The Sun.
London, England, 1867-03-13 00:00:00

107 1010

LAW INTELLIGENCE---This Day.

COURT OF DIVORCE.

(Before the Right Hon. Sir J. P. Wilde and a Specia

Jury.)
WHITE V. WHITE AND FIELD.

This was a suit instituted to obtain a dissolution of
marriage on the ground of the wife's adultery with the
co-respondent.
Dr. Spinks, Q.C., and Mr. Searle appeared for the peti-
tioner; Sir Robert Collier, Q.C., and Dr. Tristram for the
respondent; and Mr. Sergeant Tindal Atkinson and Dr.
Wambey for the co-respondent.
The parties in this case were married at Madras
in 1837, and lived for some time together. They
then returned to England and became acquainted
with the co-respondent and his family. The wife
was then left in England, the petitioner, a major-
general, being obliged to return to his military duties in
India. She rejoined him there in 1850, and lived a year
or two with hint there, but then returned to England,
where it was alleged that at Cleveland-gardens and at
Rifle-terrace, Bayswater, she committed adultery with the
co-respondent. General White returned to England in
1861, and soon after this suit was instituted.

Mary Gilbert said she was the wife of a sergeant in the
Coldstream Guards. She entered the respondent's service in
May, 1854, and remained there till 1855. This was at Rifle-
terrace, Bayswater. There were other ladies in the house
beside Mrs. White. She knew Dr. Field. He came frequently
to see Mrs. White, generally in the morning between 9 and
10 o'clock. Respondent was not often up then. Dr. Field
went to her bedroom, and remained there a long time.
When he went into Mrs. White's bedroom she was some-
times dressing and sometimes in bed. They used to go
out together. She had seen Mrs. White with only a pet-
ticoat and body on while Mr. Field was there. On one
occasion witness was rubbing Mrs. White's shoulders when
a knock was heard at the door, and Mrs. White said—
" Whose's there?" The answer was " Octavius." Mrs. White
said, " Come in Octavius if it is only you." He came in
while Mrs. White's person was exposed to the waist.
Witness left the room, and the co-respondent remained an
hour and a half. The butcher called after that, and wit-
ness went up for orders, and was going in when she found
the door locked, and Mrs. White gave her the orders
through the door. She -and the co-respondent afterwards
came down stairs together. He used to come sometimes
of an evening, and Mrs. White used to tell her to go to
bed.

Cross-examined—Mr. White took down her evidence in
writing. Mrs. White had nothing the matter with her
except the rheumatism in her shoulder. She used io lay
in bed all day sometimes. All the time she was there
there were ladies in the house. There was something
said about a silver spoon not being found. There was
nothing said about a brooch and diamond ring being
found in her room. Mr. Field used to visit Mrs. White
at all times in the day. She had mentioned these things
to her fellow-servants.

Eliza Green stated that she was in the service of the
respondent about 14 months, in 1855 and 185 G. This
witness simply gave corroborative testimony.

Several other servants giving similar evidence were
examined, and the petitioner's case concluded.
[The case was proceeding when we went to press.]

SHOREDITCH COUNTY COURT.
(Before Mr. Dasont.)
THE TRAPEZE PERFORMERS.-BROTHERS EUGENE T. POWELL

AND OTHEIIS.

' This was an action to recover one week's salary for per-
forming on the trapeze, and damages for the detention of
the trapeze and its fittings.
Mr. G. 0. Nash appeared for the plaintiff, who is one of
the brothers Eugene ; Mr. Clark representing defendants,
who are circus proprietors, lately at the Standard.
The plaintiff, aged 18 years, was a youth who had for
some time past been known to the public as a trapeze per-
former under the style of the Brother Eugene, although
that was not his proper name. He had performed for the
defendants at their circus in different parts of the country,
and one night at the Standard. He performed with
another lad younger than himself, who was also called a
brother Eugene. The brothers had 50s. per week, of which
plaintiff kept 30s, and paid his younger professional brother
205., but then he had taught the young one, brought him
out, and used to buy him his "spangles." Plaintiff left
defendant to fulfil another engagement, and they refused
to pay him his last week.
Plaintiff's mother and father, who were very respectable
people, were in court, and the mother said it was entirely
against her wish that her son—her only son—carried on
this life.

His Honour—How long have you been a performer,
Eugene?
Plaintiff—Since I was 10 years old.
His Honour What was the commencement ?

Plaintiff—When I was very young I set up a pole in
the garden and practised upon it.
His Honour—And then you came out ?
Plaintiff Yes.
His Honour—Don't you think you had better bo at hard
work ?

