The Sun.
London, England, 1836-04-16 00:00:00

CHANCERY COURT-FRIDAY

This being the grof day' of Tomfthe LORA CHANCELLOR
sat at Westminster.

BATE- V. Fotri".
This t, as d isViiiq by 041 of appeal from an order of the
Vice-Chancellor. 'l'hd 4Fa3 frlt'd f 3 fecovgr the balance
of an account due by the defleaddilf, die d cticf Of to coal-
mine at Bradley, to the plaintiffs, an tow ftit4lers. at
toarbridge. The defendant succeeded in procuring' an
cittiel for dissolving an injunction restraining him from taking
itiothority out of Court, and the plaintiff appealed. The
arguinients %We" not concluded when his Lordship rose at
half-past tfiree,

ATIO-CtiANCERY COURT, FRIDAY.

cAmliffkiiii V. MAC/CA Y•

4dy Dorothea Campbell, the wideTt, of the late General
Sir J int!!! Campbell, presezted a petition in this cause for
liberty to take he? Ittfant,cthildreof of whom she was one of
the guardians, to reside in Me math of illtrope. The ap-
plication was supported by the affidavit, and cer.licates of
several eminent physicians, as to the scrofaloas habit.; of
the children, and their present infirm state of hed/th., and
that a more genial and southerly climate than that of Eng-
land was necessary for their preservation. The petition
was opposed by the other guardians, Colonel Campbell,
Colonel Mackay, and Mr. Benbow, upon affidavits of other
medical gentlemen, that the climate of the south of
England, and especially of Brighton, was peculiarly
favourable for the health of persons afflicted with scrofulous
complaints, and that the removal of the children to another
climate in their present condition was wholly unnecessary.
In addition to this conflicting testimony, affidavits were
made as to domestic transactions between Lady Dorothea
Campbell and her husband, tending to sboOer unfitness
to be entrusted with the children in a foreign country ; and
these imputations led to explanations and denials on the
part of Lady Campbell, the effect of the whole being that
the Court has been occupied for several deys in hearing
affidavits which it afterwards appeared from His Honour's
judgment were wholly immaterial.
Mr. KNIGHT supported the petition.
Sir W. HORNE opposed its prayer.
His HONOUR now delivered judgment, and said—The
result of all I have heard is, that, in the first place, I entirely
acquit Colonel Campbell and Colonel Mackay of anything
like improper motives in their opposition, and hi regard to
Lady Campbell nothing has been stated which would lead
the Court to suppose she would not conscientiously dis-
charge her duty as mother and guardian towards her chil-
dren. lam perfectly satisfied by the evidence Miss Char-
lotte Campbell's case cannot be thought of without feelings
of great dread ; and if hers was the only case, I should
feel no difficulty in saying Lady Campbell ought to have
permission to take her abroad. With respect to the son
James more doubt is thrown by the medical testimony on
his case ; yet I cannot but myself think that something
ought to be done with regard to him. As to Miss Louisa,
there is no representation of illness, at least nothing beyond
the general taint of bad health. Hers is described as a
nervous complaint, which, however, could not exist without
some cause. The youngest, Miss Emily, is not materially
affected by any particular illness, and the evidence, indeed,
represents her as enjoying good health. But I must say,
before I make any permanent order, I should like to see
Miss Louisa (the eldest) and Master James. With respect
to Miss Charlotte, upon the evidence I think it would be
running too much risk in respect of her life and present
feelings of actual sickness, to make any unnecessary delay
in removing her ; but I should wish to see Miss Louisa,
who is quite of age, 17, to speak for herself ; and the boy,
who is 14, will be able to answer the questions I shall put
to him. Let both of them attend me at any time most
convenient tcr them, when I shall see each of them alone.
Mr. KNIGHT said they would attend at his Honour's
private chamber on Tuesday morning.

KING'S BENCH.-FRIDAY.