The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-18 00:00:00

ROLLS COII'ILT.

The Muter of the Rolle will hear causes, further directions, and nett-
tions, by consent, on Thursday neat, the Instant, at nine In the
morning.
Cause, and pettitone molt be set down by two o'clock en the preced-
ing day,

LAW INTELLIGENCE.
COURT OF CHANCERY, FRJDAY, MAncx 17.

WELLESLEY T. DUKE OF BEAUFORT.

We refrainecl---f;Oingivingareporiof ibis ase when it was last
before the Court. front the circumstance of Mr. Hart, who led for
the petitioner, having been only heard for a few minutes in reply to
Messrs. Shadwell, Treatlove, and Pepya, before his Lordship rose ;
and. consequently, any statement that then went before the public
could only be considered as an ex parte one, which we deemed,
without wishing at all to enter into the merits of the case, extremely
unjust towards the party principally interested, whose conduct was
the chief feature in it. Although the Court did not to.dsy hear the
whole of this important cause, still two of the petitioner's advocates
were heard ; and we, therefore, consider ourselves at liberty now to
give publicity to it.
The cause came on upon an application on the part of the Ho.
nourable Mr. Wellesley, to recover the custody of his children,
who, since the death of his wife, hi is. Wellesley, have been under
the care of her sisters, the II Wan Long.
Mr. HART appeared in behalf of the petitioner, and was op-
posed by
Mr. SIIADWELL, Mr. TAT:ST.OTE, and Mr. PEPTS. There
gentlemen read a series of affidavits, to prove that the private
life and conduct of Mr. Wellesley was such as to render It as trope%
per that he should have the regulation of the morals of his chil-
dren. as that he should be allowed to manage their pecuniary affairs;
and the scenes frequently detailed in this evidence were of a nature
of which it were better that the public had never been informed.
The principal evidence was that of Dr. Bulkeley, the family phy.
sician of the petitioner, who deposed to the commencement of an
adulterous intercourse between Mr. Wellesley and a 31 rs. Bligh,
the wife of a Captain Bligh, during the residence of Mr. and Mra.
Wellesley at Naples. Mr. Wellesley told the deponent that this
took place first on Mount Vesuvius ; and it was afterwards carried
on in the same house with Mrs. Wellesley, to whom Mrs. Bligh
was introduced as a companion. lie deposed, also, to the indecent
and profane language commonly made use of by Mr. Wellesley to
his wife—in one cue calling her a d—d fool, for interfering in
something about the conduct of her children ; to the cruel and in.
decent manner in which he generally treated Mrs. Wellesley ; to
the fact of Mrs. Bligh's becoming pregnant by Mr. Wellesley; her
applying to him (Dr. Bulkeley)to procure an abortion, and her re-
ferring him to Mr. Wellesley to remove his scruples, when she op-
plied to him for drugs to effect her purpose ; to the dotnestic afflic-
tion of Mrs. W ellesley, in consequence of her husband's infidelity
and ill-treatment; to the habitual depravity of Mr. Wellesley's mind,
manifested by his teaching his children to swear, particularly in the
we of his little daughter, whose education be never took the trouble
to superintend in any other particular. Dr.Bulkeley's evidence went
on to state, that when he returned to Paris, Mrs. Wellesley, unable
longer to endure her misery, had written to Lord Maryborough,
her father-imlaw, who came with his lady to Paris. to effect a disso-
lution of the scandalous connexion between their son and Alry.
