The Sun. — London, England, 1819-01-20 00:00:00

EXTRAORDINARY CASE. As we gave but a vet y brief Report, on Satur day last, relative to a cause not only of import ance to LEGITIMATE FIEIRs to PROPERTY of every description, but as exhibiting conduct on the part of thOse who, front their condition in life, might be expected to act with greater regard to libe rality as well as justice, we conceive it to be our duty to present a more ample statement of this must extraordinary case. We have therefore taken the following Report from THE BRITISH Feiss of the same duty; for though we differ ‘Aidely from that Paper in political opinions, yet we rely ott the accuracy of its statements in all other respects. We have only added a Note for the purpose of illustration, and an arFt- DAvyr, which we some .time ago took from a Morning Paper that contained an account of for mer proceedings on this question, a question which indeed is so important with respect to the RIGHTFUL SUCCESSION TO PROPERTY, that it can not but he in the highest degree interesting to every class of the community, since none can foresee how far he may be affected by the preclu sion of LEGITIMATE INHERITANCE. VICE-CHANCELLOR'S COURT, LINCOLN'S-INN, FRIDAY, JANUARY 1.5. ILLEGITIMACY. KNIGHT AND OTHERS V. HENRY CHARLES KNIGHT, AN INFANT. Mr. WILLIS, junior Counsel for the Plaintiffs, stated, that this was a hill filed by his clients for a discovery, and to perpetuate the testimony of the defendant's illegitimacy, Under the follot~•ing circumstances : The late Earl of Cattierlough devised by his will, dated the 11th of February, 1772, to the plaintiff, Robert, certain estates for life, without impeachment of waste, wilt re mainder to his n►ale issue in tail, and in default thereof to the plaintiff, Henry Raleigh Knight, and his male issue ; and in default thereof to re vert back to the daughters of the plaintiff, Robert. The plaintiff, Robert, after the death . of the tes tator, because possessed of the estates, as tenant for life, and on June 12, 1791, married Franey., Dormer, and bad issue one son, since deceased, and two daughters, now living. lii the year 1804, some differences arose between the plaintiff and Isis wife, and they agreed to live separate and not to cohabit together, and a deed to (bat effect was executed, by which he allowed her an annuity of 800/. per annum for her separate use, and the Right Hon. Charles Lord Dormer was appointed trustee under the deed for Mrs. Knight, ever since which time they had iivetl apart from each other. On the 7th of October, in the year 1813, Mrs. Knight was delivered of a male c hill* (the de fendant), and she list; him baptised in the parish church of St, Mary-le-hone, on the 21st of May, 1814, by the name of Henry Charles, the child of Charles and Honor aces Knight, of the parish of St. Nlary-le-bone, and is now known by the name of U. C. Knight, and is residing with his mother neat• Gerrard's Cross, in the county Of Bucks. 'lnc bill then charged that the defendant and his mother pretend that lie is the lawful son of the plaintiff, Robert, and is entitled to an estate tail in the estates bequeathed by tie Earl of Ci therlough, in preference to the other plaintiffs. It appeared that the plaintiffs, Henry Raleigh Knight, and Charles Raleigh Knight, filed a bill in that Court in Trinity Term, 1814. and a commission was directed to examine witnesses, hut they now set forth that they have discovered various other facts which they were then ignorant of, the tes timony of which it was very material to be per petuated. The present bill then prayed that wit nesses might he examined under a commission, so as their testimony might he perpetuated as to the illegitimacy of the defendant. To which bill the defendant put in a general demurrer, on which it came to be argued before the Court. Mr. AGAR, Counsel for the Defendant, stated, this was a bill of discovery. The first question to be considered was, whether a person could per petuate evidence to facts which he did not set out in his bill. It only stated, that they had found out new facts since the close of the last commis sion, which was a very protracted one; there was application after application made to the Lord Chancellor to enlarge the time for keeping the commission open ; at last his Lordship, after hearin g a considerable discussion, closed the corn mission. If witnesses were allowed to be exa mit►ed against the infant, the defendant, they must be exparte, as he was without a friend, and was unable to protect himself. It was, however, impossible that a bill filed to perpetuate evidence could stand, Without it stated what they in tended to examine witnesses to. But there was another reason why the demurrer ought to be allowed, which was, that one of the plaintiffs was an infant, and he did not sue by his next friend. The Vicc-CuANcELLott—" Then it ought to be a special demurrer as to that point ?" Mr. AGIII Said, he did not think it necessary, as it was a rule of Court that an infant was not entitled to relief without he appeared by his next friend. The Vice-CHANcri..coa " Your demurrer states, that none of the plaintiffs are entitled to relief by their bill, and you nOw admit they all have the right bnt the infant. It is perfectly clear, then, that there must be a special demurrer. Jr was the same in the case of Lord Cholmonde- Icy and Clinton ; there the demurrer would have been good if special, but it was OVE,"I ruled because it was not." Mr. Itour - e.LL followed on the same side as Mr. Agar. Mr. 