New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-01-05
AN OLp.FAsnIONED DIVORCE CASE.

AN OLD-FAsHIONED DIVORCE CASE.
The change in the Divorce Laws Of England has
not had one effect that was anticipated from it. 1t
has not diminished the number Of scandaous trials
which used to shock the moral sense of Con-
tinental Europe. The duel the rencounter, the pis-
toll the stiletto, were recognized there as the ht
means to help an injured husband to his revenge.
trial for damages seemed strange method OF re-
dress for wrongs which demanded blood rather than
gold TO the hotter-veined inhabitants Of Southern
Europe. And it was hoped that when separate
tribunal had been erected for the purpose of taking
this class of cases out of the common law courts
and the House of Lords, that PateJam'Aas might
open his newspaper at his breakfast-table without
danger of finding its columns full fthe details Of
and wckedness, which he had to hide from the eyes
of his wife and daughter. The evil has merely
changed its shape, but has been greatly multiplied
in the shape it has taken. Actions for damages are
less frequent, because verdict is no longer neces-
gary for the obtaining of divorces but suits for d
yorces with all the necessary evidence, are greatly
multiplied, since they have been taken out OF the
category of Injuries for the weather. classes, only
and been brought within the means of men of lower
estate. A man with false wife formerly could not
be rid of her unless he could afford to pay at least
f1, 900 for the expenses of the necessary process
But now that he is not bound over in this large sum
of money to remain
---hnked and wedock bound
To fell adversary his hate or shame"
there are great numbers found to claim the relief
justice as well az law allows.
One thing has been rather observable in the work
ing of this new experiment, and that is that SO few
persons of the higher ranks aud weather. classes
have applied for the benefits of the act The new
Court has demonstrated the necessity ofts creation
by the very crowd of applicants that throng its tr
buusl. But il is left chiefly to the mlddhng and
lower ranks for whose relief indeed it was mainly
intended. Whether it be that the rich and noble
scorn TO seek q remedy which has been made thus
level to the meanest capacities or whether they dis
dain TO commit the crime
Condemned by heavenly, fined BY human, laws"
for which the remedy was designed, when it would
bring them into such low company, we cannot ef-
firm. But the fact is as we have stated it. a
nit for divorce urg ilded by titles or wealth is in.
deed vulgar affair. simply disgusting in its details,
and destitute Of all the elements Of elegant and re-
fined scandal. The English journals have lately
published accounts of an exception to this rule,
which only proves its general truth. An &C.
ton of damages WINS brought few weeks ago
against the Marquis of Anglesey which resulted in
he good old-ashionsd verdict of 10000, as in the
days when Erskine and Curran used to rouse juries
up to the highest pitch of pecuniary indignation.
The only difference between now and then was, that
the plaintiff was decreed divorce at once whereas
formerly he would have had to obtain private act
Of Parliament for that purpose.
The plaintiff in this case was u merchant Of the
name of James Morton Bell, who had intermarried,
in 1851, with Ellen Jane Bernan, the daughter of
wealthy stock-broker. Mr.. Bernan, the Ifather-in-
law, had home at Worthing which was naturally
the resort of the Bells during the season There
Lord Anglesey seems to have made their acquant-
ance and was in the habit Of visiting them famil-
arly with his younger children, and his visits were
returned at his lordships country seat. If any en-
vious acquaintance maryeled how the Bells and
Bernans had the luck of such society, they soon had
the satisfaction OF finding that it was the beautiful
Mrs. Bell that deserved it. For, in 1858, she left
her fathers home at WorthiDg when her husband
was absent, and went to hotel in London, where
she was visited daily by the noble Marquis After
ward, they took lodginss and lived together openly
as man and wife, she styling herself Lady Anglesey.
On the trial. there was no denial of the facts, and
no defense on the merits. The only question was
as to the amount Of damages. The plaintiffs coun-
eel said that Mr.. Bell wished for no money equiya.
lent for his wife but as he had settled $4,000 upon
her for Ife he thought he should be Unidentified fer
that amount. The defendants counsel agreed in
the reasonableness of this suggestion, and was will
ling TO take verdict on that sum. The Judge
doubted whether the marriage settlement was
proper fact to be given to the jury; but admitted it
on being reminded that this was done in DR.. Lard
ner's case The jury, however, refused 10 gauge
their verdict By this business-like measure, and
: found for the plaintiff in the full sum Of 100000.
Upsn which the Judge declared the marriage dis
solved, and saddled the Marquis with the costs into
the bargain.
This noble lord certainly had not the paliaton OF
youth for his error. As be was born in 1871, he
must now be verging on his grand climacteric Of
siXty-three years. lie is twice widOwer,
and with many children aud grandchildren.
Whether he win now raise Mrs. Bell 10 tho real IN
well as the titular rank Of Lady Anglesey must be
sn interesting subject speculation 10 oil connected
with that noble family. His lordship, indeed may
plead an hereditary tendency toward Doctors Com
mons, now superseded by the Court of Divorce. 1t
was his father, the late Field-Marsha Marquis Of
Anglesey, and his Mother slater Of the late Earl
IN, hat rL.ti han