The Sun.
London, England, 1859-12-23 00:00:00

inlE 'SUN, LONDON, FRIDAY EVENING, DECEMI3ER 23, 1859.

LAW INTELLIGENCE.-(THIS .DAY.)

VOLUNTEER CORPS.

COURT OF DIVORCE.
(Before Sir C. Creswell.)
GIBSON V. GIBSON.

Sir F. Slade addressed the Court on the part of the re-
spondent, and contended that his client's case was esta-
blished in the evidence relative to the petitioner's impro-
priety with two females of the names of Saunders and
Farley. The learned counsel was then proceeding to deal
With the case as related to Mrs. Hepworth, but
Kr. Sergeant Shea interposed, and said it was unneces-
&wry to enter into that part of the case, as he could not
rebut the evidence as to th., female Saunders.
The Judge Ordinary then delivered judgment. He said
that with regard to Mrs. Hepworth he was relieved from
the difficult task of comparing circumstantial evidence with
positive denial. He thought the case of adultery of Mr.
Gibson was most distinctly and clearly proved, and it had
been shown that ha was a man of exceedingly depraved
habits. There could be no doubt that he had been given
to abandoned practices, and staying out late at night, and
associated with immoral characters. He did net consider
such a person entitled to the restoration of conjugal rights,
or to the custody of his child. He would therefore grant
the prayer of the respondent, and pronounce the decree
of divorce. The child must remain in the respon-
dent's custody until she attained the age of 14, and he
would condemn the petitioner in the costs.

SOPICITH Y. 110PWITIt.

This was the petition of Matilda Sopwith, praying for a
judicial separation from her husband, Henry Lindsell
Sopwith, a surgeon, practising at Tonbridge Wells. An
answer had been filed, in which the respondent denied the
adultery alleged to have been committed with the person
mentioned in the petition.
From the evidence it appeared that Mrs. Sopwith was a
young lady, and the only daughter of a gentleman of for-
tune named Dean. Mr. Sopwith was a widower, and had a
grown-up daughter. The petitioner was married at the parish
church of Marylebone, in June, 1857, and after the mar-
riage they went to Hytho, and from thence to Tonbridge
Wells. Some circumstances had aroused the suspicion of
Mrs. Sopwith very shortly after her marriage, and she
began to doubt the fidelity of her husband. His conduct
towards her became much altered, as it was said he used
to stop eut late at night, not on professional duty, and act to-
wards his wife with great coldness. In May, 1858, Mrs. So-
pwith's family visited her at Tonbridge Wells, and were dis-
tressed to find that an' unhappy state of affairs existed, and
sue of them mentioned the subject to Mr. Sopwith, when he
replied that he did not love her as housed to do. Some time
after Mrs. Sopwith went to Cheltenham. After this:Mr.
Sopwith wrote to his wife at Cheltenham, stating that on
her return she was net to visit or receive visits from
her parents. She refused to accede to such a
proposal, and quitted her husband's house, and
communicated to them all that had transpired,
and they instituted an inquiry, which led to the discovery
of tke alleged improper conduct of Mr. Sopwith with a
Mary Ann Prickett.

Mr. Dean, the father, in his evidence, admitted that he
had employed the aid of ox-policemen to get up evidence
in the case.

James Burk said he bad been in the employ of Mr. Sop-
with, as groom, previous to his marriage with Miss Dean.
Before the wedding his master appeared to be very fond of
Miss Prickett. lie (witness) had seen him kiss her before
his marriage. After that she used to visit him. Sho used
to go into the registry-office in Mr. Sopwith's house and
remain with him some time. Witness had been tempted to
look through the keyhole, and ho had seen Miss Prickett
sitting on the doctor's knee, and ho seemed to bo
taking indecent liberties with her. He had also seen Miss
Prickett go into his master's house as late as half-past 11

at night. Ibe had watched outside until 12 o'clock to see if
she came out again, but she did not.

The witness was submitted to a Revere crops-examination
by Mr. Macready, on the part of Mr. Sopwith, with a view
to show that many of the circumstances he had mentioned
had boon remembered after he had been drinking with the
persons employed to got up evidence in the case.

[The case was proceeding whoa we went to prem.]

