The Sun.
London, England, 1862-11-22 00:00:00

RUSSELL V. RUSSELL.

This was a petition presented by the wife praying for a
judicial separation on the ground of adultery.
The respondent was clerk to a coal merchant, and was
married in 1839. A separation took place, and in the year
1857 the respondent became acquainted with a female
named Elizabeth Jane Melton, who since that time had
been liVing with him as his wife. Previous to the institu-
tion of the suit a meeting of the family took place with a
view of inducing the respondent to renounce his connection
with Wilson, but notwithstanding that the adulterous in-
tercourse continued,

The female Elizabeth Melton was called by the counsel
for the petitioner, and admitted that she had for some years
cohabited with the respondent.
Decree nisi granted.
SCHOFIELD V. SCHOFIELD AND TAYLOR.

This was a petition presented by the husband, a butcher,
of Birmingham, praying for divorce on the ground of adul-
tery of his wife with his slaughterman, William Taylor.
The marriage having been proved by a person named
Barrow,

Mrs. Emma Parks, formerly in the service of petitioner,
said—Mr. Schofield always treated his wife well. I knew
William Taylor; he was a fellow servant, On one occa-
sion I went into the kitchen suddenly when I found Mrs.
Schofield sitting on Taylor's knee, and on another I saw
Mrs. Schofield and Taylor kissing each other, as I thought.
I recollect the 23d of May, 1861, when Mr. Schofield re-
turned home, about 5 minutes to 12 at night, from the
tavern. He went upstairs to go to bed,but in a few minutes
after I was called up to the room, when I saw Taylor
in his shirt coming from the bed in which Mrs. Schofield
was lying. I asked him what business he had there, and
he said he did not know. Schofield told Taylor to pack up
his things and go. The next morning Mr. Lench, the
brother-in-law of Mrs. Schofield, came. He put his hand
on the respondent's shoulder and said, " Come, Polly, is
this the first time, because William Taylor said it was not."
She replied, "It was, and that Taylor must be a scamp."
Mrs. Denston proved having seen Taylor after the cir-
cumstances became known to the neighbours, when he ad-
mitted the truth of the accusation,
Decree suspended, in order that inquiry might be made
relative to oertain rules of the court being complied with.

SHERIFFS' COURT.
(Before Mr. Kerr.)

PRIENDLY LOAN SOCIETIES-IMPORTANT DECISION UNDER

3 AND 4 VICT.-.PI IT V, CAHILL.

This was an action upon a promissory note to recover an
unpaid balance, plaintiff being one of the officers of the
First City of London Mutual Aid Loan Society, and defen-

dant an attorney's clerk.
Defendant took a preliminary objection under the 3d and
4th Vict., cap. 110, sec. 13. By this section it was enacted
that the society should not grant a second loan until the
former one was repaid. Now, when defendant applied far
the present loan there was a balance due upon a former one,
and the first loan was paid out of the proceeds of the second.
A gentleman who appeared for the plaintiff, said that the
society were anxious to have his Honour's opinion upon
the point, which was a most important one to friendly loan
societies. He contended that the second loan could not be
said to be granted until the money was actually handed
over, and in this case the first loan was paid simultaneously
with the granting of the second. Again defendant could
not now dispute his liability, as he had admitted it by pay-
ment of certain instalments of the second loan.

His Honour referred to the act, and, upon reading the
clause, said that it was perfectly clear plaintiffs had no power
to grant a second loan till the first was paid. Now, one
question here was—What is granting a loan ?
Defendant—The loan is granted when plaintiffs intimate
their willingness to advance the money.
Plaintiffs' representative—Not so. We can not, until
the money is advanced. The loan was a£7 loan, and the
balance of the first unpaid loan was deducted at the time.
Defendant—l received a cheque for £7, cashed it in the
room, and paid out of it the amount due in the The loan
second
His Honour—That makes it very clear, ?
loan was evidently granted before the first was paid, and I
must find for defendant.
Verdict for defendant.

he 1,

Importing Tea without colour on t. leaf pre-
vents the Chinese passing off inferior leaves as in the usual
kinds. Ilorniman's Tea is uncoloured, therefore always
good alike. Sold in packets by 2,280 agents.
COLLIERY CARELESSNESS—TWO remarkable in-
stances of colliery carelessness were made public through a
prosecution in the Wolverhampton police-court on We dn
day. In one case it was proved that a boy, eight yearseosi
age, was permitted to manage ,he apparatus by which the
men were drawn up and let down the pit, The boy was not
tall enough to reach the head of the horse which he drove.
For this offence the charteristi still
master of the pit was fined £2O.
The other was amorna
wreommaarnkabacletuaclalsye.lowletlewdaas
proved, in this instance, that
man down the pit by
offence the charter raaeetrerOwwnto manual strength. For this

POLICE---THIS DAY.

