The Sun.
London, England, 1860-12-11 00:00:00

LAW INTELLIGENCE—Dec. 10.

COURT OF CO-TYLMON PLEAS,
Before Mr, Justice Willes and a Middlesex Com-

mon Jury.)

SALMONS V TYLER.
This was an action to recover damages for slander.
The plaintiff, who was formerly the landlady of a
public-house in the city of Westminster, alleged in
the declaration, that observations had been made
by the defendant to third parties imputing to her
house the character of a brotl lel ; that in consequence
of the statements made the renewal of the licence
had been refused by the justices, and that she had
suffered considerable damage. Witnesses residing
or employed in the neighbourhood were called to
prove the good character of the house, and the re-
spectability of the plaintiff and her custocuero, but
only one witness who resided in the house was caned
for the same purpose, andthis witness was a young
woman who acted in the capacity of barmaid, aod
whose age was about 19 years, and who underwent
a strict and painful cross-examination as to the
character of the house and as to her own chastity,
but nothing was elicited to show that the house was
not properly conducted, or that she herself had
conducted herself immorally. At the conclusion of
her cross-examination,
Mr. Sergeant Thomas (with him Mr. 0
Griffiths), said that he had no more witnesses to
call.
Mr. Justice Willes expressed some surprise that
in a case of this kind the plaintiff herself was not
called to prove what damage she had sustained by
the alleged slander.
Mr. Sergeant Thomas said the plaintiff was not in
a fit state of health to appear in court, and, conse-
quently she could not be examined.
Mr. Sergeant Ballantine (with him Mr. Luxton),
for the defendant, said in that case he should not
call any witnesses on his behalf. The defendant
and his wife and other persons had come prepared
to support the pleas on the record, but as the alle-
gations had not been proved he should not call
them.
Mr. Sergeant Thomas then addressed the jury,
and in doing so stated that the plaintiff and defen-
dant in an action might, until a recent act of Par-
liament, be called or not, as it might be considered
advisable. In this case he bad proved the allega-
tions in the declaration by the evidence of inde-
pendent persons, and what he had omitted to do
could have been supplied by the defendant and his
witnesses, if it had been thought prudent to put
them into the witness box. The learned sergeant
concluded by condemning in severe terms the
course which had been pursued in the cross-exami-
nation of the barmaid.
Mr. Sergeant Ballantine then addressed the jury
for the defendant, and said it was evident that this
was a case got up for the purpose of obtaining
damages for injury to the character of the plaintiff,
and it had not been proved that the alleged slander
had inflicted any injury to her reputation.
Mr. Justice Willes summed up the evidence in
favour of the defendant, and in doing so stated that
all cases of slander and libel were peculiarly within
the province of juries, and if the case was proved
to their satisfaction they must consider what
damages ought to be awarded. He confessed he
felt greatly surprised the plaintiff herself had not
been placed before then. Where was she P If too un-
well to attend the court the trial of her cause might
on a proper application being made, have been post-
poned to a more fitting period. If in prison for
debt, then the mere signature of any judge of the
superior courts at the foot of a printed,paper called
a writ of habeas corpus would have produced her
to the jury. He certainly thought the plaintiff
ought to have appeared and submitted to a cross-
examination as to her conduct in the management
of the publichouse and as to her antecedents.
The jury, after a short consultation, said they
had agreed to find a verdict for the plaintiff, with
one farthing damages.
• The learned judge then said this case was the
last on the list for trial at these sitting, and in dis-
charging the jury he begged to thank them for the
manner in which they had so ably and cheerfully
performed their duties to the country.

COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell and a Common Jury.)
WHITTALL V. WHITTALL AND HUNT.

