The Sun.
London, England, 1812-08-26 00:00:00

CHESITYRE ASSIZES.

On Friday last. the trial of -John, somas; for the
niurder of his master, Geo-. Morrey; farmer, of
I failltet6w, and Edith liforrey, wife of the said G
tiorroy, for aiding and assisting Lim in the
came on.

The ATTORNEY-GENERAL (Welled the caseby a
most atFectink address to the Jury.
_ _

Hannah Evans was then called : she •said she.
lived servant with the deceased in the month of
April last ; Edith Money was wife to the deceased ;
knows Lomas, who was also servant; the.deceased.
had five children, three of whom slept in the'sathe
room with her; She went through the deceased's
room to her own, Which was on the ground floor;
John Lomas, slept in a room over the kitchen, and
the other• two children with him. On the night
of the 11th of April, remembered her master com-
ing home, she went to bed about 12 o'clock, and
saw her master and mistress go-into their room ;
about two she awoke, heard a great noise and
two or three blows struck, which appeared to he
in her master's room, she afterwards heard
more blows and two 'groans, when she got
out of bed and was going through the window.—
' The prisoner (her mistress) came into her room
and pulled her back again into the room, put
out the candle, aria told her she must' not make
a noise, for there sere murdertrs in the house.
They then went through the parlour and into the
kitchen, where she lighted, a candle, and went,
by'her mistress's desire to call Lomas; he. appear-
ed to be fast asleep ; she called him twice, and
said he must get up, as there were murderers in
the house„he told herto leave the candle and he..
would follow her down. Witness and Lomas then
went to call one Betty Spode, who lived a short,
distance_ from the house ; the priSoner, Lomas,,
• said, it was very dangerous going out, and ap-
peared to be much frightened.. When Morning
came she examined the floor, and fourp! several spots
of blood, she likekvise Observed blood on the stairs
leading. frontT her master's rdotn to Lomas's. On
her. cross-examination she said, that she was much-
frightened the next morning, and could hardlyre-
collect what had happened at first. She had been
in bed about an hour before she heard the noise.
Her mistress ordered her and Lomas to 'go and
alarm the neighbourhood---never observed any nn-
kindness between her 46aster and mistress, nor
eve'.;aw her mistress behave 'to Lomas otherwise
thiii as a servant. Her master and. mistress were
laughingl)efore they went to bed, when her mis-,
tress came . to her room, she said, that there was_
either thieves, mtirdererS, or robbers, in the house,
but she did not recollect which.

Thomas .Tim.mis was then called—he said he
was called up and Went to the, houSe of the deceas-
ed at about half past two. He stood 'a few mi-
nutes in the house where Mrs. Morrey was sitting
on a, chair, holding hef apron to her head. He
then Went into the room where the deceased lay
dead on the floor, with his face downwards,- and
his left hand under his head, on axe lying by him,
and the room floor covered with blood;` did not
examine him; but saw 'his throat 'WAS cut from
ear to car. ,

John Moors stated, that be went to the de-
ceased's house, and Lon his way there Lomas told
hiM he thought 'his master was killed : he found
Mrs. Morrey and her children sitting round the
fire. -He asked for a lighted candle, and went into
the room,-where he found the body, as stated by
'former witness. lie -asked Mrs. Money if she
suspected any body ? She answered no. He then
examined the door, and found that it was fas-
tened with a nail over the latch. Mrs Morrey
sao, she supposed somebody had followed him
from Northwich, where he had been at a cockins.
Thomas Hall came to the house of the deceased,
in company with three others, and immediately
went into the room, where he found him on. the
floor. He perceived blood on Lomas's smock-
frock, and on examining the house found blood
on 'the floor, which he traced into the hack
kitchen, and up stairs into the room where Lomas
lay. He then secured Lomas, and Mr. (groom
,a.shed him for the key of his box. He. re-
plied, -that no :constable had a' right to look
into his box... When
.the witness got up stairs
again, he saw Mrs. Morrey take some kind
of linen and '.throw it on the floor, her back
Was towards him ; Mr. Groom picked up a
shirt off some bags in -Lomas's room, where she
had throWn it. He',asked 'Lomas was that _his
shirt ? he said it Was ; it was marked with -blood
about the wrists. He, saw Lomas stripped, he
hada clean shirt on, and .Mr. 'Gloom turned hi:;
coat inside out ; in The inside there appeared
Much blood.. Lotnas said it was his•shirt, and,he
bad worn it all last week. The bureau in the
parlour was open, but" did not appear to have
,been broken open. There were two small patches
of blood on the sheets, which were taken into
the fold: There was' a,box" by.Lomas's bed-side,
Mrs. Morrey had brOken the lid of it.- :He took
-out a waistcoat, all bloosiv, and asked Lomas,.was
it hiS ? he said it was, and inqUired if they'kuew
where it was found.

