The Sun.
London, England, 1801-07-08 00:00:00

..-I:A* 'l..i' ioR..

COURT or KlNt'l BENCH, rtrEOLAY, IlitY 7.
SITTINGS gittAr: kENYON IN C:4l-ILDIIALL,
LONDON.,
HAtlttS 'MCi4RiS:

This %Vat an ACtion for money, laid gat and ex_
pended for the 'Defendant's use, founded on the
Plaintiff having takenin the DelendaneS Wife, and
provided her with Necesaaries,of Life, the
,Delen-
dant having- turned her out of doors; and left her
destitute; It wa "contendcd, on the part or the
Plaintiff; that the Defencrancs Wife had an Annuity
of ;Oh a year settled upon her,fOr her Separate use,
after a Cause had been heard in the Court of Chan..
eery; but that the Defendant had treated his Wife
with cruelty; because she would mot, give up her
Annuity to him. A Witness was exatiiined who
swore that she saw the Defendant push Ills Wife
Out of doors, that she said to her Husband,. " that
he was treating'her with cruelty, and she hoped he
would not turn her out," and he pushed het -off and
said, " that. It the Would not go, he would kick her
our." Upon which the 'Went away, and the Plain-
tiff took her in, and provided her with necessaries,
and it was stated, that he gave her wine rind caused
her to be put into a Warm. Bath, &c. A-Nurse said,
she had two guineas for attending her. 'She gave it
as her opinion, that two• guineas a week would be
'a reasonable allowance for the Plaintiff -.The Plain-
tiff is a Journeyman 'Taylor, as is the Defendant:
Lord KENYON observed, that this demand upon
the Defendant was an extraordinary one, it had
been laid dawn by my Loid Who only said.
that which had been the Law, ever since this
.Coane
try had been "guided by Law, " That a Husband
was bound to maintain and, support his Wife, up to
the extent of his ability; bat, not further ; to sup_
port his-Wife, not forgetting that he must be Maine
tained himself." He is not to maintain. her mid to
contra Debt's Tor that purpose,, So. as to subjatt him-
self to he Sent to gaol. It it he iMpossible for him
to support her in bet illness or any othet distress,
the Law of God and Humanity, called mi. the Pub:
lie to support such a person: but it, was deer that,
great as the obligation was' on a Man to 'Support
his Wife, he was not obliged to contrad, Debts for
that purpose, so as to endanger his going himself to
gaol. He is bound to help her in a manner adequate
to her Wants if he is able, -but-if he is not,to; she
must resort to the hUmanity of the Public, the' gene;
rosity of which was manifested" by the ntiniber of
Hospitals, Public Buildings, and Subscriptions of
. various kinds, for the alleviation of human Misery,
that were supplied continually in this Country,_and
which exceeded that of any other Age Country
'hitherto. known to this Wnrld. To some Of these
sources of relief, a Wife, whose HUsband could not
support her, as in this Case, :Most resort. His
Lordship said this, under the idea that the Wife;., in
this ease; had not mikondueted beraelf in such a
manner AS to have forfeited her right to the protee's
tion of her Husband ; for there might be a species
of misconduCt which did ndt create such forfeiture;
There was another species of rniscondUa Which
would create it. His -Lordship said; he was at-a
lost tb see how much; beyond this iiil. a year; a
Journeys; an Taylor ought to be called upon to al-
low his Wife by way of separate .maintenanee. -
Mr: Eisitisak. said; he could not, dispute the Law
as it had been laid down by my Lord, which-WaS
not different from that which had been laid down by
my Lord. MANS!, I E I. D ; the substance of which was,
that when a Man turns hiS Wife out of -doors;
without adequate cause, the Creditors of the Wife •
shall stand in the same situation as that of the Wife
herself, in their demaridt taidn the Husband for the
necessaries of life for the Wife; that is, that he Must
pay them for famishing her with every thing that
was necessary for her up to the extent Of tha Hus-
band's ability; in the same manner at she might re-
cover Alimony; He did not mean' to say that the
Plaintiff in this Ad-ion-could recover. the two gui-
, neas a week; because that Was beyond his ability ;
but the Defendant had himself confessed his_ ability
to alloW to the wife three shillings a Week beyond
this lot: tu-year: He therefore submitted that the ,
Plaintiff could recover to the extent of three shil.:
lings a week for the Nec6s§Aties With which the
Defendant's wife was furnished: It then appeared
that the Defendant's Attorney, by his Cliento di-
reCliOn; had iviitten to the Plaintiff a letter, Offering
to allow the, wife three shillings a week ; but it was
riot accepted:. . .
Its then appeared in evidence, that" the Defendant's
wife had been long addicted to drinking, taking,
glasies.Of brandy in the, tnorning in bed : that she
had,pawned.almost everything he had in the world,
ran him in debt, and also committed adultery, and
lived with another person; ,and said, " sh'e would
never return to her husband:" That' she 'said to
one Witness, " that she Went alit Of the befendant'S
house of her own acord." It appeared also; that
the Defendant's wife had been separated from hint
before, and that on atedmit cz most shalneful Miss
cOndud .that she had been taken in at the Magda-
len; but diSchated on its being, discovered that" she
Was not •a fit ObiCa of that Charity :-.--that in con-
sideration of: her' apparent Contrition, and faithful
pibmise tei behave well in future; her htisband took
her back agaiis,-bat she returned to her old Pradices,
and Made it impossible for file befendant 40 live any
longer With her; They, therefore Separated; and
the Defendant cautioned all: whO 'knew' het f.tan
trusting her on his account; by Advettisenient:
It was contender?, On the:pair of thz.i
that whatever might have been the Miseondtia o'r'
this unhappy woman (and it was admitted that no..
thing could be worsefryet
.his taking her back
again; ptit an end to all kis objedions tb-her t4rner.
part of life, and that he mast be as much account_
able for necessaries prdvided :for her; as if.he had
had no previous complaint against her:. That he
Could itteee nothing agairiSt het, except that Which
had taken place since he took het hack, (for it. was
deaf; after AdUlteri; the husband taking her back
again, would restore her to-het right to dower), and
therefore; as there was no proof ;(althea" there was
march suspicion) of her having since committed Adul-
terya the Defendant liras not abaolved of his dtity to
support her with necessaries: • .
Lnrd-Ktatvist said; tht the evidence,- in this
case, must give pain. to every .one Who' heard
The demand of the Plaintiff; as
,appeared bry hiS' Bill
h dfF.attittaatsi wat idis. for fofii iribt#tha rte.

