The British Press; or, Morning Literary Advertiser. — London, England, 1820-03-30 00:00:00

1 7 I WISTMEATH V. WILSTNIZATH. mo . - - -- marriage. Relative to the coots of the suit in the Ecclesiastical Court, which might, us they dirt iu a late case, 'musing to L-GOOf. canting dnt of the lunatic's properly would be itepossible, fur on the marriage heong properly annulled, the property 'would go - beck to the lunatic's mother. He would *hell ask how Ilk Lordship, sitting in lunacy, enfold deprive the nintber of the proceeds of the estate ? Mr:GAMUT . ? followed on the same side. The kerditaxT-GaugaiL, Counsel for Mrs. Ellis, said, that the Master hail made his report under a mistaken feeling, although an hmitrunible ma. He was impressed with a sense of the increas ed comforts and theimprrived state rit mind of the lunatic since his marriage. The . Cointnisi-ioesers under the comnshation of turnkey had, however, thought proper to hove hail the lunatic before them to examine him, and on his being asked was he married, or a *inlet man, lie answered that he was a single mall. and hod never 'Steil married ; and on his being asked his age, hr said he was fifteee, although he was forty-fonr. When the lunatic was married, his mother took him ill a chaise to a vil lage near Norwich. The Clergyman (the Rev. Mr. Lane) doubted the propriety of performing the marriage ceremony, and applied to a proctor at Norwich, and the Bishop's Secretary, for advice how to act, and they were of opinion that he could not refuse to marry the lunatic and his now wife, as -the banns had been regularly published, and no objection mate to them. The Clergyman had, however, refused to give information as to the con duct ..f the lunatic while the marriage ceremony wris performing, but said he woirlol disclose it when celled to do so by a proper tribunal. He was con voiced that his Lordship would not be of an opinion that such a energiser ought to stand gond. and it would be better for the lunatic that it should be ennui/tat now than in nice or ten years hence, when he might have a number of children issue of this ill, gal marriage, who would be left on the pub. he for support, there being no provision iii the tes rator's will for the illegitimate children of the lu natic ; therefore, when the mother of the lunatic Encouraged the marriage. knowing the imbecile mind of her eon, by which he was bas/levitated from contracting marriage, it was not too much to u.k that she should poly the expense of undoing her own improper act. Much had been said shoot the comfort' the lunatic enjoyed with his wife, and the care she took of him. He had an affidavit which set forth that she was a prison in obscure life before the marriage took place, who had been soeght out by the mother of the lunatic, and that the lunatic never saw her uutil he was brought into the church to marry her. Under these considera tions, lie trusted that his Lordship would refer the Mater's report hack to him for reconsideration. Mr. COLL:IEION followed on the same side. Mr. WETHERELL replied. The Loan CHANCELLOR observed, that the fa ther of the lunatic made his will in 1814, and that he died in 1818 ; and that he contemplated es try thing in his will that might happen during the j t lives of the mother and son, and also in cs - c of the marriage of the son, and there I it not one word that the soil was not to mare, al though lie must have known that his mind was im becile to a certain degree, so far from it, lie pro by his will for the issue of the son's marriage. Therefore his Lordship must suppose that he look; ed up to the marriage of pis won. There could lie un doubt but Jane Ellis and her daughter haul an i , terest iu setting aside the marriage -attic lunatic, and it would give him great pain to he obliged to give them a lima out of the lunatic's property, foe toil purpose of annulling it. if the mother of the Inn :she did wrong, which she certaitily dill, in bring ing about the marriage. it appeared in evidence be fore the Master that Mrs. Ellis did over and over gain propose to the another of the lunatic to marry her daughter to hint, and the excuse she makes fur laving done so is, that *lie wanted to prevent him ally other person but her daughter, which stewed that she thought 'be lunatic was a tit person to marry. The -cominisoion of lunacy was taken out immediately after the marriage of the lunatic, by Mrs. Ellis, which was a certain way to deprive him-of his property. If the marriage took place when the lunatic was not of sound mind. how ever painful it might be to him, it was his duty to see it set aside; bat he would not do so without loa ther inquiry. He would ask, *weld Mrs. Ellis bring a suit in the Ecclesiastical Court to set aerie tie marliage, at her own risk and expense ? He wished that question to be answered against the next petition day. The Loau CHANCELLOR at one o'clock left the Court to hear a lunatic petition iii his private room, and did not again come into Court. COURT OF CHANCERY, Liwcomes INW HALL, WWNESDAY, MARCH $2. The ATTolttl KY -GlEtt ER • L (on behalf of Lord Westmeath) said, if he had before entertained any doubt that the coarse pursued by himself and his Learned Friends•was the