The Sun.
London, England, 1858-11-25 00:00:00

THE ARMY.

The Lincluden Castle, 960 tons, Commander D.
Maclellan, has been taken up by the Hon. Council
of India to convey 320 of the East India troops to
Bombay, the troops to embark at, Gravesend on
Saturday next. The Eveline has embarked 300 of
the East.lndia troops for Calcutta.
The baggage of the 2d battalion of the 15th Foot
was shipped on board her Majesty's steam troop
ship Urgent, Commander ,M,Donald,
side of the Portsmouth Dockyard yesterday after-
noon, and the- troops will embark this day.
An extraordinary instance of self-mutilation by
a soldier, with the view of disqualifying himself
for further military service, has just occurred at
Chatham garrison, a private of the depot of the
81st Regiment, named George Drower, having
deliberately shot off his right leg with a ball from
his rifled musket, in order thereby to obtain his
discharge from the regiment. The occurrence took
place in one of the barrack rooms of St. Mary's
Barracks, where the 81st depot is stationed. The
man, who-is of a moody, sullen disposition, was
seen to load his musket, after which he deliberately
pointed it at his leg and fired, the ball shattering
the limb below the knee. He was at once conveyed
to the garrison hospital, where the remaining por-
tion of the leg was immediately amputated by Dr.
Maclean, the principal medical officer. Since the
occurrence Drower is very anxious for it to be un-
derstood that he committed the act under religious
excitement, and his conversation with the autho-
rities of the hospital would lead to the supposition
that he is labouring under a monomania on the
subject of religion ; but, from what is known of
him during the short time he has been in the
service, there is little doubt that he wilfully 'muti-
lated himself to obtain his discharge. As soon
as he is able to leave the hospital he will be brought
to trial before a court martial, the Mutiny Act mak-
ing it a serious crime for any soldier to maim him-
self. This is not the first instance at Chatham of
a soldier deliberately mutilating himself to be dis-
qualified for military service, a man having blown
off one of his hands, and another chopping off a fin-
ger. In both those cases the offenders were tried
and sentenced to long periods of imprisonment.
Yesterday a
_district court-martial assembled at
Chatham Barracks; under the presidency of Lieut.-
Colonel A. P. G. Ross, Royal Engineers, for;the
trial of Sergeant Carey, of the 29th Regiment, on
charge of having been found in a state of intoxica-
tion when on guard. The prisoner has been up-
wards of 20 years in the service, and has hitherto
borne a very excellent character. The finding of
the court will ittst be known until it has been con-
firmed by the Commander-in,Chief.
In spite of the numerous failures which marked
the early proffress of the newly established iron gun
foundry in Woolwich Arsenal many of the guns
which have latterly been turned out appear to pos-
sess every desirable quality for service. Some of
these guns, however, are ordered to be subjected to
the ordeal of being fired with increased charges of
powder and shot until they burst, in order to carry
out the " standard" character of that establishment.
The Secretary for War, at the suggestion of the
local authorities, has ordered the formation of a
bomb-proof compartment within the huge mound
of earth recently erected as the proof-butt
for carrying out the project without the risk of ac-
cident. A number of guns, cast experimentally of
inferior metal, will likewise be tested in the proof
cave. Similar experiments were resorted to by the
late Colonel Dundas, for testing the Lowmoor guns,
some of which withstood upwards of 1,000 charges
without evincint; any marks of damage.
A handsome silver cup, manufactured in London,
was yesterday received at the office of -Captain Con-
nell's X battery, Ist battalion Royal Artillery,
Woolwich, for transmission to Baroda, in the Pre-
sidency of Bombay, to be presented as a testimonial
from the officers, non-commissioned officers, and
men of the battery, to Colour-Sergeant B. Lanag-
han, upon his removal from the battery on promo-
tion as Sergeant-Major, after an honourable and
lengthened term of 22 years' service, the greater
portion* of which was passed in foreign and active
duty in. Spain, America, the Crimea, and the East
Indies, and nearly the whole. term. as a non-com-
missioned officer. The testimonial is intended to
mark the approbation of his officers and comrades
for the efficient and soldierlike manner in which he
has performed the many duties of a lengthened and
chequered service. • The cup bears the following
inseriptiOn :—" Presented to Colour-Sergeant B.
Lanaghan by the officers,non-commissioned officers,
and men of their battery, Royal Artillery, as a
mark of esteem and respect as a man, and for his
qualities as a . soldier,"

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LAW INTELLIGENCE.—Nov. 24.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary and a Common Jury.)
