Star. — London, England, 1801-07-08 00:00:00

LAW INTELLIGENCE. COURT OP KOMI BENCH, JULY 7. HARRIS V. MORRIS. Mr. ERS KIN r opened the Plaintiff's cafe, from which it appeared that this ation was brought by the Plaintiff againft the Defendant, to recover pl. its. under thefe circumstances :— Both the Plaintiff and Defendant are by trade Taylors, and married to two fillers. The Defendant was not very well fatisfied with the conduit' of his wife—he alledged that the was addiaed to drink. ing, and therefore he turned her out of the houfe. The Plaintiff, who had married her filter, humanely took her in, and fupplied her when the was very ill, with every thing that was neceffary. This woman had tol. a•year fettled upon her for her foie and feparate ufe, independent of her hufband, and had the power of appointment over it. This aBion was brought forfupplying her with neceffaries and with medicines, when the was extremely ill. The firft witnefs had been in the Defendant's fervice when her Miftrefs was turned out of the bottle. She faid the was in the kitchen with her mailer and mittrefs, when her miftrefs anted him if he could be fo cruel as to turn Itt- out ? " D—n you, (laid he) if you do not leave the bottle, I'll kick you out."—Fle defired her to bring down her box, which the did ; he corded it, gave her half-a guinea, and turned her out of the houfe. She, on crofs examination, did not know that her miltrefs bad ever been criminally conneited with a Shoemi ler, a Frenchman, who lodged on the oppolite fide of the way. Her millrefs fometimes froiled to him from the oppofite window, but the did not know that any thing improper had ever taken place be tween them. The Plaintiff is a Mailer Taylor, and the Defendant a Journeyman. Another witnefs laid, the Defendant had told Um, when he asked him how his wife did, that he hadfent Madam about her buliners. She had been at her old tricks. He ailed him what he meant by her old tricks ? The Defendant replied, the had been pawning and making away with all his things. The hutband did not then aceufe her of having been guilty of criminal converfation with any perfon. Lord ICallYON•••." What can I do with this Jour neyman Taylor ? The law was laid down !so years ago, by Lord Hale, who laid, it had been the law in al l times, that the hulband was bound to maintain his wife up to the extent 'of his abili ties. But where the fituation of a hufband is fuch that he cannot maintain her, by the laws of Coo, and by the laws partly alto of man, he is re lieved from that maintenance.' The humanity of the public comes in aid of the law of the land, and is fuppletory to it. There is no law which compels a man to contrail debts and put himfelf in jail, even to fupport his wife, great as his obligations are to fupport her. She has tol. of her own, and although that is inadequate, yet if her hufband is in a condition that he cannot fupply her with more, the mull refort to the two fourcfs to which I have alluded—to the humanity of mankind, and to the laws of the land, which have provided hofpitals and other afylutns for every fpecies of diftrefs, to a degree unexampled at all times, and in all coun tries. I cannot fee how I can exempt this hutband from maintaining her, on the ground that (he had mitiondulted herfelf. 'There was a fpecies of mif conduft, but not fufficient, in my opinion, to war rant the hutband to fend her away. But aam at a lots how to call on this hufband, fo fit uated, to pay this demand. The Court of Chancery had given her all that belonged to her, and bad fuper added to that a power of difpoling of that pro perty. Ido not fay, if the bulband were able to go ftrther, that he ought to flop here. By no means." Mr. ERSIItne obferved, that in a cafe decided by Lord Mansfield, the name of which he did not re cone& he had laid down this; and he thought in this cafe he thould be able to bring himfelf within that principle. He thould be able to prove, that fubfequent to all her mifeonduft, he ••himfelf was difpofed to make an addition to the tol. per an num ; aid therefore be could thew out of his own mouth that his abilities extended beyond this IGL tie as willing to add to it three thillings a week. Lord Mansfield held, when a hufband under cir cumftances fimilar to thefe, turned his wife out without an adequate caufe, (for he admitted, if The was living in a courfe of adultery, the was in titled to nothing from her htiffiand), the creditors of the wife were entitled to nand in the (hoes of that wife, and to recover from the hufband that which the wife was entitled to, as for alimony, in the Spiritual Court, and