The Sun.
London, England, 1813-07-31 00:00:00

t nprt'ill'eg; to i 1?if11,11.(1),:r0reo il.itt
must tl,oty:h lic sitoald tie sorry ewtt ,
this should be euty,itlcreAl as a final (lcciioti.

COVET OF lONG'S.I3ENCII,"i

COW.T.EY P. 11.013Ell'ISor,.

This was nit action brought by the
under of Bankrupt rogai,init,a per-
son otithe wmome Lumninc who had been a slop,.
seller St. Allry's hilt, to recover from Wm. Ro-
bertson, and Marv, lik.wife, Gtllll of 4 WI. being*
the amount of a deht due by thedeiendaot, Mary,
to' t 1 estate of the bankrupt; previous to her war-
,
riage With her present husband.
The bankruptcy of Ltinim, and also the exist-
ence of_ the debt to hi;.; estate by the defendant
Mary, under the name of Mary Wiley wewke clearly
proved.
In defence, however, it was argued. by
that the deronchmt, Win. Robertson. could not be
to the. present demand, n.ittliew
'Gilley, the first btriband of Mary Gilley, having
been alive ,at the time the debt in iplestien was
said to have been contracted. Her first husband..
.being supposed .to be dead,".she had married the
defendant Win. Robertson, but :ital. this would not
alter the state of the law, which regarded the first
husband as done ii,thlc for the debts of im‘k!
He should prove that a person of time name of •
hiatthew.Tillety
,Gilley, which mvAs the name of
..,Mary Gilley's first hol,:it:d, tie „' .;,anild be admitted'
to be no corptoon mune; was, alive two years ago
iti the island of Tortola. He should prove a let
ter having been received, three years ago,• from
this same aaithevi; Tillery Gilley, addre4sed to
Mary Gilley, whom he speaks of as bekur, his' wife;
and- he should prove the letter to be of the band-,
writing of time same. p, rson, who had been known
hi this -country as her immiOatul,;:
TotriNo.contended thl-if such evidenee,was
not eorniulent ; hot !hilt (tofendtilltS having
_joined in, the eame plca;as itimband Itd Wife, the
finSband, Waf; 114 W stopped 'from alleging that the
other defendant was not his 'lawful wife.

Lord ELLENEORtaiGH said it was the. plaintiff
who had joined them in the relation of buSband
and wife in' hi.. deelarai iou, they only pleaded " as
tl siid Milani and the: said Mary."
The Parish Clerk 'of St. Ann's, Limehonse,
,proved the n•arriagl.: of Niat ,kt.'
I.lt parish, widower, and of Marl., Dobson, of St:
Patil's.pal'ish, Shad evell, spinster, on the 24th
Dec'ernher, 1701.
Eiiz. Dobson, sister to -INlary, proved that ahe
was present at her Sister's marriage with M,.
Gilley. lie went abroad the last time about
the year 1801. The witness was acquainted wit
his, hand-Writing,. and the letter. now sliewn to`ht
is in hi hand-writing. Betore the'receipt of that,
letter, which the witness had seen before, about
three or four years Ago, she' had teason to sop-
pose that Mattben, Tillery Gilley was dead, and in •
the year ISOS, his wife went into monriting for
him. The witness we 'also present, at the mar-
riage of Mary Gillery with Captain Robertsbn, in
July 1808.
Mr. Altaiverty istated,that he had been twenty
years in the West Indies. Th the year 180(i he
became aetpusinted with Mathew Tilletne
fiv was chief mate of a vessel railed 'lie tirton,
-firmed about that time a TOll6llf,T.llrtel
having been captured, had her rigging cut,' and
being afterwards 'restored.. The witness ha seen
nithew Tillery Gillery write ..often, and had no
doubt that the letter now. shewn hitt) was lii4,llAnd
writing. He used to live principally with a-Cap-
tain Florinvan, and sailed in or onepast-
ed vessel from Tortola to St. Tinuntts's or Aril
wide. Captain Plorinvin was in England anr,ut
four years, ago. The witness saw said M. T. Gil-
ICY, !he last tittle, in tlic.;;Tar 1811. •
The letter Was'then put in and read. It was
signecl by M. Gilley, addrei4ed ,to
Mil, y" Shotti.ll; per fiivintr Of Capt.,Ftori-
lIIRII was dated 19th May, ti 1309, and was filled
with acknowledgements of his own uriseo:;thwt,
inked with upbraiding.. at her having
and di:4014.7d hint, and neglected to,.answer
lettes.

ThiT letter, lir. Park' said, her frietii,li had
thooght it be 4t not to coolnionicat,: to the %rife
of ttie tmfdrtiltiate Irmo, ..iii: rhiving before the
rrecipt of It beef married to the delend,tut Ito-
bertemo.

DE. J. Coaktqfy Lettstihi, on his sole'nm .affatna.
tion, declared 'that he knew Czotain Floriman ;
th,-!' be reme!abe emo red his ing to Engla,wl, about,
fou•r years and that be was in this country
dining the ntontbs of July, August,' and Septetn-
b,:r, 1800.
Mr. TorrtNo said 'be believed there were not
two Matthew Tillery Gilley-3. iiis client would
therefore conaent to be uonitiited,

LOlll lit,LeNdintWiGil said he believed sneb .a
combination of names had never before Oct raced,
and never would occur again.

The plaintiff WaS uteorifillOy nrinsuitert,.
ANnkluso!,: v. wAT.i,ls.

This was art action on a policy of insurance on
good', on. board the ronfiance, tit and` from
to (uebec. The vessel sailed on the !kb Sept.
for Quebec, and encountered very heavy gales fur
three weeks till site was within about three or
four days sail of the Banks, of -Newfottodland.
',rite ship was then making ahout four artti a half
fret water in an hour. lite topmast Wll3 gone,
the milk %rue all and tlt4 e,,r eater part of
tin nas carried away. Tito crew never figain
Cxpectetl to see the land, when, on. the 20th of
October, after a consultation between the Cap-
tain and the crew, it was resolved that they
should bear up for the limit port they could
make. The night after it blew heavier than
before.: they were scudding under reef and
square foresails, when the square foresail sifts
was carried overboard ; the sea was making over
them, and they expected every moment to be
swallowed up. In thissituation, artotimr vessel hav-
jog come ni,gh, they received a pilot from on board
6t Ur, who was n conveyed trout the one Vt".3Cl to
Ole otitt.r by a rope fu4ened round his middle, and
• their ship., by means of ‘vhich lte WaS
board. Through his mean:, the vessel
!rt into Kinsale in Ireland, in And' a con-
that it %vas perfectly hap,/sSible for her to
ccd on her voyage that, .-0.:100.• The rei)airs
to I.boitt 800/. No ship could he got at
ii.iusale to _proceed with the goods to Quebec.