The Express.
London, England, 1865-01-19 00:00:00

LAW INTELLIGENCE.

EQUITY COURTS. —Jaw. 18.
(Before the Master of the Roth.)
AUSTIN 114 Atrann.
This adjoursed sunimoes wee in the paper tasainftwird
judgment. The gaieties was. who should he
guardian of the pen= sad imitate el Mary Elba Made, a
infisot, born in Juno, 1862. It appeared that in July, 661,
• gentleman named Austin (who had become • Roman ca-
tholic ca 1849) mania Mks Bartley, who was sad is • pro.
tertant. The marriage was celebrated with both catholic
sad piebleasat rites, end no areangeossat was made before
limmanrisem es to the faith is which the ehildren el it
@head be educated. la November, 1661, however, Mr.
Assam caused • dr•ft will to be prepared, which among
others ocotaleed the following clause : %had it is my
wish, and I hereby direct, that all sod every the child and
&Mesa of mine Isbell be educated and instructed in the
Priecirtles sad tenets of the Kassas catholic religion,"
but this draft will was sever eleeeted. There was so
ether child tithe marrisge_than the maid Infant, who was
basithed at a Roam eatholle eh
in July, 1862. One
of her sponsors wee a protestant Sees after this Mr. Asa
tin died. • snit being lustituted in which the latent cad
her mother ware made &deadest., the geardienehip el the
child was now elaimed, fret by the brother (a Roma catho-
lic) of Mr. Austin. and asomMy by his widow, who is now
the wife of Mr. Seeger. Affidavits were filed: one el them
being made by Lard Petra, in which it w stated, " that
the education of a Roma esthetic child 11002111•001111 at an
early age, aid as moo as it was old 'Dough to receive In-
struction it was nasally taught, in aen to the Pater-
soder, the sign of the crow and the prayer • Had Mary,'
the latter of which is, at beet is this country,
exclusively Roman catholic, sad the alga of the
ewes was believed to be ualtartra teproteiteate."
Lord Nine's atildavit wait ea to slate that • ' kin Jodi-
e:eat so ROODIO catholic child wired at the age of between
two and three years would receive the eedisecry and peeper
religious edueatioe of a well broutinp Homan catholic
child who did sot, if able to speak, in to learn as part of
Itsmaiming and even* prayers, ta dition to the Pater-
' easter, at least the sign of the cross, with the isyseatioa of
the most Holy Trinity by which it was always accompanied,
sad the • flail Mary,' to which the ievocation of the child's
guardian angel or patron mint would usually sad properly
fe added." There was medical *videos.* that the child was
of delimits health, and would be most properly placed in
skeet rtOcir ium dor the care of its mother.
Mr. lay, Q.C., and Mr. Bar were for Mr.
Austin, submitted that thooeh the court had power to
give to a moths* the custody of an intact under seven years
of age, yet that it would sot do so when that ointments.*
wouldiseolve its being educated in a faith at eariabee with
that of the father of the child.
Mr. Selwyn, Q.C., sad Mr. Kay were for Mn. fiwager,
and lased that the court would not interfere in the abeam
el the extorted= of any wish by the fattier on the subject.
He had refused to execute the will (from which we have
gtveu an extract), sad thereby bad shown a wish to leave
the matter to the discretion of the mother.
His Hower, in giving judgment, said the fees were
simple enough, but the awe involved most importeat coed-
dsraticesa. He staled them feels, and went on to say that
the court had to deal with the application of Mr. Amities
brother, that he or some other Recut catholic might have
the gaardiaaship of the woos and estate, lie., of the in-
fast. The gimbal for the overt was, what would most
teed to the well-bsieg of the infant. The court regarded
the protestast sod the Roman catholic religies as squally
beeefical to this extent, that it did sot look upon the
ha-
fant's belonging to either as emeetial to its salvation. It
bold an equal Load between the two religiobs, and in the
absence of spited eircumstatioss to guide it, the wishes of
the father is such • was would be *needed to. This, how-
ever, was subordinate to the infant's widen, which did not
dapped upon the faith la which it was educated. The
welfare .1 the child was boned up with the
mother ; se mach so, that the loss of the mother by
death was an irreparable misfortune when the mother wee
of good obarester, though no doubt there were cams is
whack • mother, being bed, was worse thee wee. Here
the character of the infant's mother was irreproachable, sad
to her therefore, the guardisaship o/ her child wield most
properly be committed. Because the father was a Manias
catholic was sot salllabot maxi to take the child from her
mother, though the not doing so might lead to the education
of the infant in soother faith. The father had double, ce
why did not he execute the draft will containing the above
directions. Though very ill he gave no instructions on the
subject. His our added he should appoint the mother
• guardian, sad, according to his practice, add • second
via, Mr. Wood, the husband of the mother's sister.
Velittlons would be given as to the religious education
of • child not three years old—that would be left to the mo-
, ther but his Honour should expect the guardians would
comninaloate with the court on the matter in a few years.

BAIL COURT.—JAW. 18.
Battings at Nisi Prins at Weasaliamm--(13•10n Mr. Jultke
fame end a Common Jury.)
rally v. 10X.
The trial of this case wee spin resumed this morning,
when Mr. Elerjeant Parry was heard at considerable len
ea the whole cam on behalf of the plalatiff.
Mr. Justice Slies then summed up with great clearness
sad miontmess, reminding the fury that the real question
for their decision was whether the defendant had spokes
the words imputed to Lim chunky) the plaintiff with for.
pry, mid bad also written the letter cootalciog snub an
isputetios. The evidence was exceedingly modieting with
refirtesos to the *Lodes sa to the precise words that were
uttered, but there was Done, and could be now, with regard
to the letter. trader the plead not guilty, the writing of
a libel was held harmless if it was written or published
wider what the law called "privilege," and that was a
question exclusively for the judge to decide. He was of
opinion that it was sot privileged. It might be, however,
that the defendant was justified under the ascend plea if the
words were true, and that was for them to decide.
Molar, having been locked up about half an hoar came
late court sad retuned a verdict for the defendant.
COURT OP EXOREQUBB..—JAN. 18.
Biome in Banco.—(Before Lord Chief Berm Pollock,
sad Barnes Marti., Channel, sad Pigott.)

Boossi e. WOOD.

This was aow in lie ;eel Paper . The action was
brought for a libel public ed in a periodical called the
Oche:int, of which the defendant was the proprietor. There
was a plea to the effect that after the commencement of the
suit the plaintiff and defendant agreed together to accept
sertain mutual apologies, whirl were to be pablished by
the plaintiff sod defendant respeotively, in fuld satisfaotion
sod discharge of all moms and rights of action, and that on
the 14th of May last the defendant published his
I=,
Is the Orchestra, and the plaintiff his apology is
Musical
pa a*wd Dramatic Review. The plaintiff now demurrel
to
this
Mr. Joyee contended that the plea was bad. It purported
to be a pies of accord and estisfection, but is truth it
amounted to so sewed without soy satisfaction.
Mr. Baron Marten—la the lama sod rtpsom of pub.
Hshdsg the apology of so value!
Mr. Joyce costemeded that • ;artist satisfaction would got
do, and that the plea ought to have game as to say that the
spolony was sempled.