eight course, in bringing this matter before his Lord hip, the very able ad dress which Mr. Shodwell had just concluded, would leave satisfied him that it wait the only one 41• at could with propriety be adopted. The at tempt which had been made to bring the imitate quarrels and dissentious ;Ouch have unfortunately calved between my Lord and Lady West meat!, before the public, was wholly unnecessary, and it was quite irrelevant to decimation which his Lori!sliiii had to decide. For himself he had bets' anxious to aithd i ais from the public those scenes with cat, d, the pubiir had nothing to On—the subject 4ta If a aa a painful one to the Noble individuals themselves—it a,: also most p.,oifeil is their friends and relatives; but it must be a great iurreare of their psis that this unhappy difference should have bees made the subject of public discussion. After a pro. position lad been made, soil acceded to by his Learned Friends on the other side, that the letters which had pasted upon this gentler between eny Lard and Lady Westmeath, ahould lie read by Iris Lordalup, and out dragged before the gmblic, be was ouch suspriail to find that the drawee, whose anxiety, one should hare thought, would bare ;Neu equal to that of strangers to bring about ■ reconciliation, whose duty it was to have endeavoured to have healed those unhappy disputes, and out to have dune all they could to Widen the breach; they knew that the interference of friends had owe pruduced reconciliation, surely they ought thee, if they were actuated by proper feeliugs, have wooded every thing that was calculated to irritate and wound the feelings of either of the parties; but instead of adopting this coarse, the trustees had been anxious to drag the M. vale different?, of those Noble individuals before the pub lic. His Learaed Friend, Mr, Wetherell, bad said that it was ouch better, 'hem such contracts wire executed, that fhis abroad be felfilled, as it would withal's" from the pnh. lit rye series with which it bad mithine s to do; and which, by their frequency, only tended to immorality, and to weaken the respect with which the matrimonial contract ought to be looked intim; snit yet, as Couloir; fur the trus tees, his Learned Friend declined in the List tontine. ttin thir ease should lw hearil by his Lordship in private, and insisted that it Wired be made the topic of public dimes. aims. Hr (the ILlitiarney.Gramil) was Pure that this salmon, statement of thine'unlrappy demolition 'mold have No effect ul his Lordship's judgment, because it was epos • ques ta' law that this rase must ultimately by determined. If any parehtl feelings had beet emoted by the ilietnesime at t h is seljeet, and painful it most have heels be well knew. - to mane pennon, let it be recollected that it was not Lord Westettesth, but the truant s, who should be the protectory 1111.1 guardians of ibis Lady's interests; whir, if they had • a n y regent foe this Lady's feelings. whit, If they had any wish that these scenes should be withheld from the public eve, if they had the desire which the Calmed and which strangers must have, that • ireeseciliation should eltimately take place betimes the parties, he said the they (th e " us ' tees) had alone all they could to preeon •reconciliation taking place, wives, through the mouth Of their Coined, they had given • partial etatAsent of some fads, sad others they had exaggerated, and fa mawy instaaces they had insi nuated things which were wholly untrue. He was sure that the course which his Learned Friend hail adopted, was not a course consonant with his own feelings, he was only the advocate. Yet these thing, were brought forittaild Milli a view, if possibly, to prevent that which might to be the desire of every person, 'tamely, a reconciliation; but so far from this being the wish of the trustees, that it had bets said, any Judge of the Ecclesiastical Court who should have this case brought before him to decide, °settle - tie hided from the mat of justice if be attempted, by any decree, to bring these parties le a reconeiliatios. Is tbislndicions ? this discreet? Is /hie proper in a question of this sort? He (the Attorney G I) would say, if there were tun persona who ought to have introduced topics like these, that the trustees, who are the protectors and guardians of this Lady, ought to have been the last persons In have dose so. It hay been stated as matter of charge evilest him, that he brought this before the Court in a short, dry, tanner; but even his learned Friend (Sir. Shadwell), who un the same side with Mr. Wetherell, bail stated to his Lordship that it was a mere dry question of law. He hoped he bail not erred Gene his duty, ita endeavouring to resent them private disputes being glade the matter of e public discussion, whatever had heels said by one party or the other, reconciliation ought to be the 'deject of all. in ewileavouring to introduce this sub ject before Ins Lordship, lie had consulted the wishes of lord Westmeath, is noxiously avoiding the mention of sty thing which could excite a painful feeling owthe part of Lady Westmeath. He lied, upon a former oce.asion, staled shortly to the Court, the grounds on which the previottais. junction bad been