The Northern Daily Times.
Liverpool, Merseyside, England, 1857-04-18 00:00:00

BUTLER v. MOUNTGARRET-ROITANTIC CASE

All the Irish law judges are at present sitting on this
important and hotly contested litigation. The most eminent
members of the bar are engaged on both sides. The case has
been repeatedly before the public, two trials having taken
place at the Kilkenny Assizes, on the first of which there
was a verdict for the plaintiff, but on the latter for the
defendant. Exceptions were taken by the plaintiff's counsel
for the rejection of evidence tendered on his part, and the
admission of other evidence received on the part of the
defendant, and the Court of Eeehequer having overru7ed
the -exceptions, the questioes came for argument
before the Court of Error. The following is a short
outline of the leading facts :—The last Earl of Kilkenny
who died on the 18th of April, 1846, was seized of estates
in Ireland, and was eldest son of Edmund Lord Mount-
garret, who had four sons. The present controversy was
between the issue of two of those sons. The eldest son
was the Earl of Kilkenny, who died a lunatic, without
issue ; the second, Somerset, who left no issue ; the third,
Henry, father of defendant ; and the fourth, Pierce. com-
monly known as Colonel Batler, father of plaintiff. Henry
died on 6th Dec., 1842, and if defendant was his legitimate
son, he was entitled to the estates. He was his ton by a
marriage celebrated at Brighton in September, 1811, with
a lady named Harrison, but plaintiff'.; case was, that at
that very time Henry Butler was marred to the widow
of Colonel Colebroke, in Scotland. To December, 1809,
Henry Butl:r had become acquainted with Mrs. Colonel
Colebroke, then residing at Brighton with her two infant
daughters. She was a remarkably beautiful woman, and
poese,sed of a large jointure. From Brighton she went to
Sloane street, Lendan, and Henry Butler cohabited with
her, the result of the intercourse being the birth of a child,
which soon died. This was in 1810. Mrs Colebroke then
proceeded to Edinburgh, and in a letter dated 15th August,
1810, to his brother, Colonel Butler, Henry Butler stated
that his little wife, who was to be, had had a hard struggle
with death, but was now recovering. She was then pos-
sessed of a fortune of £2,000 a year, with a large allowance
for her children, while Henry Butler was in distressed
circumstances. In Edinburgh she kept the best society,
the:intercourse with him not being disclosed. Among her
acquaintances were Jeffrey and Stewart, and Lord John
Russell was also in the same citele at tle time, but not
Lord Palmerston, -the latter being then Secretary at War.
In 1810, Butler not being with her in Edinburgh, Mrs.
Colebrooke appeared to have beeline attached to a young
Irish gentleman of rank, named Taaffe, heir to an estate of
£5,000 a year, but his intimacy with her displeased his
father, who disinherited him, and he was now living in
Italy a stranger to his native land. In the spring of 1811
Henry Butler came to Edinburgh, and orders were given
by Mrs. Colebroke to exclude him from the house. He
nevertheless visited it at an inopportune moment, Taaffe
beim: at the time in the bedroom of the lady. Henry
Butler persisted in forcing an entrance, stating that
the mansion was his own, that and Mrs. Colebroke
was the mother of his children. Sarah Stride, the
lady's maid, who is still living, locked the bedroom
door on Taaffe to avoid a collision. It is sworn by Sarah
Stride that Mrs. Colebr dee and 11. Butler went into the
housekeeper's room--that they -then went to the
bedroom, Taaffe being brought away in the interval,
and that after a short time she Sarah Stride, and two
other servants were called up, and Mrs. Colebroke said
she and Butler took each other for man and wife ; which,
if a true statement constituted a valid, but what is
called an irregular, marriage in Scotland. Butler and
a M -s. Colebroke stopped a short time at a place called
Elvansfoot, but they had a quarrel. She fled to
Whitby, and thence to London, and in September, 1811,
Henry Butler married the mother of the defendant,
while a marriage was in 1812 solemnised between Taaffe
and Mrs. Colebroke, in Preston, by a Roman Catholic
Driest, which was invalid, she being a Protestant.
The other romantic incidents connected with the else are
already familiar to the public. The plaintiff's exceptions
were taken to the rejection of evidence which he tendered
of the Dowager Lady Ormonde, of her having heard in the
Gamily that Henry Butler had been married in Scotland,
and also to the rejection of passages in a letter from Somerset
Butler to Pierce, in which he stated that Henry Butler
informed him that Mrs. Colebroke had culled up some of
the servants in Scotland to be witnesses that they acknow-
ledged them-selves to be man and wife. This and
another passage were relied upon, not to prove the facts,
but as evidence of reputation, but was rejected. Lady
Ormonde's testimony principally, because it went to add a
locality for the reputation of the marriage. The exceptions
to the defendant's evidence was grounded on the admission
of the postmark and a letter written by Mrs. Colebroke to
fix that it was written from a particular place, and also the
proof of certain letters produced to chow that after the
alleged marriage in Scotland Mrs. Colebroke still continued
to sign her name es Belinda Colebroke. Mr. Butt, Q C.,
has argued on the part of the defendant, denying the fact
of the celebration of any valid marriage ceremony between
the defendant's father and any -other party save Miss
Harrison, the lawful wife of the late Lord Mountgarret.

