The Sun.
London, England, 1864-04-04 00:00:00

Extraordinary Charge.

A case which has been matter for mucl- I
, gossip in Worces-
tershire came before the magistrates siting in special ses-
sion at the Hundred-house, 7.ltley, Worcestershire, on
Saturday last. The magisf,rate, present were Sir T. E.
Winnington, ?'LP. (chaixruan), Rev W. F. Raymond, Rev
C. F. Turner, Rev T 4-1, J. Hastings, Dr Jawed Nash, and
Mr E. Vernon.

Earl DudlP,9 was charged, on the information of Maria
Ann Ilrb;:,e, that he did beat and assault her on the 12th of
Mara_
at Witley•court, without lawful cause. There
also a counter charge against Mrs White by Earl Dud-
icy of assault, but his lordship explained that this was
merely a matter of form, in order to enable him to make
a statement on oath, which he could not do as a defendant.
Of course, added his lordship, the idea of an assault and
battery committed by a woman on a man was absurd.

Mr. Curtler, solicitor, of Worcester, attended to conduct
the case on behalf of his lordship; Mrs. White conducted
her own case.

The charge arose in this way—Mrs.White now takes the
name of Southey, as she has separated from her husband,
and is now living with a billiard marker named Southey at
Worcester. Southey claims a debt of £l,lOO as due from
Earl Dudley's brother, the Hon. Dudley Ward, to him, as
money won at billiards, and had made an application to
Earl Dudley as the head of the family to pay the debt, or
some part of it, the debt being a debt of honour. Earl
Dudley admitted that if it had been a tradesman's debt or
money borrowed, the debt might be matter for his considera-
tion, but he repudiated any claim upon him for a gambling
debt. Southey having laid his claim before his lordship,
Earl Dudley tald him at once that he would not entertain
the claim for a moment. Subsequently Mrs. White, under
the name of Mrs. Southey, waited upon his lordship at
Witley-court with a letter from Lady Shaftesbury, and thus
obtained admission and again pressed the claim. His lord-
ship heard her throughout, and in the end gave her the
same reply as he had given Southey. On March 12 last she
again came to Witley-court, and was shown to the library
by the servant. On his lordship being told the name of the
person waiting he refused to see her, and as she persisted in
waiting he went to the room and turned her out. The prin-
cipal witness examined in support of the information was
Maria Ann White, about 35, of ladylike manners and
great self-possession, who deposed that she lived with Mr
Southey in Sansome-place, Worcester. Had been mar-
ried, and legally separated from her husband. On the 12th
March she drove over to Witley-court, the seat of Earl
Dudley, in a cab, to see his lordship, and sent in her
name, "Mrs. Southey." Was shown into his lordship's
library, and the servant came to her and said Earl Dudley
was engaged. She said she could wait, as she wished
much to see him, and the servant then said that
his lordship would not see her. She became ill, and asked
to see the housekeeper. The servant retired, and just after
Earl Dudley entered the room, and said, " Well, Mrs.
Southey, I have already sent to the police at Worcester, to
have you watched." He then seized her by the right arm,
and dragged her towards the door. She begged him to loose
her, but he dragged her to the door, and called to his ser-
vant, " Weeks." Witness begged his lordship to loose her,
and said if he did not she would try and make him. She
then seized him by the whiskers, on which he put his arms
round her and held her hand down so that she was power-
less, and pushed her into the hall. When he had pushed her
to within three steps of the door he loosed her, and she
passed out, She had not been desired to leave the house.
When she received the message that his lordship would
not see her she gave up all hope of seeing him, but was un-
well, and wanted to see the housekeeper.
The witness was cross-examined at considerable length
by Earl Dudley. She admitted that, after she had had the
first interview with Earl Dudley, she had got a letter from
Lady Shaftesbury and had used it as an introduction to his
lordship's sister, the Hon. Mrs. Claughton, at Kiddermin-
ster, and to Lady Ward. She did not see Lady Ward, but
saw Mrs. Claughton. Lady Shaftesbury did not give her
a direct letter of introduction, but told her she might use
her name. When she went the first time to Witley she
sent in the name of Mrs, Southey and passed herself as Mrs.
Southey. She represented that she came over to Witley in
reference to a certain claim which Mr. Southey had on a
member of Earl Dudley's family. Her object was to en-
deavour to prevail on his lordship to pay a debt that was due
to Mr. Southey from the Hon. Dudley Ward. The letter
from Lady Shaftesbury was read. It was to the following
effect :