~lyYs that. Mr. Weikeloy'oaltuse of kW wife, whoa 16e discovered,
what she had done, was so furious and outrageous as to be audible
all over the Place Vendome. She had anon afterwards fled to
England, and taken refuge with her sister in Clarges-street, deter-
mining to t tke notaiures to effect a divorce. A powerfully affect-
ing letter, written by Mrs. Wellesley at this time to Lord Mary.
borough, in which she eloquently set forth her past wrongs and
declared her future intentions, was read. In this letter she
asserted, "that she had been more than once the victim of
infamous women." Acts of specific adultery with Mrs. Bligh
were deposed to within a few days of the present time. Many
very edifying letters, written by Mr. Wellesley, were read,
especially one to Mrs. Bligh, and some to his son, well embellished
with oaths, in which, after recommending him to take pains with
his hand-writing, he gives him some advice for the formation of an
English gentleman. Above all, he urges him, as a main ingre-
dient in that character, not to check his spirit for hunting (in
which it seems some obstacle had been thrown in his way), and in-
stances Sir Francis Burdett, who was a mighty hunter, and, bar-
ring his politics, a perfect gentleman. lo short, he advises him
"to play h—l and Tommy—to catch all the cats he can lay hold of
—to hunt every animal upon the estate, from the elephant in the
forest to the fleas in the blanket." The Counsel, after reading vo-
luminous statements, of which the foregoing are a few, contended
that the whole evidence exhibited such a series of profligacy, that,
connected with his pecuniary embarrassments (evidence of which
was also given) the Court would not be warranted in giving up to
his power the infants, and the large sums which were settled upon
them for their education.

MT. HART, in reply. reprobated the expressions used in the
evidence on the other side, in which all the powers of the English
language had been put in requisition for term, to vilify Mr. Wel-
lesley's character. He had been accused of the grossest profligacy
of life—of deliberately corrupting the morals of his children—of
maltreating his wife in a manner so horrible as to accelerate her death
—in short, of being" her moral murderer." And this charge would
go abroad to the world as resting on the testimony of persons whose
characters were unimpcached. Ile was prepared, however, to ex.
hibit the persons making these affidavits in their true light. He
would pass over the subordinate witnesses, some of whom were dis-
carded servants, anti begin with Dr. Bulkeley. The Learned
Counsel then commented in very severe terms upon the Doctor's
evidence, by which it seemed that, notwithstanding the brutal
scenes which he desc:ibed as daily passing before him, he never
left the house of Mr. Wellealey, nor gave the least intimation of
his conduct till now. Ile had described the horrid insult which had
been offered to his character by an application to assist in the mur-
der of an unborn child ; yet no indignation had been expressed on
his part; he had merely, according to his own words, refused, with
the observation that it was his duty to be the preserver of life and
not the destroyer.
Mr. HART, in rising today to continue his reply, observed,
when he asked his Lordship's indulgence on a former occasion, in
appointing a distant day for the hearing of the cause, that he
professed to do so with a view to make up his mind about what
portion of the affidavits filed on this subject were to be considered
as containing facts which were relevant to the matter in dispute.
Looking at the case with an anxious desire to take from the
view of the Court all vilifying and ill discreditable matter, which it
had been attempted to introduce, quite impertinently to the subject;
and having made up his mind on the subject, he should have
very little of that sort to address to his Lordship. If it were the
pleasure of the other side to read the two folio volumes of affida-
vits which had been successively tiled by them, he should of
course make no objection to their doing so. He would call his
Lordship`aattenrion to that part of them alone which ought to lix his
attention, to that part or the affidavits existing at that moment, which
exhibited a statement of facts that could justify the extraordinary
and unusual interposition of the Lord Chancellor to take from a
father that care and custody of his children to which he is en.
titled by the law of the land. That the law of the land does give
him this as a right and a duty no one would be bold enough to
deny. That extraordinary caries might occur, where a reference
might be made to his Majesty, and from him to his Lordship,
to put the strong hand of the law over the power of •
parent, he, for his part, was not by any means disposed
to deny. All the case must resolve itself into • considers.
don of the facts now before the court. It had to consider
not the past actions of a man's life, but his present condition and
conduct. By disseminating reports of a calumnious character, a
disadvantageous impression might be made on the public mind
against any gentleman. It was difficult for a judge to protect him.