John Groom lives at Audlemi was called on the
morning of the murder,' and went to the house .of
the-deceased. He searched the different lodging-
honsesin the neighbourhood,' to peek for suspi-
cious persons, but found none ; he then returned
and, examined the parlour door, upon which no
violence appeared. He looked at the 'desk, Was
not present when the contents were taken Out;
the lock was loose,' two screws out, one of which
'he ft:Mad in the 'desk: the bolt of the lock was
shot - found a chissel amidst some papers; as if
placed regularly. Witness asked :Mrs. Morrey
which way theachieves came in; she said at the
front door. • He inquired did she see any one, she.
answered no, but she heard a noise, and thought
it was in the children's room, on which she went
in amongst them. As he left the house; saw
Lomas in the yard, observed a small spot of blood'
on his nose and waistband of his breeches ; asked
Lomas where his dirty shirt was, he said he had
it on ; witness told him it was impossible, for the
one he had on was .clean ; be ,declared it was the
one he wore all the week. He then corroborated
the evidence of the former witness. Upon find-
ing the blood. on Lonias's shirt, witness ordered
Dooley, a constable, to seize him ; he marked
the shirt, waistcoat, and sheets, and gave them to
Win. Hall; another constable; could swear to
them if produced in Court.

„ . BOOley tO9ii -I,*as into custchly;•
I birn about the albloody,ihi4;: en 4*44.1d'
be bad worn it the week.before, when he WOth
c*es and the mare. Witness told, h:in e had
convicted himself by that, lie
.said ” 1 have."--4
Saw him Searched, when a razt4-Sheittli lottu;l
in hiS pocket. The razor found in a pit;.-
Where the priso.neitOld the witness he hadthi.own,
I it; there was a little bitiod-on the handle; and two
hairs on „the 'steel of-it.

James Morrey said, he was brother to the de7
ceased; was called up about two o'clock in the
•
morning; Lomas was one who came to callhim,
who said that his master was murdered, aid that
1501. was stolen out-of-the desk
witnesS.came to the house he found Mrs._M. sitting
by the fire-side ;she told hint She thought they
had followed him home and murdered him. Lo-
mas went and put the nail in the door, and shook
it dut again, to she,* him how they got Mrs,.
M. told . the witness She_ thought he had
.been
bragging about his money, and they had folloWed
him home and murdered him; witness eXamineol
-the desk next day,. and =found 2s. • a - check opoei
the Nantwich sank f0r.1201. and his watch.
John Bellis, jun. Surgeon, saw the deceased,
and examined his head ; found several fractures;
which he described; thought the blows were given
by some heavy instrument., he thought to !)e. an.
axe. The wound in the throat he thought suffl-
tient to cause his death. Otf Sunday he was catied
upon to attend Mrs. Morrey; he found her lying
upon the floor, with a large wound in her
-neck,
proddcedby some sharp instrument ; sewed it up.
and dressed it. She told him on Monday, that
Lomas -had said that he was up three times in the
night hefore to murder her husband.
Wm. Hall; Constable of HankelosV, was on
Sunday morning at the house of the, deceased ; saw
Morrey sitting by the fire: He told her
was come to take her into custody ; sat two in
three yards from her ; about three minutes after
she dropped from her sent, and her tilt oat was cut
by a razor, which lay by her side. •
Elizabeth Brereton stated, that tlie.6entik'nen
had been there to ask how many shirts Lomas
wore in a week she inquired of Mrs. Morvey
why they were takingLot-I)as, when she said that
she would swear he was no More guilty than hier;
and that he was,asleep in his bed.
The JUDGE, hi= a most impre§sive mantra ad-
dressed the Jury, who, without retiring,, ge.ve
verdict of .Guilty against bOth the prisoners. The
Judge then- passed the awful sentence of the law
upon them.