Plaintiff (smiling)—This is hard work, but I like it.
His Honour —lt is very dangerous. You will be an old
man before you are 80, and you will perhaps meet with
an accident, and then what will become of you?
Plaintiff made no reply.

Fur the defence it was urged that the plaintiff had not
served the full term of his agreement, and that the other
brother was a partner in the trapeze and fittings.
The younger performer, who was still with the defen-
dants, was then called, and he said that he and the plaintiff
were called the "Brothers Eugene ;" but the little fellow
added confidentially to the judge, "You know we are not
really brothers, but it is customary in our profession to have
these names." The witness had a share in the trapeze, but
not in the pole or fittings.
His Honour— And pray how did you become a performer,?
Witness—l have been a performer about three years,
and I began by putting up a pole in the garden ?
His Honour—And I suppose you like it too?
Witness Oh, yes. lam very fond of it. (Laughter.)
William (the plaintiff) taught me, and brought me out.
Plaintiff then informed the Court that the detention of
the pole was somewhat serious, as he could perform more
easily on his old pole, to which he was accustomed, than
on a new one.

His Honour thought that was only reasonable. He ruled
that, as plaintiff had performed for the week, he was en-
titled to be paid for it; and if he broke his engagement,
defendants could sue him for damages. The verdict would
be for the plaintiff for the salary and the damages, less the
value of the trapeze, unloss the pole and other things were
given up within a week.
Verdict for the plaintiff with costs.

POLICE INTELLIGEACE.—This Day.

MARLBOROUGH-STREET.

►SINGULAR CONDUCT OF AN UNDERTAKER.—A respect-
able-looking female waited upon Mr. Tyrwhitt, this
morning, to ask his advice under the following circum-

stances.

The applicant, who seemed much affected, stated that
she had employed an undertaker at the West and to bury
the body of her deceased father, giving him instructions,
in accordance with the wish of her father, that the body
should be interred in the same cemetery, at the East end
of London as that in which the bodies of her
mother and other relatives had been interred. Instead
of doing this the undertaker had buried the body in a
different cemetery, although in the same part of the me-
tropolis, charging more than usual.
Mr. Tyrwhitt said it was too bad ; it was an outrage on
the feelings of the relatives. He should advise the ap-
plicant to resist the undertaker's claim, and if he sued her
before the County Court judge she could then set up as
her defence what she had stated to him.

The applicant thanked the magistrate and retired.

THAMES.

►SCANDALOUS ASSAULT AND IMPOSITION.—Patrick Dris-
coll, a stout, tall, able-bodied Irish Cockney, about 22 years
of age, was brought before Mr. Paget charged with being
drunk, disorderly, and assaulting Mr. George Fowler,
assistant to the relieving officers of the Poplar Union.
In consequ6nce of the exceptional distress which pre-
vails at the east end of London, and the great number of
applicants for relief, additional assistance has been given
to the relieving officers of the Poplar Union. The com-
plainant is one of the assistants. He is a young man of very
quiet and peaceable demeanour. The prisoner applied to
him for out-door relief yesterday afternoon, at the work-
house, and said he was out of work and starving. He was
requested to go into the Town-hall in the middle of the
building, which is used as a waiting room, and his name
would be called at the proper time. The prisoner bee Lino
very noisy and abusive, and he told the porter to remove
him. The prisoner then attacked the porter, and said he
would smash him. Ile went to the assistance of the por-
ter, and was struck by him. He sent for the police and
gave the prisoner into custody.
Police-constable 6G5 A said the prisoner was very drunk
and made use of very bad language. He found 2s. in the
prisoner's boot, and did not believe he was in distress at
all.
The Prisoner—There is a hole in my pocket, and the
money fell down the leg of my trousers and got into my
boot.
Mr. Paget—Quite absurd. I don't believe a word of it.
The Prisoner— I am very sorry for what I have done.
Mr. Paget—What do you mean by going to the work-
house in astate of intoxication, and with money in your
pocket, and asking for relief ?
Prisoner—Yes, I did.
Mr. Paget said the present was a time of unexampled
difficulty and distress, and the guardians of the poor very
wisely made an effort to meet it by giving the relieving
officers additional aid. The prisoner was a rude black-
guard, not in distress at all, could afford to get drunk, and
had 2s. in his pocket. He sentenced the prisoner to be
imprisoned for two months and kept to hard labour for
the assault on Fowler.

M. Daiglemont is to succeed M. Dupontavisse in
tl4o directiou of tho Moto Domaarclaiti,