The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-07-11 00:00:00

A NOVEL QUESTION.

In the Court of Queen's Bench the cause of
" Bousley v. Fester" ha* been on for hearing, and
the ease, in which the Court were divided, raised a
novel question. It was an action for necessaries
supplied for the child of the defendant in the order of
his wife, who was living separate from him, and who
had the care of the child (who was under seven years
of age), by virtue of an order in Chancery under the
2nd and 3rd of Victoria, cap. 54, known as " Tallourd's
Act." There WWI some slight evidence that the wife
had withdrawn from her husband by reason of mis-
conduct, and there W3E4 evidence that she had no
separate income adequate to her support. The question
was whether the defendant was liable for the necessaries
supplied to her for his child.
Mr. Justice Blackburn delivered the judgment of
the majority of the Court who heard the case - himself,
Mr. Justice Mellor and Mr. Justice Lush—to the
effect that the defendant was liable. A wife, he said,
separated from her husband on account of his miscon-
duct was in the sense position as if she had been turned
out of doors by him, and was by law allowed to pledge
his credit for reasonable expenses. If, therefore, the
claim had been for reasonable supplies for herself it
would clearly have been supaortable. The only question
was whether. the wife having the custody of the child
against her husband's will, reasonable expenses incurred
in providing for the dal were part of her own
reasonable expenses. In principle, as soon as the law
became such that a wife, separated from her husband,
might properly retain the custody of a child against his
will, her expenses in clothing and feeding the child
became part of her reasonable expenses. In one sense
this expense was voluntarily incurred by the wife;
but her authority in such cages was to pledge his
credit for reasonable expenses, many of which were to
a great extent voluntary. She was entitled to pledge
his credit for expenses of living in a style suitable to
his degree, and yet her no living was quite voluntary,
and she might live below if she chose to live with
stricter economy. So as to the case of a child. And
he could not but think that the great ohject of the
Act was that a wife should not be compelled to do vio-
lence to her feelings as a mother when she was not in
fault, and that therefore when she was by law em-
powered to retain the care of the child she was by law
empowered to incur reasonable expenses fir its support,
and that these expenses became part of her reasonable
expenses, so that the husband was liable for them. on
these grounds the Court thought the plaintiff c
to recover. •
The Lord Chief Justice differed from the rest of the
Court and delivered a separate judgment. He said :
It is an established rule of law that, except through
the Poor law, a man is not legally liable fir the
support of his children, unless. indeed, by his neglect
he brings himself within the crimina law. It
is clear that a father is under no legal Liability to pay
his child's debts. If the child is litiiag with the father

he would not be liable for necessaries supplied by a
third party. And, a. fortiori, there would be no such
legal liability when the child is living against his will
out of his house and with another person. Can it
make any difference that the child is so living with the
mother' If both the mother and the child were living
with him as part of his family, she would not have
authority to pledge Isis credit contrary to Isis directions.
Can she do it because she and the child are living apart
from him ? It is admitted that there is no direct lia-
bility on the father in respect of articles supplied on
credit for the child ; but it is said that articles so
supplied may be treated as necessaries for the wife.
But the difficulty in the way of that view is that there
is no obligation on the wife to take the child at all. It
is only upon her own petition that the child is corn-
mated to her custody and care ; and though it is true
that the wife lawfully living apart may pledge her
husband's credit for necessaries suitable to his deqree,
.• .

I can see no analogy between things necessary for the
station of the wife and expenses necessary for the
maintenance of the child, the keeping of the child not
being in any sense necessary for the wife. The fact
is, that a ease has arisen for which the law has not
made provision. It does not seem to have occurred
to the Legislature that a wife might be unable to
support the child whose custody was committed to
her, and I do not think we can properly supply the
omission. In some new measure establishing a system
.4 law more complete with reference to the relation of
marriage, some such provision would no doubt be
made, but I do not think that we can by judicial de-
cision supply the deficiency of legislation. I there-
fore am of opinion against the plaintiff's right to re-
cover, but, as the majority of the Court are of a
different opinion, there will be judgment for the
plaintiff.

