The Sun.
London, England, 1859-11-21 00:00:00

HUDDERSFIELD.

,Public notice has been given that the services of
the Huddersfield Rifle Corps have been accepted by
her Majesty as the 10th company of the West Rid-
ing of Yorkshire Rifle Volunteers. A list of sub-
scriptions received in aid of the corps, amounting
to £477 10s., has also been published, and notice
given that one company of the corps has been
formed and lists opened for a second. The volun-
teer movement is undoubtedly advancing in this
manufacturing district.

LAW INTELLIGENCE.—Nov. 19.

PROBATE AND DIVORCE COURT.

(Before the Judge Ordinary, Mr. Justice Byles, and
Mr. Justice Bramwell.)

BROWN V. BROWN AND WILD.

Dr. Spinks appeared for the petitioner.
This was a suit brought by Mr. John Angel
Brown for a dissolution of his marriage, by reason
of his wife's adultery with William Wild. The par-
ties were married at Richmond, where the petitioner
was practising as a surgeon, on the 10th May, 1852.
Mrs. Brown was the daughter of a currier in White-
cross-street, Cripplegate. After residing some time
at Richmond, Mr. Brown's health failed, and he was
advised to give up practice. He then, in 1857, went
to reside with his wife's parents in Whitecross-
street, and shortly afterwards Mrs. Brown, who had
become very irregular in her conduct and extrava-
gant in her habits, suddenly left the house, merely
leaving a note stating that she had gone to get her
own living as a housekeeper, and did not intend to
live with her husband any more. She wished him
to take care of her child, but said it would be no
use for him to insist on her returning home. Mr.
Brown at once instituted inquiries, but he heard
nothing of his wife until a mouth afterwards, when,
while residinc, at his brother's, he received a letter
from her dated the 16th September, 1857, asking
him not to turn from the writing in anger, for she
was almost mad, although not the guilty one he
imagined, and imploring him to take care of her
child and not leave the country. Subsequently he
received information that she was living as house-
keeper with a gentleman named Collier, and on the
19th October he was just leaving his brother's house
when the respondent came up, and, acting under
the advice of his friends, he took her to her mother's,
without renewing the connexion. On the 10th
November Mr. Brown went as a surgeon on board
ship to India, and the wife remained with her pa-
rents; but in May, 1858, she again suddenly left the
house, and for some time it was not known what
had become of her, but at length she was discovered
passing by the name of Bennet, in Grove-place,
Brompton, and living in a state of adultery with the
respondent, William Wild.

Witnesses having been examined in support of the
petitioner's case,

Their lordships decreed a dissolution of the mar-
riage.

MACDONALD V. MACDONALD.

Dr. Phillimore, Q.C., and Mr. Coleridge appeared
for the petitioner.
In this case the wife presented a petition for dis-
solution of her marriage, by reason of her husband's
adultery and desertion. The respondent and many
of the witnesses were residing in Australia. An
application was made to-day to hear the case upon
the introduction of certain affidavits.

