The Sun.
London, England, 1845-04-16 00:00:00

LAW INTELLIGENCE
ARCHES' COURT; April 15.

CLOWES AGAINST CLOWES.
This was originally a suit of nullity of marriage by reason of
fraud in obtaining the license, promoted by Mr. Edward Clowes
against Harriet Jones, falsely calling herself Clowes, who had been
married in the name of Emily Harriet Geraldine Terry, and repre-
sented herself as the daughter of Admiral Terry. Mr. Clowes, a
young man, had become asqoainted with this person in November,
1840, when she was only 16 years of age, at a certain house In
George-street, Adelphi, where she went by the name of Harwood,
and she agreed to reside with him as his mistress- On the 11th of
December, 1841, they were married, she having previously im-
posed upon Mr. Clowes, In June, 1841, a child, of which she a-
leged she had been prematurely delivered, during his temporari
absence, as their own. After their marriage Mr. Clowes disclosed
the fact to his father, and, in order to make him believe that the
child was born in wedlock, by postdating, concurred in altering.the
certificate of its birth. The deceptions which had been practised
by Mrs. Clowes having been discovered by the father of Mr.
Clowes a suit was commenced to avoid the marriage, on the ground
of fraud and deception ; but the Court held that there was no error
de persona, and that the misrepresentation of name and chewy-
stances was no ground for annulling the marriage. The wife en-
grafted upon the suit a prayer for restitution of conjugal rig
which was met on the part of the husband by a plea of adultery,
and this plea was in its turn met on the part of the wife by a charge
of malicious desertion by the husband (who had gone to reside
abroad) and of persecution on his part and that of his family and
agents, which have left her in penury and destitution and dri
withven
her, or rather entrapped her into the commission of adultery
a person who went by the names of Cooper, Pardy, and Godfrey,
and who kept, or was connected with, a place for the sale of dogs'
called the Canine Repository, in Bury-street, Bloomsbury-square.
The facts of this part of the case were detailed in our report of the
argument. The Learned Judge was of opinion, the fact of adultery
being thus admitted, that the articles in the wife's allegation which
don
pleaded circumstances whence malicious desertion and persecuti
were sought to be inferred were left without proof, or were o-
proved. These Courts had never decided that malicious desertion
per se was a bar to a husband's suit for a divorce by reason of
tthe
.
adultery of his wife ; the dicta went the other way ; but in his
case the point was not raised, as there had been no malicious
desertion, the husband having been rather desirous (as appeared
from his concurrence in the fraud practised upon his father
and by his letters) of sustaining the connexion with his wife'
It was certainly, the Learned Judge observed, a strange and inex-
plicable thing that Mr. Edward Clowes, the husband, should have
been imposed upon by the improbable representations of Dbl.
Clowes respecting the child—which it was clearly proved had been
procured by her from Wales, she having never been delivered of a
child—and that he should net have made inquiries into the matter.
But this had no effect as a bar to his remedy. With regard to
Mr. Clowes, senior, and his family, no imputation whatever rested
upon them ; they had had recourse to no other measures than were
perfectly justifiable, though the Court might regret that the allow-
ance made by Mr. Clowes, senior; to the wife, of 30s. a week, had
been withdrawn, since its continuance might have prevented this
suit. But it had been withdrawn for very sufficient reasons,
namely, the suspicious conduct of :Mrs. Clow es, in receiving the
visits of an elderly gentleman, who made her presents, and was
once admitted into her bedroom. There was no evidence to shoo'
that Mrs. Clowes had ever suffered from penury or distress ; on the
contrary, she seemed to have had the command of money front
some source. Upon the w'io;e, he had no doubt in pronouncing
hat the wife had entirely faded in the proof of her allegation, and
.hat Mr. Clowes was entitled to the sentence of divorce he prayed

SURREY SESSIONS-YESTERDAY
(Before Mr. Pucri.LE, Chairman, and a Bench of Magistrates.)
JOHN CHASE V. 111 E REFUSAL OF TILE JUSTICES OF THE NEWINOTO%

DIVISION TO GRANT HIM A VICTUALLERS' LICENSE.
Mr. Bodki❑ and Mr. Knapp appeared for the appellant;

