The Sun.
London, England, 1862-12-11 00:00:00

explosion at barley Main. The unfortunate woman -
has again lost her sole support by this c ,]amity.
Mrs. Hartley died a few months ago, and now the
father and two sons are carried off, leay.r g the re-
maining child, a girl, dependent upon c' arity.
The engineers who were consultin,; with Mr.
Morton, the Government Inspector, determined at
9 o'clock last night to " seal up" the three shafts
and turn the water of a neighbouring steam into
the mine, in order to put out the fire. The decision
gave rise to violent dissatisfaction amid the ♦ast
crowd who were anxious to see the bodies removed.
A descent of the shaft was clearly impossible with
any hope of success, yet there were hundreds of men
ready and eager to descend if they had been per.,
mitted. Threats were openly made CO to what
would be done if the engineers persisted in their in-
tention, and a serious riot was apprehended for

some time.
A deputation of six veteran colliers was appointed
to wait upon the Government Inspector, and ask
him for permission to descend the mine. Mr. Mor-
ton firmly refused, alleging that if a descent was
made the probability was that there would be ano-
ther explosion more severe than the others. The
men pleaded that the relatives of the deceased were
in a fearful state of excitement on the subject, but
they themselves admitted that it was impossible
for any of the men in the mine to have lived after
3or 4 o'clock on Monday. In the evening a large
stone was thrown through the office window. It is
feared that if the water is turned into the mine
weeks, or even months (as was the case at Lund-
hill) may elapse before the bodies can be got at.
Two deaths have taken place among the men
brought to the bank after the explosion.

An inquest was opened at the Mason's Arms last
night by Mr. Taylor, and adjourned to Monday
next.

ANOTHER ACCOUNT.
This terrible calamity continues to engross the
attention of the South Yorkshire mining districts.
Nothing so fearfully disastrous has occurred in

Yorkshire since 1857, when the great explosion at
Lundhill sent a thrill of horror throughout the
whole country. By the investigations and inquiries
made at the scene of the disaster on Tuesday some
further interesting particulars have come to hand.
The Edmond's Main Colliery is situated about two
miles and a half in a south-westerly direction from
Barnsley. The upper works of the mine are placed

within a short distance of the South Yorkshire coa

line to Worsborough and district, which run parallel
with the Dearne and Dove Canal. The workings
extend east and west for about 1,800 yards, and in
the east they were being extended to establish a

