The Sun.
London, England, 1853-12-24 00:00:00

LA W INTELLIGENCE.

ARCHES COIIRT.—DEc. 23.
(Before Sir John Dodson.)
MONEY V. MONEY.

The arguments in this case were concluded to-day. It
was a suit instituted by the husband, Lieutenant Edward
James D'Oyley Thrale Money, against his wife, Harriet
Katherine Elizabeth Money, for restitution of conjugal
rights. Mrs. Money prayed for a divorce, in support of
which she had pleaded the cruelty of her husband. On
the part of Lieutenant Money a libel had been admitted,
which pleaded his marriage with Miss Johnstone and
their subsequent cohabitation. On behalf of Mrs. Money
an allegation was given in pleading, among other things,
that Mr. Money, who was a lieutenant in the Bengal
Native Infantry, whilst on leave in this country, in the
year 1852, formed her acquaintance—she being the
youngest daughter of the Rev. T. B. Johnstone, Rector
of Clutton, Somerset—for the first time about two months
before their marriage by meeting her at the house of
Miss Ouseley, a relation of her family. That she had
just attained the age of 21, and although she and her
family urged that a longer time should be allowed her
for becoming acquainted with the character and habits
of her intended husband, he refused to acquiesce therein,
and by urgent importunities induced her to consent to
the marriage being celebrated on the Ist July following.
That the said Lieutenant Money was a person of ex-
tremely violent passions and habits, and that immediately
after the celebration of their marriage he began, and
thenceforward continued to treat her with great harshness,
indignity, and cruelty ; that during their marriage tour he
constantly reproached her, but untruly, with coldness
and reserve, and frequently, without any just cause or
provocation, threatened her with violence, and declared
that she must be frightened into compliance with his
wishes, and must be acted upon by force, and also that
he frequently declared he would be a fiend and a devil
to her, or words to that effect, and on one occasion, only
three days after their marriage, he threatened he would
do to her what it would appal her to think of. It al-
leged that about the 16th July, whilst they were jour-
neying to the house of Mrs. Money's father, her husband
declared -that he had turned her whole family against
her ; and also that he was turned against her himself,
and that she could have no idea what the whole of the
rest of her life would be ; and also, during his residence
at the said house, he declared to Miss Elizabeth John-
stone, one of his wife's sisters, that his said wife was
''standing on the brink of a precipice ; that in a little
'time he would be a devil to her ; that he was a perfect
fiend when roused ; and that she (meaning his said wife)
should- or would be the most miserable woman on the
face of the earth, or to that effect : that he also declared
to her the scones which. had occurred between him and
his wife had been awful, fearful, and appalling ; and on
other occasions stated that Mrs. Money was fast
changing him into an ungovernable demon, and that
none of them knew what he could and would be when
roused, or what a man of stern determination they had
to deal with. It set forth that during the said visit he
admitted to the mother of Mrs. Money that he had lost
much of his respect for his wife ; that she must be
frightened and acted upon by fear, and must be brought
down, and used various other expressions to the like effect.
That upon the occasion of his leaving Clutton for a few
days to meet his sister-in-law at Southampton on her ar-
rival from India, Lieut. Money declared to his wife that his
mind veas.rnade up, and that upon his return from South-
ampton be should take her away and shut her up alone,
where she should not see a soul from morning to night.
That he would himself leave her alone all day, and added
that her state of health should be no excuse for any-
thing. That after his departure Mrs. Money disclosed
to her mother for the first time the particulars of his
conduct towards her, and declared she was in fear of
her life from his unbridled temper and violent conduct,
threats, and declarations, and that she could not possibly
live with him any longer, and, in pursuance of such de-
termination, that on the 20th of July she quitted her
father's house, and went into lodgings at Bristol. That
on the return of her husband to Clutton, on the 22d
July, he was informed of his wife's departure and deter-
mination, and the reasons assigned by her for her depar-
ture, and that he did not thereupon deny there was any
foundation for her reasons, or offer to be reconciled to
her or to treat her kindly, or not to carry out his threats,
' but that he became very violent, and grossly abused and
insulted his wife's family, and drew up and caused to be
printed and placarded throughout Bristol and Bath and
the neighbouring places, an advertisement falsely de-
' claring his wife had been forcibly abducted by a relation
from Clutton, and offering a reward of 501. to whomso-
ever would give information of her. That on Sunday,
the 25th July, he burst into the house, produced one of
the placards to the Rev. Mr. Johnstone, at the Rectory
at Clutton, and insulted him and his family by shaking
it in their faces and reading it aloud, saying it was their
last chance, and that he afterwards, during the time of
evening service, caused similar placards to be posted up
throughout Clutton. It further set forth that, on the
same day, Mrs. Money wrote and sent a letter by post
to her husband, at the only direction he had given
to her, namely, the East India Club, London, in
which she informed him of her having voluntarily left
him, and of her determination never to return to
him. That he duly received such letter, and there-
upon applied to the Court of Queen's Bench for a
writ of habeas corpus, which writ was served on
26th July upon the Rev. T. B. Johnstone, who, in con-
sequence, attended on the 28th July before the Hon.
