The British Press; or, Morning Literary Advertiser.
London, England, 1820-03-24 00:00:00

LAW INTRLLIGENCE.

COURT OF CHANCERY. LiicoLv's Ims,
TunaAv, Maim', 21.

Plaintiff front bang liable to pay the Arid, of the
Countess. But was not the 11lniile Plaintiff the
cause of that corsreatit being omitted in the derd
lie said he wroth! not have it iiitroducent. a. hr 6.1
too mulch deiwnilatice on the lioomir of the Coun-
tess to atip.inse that it would ever he necessary.
He (lie Leareital Conn•el) struck the deed of 1817
out of the tittesti ~,,, only PO far as it was evidence
to prove the continua ill conduct of the Noble Plain-
tiff to the Cousiteas ; but the deed of 1818, he con-
trolled,. wee a good ■od valid o.ir, and lie could
find on case laid down to invalidete it.
TO • LoRDCHANCELLoa--" Th.. /oration is, how
far this Court can take on itself to determine what
an Ecclesiastieal Court ought to do in ouch o case ?"
Mr. IVETIIEaI.I.I., in continuation, said be es-
sunsed that the deed of 1818 was an actual deed of
reparation executed by the husband, and hr korw
of no ease that decided that a mats and his wife
could not agree to live separate. It hail lose*, de-
cided in a court of law, in the case of Wilkes, that
such au agreement was valid, and also in the case
rf Leicerter. In both three cases it was decided
that an agrrement to separate was binding, except
that both parties agreed to be reconciled. It svar
a well-known fact, that if ti woman was outraged
by her hisslislid she could exhibit articles of the
peace spins! him, and if he could not filod sure-
tiev to keep the peace towards his wife, a court of
law would imprison him. 'fhis proved that there
Was soother mode of redress fo► an ►njured wife be-
sides that of her applying to the Ecclesiastical
Court for a divorce. There was violence and best.
hog proved iu this case again►t the husband, and a
court of law would give the wife protection—and
he would ask why that protection could not be
give.. to the Countess by deed If the CllUtitilla
had applied to the Ecclesiustical Court fur a di-
vorce, it was next to a certainty that she *amid
leave obtaitied it. Ile would suppose a case,
that of A and B, where adultery had taken
place, aunt A, the wife, was going to sue for a
divorce, and she forbore from doing so because
,the husband, had executed a deed to her, allowing
her a separate tnanitemince. Ile would a►k, iu
such a care, woul•l it be said that such a deed,
on the ground of public policy, ought to be
declared a nullity? In his opinion of public
policy and public morality, such a case hail
better be decided by deed Bleu by a jury in a
court of law, where all the circumstaneer of the
infamy attached to it was blazoned nut to the
public in tier newspapers of the day. Ile would
ask, was it against the grounds of public policy and
is 404, that the deed of 1818 gave the Countess
that alimony which the Eccleviasti.-al Court moil
the House of Lords would give her on a •'ivurce
The deed did not dissolve the marriage rights of
the parties, it only suspended them; fur if a recon-
ciliation hereafter took playr between them, he was
;lady to admit that there would be an end of the
deed altogether. (Juicier all 'hove conaideratitior be
hail no doubt but h s Lordship would dismiss the
application of the Noble Plaintiff, with costs. Ile
felt personally oblig ti to his Lordship fur the atten-
tion he hail listens.] to him midi during his argo-
went, and was sorry lie was obliged to occupy ►o
much of the time of the Court; but looking at
the question as he did to he one or the gieatest
importance to society iii general. he could oat
binig himself to argue it, as if it was reia'ive to
the validity of a piece of paper issued from Cots-
nini.street. or any other part of the City, as kir
Learned Friend the. Attorney Central had argued
it. /to his prat ice he laid never met a else of
greater importaiice. as it was a quertiou us. which no
decision bad ever been given. Ile was, however,
satisfied that any decision his Lordship might come
to on it would set the question at rest for ever,
sod he perfecily satisfactory to his clieutr, stud
the public at large.
Mr. BLAKE stated. that Mr. Shll4,lllla, who was
Counsel With Mr. 11'etherell, and ass to follow
hint. had that molting met with an accident which
prevented him from appearing in Court. tie theft-
fare had to request that his Lordship would ii!luw
Mr. Shatiwell to udd►rss 11411 on a future day.
The Lotto Ciaancet.i.oa—" Certainly I should
be 'lorry in such air important question as this not
to have the aid of Mr. Shadweli's argument. and I
e t help expressing env sorrow that be should
have met with any accident."
Mr. BLAKE s:iid,he understood the accident was
not of a serious nature ; hir horse fell under him, sod
it was thought advooshle that lie should be bled.
The ATTOCErv-GrKEnAL hoped it would nut
be expected that he should make his reply before
Mr. Shirdwrll was heard.

