Star. — London, England, 1818-04-25 00:00:00

LAIr INTELLIGENCE. COURT OF CHANCERY, APRIL 114. 4. THE COUNTESS OF ANTRIM AND OTHERS. previous proceedings in this important case - the STAR of Wednesday, when Sir S. and Mr. AIERCROMBY were heard in sup motion against Lady Antrim, and Messrs. HART for her. LORD CHANCELLOR came into Court at ten when the case was again heard. The Court crowded to excess, and we have seldom seen so Counsel present. nICITOR GINZRAL said he appeared as . Lord Stewart, though the motion now consideration did not at all affect him, but 4y Antrim. It appeared, however , that his Friends had thought it their duty to blend on of Lord Stewart and the motion toge that it was his duty now to vindicate Lord from the imputations unjustly thrown on could have wished, and indebd had said earlier stage of the business, that it had privately, not because Lord Stewart felt anxiety to have his conduct privately investi because his Lordship was desirous to avoid feelings of others, which he knew must necessarily the case if the proceedings were pub however, the Learned Counsel on the other l chosen to make it the subject of public dis it was necessary for tim to go over all the . the case, that the public night see that Stewart had acted with that honour and can h had always characterised him, and at time with a due regard to the young Lady. saw the affidavit which Mrs. Taylor had . considered that it was founded on anony letters, of no authority, he could not conceive could, in the discharge of her duty, be at d to make this the subject of public dis- Among the objections to Lord Stewart he several were personal, to which he should allude. She considered him an unfit hus. her niece, on account of his being the son of an Irish Peer, being a widower, 40 age, having a son nearly as old as the niece, issipated and irregular habits, &c. Now, such charges agatnst the Noble Lord, he contend, that Mrs. Taylor should have made inquiry before such insinuations were thrown lis Lordship was Colonel of the 25th Dra and a Lord of the Bedchamber, which pro him £3,700 a year—he was besides, Am - from his Britannic Majesty to the Court of for which he received £12,000 annually ; in to which he Was allowed £2OOO a year by , and he had 26,0001. of personal property. event of surviving his brother, Lord Castle should that Noble Viscount have no children, he succeed to a property of 18,0001. in the County He was advised and believed he could join second wife with 10001. annually, besides rai -0,0001. for the children of that marriage., Now such was the case he would ask, was the brought against Lord Stewart by the other all likely, viz. that he was seeking this young olely for her large fortune ? The conduct of Coble Lord sheaved he was incapable of acting :h a base and sordid motive, and it was most • to make such a charge, as it also was to al contracted debts, for which there was no aion. His habits were said to be - dissipated Igular. Considering the honours which were reward of his Lordship's gallant conduct, he was , ished at such a charge against him. The very he now held as Ambassador,• was a proof :cusation being unfounded. His Lordship . reluctantly made an affidavit in reply to 'hich he narrated all the events of his past life, Led on the accuser to point out a single in his conduct being irregular. Ile said the was made reluctantly, because it at all times unpleasing for a person to be called on to __ himself. It had been further objected, that Lordship's introduction to the Lady, and his pent addresses to her, were the effects of a contrived between him and Lady Antrim, and' - understood, was the principal objection to aerence being made to the Master, because the Gentlemen on the other side contended the facts pro 'uced were sufficient to shew there had been a plan ween the two. In reply, he would read part of ffidavit of Lord Stewart, which stated, that his ip being at her Majesty's Drawing-room, on 26th of February, saw Lady Antrim and her 'titer; that he had known Lady Antrim and ttroduced to her daughter somc time before ; of common courtesy he had banded the fighter to her carriage, and that this happened by :eident. Mrs. Taylor, on the contrary, said that • niece had told her that she expected Lord Stewart - Drawiug-room. This was very probable, be from his rank there was every reason to believe ld be there, though he positively swore he given any intimation of his going there. He seen the young Lady at several public places, cknowledged that the qualities of her mind had an impression on him—that he had avoided tg his Royal Highness the Prince Regent as Antrim's on the 13th of March, understanding would not be acceptable to Lady Antrim, whom afterwards satisfied; that on the 9th of April he informed Lady Antrim of his attachment to the -titer, whom he saw in the evening, in presence M'Donnell, before whom his proposals were accepted by Lady Tempest; and finally, he de d, that every part of his conduct had been open :andid, aid always in the presence of others.