PASSING A FORGED TEN POUND B4llVir'

At the Southwark Police Court, on Thut
Brown, 37, who described himself as a smith,
58, Friar street, Southwark, was brought tIP
examination, charged with uttering a forged Ile
England note to Mr. Joseph Pridgeon, the lane
Coaehmakers Arms, Robert street, Blackfriars
Pridgeon stated that between 7 and 8 o'cloa
evening of Saturday, the 4th inst., the prisoner
had known before as a customer, came into •
and asked him to b 3 so kind as to change a 11°
England note for Mr. Perkins, a beershop keen
Witness knowing Mr. Perkins as a neighbour
when the prisoner gave him the note produced,
was in a very dirty state he did not particulari
it, but handed the prisoner ten sovereigns 1,
the prisoner wrote " James Green" on the
saying that was his name. After that
the note away to Mr. Hawley, tea dealer,
friar's road ; and on the Wednesday follow;'
returned to him by the banker, marked
when he returned Mr. Hawley the more
!nation was then given to the police, and en(
instituted about the prisoner, but nothing was
until Wednesday, the Bth inst., when he saw
Prince and Princess public honse, Gravel lane.
went up to him and asked him whether his tame
James Green ? He replied in the negatf
that his name was James Brown, and he _
seen him before in his life. Witness called 1
constable 110 M, and gave him into custody, gu
the police station he was charged with utter
-ell note to him, which he at first denied, but
he acknowledged changing the note for James
not for Mr. Perkins. Several witnesses hav!s,
borated Mr. Pridgeon's evidence, Mr. Joseph
inspector of bank notes at the Bank of Englam
the note, and pronounced it to be a forgery.
been a great many similar ones in circulation,
taken off one plate. The signatures on
"J. Ferraby," and if a little precaution was
could soon be detected as forgeries. Mr. Br
fully committed the prisoner for trial.

