The Sun.
London, England, 1835-11-24 00:00:00

KING'S BENCH.-(THIS DAY.)

NOVEL CASE—EX-TARTE GREENHILL.
Mr. Sergeant TALFOURD appeared to show cause against
a rule obtained by Mr. Sergeant Wilde, to set aside ac
order made .by Mr. Justice Patteson to deliver up three
male children, of between the, ages of five and a half
and
two and a half years, to the custody of the father. the
would feel no difficulty as regarded either the law or the
practice of the case, but he felt that there were difficulties
which necessarily arose out of the circumstances, and i"
which all the best and finest feelings of our nature wereconcerned. It was impossible for Mr. Greenhill to -vicar
cate his character from the aspersions that had been eot
upon it, and which had pronounced him unworthy °f
having the charge of his own children—it was hopossible
for him to vindicate himself from chargei wb
armed all the best feelings of human nature against 11101'
without bringing the present unhappy matter before their
Lordships. The hardship of the case was, that when the
facts were presented by a powerful mind, they were t!'"
fortunately coloured by representations most deeply
11
rious to the character of Mr. Greenhill. He did not
these observations complain of his learned friend, but the);
were some of the difficulties which naturally arose at et
the circumstances of the case. He would now shortlyi
state to the Court the facts upon which the decision °
their Lordships would depend, without entering unneees:
sarily into the details set forth in the affidavits on bon'
sides. It appeared that this lady and gentleman had be,ce,
married some years, and it was nearly true, as stated on the
other side, that the lady had a fortune of 10,000/. ;
tb
fact being, that Mr. Greenhill had received 5,000/. on
marriage, and Mrs. Greenhill was entitled to 5,000/. more °,°,
the death of her mother. But it mattered little Whether theln°'
had a fortune of .50,0001., or whether she brought no other
dowry than her beauty and her virtue; it was enough that tho
lived happily for several years, and were blessed with three
children, whose case was now before their Lordships. Thej,
residered at Noel Hall in Somersetshire, and in the re°"
of July last they went to Weymouth ; and Mr. Greenhill
was sometimes absent in his yacht, occasionally taking 14rsit
Greenhill with him. Shortly afterwards Mr. Greenhill le.
Weymouth for London ; and on the 24th September, In
Greenhill received information that her husband had fora'
e
a connection of an improper nature with a Mrs. Grahall.
Mrs. Greenhill naturally felt great indignation ; but, witty,
out further inquiry or explanation, on that day she left ",-
husband's house, and having sent her brother, Capt. Mau:
nald, to fetch her three children, took refuge with than
her mother's house at Exeter. It was stated that Mr.Gree"'
bill had left his wife in a state of miserable destitution;
but such was not the fact. Accidentally she bad
die
much money, and her husband sent her a small
of .5/. on her application ; but be left her in full and Pei?'"
feet credit, with a family of guests in the house, and Su
sequently paid nearly 300/. for the couple of months thelYe
resided at Weymouth. An attempt had been made 00 te
other side to allege that the visit to her mother was by for
sanction of her husband, but this was not true ;
although they had been invited to her mother's, there v",l
no intention of going on Mr. Greenhill's part, and he bate
actually taken a lodge for - twelve months in the Reg;ll:,.
Park, which he bad brought Lady Chambers and "'`,-11
S
M'Donald, two relatives of his wife, to look at. `l,'"e,
was the state of the case between the parties.
hearing of the unhappy connection her husband L'1"1.
formed, Mrs. Greenhill took her children with Pe,'
and left her husband's house ; and she now seek'ei,
retain them, not denying him access to them, but "i
drawing them altogether from his authority and COntrec:
The question simply then was, whether the eircurnstriep
of the husband being engaged in an intrigue, wool"' or
point of law, justify Mrs. Greenhill in taking possession r
the children. Overtures had been made by the defend";
but they had not been accepted, and statements of °`,11.,
tures on the other side had been made, which were usi'
tinctly denied by the defendant. A writ of habeas coif r,
to produce the children having been moved for before
Justice Patteson on a simple affidavit of Mr. Greelir,
a postponement was requested by the other side. go
Chambers, the uncle of Mrs. Greenhill, said the chilfir
were at his residence at Coram-street, Russell-square, ' a'of
would be forthcoming at any time,, and the attendanqtb,
Mrs. G. and children at future hearings was dispensed
The second hearing came on, and be regretted that it Otlie
hostile one on bath sides ; it was unfortunate that
to
suggestion of the Learned Judge, that some arrangec'eby
should be made, had not been acceded to, and thcrely
prevent those unhappy disclosures and that painful
Pia
licity which may prevent -a future union. On the 000
day there was a hearing before the Vice. Chancellor'
de'
petition founded upon _the same affidavits, and the u„o
ciston of his Honour was that no case for his interfere n:3
had been made out. This having failed, his LOOl,
Friend, Sergeant Wilde, then moved for the present Old
If this was not a case in which the Court of Chalic.
could interfere, possessing as it did an equitable jurist
tion as Parents patri. • if that Court could not interte'.l
a fortiori, it was not a case in which the Court!,
King's Bench could interfere in arresting the eaurse pi
writ of Habeas Corpus. The Learned Sergeant 1)71;
ceeded to cite several cases in support of his ar,g4
ment, which we can merely enumerate, Ist Blackstone, 4;:t0
—the " King v., Manningen," sth East 220—ex-P3 e,
M'Clelland, Ist Dowling, 81 ; ex-parte Skinner, 9th Mlle
278 ; and the celebrated decision of Lord Eldon, is
case of Wellesley v. the Duke of Beaufort; all of whi;o
fully bore him out in asserting that there was nothing
t`
the present case which deprived the father of his rig
h
authority and control over his children. the
Lord DENMAN said there was a strong inclination ocli.cb
part of the Court to suggest some arrangement scel rt
' would prevent the case proceeding further. The Goole
were inclined to direct that the order should stand for her
delivery of the children to the father, allowing the tOt
' access to them at all reasonable times, and without Prei
dice to the rights of the parties. •
After a lengthened discussion, in which Mr. Sergelat
Wilde, the Attorney-General, Sir William Follett, °le,
Mr. Platt, made some observations in support of the 112013
11?
it was arranged that the further hearing of the case 'pet
stand over till to-morrow, and that, in the mean t'`,lo
counsel on both sides should endeavour to fix upon sl-sco
eligible place in which the children might be properly tli•cty
care of, and in which the mother could without impror
visit thern.—Rule enlarged till to-morrow. •

