The Sun.
London, England, 1863-11-26 00:00:00

THE SUN, LONDON, THURSDAY EVENING, NOVEMBER 26, ;1861

LAW INTELLIGENCE---This Day.

COURT OF QUEEN'S BENCH.

(Sittings in Nisi Prius, before Lord Chief Justice Cock-

burn and a special jury.)
THE QUEEN ♦. V HITHURST.

This case, which created considerable interest some
time ago, it will be recollected, was an indictment
preferred by a gentleman named Rogers, a cornet in the
Dragoons, against Mr. Whithurst, a solicitor at the West-
end, charging him with writing and sending a letter of an
extremely disgusting nature, and making an appointment
to meet him at the archway in the Green Park, when, the
prosecutor having communicated with the police, the result
was the present proceedings. An indictment was preferred
against him at the Central Criminal Court, but it was re-
moved by certiorari into this court, and at the sitting after
last term the special jury summoned were in attendance for
eight days, but the case was not mentioned until the ter-
mination of the sitting, and it was made a remanet until
after this term.
The defendant appeared in pursuance of his rccog-
nisances.
Mr. Sergeant Shee, with Mr. Sergeant Eallantine, Mr.
Pope Hennessy, and Mr. F. H. Lewis, instructed by Lewis
and Lewis, of Ely•place, appeared for the defendant.

On the jut), having been sworn,
No prosecutor appearing or counsel for him,
The Lord Chief Justice asked where the prosecutor was,
and whether he was not represented by counsel f
Mr. Sergeant Shee said that neither himself nor his
learned friend had heard that any one appeared.
The Lord Chief Justice—Was any one bound over to
prosecute ? if so, the recognisances must be estreatcd.
Mr. Sergeant Shee replied that no one was bound over
to prosecute.
The Lord Chief Justice then informed the jury that there
was no case to be proceeded with, and the defendant must
be acquitted.
The foreman of the jury complained that they had been
in attendance for eight days, at the last sitting uselessly.
The Lord Chief Justice asked whose the jury was ?
Mr. Sergeant Shea said the defendant's, and they would
be paid accordingly.
The defendant then left the court with the party of
friends by whom he was surrounded.

DIVORCE COURT.
(Before the Judge Ordinary,)
BENNETT V. BENNETT.

This was a suit instituted by the wife, formerly a Miss
Fletcher, the daughter of a lady of fortune, formerly resid-
ing at Upton Park, Slough, against Mr. Robert Barker
Bennett, a gentleman of independent means, for dissolutisz
of marriage, by reason of his adultery and desertion.
There was no appearance, or denial of either the adultery or
desertion.

Dr. Spirks said the present was a case of a very cruel
description. The marriage took place in 1856, and the
parties afterwards went to Leamington, St. Leonard's, and
Brighton, and on their return to town he took his wife to
lodgings in Conduit-street, although his residence was at
Bloomfiald Lodge, Notting-hill, Bayswater. They resided
together until the end of 1857, and then the last she saw
of him was in February, 1858, except over in Paris, in
1860. He should be able to prove the respondent had all
along been residing with another female, by whom he had
two children.

The marriage having been proved,
Mrs. Marian Fletcher, the mother of the petitioner, said
—I knew the respondent in the spring of the year before
his marriage with my daughter. He was a gentleman of
independent means, and resided at Bloomfield Lodge, Not-
ting-hill. I and my daughter had visited there before the
marriage. After the wedding my daughter and her hus-
band commenced a tour. They went to Cheltenham,
Leamington, St. Leonard's, and Brighton, from
thence they returned to town, and 'went to reside
at Mr. Payne's, in Conduit-street. They were absent
I should think about a month. I received a letter from
Brighton to meet my daughtei and Mr. Barker Bennett at
Bloomfield Lodge with luggage.. I went there, but was
refused admittance by the housekeeper, Mrs. North, and
the luggage, was turned from the door. I then went to the
hotel and met my daughter. Mr. Bennett and my daughter
went to reside at Bloomfield Lodge, and remained there
until September, when they went to reside in St George's-
square, Pimlico, and resided there until the autumn in the
following year, 1857, when Mr, Bennett sold off the furni-
ture, left the place, and went to Liverpool on a visit to his
friends at Manchester and Liverpool. At the Christmas of that
year I invited Mr. Bennett and my daughter to spend the
holidays with me at Upton Park. My daughter came, but
Mr, Bennett did not come until February, and then he made
the excuse that he could not leave his son, we believing at
that time that it was a child by a former wife. Mr. Ben-
nett's manner was strange and rambling, and made no allu-
sion as to his wife's future residence, in fact we could get
no satisfactory answer from him ; and, after being there
about half an hour, he left, merely bowing. He did not
shake hands with me or my daughter, and we did not see
him again until I went, in 1860, with my daughter, from
something we had heard, to Paris, ;and there saw Mr.
Bennett and his son at a boarding-house. We spoke to
him, but he a - sily replied, "You are on the wrong scent in
expecting to the woman I was living with in London
in September, 1862." I and my daughterimet him at the
Spa at Scrlboraugh. My daughter did' not speak to him,
but he spoke to me, and said ae had no shake to disguise
the manner he was living. In July last lir. Bennett came
to my house in Welbeck-street, and behaved in a very low
and vulgar manner, and said if he did flak have money to
spend, and that if I did not give him £soo'he would have
my life. His conduct was very violent and his language
coarse. I ordered him to leave the house, and I did not see
him again until I saw him at the police court, where he was
bound over by Mr. Arnold to keep the peace.
By the Judge—When Mr. Bennett came to my house in
February, 1858, he gave no reason whatever for his con-
duct, or what he was going to do for his wife.
Mr. Alfred Collinson, surgeon, of Notting-hill, proved
attending a lady in her confinement in 1860, at 310, Mary-
lebene-road ; a Mrs. North appeared to be the housekeeper.
He saw a gentleman, whom he supposed was the father ;
when he called on bum he gave the name of Bennett, the
lady's name he understood was Berkeley. The petitioner
was not the lady he attended.
Several witnesses were called to prove the respondent had
been living with another lady at Hampton-wick, and other
places.

