The Sun.
London, England, 1830-12-13 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, DKc.
DAM V. SIR W. BRISCOE, BART.

This %vas an action brought to rucover for good.
sold ►►nd delivered to the wife of the defendant.

The ATTiMINEV.GENEUAL stated the plaintiff's
case, fiom which it appeared that the defendant's
wife, being separated from hire resided in Alha ny -
street, Regent's Pink, which neighbourhood the
plaintiff carries on the trade of a corn-chandler.
- Josiah Gregory—l was shopman to plaintiff in
1829 and 1830 ; I know Lady Briscoe, and re-
member goods being furnished to her; the pas—
book is chiefly in my handwriting; I should think
what I put down amounted to about 401. or 504
Lady Briscoe need to come to the shop, but I don't
think I ever saw her there without her sons with her.

Mrs. Ann Sedgrave—l was a servant in thede-
feridant's family in 1808, as nurse; he was living at
Crofton-hall, in Cumberland; I left his service in
1809 or 18W; there was a servant of the name of
Sarah Blanchard there ; she was lady's maid to
Lady Briscoe, and came there the February idler me;
I came up to •Loudon with the family ; they lived
in Witnpolc-street ; I remember Lady Briscoe going
nut one day ; I went up stairs fora handkerchief to
the nursery : both dome were fast, as was that of
Lady Briscoe's bed-room ; I looked through the
keyhole, an Auw the defendant and Blanchard to-
gether in the room (witness here described the aims-
non, which was quite sufficient to prove the inti-
macy that had taken place between them) ; another
time 1 went suddenly into Blanchard's room, and
found her and the Baronet there behind the door ;
I have tumid the Baronet tell her Ladyship that he
was going to the stable to look after the horses, end
instead of doing so, go into Blanchard's bed-room ;
1 have heard Lady Briscoe crying out for her life ;
1 met her once on the stairs covered with blood on
her mouth, and she complained of her hu.band's
treatment ; she was frequently in the habit of shed-
ding tears ; this was about three weeks before she
was brought to bed of her second son ; the de-
fendant's general behaviour to his wife was very
cruel indeed ; a little time (trier she was brought to
bed of that child, I saw marks again on her face,
and briiiies4 one night, when her Ladyship wa%
going to sleep with me, Sir W. came and dragged
her out by the hair of her head; I don't think
that she was always fully supplied with. victuals ;
have known her locked up in rootns,and get nothing
to eat.

• ArabeWs Newman—l lived as nurse in defendant's
family for about three months, It was in NI
Defendant behaved very ill to his lady during that
time. Sir W. has come at night to my roam, and
wished to be admitted when I vras in bed with the
children. Has asked her Ladyship before me why
she did not come to his bed, and she said that his
state of health was not such us to permit her to
do so.

Mr. William Little—l was defendant's steward
for some time—(A, letter wits here_, read from Sir
W. Briscoe to his iudy, dated IlthCember,'lBl:3,
expressing hi, sorrow that he had suffered himself
to beirritated to strike her, and entreating her to re-
turn to him, and come withoulupbraiding him. A
second letter, bearing the same date, from the de-
fendant to Mr.i Ladbroke, complaining of his nerves,
and deploring that his Jetty did ,not work on his
heart instead of his nerves, and entreating him to
intercede, so that on his coming to town he might
4nti his wife at home to receive him.) I know Mrs;
Stow, she lived at Crofton Hall, and was supposed
to, be the housekeeper; when I was first there she
had her meals with me. This was afterwards al-
tered, end she took her meals with the defendant,
sitting at the heed of the table. I have seen them
both of a morning looking out of the window of
Sir W.'s bed.room with their night..clothes on , • the
Baronet hes:told me that 1 was to obey her orders,
whatever they were, and he would back her through
thick and thin, iere were several children, who
tailed Mrs. Stow, mother, and Sir W. Briscoe fa.
titer. Sir-W. Brisooes'esnitoo, in Cumberland pro-

duce 6,0001. a year. He has other property, but I
was not steward to that, and therefore cannot say
the amount.