granted, 'tamely, that this wee a deed which the Court could not uphold. It was the wish of his Lordship, that the Colonel who had argued this caseupon the first application, that they should eunLue themselves to the question which wait before the Court, as to the validity of the deed, sod Mr. Blake, who, it teems, knew the par ties, and bad other feelings than those of an advocate, 1w at length argued the question upon this higher ground. He lameated that this course had not been adopt ed by the trustees, instead of adopting a coigne that could only tend to widen the Meads, and prevent the possibility of a reconciliation. But lie would sot follow the example which be thought had been most improperly set, it should he his endeavour to avoid recrimination, and every thing that could only tend to irritation. He abstained from fol. lowing the course adopted by his Lamed Frteed, Mr: IVetherell, ootwitlistandiog the provocation, but is doing se, Ise was sot ilia d by any apprebersiou of what may come out when the thing shall come before • proper tribu nal, tier was be afraid of what the result of the inquiry would then be; in saying this he was, at the same tune, most noxious that no such dismission should ever lake place—God forbid it ever should take place! at all events, Mat-Coact was not the proper town where such a sulaject, could lie brought forwent, !because it could nut have • suc cessful tenninatiou tliere, fur his Lordship could not decide it. Notwithstandiag the obloquy which had bees thrown upon my Lord Westmeath, he felt conadent that if erer Lady Westmeath was so ill advised as to bring this subject fur ward where it could be properly discussed, Ise was coo fident it would turn hut that Lord Westmeath was as little culpable as Lady Westmeath. For after the very period, previous to whith rich heavy complaiiits had been made as tir the conduct of Lord Westin...oh, complaints whiebliad Men in many respects will t the least foundation, yet even after this period a reopseciliation had taken place; they lived together. sail a child mas the frail of that second. Intern ; yet Me. Wetherell had argued at great length, that to ri coliciliation had taw taken place, after August 1817; his Lordship would see, that the deed of 1817, was made in the contemplation of a separation, it was not mole is awn sego/nee of the proton separatient, heat with a view to • fu ture separation. The innrveation of mutual friends pre vested at that time the coutemplated seperatiou, but no such intervention had taken place here. His Learned Friesd, in his address to his Lordship, had said, that he (the Atter uey•Lieneral) was mistakes, in saying that this dead was wool, because there was lie evidence of any recouciliatioa, hut the deed itself recited the fact, that a recomilialion was likely to take plane, Ind it was under those cireenistaisces that Lord Westmeath eacristeri die deed. • He would ask, then, what became of all the eloquent declaniatios of iris Learned Friend ? fur all the letters which his Friend had se unseasonably Introduced and communed upon, were all written anterior to 1817, and a mouticiliatiou amok plate after these farts, soil yet his Learued Friend had said, that • Judge In the Ecciesisslical Court, ereeht Not be worthy of sitting in that *dilation, who, after this reconciliation, was to re. store Lord Westmeath to hie-footage' rigid a. It was said, dist the first deed might be left out of the .consitkraties of the Court. He was rot serprisedat this being said by his Lesrnett Friends, fur they could not but feel, that If the deed of 1817 was at all to be connected with • the meettiad deed in 1818, that they had no ground to stead epos is that Court; but be thought when his Lordship tame .to look at -the two deeds, it wool.' be, in his Lordship's opi nion, impossible to separate them. it wan, is fret,* ems tinnatiou-of what leek place in the nomult of December, 1817; and there was one important obeemation to he made a. to that deed, and. his Learned Friend, Mr. Shadwell, fell how notch it operated against hum, that be was onions, in the first iestauce,to dispose el it. The deed of 1.817 waste execs. tory cuutraet ; it motes that they had agreed to live together but that, an a consideration, Lord Wistaarath had agreed to eacciite a deed, in which lie granted a term of 99 years. The deed, in 1817, was expressly tittered iota, not in coastline(' of an actual separation which bail then takes' place s but im esasequence of • remeciliapme, after those facts whisk my learned Friend, Mr. Wetherell, sine would prevent Lord Westmeath front ever succeeding in any applicants be might make rot bit marital rights. This being the ea!, in M ay, 1810, Lady Westmeath, from what coenobite rot appear, wishes to lore separate from her husbaud, itirou which their ' mutual -friends meet, and they prevail upon Lord West math to say that 1,601. preemie:a shall be the tuna abatis. is to grout as an amenity for the benefit of Lady Westmeath, sod of their child, fitly Rasa Nugent, not merely stoking a provision for the septette masoieimuce of Lady West meath, but it follows up the words of the covenant of 1817 by greeting a provision for the child..