The British Press; or, Morning Literary Advertiser.
London, England, 1809-12-25 00:00:00

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LAW INTELLIGRNCIL
-COURT OF CHANCERY, Liacomes.lnsi, lie. ti.
• EXTRAORDINARY CASE.
Sir S. Hontart stated, this was the petition
of Scrub Autie Daniels, a lonutic, to have herself
removed from the custody of Joseph Muityard, in-
to that of her father, Mr. James Daniels, or into
that of any other persona that the Court might
think proper.
The Learned Counsel stated, that never, in his life,
as a Commie!, did he feel more euibarrasement, or
more anxiety for the success of au Jpplientaiii, than
at present; the circunistaecea of the case were
most novel and distressing. He trusted that he
might never nem be obliged to listen to the anxiety
of the father of this unfortunate young lady.
It was too touch fur his week n lt would
'se sufficient to draw pity from the breast of an un-
cultivated untutored savage. .Fair. Druiwls was a
respectable gentleman, residing at Ilsonpstead; the
Petitioner was his only child. In the month of
March Ilasteehe became deranged in her mind ; she
shrived it in several ways, by tearing her clnthes,
sitting for hours naked, striking her attend-
ants, and using most violent exclamations.
Dr. Munro's 114hi.tatiee was called in, but without
effect. The lignite of the dinning hither could be
better conceived than described ;. from the distressed
state of hie mind, his body lucerne impaired. The
whole election of the parent was called lards. mid
his mind being weakened by distress and bodily
pain, he conceived the Cabe, of his daughter's host-
uity was a secret passion far Mr.Josepli Munyard,
n young Solicitor in the noighbourhood. He knew
she had seen him, as he had done some professional
busmen for hint (111 r. Daniels); lie was confirmed
in this opinion by the expressionsof the Petitioner
its her his of insanity. Ile thought by giving her
the object, what he iSipposed to be her cliotee,ie
would remove her insanity. He accordingly sea
for Mr. Jiweph Munyard, and acquiaiisted him with,
his intentions, without secreting auy thing., a hich
were immediately acceded to by Mtn. The Petis
%Muer was at this time outs le years of age, being
sip in last November. Mr: Deniela agreed to give
fir. Munyard suet. on the marriage, and the in.
terept of 60001. ado. k, wed the Petitioner cant, to
the age of 24, whet' it was to be laid out by
trustees for the benefit sit the Petitioner mid her
hour. Mr. Munyard had been in the habit of see-
ing the Petitioner daily, in the presence iif her at-
tetidaete. from the 50th of Msreh to the Bth of
April, the day on which the in,oriage took place.
and of wing her insanity. The prospect of the union
did not recover her. On the meaning it took place,
it ars with difficulty she could be prevailed on to
allow herself to be streamed. In the church, in-
stead of attending to the ceremony, she was look-
ing around her with a vacant nat.!, which sheered
she was not of *mind timid at the time.—
Mr. Mtinyard took her home, lint it made no
rh urge in her mind. On the 17th of April, he re-
turned her to her father, Mr. Urniefe, who twin
pot her under the charge of Dr. Munro. On the
45th of April, Mr. J. Munyard called on Mr. DA.
mils, and told him, if he slid not give him a Lim
on the sis thousand pounds at ick, and a promise
of the residue of his fortuee, at lilt death, he would
take the petitioner away, as lie liad a right to do,
she, being his wile, suit tliat lie, the father, should
' never 'weber more. Mr. Daniels refused to coin-
ply with this demand ; ant oil the Ist of May he
put his Arent into execution, and carried the Pe-
titioner off by force. On Pie lith of August, there
was an execution putt into Mr. Dallier* house,
far 5001. by the father of Mr. Joseph Munyard,
on tin. blind given to the latter by Mr. Daniels.
--The Petitioner had been since neglected by
Joseph Munyard, and deprived of these comforts
her situation required. The Learned Counsel con-
treated, that if there ever was a case which required I
the interference of the Court, it was the present. It
asked but little; only that this unfortunate and bean-
tied young lady might be given MO the custody of
her father, or some other person, under the direc-
tion of that Court, who w_iiild attend to her wants
and comforts. It came fully under the jurisdic-
tion of his Lordship, fur if she was insmie, at the
tone of the ceremouy. the marriage was null sod
void; for, although the person was present, the mind
Was absent. It was like a person merrier by proxy,
and the marriage never consummated. It was true,
they had been married by license, and with the
consent of her father; but his indiscretion, which
he had severely ;uttered fur, could not make an
unlawful act u Ireful one; and if shc was in a stale
of msatiity •t the Unae of the marriage, it must he
imbue fail. The Clergyman who p,•rformed the ser-
vice even perceived there was something wrong
about her; for, on his return to his family, be oh.
served, she must be either insane tar an idiot. The
reason why this application had not been made
before was, that Mr. Daniels intended instituting
a suit in the Spiritual Court, to dissolve the mar-
riage; but he found he could not become a suitor
there, when he had given his consent to the thing
lie complained of. Under these circumstances, he
had nut a doubt but the Court would look upon
her as if the marriage had nut taken place; in which
ease the right of custody could not be vested in
Mr. Joseph Munyard.
Mr. Batt. followed, on the same aisle, and con-
tended, the Petitioner had a right to the redress
asked for by the Petition.
Mr. RICHARDS, as Counsel for Mr. Daniels, sub-
mitted that. his Client was sorry for the part he had
acted, and regretted every hour that he liad beta
guilty of such au indiscretion.
Mr. HART, Counsel for Mr. Joseph Simmer&
contended, that this application was irregular, for
the Court had no jurisdiction to do away with the
willing act of the 14W rul father of this young lady.
This was not her petition, although it professed to
be so on the face of it, hut that of Mr. Daniels, the
firther--who had nothing to do, if he wee displeesed,
but to sue out e coamiissicia* of lunacy, to try
the fact, whether she was, or was not. ansguc.at the
time the marriage took place, and have it maimed
by the verdict of a Jury.
Sir SAMUEL ROMILLY—" He could not have a
commission of lunacy, without there was property
in the case."
Lord ELDOII—" The Coed would not grail it,
without the hosband was iLot able to take care of
her, and consented to the commission."
Mr. HART, in contiatatatiOn, observed, that he bad
affidavits, which demettl she wee introits sit the limas(

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