alto to what the might re ceive is eonfequence of the indulgence of her hoc band. That the Plaintiff was entitled to recover according to that leak of ability which the Defen dant had admitted, by his own dechradon, was what he very humbly fubsnitted to the Ivry. The Counfel for the Defendant laid, his Lord fhip and the Gentlemen of the Jury could have no poffible difficulty in this cafe, when they had heard the whole of it. The Defendant was a molt un fortunate man, in conliquence of this marriage, which took place when this molt vrorthkfs woman was only 19 years of itge. She was a mantna maker, and in confequence of her grofs due, he had been reduced from the fituation of a Rafter Taylor to a Jourseyntan. He mould prove that this woman had eloped from her hdband, had lived in open adultery with a Shoemaker; that after he was tired of her, and had fent her about her hutinefs, the went into a werkhoufe, and after wards into the Magdalen Hofpital; that after the h.d been there fome time, as the (hewed a great deal of contrition for her milcondua, the Defen dant forgot every thing that had paired, and took her home again. And after fome time, the re. Japfed into tome of her former vicions ann-fes, when he found it abfolutely neceffary to put an end to the conneSion. She had been before a Magic. trate of as great humanity as any in the Ci utmif liion (Mr. Conant.); and after he had been made acquainted with all the circurnolances of the cafe . he only allowed her us. 6d. per week. The fans of this opening were fully proved by a number of witneffes. Mr. Easamosa, in hisrepty, among other things, cl - Xerved, that be felt th e propriety of every qua - Lle of what his Lordthip bad Gi4l. on die Law the cafe. He admitted that the Defendant was very much to be commiferated. His wife had be hayed in a tnanner moll unworthy; and there could be no doubt, that if at the time Pae-was 'iv- ing in adultery with the different perfons alluded to, the hufband had thought fit to cut the knot, no man living could have called upon him for any demand on her account, even of the moil prelhing kind, becaufe, as his Lordthip.had truly Paid, the religion of the country, and thole feelings which Goo had implanted in the human breatl, would be .fuppletory to the law, and corrpallion would hold its place. The Jury would put out of their con fide:ation every thing that happened before he took her under his roof again. He thought it unwife in this hatband to take back this wife ' after lie had fir y tnifcondulted herfelf. How ever, he haciTo fsi mpatfion on her, and received her again under his roof. She was reintlated in her fitbation as his wife, and would hart been entitled to her dower, if he had been poffeffed of any real property, according to all the principles and au thorities of the law. Subfequent to that time there was no evidence produced to thew that the had relapfed into her adulterous courfes, at the time the was fent out a fecond time. She had gone to her old tricks again, of pawning. The Counfel here made a number of ingenious obfervations on the evidence of the different witnefres, and fubmitted, that in additicn to the tot. a year, which this wo manh had in her own right, the Jury ought to give her three fhillings a week, the thin which the De fendant.bintfelrttas willing to allow her ; and if fo; 'he rubmitted the Plaintiff had a right to (land in her limes, and to receive that fum from the De fendant. Lord 'Wixom laid, that the evidence, in this cafe, muff give pain to every one who heard it.— The demand of the Plaintiff, as appeared by his Bill of Particulars, was 311. i as. for a few months neceffaries for the Defendant's wife. If the wife was living in a Rate of Adultery, or was not gtine by force from her hufband, beyond all doubt the hufband was not anfwerable for any debts of her contracting. But fuch was the confequence of the hufband's receiving her again, that he reftoded her to all the rights fhe had before the feparation ; and although he would not be liable for what the had while living in Adultery, yet there WAS a claim upon the Defendant, abundantly large, if the Jury thought he ought to pay it, which was 25 guineas and a half. The firft point was, whether the went voluntarily, or was forced out of the Defendant's bottle ? Upon which there was fome variety of evi dence; one Witnefs having faid, that the hufband laid, " if fhe would not go, he would kick her out." Another, that The had faid, " (he had volun tarily gone out herfelf, and did not chufe to return." The conclufion of the Law was fairly drawn. If the Defendant's wife was