The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-07 00:00:00

COURT OF COMMON PLFAS, Futur, Fri. 6.

V. DOICIL or aucatantram.
Mr. Sergeant PIAaE having obtained a rule cslling on the
plaintiff to whew cense why he should not make an aauendmcnt of
die avowries,
Mr. Scream Lawta chewed cause against the rule, and con-
tended at great length upon several grounds, but upon one in par.
uvular, which was that of delay ; the declaration had been delivered
the 11th February, thr rule to avow the 21.,1 February; the
suinmons taken out With February, and repeatedly renewed until
the 9th June following (nine days before the expirstion of the teen,
at which time the avowrios were put in ; on the I thbeJune the ac-
. fendant plaided in paste and ea the I Ith July nouns of trial was
given by defendant, but &tenthlce was counteririandal on the 18th
of the sane vueseh. and consequently the trial deg no&take plate,
and nothing further was proceeded in until she pft•mt term.
The Con NT here interposed, and observed it was of opinion that
in replevin, the plaintiff might have given notice of trial, if he hail
been anxious for it to take place.
tile. Sergeant Lames said he had not done so : and after some
• further observations from the learned tientlcnian,
The Cott IT Oat the rule absolute.

CONSISTORY Fai Ay, FEP. I.

v. WI I.I)EY,

Sir C. ROPTWPOY cmisc. It was a nit
losti•utest by Captain Wildey against his win;, for divorce, by
rowan of adultery. The parties were married on the 27th of
September. 1811, the lady being then only seventeen yeah of age.
They res!ded together until I kinkier, 1821, when Captain Wildey 's
regiment went to Ireland, and ho was compelled to leave his wife
to proceed with it. Serval of the particulars pleaded by the hus-
band regarding the lady and her family had been struck out, 111
being of too strong a nature to be admitted. Captain Vl'ildey re.
nuiined in Ireland until May, 11:21, when he returned home, and
lived with his wife; but, in conaciptence of a quarrel, no conitigd
Intercourse took place ; and in September, 11,.?.2. he mit his fri. cal
1.1,. Hallett, an army-agent, who congratulated him on the pm-
liable accession to his family. Captain seemed ninch
prisiel at such intelligence, and denied that it was likely to be thel
case ; but Mr. llallett added that he had seen Mrs. Vl'iltley, who
was in an advanced state of pregnaacy. Csptain Wildey then,'
ald not before. ascertained that his wife was pregnant, and armed-
ugly proceeded to his Solicitor; since when be exerted himself in
gaining all the intelligence he possibly could of hie wife's conduct
dicing hi. ..bsetice. Shortly after this discovery she eloped from
r busbaiol's I' Sc; asset front the evidence ptoduced, it sippeared
test she was delivered of a full-grown child. at her mother shims...
r•ow the evidence chewed that no conjug.il inc-reinirse had taken
place for the renal of shout forty.six weeks; and on the husband's,
arrival at home, it did appear 04 he was not so sagacious in per-
ceiving his wife's pregnancy so noun as tither people; but as soon
as he did know It hr took that course that every person would who
was desirous of shielding Ills own honour. it did not appear that
(;amain Wthiey had comniunicat:d his wife's intidelity--quite the
contrary; nor did it seem probable, from his lung absence, that the
child could have been his ; and Irons some circumstance that Mrs.
Wildey's servant beard between her and her sister, it did appear
that adultery had been comniitted. So far from any connisance
by Captain IVildcy at his wife's situation, it was distinctly proved
bf mama, gentlemen of great respectability thet as soon as be
know it he exhibited all those symptoms of agitatien sod distress

that a pleats could ire presumed to do who bad been so meek in-
jured. Mier her olopement she wroic a letter to her husband, es-
/Pressing a desire that they should live separate ; and the whole
contents seemed to show that she intended placing herself under
the protection of her paramour. She did not reproach him with
any misconduct, so that no fair presumption mold be made to affect
Captain 11'ildcy. There had been a great deal chunlestinely.prae- ,
used by the lady and her family, so as to preclude the possibility'
of Captain Wiltley's obtaining better evidence as to her paramour;
therefore the Contt would presume circumstances favourable to
Captain Willey front such conduct. And, under all the circum-
stances, the Court was of opinion that a decree might issue for the
divorce.
The divorce vas accordingly adjudged.

PALACE COURT, FassAY,
1/Ilttre J. READ, Esq. who ,itsfor Judge ?Joann daring his
imdisporition.)

