The Sun.
London, England, 1835-09-04 00:00:00

■

_--•
Mr. Goodge said that the complainant had pushed hint,
as well as looked insolently at him.
Complainant—l most positively swear I did not. Leer'
tainly looked at him to provoke a blow—l admit that.
The LORD MAYOR—I see. Then I shall hold you WO
to hail.
Defendant—l hope your Lordship will be satisfied witl
our own rccognizances.
The LORD MAYOR—I shall be satisfied with your
recognizances.
The parties then entered into their own recognizanc
and left the justice room.

HOUSE OF LORDS.-(WEDMV,SDA"

APPEALS.
(Before Lords BROUGHAM, LYNDHURST, DEN: IAV,
DOE ON THE DEMISE OF BIRTWHISTLE V. AGNES 171' IDIDir of
This case arose on a writ of error from tF te Clr'fbe
King's Bench on an action of ejectment, bro a. ght
lessor of the plaintiff in error, John Birtwhistic v. the .0
fendant, Agnes Vardill, to recover possession 1 of eta
lands of considerable value in the county of 7 (ork. 11:0
defendant pleaded the general issue to the dc via t°
Tilt
the action. The cause was tried at the Lent Assizesir
York, 1825, where the Jury returned a special . werdiet:i.
the defendant, which was afterwards argued in fas`e,
Term, 1826, before the Court of King's Bench,, v rherete,
judgment was given in favour of the defet Idant- The gee A
tion arising out of the pleadings and the .special credit an;
judgment thereon is, whether a marriage which took pigs,
in Scotland subsequent to the birth of a-• child there' A
tween the father and mother (Alexander Biro ,vhistle aaln"
Mary Purdie, parents of the plaintiff in err or), both be!
domiciled in Scotland before such marriage, ha s the effec,:
of legitimizing that child so as to qualif f him to ilib,el,/e
lands in England holden by the tenure of fe e-simple ?
of
Court of King's Bench was unanimously of opinion tro
such subsequent marriage did not legitima le such chil° 5
as to enable him to inherit such lands in : England, wbers
upon-the plaintiff brought his writ in error to the House".
Lords, and the case was argued when Lion I Lyndhurst sv
of
tied Chancellor, in 1829, before the Lear ed Judges, th
decision being in favour of the pre vivus. decision of tie
Court of Kin's Bench.
Lord BROUGHAM to-day entered at t 'eat length into tiv'e
points raised in the case. It was no 4 adn aitted that
established rule as to succession acknovs •led Ted by the 015 i
lish Courts decided the present questi 'on. The right °r,
succession given by the law of England, ; mei limited to Pell
SODS born ex justis nuptiis was only c( nisequential'ol)°:,
that status, which regulated many oth( a. rights bathitb
England and other countries, having n u connection god
the real estate. It had been further urged that the ge9unse
upon which a marriage constituted in S c otland, aciOij
ledged as giving right of legitimacy and in% eritance,
be kept in view, and very properly. Mart iage was a ;°l),/
tract, and the constitution of the contract w as recrulate°
the law of the place where it was entered ii Ito. 'The }l,
riage of the parents in Scotland was aclmit Lted to 0°,41,
gitimacy though contrary to the law of England; re,
therefore, the status of the children must hle determine°
cordingly. By the law of Scotland conset ‘V made the bet
riage. The ceremonies did not constitute', ire marriage, 0,
were merely evidence of the consent by w rhich it was be
stituted, and might be proved. Upon th is principle pre
law, which admitted the legitimacy of chili lren born le;On
the celebration of marriage, held, that, by the procrealtr
of the child, and the subsequent celebratic val of the 01,iel,
riage taken together, there was evidence juris tie jure, vif.er
could not be contradicted, that at the time of the prott;
tion there was a mutual consent to marriage , whereulty
was then constituted. His Lordship then reps (erred d
statute of Merton (20 Hen. VII. cap.. 9), w. 101 dlose'
what constituted a bastard in English law ; -aird at the to
of his observations said he was in considerabl doubt.„B-60
the accuracy of the judgment given below, are dhe :0
recommend their Lordships to have a rehearin g of the
for the question involved was one of deep imp( stance.:
Lord LYNDHURST agreed in thinking that the caleksot
of great consequence, involving as it did son to inW°gcot.
legal points connected with the law of marri 'age itd
land, and the consequences incidental to the law as regliroel
the inheritance of property. His Noble an d ;pi
Friend was perfectly right in calling upon their
for a rehearing of the case. I
Lord DENMAN acquiesced, and the case was a et'ercil
ordered to stand over till next session.

