The Sun.
London, England, 1835-08-25 00:00:00

HOUSE OF LORDS.

APPEALS.-THE HON. DAME ANNE DOSCAWEN OR WARRENDER
V. THE Hog 7. SIR GEORGE WARRENDER.

This day at three-quarters past two, Lord BROUGHAM pro-
ceeded to give judgment in this case, and had read over the
preliminary statement of the facts and pleadings of the ap-
peal (which was gone through in May last,) when
The Earl of FALMOUTH begged leave to suggest to the
Noble 'and Learned Lord who was pronouncing the judgment
of their Lordships' Hottse, the propriety of postponing the'
further reading of it in the absence of another Noble and
Learned Lord at present out of town, who had hitherto taken
a great interest in the case, and who, from the short notice
given by the Noble and Learned Lord now presiding, could
not possibly be aware of the delivery of judgment then taking
place. The appeal was one of considerable importance, in-
volving as it did a decision bearing on the Scotch law of mar-
riage, in which the public must be deeply concerned, and on
the bearings of which he understood there was at this moment
some important differences of opinion among their Lordships
who had taken the trouble to attend to this appeal. In mak-
ing this suggestion to the Noble and Learned Lord, he was
solely actuated by the desire that his judgment should be given
in a fuller House.
Lord BROUGHAM said—This declaration on the part of the
Noble Earl, occurring as it does at such a time, places me in a
very painful situation. lam accused of indecent haste in this
judgment. Now, I have in my possession a letter from my
Noble and Learned .Colleague, to whom I sent a copy of my
judgment, stating that he entirely agrees with me in opinion
on the case, excepting only the trifling point of—( Here some
interruption at their Lordships' table occurred.) Lord
Brougham continued—Yes, my Lords, I am virtually charged
with giving a hasty and unfair judgment, in a case which has
undergone the most deliberate hearing and careful considera-
tion—a case in vvbielsi if any other person were concerned,
judgment would prehabiy have been given three months ago.
And this charge comes from a Noble Earl who did not hear a•
word. of it. He evidently wants to have a new hearing in this
case before the Chief Baron of the Exchequer and, other
Learned Lords, and so to lay the foundation for a new judg-
ment ; but it is impossibly by the law ,of England to have a
new heariiig insthe circumstances of the present case.
The Earl of FALMOUTH only wished to secure more pub-
lieity.for the very imp9rtant judgment.
The Earl of MA:- SFIELD said that, perhaps, on considera-
tion the Noble arid Learned Lord would acquiesce in the pro-
priety of- acceding to a short delay ere he delivered his final
judgment on this appeal. •
Lord BROUGHAM said that every day's delay might be of the
greatest injury to the respondent. In the present aspect of
affairs the session might. be expected to close in a few days,
and their Lordships might put off judgment till May. Now,
I shall certainly not allow such a course without offering
my protest on the whole proceedings. Your Lordships may
move on the Noble Earl's suggestion if you will, but I shall
vote against it. (His Lordship here took his seat on the.
Woolsack.)
The. Earl of FALMOUTH proceeded to explain (in a very
low voice) his views of the advantage of a short delay, when
Lord BROUGHAM interrupted him, and, starting on his feet,
exclaimed, I now feel myself driven to the painful necessity of
asking the 'Noble Earl, as he perseveres in this course, of
which I clearly perceive the object—l will now ask the
Noble Earl, the brother of the present appellant, if he has not
spoken to other Noble Lords, with a view to interest them in
the result of-this case? And, in particular, I will ask has he
not applied to Lord Abinger, the Chief Baron of the Ex-
chequer ? (" Oh, oh.")
The Earl of FALMOUTH arose, in great agitation, and so-
lemnly declared that he had never done what the Noble and
Learned Lord imputed to him. The Noble and Learned
Lord had done him great injustice. ,
Lord BROUGHAM understood the request to Lord Abinger
and others to be, " to be present at the re-hearing."
The Earl of FALMOUTH.—No ; not a rehearing, but at the
judgment.
Lord BROUGHAM said that the effect would be the same, for
that Lord Abinger would ask for a rehearing.
The Earl of FALMOUTH explained—He had only stated his
anxiety that there should be a. judgment with full notice, se
that many of their Lordships, now out of town, who had
previously attended, should have the opportunity of being
present. - '
Lord BROUGHAM believed that Lord Melville was the only
lay Peer who attended throughout the appeal, and had entered
into it sufficiently to take part in the judgment.
The Earl of FALMOUTH did not want to interfere with the
judgment ; but he did want the presence of Noble Lords who
had taken an interest in it throughout, and who could not have
all received timely notice of the Noble and Learned Lord's
intention to proceed at half-past two to-day.
Lord BROUGHAM exclaimed against the alisurdity- of this
avowal in an individual circumstanced as the Noble Earl was.
Did any mortal ever dream like the, Noble Earl of taking
part in a judgment in a case in which be was a party? He
could tell the Noble Lord that his present attempt was of all
others best calculated to pull down the appellative judicature
of that House.
The Earl of FALMOUTH must stop the Noble Lord, he could
not allow such imputations.
Lord BROM Asi was proceeding to observe that where Judges
were canvassed—( Here several of their Lordships' voices were
heard in earnest commentary on the conversation.)
The Earl Of FALMOUTH declared with great warmth, " I
cannot see those most near and dear to me the subject of—
Lord BROUGHAM, in a loud voice, " Hear, hear." He then
rose from the Woolsack in a state of great excitement, and
exclaimed, " Now the secret's out I The cause of the Noble
Lord's anxiety in this affair is avowed to the House I This is
no longer a Court of justice, nor anything like it. I will
therefore postpone any further proceedings connected with the
judgment under such an aspect of affairs, and enter my pro-
test against whatever may be done in it afterwards. Only for
the Noble Earl's indiscreet avowal the public would never
be led to imagine that a brother of one of the parties could
think of sitting in judgment on a case in this House.
Such a thing would never enter into the head of any Judge
in the Court of King's Bench, or any other Court, where
a brother or sister was concerned in the judgment to be
given. He would rather be in any other place than on the
bench at such a time.
The Earl of FALMOUTH rose to explain, labouring under
deep emotion, and said a few words which were inaudible be-
low the bar. _ _ _ _ _

