- CAS. R.] REG. v. HORATIO SAMUEL FLETCHER. rence, 100%, is the subject of the first count of the tment. e second account purports to be an account for he fourth account was for the week ending the he fifth account was for the week ending the 29th 1859. The sum actually received from depositors ng that week was 2831. 15s. 10d. The sum reed was 183l. 15s. 10d. The amount actually out was 487. 128. 9d. The sum returned on the -unt was 143/. 128. 9d. This difference in the s received and paid out and those returned as in the weekly accounts is the subject of the fifth t in the indictment, [C. CAS. R. the amounts of deposits, a deficiency of 8000l. and upwards. The jury found as a fact that the prisoner was a trustee of the said savings bank in the years 1859 and 1861, and that whilst he was such trustee of the said savings bank he converted and appropriated to his own use and purposes certain sums of money which in the year 1859 and in the year 1861, and in the several months of those years stated in the indictment, had been paid into, or deposited in the said savings bank whilst he was such trustee as aforesaid, and that the prisoner did so convert and appropriate the said moneys with intent to defraud as stated in the indictment. I directed a verdict of guilty to be entered subject to the question which I reserved, and on which I request the opinion of this court, whether, upon the facts so found by the jury, and those stated in this case, taken together with the said rules of the said savings bank, the prisoner was a trustee within the meaning of the 21 & 22 Vict. c. 54, as described in the several counts of the indictment, or any of them. I postponed the sentence upon the prisoner upon his entering into his own recognisance, himself in 7501., and two sureties in the same amount. W. F. CHANNELL. Copy of the bond accompanying the case :"Know all men, by these presents, that we, Horatio Samuel Fletcher, incumbent of St. Leonard's church, in the township of Bilston, in the county of Stafford, and treasurer of the savings bank established at The prisoner, whilst he was such trustee, treasurer Bilston aforesaid, and Richard Westley Fletcher, of secretary, or actuary as aforesaid, viz. on the Bilston, aforesaid, gentleman, as surety on behalf of the Feb. 1861, signed a certain other weekly account said Horatio Samuel Fletcher, are held and firmly porting to be an account for the week ending the bound unto Samuel Higham, Esq., the present CompJan. 1861. The sum actually paid out to de- troller-General of the National Debt office in the sum tors in that week was the sum of 591. 48. 9d. The of 5007. sterling, to be paid to the said Samuel Higham unt returned as paid out was 1591. 4s. 9d. The (as such Comptroller-General), or his successor Comperence, 1007., is the subject of the eleventh and troller-General of the National Debt office for the title Ifth counts in the indictment. being, or his certain attorney, executors, administrators, or assigns, for which payment to be well and faithfully made, we jointly bind ourselves, our heirs, executors and administrators, and each of us severally and apart from the other of us bindeth himself, his heirs, executors and administrators, firmly by these presents. Sealed with our seals. Dated this 9th day of Jan. in the year of our Lord 1849." These weekly accounts are all signed by the deft. ce; once by him as treasurer or person holding the ince thereof mentioned in the account, and again him as the secretary or actuary. The accounts were y returned to the office of the Commissioners for Reduction of the National Debt, and were produced n their office at the trial. The written part of ounts, with the exception of the signatures thereto "Whereas the above bounden Horatio Samuel er than the signatures of the prisoner, is in the Fletcher hath been duly appointed treasurer of the oner's handwriting. The amounts actually paid in savings bank established at Bilston as aforesaid, and paid out in each week were ascertained from books he, together with the above bounden Richard Westley ch had been kept for that purpose, the entries in which Fletcher, as his surety, have, pursuant to an Act of ks were in the handwriting of the prisoner, or the Parliament made and passed in the session of the 7th unt as cast up, to show the total of the weekly and 8th years of the reign of her present Majesty, ipts or payments, was in figures in his handwriting. intituled 'An Act to amend the laws relating to ies, partly printed and partly written, of these several savings banks, and to the purchase of Government kly accounts, marked respectively A, B, C, D, E and F, annuities through the medium of savings banks,' mpany and may be referred to as part of this case. entered into the above written bond or obligation, subn addition to these weekly accounts, an annual ject to the conditions hereinafter contained. And unt for the year ending 20th Nov. 1859 was, pur-whereas the said bond has been approved of by two at to the statute 9 Geo. 4, c. 92, s. 46, and 