This was a suit instituted by Henry Whittall for
a dissolution of marriage on the ground of his wife's
adultery with the co-respondent James Hunt. The
respondent pleaded a denial of the adultery, and
cruelty and desertion on the part of the petitioner ;
and the co-respondent entered no appearance.
Mr. Huddleston, and Mr. E. Ward were counsel
for the petitioner, and Mr. Whateley, Q C., and
Mr. Macqueen for the respondent.
From the opening statement of counsel it
appeared that the petitioner a cab proprietor, mar-
ried the respondent who was a servant, in 1842, at
Birmingham, where all the parties reside. They
continued to cohabit for some years, during which
period they had three children, two of whom are
dead ; but in consequence of the intemperate habits
of the respondent, which displayed themselves
about 12 months after their marriage, they
separated several times, and finally in 1852, her
conduct then being so bad as to render
further cohabitation impossible. The alleged
adultery took place between 1852 and
1857, and the co-respondent it appeared
was a baker in a small way of business. Seve-
ral witnesses were called in support of the peti-
tioner's case, who deposed to the respondent and
the co-respondent having lived together as man and
wife subsequent to the separa ion in 1852, and that
they had been desired to quit two lodgings in which
they lived. The petitioner at first allowed his wife
4s. a-week, which was increased to ss. a-week, but
reduced in consequence of her having contracted a
debt which be was paying off. The petitioner was
described as a most industrious man, who com-
menced business with a hired cab, but by steadi-
ness became possessed of houses, horses, and cabs.
It was also deposed that the respondent was so
addicted to intemperance that she used to pledge
even the clothes of the baby to gratify her propen-
sity,. and at one time she had as many as 50 pawn
tickets for articles pledged without the privity of
her husband. In cross-examination it was elicited
that the petitioner had been ordered by the magis-
trates to allow his wife ss. a-week, and that on one
occasion her forehead was seen bleeding from the
effects, as she alleged, of a blow inflicted on her by
the petitioner with a stable lantern, which was sub-
sequent to the birth of the last child. For the re-
spondent it was not attempted to be denied that
the alleged adultery had been committed, but it
was contended that she had been driven to this
improper conduct by the brutality of her husband.
In support of this statement evidence was adduced
to show that from 1847 to 1850 he had turned her
out of his house, and it was sworn positively that
he had struck her in the streets in Birmingham,
knocking her down, and kicking her. It was
alleged that a miscarriage which she had resulted
from the violence of the petitioner. It was also
stated that she was frequently heard to scream out
in the house, that she had-bla4 eyes, and on one
occasion it was stated that her person was severely
bruised. Some of the witnesses for the defence cor-
roborated the petitioner's allegations as to her
asserted habits of intemperance shortly after the
marriage, but others gave evidence the very oppo-
site in reference to this charge.
The jury found a verdict that the respondent was
guilty of adultery, and that the petitioner had com-
mitted the cruelty pleaded, but that it had been
condoned, and that the plea of desertion had not
been established.
Mr. Huddleston applied to the Court to decree
the dissolution of the marriage.
Sir C. Cresswell said he considered the cruelty
had been caused by the misconduct of the respond.
ent, and therefore that the petitioner was entitled
to the relief for which he prayed.
The foreman of the jury said that was exactly the
view taken by the jury.
Sir C. Cresswell then decreed the dissolution of
the marriage, but refused an application for the
intemperate habits of the respondent.
rou n d petitioner'softhceoZ:mgainst the co-respondent, on the
g

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'NG cl T THE SUB.R.EY
REJ'JVAL • TH.A 7,ATRE.