Mrs. Bennett, the petitioner, was called to prove the plea
of desertion. She said—l first became acquainted with the
respondent in 1856, in which year I was married to him.
We went to Cheltenham for a week after the ceremony, and
from there to St. Leonard's. When we came to London we
went to Bloomfield Lodge, and stayed there about a month.
I found no one in the house but a gardener, and I then
went to live in St. George's-square, and from thence I went
to my mother's house at Slough for the Christmas holidays.
1 travelled alone.

By the Judge—The only excuse he gave for not awning
to Upton Park at Christmas was that he was engaged at
home with his son, and that he would not have me at home
with the boy. He only remained an hour, and when I
askedhim where he was going, he said to London, and that
I must remain with my mother. He gave me no address,
and the only letter I ever had was one enclosing a i 5
note for the payment of a small bill. At the time
I married him I believed Mr. Bennett to be a
widower. The reason I did not reside with him
in London was because he always refused to allow me to
come where his Loy was. I then became fearful that his
first wife might be alive. He wrote a number of letters
abort the talc her of his son, but they invariably contradicted
each other. I recollect the address of one of the le;ters was
Marylebone-i oad. He told me in one of the communi-
eations that he positively would not have me under the
same roof as his child. He absented himself until
February in the following year, when he came down to
Slough, and after stopping about half an hour, he left with-
out taking the slightest notice about
,my returning home
Inevsecrarsbaowraumayh h. usband again until I saw him in Paris
and
The court granted a decree nisi with costs.

COL RT OF BANKRUPTCY.
(Before Mr. Commissioner Goulburn.)
BE W. L. T. TOLLEMACHE.
This was a meeting for choice of, a new assignee under
the estate of this bankrupt, generally known as Lord
Huntingtower. The bankruptcy took place as fat back as
1846. The new choice became necessary in consequence of
the death of the assignee originally appointed. Lord Hunt-
ingtower was present, and appeared to take great interest in
the proceedings.

Mr. Cunningham said that the meeting had become ne•
cessary in consequence of the death of the:former assignee,
and he also stated that there was a prospect of a dividend
shortly.

liisllonour--" Shortly!" That is a word of somewhat
doubtful signification in this court.

of
il e yxlt e,2nodBe. r e dI
It appeared
onapprpoeoafra d t behalfghaxt2 ofohoe
in
hllatrdh.
ebplaslhiltdaiixt:e.shooioef
ftoor3tihares.uhenloillider of an acceptance of Lord a
tlloubnritninggatonwaecrtifoonr
emitted, but a claim
discount, but
hthaet zapsedcitaaatpiopnLiterdea, laisaiciii
judgment must be
and recovered judgment for £1,028, for which sum he now
claimed to prove.
opfrooaptinaioounldthabte
admitted,
might be entered to be expunged, unless turned into a
recileiiveelidebneteburre was
se
proof within six months from the present date,
diThere. was no discussion on the choice.
------

ZIIERIFFS' COT/RT.
(Before Mr. Kerr.)
THE sCHOOLMAsTEIt AND THE sTRAWBERHIEs AlcD

---
CREA.M.-310SES V. WILLES.
This was an action to recover a small amount for goods
supplied, plaintiff being a fruiterer of Gracechurch-street,
and defendant a schoolmaster of Kelvedon.
Mr. Gamtnan, for the plaintiff, said he believed that the
only item in dispUte was that relating to certain straw-
berries 'and cream for which plaintiff charged 15s. Defen-
dant said it was a gift, but that would be denied.
Plaintiff was called, and said that in July last defendant
and Mrs. Willes had strawberries and cream to the extent

of 15s. lo wards the close of last year plaintiff sent him to
order some oranges and nuts.

