The Sun.
London, England, 1858-11-26 00:00:00

I shall keep it." She rang the bell, and the servants
came. She stood at the window gesticulating and
vociferating. Tobin said, " Oh, Ma'am, how you are
COURT OF PROBATE AND DIVORCE._ exposing yourself!" and tried to pull down the
Before the Judge Ordinary and a Common Jury.) blind. She dared the servant to do it. I tookher by
the hard and placed her in a chair close to her
MARCHMONT V. MARCHMONT. without violence. We dined together, and I went
Mr. Sergeant Pigott, Dr. Deane, Q.C., Dr. out on business. Contrary to my usual custom I
Spinks, Mr. Tindal Atkinson, were counsel for the went away without kissing my wife and children.
petitioner, Mrs. Marchmont, who prays for ajudicial When I returned I found she was gone. I heard
separation on the ground of cruelty ; Mr. K. Ma- from her twice, and wrote three times. She said in
caulay, Q.C., Dr. Phillimore, Q.C., and Dr. Swabey her letter that she left me because I showed more
for the respondents, Mr. Marchmont, who pleads a affection for the children than for her, and I wanted
denial of the allegations of cruelty, and also con- to get possession of her money and her houses. I
donation. wrote to her entreating her to return.
The examination of the respondent,_ Mr. March- This letter was read and enclosed in it was the
mont, was resumed by Mr. K. Macaulay, in the following advertisement which Mr. Marchmont said
absence of Dr. Phillimore. he had taken to the Times office, hoping that it
Mr. Marchmont said—On the morning of the would be inserted on the following day when he
22d of Jan. I went into the kitchen to ask Mrs. found that she had left her home :
Marchmont to come to breakfast, and as she re- "Rose dearest, with a broken heart
k /yeocsureeeur fldhirzooetpution,
wgaifllithovihetr
fused I took it down to her. She came up to din- entreatsh r
sduetlao return
y I ;hall notm breatheac
ner, because I told her I would not partake of it °ne
being until I hear. from you. Oh Rose, you are more fondly
g
unless she joined me and the children. She slept loved than heart can tell by T-p. Forgive, Do not
with me that night, for I had threatened to leave act rashly. We can be happy."
the house unless she did. I feigned to leave the Examination continued—On the 26th February-,
house. I treated her with all the kindness and on our way home, there had been a reference made
affection possible. On the 23d she said, " I sup- to her will. She said she should leave her property
pose after all this you wouldlike to see the Queen at to those with whom she had been staying. I said
the Opera ?" I said, " I would not give a penny she was at liberty to leave it to whom she pleased.
to see the Queen." She went to town, and bought On the morning of the 26th March I adverted to
12 guineas worth of tickets. I asked if they were that conversation, and said that I could not but
given as a peace offering, and said, " What a pity think her will an unjust one. " I have," I added,
it ss that it should be necessary to make peace." given up much to marry you; at least £7OO a-year,
She said, " Then why don't you let me have my viz., £3OO from the chapel and at least £4OO from
own way and humour me ?" I brought home a dog my pen also. In the event of your death Mr.
on the evening of the 28th. She said angrily, Walmisley will have £30,000, and I shall only get
" What great beast have you got there ?" I said, £lO,OOO, which will leave me in comparative po-
"My dear, you know the shape of the animal. I call verty. My proposition is this—Destroy the exist-
it a dog." I told her it was bought to replace poor ing will, and make no other for six months. If you
Nep, and was to be kept in the stable. She said, die without a will I don't take one penny. At the
" Well, take it round to the stable at once." I said end of six months, when you have had an oppor-
I had walked a great distance, and was too tired, tunity of making a fair judgment, make what
but would send it round in the morning. She was you think a just will." She said, " I will not de-
under the influence of wine, and spoke in the most stroy the existing will, but I will make another
irritating manner. She took hold of its collar to at the end of six months." On the 27th of
turn itout, saying she had dogs enough already; she March I went to Mrs. Mackenzie's. I found out
had already four of them to maintain. The children where she was by following the messenger who
and the housemaid were present. I said, "I will took my letter from the post-office. I did not say
not eat another meal at your expense, as you have when I went in, " Money I want and money I'll
called me a dog." The dog remained in the house have." When she saw me she ran up and down
that night. I slept on the sofa. The next day I the room wringing her hands. I sat down and did
refused to eat in the house and again slept on the not move for an hour. Then she allowed me to
sofa. On the third day, which was a Sunday, I approach her, and I soothed her. I went into the
only took a little bread and water at her table. city to transact some business, and then returned
On the Monday I attempted a reconciliation. She to Mrs. Mackenzie's and drove home with her. We
said she had been to her lawyer and intended to were on amicable terms. On the 29th we went to
have a separation. I had not spoken an angry my father's. We made some purchases at a sale,
word about a dog, but the alienation between us and when I went to settle with the auctioneer she
arose entirely out of that transaction. I deny that told me she would reimburse me. There were two
I offered any threat of personal violence. On the or three unpleasant scenes at Shandley. I went
Monday I joined her and the children at breakfast, away for a short time one day, and found when I
and asked her to make it up, and attempted to kiss came back that she was ixtoxicated. She said the
her. She pushed me away and said, "Go and kiss children were the plague of her life, and she would
those you have spent the last three or four days send them to school. On the 6th April she left the
with." I said " I prefer kissing you." She said house before I got downstairs in the morning.