'WINGFIELD, Counsel for the plaintiffs, .stated he bad to support the bill. The VICE-CHANCELLOR—" The first difficulty you have to get over, 'which is the allegation in • Under the name of JORDAN, representing lierself as the %\ its of a Captain JORDAN. the bill, it, that divers facts have come to the knowledge of the plaintiffs, without stating what the facts were." Mr. WINGFIELD said, in his humble judgment, it would be new in Courts of Equity to state spe cific facts in a bill of this nature. Suppose the present case stood without being prejudiced by the first bill, the question would turn on access or non-access of the plaintiff (Robert) with Mrs. Knight, from 1804 to the year 1813, and during which time he had no access to her, yet the de fendant was born ; the intent then of the bill was to examine witnesses to that 'fac►. If it was necessary to state every fact in the hill, they . could not examine witnesses only to what the bill contained, but by the rule of the Court there was a general interrogatory exhibited to wit nesses, beside the facts in the bill, calling on them to declare their knowledge of all the transactions in the cause. Was he then to be told, however complicated the facts were, that they ought to be set out in the bill ?• The cases stated by the Learned Counsel on the other side, as to the right of way and right of common, were not in point—tor, in such cases, he was aware it was not sufficient to say that there was a right of way or right of common, but that the specific right must he set forth on the record : but in the pre sent hill they set forth a specific fact which they wanted to prove, intercourse or non-intercouse between the plaintiff, Robert, and his wife Fran ces, from the year 1804 to 1813. On the hearing of the first bill, the Lord Chancellor did not think it was necessary that all the facts should be spe cified in the record—why, then, should it be tie,- cessary in the second bill ? It certainly was a new objection, and one that could not stand.— The Learned Counsel had said, that their client could not know to what tacts we intended to ex amine the witnesses; he would tell them it was to the access or iron-access of the parties to each other. Did they want it to he specified in the bill that on such a day, and in such a month, the plaintiff, Robert, was so engaged, that he could not have a communication with Mrs. Knight ? The VICE•CHANCELLOR Suppose the Robert, was not a party to the suit, might tot the persons in remainder prove the divorce which took place between him and Mts. Knight, and would not that be taking the defendant by surprise ?" Air. WINGFIELD said, he would then take it in another view : the plaintiff, Hobert, was not party to the first bill, the children of .Henry had come in essay since, and, as to them, the pre sent Was a new suit, and" if he could prove - that only one of the party had come into essay since that time, the g eneral demurrer could not stand. It was a mistake that they could have the bene fit of the proceedings under the first suit, as they came then into Court for the first time; they had stated on the record the circumstances of the separation, the birth and christening of the de fendant ; would it then be said that they had not a right to examine witnesses to the new facts, and perpetuate their testimony ? Under these consi derations, he hoped his Honour would disallow the demurrer. Mr. HEALD followed on the same side, and said, the first question was, whether the patties to the first snit could file a new bill on new facts, he looked at to perpetuate testimony ?. The way it was, that it was not necessary for every person interested to be before the Court, where a bill was filed to perpetuate testimony ; for instance, in the case of Lord Dursley it was determined that any person, how tar off he might he interested, had a right to file a bill to perpetuate evidence ; then what was in ibis case to prevent the plain tiff, Georgiana Knight, from examining into the ill eg i t i mac y, although the words " new facts" were in the bill ? It was on the record that the defendant was illegitimate, he being born of a married woman separated from her husband, and if the testimotty was not perpetuated he might hereafter claim