Cross-examined by Mr. Butler Rigby, for defendant—
All the other goods are booked. The strawberries and
cream are not. I never had grapes for the nuts and oranges.
Defendant sued me for an account for fruit supplied to me

Miss Alexander, attendant in plaintiff's shop, said that
plaintiff and his wife were invited to take some strawberries
and cream, but it was intended to charge for them.
_ .

Mr. Rigby then called his client, who deposed to having
personally delivered certain grapes at plaintiff's shop. Did
not include them in the fruit account because it was a
small affair, and he considered it settled by the oranges and
nuts, As to the strawberries and cream, it arose in this
wa•, —when defendant used to call to get a settlement of his
account, plaintiff used to say, " All right, my dear sir, sit
down and have some strawberries and cream." (Great
laughter.)
His Honour—lt was a very agreeable kiad of bribery.
(Renewed laughter.)
_ _

Mr, Itigby—A very agreeable and seasonable kind on
July. (Great laughter.)
His Honour was bound to believe defendant's version
when he found everything booked but these items, and he
should find for defendant.

Mr. Rigby—Now, sir, I apply for °eats.
His Honour—Oh no. You have had your strawberries
and cream. (Laughter.)
Verdict for defendant.

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-ST.REET.

A SCENE AT A NIGHT DEN IN THE
Catherine Harrison, a young woman, was charged with
assaulting Thomas Howard, the keeper of a night refresh-
ment house at 51, Haymarket.
The complainant said—l keep a refreshment house at 51,
Haymarket. The prisoner has been in my service, but in
consequence of her conduct I discharged her, after paying
her her wages, and last night she assaulted me.
Nathan Leech, 324 A, said—At half-past eight last night
I was called to the house—

Mr. Yardley—ls it a night house, and the resort of dis-
orderly prostitutes ?

Leech—lt is, sir. The complainant and the prisoner
were fighting, he having hold of her hands, and she having
hold of his hair. The prisoner tried to strike the com-
plainant and to scratch him. At an earlier hour last even-
ing I had been called to the place to separate the com-
plainant and the prisoner when they were engaged fighting.
There was a large mob round the door, and the same scenes
have been going on nightly between the complainant and
the prisoner for a fortnight past.
Prisoner—l lived with him, and when I came out of pri-
son he came after me and took me home with him, and I
lived with him for five weeks.

Complainant—The other night, notwithstanding that
she promised to behave herself, and I was actuated by the
desire to save her, she threatened to thrash us all, and she
did so to rights. I then got rid of her. I afterwards went
out for a walk and then met her, and she asked me to take
her back, and I did so.

Mr. Yardley—What are her duties ?
Complainant--To do what is required as a servant.
Mr. Yardley—Are you a married man ?
Complainant—No.
Mr. Yardley—Now, does she not sleep with you?
Complainant—Oh, no; not lately.
Prisoner—l do, and after being with him he has turned
me out without a farthing. _ .

Mr. Yardley—You are; pair of profligates, and he gets
his living by profligates. I hope the police will keep their
eye on the place ; but, at all events, the public peace must
not be broken. I shall therefore order the prisoner to enter
into her recognisances to keep the peace and be of good be-
haviour. _ _

The place kept by the complainant is said to be visited
mostly by the you,ag prostitutes frequenting the Hay-
market.

IVESTMINBTER.

WILFUL DAMAGE AT 'A TATERN.--MAYING A Vow.—
Ellen Lee, a middle-aged woman of dissipated appearance,,
was charged with wilfully breaking a pane of glass, value
305., at the house of Mr. Mainwaring, the Thrae Tuns,
Broadway, Westminster. *
Conspiainant said that the defendant came to his house
last evening, and having made use of most indecent lan-
guage he ordered her to leave Vie house, but she continued
her misconduct and refuse& Ile then attempted to remove
her, when she dashed her fist, with a key in it, through a
pane of plate glass.
Mr. Arnold—Was she drunk?
Complainant—After she had done the damage she pre-
tended to be so.

Mr. Arnold—How long had she been in your house P

Complainant—Not above half an hour, and I had not
served her with any drink. The very moment that she
misconducted herself I requested her to leave, and I should
have done so before had I thought her under the influence
of liquor.
Defendant—Let me go, your worship. I'll pay for the
glass at a shilling par week. Do let me vow. I have taken
a vow not to drink any more.