away from her hnfband againfi his confent, he was not bound to maintain her ; but if he turned her out by force, and fhe was not living in an adulterous courfe, he the hufband, muff be taken to have turned out along with her, credit to fupport her with the neceffaries of life, fo that it did not go beyond his ability ; and then the queftion would be, " Whether the Defendant's ability could be faid to extend beyond this tol. a year ? Or whether this rah might not be confi dered as being futhcient ?" Whether any thing was to be added to that furn would be for the Jury to determine. The letter of the Defendant's Attorney was very properly preffed on the part of the Plaintiff in fupport of her Cafe, fince it mutt be taken to have been written under his authority. By this it might be fuppofed that the Defendant was able, as well, as willing to allow thefe three (killings a week. He was not fure, however, his Lordllip faid, that fuch a conclufion was inevi table, for many inftances occurred in which a man might make fomething of an offer, which be might have no hope of being able to fulfil. A man might have a debt out-Banding and demands againft him, which he had no reafonable hopes of being able to pay, and yet, under fome circum (lances, he might undertake to do fo under the preffure of circtunitances. This Defendant, a jour neyman taylor, could not look, with any hope, to the poffibility f being able to pay this debt of 251. or guineas, and to continue it at that rate ; for it was the charge of only a few months. His Lord (hip was therefore not fure that the Jury would fay that this Defendant ought to pay thefe three dill lings a week. Befides an offer to pay a fum of mo ney in order to get rid of a difpute, proved nothing. Why did not the other fide take the money? No, they would not take the money when it was offer ed, but brought their anion to take the chance of getting more, and finding that chance lefperate. they ,low called for the performance of that offer; but it Ibould be underflood, that an offer, unlefs it be accepted, mall not bind a man to any thing..— As to the advertifement of the Defendant, Bating, that he would not pay any debts contra red by his wife, that of itfelf would not be futhcient, nor would it, at any time, be fuf fi cient, even if he had gone and given perfonal notice to every one who knew her, that he would not be anfwerable foraay debts which The might contrail, to take away his liability to pay for neceffaries for her, up to the extent of his ability, provided the did not go away of berown accord, nor live in a Rate of adultery. As to the general mircondult of the Defendant's wife, it was certainly very glaring, but his taking her home a fecond time, took away his right of ob. jeCtion to it in this adion; and all that he could objed to her, muff be confined toher conduit fence that period. Certainly. whatever jealoury might be felt. there was no proof of her adultery fence the lecond feparation. The Jury, as men of the world. -would judge of the whole cafe, and confider, whe ther this journeyman taylor fhould allow this un happy and worthlefs woman more than 101. a year. Upon the whole of the cafe, they would judge, and his Lordfhip was Allred, their verdid would Jo juftice between the parties. The Jury were going to deliberate, but it was agreed to fare them the trouble of deciding upon a verdiel. A Juror was withdrawn, by which each party will have to pay his own colts. WILDWAS W. SWITII. The Defendant had fold a mare to the Plaintiff. which he warranted found, andfor which he reeeiv ed forty4ve guineas. 1:110iwas cad* ark of Mayi, on the 29th the was &Covered to be unfound. The PlaincifF,therefyre fought to reco ,, er back the money. A farrier of the name of Mafcall exa mined the mare, and was of opinion that at die time the was fold the might have been tutfound, as there was a callous fubßance on her off fore leg, which muft have arifen in confequence of Tome former hurt, and not from any recent one. Seve. ral witneffes were called, who gave timilar evi dence. To rebut this teflimony in favour of the Plaintiff, the Defendant called a number of -re fpeaable witnetfes,who Rated that they had known the mare for upwards of three years i they fwore, that at the time the was foid, the was perfealy found, and is fo at this moment. Mr. Coleman, Pmfelfor in the Veterinary College, Rated that he had examined the mare, and was clearly of opi nion, that the is in a found Rate. He faid, that whenever a horfe has what is termed a callous, it never goes off ; therefore he was of opinion, that the judgment of Mr. Mafcall was erroneous. He admitted, that for violent exercife it was not un common for horfes to have an exuberance, but that in a Ilion time would fubfide.