— subsequent affidavit he most solemnly denied o ever, directly or indirectly, attempted to pro an interview with the young Lady ; Sir Samuel `ly had expresse4 his surprise that Lord Stewart take such pains to vindicate himself ; but was wondered at, when the charge of collusion was against him ? Lord Stewart never authorized Lady of high rank to communicate with Mrs: ; for, on the contrary, it was his wish that young Lady, if she took him at all, should do so spontaneously without any undue influence. His feelings had been much wounded by the charge against him, and he had acted with so much deli zacy, that he refused an invitation to dine with the Austrian Ambassador, because he understood she be there. He saw her at Lady Cholmonde meetiag On the 6th inst. but did not speak to ..i • =1:11111.111= 4 , tOtTI TATICIZ a. al The peril: S . appeared m Roatuax ant pmt of their Int. and H . ~ The Loan o'clock, whe . was crowded many Couns The Soup , I Counsel for under consid only Lady I Learned Frii .... the petition 1 ther, so that t Stewart fro; 1 * • him. He c so at on ea , . been heard 1 . - any anxiety g 1 . l a u t rting i le at 6 be necessaril I ' lie. As, boy side, had ch li - cussion, it I facts of the { /1 ' Lord Stewa dour which i the same tin I *lien he me' 1 . filed, and cc mous letters how she cou all induced cussion. A l• , found sever ;I shortly allu A band to h 1 youngest so , ! 1 years of age 1 1 P . being of dis in making 5. I must contet • tome inquir out. His I goons and if dud him bassador fr. ! . Vienna, fo; addition to 1 ; ii 'his father, i , In the ever reagh, shou I would succ Down. H lure a Seto. sing 10,00( . . i • when such charge bro . • ' 1 side at all 1 Lady sold that Noble from such improper I say he hac i foundatior and irregt i I the rewar astonished 1 ' situation 1 of the :sec ihad most this, in wh , i g and called i stance of 1 1 affidavit c • must be u speak of I 1 his Lords subsequer s plan coral • this, he ui 1 the referci 1 Gentlente 1 duced we between I the affida i ,- Lordship i i the 26th daughter been intro that out - daughter accident. 6 her niece i , at the Dr e 1 cause fro be would had not I t had seen i i and ackn made an !,! y meeting Lady At 1 111 , it would he afters informec 1; . daughte of Mr. b acceptet eared, f , and can In a su i - having 4 cure an 11. 1 Romilly should I I 1 , it to bc N i 1 made al the Lac Taylor the you spontan ;, feelings 1 1 1 1 t ' against cacy, tb Austria was to I ley's rat 1 i , it, 1 4 1 1 ' '‘i I k I , til %,1 \% • * her except' in the emnrdbn terms of civility ; but on the Bth he saw her at Almack's, where he conversed with her, and was in consequence induced to accele rate the match, as he was soon to return to Vienna.— The affidairus of Mr. MiDonnell and Lady Antrim expressly denied any plan being formed ; but from the arguments of his Learned Friends, it should seem it was their wish that when a Gentleman wished to marry a Ward of the Court,l4 should come and beg =fission of the Court, to mate his addresses to the . Such certainly was not the 'practice of the Court, nor was it even agreeable to common sense ; but it was astonishing how-Mrs. Taylor could pretend to be ignorant of this affair, when it was well known to all the world. The whole case shewed that Lord Stewart had acted in a fair, open, and manly man ner, and having obtained & consent of the daugh ter, he had no alternative left but to apply to the Count. The Learned Gentleman then concluded by expressing his earnest hope that this would appear in the same light to the Court, and he fondly trusted that Lord Stewart would appear to have discharged his duty, and that all his anxiety arose from his ho. nour being impeached, as it had been, unjustly. Sir ARTHUR PIGOTT, on the same side, contended that the case should more properly have been before the Master than in the Court, whence it would, in si few hours, be submitted to the tribunal of the public. It wa* singular enough to hear the Court called oo to act Ott pure abstract philosophical principles, and not to do as it had uniformly done. While the Court would,' of course, receive with great indulgence what was said by the parties, it ought to be recollected that there were limits to •that indulgence, and that regard to the character Of others was not to be lost, nor a person of the high rank, character, and qualifications of the Noble Lord to be treated with disrespect. The Noble Lord was said to be embarrassed, and yet he owed nothing ;he was accused of i lar habits— but where was an instance of that ? irregu lar habits.— but where was an instance of that? Whose wife or child had he seduced ?