At the half-yearly meeting of the Agra and Urn
Bank, held at Calcutta on the 14th of February, the
the six months were stated at £49.360, which, ,
of a dividend at the rate of 10 per cent. per ann
£11,860, to he carried to the reserve fend, maki
of that fund £149,250. The premises recently ,
the agency at Canton have been burnt by the Gbh
books and documents were saved, and the fleeces:my
been taken to substantiate a claim for full loftily
bank is henceforth to be a London establishment;
rectors are to be the Lord Mayor, C. G. Manse!,
J. H. Macdonald, G. G. Macpherson, Major Get
Colonel James Holland, W. Newmarch, A, Riming°
Palmer, J. S. tqopford, and Lieutenant Colonel Dr
RAILROAD DISASTERS IN AMERICA.—RaiIrOad
have followed each other vs He fearful eepidil
accident similar to the one which recently occt
Desjerdins Canal, near Hamilton, though not ac
by its appalling results, took place on Tuesday, 23t
at a bridge over the Muddy Fork, between New
and Salem, Indiana, U.S. Two _passenger -
precipitate 15 feet into the water, by which oae
was killed and two others were wounded. Alf
Pittsburg, dated March 27, states that the
attached to the east Liberty accommodation ti
Petellvania R ilroad, when rounding the curve et"
station, a mile ease of Pittsburg, ran off the tractsi;
down an embankment fifterfeet, and exploding svir
noise. The tender and, three passenger cars
carried down the embankment a short distal
fortunately did not turn over. One hundred'
were in the cars, but none of them were eerie'
except a young man named Valentine, emplo
train, whose leg was horribly shattered. The
is a complete wreck, and the tenders send cars are'.
better. The accident is attributed to a defective rail
How THE ENGINEER DIED AT DEVARDINS%
ginner (brave fellow) whistled "on brakes,", afl
endeavouring to avert the catastrophe, went dons
engine. Instead of attempting to escape at the firer
he staid until the moment when the engine was
into the abyss, and was reversing tho engine, end(
possible, to prevent the fatal result.—. Hamilton
When the last account of heroes is made, it will coo
other names than those of the soldiers we are wont to
with the title. The engineer who lies under the Ice
jardine, the boy on the Central road whose dead
finger-
found clutching his brake, and hundreds of ether
heroes on our railways, who meet death rather tits,'
duty, are entitled to higher monuments than the "
Malakoff.; and captors of Redans, —Albany Evening •
This is the right sentiment, and we are glad to gee
distinctly declared. That is the truest courage, the [Du"st
isra, which, without regard to consequences, performe
because it is a duty, and needs no other intent
York Commercial Advertiser.
THE PRESS AND THE ELECTIONS.—When rein •
are being elected, every Briton who is an elector,
actually a member of the G wernment, The voice
people is our supreme law, but the people (except'
latter days, through the press) speaks with audit...
when it determines to give power to the opinions it.
by giving legislative power to the men who ale!
them. Against the power of the people there alvy
fought—in the beginning very vigorously, now,
faintly—the power of great lords and men of 0"
there has fought also; until the ascension of oe
Queen, with snore or less activity, the power of the
The development of journalism has within the last t 1
tor/ years, been of a kind to make of it, in good (1
for ever o' the dumb lips of the people.
limitation o: the time for polieg, and of the ott
provisions made by
the Retorm B 11, have end,
taken away the bittct....l
els that raged of old in aOl,
contest. A more
power,r.ul cause for the change the
come over our election time; is, however. to be
the enla-ged sphere of action ar;
the increased talrf
by the public pre-s. Through the
przss the male;l3 its voice heard daily ; through the presstt coral/
tion daily to its wants and claims.—Thactes:B
Words.
PROGIMS OF FREE TRADE IN RUSSIA
makes progress alike in free and d, spotie e'esee
Russia recently published a new tariff, in which e,l),,ied to
ble reductions are made on the duties formerly le of tofro
numerous ankles of import, and the govern's' „. cot n,
Pope has lowered its tariff by 50 to 70 per cent. `3-00,1'
and woollen fabrics, clothes, soap, oil, and other
dities. The United have also taken onetoe., OOP'
towards free trade. The duty on spirits is reducieuotll
100 to 30 per cent ; on cut glass, rosewood, ant'o ee
e,
manufactures, prepared meats, comfits, cigars, robes'
alabaster ornaments from 40 to 30 per cent. ; e gl°l
clothing, coal, coke, ton fectionery, dolls, furniture'
hats,, hemp, iron, jewellery, manufactures 01 Alger'
kinds, muskets, olive oils, paper, saddlery, seaPtlo4ol,4,
tobacco, &c., from 30 to 24 per cent. .nethicartin:
smaller amount are made on' a multitude of other in I.
It is true the schedules, lengthened as they are!tuto tot
include some articles, such as iron, which CO Del
head and front of the Protectionist system 112441m-o'd eve
these changes are, nevertheless, considerable, and offect°l
new tariff reform in the United States has preeillil
isolating the more injurious monopolies en-feli, P„ial
an assault under which they met ultimately
gratifying to know that the good cause of free c0e.00,04
intereouree makes progress in all latitudes and ~tireach,,,,l
forms of government, and that we are daily Or- err"
nearer the happy condition when mankind, whatev
Jo
differences may divide them, will be knit together&
.ski
bonds at least of material interest.—North BriliP.
Mail.
SPIRTUALISM IN MASSACHUSETTS.—This use 8 1 0 _ 1-
is advarcing steadily in New England, and is
,1:11„te re
now than in the days of witchcraft. Its n/`l,O silo
quackery and gim-erackery, the cant of old relUevel;
are e slaw
claimed ? of pto rogres
bes," r s
espectt uits heable latit
in udenumber'. The welo6 t,
pi
mediocrity in talent, and found in the meet , es;i4,
circles of our upper and literary claszes; ger: busll3,—;:(l
in the Church, in political life, in literaturefe,%eenbow.,"o
are secret or open believers in the intercourse 01 ul"„not -
with embodied spirits." The :Spiritualists env,riratso,,fi
weekly paper in Boston. The Hese England
clergya!m,;
whese editor was formerly a Presbyterian d
which circulates between three and four thousand will pd
another, to be called The Banner of Ligi.'"llanntribe
issued by Luther Colby & Co., in April. The : u9in lO
Light is to be edited by a gentleman once notoroenetabr
newspaper world as the conductor of a difsferet (030
journal. It is estimated that there are 25,000 -• $/pOO
open Spiritualists in Biston alone. Not more th_ phrss:
or 10 000 are avowed believers, or, as the orthod?;gs °Pejo
is, "professors." They have three places of teach' eerl,,d
every Sunday. The Melodeon is open twice' lehre.-,
generally occupied by trance mediums, or ce free'
expositors of the creed. The audience there average'. 001
400 to 1,100 persons. There are services thrice
of 400
Sunday at Horticultural Hall, with an attendance del for
every session. Chapman Hall also is open thrice 11_00111
the public discussion of Spiritualism and spiritual ''' teak
tations. Andrew Jackson Davis' writings have a 52,000
sale. Of his last volume, entitled Pereetralia:volali
firto ; _ copies have been sold. Of Judge Ednaond
1,200 copies were disposed of by pne Boston Bookse,l, 001,1
the Spirit Minstrel (a Spiritual music boot)' the
4,000 have been sold; while Tiffany's Mont •ose, era
Spiritual Telegraph, and other pamphlet publicatt
_ad bi
much more readily bought by believers than r_w„ (brio°
sceptics. The Rev Mr Godard has spiritual serviee!serabli
every Sunday at Chelsea. There are two places of s%/10000
at Cambridgeport open on Sunday, where traecel,7o,o eve
for the most part, try to edify the public. ejbeci
occasional Sunday services at Roxbury aloo•-•"6"
Argus.

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