—Thc Jury found Verdict for the Defendant. rotsrtz V. BURCH. This was an aai.,n brought by the Plaintiff, a coachmaker, againd the Defendant, a very young man, for 751. the value of a gig, which the Plain tiff built for him. The Defendant pleaded, that he was under age when the debt was contrafted. The Plaintiff replied, that he bad made a pro. mife to pay him after he bad become of age. It appeared, that the Defendant is the fon of a Gentleman in the Pipe-Office, and is not entitled to a Ming but what his father is pleafed to allow him. That the Defendant was not above 57 when this Gig was ordered, and at that time he wrote at his Father's desk, and that this was known to the Plaintiff. After he came of age he wrote to the Plaintiff a letter, Rating, that his affairs were to be fubmitted to his Father, and this among the reit, and the Father had propofed to put the mat ter in a train of fettlement. Lord Kauvom faid, that the Law in thefe cafes was as clear as the fun. An infant was anfwerable only for that which was neceffary, if he bought it. Now his Lordfhip was of opinion that a Gig was not rieceffary, and therefore the Defendant could not be liable for it, unlefs after he had come of age he had erprefsly protnifed to pay; but that mull be a clear and unconditional promife to pay; any thing of a condition in the promife would make it void. It had been held by Lord Mass r; LD that, " I will pay you if lam able," would not do. The Lawguarded infants from the effeasof rafhnefs in thefe cafes, and it did wifely, for other wife young men of confiderable expedition would defeat the hopes of their relations and deftroy their profpeets in life, and the peace and comfort of moll of the families in the kingdom might be deftroyed. It was propofed that this fubjed fhould be re ferred, but Mr. G*aaow, the Defendant's Counfel, laid, he could content to nothing, in Court, in this Caufe, but that of nonfuitins the Plaintiff. Lord KINYON laid, there was nothing clearer than that this anion could not be fupported— Plaintiff nonfuited. STURTv.THEMARZUISOFBLANDFORD. In confequence of the prejudices entertained-by the public on reading the account of the action brought by Mr. Sturt againft the Marquis of Blandford for criminal converfation,the former has thought it zdvifable to publifh a vindication of his own conduct in that tranfadion, and to repel the in- finuation caft upon him "of having connived at the intrignes of his wife," Mr. Sturt teems particularly anxious to clear himfelf from that part of the evidence againft hint, which is contained in a letter written to Lady Shaftefbury, in which he gives a defcription of the family at Critchill. He writes— ,, We are not very gay, but drefi very fine; the Marquis. with his fingers loaded with rings, and my wife with trin kets, ear-rings, lion-clafps, and handfome gowns, which the Marquis conflantly gives her." Mr. Sturt obferves--a It was my misfortune to become acquainted with his Lordfhip through Lord Shaftefbury, at his Lordfisip's houfe. I invited him to Critchill; he came with eight or nine horfes, fervent, in proportion, and lived in my bottle for near nine months. I received him with hofpitality and friendfhip. At a time when Blenheim was not fo agreeable to him, my doors were generoufly thrown open to him, as they ever have been at all times to my friends; and he came to me, and was hofpitably entertained, with an eftablithn:ent near ly as great as my own, for feveral monthi at a time, and at different periods." ILe fpeaks alto in vey thong terms of the lan guage of the ATTOLIIIT GBIIIIIIII, in pleading againft him. He fats—" The Attorney General having indulged himfelfinatorrent of abufe againft the charaaer of a man with whom he was totally unacquainted, though it is not abfolutely without precedent, is certa inl y without excufe. and deferves the feverck reprehenfion. It was not neceffary for the fake of public juflice, that be fhould have been violent becaufe I had been credulous and impru dent • nor is it an apology or an atonement for the wound given to my feelings, that if the Attorney- General - had been retained to fupport the profecu don he would have exerted himfelf with equal force and fuccefs againft my opponent." Mr. Sturt then obkrves—a The letter written to Lady Shaftefbury, when at Weymouth, was the fubjea of much fevere animadverfion ' from a man as coarfe as he is dexterous, to wove that this letter was written by me with a flail con. iaion