The Sun.
London, England, 1806-08-20 00:00:00

LAW REPORT,

COURT OF.CHANCERY,'Atig: 19.

-PEAR,CE V. CRUT-CHFIEI.p.
This was a' Petition of Mr. John Locker, -the
husband of the Plaintiff, Mary Pearce', otherwise
Loclser, praying to bt, discharged out of custody,
and to be allowed a portion of his wite's fortutie,
to pay debts. incurred in consequence of their niarL.

stage.
This was the case'which bas already been sooften
before oni; Readers. Mr. Locker was a respectable
Irish:Gentleman, who had rriarried the Plaintiff, then
a Ward of Chancery. Proceedings were instituted
against him in this Court by the above Defendants,
who were the Trustees and Ghardians of the young
Lady's perBon and fortune; when the then Lord
Chancellor (ELoo'N) ‘committed Mr. Locker for con-
tempt, and dire&ed a criminal prosecution to be in:
stituted against the Petitioner, Mr. John Locker
•Wain.wright (his nephew), and Mrs. Wainwright,
who was the step-mother of Miss Pearce, for a con-
spiracy, in running away with a Ward of the Court,
and contriving a marriage, between her and the Pe-
titioner. They Nirere all convicted of the conspiracy,
mid Were sentenced to a long imprisonment, which
expired-in December, 1804.
Mr. RICHARDS and Mr. Tuomrsox, in support
the Petition, urged the long Confinement of the Pe-
titioner, and his , ill- state of health. They stared
that he firad long Since offered to Make ample settle-
ments of the Lady's fortune upon her elf, but in con-
sequence of their 'marriage, for.theycohabited to-
months after (though Mrs. Locker
afterwards absconded from him) and the subsequent
proceedings at law,. with his lung confinement, he
Was greatly inVelved in his 'circumstances, and unles§.
his Lordship slioUld relieve him, by granting *him'
some portion of his wife's property to
.pay off those
debts he had .so contracted, the fOrnier order of the
'Court musti, operate against him as imprisonment
for life. "Independent of his long confinement, of
;f6iir- years, by Which his health §o Unpaired, his
property in Ireland had suffered very considerably.
From the evidence of the Several respe&able persns
!'who appeared on his behalf upbn his VIA, it was
I evil at he was a Gentleman of charaaer arid respea=
and'„ hokVeVei he had Offended against the
law, he hal suffered the punishMent of his Offence
to the utmost, having now been near two years in
confinement' after the period of his sentence had eX-
pited.l He Was ready at any time` tb make :sudi 'rea,,
sociable settlement *upon his w.i,f9 as his Lotds*
should direct, and under all the 'Cifctinc:3Linces; hOp
ed Lbrdship Would blend reility with justice, by
granting the prayer_ of his
Mr. FoNTILANduE; oh behalf -of. Mrs. Loeker, re-
sisted this application; and contended, that Mr::
Locker Yad not yet purgedhimAqlof his conteiript.
It was a Very high 'offence againm "the laws" of his'
country, for winch he had justly. suffered but from
fhe nature-of his offence; he submitted The had no
right to ask the indUlgenCe, he,noW.sOught for
had imposed hicnSelf upon this unhappy I as a
Gentleman of property, and gained her hi marriage,
by a most foul-and shameful contrivance ;- nor had
, • -
he, to tne.present moment, maue. any sort of settle-
ment upon her ; for all'the§e,reasens he Subniitted
to his Lordship that he should not' be allowed any
portion of this Lady's fortune, nor was he an object
for the indulgence of the Court.
Tha SoLiceroß-GENEttat," on the pArt of the
Trustees, dectned making any observations, after
those so ably ttrged.by Mr. Fchiblanque.
The LORD CiIANCELT,OR ,observed,. that the Pe,
titioner had committed a very outrageous offence
against the laws ; but there should.-Certainly be
a limit to the period of punishment of indivi,
duals,' particularly in a case like this, when it was
evident, the Wife had not aaed entirely of her
own free will, uninfluenced: by others ; and this.-
Gentleman had already suffered- very severely.—
This matter having already been before the Mas-
ter (Mr. Cox), his Lordship thought it would
be the better way to refer the whole question .back
to hint, for his consideration ; they would find him
a most excellent arbitrator, who would do ample
justice to all the parties.
.His Lordship they
retied that the Master should examine the proposals
which should be laid before him, by both Mr. and
Mrs. Locker, for proper. settlements. Observing,
that the moment the Master should report that Mr.
Locker had executed proper settlements, be would,
without farther hesitation, grant His-enlargement ;
for it -was always his principle, that Justice should
be tempered with Meray. •

Ex-parte WOODISO:s.T, IN THE MATTER OF SCOTT, A

BANKRUPT.

. . ,
This `,vas an application for liberty to prove a debt,
and receive a dividend under,the Commission.
It-appeared that'the Petitioner 'was the, widow of
the Chief Mate of an American vessel, captured by
His Majesty's. Ship
,Experiment, Admiral Keeler,
during the war with the United States. The right
of capture was disputed, and the usual penal bond
was entered into for the restoration of the ship, to
which the Bankrupt, then in the West Indies, was
made a party; without his' knowledge or consent.
.The cause was tried in the Admiralty ' Court of
Antigua, and restoration was Ordered to be made to
the owners ; but this not being complied with, the
bond became forfeited, and not being immediately
satisfied-, interest , to, the amount 'of 7001. accrued
on it which sum the Petitioner now claiMed, as
the representative of her husband.
The SOLICITOR-GENERAL resisted this applica-
tion, on the grounds of cruelty and' oppression ex
ercised by the Petitioner against the unfortunate
Bankrupt. 'She was not content With the interest 'of
this bond, in. Which, in fa&, she had but a small
share; but site arrested the Bankrupt, threw 'him
into prison, and there kept hint upwards' of two
years ; and although every application and propoS:d
was made to her for hii•enlargement, she constantly
declared she, would never 'release' him, until Coin-
pelled by due course of law, or until he should, ob-
tain his certificate.' The Learned Counsel felt; that
although he 'could not well objet to the dividencfs
being paid, yet he hoped his Lordship Would not
permit the Petitioner to receive 'it, :particularly as
other'persons besides herself claimed an interest in
the bond in gnestiOn.:
The 'Jilin CriANdELLou thought that the ends of
1 justice, would be 'best. answered, by directing