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ceive your party or permit one of them to enter my door . I proceed direct home , and shall , with the blessing of God , make such arrangements as will enable me to defend my house from any invasions that might be attempted . I shall be glad to see the person who will dare attempt to force an entrance into my dwelling . As a matter of duty and caution , you will of course hand this letter to any member of your family who may think of venturing on this ill-judged expedition , so that they may at least be prepared for the reception that awaits them . "
In the month of April , 1844 , Mrs . Paterson left her husband ' s house , and afterwards , by the advice of her relatives , instituted proceedings for a divorce a mensa et thoro , and for suitable alimony on the grounds above stated . The husband relied on the defence that , by the law of Scotland , mere absence of the performance of marital duties did not entitle the wife to ask for a divorce a mensft et thoro , and that nothing short of adultery , of actual violence , or the reasonable fear of violence , would justify such , a decree . In defence of his conduct towards his wife , he stated that •* not very long after the marriage , he discovered reasons into which it was unnecessary and would be unbeseeming to enter , for occupying separate apartments from , the respondent ' s . "
The Lord Ordinary held that a series of insults and indignities , unaccompanied by personal violence or menace of violence , was not sufficient ground for a divorce , and he accordingly dismissed the suit . The learned judge added that , but for the view he took of several of the English , precedents , he would have greatly doubted the justice and policy of permitting a husband to wound and outrage the feelings of his wife by every species of insult short of personal violence without redress . From this judgment Mrs . Paterson appealed to the first division of the Court of Session , which , after a long course of pleading and evidence , decreed that she might live separately from her husband , and he was ordered to furnish the Court with an account of his estate and means . It
was against that decree that the appeal was made to the House of Lords . Mr . Holt and Dr . Harding having been heard on behalf of the husband , and Mr . Turner and Mr . Anderson on behalf of the wife , Lord Brougham said , although he fully concurred in the censure which the Court of Session had passed upon the extraordinary conduct of the appellant , he was bound to state that a judge had no right to indulge in his own private feelings in favour of the one party or the other . The duty of the judge was simply to administer the stern and unbending letter of the law . He then proceeded to point out what the law actually is in such
a case : — " Personal violence on the part of the husband which gave rise to a feeling in the wife of the fear of a personal assault , or the threat of personal violence , which might give rise to the fear of her life being endangered , or such a course of maltreatment so as to endanger her life , or such a constant course of maltreatment as to be likely to lead to bad health and to endanger life—in such cases there was fair and reasonable and sufficient around for a divorce a . mensu et thoro whether in
England or in Scotland . It was not true , as had been stated by the learned judges in the court below , that the law of England stopped short of personal violence in order to form a ground for a divorce a mensa et thoro , for the law was , that an act of violence or a menace made out was sufficient to enable the wife to obiain a divorce from the bed and board of the husband . The question in the present case was , whether the acts of cruelty which were imputed to the appellant were such as to make out a sufficient case for a divorce . Now
what were these acts f Why , the withdrawing from the society of his wife , the coldness of his demeanour towards her , the telling her father that he would no longer cohabit with his wife , and some other matters of that sort . These , no doubt , were very painful circumstances—extremely painful to the wife ; but the simple question was , painful as the case was , whether these were such acts of cruelty—for there was no act of violence in any way imputed—as were sufficient to warrant a divorce u monsa et thoro being granted . Moreover there was no allegation to the effect that the husband had ever used any expressions of violence or words of spite towards his wife . Well , then , were these acts complained of sufficient in law to call for a divorce ? lie was of opinion that they were not , and , therefore , there was nothing left but that he should move their lordships to reverse the interlocutor of the court below . "
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BRKACII OF rilOMIS K . At the Bodmiu Assizes , last week , a case of breach of promise of marriage was tried . The plaintiff , Miss Caroline Tabb , is a sister of the landlord of the Talbot Jnn , Lostwithicl . The defendant , Mr . Hillborne , a chemist and druggist in the same town , had paid his addresses to Miss Tabb for more than a year , and had repeatedly promised to marry her . A number of letters were read in court , all of which breathed the most devoted attachment . The following is a sample : — " Lostwithicl , Nov . 7 , 18 IN .