Ann Ching, another servant at Crofton Hall,
knew Mrs. Stow, and oh going into the Baronet's
bedroom to light the fire has seen them in bed to-
gether. She heard Sir W. say that he understood
his eldest son was coming down to Crofton Hall,
and that if he came there she was to shut the door
in his face. Mr. Robert Briscoe came shortly after,
and he was never adtnitted further than the hall.

Mr. Serjeant WiLiA said that however bad Sir
W. Briscoe's conduct might have been, be was not
yet so abandoned as to desire to expose the dis-
graceful 'conduct of his wife. With respect to the
female testithoity of peeping through the key-hole,
he should leave that to the Jury's consideration—
though, no doubt, scenes of impropriety and immo-
rality had taken place at Crofton hull. But with
respect to the violence pretended to be exercised by
the defendant towards his wire, it was impossible to
believe that the evidence had not been exaggerated.
The Jury had heard that this case had been in Doc-
tors'Commonsthat Lady Briscoe had taken it there;
and yet she was still Lady Briscoe—his wife to all
intents and purposes, as was evident from the very
form of this action. Let him then ask, what butt
her Ladyship's own conduct should have still kept
her in that character ? On her marriage a sum of
money was settled upon her ; and since her separa-
tion she had Leen receiving the interest of that
money, to the amount of 2001. a year. He should
show that since that time she had been living with
one man after another; and the law was clear, that
if she became an adultress, from that time she
ceased to have any charge upon her husband.
Mary Quinian—l remember Ludy Briscoe living
in Tunbridge-street, in 1827; there was a person
of the name of Wylie, who used to be with her fre-
quently ; when she removed from Tunbridge-street
she went to Lisson-grove ; Wylie went with her,
and at Lisson-grove they lived together as man and
wife, going by the name of Mr. and Mrs. Wylie ;
after she lift Lisson.grove she went to live at Al-
batty-street ; Mr. and Mrs. Wylie used to sleep in
the front room, second floor; I and my husband
slept on the third floor ; Mr. Wylie bought a brown
horse, and used to ride it ; it sometimes went in a
phaeton ; I remember Lady Briscoe living in the
Kent-road ; there was then a Mr. Wimmington
who used to come backwards and forwards; I have
seen Mr. Richmond in George-street, Hampstead-
road, when Lady Briscoe lived there ; Mrs. West
kept that house, and Lady Briscoe went by the
mime of Mrs. Richmond ; Richmond was a clerk at
Bow-street.

Patrick Quinlan, the husband of the last witness,
corroborated the evidence of his wife.

Cross-estmined—lie knew Mr. Wylie very well;
he was a good fellow, and kept Lady IbiFcoe now ;
the Learned Setjeant might keep her if he would ;
he also knew Mr. Richmond ; he was a capital fel-
low, and many a pot of porter had the witness taken
with him ; witness had formerly been a gentleman's
gentleman—now he was a gentleman himself, and
independent ; he was living on his means—his little
savings—and had been independent these eighteen
years, hut he spent all his property seven-and-thirty
years ago.

The LORD CHIEF JUSTICE summed up the case,
and told the Jury that the law quite determined
that in the event of a wife, separated from her hus-
band on any grounds whatever, forming a connec-
tion with another man, the husband wal not liable
for the debts she should incur.

The Jury re►ired, and, niter an absence of three-
quart era of au hour, found a verdiet.for the defendant.

POLICE INTELLIGENCE.

GUILIMIA LL.

On Suturdaf a respectably-dressed middle-nged
man, who had given his name at the watch-house
Samuel Fmd,was brought before Sir Pwritu LAURIE
on a charge of stealing six black silk handkerchiefs
from the shop of Mr. Bradley, a linen-draper in
New.gate-street.

