The Sun.
London, England, 1831-05-31 00:00:00

COURT CIRCULAR.

Prince Leopold honoured the Marquis of Cleveland with hie
company at dinner on Sunday evening, at his residence in St.
James's-square. There was a select party to meet his Royal
Highness.
At her Majesty's Drawing-room on Saturday the Rey. Dr.
Dakins, Chaplain to his Royal Highness the Duk-e of Gloucester,
was presented to the Queen by Colonel Higgins.
Earl and Countess Grey lett town yesterday afternoon, on a
visit to their Majesties at the Palace at Windsor.
The French Ambassador and others of the Foreign Ministers
had a conference, on Sunday evening, with Viscount Palmerston,
at the Foreign Office. The Ministers were occupied with the
Noble Viscount upwards of two hours.
The Spanish Minister visited Viscount Palmerston yesterday
at the office of the Secretary of State for Foreign Affairs.
Viscount Melbourne continues indisposed at his residence in
South-street.
The following were omitted by the Court Newsman in the list
of persons present at the Drawing-room on Saturday :—Vice_
Admiral Sir Edward Codrington, G.C.B. ; Rear-Admiral Sir
Thomas M. Hardy, Bart., K.C.B. ; Rear-Admiral the Hon.
G. H. L. Dundas, C.B. ; Captain William Bowles, ti. N. ; Captain
P. B. Green, R.N. ; Captain 0. H. Vernon, R.N. ; Captain H. A.
Eliot, R.N. ; Commander the Hon. Francis Maude, R.N.
Commander George Evans, R.N. ; Lieutenant Augustus Lavie,
R.N. ; Sir Charles Aldis ; Mr. Samuel Skinner; Captain Skinner;
and Lieut.-Colonel Samuel Dales.

FASHIONABLE INTELLIGENCE.

LAW INTELLIGENCE-(THIS DAY).

COURT OF CHANCERY.

NOVEL AND EXTRAORDINARY APPLICATION.
Mr. WYBU RN appeared to support a petition which
prayed that the Lord Chancellor would order a Commis-
sioner, physician, or other person, to visit a certain lunatic
isylum, to inquire into the state of health of an individual
confined there, and to report the result to his Lordship.
The application was made under the Statute of the 9th
Geo. IV. sec. 39 and 42.

Sir E. SUCHEN was instructed to oppose the petition.
It was a petition not signed by any one, and he desired
to know whether Mr. Wyburn would undertake that his
client, whoever he was, would pay the costs in case the
Jpplication should be dismissed.
Mr. Wraums. said his client was a highly respectable
solicitor of Southampton, and would not hesitate to
:abide by any order the Court might think proper to make.
The LORD CHANCELLOR would without his acknow-

ledQment on the part of the Learned Counsel, have had no
difficulty in fixing and in making the mover in this matter
ply the costs, should it turn out to he a case for it.
Mr. WYBuRN then proceeded to lay his case before the
Court, avoiding stating names, hut
Sir E. SUGDEN hoped that he would feel no delicacy
in naming the various parties interested.

The Loiu CHANCELLOR—Oh, state the names, we can-

not go on with an anonymous case here in open Court.
Every thing is public here, therefore let's hear all?
Mr. WYEM:RN accordingly stated, that the petition pur-
. .

ported to be presented by Mr. John Knight, a gentleman
~f large property, belonging to Southampton, and who had
been removed about two years ago from his house to the
lunatic asylum of John Lacy and William Finch, Lammer-
stock, Southampton, and kept there ever since. Mr.
Roney, of Southampton, was the solicitor; and he (the
Learned Counsel) had to submit, that one of the grossest
contempts of Court had been committed in this case that
. .

