The British Press; or, Morning Literary Advertiser.
London, England, 1822-05-23 00:00:00

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Diaebarged and relieved from various Prisons
83 Lktitors, fur the sum of
Cousidered the Cases of. 6l Petitioners,
Approved
Referred fur Cbaratters lO Petitions,
Rejected
Considered Inadmissible

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Lord Chief Just ice ABRoTT—" If their affidavits contained
any thing which was not matter i■ reply, you should bane
objected to ahem, but I am not aware that they do."
The Marquis of Westmentb--" It was merely by accident
that the day before yesterday, in looking over my napes*, I
found a paper In the hand writiag of Lord Nugent, which
was a note taken by him in the presence of Mr. Wood, in
which lie admitted a conversation ttlikave taken place, which
he has now in his affidavit denied. It is only to that single
point, which my Counsel did not know of. Your Lordships
will consider what my siteation is in standing here; must
painful it must necessarily be. It is only as to that single
point I wish for the opportunity of answering."
Lord Chief Justice Assorr—" What is tips ectoversation
you 'Mode to?"
Mr. ScAILLETT-0 I must, Illy Lord, object. If there is
any fact in Mr. Wood's affidavit which he has stated falsely,
be is open to the ordinary means of justice by a prosecution
for perjury: t►at is t►e course which t►e Cuurt has uni-
formly takes. If it i■ wanted in shew that there ta some
particular fact iu Mr. Wood's affidavit which is nut true—if
it is nut, be is open to an indictment for perjury."
The SOLICITOI.G lt is a most material fact,
namely, that Mr. Wood was willing to meet Lord Westmeath
■ny time be thought proper."
Mr. Justice BAYLCY.—" There is no doubt, then, that
that ought to have be. i■trodaced urigieally."
The SoLtcritto.-Gmiutto—" Bat Lard Westmeath has

Mr. BILOUGRAM—H They were 'hewn to him under 4 sti-
pulation not to communicate their contents."
Lord Chief Justice Annernr—'4 I think our proper course
is to abide by our ordinary rule of practice, and out to de-
part from it in thin instance : I don't feel justified in doing
any thing which may hereafter be quoied as a precedent."
The Marquis of Westmeath—'• My Lord, will you allow
me to say one word ?"
Lord Chief Justice Assort—" My Lord, we will hear
your Comm!, which is, perhaps, better fur you, as they
are better acquainted with the practice of the Court thau
you are."
The Marquis of Westmeath-4' It was merely to mention
what my Cannel do not know. Lord Nugent was forced
yesterday afternoon to go down to Aylesbury on particular
business, so that if your Lordship bad allured him to make
an affidavit, be could not have been here in time."
Lord Chief Justice AIIIIOTT—" I think we ought not to
depart from the ordinary practice of the Court, from the
great danger there is in breaking is upon it in a particular
case, which may beanie a precedent, and so introduce great
confusion is the administration of justice. If that which is
sworn by Mr. Wood is entree, there is • course of proceeding
open. I don't think we cast venture tu du it."
This case was opened by an attempt on the part of the
Marquise, Wesimeath's Counsel to put in affidavits in reply
to those of the prosecution, and particularly one on the part
of Lord Nugent to support • circumstance originally sworn
to by Lord Westmeath, but now desired in the affidavits fur
she prosecution. The Court refused the •pplicatiuu uu the
ground of informality.
We have already gives the speech of Mr. Scarlet) for the
prosecution, and the Solicitor-General's in reply, as wellies
the affidavits at Isitgth.