Sir W. Erie, and stated that his daughter was then stay-
ing with her mother, at the house of a friend, No. 32,
Ca,dogan. place, Chelsea, and offered to bring her before
the judge, in order that he might examine her, and as-
certain that she was not under any restraint, but freely
and voluntarily remained away from her husband, and
refused to return to him, and that the judge thereupon
ordered the Rev. Mr. Johnstone and his daughter to
attend upon him at four o'clock in the afternoon of the
same day, the said Lieutenant Money, and his brother
Mr. George Money, being present on the occasion in
question. That Mr. Mason, the attorney of Mrs. Money,
submitt.id to Sir W. Erle that, in the event of her being
unwillhg to return to her husband, he (the learned
judecould not by law compel her to do so, to which
Sir W. Erle assented in the hearing of Lieut. Money.
Italleged that immediately thereupon the said Lieut.
Tioney and his brother George, before the Rev. Mr.
Johnstone could return to his daughter, proceeded in a
cabriolet to the house, 32, Cadogan-place, and having
obtained admission by pushing the servant who opened
the door, searched first the 'ewer rooms, and then the
drawing room, and then ran hastily up stairs, upon
which Mrs. Money heard her husband's voice, and being
in the greatest alarm for her personal safety, retired
into one of the bed rooms, and locked the door. That
har husband, however, burst open the door by force,
aid rushed into the room, followed by his brother,
wen which they forcibly tore her away from her
nother, and in so doing very much bruised her
mother's wrists and arms, and having dragged his
wife down stairs and out of the house without shawl
or bonnet, and with her hair falling loose on her
back, that they forcibly thrust her into the cabriolet
which was standing at the door, disregarding her loud
and reiterated enereaties that they would desist from
such ill-usage, and having thus forcibly obtained posses-
sion of his wife, he would not allow her to attend before
Sir William Erle, but sent her in charge of his sister-in-
law by railway to Salisbury, notwithstanding her re-
peated declaration that she was not in. a fit state to tra-
vel. That upon their arrival at 'Salisbury she was con-
veyed to the house of one of their connexions, where she
remained that night, and from ill health and distress of
mind was obliged to remain in bed during the greater
part of the next day. That her husband came into her
bedroom and endeavoured to induce her to tell Sir W.
Zrle, if she was taken before him, that she preferred to
remain with her husband ; and upon her refusing to do
!wafter his grievous conduct, that he threatened he
world expose her family, and that she was afterwards
entreated on her husband's behalf by his sister-in-law to
forgiee him for his previous violent conduct towards her
but she positively refused to be reconciled to him. It
alleged thatethe solicitor of Mrs. Money having obtained
warrants for the apprehension of Lieutenant Money and
his brother George for contempt of the Court of Queen's
Bench, they were taken into custody and held to bail to
appear in the said court on the 2nd of Nov. following,
and that a writ of habeas corpus was issued at the time
to compel the production of Mrs. Money at Judge's
Chambers, in consequence of which she was brought up
to London and earnestly entreated by her husband
to state to the learned judge that she was not
forcibly taken from Cadogan-place, which, however,
she refused to do, and that he delivered a letter to
her upon the subject of her not returning to live with
him, in which he declared she was at liberty to follow
her own inclinations ; and if she renounced him, he
solemnly promised never to molest her, nor to endeavour
to see her again, and further stated that she might con-
sider herself a free agent, and choose her own course.