connection with the new Swathe shaft, which also
belongs to the colliery company. There are two
downcast shafts and one upcast, which is about 290
yards distant from the others, and is a very large
and well built shaft. The managing partner is Mr.
Joseph Mitchell, who was assisted by his son, and
the general steward of the mine, a man named
Lawton, universally respected for his experience
and skill in mining affairs. The mine has
bean in operation about nine years, and
the quantity of coal got from the seam, which
is here nine feet thick, has been very large. A
branch line runs to the pit mouth from the
South Yorkshire line, and the colliery has been one
of the most productive upon the line. The number
of men and boys employed was slightly over 300,
and some parts of the mine were worked day and
night, in order to supply the demand for the coal.
Having thus recapitulated a few of the most essen-
tial particulars, we proceed to describe more in de-
tail than we were enabled to do yesterday the ter-
rible disaster which has suddenly broken in upon
this busy scene of industry, and plunged into eter-
nity a great number of industrious workmen.
The explosion was caused, as stated in our quo-
tation from the Sheffield Independent yesterday, by
a fire in the eastern extremity of the workings,
which were being driven to connect the mine with
the Swathe shaft. It seems that the men who
were engaged in driving the heading determined
to blast the coal with gunpowder, and accord-
ingly a hole was drilled in the seam, and a
charge of powder inserted in the usual manner.
The duty of 4‘ -Bring the shot," as the miners term
the exploding of the charge, devolved upon men who 1
were specially selected for the purpose. At a period
which cannot be exactly ascertained, but it is vari-
ously stated at between half-past 7 and 9 in the
morning, the shot was fired by a man named Wal-
ton, and the result was most disastrous. The ex-
plosion ignited the gas, which was issuing very
freely from the newly-cut face of the coal, blew
down several brattices—air courses—and finally set
fire to the seam of coal. According to the state-
ments made by several intelligent miners with whom
we conversed, the condition of this part of the work-
ings was peculiarly dangerous in consequence of the
incessant emission of gas, and it certainly seems un-
accountable why blasting operations were allowed
to be carried on there. The men who were at work
in the board-gate, where the shot was fired, did all in
their power to extinguish the fire and restore the
ventilation. But they were unsuccessful, although at
first the fire spread very slowly, and there were hopes
entertained that it would be extinguished before it
became necessary to alarm the workmen. State-
ments vary upon the question as to whether any
warning at all was given to the men. Some of the
miners, who were working near the scene of the fire,
were made acquainted with the ominous fact by
their " hurriers," and several of them proceeded at
at once to the pit bottom, and were drawn to bank.
But many others, who were working at a great dis-
tance from the fire, complain that they were never
warned of the danger, and that they made their
escape with great difficulty from the spreading of
the deadly gas. About half-past 11 o'clock a mes-
sage was sent from the colliery to Mr. Mitchell,
the managing partner, from Lawton, and the mes-
senger found Mr. Mitchell and his son standing to-
gether at the Swathe shaft. What was the nature
of the message we have not been able to ascertain,
but that it was urgent there can be no doubt, for
Mr. Mitchell and his son went with all speed to the
colliery, descended the shaft, and met Lawton, who
stated it is said the circumstances which had occurred
in connexion with the firing of the shot. Mr.
Mitchell, senior, laid an especial charge upon Law-
ton to be exceedingly careful in what he was doing,
but we are not informed that it occurred to either
of them to have the miners sent out of the pit, and
thereby prevent the danger of a wholesale sacrifice
of human life. Lawtonotssured Mr, Mitchell that
he had plenty of bricks and lime at hand, and that
" he hoped soon to build up the stoppings and make
all right." Mr. Mitchell, jun., then went to the
cupola pit, and ordered the furnacemen to put
out the fire immediately, which was done ; and the
two returned to the pit bank just before the first
explosion (that at 11 o'clock) took place. One of the
killed, named Thomas Oxterberry, had earned a re-
putation for fearless hardihood. He also formed one
of the band of explorers at Lundhill, the Oaks, at
the explosion at Messrs. Twibell's colliery, at the
upper end of the Dale ; and on other occasions his
ever-ready and useful services have been called into
requisition. The fate of Lawton, the steward, and
his eldest son was very melancholy. They bad left
the mine after the first explosion, but returned in a
short time and went down the mine to attempt to
rescue the men imprisoned in the distant workings.
They never returned.
About three o'clock it became evident that to con-
tinue the attempts to explore the mine would only
be to court a useless sacrifice of valuable lives. At
that time about seventeen injured men had been
brought to the pit bark, and were at once attended
to by the surgeons who had been summoned from
Barnsley. One of the sufferers, named Davy, died
in a short time after he was brought out; and
another, George Pickering, whose dreadful injuries
edynerdi g
t erdite
szdness: agony.ribl The Tues Tuesday ymaosf afternoon, r nhoaornro,
harrowing
afterign
en
stories are told of the condition of some of the men
who had been struck by the first blast and were seen
endeavouring to
furnaceman make their way to the shaft. The
-Bickering, is is said to have had two of
and one of the men
saw him come up
ing his way to the shaft"
With, one of who was mak-
ing Sons working in
Pickering was then un-
injured, and he asked the boy where his brother
was. The lad replied that he was a little away

a-head, and the father replied in an affectionate
tone, " God bless you; make haste out of the mine."
A most remarkable and apparently trustworthy
story of a presentiment of the approaching danger
which was felt by one of the miners is current in
the locality, and is vouched for by a respected leader
in a religions denomination. An old man, a miner,
who had long been a member of the Wesleyan body,
worked in the mine with his two sons. On Mon-

