AWKWARD RE-APPRARANCE OF A MISSING- HUSBAND.

Otago Witness, Issue 571, 8 November 1862, Page 8

AWKWARD RE-APPRARANCE OF A MISSING- HUSBAND.

(From the Dispatch.)

A singular action, Prooter v. Scott, the trial of which evoked considerable amusement, took place at the (J-uildford assizes on Wednesday, before Mr. Baron Bramwell. The plaintiii, was Mary Ann Prooter, and she sued the defendant C4eorge John Scott, who was her bro-ther-in-law, to recover a sum of £28 odd for boa r d and lodging and money lent. The defendant pleaded a variety of pleas, and among tliem one that tiie plaintiff was a married woman, and that her husband was alive, and consequently she had no right to bring the present action. The case was one of a very extraordinary nature, Mary Ann Prooter, the plaintiff, was examined, and she deposed to the circumstances under which she claimed the debt from the defendant. Mr. Hawkins then proceeded to cross-examine her upon certain matters having reference to the claim, but the learned judge interposed, and observed that if there was anything in the plea of overture, if the fact of the plaintiff being a married woman and that her husband was alive could be proved, there was an end of the case. The plaintiff was accordingly cross-examined upon this point, and in answer to the questions put by Mr. Hawkins, she said : — " More than twenty yeirs ago I was married to a man named Ricliard Rolling, at King's Lynn, Norfolk. I never saw him after the marriage, and I should not know him again if I were to see him. At that time he was a young man, but I don't recollect whether lie was short or tall, or stout or thin, nor how he was dressed, but 1 think he had a blue co.it on." The plaintiff then went on to state that she left her husband directly after the marriage, or at all events on the same evening. "She aud her husband went to his father's house, and an altercation took pine 2 between them, and she left him and went back to her owa father's, and she never saw him again. Mr Hawkins: "What was he?" Witness : "He was a fiuherman, and kept smacks. I only married him to please my friends." Baron Bramwell : v How old were you when this marriage took place ?" Witness "Only fifteen." Mr Hawkins :" How many more times have you been married ?" Witness : "I decline to answer such a question as that." Rayon BramweU sa.U ha wa.s not sure that the witness was bound to answer the question, because if she really was married to Hulling, and married to another man afterwards, she might be indicted for bigamy. Mr Hawkins said she had nothing to fear on that score, for she Lad already been tried and convicted of that offence. The learned counsel then put some further questions to the witness in cross-examination, and in answer to them she said that twelve years ago she was tried for bigamy and convicted, in consequence of her having contracted a second marriage with a man named Johnson. She added that she had only been married twice— once to this person, and once to Rolling. Baron Bramwell to the -witness : "Do you really mean to sa.y that you kno vv nothing about your firss husband Rolling, or whether ho is alive or dead ?"

Witness: "I do, my Lord ; I never inquired after him, and I don't know what became of him." (A laugh.) Mr. Hawkins said they had got him there, and the plain 'iff should see him before the case was over. She would have au opportunity, if she liked, of going back with him to King's Lynn, where, as the story book said, they might have children, and live happy ever afterwards. Richard Rolling was then called, and a middle aged man, having the appearance of a fisherman, quickly made his 'appearance in the witness-box, amid a roar of laughter from the persons in the court. Mr Hawkins then put in a certificate, by which it appeared that Mary Ann Prooter, spinster, was married to Richard Rolling at the Parish Church of St. Margaret, King's Lynn, Norfolk, on the 17th December, 1835. Mr. Hawkins -then addressed the witness" : '* I believe your naiqe is Riohard Rolling, and that you wore married in the year 1835, at King's Lynn, to a person named Mary Ann Prooter?" Witness: "Yes." .Mr Hawkins:! "In a blue coat ?" Witness : " Yes." -

Mr Hawkins said this was all he proposed to prove with regard to the first marriage. Mr. Denmau submitted that it was not sufficient, and that the identity of the parties wa3 not established. It was a most shabby defence, and he felt it his duty to defeat if. if it was possi, ble. Baron Bramwell said he agreed with the learned counsel that the defence wsia a shabby one, but at the same time he thought there could not be any doubt that' the plaintiff was married in, 1833. t0 the man who had that day made-hisappearanGe. :;. .m. m „/