That upon the 30th July, in obedience to the writ of
habeas corpus, Lieutenant Money appeared before Sir
W. Erle with his wife, upon which occasion she ex-
pressed her determination not to return to live with her
husband, and her wish to be separated from him, where-
upon the learned judge ordered her to be set at liberty,
and she then accordingly went away with her father and
Lobther, and had never since resided with her husband.
T the matter of the contempt of court in question
andtthbreeon not
_heard before Sir. Erle, Lieutenant
forciblyone
carried,. iefft,er di dispute or deny they had
tar Mrs. Money from. Cadogan-place, and ex-
pressed th
It further contrition, and thereupon were discharged.
V eaded that Lieutenant Money, about 9
o'clock in tie
cni ng of the 24th December, accompanied
by three policemen,openo aftert giving a feigned name to the
servant who
eo,deshr of the house, forced his
way into the lodgings
place, Bloomsbury, whertehlenhwife, at No. 2, Vernon-
beneeawaa staying with her
mother and sister for the of medical advice, she
being then in very ill
andheal frarath ande •eeut six months ad-
vanced in pregnancy,
ed and ter-
an angry and excited manner, Ccil
so went ap to her in
ri6ed her that she screamed out ; Zealann
thereupon
other and
seized hold of her by the wrists, and
not
her resistance, together with that of iser rethstanding
sister, forcibly endeavoured to drag her doh stairs,
and declared she should go with him in the cab which
was at the door. That she earnestly entreated him toto
leave her and let her die in peace, and caught hold
of the sofa to resist his force ; but that he continued
violently to pull her towards him, and to insist on
hergoing away with him, until one of the three police-
men remonstrated with him on his violence, and de-
clared he could not allow him to drag his wife about in
such a manner in her then state. That on such occasion
Lieut. Money was in a very excited state, and address-
ing one of the policemen, observed, "Mind, I will
never live with thisewoman again as my wife as long es
I live ; but I will not have a child palmed upon me ten
years hence," or words to that effect. It alleged that
Lieut. Money thereby falsely and maliciously charged
his wife with having committed adultery, although she
did nothing whatever to provoke him on that occasion, I
nor had she ever by her previous conduct in any manner I

given him any cause or ground for such false charge,
nor had he ever before charged her with or cautioned
her on the ground of infidelity, or levity, or undue, fami-
liarity with any man. That John Havers, Esq., who
was attending Mrs. Money medically, came in on her
sending for him, and after much persuasion prevailed
upon her husband, who was expressly cautioned as to
her then state, to leave the room, and that he almost
immediately afterwards rushed violently at the door,
and endeavoured to get in again, and would have done
so had he not been prevented by Mr. Havers ; but Mr.
Money refused finally to quit the house until the mother
of his wife had signed an undertaking which was dic-
tated by and taken away with him, to the effect that she
would produce her daughter either before Sir W. Erie
or in the Ecclesiastical Court at such time as might be
appointed, and that Mrs. Money's illness was so much
increased by this violence of her husband's, that it
nearly caused her to miscarry. It filially pleaded
that the venereal disease was communicated to her by
her husband, who was suffering from it at or shortly
after the time of his marriage, and that her health
was greatly impaired in consequence. An allegation in
answer had been given in on behalf of Lieut. Money,
which pleaded that he was not a person of violent pas-
sions or habits ; and that, although he treated his wife
with much affection, and presented her with many gifts,
she evinced great coldness and indifference towards him,
and on one occasion confessed that she bad married
hastily, and had never sufficiently loved him. That her
husband thereupon pointed out in firm but temperate
language the injury she had inflicted upon him, but that
he never threatened her with violence, or declared she
must be frightened into compliance with his wishes ; or
that he would be a fiend or a devil to her, as untruly
alleged in the second article of the adverse allegation.