day morning, before leaving the house, he appeared
greatly troubled and agitated, and stated that he
had a strong presentiment of impending danger.
He engaged in fervent prayer with his sons, and
arose with his mind somewhat relieved. But the
feeling of depression returned before he left the

house, and he exclaimed. " I don't feel easy, lads,"
and again asked them to join with him in a special
supplication to the Almighty for protection whilst
in the mine. They then went to work, their work-
ing places being near each other. Shortly before
11 o'clock one of the young men saw what he de-
scribed as "a wall of smoke" coming up the head-
ing. He ran to his father, and related what he had

seen, and the old man exclaimed, " Then it's all
over." But hope did not desert them, and they
immediately ran in the direction of the shaft, each

having on only his working trousers ; they reached
the shaft just as a number of corves were being sent

up; they got into the cage, and reached the pit
bank in safety, before the first explosion took place.
The " wall of smoke" which the young man saw
was probably a burst of smoke produced by the ex-

plosion of the gunpowder used in firing the shot,
but its appearance confirmed their already existing
apprehensions of danger, and prompted their
speedy and fortunate retreat. It is a noteworthy
fact, that some of the members of the exploring
parties state that they heard several of the miners
whose escape was cut off by the gas praying
with great fervency. There are few unacquainted
with the peculiar habits and temperament of the

miner who would credit the existence of the

deep and apparently sincere religions spirit which
animates many of these men, and which has

from time to time produced noble examples of suf-
fering borne with uncomplaining fortitude, and

danger and death in their most terrible forms en.
countered with the simple heroism of the true Chris.

tian. That such cases are not rare in this district
is well known ; and some consolation may be

gathered for the survivors from the fact that many
of the men now lying " asleep" in Edmond's Main
were not altogether unprepared for their sudden
and fearful fate.

The presence of an immense crowd of persons from
Barnsley and the surrounding villages, on Tuesday,
testified to the interest which this great calamity
had excited. The road from Barnsley was thronged
throughout the day with crowds of pedestrians,
many of whom were on their way to the colliery to
ascertain the fate of relatives or friends. Many of
the men who are dead formerly resided in Barnsley;
and here and there on the road were seen groups

