The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-20 00:00:00

DAVIS!._ DAVIS.

This wu a suit promntii;i I);sles.illZ, wife of Mr. Davis, pro.
prietor of the New England Coffee-house, Threadneedle-street, to
enforce the payment of a sum of seventy pounds per annum, al.
lotted to her by the Court, as alimony. A plea of adultery had
been put In on behalf of the husband, against Iles. Davis's petition.
Sir C. linnixsoar-1 thought the sum of 701. had been agreed
on by both the proctors.
Dr. Lusittworou said that no agreement IW:tq made between
the proctors ; and this the allotment had been made by the Court,
in complete ignorance of facts which he would state to them. Mr.
Davis having discarded his wife on account of an adulterous inter-
course, she, after a lapse of two years, applied to him fur main.
tenance ; he allowed her what he considered sufficiently ample,
namely. 30s. per week. This sum she regularly received for a
considerable time, until he found himself unable, from the decline
of his business, to allow more than one guinea per week; which
Milo the lady also regularly received up to the 15th of the present
month ; am! in addition, 51r. Davis bad been obliged to pay several
sums of money for her account, being debts which she contracted.
The Learned Advocate stated that the 701. was, from Mr. David
circumstances, more than be ought to pay, and wished the Court
to rescind their order fur granting that suni.
Sir C. ROBINSON—The Covet most have meant in granting
that order to have acted upon the circumstances stated to their,
justly between both parties. It would be hard upon one party now
to rescind the order upon slight grounds, and that should not at
all events be done upon sutenients • but should be rather matter
of appeal. The Court must be supposed; to hare granted the sum
upon just grounds.
LUSIIINGTOW—AII I mean to contend is, that as there
was no party before the Court, it could have no opportunity of
knowing the farts.
Sir C. Rontrunsr—Oh ! it had every Resistance Abided ; it
had the proctors all round. Pray did you address the Court on
the occasion ?

DI. LVBIIINGTOX admitted he had not, and contended at some
length in opposition to the 701.
Sir C. Rontwatm—As the order was made out to grant the
701. I am eon tent that if the proportion of that sum remaining un-
paid is settled, any alteration to grow out of the change in the
party's circumstances glace the order was made, way he wetter lit
for discussion. _ _

Dr Lusniwcrow—Then, in ihat case, the Court will consider
the payments which Mr. Davis has been obliged to make, and al-
low them to be deducted.

Dr. Art 'mt.!) opposed the reduction of the alimony, and said Mm.
Davis had a child to support, which was born since the separation
front Mr. Danis, and thia circumstance was sufficient to warrant the
payment of such a sum.
Dr. I.I:3HINGTOX then read the allegations made by Mr. Davis,
in which he rested, that his annual income, after paying house-rent,
servants' wages, &c. from the coffee-house, was 330/. per annum.
The Court, in considering the sum necessary to be allotted, would
not forget, in addition to whatever sum it would order, he would
have to pay the entire costs, which, he was sure, would swallow up
more than the whole year's income. They would also consider,
that out of this 350/. per year, he had sworn that he expended 2001.
per annum for the maintenance of his four children. It would re-
collect that his butiiness was of such a nature as to require his per-
sonal attendance, which obliged him to incur this heavy expense.
Under all the circumstances, he trusted that 501. per annum would
be considered sufficient for a person charged as she was with adul-
tery, for her own support, and that of* child, of which Mr. Davis
did not consider himself the parent.
Sir C. Rontasox, having perused some of the papers, asked
what was the meaning of the statement in one of the allegations,
that Mrs. Davis was living with Mr. Edwards, and with whom
she had incurred a debt of IV. which he bad enforced the payment
of from Mr. Davis ?" Was she in service with him ?
Dr. Lusutxmrote—The nature of her services cannot well be
stated.

