The British Press; or, Morning Literary Advertiser.
London, England, 1821-07-30 00:00:00

♦ICKLAT C. ARKLAT.

This was a suit of diros sr, by mum° of adn It ery,
promoted by r Mr. John Arklay, of she parish of St.
Dunstan, Stepney, retort Ann, his Rife.

Dr. SWABILY read the plea, by which it appear-
ed that these parties were Married on the 21.1i1i of
July, 1814, in the city of Montreal, iu Lower Ca-
nada, by a minister of the Presbyterian congrega-
tion there established, and by virtue of a license,
granted by his Excellency Sir George Tievold,
Baronet, Captain-General of the province. It was
alleged that Captain Arklay sailed on a trading
voyaye to the West ladies in April 1817, hiv-
ing previously cohabited with his wife, but that,'
on his return in June, 181-8, he had received intel-
ligence of her misconduct, and therefore imme-
diately withdrew himself from her. The evidence
of Sarah Thomas, formerly a servuot in the employ
of Mrs. As khry, set forth that the witness, in the
'spring of 1817, and shorly after the departure of
her nester, became greatly astoni•lied at the impro-
per conduct of her usis.cess, and expressed •se
desire to leave her, but was told that if she did she
should revs ive no wage. ; that being, therefore,
compelled to email., -she remembered that Mos.
Ark lay formed an adulterous intercourse with a per-
son of the name of !Johissene; that this connexion
continued for some time, till Johnson was arrested
and put in the Marslialses psi-on, where he was
visited by Mr.. Atkins-, alto cohabited with ldin
In December, 181.7, "slrs. As klay was visited by a
Dr. Mayne (calling himself a triend of her 1 um
band), 11l lies residence in Borr-stteet, the house
of .Jr. Arklay. A bed was nude tip for the Ducts r
on the bola in the pallour; and Mrs. Ai kid). to-
struc ted her servant, whenever I.c was in the house,
to deny her to any one OSA!. %%lien Dr. Matins
went to Port-month, he was fibilowed by Mrs.
Arklay ; and the-cohabitation of these parties at the
Star and Garter line there was pretty dittinctly
proved. Upon the lady's return to town, a Cap-
tain Thomson and a 111 s. Malmo were successively
the fortmiste possessors oh her most intimatefrietid-
ship. The Learned CUUlliti thirst adverted to the
deposiiimis of a Mrs. Lee and her servant. Mrs,
Lee alleged, that in J .I,u4ry, la tn, Mrs. Atklay
hired lodgings in her Lwow, ise Lower Eaton-oirerl.
Grosvenor-square, stating herself to be the wife of
Captain Arklay, who was at that time out of Eng-
land, and trading on the enact of Africa ; and re-
ferred Mrs. Lee, on being asked for u reference, to
a merchant's counting-lion.e in the city, where sLe
was known and described as Mrs. Arklay. Mrs.
Lee spoke to her belief, tend while Mrs. Aiklay was
an inmate of her house she had adulterous enter.
course with a variety of gentlemen. Upon the
whole of the evidence, the Leurbied Counsel sub-
mitted that there was distinct piouf of Mrs. Ai k-
lay's having lived in a course of great prufl.gacy
during the absence of her Inisbasid, and that Mr.
Ai kis). was fully. entitled to Ibis prayer.
Dr. JEN ti ER said, that on the part of Mrs. Arklay
certain recriminatory charges had been given in,
which were not, however, sufficiently made out in
evidence to warrant him in expecting that he should
be able to establish them. They were in substance
these :—That in 1815, and nut lung after Mr. and
Mrs. Arklay had strived from America, Mr. Ashley
became criminally connected with Charlotte Go.
dirsge, a servant of theirs, in Burr-street, and that
she, being then in so advanced a state of pregnancy
as to excite the attention of every person in tie
house, was removed by Captain Arklay to lodgings
in the City-road, where she as delivered of
child; that such criminal connexion was contiourd
long afterwards between the parties; that eel
Mrs. Arklay's venturing to remonstrate with her
husband, he told her she might be d—d, and that
the boy which Charlotte Godinge had was nothing
to her ; and that upon this, awl other obsessions,
he heat soil otherwise cruelly ill-used Mts. Arklay.
The Learned Counsel having admitted that these
statement's wanted full colifirmatioto, applied Wes-
sell to the evidence of Sarah Thomas and Mrs.
Lee, contending that it totally failed to establish
Mrs. Arklay's identity, and that his Learned
Friends, therefore, could not possibly sustain their
CAW*

