The Sun.
London, England, 1860-11-19 00:00:00

HABEAS CORPUS.-IN THE MATTER OF D'ARCY

2-4INORS.
In this case, the nature of which I recently stated
when it was before the Court of Common Pleas in
its preliminary stage, Chief Justice Monahan de-
livered judgment. The case had come before the
Court on a motion by Francis D'Arcy, otherwise
Kingsbury, the mother of the minors, to show cause
why the conditional order for a writ of habeas
corpus to bring up the bodies of her five children,
should not be made absolute. The application for
the habeas corpus had been made on behalf of the
Rev. Patrick Kearney, the Roman Catholic clergy..
man of Ovoca, county of Wicklow, and of Lady
Catherine Petre, who claimed to be testamentary
guardians of the persons of the children, under a
will of their deceased father, bearing date the 20th
May. 1860. This will devised all the property of
the testator to Francis D'Arcy, in trust for his chil-
dren, whom he desired to have brought up in the
Roman Catholic faith, which he himself professed.
The case made on behalf of the prosecutors was that
they did not attempt to interfere with the custody
of the children until they ascertained that the
mother, in violation of the injunction contained in
the will, was bringing them up as members of the
Established Church. Three of the children were
domiciled in a Protestant institution, but there was
no allegation that they were detained there against
their will, or that they suffered any duress what-
ever. The mother, in her affidavit, stated
that she was not, in fact, the legal wife
of Patrick D'Arcy, the deceased, as no
marriage valid in law had ever been solemnized
between them. She deposed to her being the child
of Protestant parents, reared and confirmed in the
Protestant Church, and at all times professing the
Protestant faith. She stated that she had regu-
larly and constantly attended Divine service in the
parish church, and constantly participated in the
sacrament as administered by the Protestant Church.
The circumstances of the marriage were as follows :
—Frances Kingsbury and Patrick D'Arcy were

fellow-servants in the family of Lady Catherine
Petre. The girl had been seduced and was about
to become a mother, when a marriage was solem-
nised between them by the Rev. Mr. Kearney. She
swore that, previous to this ceremony, the deceased
had told,her that Mr. Kearney had made some diffi-
culty about officiating, on the ground that she was
a Protestant, he ultimately yielded when it was
hinted that the parties would proceed to Public'
and get married there. Mr. Kearney swore that
on the occasion of the marriage the woman had pro-
fessed herself a Catholic, but he did not state that

she had so professed herself for 12 months, or any
period previous to that event. On the contrary, the
rector of the parish, and a person named Dodson,
gave positive evidence of her attendance at church
and participation in the Sacrament up to the time
of the marriage. Under those circumstances the
questions for the consideration of the Court were,
whether this was a valid marriage, and whether
the father had the power of disposing of the chil-
dren, the issue of it, by deed or will. As to the first
question, the Irish statute was not alone manda-
tory, but was supported by a series of authorities,
all of which went to this, that a marriage in
Ireland celebrated by a Roman Catholic priest
between parties, one or other of whom had not pro-
fessed the Roman Catholic religion for at least 12
months previously, was null and void without any
judgment or sentence being necessary. As to
the second point, the statute of Charles 11. applied.
However open to argument the construction of
this statute might have bean at the time of
its passing, the train of authorities had since
clearly decided that the power of testamentary
disposition was inherent only in the father of
iolpdrinenionb,orunndin laerawllfutlhwe
children
eedilrocculcm. The Court were
stances, that the
conditional order should be di •
scharged. In coming
to this conclusion they were anxious it should be
understood that they •
did not
pronounce the chil-
dren illegitimate. They simply decided that there
was not evidence then before them sufficient to eats-
y, and they left the parties to such
other proceedings as they might be advised to assert
any rights which
they conceived to be derived
under the will of Patrick D'Arcy.

CHILTJ MURDER.—On Friday notices were issued
by the Board of Guardians of the West London Union
that it is their intention to offer a reward of £SO for the
discovery of the person or persons who were accessory to
the murder of a newly-born infant, which was found a
few weeks since in Victoria-street, City, in the district of
the union. It was discovered with a
piece of tape round
its throat, and there were other appearances from which,
on a post-mortem examination of the body by a surgeon, it
was his opinion the death of the unfortunate child was thO
effect of violence. An inquest was subsequently taken
by Mr. Payne, on view of the body, when, after hearing
returned
ersons
urned a
the evidence of the various witnesses, the jury
verdict of " Wilful murder against some person or p
unknown." At the same time a recommendation was
made, in consequence of the numerous cases of infanticide
for the
,
that a reward should be offered by
the guardians
apprehension of the guilty party or parties.
PERFECTION OF AnT IN WATCH MANUFACTURES..--
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are rarely to be met with in any other city in the world,
indeed whole fortunes are concentrated in their windows.
Foremost among such establishments is that of Mr. Ben-
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Home of Art. Everything exhibits the most perfect t :
taste -
and While the beautiful is thus cherished, the useful is also
carefully studied. Mr. Benson has gained a high
watches especially."—City Press.—Benson's
descriptive of every
for the superior :manufacture and artistic designssillusotrfatilised
construction Pamphlet,
tfoohr
nowtwo stamps,ui aa
to all parts of the globe. 0. Watches safe by post