The prisoner went into the shop, and desired to
look at some handkerchiefs, which were in the
window. Three of them were shown him, and on
his desiring to look at some of a different quality,
three of those were also put before him, when he
immediately took the whole six oil the counter, and
coolly saying " These will do very well," walked
out of the shop with them ; but witness imme-
diately followed and brought him back.
The prisoner was for many years clerk to a mer-
chant in the country, and left his situation about ten
weeks ago, during which time he had supported
birri.elf partly on a few pounds he had saved, and
partly by selling his things. Ile must decline enter-
ing more into particulars, and when the Alderman
told him he must answer the question, lie said if
that was the case, it would be necessary to place
him on the rack. lie admitted that he had taken
the handkerchiefs, because he wished to be sent out
of the country. lie was remanded until Tuesday.

MARLBOUOUOILSTREET.
11 ELIO C ONTROVERST.—On Saturday, after
the business of the dice was finished, a female of
the most respectable appearance, whore name we
understood to be Preston, applied to Mr. CONANT
for assistance, under the following circumstances
As the lady advanced to the table, she stated that
she wanted protection against the violence of her
husband—on which a gentleman of a very military
appearance rose from one of the seats, tad said he
was the husband of the complainant.
A rs. Preston, on being desired to state her com-
plaint, informed the Magistrate that she and her
children were in danger of their lives from the vio-
lence of the defendant. lie had been out of iown,
and had only returned in the course of Saturday.
The instant he had entered his house he sent up
one of the children to bring down a gun, for the
purpose of beating out her brains. She was under
the necessity of locking herself in the room for pro-
tection. Finding he could not get the gun, lie
then asked for a dirk, which he swore he would
plunge into her heart ;—end, had it not been for
the interference of the new police, she had no doubt
that the most dreadful results would have followed.
The defendant, who appeared to labour under
considerable irritability Of temper several times,
while his wife was stating her fears' interrupted her
by observations which only tended to widen the
breach between them.

Mr. CONANT—If you are fearful that he will
carry his threats into effect you must be sworn, and
then I shall be able to render you some assistance ?
Defendant—lf you swear her, let it be on the Cron,
otherwise she will not mind an oath.

Mr. CONANT—You have been here before, and,
if I recollect, the differences between you arose from
maintaining contrary religious opinions. Defendant
—That is exactly the case. My wife is a Roman
Catholic, and 1 am a Protestant.

The complainant denied that religion had any
thing to do with the present quarrel.
Mr. CoNasm.--I recollect that your religious
tenets were mentioned as the cause of all your un-
happiness on the former occasion? Defendant--
She is a bad women, having refused to let me into
my own house. Upon the accounts arriving in
London that disturbances had broken out in hemp-
shire, I went down to protect my property, rind next
week I shall be on the Bench with the Special
Cotnmission at Winchester, but I wish to know
whether I am to be prevented from entering into
my own house, after having done so much service
towards my King end country. During the tehel.
lion in Ireland I did the most important services to
the Gomm, or, and for that I have a pension,
while the dirk which that woman has taken from
me was my sole protector there, as welt as in other
parts of the world.
Mr. Plank, the chief officer---you have heard
your wife state that she is afraid that . you will do
some mischief with the dirk ; will you consent to
leave it with the Magistrate for the present ? De-
fendant—Most certainly. Ort which the complain-
ant banded to Mr. Conant a large dirk, which she
bad secreted- beneath her cloak.

The defendant, on seeing hie favourite dirk, burst

into a passionate exclamation upon its loss, having
repeatedly saved his life by using it.
Mr. CONAN't again asked the complainant if she
intended to swear that her life was in danger ?
" I will not swear at all," replied the wife, " but
I shall be killed, and you will then regret that you
did not protect me !" and, having said this, she
rushed out of the office, and shortly after she was
followed by her husband.

