The British Press; or, Morning Literary Advertiser.
London, England, 1826-01-24 00:00:00

fern the grand wire. Mr. &agent Itosatelet said berthroctit
co
prefer tin dnt urse, and would toake a motion fur a new •
should the Court went to that mode of proceeding.
The Lomb CHIEr JUsiTICW said that this was an uncommee
case, and that the earlier the rule was made absolute the better 3
he would therefore prefer that there should be a suggestion ow tbt
roll that one of the Kights could not attend. There was a.castree
a writ of right In Coke's clinic., where one of the Knights who were
to tom the grand a•size having died before the trial, a writ of habeas
corpora was granted to coatpcl the other tl,rze KNights to attend.
The Sheriff might, on a suggestion on the Full, rourn a Knight to
complete the number.
Mr. Sergeant BOSAX(117 ET asked if Mr. Sergeant Vaugtom
would press on the trial (on the adjuurnnueu day) should he (Mr.
Sergeant H.) not bring up all 11:0 witnesses?
Mr. Sergeant Vettnitas w.ts not disposed to male any conchs
sin., 5.

The Loan Cittar JUST ICC said that he wished a remedy had
been protided for such caus as the present in another place. Hia
Lordship added. that he thought it was better that this discussion
should be deferred to Friday, that the Court might have time to
consider upon it in the interval.
To this the Learned Connie' assented, and the case stands all-
journedto Friday.

1)0N JOSE ANTONIO 31•1111SAIIIIT V. CLEMENT.
Mr. Sergeant Terme* moved for a rub: to show cause why es
minion should not be entered for the deleadant. The original
cause of action srniie out of a libel which appeared some time back
in the Aforning Chronicle. It Imputed to the plaintiff: that he as a
Plenipotentiny of the Government of Chili, " had transferred to
himself 200.0001. of John Bull's money," which enabled him " to
live in a style that outtopped Plinces." Mr. Servant Teddy salt',
that on the trial it had been proved that the Government of Chili
had eezlared itself iodersideru, that h•ginlative ciso-ts had been
ntab:islied, and laws ado i oitereil, and it I,ai admilted by the
toosecutors that the }lain i.l in till: (.3i.:Ne WM the accredited
Minister of the Government of ; but to support an action
under such circumstance:. would be to exhibit a most glaring
anomaly on the other hand. His Majesty's Minister for foreign
Affairs would acknowledge the King of Soaiii as the lawful and
legitimate Sovereign of his own doti.ii,:ous, while the Courts of
Justice of the King of Ergland acanoviledge hi 3 colonies as
soeereign and independent staio.
The LORD CHIEF JUSTICE, said that consuls were mere com-
mercial agents. Titers was, he said, tilts distrocion.between a State
that was acknowledged and ore that was not", that which was Luc
acknowledged should show that it possealed the character requisite
to constitute an independent state; this was the opinion of Grout's,
and of all writers who had crated of the law of nations.

Mr. Sergeant TatinY thtnTriueri that a bond delivered to a pee.
son in Paris, and afterward, issued in England, was not a legal in-
strument, unlecs impressed with the stamp required by law in this
country.
The Loan CHIEF JUSTICE said that a bond, upon being
sealed and delivered, became a valid document, and that if issued
in France it could not he subject to the stamp duties of this country.
Mr. Sergeant HOSANQUET said, that the witness examined on
the trial was a M. Newman. a clerk to Messrs. Bullet, who proved
that the bonds were sold at t'se office of !hitt Jinn. It was likewise
clear (said the beamed Sergeant) that those bonds were never in
the possession of any persons in Paris who had an interest in them,
and consequently that there was no ob,igee; the question might be
narrowed to this propusititm—Chili is or is not an independent
sta'e.

The LORD Cif Er JUSTICE replied. tl:at, assumirg the country
in question to be an independent sta e, the party had acted wrong in
raising money in this country to forward the vi;:ws of a belligerent
power. which ouch: involve hi. own country in war. if the editor
of the Morning Clironick had charged the pisimiff with a moral
fraud, the case would he altered.

A tier some further observations on the part of the Court and the
Learned Sergeants engaged in the cause, a non,uit ass alogrod of
the lir4t and .econd counts in the declaration.

About three o'clock the lord Chief Justice retired to his
chanitirrs, and Counsel having no further motions w snake, the
Court adjourned.

PREROGATIVE COURT. MoxaAr, J•n. 23.