of Lady M.'s guilt. It was written in anfwer to a letter of Lady Shaftefbury's, when at Weymouth, inviting me there for the advantage of warm lea. bathing. This letter was written fix weeks before I made any dircovery whatever, or entertained the fighteß fufpicion of any improper intercourfe. —I folemnly proteft. it was written without the fmalleft view on fufpicion of any fort, Tolely to make out a letter to Lady Shaftefbury, ridiculing Lord Blandford's &ding himfelf fo abfurdly,with ady Lady Mary and myfelf in the bottle : I think. as far as my memory will allow me, I tired the term petit maitre. I likewife ridiculed Lady Mary's finery, but I had no authority, I proteft, for raying the baubles the-wore were prefents ; being in pof fdlion of 4001. a year pin-money, and knowing the was in the habit of fending orders to milliners and jewellers, I knew it was in her power to order what (be lik,d." To the trial are annexed the letters addrefed by the Marquis of Blandford to Lady Mary Stunt. As neither the hie nor the .148 is fuch as com monly falls within the range of our reading, we prefent our readers with a few extraOs, with out comment. It teems that Love, which, ac cording to the Poet, " fubdues all things," does not exempt from its triumph cowmen 'cafe. " Half putt Eleven o'clock, Tucfday Night. " 1 meat employ a few minutes Co agreeably, my dear& dear, as in writing to you; this you will fay you knew before,but I like to repeat It ; it is a truth which cannot be too often repeated. The plant you fent me by Fellows I keep in my room, and tut it out at the window every day, and take it in in the evening: I value it more, ten millions of dines, than my whole eolledion, and (hall let no one have the care of it while 1 am here, bat water it and totter it mytelf. You tied it up with pink cotton; I have takes off the cotton and keep it in my box, with every thing elfe you ever gave : I will not lore it for worlds. Tell me that you tkell it up; lam &knoll lure though that you did. To-morrow will bring me a letter from my evar dear Mary Ann ; how happy thall I be if I bear the continues wen; Good night, my love ; I hope I Dull dream of you; indeed I do. I ana fe glad you have not had the heart-burn, and that you take magnets fot it. I with you would let Mr. King feel your pulfe now and then— becanfe I know to much depends upon there being no feveriat fyrnptorrts beforehand.' Do, my dear, to oblige me; make a point of doing it, and let me know what be rays. I mould like a brads of pheafants, when yent can fend any. You au, /laud upon my taking every poffible care of snyfelf; indeed, my fove, I will, Steatite you defire It. Don't read the Children of the Ab bey; I thall like Co to read it to you when you are getting well." " Dear Lady Mary Anne, " White Knights, Friday. " I fend you fame Pannefan chafe, as I know you we fond of it ! I hope it will be as good as theta& I &alibi: very hap py to hear from you that his good. I have not heard from the Shaftelburys this long while. I know not where they are. I ble Clark, will writer word whew per are miefesed. The fem fon is uncoonnonly doe; 14 4 eat fell ifiva.frigur • r•Ar• as Resin" Lit Saimaa,. Reewiliier rki Charles, and bedew me fluently yours. " BLAND ORD." II TTTTT . " I ventured relying upon this, to fend you lonic boob and fame prunellot ; and I fig! venture further now, to fend you a gown, which is prde am. Alas! new or old, farmmly, ft would have pleated you ; perhaps it may Rill. r• arep/ . .a. I knave you are, I feel you are, and your love crafted a change in me, which none but yourfelf could have done. Oh! my molt adored Mary Anne, tell me only that you eat of the pruneUm I fent, or that you read a line in the boas I fent you ; this alone will now give roe hyping:fa ; a very ,aoildag will give now a comparative heaven. _ • Friday. " My aftealthment artd inifery at not bearing from you, my deareft Mary Anne, peas all bounds; tell me, I conjure you. what I can do to retain your loft affedtioo, and I will do It. &mild it be work than the rack. My (cures are nearly gone& but Rill it Is in your power to ram a fellow-creature ; fo pray. pray (pare me. my dear : I to fay more, though I amid write., volumes. Adieu you can with, " B ." " White Knights, Friday, January 3 0 . " I think I may fafdy write you a private letter now.