ed collier and prize-fighter)/
t3I-s. Reginald Radcliffe said
On Sunday ov enini,7
Richard Weaver .(the com's-71
9xeter Hall ,on the previona
wbo held a revive j meeting id.. filar service in the Surrey
Sunday evening, c, inducted a sire. • the second meeting in
Theatre. It was itlended to holy
, many i njudicious er
Exeter Hall, but in consequence of
the m Imagers of the
pressions made use e fby Mr. Weaver •
hall decline to allow him to appear agiAlt" T. he theatre was
densely packed soon a tter the doors were ope. aed, and a t 7
o'clock Mr. Weaver appeared on the•
by Capt. Fishbourne, 11. N., Dr. Forbes stage, a.ccompan to
Win; ;low, and the
Rev. Mr. Ray, and sonic other gentlemen, Printed sips
containing the hymns to be sung were freek'v dietributedt
and the first that was given out, " Come to J u.s, come to
'
Jesus," was sung with extaordinary vigour to a. nie. 'TY tu:lle
r
A vehement pryer was then made, and afterw art. 15 31'4'
ay .
Weaver proceeded to prea,r.: h from chapter 5 of St. M '10:14
Gospel, v. 34 :—" Thy laid, i hath made thee whole ; go
peace, and be whole of thy plague." He said he w anti.*
to speak of the thing called faith. It had been said tha3
some men were not constitutt )d to have faith, but all men'
had faith of some kind, either a living or a dead faith. 11-
good many Christians were rns('y and did not know whether
they had faith or not, He advised them, one and all, to pat
their gas-pipes right up into hcave Man that they naight
thaw down an abundance of faitl'. y people did ant
b'elie've there was such a thing as inhtantaneousconversion.
He orris a livingproof that conversiontanight be instantane'
ous, for he remembered the exact hour when he was con.-
vetted in'
field in Staffordshire. He had frequently heard
before that itime that his name, that his godfathers and
godmothers t'rac'e him that name on his baptism, whereea
he was made a
member of Christ, the child of God, and an
inheritor of the (Nu
odom of heaven. That was a delusion
from hell, for in thofirst battle he ever fought his goclfather
backed him, and hell:
him t•n his knee. Since that time 116
had done many wicket: thiogs, things that would /nab,
them shudder if he toll them ; but all that was over nowt
and God had forgiven him all his sins. If God could save
such an enormous sinner asßict and Weaver he could save
anybody. The preacher alluded tt ' a place in which he wail
to have preached, but had been reh teed, upon which there
was considerable clapping of hands. .Tie said he was nc4t
luding to Exeter Hall, but to a chapel' in the country, and,
begged there might be no clapping of ham as such condtn°b
was only it for a public-house, and if there were snob'
scenes there the newspapers would say it was all his fault.
More hymns followed to the tune of "The li,ing of the Can-
nibal Islands" and " Happy Land," Mr. Wea Per remarking
that he quite agreed with old Rowland Hill, who said tWit
he thought it a shame that the devil should have' All the
best tunes to himself, and he therefore had no computuction
about robbing him. ISir. Weaver, who delivered his a ddrese
with wonderful energy-, was followed by Mr. Radcliff( 1, who
related some extraordinary instances of instantaneou s con'
version, and said that he believed that a new reforn laden
would be effected by working men and women, who would
go forth into all parts of England as Evangelists.
would not mind the slaughter they made of gramm art a°
long as they slaughtered sin and the devil's work.
the delivery of these addresses, the people indulged in all
sorts of expressions of approval, such as " Ah, ah," "what'.
it," and occasionally interspersed with very heavy sig-he.
At times the excitement was intense, especially when the
preachers gave the results of their experience in cliffr
rent parts of the country. At the close of the seryieee
a conversation took place in reference to conversion, and
persons who were deeply aifected were taken to roono
in various parts of the theatre, where they wens talkei
to and encouraged by " Christian brothers and sisters.'
Before the doors were opened some hundreds of people
were engaged in singing hymos in the Blaclariars.
road ; and again, on leaving, gronlos of men, womern, and
children paraded the streets singil'ka hymns to the Moll
tunes which were employed in the thee' tre. In consep one.
of Exeter Hall being refused to them the managers of the°
revival services have engaged the Sunrey Theatre for
13
consecutive Sunday evenings.

Y

cliffo
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prey iono
he Sur-rey
looting in

cious

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Leatre vas
and a t 7
°rap= ied
7, and the
ited g2i105
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7orn &ado's
ho would
5. The,'

mm are 5°
During
ged in al/
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sigh°'
when th.
)in differ
a serYfee°
sion, an&
to room
3r4e talked
L sisters•
of peopl.
lack.friars:
omer., and
the Moll
mseq) one.
Ira of these
atre for 13

market to'
;orrettaitt
m•alting
nit oz sole'

'365 to 4;90
445 to
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.42:, to 464

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wand,
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435 tat 460
'.43a to 410
.395 to 42
.38s to 464
39s to 490
.325 to 43s

grable
g to 68s of
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091811
245 P ,
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448 to ""
to 345 Per

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late ratew,