—aed not merely for the child that was bora, but also fur the child with which Lady Weetinestla was then pregnant. His Lordship' isnot Wok upon this as a proof that this was a coulinuelion of the deed and covenant executed by Lord Westmeath in 1817, and which be said wag void, as being contrary to the policy of the law, because it was made in the coutemplati 111 l of a future separation. He was not, however, desirous of ' resting his ease upon the connexion of the two deeds, for be thought that he could satisfy his Lordship that the deed of May, 1818, was odd in itself, without spy rertrence to the deed of December, 1817; taken per re, be could Satisfy his Lordship that it fell directly within that ass a deed sloth the Court not °illy sonifil not enforce, bat being spinet the policy of the law, his Lordship would en. domio- to prevent the parties from demising any inlvautage fro it. This deed diciest recite that a separation halal. ready taken plate between Lord old lady Vitaldtelldhs, hot it states that " the said Earl of Wratmealli,.,al lhu side desire of hie wife, hid agreed tp live separate mid siert." —Vow did they live separate and apart itnatediately upon the exeentina of Olio deed! No ; on the tiontrary, his irdship Beds that at the time this deed was executed, a lead ing person in this solace was engaged tu do what? to take • house for the (atom residence of the Gointess of Westmeath. le' the answer of Lady Westasesth, she slates, she is entitled to oithilraw herself, and hue *epode sod apart front her husband, sad she submits lathe judgment of this Court that she has a right to do stet° live with her child in • house whit* Viscount Cressborne had engaged fur her, in her own name. Met would then melinsit that uss the face of the feels which were stated upun the record, that his Lordship would take it that after the deed in May, 11118, was executed, these 9 parties continued to live together instil this bill was filed, *hen she threatened Lewd Westmeath with witbdraoriug her self (nun his protection, sod that Lord Crantoorm was seeking a house Car her fissure residence. Had any of hie Marred friends produced a single case to satisfy his Lard ship that any agreeinesit for a future separation was good ? Hie friends have ackstowledged that no such case was to he found Se the books; all the cases which had been cited by Mr. Wetherell and Mr. Sbadorell, were all agreenseuta after separatism hail taken place. Where did they Ind that a wife may mike an agreement that she shall live apart from her husband? How came it that trusters had never claimed this annuity before? But they have a right to claim the arrears of the annuity, sad that whether Lady West• 'Reath was reconciled or withdrewn from her husband, they are entitled to the :tenuity. They contend that, misstate or sot, whether separating, sud living together again, sad 'though there should be subsequent separations and ref:esti liatione, that they, at all events, are entitled to ibis annuity daring the joint lives. Lord and Lady Westmeath were living together in May, 1818, when this deed was rectified, sad down to the filing of this bill, when Lord Westmeath finding that Lady Westmeath was about to withdraw herself, he then come into this Court to endeavour to prevent Ibis contract taking place, as laces( too. trary to the policy of the law. If it had been made in conseq of • separation which had actually taken place, and which was then contioulag, he was entitled to state to his Lordithip, from the arguments of his Learned Friends on the other side, that if they had mine together both ifek, as his Learned Friend expressed it, fur a day, then there would have been an end to the deed, according to this argument, for they were obliged to contend that, his Learned Friends said, though it was for the joint life of herself and husband, it ass necessary to insert that which the law world see exc. ceded, tls.et it was made with • view to the legal point which would apply to the case, that if they came together again the provision would cease. Then take it either way, if it was made in the eoutemplatitin of • future separation, as he said it was by the terms of t h e deed, which was made with a view to enable Duly Westmeath to separate her. self from her husband whenever elm pleased, and nut on account of an actual separation having taken place, which the recital proves bad not. If his Lordship con. sidereal this as a contract with a view to • farther se paration, then he submitted, upon all the authorities, that it was a contract which the Court would not only not enforce, but would not let the trustees enforce. But Lady Westmeath says she bad a right to withdraw herself, and that she lyrist itled to do so upon the authority of this deed. But the deed was void in itself, sod though lie was to admit, fur the sake of argument, that the separation bad takes place, and that this was not made with a view to that seri. ration, how could the deed he supported upon the argoinsent adduced by his Learned Friend, Mr. Weiberell? Oue of the groan& upon which he (Mr. W.) said be was entitled to go hitt, all the facts of this nee was, that the bill alleges them deeds were improperly gni from Mr. Sheldon, sad, therefore, is the