collected round women, whose pale and grie
stricken features too surely bore witness to the ex
tent of their distress. Around the pit mouth there
was a vast crowd, amongst which were a large
number of the wives and female relatives of the de-
ceased. Some of them carried young babies in their
arms, and the greater part presented a very squalid
and poverty stricken appearance. Their grief was
painful to witness—the more painful that it did not
find vent in noisy demonstrations, but was expressed
by the pale, rigid features, and the fixed and tear-
less gaze with which they regarded the fatal shaft
—the grave of their hopes.
Very soon after the occurrence of the last and most
fearful explosion, the proprietors of the mine sum-
moned to their aid several local gentlemen of emi-
nence as mining engineers, Mr. Brown, of the firm
of Brown and Jeffcock, of Sheffield and Barnsley ;
Mr. Maddison, of the Worsbro' Park Pits, and Mr.
Mitchell, the managing partner, held a consultation
with the view of deciding on some means of extin-
guishing the fire in the mine, and recovering the
bodies. As one result of their deliberations, a
large body of workmen were set to dig a trench
from the main shaft to a small stream near the
Dearne and Dove Canal, the intention being to flood
the works from that source. The men worked in
strong relays .:wring the whole of the night, and on
Tuesday morning were still vigorously at work.
The difference in the levels of the pit hill and the
bed of the stream was so great that the trench was
required to be cut to a depth of 14ft. lin. through
the hill before any fall could be obtained by which
the water would run into the mine. The cutting
was partly through the rock, and the work entailed
immense labour, and was not concluded when we
left the colliery in the evening. The preparations
to flood the mine were viewed with marked dis-
favour by a large number of the younger colliers,
many of whom were anxious that another attempt
should be made to recover the bodies before the
water was turned in upon them. This feeling was
very naturally shared by the wives and female re-
latives of the entombed miners, and as the day wore
on and no attempt was made to go down the mine,
the crowd indulged in some strong expressions of
opinion. The front of the office, wherein the con-
sultation were being held, of Mr. Morton, the go-
vernment inspector for the district, and the gentle-
men above-named, was thronged with women, whose
overpowering anxiety to get the bAies of their
friends out of the mine was repeatedly expressed.
About 3 o'clock, Mr. Morton and Mr. Bartholomew
passed through the crowd, and immediately after-
wards a cry was raised for " volunteers to go down
the shaft." Instantly the number mentioned—six—
was supplied thrice over by the brave but unreason-
ing miners; but after a long interval of anxious
suspense, it was decided that there should be no at-
tempt made to penetrate into the mine until it was
ascertained whether the fire was out or not. The
decision was received with great dissatisfaction,
and eventually a deputation, consisting of eight
veteran colliers, was selected to wait upon the
managers. The men composing the deputation
were John Shelton, James Shork, John Rigby,
Edward Thorley, Richard Wilson, Wm. Stenton,
John Wroe, and Robert Ratcliffe. They were ad-
mitted to an interview, after which they stated
that they had come to the conclusion that nobody
living was left in the pit on Tuesday at four o'clock,
but that the crowd wished to see the bodies out.
Mr. Morton replied that as Government inspector
he could not assent to the application. He could
not allow any one to act in a manner which would
probably put more lives in peril by causing an-
other explosion, more severe than the others. The
blind and ignorant impatience of the crowd exhi-
bited against Mr. Morton became more serious, and
a large crowd assembled in front of his quarters in
the evening, and one of the men was seen to throw
a stone through one of the office windows. A riot
is anticipated if the intention to flood the mine is
carried out. It was expected that the water would
be turned in about eight yesterday morning.
In reference to the ventilation of the mine, the
general statement is that the supply of air was
very good. In a statement proceeding from the
proprietors, we found a passage :—" The mine was
worked with safety-lamps—Stephenson's." In test-
ingao the various rumours by personal inquiry
amongst the men, we
ewne were
used as suunr et
until
lmostsst Saturday, positively
thatm n
nog lamps hadn,
and then only by the men engaged in working near
wheres
athe d
eedx
that plosion
th
etook s phlsatic
fi
rTe
dh,e,
roe other e
di ni
yf oirn-
ma n t
that district during the past week, and that on one
occasion a fire burned for three hours before the
steward and his men succeeded in extinguishing it.
The truth of these statements will of course be
tested by a jury.
The calamity has deprived 29 women of their
husbands, and made '77 children orphans. There
were 15 single men and one widower amongst the
killed, and eight boys. Some of the cases are pe-
culiarly distressing. 'l'be widow of one man (Chas.
Frobisher) had, when she married him, a family of
three children by her first husband, who was killed
at the great explosion at Darley Main. The unfor-
tunate woman has again lost her sole support by
this calamity. In one family (named Hartley)
death has been busy. Mr. Hartley died a few
mouths ago, and now the father and two sons are
carried off at one stroke, leaving the remaining child,
a girl, dependant upon charity for a livelihood.
Many of the households in Worsborough Dale and
(the Common, so lately happy and thriving, have

THE SUM LONDON, TIOTRSDAT EVE

been suddenly deprived of their breadwinners, and
reduced to despondency and poverty. Mr. Smith,
surgeon, of Barnsley, who is assiduously attending
to the sufferers, states that several of them are in a
critical position. Every attention is being paid to
the unfortunate men, and there are hopes enter-
tained that the bulk of them will be able to go about
again in a short time.
Mr. Taylor, coroner, opened an inquest on Tues-
day night on the body of the man named Davy, then
lying at the Masons' Arms. Formal evidence of
identity was given, and the inquest adjourned.
George Pickering died whilst the inquiry was pro-
ceeding.
At nine o'clock on Tuesday night the engineers
of the inspector determined to seal up all the pits,
and turn the water in, with a view of putting out
the fire. Threats were freely uttered as to what
would be done if the engineer persisted in their in-
tention.

