The Sun.
London, England, 1848-08-12 00:00:00

Mr. Smith, a solicitor and banker at Hemel Hamp-
stead, said—l am not only the attesting witness to that
document, but I drew it. I had for many years been
the legal adviser of the testator, and his banker also.
He had very considerable property, 60,0001. at least,
invested principally in estates. I knew his father, who
was worth 80,000/. to 100,0001. The testator left the
principal part of his property between his two children,
Esther Field and her brother. A yearly income of
about 1,2001. each, besides the other property was left
them, and in the event of either dying without issue or
without having been married, the survivor took the
whole If Esther married, her property was to be
settled upon her for her own separate use. There was
a small personalty of about 5,0001., perhaps, arising
from savings out of the income. As the will did not
appoint any guardian, there was a bill filed in the Court
of Chancery in 1846 for that purpose; and when this
event occurred the business was still in progress, but
not completed. Up to this time the only persons who
had exercised any control over the childrenwere Mr. and
Mrs. John Brown and Mr. Moore, who had succeeded
one of the original trustees who had died. I have five
daughters and three sons, one of whom is named Mon-
tague. I was not aware until Miss Field after this
affair mentioned it to me, that there was any attach-
ment between her and my sou Montague, and then I
knew nothing more about it than what that young lady
told me ; and even now I do not know that either of
them has made an offer of marriage to the other. Prior
to June, 1847, I had not seen Miss Field but once—and
that was in April—for probably two years, and on the
occasion in June she had come in compliance with my
request, as I wanted to speak to her about the appoint-
ment of her guardian. When she was at school she
spent her holidays at Mr. Brown's. Whet, she came to
my house on the 24th of June last year, she told me
what had occurred four days afterwards, and expressed
a wish, as she could not live with Samuel Brown, that if
it were possible the marriage should be put aside. In
consequence of this I instituted the necessary proceed-
ings and consulted counsel. One result of those pro-
ceedings was that Miss Field should be placed under the
care of my family, and in consequence of that:order she
has remained in my house up to the present moment.
This was under the order of the Vice-Chancellor. My
eldest son is named Montague, and is now 29 years
of age. He is a solicitor in Furnival's Inn. Samuel
Brown was prosecuted at the Central Criminal Court for
fraud in respect of the banns on the certificate of the
Attorney-General, upon the matter being referred to him
by the Vice-Chancellor. My son Montague has not been
married, to the best of my knowledge.
Cross-examined—l have received the rents under the
authority of the trustees, and pay them intotohneitargauce-
count in my bank. lam the attorney in these proceed-
ings as well as in those in Chancery, and I have adopted
them at the request of Miss Field. My son m
has not been in my house since this occurrence, and it
has been by my orders that he has not been there. He
is a solicitor in Furnival's Inn. He got into some diffi-
culties in consequence of his Eton connexions.
By Lord RADNOR—Miss Field said she was married
to Samuel Brown, but that she wished to get rid of it,
for she could not live with him. She also stated that
she had been intimidated into the marriage.
Mr. Steele, the medical attendant, stated that he had
seen Miss Field after her arrival at Mr. Smith's on the
24th of June, when he found her in a very nervous and
excited state, so much so that be apprehended a fever
would follow.
Other witnesses having been examined,
Mr. DOLT summed up the whole of the evidence, and
the further consideration of the case was adjourned to
Thursday last. On that day
Mr. BALLANTINE rose to address their Lordships in
opposition to the second reading of the Bill for annulling
the marriage, on the behalf of the husband, Samuel S.
Brown, when
The Earl of DEVON intimated that their Lordships
would not trouble the Learned Counsel. There was no
comeoc c a s i
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ho
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ohoardoof originally
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still the effect of the evidence in chief, and that drawn
out by the able cross-examination of the Learned Coun-
sel who appeared on behalf of the husband, had been to
satisfy him that the Bill ought not to be proceeded with,
inasmuch as it was not sustained by the evidence, in re-
spect of the allegations, that the consent of the young
lady had been forced and against her free will. In this
opinion he was supported by that of the Noble and
Learned Lord who usually occupied the woolsack, by
Lord Lyndhurst, Lord Brougham, and Lord Campbell,
with all of whom he had held consultations on the case.
Ho could not therefore move, as it had been his inten-
tion, the second reading of the Bill.
Tho effect of this decision will of course be, that the
marriage being thus declared a valid marriage, and with
the free consent of the young lady, she will be handed
over to her husband as soon as his period of imprison-
ment for the fraud has expired.

POLICE INTELLIGENCE.
GUILDHALL.
William Cully, a foreman in the employ of Mr. Had,
son, a stationer on Lambeth-hill, was summoned before
Alderman Humphery, for assaulting and ill-using his
wife.