—whose property had he in vaded by gaming? Detraction, in general terms, was only to be answered by a general denial. lie had the highest personal esteem for Mrs. Taylor, but he, regretted she had been induced to make such allega tions in her affidavit. The Learn! Gentleman then, at great length, and with much ability, went over the affidavits, commenting strongly on several parts of them. He contended there was no foundation for the charge of a conspiracy against him, and censidered the present attempt against the reference to the Mas ter as a novelty in the practice of the Court. The LORD CIIANCELLORI take it that Lady An trim had the contents of the anonymous letters com municated to her by Mrs. Taylor, as I find in the af fidavit, she says some communication was made to her by Mrs. Taylor, on the authority of an anony mous letter, dated about the sth of March, but she says nothing about the other dates. Mr. HORNE followed. Sir SAMOFT: ROWLEY made an eloquent reply. He. began by observing, that though the motion and pe tition were quite distinct in their nature, yet it was impossible to separate them. Much blame had been thrown, ajtd thrown most unjustly, on Mrs. Taylor, for bringing this before the Court. and Mr. Hart had even gone so far as to say, that it. had been done solely for the purpose of injuring the young Lady, and wounding the feelings of parties. He would re ply, that no one had more regard to the young Lady than Mrs. Taylor had, for her anxiety on the present painful occasion had injured her health. But it was not possible to have kept this case from the public view, as it had already attracted so much attention. They certainly were much mistaken, who supposed that any thing was gained by private hearings, for on the contrary, it was well known, that reports of such hearings went out to the world in a mutilated and imperfect manner, as had been the case about r year ago, respecting the care of children, where a father was accused of having written a work containing strong Deistical principles. This always was the case when parties chose to hear a case in private, because I the public were sure by some means or other to find out what was going on. . In the present instance, it was impossible the could have been private; as the subject had long been the topic of public con versation ; but though it was heard in public, he beg ged leave to say, there was not the slightest blame attached to the conduct of the young Lady. The greatest delicacy existed on the part of Mrs. Taylor. and as her Counsel, he had thought it unnecessa y to say any thing relative to the personal objections against Lord Stewart, because he conceived these the more proper subject of inquiry before the Master.— 'ln opening the case, it would be observed, that he had studiously avoided saying one word about them, as would appear to all who had heard him, or read an account of what he had said, in the Journals of the day. From that it would appear, that no man could possibly have conjectured what these objec tions were ;—but now, for the first time, they were stated openly in Court, and, be it observed, stated by the Counsel of Lord Stewart himself, who first provoked the discussion, .and then threw the odium on others. With . respect to his Lordship's fortune, he should certainly not have alluded in the slightest degree to if, had it not been for what the Solicitor-General said about his being a fit match in point of fortune for any lady in the country. His Lordship would recollect a similar case, where Lord Thurlow refused the order of reference to the Master on the same grounds, and on appeal to the House of Lords this j udgment was a ffi rmed. He could not agree with his Learned Friend in supposing that the income of Lord Stewart placed him above the suspi cion of being a fortune-hunter ; for it was to be re collected, that, though his emoluments were great, they arose solely from public appointments, and therefore were necessarily productive of much ex pense. He had, for example, 12,0001. at the Court of Vienna, but as the Ambass ador of the Country, he .Was necessarily obliged to live in a superior manner. He was 'willing to believe Lord Stewart's denial of the charge of irregular habits ; but when the Court were told that the charge rested solely on the affida vit of Mrs. Taylor, it was but fair to add, that the denial also rested solely on the affidavit of hii Lord ship. He was willing to believe that his Lordship was not addicted to gambling or intoxication, espe cially •as his Lordship challenged the world to Produce a single instance of that; but why had his ' Counsel brought forward such things? With what reason could they deprecate a public discussion of the case, while they were the very means of publish. ing what they seemed and declared themselves to be =ions to conceal? He knew Mrs. Taylor, than whom there was not a person in the country pos sessed of more delicacy and honour. She had learned the agreem ent to the marriage, and was it to be ex pected she was to take no measure for stcuring her niece's comfort—to do nothing whatever in the cause till the Master had reported, and the marriage had taken place? Much had been said respecting the favour of the Prince Regent, which Lord Stewart enjoyed; but without in the slightest degree mean ing any thing disrespectful to his Lordship, he would only observe, that it often happened that a man might be followed from place to place by the shouts of an admiring multitude—might rank high in the opinion of the country, enjoy the most flattering marks of Royal favour amidst the envy of surround ing courtiers—and yet, in his retirement would be found discord instead of tranquillity, mistrust and jealousy, instead of mutual affection and concord.