ELECTION BY BALLOT.
(From the Nott I?evietr.)
Of all questions connected with Reform, none
have made so much progress in so short a time as
the Ballot ; this indeed, with sensible men, appears
the sine qua non; without this, all other measures
of Reform will be fallacious and inoperative, but
this will secure that freedom of election which is
so desirable in all Countries where there is a shadow
of liberty, btu more especially in a country like Eng-
land, where the power of money and influence has
so long reigned with unopposed sway ;—the ballot
alone can oppose this power effectually, and render
elections in their result what they ought to be, the
clear expression of the people's will.
No persons have done half so much for the ballot,
as the Duke of Newcastle, Earl Grosvenor, and those
other Peers, who have served notices to quit on
their tenantry, for their open votes at the last elec-
tion, and yet the Duke, in his strange attack on Sir
T. Denman, in the House of Lords, on Friday
night," claimed the benefit of independence for him-
self, and therefore would allow it to others." What
must his tenantry think of such a monstrous asser-
tion! Independence indeed 1 yes, but is it not
punished in all those of his tenantry who asserted it.
by ejectment from their dwellings? " Ile would
do to others as he wished to be done unto
himself! What would the Duke of Newcastle
say, if, taking him at his word, the King's Ministers
should give him notice to quit all the Crown Lands,
on the ground of his voting against Ministers ?
and yet, would this not be equal justice ?—would
this not be treating him as he has treated his te-
nantry?—would this nut be treating him as he has
done to others ?—and what right would such a noble-
ma i have to comphain ? The Duke afterwards in-
troduced the question of ballot, which he said he
hoped would be scouted by all men. And %%hy ?
because it would take from him the odious power
which he claims, of doing what he will with his
own; in other words, it would take from him his
power over the borough of Newark, where the po-
pular feeling, if uncontrolled by his influence, would
at once elect honest and independent men to repre-
sent them in Parliament, and refuse to be any longer
saddled with any nominee which the Lord of Clum-
ber sent amongst them. The chief objection to the
ballot urged by the Duke was, that "it would be
disgraceful to the country; now an Englishman
fought openly, spoke openly, and acted openly." The
Duke should have added, and was ruined for so
doing. But us this is an argument used by some
whom we much respect, we will answer it; yet not
in our own words, but in much better than any we
eats use, from the able article in the Westminster
Review, to which we have more than once directed
the attention of our readers:—
" Among the opponents of the ballot in Parliament are
some who cannot so much be said to argue, as to groan,
and use inarticulate cries against it. Of this kind are
those who say, they hope that they shall not live to wit-
ness the time, when Englishmen shall not have the spirit
to deliver their vote in the face of day. It would be
as honest, and about as wise, to say, they hope not to live
to witness the time when every Englishman shall not have
his carriage and pair. If they were to say, which would
be the only thing to the purpose, that they hoped not to
live to see the day when an Englishman would not go to
the hustings, and fearlessly vote for the man of his choke,
without regard to the dictation of any person upon earth ;
the falsehood of the prt text would be too glaring to be
successful, even in a country where as much is done by
hypocrisy as in England. It is matter of fact, notorious
end undisputed, that a great majority of those who vote
for Members of Parliament in England, proceed to the
hustings under the influence of what they either hope to
receive, or dread to suffer, and prostitute themselves in
the most infamous manner, by voting not according to the
dictates of their own minds, but like crouching slaves, at
the will of another. Are these the circumstances in which
votes are commonly given in England, and are men found
who say they hope not to live to see the day when English-
men will be afraid to vote openly? Patience would be
found to heir them in no assembly, we think, upon earth,
but one ci inposed of the very men who suborn such votes.
Courage to vote as Englishmen vote, at the command of
those by whom they are bought, or driven, is the courage
of the slave, when lie lends his body to the lash. Are
there men, who pretend a horror at the prospect of parting
with this, and receiving in exchange for it the protection
of secrecy, because secrecy would degrade the people?
" A wish for elevating the minds of the people is an
admirable wish, and the profession of it is truly a pretty
profession; but the true dimmer of the profession is
known by the character of the things which follow. Is
the wish not to see Englishmen vote secretly, a wish that
Enhlishmen should have sufficient independence of mind
to vote as they please though all the world should know
in what manner they vote ! We also entertain that wish
most fervently. We have another strong wish ; that all
Englishmen were above being paupers. We apprehend,
howiver, it would little answer any good purpose for us to
use the formula of those who level their wishes against the
ballot, and say, they hope not to live to see the day when
Englishmen will live upon charity. Poverty makes the
people of England willing to live on charity. Dependent
circumstances makes them willing to prostitute their
voice. Your choice lies between prostitute ♦oting and
secret voting. There is the deepest degradation in prosti-
tute voting. Not only is there no degradation in secret
voting, but it saves from all the degradation inseparable
from prostitute voting ; all men, therefor, who deprecate
the degradation of the people, not with hypocrisy, but in
eat nest, are of course the ad►ocates of the ballot.

