The Sun.
London, England, 1863-03-12 00:00:00

LAW INTELLIGENCE—March 11.

COURT OF DIVORCE AND MATRIMONIAL
CAUSES.
(Before the Judge-Ordinary and a Common Jury.)
DART V. DART. '

This was a petition by a husband for a judicial separation,
on the ground of cruelty. The respondent pleaded that she
had not been guilty of cruelty ; that if she had committed
any acts of violence they were provoked and justified by
her husband's misconduct; and that he had been guilty of
cruelty which entitled her to a judicial separation.
Dr. Wambey appeared for the petitioner, and Mr. E. C.
Clarkson for the respondent.
Rich. Dart, the petitioner, is a coach lace manufacturer,
living in Bedford-street, Covent-gat den. H made the ac-
quaintance of the respondent by calling upon her as a tract
distributor of an Independent chapel shortly before the death
of her first husband. He continued his visits to her when
she was a widow, and on Aug. 1, 1857, they were married.
According to Mr. Dart's account he discovered soon after
the marriage that his wife was in the habit of drinking more
than was good for her, and that her temper, especially when
she had been drinking too much, was very violent. He de-
scribed a number of quarrels which had taken place between
them on various subjects, many of them ending in acts of
violence. Among other complaints that he made against her
was that of annoying him in the presence of his workpeople
and customers. She also used to keep him awake at night by
talking. < n one occasion, after he had been kept awake in
this way until 8 o'clock in the morning, he got out of bed to
dress himself, meaning to go downstairs. She ran to the
door to try and get possession of the key, but he pushed her
to the ground, and prevented her from doing so, and he
said that they then went to bed and slept comfortably.
He described several other " tussles " of the same kind,
in which he had been obliged to hold her arms and restrain
her violence, and she had struck him in the face with her
fist, and had broken his spectacles. In October, 1860, she
threw a tea caddy at him, and threatened him with a knife,
and he called in a policeman. She made a disturbance in

the street, and was taken before a magistrate, who bound
her over to keep the peace and sent her to prison, where she
remained for a fortnight. She used some threatening ex-
pressions as to what she would do to her husband when she
was released, and he thereupon presented this petition. A
girl in Mr. Dart's employment, named Jane Bowes, and
other witnesses were called to corroborate his evidence.
Mrs. Dart was called on the other side, and denied many
of the acts of violence of which her husband had accused
her. Their quarrels, as she represented, arose from her re-
monstrances with him a bouthis familiaritywith Jane Bowes.
She complained of his going with Jane Bowes to prayer
meetings at 6 in the morning and to chapel afterwards, and
of his being on ene occasion in her bedroom, where he had
gone, he said, to see how the weather was. It was admitted
on behalf of the respondent that her jealousy of Jane Bowes
was without any foundation ; but it was contended that it
accounted for the respondent's conduct, and that Mr. Dart
might have restored peace to his household by removing
her chief cause of complaint. Mrs. Dart further accused her
husband of having given her a black eye and knocked her
down and committed other acts of aggravated cruelty.

The Judge Ordinary, in summing up, said that the dread-
ful and inveterate habit of drunkenness, which explained so
many of the matrimonial miseries exhibited in this court,
appeared to him to be the key to the conduct of the respon-
dent.
The jury found a verdict for the petitioner.

COURT OF ADMIRALTY.
(Before Dr. Luhington and Trinity Masters.)
THE ELIZA BENCKE-SALVAGE.

The Court was occupied during the whole day in taking
evidence in this case. The examination of the witnesses was
not completed at the time of adjournment.
Dr. Waddilove and Mr. Clarkson appeared for the sal-
vors, Mr. Brett, Q.C., aad Mr. V. Lushington for the
owners of the ship.