Dr. ARNOLD commented on the circumstances of 111 r. Davis,
and contended, that ii he was able to allow 50!. per ann. fur the
maintenance of each of his four children, 711!. was not too much to
ellow for a wife and child ; and there was nothing before the Court
which should induce them to enter into the statements alleged,
whether he was or was not the parent of it.
Sir C. host/SO: said, in a case of this kind, between parties in
a low situation of lire, who had originally joined together in a busi.
ness where the whole profits were to arise from a remuneration for
their joint serrims, it was not unusual for the Court to look to
what the wife ought to earn for her own support, in making an al.
lotment for alimony. If the wife had withdrawn her legal services
from her husband, the Court must look to it ; the ordinary course
is, to grant a sixth of the annual income, which will amount to
about sixty pounds, and which sum the Court will direct to be
paid from this date, calculating that the former sum of seventy
pounds will be cleared up.

intirn V. eYirn.

When this case was called on, Mr. %Vllliam Henry Carmichael
Smith addressed the Court, and said he trusted that from what
he had stated on • former occasion, lie should receive the sympathy
and indulence of the Court Ile had been admonished to appear
to the libel; and he had in the first place to adroit the celebration
of marriage with his wile, and to tender some papers. All he
wished was, that the Court should hear them read; after which
they might postpone the argument on them as they thought proper.
The REGISTNAR—The best way would he tor Alt Smith to
leave them with me in the usual way, that the opposite proctor may
have an opportunity of seeing them.
Sir C. Rom N SON—Mr. Smith, after what has already passed in
this Coon, you are allowed to appear as your own advocate; as
you have already appeared by Counsel, you should be informed you
cannot have both modes allowed you; you will now make your option.
Mr. Smith-3ly Lord, my case is a plain one; I sin aware
that if it was a bad one the ingenuity of Counsel might be of as.
sistance. I will plead my own cause, as 1 don't want to be im-
posed on.
Sir C. ROBINSON—You must then take care to conform to the
regulations of the Court, and not indulge in Language we cannot
suflir here.

Dlr. Smith expressed the greatest reveet fur the Court, and then
handed in his papers in the usual manner to the Registrar.

CORONER'S INQ UEST.

An Inquest was held at the :Hewers' Arms, Mercer-street, Long-
acre, before T. lIIGGS. Esq. on the body of John Harrison.
Hobert Pearson deposed that the deceased was in the employ of
his brother, as a bricklayer, and was at work at No. 11, Mercer-
street. About half-past tour o'clock witness was at work on the
same scaffold, about four yards from the deceased, ton the second
floor, about thirty feet high,) who was working and singing to him-
self. Ile feu the board move, and on looking, saw hiat in the act
of falling. He fell on the pavement in the yard of No. 10. Wit.
rats went to his assistance, but found hint quite dead. The de-
ceased was afterwards conveyed to the Mercer's Arms, and a sur-
geon sent for; a vein was opened without effect. No part of the
scaffold gave way. Deceised must have accidentally slipped MI the
end. The tools fell with him. The board was if feet long, rather
longer than the width of No. 11, where they were at work.
James Savage, a carpenter, was at work at the same house. He
heard his name alled, and on goirig to the window, saw the de-
ceased lying on the pavement. The scaffold was a proper one.
Witness had known the deceased about twelve months, and never
knew him to be subject to fits
Alr. Charles Hamilton, Surgeon, of Upper St. Itlartin's-lane,
stated, that he was called upon for medical aid, and his assistant
instantly went; and he followed about ten minutes after, and found
deceased stretched on a bench in one of the lower apartments of the
Mercers' Arms. There was no appearance of life. There was a
contusion en his head (the back part} Witness did not examine it
sufficiently to say whether the skull was fractured; he had no
hopes, but to give general satisfaction, lie opened the teniporal
artery, and about five ounces of blood issued. There is no doubt
but that the deceased (lied from the contusion. The deceased had
not been many minutes dead.
Verdict—" Accidental Death by a fall front a scaffold." Deo-
dand one penny.