LAW IN7 ELLIGENCE, Dec. 10.

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius after Term at Guildhall, be-
fore Mr. Justice Crompton and a Common Jury.)
LUTE V. HORN ER.
This was an interpleader to issue to try the
plaintiff's right, as against the defendant, to certain
goods seized in execution on the premises, 103,
Great Russell-street, Bloomsbury.
Mr. Huddlestone, Q.C., and Mr. H. Clarke were
counsel for plaintiff; Mr. Sergeant Ballantine and
Mr. J. Simon were counsel for defendant.
The defendant, Mrs. Horner, is a widow lady,
and a teacher of dancing, and the plaintiff is a piano-
forte maker at 103, Great Russell-street, Blooms-
bury-square. The defendant was the execution cre-
ditor of the plaintiff's father, and the question was
whether the goods belonged to the son or the father.
The plaintiff alleged that the partnership that ex-
isted at one time between him and his father was
dissolved in February, 1860.
In cross-examination the plaintiff said that about
the time the execution was put in he compromised
with his creditors_ He owed £BO, and he paid over
X4O. After the execution he sold £4OO worth of

pianofortes by private contract. £1,183 was the
amount of the execution debt. He saw his father at
Calais in June last. At one time by arrangement
his father's attorney acted for Mrs. Horner. The
origin of the acquaintance with the defendant arose
from her borrowing a piano when she was Mrs.
Marriott. He visited the defendant, and was pre-
sent at one evening party. He never heard or knew
that the defendant was a woman struggling with dif-
ficulties and wor king heard for her living. She mar-
ried her late husband in 1851. He kne w she had
entrusted valuable securities to his father before
her husband's death. Previously, she called and
saw him and his father. She had asked his father
to realise. He obtained £2,300 for the bonds
through Mr. Lamb, his friend, a wine and spirit
merchant, carrying on business in Mark-lane. He
had realised two or three days before that inter-
view, and he knew she was coming for the money.
He knew that her husband was ill, but he was not
aware that he was on his death-bed. The whole of
the money was paid over to the defendant. He did
not hand over £5O and say the remainder should be
forthcoming on the following day_ He saw the
whole of the money handed over to her.
Mr. Sergeant Ballantine—Did it remain long
with her ?—I don't know.
Don't you know that your father obtained it
again from her ?—I do not. I swore the notes
were counted out, and he handed the whole of the
money over to her in her father's back drawing-
room. He did not take a receipt for the money.
He then left the room. He had no doubt his father
had some of the money from her. He could not
say if his father kept all the money except £5O. He
did not ask his father how much he had kept back,
and his father had never told him. He had great
doubts that it went into the business. It was some
time after Mr. Horner's death that he heard that
his father had kept back the money. He did not
ask his father how much money he had kept back,
because it was no business of his. He had no curio-
sity about the matter. He did not think it was a
dishonest transaction. He was not aware she had
not been paid back one halfpenny of it. An action
was brought against his father by the defendant
for £l,lOO. Judgment was allowed to go
by default, and execution was issued. Chan-
cery procedings were instituted in relation
to the bonds, and Mr. Broughton, his attorney,
acted for her. After the commencement of the
Chancery proceedings he took the defendant to
Brussels under his attorney's advice. He was not
aware that his father was paying his addresses to
the defendant. It was the first time he had heard
of it. He had no curiosity to know the amount in
dispute between his father and the defendant, and
he made no inquiries about it. He only took care
to look after his own interests. He thought the
Chancery suit was compromised for £5OO. He did
not know whose pocket the money came out of.
Certainly not out of his or out of the business. He
dissolved partnership with his father in February,
1860. The goods were sold under the execution.
He informed the defendant about that time that
they were ping to dissolve partnership. He had
never asked her to accept £5OO and forego all claims
upon him. He received a telegram from his father
after the execution was put in to sell. It was in
answer to a letter asking his advice. He did not