" Lady Shaftesbury presents her compliments to Mrs.
Southey, and, in answer to a letter from her, begs to say
that Lord Shaftesbury is too much occupied to give her an
interview, but if Mrs. Southey will call on Lady Shaftes-
bury she will give her a few minutes' interview."
The witness continued. Her ladyship:gave her an in-
terview of half an hour and she told her her case. Being
asked by his lordship to say what took place at her first visit
to Witley-court, she denied that his lordship said on enter-
ing the room, "I beg to know to what I am indebted for
the pleasure of this visit." On the contrary, he seated him-
self on the table, placed his fiats in a very ungentle-
manly manner, to say the least, and leant forward and said,
" What's your business? Do you reside in Worcester?"
His manner was such that she rose from her chair and faid,
"Earl Dudley, I am Mr. Southey's wife." Was rather dis-
composed by Earl Dudley's manner, but endeavoured to
make him understand what she came there about, which
was to explain their position, in the hope that his lordship
would help them, or help his brother to do so. Earl Dudley,

however, walked up and down the rocm and talked so
much that she could not tell all she wanted. He did not
give her the chance of telling him. The witness further
said in answer to other questions, that she was legally sepa-
rated from a bad husband, and she produced a paper pur-
porting to be a deed of separation.
Frederick Phillips, the cabdriver who took the complain..
ant to Witley-court on the 12th of March, was called to
prove that through the glass hall-door he saw Earl Dudley
push Mrs. white along the hall. Saw his lordship swing
her round and push her to the door, She stepped out, or
would have been pushed out. When he drove her back to
Worcester he took her to a chemist's to have her arm looked
to, and afterwards to Dr, Carden.
Ann Page, servant at Mrs. White's lodgings, deposed that
complainant's arm was much hurt, swollen, and discoloured
for a fortnight. Applied hot fomentation to it, and had to
dress Mrs. White, as she was unable to dress herself on ac-
count of the injury to her arm, which was useless.
Mr. Carden had been summoned, but, no expenses hav-
ing been tendered, he did not appear.
A statement in writing was produced by his Lordship
and identified by the witness as a document sent by Mr.
Southey to the Earl, giving a history of his life and of the
transactions with the Hon. Dudley Ward, It was drawn
up as if for publication in the shape of a romantic narrative,
and told how Southey became a professional billiard player ;
how he met the Hon. Dudley Ward at Brighton, played
with him, and won £1,122, which the loser said he could not
pay ; how he met Mrs. White, who kept a school at Brighton,
one day in the street weeping, and who told him that "she
had sinned as a mother should not do in order to get bread
for her children ;" bow he "saved her from a bad man who
had followed her as his prey," and how he had "entered
into a union with this lady with the understanding that
their lives were at issue on the settlement of this claim ;"
how he had represented his claim to Earl Dudley, who had
turned him out of his house " like a dog," and so on. This
statement having been read by the magistrates' clerk,
Earl Dudley addressed the Bench, and went into the
whole history of the annoyance to which he had been sub-
jected by the complainant and the man Southey, with whom
she lived in adultery. His Lordship stated that in July last
year Southey came to him in London and told him that a
brother of his (Earl Dudley's) had lost money to him, and
he called upon him in the name of all that was due to his
family and position to pay the debt. He knew nothing of
Southey then, and told him that his feeling about any
relatives of his family was that if a tradesman who had
trusted them with goods on the faith of a name came to
him he should consider his claim ; that he might feel
the same with regard to money borrowed—i.e.,
as to the principal, but not as to the exorbitant i:iterest
charged ; but as to gambling debts he would
-hot entertain
them for a moment, for if he did so he st-ould soon be re-
duced from an independent to a deKudent man. If he were
to fall into the hands of such Pe rogue as that (pointing to
Southey, who was present in court), the claims on him
might soon be such tltat no fortune could meet. Having
told Southey his glietermination, be then said the interview
must now een't ; but, as Southey still pressed his claims, he
told him if he would not leave the room he (Earl Dudley)
should, and he gave him to understand that if he did not
leave his servants would forcibly eject him. No force however,
was necessary, and he left. Next day he went to Scotland,
and while at the Worcester railway station Southey again
addressed him, whereupon he told him that if he interfered
with his privacy he would hand him over to the police, and
he then sneaked away. Six months passed away, when one
day at Witley-court he received a letter from a Mrs.
Southey and a card of Lady Shaftesbury, This was from
the complainant, who had called at the Court to see him.
lie went to her in the library in the belief that she bad
some charitable duty on hand, and, leaning against the
table, said, "To what cause, Mrs, Southey, am I indebted
for the pleasure of this visit ?" en. Which she whispered
something about unsatisfied claims on his family which
affected his honour. She then represented herself as the
wife of Southey, and he told her he had already given
Southey an answer, and mentioned what had taken place
on that occasion. She, however, would. not leave until he
had told her that she should leave the room, IShe then
asked him to allow his servant to order her carriage, which
he did, and she went away. His lordship went on to give
his version of the interview of the 12th of March, When
the complainant was announced he told his servant he
would not see her, and that the flyman was not to leave
the door without her. The servant returned end said she
was obstinate, that she would not go, and wanted to see the
housekeeper,on which he went into the library where she was
and said, " Mrs. Southey, I'll not permit this intrusion.
You must go." Site asked to be heard, but he told her he
had heard her ceee and given his determination, by which
he meant to abide. He took her by the left arra, not the
right as she had sworn, without violence, but determinedly,
to show her out of the room. She said "You'll touch me,
will yet"' and instantly attached herself to his whiskers.
Th-as it became a struggle betwee'h himself and a woman in
ale own house. She afterv,
-erds dropped his whiskers, but
attacked his head. Sbwould not leave the room, and he
put his arm rouno, nor, drew her out of the room, but called
to his serval".,, Weeks. No sooner did his servant appear
than he e. manner instantly changed, and she said " My lord,
, i -Kish you a very good morning," and walked out. He
never was more surprised in his life than at the sudden
change in her manner when the servant appeared. It was
bad enough to have to kick a man out like that fellow
(Southey), but worse to have to put a woman out of one's
own house. After she had left he retired for a minute to
his room, and on returning found the woman back again,
talking to his servant. She then begged pardon for touch-
ing him, but he made light of it. She still stood at the door,
clinging to it, and in the belief that it was about to be opened
he took her by the shoulders, passed her along the colon-
nade, and put her out. He gave a distinct denial to the
statement of the cabman, that he had taken Mrs. White
violently by the hand and swung her round in the hall.
He admitted that ho had intentionally taken the woman by
the arm and turned her out of his house, having given her
notice that he would not permit any intrusion, but he denied
that in doing so he had used more violence than was necess
eery. His lordship then called
William Weeks, a servant at Witley-court, who corrobo.
rated his master's version of the affair in every particular,
and said Mrs. White refused to go away when she was told
that Earl Dudley would not see her. She asked to see the
housekeeper, but he told her she could not come to see her.
There were no signs of illness or fainting in the complainant.
This finished the examination, and the Court, after re-
tiring for a few minutes, announced that they were unani •
mous in dismissing the charge.
The cross charge of assault against Mrs. White was not
gone into, and Earl Dudley said ho had only laid the infor-
mation to enable him to make a statement on oath. That
statement would have been a repetition of the remarks which
he had addressed to the Court.
The inquiry lasted to nearly 5 p.m.

