The Sun.
London, England, 1865-01-14 00:00:00

771
105

LAW IN LELLIGENC S—(This Day).

COURT OF
(Before the Lord Chancellor.)
SIMPSON V. lIOLLIDAY.-JUDGMENT.
His Lordship, this morning, gave judgment in this case,
which involved the validity of a patent for analine dyes.
The case was in the first instance argued before Vice-
Chancellor Wood, from whose decision an appeal was made
to the Court of Chancery. His Lordship went at great
length into the details of the question, and finally reversed
the order of the Vice-Chancellor, thus deciding against the
validity of the patent. _ .

Sir P. Kelly, on the part of the plaintiff, was about to
make some observations, when

His Lordship said it was idle to occupy the time of the
Court with arguments to show the infringement of a patent
which he (the Lord Chancellor) had just decided did not

exist

CAMILLE V. DONATO.

The attention of his Lordship was again called this
morning to the contention between Mr. Morton, of the
Canterbury and Oxford Music Halls, and the Royal English
Opera, for the services of the celebrated one-legged dancer,
Donato. The point decided this morning was merely one
of form and practice. The question, in the first
instance, arose with respect to the decision of Vice-
Chancellor Wood, from whose decision an appeal was
made to the Lord Chancellor. His Lordship decided that
the English Opera Company (Limited) were necessarily
parties to the suit, and that the costs of the application as
to that part of the case were to be paid by the plaintiff.
Upon the question of appeal, a great deal of evidence was
gone into, and it now came before his lordship to decide
whether the costs of that evidence were properly the costs
of the appeal.
The Lord Chancellor decided that they were not costs in
the motion, and therefore not to be included in the costs of
the appeal.

COURT OF DIVORCE.
(Before the Lord Ordinary and a Special Jury.)
CIIETWYND V. CHETWYND.
This morning the Court proceeded with the rebutting
testimony on behalf of the petitioner.
Evidence was given by the managerof the Queen's Hotel,
Birmingham, to show that Mr. Nicholls slept alone in their
room No. 29, on the night of the 23d of December last ;
but the witness could not identify Mr. Nicholls as the gen-

Leman.

Other evidence was given by the landlady and servants
of the Temperance Hotel, 49 and 50, Paradise-street, Bir-
mingham, to show that Mrs. Chetwynd slept alone in their.
room, No. 5, on the night• of the 23d of December. Mrs.
Chetwynd was identified by the witnesses as the lady. She
was like a former servant at the hotel, and this was re-
marked at the time by the witnesses, and an old gentleman,
a regular customer, whom one of the witnesses thought she
could identify also, only he was dead.
Mary Elchorne, examined by Sergeant Ballantine, said
—On the 10th of August, 1863, she went into Mrs. Chet-
wynd's service, and remanded till February, 1864. She was

housemaid. She first saw Mr. Nicholls when the Misses
Mott was at Longdon Hall. They lunched there with some
other persons. Mr. Nicholls called for a stick he had left
in the phaeton, but Mr. Chetwynd said he should keep it,
and he did not get it. Mrs. Chetwynd was dressing for
dinner when Mr. Nicholls called for his stick, and spoke to
him for about two minutes in the library. She accompanied
Mrs. Chetwynd to Stafford on the night of the ball. Mrs.
Chetwynd was to have slept at Col. Hogg's that night, and
her luggage was taken there, but she slept at Miss Edward's,
and witness slept with her. Mr. Nicholls came home and sat
up after they had gone to bed. Mr. Chetwynd got up between
eight and nine o'clock, and had breakfast. They had done
breakfast before Mr. Nicholls came down. (The witness
gave the same account of the "meet," and Mr. Nicholls'
portmanteau which was given by previous witnesses.)
When Mrs. Chetwynd went to Birmingham she wore a
black hat with a pheasant's feather. She had a fall which
made it look like a bonnet. She wore a violet dress.
Cross-examined by Mr. liennealy—lt was in the begin-
ning of December that Mr. Nicholls first came to lunch at
Longdon Hall. The Stafford ball was on the 18th of De-
cember. He left about four o'clock. She did not know that
Mr. Chetwynd refused to admit Mr. Nicholls to his house.
Mr. Nicholls brought Mrs. Chetwynd home from the
Stafford ball, and had tea with Mrs. Chetwynd. A bed
was not prepared for Mr. Nicholls at Longdon Hall on the
night of the ball.