" You need not think to get over me with your in- I had spoken about her will. I said, " I think
fernal flummery, I will see your neck stretched you have made a mistake as to the disposition of
first." There was not the slightest foundation for your property. You have left more than you
the suspicion that I had spent that time with im- suppose to the residuary legatees. You have
proper women. This was on the Ist of February. given £30,000 to Mr. Walmisley." She said,
I took the dog to her, and with a good-humoured re- "Itis a lie !" I said, " That only makes matters
mark put his paws on her shoulder and kissed her. worse. The residuary legatees will have at least
She said "Poor thing, he loves me better than his £B,OOO or £9,000." She said, " What business
master. I would rather kiss him than you." I again have you to say anything about it ? You are only
entreatedherto come upstairs out of the kitchen,but fishing to find out what it contains. I dare say
she refused. There was no quarrel. I did not you would like to know I had left you a large
say "I would not mind swinging for you," or any amount, and then you would murder me." She
words to that effect, when she called me and the afterwards asked me to come down to breakfast,
children dogs. I did say, " Caroline, you want a but I said, " You have taken away all my appetite.
blackguard to talk to you ; a man who would as I You treat me more like a dog than a husband."
heard a costermonger say to his wife to day, ' I She again went on that day to Mrs. Mackenzie and
don't mind swinging for you." On the Ist of Feb. took lodgings in Quebec-street. I found her out.
I asked her to go out in the carriage. She said, " I She said when I went for her, " There is no hiding
will never ride with you again." I said, smiling, from the devil." I said, " I have come to take you
"If you still refuse, when the carriage comes I home, and I will not wait." I did not use any foul
will pick up your little figure in my arms and carry language to her when in the cab, nor did I ask for
you to it." She said, " Indeed you have carried me £25,000. She said, "If you had waited a day
about enough." I said, " Well, now you may take longer you would have had a letter from a lawyer
care of yourself. You have resisted all my importu- proposing a separation." I said, " Separation again !
nities for a reconciliation, therefore I don't intend I hope this time it will be on more equitable
to give myself any more care about it." I did not terms." She said, " I don't think we shall differ
force her into a chair on that day. I was reading- when about the terms." " Nor I," I replied, " your
I made the last remark. Soon afterwards I saw her temper has become intolerable ; but as it has bp-
running down the front garden without bonnet or come a mere question of money, and you have
shawl. She went to a neighbour's, and then to £50,000, I think lam entitled to £20,000. You
Mrs. Walmisley's. I had been absent from the promised to build me a church at a cost of £6,000.
