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Leader (1850-1860), 13th July 1850, Edition Town of 1, Page 366, Untitled Article

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      Untitled Article

      Lieutenant Gale as to his whereabouts , till he observed a light . He immediately allowed sufficient gas to escape to decrease his elevation , when he threw out his grapnell . One hour and a half more elapsed and yet nothing could be perceived to indicate his approach to land , till the grapnell caught something which proved to be a rock , adjacent to the sea-shore , about six miles from Dieppe . Mr . Gale succeeded in securing his balloon . It was midnight when Mr . Gale reached a hamlet , and having

      partaken of the hospitality of the hostess , by a hearty drink of water , she very kindly called for assistance , and handed him over to the gendarmes , as from his explaining his forlorn condition in very questionable French , they mistook him for another JBologne invader . He was conveyed to Dieppe to the British consul , where he was immediately released , although the surveillance was continued up to the time of his leaving , which did not take place till Wednesday morning , at nine o'clock , in the Magician steamer . Mr . Gale could not get his balloon given up to him .

      Untitled Article

      THE LAW OF DIVORCE—A MAIDEN WIFE . A very remarkable case was brought before the House of Lords on Monday evening by Lord Brougham , who is always the most active member of that House when a divorce question comes before it . His lordship , on this occasion , said , he had a petition to present from a lady of the name of GeorginaHall , of Bays water , whose maiden name was Foley . She , it appeared , had contracted a clandestine marriage with a person of the name of Hall . They separated at the church door , and they had never seen each other since . The marriage had never been consummated . The case of this lady was , therefore , the case of a maiden wife . She had endeavoured for two months after the marriage to

      obtain the consent of her friends , supposing in her ignorance of the law , that if the marriage were not consummated , there was no marriage ; but , in the meanwhile , the husband , who was a good-for-nothing person , went to live with a young lady , a milliner , in Bond-street . He took her to Boulogne , and after they had lived together for some months they were married at the British Embassy at Paris . This case resembled the case of Battersby v . Battersby , in which the husband was convicted of bigamy . In the present case the petitioner had obtained a divorce—a tnensd et thoro % and she now prayed for a divorce a , vinculo matrimonii . The whole matter , as Lord Brougham remarked , was one of considerable importance , and he should consider what steps he should on a future occasion recommend their lordships to adopt .

      Untitled Article

      AN " EXCESSIVELY MODERATE " DRINKER . A singular case was tried in the Exchequer Court this week ; it was an action brought by the representatives of a certain Captain Clayton , the son of Sir William Clayton , of Harleyford , on a policy of insurance effected by the Eagle Life Assurance Company with the Albion Life Assurance Company , as a counter security to the former for an advance of money made to Captain Clayton in 1845 ; the claim was resisted ,

      on the ground that , at the time when the policy wa 8 effected , Captain Clayton was of intemperate habits , and consequently that the policy was void , as having been obtained by fraudulent representation . From the evidence on both sides it appeared beyond question that Captain Clayton had been " a fast man " previous to his death . The only question was whether he had passed the moderate stage in 1845 , at the time he effected the insurance on his life . His

      career had been one of a rather common character in its main features . In his youth he studied at Eton , then a commission in the Coldstream Guards was purchased for him , and he sailed with his regiment to Canada . While there he married , but separated from his wife on returning to England , and formed an intimacy with a Miss Lctitia Pitt , with whom he continued to live till he died , of delirium tremens , in 1848 . The latter fact was admitted by the witnesses for the defence , but they affirmed that his intemperate habits dated only from 1847 , and that , in 1845 , he was decidedly sober . One witness , a hotel proprietor , with whom Captain Clayton , his wife , and father-in-law resided in 1844 , described the captain

      ns " an excessively moderation man . " Captain de Bathe , of the Fusiliers , had frequently dined with Captain Clayton in 1842 , 1843 , and 1844 , and never saw him intoxicated but once , and that was after a supper given by Mr . Wright , of the Adclphi , when ull the company exceeded . " A Mr . liumfitt had only seen the captain •* the worse for liquor" once , and that was at Jullien ' s first bal masque " . Mr . Bygrove , a merchant of Sutton , in Norfolk , who went out shooting with him in 1814 and 1845 , had seen him freshy , " but never so much bo as to be incapable of playing at whist . Dr . Spurgin , the medical officer of the Eaglo Office , had examined Captain Clayton , in 1843 , and at that time ho saw no evidence of

      intemperate habits . On the other hand , several witnesses spoke of his having fallen into very intemperate habits previous to 1814 . The landlord of the Cider Cellars described him os going home generally in a state of intoxication . Major Brown , ot'Uxbridge , had seen him drink a pint of brandy before dinner . ?' Housed to drink neat spirits in the morning , and rarely went to bed sober . Another witness . > vho had lived us cook

      with Captain Clayton , caused some amusement by the mode in which she gave her evidence : — " I remained in Captain Clayton ' s service , in Castlestreet , until he and Miss Pitt , as she turned out to be , went down to Norfolk . Whilst I was there ' the captain was very far from , being a man of temperate habits , and he was so bad and violent at times that I have been obliged to prevent him from committing murder . I have interfered to prevent his murdering the young person who was living with him in the drawing-room . I took him on that occasion by the arms and put him into a chair . He was at that time in a sad state of intoxication . This was one night after his return from a fishing excursion at . m