ever ha.] lwen brought before the notice of do Keeper of
the Great Seals, because if Mr. Knight really was insane

or of unsound mind, it was the bounden duty of those
who had been instrumental in removing him to this

asylum and in keeping him there, to have applied long ago
for a commission de lunatic° inquirendo to have issued
against him, or, if he was of sound mind, to be set at large.
The Loan CHANCELLOR viewed this as a question,
whether he had any power to interfere in a case of alleged
lunacy before the issuing of a commission.
Mr. WYBURN said the present application was of a

double aspect—it prayed that a commissicn might issue,
or that his Lordship would order an investigation to be
made into the state of mind of this gentleman.
The LORD CHANCELLOR regarded the Act and the Sec-
tions referred to as relating entirely to ministerial or exe-
cutive duties, and to nothing judicial.
Mr. Wvnumi submitted a different construction of the
Statute ; and in this case a physician, who had attended
Mr. Knight for thirty years, positively and voluntarily
swore to the perfect soundness at present of Mr. Knight's
mind. The only reason alleged for the act of great out-
rage that had been committed was, that a marriage might
be prevented between Mr. Knight and a certain individual
whom he had formed an affection for.

Sir E. SuGnEN—No, no ; we have no objection to his

marrying his cook.
Mr. WYBURN-And they assign as a ground for the
alleged impropriety of the match, that she is a trouble-
some woman. --(Laughter.)

The LORD CHANCELLOR—I should think there must
be some other objection than that. If she unfortunately
happened to he an ugly woman, perhaps that might be
raised as somethinz plausible.—(Laughter.)
Mr. WYBURN-No, my Lord, nothing but that she is
troublesome to every body.
The LORD CHANCELLOIL-0 ! well, if she is trouble-
some to every body, I have very little doubt that she
would he troublesome to her husband, poor mart.
Mr. WYBURN-This gentleman arose from a very
. _

humble origin, and having amassed a very considerable
fortune he went to reside at Southampton, to enjoy his
property and amuse himself in gardening, which he was
very fond of. Being a bachelor, and between 50 and 60
years of age, he happened to become acquainted with a
very respectable and worthy housekeeper, in the service of
the family of the adjoining house to his property. The
acquaintance began by conversation over the party garden-
wall.

Sir E. SUGDEN—Wasit by moonlight
.:1—(Laughter.

Mr. WranaN—lndeed I don't know whether the moon
or sun was shining at the time : but she was, and is, a
very respectable person—the widow of an individual who
had brou4ht up respectably a family of nine children.

Sir E. SUGDEN—I have no doubt that he was con-
siderably elevated, for it is sworn that be was a coachman.
Mr. WYBURN-Whatever be was, nobody can say any

thing injurious to the reputation of this fetna!e, who was
born a gentlewoman. Mr. Knight, from the feeling that
arose in his breast towards her, obtained permission of her
employers for her to leave their service and to enter into his.