GANICCI r. TI7CIER.
Mr. Eat.t opened the pleadings, and Air. Tuiestoica stated the
case.
The plaintiff was a musical instrument maker, residing in
Conner-street, Gray's Inn-road; the defendant ,a builder, residing
in the same street. In February last year the plaintiff had occasion
to remove from his house, when the defendant voluntarily undertook
that a portion of his got ats should remain in his house, and that he
might remove them again when lie had a convenient opportunity for
so doing. Shortly atter the plaintiff had the great misfortune to
break his leg. which coal noel him for near six months ; and, on his
getting out after his illness, he took a house, and removed part of
1.. goods thither, which he had demanded from the defendant.
A few days after this a demand was made for the remaining portion
of goods, which were refused to be delivered; and then it was dis-
covered they had beet *inverted to the use of the defendant. The
plaintirs servant-woman went with a letter to the defendant to de-
'nand them, which letter he took front her and threw in the road.
Subsequently, however, the same girl and one John Jones went
with a letter. demanding the property, which was dropped down
the area, and seen to he picked up•by Mrs. Tucker. He (Mr.
Thesigen should prove in evidence that the defendant had ac-
cepted the goods from motives of pine kindness at the time, and
consequently mould not now be entitled to the lien he now claimed
for the time they were in his house. It would be however for his
learned Mriende, who were employed in the defence (if they could),
to prove that any money was owing to justify the detention of the
ra7y. If they failed in so doing, he was entitled to call for a
ttln fait one of his client.
Elisabeth Hewitt, the servant of the plaintiff, deposed to the
defendant saying he would permit the goods of the plaintiff to be
Mimed rat his premises, out of kindness to the plaintiff. The wit-
ness also deposed to having demanded the goods, as stated by the
Learned Eourisa . .

.--... -
Cross-examined by Mr. Mairot.Ts for the defence—My master
is not married ; I am his housekeeper; John Jones is not present;
he was sought after hut could nut he found; my master's goods
were removed to defraud the King of his taxes and the landlord of
his rent t the landlord had given notice the day before that he
would distrain ; the goodie/ere removed in the night time; two
men, whom they called flenjimin and James, assisted in the fe-
moral. I know the King put in an execution. I know I heard
Mr. Tucker say he did it from kindness.
Mr. MANOLVII addressed the Jury for the defence, and after
noticing that the goods were fraudulently removed to prevent a dis-
tress for taxes, said his client clearly had a lien upon them till he
was paid for yarchnuse-room.
Benjandn Medford examined by Mr. FLAWAOIIII..-1 helped to
remove the goods in the night time : I heard Mr. Oanico say he
would satisfy Mr. Tucker fur his trouble.
TheJ rnor—This is no proof of a lien on the property.
Juror—The goods were removed to defraud the King of his
taxes, and do they not now become the property of the King 7
The JunuE—Not until the King has made his election by the',
service of his process. fiendemen, you will therefore give your
verdict conditionally for ten guineas, to be reduced to the nominal
sum of Is. on the return of the property.
Mr. Maxi; f.r.s urged that it wu a hard ease for his client, as
the whole of the property could not be Eirthcoming, and consequently
judgment might be entered up immediately against him.
The Jury then, under the direction of the Gemmed Judge, and
at the suggestion of the plaintiff's Counsel, returned a verdict for
eight guineas, conditionally that the property then in the defend-
ant's possession should be returned, and 211 s. paid for what eru inn
sod damaged.

POLICE.

MANSION-HOUSE._

SUS►ICTID FRATRICIDE.—VeItediIy George P6lsasse►, wbe
wee some days ago charged with having commuted a breath of
the peace by his father, and detained upon suspicion of having
been privy to the murder of his brother Robert, was brought up
for •sseond examination. . .