Dr. LUSIIINGTON, who appeared for Mr. Ark-
lay, shortly recapitulated the fawns alleged, and ob-
ervrd, ulthough the identity, in point of form,
might have brrii snore fully pleaded, it was, in
p.,mt ul fact, rout ly submarmaird by the admis-
s►ou of Airs. Ark lay herself to Mr.. Lee, upon the
occasion of hiring, lire lodgings, and by the molt
af the 'minim, made by Mrs. Lee at the place re-
ferred to by Mr.. Asklss), ..loch was in exact cots-
lorasily to those representations.

Lord STOWILL concurred in this opinion. Per-
haps Ilse darer ul • entire •urple exposition of the
identity nasuttributahle to the *ay in %bleb ihe
&waitrons bud 4stru token by the ram mer in this
ca*e; but shlficirest bath b►en proved to leave no
doubt ur los nand u• to the fact of that identity.
Uwe wus am übuud■nte of adulterous acts, and
uron the proof of them he felt based to prournince
fur tire separation preyed.
Tilt MARQUIS OF 0011,041. IP. MAT, FALSELY
CALLED THE NIMOCHIONFAS Of DONSO/L.

This cave has beers already male thins once be-
nne the public. It is a soil of nullity of marriage
by reason of minority, the 11111.1fi lolge having been
celebrated so lung ago as the year 1793, slid there
being issue by it Descent children. all of whom will,
of course, be iliegitimated should the original cons
tract beset slide. Collusion between the Iwo noble
. ponies um charged to have taken plate on w foe-

tar lwuriug••lf the cause, and te'crgument wins'
to-day to have been fully entered into, but
Dr. liwAtatti took an obketion to the jurisdiction
of the Court. His party (Mr. Arthur Chichester,
M.P.), who was the next in succession to the en-
tailed estate, in case the marriage should be de-
clared invalid, had alrerdy appeared under protest,
'alleging, that he was not liable in a suit of the pre-
sent description •(.vhich could only immediately
concern the Marquis and Marchioness) to be made
a party, by being called upon to see proceedings,
but the citation set forth,-that the Alarcliioness of
Donegal was of the parish of St..ditmee's, in the
county 0r Middlesex, and therefore within the jors-
diction of the Consistory Court of London. It was
sworn, harever, in the proceedings, that she had re-
sided for the four years last pest, and was now re-
sident in Ireland. This circumstance, therefore•,
took the case entirely out of the local jurisdiction
of the Court; and the Learned Counsel forayed
that his purty might be dismissed, accordingly,
from all further observance of the suits. _

Dr. LUSHINOTON followed on the same side.
The Counsel fur the Marquis of Donegal (Dr.
ADAMS) and for the Marchioness (Dr. PHILLI.
Moat) both contendrd, that allowing the objection
to he a valid one, even it was not competent to Mr.
Chichester's Counsel to take it. But there was
nothing to chew that the noble party herself was
out of the jurisdiction of the Court. That she wilt
resident in Ireland, sins sworn only to the best of
the knowledge and belief of a Mr. Stratford Robin-
-sou, and the mere fact of her having assented to
uppear was sufficient to friund the jurischetino of
the Court. The cases of " Lord and Lirly Her-
'bed," and " Tenducci and Tenducci," were cited
in support of this po-itinn.
Lord STOWELL said lie would take time to con.
eider en objection so import.uat di this was, red
give his opinion an the matter upon some day next
week.