. _
The Loan CHANCELLOR—WeII, but won't you con
fine yourself in the first instance to the question of juris-
diction ? This is an act which empowers the Chancellor,
the Lords Chief Justices of the King's Bench and Common
Pleas, and the Secretary of State, to interfere by enquiry
in a case, probably similar to the present, upon a
letter addressed to them privately, upon a conversation
with any one on the subject, or upon an affidavit, as
they shall think fit, but there is nothing at all of a
judie••al import in the Act, so as to enable any barrister
to make a public application to me, sitting in open Court,
as he would apply in a cause or any petition. The very
circumstance of the Secretary of State being introduced
into the Act sheaved the Ministerial intention.
Mr. WYButtN observed that the Secretary of State's
Office was a magisterial office, and that the subject had a
right to be represented by Counsel before any Magistrate.
The Loon CHANCELLOR—WeII, now, just give me an
instance in which the Secretary of State acts ass Magistrate?
Mr. WYBURN—My Lord, the instances are numerous.
The Loon CmaNcEra.ost—Well, then, I should suppose
it would be easier for you to give me one.
Mr. WYBURN—I should say, that in all cases in which
1 he exercises a discretion he acts as a Magistrate.
The LORD CHANCELLOR—WeII, nosy he exercises a
discretion in all commissions he sends to the Lords Lieu-
tenants of counties; and if you were to go to him in your
gown and wig, and contend against his sending a commis-
sion to the Lord Lieutenant of a given county, I can only
say you would meet with a very cold reception, or rather a
very warm one, from Lord Melbourne.
Mr. WYBURN thought it would be productive of the
most injurious consequences, were it now to be sent forth
to the public that, in such a case as the present, the
Chancellor of England had no jurisdiction so as to enable
him to interfere.
The Loon CHANCELLOR had not the slightest fear on
thathead , because, on the contrary, he had no hesitation
n saying,
that he had the clearest jurisdiction, though not
in conformity with the present argument.
Mr. \\TYBURN said, that provided his Lordship ints-:r-
posed either in consequence of the present application, or
any other that might be made to him, by reason of what
had now fallen from the Bench, he was quire content to
go no further.
Sir E. SUGDEN then understood the application to be
dismissed with costs.
Mr. Wynunisi objectel te, the costs being given. It
was not his client's fault that the application had been
male in this publia way, because he had presented the
petition in private anti wished it to come before his Lord-
ATilroe.
wLrlo,Bitunit
liCsoaniaNicieELhLaOdltbeiennq inquired
di f.
toMar
ship privately ; but the secretary had doubted the jurisdic-
tion, and refused to receive it as a private petition.
the affidavits thactonhtaadinbeedensfiol,l.
Sir E. SUGDEN wished the Court to know
clients had given notice to the other side.) * Y
wialasveitvbealV
someb noticeu rno:ff
iviictist sveretheisertain letters from the cook, who
ery droll things too;
which he was told an understood se ciaeso:ll in:Pasg:llffi ‘dra.tto husband.
rrstt
oioodf
interspersedAunfor,lt.i.otnhatea
greatgentlerlnnaanny for her
reporneesenitieed kbiesgs
the terms were these
"My ever dearest:ll I egse;d and to
friend,-0 how I anticipatethe hap-
piness of seeing u. again at, your own house, where
you soon now will e, as Mr. NI yburn, an able Counsellor,
loss the case • m hand, and is determined to see • ' .
tice done. My dear Lord,'
we shall, if please Good, meet in a
few days. Mr. North will
ti i will see you in a few days. Pray
lei me know all oat has been passing for the last
ten days, which is about the time that Mr. Wvburn wrote
to different •
parties upon your business. They will
have some reason to
remember"—What doss your Lord-
ship think ?_(enquiredpro the Learned Counsel)—and after
a short pause
of laughter)—,,
if•e ded_tt Gunpowder treason"—(Roars
they do not bring you home. God
bless you, my deat •
faithfully, dearest love. lam yours affectionately and
" MARIA RICHARDS."
This was only one of many such letters. Throughout
it and throughout
He (Sir E. s.)witl them were many notes of exclamation.
shed to know if Mr. Wyburn had ever
read these lettsrs•)
Mr. WY BURN •
said he load, and that in doing so he had
thrown u his i •
I, met; but load
been induced to come for-
ward again on an affidavit having been made that Mr.
Knight was touter an engagement to marry Mrs. Richard',

to agreement which bad been made in tie presence of'
Ur. K.'s sister.
The LORD CHANCELLOR desired to he informed how it
-vas shown that the petition was the petition of Mr.
Knight, which it purported to be.
Mr. Wviinitx could only make out that the peti-
tion had been presented by Mr. Barney after he
''al in vain a•.tempted to get an interview with Mr.
K., for the purpose of submitting the propriety of pre.-
,enting it to him, and after Mrs. Richards had stated that
Mr. K. bad desired her to get every thing possible
'one for the purpose of liberating him, as he 'had lren de-
nied the use of pen, ink, and paper, where he was, and that
he should prefer death to living longer under the tyranny
of Mr. Lacy.
The LORD CHANCELLOR dismissed the application
with costs, directing the costs to he paid by the party
who had been the original mover of the matter.
Sir E. SucnEN hoped it was unnecessary for him to
say any thing in exculpation of his clients, the relations of
Mr. K. and the keepers of the asylum.
The Loitn CHANCELLOR had heard nothing whatever
implicating them in any way, and all he might do on any
application being made to him in this matter i❑ due form,
would be, at the utmost, to order them to make out their
own case.