India, but the state of his wile's health did not permit of her
accompanying him. She had previously had three children ;
and soon after her husband's departure she was conficed of
a fourth. She had been left by the petitioner under the medi-
cal care of Mr Appleton, a surgeon, who was practising at
Budleigh. Oa May 2, 1861, the petitioner again returned
to his wife ; and ore the 2d of the following January—that
was, in 33 weeks afterwards—the respondent was delivered
of a fifth child. In the previous December her husband had
accused her of itnidelity, and after the birth of the child,
in lodgings at Exeter, he filed his petition. Previous to
his return, Mr Appleton disappeared from Budleigh;
and the suit having proceeded in his absence, the case was
taken against him pro confess°, the jury awarding £2,000
against him as damages. The chief evidence against the re-
spondent was the testimony of a surgeon named Webb, who
had deposed that the child at its birth was of mature growth.
A new trial was moved for on account of the great pre•
judice from which the respondent had suffered on ac-
count of the absence of the correspondent, and also on
account of the extremely unsatisfactory evidence of Mr
Webb, who had died before the trial, and who had been
examined by a commission. The late Judge Ordinary
refused the application, but an appeal was made to the
full court, which consisted of Sir Cresswell Creswell,
Mr Justice Wightman, and Mr Baron Channell. Sir C.
Cresswell died before the decision of the court was pro-
nounced ; but the remaining judges granted a new trial as
prayed—this judgment being the only instance in which the
ruling of the late Judge Ordinary was reversed by his col-
leagues. In the meantime Mr Appleton, who had gone to
America, was found, and he sent over affidavits stating that
he was not cognisant of the proceedings against him until
just before the trial; that the moment he had heard of
them he set off to return to England, but that before he
could take ship he was informed of the verdict; that hav-
ing left England in the first instance to avoid his creditors,
he dared not return with a condemnation in damages to
such an amount hanging over him; that he was perfectly
innocent of the adultery of which he had been convicted by
the jury; and that his sole motive for leaving Budleigh
Salterton was one connected with his pecuniary embarrass-
ments.

The examination of witnesses to prove the case of the
petitioner occupied the court the whole of the day.
The case is not expected to conclude until Wednesday
next.

COURT OF BANKRUPTCY.
(Bofure Mr Commissioner Winslow.)
IN RE J. W. COLE.

This bankrupt was formerly a clerk under the Trinity
Board and in the Customs, and was granted by the Lords
of the Privy Council of Trade a pension of £3OO a year.
Ho came before this Court in July, 1862, owing £338, with
no assets except the pension, Ho was opposed on the
ground of excessive expenditure and extravagance in living,
he having been insolvent in 1856. A conditional order of
discharge had been granted on the bankrupt undertaking to
set aside £lOO a year of the pension for the ben&fit of his
creditors. He had since paid £ll5, but being in arrear was
now summoned for the amount.

The bankrupt attributed his failure in payment to ex-
penses occasioned by tho illness of his family, and asked for
time to enable him to make up the deficiency.
His Honour said that an adjournment till the 14th Jan,
would be granted for that purpose, but in default the order
of discharge would be of no avail.

SHERIFFS' COURT.
(Before Mr Commissioner Kerr.)

TILE FENCRURCH - STREET MURDER,-EXTRAORDINARY

ACTION TO RECOVER FUNERAL EXPENSES FOR BURY-

ING MRS. GARDINER,- SURGUY V. DENIS.

This was an action to recover £lB, balance of an account
duo treat the estate of Gardiner, the sweep who is now
undergoing a sentence of penal servitude for life for the
murder of his wife, in Northumberland-alley, on September,
1862,

Mr Dodd appeared for the plaintiff, and Mr Butler Rigby
for the &fondant.

According to the instructions handed to the attorney for
the plaintiff, it appeared that on September 15, 1862, Mrs
Gardiner was found dead in her room in Northumberland-
alley, renchurch-street, and on the 24th the husband paid
plaintiff £5 on account of the funeral expenses. On the same
day Gardiner was arrested for the murder of his wife.
Upon the trial Gardiner was convicted and cast for death, but
upon the day appointed for his execution he was reprieved.
Mr Dodd called the plaintiff, who said—l am an under-
taker. I agreed with Gardener to bury his wife for
and he paid me £5 on account. I saw defendant, who pro
mised to pay me the balance.

Mr Butler Rigby—Now do not say that, because it is
not so.

