The Sun.
London, England, 1862-07-09 00:00:00

LIABILITY TO MAINTAIN A WIFE.

At the Salford Court of Record, on Friday, before Mr.
Sergeant Wheeler, LL.D., the case of William Butterworth
v. William Towers, was tried. The plaintiff is a small
manufacturer at Prestwich, and the defendant a mill-
wright and machine maker, of Livesey-street. The plain-
tiff claimed £l5 10s. for board, lodging, washing, and
clothing, supplied to the defendant's wife, from the 17th
of February to the 21st of April last. The board, lodging,
and washing were charged at the rate of £1 2s. per week.
The defendant pleaded non-liability, and that the charge
was exorbitant. Mr. Holker, for the plaintiff, said that
the defendant married, in 1855, the daughter of Mr.
William Wovendon, wholesale confectioner, of Shudehill.
They lived happily together for a few months; but,
unfortunately, the defendant had five children, among
Whom were grown-up daughters, the issue of a previous
marriage, living with him. They were prejudiced against
the second wife, and soon succeeded in inflaming the
mind of the defendant against her. He allowed them to
insult her in his presence, and at last he began to treat
her very cruelly himself. He frequently pushed her
about, struck her, and compelled her to eat her meals
in the cellar "like a dog off a
platter," while ho and his
daughters took their meals in the parlour. He discharged
his servant, made his wife do all the most menial work
of the house, and made her his daughters' drudge. The
result was that the woman had been completely broken
down, physically and mentally, and was now a mere
wreck. The defendant was subject to attacks of then•
matism, on which occasions his wife attended to his
wants. In the early part of February he had one of
these attacks. About one o'clock one morning he called
his wife, who had had but little rest during the night,
and because she did not answer in a moment, he "gently
kicked her off the bed." At nine o'clock the same morning
he went down stairs, and ordered her out of the house,
holding a poker over her head in a threatening attitude
to compel her to go. She left the house accordingly,
taking with her nothing but what she was wear-
ing at the time. She had a good wardrobe when she was
married, but had never received anything from her hus-
band afterwards except boots. He would not allow her to go
out more than once a fortnight. Though he was a man of
large property, he allowed her only one shilling a fortnight
for pocket money. The poor woman when turned out of her
home went to her father's, and by his advice returned the same
evening with a friend, named Mrs. Murphy, who endeavoured
to procure a reconciliation, but without effect. Four days
afterwards she again returned, when the defendant took her
by the shoulder and turned her out. Afterwards Mr.
James Riley, a friend, saw the defendant on the subject,
when he said, " Let the consequence be what it will I'll
not take her back ; but I don't mind paying anything in
reason to get shut of her." He then offered to pay her
4s. a week ; for, he said, he " could get her kept for that
in the workhouse." After this the wife went to live at
plaintiff's house. The defendant had been twice writ-
ten to for the amount of the claim, but he did not reply,
though he had since offered to allow her 10s. per week.
In support of this statement, Mrs. Towers, the defendant's
wife, said the defendant not only beat her, but his
daughter Emma beat her also. On the morning in ques-
tion, the defendant followed her up and down stairs with
a poker in his hand.—Mrs. Wovenden spoke to the value
of the defendant's property. Mrs. Connor stated that she
saw defendant push his wife out of the house the second
time she applied for the reconcilation.—Jame Riley
said he had heard the defendant declare that he
would never receive his wife again. The plaintiff
having proved that the goods were supplied, Mr Hope sub-
mitted for the defence that the wife had no right to leave
her husband's house. He had told her to go when he was
in a passion, and a passionate word did not show a fixed
purpose to turn her out. A wif.; was not justified in tak-
ing a husband at his word in that way ; her departure from
her husband's house was her own act, and not with her
husband's consent, and, therefore, he was not liable. But
supposing him to be liable, the amount was beyond all
question exorbitant. He called the defendant, who ad-
mitted that he had pushed his wife about, but denied hav-
ing struck her. If he had struck her, it was not more
than once. He also denied having pushed her out on the
second occasion that she came to see him. He admitted
having held the poker over her head, but said he had no
intention of striking her; it was only to frighten her.—
Emma Towers, a good-looking and smartly-dressed young
woman, denied having beaten Mrs. Towers, but candidly
admitted that she " detested" her, and always called her
" Mary." She also admitted that the defendant had told
his wife to go.—ln summing up the case, the judge said, if
necessaries were supplied to a married woman, the mere
proof of the fact of separation did not render the husband
liable. The plaintiff must prove that the separation had
occurred under such circumstances as to give him autho-
rity to supply such necessaries. He must prove either

