The Sun.
London, England, 1859-12-03 00:00:00

COURT OF DIVORCE.

(Before Sir C. Cresswcll, Mr. Baron Watson, Mr. Justice
Hill, and a Special Jury.)
ALLEN V. ALLEN AND D'ARCY.

In this case a suit was instituted by Mr. Allen against
his wife for a divorce, by reason of her adultery with the
co-respondent. Mrs. Allen had put in an answer contain-
ing a denial of the charge, and a recriminating plea that
her husband had also committed adultery. She also charged
him with cruelty, and alleged that the adultery on her part,
if any, had been ccnnived at and condoned by the petitioner.
Mr. Edwin James, Q.C., Dr. Deane, Q.C., Dr. Wambey,
Mr. T. Clark, Mr. M. Chambers, Q.C., Mr. Hawkins, Q.C.,
and Dr. Spinks appeared for the parties before the Court.

The co-respondent,. Mr. D'Arcy, had not put in any

answer.

The parties were married about seven years ago, Mr.
Allen being a trunk-maker and military outfitter in the
Strand, and there were three children, the result of the
marriage.

Dr. Deane, Q.C., opened the case for the petitioner, and
said the first question the jury would have to consider would
be whether the respondent had committed adultery with
some person unknown, on the 31st of August, 1858, at the
Gloucester Hotel, Piccadilly. He should be in a condition
to prove that Mr. and Mrs. Allen in August, 1858, were re-
siding for some time at Brighton, and that Mrs. Allen, on
the 31st of that month came up to town, and dined with a
man at the Gloucester Hotel ; that the parties stayed there
until half-past nine o'clock, when they went away together
in a cab, saying they were going to the Brighton station,
and that at half-past ten they returned, and slept at the
hotel, being seen by ono witness in the same bedroom, the
man in bed, and the lady having come to the door to take
in some soda water. In consequence of the unex-
pected absence of Mrs. Allen from • Brighton, her
husband caused inquiries to be made, and employed
a person named Lewis, who, on the 3d or 4th of
September, succeeded in tracing her to the hotel in 'eves-
tion. Having obtained that information, the waiter went
down to Brighton, and identified Mrs. Allen, and certain
disclosures having taken place ott the 6th, the petitioner
left his wife, and had never lived with her since.

William Cook, the waiter at the Gloucester Hotel, re-
membered a lady and gentleman coming to the house, on
the 31st of August. They inquiredfor a sitting-room, and
dined there. They then left, telling the cabman to drive
to the London-bridge station, but returned about half-past
ten, and asked if they eould have a bed. They engaged a
bed-room' and sitting-room, and he afterwards served them
with a bottle of champagne. He had since seen the lady at
Brighton, but not the gentleman, and she had been pointed
out to him as Mrs. Allen.

Cross-examined —When the parties returned to the hotel
they said they had been too late for the train. Lewis had
spoken to him about the matter ; and there was another
gentleman with Lewis, whom he had afterwards seen at
Brighton. He could not say whether it was Boxell.
Tho chambermaid at the hotel gave corroboration of the
evidence, but stated further that sho showed the lady into
the bedroom, and the gentleman into the sitting-room. She
took up some brandy and soda-water in the morning, and
saw the gentleman lying on the bed with his clothes on.
The witness then corrected herself, and said that was a
mistake, the gentleman was in the bed, and undressed. She
had seen Mrs. Allen on a subsequent occasion, when that
lady said the matter would be brought before the Court,
and if witness stated the gentleman was in the bed she (the
respondent) would be a ruined woman,and at the same time
she contended the person was outside the bed, with his
trousers on. On cross-examination she said she certainly
dropped the words that he was dressed, but she did not
wish to state what was false, and therefore corrected the
statement. No other person slept on the same floor of the
hotel on the night in question ; in fact, the brokers were in.
(A laugh.) The hotel had since been pulled down.
Some additional testimony having been gone through, the
case of Mr. Allen was closed.

