The Sun.
London, England, 1861-06-21 00:00:00

LATV INTE.

HOUSE OF LORDS.

2hts Day).

(Peers Present—Tho Lord Chancellor, Lord Brougham i
Lord Cranworth, Lord Wensleydale, Lord Chelmsford,
and other Peers.

APPEAL.-THE MAGISTRATES AND TOWN 00I7NOIL OP

DUNDEE V. THE PRESBYTERY OP DUNDEE.
The further hearing of this appeal was resumed thie
morning.
This was an appeal from a decision of the Second Divi+
sion of the Court of Session, in favour of the Presbytery of
Dundee, involving the question whether certain charitable
hospital funds ought to be applied for the purpose of in-
creasing the income of the Established Church in Dundees
or for the relief of the poor.

The Attorney-General resumed his argument for the
appellant. He referred to the decided case of the city
clergy of Edinburgh in December, 1810, also to the crown
charter to the city of Edinburgh, which was in similar
terms to the charter to the town of Dundee, to show that
the appellants were not bound to apply the trust funds to
increase the stipends of the clergy—that they were entitled
to apply these funds for relief of the poor and other bene-
volent purposes; and, after retelling to several old grants,
from 1501 downwards, and to the contract or agreement
between the Magistrates and Presbytery to increase the
stipend of the clergy of Dundee, maintained that the in-
crease of the stipend was paid out of the common good
of the burgh, and not out of the hospital
funds. The learned counsel then read the seve-
ral entries in the books of the burgh to show that the
augmentation or increase of the stipends was paid out of
the common good of the burgh and not out of the funds of
the hospital. The learned counsel observed that for cen-
turies the ministers of the burgh were paid their stipends
out of the funds of the burgh, that they acquiesed in that
payment, and never made the claim they now make on the
hospital funds, which are applied for the relief of the poor
and decayed burgesses of the burgh, and eleemosynary pur-
poses, and in conclusion asked for a reversal of the decision
of the court below.
[The case was proceeding when we went to press.]

DIVORCE COURT.
Before Sir C. Cresswell and a Common Jury.)

McGREGOR V. M'GREGOR AND ANDERSON AND IeITENRY.
In this case the husband prayed for a dissolution of mar-
riage, on the ground of his wife's adultery with both co-
respondents, and he claimed damages against the latter, wh•
denied the adultery, and also pleaded that the petitioner
and the respondent hnd nut been married. The other re-
sp

iondent did not appear.
From the opening statement of counsel it appeared that
the petitioner was a solicitor, who had been in practice in
Australia, and returned to this country in 1858, when he
formed the acquaintance of Colonel Poole, who was the
father of the petitioner, and was then at Cheltenham. He

became attached to the young lady, and she reciprocated
his affection; and though the parents at first consented to
the union they afterwards opposed it on the ground of dis-
parity of years, the petitioner being much older than Miss
Poole, who was stated to be about 17 years of age, while he
was between 30 and 40. However, the parties eloped, and
were married at Walcott, near Bath. They remained for some
time at Clifton, and then went on the continent, but ultimately
returned to England, and took up their residence at Clifton.
The parents became reconciled to the respondent, and she
went to live with them when her husband went back to
Australia, being unable to accompany him, as she was
enciente. While under her father's protection, she had
attracted the attention of Captain M'Henry, who was an
officer in an infantry regiment stationed in the
neighbourhood. He persecuted her with his atten-
tions, notwithstanding the remonstrance of the mother,
and ascertaining that she was about to be sent on a
visit to London to her friends in order to avoid him, he suc-
ceeded in accompanying her in the same train, and in
inducing her to go back with him to an hotel in London,
where they slept together that night. She had a miscar-
riage some time afterwards, but when her health was suffi-
ciently restored, she joined her husband in Australia.
However, he discovered a correspondence between her and
Captain M'Henry which satisfied him as to their crimi-
nality. He sent her back to England, and on her voyage
the intercourse took place between her and the other re-
spondent, who was the captain of the vessel in which she
sailed.