ask his father's permission to sell. The execution
was against his father, but it had been put in on
plaintiff's goods. He had carried on business on
his own account since February, 1860. The bonds
in question were on American railways not known
in the market. He got the beat price he could ob-
tain for them. He had nothing more to do with
the money besides receiving it and handing it over.
The attorney advised Mrs. Horner to go to Brussels
to avoid an attachment from the Court of Chancery.
Mr. Burroughs was called—He explained the
Chancery proceedings. It was a fishing suit. The
bonds produced X.,2,250. He spoke to the dissolu-
tion of partnership and the assignment of the goods,
&c., to the plaintiff in February, 1860. Sending
the defendant to Brussels facilitated the settlement
of the Chancery proceedings.
Several persons who dealt with the firm of Luff
and Son were called to prove that in 1860 that was
the name of the firm. The cheques were signed
"Lull and Son," and after that time in the son's
name only. They understood the parties dissolved
partnership, but they did not see it in the Gazette.
One of the witness said the words "Luff and
Son" were still over the door. The son gave bills
to the father for the purchase-money, running over
a period of -years.
Mr. Simon, for the defence, said the alleged part-
nership though regular and proper on the face of it,
was a sham and a fraud, in order to get rid of the
defendant's just claim. It was a case not only of the
greatest hardship, but of shameful fraud, in which
the son had aided and abetted the father, and from
which fraud he hadi been one of the principal per-
son benefited.
.The defendant in her widowhood
earned her livelihood by teaching dancing, and she
first became acquainted with the plaintiff and his
father from borrowing a piano from them. The
father and soon visited her, a friendly feeling sprung
up between them, and the father displayed an ac-
tive interest in her welfare. In 1856 she became ac-
quainted with Mr. Horner, who was without means
but was in expectations from a wealthy aunt, and
she still continued teaching dancing, earning about
£3OO per annum, on which they lived. The bonds in
question were given by the aunt to the husband.
They lived in Essex, and the husband had ruptured
a bloodvessel. Mrs. Horner had to come backward
and forward to attend to her pupils. The father ex-
pressed great sympathy for her, and his readiness
to assist her in her troubles. He became acquainted
with the husband, and being in his and the wife's
confidenJe they spoke of the bonds. The father said
he would take them and realise them in order that
the husband might make some provision for his wife
(defendant) after his death. The bonds were accord-
ingly delivered to Luff, sen., and some days after she
received a letter from him stating that he had rea-
lised the bonds and had the money ready for her.
She accordingly came up to town and called on the
plaintiff, at Great Russell-street. She was shown
into the father's private room, and instead of the
proceeds of the bonds, amounting to £3,000 though
said to be only £2,350, a little drama was acted.
Luff, jun., held a parcel in his hand which the
tather had given to him, which he was told to
hand over to the defendant. He did so, and
then she was told by the father to hand it
back to him. Not having the slightest idea of what
it meant, but supposing it was a necessary formality
to be gone through, she gave back the money as re-
quested. Upon that the father said, in the presence
of the son, that he thought it would be unsafe for
her to have so large a sum about her, and advised
her to take about £5O for her present wants, and
leave the remainder with him, and he would bring
it down to her and her husband the following day.
At that time Mr. Horner was on the point of death.
and the Lufl knew it. When she gave her hus-
band the £5O he expressed his surprise that she had
not the whole of the money. A day or two after-
wards he died, and almost immediately after the
father called on the defendant and expressed great
sympathy, and volunteered his services in settling
her affairs, and he acted for her about the funeral, &c.
After a while she asked the father for the money,
but he put her off from time to time by various ex-
cuses. The Chancery suit was then commenced and
knowing nothing about the proceedings, she relied
on his statements that he would arrange and settle
everything, and on his advice she went to Brussels.