to be legitimate. Mr. XVILLts, on the same side, said it had been stated by the Learned Counsel, in support of the demurrer, that the commission in the first suit bad been protracted, but he bad not stated by whom. Ile would tell him—by Mrs. Portman, the sister of that notorious woman Mrs. Knight, who was at that time in France, ont of the juris diction of the Court, where she threatened to re main until the commission was closed, and she was the assistant and confidant in the infamous transaction. As to the statement that the de fendant was an infant and had no friend to pro tect him, it was not true, for he had his reputed father. The trial of Knight and Lord Middleton must be fresh in the memory of every man. He had r►o hesitation in saying that this demurrer was put in by the Noble Defendant in that action to protect the interest of the infant defendant *. It had been said that there was persecution on - the part of Mr. Knight ; on the contrary, his con (lint had been most generous to an abandoned woman. All he asked was to perpetuate the testimony of the defendant's illegitimacy, at his own cost, The VICE•CNANCBLLOR observed, he was of opinion, that the allegation in the bill was by much too general, therefore he could not sustain the bill. The demurrer allowed and bill dismissed. * AFFIDAVIT. MAJOR-GENERAL KNIGHT AND OTHERS V. KNIGHT, BEFUHR THE, LORI) CHANCELLOR. Mr. AGAR, on the part of the defendant, moved that the examination of witnesses in this cause might be closed. lie stared that the hill was filed in Trinity Term, -1814, by the plaintiffs, against the defendant, Henry Charles Knight, an infant, to perpetuate testimony to prove the illegitimacy of the defendant. That the plaintiffs had filed affidavits in oppo sition to the motion, stating that they had yet se veral witnesses to examine, and amongst o►her persons the Right Honourable Henry, Baron Middleton, and the Honourable Mrs. Portman. That an action had been brought by Mr. Knight, against Lord Middleton, for criminal conversation with his Wite, (the mother of the defendant) some months previous to the birth of the defendant, in which action a verdict passed for Lot d Middleton, and contended, that the plaintiffs hod only to prove non-access of the l►us band, and that Lord Middlet9n's and Mrs. Port- man's evidence was not material, but that if it %vas material, that the plaintiffs had had abundant time to procure ir, and therefore the examination ought to he closed. Mr. WINGFIRLD, on the part of .the plaintiffs, opposed the motion ; be stated, that the plaintiff's title to estates of great value was at issue on the legitimacy or illegitimacy of the defendant, that Lord Middleton and Mrs. Portman were material witnesses to prove his illegitimacy, and that their attendance could not be procured, in support of which he read the affidavit of the plaintiff, which stated, that Lord Middleton had been served with a subpoena on the 7th November, to attend to be examined, but that he did not attend ; and that Mrs. Portman was abroad. As to the materiality of these witnesses, he read the affidavit of Frances Holt, which stated, that she resided as a servant with aMrs.Delhay (who had had the care of the defendant, the infant, from his birth), to nurse the defendant ; and that while she was in such service, two ladies and an elderly gentleman (who 'sere represented by Mrs. Delhay to be the de fendant's mother, aunt, and uncle) came fre quently to visit the defendant ; and that the de fendant was christened on the 21st May, 1814 : that the mother, aunt, and uncle were present at the ceremony ; and the witness stated, that she afterwards discovered that the ladies (who were represented to be the defendant's mother and aunt) were the Honourable Mrs. Knight and the -Honourable Mrs. Portman ; and that the elderly Gentleman (who was represented to be the child's uncle) was Lord Middleton. His Lorlship, under these circumstances, gave the plaintiffs two months further time to examine their witnesses, with liberty to make a special application at the end of that time. PARLIAMENT. HOUSE OF LORDS, JAN. 19. The Lord Chief Baron took the Woolsack about three o'clock. The Lords present, namely, the Earl of Chichester, Lord Viscount Carleton, Lord Say and Sele, Loud Bolton, and another Peer, were sworn. The Oaths were administered to the Lords who came in till four o'clock, when an adjournment took place till to-morrow (this day). HOUSE OF COMMONS. The Speaker took the Chair at half-past three o'clock, and proceeded to sweat in those Members who were present. Twenty-five Members took the Oaths and their Seats.