SIR R. NAPIER'S RETROSPECT OF THE
ABYSSINIAN EXPEDITION.
An interesting despatch from Sir It. Napier to the
Secretary of State for India has been published among
the Parliamentary papers upon Abyssinia, from which
we make the following extracts:—
The circumstances of Abyssinia at the date of my head-
quarters reaching Annesley Bay were reported at the time.
The power of the late Emperor Theodora., though making
itsell felt only within a very circumscribed limit, was
nevertheless greater than was commonly supposed. This
was not caused merely by his prestige, far less by any feel-
ings of a superstitious kind which the people held regard-
ing him. His prestige wile, no Mudd, immense, but he wins
still in possession of the material which hail chiefly aided
him in acquiring his ascendancy—viz., Ids artillery. Leaving
his prestige out of view, it would have been very difficult,
if nut impossible, for any of the Abyssinian princes to oppose
him sum:o.4llly without cannon. The greater chiefs, no
doubt, hated bins cordially, but at the same time they
hated one another quite as heartily as they did their common
toaster ; and I do not think they were capable of combining
against him. Perhaps they would rather have subniitted to
his rule, detestable as that was to them, than have helped to
set up one of tneniselves in his place. 1 think, too, I per-
ceived in the country a spirit which a riser course of action
on Theodore's part might have roamed him to take advantage
of even at the lust hour. Some of the pettier chiefs, such as
waldee Yasoos if Wodjerat, showed a kind of m ide in the
Emperor's exploits, which might have led to an alliance
being formed between those two srenewhat kindred spirits
against us. The circumstance already reported of Mesteeat,
the Galla Queen, actually sending presents to Theodonis and
soliciting his friendship a few weeks before we reached
Magdala, is another instance of the same kind. These facts
should not be lost Right of by those who think that Theodore's
power was virtually at an end when w-e landed at Zoulla
His march (rein Debra Tabor to Magilala was in no sense a
retreat. The greater portion of his field artillery was in the
latter fortress, and he naturally wished to have it at his
command in the prospect of our attacking him Iris burning
Debra Tat ior before he left it was simply the fulfilment of a
threat he had made that if one of his chiefs who had
deserted him did not return lie would destroy Debra raisin,
the property in a large measure of the chief alluded to.
Although Theodurus was not strong enough to prevent in-
aunt:don in parts of his kingdom where lie was not actually
present, yet I believe lie had only to show himself in anv
district of Abyssinia hi order to have his supremacy in that
particular locality recognbed at once. . .
A list is attached of the Abyssiniali political prisoners who I
were released by us when 3laeditla was la, en. All that has
been ascertained regarding their selisequent movenienta is
shown in the collie-n of remarks. The widow of the late
• Emperor, named Ettige lino°, whose lamented death in my
camp at Ilaikhillat was reported at the time, had been more
of a prisoner than a wife. The same remark applies to the
Queen's two brothers, tiwongtviil and Kassa. Ettige Tirroo
and her brothers Is ere the children of Oda, the former king
of Tigre, whom TheotMrus attacked atal made pri miler about
thirteen years ago. Oubla had himself acquired the
sovereignty of Tigre by 'nest, his swan native country
being the Province of Semien, If which he was the hereditary
Prince. Theodorus took Ettige Tirroo from prison, and
married her upwards of eight years ago. The condition of
her relatives, however, was net improved by her elevation,
as her father Oiuliif was kept in confinement till he died, arid
Mr two brothers till I released them. It is said that she
herself was treated with the utmost herslineas mid cruelly by
her husband. She certainly did reit appear to be distressed
by his death. On my reaching Lit, the Queen's two brothers
expressed their wish to leave iny camp, and go to their
native district of Sender,. I asked them if they would like
their sister to go with them, but they did not think they
could protect her ; and as they had never so much as seen
her since the day when she fell, as a mere infant, into
Theodor-m*li hands until tiller we bad liberated them, of
course there could lie little affection between them. The
Queen's delicate state of health bail prevented nie from
personally Minding on her but, as far as her wishes could
lie ascertained by 'mans of the most careful inquiry, she was
averse to accompany her brothers. The latter were there-
fore allowed to pri weed without heels their country. I gave
them a letter to the Governor of Salawa, who was a friend of
their family, recommending them to his protection. The
late Queen was the soother of the youth Alanmio, whom I am
now currying with nic to England. So Pie as lam aware,
Theoilorus hail left no other legitimate issue.
The fall id Theodorua has, to a certain extent, made
Abyssinia liable to heroine the scene of struggle between
different aspirants to power. If Gobaze succeed in establish-
hug his authority between the confines of Tigre and Mag.
data, and reding anti:4lod smith that, fie ego the attempt to
overvoine Trim, Kassa, then I 'Mak all will soon be well.
At the same time, it has to be considered that among those
released by us fnun It igtiala were several chiefs if mite, and
that there is no soy ' what influence one or Men of these
may be able to exert on Abyssinian politics. Our own
course was to do what little we could towards securing the
tranquillity of the country after our departure. An instance
which occurred before we were for en our way back from
M agitate may be mentioned. Balm Mmhasha Ims often been
referred to in prevoius despatches as Wagshoom thibare's
Governor of Wedeln, who niet us on our crossing the
Tecaneh, anti rendered us much assistance in collecting
supplies. In addit ion to his right under Goliaze's appoint-
ment, he ii as Chief of Wadela also by his descent. filen Ras
Ilailoo. But another descendant of Ras Halloo called Alee
Faris claimed the same principality. and Wni DO Beefier re-
leased by us from 3,lambila than he disappeared NV it 110 UL so
flinch as pa) trig site a visit or giving me an opportunity of
reconciling him with his relative. and sought refuge among
Iris friends the TOM Gallas. The Dajas Mashasha left
my camp shortlj afterwards, professedly for the perpose of
taking over the Fort of Amba Gayshani, which I had ordered
Ike Governor to deliver to him, and which the latter, after the
fall of Theodorus waa quite prepared to do. Mash:idle,
, however, imteail of going to Annie On) Sham, as I wished
, him, set off in pursuit of Alec Faris, killing a few id his 101-
, lowers whom he overtook. But he carried the pursuit too