Mr Dodd (to plaintiff)—Who is the defendant ?
Plaintiff—He is the stepson to Gardener. He had all
the property left by Gardener. It was agreed that he
should pay me.
Mr Dodd—Was the agreement in writing ?
Plaintiff—No, it was not in writing, but I have a witness
who will prove all the conversation.
Mr Rigby --I wish to call your Honour's attention to the
fact that there was no proraise in writing.

His Honour—There is an act called Lord Tenterden's
Act.

Plaintiff—l can state that when Gardener was taken he
loft a great deal of property behind him, and his stepson
(Davis) had a long conversation, after which it was agreed
that defendant should pay the XS balance.
Mr Rigby—We deny it.
Plaintiff—The stepson had all the property.
Mr Rigby—Now, really I cannot allow this to go on.
His Honour—You do not sue defendant as executor de
son tort.
Mr Dodd—Oh no, lie is not dead.

His Honour—ls Mrs Gardener dead ?

Mr Rigby—Yes, sir ; the facts are these. Gardener was
tried and convicted at the Old Bailey for the murder of his
wife. He was reprieved and is now in prison during her
Majesty's pleaure.

ills Honour—How is this, Mr Dodd ? Tho man is still

Mr Dodd (who was holding the brief for Mr Ring (Wood
and Ring) I cannot carry the case any further.
Mr Rigby—There is no case.
His Honour—l had better nonsuit you, Mr Dodd, because
at some future time you could come again.
Plaintiff was then nonsuited with costs.

MELANCHOLY OCCURRENCE.-011 Saturday night
last Mr Henry Kirkby, of Underbarrow, and Mr Robert
Deere, of Lyth, left Kendal to return home, after attending
the market. Boih resided at a distance of four or five miles
from Kendal oh the other side of the steep limestone ridge,
known as Scout Scar and Cunswick Scar, uhfbh separates
Kendal from the valley of Crosthwaite, Lyth, and Under-
barrow. They were well-to-do farmers living on their own
estates. The night was dark and stormy, and floods were
out in all directions on the low-lying lands below the Scar.
Mr Kirkby, however, never reached that point. He was
found on Sunday morning lying dead near a limekiln not
many hundred yards distant from Kendal. Apparently
ho had fallen from the top of the limekiln, and so been
killed, The kiln was not burning, but some lime where
he had fallen had had sufficient heat to burn his clothes in
some places. It is supposed that the deceased and his cm
panion had been taking a short cut from the end of the
town into the Underbarrow-road. This path traverses the
quarries and the ground where the limekilns are situated,
and it is probable that Mr Kirkby niistcok his way iu the
darkness, and so tell over in front of the kiln. Mr Deere
appears to have been heard of last at the Punch Bowl Inn,
Underbarrow, about a mile and a half from his own house.
Ile stated there that he had lost Mr Kirkby, he did not
know how, and was urged not to go forward, as the mosses,
across which a portion of his way lay, were flooded. He,
however, declined this advice, and has not since been heard
of. There can be little doubt that the unfortunate man was
drowned on the moss, and his body perhaps be carried
by the swollen stream of the Underbarrow pool and river
Gilpin past his own house to the sea at Mi]nthorpe sands,
Morecambe Bay.—Manchester Courier.

A NEWSBOY'S LUCK.—The pickets of the Army
of the Potomac, says the New York Tinzes, captured
a little rebel newsboy a few days ago. The boy was a very
young and diminutive personage, and his capture caused a
good deal of amusement. The little fellow has just been
sent back, much to his satisfaction ; when he was again
taken outside of our lines:by Lieut.-Colonel Oiborne, of
General Crawford's staff, no one was visible. After waiting
impatiently for some one from the rebel lines to make their
appearance, the colonel set the urchin on a stump and re-
traced his steps. lle had not gone far when the boy got
down, and fwampered away for his friends' lines as fast as
he could. IT is no doubt a great ITI tin now in the rebel
C 401115,

WHIRLING ROUND A WINDMILL.— A few days
ago It;i. John Henry Spooner, miller, ratrington, went
upon one of his mill sails to do a little repairs. 'W Wile on
the sail the winds blew very strong, and the mill ran
through' her break. He held fast, and was taken four or
five times round; and had it not been for the timely assist-
ance of a neibhbour, who ran into the mill and lowered
some of the stones, which happened to be in gear, there is
no doubt but he would have been killed, When taken cif
the sail he was quite black in the face. Several people saw
him whirling round,—AShe#4l4 Telegraph.