—Adjourned. THE COLONIES. PROVINCIAL PARLIAMENT OF UPPER CANADA. . York, Friday, 27th Nov. 1818. At three o'clock this day, his Excellency the Lientenant•Governor proceeded in State to the Legislative• Council Chamber•, where the House of Assembly having been summoned to attend, his Excellency gave the Royal Assent to seve ral Bills, and closed the Session with the fol lowing SPEECH. " Honourable Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly, " It does not appear that any alteration has occurred in the state of his Majesty's indisposition• " I am satisfied that the Public Business has received a due share of your diligent attention. " You hare afforded seasonable aid to the Constitution, by your Bill, entitled, An Act for preventing certain Meetings within this Province.' It is a subject for deep regret, that the Constitution should have stood in need of such aid : but let us hope that the good disposition of his Majesty's Sub jects will put an early period to this unhappy necessity. " If any portion of the People of this Province he indeed aggrieved, they are well aware that a dutiful Petition, pro ceeding from themselves, would find easy access to the foot of his Majesty's Throne. " Gentlemen of the House of Assembly, " I thank you, in the name of his Majesty, for'the sup plies you have granted for the service of the current, and of the ensuing year. " In future, I hope to relieve you from the annual demand for the support of the Surveyor-General's Department. " You have added to the character of the Province by the unanimous expression of sentiments which are highly worthy of the enlightened Representatives of a free and generous people. I could not refuse myself the pleasure of transmit ting your Resolutions to his Majesty's Government, well con vinced that they would prove grateful to the Royal Personage who presides over it, and confident that they will he received with affectionate approbation by every description of fellow subjects in the Mother Country. " Honourable Gentlemen, and Gentlemen, " There are a few objects of general importance, which, had the public mind been tranquil, should have been brought before you early in the Session. Of these, I shall mention one, which appears to me to require, in a peculiar degree, your calm and deliberate consideration : I mean the "provid ing of a remedy for the unequal pressure of the Road Laws. By offering at present this subject to your notice, I hope to benefit by the attention you will be pleased to bestow upon it during the recess." After which, the Honourable the Speaker of the Legisla tive Council announced that the Parliament was prorogued to the 2d of January next. Among the Acts to which his Excellency gave the Royal Assent, are the hi/lowing. : An Act to regulate the Trade by Land and Inland Naviga tion, between the Province and the United States of America. , . An Act to prevent certain Meetings within this province. The following Bill was reserved for the signification of his Majesty's pleasure thereon, viz.:— An Act for the Relief of the Wesle* Methodists. In addition to the above, we find an Act has passed, settling the rates and duties on articles imported from the United States in Upper Canada. The following are a few of the ar ticles enumerated as subject to ditty : Beer, Ale, or Porter in casks, - 6d. per Beer, Ale, or Porter in bottles, 9d. per gallon. . Cables and tarred Rope, 2d. per pound. Cordage 'interred, Rd. per pound. - Playing Cards, Is. per pack. WARD OF WALBROOK.—Yesterday tie LoRD MAYOR held a Court of Aldermen for the dis patch of public business, which was attended by most of the Aldermen, when the Petition of Messrs. GIBBONS and SMITH, against the election of Common Councilmen for the Ward of Wal brook , presented to rife Court on Plough Monday, was again read, and taken into consideration.— Mr. GIBBONS was heard in support of the said Petition at great length, and several witnesses being examined, the Court declared the election to be void, and directed a precept to issue for a new election. The Court having been occupied until a late hour, no other business could be transacted, and the LORD MAYOR directed 'a Court to be held on Friday next, for the dispatch of general business. THEATRICAL REGISTER• Performed Last Night. TATRE ROYAL, DRURY-LANE.--(240 time), ITE Gins Junius, Mr. Kean : Tarquinia, M W. W rs. BruNglAfij; e st. , m whic, The Sil Arrow. C n e" EATRE h ROYAL, ver COVENT-GA RDEN.---ShC Stoops to _ o Young Marlow, Mr. C. Kemble ; Miss Harticastleo ' e ss Brunton. After which, Harlequin Munchauscn. _..—..... 00 ..---- ~.... V' For LITERARY REVIEW, see the' First Pa gb, pr W. M -•••••••.-.N, on INSOLVENT DEBTORS' Acr, s ee t D os Page. . PRICE 01 THIS DAY AT T Bank Stock 269 :I per Cent. Red... 781 i 3 per Cent. C0n5........ 78ia 3i per Cent . 884 4 per Cents. 