After sentence was passe.d, the Counsel threw
in a plea of pregnancy for Mrs.-Morrey, on which
a Jury of Matrons ;was immediately selected out of
the Court to examine her, who stated, that to did
best of their opinion, she was from three to five
months gone.

;Lomas was ordered for execution on IVlOnday
last. Judgment respited on Edith Morrey, until
after her delivery.
The,auxiety of tbe public to hear this trial was
so great, that the Court was crowded to excess by
six o'clock in the morning.

. DREADFUL FIRE.

Yesterday morning, about half past one o'clock;
an alarming and destructive tire brae out in the
unveiling-house of Messrs. Aolland and Son,
chandlers, in Reeves's, Mews, in the rear of their
house in South Audley-street, Grosvenor-square.
The. fire, it is said, was occasioned through the
ignorance of a nian employed by Mr. Holland;
who having but a small quantity of fat hnv a large
copper, tamer which was a strung tire, by which
meansth4 empty part of the copper got red hot, and.
set fire to the tallow inside ; the man, alanned at
the circumstance; threw several pails of Water iu
upon the fat, which only tended to increase the
flame e,. and the fire spread with amazing rapility'.
Shorzly after • its coMmencement, it caught the
dwelling-house .of Mr. Horrison, and two houses
occupied by Mesr4s. Holland,, in South ./I.lidity..-
street, and several small hoUses in Reeves's Mel...
At five o'clock, destruction seemed to await _the
whole of the neighbouhood, and the utmost
fear pervaded the min& 'of its distracted iphabi-
tants ; but by'the uncommon exertions of the fire.-
.men of the severalFirc Offices it was prevented froir.
spreading beyond the houS'es just mentioned, and
at seven o'clock all dread of its farther extension: •
was at an end. J.‘, house in the occupatibn of Mr.
stytb, a perfumer, situated between the houses bf
MeSsrs. Holland, had a most singular escape, not'
having been,. in the -, smallest degree damaged;
whilst the houses on each side Were totally coo-,
sunned.---The body .of flame emitted from tune -

extensive tallow .warehouses of Messrs. Holland,
and the hay and straw in the stable yard, ,was
vast and grand in the highest degree, any:
such as has not been witnessed in the metropoll,
since the deStruction of Drury-Nine Theatre. A
considerable number of Men of the Ist and 3,1
Guards, and also the Sti George's Regiment, and
other 'Volunteer corps, attended with pronipti-
tuck, and 'conducted themselves in a _manner
which entitles them, to the highest commennv
tious. The amount of 'property .destroyed
immense. The.. houses of Messrs. Stoddatt
and Bolton, Coachmakers„ and the i interior ,of
the residence of Mr. Parsons, baker, was akt,
much injured, -and a quantity of flour destroyed.---
Mr. Teby's stables, in Reeves's Mews, were cOu-
stinted ; and fifty chaldrons of coals, which wevv:
placed in a shed in the Mews, caught fire, aii(l.
'were burning at ten o'clock yesterday morning.
The house of Madame Jaymond, milliner, was very
much injured, and Mr. Owen's tin-warehouse
narrowly escaped destruction it is, however, ma-
terially damhged.

We are sorry to state,' that Messrs. Stoddar
and Co. have. sustained 'a serious loss, there %vere
four new carriages, and various others, with ell
the other property on the premises nearly du-,
stroyed'i they were unfortunately not insure:l:
MadameJaymond's property was likewise not
sued; and When the fire • caught ,the back part
of her house, she ran up stairs for some vala,
able trinkets and money which she had, and n
descending, she yeas met by a man on the stairs,why
forcibly took every thing from her, and muck
eicape. We are happy to state that no lives w:_%
lost, but one of the firemen was dreadfully inapt:lel
by the falling in of the second floor. in Mr, tti,•i
laad's house.

TO THE EDITOR OF TILE SUN.

SIR,

In -the jour*ri de l'Empire of the 3d inst. J am
again accused 'of having broken my parole, .in
a weak endeavour to confute the manly, just, and
honourable vindication of the character of British
Officers by Lord CASTLEXEAGTI in the House of
Commons, respecting the recent• dishonourable
breach of •it by French OtliCers. • •
I was in hopes, that after all my most afflicting
sufferings, to be permitted to'become tranctukl at
least, but a fair justification of my character.
obliges me again to come before the public. _ .