Lord BROUGHAM must repeat that the Noble Earl's pro-
ceedings to-day contained the most unheard-of, extraordinary,
and all-but-fatal interference with the course of judicial pro-
ceedings in that House, which ought to be an example to the
whole country for purity and integrity.
The Earl of FALMOUTH said that the Noble Lord had
treated him most unjustly. He had been totally misunder-
stood by him, and his conduct and intention most erroneously
attacked. _

Lord BROUGHAM would not postpone the judgment; it
would be a suicidal proceeding under the circumstances.
He should oppose the motion if it were persisted in, on the
ground that Lord Lyndhurst was present during the argu-
ments, and had coincided in the judgment in writing, and
that no necessity existed of waiting for him to be present at
its delivery.
The Earl of MANSFIELD proposed that his Noble Friend
should be allowed to withdraw his motion.
Lord BROUGHAM could not allow the motion to be with-
drawn, and the matter to drop there. Looking to this day's
experience, he declared his intention to revive the Bill that
he had formerly prepared, for the purpose of giving the ap-
pellant jurisdiction to the Privy Council, where no brothers
or other persons interested would be allowed to be present as
Judges.
The Earl of MANSFIELD then moved that the House should
adjourn.
The Marquis of LANSDOWNE suggested that a postponement
should take place to a day at the shortest possible distance
from the present.
Viscount CANTERBURY supported this view of the subject.
Lod BROUGIIAM—WeII, I shan't say no. The Noble Mar-
quis has put the proposition of postponement (say till to-mor-
row) upon•a very tangible ground, and I shall allow the Noble
Earl to withdraw his motion.

On the suggestion of the Earl of Mansfield (we believe),