house several hours during each of the preceding I should probably have derived £6OO a-year from
four or five days. I did not know where she was that source. By y-our conduct you have rendered it
until the 25th Feb. Her absence was the cause of impossible that I can enter the pulpit again, and
great distress to me, and I was very anxious for her you have thus cut off one important source of my
return. The first letter I wrote to her I sent through income, and I think £20,000 will be a fair compen-
Mrs. Watson ; the second I did not send, but gave cation." She said, "Do you think lam fool enough
to her on her return. I went to Blackheath in con- to give you £20,000 to enable you to live with some
sequence of what Tobin told me. I went with a fly other woman ?" The next day we again discussed
to Mrs Walmisley's, and sent in a note to her. I the question of separation. I said, " To-day it shall
waited 20 minutes for an answer and then went be a question of free will on your part, and you
into the house. I went to the dining-room door and shall make the terms yourself." We were getting
saw Mr. and Mrs. Walmislev and my wife. I said, on comfortably then, and T asked her if it was
" Carrie, dear, I've come to fetch you home, and you necessary to keep Mrs. Mackenzie. She said she
must go with me." Mr. Walmislev said, " Mr. did not want her, gave her a cheque for £5, and
Marchmont, leave my house instantly." I said, "I sent her away. About the end of April the chil-
have no intention of remaining after I have taken dren went to school. We went to another sale at
away my wife." My wife came to me and I put my Shandley, and my wife paid for what was bought
arm round her waist and led her into a cab. Mr. without solicitation. 'On the 30th of April I
Walmisleysaid," Remember that I don't detain your asked her to lend or give me £lOO, and she let me
wife. Mrs. Marchmont is here of her own accord." have it. With that exception I never asked her
That was all he said till I got outside the door. I said for a sum of money larger than 16s. On the sth
to him, " You have ordered me out of your house, and May Lewis brought me a letter which my wife re-
I must now request that you never cross my quired to see. I refused, as she had refused to let
threshold." I led my wife to the cab by her right me see a letter which she had received in the morn-
arm. When I was outside Mr. Walmisley used ing. She became angry, and said, " I know it is
several very insulting expressions, to which I did from one of your w .' I afterwards gave her
not reply. I certainly did not strike my wife, and the letter unopened. It was from a lady connected
she said that I had done so. After putting her with my congregation, asking me to allow her
into the cab I said in reply to Mr. Walmisley's ob- to refer to me. I offered to let her answer it, and
servations, "No man but a villain would harbour I wrote a short note, which she dictated. On the
another man's wife for nearly a month without 15th May I asked her to lend me 14s. for half an
knowing any cause for her leaving home, and then hour. She said, " I'll see your neck stretched first.
insult her husband." I solemnly swear I did not Always money ! You are a mean-spirited fellow,
put my hand to my nose. I said to my wife as we or you would not have married me for my money."
drove off that I was surprised at her suffering that She also said I was the greatest liar she ever knew,
mean fellow to insult me. She vindicated Mr. and she would not believe me on my oath. I said,
Walmisley, and we both became very angry. She "As you treat me in this insolent way I will exer-
called me a confounded blackguard, a liar, and a cise my authority as a husband, and have it." She
d—d cut-throat. She screamed very violently. then charged me with spending my money on other
When we had gone about three miles she at- women. The bell was rung and the servants came
tempted to get out of the fly. Her anger was up. She was standing close to the window, and I
exclusively about Mr. Walmisley's conduct. In took her by the hands, placed her gently on the
the course of the ride, in my anger, I called her a sofa, and kissed her. She took out her purse and
w—. I said, " I have heard in your ab- dashed it violently on the table. I ultimately gave
sence of goings on that have almost broken her back the money. On the same day we went
my heart. I have received an anonymous out in the carriage. While r was in the money-
letter, charging you with having been found under order office she left the carriage. I looked for her
a desk with your lawyer, and since that existence and found her at the door of Stringer and Bird's,
has been intolerable to me." She exclaimed, scream- in Newgate-street. I followed her. As she backed.
ing, " Oh, my God ! my God ! Do you call me a into the shop she said, " Now, don't be in a pas-
,you liar ?" I said, " Then deny the sion." I said, "I am not in a passion—get into
cwh—
arge.' She made no answer, and I said, "At the carriage and go home." She said she would
what conclusion can I arrive then but that you are never go home again. I argued with her, and after
aw— ?" She rose and said, " I will bed--- staving there about three-quarters of an hour I
if Igo home with you," and opened the cab door. thought it necessary to explain our conduct to Mr.
I put my arm round her waist and endeavoured to Bird. She said, " You villain, you accuse me of
fasten the door. A gentleman then came up and living -with another man." I said I had made no
stopped the cab. I neither used personal violence insinuation against her, but only said, in the ordi-
to her nor threatened her with violence. At the nary sense of the words, that she had been living
station I said—" You have brought me here, now under another person's protection. We ultimately
make your charge." She called me a brute, a wretch, left the shop together. She had previously
a villain, a blackguard, and a liar. I made a state- called in a policeman and charged me with an
meat to the sergeant. She accused me of having assault, but he refused to take the charge. She
tried to strangle her. I denied .the charge. The afterwards went to her sister's. One of the chil-
ser„,o-eant looked, and said he saw no marks. I dren became ill, and I was lx.nxious about it. I then
said my hand might have got before her mouth sent to her and she returned. On the 25th and the
by accident. We went home in another cab. I 26th we slept together. Her' demeanour was cold
had offered to take her any-where she pleased and indifferent, but no actual quarrel took place.