FEPARATION IN HIGH LIFE.

TRIt EARL OF WtsTMEAVII O. THE (DUNS'S'', OF
wtsTuraTit, VISCOUNT (NARBONNE; AND
avorttErt.
Toe ftirl her arguments in this singular case were
rtsaine:l t lite dav,

Mr. %V LTIIEREI.L, Counsel for the l/tifend list, 1
Viscount Cratthorne, and the other Trustee of the
Cols-less of Westineatli, stated, that be had to
!peg for the indulgence of his Lordship in arguing
this important case, as the attention of the Curt
had not hsets called to the coosideration of the amain i
spies:ion at issue. Every letter that passed i.e.
the noble parities was* document of evidence,
and if to. forhore from reading them, he most be
eidistied that his Lordship would do so before he
gave his jadgment.
The Lotto CHANCELLOR—"I must Pay here
as I did when the ease was mentioned to me of
hearing this case in private, that I would do an if
all the parties coos-tiled, but I could not without
that Consent; so I will here read all the letters if
the parties eminent, bid I cannot otherwise. You,
Nlr. Wetherell, certainly have a right to use them
ots whateser way which in your judgment will be
1000 beneficial for your chew."
The ATTORNFY GLYEILA I. sad, he did not re-
gard the threat of his Learned Friend of reading the
letters in public Cond. hit only objection to their
hying stated was, that he was of opinion they did
not bear on the case. Elia Noble Client could have
leo elsit-rovort to their being read by his Lordship.
Mr. WI.TIIrREILL Amid, lie would pledge him-
sell of i.is credit as u lawyer, that the letters bore
on every part of the ca•e. The bill charged, that
/'it 4leed Of 1818 eves frooduristly sot-omitted from
i'..• NWe Plaintiff, and that it was got from him
Set' surprise, and by the misrepresentation of Mr.
Siol.lore, the mutual friend stud legal adviser of
Vie Noble Parties, by that gentleman stating to
loin that the Countess was fir gone in pregnancy
tryhieti it the time she actually wus), and that her
I tool ilia of the child she was carrying, would
lie endangered, if lie did not execute tile deed.
This ea. completely rebutted by the answer of
Mr. Sheldoit, who bad sworn, that when the Noble
Ealittilf ou-ked him would he (Sheldon)) sign such
a thew', he replied, that lie would allow his
tgllt Itivel to be cut off first. So moch then
fir the fraud practised on the Noble Plaintiff,
the sorpriae. and the misrepresentation. The Bill
t ;Irefully abstained from stating the real cause of
11,e deed helog executed. It was true, after the
deed of May 1818 was executed- by the Noble
-Plaintiff, that he put into the hands of Mr. Shel-
don a protest against that deed, but not the protest
est out is liis 8111, but one which, after he hail de-
stroyed the deed. that he wrote to Mr. Sheldon to
destroy, but which reqoest that gentleman most
pleyeily did not comply with. lie hell the origi-
toil protest in his hand, and it cootsined charges of
sot II au infamous viol horrible nature against the
I' hiss, that no Judge, after hearing them, would
order the woman so abused to again cohabit with a
elan who wet iefamous enough to make them. Ile
revealed, that no Judge could be capable of order-
ing a %soma'', so slandered and so abused, to be
'rooted to the slanderer aid abuser. Ile would,
soh all deference declare, that, in his opinion, if
rots Judge of the Ecclesiastical Court, let him lie
oho he might, that would direct a wife so slandered
to he resiored to her husband, that lie would deserve
t., be pulled out of his seat of judgment. His
Lordship would, however, read the protest, nut the
woe tooted in the. Bill, hut the one that was so Gill
of infamy, and then lie would hr able to judge
whether the charges in the Noble Plaintiff's record
a tes tree, according to the declaration he had made
t o tits (hut in that protest. The Countess, in her
tossoer, had sworn what the facts really were, moll
los Lordship, lie was convinced. would pay the lie-
u. s-eery attention to throe. The (*cis were, that the
deed of 1818 was founded oo roon/Kt., misconduct,
or+, sh,letrce, on the part of the Noble Plaintiff,
%.loclo would have entitled the Countess to a divorce
it: the Ecclesiastical Court. She had sworn ii her
).,,./..r, that before and Law her marriage with the
N 01 he Plaintiff, that she had treated hum with the
greets at affection, in return for which he gave her
t e most cruel treatment ; and that she was about
*is sue him for a divorce, when the first deed was
execied in 1817, rod that subsequent to that lie
si.tl treat her with the greatest cruelty, violence,
sod ill-usage, ota which the deed of 1818 waltze-
s ired. The Countess iii her answer bad also
sworn, in answering one of the allegations of the
b.II, that she did not know that the Noble Plaintiff
svtit tclling to receive and support her and her
ciiltl I t ll ; but in truth, she was obliged to say, that
from Iris having struck, beat her, and from other
petronol crudity*, she had received from him, that
sly. could not, consistent with her personal a troy,
buffer herself to be under Isis protection again. She
, bast ail.° sworn that the immoral conduct charged
against her in the protest of the Nolte Earl
was felse, and that site had never wveis him
re:cos:on for such infamous imputations. He
woul.l not state the letters of tie treble parties,
but they did make such confessions that left isu
&solo that the Noble Earl had done the Countess
touch wrong, which in the eye of the law of the
Isod, and in the sight of 6-tf, would entitle her
to a divorce. It had bees; ~.tied by his Learned
l'tietol, Mr. Ilorise, that the annuity 01 1,11001.
par annum was too much Int the separate mantle-
s; sore of the Countess, whet, the circoluistances of
the Noble Plaintiff's fort use were considered. lie
would ask, was it too large ars allowance for a Man
to give his wife who represented liiinself before
slew sage to be worth 10,000/. a-year ? Ile certainly
lowers there was a docutnent which he would ab-
stain from reading, that cut it down to 3,0001.
s..year. 'lle would then ask if a mass was too be al-
lavrett to take advantage of his owls fraud tefure
Marriage, to cut down the incouie of the person
114 auded ? Ile uuderstood that the record of the
Ni,ls:e Plaintif was to be defended on three
issuoutts : the first that the deed was obtained by
eisrprese and esuarepresentatimi—that, lie roust-
&led had loan folly auswered ; the aerosol was,
flit ...bile, deed -*4ll isgliiist pUblic policy, and
Ai:
.• ~. . . .
1,.. injure public morals ; and . the third
wadi, the 'dead did slot colitiiii a cave.
Mita toss the trustees, indernisifOrri the N 4,61 e

