The National Register.
London, England, 1819-05-02 00:00:00

THE NATIONAL REGISTER.

case the Jury, exhausted as they were, had not retired, it would
have been disadvantageous to the prisoners, as they could not
have had the benefit of proper attention from the Jury. There
WAR no ground for a new trial.
The Judges agreed with the Chief Justice, and the motion
was refused.
Mr. Gurney then moved, that three of the defendants, who ap-
peared in Court, namely, Woolf, Kinnear, and Louis Levy stand
committed. He observed that Weiler, the principal witness. was
in the King's Bench, and perhaps it might be best not to send
the defendants within the same walls.
The Ccert ordered them to stand committed to the Gaol of
Newgate.
AIITICLES OF THE ?FACIE.
The Earl of Darnley, at the sitting of the Court, exhibited ar-
ticles of the peace against • gentleman named Bligh. The arti-
cles stated, that Mr. Bligh had been some time ago bound over
not to molest him, but since the term bad expired, he had an-
noyed the Noble Earl in eh.: most outrageous manner. by follow-
log him in public, staring him in the face, and using gestures to
provoke him to fight a duel, lie had followed him from LOT-
,ion to Paris, from Paris to Italy. and from ILL to Englund.
At the Opera he always insulted hint in the way before described,
and frequently put his hand to his pocket, as if he was drawing
a pistol. The exhibitant, under these circumstances, was obliged
to apply to the Court fur protection.
The Court ordered the articles to be filed, and ordered the de-
fendant to enter into sureties to keep the peace for five years—
himself in 6000!. and two others in 30001. each.

CONSISTORY-COURT, Farmer, Aram 30.
LADY UERREST v. LOID HERBERT.
This was • snit fur restitution of conjugal rights, instituted
the Ho,. Octavio. Spinnelli. Princess Dowager of Buten, in
Siedgecommonly callel "Lady Herbert, against Robert Henry
Lo Herbert, OM of the Earl of Pembroke. By the libel. it
ripprtied that toe 'zanies contracted a clandestine marriage at Pa-
lain°. on the 17th of August. 1814, and that the lady arrived in
London in the month of March, 1817. Of the 39 witnesses
examined in this matter, toe ;;rester number were so examined
in order to speak to the identity of the parties ; the marriage was
proved by the priest who solemnized it, according to the rites of
the Roman Catholic church ail Sicily.
Sir William Scott, having defined the nature of the present
peoceedings, save sektence. He observed that the parties in this
cause were neither of them minors; Lord Herbert being upwards
of 21, end thereforetbre competent, in the eye of the law, to take
the step he had derided upon; and the lady Oetavia Spinelli,
although roniervhat older than himself, was yet not of an age
which of itself implied any incongruity in the match. It ap-
peared that Lord Herbert, being in the you lose in Sicily, was
introduced by Lady Wilbur' Dentinck into the family of the
Prince de Dutiei, whose palace was the great resort of all the
English nobility who visited that country, and who were always
received with the utmost hospitality. Of that bmpitality Lord
Herbert was a constant partaker, being frequently with the fa-
mily once or twice a day, both at Palermo and in the country.
He appeared to have sedulously endeavoured to gain the favour-
-1 ebie opinion of the Princess, whose husband dying in June. 1014,
' she shortly after, according to the testimony of her ciao, the
Duclier.s di San Giovanni, clandestinely martial Lord Her-
' best. Having commented on this part of the evidence, and on
the manner in which the marriage was celebrated, the
learned Judge remarked, it WAG nut kir him to entertain any
consideration aa to, the propriety of the match-en either side, the
only question was as to the validity of the marriage. It was esta-
blished by law, that if a was valid in the country
where it took place, according to the rites and usages of that
country. it was a mood one here; and this was so held upon
a sort of jar gerzflatis ; for, however naked the forms .might
he, however meagre in substance, provided they coeformed so
th.o standard, the uoionieal law recognised thesn as perfectly
valid. Now, the evidence as to the facts attending the celebration
in the present case. established the artairty of those forms having
been complied with, and the opinions of several judges of Pa-
lermo, annexed to the papers before the Court, clearly determined
the validity of this marriage. although a clandestine one. After
some further allusion to the scope and intention of the law of
Sicily, regarding marriages of this description, the Court strongly
reprobated the idea that it should be expected to all in the aidof
a foreign criminal enactment, acknowledged to be almost dor •
meat iti its operation, in aid of is civil jurisdiction—a measure to
which it was incompetent, and in which no principle could be for
one moment made out. And at whose suit Not at that of the
father, the party contemplated by the enactment ; tut at that of
Lord Herbert himself, who bad avowedly intringeel it. From
the whole of the evidence, the Cea,t thought the lady entithai
her prayer • and therefore decreed Lord Herbert to receive her us
his wife rich conjugal affection, and to certify to it, by the first
day of Michaelmas term, that he had complied with its lojanc-

Lord Herbert is at preacnt abroad, not hating visited England
since the year 1814. The suit WAS commenced in 1815.

