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

LA lV LVTELLIGENEE.—Nov.-24.-

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

MARCHMONT V. MARCHMONT.

Mr. Serge-ant Pigott, Dr. Deane, Q.C.,
Spinks, Mr. Tindal Atkinson, were counsel for the
petitioner, Mrs. Marchmont, who prays for a judicial
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 examination of the respondent, Mr. March-
mont, was resumed by Mr. K. Macaulay, in the
absence of Dr. Phillimore.

Mr. Marchmont said—On the morning of the
22d of Jan. I went into the kitchen to ask Mrs.
Marchmont to come to breakfast, and as she re-
fused I took it down to her. She came up to din--
ner, 'because I told her I would not partake of it
unless she joined me and the children. She slept.
with me that night, for I had threatened to leave
the house unless she did I feigned to leave the
house. I treated her with all the kindness and
affection possible. On the 23d she said, " I sup-
pose after all this you would like to see the Queen at
the Opera ?-" Isr id, " I would not give a penny
to see the Queen."' She went to town, and bought
12 guineas wortk of tickets. I asked if they were
given as a pea ie offering, and said, " What a pity
it is that it should be necessary to make peace."
She said, 'S Then why don't you let me have my
own way and humour me ?" 1 brought home a dog
on the evening of the 28th. She said angrily,
" What igreat beast have you got there ?" I said,
"my .;:tear, you know the shape of the animal. I call.
it a doe I told her it was bought to replace poor
Nep, and was to be kept in the stable. She said,.
".Well, take it round to the stable at once." I said
I had walked a great distance, and was too tired,
but would send it round in the mornings She was
under the influence of wine, and spoke in the most
irritating manner. She took hold of its collar to
turn it out, saying she had dogs
.enough already; she
had already four of them to maintain. The children
and the housemaid were present. I said, "I will
not eat another meal at your eXpense as you have
called me a dog." The dog remained in the house
-that night. . I slept on the sofa. The next day I
refused to eat in the house and again slept on the
sofa, On the third day, which was a Sunday; I
only took a little bread and water at her. table.
On the Monday I attempted a reconciliation. She
Laid she had been to her lawyer and intended to
:have a separation. I had not spoken an angry
word about a dog, but the alienation between us
arose entirely out of that transaction. I deny that
I offered any threat of personal violence. On the
Monday I joined her and the children at breakfast,
and. asked her to make it up, and attempted to kiss
her. She pushed me away and said, "Go and kiss
those you have spent the last three or four days
with." I said " I prefer kissing you." She said
" You need not think to get over me with your in-
fernal flummery, ..I will see your neck stretched
first" There was not the slightest foundation for
the suspicion that I had spent that time with im-
proper women. This was on the Ist of February.
1 took the dog to her, and with a good-humoured re-
mark put his paws on her shoulder and kissed her.
She said "Poor thing, he loves me better than his
:master. I would rather kiss him than you." I again
entreatedherto come upstairs out of the kitchen,but
she refused. There was no quarrel. I did not
say "I would not mind swinging for you," or any
-words to that effect, when she called me and the
children dogs. I did say, " Caroline, you want a
blackguard to talk to you ; a man who would as I
heard a costermonger say to his wife to day, ' I
don't mind swinging for you." On the Ist of Feb.
I asked her to go out in the carriage. She said, " I
will never ride with you again." I said, smiling,
" If you still refuse, when the carriage comes I