Ellen Tucker was examined, and stated that she was in,
service at Colmee, Poole, in 1858. She remembered the
day before the elopement that Mrs. M'Gregor was locked
up in her bedroom by her father, in order to prevent her
having any communication with Mr. M'Gregor. She ac-
companied Mrs. M'Gregor when she eloped, and the way
in which the latter succeeded in getting out of her father's
house was by setting fire to her veil, and then to the cur
tains, and in the confusion that ensued she succeeded in
leaving the house. She was present at the marriage, and
she understood that Mrs. M'Gregor was then between 17
and 18 years of age. Mr. M'Gregor was now abet*
45 years old. He had several quarrels with his
wife in consequence of her flirting with strangers on the
wedding tour. She saw her throw papers with writing to
a gentleman in the same train while they were travelling in
France in a railway train. Notwithstanding these quar-
rels they were generally very happy, and Mr. M'Gregor
appeared very fond of his wife. With respect to the dif-
ferences that took place between them, she had seen Mrs.
M'Gregor behave very violently and throw things at him.
She remembered his having brought her away from a ball
against her wishes, in consequence of her flirtations with
gentlemenwithwhomshe had previouslybeen unacquainted.
Mrs. M'Gregor had stated to her previous to her marriage,
that while she was at school at Brussels she was expelled
or nearly expelled, in consequence of carrying on a flirta-
tion, and other misbehaviour, and that on one occasion her
father had to lock her up in her bedroom in order to pre-
vent her eloping with a gentleman. Mr. M'Gregor told
her before their elopement that he believed she would be
different in her conduct when ske was married. She recol-
lected on one occasion after the marriage, that a quarrel
took place between her and her husband, and that she
refused to admit him into her bedroom. Mr. M'Gregor
always appeared very fond of his wife, and treated her very
kindly. _ _

After some immaterial evidence,
Harriet Blake, a waitress at the Brunswick Hotel, Jen.,
myn-street, proved to a lady and gentleman coming there
in the autumn of 1858, and having occupied the same bed
for one night. She had seen them both since and identified
them as Capt. M'llenry and Mrs. M'Gregor. She had
lately gone with a gentleman to Flora-cottage, Chelsea,
and she saw Mrs. M'Gregor in company with a gentleman.
(This was understood to be the co-respondent, (Mr. Ander-
son.)
Some corroborative evidence wasthen given, which closed
the petitioner's case.
Mr. Karslake then .Actressed the jury for the co-respon-
dent, Capt. 3L'liellry.
s.,Lne witnesses were called for the defence, including a
female servant, who stated that Mrs. M'Gregor had ad-
mated to her that she had committed adultery with several

persons.
The jury found a verdict for the petitioner, with £5
damages.
The learned judged then pronounced a decree nisi, with
costs.

SHERIFFS' COURT.

A LONDON CO-OPERATIVE STORE AND ITS SHAREHOLDERS.

Mr. Wkitehurst, for the company, said that these were
actions to recover calls made in accordance with a resolu-
tion carried by the directors. Some of the shareholders
had settled, but others stood.

His Honour—What is the London Free Labour Com-
pany.

Mr. Whitehurst—A co-operative store carried in in
Beech-street, Barbican.
One case was gone on with, but Mr, Whitehurst prayed
for an adjournment as he was not prepared to prove it.
Mr. Buchanan—l appear for one of the defendants, and
wish for an adjournment.
Mr. Aubin—l appear for two of the defendants, and also
wish for an adjournment.
As the cases went on the defendant was asked if ha
would consent to a verdict.
Defendant—Well ; the others are going to be adjourned,
and I think we ought all to be tarred with the same brush.
(Laughter.)
His Honour—l don't hold the brush, so lam not going
to tar you. (Great laughter.)
The cases were all adjour2__.

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THE GREAT EASTERN. onu t
consequence
t .0 f
the
great rush of visitors last week, and the inability of large
numbers ofpersons to get on board the great ship, the direc-
tors have determined, before she clears for Quebec, to open
licr to the public (to-morrow (Saturday) at ss. each person.
Capt. Thompson, who has commanded the vessel during
the last few mouths, has been superseded, and she will be
taken out by Capt. Kennedy, late of the screw steamer Etna.
TRAINING SHIP FOR BRISTOL.—Her Majesty's
ship Dmdalus, which is to be stationed at Bristol as a train-
ing ship for naval volunteers, arrived yesterday afternoon,
and will take up her birth in the floating harbour. The
Daldalus was accompanied by the Geyser steam sloop.
HER MAJESTY'S ACCESSlON.—Yesterday being
the anniversary of her Majesty Queen Victoria's accession
to the throne, the day was observed with the usual demon-
strations of loyalty, and the royal standard was displayed.
on the steeples of the churches of St. Martin-in-the-Fields,
St. Margaret's, 'Westminster ; St. Mary Abbots, liensizg-
ton ; St. Luke's, and the Royal Hospital, Chelsea; and at
one o'clock a grand feu de joie was fired fro. the mortars
in St. James's .park, and simultaneolidy the guns of the
Tower, the Royal Arsenal at Tv oolwich, Tilbury Forts
Sheerness, and other were fired.,