The LORD CHANCELLOR—" That if not regu-
lar, aid c I Ire expected. Go on with POMO.
thing eke."
Further argument postpinied.
WEDNESDAY. MARCH el.
The arguments of Cousirel were again resumed
in this singular ca•e.
Mr. SHADWALL *AM heard on the none side se
Mr. WFTHRREI.I., fur thr trustees.

The ATTURNEY GENERAL Molted.
Mr. BLAKE, jun. Coumel for the Canute's+ of
%Vesture:llli. slated, that he thanked the Attorney
General for gibing him credit for las feelings on
this occa.aun, ll* lie had llle honour of being all
acquaintance of his Noble Client, end lie hoped his
feelings as such acquaintance did toot make him
forget his duty to the Court as au advocate, in any
thing he might have,ailvanced in the way of ergo.
mean. lie assured his Lordship, in the character
of an acquaintance, be had done every thing in hits
power to have prevented the present application to
his Lordship, or any aepeal to another tribunal,
and. in justice to his Noble Client, he must say,
she went with him in his wishes; and he was outlier.
riled by her now to ray. that she ass ready to
leave all pecuniary movers between her awl the
Noble Earl, but to other matter, to the arbitration
and award of any Gentleman at the Bar.
The Loeb CHaticaLtua obsessed, that the
Course lilac matter had tidiesto before him, impos.-v1
the duty on bone to look into the ausweis a f the
Defendants, and also the letter* of the Noble
Parties, although hr did not think flee) bore 0.1
Ilse turre dry question before him. a lor!lirt a deed
of separation was or ass out agoitost pabhoc policy.
He was capable of typircogioag the feelings of
Mr. Blake on this occasion. and lir g.see him coedit
for them, the some as he •ded for t vet) liginq lid
bad heard fall from limo. that they wire the:tided
by the certainty of acting as loreitistr Out Owl)
friend but an advocate, and if it war his duty he