Harriet Anne Edwards, of 3, Market-square, Stafford,
said she kept a fancy repository, and let apartments. Dur-
ing the last 20 years gentlemen of the Bar had taken her
lodgings during the sessions and assizes ; amongst others,
Justice Pigott, Justice Keating, Sir W. Alexander, Mr.
Huddlestone, and Mr. Powell. She knew Mrs. Chetwynd
before her marriage ; she had only known Mr. Matthews
since 1861. He was lodging with her during the summer
assizes of 1862. Mr. and Mrs. Chetwynd called upon him.
Mrs. Chetwyndasked her to go to New Brighton, but she did
not know whether it was at that time. She did not think Mr.
Chetwynd was present when Mrs. Chetwynd spoke about
New Brighton. She followed Mrs. Chetwynd there in
August 1862, and remained there until Mrs. Chetwynd
left, and was constantly with her. She knew all the per-
sons who came to the house. Mr. Matthews called the day
after witness arrived there. He•lodged at an hotel on the
sands. He paid one or two visits, and witness was in their
company. She never knew Mrs. Chetwynd go out alone
with Mr. Matthews. Once Mr. Matthews and Mrs. Chet-
wynd went to a Roman Catholic Church together at Liver-
pool. Witness was asked to accompany them, but she was
unwell. She remembered the Stafford ball in 1863. She
had not known Mr. Nicholls before that. He came
that night and engaged a bed at her house. Mrs.
Chetwynd and her maid arrived at half-past ten. (The
witness described the events of the evening as Mary
Elchorne did.) Mrs. Chetwynd was not alone with Mr.
Nicholls one minute during the time they were in her
house. Mr. Matthews and Mrs. Chetwynd had been occa-
sionally alone together in the sitting-room of her house.
It was not true that Mr. Matthews and Mrs. Chetwynd sat
up late together, and that Mrs. Chetwynd was let out by

the servant. Witness always sat up. She had never seen
any impropriety or undue familiarity between Mr.
Matthews and Mrs. Chetwynd.
Cross-examined by Mr. Kennealy—lt was quite by acci-
dent that she went to New Brighton on the day when
Mr. Chetwynd left. They met Mr. Matthews on the sands.
Mrs. Chetwynd had beautifully waving hair, and she had
never seen Mr. Matthews put his fingers through her
hair when she came from bathing. When Mr. Matthews
and Mrs. Chetwynd went to Liverpool to church,
she could not swear that Mrs. Chetwynd came back to
New Brighton the same evening. She did not recollect
letters having passed between Mr. Matthews and Mrs.
Chetwynd. She was not aware that Mrs. Chetwynd carried
a likeness of Mr. Matthews about with her. She" did not
remember Mrs. Chetwynd going out in a brougham with
Mr. Matthews. She did not know that Mr. Matthews lent
her books. She did not make any inquiries of Mr. Nicholls
when he applied for the bed. Mr. Chetwynd had spoken
to her about a gentleman coming from Lichfield, and Mr
Nicholls said he came from Lichfield.

Re-examined by Sir R. Phillimore—lf Mrs. Chetwynd
had not come back on the Sunday afternoon, when she
went to church with Mr. Matthews, it would have made an
impression on her mind. She had no doubt Mrs. Chetwynd
did come back in the, afternoon. Mr. Chetwynd used to
come to her house frequently, and was on friendly terms
with Mr. Matthews.

Sir R. Phillimore said he had no other witnesses to
examine unless they should be necessary by Mr. Matthews'
evidence. Mr. Matthews was absent on a commission, and
would return to-day or to-morrow, so that he could be
examined on the next sitting of the Court.
After some conversation, in the course of which the
judge said they were trying four causes at least in one, and
there that the was no probability of the case closing
in less than two or three days more, the further considera-
tion of the case was adjourned until Wednesday.

[The following evidence, adduced yesterday, appeared
in our Late Edition last evening :—]
Hannah Dutton, in continuation said—She brushed Mr.
Chetwynd's clothes the next morning, and did not see that
they were torn. Mrs. Chetwynd never made any complaints
of ill-usage against her husband. She had seen Mr.
Matthews at Longdon twice. Once he was there two or
three days. One of the days was a Sunday. Mr. Chet-
w-ynd had luncheon and went to church in the afternoon.
One night when Mr. Matthews was there Mr. Chetwynd
went to bed about nine o'clock, and Mr. Matthews stopped
in the drawing-room with Mrs. Chetwynd two hours.
While Mr. Chetwynd was at church Mrs. Chetwynd and
Mr. Matthews were in the boudoir. Mr. Chetwynd was
very fond of his children. Mrs. Chetwynd had never com-
plained to her of her husband's treatment of her. Mr.
Chetwynd was a very sober man. (The witness denied
all the allegations made against Mr. Chetwynd on the F.rt
of the petitioner.)
Cross-examined by Sergeant Ballantine—Witness an-
eel
ineTthh noticedee yn
went
to a
an-
swered an advertisement, and Mr. Chetwynd wrote to her,
t
and she was engaged in writing by him. She did not see
Mr. Chetwynd until after her engagement. The flouring
of the stairs was not in her tithe. She never heard Mr.
Chetwynd use coarse words to his wife, nor did she ever
see Mrs. Chetwynd violent.
Amelia Hardy, examined by Mr. Kennealy, said she
the person who kept the books at the Falcon Hotel,
0.
Birmingham. She left there last June in consequence
coming
illness. She remembered a lady
there on the night of December 23,
stlay
gentlemane
ed all
n ight. T
hey
spokecame t osaarabouht
147.9
00o'cld.onecotokek,a. 178 a
nd6S3dhg.
the sitting-room on the
into
wesnetent o
tbieledgaebnotuletru:
cab outside, and brought a ladyt,,sBS' he had seen the lady in court
groundo'clock, flthoce) had.
Chetwyndtallgntleman with dark hair. The
rl.adyTghoienyglifiailst
in c—sourt. He Mirres.ws a
when she
lady seemed in a great hurry came downstairs.'
Some time after this the gentleman came about a smelling
bottle, but it had not been found. He came again in about
a month, and meanwhile it had been found. It was a
double bottle with eau de Cologne on one side and a sponge
on the other.