Mr. Menai In this case I sin with Mr. Scarlet,
and I could, to a case of this hind, have been well contented
to have left it wish your Lordships after his very eloquent
observations, if I had out thought that Mr. Wood does nut
stand here an much to pray for your Lordship's judgment
against Lord Westmeath, as he does to protect his person
from future violence, and to vindicate his own character fi um
the imputations which are east on it in this affidavit—an affi-
davit which appears to me to have carried die privilege of
offering matter in mitigation to an extent which I never
heard of before, and in which that which ought to have been
urged in neitigatius, by an abuse of the privilege, has become
the vehicle of a still greater injury than that which in the
first instance was the offence fur which your Lordship's
Judgment was prayed. I shall fur a very few moments only
all your attention to what occurs to me on this subject, vs
Mr. Scariest has touched upon the principal points. But we
are told that something further is to be produced in answer
to our affidavits. It is a matter of curiosity to inquire what
that something can be, and when I hear my Learned Friend
(Mr. Bro•chant) nay it is • matter clearly in point, and when
I bear the Noble Defendant say it is to what took place while
Mr. Wood was in his own house, and in the presence of two
other persons whoemicur with Mr. Wood in what he has sworn,
I cannot but call your Lordships' attention to this, that every
other part of our •ffidevits remain uneosiradirtrd. Well,
then, here is • trustee of the family, and a friend of the
family, who was inirudeard is Lady Westmeath as au old
sad trust.worthy friend by his Lordship; he is to be insulted
and abused in • public street of London, by an individual
•t whose desire he mingles in their concerns, by an indivi-
dual who for a long time seems to have thought himself
obliged to him fur his endeavours to recuncile their family
differences; yet the Noble Defendant, instead of withdraw-
ing his violence, or retracting the expressions by which Mr.
Wood has been insulted, it has been thought proper to place
on the files of the Court, in an affidavit, a number of state-
ments which are as calumnious as they are unfounded in
fact ; and there is no attempt to contradict or deny say of
the facts which are Vitoria to isi our affidavits, except in that
sni•ll and trifling point, which becomes trifling in a case
where she only que.tiuu is, if there has been a greater or •
lees J of violence. 1 can only say that, looking at his
own affidavit, as well es those which hove been put in to
contradict that of the Noble Defendant, I think your Lord-
ships will think he is divested of every possible excuse for
the violence of behaviour for which t.e sow stands on the
floor to receive your Lordships' jiidgenesit ; and I subunit it
would be an act of the greatest injustice to Mr. Wood, to let
it gat forth to the world that the Noble Defendant is not is
receive the full measure of justice at your Lordships' hands,
fur whit was out only usiprovoked at the time of commit-
ting the violence, but when what he now offers in the shape
of palliation is an gross an aggravation of his offence. 1
shall detain your Lordships no longer. With regard to what
has been said as to the affidavits, we have some right to coat-
plain, when it was put to the Court that toy Leagued Friends
on the other side had out seen them; certainly Mr. Brode-
rick had men them, and it was in the exercise of their own
discretion if they did not cheese to introduce toy affidavit in
reply; no doubt they might, if they had seen any material
fact stated which it was important to have contradicted,
though the affidavits themselves is their whole contents
could not be properly cuaansuilicated, yet the particular
pars might."
Mr. Bnotinuate said—" I ens Counsel also for the Noble
Defendant, and certainly it is far from my intention to oc-
cupy raspy militates of your time, by which I should only
run the risk of samikening the effect of what Iwo bra gaol
by my teamed Friend the Suliewor-General ; bus I cannot
help noticing that which must be the feeling of every body
who has heard of these sufortueste Omega, and whim. every
one must regret has been brought before the public, as to
the conduct of that must excellent proven Goon whom a
letter has been reed to-day-1 mean the Marcheaness of Sa-
lisbury, whose demeanour very delicate circumstance, it is
impossible to praise moo high, who did that which all pee.
SOWS is like cases ought to do, when qaarrels ere brought
before them of penrous in the near cuunexion of man good
wife, Hold both of yon your peace, you must both be is
the wrong: But the letter goes en to say, that she, as the
mother of the Marchioness of Westmeath, could not bear
the conduct of her own daughter—a degree of truth and
antics extorted from the mother certainly at the expense

of her daughter. I have only to say, that the blame which
has been so vehemently urged against Lord Westmeath for
his affidavit, by any Learned Friend the Counsel for the pro-
stitution, appear, to me to be greatly misplaced. Indeed
he is told that 'be Ilse grossly abased the privilege o:
mitigation,' said my Learned Friend. Why, my Lord, was
it heard of before this day, that when a man is pros,-
elated aid brought up for judgment fur a personal teeming, r
with another, that be should rater memo what into the pre.