jnotifieetion of Mr. Sheldon, be says, it is necessary he should slew that there was we fuuudation fur this (beige; but he (theAlterney General) was in I hej 'Optical of kis 'Lordship, if when he moved for the injunction Ise bail dome it wpos that ground; upon tile contrary, he carefully abstained from allnding to it. It was not upon that ground be hail made the motion, yet his Lesrued Friend had thought it right soil proper to make that the ppulogy for going tutu a long invective upon the conduct of Loral IVestmestb npoa that occasion, to thew that one ground at least upon which relief was nought for by this bill bed failed in cillasequenee of theawswer of Mr. Slieldow. .Me (the Attorney-General) is reply imam, had Only to say upon the °maim of this interlocutory motion, he did not think it right to lay nay seslegniond before Isis Lordship, it would be sufficient to do so el ever the cam game to a bearing upon that point. Whether shot charge was made oht or nut viion the present occasion is wholly irrelevant, Isis motion fur an injunction was nut fomented wpm any sorb gratitude, it would be sufficient time to go loth that wbeuever that point should come sn le he decided, at present it was pre. mature, ems the part of Mr. Sheldon, iss his (the At torney General) abstaining from guing into that topic, for him (Mr. S) to inttoduce to his Lordship a hug investiga tion rpm that suloject. He abstained from soaking any observation upon that part of the case; be did not enter into any matter of localisation, but since it had been iutro dared in the course of Ilse argument, his only reply to it was, that whenever the day shall arrive, proper for that pur pose, abets he should have to contend upon that point be. lure Isis Lordship, he had no doubt that Lord 'Westmeath world be able to exculpate himself from lowing impreperly introduced this aflegstimi in the bill ; and that, if it comes before the limper forum, Lord Westwieetti will be found to stand as fore from any charge as Lady Westmeath dues. The ground of his motion was, that this was a contract cos: teary to the policy of the law ; and that kis Lordship enter- Mining a jurisdictiou in this case, a juriseliclion which a Court of Law has not, lamely, to compel the party to deliver up the deed, or to put it in inch a train of legal decision as to inform the conscience of the Court as to what would her the effects, and whether it would be good in law. His Lordship would see that his Learned Fs iced', bad gone into a eery longdocussion upon the various cases upon the subject of separation between husband and wife, mud Mr. Shadwell hod brought before them cases which, with all de. feresece to him, have no besting on the 'present question. Maltby v. Scott have scarce any bearing, because a wife can not snake any contract to bind her husband, except as his agent, if they are living together, or if they are living sepa rate, it eau only lie enforced as the contract of the hitsloand. The linsbaud is bound to provide necessaries fur the wife, the ordinary necessaries, soil the law says, she has authority to compel him to do that. Even if they ore living apart, if it be volumes to the world, and the wife provide necessa ries fur herself, the husband is still answerable ; and yet it is said, that there are cases to sheet thnt the wife cast make • contract to live separate from her husband. But where did his Learned Friend find any such ease ? Does it appear in this case that there was any mutual contract upon the part of the husband and wife which could be recoguised by a Court of Law ? Nu ; no such thine: for its he heftier said, the law throws ou him the ohligatiou of providing those things which ere necessary for the maintenance of the wife, and the law gives her an authority to obtain them in the husband's name, mil he may he sued upon suck contract. The Cane oh Barwell a. Brookes, which has been relied upon, certainly has now Ho authority, having repeatedly twist overruled Icy contrary decisions', Never wan there a more extravagant ps °posit iois Ibau that a husband and wife might contract with each other to diet sole, • moored which was irdissultilde by the Inialature: It had been contended, that instead of benne coutrasy to policy,it was Isis Lordship's duty eu uphold them, sisal !en force them by all the means iii Isis power—that although parties tad entered solemuly into a civil anti religions con. tract, yet, that they themselves should be enabled to enter data these contracts, because, forsooth, it withdrew from the public those diecussious which weir so unpleasant to every one, thought, iu the judgment of his (Mr. Wetherell's) clients, this was an exception In that role. This was a case which, so far from its being ilesit able thst u private erasion should take place, in which event the public would Poem nothing, shoat it, this was au exeeption in that po licy which be (Mr. W.) had said ought to be adopted to withdraw from the public the tittle-tattle of the day and the gossip of the town. Ile (the Attoroce•General) would ray, that if that argument was worth any thing at all with regard to a divorce a menses et !kora. it snort go to dissolve the marriage roatract altogether. He would ask, if this