that the hu3band had turned the wife away; that he had
used sufficient cruelty to justify her leaving ; or that the
separation took place by mutual consent. With , regard to

the amount of the claim, the jury knew the defendant's po-
sition, and they had seen the position which his daughter
appeared to occupy, her style of dress, &c. ; and he (the
learned judge) considered that the wife was entitled to
dress at least as well as the defendant's daughter, and to
occupy at least as good a position. The jury returned a
verdict for the plaintiff for the full amsun; claimed, with
costs.

DEATH OF GENERAL STERNE.

(From the Dublin Freeman.)

In our obituary column of this day will be found the
announcement of the demise of this venerable and distin-
guished soldier, whose days ended in the Four Courts
Marshalsea, Thomas-street, at the termination of 36 years'
imprisonment. His career was a sad and an eventful one,
and, closing as it did, after a protracted durance of more
than half the lifetime of ordinary men, it is invested with a
kind of melancholy interest. Peter Baker Demsterville
Sterne was a descendent of Laurence Sterne, and entered
the army at an early age in the service of the Mexican Go
vernment. He rose till he arrived at the rank of General,
after having seen much active service. He returned to this
country in or about the year 1824, full of hope and Arabi
tion, and being a man of high attainments and fine
per-
sonal appearance, his society was much courted.
was taken against him, in which a verdict obtainedwasoft_s
action
his opponent, and for the damages and coesntsterinngi
the
he was imprisoned in the year 1826. A n act
bo action
nf
life, he was under
pri-
son, a Ene-looking man, in the
the impression that the term
and years rolled on,
extend beyond a few days. But days Debtors of all classes came
ofphriismceonofinement would not
and he still remained a prisoner.
or died, but he remained,
to the prison and were dischargedfhoreadretbstick of the general. Those
years before, and who
nd the " gener I" • his old
a inquer-
awnhdo hhoapde
been deferred
imprisoned made tli e
Lifmouple habit, an going through the
d •
o long dead and
resided gone,h o would and
were again i
his
srioson life. After fifteen years' confinement
daily routine of pb
tern, pursuinngPriscinledd
werethellihmads h® found that an e
if he left the place in which .
.
stranger in the world in his old age, and that
be a perfect
all he knew or cared for were within his prison for which
he formed a kind of regard. For these reasons he never
sought for his release, but continued to reside amongst
those whose misfortunes, follies, vices, or extravagances
made his immediate neighbours. He grew old in his prison
home, and those who visited it were often struck with the
imposing appearance of the old gentleman, with his long
silvery hair and beard, who always observed the courteous
though distant politeness of one who thoroughly respected
himself. This respect he imparted to others, and was highly
esteemed by all who came in contact with him. He was an
infallible authority on every event that occurred within the
prison for nearly half a century, and in his circumscribed
pexambulations he would from time to time give consola-
tion to some unfortunates, by telling of his own trials or
those of others whom he had known in the prison. His
bedroom was a curiosity, all hung round with newspapers,
and the hangings of his bed were composed of old journals,
in which were recorded circumstances referring to men
and things long passed away and forgotten. The poor old
prisoner peacefully closed his long and hidden life on Sa-
turday, after illustrating a strange and romantic chapter in
the history of real life.