"elf against such reports; but he would venture to say that this
tribunal would divest itself of all such prejudices—that it would
coolly and dispassionately consider the case of the party now before
his Lordship, paying no attention to any circumstances but those
which would he available to induce his Lordship not to grant the
relief prayed for, which would tend directly to prevent him from
exercising the power which the law had put in his hands, and for re.
storing a father to those rights of which lie had for some time been
divested. Not content with that view of his case, his learned
friend (Mr. Shadwell) had thought fit to introduce a series of family
transactions, with the former partner of his (Mr. Wellesley's) life;
with what view could he have done this. if it were not to prejudice
the public ? It could not have been in the hope of prejudicing his
Lordship, for no counsel could dare to insinuate that he was caps.
ble of being influenced by such statements. It was natural that
the gentlemen, against whom such expressions had been used on
the former occasion as he had seldom heard befe.re in a court of
equity—it was natural that be should feel an inclination to repel

such charges ; though he might have waived the conalderatiors of
them without prejudice to the subject of contentietn,
though he
might boldly have come forward, might have avowed all that was
alleged against him, and then asked what has that to 410 with the
point at issue. Admitting all that had been said to have been true,
admitting that he had treated the lady who ought to have been
the object of his dearest affection, as he had been said to hale
done, was the relation between him and his chihiren to be their
dissolved ? Was the power of a father to direct the edema
titan of his children, to be taken sway, if awe was no'
Imputation against his ability or his moral character at
present? It would not be entirely immaterial, however,
to the cause, just to take a view, though a short one, of the'
character, condition, and conduct of throe who attempted to injuse
111 r. Wellesley by such calumnies. When he had done that, he
would call his Lordship's attention to the evidence on the other
side, which was of a description which ontdit to relieve that gentle.
man from all the imputations which have been thrown upon him.
One single unfortunate ttansaction (the I.eorned Counsel referred'
to the introduction of Mn. Bligh into Mr. iareflealey's family) had
destroyed that union which would he ahown to have continued una
diatusbed between Mr. and Mrs. Wellesley previous to that event..
When that pan of the case came under consideration, it would I.e
seen that the introduction of Mrs. Blight was. in the first instance,
to be imputed to the error of the person who had been most deeply
wounded by her conduct. It was certainly very erroneous conduct
on her part to introduce a person of Mrs. Bligh's powers of name.
tion into her family, and it had been attended with the most die-
estrous consequences; but it had not been attended with those
consequences which had been attributed to it. The Learned Coun.
tel then proceeded to comment upon the different persons whose
names had appeared in evidence against his client. Dr. Neikirk,,
whose affidavit had been read until his Lordship felt nauseated at
the disgusting details of the most secret communications of his pa.
dents, which had nothing to do with the subject, by i!..at affidavit
alone must have completely satisfied his Lordship that no man,
possessing a mind capable of giving evidence which would weigh
with a Court of Justice, would ever have allowed himaeirto run.
in such as those which he had permitted himself: He had he.
yelled into the family transactions of a third 'velum who was not
at all concerned in the question, imputing to her conduct cat the
most criminal character, amounting to little short of infanticide,
while no rational reason on earth could be assigned 11w such die
closures. His affidavit went on to show, that whatever abhorrent.•
he might have testified at the conduct of the individuals in guts.
non, he nevertheless consented to become an instrument to cond.,
nue that conduct, and to furnish them with every convenience for
keeping' up that intercourse which it was in his power to furnish.
So much for the first part at the Doctor's evidence. That gentle:
man had taken pains to detail several particulars, which he thought
might serve toindicate that alr. Wellesley bad treated his wife with
neglect before their separation; and, intending tetanal..? the Court
of the accuracy of hie memory. he had taken care to introduce some
circurnitancee which were trifling in themselves, hot thich would
have been sufficient to satisfy any Court of the accuracy of his re.
collection. After :the unfortunate conoexioo had been cont.
menced between Mr. Wellesley and 3lrs. Bligh (to the lat.