" My dear Caroline , — Kyor anxious to comspoml with you , the heiuvcil of my snul , it is with unfeigned pleasure that i now inform you that , if wind and weather permit , J intend to drive pUtcr up on Sunday next , who fur one is-not afraid to trust herself with me . How long , dear Carry , the time will appear to mo from thi . < till Sunday . I trust we shall have lino weather ; how Rrent the disappointment on my part if not the case . I am happy to hear th . it you enjoy youraelf , and that your general health is butter , liveiytUiny goes on with mo as agreeably uuU
prosperously as I can reasonably expect ; the only trouble I have is that of being- absent from you , whose charming society I always appreciate . Believe me , each moment which has elapsed since we last saw each other has only contributed to render me still more sensible of that treasure I shall one day possess , and what will be my own exquisite happiness in having one for whom nothing-can ever diminish the ardency of my love . Give my love to your brother and Billy , and accept a thousand kisses for yourself from your ever affectionate and faithful lover , •* Edward Hillborne . " There was a series of other letters to the same effect , in which were such sentiments as that the writer would rather have his dear Carry than fifty others ; his heart was always with her , verifying the maxim " that where the treasure is there will the heart be also , " ' love one , and love no more , " &c . To one of these epistles was appended the following lines : — " Believe me , or believe me not , But if to me the power were given , My every idle word to blot From that bright record kept in heaven : If all my lips have ever said ; If all my eyes , my heart , would say ; If every secret thought were read . And what I wish were swept away : I would not from the eternal book . If such , indeed , were Heaven ' s decree , Erase a word , a thought , a look , I ever gave , sweet Carry , to thee . E . H . " The reading of these letters caused much merriment in court . As did also the one in which the perjured lover , in the most cool and deliberate manner , told his " dear Carry" that they must part for ever , as his friends were opposed to the marriage . This sudden change took place , as will be seen , more than a year ago : — Lostwithiel , June 19 . 1849 . " Madam , —From several circumstances which have taken place , I very much regret the course I am about to pursue . I feel assured our union would be productive of mutual misery , and having recently seen my father , I told him of the matter , and I find that my friends are averse to it , and , as I am wholly dependent on my father , it would be improper in me to run counter to his views ; consequently , I must decline any further correspondence with you . —I am , Madam , your obedient servant , " ii- HlLLBOUNE . " The counsel for the defendant urged that the case was riot of an aggravated kind , and that , therefore , the damages , if any , should be very moderate . The jury seemed to be of the same opinion , for they awarded only £ 40 to Miss Tabb , by way of compensation for the loss of a good match .
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THE CANTERBURY COLONISTS . The Canterbury scheme of emigration , which is conducted under the immediate auspices of the Church of England , being about to send forth to its estates in New Zealand the first party of colonists going out under its regulations , a farewell breakfast was given to the emigrants on Tuesday morning , on board the Randolph , one of the squadron of four vessels which is appointed to sail this month . The ships of the Canterbury squadron were all gaily dressed for the occasion of Tuesday—glittering , in fact , with bunting from trucks to bulwarks . They are all
exceedinglyhandsome and stately merchantmen , as fine craft perhaps as ever floated in the East India Dock . On board one of these ships , the Agincourt , the preparations between deck were sufficiently forward to give an idea of the intended arrangements upon the passage . These , so fur as ' tween deck accommodation goes , are managed upon the general principle of the Government emigration ships , a series of small cabins running forwards in a double line on either side of the main deck , succeeded by a series of double and single sleeping places , separated from the family state-rooms by a bulk-head , and separating them from the domains of the crew in the forecastle . The
cabin arrangements are of course upon a style of comfort corresponding with the comparatively high rate of passage money charged . The luncheon took place on the main deck of the Randolph , which was cleared for action in the most satisfactory manner . Lord Lyttlcton took the chair , and was supported by Earl Nelson , Lord WharnclifFe , the Bishop of Norwich , Mr . Sowell , Mr . Thackeray , and a number of other gentlemen . Several ladies were also present . The chairman , in proposing the health , of Prince Albeit and the rest of the royal family , remarked that he did not indulge in any visionary speculation when he eaid that there was a future chance of that toast
coming to have a very particular connection with the object of the Canterbury Association . When they considered the vast British empire now being reared in Australasia , they would not deem it altogether a visionary idea that on some future day that empire might be presided over by one of the princes of the blood royal of England . 'Jlie next toast was " The Church and the Bishop Designate of the diocese founded in connection with the Canterbury Settlement . " The bishop not being present , the toast was responded to by Mr . Sewcll of Oxford : —
" He observed that , in sotting on foot this entertainment , it had been wished that persona should be present to represent tho high blood and nobility of England , to tc ; ll the intending emigrants that tiny were going forth to found another England , which would be the cherished child of Old England in the Antipodes—and to remind them of the glorious inheritance of recollections which they carried with them ; and it was also wished that there should be ladies present , bringing in their train that sentimentof gracoand those elements of refinement whioh they alone could impart . { Cheers . ) The reverend