Mrs. Patience Cufily, a respectably-dressed young
woman, said she was married to the prisoner on the 2d
weeks na. ndA left marks three
nof January last. On the second night he complained
that the bed was not made comfortable, and at once got
ut
hstearte of
mostinvtioexleiecatit3, intoxication. up and drew her and the bed on to the floor. Ile was
c:
thhee
shookn
ina
arms; and on another occasion he caught her by the
neck, and if it had not been for the interference of his
brother she would have been strangled. On the 2d of
June he came home at a very late hour in a beastly State
of intoxication, when he took her up and flung her on the
t h after
her
stairs against the banisters, hurting her hip and back so
severely that she was unable to leave her room for about
a fortnight. While so confined he repeated his violence
by throwing various articles at her, and she became so
alarmed that she took the first opportunity of flying from
her home to secrete herself. On one occasion be seized
a razor, and fearing he was going to take her life, she
fell on her knees and said, " Don't, William, I will not
leave you." He desisted, and went to her box and tried
to cut up her clothes, and afterwards to burn them.
The defendant denied using any threat, but admitted
that he was very wrong in shoving her against the
banisters. He also said that his wife's statement re-
specting his conduct the night following their marriage
was untrue.
Mr. ley Hardy, a surgeon, and Mr. and Mrs. Tindall,
of Old Fish-street-hill, having deposed to the ill-treat-
ment the complainant had received from the time of their
marriage,
Alderman HIIMPHERY said it was very clear dee de-
fendant was a most inhuman man, and he should hold
him to bail, himself in 1001. and two sureties of 50/.
each, to keep the peace towards his wife and all her
Majesty's subjects for twelve months.
In default of bail he was locked up.
CLERKEIV WELL.
A gentleman, named Barry, residing at Islingters, was
summoned by an omnibus conductor for refusing to pay
his fare, 6d.
The complainant said he was the conductor of an
omnibus running between Islington and Chelsea. For
the whole distance the fare was 6d.; but from the
Regent's-circus, Piccadilly, to Tottenham-court-road,
was 3d., and a painted board was placed outside the
vehicle to that effect. The defendant got on the omnibus
at the Regent-circus and alighted at Islington, when he
refused to pay more than 3d.
The fare, 6d. was stuck up inside ; that was his fare.
The fare for short distances was outside.
Defendant said it was a low, cunning trick, to take
advantage and to intimidate ladies. The 3d. was on the
board, without any qualification.
Mr. TYRWHITT said he must be guided by the Act
of Parliament. The law specifically stated that a table
of fares should be affixed inside of the omnibus, and if
they thought proper to make fares for short distances,
they must also be placed inside.
The complaint was then dismissed.
MARLBOROUGH-STREET.
William Powell if ellerton, a young man who formerly
held a situation in the dead-letter department of the
General Post-office, was brought before Mr. Bingham,
for final examination, charged with embezzlensent7 He
was also charged with having deserted his wife, leaving
her chargeable to, the parish of St. George, Hanover-
square.
It appeared from the evidence adduced on the last and
present examination, that the prisoner had very
cruelly
treated his wife, leaving her without the common neces-
saries of life, and abandoning her to h
her own resources.
It was, in consequence, her wis to be separated
from him.
Mr. BINGHAM said he had been informed that the
persons from whom the prisoner had embezzled the
money, did not intend to press the charge against him.
He (Mr. Bingham), however, should not discharge him
until he had consented to enter into a deed of separation
with his wife, in order that she should not be distressed
again by his conduct.
The prisoner at once consented to this, and having
signed the necessary papers, was discharged.
Just as he was leaving the court, Mr. Green, from the
office of Mr. Bebb, solicitor, stepped forward, and served
him with a copy of a writ for 250/.
Mr. Smith stated that since the case had been before
the public, he had received a sovereign from a gentle-
man for Mrs. Wellerton, which the donor begged might
be acknowledged through the medium of the public press.
Mrs. Wellerton said ahe was destitute of every means
of gaining a livelihood. She was exceedingly clever at
knitting fancy cloaks and other articles, and had she the
means of purchasing the materials she should soon by
her own exertions be placed in comparative comfort.
Mr. BINGHAM said he thought, it the case was made
public, some benevolent individuals might come forward
and assist her. He would give her a sovereign from the
poor-box as a beginning.
SOUTHWARK.
'Thomas Craven, a medical student, was brought up
under the authority of a warrant, charged with the ab-
duction of Jessie Cabb, a girl of 14 years of age.
The girl's mother, a respectable woman, attended this
court the preceding day, and described the circum-
stances attending her daughter's absence from home ;
that oil Munda:, afternoon she bent her to an aunt's in
the Hackney-road, on an errand, and that not returning,
inquiries- were made, when it was ascertained that she