SHERIFFS' COURT.
(Beforo Mr. Kerr.)

THE EUROPEAN COMMISSION OF THE DINURE..--1 THREAT
TO SUM LORD JOHN RUSSELL.-GUNTHORPE V. WRIGHT.

This was an action to recover £5 10s., being eleven days
at 10s. per day, charged, as stated by plaintiff's counsel,
as under :

Mr. Langford, instructed by Mr. Medina, said that
plaintiff had been engaged by the agent of the commission
to go to the mouth of the Danube for two years. As soon
as the work was finished plaintiff was to be brought home,
but he was dotained at the mouth of the Danube for eleven
days, though two boats came up. Under these circum-
stances plaintiff sought to recover damages.
The contract was handed up to the Judge, who asked
how defendant could be made liable.

Mr. Langford—H• is the responsible agent to the com-
mission, and tho contract was made in London.
His Honour inquired as to how the commission was
formed.

Mr. Needham (for defendant)—Of the seven great states
of Europe.
His Honour—Who is the commissioner in England ?
Mr. Needham—Lord John Russell.
His Honour—Then you had better sus Lord John.
(Laughter.) If Lord John is the responsible commissioner
in England there will be no difficulty.
Mr. Langford suggested that Wright should be asked
who was the commissioner.

Defendant said that Major Stokes, of tho Royal Engi•
nears, was the English commissioner.
His Honour—Where is he ?
Defendant—At Galatz.

His Honour—Then you had bettor take out a suit in the
superior court and send it out.

Defendant—l am not the agent in London. I merely
witnessed the contract which was signed by plaintiff and
Mr. Visit.

His Honour (looking at the contract)—Visit is respon
sible.

Wright—l was only the witness. I act as occasional
agent to the commission when they instruct me. I have
funds when they hand me any. I have no money now.
His Honour—You see Wright has disclosed the principal.

Mr. Langford—Now place my case upon Smith's
" Mercantile Law," page 170, where it is laid down that
where an agent in England acts for a foreign principal,
although ho may disclose his principal, he is still liable.
His Honour—The agent hero is Visit.
Mr. Langford—Now I wish to ask defendant if Lord
John Russell is ono of the Commissioners ?

Defendant—He is the English Foreign Minister. The
same as M. Persigny, or—
His Honour—lt does not matter.

Mr. Needham—The States composing tho Commission
aro England, Franco, Sardinia, Russia, Turkey, Austria,
and Prussia. I only said Lord John Russell was a Com-
missioner because it was suggested to me at tho moment.

His Honour—The contract is "approved by J. Stokes,
Royal Engineers." Plaintiff must be nonsuited in this
case, with costs.

Mr. Needham—l have a good defence on the merits.
Mr. Langford—Never mind the merits. The point o
law ih quite sufficient.

POLICE INTELLIGENCE-( THIS DAY.)

MARLBOROUGH-STREET.

PUBLIOANd AND THEIR POTS.—SEDIOUS
Hannah Jones, an elderly female, was charged before Mr.
Bingham with stealing three pewter pint pots from the
louses of Mr. James Wilder Adams, the Union Tavern,
Air-street, Piccadilly ; Mr. Wm. Mardon, the Haunch of
Venison, Lower Brook-street ; and Mr. J. Feetum, the
White Hart, corner of Old Burlington-street.
Brown, 176 E, said that, at half-past six the previous
evening, he saw the prisoner proceeding along Old
Compton-street, in the direction of Seven Dials, and per-
ceiving that she had something bulky under her cloak, ha
asked her what she had got. She replied, " Nothing at all ;"
but at that moment ho heard a pot fall, and on asking her
where sho got it, she replied that she knew nothing at all
about it. He then heard a second pot drop, and at the sta-
tion the female searcher took a third pot from her pocket,
and 6s. in good money—pot-stealers frequently being
dealers in spurious coin.
Mr. Adams identified one of the pots as his property,
stating that he had lost three dozen in 14 months.

John Hill, potman to Mr. Mardon, proved the ownership
of another pot, and said two dozen had been lost in four
months.

James Hummerston, in the employ of Mr. Jonathan
Feetum identified the third pot„ and said that for the last
three weeks nine or 10 a-week had been missed.