gentleman went on to contrast the composition of the presently emigrating colonists with that of the crime-stained ship-loads of human beings which had so often crossed the ocean . ( Hear , hear . ) They principally rested their hopes on the religious element which would pervade the new settlement , and they prayed that any element of the spirit of controversy and party might from that settle , ment be wholly excluded . ( Hear , hear . ) Let him entreat the emigrants whom he addressed to have nothing to do with controversy , but to cling to their Prayer-books and their bishop , and then they could never go wrong . The Bishop of Norwich proposed " The health of the departing Colonists , " and spoke of the deep interest which every churchman must feel upon such an occasion : —
" Truly he might say that this was a great day for England and the English Church . Twelve years ago he had been present at a parting colonists breakfast , in . some respects similar to the present . He alluded to the departure of the first body of colonists who went to JNew Zealand . They went , however , without having taken with them a single minister of religion , and without a hope of finding a clergyman in the land to which they were going . He could not but congratulate the colony whom he addressed upon the most important change which had since taken place in public feeling upon this point . { Hear , hear . ) At one time colonies had been looked upon merely as receptacles for criminals , at another as receptacles for paupers ; and the consequence was that our splendid colonies had been too long
degraded by associations redolent of pauperism and felony . { Hear , hear . ) Now , however , a happy revolution had commenced , and gladly did he hail the day when he saw England prepared to send forth to her colonies a sample of the best blood of her people—a sample of the flower of her people , both as to ' industry , talent , and birth— -a party who would proceed across the ocean accompanied and followed by the prayers and blessings of the church . { Cheers . )" Lord Wharncliffe , in returning thanks for the toast , said , although he did not intend to emigrate , he was doing all he could for the association by sending a son . to Canterbury to represent him .
The Canterbury settlement is a grand experiment to try if it be possible to transplant the religious and political institutions of England to a new colony , and its progress will be watched with much interest by all who attend to the subject of colonization . The body of emigrants now on the point of setting forth are composed of persons of capital and education , each attended by a party of labourers and domestic servants dependent upon him , or at all events proceeding to New Zealand under his auspices .
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THE SAINTS AT THE GOLD MINES . The American papers have lately contained various statements relating to the Mormonites , from which we gather that a considerable number of that bustling sect have given up farming and made their way to the gold diggings . The ruling powers of the Mormon body , finding that the ardent pursuit of gold has made many of their followers forget the " Church , " have addressed an epistle to them , from which we make the following extract : —
«• Many brethren have gone to the gold mines , and many are about going , all * by counsel , ' as they say , and , no doubt , truly . A few have gone according to the advice of those whose right it is to counsel the saints , and such are right , inasmuch as they do right ; but much the greater portion have gone according to the counsel of their own wills and covetous feelings . ... If they shall cease to hearken to counsel , and make gold their god , and return among the saints , filled with avarice , and refuse to lend or give , or sufFer their money to be used unless they can make a great speculation thereby , and will sec their poor brethren , who have toiled all the day , in want and in perplexity , and they will not relieve , but
keep the dust corroding in their purses , it had been better for them if a mill-stone had been hanged about their necks , and they had been drowned in the depths of the sea . . . . Gold is good in its place—it is good in the hands of a good man to do good with ; but in the hands of a wicked man it often proves a curse instead of a blessing . Gold is a good servant , but a miserable , blind , and helpless god , and at last will have to be purified by fire , with all its followers . Elders Amasa Lyman and Charles C . Itichwill continue their operations at Western California , according to previous instructions ; and not
only keep an accurate account of all tithings , and of the general proceedings of all faithful brethren , that we may know of their good works , and hail them , as brethren when we meet , but keep a perfect history of all who profess to bo saints and do not follow their counsel , pay tithing , and do their duty , and report the same to us every mail , that they and their works may bo entered in a book of romomorance in Zion , that they may be judged therefrom , and not impose upon the faithful ; for it is not uncommon for men to say , ' I can do more good if I go to the minus , than I can to stay here , ' and we want to prove such , and know whether they are true men or liars . "
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SCIENTIFIC POISONING . ] At the Oxford Assizes , last week , William Chadwick , a potter , figcd twenty-three , was charged with the wilful murder of Samuel Tunniclid ' o , f » rand uncle of his wife , by administering arsenic to him . The case was curious , as affording a proof of the scientific manner in which plain and apparently ignorant people can now poison each other in the rural districts . The poison was administered in such minute doses and in such proportions of croton oil and arsenic alternately as to produce symptoms which led a country medical practitioner , who was
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Aug . 3 , I 860 . ] # f » * ILtatftt . 437
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Leader (1850-1860), Aug. 3, 1850, page 437, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct1849/page/5/
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