OYAL ENGLISH OPERA, COVENT-
GARDEN—under the Management of Miss LOUISA
i'VNE and Mr. W. HARRISON, Sole Lessees.
THIS EVENING, THE NIGHT DANCE,RS: Messrs
B. Haigh, H. Cord, G. Kelly, Distin, and Lyall ; Madame
Palmieri, Miss Albertazzl, Miss Lefilzr, Miss Thiriwall, and
Ilia Huddart.
And a Ballet of Action Ambuscade.

_____
Conductor—Mr. Alfred Mellon.
Doors open at Seven. Commence at Half-past.

THEATRE-ROYAL, HAYMARKET.
Lessee, Mr. J. B. Backstone.
TITIS EVENING the performances will commenOs with
THE SUN AND THE WIND. By the Leclereqs.
After which, THE BABES IN THE WOOD.
. And MY WIFE'S DAUGHTER.
Commence at 7.

KOYAL PRINCESS'S THEATRE.--.
) Lessee and Manager, Mr. A. Harris.
THIS EVENING, an adaptation of Victor Hugo's cele-
.brated Play of RUY BLAS, by Edmund Falconer, Esq. t
when Mr. Pechter, the favourite actor of Parisian renown,
will make his'2oth appearance on the English stage, supported
by Messrs. W. Lacy, Meadows, Garden, Graham, Raymond,
.3forland, Collett, Paulo, Daly, A. Harris ; Miss Rose
Leclercq, Mrs. Weston, and Miss Heath.
- To be preceded by SUSAN SMITH.
To conclude with THE GARIBALDI EXCURSIONISTS

THEATRE-ROYAL LYCEUM.
Soie Lessee and Directress, Madame CELESTE.
THIS EVENING, the performances will commence with
THE YOUNG WIDOW. Mr. H Neville, Mr. J. Rouse,
Miss Hudspeth, and Miss Rose Howard.
Followed by the new drama, entitled ADRIENNE ; or
THE SECRET OF A LIFE. Principal characters by Mr.
'Henry Neville, Mr. John Rouse, Mr. H. Butler, Mr. Villiers,
Mr. G. Vining, Mr. Forrester, Mr. Campbell„ Mr. Clifford,
Mr. J. Johnstone ; Mrs. Keeley, and Madame Celeste.

After which, THE PEPS OF THE PARTERRE.
Scenic Department under the direction of Mr. Wm. Callcoft.
The Music by Mr. George Loder. Principal characters by Mr
A. Neville, Mr. John Rouse, Mr. J. Morris, Miss M. Ternan,
Miss Neville, Missliudspeth, Miss Stuart, Miss Turner, Miss
Douglas, Miss Annie Collinson, and Miss Lydia Thompson.

Commence at 7.

A DELPHI, NEW THEATRE-ROYAL.
-1 Sole Proprietor and Manager, Mr. Benj. Webster.
Engagement for a limited number of nights of Miss Agnes
Robertson and Mr. Dion Boucicanit, who will appear
every evening in the highly successful Drama of " The
Colleen Bawn."

THIS EVENING, THE RIFLE BRIGADE. Messrs. W.
Smith, D. Fisher, C. Selby, Miss Woolgar, Miss Kate Kelly,
skid Mrs. Billhas,rtma.

After which, THE COLLEEN SAWN. D. Boncicault, D.
Fisher, Killington, Falconer, Stephenson. C. J. Smith, Romer.
Miss Agnes Robertson, Miss Woolgar, Mrs. Billington, and
Mrs. Chatterley.

To conclude with MUSIC RATH CHARMS. Mr. David
richer.

Doors open at half-past 6—Commence at 7.
Box-eflice open from 10 till 5.
No charge for booking.
Private boxes, £2 2s. ; Family Boxes,"4l.
Orchestra Stalls, ss. ; Baleony, 4s. ; Front Circle Stalin, is. •
Pit Stalls, 28.; Pit, is. 6d. ; Amphitheatre, is ; Gallery, 6d.