      Uxbridge , and they had been to the Opera , where Captain Clayton and Miss Pitt usually went on the Saturday nights . When they went to the Opera they generally had two or three more gentlemen home to sup with them . On the occasion when I laid hold of his arms and pulled him down into a chair he was running after Miss Pitt with a large carving-knife in his hand , which he had suddenly taken out of a drawer . Captain Clayton was a very different man when not under the influence of drink to what he was when he was so . He was accustomed ' to go to the Cider-cellars at night , and I have seen him come home afterwards at a late hour , for I did notafter a time , think it safe that I should go to bed

      , until I either put or saw that the light was out . He went out every night . He usually dined about five o ' clock , and always went out afterwards , and did not return until one or two o ' clock in the morning ; but sometimes he did not reach home till as late as three o ' clock . In many cases , when the captain came home at these late hours he would compel Miss Pitt , who had long been gone to bed , to get up and come down to give him and his friends , when he had any with him , some music . Upon all occasions when the captain had these supper-parties he was always very different afterwards from what he has been previously , for he generally drank hard . On the following mornings I have seen him come down stairs in a very tremulous

      state . He usually had breakfast by himself , and then it was my custom to take the breakfast in to him ; and I have often seen him take soda and brandy in the morning . The captain , however , was not like some other men when in a state of drunkenness , for he never staggered , nor did he reel , and , what was more , it took a great deal to make any alteration in him . He was not like some other men , for I have unhappily had personal opportunities of witnessing these matters , for he did not , when tipsy , lie about wallowing in his drunkenness , as many others have done . I remember on one of the supper nights , when the visitors remained as late as two o ' clock in the morning with the captain , that a disturbance took place between him and Miss Pitt , whom he accused of being too familiar with one of the gentlemen who had been there

      that night . No sooner had the captain made the charge than the lady denied the fact and struck him , and then ran up to her room . The captain followed and knocked her down , and swore that he would at once go out into the street and not stop with her . I prevented his doing so by placing myself against the door , and in that position I remained until he had calmed down a bit . That night the party had a quantity of cider , cape , and champagne , and the same has been the case with respect to beverage usually at these suppers . As one proof of his being drunk , I may mention that I have seen him take up the poker and knock the glasses off the table . I cannot at all say that I considered him to have been a man of sober habits . I , however , think that he was induced to have recourse to those habits of indulgence in consequence of his pecuniary and other difficulties , which pressed upon him at the time . "

      Cross-examined : " Upon those occasions when Captain Clayton had caused Miss Pitt to get up in the night and to play the music Mr . Rumfitt , the landlord , was residing in the house . I have seen him come down in the morning when in a state of intoxication . I call a man intoxicated when he is intoxicated—and I call a man drunk when he is drunk . " ( The witness said this with a vast amount of emphasis , and thereby created a burst of laughter , in which the learned judge as well as every member of the bar and jury freely partook . ) Sir F . Thesiger : " Well , I quite agree with you that when a man is drunk he is drunk , but what I want to know is , how Captain Clayton showed his drunkenness ; how did you tell that he was drunk ? "

      Witness : " Well , then , when he was all right he would go up and down stairs like any other reasonable man , but when he was in liquor , why , then it was quite a different thing ; for , instead of going up or down like a reasonable man , he would rush up three or four stairs at a time , and shout and hurrah and holla out ( this was delivered with much energy of style , and of course there was a renewal of the general laughter ) , ay , and he would holla out as he was rushing up stairs in this manner , ' Let , Let , Let' ( Miss Pitt ' s Christian name is Letitia ) , meaning that he was calling to Miss Pitt . " Sir F . Thesiger : " But that is not exactly telling me how you made the discovery that the captain was drunk . " Witness : " Why , I have told you that I consider that

      he was not a man of sober habits . I have told you that he used to get drunk , and when I see that a man is drunk , why , then , I suppose he is drunk . { Loud laughter . ) I look upon him as a man who is drunk , and that is all that I consider it is necessary for me to say about the thing . ( Renewed laughter . ) It is quite sufficient for me , if I sec a man in liquor , to know that he is intoxicated . Besides , too , he was at these times very ' obstropolus , ' and that ' s another reason why I know he was not sober . I know the difference between a sober and a drunken man , I can tell you . ( Laughter . ) Then , too , he used to say a great many improper things—things that I ought not , and no woman ought , to hear , much less to repeat ; and , what is more , I have heard Captain Clayton say very many things that I don't mean to repeat to you or to any one else . " ( Loud laughter . )

      Sir F . Thesiger : " Well , don't be angry , don't get out of temper with me . You know I am obliged by my duty to put these questions to you , and—" Witness : " Very well , I have told you that Captain Clayton was a most intemperate man in his habits , and that is all I shall say . " On Tuesday the Lord Chief Baron minutely recapitulated the evidence , and was occupied nearly three hours by the task . He left it to the jury to say whether , at the time the declaration had been made upon which the policy in question had been effected , Mr . «• ^ "n fill-. — . _ £ , _ . __ _ £ t XTT-. 11 J 9 ± . \*_ J •* .