7 & 8 b. c. 83, s. 13, signed by the prisoner as treasurer secretary, or actuary, and was delivered to the ional Debt office, a copy whereof accompanies and be taken as part of this case. The bank was usually open on the Monday in each k: the weekly accounts were made up to the arday preceding. The money in hand at the close the bank on the Monday was taken away by the oner from the bank to the parsonage, his private rence. On the next Monday the money was brought to bank by the prisoner, or by his direction. The books he bank were at the office of the bank on Monday ng office hours, but at all other times were kept at parsonage-house, in the residence of the prisoner. he assets of the bank vested in Government rities have been realised, the amount realised net cash in hand at the bank leaves, as compared with trustees and three managers of the said savings bank, as good and sufficient security. Now the condition of the above written obligation is such that if the said Horatio Samuel Fletcher, his executors and administrators, do and shall from time to time, upon request or demand made in pursuance of an order signed by not less than two trustees and three managers of the said savings bank, or at a general meeting of the trustees or managers thereof, give in or deliver up true and perfect accounts in writing of all moneys received by him, and of all payments made by him thereout as such treasurer as aforesaid, to the said trustees or managers, or to such general meeting as aforesaid, or to such person or persons as shall be nominated or appointed by two trustees and three managers of the said savings bank, or at such general meeting to receive the same, to be examined and allowed or disallowed by the said trustees or managers respectively, and shall and do on C. CAS. R.] REG. v. HORATIO SAMUEL FLETCHER. [C. Cas B cases when he shall be guilty of wiful eget u the like request or demand pay over all the moneys re-thing done by him in virtue of his office, exept maining in his hands, and assign and transfer or deliver up all securities and effects, books, receipts and vouchers, and all and every other books, writings, documents, papers and property whatsoever relating to said office of treasurer in his possession, power, or control, to the said person or persons appointed to receive the same as aforesaid, and likewise do and shall in all respects justly and faithfully perform and fulfil | his said office of treasurer of the said savings bank, then the foregoing obligation to be void, or else to be and remain in full force and virtue. And it is hereby declared and agreed that all memorandums, admissions, declarations, accounts, writings, books, receipts and written notices made or given by the said Horatio Samuel Fletcher shall be admitted and received in evidence against the said H. S. Fletcher in the same manner, to all intents and purposes, as the same would be evidence against the said H. S. F'etcher, and this 8. That the several sums of money belonging to h whether the said H. S. Fletcher be living or not, or institution, which the trustees thereof are athlete, a within the jurisdiction of the Superior Courts at West-invest, under the Act 9 Geo. 4, c. 92, or under the ru minster or not. "H. S. FLETCHER. [L.S.] “R. W. FLETCHER. [L.S.] "Sealed and delivered by the said Horatio Samuel Fletcher and Richard Westley Fletcher, in the presence of "THOMAS WILTON, Clerk to John Willim, Solicitor, Bilston." or regulations of this institution, shall be paid in invested in the Bank of England in the names atCommissioners for the Reduction of the National Det according to the provisions of the said Act a the trustees to make investments in the names of t said commissioners, and no such sum or sus Z The following memorandum was indorsed on the money shall be paid or laid out by the trustees it a bond : แ "7 & 8 Vict. c. 83, s. 17. We, two of the trustees and three of the managers of the savings bank established at Bilston, in the county of Stafford, do hereby approve of the within written bond being taken from the said Horatio Samuel Fletcher and Richard Westley Fletcher, as good and sufficient security for the just and faithful execution of the office of treasurer of the said savings bank. "Dated this 9th day of Jan. 1849. Two trustees. "THOMAS PERRY "JOSH. B. OWEN } "JOHN ETHERIDGE "RICHD. JEWSBURY HEAFAT (Witness) other manner, or upon any other security wh except such sums of money as from time to time s recessarily remain in the hands of the treasur answer the exigencies thereof. Any depositar, or trustee or trustees acting on behalf of any deposta or depositors of any friendly society, or any charitate provident institution or society, shall not be restri or prevented from withdrawing from this insite upon giving the notice hereinafter mentioned, any so or cums of money which shall have been depocaly such depositor, friendly society, charitable or pos institution or society, and investing the same a other securities. That the trustees shall pay int Three managers. Bank of England any sum or sums of money not less than 50% to the account of the Commissione" the Reduction of the National Debt, upon the decr ration of the trustees or any two or more of them a such moneys belong exclusively to this institution. "THOS. WILTON." The following are the material rules of the savings bank referred to in the course of the argument: The rules were headed "Bilston Government Bank for Savings," and purported to have been made at a general meeting of the officers of the institution, held at the bank, Nov. 13, 1844. 