ter of whom Counsel avoided alluding by name), and after
the removal of the family from Naples to Florence. such
was the dissatisfaction of Mr. Wellesley with the company of
his wife, and even with that of the entertaining Dr, Bulkeley, that
be was eager every evening ha withdraw to his apartment, and
might be observed after dinner watching, not the hours, but the
minutes, on the time.piece, to see when the band should neck% ten,
for lie would not remain a moment after. He then told us of a
bravo who had murdered nine people, who had been in the service
of Mr. Wellesley, and had been employed to .attend the person
whose name he abstained from mentioning, in her journey froth
Florence to Albano. He recollected that Mr.. Wellesley had told
him in conversation that this bravo was a fine fellow, and that he
was so excellent a murderer that he had killed nine persons with
a stiletto, in the dark. The affidavit of Mr. Wellesley, however.
would show the Court that this gentleman's memory was not so
much to be depended upon an he had endeavoured to make it ap-
pear to be; and it could not be very accurate in the first particular,
for at the time when he says that Mr. Wellesley was 'Mining at the
time.piece, it appears that there was no timepiece in the
room. Mr. Wellesley likewise affirms that the bravo referred
to did not go to Albano at all, and did not accompany the per.
son alluded to in any journey to that place. These were rather
awkward circumstances for the Doctor, and be determined there.
fore to file a new affidavit, admitting that there was no time,
piece in the room. It was true, he now said, that the Italian,
whom he had described as a bravo, did not go to Albano,
as he had before affirmed. There was an end, said the
Learned Counsel, to Dr. Bulkeley's evidence on that head. He
and two menial servants of Mr. Vl'ellealey went on, after that, to de-
pose to what was really of importance in this close—the conduct of
Mr. Wellesley to his children. With respect to any cruelty en the
part of Mr. W. in the treatment of his wile, there was no evidence;
of the proofs of his neglect there had been three affidavits filed by
Dr. Bulkeley, which expanded only over twenty sheets of the
Learned Counsel's brief. In the affidavit which the Doctor filed
at Pans on the 27th of February. Intl, a case had been offered
to his Lordship, which consisted of circumstances which he
thought the Doctor could but little glory in, if he had
any portion of that sort of delicacy which gentlemen of his
profession were generally supposed to feel. As in his former
affidavits, he had treated us in this with an exposure of the
confidential secrets of his patients. Mr. Hart did not mean to
repeat in detail the statements which he had made. He would only
say. in reply, that Mr. Wellesley was not the person who desired

shielady sa W insredwewd to Itniseent, that int hoe. fettle lanoe with her before she was introduced to him at a public=l;
her husband. There were written documents which contained an
avowal on the part of Mrs. WeUesley tbatlit was by her own aft—
her erroneous act—that the introduction took place which had pro.
duced the crisis of which hit Lordship had heard. The Doctor
went on to state that Mr. Wellesley had encouraged the female
plaintiff' (the Learned Counsel alluded to 31r. Wellesley's in.
fant daughter) to mimic postillions and flahwemen, and to repeat
several words which have an obscene signification in the Italian
language. These were permitted to be etpressed among the chil.
dren, but the Doctor admitted that the daughter was not aware of
the impropriety of the language. All Mr. Hart could say was, that
INS was positively denied by Mr. Wellesley. But the defence did
not rest merely on that. Ile bad now to advei't to several gentle.
men of high rank—gentlemen who never betrayed the secrets
of those who placed confidence in them—gentlemen whose character
placed them above suspicion, whose credit could not, in any reaper,
be impeached ; these gentlemen had stated, that the conduct of
Mr. ll'ellesley was quite different from that which had been imputed
to him. In the MS. documents which had been produced, there
was no proof that Mr. AV. had used such conduct to his children;
nay, there was no proof that he had used any conduct but that of a
kind husband anti parent, till that moment, when the act of' God
(for lie would call it so) prevented the parties from retracing their
steps. Now came the material part of the ad sheets. Dr. Butkelsy
was so much disgusted with the conduct of 31r. Wellesley, while
all the time he was drinking, eating, and sleeping comfortably in
his house, that he treated him, while at table with his lady, with
sternness and contempt—thus erecting himself into a moderator of
the morals of the gentleman at whose table he was sitting, He
looked fiercely, refused to help him, and behaved with so little of
that urbanity which is usual at the tables of persons of rank, that
he had deserved to be turned out. The Doctor had also passed an
encomium on himself. He had stated that he had been concerned
in the Guerilla war in the Peninsula, and he might, for any thing
the learned Counsel knew, have killed many men without the
aid of medicine. He gave him the credit of being a very vs.