EXCHEQUER COURT.-(THIS DO.

ROBERT'S V. WILLIAMS. Oi
Lord A BINGER said the question for the consideratiellee
the Court in this case was, as to the sufficiency of a °°t,,lbo
of action served upon a Magistrate. The attorner,,„
signed the notice had offices in the borough of Rutilbo•
while his dwelling-house was without the limits of the 0
rough. The question was, from which the notice sbe,lot,
-be dated. In the absence of any decisions upon the Pe„ce,
the Court had inquired and found that the general prac-at•
and with good reason, was to date from the office of °oaf
torney. Take, for instance, the case of a partnership /.00'
consisting of three attornies, with offices in the City of Y 4.06
don—all the three having residences in different parts I'ol
county of Middlesex—unless their notices were to be eon'
from their place of business, it would give rise to much c
fusion. The rule in this case must be discharged.
THOMAS V. SHILLIBEER.
This case was tried before Mr. Baron Bolland 00 -TV
nesday, when a verdict was found for the defendant.
facts then appeared in The Sun.
Mr. CROWDER this morning applied for and obtaitieue
rule nisi for a new trial, on the ground of the case ea,t;
ing been properly left to the Jury by the Learned-Jul*.
AGAR V. BLETHIN.
Mr. Sergeant LUDLOW appeared to show cause t2P-,
of
rule calling upon Messrs. Manningford, the baniqrh-ic,)
Bristol, to pay over to the plaintiff the sum of 500/•
had been lodged in their hands by the defendants, as ",;•110
tees under the marriage settlement of Mary Burdoelt, The
was hung for the murder of Mrs. Smith at Bristol—
Learned Sergeant said his clients did not show cause an. ing
the rule—they had the money, and were perfectly `.ill
all
to dispose of it according to the order of the Court that
they had now to ask was that the Court would order tlie
they should be paid the costs they had been put to bletiol'
contention of the parties. First there was an en-tlier
brought against them by the defendants ; and on tile 'atile
hand, the plaintiffs also brought an action for the, seder
money—they applied to the Court under the Interebenv
Act, and the parties were left to contend the matter tn,rti
selves. It was settled in the Courts of Equity that 3 rirol/1
under a bill of Interpleader was entitled to his costs
the funds.
Mr. Sergeant MEREWETHER appeared upon f*l'd
rule, on the part of the defendants, the trustees 0' A 015
Burdock or Agar. He contended that as the husbay'roel'
now clearly to take the money, after an absence of foe
years, during which time he left the woman to do we (Pe
she could, he must take it, subject to all its liabilities:l.lrd
of which was the costs which the defendant had
in the defence of the woman. The money was left
a person named Wade. She proved the will bile her
to
without any interference by the husband. 'CP°
to
marriage with Burdock, she made over the nil Pr
the defendants in trust for herself and husha° riar
life, with remainder to the children of the roar eve
When she was charged with the murder sbe,,feace;
orders to the defendants to take steps for the cliodgeo
and gave them an order for the money which was boll'
in the bank. They applied for it, but was refused
,;,e cle'
ever, the defendants took all the steps necessary for t',ool
circa
fence, under her continued orders. Under all the tbes
stances of the case, he trusted the Court would ordforA,
necessary incurred expenses, to be paid out of the .ial;f tlO..
Mr. EARLE appeared for the plaintiff. Ile sai_,Oci
defendants had been. inclined to act in a bona fide