-o -- -

MARLBOROUGH-STREET.

A BETTING MAN CHARGED WITH FRACTURING A
MAN'S JAW.—Robert Marshal], a betting man, was
charged before Mr. Knox with violently assnalting John
Vickford, of 10, Bath-buildings, City-road, 4 toll-collector.
_ _ _

Mr. Bury Hutchinson, of Ebnry- street, appeared for the
prosecution.

It appears that there had been a betting transaction
between the complainant and defendant,
nd the defendant
meeting the complainant in Green-street, _
Leicester-square,
yesterday, asked him to pay him a bet he ov red him. The
complainant told the defendant to " take it
s.qit of him,'
and upon this a scuffle ensued, and the defendant struck
complainant a violent blew on the jaw, the result,l) ling that
complainant's jaw was fractured.

A certificate was handed in as follows :

" Charing-cross Hospital, Nov. 22.
"I certify that John Pickford is suffering from a fracture
of the lower jaw.
" 'Wm. TRAVERS, Resident Medical Offifeer.'"'

Mr. Knox said that until he was assured tkhMt
complain-
ant was out of danger he should not go farther into the
case. He should remand the defendant for a week.
There was no evidence to show that the man was free from
the danger of lock-jaw. He would accept bail for the de-
fendant, two housekeepers in £2O each.
Mr. Bury Hutchinson said it was a serious case, inas-
much as the defendant had threatened to settle the com-
plainant.
The defendant was then remanded.

WESTMINSTER.

EXTRAORDINARY CHARGE OF HOUSEBREAKING•

—T. M 'Cairns, W. Wallace, and G. Butt were placed in
the dock, charged with a burglary at the residence of Alder.
man Allen, 6, Petersham-terrace, Gloucester-road, Ken-
sington.

George Seymour, 311 T, said—Last Thursday night, at
a quarter before twelve, I found the area door of Alderman.
Allen'shouse, leading to the front kitchen, open. Thinking
that all was not right I obtained assistance and entered the
house. We went through the kitchen to the butler's pantry,
where we found all the plate cupboards and closets open,
and some plate lying about it. In a sleeping room on the
ground floor we found the prisoner M'Cairns lying on the
floor by the side of the bed bound hand and foot with cord,
with a linen cloth over his head.

Mr. Paynter—Was he gagged P
Witness—Yes; the linen cloth was forced in his mouth.
Mr. Paynter—What did you do ?

Witness—l cut the cords and removed the cloth.

Mr. Paynter—What account did he give ?
Witness—He said that the butler had gone to the theatre,
and he was waiting up for him, when, hearing a noise, he
went with a sword-stick in his hand to the door, when be
found three men, who bound him hand and foot and robbed
the house.

Mr. Paynter—Yoa say there was plate strewn about the
floor.

Witness—Yes, but those were some electro• plated articles,
used in the family—the silver goods were taken.
Mr. Paynter—Did he say how the robbers got in f
Witness—Yes. He said by the fanlight. I told him to
go and wake his master who had gone to bed, but he said it
was no use, as the plate was gone. We then waited for the
butler, and when he came home he awoke Mr. Alderman
11 Cairns told the butler that he was bound hand
and foot until the " Bobby" loosed him.
Inspector Crop, of the T division said—l was sent for on
the night in question, and found a fanlight open over the
door of the lower part of the house. There was no appear-
ance of any violence having been used. The cord of the
fanlight must have been broken from the inside. I a"
amined the ledge of the fanlight, and there was the accumu-
lated dust of years there, which was perfectly undisturbed,
and therefore no person could have passed through there•
On the following morning the prisoner, M'Cairns gave
me a piece of string and a bit of a file which had been left
in the house.

Mr. Samuel Jacobs, 5, Park-side, Knightsbridge, proved
that Butt, after a conversation in which he asked him if ha
would buy plate, sent for a sack full of silver on yesterday
morning. He weighed it, and sound it contained 400
ounces. Wallace fetched the sack of silver, while witness
weighed some other plate brought by Butt. Witness had
previously been in communication with the police, and call-
ing them in, gave Butt and Wallace into custody.
Evidence was given, showing an intimacy between
M'Cairns and the other prisoners, and that Butt visited
M'Cairns at the alderman's house on the night of the rob-
bery.
Prisoners were remanded for a week.