Rolling was then cross-examined by Mr Denman. He said that the pwoo:i to whom he was married did not go away from him on the day of the ceremony, but lived with him four or five days. He also said that Rolling and Prooter were both common • names at Kind's Lynn, and there were a good many of them still living there. His wife went away from him very shortly afrer the marriage, and he never made any inquiry after her, or«rdeavourcd to ascertain what had become of her. (A laugh.) Baron Bramwell : " Well, you have seen the person who has been examined to-day — is she your wife to whom you were married in 1835?" Witness : " I caught a glimpse oi: her, and I am pretty sure she is my wife." (Laughter.) Mr Denman :" Will you swear positively that she is the woman to whom you were married?" "Witness: Fo, I will not ; but I believe she is." (Renewed laughter.) Mr. Denman then addressed the jury.for the plaintiff, and aaid that notwithstanding the evidence that had been given to make out this shabby defence, he should ask them to say that the marriage in 1835 had not been proved, or that* at all events it was not established beyond the possibility of doubt that the man Rolling and the plaintiff" were the persons who were so married. It was proved that there were a number of other persons of the same name at King's Lynn ; and with regard to one portion of the evidence given by Rolling that the person to whom he was married lived with him several days after the marriage, whereas the plaintiff swore that she left her husband the same night, it was an important contradiction, and he submitted that under all the circumstances the jury would be justified in coming to the conclusion that it had not been established that the plaintiff was married to Rolling in the year 1835. He then observed taatthis man was sprung upon them at the last moment, and they had not had the least opportunity of making any inquiries about him, and he urged that a person who could put forward a shabby defence such as this, was very, likely to procure the certificate of marriage of other persons in order to support it. Baron Bramwell, in summing up, said that Mr. Denman had done quite right in pressing his view of the case upon the jury, but after all the only question for them to consider was whether the plaintiff was married in the year 183;5 to the man who had that day come forward and claimed her for his wife. The defence was undoubtedly a shabby one, but, shabby as it was, that was no ground, and it would be a very lamentable thing if it were allowed to be so, to justify them in returning a verdict contrary to the evidence and to the dictates of their own consciences.

The jury, after deliberating for a short time, said they were of opinion that the marriage had been proved, and they then returned a verdict for the defendaut upon the plea of overture.