views conduct of that other, sail state nut of what the en
punter arose; and that he ihould also state in mitigation
el his offence, those cireeenstances, not only as to the roll-
fleet of his adversary, but also as to the conduct of other
persona who had mixed themselves up with the transaction,
some of whom are uecessanly mixed up, and others have
voluntarily mixed themselves in this most painful and deli.
rate trainmen°, ? What could have been more properly an
itegneseet is mitigation, than to skew the eosidect of the
Presseeter, sod with when the array begs., aid I. show
that there was in his conduct that which could not but be
Resoling lei the Delia. of the Noble Defeedant ? My
Loomed Frirad, Mr. Scsrlett, went over every part of Cie
case with his usual address, upon some parts dew-awing
gravely, upon others be tripped meet lightly, and I never
saw a Counsel walk over the burning plough-sbares
an adversary's affidavits mote dexterously: not • word
about Mr. Wetherell, or what passed in the Court of
Chancery with reference to tholes words oat of which this
Hoeg arose, sad which was the proximate cause, end be
objects to our gulag Into the remote cause; but not
one word will be say himself or let us say. He will
not let es go into the remote cause, nor will be go him-
self into the proximate cause. Really allowieg my Learned
Friend the utmost latitude, allowing bun all the latitude
which be himself has taken to day, sll the punishment which
be himself has thought fit to bullet in his lecture to the No-
ble Defendant, as well in my Learned Friend the Solicitor-
Gegen! aid myself (though we are not brought op for jade-
meet as touching this matter), I conideatly pat it to the
Count, if the presumption sod inference must not be Oast
pair may perchance be given to him by such a latitude who
is the object of it; and that if a newspaper was to invest hie
argieuse•ts, urged with all the weight and force of my Ultra-
e.l Friend, whether it would be likely that the feelings of
any man would not be irritated ; but let this be compared
with the equally bitter sad vehement attacks of my Learned
Ft tend, Mr. Wetherell, sot delivered within the more precise
limits of this Court, but with the length sod strength of an
argument in the Court of Chancery, I can't help *bilking
that • little fellow.leeling may enter into our view of the
mesa him who was the unhappy triennia that Geutleassn's
observations. Now my Lord Westmeath having met Mr.
Wood fur the first time after this happened, be knowing
that Mr. Wetherell Ind been Mr. Wood's Counsel, he stated
that Mr. Wetherell had used language respecting bite (Lord
Westmeath), the most untrageoes to wasp's feelings that
could be, charging him with having been guilty of • groin
fraud before his marriage; that be had said,' Here, in
point of fact, is my income, which will afford us to live
i• such a style of splendour; I decoy you lots the
match, slid when you, seder the imputation of cruelty
and ill-treatment,get me to execute a deed of separation,
I will refuse you • maim adequate to the situation
into which I have ohlweed you by my falsehoods, and the..
when I am called by you into a Court to make tip the &-
Jemmy, I will plead is justilicalioe of my conduct—l will
plead my owis fraud.' Now that was what Mr. Wetherell
alleg di and Ace looking over Mr. Wood's affidavit, the
truth u Neither more tier leis than this : that before the
t. death of hie (mins. Lord Westmeath bad entertained the mr-
, pectatioon of • larger fortuaeoe that event than came to him;
that he, like many men, over-calculated his future
means: he thought be should be worth so many snore
thousands a year on his father's decease thaw he actually was.
• And this ea. annealed by the eloquence of my Learned
Friend, Mr. Wetherell, into a wilful fraud, accom-
panied with gross and outrageous cruelty. Lord West-
meath, the tat time he met Mr. Wood, states, that
Mr. Weitierell had made such • statement, and be de-
sires Mr. Wood to disavow that it bad bees made by his in-
structions. Mr. Wood does sot it first say that be will not
disavow it, but after conversing es the point they part, ant
• third person waits upon Lord Westmeath from Mr. Wood,
to know what it in whirl' he wishes Mr. Wood to disavow.