ware stet contrary to policy ? If there was not • contract of marriage which the law had pronounced to he todissoluble, in which both psi ties had taken us themselves duties which they were humid to pastry, he asked if this contract should be pat sa end In by sea egreement between the *parties who would opilm into a Comet of Equity ter a Court of Law nd this att o be c a u s i k itr p l a u lw e t t i. o a f n in d m e a n e r u rar r . i l s a g t e u i :a '? fi lin be t To l ea t d e t t a u ge i th ip a a n a d or l s c a h n i n i l i .l 7 l 2 l :f . e i he and wife with regard to the children, the future off spring of this marriage., a child with which lady Westmeath was thee pregnant; they were to be takeis front the paternal ears, and be placed undrr the care of the mother. He was releniposis all the rights and duties of • father to his children ; yet dist, it was said, was not • contract against public "t), hut," said his friend Mr. Wetherell, " sir what the "genteel is on the other aide; really the Altoreey-General advances the scaring and frightful prop". position, ilea the parties cameo compromise a mot." His argneteut went to no such propeoithm. What there was that was so scaring and frightful lweweld not we he did not say that parties might 1101 compromiee a snit, bat be had said that they could out contract wnh each other to put an geed to the marriage contract, yet IQ ;Mr. W.) hod concluded sit. sapling, as he had done, to scare and frighten him and Lord Westmeath's Counsel, by brinier this forward publicly, is the hopes that he would nut pc in seek hag to obtain the motion. His proposition was no tunes than this, that such a contract between husband and wife was an illegal contract, as being contrasy to the policy of the law; Mal was the scoring and frightful propneilioe, which, though it might frighten his friend, Mr. Wetherell, would nut scare and frighten any body else. He now wished his Lurdship to look at what the itotilreet was. It was a deed to effect • separation, because it did out recite an actual separation, hot only that Lady Westmeath had desired to live separate from Lord Westmeath. It was proved and admitted i• the answers that she had not lived sepa rate until this suit was instituted, becalm if she had, he would ask his Learned Friend, Mr. Shadwell, whether he would bare stated in the answer that "she weisild wish in withdraw herself," if she had before withdram herself? For Viseoust Cranleurne, in his answer, had said he was about to procure a house fur her, in which she might live separate and apart from her heedianel. If that was so, it was a derd looking prospectively to a separation, which was bad ac cording to all the authorities; if that were not en, but that it was • deed entered into at the time she actually sepa rated, and they hail lived together again since, upon that ground also that deed was put an end to, according to the highest authorities. If • deed merely securing a provision in case of some future separation was against the policy of the law, how "nut+ mere so was it where a wife was placed such • situation as (to use a vulgar expression) to play fast sod loose with such • contract, endeavouring to culotte herself to this provision, whatever ber conduct might be, or whatever her demeanour might have twee, in spite of her husband. He did out know whether the deed would not prevent Lord Westmeath s 'supposing such • case likely to occur, and which, he begged to say, he was far from tug should ever occur)—he would not use names, but he would say A and B—be would rather put it so—he did not know whether it would nut go to the extent, that if A (the wife) committed adultery, B (the husband) could not bring the action : for she was, by ibis deed, to be freed altogether from the fetters of the marriage contract. He beard his friend say that this was stuff: he should not beet all dig. composed by the interroptioas; he knew his argument might be stuff, bet his duty should not prevent him front using any argument which might be for the benefit of his client. He was not addressing the Comae' on the other side, for he did not suppose be should be able to convince them ; he would be content if he could convince his lordship. He was going on to say, that that it did sonesont to this, that she should be freed altogether from the terms of the marriage contract. it would entitle the Wiser party to say to Lord IVestmeath, if be attempted N sue its the Ecclesiastical Court—the answer would be, that there was • covenant that he should not see fur • reale lotion of conjugal rights. He submitted that this deed fell within the range of cases which had determined that such a deed was void, Bet his friend asked, why did not Lord Wert. meath sue for a restitatiou of 'conjugal rights! his answer was, that if such misconduct had lake° place on the part of Lord Westmeath, sod she 'could support her title to a separation, why did not she midis the Ecclesiastical Cowls! The Courts were open to bee, mud nut only open to her, but his friend hod said, that if auy Judge shield compel them to live together, he would have deserved to be hurled from the seat of justice and consigned to eternal- infamy. This woo a case of very