1. The management of the institution shall be vested in a committee of twelve, to be chosen annually from amongst the trustees and managers. The committee (any three of whom shall be competent to act) shall meet on the second Mondays in March, June, September and December, or at any other time upon the requisition of two members of the committee or the secretary. 4. That no person being trustee, treasurer, or manager of this institution, or having any control in the management thereof, shall derive any profit or benefit directly or indirectly therefrom. 5. The committee shall appoint a secretary to transact the business of the bank, who shall give security conformably to the 7 & 8 Vict. c. 83, s. 17, and receive such allowance for his services as may be thought proper, but no fees or perquisites from the depositors. He shall be responsible for all moneys received, as well as for the accuracy of every individual account, and pay regularly to the treasurer the whole balance remaining due after each day's business is concluded. 25. That any depositor shall be at liberty to draw the whole or any part of his or her deposit in. interest, upon giving, during banking hours, faze days' previous notice, and in case any notice is p and the money not accordingly withdrawn, it sh considered a fresh deposit, and carry interest 45 from the succeeding 20th day of the month. This case was twice argued (May 3) befare Eni C. J., Martin and Channell, BB., and Blackber Keating, JJ., who, not agreeing in opinion, directed case to be again argued before all the judges. I case now came on accordingly. June 7-Matthews for the deft.-The indicte is framed upon the 20 & 21 Vict. c. 54. Set enacts, "That if any person, being a trustee of any F perty for the benefit, either wholly or partially, other person, or for any public or charitable p shall, with intent to defraud, convert or app the same, or any part thereof, to or for his o*D** purpose, or shall with intent aforesaid others pose of or destroy such property, or any part three a shall be guilty of a misdemeanor. The ward" tee" in sect. 1 is narrowed by the interpretative ink (sect. 17) to mean "a trustee on some express created by some deed, will, or instrument in writ And the word "property" is to denote and incar not only such real and personal property as may a been the original subject of a trust, but also y 7. That no trustee or manager shall be personally or personal property into which the same a liable except for his own acts or deeds, nor for any-been converted or exchanged, and the proceeds turné, 6. The treasurer shall likewise give security conformably to the same Act. . CAS. R.] tment. REG. v. HORATIO SAMUEL FLETCHER. [C. CAS. R. them and the bank is that of debtor and creditor : (Rex v. Mildenhall Savings Bank, 6 A. & E. 952; Crisp v. Binbury, 8 Bing. 394.) ; contended that the deft. was not a trustee of proy within that definition. First, the deft. is not a tee created by an instrument in writing. The 3 of the society are not an instrument in writing June 14.-Dowdeswell (Pigott, Serjt. with him) for in sect. 17. The instrument in writing must be the prosecution.-The deft. was properly convicted, for lem generis as a "deed or will:" (Re Lord, 1 K. & he was a trustee under an express trust, created by an ).) Then the rules are not an instrument in writing instrument in writing within the meaning of the 20 & ting a trust within the meaning of the Act. The 9 21 Vict. c. 54. The word "trustee " is used in its 4, c. 92, s. 2; 3 & 4 Will. 4, c. 14; and 7 & widest sense in sect. 1, for when the framers give a ct. c. 83, were then referred to. [COCKBURN, glossary they limit the term. The deft. was a trustee, .-Suppose, independently of these Acts, a number and, as long as he had funds of the depositors in his ersons associated together for a similar object draw hands, he was bound to apply them for their benefit, code of rules, would they not create a trust? and not to his own use. As treasurer, also, he was a if a person receives money under them and ap- trustee of the funds, especially of a savings bank; riates it to his own use fraudulently, would he he held the cash, not as a servant, but as one of the be liable criminally ?] If the person engaged by principal members. As secretary, he was the person ng to take the money and hold it under the rules, appointed to receive the funds, and, upon receipt, he oubt he would be liable criminally, but here the held them as trustee for the depositors until he had paid is not created by the instrument in writing. them over. Although he might have been indicted for LE, C. J.