where I could have access to her. We were On the morning of the 27th . she said she would
on perfectly good terms when we left the leave me again. I said, "Then olive me the keys."
station. I apologised to her that evening for When I alluded to her conduct durLig the two pre-
the expression I used, and told her that I vious nights she again imputed to me. that I might
had been excited by anonymous letters. Nothing have had intercourse with other womon. I said I
unpleasant happened until the 27th, when I went must learn, I supposed, to subdue my pa ssions, and
with her to Prescott's and received the balance of remarked figuratively that I must d raw a razor
the money there. It was her own proposal. I across my throat." She said, Don 't think of
wrote the paper which has been read while we were doing that." I observed that if, as Hob bes thought,
lung to see Mr. Prescott. I was going, to tear there would be a great relief in letting • out a few
" hutitswheassaici she would like to keep it. I ounces of blood, and if there was no her eafter, how
told her
any one else to see foolish—l should be ashamed for glad I should be to do it. Tobin came •sip, and she
morning I had saidsee it. At breakfast time in the repeated the charge she had before ma de. I then
asked me svhy I that one of her trustees had explained the cause of the quarrel. I offered to
her for an threatenedexpianatio her life, and I asked tell her how all my money had been spent, and
her to write and removed the imputation. She said of June we drove to see the children at their school
but I might write if s Take herself out a liar, at Blackheath. On the way she said sh .e wished to
time, "I have no doubt -wP heitlselwas away you She said at that go to her sister's. I offered her the c; irriage, but
a nice time of it with your is u had she said she would rather walk, and w e could call
was before going to Prescott'sasotYe 8.
This for her. I said I could not go there. She said if
I had occasion to ask about the character of Bth IN/larch she came back at all, then, it should be 1 ty the train.
man. She would not allow me a coach- I said, "Now I see what you mean, anc l you shall
her go. After dinner I wentotogtoh alone, so. I not go from me," and I assisted her in o the car-
let.printer's. riage. She tried to get out and scream ied. We
She wished to go with me, because she said
witdoasmsheflls,boriliaee-- I then went to the school and saw the child; ren. On
lieved I was going to see a woman from
tare 3d June I went to Homerton. Befon s going I
eeived a letter on the 14th. The letter
sag d, " I see you want to leave me. lam :ompelled
one I had never seen, and I showed it to her. to go- out, and I must leave it to year mour not
went with me to the railway to see that I was realle
she o
aso akeiviaym doduringr
emivh aa bds ehne
ec
ne ~"anWd hlts,
gnal, returned going where I stated. When I got home, about lly,
she refused to speak to me. The next morning she the p
trtoicbdia -e her all
rs. She said she had bee, 1. ts Oxford-
said that if I went raking about the streets again stree-ta
of uneul sisasb°keucluheetr.
she would leave me altogether. I said; " You can- 4th J
ve no awnwOhenthtehreshmeohrai sdints of the
not be in earnest. But when you were away before lawyer. She g en:to a
would not
I repeate d e ques-
not tell n el-
s'our trustees threatened to turn me out of the house. tion, and she saida
1 will not be subject to be turned into the streets at some altercation
.said uif After
any hour, and therefore I wish you to make me would find out. She :rangdid not i tell one I
the bell, and the s.er-
she
tenant of this house." She said, " Don't you wish wants came. I said if she did. not in form inc
you may get it ! I will see you at the first." whether she had been or not I wou old leave
said I was willing to pay the rent. She said, " I the house. She called me a gre&t, many names.
daresay you will want me to give you the cheque I was very much excited, and I sai d " You
for it. I did not threaten to knock her down, nor will drive me into an asylum, or into ; 1 grave.
did I hold my fist in her face. I said, " One fus Not that I mind dying, for what it death.
must take another house, or we must take one to- to a miserable existence like this ? I declare I would
y
gether." She said, " You may take one, but if you do rather exchange places with the poorest pa uper in
'shall not go with you; I have the pow er now, and a workhouse than be thus insulted and di fled by

LAW INTELLIGENCE.—Nov. 24.