The Sun.
London, England, 1862-02-10 00:00:00

HANCOCK V. CASE.-SLANDER.

This was an action for slander. The parties resided
at Liverpool, and the words spoken had reference
to some shipping matters.
Mi., Sergeant Shee and Mr. C. Russell were coun-
sel for the plaintiff, and Mr. Brett and Mr. Aspinel
for the defendant.

The Lord Chief Justice thought there had been a
mistake between the parties, and that they ought

to come to some terms.

The defendant's counsel said the defendant never
intended to make any imputation against the
plaintiff.
Mr. Sergeant Shee said the case must go to the
jury, as no full and complete apology had been
made.

The jury retired at five o'clock, and returned into
court at seven, and gave their unanimous verdict
for the plaintiff, with damages 40s.
The Lord Chief Justice—What say you, gentle.
men, on the question whether the statement was
made bonafideor not, and also on the question whe-
ther it was a privileged communication Or not ?
The Foreman—Eleven of us are agreed, my lord,
that it was not a privileged communication, and it
seems perfectly impossible to expect that the dis-
sentient juror will agree with us on the point which
your lordship has put.
The Lord Chief Justice—Then, gentlemen, you
must retire again.
They accordingly retired, and after some further
time spent in the consideration of th 3 questions,
they added to their verdict the expression that the
statement was not privileged, and that it was made
malafide.
Verdict for the plaintiff accordingly.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
TIIWAITES V. THWAITES.

This part-heard case was resumed this morning,
when

Mr. Karslake, Q C., for the defence, denied that
his client had ever treated the petitioner with
harshness. The learned counsel then called

Mr. Thwaites, the respondent, who said that
when he married the petitioner he had a business
as a dentist, at Bristol, which yielded him £3OO or
£4OO a year. He denied that he had kicked his
wife in bed. She once told him to get up to the
child, and, being half asleep, he made a movement
of impatience and accidentally touched her with his
knee, but she made very little of it at the time.
Had never struck her while his son Willie
was at the breast. Remembered showing her
in 1856 two £lO notes and three or four sove-
reigns, which he said he had been able to save
towards George's education. She seemed pleased.
Had met her that day on her return home
from the country. Did not fire pistols that
night, but did go into her room at two in the
morning. Had been told by the nurse that Mrs.
Thwaites had ordered two of the children to be
placed in her bed, so that witness might not sleep
with her that night. Was highly excited about it.
Went out for a walk, but returned at 11. Remained
in the drawing-room reading or writing till two.
Then went up to her, and tried to take the child
from her side to put him into another bed. There
was a struggle, and witness ultimately left the
child with her. Did not kick her or pinch her, or
pull her hair, or pull her out of the bed. Boxed her
ears in 1856 for calling him a liar; but remained
on friendly terms with her at that time. Remem-
bered once taking a letter from her which she was
writing. She shut the lid of her desk down upon
his hand, but he did not strike her a stunning or
stinging blow on the head, or auy blow at all.
Once at supper she had called him a liar, and he
touched her face with the mustard spoon, which he
happened to have in his hand. She was always
irritating him, and he had once intended to destroy
his life. tie fired a pistol in a dresser in his work-
room ; his wife then came rushing down, and he
said, "Thank God, Minny, I have not done it."
He had taken her teeth out simply because they
required to be extracted. Her gums were tender
after that. Took chloroform to a great extent,
owing to worry of mind. Was in debt when he
married. Four days after the wedding the peti-
tioner expressed a strong desire to have a diamond
ring. Refused to let her have one because he could
not afford it. After her father's death ahe bought
one with money which he had left her for mourning.
Was excessively annoyed at her for doing so, but
she excused herself on the ground that her
Ih
sister
l
had also bought a ring like hers. It cost £l3.
After that she made a list of mourning v
would have come to £35. Told her he could not
let her have the articles. The day after she came
down to him and said, "Hear what I have to say.
Unless you give me 130 for mourning only, I will
expose you to all the world, and that will ruin
you." Made her not the slightest reply. She
repeated the same threat on the day follow-
ing. After that she refused to take her meals
with witness, and confined herself to her bed-
room. They did not speak at all for three
months. In November, 1860, she came down
and said, "You shall hear me speak—l will tell you
something." Merely said, "Now Minny dear, don't
quarrel." She replied, " Dear, indeed ! dear, in-
deed !" Then she began abusing witness and also
the servants, whom she called "harlots" and "kept
women." Qnce while the children were at dinner
4he carne up and began abusing him.
Willie dear, I'll help She said,
object Was only to nny oo
annoy
t witness,
tno appleos sauce."he tOl4 h et;
hex

l leave the room. She refused to go. Tried to force
her out, but did not succeed. In the struggle she
might have touched the clock outside the door. On
the occasion spoken to by witness's son she had
burst into the room while he was talking to him.
Took up some clean water and threatened to throw
it in her Lace, but put it down without doing so,
and left the room. She followed him, and he tried
to put her out.. Dared say that her arms were
bruised. His own hands were scratched. Took up
the water a second time, and again put it down.
At last he threw it in her face, saying, " Well, if
you will, you must; and if that won't do, I'll give
you a bucket-full, for I won't be insulted in my
workroom." Nothing had been said about dirty
linen on that occasion ; but there had been some
talk about it on the evening before. Did not call
up the servants, but they bad come up hearing the
noise. Mrs. Thwaites kept the house till after she
took to her room ; but at last she sent down a list
of things, with a message that if he did not supply
them she would go to law. After that witness man-
aged the house himself. Her conduct was constantly
abusive ; but witness never sanctioned any rudeness
on the part of the servants towards her. Never
sent her hard and gristly pieces of meat for the pur-
pose of annoying her. She had exactly what the
rest of the family had, and that without stint. For
months she had a pound and a half or two pounds
of beef every day to make beef tea with. She had
also jelly regularly for a month or six weeks
while she was ill. Till 1858 she had an allow-
ance of £36 a year for clothes. After that a
friend of his asked her if in his present circum-
stances she would take £2O. She said she would not
have less than £3O. Up to 1858 witness's position
had been improving, bt.t it had then began to
fall off, and £2O was more than he could afford, In
1858 she sent him word that she had been obliged
to borrow a warm cloak, whereas she had at that
time the very same cloak, to the best of his belief,
as she had worn in the court. Never called her a
bad woman except once, when she said she would
take her little daughter, who was ill, and expose
her to the magistrates. Did tell the laundress,
Tovey, , that the petitioner must be out of her senses ;
but had been informed at the moment that she had
allowed his son George to cut the banisters. The
list of clothes sent after her to Mr. Welsh's was
made out with the aid of the two servants. It was
a correct list; and though some of the things were
worn there was an ample wardrobe for a person in
petitioner's condition. Sent her everything that
belonged to her, except a locket, which he kept for
his daughter. Witness's practice had seriously
diminished; and after his wife left he gave up his
house and went into lodgings. Had never threat-
ened to poison her, or said that he had a subtle
poison which would destroy life without leaving a
trace. She never said that she locked her room
because he had so threatened her. Her room was
never locked with witness's consent.
At the close of the witness's examination in chief
the court adjourned.