MARCHMONT V. MARCHMONT.

Mr. Sergeant Pigott, Dr. Deane, Q.C., Dr.
Spinks, Mr. Tindal Atkinson, were counsel for the
petitioner, Mrs. Marehmont, who prays for ajudicial
separation on the ground of cruelty ; Mr. K. Ma-
caulay, Q.C., Dr. Phillimore, Q.C., and Dr. Swabey
for the respondents, Mr. Marchmont, who pleads a
denial of the allegations of cruelty, and also con-
donation.
The case was resumed by the examination of
additional witnesses in support of the petition.
Wm. Nisbet, a policeman, stated that on the
evening of the 25th Feb. he heard violent screams
from a cab near Blackheath. The cab was being
driven at the rate of 12 miles an hour. The screams
continued all the time it was in sight.
John Bond, who was on duty at the Peckham
police-station on the -25th Feb.' said that about a
quarter before 8 in the evening he heard a female
scream, and a constable came in with Mr. and Mrs.
Marchmont.. She appeared agitated and he was
calm. The constable said the ca had been stopped
by a gentleman. Mrs. Marchmont said that Mr.
Marchmont had attempted to strangle her. Mr.'
Marchmont said, " Oh, no, Carrie dear, no such
thing." Witness advised them to make it up.and
go away. Mr. Marchmont said that if he had said-
anything hurtful to. her feelings he regretted- it,
and he hoped she would allow what had passed to
be buried in oblivion. Mr. Marchmont said she had
a home to go to, and she might go to any friend
she liked. She remained for a long time, and at last
said she would go to her sister. He said she should
not go there, but might go to any other place.
Ultimately she went home with him.
Cross-examined—He was not present all the time
they were in the station. There were some conver-
sation about household matters, and he complained
that she eat fresh butter herself, and only allowed
him salt butter. (Laughter.) She called him a
" wretch," Witness tried to see if there was any
mark of strangling about her, but 'found none.
Mr. Marchmont said that if his hand had got be-
fore. her mouth it was by accident in preventing
her from leaving the cab. She said, " YOU wretch,
you married me for my money." He said, " No,
Carrie, dear, you know better. You know I broke
np my home and gave up my living for you, and
if it was not for your friends -I believe we should
be very comfortable." She did not ask me to:assist
her to go elsewhere than with her husband. ..
Re-examined--Witness thought it was only a
dispute such as often occurs between man andwife,
and that it would soon be over;
James Streek, a house painter, said that on June
4th he was 'at work in Percy-place, and heard
screams in a garden. He saw a lady struggling with
a maid servant. The lady was running, and he
,
jumped.over a fence and stopped her between No.
10 and No. 11. A gentleman took her from him.
She appearedtrembling and frightened. The gentle-.
man, Mr. Marchmont, took her into the house.
Mr. Mitchell, a medical man, of Percy place, said
that on June Bth he was called in to see Mrs. March-
mont. He was not acquainted with them before.
Mrs. Marchmont was in a very serious state of
health. Her mind was very depressed, her pulse
was feeble, and she complained of headache. He
continued to attendher. On June 10th he was called
in and found her fainting on the sofa. Mr. March-
mont's manner was excited but not angry, quite the
contrary. He entreated his wife not to resort to the
police court. She said he had treated her unkindly,
and she was compelled to resort to it. Mrs. March-
mount went from the court to witness's house with
the approval of Mr. Marchmont. .
Cross-examined—Nothing was said about her
only remaining with him until the following day.
He prescribed beef tea and a little wine when he
was first called in. He did not advise her to get up,
take a lamb chop, and trust in the the Lord.
(Laughter.)
Re-examined—She was in a state of inanition.
Dr. Cahill said he had known Mr. Marchmont
since 1844. He attended Mr. Locket and his wife.
He never saw any indication that Mrs. Locket took
too much stimulant. He had found it necdssary to
recommend her to take more stimulant. He saw
her frequently during Mr. Locket's illness, which'
was a long one.
Cross-examined—Mr. Locket was a very good
patient.
This was the close of the petitioner's case.