—l know not bow to addrefs you, but rather than to put any thing ill-na tured or croft, I mall put nothing at all. You may fairly fancy whatever will give you molt pleafare ; for to give you pleafure is, and always has been, the Rudy of my life; and I can fay more, always will be. Judge what my feelings mutt be, lutereited as I am about you (foe this you know), to be kept In total ig'no- ranee aboit you. 1 that am uneafy, when you arc not in a ai -1 deal atuatloo like the prefent one, if I do not hear often about you; how much tuore acute my Raley moll ►e now! Surely I gave a very good opportunity for your daughter to write to me, and rarely the might have fald bow you were in her letter: it is a fortnight to-morrow fines I have heard from Crltchiß--• Ob ! dear me! " If this letter remains, like my former ones, tinanfwered, I cannot help it; I mall however have one (mall confolation (and (mall indeed in comparifoe with having loft your affedlion), I mean that of having omitted nothing which could poftibly bring you to a right underftanding refpeding me : me, who, let what will be your fentiments, have never ceded (and to the lob at my peace perhaps I fay it), never can cede having any other fentiments for you, but the grettek love and true ft aft'edtion„ grafted upon near UM years acquaintance, and sow ftrengthesed by the neareit and deareft of all tics. I need not explain more ; I cannot really fay more, and believe me I del more than I utter. Give me not up then, dear Mary Anne. Prey, for the love of Goa, do not take any thing waifs in this later; for, fo help me GOD with it to convey to you only what we and muft be pleafing to you, if you ftill love me, or have ever done it ; and how can f doubt that ? All my fentinsents, dear Mary Anne, arife out of you, and all my willies fpring towards you; how can I then live without your affe&on, and now form sinew route of life, apart from you No, Mary Anne ;it is Impof- Lble. Remember , dear Mary Anne, you have no proofs that I do not love you, and ten theufand that I do. My crime ia loving you too m uck; a crime which any one may acetate ma of, except you. Now and ever, &mit Mary Anne, " Moil fineaely, and truly affeelloaately„ B nnnnn cap." IiTRACT. Oh, my dear, could you read my heart,you would convert alf your blame into pity. Yon would allow, that what I kaie fut. freed more than news fir what I have eeeniMali but I leave my naafi weed Go, It is he who entift incline you to read my heart right; and. as you know my eonftancy, to pardon my other fallings. Why have you flopped the bilenits coming to you ? Not becaufe4 fort them 1 I hope not, my dear, my ever dear and eternally beloved Mary Anne, I am Cure that was not your reafoo. I know you long to forgive me, my dear, I know you do; prey, my angel, do, pray pet mein Heaven, for you don't know what I have (offered ; and I really believe that, bud not your mother, who wrote to thank me for fame plums, veep IdoMy told me that you and your little girl were going as wdl. I &odd net have furvived the fufpence. Not one night, mg dear girl, few I frilattnvyisti foeyar : eel I ass was rassid dial Ng &errs haw safailawki f year sretfere at leaft the Islat is Co pleafingte me that I cannot give it op. The following was written after his difcovery My err-beloved Mary Ana, March s 9, dot • If you can forgive me from wham an year wretclaednefs tioar fprinp, for his fake give attention to what I have to fay. I Intreat, I conjure you, not to add your lifph afore to my other misfortuoes; the latter are to be borne, the filmier is not ; lift may linger on with the Luter,bot cittfolution mull accompa ny the foram May that GOD, before what tribunal we than all Rand to anfwer for our tnnfirellatiti may he wimefs what I flew, that death alone mall tieftroy one particle of the of eetion I bear you, and that (have the °owlet/on in my own mind, that me creature ever loved more than I love you. Yon know that my love for you is not a fudden thought; you know that it is grounded on near eleven years Intimacy; you know that I Oar. rift. to get tees better of it, and that that faded; you know that I tried an alliance front you for four years and that that fatted J. 1 .1 lope, I need not fay mom to convince you cribs lose for you, and the certainty of my cocas:ley. the Marquis then propofes an elopetnent to Switzerland, and concludes thus : Isar me then to lope, my deareft Mary Aare, that my to- Mod* love for you will fools he rewarded by you, and that ion edll lbw Fat as cod to a mifery, whieb it b net in the low et ages our to (often die rigours of but yearkF; and Ism dos, IN his Make bounty, bin whom (s. Wean be Ile arm %by de tones yew lbw w and il ib=e to pa =:171! O- M ' lain I emit hal; at, fair the IR"( :bat; e whoa cm; attachOmM rum yaw bout In my favour. kola theqftes. tar ow led able hoe urreeriteig 8 1.111:1" seikn V %do I boo lb •