The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-04-11 00:00:00

MEMORANDUM.

"1 authorised Colonel 0. C•trieton to negotiate a separa-
tion upon the following terms between the Contiesse
d'Alteyrae awl myself.—va., an annuity of £3,201Y and a
SUM of —•1 .

awiao o• • ,
Igned)" A. D. WILLoCOUBI."
That Colonel Carleton's authority to treat was Matinctly
recognfaed by T.,,r11 Will iughoy d'Eresby, and that the sum
of £lOO • month was regarded as a proper allowance to be
given, appears from a letter of Liini Willoughby's solicitor
to Colonel Carleton of the date of April 5, 1885, In which
Occurs the following passage:—
-

.•
'lf Madame d'Altayrac is left in straitened circumstances,
th:s is solrl due hi her mstetuatie illy awl fieltberately
viol:W.2 the arr.i.p.ment wile's us e..we to laf.we,u L.,rd
OOtsr is. half. Sri I I ad.' L..rd
tolls, what is light suit 1 T I', IMO I believe he
Is gime ready end willis g to at. oe ru oIoMO .r Attr)roc for
the i. ?,??, s;luo as mouth trim Februsn, 1.5 last.'
Thh. I .s: os aritten two months alter tile septtati 55,
r the C eV. eye .I'.l.lte,rac ha.l left L . go.
"

It app., s, tle reo.re, that Con. I carletui bad Ler I
Witlsmilihy's distinct authority to offer these terms; that
Sladane il'Alryrac did not swept them ; and, further, that !
Lord Willoughby did not, M fact, carry them out or bee,. 1
them efitli for her acceptance; for at selisequent perioos !
the offers if settlement Wade Were Very much less alit
shifty inadequate ; and, as a fact, Lord Willoughby, since
.Linuary, 1,05, up to the time of the notion, had only paid to
the C.entessed'Altsyrac a sure of £3OO.
I therefore find that the idler which Colonel Carleton was
authorised by Lord Willoughby to make to the Collitme
it' they too woe nahotmilitlly that of an annuity of :g1,200 for
her life, and a PIM of t2,0i0 to be pant down. 1 Wlleur in
the statement mode by Mr. Coleridge on I, halt of the Com-
te:se d'Alteyrac, that et the time and under the circum-
stances thin was a fair aid proper offer. I think it is one
which the Cmitse .eAlteyrac ought to have accepted, arid
la. uili L WillongiMy eight C. have constantly
adhered. My decieton is tmdefore litoe I on the pi Mende
of pvinc effect to that offer as from the time at which it
wes toed,
I a, cord ingly decide that L e.. 1 Willoughby trgrerby
should centre to the Comtesse it' A iteyrac an annuity for her
life of £1,200 per annum, and should pay her at once the
stun of £2,00d.
If the a terms had always been kept open for the accep-
tance of the Comtesse d'Altryrac and she had declined to
accept them, I should have limited my award to this sum.
But as the offei a subsequently made by Lord Willoughby
were w holly insufficient, and Ma he has paid the Coniteae
d'Alteyrac no mere than £.300. since Janitor!, 186 E, and
before the action, I award a further rum id £4,000 as the
arrears of the annuity during the three years which have
elapsed since the separate.. .Ind also as an indemnity to the
Cenitesse d'Alteyrec for the endears...meats la which she
has been involved by the &Memee of all provision for her
maintenance daring that period.
These two sarus—tiatuely, the £2,000 a. oiighislLy offered
and 43,0.0 as an indemnity for the last three years—will
make together a Slim of 1:6,000. Front this, however, la to
deducted a sum of £l.OOO which Lord Willoughby has
advanewl to the Comte.° d'alteyrac during the course of
this arbitration. There will remain, therefore, on the whole
a sUni of £5.0G0, which I award to lie paid to the Cointesse
iII Kerrie at 'once.
I thMk it is proper further to state that I have exa-
mined Lord Colville and Mr. Warren, who are trustees of
the wills of the late Lord and Lady Willoughby d'Ermby,

—a-nd I

2. And I. further &wart that Loft! Willoughby d'Eresby
shall pay to the Cointesse d'Alteyrac a sum of £5,000, and I
order Lord Willoughby a Ereshy to pay the said sum of
£5,000 forthwith to the some trustees as those named in the
deed annexed to this award, for and on behalf of the Cons-
tease d'Alteyrac."

' £l,OOO was first named, which I urged should be in
crest!!!! 10
.£lOO a month._

f This blank wae-a.ollllled up, but named se £2,000 to
43,000.