— He disclaimed the slightest intention of considering, the Royal favour an objection to his Lordship ; but Royal favour was not an essential requisite to conju gal felicity. That felicity depended not on the nutn-- bur of honours, or the glittering shew of military de corations. The precipitancy with which this measure was hurried on, led to the stronest belief of its being die effect of a plan. But he would ask, was the Court of Chancery, so proverbial in general for its delays, tote so precipitate in this instance? Was the Court to act in that manner because,• to use a vulgar phrase, the parties had chosen to - strike the irpn when it was hot? It became his Lordship to judge whether such precipitation was at all necessary under the existing circumstances of the case. It was monstrous to argue that the Court should at once de cide this case, lest worse consequences should follow. That was a principle on which he had the firmest confidence his Lordship would never act. But in this case there were strong circumstances which he could not pass over. It was very singular to see his Lcird ship at the drawing-room, particulirly distinguishing her awing other females, paying her thdse atten tions which she ought more properly to receive from Mr. MiDonnell, the husband of Lady Antrim— meeting her at public places—Arranging every thing for a marriage—giving the public every reason by 'Lis conduct to believe she was intended to be his wife, while one of the guardians was kept completely in the dark. She was, according to Mrs. Taylor's affidavit, introduced to him a few days before the sirawing-room,—he said, °feta days, because this was loot denied by the other side, but only met with the vague expression of" some time." Yet the mother was willingly blind to all that was going on, and had her reasons, no doubt, for not seeing what every ether person in the fashionable world saw ; for she made no communication whatever to Mrs. Taylor, but, on the contrary, invited her daughter to a din ner party at which the Prince Regent and Lord Stew art were to be present. That Lady of high rank, alluded to in the former hearing of the case, made the cornnemication to Ms. Taylor or. the 12th' of March, the day preceding this dinner, and though Lady Antrim was informed by Mn. Taylor of what this Lady told her, she on that very day recommended Lord Stewart as a person fit in every respect to be' her husband, the very day when the Prince and Lord Stewart were to dine there. With respect to what had been said iii)out suitors coming to his Lordship for permission to make their addresies to Wards of [the-Court, he had never for one moment held such an opinion, and, indeed, he was astonished to hear it bravely brought forward. But in the present case, Lord Stewart. had first taken care to secure the af fections of the Lady before he applied to one of the guardians or to the Court. The Counsel on the other side had complained of hii reading the letter written by Mr. Whitten to his Lordship in the name of the young Lady ; but, in answer, he would say, that the letter was to be considered as the language of Mr. Whitten, not of the young Lady ; and he believed there was not an attorney in that or the Court of King's Bench who could write with more delicacy and coolness than that Gentleman could do on suehl a subject. The LOAD CHANCELLOR wished to see a copy of that curious letter, as he had mislaid the original. Sir SAMUEL proceeded. Certainly Lord Stewart had acted on mistaken principles, in going so far be fore he consulted the guardian, and also in wishing to accelerate the marriage on so short an acquain tance, especially after the letter from Mrs. Taylor, in which she told him, that with all due deference for himself and Lord Castlereagh, she declined consent ing to his union with her niece, and that she would instantly apply to the Lord Chancellor to restrain any further intercourse. That blame was justly at -tached to the mother, he had no doubt, especially when'her former conduct was calmly considered.— He was aware, that, in Courts of Criminal Law, it was net proper, nor, indeed, would be allowed by a Judge, to refer to a prisoner's past conduct as a proof of his present guilt ; but here the case was widely different. The mother planned a marriage for this girl when she was only sixteen years of age, and had a Nobleman of equally high rank and respectability engaged, with whom the girl had interviews at a watering-place. The marriage was going on, though the girl had never been introduced into public life,' till it was fortunately stopt by the exertions of Mrs. Taylor. Here he could not help thinking, that the advice given by Mr. Hart to Lady A. to pass this former transaction over in silence, without ansikering it, was very wrong ; and he would ask, were such facts to be . got rid of by the mere denial of Lady A. ? If she could not deny the former facts, was her denial of what now took place to be deemed stlEcient in a Court of Equity ? The LORD CHANCELLOR wished to have the papers in that first case, as he had some distant recollection of having granted an order to Mrs. Taylor. Sir S. proceeded. If the marriage with Lord S. at any future time might Peconsidered proper, it cer tainly could not be so now. The young lady had had no opportunity of becoming acquainted with the