Inspector Wobb said ho thought there wore convictions
against the prisoner, and she was remanded for a week that
they might be proved.

ASSAULT ON A PUBLICAN.—John Henry Sowden, a
tailor, was charged with assaulting Mr. William Dyer, of
the Green Man. 101, New Bond-street.
The defendant had been in the house annoying the cue •
tomers, and on being pit out by Mr. Dyer, became very
troublesome, and while Mr. Dyer was going for a constable
he followed him, and struck him a severe blow on the back.
Fined 7s.

SGALLANT LIFEBOAT SERVICES.—LYTHAM, Wed-
nesday Evening.—During the violence of the storm at day-
break this morning, a vessel was seen from herein a most
critical situation on the Horse Bank. The lifeboat on
In-
stitution, . s plan,
stationedbe l
atLytham,
on i t t Royalwa
aa tNationallaunched,Li Lifeboat
and
d-
proceeded off to her assistance. Having arrived within a
short distance of the vessel, the crew were perceived making
an attempt to save their lives in their own boat. Fortu-
nately, the lifeboat came up to them just in time to rescue
them from drowning, as their own boat was swamped, and
the next wave would inevitably have capsized her. The
crew, consisting of seven persons, wore landed here without
la
delay in a very exhausted condition; one of them, a coloured
man, was some time under medical treatment ere he was
pronounced out of danger. The vessel is the brigantine
Hannah Jane, of London, Captain Ketto, master, bound
vessel's
from
s el
Liverpool
leftvcerro pwo Liverpoolo
that
at
t o Vthai 81
oe
valuablen n t
Fridayi a, Spa
lifeboat
bt
. oadtenha with gas-pipes,
having Thiss
the last fortnight. We learn by telegraphisstahvtae7 late on
Wednesday night the lifeboat succeeded in bringing the
ship into a port of safety.

LONDON.
Last evening a numerous and enthusiastic meet-
ing of the enrolled members of the London Rifle
Brigade was held on parade at Guildhall. The
meeting had, with the concurrence of the lieute-
nant-colonel elect, been convened by Captain Rose,
as senior officer, in compliance with a requisition
" to take into consideration the most effectual and
proper means of obtaining for the brigade the
honour of having as its colonel his Royal Highness
the Duke of Cambridge, K.G., &c., Commander-in-
Chief."

Captain ROSE took the chair, and having briefly
opened the proceedings, called upon
Mr. HOPKINSON, who upon presenting hibiself
was loudly cheered. He remarked that he con-
sidered those present had a right to raise the ques-
tion as to who was the proper person to be colonel
of one of the most important corps yet raised, and
the fact that an address had already been signed by
800 members clearly showed upon whom
their eyes were fixed. (Hear, hear.) He
hoped they would be able to secure the services
of such a distinguished soldier. (Hear, hear.)
He begged to move—" That it is the earnest
wish of the London Rifle Brigade that its colonolcy
should be held by his Royal Highness the Duke of
Cambridge, and that the address to his Royal High-
ness, now lying in the orderly-room, already
signed by an immense majority of the members,
shall (after a short delay for the convenience of
those members who have not yet had an opportunity
of signing) be presented in the manner most
likely to gratify his Royal Highness and to
obtain for the brigade the honour it desires."
Mr. A. DODD, in seconding the resolution, ex-
pressed his belief that a a more fitting selection
than the Duke of Cambridge could not have been
made, and he only hoped the brigade would suc-
ceed in obtaining the services of such an illustrious
perscinage. (Hear, hear.)
The resolution was then put and carried unani-
mously.
Mr. H. E. VARDON, in a very effective speech,
moved the second resolution, as follows :—" That
the council of the brigade be immediately requested
to nominate for Colonel his Royal Highness
George William, Duke of Cambridge, 8.G., &c.,
General Commanding in Chief ; that the Right
Hon. the Lord Mayor be requested to convene a
Court of Lieutenancy to consider that nomination
at the earliest possible opportunity, and that her
Majesty's commissioners of lieutenancy be respect-
fully asked to permit the brigade to present its
own address to his Royal Highness."
Mr. S. J. CROSS seconded the motion, which was
also adopted.