Their lordships, however, thought that they
had no authority to receive the affidavits but
only in such a way that the opposite side or the
Court might have an opportunity, if they fequired
it, of ordering the attendance of the witnesses.
Dr. Phillimore, Q.C., said that under the circum-
stances he should elect to proceed with the case
with what oral evidence he was able to procure.
The parties were married at Baroda, in the Bombay
Presidency, on the 2d October, 1847, the husband,
Malcolm Macdonald, being a lieutenant in the 22d
Regiment of Native Infantry, and the petitioner a
young lady staying on a visit with Lady Outram.
It was alleged that soon after the marriage Lieut.
Macdonald fell into habits of great extravagance,
and was at length imprisoned for debt. While in
prison he was constantly visited by his wife, who,
contrary to the request of all her friends, refused
to leave him and return to England. On the 15th
February, 1852, however, he sent her to England
for the benefit of her health, and also for the pur-
pose of making arrangements about his debts.
There was an understanding between there that,
if this arrangement were successful, Lieut. Mac-
donald should go to Australia, and that she should
join him there, but since that time up to the pre-
sent she had never received a single sixpence from
him for her maintenance or support. He went to
Australia in that year, having obtained money by
leaving the service, and subsequently a few letters
passed between them, but at last he ceased to write,
and under these circumstances she determined to
go out to Sydney, where she arrived on the
2d October, 1854. No sooner had the vessel cast
anchor, however, than she was met by a messenger
with a letter from her husband upbraiding her for
coming out, and saying he had no affection for her,
and that he was living with another woman.
Through the interference of a Mr. Thomson, who
kept horses at Sydney, and with whom the respon-
dent was in partnership, Mrs. Macdonald was al-
lowed a room to reside in. She soon found her hus-
band treated her with the greatest coldness and in-
sult, and continued his amour with a Miss Hughes,
who had a large fortune, and, who was the grand-
daughter of a felon, and therefore Mrs. Macdonald
made up her mind to return to England. On Dec.
29th following she sailed in the Argo, and had got
as far as Melbourne when she received a letter from
the respondent entreating her to return, expressing
sorrow for what had passed, and promising to amend
his conduct ' • she thereupon was induced to go back
to Sydney, forfeiting • her passage money, but on
her arrival the lady discovered that nothing could
have disappointed her husband mere than her re-
appearance, he having merely written the letter
with some private object, and never expecting her
to attend to it. In this state of things a benevolent
lady, named Ramsay, offered to take her as gover-
ness to her children, and invited the husband to
come and see his wife whenever he liked, but the
respondent never went near the place, and when
his wife called at his lodgings he treated her with
the greatest indifference and on one occasion a fe-
male form appeared at the window and knocked at
the glass, whereupon Capt. Macdonald said to his
wife, " You see, you only come here to be insulted ;
what is the use of coming here ?" The petitioner
subsequently found a letter in his coat pocket,
which proved that he was still carrying on au adul•
terous intercourse with this female, and after March
6, 1855. no interview ever took place between the
husband and wife, although she did not leave Aus-
tralia until December, 1856, when, at the solicita-
tion of her friends, she returned to this country.
Before her departure the respondent left Sydney
with the female in question, and had since boon re-
siding with her.
Witnesses having been called in support of the
petition,

The Court pronounced a sentence of divorce.

.POLICE INTELLIGENCE, Nov. 19.

WESTMINSTER.—THE EXTRAORDINARY CASE
OF ADULTERY AND ALLEGED ROBBERY.-Mr.
Arnold was again occupied some hours on Saturday
afternoon in the further investigation of a case in-
volving a very important point of law, in which
Emile Ponti, a young Italian, was charged with
stealing a quantity of valuable property, belonging
to Thomas Pithers, of 19, Stanley-street, Brompton,
with whose wife Ponti had eloped to 9, Charles-
street, Trevor-square.
The brief details of the citaite upon which the
prisoner was given into custody are these :—Early
last October Pithers was committed for a Month for
want of sureties for threatening Pouts, Who had for
some time been carrying on an illicit intercourse
with the former's wife. Darin* the time ofPithet's
imprisonment his wife and Ponti lived together,
and on the night before Pithers's release from cus-
tody they eloped, taking with them two bows full
of property, mainly consisting or drtgses and
jewellery worn by Mrs: Pithers. Her husband was
proved to have emmived at her adultery, not only
with Ponti but with other persons, and the ques-
tion at issue was, whether the fiction,of law which
render it a larceny in a man who elopes with an-
other's wife, also taking away property, could apply
in this case. According to Pithers's account he
had endeavoured to dissuade his wife from follow-
ing her infamous course of life, and had not par-
ticipated in the proceeds of it,
On Saturday, as before, Mr. Smythe, from the
office of Mr. de la Mere, solicitor, attended to
,s,:
pro-
secute, and Mr, W. B. Davies conducted the defence.
After are
tne cross-examination of the prose-
cutorn s e r
in which nothing material was
elicit 'u
Mary Cheesmantv~ta called by Mr. Smythe, and
stated that the prisoner admitted • urging Mrs
Pithers to leave her home, and assisted her in doing
so. Witness also said that, during Pithers's con-
finement, Mrs. Pithers had complained to her of
Ponti driving her about, and that he threatened ard
fivey
ill used her in witness's presence.
wiTthllsl hrsa.vi Pnigth eelosrse
d the aln the course of a lengthened,
cross-examination
ceasres aog ot,beepfo roreseesltizetion,
was
by Mr. Davies, it was down that Ponti had danced
married.
This
Mr. Davies addressed the fr h
Court on behalf of his
client, who he said was of noble blood,
and had,