" But on what authority, we shall be asked, do we
make the apertion, that there is no degradation in secret
voting? On the authority, we reply of those very men
who may there is. What ! do the seine men, who
say that secret voting is degrading, say also that it is
not degrading ? They do ; as you, and as they, and
as all men, are perfectly aware. You see them con-
stantly practising the ballot, and introducing the use of
ballot without a thoueht of self-degradation, wherever it is
really their wish that the vote should be protected from
external influence. In order to protect themselves
from the trifling inconvenience of displeasing somebody,
by black-balling an impropvr candidate for admission into
a club, they themselves take the benefit of secret voting. Can
there he a snore perfect proof that they do not regard it as
degrading? Can there be a more perfect proof that when they
refuse to the honest voter fur a Member of Parliament the
same protection against far more serious consequences, on the
pretence that it is degrading, they are not sincere? Ob-
serve, too, the difference of the ends. That improper
member, may not be admitted into a club, the secret voting
is needful in the one case. That improper members may
not be admitted into the Legislature, it is needful in the
other. Do you dare to say, that the use of it is not de-
grading in the former of these two casts, that it is degrad•
ing in the latter ? 'That the end sanctifies the means in
the former case, not in the latter ?

I cannot abide muffling up,'" says one Honourable
Gentleman ; and by such an appeal to sentimentality,
manfully proposes to decide one of the most important outs.
Cons of legislation. If a groat end is to be obtained by
muffling up ? The nature of the pretext is so manifest,
that it would seem not to be worth exposing ; and yet
there are persons for whose Like it may he proper to at-
tract a little attention to it. If there were any argument
in these woods, it would rest upon this, that all secrecy is
b.ol. If some .ecrecy is good, the man who says he does
not like it, renders us one good service; he gives us full
warning against taking him' for tr gnide. Every body
knows, this Honourable Gentleman knows, that, in itself,
secrecy is neither good nor bail. It is good, when it is
the means to a good end ; bad, when it is the means
to a bad end. It is not hese in the General, it is
meritorious, to " muffle up" his designs from the
enemy. The more perfectly be can, by conceahnent, atra-
tagern, dissimulation, guile, delude their expectation, the
more be is admired. It is not base in negociation for the
st,itesrnin to conceal with the utmost sire the extent of
the concessions he would make, rather than fail in the at-
tainment of his object. Every government makes a point
of concealing such a part of its proceedings, and, as far as
I' mssible such particulars in the national affaire as it would
be detrimental to the nation to let other nations know.
If it be detrimental to the nation,
_ that the mode should
be known in Which a man give' his vote for a; Member of
Parliament; that also, for the same reason, ought most as-
,mredly to be kept frock being known. One is ashamed to
feel oneself obliged to contend against such puerilitiesi.