-Suppose the trust is created by will, embezzlement, and if Reg. v. Proud is an authority for precedes the acceptance of the trust, and the Act that proposition, stiil the deft. is liable upon the es that sufficient.] All the elements to constitute present indictment for holding these funds, however rust should be found in the written instrument. they came to his hands; he was liable as a trustce: er these rules there is no trustee, cestui que trust, (Vin. Abr. Trust, A. 1.) The prisoner was a trustee ast-fund sufficient to satisfy the conditions of 20 upon an express trust: (Maddock Ch. Pr. 446.) ExVict. c. 54. [BLACKBURN, J.-The statute press and implied trusts are terms of art well known not say that the acceptance of the trustee should to the law. The Statute of Frauds, 29 Car. 2, c. 3, reated by writing, but only the trust.] These ss. 7, 9, requires that all declarations or creations of do not create a trust: here it is to be followed trusts of lands, tenements, or hereditaments, and all e acceptance of the trust and the deposit: (Lewin grants and assignments of trusts, shall be in writing; rusts, 56.) In the next place, it is contended and the 8th section speaks of trusts arising or resultthere was no such express trust as alleged in the ing by implication or construction of law: (Cooke It does not appear how any one becomes v. Fountain, 3 Swans. 591.) The Statute of Limitaistee, secretary, or treasurer. [WIGHTMAN, J.- tions does not run against express trusts: (3 & + Jose a person appointed to one of these offices, and Will. 4, c. 27, s. 25.) In the present case the trust is his appointment it is said to him, "These are created by the rules, which operate as a declararules." The word in the statute is "created" tion of trust. ome deed, will, or written instrument. [MARTIN, strument creating the trust should contain within it It is not necessary that the inWhy is not the 8th rule the creation of the everything which the trustee is required to do, or that ?] The rules precede the existence of any trust, it should convey the corpus of the trust to the trustees. ee, or cestui que trust; it is the savings bank Government Stock, Bank and East India Stock, and ite that creates the trust. In the first set joint-stock shares are conveyed by transfer. It canounts the deft. is alleged to be શૈ trustee not be contended that a trustee originally appointed by moneys for ended that assuming a public purpose, and it is the company's deed of an insurance office is not liable a trust to exist, it for the fraudulent appropriation of the existing funds not a trust for a public purpose. In the because they were not conveyed to him by the deed at s, public and charitable trusts are treated as the time he was appointed. All that is required by nymous: (Lewin on Trustees, p. 19.) The trust the 20 & 21 Vict. c. 54, is, that the trust should be r the benefit of the several depositors in this case, created by an instrument in writing, that it should be does not fall within the known definition of a au express trust as contradistinguished from oral and lic or charitable trust: (The Attorney-General v. implied or constructive trusts. No regular formal ininall, 2 Myl. & C. 613.) Where the property strument is required to create a trust: (Bayley v. not applicable entirely to public purposes, but also Boulcourt, 4 Russ. 345; Gray v. Gray, 21 L. J. 745, ome purposes essentially private, it was held to be Ch.; Saunders on Uses and Trusts, 343.) Mere able to the poor-rate, not being for the public ad- letters and memoranda are sufficient. The statute tage only: (Reg v. Harrogate, 20 L. J. 25, M. C.) does not require the writing to be signed by the person secretary, the only rule which could be said to creating the trust. A savings bank might be created te an express trust is the fifth rule, and that has at common law, and the statute merely recognises 1 performed by the deft. As treasurer, there is no these societies as bodies regulated by certain rules, which points out what he is to do. The treasurer which create the trusts, and then gives them certain o keep the money in his hands until he receives an protections. There is nothing so peculiar in the er directing him to pay the money to some person. character of a will or deed as to prevent these rules re is no express trust as to the treasurer. As to from being an instrument in writing within the meantrustee, the only express trust is the eighth rule. ing of the statute. Any writing may be a will, proCKBURN, C. J.—Why was not the deft. guilty of vided it contain testamentary words, and any writing bezzlement as secretary when he paid over to may be a deed provided it has a seal affixed. These self a part only instead of all that he received? rules are of the same nature as those that govern inAMWELL, B.