The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-14 00:00:00

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ARCHES COURT, MONDAY, Juxit 13.

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(11;frt e Sir JOHN NICHOLL, la)
lIRVCE V. BURIE.
This case came on for argu nest and sentence this day ; being a
suit instituted tor a divorce, by reason of nullity of marriage, by
Mary Anne Bruce, spinster, against Tobias Burke, otherwise Cap-
tain Tobias Burke Bruce.
Dr. LusurbrOTOW stated, the [We came Up by letters of request
from the Consistory Court at 11'inchester, on the 24th March, 1821,
and a libel was put in by the party, pleading, amongst several other
matters, that a marriage had been celebrated between the defendant
and Mary Anne Butler, on the 12th June. 1811, at the house of
her tither, in Cashel, in the kingdom of Ireland, such marriage
being celebrated according to the rhea and ceremonies practised in
the Carbolic church there; that such marriage was legal, the per
ties bcieg at the since of the celebratiou of the marriage Catholics,
or reputed Roman Catholics. and that they cohabited together as
man and wife until the year 1820, at which period the defendant
came over from Ireland to this country, and having formed an ac.
quaintance with *lacy Anne Bruce (the plaintiff), then living at
Islington, he inartied tier in the parish charch there, Dec.l, 1820,
he being then lawfully married to hie first wife, and who was then
alive. The dere...lent was subsequinirly apprehended on a charge
of bigamy, and being tried oe the 22d May, 11122, at the Old Bai-
ley, he was found guilty of the charge, and sentenced to be trans-
ported, pat t of which sentence was executed, lie being removed to
the Leviathan convict ship, where lie at present is. '1 he record of
conviction was also given, and the libel concluded with the usual
articles, praying for the divorce. To these several pleas the de.
fendant had put in a responsive allegation, that by an Act of Par..
liament, the 18 George 11. passed in Ireland. regulating marriages
there between Protestants and Catholics, any priest celebrating
such a marriage was liable to several pains and penalties therein
enumerated; and such marriage was to all intents and purposes
null and void ; that the defendant was, at the time of the all
marriage between him and Mary Anne Butler, at Cashel, a Pro-.
testant, and professed to be such for twelve months previous there.
to; that his second marriage therefore was die only one good or
valid in law. The Learned Advocate said, as the case had resolved
itself to the single point, whether the defendant did for the twelve
months precious to his marriage profess to be a Protestant, he
would contend that he was a Catholic at the time of the celebration
of the marriage, and if the other party contended he was a Pro-
testant. the mots prubendi lay on them to prove it. The Learned
Doctor then commenced reciting the evidence in support of the
facts pleaded.
The reading of aortic of the depositions awed a good deal of
laughter in the Court. One who professed to be a Catholic said
it gave him much trouble that it was supposed he paid his dues to
the priest willingly ; he said it was no such thing, as he grudged
them every airpeore they got. and he thought it very hard a poor ,
Catholic should have to pay the dues and tithes too.
Another witness stated, as he was required to say what religion
he.was of, in his deposition, he could not rightly say ; but he was
neither Protestant or Catholic; onetime ue*ent to church, an.
other time to chapel, in both eases for his amusement ; he was bred
-a' Protestant, but his mother was a Catholic, but of the two reli.
,pions, he believed he was more of a Ccholic than a Protestant.
The evidence in support of the application for the divorce fully
substantiated the pleas put in. That for the responsive allegation
to them were extremely voluminous, and occupied the whole time
of the Court.

INSOLVENT DEBTORS' COURT,

rIINE 13.