previous to knowing Mrs. Pithers, passed his sum-
mers in Italy and winters in France ; and when
Mrs. Pithers became acquainted with him, she ran
after him, and would never let him out of her sight.
There was nothing, he (Mr. Davies) contended, to
show that Ponti had stolen this property but the
statement of Mrs. Cheesman as regarded conversa-
tions, which could not be produced as evidence. He
submitted it was not a larceny if a woman, with the
knowledge and consent of her husband, chose to
become a prostitute for the support of herself and
him, and a man eloped with her, taking with him
the property given the woman by gentlemen as the
wages of her prostitution, and which, therefore,
could not be the property of her husband. He then
cited a ease in which a woman was sold some clothes
by a shopkeeper, who pointed out, as an induce-
ment to the purchase, the necessity of her being
showily dressed to attract the notice of gentlemen,
and the Court ruled that the goods, having been
sold for an immoral purpose, the shopkeeper could
not recover. Pithers was not a bootmaker, as he
alleged, and for the last three years had not spent
one penny upon his wife, who during that time had
received no menu but what he had obtained by
her profligacy.
Mr. Arnold observed that if Mr. Davies's show-
in g were right, then, had a thief broken into Pithers's
house and stolen this property, who would he (Mr.
Davies) have brought forward as the owner 1'
Mr. Davies thought the case would be altered in
that event, the husband being for the time pro-
prietor.
Mr. Arnold remarked that he was to understand,
then, from Mr. Davies that were this a common
case it would be a larceny, but as the husband had a
knowledge of all the facts previous to the elope-
ment, and as the property was bought by the gen-
tlemen who came to see Mrs. Pithers, the charge of
larceny could not be sustained against the prisoner.
Mr. Davies said that was the meaning he had in-
tended to convey.

Mr. Arnold ol;-served that this was a difficult point
of law,which must be decided before another tribunal.
The worthy magistrate then proceeded to cite a
case tried before Mr. Justice Coleridge, in which it
was held that there was a larceny by the man of
the clothes in which the woman ordinarily dressed,
and there they were taken in the act of eloping,
and had notcommitted adultery; but thejudge held
that it was a larceny because the intention hid been
to commit adultery.
Mr. Davies urged that, in this case, there was no
16.g-al proof that Ponti had taken away the things.
Mr. Arnold though there was certainly some evi-
dence upon that point. The prisoner had brought a
charge against Pithers, upon which he was sent to
prison- and Ponti immediately proceeded to live
with the wife till the day before the husband's re-
lease, when Mrs. Pithers and Ponti packed up the
property and left the house together. That was
surely evidence that prisoner had committed a
larceny.
Mr. Davies said, if Mr. Arnold had made up his
mind to send the case for trial, he would ask that
hie client be admitted to bail.

Mr. Smythe had many objections to produce
why the prisoner should not be permitted to go at
large.