It denied at any time he had declared his intention to do
to his wife what it would appal her to think of ; and
pleaded that on the 3d July, 1852, he made a will which
bequeathed to her the greater part of his property. It
alleged that whilst on their wedding tour Mrs. Money
wrote letters to her mother and other relations, declar-
ing her husband was kind and affectionate, and that two
several letters, dated the 11th and 14th days of July,
were sent by Mr. Money's mother to the mother of his
wife, after the confession made by her, and with refer-
ence thereto ; and that before they were posted they
were read over in the presence of Mrs. Money, as was
also the reply to them upon its receipt. That such letters
attributed the unhappiness of the parties solely to want
of affection on the part of Mrs. Money, who, it pleaded,
admitted the truth thereof ; and that the two letters sent
to Mrs. Johnstone were now in possession of her daugh-
ter ; that during their cohabitation he treated his wife
with every consideration and kindness, and never declared
or admitted he had set all her family against her, or
made the other declarations pleaded, except that on one
occasion he told her if she changed his love into indif-
ference she would repent it ever afterwards, and would
be a miserable woman ; that during their visit at Mit-
ten in July, 1852, he conversed with his wife's mother
Upon the subject of the confession above-mentioned, and
requested her to use her influence to reduce her daughter
to a better state of mind and affection towards him, and
that in the hope of effecting such a change he proposed
to his wife's sister to accompany himself and Mrs. Money
to India in the autumn, his wife having expressed a wish
to that effect, and to remain a year with them at his ex-
pense, which she consented to do, and he was requested
by them to make the necessary inquiries at Southampton
as to the particulars of vessels bound to India.; that be-
fore quitting Clutton he proceeded to Southampton as
aforesaid ; he went up stairs to his wife's bed-room and
wished her good-bye and kissed her, but that be did not
then, or at'any time whatever, hold his clenched fist in
her face, as falsely alleged, or display any threatening
manner towards her ; but that he told her he was going
away for a few days, and begged her to pray to God to
soften her heart, and then endeavoured, by treating her
in every way with conjugal affection, to remove the un-
happy want of affection displayed and confessed by her.
That whilst at Southampton he wrote her an affectionate
letter, communicating the information she had requested
him to obtain ; but that she having quitted Clutton be-
fore its delivery, the said letter came again into his pos-
session. That on his return to Clutton the Rev. Mr.
Johnstone, notwithstanding repeated and urgent de-
mands, refused or omitted to specify the nature of
cruelty or unkindness which had been assigned by
Mrs. Money for her departure from home. That Mr.
Money did not thereupon, or on the 25th day .of the
said month, become violent or abusive, but, be-
ing unable to obtain satisfactory information, or to
learn the place of his wife's concealment, his brother
George, at his request, waited upon the Rev. Mr. John-
stone to demand a specification of such accusations when
charges of cruelty were made entirely without any foun-
dation, for that Mrs. Money subsequently admitted to
the Rev. Mr. Bennett, a friend of her family, she had
no other reason for leaving than her dislike to the act
of connubial intercourse, and also admitted to her
parents that her husband was most kind and affectionate,
and left no wish of hers ungratified, upon which her
parents thanked Mr. Money in her presence for showing
such kindness. That upon the occasion of Mr. Money
taking possession of his wife at Cadogan-place, he made
use of no violence towards her, and that she walked out
of the house, though reluctantly, and into the Brougham
that was waiting for them at the door. It denied she
requested him to allow her to attend before Sir W.
Erie, or that she declared she was not in a fit state to
travel, and alleged that she proceeded in the company
of Mrs. Eleanor Money, his brother William's wife, to
the house of Lady Poore, at Salisbury, where she did
not, as untruly pleaded, charge him with any miscon-
duct or threatening behaviour, or did his brother's wife
entreat her to forgive him for such misconduct, but on
the contrary, Mrs. Eleanor Money represented to her
the impropriety and wickedness of her behaviour to her
husband, against whom she then confessed she had no
just cause of complaint. That upon the arrival of Mr.
and Mrs. Money in town on the 30th day of July, they
proceeded to the chambers of the said William Money,
not George Henry Money, as pleaded ; but neither he
nor either of his brothers, on that or any other oc-
casion, endeavoured to induce her to state to the
judge that she was not taken from Cadogan-place by
force, and that the letter pleaded which was given
by Mr. Money to his wife on the evening of the 29th, not
the 30th July, as alleged, was so given on the express
understanding that she should demand no allowance or
maintenance from her husband, Lin the event of her re-
nouncing him in the Court of Queen's Bench, although
an allowance was, both during the proceedings in the
court, and subsequently demanded by her ; and that at
the time such letter was written, Mr. Money was not
aware of his wife being pregnant. That upon inquiry
into the alleged contempt of court, the said Sir W. Erie
assigned as a ground for discharging Mr. Money, and
vacating his recognizances, that he was satisfied, upon
investigation of the case, that the charge of cruelty and
unkindness preferred by his wife was wholly unfounded,
and that the contempt of court complained of had been
committed under circumstances of great provocation ; it
denied the charge of having been infected with the vene-
real disease, or of having communicated the same to his
wife ; and alleged that Sir W. Erie expressed his opinion
that such a charge was entirely disproved, and ought to
be withdrawn, and the same was withdrawn by the
counsel accordingly during the proceedings of the 22d
day of December. That on the 24th December Mrs.