IN TILE MATTER OF WILLIAM POPE, ESQ.
The above named insolvent, after repeated adjournments since
January, 1824, when he tint appeared before the Court, was
brought up fir final hearing. It may be within the recollection of
our readers, that when originally engrained, the insolvent was or-
dered to deposit certain papers (letters of the Duke of York), in
the hands of the officer of the Court for him to inspect, and report
thereon, which was objected to, on the ground of their contents
being of a delicate nature, but the Court was imperative in its
order. The insolvent, in disobedience of this order, gave up the
said papers to a Mr. Knight, an attorney, who stipulated to nego-
ite in a certain quarter in order to raise money upon them for the
use of the insolvent's creditors; there papers are still retained by
111. K. but with cons. R a the opposit g creditors, the Court granted
him leave to be heard, notwithstanding his previous disobedience.
It had been previously settled that the Duke of York, and the
other distingui,hed personages, who have been repeatedly sub-
poenaed, need not attend the final examination.
Mr. Cooke: appeared en behalf of Mr. Julian and several
other creditors ; and 31r. BARRY for the insolvent.
The insolvent stated that when he first borrowed money of Mr.
Julian, he represented to him that Mr. Ogilvie was indebted to him in
the sum of 2.6201., for the security of which he had cettain lumen.
Ile further stated, be representedthat Mr. Ogilvie was to have a
situation under Government of 8001. • year at home, or 1,200/.
abroad, to enable him to redeem the papers id question. The in.
solvent admitted also that he showed the copy of an undertaking
from Sir James Cockburn to pay Ogilvie's debt. A person of the
tiame of Palin negotiated between him and Sir J. Cockburn, aed
when he borrowed the raoney he hail a full expectation of the Ogil.
vie debt being extinguished in the manner before described. Sir
J. Cockburn kept the papers for three months, and his undertaking
expired on the 17th March, 1823, when Sir James returned them,
refusing to pay the money ; this was in the presence of Messrs.
Palin and Ogilvie. After they were so returned, Pain undertook
to negociate with some friends of the Duke of York, in order to
raise money on- them, and this he told Mr. Julian, of whom he.
borrowed subsequent sums of money. He mentioned that the
Marquis of Hastings having arrived, Mr. Paha said something
would be done through his medium. The negotiations of Mr.
P., however, were unsuccessful, and the documents were returned
to him (insolvent) after the lapse of six months, from March IRO.
The negociatioos relative to these tepees commenced in the year
1820, and continued until recently. rho papers are now in the
bands of Mr. Knight. %Vitness never told Mr. Julian that Mr.
Harris of the Treasury had promised to take the papers, but he said
that Mr. Frazer had signified to his counsel that the papal were to
be paid tor and given up. Ogilvie's debt is for money lent from
1810 down to 1810. Mr. O. represented that he was to have a
situation procured for some services rendered to his Royal Highness
the Duke of York. The papers were first left in his (insolvent's)
house as a deposit, by Mr. 0. who boarded and lodged there, but
were regularly assigned over before he went to lay them before Sir
J. Cockburn. The debts contracted by him were principally on
representations relative to these papers.
Mr. Commissioner Bowan said, that supposing these represen-
tations were the only point, there appeared to be nothing in then,
of which the creditors ou3ht to complain, because they must have
known that the money to be derived from them was by fraud and
extortion, and they were, therefore, particrps
Mt. Cooke said, that KRAUS only point, but be would pursue
his inquiry a little further.
Tie insolvent proceeded to state, that he had deposited the
papers in qnestiou with Mr. Knight, an attorney, who held out
almost daily exneaations that some person would take them, and
among others Mr. Hatched was named.
r. BARRY was about to cross-examine the insolvent, when
' The Cuter CO4XISSIONER inquired of Mr. Cooke whether
he intended to call any witnesses.
Mr. COOKE replied in the negative, and commenced his addles,'
to the Court on the merits of the case. The Learned Gentleman
principally confined himself to the point hinted at by Mr. Com.
missioner Bowen ; he said. that it appeared to him that the insol-
vent had had reason to believe that money would be advanced on
the papers, when he made the representations which iaduned hie
clients to give credit ; therefore he would not press fur a detention
of his person.
Mr. BARRY commenced his address to the Court, when
The CHIEF COMMISSIONER. informed him that he might be
relieved from doing so, or calling any witnesses, a..no case was
made out against his client.
Mr. BARRY was glad to hear that the Court was with him, yet
he thought in justice, he ought to prove by witnesses that the in.
' solvent bad good reasons to entertain the expectations which occu-
' pied his mind when he obtained credit. Ile declined however
doing so.
After the Court had made a tew general observations on the case,
the insolvent's discharge WAS ordered to issue, and Mr. Julian was
appointed assignee.

NAVAL APPOIXTMENTS.—The Bustard was paid of on
Tuesday, at Chatham, and re-commissioned by Captain
Sandhatn. Lieutenants J. Grant and G. S. Smith arc ap..
pointed to her. The Romney, Captain N. Lockyer, C. 8.,
is ordered to be put on the establishment of a 42-gun fri-
gate, with 234 men, hying an increase of 75 working
hands. Lieutenant W. Clark is appointed (additional to
her. Captain John Sykes is appointed to the Oman (the
flag-ship of Lord Amelius Beauclerk); Commander Ti-
mothy Curtis, of the Wenzel, is promoted to the rank of
Captain ; Lieutenant It. Beaumont is promoted to the
rank of Commander, and appointed to the Weazeb; Com-
mander James Leach is appointed to the Ordinaiy at Ply-
mouth ; Lieutenants—Walter Kirby to the Diamond,
vice Beaumont ; L. S. Pritchard (agent) to the. Diadem
transport ; Thomas 'Williams (b) agent to the Zephyr
transport ; John Wright, to command the Hope packet;
Mr. Tuck, to be Master of the Iris (flag ship at Port
Royal.)
The Windsor Castle, at Plymouth, is ordered to be
tined for sea ; she is int tulcil to relieve the Ocean at
Lisbon. ' It is reported that the Albion is to carry the flag
of Vice-Admiral Lord A. Beauclerk, K.C.B.
It is expected that Captain the Hon. Robert Saunders
Dundas (son of Lord Viscount Melville) will shindy coin-
mission his Msjestv's ship Volage, at Portsmouth.
Charles Ogle, Esq. 'who for a great number of years
with distinguished ability diitharged the office of Col-
lector of the Customs at Newcastle, has been placed on the
superannuation list. By this proceeding the public have
become liable to a payment of 6601. per annum. Sir
Cuthbert Sharp, the Collector of the Customs at Sunder-
land, is officiating at Newcastle as
,Collector pro tem.—
Derharn Chronicle.
4 rraneh of the National Bank of Scotland is shortly to
be established at luverncu.