971961 F STOCKS WEI.VE o'C gtlol Bank L. Ann... 2 04 India Stock .......... • • India Bonds ..... .87s, 89 5 . Y r. Exch. Bills, 2 d... 18s• 205. p Ounnum .......... ...P COll5. for Februa r y . • • • Lo • • 1- ick-Broker, Old State tter "'bill, and Lombard-street' 3 per Cent. Navy Ann. 1061 i E. EYTON, SW Office, 2, Col MAILS. A G u ernSi i / ce a : RRIVIU—.I Jamaica. DUE-2 Waterford, Jersey, 3 Sweden, 3 Hamburgh, H o lland, F"' m H ol l n G i li tig, WA A 41 after 8. te s T Evening, 6 ' woo LONDON BRIDGE. TO•lleOsftanciine--.:4'.9, THE SUN. SOLEAI (LUIS MtERE FALSUM AUDEAT LONDON, WEDNESDAY, JANUARY 20, 1819. of We have again to announce the nowarrivllla Paris Papers. 'Three days' Journals are o°'9 d Jamaica, Papers arrived this morning C O ". 29th November. l e ts ate KINGSTON, NOV. 28, 1818.—Our be ters from B e r mu da state that that island ;IP' b Ang i n an uncommon - d egree di s t r essed since ve t e last, a s e v ere f ever h a vi n g prevailed th ere ehu since that month, which had caused more dea particularly of y ou th s , a nd of them chiefly few than had been kn own f o r many years• ' ll.t vis s date of our advises, the.2d inst., the weather n old becoming cooler, which it was , expected e y e have the effect of moderating the disorder, if n of throwing it off altogether. Pfr ; Yesterday, in the House of AsseMblY, STEWART (of Trelnwny) presented the Repo.- r ef, the Committee appointed to enquire into th e fects of the late storm, recommending ai ness ,t, to be sent to his Grace the Governor , ststill(c from s what has been ascertained, that Wit t ' t , j , exception of a small part of the County of 54,300 dlesex, the storm [Lad occasioned great d esni3fl e , and distress ; and in the western parishes in g ° neral, the provisions of the slave population 11 been entirely destroyed ; and requesting his a rk 4 , would be pleased to Open the ports to all oat iol'- i for the importation of articles they stand in nee ' of for a certain period, and to allow paymen t 10 1 1 the same in produce or otherwise, as be 61° think fit ; which the House agreed to. ROSEAU (DOMINICA), SErr. 16, 1919. , v 0 % COMMUNICATION FROM THE HONOURAEL. HOUSE OF ASSEMBLY. bio His Honour the Speaker and House of Assembly to Excellency the Governor. The House, having been furnished by ate e° , ; lonia' Agents with a co py o f su ndry Pife r s 1 / 4 before the House of Commons, and printed n, their order of the Ist May last, have seen tb efe o f with much surprise, a statement of the cas h e o ce several slaves in this island, who are said t° been loaded with heavy chains and c°ll°- folio • " tat. A boy about 15 years of age, a large Ire" 4 ke • 14 it round his neck, fastened with a padlock, total , 221b5." free' - cc 2d . T wo g i r l s o f 12 years, much marked by the e a d th e the cart whip ; fastened together with iron chains Nu necks, padlocked, weighing !albs." - l b th e e. " ad. A full grown man, after a severe flogging ' Wl°ohig cart whip, loaded with an iron collar and chaiasy 'w 211h5." . aft er " 4th. An old man, apparently 60 year s of a s - ', O tbg baring been severely beaten by his master, was pla ced c l io iti e stocks, with an ,iron collar round his neck, an d weighing 201b5." h V a a v fl, sth. A boy about 12 years of age, loaded collar, chains, and log of wood,•weighing 261107 an ' t be v pearing that such statement was transmitted from last' tO vernment-lion,,e of this Island, dated 3d Septembec ,011 The House bug leave to request your Excellency' ,0105 pleased to furnish them with all the information hoj e ll ; sess on that suliject, with the names of the Neg" e i l s r ° e c el f hiS ed, and tlo of their owners, as such conduct 00'), to - to be generally known to be universally execrate," community; and we trust your Excellency will enM il 'iri to Lord Bathurst the general condition of the 0 3 ' 1 : 9 v - 41 0 'o Island, which has been so much misrepresented i 01.1.-0 of Commons. We feel confident that their couP7 jud',7 V, happy as that of any slave population in the e s " f and rely with confidence on the candour and Po 6° : 00 - 19 Excellency's character to contradict such unfounded .041.13 tions against a whole community, when a few in alone are guilty. House of Assembly, ak er' Cpe 3" ' His Exceilency the Governor to his Honour Ihe - se. 00 0 and the House of Assembly. e• s y U ; L: I A 81 11 8 1 . ANDERSON, spe The Governor, in compliance with the request of the or 0 I of Assembly, has annexed the names of the ownerasteoeo nagers of the slaves who are mentioned' in the st t ettO e transmitted from Government House, dated Sd Sep last. Names of Slaves. Ist. A boy, Belonging to Own antl,loll' 2 d . Frances,l s d , } Stow Estate, . Mr. Curr y Mrs. Warner, 'OC ft {Mrs. War .. i . in /WW l ' ad. A man, Liverpool, - ' Mount Eolus, Mr. Crass' 4th. An old man, i • tti l Mr. Itober",• Vincent, Mr. Roberts, 50. A boy, Louis, Mr. Myler, Mr. blYie r. hoc . With regard to the surprise which th e House ill tye t ° ,, pleased to e xpr e ss "at these instances (rf slaves ha,"l",reg, loaded. with heavy chains and collars, whic h only ri, or be generally k nown to be universally execrate d in 11' 41 , , Ppi . .. itre, t4t 4klllit top li . "4 k 4 401