-In his accounts as treasurer, he says surance companies, corporations, and other public received so much only; then it follows that, as associations, and they are, for the purpose of the statute retary, he embezzled the amount he did not pay 20 & 21 Vict. c. 54, ejusdem generis as a will or deed. r to himself as treasurer.] It may be that the Next, this was a public trust. Soner was indictable under the 7 & 8 Geo. 4, c. 29, counts which allege that the deft. was a trustee of Lastly, the set of 19, but the question is, can this indictment be sus-moneys for the benefit of the depositors was fully ed? (Reg. v. Proud, 9 Cox C. C. 22; s. c. 31 proved. Rules 4, 8 and 25 show this. [WILLES, J. J. 71, M. C.) The depositors have not the referred to Holmes v. Tindall, H. L.] hts of cestuis que trust. The relation between Matthews was heard in reply. COCKBURN, C. J.-I am of opinion that this conviction was right, and that it ought to be upheld. The first question is, was the deft. a trustee within the meaning of the Act? I think that it is clear that he was a trustee. It was contended by Mr. Matthews that he was not a trustee, though he was called a trustee in the rules of the society, and that the deft. was only liable in an action at the suit of the depositors to repay them the amount of their respective deposits with interest. I do not concur in that argument. I think that the deft. was a trustee upon the receipt by him of the money, which he was bound to hold for the benefit of the institution until it was repaid to the depositors under the 8th rule, which creates a trust to hold the money for the benefit of the institution. I am disposed to think that this was not a trust for a charitable or public purpose within the meaning of the statute. Although a savings bank is an institution of public concern, as tending to promote thrifty habits on the part of the public, and it is desirable that the savings of the depositors therein should be protected, yet I do not think that it is a public purpose within the meaning of the Act, which appears to me to contemplate institutions such as those which are exempted by statute from liability to pay poor-rates and similar things. On the first set of counts in the indictment the prosecution therefore fails; but on the sixth and other counts, which charged the deft. as a trustee for the benefit of the depositors in the bank, I think the prisoner was properly convicted. Looking at the whole scope of the institution, it is plain that the deft. was not to hold the funds for his own individual benefit, but for the benefit of some one else. What is the meaning of the term "institution" in the 8th rule? It includes the managers, trustees, officers and depositors. The 8th rule speaks of the "institution." Although the trust-moneys, in point of law, belong to the trustees, yet within the meaning of this rule they belong to the institution-that is, as regards the deft. to the rest of the persons as distinguished from himself; therefore I think the deft. was clearly a trustee for the benefit of other persons. Then, is it an express trust? It is clear that it was the deft.'s duty to receive the moneys, and to pay them over. The treasurer's duty is plainly chalked out: he is to hold the moneys on behalf of the institution, retaining in his hands only so much as is necessary; and if the treasurer does not discharge that duty, he is guilty of a breach of trust. Therefore I think there was an express trust. The next point is, whether there was an express trust created by an instrument in writing within the meaning of the statute. To my mind it is quite clear that the trust was created by an instrument in writing, because the rules of the society give the authority to receive the money, and point out in what way there is an obligation to apply it. The trustees are to receive the moneys and invest them with the Commissioners for the Reduction of the National Debt. The same writing which empowers the trustees to receive the moneys from the depositors and hold the same, points out the purpose to which it is to be applied by them. Then, is it an instrument in writing ejusdem generis as a deed or will? It is said that the rules of the society are not ejusdem generis as a deed or will; but, for this purpose, I think they are; for if the rules authorise the receipt of the money, and declare what the trust is, they seem to me to be an instrument in writing ejusdem generis as a deed or will, for they have the same effect as a deed or will, whereby a trust is created. In this case, instead of executing a deed, the deft. accepts office under a set of rules which dictate his duty. We must not overlook the intention of the Act, which was to prevent the fraudulent appropriation of moneys by trustees of moneys in their hands. The object of the proviso was to prevent implied trusts from being incinded 1 penal provisions of this Act, and it was required a there should be an express trust as distinguished for an implied one, and that it should be in wing, L not be left to oral proof. Of the moral gida deft. there can be no doubt. I entertained a aut ! one time whether the deft. could be convicted, a tr the rules, the secretary was bound to pay the pr received over to the treasurer, and the treasurer trustees, and the deft. himself acted as secretary, ta surer and trustee; but now, for the reasons I h given, I am satisfied that there was full g saying that the finding of the jury was rig, I that the deft, was a trustee within the meaning d Act. The rest of the Court concurred. Conviction effra DIVORCE AND MATRIMONIAL CAUSES COURT. Petition Reported by Dr. SWABEY, Barrister-at-Law May 10 and June 11. (Before Sir C. CRESSWELL, J.