DEW V. CLARKE.
Dr. Enantnoroau opened this case, which is equally remark.
able for the voluminous character of the evidence introduced into it
as for the curious and novel nature of its details.
It appeared from the eta put in by the plaintiff, Charlotte Mazy
Dew, that her father, Ely Stott., deceased, practised as a surge"
accoucheur, and electrician (chiefy the latter), for a number of
years, and that he had resided first in the Temple, subsequently in
Hishopsgate-street, and, since 1798, in Hart-street, Bloomsbury.
He hail been married three times: in 17116 to Mary Simpson. his
tint wife, by whom he had issue Charlotte Mary Stott, now thur.
the producant in the twesent suit. After her death in Ins he re.
mained a widower until 1814 when he espoused Susan bully, wise
paid tae debt of nature in 1816, and in 1818 the deceased married
Mary Clarke, who survived hint, he having died in 1821. The de-
ceased had no 'Aida but the producant, who married in May,lBlB, but
he had two nephews, T. and V. Clarke, the eons of a deceased sister.
The deceased executed a will in June, 1818 ; It WAS drawn up in •
regular form wide' the express direction of the deceased, and was
attested by three witnesses. By this will the testator beep:wiled
his fitruiture, plate, and china to his wife, a !eget,. of 15111. to his
nephew Thomas ; a legacy cf 1801. to his nephew Valentine ; an
annuity of 401. per annum to Miss Hilley, in consideration of wait
the taetator iltaignated her unsuccessfideffints to train up his damin.
ter, C. M. Dew, in the right way, and to give her the advantage
I of a moral and religious eduettion. i The will further set forth
that C. M. Dew had twice withdrawn herself from the testator's
management, and had otherwise manifested a most perverse !lisps-
, sition : to her the testator bequeathed a life annuity of 100!. per
year. which, with some trifling bequests to his servants, completed
the disposition made by him of his property, the residue of which
he left to any children he might I sue by his wife, Mary C'arke,
now Stott ; and, in the event of his having no children by
her at his death, lie transferred the residue of hie property to
Thomas and Valentine Clarke. his nephews. Admin.% toton was
granted on this will shortly after the death of the vitiator; but its
legality was now impugned by Mrs. Charlotte Mary Dew. the
testator's daughter, upon the ground that her lather at the time of
his executing the above-mentioned will. and for many years before
his death, was labouring under a delusion of mind which reniend
him incapable of making a legal disposition of his property. Be-
sides the will above alluded to, other testamentary aapers of antece-
dent date were brought in to mince the dispoaition of the testator, as
respected his daughter; in one instance he left the residue of his aim-
petty to his daughter's children, under the condition that they
should be brought up in Evangelical principles, and in the event of
her having no issue, he directed the residue of his property to gip
to the funds of the British and Foreign Bible Society. In another
draught of a will made by the deceased, he left the residue of his pro-
perty to his daughter's children, upon condition, that they should
be brought up apart from their parent, and under the management
of certain trustees, front the age of 6 years, until they attained the
age of 21,snd in case the patents refused to give up the manage.
nient of the children, the property was left to the Bible Society
and Foreign Missionary Society. It further appeared, from the
allegation put in on behalf of Mrs. Dew, that the deceased
at his death was worth 40a100/. That he was at all time, a man of
most violent and irritable temper; that he had treated his wives
with systematic cruelty and severity, and that the death of his first
wife was actually occasioned by his immersing her in cold water.
It was also alleged that he had entertained a moat inveterate and
unaccountable antipathy to his child front her birth; that he was
possessed with the ides, whilst she was yet an infant, that the wee
born evil, that she was the child of Satan, and that she wits pre-
destined to live a life of abandonment and clime, and to indulge in
every species of depravity. 'Phis extraordinary delusion !occupied
the mind of the deceased until his scan' ; and although his daugh-
ter manifested her filial affection on every proper opportunity. and
conducted herself at all times with unexceptionable propriety, the
deceased, acting under the impulse of this extraordinary delusion,
frequently called upon stranairs and mutual friends to assist him
in reclaiming his daughter. The [tree:meal abin indulged himself
by the practice of most unrelenting end wanton severity towards
her. He hail even frequently caile I upon her tcatell hits her secret
thoeghts, and when she failea to staisre him, struck her with
clenched lists, and threatened to horseahip her. In 1700 the Bi-
shop of Durham was the patient of the deteased. Mrs. Dew was
then eight year. old. The deceased acqiisiniad the Bishop that hie
daughter wan a most profligate sod crintlualtharaeree, and expels-
ed himself in such a violent manner towards her, that the Bishop
said he would nut stay in the room to hear such expressions, and
was about to depart when the deceased placed his back against the
door and prevented him from going. When Mrs. Dew, hen Miss
Stott, was only aged eleven years, the deceased charged her with
prevarication, in disclosing her sestet thoughts. and upon this pre.
fence he tied her to a bedpost, and having fastened wire on a stick,
he beat her with it until the blood flowed from the stripe', and he
then directed the servants to put salt and vinegar to the wounds.
His severity at length induced his daughter to fly twin het
home, and she put herself under the protection of • Mrs.
Utley, where the deceased allowed her to remeiti for about three
months, during which he obliged her frequently to comennnicate
to him by letter her inmost thoughts. He expected her to confess
that she had been very depraved, and solemnly to promise amend.
menu. Upon her return home the deceased obliged her to perform
many menial offices, although there were two maid-servants in the
house. (In one occasion he whipped her, and said that he saw the
devil in her. subsequently the deceased sent his daughter, to live
with a Mrs. Newberry, wha refused to employ her in meaial see.
vices, and therefore the deceased withdrew her from Mrs. New-
berry's guardianship, and boand her out to service. ln 1808 the
producant left her father's house, and went to resale wish Miss
Brent, who keeps an establishment for young ladies at West-
minster; there site remained a year, but the aestraleit refused to
supply her ash sufficient clothe*, aid she was theartut e threed to
return home. In 1809, by the advice of SaaT. Barnard. a friend
to the family, the producuit went out as a }fovea eat. a al conducted
herself, it was alleged, in a most unexceotioaai la ma ncr. In
11114 she engaged herself iii the same situation with get family of
Mr. Dew, of Guildford-street, toil in 1817, wAlt consent
and approbation of his family, the was married ye air. Oeorge
Dew. Mutual friends on many occasions endeavoutal to restore
the mind of the deceased to a proper state of fettime a regard to
his daughter, but he seemed immotahle in by t ptaitin that she
was utterly abandoned, aa sell a. meat napocritaal Mal deeehrtaa
The dcceasei; often used vary vialeat and estrauali iata langsam,
lie had a patient named Harrower, and Mts. 11..rrores calla
otte day us sequaiat deceased how her tuialsatet Sae getttriii • •
on, he asked her to walk up stairs nail pray afoe pa; :pc.
cover). tie afterwards swore • vialanella and said be hail
been wrestling with the devil. The &teased had a black boy
to clean his shoes, and one day, observair that the boy had per,
formed his duty negligently, he /dogged him %icier tly, and law,