far, as he was himself seized by some trtliisoldier. who
favoured the cause of his rival, and made over a prisoner to
the very man he was pursuing. It lie had fallen into this
predicament while carrying out any operation intrusted to
to hint by me, it would of course have been nece,ary to go to
his help, though the difficulty of doing as would have been
great, seeing that our supplies were calculated only to meet
our own requirements ti a day. But as his quarrel with
Alec Faris was a purely family one, which it belonged to
Gobaze to adjust in an amicable manner, 1,11,1 not think my
interference called tor. Copies of tole or two letters on the
sub]ect which passed between Aloe Faris and myself are
attached.
On the whole, it may be sold that the effect of our expedi-
tion on the poli t ical aspect of Abyssinia has beenthe following
—The province of Tigre. which we found just struggling into
independence, has Imen someu hat strengthened and settled
by us. Wagslumin Gobaze, who at the date of our arrival was
attempting a hopeless ommsition to Theodor., should now
be able to establish his position. Theodorns had acquired
by comm' St a Sovereignty which he knew only t 0,,. to abuse.
lie was not strong enough to protect the fieople from other
oppressors, while yet able to carry plunder and cruelty into
' every district he himself might visit. I fail to dkcover a
single point of view from which it is possible to regard his
removal with regret. I think it may lie said that the object
of the Expedition has been itecomplished without the rights
of any t d the princes or chiefs of the c•untry having been in-
terfered with by on, and that the prospect of Abyssinia
enjoying tranquility is at this day fairer than it was
at the data when our army landed on the coast.