liant man of war. In the fields of Spain he might have
done good service, against whom he knew not, and as little did
he care. He hail produced affidavits of two Lieutenants of the
9th regiment, and of a person who had formerly been a Lieutenant
in that regiment, who stated that he (Dr. Bulkelcy) was a boon
companion and an excellent fellow. " %Vas his Lordship," asked
Counsel, "to be entertained with mull' like this P" He thought
himself therefore justified in dropping the Doctor. With reference
to that part of the folio of affidavits which contained those of H.
Bicknell and J. 3leara. he had to observe, that they Wall both me.
nial servants of Mr. Wellesleyht. Bicknell had made a third aft.
davit, stating that he went to deliver a message as had been stated
in an affidavit filed on the part of Itlr. Wellesley, but denied the
words which he had, in the same affidavits, been affirmed to have
used, viz. " that he owed everything to Mr. Wellesley, and that
he should not fail to deliver the message." lie did not use thew
expressions it seemed, but he had reason to use such expressions.
Means had been discarded for cheating his master, and much
weight was not therefore to be attached to his testimony.
These were the only persons who spoke of anything in the con.
duct of Mr. Wellesley which looked like neglect towards his
wife. With regard to cruelty. there was not the slightest evidence
of any thing of the sort. His Lordship would afterwards see, when
he came to consider the evidence itself, how the different allega-
tions, in that respect, were to be answered. The Learned Counsel
confined himself, at present, to the consideration of the degree of
credit due to the diff4ent witnesses from their character and cit.
cumstaneee. lie then proceeded to the other affidavits; among
them was one to which he should call his Lordship's attention, be.
cause it was the affidavit of a very respectable man, Dr. Gladstone.
Mr. Wellesley had stated th it Dr. Gladstone, immediately after
the death of Mrs. Wellesley, committed the young lady to the care
of her aunts, and the young gentlemen to that of Mr. Pitman, till
he should receive farther directions from their Whet. Dr. Glad.
stone hail made an affidavit, that he attended Mrs. Wellesley is
her last illness, with Sir Henry Halter& up to the lath of Decem-
ber last, the date of her decease. She died at Richmond in Surrey.
After her death lie placed the children under the care of the Misses
Long, and neither the Misses Long nor Mr. Pitman accepted the
charge of the infants from deponent. as coming by the authority of
31r. Wellesley. He placed the children with them, without re.
ceiving orders from any person, having no authority whatever for
what he did. The slight suggestion in Mr. Wellesley's affidavit,
which threw any imputation on Dr. Gladstone, hardly deserved an
answer; but as the Doctor had thought fit to introduce a denial of
the feet, which he had stated in a letter written contemporaneously,
that letter would now be produced. It was dated lath December,
was in the Doctor's hand-writins, and should be read as far as was
necessary. It informed Mr. Ai ellesley that he had "on the Barra
authority (that is, his own.) placed the little girl at the Misses
Long's, and had requested Mr. Pitman to take charge of the boys."
Whether it was true or not, that Dr. Gladstone gave the charge in
queationoras of little consequence, and might as well be kept entire.
ly out of 'the ease; and this answer was introduced, not with
any notion of the materiality of the thing, but as the deposition of
Dr. Gladstone seemed to he a contradiction to what Mr. Wellesley
had sworn. The Misses Long had olso made affidavits, on which
lie would abstain from making ars, observation. Mr. Wellesley
had been under an impression that these ladies were a little more
I than necessary addicted to certain enthusiastic opinions with respect
r to religion, which though quite consistent with the doctrines of be
Church of England, were far from being consistent with that tern.