great magnitude and lasportsuce, net merely as it respected the parties, but every person who en tered into the contract of marriage. Behree be sat down, be mold not hut lament, that when • mere question of law was to be discussed before his Lordship, thin it should have been introduced in any other manner. He was willing to submit to all the censures whirl, • had been cast upon him, fur the brief and dry way in which lie bad introduced it, and to the dexterity which Mr. Hart bed applied to him for the at of introducing the question, 'relieving, as he did, that the course he took was most likely to bring that question alone, which ought to have been brought be lore his Lordship, and It was brought consulting the feelings of every person, not only those wbo were interested in the result of ibis suit, but every person who was comfort ed by the ties of blood, or by else ties of friendship, were en deavouring to draw a veil, if possible, ever those unhappy eireuntshisees, in the hope that when they came calmly to cementer-this - case and-review their past conduct, those noble individnals might be led to effect • -permanent see-media tioe. For himself he must say, that he indulged that hope, steel it was this which had induced bins to pursue the course he had; but lie had beets frustiatrd to a certain 1111111111, not by the Conesel fur Lady %Vestmeath, fur they at least lead the good sense mad discretion to abstain from irritatiag to pics, audio Mier. before bit lordship the real weenie') ; but those trustees, through their Counsel, who he supposed was not instructed to heal the difference.' and to bind up ibe isuunds, he had (bought it fit fur their case to drag before the public these discussions, which would be inserted in the newspapers, and form the idle tittle-tattle of the day. If ally person's teeliugs were hurl, itemeld not, he believed, be imputed to him, few he was not conscious of having said • syllable which could *mina the feelings of Lady Westmeath or of any of the relations. He might hare been wrong in 11w rower be had adupted--ihe interests of his client might not have been consulted by his taking that course, but be thought that if be brought before his Lordship the contents of those deeds, and resting upon them dryly, contending that they were eot legal instrunu nes, mid could nut be enforced, lie had hoped that the case would have been so argued, that nothing would have been intrudnerd which had a tendency to !not the feelings of any of the parties. Looking at the case in all the views in which it might be (skew, he trusted that his mutton would be granted, sad that she Defesidaut would nut be permitted to maker= the deed in questiou. i SZIMJII74.N. trot onertilsebeing tawiNinted for the execution of six unrertenate crimivals opposite the &kora' doer of New man., pursuant to their 'enterers vast numbers of persons of lioth sexes were observed at ..n early hour proceeding to the spot to onions the awful ceremony. A few minutes be fore right. o'clock the dreadful knell of St. Sepulchre an sourced the near approach of the fatal moment. At eight o'clock foul of the unfortunate culprits made their appear ance no the fatal scalliolol, v.z. gthcard l'oss and Dennis Kenton. for uttering forget , !Conk notes; T. W. Frill,, for ar..breaking; and Wm Canner, fors:r.ting in a dwelling house. Their behaviour before the assembled multitude was very penitent, and after a few annul,. had been allowed them for prayer, by Mr. Coition, the °ohne:, of Dicagate, and a Roman Catholic Priest, who paid great ilicution 10• wards them on the melancholy occasion, on • signal being given the platforms fell, whew they were launched nibs eter nity. Allsr banging the asset time, their bodies were cut down, and delivered over to their friends fur interment.— l'etrr Rouser, fur horse-stealing, sad Thomas Bratugrore, for bullott-stealing, who were to have suffered also last morning, received a respite on Tuesday night during hie Majesty's pleasure. PRICE OF STOCKS YESTERDAY. S per Ct. Cott..." 681f1 I South Sea Stock....;* 5 per Ct. N. Auu..lo4i I KA. Bills. ... 1 9. du: 104 tottery Tickets 41/. IS.. Imp. 3 per Ct. Ann. 60 =Cons. for Acc...65; ti 9 India 80nd5...9 19 pr. f tidi SfIFF(ILIC LENT ASSIZES, )820. Oil Fliday lest Mr. Baron GRUM'. arrived Rory St. Edmunds, and immediately proceeded to „1,,„„ as,,•n on, O.s Saturday murisse L! the Judge meta to St. Mary's Chinch with the usis..l form, and the Assize Sermon was litractird by 1.1. Chaplain, the Rev. M. EDGAR, upon Ezra, vit. 26, of.er which his Lordship proceeded to trj.c.auses. Oa /Woodsy the Grind Jury were sworn. 11.. Lots!ship, tu his charge to the Jury , expressed his regret both in regard ,to the number and iteeree of offruces, wbicl. wire NW* weighty than lie c. te4 'swish ; et the same time he was happy to say they were nut of that complexion which would exci e a y unpleasant feelings. After alluding to several ca.; of minor importance upon the calendar, the ell Judge expressed himself in warm longways. urn the bete crime of arson, which had of late been • prevalent in this county. and declared that he w.. one who would be tempted to miler the wretyls found guilty of this depraved offence to be talc-.a immediately to the place of execution, ten a t,tr r to those whose minds were tainted with such mil-. volence.