I have hen three times prisoner of war ; the
Prat the conamencement.of the French.ll evo-
lution, in the reign o ROBESPIERRE, and was
taken into L'Orient ; I remained there &mile days
(not on parole), for certain purposes proper and
-useful : I was sent home by the Royalists, in the
very same ship of _war which raptured me, imme-
diately after the destruction of the arsenal by fire,
and his Majesty's Government approved 9f my
conduct in all its points'.
The second time, l.was on a party of pleasure
captured, and carried into. Guada.loupc, 'at that
time governed by VICTOR HtTCILTES, Who liberated'
me on the condition that I shoilld not cruize in
the West Indies, but return to England, not in
my own ship, and obtain the 1ibc....-ation of a
French Officer of the -same rank or duality..; I
complied strictly with these conditions, 'returned
home in the Halifax packet; and his Majesty's
Government caused to be liberated, in exchange
for me, the Commander of the private, ship of war
Sans .Culotte.

The third time. (the cause' of the French •Go-
vesnittent's kind remembrance of mc) was on the
'commencement of the present war, in a very yin-
equal contest for the defence- of British property,
without any view of prOfit, highly honourable to
the officers' and men whom I had the 'good for-
tune to command. At this time the situation of
the tritish prisoners in France was truly de-
plorable ;--=on this subject I made, oti my return,
an 'affidavit, by directirin of the Tran Sport Board,
" that I verily believed, bad,
it not been for the
assistance aff6rded by Captain BRENTON, many of
his men 'would have been starved." From the
same motive I maintained my crew, have many
times since sent then) money-from hence, and gave
to the general fund for relief of British pri,
soners
.in France 100 guineas : to relieve their
Wants, I walked to Berlin, where I bad an inter-
view with that great and good man,. Mr. JAcK,
salt, his Majesty's Ambassador, and I have every
reason to believe that rnyjuitiffable escape alle-
viated the sufferings of my countrymen,- On ply
arri val it was a' subject' debated in the public prints,
what crnistituted Parole, ands what ObligatiOn a
Prisoner's Pr,rnie imposed on the Enemy in whose
power he was ? and it was by such authority as
Sir T. TROWBRIDGE, then a Lord of the Admi-
ralty, determined, that the Parole of a Prisoner
in an Enemy's Country obliged that Enemy to
allow him subsistence and a circumscribed liberty,
alvi a breach of 'such duty was highly dishonour-
able in that enemy.
ThiS subsistence, I was not allowed ; therefore
the Parole compact was broken by the then Con-
sul', BUONAPARTE, not by me; and I have no doubt
but that every Englishman so accused will be able
to give as good an account of the principle on
which he acted as I have done.
It is less fortunate for the French Officers who
have broken. their parole, that they are incapable
of defending their honour by implicating the jus-
tice anti honour of the British:Nation.
If the Ruler of Fiance is not' satisfied with this
explanation 'of the principle upon which I chose
to make my escape, will be venture to decide the
qnestion•by sending a ship of war to meet me in
one of an equal rate ?-• 12. , Sir,
Your most obedient servant,

Loudon, 26th August, 1812.

THO. GOODALL.

BRISTOL, AUGUST 22.—The following most
disgraceful and inhuman conduct was witnessed
last week in this city. On Wednesday, as one
of the serjeants of the Leitrim Militia, was
walking, b, tween eight and nine o'clock. through
St. James's, Church Yard, he was accosted by a
man who-asked him if he belonged to the Irish
'Militia regiment quartered in Bristol His answer
was that he did. - He then asked him how heliked

DIIITJRGIL

this country ; he replied, .very much. He then
begin to abuse the serjeant, by damning him and
every one from his country, when a second man
came behind_him,and with a carving knife, or
ome similar instrument, cut the sinolys of his
ig;itleg in so dreadful a manner that the poor
• fellow ha...not laeen able to be removed from the
public-house where his. billetted in that 'neigh-
bourhdod, and to which be was immediately con-
veyed.
We had heard several reports of this , shameful
procedure, but :sere unwilling to give them belief
till we had made inqUiries, by which we are fully
cr,ivinct.:l of the fact, and we have no doubt but
th it 111 wre fellow citizens will feel equal abhor-
rence with ourselves at the,atrocity of the wretches
who were guilty of such a crime.
The serjeant recollects Nvell th-efaceof .the man
who spoke to' him ; his deposition as to the facts
stated has, We understand, been properly taken
down, and we trust 'that the miscreants will be

We had a brief Account ut ~,(towing Trial in our Paptr,3'
Friday,'hut the attention which the Causc excited has in-
duced us to give it more in detail.

