The Express.
London, England, 1860-08-29 00:00:00

JUDGMENT IN MR. BOSWELL'S
CASE.-(THIS DAY.)

COURT OF ARCHLS.
(llef,,re Lorligtora.)

mornin; IR. Laphinitos preoonneol Pnlgment is
the ra.e of Mr. 4.nwell, the liming of which took place in
Joth

The loeusieol juolge sail hr would canon. nee by reeertainiug
t fart. eery prosal, and what was the legal infemnce to
arissu (10411 them, an lit would thee he ineutubent eau
lute to date-mine how thew facts were to be Welt with,
having regard to the law applicableto such quationsas were
involved in the awe. It was sot necessary to eta the
evi.leuee at any very great leach, because no ovalowe hod
leen produced on the part of Mr. Boswell. There was no
c'ntlict of testimony ; there was no comparison of wit-
ne.se. b. be mole. All the court hall to do was 4. ..;:o:•
Jain the effect of the evidence. The leartoel judge then
analysed at consitikaLle tomtit the evid.-uce. with which the
public an, already familiar. In the course of
his e .aminntion, he adverted to Toroth'. threat with
regard t Mr. Penwell, awl after nue, king that the witness
hid pnobably forgotten the expr.4161,41.1 whxii lie
had put iuto untie{, Maki that in giving his co iilenca
Mr. Voraili ...Whited a jus ifiable indignation.
With respect to the occurrences during the period
when Miss Yorath was staying at Mr. Bouwell's own
house, the learned judge said he gave credit to Mrs.
t;iinn's testimony, too the effect that Mr. Boswell and MI:.
Yorath slept in the bed. After eencluaing his aualysis
of the evidence, the learned julge oontunk.st as follow. :
Thaw are the facts a. deposed to by the witueses. Ihi the
part of Mr. Bouw:11, no witness has io..en exatuincil. There
is sad only no coutraolietion, but no explanation offered.
There is no attempt to account for auy one of these trans-
action. ; no exploitation why Mr. Bonwell visite.] Newport;
none why Miss Youth psiased by the name of Mrs.
Mersey, soil why he took the lodgings for her; none
whs. she cams to the wsitlence of Mr. Boswell, iu
Thorahilterweent ; note why Miss Youth came to the
almool.houo!. Had those transactions admitted of any
es;laulCon c nagent with innocence every tumive that
can actuate the human heart must have induced him io,
att.ord that explanation. Oa a review of this evideuce,
entirely uneontrailieted and unexplained, the conclusions
to which I must necessarily none are that Mr.
'Loomed seduced this young I.ay ; that he, being a merriest
161,111, lemon...Al her marriage, and that he had the almost
inconceivable effrontery to, carry on this preteuee before
the chancellor of the dimose of Llandaff and other reopeete
able persons ; that the consequence of this amour liecongeg
apparent, he niacin'skd his victim miller a feigne.l nante iii
beigiag. in his house ; and finally, to the great scandal of
the parish, she was delivered of a child in his own sexed.
house. Throughout all these latter trawitctiolis, the birth aria
burial, he couiluet..l himself a. the father I,l' the child No
man of mane mind could so hare acted except under this
belief. No puma et common seism considering this evidence
can entertain stay rational doubt that it establishos the
foot that adultery has been coommittel!, though it may be
that the peed., time and. place are not designated ;
hat the doctrine of law Si that time and piece
are not seaseery. 0:1 this point, in addition
to many recent eases, there is the authority
Trotter and Trotter. These are tile facts, in my judgment,
egablislied by the evidetwe ; auil, in my opinion. all the
most important facts allegea in the articles are proved. I
do ant, however, decide this case up in the ground that
any apecitie art of adultery he* been proved
within the diocese or without, bat I decide
it upon this ground, that Mr. Nonietell so conducted
homelf, mere especially in the latter part of thee, transac-
tions, as tio csu, it to be believed that lie was the father of
the hil lot which youth was delivered, mid that
no new man, unless he hoof h -tiered himself to lee the
father of the child. c mkt so have conducted
loins. :f, awl of coolie he coal not believe himself to be
tie (Ato-n of the child unless he haul amomitted aohiltery.
Ties elultenous connexion is inaudestly, and, I will sold,
nmessorily, the motive and (immolation of all Mr.
Itouwell's conauct when Mil_. Yorath came to Lou-
don awl its ne,;hbourticooll. Tied Mr. Beiwell has
committed the very gravest of ecie.iestiell offeam:-.s••
duetioon, adultery. (rand. and oleeeptiou—cannot be tbouht-ol ;
the proof I. unc nitrate-owl awl es...morbid:nine. The [wet,-
eery con.equetc. has been the gravest public scandal, fur
the worst example has been sat to hi: perishione :4-- -those
whose spiritual interests he air boutsl to wsteli °tir sail
pre: .et.. I here poliolered carefully wittil decree it
nay duty to pronounce antler thee cirmilastaniee. I have
carefully consklered whether thero say circumstances of
extesosatios-1 can fie! Drone. There is not the penis-
tic, of early youth ; there is not the strength of temp:a-
-t-Mu which may l.rxal.ly beset the single man ; there
is not a merely accidental deviation foe,, the rules of mora-
lity ; but the re is a married m.on with a family—a wife, tie:
heel ..f • 1.. lie.' college ; there ho stein ction —the ilsoighter
.4 1111X••••.1,1 I.lolVallAl3, with a blind mother—e-oluctioon
deliberately carried on under the pretense of nl.lf •
I'6o. There is one thing moo c moat disgraceful --
the attempt by Mr, Boolow.ll to throw the blame upon the
victim of kis ungoverorl passions. Mr. Batmen pats this
olusotioon to, Mr. Yeruch - " 1.i.l I not infers:, you that
should never ha.e gout dean to Newport at all
mks" it had been that MC. Troth earnestly re-
. 114•111,11 me I—Answer : No, I am not aware that you
doh' But there is ono further een.ideration, aid that to
which this count is most especially !wan.' to pay attention.
The Se- or of 110:110 of these olisgrace; ow...merger.% was the
aiseeatioooise of the parish ; the place where tai. .host tinter-
tunate la ly was conceded and Liget:red by Mr. Bouwell, and
were, though pmbaLly from unforeseen exigencies, she was
delivered of a ilidol—delivered of an illeg:timato child, the
etbopring of the ineumbect of the [arid', and brought to
too. very plese by his ice tramentility--the pla-e,
the sehoodhouoi Will re the principles of religion
were to be ineuicatel, the great foundations of sound to -
inlay :all, and an example of put i v shown - -this very place
has 1.. en pelletal ; the ministry of the church ham been
di.gr clad ; ull moral awl religious personas in the parish
offewlea. What rational hew: is that, that Mr. Bouwell
will you e r again fulfil his spiritual duties to the pariationiets
of this parish to their edilieatioe f None. The sosoteuce
which I pronounce is, deprivation and condemnation in
ante

Mr. Ilmwell here rose, and raid—" My Lonl, I hereby
prote*t of a grievance, and give notwe of appeal."
It was then aundhaeed att the appeal, which is to the
Judicial Com:nitteo of the Privy Conseil, will stand for the
Ant session of the nest term.

THE POLICE COURT&
(TRW DAY.)

eLERKENWELL
TI/T% CASEJ4 AGAINST ONE AI OWNED WANTED