v Sir
E. Phillimore cross-examined the witness at some
length in reference to the entries in the book, but nothing
material 7-843 elicited. An alteration made in the book,

and of which much has been isaid, she said she made
herself on account of a mistake. . She was Perfectly cer-
tain the lady had a bonnet on when she went to the Pa.
con. (Other witnesses, it will be remet nbered, said she had
a hat on.)

Re-ex.;mined by Mr. Hawkins—She had. recognised Mrs.
Chetwynd amongst a number pf ladies in the passage of
the court. She recognised the gentleman (Mr. Nicholls) in
the same place.

Mr. G. Palmer, the policitor, was put into the box by
Mr. Hawkins, and said the book produced was in the same
condition as when he first saw it.
Cross-examined by Sir R. Phillimore—He did not take
up the case because Mr. Collis refused to go on with it.
Some letters and documents having been put in, the case
for the respondent was closed.
Fresh evidence was then called on behalf of Mrs. Chet-
wynd,r.
Htheenry Cornelius petitioner Nicholls, examined by Mr. Kars-
.
Mr.
lake, said he left Lichfield last May. He had been there
a portion of two years before. He went there in May,
1862. He was at the college there preparing for ordina-
tion. While at Lichfield, he lived in lodgings. He met Mr.
Chetwynd at a dinner party in Lichfield, and afterwards
visited Longdon Hall. He also met Mrs.. Chetwynd
at a dinner party in the spring of 1863. He did not know
her before. He was invited to Longdon Hall to luncheon
by Mrs. Chetwynd. He remembered the Stafford ball
on December 17, 1863. He went there from Lichfield.
At that time he had been at Longdon Hall three times.
He engaged a bed at Miss Edwards's, at Stafford, and
dressed for the ball there. Before going to the ball he saw
Mrs. Chetwynd at Miss Edwards's. She was dressed for the
ball. He went to the ball and danced with Mrs. Chetwynd
once. After the ball he went back to Miss Edwards's. Tea
was ready, and after tea Miss Edwards and Mrs Chetwynd
retired. He stopped up some considerable time and had
a cigar. His portmanteau, which had been left at Long-
don Hall, was forwarded to him at Lichfield. There was a
note inside the portmanteau. It was from Mrs. Chetwynd,
and he put it in the fire. He never wore a moustache. After-
wards he went down to the trainand started for Devonshire.
It was not true that he ever went to the Falcon to in-
quire for a smelling bottle. He did not wear a satchel, as
described by the witnesses at the Falcon. He remained at
Lichfield till May, 1864.
The Judge Ordinary said that Palmer had made a remark
about Mr. Nicholls's confession. The jury would like to
know something about it.
Examination continued—There was no truth in the
statement that ho had ever had an improper intercourse
with Mrs. Chetwynd. He had never made a confession to
Mr. Palmer.

cross-examinadon, he denied that he had slept with
Mrs. Chetwynd at the Falcon on the 23d Dederaber.
The further hearing of the case was, at this point, ad-
journed until to-morrow.

COURT OF BANKRUPTCY.
(Before Mr. Registrar Winslow.)
IN RE EITRIPIDI.-THE LAW AS TO RELEASE.
The bankrupt was a merchant of France, and to-day
he applied for his release from custody. It was stated
that he had come to this country in the hope of
arranging his affairs with his creditors. In this he,
to some extent, failed, and he was arrested upon a writ
of capias. An application was made to a judge at Cham-
bers for an order of release, but the judge, declined to inter-
fere. The present application was resisted on the ground
that if the bankrupt was released he would in all proba-
bility leave the country. Upon the question also of bail,
the detaining creditor objected strongly, and urged that
bail would not be a sufficient security. _ _

His Honour said that he felt bound to decline to interfere
until assignees should be chosen.
Application refused.