CONSISTORIAL COMMISSARY COURT.

HILLARY V. HILLARY.

• The pursuer, Dame Frances Elizabeth Hillary,
otherwise Disney .Flyche, instituted the present
action of divorce against the defender, Sir Win.
Hillary, of Danbry-place, in the County of ESsex,
Dart. now residing in Scotland. The libel suited,
that in February, 1800, the pursuer was lawfully
married to the defender in the parish church of St.
George, Hanover-square, in the County of Mid-;
-dlesex, and after the solemnization of the marriage
the parties resided together as husband and ..wife
for' several years, during which time they had one
son and two daughters ; -that notwithstandingthe
said marriage, the defender had deserted the
.purL'
uer, and withdrawn his affections, from her, arid,
having unfortunately,contracted a load of debt, he
left England about four years ago, 'and took up-
his residence in the. Isle of Man. From thence he
came to Scotland, and in March, 1.811, he e Jas
discovered residing in a hotel in Edinburgh, tinder
the fictitious name of Hastings, and in company
with a young-woman, calling herself Mrs. Has-
tings.; after residing in several other plac'es as
husband and wife, they at last took up their resi-
denca in- the sanctuary of Holyrood-hOusc; .the
defender then .assuming his proper name' Of Sir
Hillary, and his companion that of Mrs.

On theSe freti,, the: pursuer brought her action
of divorce ; the :defender WA3 personally cited,
and gave in a defenze, not only"denying the libel,
but-objecting to the jurisdiction of the Court.---
The Commissaries pronounced an interlikki-
tor, the same ki in the case of Ti eush v. TeuSh,
ordaining tile pursuer to condescend both in fact:
and in law; on the, ground on which she main-
tained that the Court was competent to entertain
her, action.

A Condescendence was accordingly given in for
the pursuer, which having been followed with
long answers for the defender, in which he endea-
voured to skew that the parties were not,amena-
ble in a Scots Court of .Aistice, on account of a
marriage contract in England, the Commissaries
(6th September, 1811) pronounced an interlocul4r
nearly similar to that in the case of Teush, find-
ing, ''"That in respect the pursuer and,defender
are English, were married in England, andnever
lived together in Scotland as husband and wife,
and that it does not appear that the defender has
taken up a fixed and permanent residence- in this
country; on the contrary, he him Self describes his
residence here as of a temporary nature, oceasiOn-
ed by the embarrassed state of his affairs, and
meant to .be continued "only until that embarrass-
ment was removed : Find that this, Court is riot
competent to entertain the present action ; there-
fore dismiss the same, and decern.".

In, this case Mr. Commissary FERGUSON differed
froM his brethren, and the judgment having been
Carried into the Supreme Court, by Bill of Advo-,
eation, which having come before Lord MeadoW-
bank, ,his Lordship pronounced an interlocutor,
and sustain their jurisdiction.
The case, accordinglf, came back to the Com-
missaries, and a proof having been led, by which
the acts of adultery libelled were clearly esiablish-
ed, the Commissaries found the defender guilty of
adultery, and divorced and declared in tenii of
the libel.
,• .

soon dis.covered.
The set:leant hears a most c !'irilcnt character
i:t the regiment for sobriety and peaceableness
'indeed the conduct Of the whole :regiment, since>
they have been among ns bas been truly exemplary
and praiseworthy.

The.following notes of Lord 211EADOWBANI-
illustrative of his Lordship's interlocut6r, in the
present, as well as in the parallel cise ofjensh

Had I been able td discbver in this and a
si►ni-
lar case any thing, as far as now unuer review,
which appeared to me at all doubtful in legal prin-
ciple, I should certainly have taken the cases to
report to the'diyision ; for, 'unquestionably, the
point at issue is one near the very sources of ge-
neral jurisprudence, and therefore reaching to con-
sequences of incalculable number and magnitude.
But having been unsuccessful in the pursuit . of a
doubt, it appeared to me,unbecoming• and inexpe-
dient to take any'.stepsthat implied a doubt to
exist in a .matter of s 6 much importance, and
that my duty was to record my opinion, as clear-
ly as L could, with suitable succinctness, and
leave it to its fate.