Dennis, the jailor—She has only been out two or three
days from seven days' imprisonment for being drunk and
riotous. She said she had taken a vow then.

Defendant—Oh I I will keep it now, your worship, if you
will let me go.
Mr. Arnold—l cannot allow you to go. Publicans are
to blame if they allow persons to get intoxicated in their
houses, but where they conduct their business properly they
are entitled to the fullest protection. _ _

Defendant was committed for 14 days to hard labour in
the House of Correction.

THAMES.
EXTRAORDINARY AND FATAL AFIFRAT At miaow.
Music HALL.—Peter Melly, a professional singer, who has
been for some time one of the leading men at Wilton's
large music hall, Wellelose-square, was brought before Mr.
Woolrych charged with manslaughter, in killing and slay-
ing Thomas Bunn, a North Sea pilot.
The case excited a considerable amount of interest, and
nearly the whole of the corps dramatique of the music hall,
with the proprietor and manager, {were in attendance.

Mr. Lewis, jun. (firm Lewis and Lewis) attended for the
prisoner, who was very ill and agitated, and at the request
of the solicitor he was accommodated with a seat, into
which he had to be supported by the officers near him. The
widow of the deceased was led into court in a fainting
condition. She was sobbing loudly, and was also accom-
modated with a seat near the witness-box.

Police-Sergeant Prior, No. 2 H, said that last night at
half-past 11 o'clock a man came to the station-house in
Leman-street and made a statement which induced him to
send a police-constable to Wilten's Music-hall, and the
prisoner was brought back in half an hour and charged with
manslaughter. He cautioned the prisoner, and told him he
was charged with causing the death of a man. The
prisoner made no reply.

_
Mr. Barnett Salomon, cigar maker, of Ne wcastlo-place,
Whitechapel, was in Wilton's Music Hall last night at 15
sober,
deceased, who
hand
present
and
said with
sh hisu
t
p
wifeu .
:ni
oo and
iit r
was n
minutes past 10 o'clock. He was stationed at the end of the
hall near the stair. The prisoner was on the stage singing
an
oner appeared much annoyed at the inter-
ruption, To
p bhe
re ,lifted up his
ceased again called out shut up. The pri-
soner threw his hat at the deceased, who made some insult-
ing observations. The prisoner then jumped off the stage,
up,„
encore
The easo
dpn
r notgdi
and attacked the deceased, and hit him about the
neck and shoulders. Much bustle and consternation
ensued among the audience, the midst of which
the prisoner got upon the stage, again attempted to make a
and that taintdwsaas theicibe was very sorry for what had occurred,
first time during his professional career
that anything of the kind had taken place. The prisoner
made an attempt to speak a few more words, but was unable
to do so.
By Mr. Woolrych
-4 was not aware anything serious had
happened until an hour afterwards, when I heard the man
who was struck was dead.
similar •
Michael Harris, a traveller, gave evidence. He
saw the prisoner leave the stage and strike the deceased,
who was sent home in a cab, and died on the way there.
Mr. Lewis, jun.—Did you hear the observations made by
the deceased f

was very disorderly, and challenged the prisoner to leave
the We
tangees s—a
n
i
and that he died almost did not,
fight
and it a
Other evidenee was gone into, appeared deceased
imme-
diately after he was struck.
Mr. James Sequeria, surgeon, of Munsell-street, White.
chapel, went to the deceased's house in St. Mark-street,
Whitechapel, last night, and found him dead. There
was a little puffiness about the back of the head.
It was more the result of a blur tkan anything else. He
cotild not state what was the cause of the death.
Mr.
Lewis, jun,
said he had many witnesses to call who
would prove the riotous and provoking conduct of the de-
ceased and his insulting observations. No one could be
snore sorry for what had happened than the prisoner. Mr.
Wilton also regretted very much such a thing should have
happened. Mr. Wilton had been in the chair near the
stage for three hours and a half, and had only just retired
when this melancholy affair happened, There wore upwards
of 1,200 persons in the hall. It was a benefit night. He
could not resist a remand, but he hoped bail would be taken.
and
Dlr. Woolyrch remanded the prisoner until Monday,
said at this stage of the investigation he would not take
bail.
The deceased was 49 years of age, of a full habit of body,
and up to the period of his visit to the hall last night was in
tolerably good health.

LIFEBBOAT SERVICES .—ST. IVES, CORNWALL,
Nov. 24.—The lifeboat of the National Institution
on this station went off a few days L go, during a strong
gale of wind, to the brig Benjamin Boyd, of Bristol, which
was in distre,s, On reaching her, however, the services of
the boat were not required, the brig being then iu apparent
safety. Seeing a pilot gig with her crew of seven men in
danger, the lifeboat rescued them from their perilous posi-
tion, aid brought them and their gig safely ashore.