—He then recommended the Jury *vs Ow present instance to throw out the 6.11, uul ss • :1 evidence should be brought beherr thirsts as wank! hold out • fair presumption that a Jury would een. • to a conclusion of guilty, leaving the matter h r tore inquity opon some new and distinct evid e nt.... His Lordship expressed his sittisfactims at seeing full and respectable ass attendance, as he cuirsallesed in the present state of the country, nothing ctial.l better preserve the fabric of oar constitution that's a due administration of criminal ju.sice. There were thirteen causes on the list, of whit!. the hollowing were disposed of : DOE OX DENISE OP RIXO D. eatveft. This was an action of ejectment broeght by di , Plaintiff to recover poAsessnaii of an estate in B ford, which the Defendant occupied. It appear( d that the .prerious truant continued in the Deebai...• 110.1 Up to Midsummer. Idtti. with whom the De• fendant had occupied them joinile from the nr..- vious Lady-day, who paid him the iiiiartri's rent —. The defence rested solely upon the time of the De • fendant taking possession, upon whose part it wa. argued that it hid been agreed wills IMO Ulway. receive ins relit at Christmas, at which titue it must be presumed ilisit the terialitcy roil the no. lice given was invalid. It seemed, however. that this was ass estrangement between the parties t r im, the circumstance of the Defendant receiving mann at that time, which rendered it the more conveuieut peri7l.—Verdict for the Plaint i DOE ON DENISE 161 , SINIPSO'N b. *EAN API. This saw MISS ao eiretlUellt !brought to oieeorr-r possession atm Mast at Naylasot. The claimed title under a motigege Ine a term of yeas. made to one Stow, who died intrittate, and whine administrators assigned the trra l i t.• the Plain, tiff. To slew the previous title, i Plaintiff called a witness who had doile repair's to the house, *ll9 iiroved that the Lilies of the D e . fendaut occupied an adjoining house as truant to Stow, whis 'siss este 'nicest - an said to Difeildmit's father, " This will make yon a nice Lour." elluil lug to the premises in dispute, of which he w,is Oleos going to take the part of the Defendant it was contended diet this slid tint amount to a sufficient acknowledgment, as See. Min Might have taken possession of the premises as • purchaser, and not es tenant to Slow..—%•e:- dice foe the Plaintiff (%A be continued ) NAVAL INTELLIGENCF. PORT/MOUTH, X 4 XCX se Arrived Le Theress,roelin, from /.1.-isd for Liverpool ; !Merrily transport from Dover; Sir Joseplr Ban*, Larr►, and Underwood, -, from Cover a for Jamaica. Sailed the Joitepb and Mary, Lan,tiii.aid, and Britain, Pound, for London. IPLYMOI Ttl, 31111110 17. Arrayed she Concord, Mearn, end Oronen.ntuir, Cedner. Wan Teigniseath fur Newfnundlan:l. rAtAtettrrit, MARCN ?I. Arrived the Watrineharn packet, not, .3ils fregg Gado, Malta, and Gan vitae, 20 (hips from the latter ptioes. Sailed the Cantu* packet, King, for li,aumborgh. novan, mascot 28. Arrived the Sophia, Parkirhre, f l...bwrs for with loss of &sits sail short of reovisino.. VIAL.. Limas !S. Arrived last evening the Totten!' Davies, Own New South Wales and Itriignl; sod S.. Price, Fourd. from the Synth fleas and the Cape. Arrived tte.dlow and sailed with the Inenteward.boond r‘,.. the Rower the Perse verance, Proton t ; and Mary, Dun", (gone Hurnhiraa. Came down from the Myer the I.3oli...ithatio.kire, Adam.. for the la:e of France and Chinn ; Th Pcck, for Nen York ; Endeavontr,S tmu. fur Ow Catu,iy Islands ; Madeirn packet, Allen, for Nladrira ; Henry CI if, Roxburgh, for Trinidad; Europe, With. for Quebec ; !Hamner', Natirtw, Po Genoa ; Naiades, Aeolreara, for Ouurtui gnat Ei,sab,ll., Baker, fur St. Tbuneses. MAIICII V. Arrived the John Bainbridge, Jame., fri:tis the Isle of Frasier; led 224 net-ember; kft *tole the Lon! l'nettrsei , , from Calcutta fur linos St. Br iton the 27th Jsteusry. 2Sth Fel” nary, in lat. 2L 1 bug. 36. 30 . spoke the Querstamry li,et.ft, truest Valmont h lu America. Also arrived the John IVatbuo, Filiaucier, Di % itN, (sum w .rans Forrester, S.W.; Kensitigturt, Handling , ; and Willi/on sad I fcary, Sulu. hurtle, Irons Charleston—aniied, 26th I:4semaiy ; Mary Ahwi, Barstma, from SSVIIII nab ; and Tubscriu nowt, Usti sr us, from Vitgillii• , 1 -CORN kW!! iNGE, SIRc MI. We bad but few arrivals this murahvg. bet the gamut; of .n kinds of Grain left over from Alonslay's supply w ,s much more than zuleirate to this dot's sustol, notA few sales of were arta& wen• at Mood ty's Picked armpits of liar fry obtained Msa d u; earn , u sru ,s, I. t the inferior sorts w. re orally iwsalexhle at a airline of k. per gust ter. Oats, Cants, ion, Peas.., were also dull sale, atol rasher cheapest. COAL MARKET, ATIMICH 29 Ships at Market. Ship■ Sold. Prise. 28$ Newcastle Surelerkintl 1 /Scotch Coal BIRTH. Ou Ik, 21st iastaut is Dawsou-aimmet. At Lad! of "Ilsossaa Farrell, esq. of a dauglater. HIGH WATER THIS DAY ♦T.LONDON BRIDGE. &lonia' 36 alter 2. I Biraaiag 52 after 2. Printed sad Pabliabed at Tutriamaw MPS awl TOL GLaaa Mee, Na. II?, by C. C0M.W.41.3, t‘e Stoat