SIR JOHN HERSCHEL'S NEW THEORY CONCERN-
ING THE SOLAR SPOTS.—To account for the perio-
dicity of the solar spots, Sir John Herschel, in an article in
the " Quarterly Journal of Science," throws out a sugges-
tion whether (granting the possibility that they may origi-
nate, directly or indirectly, in disturbances of an impulsive,
vorticose, or fluctuating nature, propagated into the photo-
sphere from the higher and more attenuated region of the
sun's atmosphere)—the vis matrix, or original exciting
cause, may not be found in the circulation of an elliptic
ring of planetary matter, in a state of division sufficiently
minute to elude telescopic vision, having a major axis such
as would correspond to an average period of 11 1-9th years,
and an eccentricity such as to bring its perihelion within
the region in question; the matter of the ring being un-
equally distributed over its circuit, with a minimum and a
maximum following in by an interval somewhat less than
its semicircumference. By assuming certain conditions as
to the constitution of such a ring, and the extent of devia-
tion from exact equality in the periodic times of its compo-
nent elements, he finds that not only the shorter period of
of 11 I.9th years in the recurrence of the spots first deter-
mined, but also the longer one of 56 years subsequently in-
sisted upon by Dr. Wolf, as well as the alternate increase
and diminution of the maxima of maculiferous energy, are
susceptible of explanation, as well as some other periodi-
cally-recurring peculiarities in their phenomena noticed by
Mr. Carting tom—Quarterly Journal of Science.
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