Monday morning a 12{-4.rsc, in a -gig, in which
were. two Ladies .and a Gentleman, took fright
near Camberwell Turnpike-gate, at the
.noise of
some oxen, which were passing, 'and, notwith-
szandingall the efforts of the driver, ran furiouily.
to Walwortb, and Was not stopped till it got near
Newington Church, when its further progress was
impeded by the,wheels coming in contact with
tliose of a brewer's dray. One Of the Ladies was
ti rowu. Out by the shock, and mild' hurt ; the
wher'Lady and Getitlenniu escaped without in-
..
itry.

The interlOcutor complained of seems to hold,
that the Scotch Courts have no right to take cog-
nizance of the conduCt of foreigners in Scotland,
respecting the relation-of husband and wife, un-.
less they have acquired a domicile in Scotland
animo remanendi there. But it is thought .no
warrant whatever can •be produced for such a doc-
trine. Foreigners, equally with natives, are -sub-
jec,ts to his Majesty-and .to the law while here,
and of course under the protection of law. And
those relations in which they stand towards one
another, and which have been duly constituted
before they came here, if relations recognised by
all civilized nations, must be. observed,- and the'
obligations created by theni fulfilled. agreeably to
the dictates of the• jaw of Scotland. If the law
'retused.to apply its rules to the relations of hus-
band -and parent and child, master and ser-
vant, among foreigners in this country; Scotland
could not be,d6erned a civilized country, as there-
by it would permit a numerous description of per-
sons to traverse it, and violate, with utter impu-
nity, all the obligations on which the principal
coinforts,of domestic life depepd. • If it assumed
jurisdiction in suclLcases, contrary to the-dictate
of the interlocutor, but applied not to its own
rules, but the rules of the 'ow of the foreign
country where the relation had been created, the
st4remacy of the law of Scotland, within its own'
territories,. -would be compromised, its arrange-
Ments for: domestic- conifort violated, confounded,
and perplexed, and powers of foreign' Courts, un-
known to our la* and constitution,' usurped and
exercised.

And though, according: to the implied doctrine
of the. interlocutor, .foreigners, by a permanent
residence, were to have the rights belonging to
them, under those deniesric relations, protected
by the law. of Scotland, still A great proportion
of persons would, according to that doctrine, re-
main without law in this matter. If they kept
changing'their dwellings sufficiently -often, they

OWil eyes.

remain likE trhe •t;tpsies Of ikirmer times, at
full ►iberty each to do that which vs as good in hi

. .
But it is' thought the estahlishwe.nt of a nomizr
nee has no sort of connection with• either the oli
ligation to fulfil the obligatory duties of the domes-
tic relations, orthe competency of enforcing it. A
person the instant he sets his foot in Scotland, is
as much bound to maintain his lvife and child, as
after forty days residence there ; and if he :turned
them out of doors destitute the first day he arriv-:
cd, he is unquestionably as liable to be sued for
aliment; adherence,, eic. as if'-he had committed
this outrage, and resided forty days in one house.
If not found- innerson to';'receive a citation, a do-
micile is of consequence ; but it is of no ` conse-
.....
quence in such a case,' if the foreigner is cited in
person, or his re,,idence is sufficiently ascertained
The dnimits renzaneade may be of great copse-
,
enence to establish the presumptions on which the
distrilAtin of succession to movables is supposed
to depend ; but it does not seem to enter into,the
constitution of-a domicile for 'citation by 40 days
residence, nor form, any requisite for, the vali‘itity
of a personal citation to an dction for obtaining
redress of civil wrongs, inare than for punishment
of a crime. 'Nor can those suits for redress, which
involve quationes #atris., 'admit of any different
cousideration: In all.cases where the status claim-
ed or discerned isjuris gentiani, the competency of
, ..
trying such wherever the person concerned is
found, is obviously -necessary. •The domestic re-
' lations concern so much the 'Mast immediate com-
forts of life, and the -Well-being Of society, that
where the partieS concerned were 'Present, it is
impossible to leave to the Greek calends, as the
interlocutor complained of does the trying of them
..-without. incurring
, the obloquy of a denegdtio just
titizr.
.. • ,