111 E STOURBRIDGE 0

hive ascertimedlhat the Income enjoyed by the r I geg—par—dilin for having slowed myse ou my In
If -.--- —.—clign—T-,-
preeent Lord Willoughby, apart from any question of debts tion at a grievous wrong, to express myself in the way
contracted by himself, does not amount to part of I have done. I express my utinoet regret; it came
the sum siiggested at the trud, mid that Lonl Willoughby
upon me suddenly.
low a mere life interest, without any power to charge the
imitates. The Recorder: It is a grave offence on your p.,t,
I therefore make the following award . whether in or out of court, to use abusive language to
"Awsitu a strand jury.
" Whereas, in the action of , d•llteyrac v, Lard Willoughby Mr. Itrualy (with some vehemence) : I say they did
d'Ereeby,' the jury were discharged u ;an agreement, it wrongly, and they will feel it and sniart tor it here-
which Is in the following words:
after.
D' It Lord Will h'E "Fen 3, lie& The Recorder: You are now renewing your threat.
We. ti u ersigned, agree to mnan
" eyrac v. oultby Dresby.
Mr. Briarly : Then I will exprens tuy regret. It
" e tio refer it to a genti of
honour and stealing in nowise connected with tins trial or was not wilful; but I cannot apologize for a grows either id ea, t', be named by the Lord Chief Justice of Eng. hijanitice.
land, to nay what shall be done between us, no aa to finally The Recorder: No apology for using abusive lean
determine all matters between us, and we agree to be hound guage?
by ha decision. l'his may he male a rule of Court. Mr. Briarly : I express my regret that I have done
. WILLot"GIIET IVERESBY.
"JUNIA MARIA, Comte.° IYALTE so within the region of the court.
rRAe.
"Jury discharged in this action. Mr Vallatice's charges The Recorder: Whether within or without the
as against tile plaintiff to be pad by the defendant court it is exceedingly improper to make use of such
"II H. for defendant, language to a jury. ,
"J. L. C. for plaintiff." Mr. Briarly: I have been for nearly 35 years a
il And. whereas I, William Vernon Harcourt, of the inner member of the bar. During the last 28 years I have
Temple, have been named by the Lord Chief Justice of been in attendance in this court, and I cannot coin.
England to
tetimit say wha
call matterst shell he doue
th bet we between the partand ies so as irehend how a man can suffer, as I have done, in
finally to daen em, have
taken such i having been halfmurdered, and have no means of
1 nformstion as I thought necessary for such a
1 decision, Ido hereby finally determine all mattero between redeem. I cannot understand how my bill has been
the parties, and award as 144114. i. 4 refused by three grand juries, or how it can be without
"1. Lira Willoughby d'E,estiy shall pay to the Pon:dean the jurisdiction of the Court. Nor can 1 understand
1 d'Altetrae an enmity of E 1,200 for the term of her life, the how lam doing wrong in expressing the truth—the
aimuity to date Inim the let of April, IS6B, and to be pay- very truth. as I swear to Heaven. What can I say
able by Malty early waton,hny iy paymentsthe ; andid annuity I hereby
accoraling, order Lord
more, my Lord? I swear before Heaven that I have
iitrest to pay m.y ;
and I further award that the annuity shall be letrally secured not spoken one Word that is not the truth. -by Lord Willoughby d'Eresby to the Comtesse d'Alteyrac for The Recorder, after a pause, addressing Mr. Briarly,
her life. I further award that, in order to secure the said said: With great regret I must say it will be my duty
annuity to the Cemtesse d'Alteyrac, Lord Willoughby to commit you to prison for a contempt of Court.
d'Eresby shall, within two mor.the from the date of this Mr. Briarlv • Very well. Am Ito undendand that
award, purchage from the Comniimioners for the Reduction -• of the National Debt a life annuity to the amount of a'1,200 it is the law—
per annum for the life of the said Comteme d'Alteyrae, and The Recorder, interposing : There isquite enough
shelf convey the MU. to trustees on her behalf named in • before me to justify that course, because, while spa..
deed annexed to the award, and signed by me. And I here- I gizing before me, you have renewed the threat towards
by order Lord Willoughby d'Eresby nib;,, two monthi of
th the datretaferte of this award to purchase the Pahl moti
orderlity, and Lord . e grand jury. I don't, therefore, feel they are safe
o
unles you are committed, or unless you find sureties
t the pante to the said trustees, end I . , s
Wiliomhby in Er. cloy anil the l'inriteese ,l'Alleyrac within two LO RE.PI4 tne peace.
months of the dole of this award to execute the said deed. Mr. Briarly: Am Toot at liberty to say I have been
And I further award that If tor any reason the said annuity Wronged by the grand jury?
shell tot hem been legally secured by Lord Willoughby The Recorder : That in not the question. Not a
d'Ereshy before the last day of May in the year of Our Lord, single word is to be used with reference to the manner
1868. th., 1,..i.t,ti0n to tfie annuity niude laMable as afore- £lOO sh ll becom in which the grand jury discharge their duty in this
said. a further sum rif ee One .1.4] payable by
Lord willoughby d'Eresby to the Conde+os d'Alteyrac upon court.
the said last day of May, 1860, and a blether sum of £lOO on Mr. Briarly: Then I have not comprehended my
the Last day of each eueeessive month, until such annuity duty.
shall be legally secured And I hereby order tha Lord The Recorder, : You will be released on finding
Willoughby d'Eresby shall pay such additional sums at the euret ire to keep the peace towards the grind jury.
datee afores dd. These monthly payments are to be comidered
as addiiional to m the payents doe in respect of the annuity, Mr. Briarly : I never intended to break the peace
and ma penalty for delay In the legal settlement of the genie, towards them. (A laugh.) I am well known to my
but are not to prejudice the right of the Comtessed'Alteyrac friends here, and your Lordship has known nie for
to enforce the securing of the annuity by other means. As many years. Is there any one who will be bond for
se as the annuity shall be legally settled by Lord Wila
longhby d'Ereeby the said additional monthly payments of To this interrogatory.
raw to cease.

which was addreseed to
_th

s..
members of the bar, no response was made, and Mr.
isrly was handed over to the custody of the governor
of Newgate.