      Clayton so far indulged in intemperance as that it had become what was regarded as a habit . If they were of opinion , upon the evidence adduced on behalf of the defendant , that it had become a habit , then undoubtedly the defendant was entitled to recover . But if , at the time the policy was effected , the late Mr . Clayton had not been a man of intemperate habits , then the plaintiffs were entitled to a verdict . The jury , after consulting together for a short time , returned a verdict for the plaintiff , with £ 539 damages , including interest on the amount of the policy .

      Untitled Article

      TRIAL OF PATE FOR ASSAULTING THE QUEEN . At the Central Criminal Court on Thursday , Robert Pate , aged thirty , gentleman , was charged with unlawfully and wilfully , with a stick , striking the person of our Lady the Queen . The Attorney General , the Solicitor General , Mr . " Welsby , Mr . Bodkin , and Mr . Clerk conducted the case for the prosecution . Mr . Cockburn and Mr . Huddlestone defended the prisoner , who was placed in the dock at ten minutes past ten o ' elock . When asked by the Clerk of the Arraigns if he was guilty , he answered in a firm

      voice , Not guilty . The Attorney-General said it had been his misfortune on several occasions since he had had the honour of holding the office which he filled , to appear to prosecute for attacks upon the Queen , and ne never appeared with greater pain and reluctance than on such occasions . The Lady who occupied the throne was not only entitled to their loyalty , but to their respectful esteem , and the present case was aggravated by the fact that the prisoner at the bar was a gentleman . The prisoner was the son of a gentleman who had filled the office of high sheriff of his county , and the prisoner himself was formerly a

      cornet and lieutenant in the 10 th Hussars . On Thursday , the 27 th of last June , her Majesty left Buckingham Palace , to visit her uncle at Cambridge House ; and after visiting her uncle , when she was leaving , the prisoner stood forward from amidst the crowd , and struck her Majesty , drawing blood , and causing a considerable swelling . Sir James Clarke was sent for , and the usual remedies were applied . He had heard it rumoured that the prisoner or his friends intended to set up the defence of insanity , and if that were done it would be the duty of the jury calmly to consider whether such a defence would be supported by the evidence which would be brought forward on the part of the prisoner .

      Several witnesses were then called , whose evidence was much the same as that formerly given . Their evidence closed the case for the prosecution . Mr . Cockbtjun said it was impossible to deny that an assault had been committed on her Majesty , and the only defence which could be set up for the prisoner who had been guilty of it was that he was not of sound mind . It would be for them to say , when they had heard the evidenee , whether that defence could be sustained , for his own part he did not feel very sanguine on the subject . He then called several witnesses to prove the insanity of the prisoner .

      Colonel Vandeleur was Lieutenant-Colonel of the 10 th Hussars when Pate joined the regiment . He entered as cornet , and remained from 1841 till 1846 in the service . Was struck with his appearance the very first day he joined the regiment ; his hair was cut so short that it struck him he had had his head recently shaved . Observed a change in his behaviour after a correspondence which took place between his father and his brother relative to the loss of his horse , which died from the bite of a dog . He came to witness one day and made a very strange statement—that he was very unwell , his bowels were full of bricks , and that the doctor could not remove them . He was constantly on the sick list after that . Robert Francis Pate , father of the prisoner ,

      remembered his coming to me from Ireland to Wisbeach . He said he came away without leave . 1 was astonished at seeing him there , and asked him the reason of it . He said that he had been hunted about in Dublin streets , and had seen some people about the barracks waiting for him . I said to him that he must not remain with me , but return to his regiment , and told him that I did not know what would be the consequence . He might be shot . He promised to go away the following morning , and he did go . He came to London and sold his commission without communicating with me . I came to Londonand on meeting him asked if he had sold out ?

      , He said he had for £ 1800 . He kept the money . I was applied , to about a year and a half afterwards by parties to whom he had become indebted in London . I came a second time to London , and when I met him in Dukestreet I became much alarmed at his manner . I consulted Dr . Conolly immediately about the state of his mind , and the doctor advised giving him a little more time , and not to confine him when his sister was in town . Dr . Conolly did not see him . I always left him in a very uncomfortable state , and did not know what steps to take

      Untitled Article

      366 Wbt &C gftc r * [ Saturday , ^

  • Citation
    • Leader (1850-1860), July 13, 1850, page 366, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct1846/page/6/