The Sun.
London, England, 1861-01-29 00:00:00

ELLIOTT V. ELLIOTT.

This was the petition of Mary Ann Elliott, and
prayed fur a livnrea, on the ground of her husband's
cruelty and adultery, and there was nu appearance
by the respondent.
Mr. Collier, Q,C., and Mr. Daly, were counsel
for the petitioner.
It appeared that the parties were married in 1829,
the:petitioner at the time being a teacher of music
and the respondent a chemist and druggist. They
lived at Bristol for about two years and a half,
when the petitioner's business failed in conse-
quence of his intemperate habits, And he came to
London to seek employment, leaving his wife and
child at Bristol. For some time subsequently to his
departure Mrs. Elliott maintained herself by her
professional exertions, but hearing that her hus-
band was leading a profligate life, she gave up
her tuitions and came to London with the in-
tention of reclaiming him if possible. Afterwards
they accepted engagements at theatres in Scot-
land, the lady being employed as an actress and her
husband as a pyrotechnist. They then returned to
Bristol, and took a public-house called the Hole-in-
the-Wall, where they lived for six years, during
whieli period she gave birth to three children. The
conduct of the respondent was most immoral, and
the alleged ill-treatment continued from the time of
the marriage. In 1840 they settled in London and
took a cigar shop in Drury-lane, and Mrs. Elliott
again resumed her theatrical engagements. Sho
was employed at several of the minor theatres in
London, and though her husband was engaged at
Astley's and other theatres occasionally, the sup-
port of the family devolved on her. In addition to
the ordinary ill-treatment ho insulted her while she
was performing, crying out in the theatre, " Eadies
and gentlemen, look at that lady; is she not a
-." She fainted, and had to be.removed from
the stage. In 1845 the respondent's conduct be-
came so bad that Mrs. Elliott found she could not
cohabit with him any longer, and they separated.
He had since lived with a female, by whom he had
four children, and he had not contributed anything
to the support of his wife.

Mrs. Elliott:, the petitioner, was examined, and
confirmed the preceding narrative. She stated
that the acts of cruelty consisted of pinching and
shaking her violently, threatening to murder her
and the children while pretending to be insane.
He also threatened to stab her with a spear, and
during her confinement with her last child he came
home late at night and dragged the clothes off. The
consequence was that she and the infant suffered
severely.
Catherine Atkinson corroborated the statement
as to certain acts of violence by the respondent to
his wife, and to the latter having bruises on her
person, which she said resulted from his brutal
violence. _ _

Sir C. Cresswell considered that the evidence
relative to the ill-treatment was scarcely sufficient
to establish cruelty in the legal sense, which re-
quires that the acts complained of should be of a
character to render cohabitation dangerous to life
or health.

Judgment deferred.
HUAIPIHIEY V. HUMPHREY AND ABRAITAMS.

This was the petition of the husband, who keeps
a beershop in Chelsea, and prayed for a divorce by
reason of hls wife's adultery with the co-respon-
dent, who pleaded that he did not know she was a
married woman when he formed a connexion with
her. The respondent admitted the adultery, and
recriminated the charge against her husband.
Dr. Tristram was counsel for the petitioner, and
Dr. Spinks for the respondent. The co-respondent
was not represented by counsel.
It appeared that the parties, after ten years' co-
habitation, married in 1856, and lived together
until 1158, when the respondent became so intem-
perate that the petitioner was compelled to separate
from her, and made her a weekly allowance.
Finding that she continued her drunken habits he
stopped this allowance, but was obliged by order
of the magistrate to allow her ss. a-week, which he
continued to do until he discovered her criminal
intercourse with the co-respondent in April, 1859.
It further appeared that he treated her very kindly
and that she admitted her improper conduct.
The case wasr fully proved and the Court granted
decree nisi.

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