'S.-

wouhl *ay, bait hie proposition •n the pad of his men that they nand be honest, and have ;egad fai
Noble Client ought to be met in the spirit it was the property of others.
off, red. lie would not Owe, say one word as to the 1 Verdict—Cathy.
meiits of this case; but he had no hesitation in 1 n4fol) Girattow obwrveil, that he was sorry for
saying, that it was high time that the question of i • the verdict which had been delivered, but he should
articles of separaf !warren husband and wife,., have been still more sorry had they given x different
al lil be put an end to by a solemn judicial juilg.. verdict ; for lie should deeply lament to behold
meat ; and if it wail not for the prevent judicial i Englishmen giving • verdict on what was called
state of the country, which made it impossible, he character, contrary to the pressure or facts and
would ask the assistance of two Equity and two evisleoce. Ile was sorry to see the Prisoner in such
Law Judge'', and have the present case argued a ; but the verdict lisd been pronounced,
again before them. Ile did out know but the law and 1. 1-1 tom he taken away," willed his Lordship.
of the rase might be decided by his directing en Seusie,c .1 to to imprisoned nue year.
isme to be tried in the Court below. Ile, however, Tlic Wier ind.ctments fur the robberies during
did not pledge 1. self that this was the course he i the hie %%ere tried. Titry occupied the Court till
woutd take ; hut this they might depend on, that 1 past eight o'clock.
would give the case bus fullest consideration out
of Court, and come to the best colichisiou be could
oil it ; for he looked on it not only important as to
the parties, but the public at large, which must be
the case with every thing that concerned the so.
lean contract of marriage; and they might also
depend that they should have his decision as soon
as he could bring his mind to whit lie hoped would
be cosisnlered right, not only by the rarties but by
the public, as far as public policy and morality
were cosicerned.
Judgment postponed.

The following Scots Lords took the neennory
oohs, to quid* them to vote nt the election fur
Scots Peers, viz.—ihe Duke of Hamilton, the E.rl
of LnuJerdalr, sod Eat of Aberdeen.

IV AVA I. I NTR CLIGENCE.

PORTAMOUTR, MARCH t 2.

Arrived lb, John, Lotherineton, from Sl;ieldv for Gib.
rater and Fiume; Dove, Cad. o, from tVeymosilh ; Dart,
Trawls, front Mr' ..... utli, IA Uoiou, Ganjar, and Le So.
grllr, from Cherbourg.
Palmed by the Cicero; Kelly, from the South Seas for
Loudon.

PitmLaircr, DIAACH.2O..

Arrived lite Ann Elizihelb, thren,ftom Newry for Poole,
with Item of huwsprii, Islamic been ran foul of uff the Limard,
by ■ large ►hip, *unmated to he an Ilarliamais.
TALVOUTH. MLICII 20.

Arrived it...filling Cesar, Luehie, from Demerara, in 80
d• yr, for Loudon; Crisis, Sive,llly, from New York, in
25 day., for Ilavre; and Bliss, from Virginia, fu► London.
Arrived off the bawd, the Deorgiana, Warren, from Bev
like fur Loudon. On the 21st ult. in lat 38. 49 N.; biog.
38 3. %Y. She was struck by !Waning, which splintered the
mainmast. The master, mite, and three men were also
struck by it, bnt did not receive any injury.
Dem., MAECII 22.
Arrived and sailed fur the River the Severn, Low, from St.
►1 farriers.

Came down from the River and sailed the Neptune,
M'Kniotek. for New Sentiti 11'aNit; fisrbndors, Kinoby, fur
HaWax ; Henry Chy, Grrn., for Virrini,s; Alfred, Trist,
fur 1.. h ITO Aruo, Rol.r.rf% eeeee for Collo* Ford,
Strung, for ligtoun; lihzibcth, Mather, fur Lisbon; and
Mercury, Unlit. fur Messina. Also sailed the Tropics Brend-
ford, for Barbadnes.

Livrttroot., MAUCH 21.

Arrived the Darien, floor S:i•suuah; Muter,*
Smith, Benuelt, hum New York, sailed 25th Fcbrussy ; rod
Halcyon, Wooster, from Cherlnto°, sailed 18th Feb.