Ó.) LAWRENCE . LAWRENCE for dissolution. Desertion-Const husband—Letters of husband B. and C. married in 1851, and cohabited in Extill 1856, when-but under what circwastes not fully appear—B., the husband, went ti (ar holding an office in the commissariat. C.m only child of the marriage remained in Exa By letters written from B. to C. between Fox. Dec. 1859, it appeared that B. had led extravagant life in China, and had benja guilty by a court-martial of embezzling money; C. and her family had treated B. liberally of money, and in the course of 1859 precisel with considerable sums on his representan i amendment, and intention of going to Au These letters expressed affection for his v child, but no desire to join them or be them. B. came through Paris to Leads, inof going to Australia, and on the 10 Dec wrote to his wife saying that he had spe money, and incurred divers liabilities by barem and otherwise. He addressed a few list. 13th Dec., which were the last he made no attempt to see her. In Nov. 1859 the acquaintance of the woman will ris adultery was proved, and in a letter to ke 10th Aug. 1860, wrote: “I was as forced int. riage some years ago with one who is try and for whom I had no love. . . I was mere my home, and took a staff appointment ebres com three years ago. I have not seen my wife for t than three years." By her petition, dated 7th Nov. 1861, C. prop dissolution of her marriage by reasa ! adultery and desertion; and the Court construing B.'s letters by his acts rather their words, his conduct amounted to deserim This case was unopposed, but seems of c in respect of the circumstances that were bad : 1 stitute desertion. The petition alleged as follows:1. That your petitioner, then Augusta Jam spinster, was, on the 15th day of January 1882 fully married to Edward Daniel Lawrence, parish church of St. George, Hanover-squam, county of Middlesex. 2. That after her said marriage your petite and cohabited with her said husband at Cam the county of Cambridge; at Brussels, in the of Belgium; at Gibraltar, in Spain; and in wick-park, near Leatherhead, in the county of ey; and that your petitioner and her said husband had issue of their said marriage one daughter, eight years. That on the 5th Nov. 1859 the said Edward el Lawrence deserted your petitioner without onable excuse, and has ever since lived separate apart from your petitioner. That on divers occasions in the months of ch and April 1860 the said Edward Daniel rence committed adultery with a female named abeth, otherwise Eliza Brown, in the Queen's eh Prison, in the county of Surrey. That in the month of May 1860 the said ard Daniel Lawrence adulterously cohabited with said Elizabeth, otherwise Eliza Brown, at Westk-house, Margate, in the county of Kent. That in and during the months of June and July O the said Edward Daniel Lawrence frequently ed the said Elizabeth, otherwise Eliza Brown, at us-terrace, Chelsea, in the county of Middlesex, on divers of such occasions committed adultery the said Elizabeth, otherwise Eliza Brown. he petitioner's case was conducted by Dr. Deane, , Dr. Wambey, and Browning. he petitioner was examined on the desertion, but case as to that chiefly turned on the resp.'s letters, h are noticed and partly set out in the judgment. Cur, adv. vult. : [Div. debt since I have been here. I have been obliged to send money to Gibraltar, Constantinople and London. I have been very extravagant; when I first came here I lost a large sum of money at the races; I was obliged to borrow money to pay these debts at an enormous rate of interest, and then to borrow again to pay the sum off. I have spent a great deal of money at the club, giving dinners, etc. I lost over 3001. out of the chest in bank-notes through carelessness, and I had to borrow this sum to pay it into the chest, so that the head should not know anything about it, or I should then have been brought before a court martial. This is a very expensive place, the dollar does not go further than a shilling in England; if you draw bills on England the loss is very great. I have drawn bills upon home to the amount of 5937. Three bills have already been sent back dishonoured, and I owe 8007. more here, making a total of 14007. I know it is useless for me to say I am sorry, for you would not believe me, but if you could read my heart you would know how truly miserable I am, and for how many long weary months my life has been a burden to me. Oh! dear Augusta, can you do anything to save me? I know I have no right to expect mercy or pity from any one, etc." Again on the 25th Feb. he wrote thus:-"My dearest Augusta,-I have inclosed a long letter to Robert, which, of course, you can read, but please forward it to him with as little delay as possible. I have told him everything concerning my debts here. ine 11.