Mr. Arnold observed that, as the case at present
stood, he did net think he could take bail. The
accused had frequently been at that court in con-
nection with Pithers and his wife, and, on every
occasion, both he (Mr. Arnold) and Mr. Paynter
had given him advice upon the matter, pointing
out to him that, according to the law of this coun-
try, both moral and divine, he could not be per-
mitted to carry on an adulterous connection with
Mrs. Pithers. The accused had solemnly promised
on his word of honour as a gentleman to give this
woman up, and yet here he was still carrying on
the connection, eloping with the wife of the man
he had sent to prison, and (as it was alleged) tak-
ing away the property. The prisoner had led him
(the worthy magistrate) to suppose that this
woman was following him about and annoying
him, whereas it had that day been proved by Mrs.
Cheesman—whether she could be relied upon or
not he would not undertake to say—that he was
threatening and ill-using her. He certainly did not
think himself justified under the circumstances in
taking bail, unless something in the prisoner's
favour were brought before him.
Mr. Davies said he must then proceed to open the
case for the defence, and called _

Mary Cole, an old woman, who said that she had
been servant to Mr. and Mrs. Pithers, at 10, York-
place, Vauxhall-read. Ponti came to lodge there
on the sth of April, 1857, and remained there till
September. During those five months Mrs. Pithers
frequently slept with Ponti while her husband slept
in the next room. She did not think Ponti knew
Mrs. I'ithers was married, as Pithers was always
down stairs and Ponti never saw him. While
t'onti was out Pithers would be up-stairs, butnever
while Ponti was there. On one occasion a gentle-
man came whom Pithers did not seem to care about
letting his wife see, and she went into hysterics.
By Mr. Arnold—The house in York-place was a
very respectable one.
Mr. Arnold warned witness that she was very
old, and upon her oath she had admitted that Ponti
had slept with her mistress while her master was
in the house and cognisant of the fact. How could
she in the face of that call :the house a respectable
one.

Witness then said it was a "respectable gay
house.'

Mr. Arnold wished to know what she meant by
that, and whether she had hcd any experience in
" gay houses" that she called this a " respectable"
one.

Witness replied in the negative. Pithers slept
with his wife when no one else was there. When
other men came he slept in another room.
_ _

Examination by Mr. Davies continued—A year
before Ponti ever came to the house, other gentle-
men used to sleep with Mrs. Pithers, and her hus-
band was well aware of the fact. Mrs. Pithers left
the house in York-place with Ponti because she did
not like with her husband.

Other evidence of a like nature followed, and
after Mr. Arnold had been occupied upwards of
three hours he said he must adjourn the matter,
owing to the pressure of business and lateness of the
hour. He would remand the accused for another
week, and, as the evidence brought forward by Mr.
Davies had materially altered the features of the
case, he should let Ponti at large upon taking his
Orr) recognisqnees for his appearance.
The accused's recognisanecr, were accordingly ex-
tended to next Saturday.

' THE NATAL VOLUNTEERS.—As a sailor, I read
with much interest and gratification your very able article
of yesterday on the Royal Naval Volunteer question. My
experience of seafaring men and matters leads me to think
that if the authorities had fixed the period of 40 years of
ago instead of 35, they would accomplish their object much
more quickly as regards raising the number of men, while
their personal efficiency would not be at all lessened, I
willinstance my own case. 1 hold a Master Mariner's
certificate, and, though retired from the profession, would
j,,in the reserve forthwith; and, though I say it myself, I
think I should be as hard a competitor for a weather ear-
ring- at 35 years o'd as some are at 25. Yet I cannot join,
as by January next I shall weather the age (35) by a year
only. lam convinced that many of my seagoing friends
are in a similar fix as myself. Hoping the Governinent
will think it worth their while to extend the age to 40, and
thereby serve their own purpose much sooner, while it will
gratify a good many, like myself, who have "swallowed
the handspike" (have left off going to sea), but still have
sufficient salt about them to servo so patriotic a cause.—
Letter in the Times.
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