Mr. K. Macaulay then addressed the jury for the
respondent. He was, he said, anxious to lay be-
fore them what, as he was instructed, was a com-
plete answer to his suit. The cause was one of
great social and moral importance, and a jury had,
almost for the first time, to arrive at a conclusion,
under great disadvantages, with regard to the con-
-duct of a husband and a wife during many months
of married life:: -In order to make- out a case of
cruelty it must be proved by the person seeking a
judicial separation that the cohabitation of the two
parties was personally unsafe, by means of bodily
injury and menaces of bodily injury unprovoked
by anything done by the respondent. The law did
not allow persons to separate because they lived un-
comfortably together, or because a jury might think
that a wife was, on the whole, entitled to a sepa-
ration. Upon the evidence as it now stood, he
submitted no bodily violence whatever had been
offered to this lady by the respondent, and there
was not the slightest pretence for the allegation
that money that had been extorted from her by
violence and threats. Money had been advanced
by her to enable Mr. Marchmont's father to take
the lease of a farm, but for that she might have his
note whenever she pleased. The £350 was the
money with which the wine . was bought. After
the marriage she presented him with £lOO without
the slightest solicitation. Subsequently she lent
him £7O to make up a payment. The next money
matter was in February. After a violent- quarrel
she gave him, without even being asked for it, the
£220 at Prescott's, and this not being included in
her settlement was, according to law, his own pro-
perty. What extortion was there in any of these
instances ? At another time purchases were made
at a sale which amounted to £92. He'went to pay
the auctioneer, and found that she had already paid
that sum without his knowledge. There was ano-
ther sale, and he paid for the purchases, and she re-
imbursed him in the following week. In May he
certainly asked her for £lOO, and told her he
should not want any more until November.
That was the only sum she ever gave in conse-
quence of his previous request. There was another
cheque for £l5, which was given by her to pay
for the removal of wine to her house. These almost
`incredible charges of extortion, therefore, disap-
peared from the case. He would now ask them to
consider the condition of the parties at the time
of their marriage. Mr. Marchmont's chapel
brought him in £3OO a-year, and of course he had
to give it up. She affected, however. not to know
that he derived an income from that source.
After her return from Blackheath she renewed her
proposition for a separation, to which he again
objected. Then they took a trip to Belgium. . She
gave him the exact sums for each of the hourly
disbursements, and minutely examined the change
as it was given her. Then, as their return, there
was the purchase of the boa when he was ordered
out of the shop. He was not looked upon by the
tradespeoplewho noticed her conduct as her hus-
band, but as some " humble dependent who could
not call his soul his own.. They then returned to
Percy-place. There was no suggestion of any vio-
lence up to that time, and yet she said she was
obliged to have a child in the bedroom with her
to protect her life. The next incident was the
quarrel of the 21st of Jan., which originated, ac
cording to her own admission, in her aggravating
refusal to allow him a candle. She was making
memoranda in the book of the quarrel, when he
took the book and threw it into the fire. Surely
that was not cruelty. Then she snatched the book
out of the fire and struck him. She went scream-
ing down stairs, and the servants naturally tried
to prevent her from leaving the house. Expressions
which fell from a man under such strong provoca-
tion ought not to prejudice their minds against
him. On the 28th of Jan. the Newfoundland puppy
was brought home, and she received him in a most
exasperating manner. There were instances of gross
conjugal misconduct on the part of the lady, who,
nevertheless, represented that she trembled before
her husband. She,went away on the Ist of Feb.,
notwithstanding his attempts at reconciliation.
She stayed with Mr. Walmisley until the 25th,
when he discovered where she was and went to
fetch her. He,sent in .a kind note asking her to re-
turn, and entered the house of Mr. Walmisley: If
Mr. Walmisley had had any idea that Mrs. March-
mont was in danger of bodily -ill-treatment from
her husband, would he have suffered him to take
her away without moving a finger in her defence P
Mr. Marchmont, put -his_ arm• round his wife and
put her into the fly. If any blows had been struck,
as Mr. Walmisley represented, would he not have
interfered ? His statement showed to what an ex-
tent witnesses in eases of this sort allowed their
imagination to overcome their memory. When she
arrived at the Peckham police station she said
nothing about having been struck. On the road
he used violent and improper language, and she
thought, as she said,. that he was beside himself.
There was much reason to believe that after what
had occurred he was almost beside himself with
excitement. He was, of course, overwhelmed with
shame and remorse for having used those expres-
sions, but they would make allowance for the un-
controllable passion'of an overwrought mind. After
going to the station they returned home and were
good friends. - She then conceived a jealousy, and
became impressed with'an unfounded belief that he