. ,
DESPERATE ATTEMPTED SUICIDE. - s
FEMALE.—Between six and seven o'clock on Mondayr.4llll;
Mr. Henry Ellborough, a gentleman residing at 4Sji tlO
James's-street, was riding on horseback by the sic lc °pe
Serpentine river, near the bridge, when he observed a fl!„esil
tably-dressed young female, apparently not more than .16
of age, sitting on one of the seats by the water-side, ct
terly, and wringing her hands. Mr.
,Ellborough, susr f, 010
that the wretched girl intended to drown herself, alighteli o,ls
his horse, and, after watching for some tame unobserve'.'ress.
induced to go up to her and inquire the cat:se of her di St
01
She at first refused to return any answer to the questica 1500
to her, but was at length prevailed on to stAte that her bet
was Sarah Flaxman, and that she had that ',taming 1640'
situation as housemaid in the family of Mr. 'Watson, r'avia
Duke-street, Manchester-square, in consequen, te of her l Fro'
been courted by a serjeant in the Foot Guards, who ha 500
mised to marry her that morning, but who in the. interitueoer.
their last meeting she had discovered was marri( 'd to On bec
Mr. Ellborough earnestly persuaded her to viturn tnsiol'
friends, to which she seemingly consented, and Mr.. Elibutlve f
was walking by her side, leading his horse, inter nling o,le °
her away from the water, when on reaching opposi'te
the notices put up by the Royal Humane Society, cau'i,ier
persons bathing to beware of the great depth of tl r-stelii
that part, the young woman read it, and then sudde o:Yhorse,'
ping on one side rushed to the bank, and precipatt rotig..s
head foremost in. She immediately sunk. Mr.. E1i11°,..051w:„
at the greatest peril of his life, as he could not: swin
into the water with his clothes on after her, and succe ,e,er ergot'
catching hold of a portion of her dress, and dra wing ."13,00,
She was directly carried to the Society's rec eivinriroe
where, by the prompt and efficient application crf the toiieil
remedies, she was eventually recovered, and aftuicarcis
into the care of her friends. 111$

MR. QUIN'S " STEAM VOYAGE D0W14„059,.11:
DANUBE."—" The Danube is one of the most 'Pletoo-
vivers in Europe. It is bolder and more diversified t ino,
Rhine, and has quite a treasury of legends, and 1:°11j-t We.
structible scenery, which well assorts with the willeei
of the Teutonic races. It is yet but little known to tile,iters;
ral reader : its rafts and its rocks, and its surgialit.
sometimes leaping like a cataract, and sometinteo„;,,iLl"
into a murmuring stream in the shadow of the aoill"
banks ; its stories of German terror, and Germa
the mixed races that rise on its varied course, its 11.11,6
of plunder and aggrandizement, of pirates, and pill rtailis°
pleasanter book than Mr. Quin's we have not met vi)OLsbie.
the season, and we may add that it is exceedingly I'S'
—Atlas.
(ADVERTISEMENT.)
POWERFUL MUSICAL BOXES, igito Altp*r
cases, 12 inches long, by 5 inches wide, each playing ricere44o
with the music finished in a very superior manner, are °:,,itb7,,g
Five Guineas each. Also a few of the same description, Woric'
Airs, price Seven Guineas each, at T. Cox SAvolr'spoolo!4
Silversmith, Goldsmith, and Watchmaker, 47, Cornhill, e 011,
N. B. The small musical boxes, 3i inches long, contini tttv
in tin cases, price 19s. each, or in composition shell eases.'..d
each.