Mr. M. Chambers addressed the jury on behalf of the
respondent, Mrs. Allen, and proceeded to draw attention to
the peculiar features developed in the course of the trial.
He said the respondent had been a faithful and devoted wife
for some years, the mother of three children, and now she
was charged with an offence of the gravest character, which
he would prove by several witnesses was perfectly unfounded.
The learned gentleman said the grand object sought to be ob-
tabled by the petitioner was the release from a wife of whom
he had grown tired ; and in order to do so he was not de-
terred by any considerations for his unfortunate wife. As
a means of obtaining his ends ho had accused the unfortu-
nate lady with adultery, which, it was alleged, was
committed at the Gloucester Hotel, Piccadilly, on the 31st
if August, 1858, with a person who went by the name
of d'Arcy. To that accusation the lady answered
that she had not committed the offence imputed to her ;
that her husband connived at her misconduct, that he had
condoned it, and that he had been guilty of cruelty and
adultery. He denied all the charges against him except that
of adultery, to which he had pleaded condonation. Mrs.
Allen said, in support of the alleged connivance, that Mr.
Allen had placed her in a situation of peril, and for all that
had followed he was mainly and entirely responsible. The
learned gentleman then at great length proceeded to dis-
sect the evidence adduced on behalf of the petitioner, and
said ho felt certain he should be able to convince the jury
that the petition ought to be dismissed.
The case is not at all likely to be concluded to-day, as
there aro about 26 witnesses to be examined on the part of
Mrs. Allen.

POLICE INTELLIGENCE-(TBIS DAY.)

BOW-STREET.
DESTITUTION.—A young woman named Sarah Ann
Slater was placed at tho bar this morning charged with
begging.

An officer of the Mendecity Society said—This morning
I saw the prisoner sitting on the steps before St. Martin's
Church with a paper pinned on her breast, on which was
written the following words :—" Your charity to Mrs. —'s
maid—[here follows the address of the lady].—Can you
give as. 6d. towards clothing, food, and lodging to a poor
servant out of place.—Sarah Ann Slater." I saw two or
three persons go up to her and give her money. I went up
and told her I was surprised to see a person so respectably
dressed begging. I said she must go away. She refused,
and finding persuasion useless, I attempted to bring her to
the station-house ; but she resisted so violently, that I
was compelled to get the assistance of a police-constable be-
fore I could do so. Besides the respectable clothing she had
on, she had a cloth cloak over her arm and an umbrella.
On searching her another paper similar to the above was
found in her pocket.

Mr. Henri—What have you to say to the charge of
begging ?

Slater—l am a servant out of place, and in want of food,
clothing, and shelter. I had no other means in the world
of getting it except from the charity of the passers by. I
have ham about two years in London, but for the last four
months I have had nothing to do. I have during part of
the time I have been here maintained myself by working
at millinery and cloakmaking, but it is now the slack time,
and I can obtain nothing to do. I have applied to and been
relieved by the Rev. Mr. Dale, and I have also applied to
various other persons in the parish, but could obtain no
z elief.

Mr. Henry—Where do you live ?
Slater—At 9, Sidmouth-place, Gray's-inn-road, but lam
in arrears for rent, and have been refused shelter until I
can pay for it.

Mr. Henry—l don't think she appears to be a profes-
sional beggar.

Officer—l don't know her, your worship. I asked her if
she had applied to the parish for relief, and she told me she

had done so to several gentlemen, but I said that was not
the proper way to obtain relief.

Mr. Henry—You say you are a servant out of place ;
have you a character ?

Slater—Yes, sir; but it is locked up in my box along
with my clothing at a lodging I had in Liverpool-street. I
have also several very good recommendations there also. I
have, in consequence of an injury I received to my ancle,
been to an extent precluded from seeking. for a situation, as
it frequently becomes so swollen as to prevent me walking.
Mr. Henry—There are several institutions where you could
have obtained shelter if you had applied. Have you been
to the institution in Soho ?
Slater—No, Sir.

Mr. Henry—lf you feel disposed to go there you will
be received and means taken to get you a situation, which
will not be much difficulty, as you appear to be a person
possessed of intelligence. At all events you must not beg
in the streets.

Slater—l know it, but what am Ito do ? I have no other
means of getting anything to eat. if I had a situation
offered to me, I have no clothes to take with me. I could
not go in my present distressed state. I will go to the in-
stitution you have named, sir.

Mr. Henry—Very well. I will send a message by the
officer, which I think will secure your admission, where
means will be taken to get you a situation.
The poor woman thanked the worthy magistrate and left
the court in company with the officer.