The Sun.
London, England, 1826-07-25 00:00:00

SUMMER. ASSIZES.

SHREWSBURY.
lI.OXp v. TASSINQIIAM.
Mr. Justice Burrough remained on the bench until near
I o'clock on Saturday night, when he adjourned the
!ourt and left the Associate to receive the verdict. At
tlf.past five o'clock on Sunday morning the jury re-
irned into Court, and found a verdict for the plaintiff.

IRELAND—KILKENNY, Jews 20.
CORY v. BRATIOVAITE.
An action by a board and lodging house-keeper, to re-
over for the maintenance of plaintiff's wife during her
eparation from him. The question was, whether the wife
vas justified in leaving her huslrand:
Mr. Shiel—The sum claimed by the plaintiff is incon-
iderable ; but there are circumstances incidental to this
ass, which invest it with a painful interest. The maiden
fame of the defendant's wife was Devereux. About six-
een years ago she married the defendant, who belongs
o that species of spurious gentry, known in Ireland by
he name of gentlemen farmers. Miss Devereux had a
brtune of 1,000/. Their union was not happy. About
yeitra after their marriage, the jealousy and harsh-
less Of her husband compelled her to leave him. But
ifter a separation of about three months, her religious
'eelings, the remonstrances of her relations, and the in-
fluence of a Roman Catholic Clergyman, induced her to
return to the home which she was accustomed to call—
but which is no longer her home. An allowance ought
to be made for harsh and hasty phrases, which may ho re-
garded as the mere ebullitions of constitutional irritability,
over which there are men who have no controul—if nothing
more could be laid to the charge of Mr. Brathwaite than
that be had occasionally given vent to his spleen, in cul-
pable but not unpardonable languag.e. But, Gentlemen,
there is a cast of diction, and there is a character in mere
language which afford ii deep insight into the mind, and
indicate a settled ferocity of nature and a permanent savage-
ness of heart. It will be distinctly
.proved, that Mr.
Brathwaite, with an uplifted paler, grasped by his power-
ful hand, threatened to strike his wife dead. His ordinary
ejaculation was, cc that provided she went to the devil he
should die contented." Ile cheered himself with a conso-
latory reflection, that if he murdered her, the jealousy with
which he affected to be inflamed would afford him a defence.
Ile was also used to give expression to his conjugal affee,
miens by indulging in the amiable aspiration of " That she
might be damned for a Papist —." Mrs. Brathwaite,
Geatlemen, 'is a Roman Catholic. There was a peculiar
felicity in the form of expression into which he threw his
tender emotions—for after a due quantity of imprecation,
he prayed to !leaven for an opportunity " of knocking her
blood and bowels about." It is right that you should, be
apprised that Mr. Brathwaite was wont to suit the action
to the word. The scenes detailed in his brief would fur-
nish valuable hints to a painter of domestic life. The wife
of this savage (what other natne does he deserve ?) stood
trembling before him with her infant child in her arms,
whilst her ferocious husband brandished a chair above her
bead, with which he threatened to dash her to the ground.
It would be proved, that on one occasion he flung a piece
of furniture at her with such violence, that it was smashed
to
.pieces against the opposite wall.-1 understand that it
is intended, upon the part of the defendant, to justify his
conduct by proving that his wife was addicted to the sin
of spirituous liquors.—l shall say but two words with re-
spect to this line of defence. In the first place, this charge
against Mrs. Brathwaite is utterly unfounded; and,. in the
second, I submit to you that the man who can deliberately
institute his defence upon such a ground, deserves the
most unqualified reprobation:— What opinion will you
form of such a man r) Your verdict will, I trust, exem-
plify your condemnation of such conduct. Upon that con-
duct I. shall not indulge in any further expatiation, but
proceed at once to produce the witnesses, by which I en-
tertain no doubt the plaintiff's ease will be established.
i,,?vitlence was given of the' residence of defendant's
wife in t 's house, and of her separation from her
husband.
Joanna Devereux examined by Mr. Shiel---1 am the
sister of defendant's ' wife. She hail a fortune of 1000/.
Was married 17 years; has nine children. 1 resided with
my. sister and her husband, in September 1822, and re-
mained in the house for nine Months.
In what manner did Mr. Braithivaite conduct himself
towards your sister?
The witness, who upon her first appearance on the
table looked extremely inildt and excited great interest by
tlas combination of beauty and intelligence by which her
face waft distinguished, now exclaimed with vehemence
The conduct of Mr. Brathwaite towards my sister was
base, savage, and heartless.
Do you recollect any particular instances?-1 do.
During her confinement she was left without necessary
sustenance. , I have seen Mr. Braithwaite repeatedly lift
up the poker, and threaten to dash her brains out.
Did you see him do any thing else exhibiting the sa-
vageness of what you have spoken ?—Yes, he used to
seize a knife, and threaten to stab her ?
Any thing else ?—He used to say he wished the devil
had her, and that if' he took her life he would be safe,
because a jealous man could not bo hanged.—(Loud
laughing).
Do you recollect any other expression ?
Chief Baron.—l know what you want to get out of her,
Mr. /Thiel. Well, Ma'am, we haVe had a pretty good spe-
cimen of domeitie endearment. Have you any thing more
to say ?---My Lord, lie was a base man.
But don't you renieinber any other expression—any
wish intimated by him with respect to Ida wife—any thing
about knocking
Chief Baron.- Tbat's a hint at all events ; come answer
the question.
0, yes, I recollect now.
Chief Baron—l'll engage you do after the jog given to
your memory. —He used to say that he would knock her
blood and bowels about; .and that he would like to Aimr
her, and ,kick out her sides.—(Loud laughing.)
Chief Baron—l believe you have now got what you
wanted.—That will do.
Cross-examined by Mr. Richards.—By virtue of your
oath, ~was not your sister addicted to gross drunkenness ?
—By no means—it is a gross falsehood.
Did She never use spirits inunetimes; but never ex-.
rept when her constitution required it.—(Laughing.)
She considered whisky a great restorative IL-When she
was sick anti weak, and during her confinement, and when
she was nursing, she occasionally took spirits,
,but never
except when it was nOcelmtry.
By virtue of your oath, did riot your sister, without her
husband's knowledge, sell the sisal and potatoes in order to
buy spirits ?—Never.
Chief Baron.--Stop, Mit'arri--1 want to ask you a
question before you leave the table. Were your sister ,
and her husband always engaged in these agreeable dia.
Putes
Lord, he was always abusing her.
• 9—My
But after their squabbles, used they never to get fond
of each other--Not to my knowledge.
You spoke just new of a little baby of five months' old.
I low did that little baby contrive to get into the world
unless your sister and her husband at times suspended
their altercations ?—Oh, my Lord, you ask such Strange
questions.—(Laiighittg.)
They must have been now and then better friends than
you give us to understand, Ma'am.
Here the witness, suffused with blushes, putting up
her band to her face, began to
_giggle, to the great mer-
timent of the whole Court.--Gave no answer, but left
the table.
Thomas Latrissy.—Lived in the house. with defendant
and his wife; but, as be said, was not given to listr ning;
It was. not his business to mind his master or nusttes
when they used to be in their tantrums.
Have you ever witnessed any quarrel between Bra_th-
vaite and his wife ?—One evening he came name fate
entirely, and Wad there was a bad fire"'"'so he did; the