BIRTHS. , d si_ ,y
On the 29th ult., at Dowlair, Lady Charlotte Guest, of
On the 30th ult., at Holyrood Palace, the Lady Sari" ' ti.
bell, of a son. 0/.
On the 29th ult., at Shapwick, Somersetshire, the lad,' °
_lf
Strangways, Esq., of a son.
Ar the' eV
On the Ist inst., at the vicarage, Harringworth, ~or,_ ght te,
shire, the lady of the Rev. John Benward Travers, of a c''', Astga
On the 2d inst., the lady of G. H. Hoffman, Esq., °I ' ire°
of a son. AP •
On the 2d inst., at Leamington, the lady of Biggs
Esq., of a daughter. fin,
.„,hl4'
On the 3d inst., Mrs. C. Rogers, Dorset-square, of aiettio'
On the 3d inst., at Peckham, Mrs. Charles William "
Ss9
of a son. iie''
On the 3d inst., at Balham, the lady of George Barr°
ef tPi
of a son. ife
On the 241 inst., in Albion-street, Hyde-park, the 0
_,..,
Rev. Matthew Kinsey, of a son. -----.
Fre'
MARRIED. job" titer
On the 3d inst., at St. George's, Hanover-square, oug
derick Isaacson, of Norfolk-street, Esq., to Emma, eldes 40.
of Thomas Pritchard. of High-row, Knightsbridge, E,sq.,,tain —,,ter
On the 3d inst., at St. George's, Hanover-square, '-'atr mug
-
Mason, 4th King's Own Regiment, to Emily, young°. F(l.'
of Rear-Admiral Stuart. est°.
On the 3d inst. at 111arylebone Church, Theodore 10 5(1! the
M.D., to Elizabeth Eleanor, daughter of Arthur Seguin'sbire' 01
On the 2d inst., at Westbury-upon-Trym, Gloucestlaughter
Rev. John Burder, M.A. of Stroud, to Sarah, eldest ' or
the late Andrew Pope, Esq., of Cotham, near Bristol. v. of 'or
On the Ist inst., at Hillingdon, Mr. Thomas Man La r-'ll.oe
bridge, to Miss Elizabeth Metcalfe, of Trench Ball, nea •
eve ~
,
worth Castle, Durham. N• --- n
,0'
vv. On the 3d inst., at St. Bride's, Fleet-street, Mr. "fr. C. •
of Shoe-lane, to Miss Hansard, daughter of the late
sard, of Chatham-place.
060'
DIE. e .
On the Ist inst., in Park-crescent,D
Portland-place' cieln
act'
Countess of Airlie. f proir
On the 30th ult., Ann,. wife of Mr. Henry Hewitt' ° itl.'
place, Southwark in her 62d iy,,er,
On the Ist inst. ~
Matilda Elizabeth, only child of John eof
of Walthamstow. isa the wif
On the 3d inst., at Perry-hill, Sydenhim, L0'1"- ' MO
q '
Mr. George Tinson, of Meeklenburgh-s uare. ar, '
On the 2d inst., at Leamington Spa in her 76th YeTharneo;"
relict of the late Rev. John Cundall, oiKingston-uP°°-of Se
On the 2d inst., in his 80th year, John Nesham, Esq" hhe'
place, Brixton-road. orP.- d
On the 214th ult., at Heslington West, near Malt°T XL, 'at,. e
Miss Dolly Baldwin, eldest daughter of Dr. Baldwin, ill
Preston, Lancashire, deceased.
°fr';
.., N G ,
tot,
- _ ____
London : Printed and Published by MURDO Y 9,1, the c°
112, Strand, at The Sun Office, No. 112, Straw,
of Middlesex.

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