. .
..•
ceswites-Tor. th4t7).44k 441-10. «i fe was
living ip:a.state of Adultery, Or.was not gone by
force frOni her husband, bcydnd'all doebt the hits_
band was riot answerable for- any debts Of her eci;:.
trading. grit: such was the consequence of the
husband's receiving her again, that he ire Stored her
td all the rights she had bele're- tht: separation ; and
.altitotigh he would not be liable for what she had
while liriiig in Adultery; yet tkei-e Was- a Claim
Upon 'the Defenslant, the jury
thought he ought to Oy it, which was ij guineas
and a half. The L-::,'..l;;:int was; whether she Went
voluntarily, .or was foted out of the Defendant's
house ? Upon which there NV:ts sonie variety of eel.:
deuce ; one Witness having 'said; that the ,
band. said, " if she Would not gO, he %;.',:Kild
her Out." • Another, that she,had said; "she had
voluntarily gone our herself, and did kit chuse to
turn." The.. concision of Law was fairlsi drdwu
If the Defendant's wife .Was away
band ag-arose his. Consent; he Was not bound to
rain her ; but' if he turned her Out by force, and
she was net living in an adulterous course, he; the
hicsband, most be taken to have turned out 'along
with her, credit to support her with the necessaries
of life, so that it. did not go beyond his ability ;
and
.then the question would be, ".Whether the
Defendant's ability could he said ta.eitend beyond
this ro!. it-year? Or,. Whether ibis 101. might
not be considered sas'being Whether
any thing was to 'be acaed to, that sum; li7otild'ir:
for the Jury to dett.nanint. The letter of the De.
fendant's Attorney
.'was very properly pressed on
the part'of the Plaintiff in support. of her Case; since
it niust be takti to his'e been Written under his aa-
thority. By' this it Might be supposed that the
Pefendant was able; 'as well as Willing to allow-
these three shillings a week. He was' not sure,
however, his Lord Ship said, that such a conclusion
was inevitable, for in.tny instances occurred in
which a mail Might make something of an •offer,
might have no hOpe of being able to fulfil.
A man inight.have a debt Outstanding and demands
against WhiCh. he had nO reasonable hopes
4-beitt Able to pay, and ye.t; under .sortie
stances; he Might tindertle • to do so 'untie; the
pressure of circuinStanees: This Defendatiti.a Jour
neynian Taylor, c.o.oldficit look, With.ny hope, to
the.pOssibility of being phi& to pay this debt of i5l.
or guineas, and 4:•oritinue it at that rate ; for it
was. the charge of only tt feW manthS.. His Lord.;
ship was therefor'e'nor sure that the 'Jury Would say.
th:it this Defendant ought to pay these' three•shil.
lings a week. Besides, an offer fa pay a summoney
in order, to get of a dispute; proved nothing: ,
Why did not the other side take the money
they would not take the'rnotiey when it.‘ifasatfered, •
hut brOlight their. Aetion to take the chance of get::
ring More; and finding that Chnice desperate;' they.
foi the peilbrrharice of that.ofFerl but it
should understood; that an offer; Unless it be ic4,
eepted, shall not bind a nian to any thing:. As to. the
AdvertiseMent of the Defendant; Sititting; • that he
would not pay. any debts cantraaed by his wife; that
of itself would not be SilificientolOr .Wd.tild it; at any
tittle, be sufficient, even ithe had gone and given
personal notice to every one who kite* her; that he
wOuld.. not be ariswerabk for any debts Whi'ch she
Might
,ccintrad,* to. take away his liability to pay
ion necessaries for her; up tv the extant of his
ty, .provided she *did' not go away of her own ac-
cor&-, nor bye iira State of ALitery' As
.to the
general Misconchid of the Defendant's wife; it was
Certainly'very‘glari:7), but his taking her home a
Second -dine; took away his right of objettion td it
in this adion ; and all thk'he objet to leer;
mast be confined to her :condiia Since that period;
Certainly; 'Whatever jealousy might-be felt; there
Was no proof of. her Adultery since the Second se:.
paratiOn. The Jury; as men of the world; Wotild
judge Of the whole case, and consider, Whether this
journeyinin Tayldr should allow this unhappy and
worthless wothan Mare than tel. a year: :Upon the
whdle of the case, they would judge, and his Lord-
§hip. was assured; -their verdier would do justice
tween the parties.

The Jury were going id deliberate, 'but it Was
agreed to save them the trouble of deciding upon
verdid. A juror was Ivithdrawil, by which each
',arty h(ve to ray his own eosts:,