There were several meetings in thrsubject, when at last Me.
Wood auroras Lord Westmeath that he shall not comply
with his wish, when these words are used of liar and hypo-
crite, hut to which my (dead, Mr. Frearlett, has added a third,
namely,' a coward, hut which a---not le be found in the
words a question which were used, only so far as it may he
made up by letters in those words, which are naninsue to both.
Mr. Wood having,after much deliberation, refused to disavow
that be hail instructed Mr. Wetherell to impute all Ibis
to Lord Westmeath, at length comes the woods which
have been referred to, sod are before the Court. My
Lord, one word more en a topic which my friend, Mr.
Starlet., has introdund in the counsel' his address. My
Learned Friend says, that • greater insult sever was offered
to • free born Eregtielsoute than to have it said that he woe
obliged to the proudest Peer of the realm for the introduc-
tion of his daughter tato society ; for, sa), my friend, it is
no favour, for one Englishman is as good as another; they
are all equal ; the f is mutual, and we obligstios is
conferred ; Ind with uunierited iadiguatiou, he says, this is
as aggrava ion of the original offence. I do not des, the
proposition of my Lesrued Friend as to the equality of ail
men, except as to their Minorite value. Is the eye of Ike
law all parties are exactly equal, but I take leave greatly to
differ from him, whether in the eyes of a young lady (who
is not exactly to be compared to the law so skis respect)
they are exactly equal. I take on myna If gravely to deny
that in the eyes of a young lady of 17, coming into life there
is exactly the same respect between the peerage and other
degrees of men—that whatever be the rook and station, she
should just view solidity to mean nothing when rightly
undentood, except it lie a supettority of virtue—that she
should look at coronets of different orders, sad see no dlr.
Drente between them, except nisi one eursmet has a sterner
wirier than another—that she should regard in the same
light the wife of • Marquis and the wife of a tradestuen—
these things I take leave to deny. But in the great integrity
of my Leaned Friend, in his stern and philoro,ditral view of
it, he considers there sa. a mutual Nod flint obllit•tote ;
but 1 take leave to think the obligation was sot alt on
side, though my Lord Westmeath was indebted to Mr. Wont
for the volunteer protection' which he afforded to his ~re
when she chose to take herself from made, his protectioo.
My Lords, you are mow to deal with this noble perigee, an.t
trust yeti will take Tutu your couvideration the circurn.
stances of irniatios into whet h lie was goaded by the iipeeris
to valets reference has been made. No soothing eft et loos
produced by the slightest disavowal of oue word sf that
sore.h, although at sane time promised, as is sheen is one W.
the affidavits; and irritated still more by the conduct of the
penile In Meat, sod who ought to have been so dearly re.
lated to him, mud to shone it 111 impossible not to allude in
a ease which auhappity brings each party before yoer Lord-
ships. I shank, my Lords, you will be iuclined to look with
indulgence tie the situation of the Noble Defendant nude,
the isallueoce of nits attack, unmitigated by any disavowal,
lbws goaded soil wounded iu hie •Ifections, under all (hit
he Ind suffered from a temper, resprciing which I will say
so more tlraii what appears In the •Itidavit, ilia:- the very
mothis. • hie bore her could nut bear. I tens* under all thew
elrcumstatices your Lordship, will sot v.sit him with any
thole more this a nominal puuashmeet, porticulary when he
does nut appear la fore you to viudicate the conduct he
adopted ' • by his allowing judgment to go by default he hes
admitted lie was wrong, but if others have suffered • little,
be has suffered much more."

Mr. BRoDatick Mid—•• I ll= to adding year Lordships
au the b, half of Ilse Noble 1), readmit, but sal have uu Jo_
elsnalian to discuss tisoee topics ',Web hays bee. se ably
comaneuted •piso by aty Learned Rived', way duty will he
shortly to tall year Lordships' atteatiou I. what 1 conceive