Mr. Walhnees and Mr. Corder for the Justices.
The case has excited considerable interest, in consequence
of the numerous statements which have already appeared in the
papers.
It appeared that Mr. Chase was the landlord of the Black Prince,
Princes-street, Kensington, and had only recently taken possess/
of the house. In consequence of the numerous complaints against
the manner in which the house has been conducted, made by the
neighbours to the police, the superintendent of the L division
directed one of his constables to watch the house. and the con-
stable, in February last, saw a judge and jury club held there on
Sunday evening. There was a great disturbance, and he heard
trials going on very frequently. In consequence of this infortne-
tion the superintendent felt it his duty to report the same to the
Magistrates, and on the following day the Justices suspended the
license until the adjournment day. On that day the case was gine
into before the Licensing Justices in Petty Seesions, when it Wee
proved that Mr. Chase permitted gambling in his house, and suf.'
fared Sunday trading to a great extent.
Inspectors Tapp and Ferguson proved that Sunday trading hadt
been going on since December up to the last fortnight ;'clh
oc'
there had been disturbances between two and three o
in7the morning, and there were cries of murder and policed.
Fancy balls and concerts were held twice a week, an,
fancy characters, in the costumes of clowns, were seen in fr°n
of the house.
Mr. Matthews, a neighbour, who lived opposite to Mr. Cheee:
complained of the great nuisance created by disorderly oeOple
Mr. Chase's house. On one occasion a prostitute, of the name °A
Caroline Turner, came out of Mr. Chase's house between two and
three o'clock in the morning,in a state of beastly intoxication, and
it took the united exertions of four men to take her to the station,
house on a stretcher. There were a great many disorderly Ole!
and women in front of the house, who were creating a great tile
turbance, and the neighbours threw up their windows to ascerinin"

what was the matter, there being cries of " murder," &e.
The Magistrates, after calling on Mr. Chase for his defence, whi:
merely stated that he conducted his house as well as Ile
could, and denied that he permitted Sunday trading, Was 1
dered to withdraw, when the magistrates unanimously resolve
that the license should not be renewed, against which Mr. Chl'e

appealed.
The appeal consequently came before the Court to-day, When
evidence to the above effect was produced by Mr. Wallinger on in
half of the licensing justices. The Learned Counsel called sever?
witnesses in support of the justices, who fully confirmed the
charges brought against the appellant.
r length
Mr. BODKIN next addressed the Court at exceeding grea-
as
on behalf of the appellant, and said if the decision of the Court
adverse to his client it would involve him in utter ruin, itaVil
embarked his all in the speculation. Mr. Bodkin said the Legisla-
ture never intended that a licensed victualler should be sudden'‘, ;
and totally ruined. The 21st section of the Act said that for Ow
first offence the defendant should be fined, for the second offence g
higher penalty should be imposed, and for the third complaint thi
matter should be referred to a jury, who had power to take awl
the license. The Learned Counsel then went on to show the.
there was not sufficient evidence to warrant the Court below in Witt;
holding the license from the appellant, particularly when he
such fearful interests at stake. The Learned Counsel s.rid, that eci
was not there to justify that it was proper to hold a judge 8°,4
jury club on a Sunday evening, but Mr. Chase ought to ha 'd
been properly warned of the great impropriety of his conduct, tgo
said that proper notice had not been given the appellant to that
effect. The magistrates would take into their consideration tho,
the appellant had abandoned the holding of clubs and concerto
and therefore had done all in his power to comply with the Wis
of the Court; he therefore hoped that they would see fit to re s,
the license. As to prostitutes, surely those poor unfortunate c'oe
tures, who were deserving of great commiseration, were not lo l
to
denied shelter from the pitiless storm, and denied refreshments
support their exhausted frames. This he hoped. no humane The
gistrate would ever make a ground for refusing a license. P 1
Learned Gentleman concluded a long and elaborate argurnehtLicli
stating that the House had been shut up for some timer W7io
probably the Court would deem sufficient punishment, and aC"
a warning to the appellant for the future.
The Chairman and Magistrates then retired, and after some Coat
sultation, the former, on his return into Court, announced ~-
the Court had come to the unanimous determination to distill
the appeal.