-CRESSWELL, J. O. gave the following I have implored him to try and save me for the last ment :-This was a petition by a wife for dissolu- time; I know I do not deserve to have any mercy. I of her marriage by reason of the resp.'s adultery have cruelly deceived you, my parents, your mother, desertion for two years and upwards without rea- every one; you have all been too kind, too good to me. My ble cause. The resp. did not appear. At the life ever since I married you has been one great falseing before me on the 10th May the adultery was hood. I have never been quite free from debt. I think - proved, but I reserved for further consideration how happy might have been with you and my dear sufficiency of the evidence of desertion. The mar- child if I had only acted properly towards you both, etc." took place in Jan. 1851. One child (a daughter) | On the 21st May he wrote thus:- "Stanley, 21st born of the marriage, and the parties lived together May 1859. My dearest Augusta,-Words cannot ngland until 1856, when the resp. went to China, express how grateful I felt for your kind and affecing an appointment in the commissariat. No tionate letter. I expected reproaches and to be cast-off for ence was given of the terms on which the parties ever, instead of that I meet with nothing but love and lived together, or of the circumstances which led goodness. If anything can add to the bitter pangs I is accepting such an appointment, or which caused now suffer, it is the knowledge that I have made such a petitioner to remain in England, save that which wicked return for all the great and undeserved kindound in a letter bearing date the 12th Aug. ness I have experienced at the hands of those who love ), addressed by the resp. to Eliza Brown me. I can never, never forgive myself for the past. I om it will be necessary to mention more par- have been a very bad husband to you and made you arly hereafter). In that letter he says:-"My very wretched; let me entreat you to forgive me, etc." motive for concealing from yon that I was Thus bearing testimony to the continued affection of ried was that I knew you would cast me off, as you his wife, but not a word indicating even a wish to 1said that you would never have anything to do with return to her. On the 9th Aug., again from Hong Kong, arried man. Although you cannot bring yourself he announced his determination never to return to ink so, I have loved you, do love you with my whole England :—“As I am not coming to England, and t and soul. I could not bring myself to tell you, being a person of small consequence, this painful affair knew I should be cast off by you, and that I could will soon be forgotten. People will have other things bear. I was forced into a marriage some years ago to think about. To England I can never come again, one who is very rich, and for whom I had no love; etc." On the 28th Aug. he wrote again from Hong marriage has been the curse of my life. I Kong, affecting still attachment to his wife and child, miserable in my home, and took a staff appoint- but not expressing any desire to return to them or have t abroad about three years ago. I have not seen them with him:-"I will indeed write regularly by wife for more than three years." Taking his own every mail, which I see leaves Australia on the 20th of unt of his motives for leaving England and of his every month. The mail leaves England on the 12th ngs towards the petitioner, the court may safely of every month, and takes between fifty and sixty days lude that he had no wish to return to cohabitation to reach Australia. I trust, dearest Augusta, that you her, but that letter does not satisfy me that he will write long letters by every mail, and tell me when he left England formed a resolution to desert everything about yourself and the darling ;" and His subsequent history is also to be collected repeating his determination never to return to fly from his own letters which were put in evidence. England. It appears that he left Hong Kong for the 14th Feb. 1859 he wrote to his wife thus from Alexandria, pretending that thence he should take g Kong:-"My dear Augusta,-If you only knew his passage to Sydney, and he urged his wife t my feelings are I am sure you would pity me. I to prevail on her mother to send him 2007, which to be brought to a court-martial in consequence of was done, and bills being dishonoured. I must now tell you I have been ashamed to write to you to tell you hy fearful extravagance. I have never been free from on the 22nd Oct. 1859 he wrote from Alexandria the following letter:-"My dearest Augusta,-I received your kind letter of 2nd October, also the 220.; very many thanks for |