Page:The English Reports v1 1900.pdf/781
would make an ample provision for her, in case she should survive him. This raised the jealousy of the appellant's children by his former wives, and a scheme was formed to supplant the respondent in his affection and esteem; and one Edward Cloran was pitched upon, as a proper instrument for carrying it into execution. This man acted in the appellant's house in the character of overseer, and by his pretended honesty acquired the confidence of the appellant, to whom he insinuated that the respondent had embezzled his substance, to supply the wants of her children by a former husband. At length his insolence arose to such a pitch, that he abused and beat the respondent's eldest son, who frequently visited at the appellant's house.
The respondent complained to the appellant of the treatment her son had met with; but the appellant's mind had been so poisoned against the respondent by the false insinuations of Cloran, that instead of redressing the complaint, he flew into a violent passion, called the respondent many opprobrious names, and swore she should never lie in the same bed or room with him; and upon the respondent's expostulating with the appellant, he gave her a violent punch of a bill-hook in her side, threw her down, and seized her violently by the throat. And although a very sickly woman, and advanced in years, she was soon after, by the directions of the appellant, confined in a small cold damp room, and fed with the leavings and fragments of Cloran and one Lynch a thatcher, who frequented the appellant's house, and was called the Governor, with intent to starve her into a compliance with their schemes. This Lynch was employed to bar the room door where the respondent was confined, and to fix an iron chain and padlock to it every night; and the respondent, from the cold and damp of the room, lost the sight of one of her eyes and the appellant often, during her confinement, told her, that if she would not agree to quit his house, and take a separate maintenance, he would lock up all the doors, and would not leave one living creature in the house but herself; and that she should have neither fire or candle light, or any subsistence whatsoever; and that if she did not take £20 a year, she should be still confined, and should never have so good an offer made to her again.
The respondent in this distressed situation, was obliged to execute the following instrument, which the appellant, or his son Charles, had caused to be drawn up.
I do hereby promise and agree, to pay my wife, Catherine Lambert, otherwise Rolleston, the sum of £20 sterling yearly, during our separation, to be paid in two payments; that is to say, £10 every May, and £10 every November. And in case the said Catherine Lambert, otherwise Rolleston, should survive me, this instrument to be [20] then void, and she is to have the benefit of our marriage articles, and no more; which articles are witnessed by her brother Francis Rolleston, esq. and John Leary. In witness whereof, we have hereunto set our hands and seals, the 29th day of November 1762, Walter Lambert, Catherine Lambert. Present John Lynch, John Butler.
At the time the respondent signed the above writing, her treatment was such that she was in dread of her life, and would have signed any paper they produced to her, in order to procure her liberty; but after the execution of the writing, having been visited by some of her friends, she was advised by them not to quit the appellant's house at any rate, until she was actually turned out; for that the provision made for her by the appellant, was too poor for the wife of a man of so considerable a fortune; and thereupon the respondent absolutely refused to quit her husband's house: upon which, the appellant and his son Charles Lambert redoubled their cruelty to the respondent; kept her more closely confined in the damp room, and turned off a servant for bringing her a little turf for fire to warm herself. But finding that all this barbarous treatment did not produce the intended effect of making the respondent quit the house, the said Charles Lambert prevailed on the appellant to order all the furniture and kitchen utensils to be removed into the brewhouse, and to quit his own house, and to reside with him, leaving the respondent confined under the controul and dominion of the two instruments of his cruelty, Cloran and Lynch.
In some time afterwards, the appellant, with his son Charles, returned to his house, where the respondent was still confined, and seised all the papers belonging to the respondent, which they could find; and immediately after, Cloran, by the directions of the appellant and his son Charles, forcibly dragged the respondent out of the appellant's house, and greatly abused and cut her.
Not yet satisfied with what had been done, the appellant and his confederates
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