EL.I

COMMON PLEAS, V.' ED‘r.SU Y, A FRIL 21.
DUCTiON.
BIRCH V. MENED VIII.

Ti.is ease, which eticiirtl a reiy Reel, intere,t, came en
In be tried ye...mu-day. beloic Lord hurbury, and R whit
respectable special Jur. ; Alderman West, feiettiait.

. - -
Mr. Burrows, -in a must pathetic addresi, lard the plain-
titre ra-e before the 'turn, ■ud Mr. 6-rids replied on behalf
of the defendant. Thcre WWI but one witness, culled Sarah
Birch, daughter to the pinintitf. and the &rivet of the at tiros,
a very pretty iutrieutiug English girl, of 19 years of age, and
appa:rntly extremel:, fascinating in ber.manners and address.
She underwent a lung and Minute ilivectigation. The fol-
low ing in a sketch at the leud.n4 farts of the cane :
The plaintiff wits the proprietor of an hotel in the small
town of Broadstairs, in England, within half a mile of
which bisdattAhter Small resided, at the 11011.0 s sit her aunt,
a respectable lads; tate haa two sinters old-r than herself,
one of whom bad been married to a gentleman of fortune,
the other to u captain r.f the envy. 111 the month of August,
ISIS, thes defendant, Mr: Alreedyth, a young Lola gentleman,
under age, .who had lately bvcuaue, by the dent!, of his
father, the owner of au estrite ofd or 5,0004 a year, arrived
at the plaintirs hotel in a baron ite and four, and having
seen the plaintifl'a drutAiter, then hut. 15 years old, of her
father a, w lucre she sometimes went of messages for her aunt,
and being struck with her personal attractions, he sons
erected an at qmintance with her. After a few interviews,
he contrived um eirroiog to induce her to take a drive in his
barourbe, but she fading he '14419 taking advantage of her
extreme south and iutriperience, when he had driven her
a►out the nisi:ince of two miles, got alarmed, nod asked him
where be etas !Alop her tr.. Fe gave her an evasire an-
swer; nista ed promises of marr.age he bad aide to her

MAY I.

before, and continued driving on until they arrived, at
o'clock at MAI, at is town about 30 miles from tiroadstai•s.
where they alighted ; and after supping they retired to their
respective rooms. While the young lady, however, was IA
the act of locking her door, the defendant made bit way iii„
and in-despite of her remoustrancrs, completed the rum
his Unfortunate victim. Afteetakisig her to diferent place.
in Faigtaaid, they went to London, and stopped at Rate*.
hotel, Dover-street, where they wire puistied by her brother,
ho, however, did not .ucceed cilia.' in rescuing his sister
from it. r seducer, or isb:aiiiing satisfaction fur the injury he
had dome his family. The jetendnnt made his protegee • tbs.
guire herself in the dress of n housemaid, and contrived
to avoid being taken tip by the police officerav tir bo
were brought for that purpose by her brother. He then
came over to Ireland, and after stopping at one or two
pares for a short time, he took a house for he,rat Rwwelagh,
*lsere she was confined in July, ISt 6, of a bey, wk. sr«
called after his father, Joshua Paul Nlerellyth Hitherto,
and for some time longer, the defendant treated her With
kindness, although of is very Jealous disposition so such
so, that for sixteen asontlasbe was in that house, she was
never permitted to cro4 the threshold. In August, 1811, he
drew a itiodof will, in the shape of a letter, miserably ill
scrim ii and spelt, in which hr mentioned her with great
affection, and settled all his dispos.ble property on her aid
hie child, whom he coufided to her gnardimaship. however,
hie affection at length abated, and his ci.orluct towards her
changed; and she Mated that he even beat her cruelly. lie
sent 11 friend of his to tell her, at last, that he must part w it b
her, ice lie was goinito get marred, and had therefore taken
lodgings in town for her, her child, and tt couple of ,ervani.,
and would settle an annuity of 2001. a year upon her, sad
give her a rum id money in hand. Ills promise, however,
he did net think fit he perform, and she removed to her heis
abode with nu more than Sr. in tier pocket. Here she 11'-
1114 mill for several months, without his even coming near her
.rer.gising her any money fur her support; mein 1111 one
occasion that she went to him at an hotel.
,iii•Capel-street,
When he gave her a pound note ; and on another, after no
interval of some week., when he gave her Vt. She vs as cuii-
• s...quently compelled to pawn her watch, seals, pelisse, ni•d
several other reticles, even to her child's fru( ks, to enaale
her to procure the means of subsistence. The w micas, in
stating this, pulled the duplicates out of her purse, at o hich
the learned lounsel who was examining her (Ntr. 60old) was
so much alerted as to he unable to refrain from shedding
tears. As far the wretched girl herself, she at different pe-
riods of her examination aria hittetly ; and 'salted every
body in court appeared deeply to deplore the fatal Mills-
cretion that had •reduced the lovely young creature it, suca
premature misery.
In charging ihejury, the noble Judge. after deprecating
the conduct of " the spoiler who retold first rob the rose 4,f
all its au eets,and then fling it, Eke a loathsome ye. d, aw ,"
asked, what must he the feelings of the painuits at losiog
each a Child, a !wee education, it was plain from her deport_
mete, was' far fogs having been neglected, even at the
tender age at which she had fallen. His laird-hip was In
overpowered by his feelings, that he was oblige dto •hip sand
weep for several minutes before he could proceed. lie con-
•cluded by militating the jury against warring theruselve, ai•
he led away by their feelings as to Lad been 59 his ; at the
same time to mark their stoat of the defe.dant's conduct,
by awarding such damages as would show, that crimes of
this nature were not to pass unpunished; Verdict-2,0001.
damages.