Money was in contempt for non-appearance to the de-
cree of this colirt, and had up to such time successfully
evaded every attempt of her husband to discover her
place of concealment, but that on the day articulated Mr.
Money went to No. 3, Vernon-place, Bloomsbury, and
took three policemen with him as witnesses, in case any
false charge of violence or ill-treatment should be made
against him ; it denied he gave a feigned name on enter-
ing the house, or approached his wife in an angry man-
ner, or endeavoured to drag her down stairs, or that any
of the policemen remonstrated with him, as untruly
alleged. That, having been informed of the delicate
state of his wife, and of her pregnancy, and having
obtained the undertaking for her appearance in the
.Ecclesiastical Court, he left the house, and did not en-
deavour in any way to enter again, nor did Mr. Hayes
prevent him doing so ; and that, on two medical
men
attending in consultation upon her, in pursuance of
an order made by Mr. Justice Crompton, they ascer-
tained she was not and had' never been suffering from
venereal disease ; and in conclusion it denied that she
had ever been suffering from such disease, A responsive
Sinitteee
dbeeneiligievhenhil on. behalf of Mrs.
allegation had
Money, wherein
cold-
ness and indifference towards her tahtetimee husbandaevineefdrogle
of their marriage until their final separation,
t" or admitted
she had married hastily, as pleaded in'
adverseatlle-
gation ; but that, on the contrary, her husband' had
voluntarily stated to members of her family that she had
been quite as kind to him as he could expect, and also
that he would not have her reserved •
manner, which he
said was common to all the family,
checked, because he
liked and admired it. It denied that in the letters she
had written to her relations while on her wedding tour,
she had described her husband as kind and affectionate,
and alleged she only refrained from complaining of his
conduct in the hope that he might alter. That the
letters referred to in the 6th article of the adverse ane.
gation were sent without her consent, and it tags not
true, as pleaded, that her husband proposed to his
sister to accompany himself and Mrs. Money to India,
and to remain with them a year at his expense, in the
hope of effecting any change in his wife's affections
towards him ; but that she had entreated her sister to
consent to accompany them to India for protection, /lel
she was becoming alarmed at the prospect of living i
alone with her husband.. That it was not true, as
pleaded, that she did not assign to the. Rev. William
Bennet, in October last, any cruelty or- threats what-
ever on the part of her husband, as a justification for
leaving him, neither was it true, as alleged, that she
had admitted to her parents, Mr. Money left no
wish of hers ungratified, and was kind' and affection-
ate, or that her family had thanked him for show-
ing her such kindness, but only thanked him for giving
them an opportunity of seeing her at Bristol, on her way
to Homme House, and that upon the occasion of her
being at Lady Poore's house, at Salisbury, instead of
confessing, as pleaded, that she had no cause of com-
plaint against her husband, she did complain, and after-
wards expecting her family would use the authority of
the Court of Queen's Bench to bring her back to Lon-
don, and fearing any observation of hers might be mis-
represented, she maintained, whilst alone with her hus-
band's connections, great reserve and silence on the sub-
ject of his conduct. That on the occasion of the inquiry
into the matter of the of contempt court on the 22d of
December
a witnes last Mrs. Money was not herself produced as
might e'and therefore any opinion which Sir W. Erie
have expressed
testimony, but that was formed in the absence of her
conviction
she
hadb the learned judge did declare his
and characterised it been carried off by force and violence,
there was hardly as
a violation of the law, than which
one
tiried.dangerous. That Sir W.
Erie did not on suchoc
Money of being infected witbestibe venereal disease to be
re the charge against Mr.
withdrawn, and the charge, was n
during the hearing of the matter of
cootntsevimthdt rawn.; bat
was made by Hugh Hill, v.
as Counsel). ! a
Or her hue-