The Sun.
London, England, 1869-07-28 00:00:00

ME GREAT 21012DAUST DIVOIWE CASE.

On Tuesday, in Chambers, before Lord Penzance, the
Judge Ordinary, an application was made, according to
special appointment, in the matterof the suit of "Mordaunt
v. Mordaunt, Johnstone and Cole." Mr. Serjeant
Ballantine, Dr. Spinks, Q.C., and Mr. A. Inderwick ap•
eared for the petitioner, Sir Charles Mordannt, Bart., of
Walton Hall, Warwickshire ; Dr. Deane, Q.C., and Mr.
E. Searle represented Lady Mordaunt, the respondent ;
Mr. IL W. Lord watched the proceedings on behalf of
Viscount Cole.

The Judge Ordinary, on the admission of the parties,
said that an application bad been made for the ad-
mission of the representatives of the press, though
it was only preliminary matter that was before him. He
had no hesitation in granting that application, as he did
not consider matters heard in Chambers as necessarily
Frivate. At the ennie time, lie would suggest that as the
question involved the reputation of many persons, the
gentlemen of the press, in the exercise of their discretion,
would not make unnecessarily public matters in which the
public had no real interest, Lot which to the parties con-
cerned were of the det pest importance.
Mr. Serjeant Ballantine said it was not necessary for
him to go into details " involving parties who were in
the suit, whose names in the present proceedings
were not required to be mentioned." His lordship
would see that the matter was of the greatest importance
to Sir Charles Mordaunt, and the hon. baronet was ex-
ceedingly anxious to bring Ihe case to a speedy conclusion.
The learned serjeant then referred to the section of the Act
of Parliament, which gave the court power to direct
what should be done, and urged that the real point
now to be decided was the state of mind of the
lady at the time she made certain admissions on which the
case for the petitioner would mainly stand. Those state-
ments were, in fact, the keystone of the case ; but
whether there was any delay or not as to the question
of her present sanity, he (Serjeant Ballantine)
could not see that any advai.tage could accrue,
as at the time she made those statements she was
of perfectly sound mind. Eut was she insane
from the time the child was born? That was the
argument on the part of the respondents, but on the
question of delay his lordship would not fail to notice one
paragraph in the affidavit, to Mr. Burrows, which went
to shew that Lady Mordaunt would never be sane again.
Eut, again, he (Serjeant Ballantine) would remind the
court that even if she did recover her senses she would
not be capable of becoming what she said in her insane
period, or give any correct account of what she had said
or done.

The Judge Ordinary thought the learned counsel was
losing sight of the question now before the court—whether
the respondent was able to answer in the divorce suit
according to that which the law gave her power. She
might under the Act plead a complete denial, or cruelty,
or, which was more probable, that her husband's conduct
had conduced to her adultery, or, in fact, any of the
defences which she was allowed to plead under the Divorce
Act. If she was insane, she was debarred of the power of
availing herself of the defences which were given to her
by the law.

After some further argument it was agreed, on the sug-
gestion of the learned judge, that as the affidavits of the
doctors and others had been taken, and no cross-examina-
tion arose on them, that these witnesses must be heard
before a jury; that an issue should be directed, in which Sir
Thomas Moncreiffe, the father of the lady, should plead
her insanity, as her next friend; and that in the meantime
she should be in charge of those persons who might be
appointed by her husband, he having the right to the
custody of her if she was, as assumed, insane, with access
by the father, as might be mutually arranged by the
counsel on both sides; and so it was finally settled.
The case stands over until November.