s
The Decay of Teeth arises from various cateill
hut, priwipally, it may he attributed to early neglect'
health, or the use of tooth powders containing min' ri
and other deleterious acids, which give a moinentl
whiteness to the teeth, while they corrode the 010 r-teed
—The extreme prevalence of this cause is too W.a,
known to need comment. To this fact, indeed, is Prib,
eipally to be attrioutvd the long botanical reseurer,
hick he ppily terminated by the most felicitous discolb",
Pver given to the world for the Preservation of of
Teeth, Gums, and Breath, viz.—Rowland's ()dont°. .0,
Pearl iontifriee : this Powth,r now occupies aad
guished place at the Toilets of the Sovereigns awl `flu
Nobility throughout Europe, while the general den:ln
for it at once announces the favour in which it 19 ti°
vernally held.
[ADVERTISEMENT.]—TILE EARL Or ALDROR-,.,
tl,f
AND HOLLOWAY'S PILLS ! AN ASTOUNDING COS 00
THIS ItIIIIACULOUS MEDICINE,AFTSA EYEay °THIEL Ottetl
HAD FAILED I—See extract of his Lordship s letter, 70•
Villa Messina, Leghorn, the 21st February, 1845. " j„-110
fessor Holloway. Sir,—l beg to acquaint you that your
have effected a cure of a disorder in my liver and stonr
which all the most eminent of the faculty at home, an eis
over the Continent, had not been able to effect, nay, 11,4 fb#
the waters of Carlsbad or Mamenbad.—Signed, Aldbornun" st.
These wonderful pills will cure any disease of the liigroor
stomach. Sold (also Holloway's Ointment) at prof!, be
ri
Holloway's Establishment, 244, Strand (where advice !Lea
had gratis), and by all medi.ine vendors throughout the cif"'

wet
00*
At the Surrey Sessions on Monday Elizabeth II
a woman of respectability, and widow of a major in the g':de.
was indicted for cruelty to a female child of six years of 7,0
T hi- evidence went to show that the prisoner had taken 0,
child under her care with the view of adopting it as her eageje*/
She, however, nearly starved the child. ; and on wit° a
being examined, she was found "Guilty" and sentence
imprisonment for six months.

BIRTHB

_.,.
On Tuesday, the 15th inst., the lady of Charles
Elsley, Esq , of a daughter. VI
On the 15tli of February, at Bona Vista, in the Cape
Islands, the 1 )n. Mrs. 11. W. Macaulay, of a son. dog.
On the 4th inst., at Rye-terrace, Peckham, Mrs.
z'
Morris, of a son.
be Ilidi'
On the 10th inst., at York-terrace, Peckham .lane, t
of Thomas Parker, Esq., of a son. of
On the 12th ' it., the ife of J, -0.n.,j11134

lawtree,

_ inst., the wi.
Colchester, of a daughter. fop
On the 14th inst., at King •strept, Stepney, the wife °f
WWilliam Squires, of a daughter. C '
On the 14th inst., at Langham-place, Mrs. Frederik
Co
On pe, of a son.
the 11th inst., Mrs. Christopher Cull, of Halflo4''
street, Piccadilly, of a daughter. •.1 Jill
110
On the llth inst., at East Bourne, the lady of David
Hall, Esq., M.D., of a daughter. g Old
On the 11th inst., at Godmanstone, Dorset, the NVa-
° ,
Rev. T. Ferris, of a son.
—..---

MARRIED. 00 of
On the 12th inst., at West Hackney Church, 1.• ocef_j
Richard Lawrance, youngest son of Mr. James Lawr.,--,ichw
St. Helier's, Jersey, to Alicia, only daughter of Mr.
Webster, of Kingsland. el(
ocif
On the 11th inst., at St. Mary's, Spital-square, A
Trimen, Esq., architect, of Adam-street, Adelphi, to
eldest daughter of J. J. Buttress, Esq., of Spitalflel_

...._ - -
DIED. i
1#
OA°
On the 15th inst., after a short illness, to the ne%P.„,llf
grief of his parents, in the 17th year of his age, Willo,‘,/eal,
t
surviving child of Mr. NV. C. Evans, Grand Hotel, u''' i
,
garden.
AliJ
On the 13th ult., at Bow, Middlesex, Elizabeth,
the late Rev. Dr. Newman. A Wilde'
On the 13th inst., Richard, eldest son of Riehar- A
Esq., of Albany-terrace, Regent's-park, avd 22. velfte
On the 14th inst., Edward Chinery, Esq., of Longs/
Suffolk. OVI
On the 14th inst., at Bath-place, Peckham, Sarah
the wife of Mr. Johu Fearn. i
On the 14th inst.-, at Twickenham, Mrs. E. Davies;oooll
On the 12th inst., Emma Jusephiae, wife of Samna'
Jones, aged 22. atalit
sii j thq ,
On the 13th inst., at Upper Brunswick-terrace,
Mr. W. B. Broadwater, aged 34.
4. oor
On the 9th inst., Oliver Colt, Esq., of Rownhatn
-.,-" A
shire, aged 85.
- ---------'''',; 0

a_
So. 112, ~ct.tatt, Priat,z, Tblel rj;l3:o)7ficle-:),-;„s;upti;
Strand., in :ha PrarAitet of tho Savol, in the L'"
Middlesex, Wednesday, April 16, 1845.

Find litabliha,l