The Elizibeth, Ostler, for M Ara, for Loniteiti, put into
Vigo the Ist inst. with &nonce to her rudder and rrila. She
'tailed on the 113th of October, and hIIOU hoar,' a Lieutenant
and 31 4oldito s of the 40th ludic regiment, five females, and
two male passengtru.

MEETINGS OF CHEDITOI4 AT GUILDHALL,

TO MORROW.

DI. H.

W. Buer, Greenwich, butcher
W. Jour., ER.I Cheap, witos-oitert bald ..... .
It Wit I !Oil , Rood-street, hosier
T. Norris, R tusagate, grocer
M. A. 111.0.w00e, Mlle.( eal, brt act. 3 It
T. Raine, leicestr r•fi*lrls, whole sale. peo isomer...—. 3 10
C. Kennard, P.ll, kiln: nod sLaper
H. Peirrey, Brighthelinglone, grocer 3 12
.1. 31autool, Colvenl.gardo-to, onurcorr
T. T. &I'M,. Hamad. to 0:al P, butcher
W. Swat', C"mmercial-roa.l, ottastt.r.mariner 8 10
E. plebes's, Eynaford, draper
H. Pesch, Camberwell, incrchant
G. 1/ ausultun and J. Saxon, Quests-street, warelionce•
men
11. Cheassair, Brampton, merehaut 2 lt

M. Lynch, Spiti4llields, silk manta:minter 0 11
.1. and C. Lyne, l'Aisallury.sqloAre, Mel chants
H. Guile, SJuitltlielil, butcher
A. It.clty, r
M.'S. Gray, Catision.streel-rioad, wine-intrrliant 2 12
%V. %trills, Orinonil.sirert, livrn stable-keeper 2 10
J. Dickenson, Lower Etlninni on, cattle dealer
I'. C. I.illey, i il..r
J. TT palm, nrovi.i,m broker .... 2 11
_ _

11. mid M. Ihttli.ll4, St. Mrs i.x , men bunts .. 2 II

I'. Warwick, 11t4•heet, drawl-
G. Auxin, Lus.g.arre, I•lrtrr 1 IV
L. 4liguil3r, Ihrotp.liirr-Ktiollr, 1111,10. 'chant 1 10
B. I' r, I...)wrr E.. 1 SIMI:dig:IJ, 111. I !milt .... 2 10
IVtllter. Eltirtm, rarpriver
.1 T Ghak, T•tlitii.strert, rictuaill
14. E•lward.., Ihrltus,l, grortr ..
D. T. Choi kr, G d-cir.4.l, SOll4l, larrKinn ..... • • 1 10
S. Ribald, Llytonsione. botcher
.1. %Vow], St James..., Sitilor
R. graham atiJ S Nlr..al•••, i.ricracr switirr, linen

--. . .
drapers....
G. 5a.141, Eloom.buri, i arp,uter 1 19
U. Owen, Not I:und-birret. tailor
J. Mob, l'atersio.ter.row, luitioloidlcr 1 10
E. Blyth, Holborn, tleot:er .
Dll'' I)EN 1)S.

.1. P. •nd E. noel 11. 14.-toololuo, W. Stun, ati.l 1).
Adams, I.unthard-strrt t, bnuk. rs
J. Loch. Woolwich, viriulllcr
W'. M. Callus:iv, 111.1 h Mauro, musical-lost. oinrilt•

milker lO
T. Ehspnoati, near Rost, iiii.aliasii
J.ol4let, Charlot...silo et, hirroy.sipinre, jeweller
J Newell, Iteelbriilte, limb, r•niei 014111
J. E. Giles, Simi...lllde, uil lb oil
T. Browny and J. roil...seer, .te.•gii ig211.14.1411, IA lue•rwer-
ehalits
__

J.ll, 11, 5p.t..111..1.15, 1,..neb..7,.........a....f..c1urrr
G. IV. 11 ye, N. whatton.lll.ll.l, MCI I haat
W. May, Spital.milt,re,silk tnautslariarcr.. . lt
J. Champi....l. Great St. 11. lea's. I.rx.k. r
W. Warner, Gr. at Garels.s.r., I. talut.tnakrr ll
.1. 11.. ming and 7 11o...blies-, ILsisoi.r.l.:.strecl, jewellers 11
I'. C. Ilarmuli, lVi.t.. art., 1i...... &Ala r
L. 11. 11. G l. unstant. 11..11..14.4c-iiittare,sug a•trBaer lO
___ ...............