The Sun.
London, England, 1836-01-15 00:00:00

HALE V. ASTED AND PEARSON.

In this case the testatrix, Mrs. Fanny Newsome, died on
the 14th of December, 1833, leaving two sisters, a Mrs.
Smith and a Mrs. Hinton, both, as well as the deceased,
being of a very advanced acre. After the death of the
testatrix, a regularly executed will, dated 26th of March,
1832, together with a codicil, were found, and likewise a
draft-will, or instructions. The executors to the will of
March, 1832, who were likewise the executors under the
draft, intended to take probate of that of 1832, but it being
found to refer to some other papers, in accordance with the
usual practice, search was directed to be made ; several
testamentary papers were discovered ; the opinion of Coun-
sel was taken in what manner the probate should be exe-
cuted ; and that opinion recommended that all the papers
should be submitted to the judgment of the Court. Dr.
LUSHINGTON was heard for the executors, and went into
the affidavits at considerable length ; and Dr. ADDAMS was
in part heard on the other side.

INSOLVENT COURT-THURSDAY

THE REV. MR. NEALE'S CASE.

The Rev. Edward Pole Neale, sued as Edward Pole
Neale, clerk, the late curate of West Hackney, came up
this morning to be heard on his petition from the Fleet
prison, praying to Le discharged. He was opposed by Mr.
ROEBUCK, M.P., on the part of the Rev. Edward Birch
(son of Alderman Birch), Rector of West Hackney, for the
damages and costs in an action for criminal conversation.
The application of the insolvent was supported by Mr.
CooaE (with whom was Mr. WoopaoFFE).
The case created intense interest. The Court was crowded
to repletion.
The schedule filed by the insolvent for inspection con-
tains eight creditors, whose debts -are stated at 8661. He
alleges he had not received consideration for nearly 600/.,
and in that sum 412/. 55., the damages and costs awarded
in the action at the instance of the Rev. Mr. Birch, are in-
cluded. Mr. John Preston Neale, his father, is a creditor
to a somewhat considerable amount. In juxta-position to
the claim of Mr. Birch, the insolvent in his schedule has
inserted a statement to the effect that lie admits the sum of
4121. 55., being 2001. damages, and the remainder for costs
in the action for criminal conversation, of which offence he
solemnly declares his innocence, and he attributes his insol-
vency to the verdict of the Jury passing against him. The
opposition in this case was grounded under the 49th section
of 7th Geo. IV.
Mr. ROEBUCK appeared for Mr. Birch, in this peculiar
and extraordinary case. He should merely put in the
record.
Mr. Charles John Tuteel was then called by the Learned
Counsel. He was Clerk of the Judgments of the Court
of Common Pleas,.and produced the record of the action,
in which Edward Birch, clerk, was plaintiff, and Edward
Pote Neale, clerk, defendant. The declaration, dated the
12th of January, 1835, was for criminal conversation with
Mary Ann, the wife of the plaintiff. The plea was. " Not
Guilty." The damages were laid, he said, at 2,0001. The
action was tried before the Lord Chief Justice at West-
minster, in June last. The Jury gave 200/. damages, and
the costs had been taxed at 212/. ss. Mr. Tuteel was not
cross-examined. There was no other evidence offered.
Mr. ROEBUCK rose to address the' Court. He said that
was the debt on which his client came before the Court, in
doing which he was not actuated by any spirit of revenge
against the unfortunate insolvent, for unfortunate it un-
doubtedly was to be charged with the crime of which he
was' found guilty ; nor was he influenced by any other feel-
ing save that of vindicating public justice, which had in his
person been outraged. It was with pain he addressed the
Court in this case. The insolvent had been brought up as
a gentleman, had mixed frOm his station with gentlemen,
and he presumed still possessed the feelings of a geFtlemaii.
He was a member of the Church of England—was a mi-
nister of the Gospel. The party aggrieved was also a
minister of the Gospel, and had been his intimate friend ;
he had stood in the situation of his rector.
Mr. COOKE interposed. He said there was no proof of
the situation in which the parties had stood.
Mr. Commissioner HARRIS observed that, by the record,
they appeared as " clerks."
Mr. ROEBUCK proceeded. They were both
.Ministers of
the Gospel, and the insolvent being a Minister had been
convicted of criminal conversation with the wife of another
Minister of the Gospel. The Court would perceive by
looking to the schedule that he had stated he was not
guilty, and ho was prepared to swear to that statement.
He (Mr. Roebuck) came forward on the part of his injured
client to have that statement expunged. The Court would
look to the damages ; would look to the situation -of the
insolvent ; the high station he had held ; the amount of
damages sustained ; they were of that amount that he had
been compelled to present his insolvency ; he was a poor
man, and had proved it by his appearance in this Court.
Though apparently the sum was small, yet the Jury in
awarding 200/. were right in considering the insolvent a
poor man. They considered him to be so, and the Court
would, in apportioning the measure of punishment, appor-
tion the very highest degree to which they could, under the
particular section of the Act, be enabled to go. He (Mr.
Roebuck) would be performing an unworthy office if he
were to run over the schedule to show the incapacity of
the insolvent to pay the sum given by the Jury. So
great had been the opinion of the Jury of his guilt
that they had awarded an amount of damages which
compelled him to come to this Court. Whom were

the damages against ? A Minister of the Gospel, whose
duty it was to teach the people their eternal welfare.
He had been proved guilty of a crime, and yet had
the unparalleled effrontery to insert in his schedule, to
which he was to swear, a statement solemnly asseverating
his innocence. Was that not an aggravation of the offence
he had committed ? Was not the law open to him, to
have taken another course to establish his innocence?
Could he not
.have again appealed to the law ? But he
had not done so, and his client had no course left but to
come before this Court, and ask for punishment in the
name of public justice.

. -
Mr. COOKE was heard in reply. What was this case ?
Was it not, after all, a question of pounds, shillings, and
pence ? And:so it must remain. However unpoetical the
reflection was, and derogatory to eloquence, the Court had
but one course to pursue ; the amount of damages only
could be proved, and the duty of the Court was to pro-
portion the extent of demand for that amount. His client
was prepared solemnly before God to declare that he was
an innocent man. He was innocent. He had assured
him in private he would declare his innocence on his death
bed of the charge of which he was accused, and he now
stood before men, in the presence of his God, to assert
solemnly his innocence. The laws of evidence, by which
the Courts of justice in this country were governed, were
no doubt framed on the wisest principles of human judg-
ment. Those laws might, however, in some cases lead to
results completely at variance to the principles by which
they were in general governed. There were, he was
sorry to say, feelings abroad hostile to his client. The
press of the country had tried to turn aside the course
of justice with regard to him. Was it not, then, impor-
tant that he should assert his innocence, and vindicate him-
self from the vengeance of a disappointed woman ?—for that
really was the case. Such was the case, but still they
must come back to pounds, shillings, and pence, for by
no other consideration could the Court adjudge this cart,.
The damages
had been laid at 5,000/., and only 200/.
given: was that not a circumstance for the consideration of
the Court ? There was no evidence of separation ; at all
events the woman was not living with the insolvent ; that
was not pretended. He had suffered much from his situa-
tion ;he must doubtless suffer more. It was for the Court
to say what imprisonment, or whether any, he was to suffer.
He had been some time in prison. To some a week was