His father, mother, sister, and two brothers, were present dyeing
the examination, which excited the greatest interest.
W. Plummer, who was ,tent for to St. Alben's, stated that been,
118 t. Alban's years ago, when his brother Robert disappeared,
and that every Inquiry had been inadellirethe
anon he received wan, that Robert had set edf frovriVelhere eCi;
London, accompanied by a stranger In a pest.chabe. The *emu
came to Londe* eight months afterwards, and saw his Inathee; the
prisoner, who cried most bitterly, and said be knew Robert was
dad, but declared that he never wouli 'pooch nor tell secrets. Wit-
ness was very young at the time, and did not preen the phloem. on
the subject; but It was repeated, and the prisoner ad that he
knew more about the transaction than his other brother could
know. Robert had been seen getting into the chains by a person
who knew hint at Redfern. The conversation teak plate at the
Sawyers' Public-house in the Minories, where the prisoner seemed
greatly aftlicteAl.
John Plummer, another brother of the prisoner, stated that Eliza.
beth Plummer, the wife of Robert, Met bin) use day in the streets,
and told him she could hang them if ale please'', but she would
not do so for his mother's sake. She had left Robert a year before
he disappeared, and witness had not seen her these five years.
The Loan MAYOR asked the witness whether he had no curl.
osity to inquire into the meaning of her words ? but the reply was,
that be was very young at the time.
Ann Plummer, sister to the prisoner, stated, that six years ago
the prisoner came into his father's house, and said that if his mo-
ther was gone to Manchester he wan undone for ever. He did net
explain what he meant by those words, but he appeared in gent
distress of mind, ard made use of those remarkable words—`• I can
get rest neither by night nor by day, neither drunk nor sober, eel-
thee at work nor at play, fee I have Robert always before my eyes."
His father besought him to nay all that he meant, but he only re-
plied, " I know he is dead :" upon hearing which his father, over.
come by his feelings, fell into hysterics. Three years ago the pri-
soner again said before his family--" I always see Robert before
my eyes. I have no rent, asleep or awake."
The prisorer—l wish to ask my brother William whether he
recollects any thing abort a letter being received ►t the Red Vow,
directed to Robert's wife, about two months after his disappearanee ?
William Plmomer, after some eorisiderntion, said he hail some
faint remembrance of the receipt of a letter directed to Elisabeth
Plummer. _ _ _ _

......
Prisoner—l should wish of all things that that letter could be
Oared.
. Mrs. Plummer said she recollected that her son William re.
gretted, after the letter was gone, that he hail not opened it,
although it was not directed to him. Robert's wife could, she
believed, he found; she had been seen four months ago.
The I, 'an MAYOR mid it was necessary that she should be
brought forward, in order to assist in unravelling this mystery.
Mn.a Plummer then confirmed theacetiont given by her daughter
11 of the expressions used by the prisoner. and added, that when he
was asked what he meant by having Rohm always before his
Ileytio 10 be said, horning into tams, •• That he knew Robert was
dead, and that he had not died a natural death." Robert had no
propsety, and bad never quarrelled with the prisoner.
The Loan 31aeoa—Do yeltakink he is out of his mind?
Ala. Plummer—From hie et when this subject is
talked of, one would think that le was. He is always saying he
wishes to be cleared; and when his father asks him of what he
wishp to be cleared of, he begins to talk oh L death, although
neva accused of knowing any di/Cgs/ism
Mr. Plummer (the father a the primoerkaaid he had been down
to Hertfordshire since he was at the illimainn.llouse, to make in-
quirks, anti he had every reason to suppose that he could procure
the attendance of persons who knew the ettanger that arnompaisied
his eon in the chaise from Redfern, and perhaps the stranger loin-
self would be timed. It had, he maid, beets ascertained that Ro-
bert's wife cohabited with a man after her separation from her has.
baud, and that she hail been brought to bed afterwards of twins. In
the year 1141, the prisoner and his eldest brother, who came front
abroad, tailed st the Witankei house, and raised a disturbance.
The prism .-r made the very extraordinary complaint that his bro.
tier Robert's wife accused him of being the tither of the twins,
and threatened toss-tor them to him. It was with great difficulty
he aas prevailed upon to es, away. " I solemnly declare before
;nil," said Mr. Plummer, that nobody of his family ever accused
or suspected him."
The Prisoner.—" f never used any of the language attributed to
me. except when I was drunk."
Mrs. Plummer—" You have done so George, when you were
as sober as you ern now, end you have cried bitterly."
Mr. Plummet declared that me prisoner was growing more out-
rageous OD the subject.
t'he LOUD M AVOII—" This ease has become one of a most W.
ritoDi nature, and it is my duty, altholigh the original charge was
I far a:In:till, to snake all possible imair, into the circ Lances
whieh have so unexpectedly come fierwanl. lithe prisoner has
been privy to the disappearance of his brother, there can be no
doubt of the necessity of interning the inrestigation. 1/n the other
band, if the prisoner bin been wrongfully accusing himself, it
must arise from an abaratnin of mind that cannot be too soon /*-
medial. Ills Lordship then ordered that Robert's wife, and some
persona in Hertfordshire, should be directed to attend, and the Fri.
ismer was remanded for some days."