The Ham Arkansas and the Fedbrat, Fleet.— The brilliant frxht of the Confederate steam raiA Arkansas and the flotilla of Federal gunboats ab Vicksf.urg has relieved the monotony of the details of skirmishes or ineffective operations with which we haV'i b?en for some time supplied. It was a dashing exploit-ami has been eminently successful. The New York Tribune correspondent givas a long 1 and interesting account of the affair, in which he says :— She lias braved our en ire fleet, and run the gauntlef of fiif'Km of our best vessels in broa I li'hfc of open day easting the glove of defiauce down, aiid braving them in their chosen position. It cevtainly is not gratifying to_ our national ?>rMe to think that a small vessel, with twelve awns, movod slowly, quietly, and unconcernedly by fifteen national vessels, cairyineSOO !*un« and escaped with impunity. At leaving the Yazoo river she first encountered the wooden steamer Tyler, over the ilaik of which a round shot from the raysteiious cr.ur. went howling in aa alarming style. An-nothei-iiml another followed, and the craft increased her speed perceptibly, the Tyler meanwhile turning to Rive her a broadside. Before the Union vessel was in position, the enemy was upon her, and discharged three guns at her in vapid succession. The Tyler fired her broadside, but the shot seemed, even at 'tint dislance, to have uo pffijet on the rebsl. while the latter Jiad pierced her opponent in several plaoos. The stranger was iron-clad, and very strong. There was no longer any doubt that she was the Arkansas. The Tyler soon turned her bow and steamed for the Mississippi. In following the Tyler the Arkansas soon eanie la siorht of the iron-clad steamer Carondelet, which fired on her, and received hor heavy or;Hia.aoem return, several shot and shell passiug through the wooden portion of the National ship, and killing nine men ami wounding twenty-two. Far a iW minutes the fight was very brisk, but it soon became evident to Captain Walkc that he was no match for his antagonist, and he concluded, therefore, to board her and for this purpose ran alongside of the ram. The men of thb Carondelet got on board the Arkansas, but found it impossible to get below, ?o they were, compelled to return to their own vessel. In the et^ counter a shot from the Arkansas had burst s\ steampipe on the G:irondelet, causing some forty or fifty rf her crew to jump ovcrbowd, iind. as aftewoftljem are missing-, thsre is little doubt fcV"y were drowned. The iron monster did not stop, but continued her course steadily and slowly toward our vessels, keeping iv the channel, without turning to the right oj? left, but firing her guns every few seconds at the nearest vo3«ek That was a formidable gauntlet to, run. Fifteen war vessels an-t seven rauis. Would shs cinteml with them alone ] Could she hone to escape them all? Did she flare to rush upon her own destruction ? From her movements she evidently did Tnere were the Hartftrd and the Richmond, with their huge 'utteries of tweuty-six Runs each: the Oneidii, the IriquM3, Wfcsahickou, Scioto, De Soto. and Wyoming, of Farrajut's fleet : and the iron-clad Jienton, La^ex, Cinsinnntt. Louisville, Sninpter and Ganeval Bnw«, of Davk's fbtiila, with tho wima Switzerland, Queen of the West. r,:mca^i\ Min»o, Lioness, Home', and Fulton. This formidable array had no terrors for the Arkansas. She raovsd as if they had not been there ; and many of the offlcars of tlieti-et ware for a m.am >nr, lost in wan-term, >nt at tue extreme holdneas of her most perilous attempt s she moved, down one of Farragut's gunboats opened lire upon her, and then another and another. * Whether they struck her or not could not be perceivedbut their shot could not have harraeclher. , She re^ plied promptly, and the fire soon grew warm. The hot su-nmer morning th-illed with the roar*of battle * and the shell* went hissing through the like "Teat serpents, wri thing- destructively through apace. °Th 9 tew sileneos were impressive -almost awful; and I could hardly turn my eyes away from the small strange, fearless craft, descending the river with the black trail above and behind her, and the baleful flash of her' steadily-replying guns. The Arkansas snon arrived where several of the rams were lvin»' and the Lancaster turned to butther, Just as tha ram had presented her side, the rebel flred two of her guns, and instantly steam in great volumes was seen to pour out of the Lancaster. The mud-receiver of" the ram had exploded, hut with how fatal an effect was unknown. Yis^ons of sealdad wretches rose upon my sight, an.l I hearJ, not with imagination's ear. the \yai}, and moan, and cry of those that were in physical agony— the cry tint penetrates the ear like snarpened steel. A skiff, crowded to its utmost capacity, put off from the Lincaster, but before she reaped the shore, she sunk, but nearly all her inmates jsome twelve or fifteen) save two or three, were picked up by tup that went to their assistance. The Richmond and HavtFovil fived a number o.f guns aa the dangerous enemy passed. The Oneida blazed) the Samter and General Bragg let off- their Dablgrens; Farragut'a gunboats th.rew ponderous shot ; thi Cinouinntt and Louisville thundered; tho Es'ex and Benton howled, forth their vage in the shape of immense shells', at the arch-foe. But the arch-foe hesitated nofc-vecked not— turned not aside. Onward and forward tha Arkansas moved, a*s if she were covered with tha ar-> mour of invincibility, and bdyond. the !powor of harm Again and again her guns ffrshed. She paid Jter res« pects to all, and the water, and the trees, and the snores bore the marks of the falling shot. In the dis tant far<j9t a live oak was rent as by a thunderbolt and m the remote fields the earth was ploughed tju fcsnL" 8 /*!™ 11110 had oXplod6l i« dearth? The Sidney C Jone S , one of Commodore Porter'a Zw 1 !,, 1 ' J haTC forg ? tfc 1 n t0 m9nfclon J wk blown up by her own men yesteixlay, fbr feav, as she was hard aground, that she would be captured "by the two 32-pounders the Jones carried were spiked, and oK^ i ymg ln *h mnd attho Lottom oT the river, lhe cavelesaness of the cww.had earned the beaching ol the Jones, and her destruction was a military net eessity under the cirenrastauces; r The Late King op Prussia.— Not laniW the King, niter a copious dinner, threw hitnself heavily on to Ins bed, which broke down 3u tl^e midaie, and heTingnly ordered carpenters to befetohed to repaip the damage. When they arrived, h.owever, : the Kins' was so fa3t asleep' tha.t no, one dai'eJ Hyake , him, and the men waited, half the night. -' When ' the ' Ring a* length, a^oke, he wondered whete he waa, but sooa he»an abusins; again. One of tha inon' standing outside said, in delight, " Why, he's a better nand at \t than we are"— Ths Journals of YarnAatfen van JSnse —[Tagebfyther. vqn VarAhagmi pon]E)^eA