OLD BAILEY SESSIONS.

MONDAY, APRIL ifi.

CHARLES RENNET-T.—This morning, on the Judges en-
terint: the Court, this prisoner was pot to the Her, wilco
an affidavit was presented by him to their Lordships, im-
ploring their acquiescence i r allowing his *tie' to stand
over until the nest Sessirse, as, in consequence of his very
'emit committal on Saturday atterncon, tie NOIII4I not he
able to meet the charge agaimd him these Sessions' 'Attica
their Lordships agreed to. It was then intimated to hint
that his trial would commence the first day next Session-.
His manor's seemed perfectly childiati. he was dressed
in a genteel snit of black, and grey pantaloons.
Joseph Branch, one of the prisoners who had on Fri-
day last pleaded Not Guilty of having hail In his tomosessoii
finger! Itiaik of England notes, knowing them to be
tinged, was then arraigned, and his plea having been se-
corded, he now, in conseopieace of the Bank of England
having permitted hits to retract hi, plea, pleaded Guilty,
which subjects him to It years' transportation.
l'hoinas Jeffentt was then arraigned on a similar charge
to that of which lie was acquitted osSaturday, vis.charglug
bile with having, on the I lih of September last, stolen out
of a letter, whizh had conic into his possession by 'little et
his situation at the General PostiOrtice, a 101. Bark of
England note, that had on that day been vent by Mr.'f ar-
ty, residing iu Leicester-square, to a geutleman living et
Little Stoneham. Suffolk.
Mr. William Tassy was the first witness called, and he
stated, that on W.! 10th Sept. last he sent a let. Itauk•nute
to the Rev. James Richatd Vernon, at Mr. Goodwin's,
Little Stoneham, Suffolk. 'Chi, note was enclosed in a
letter, and bad been obtained from Mr. Wright's banking
house, in Henrietta-street. This address was written *spoil
t, thus—" Wright's, Henrietta-street, WA'." The 11111e:Jet
of the note was 3,546. (The Rank-note was then handed
in by the witness.) The letter, being sealed and directed',
was sent to the Post-office by his servant, henry Leen.
Henry Lang, t to the last Wit Orli, proved that i.e
took a letter nu the Rills of September for his master to
the receiving-house in Ps ince's.street, Leicester-squaw.
Mr. Tassy re-called, stated that two or three days after
the letter was sent he received intelligence that the letter
bail never arrived.
The case for the prosecution being closed, the prisooPt
gave in a written defence, which was the same as that
which ise delivered on Saturday.
The whole of the plate taken from the pristine/hi lode-
logs was tirodnerd, and coasted over piece by piece, 1..
Adkins, the officer. The prisoner's landlady was celled.
who proved that he was a.oety regular young mu. He
was always very careful of his plate, and generally !hawed
it himself.
A silversmith, who had known the rigour fee 14 eel i
years, ',onlooking ever the plate, said, that the stew pere
would ssetanseunt to more thaw Soi, sod doe old price
would reduce it to 601.