ING, DtqEMBER 1862.

She relied entirely on him. the suit proceeded,
and was ultimately compromised for £5OO, whieh
the learned counsel said wee no doubt paid out of
the proceeds of the bonds. On her return to Eng-
land. ehe again made application for her money,
and began to press hard for it. The father then
commenced paying his addresses to her, was ace
cepted, and under the circumstances nothing further
was done in the matter. The propcsal was made
merely for the sake of delay, and in order to get
rid of the claim. He broke his promise of mar-
riage, and she forgave him. He then renewed
his promise, and was again accepted, thinking
it better to forgive his peat violation of' good
faith, and not to quarrel with the man
who had, an she supposed, £2,500 of her
money in his possession. He, however, again broke
from his promise, and took bask his cook to live
with him, by whom he had had a child, which
it was alleged by the plaintiff was the cause of his
disagreeing with his father and. their dissolving
partnership. She then abandoned all thoughts of
marriage with the elder Luff, being convinced that
his promises had only been made for the purpose of
getting rid of her claim. Mr. Simon strongly cen-
sured the attorney's conduct in acting for both par-
ties, and animadverted on the purchase and sale of
the business by the father and sons The fact that
the son had given the father six bills for £636 each,
the first for two years, and the others running over
seven years, for his share of the bnsiaess, were
terms of that easy character which led to the belief
that it was a colourable transaction for the pur-
pose of defeating the defendant's claim.
The defendant was called and corroborated the
learned counsel's statement. She said that she went
to Brussels at the father's suggestion—in fact she
acted under his advice, and placed every confidence
in him then. She had then accepted his proposals
of marriage, and in consequence of that she went
abroad, and upon that promise she gave up her pro-
fession, which was realising £3OO per annum, and
her home. The old man said he would take her to
Brussels, but instead of that he sent his son George,
the plaintiff, with her. She was there in an assumed
name. She came home, and had to leave almost
immediately in the assumed name of Brown, and she
was not to see or communicate with any one. That
was during the Chancery proceedings. When she
came back the second time she was penniless. Her
household furniture had been sold, and she was told
that nothing belonged to her.
Mr. Huddleston objected to this kind of evidence,
upoa which
Mr. Justice Crompton said he doubted if it would
make old Luff worse. (Laughter.)
Defendant said that after she left England she
discovered fer the first time, that the elder Luff had
formed an improper connexion with a common
woman. She added that she told the plaintiff he
had aided and assisted his father in bringing her to
a state of destitution. He appeared to be deeply
affected, and said he would be ruined if she pressed
her claim. The plaintiff wanted her on one occa-
sion to compromise the matter for £5OO in bills.
She consulted Mr. Broughton, her attorney, and
gave him full powers to act, and to proceed imme-
diately against the Luffs es against strangers.
Neither the plaintiff nor his solicitor ever told her
about the dissolution of partnership. Ultimately a
judgment was obtained against the father, and execu-
tion put in. He left England, and there was some
difficulty in serving the writ. In the action she gave
old Luff credit for the payment of £1,328 lls. 6d.,
and the judgment was for £l,lOO. The greater por-
tion of the credit was for money supplied when she was
abroad. Her husband's relatives commenced proceed-
ings in Chancery against her about the bonds. She
heard of the dissolution on the 29th February, 1860.
During the elder Luff's absence, after the issue of
the writ, negotiations were going on with a view to
a settlement. She had no idea what the plrcel was
the plaintiff passed to her in the father's presence.
It was a small light brown paper parcel.
Other evidence was then called in support of the
learned counsel's statement.
Mr Justice Crompton, in summing up. said they
had nothing to do with the father's treatment of
the defendant, but whether the dissolution of part-
nership and the purchase of the business was such
as would pass the property and make the transac-
tion valid in law.
Before the jury returned their verdict a compro-
mise was entered into, whereby the defendant ac-
cepted £3OO. A juror was then withdrawn.