world, and certainly she ought to have time for con sideration. Probably being dazzled with the sploa-, dour of Lord Stewart's high situation, her reason might have yielded in an unguarded moment, but certainly that was only a stronger ground for giving her more time to reflect. He again decidedly-ex pressed his approbation of the manner in which Mrs. Taylor had acted, and stated, that her delay in bringing the case sooner before hisCordship arose from a delicacy on her part ; but admitting that she had Wet pesligeat, was that a rano:* for laer not ...t ' swing for*ard now? The otherside, . bt bad completely failed in their attem p t t otake out case, for though Mr. Hart had said affidavits wont) he produced to silence all, no such thing had bees done. He suggested, therefore, that it would b e highly proper that his Lordship should see the y een Lady himself, as thus be would be the bexeretabki to judge of the manner in which these addres ses h ad taken place. There was little doubt of her h r .i. justice done her by his Lordship, whose atrie!,..l7i promote the best interests of the Wards of a te c 0 ., 1 was too well known to require being met:timed. E ts Lordship would act from a different motive th uti b i ambitious mother and the other parties hai d ew; for he would take into his serious considerat e only the present state of the Lady, bat also tare prospects, and how the children she rn:ghrt, r i would be provided for. Confident of his Le r e4 l well known and universally acknowledged a tteer i A impartiality, and ability, he would cheekil y k ep i the cause in his hands, only suggesting, thar gh ou l the reference to the Master be granted, it should be first, to inquire whether the marriage was prop& z . 4 then, secondly, to inquire into the settlement. The LORD CIIANCELLOR.—In this case I trt I shall act, as I endeavour always to do, with :a i rs partial regard to the interest of both parties. I s o y, see that I am in possession of sufficient informe . x ., to enable me to give you my judgment before Tues. day morning ; but I think it my duty in the tee n time to see the young Lady, and converse with he on the subject. That is the impression lat pre sem feel : but if, on considering the case, as I shall d o this evening, I see cause to alter that opinion,). let you know. In the event of my seeing the -ca t) Lady between this and to-morrow evening, I sh.all e s Monday give you my judgment, if any of you ui s h it Erroneous imptessions having arisen oat of the late Chancery Discussions, we are authorised to state, that the Lady of Rank so much alluded to, is mt Lady CASTLEREAGH. The Duke of GLOUCESTER visited NewgreenWed. nesday, and had a long interview with the moulder. tunate culprits that were hanged yesterday, for utter. In; forged Bank Notes. The Royal Dake converted with Harriet Skelton for nearly an hour, and leered the particulars of the case which led to her wmtcht.l fate. After shaking hands with her in the most sco slial manner, his highness departed fcr the yap of waiting upon the principal Officers of the Br: with wilom, having had an interview, he instantly paired to the seat of Royalty itself, to implore but, as has been implied, his humane mterperai, was ineffectual. Several other distinguished char, tors, among whom were Lord Rocesst.tut, BROGDEN, and Mr. BES,NET, deeply interested Ca: selves in behalf of the unhappy woman. Ward. I.] was executed with her, bad formerly been a mar, baker, of some repute. Hussey. committed on suspicion of being censer in the murders at Greenwich, has ban lately much indisposed, on account of which sore cf irons have been taken off, upon the recommetdath of the surgeon of Maidstone prison. WonsnIP•STREETr-Tkomas Smith, Thosres Dc and Thomas Ward, were re-examined on :era: charge:, for uttering forged Bank of L 104:: Several tradesmen attended to whom the Felt , had uttered bad notes, and clearly identified and the notes which were produced. Davis ICI one to a pawnhroker4, ir. Fleet-market, to redeem 'pledge, and the shopman refused to tae it, al while he went up stairs to shew it to mast Davis ran away. He uttered two others to a tail for clothes, Ice. Ward uttered one to a bumf near Shoreditch, for beef-steaks. Mr. Gwyn, Inspector of Notes, belonging to the Bank, the notes to be forgeries. All committed proved BIRTHS. On tie Id February last, at Halifax, Nova Scotia, the Lady of Major Crawford, Royal Artillery, of a daughter. Oh the 10th instant, at Marseilles, the Lady of Captain W of the Royal Navy, of a son and heir. At Bananastoe, the Lady of Lieut.-Col Holmes, C.B. of sd (or Prince of Wales's) Regiment of Dragoon Guards, daughter. DIED. Sunday sennight, at Snellings, near Plymptoo, N. A. Hie, Esq. Captain and Barrack-Master of the Plymouth Owings Royal Marines. Saturday morning, in Cliath-s-street, Whitehoes, tt ta waned age, Mrs. Fluddleston, relict of Captain Buddlessor, the Powell, of that port. Such are the awfri di u' Providence ! the deceased suffered a paralytic stroke co Teesd.q morning, almost immediately after receiving her 0r.4 WOW. and her son.in-law, on their return from their nupt ials asurcb. 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