Bur.. though the jurisdiction seems in all views
to be unquestionable, the title to sue must, in all
cases like the present, be cleared of the legal; sus-,
pieion of a collusion ; and I aril apt to think that a
suspicion 'of: a private, purpose inlthe parties .to
themselves of the law of Scotland, in obtain-
ing- its remedies, where the marriage law is
,vio,
lated, instead of contenting themselves with the ,
law and remedies it affords of their.own country,
may have had some influence in edctating The in-
terlocutor. But if there is 'any thins ; in this, it
ought to be considered and sifted in discussing the
title of the'pursuer whether fair attd good, and the
relevancy or sufficiency of her allegations of 'the
defender's. wrongs. The plain principles on which
what is; called collusion, vitiates a title to sue, is,
that the pursuer has rendered herself participant
of the wrongs she complains of by instigatinglt,
or connivance with the perpetration of it, fOr the
sake of the remedyishe seeks after, or some bye
purpose.
_

- In this view, it is obvious, that 01041 a mar-
ried person should commit adultery in Scotland,
in a way and manner calculated for detection by
the innocent party, from the private lexpectation
that such party -Wonld thereby be induced to seek
the legal remedy of divorce, this could form no
sort of objection to the title and interest of the
innocent party to
_demand that remedy. Such
party uses his own right in demanding it, and is
entitled to maintain that it.is nothing.against that
right how many bye or unjustifiable motives may
hive concurred in instigating the 'commission of
the injury, urovided the sufferer ie innocent of all
p,rticipation'in promoting or conniving at it.
Hence no inveStigation of such bye.o-r unjustifia-
ble motives on the part of the lvrong.-doer., has
ever been carried on ex officio jacLeis, or otherwise,
in the Commissary Court; And it is obvious that
the • availing .oayself- of the wrong, and of-the
attending commission of it to ob--'
Lila the redress;Jillowed by law, can create or
infer no participation ,in those motives in the
wrong-doer.- Innocence of the instigation of per.,
petration is sufficient,-however strongly the desire'
'of-the legal redress, or the determination to take
that advantage of •the wrong suffered "may be en-
tertained:.

N--;w, if this lie the,case as to natives,: it is ob-
vious that foreigners cannot. be in a ‘less favoura,
ble situation. The purpose 'of the foreigner in
ehoosingScotland as the'scene for the violation of
his Marriage vows cannot disable the innocent
party from claimingthatredress which the law
of Scotland affords for such,a wrong. Such party
having neither suggested the measure, nor furnish-
ed the means of perpetration, nor refrained frOm
using means to prevent it, may surely, with a pure
and good conscience, claim the. redresS afforded
by law, though more ample than that afforded by
the law of his own country,. and of course more
desired. • -

But it has been Said; with respect' to the Gretna
Green. rnarriagcs, that there
,both parties concur
in evading or defeating the law of their country
with respect to marriage ; awl the same may per-
haps be said here as to evading or defeating the
law of England, which confines divorce to those
who can, pay the expence of an Act of Parlia-
ment.

This argument, however, though originating
from.a doubtthroWn out in a most respectable
quarter, could not stand the.investigation it after-
wards received. If persons have the free
.choice
of the place where they reside or travel, or perform
any act, they are guilty of no fraud against the
law.of their country, when they avail themselves
of, an opportunity of going to, andthei• civilized
Country to constitute the relation of husband and
wife, in the manner, and according/to the rights
allowed to persoui the subjects' of that coun-
try ; all such persons do is, to prefer, in'this
matter; the law of Scotland to the law of Eng=
landb and' in so doing,, they do no wrong,—
they merely utuntur jure silo; and, accord-
ingly, this is now the settled law of England,
which, by the bye, proves that no domicile is
required to constitute in Scotland the relation of
husband and 'I
vife amongforeigners, whn have just
arrived there before celebrating their marriage, and
which, nevertheless, is adjudged to he good and
effectual all the world over. But if this is the case
in the cOnstitution of marriage, it is obvious that
the guilty party's choice of 'Scotland for the scene
of his guilt, because he may have preferred svb-
jeeting himselfto the redress that law affords for
it, to what is afforded by the law of bis own coup-

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