The Sun.
London, England, 1819-07-17 00:00:00

CORONERS' INQUESTS.

DRRADVIIL SUICIDE.-1 hursdny afternoon an
inquest
,was held in an apar!men; at the house of
Mrs. Wakefield, No. 15, Northumberland-street,
Strand, before A. GELL, Esq. on the body of Mr.
Henry Lack, aged 40, Nay Agent, of Lower
Brook-street, Grosvenor•sqoare, who shot him-
self through the head with a pistol at the above
horse, where he rented an apartment as an office
for his professional avocations. Verdict—" The
deceased committed the act, being in a state of
insanity."

ANOTHER DRBADEUL Sulcmr.—Yesterday an
inglivbt %v as held ea the Prince of M,vklenhurgh,
James-street, Ni-oichester-square, betore Mos.
STIRLING, E.,q. on ti,e body of Mr. Jones
Bollow, aged 40. who put an end io his cxi: ence
by cutting his throat with a riz r,, by tvhich he
nearly severed his head from his body. Verdict—
" Lunacy."

SHOCKIVG ACCIDFNT —An inquest was hsidfit
the Coach and. D. vies steer,, Bes heir v-
,q.iarc, before Mr. HIGGS. Cotner, on the b .dy
o- Thomas Topswell, ti.e year., rs!- se, I ap.
peared,that about six o'clock roi Wtdoei,dav nieht
the carriage of Mr Milligan, of Witnpule-strest,
was going through Ds irs-sn yes at ill, tare of
foist miles sin hour ; cArts, which were
in the street, made way for it ; the dereded was
playicg its the street, and was knocked dos n by
the horses ; the wheels passed over his head- and
ft actured the skull, which caused de4ih that
evening. The coachman did not tee Its.• deceased
till he was called to, atter the accident. Verdict-4
Accidental Death.

CHILD STRALER DETECTRD..--A woman of de.
cent appearance was detected yesterday afternoon
in stripping a child, in the fields at the back of
Somers' Town, which proved to be the son of
Mr. Wilbrahaas, of Brill-street, about five years
old. She was lodged in custody, and the child,
which had been seduced by some cherries front
home, was restored to his disconsolate parents.

On Tuesday evening Mr. GREY, silversmith, in
King•street, Holborn, left his shop about nine
o'clock,withoot any person in it, and before his re-
turn, at eleven,his shophad been broken open, and
robbed of plate, watches, &c. to the amount of
above 5001. He feat nett front a tradesman opposite,
that one of his family had, a few minutes before
eleven, seen two men issue from his house wi
bundles ; and suspecting they had been robbing
the shop, informed a watchman, hot the trusty
guardian of the night refused to examine the ore-
:plies, or pursue the robber, because it was off his
beat. The 11.,ck of the door was forced, and a
chain which fastened it was cut asunder.

Yesterday morning, as an elderly lady, with het
niece, were walking over one of the fields adjoin.
ing the Oxford-road, a large dog.apparently mad,
came running furiously at them with its jaws ex-
tended, when nothing could have saved them
from destruction but the cool courage and des-
terity of a Danish Gentleman, (author of hi e
Travels through France alid Germany) who, see-
ing the dan,zer they were in, plated himself itt
front of the dog, and wrapping his silk handker-
chief round his left arm, thrust.it in the animal's
mouth, at the same time seized his fore legs with
the light arm, which caused tint to let go his
former laid, when instantly the Gentleman with
both his isms whirled Ins enraged' u,ongonist
in the air and dashed it to the grotiod. depriving
limit of all sensation, and by stamping on his
head pre-vented the possibility of further miseitief„

BIRTH.
On Wednesday night last, in Grosvenor•square, Viscountess
F.brington, of a son.

MARRIED

On the 10th inst. at Enfield, by the Rev. Henry Sampson,
,lames sands, Esq of Westminster, to Miss 'fi:.be Fleming,
of the former place.

DIED.

On the 13th inst. in rpper Seymour-street, in his 75th
year, the Rev. Wm. Pert %, II.V. Hector of St Paul'. Ch irch,
chadtiton, South Cdro•_ina, anji formerly of Q4cea's-squtro
tharcl, Wystoliuster,

, .

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JULY IG.

Sittings ,after Trinity I'ei•m before the Lord Chief Justice
and a Common Jlll.l/.

ASSAULT.

ERODES V. LEECH.

This was an action for an assault, committed
-by t'•c defendant on the person of the plaintiff,
on hoar') the East India Company's ship the Or-
well. The defendant pleaded, first, that he was
V; and, secoadiy, that the assault was
connoitied in the ordinary course of ronislitnent,
by reason of the mutinous, disorderly, insolent,
and ithproper conduct of the plaintiff, and of 10
neglect of duty on board the said ship,'Of Which
the defendant was Captain. The plaiutiff, replied„:
'bat he had not acted in the manner imputed to
bins, and thereopoo issue
.svas joined. •
:t_fatst.t,:iT stated the case to the Jury. He
that.the 1%1411114 had beea a midshipman iu
v's Spin ire, and was highly connected
hr birth inircninvxfons : but in conseqmnice of:
the peare, I e'was an sinus to employ his time to
-advairtage; and accordinglylte• engaged as grin•
Per's -mate on hoard the Orwill. 'fi=at ship sail-
ed o China aud hack under the command of -the
fetidant.:•. Duriog the -homeward voyage,: the
sloth of provisions became ex tau and at la at
11°'Iritlg Is:Maim:al for the crew hin rice and pease.
When, tbc ship arrived its Margate-roads, the
„plaits:tiff •wished, to clean sonic ot, the gnus ; the
men complained of weakness, owing to the want
of ',weer and sufficient,,fmid,„
,and ,the plaintiff
himself' then eudeavoured to go on with the work,i
hut was unable to do so. 11-,.k told the mate (not
4neaning,:however, that it shunts :be commoni-
'eater/ rn the Captaii,), that tiie species of food
'which he-bad had for sevvraidaYS' had reduced his,
strength so much, that he could .not -move efie
guns. The Cantairpcame on deck,-charged biml
with mutiny, anal made. preparations for flogging
wheh the plaintiff, preferring a watery grave
to such ignominious punishment, jumped over-
bo.lri. The Captain, instead of feeling remope
for this occurrence, expressed a savage plea:gnre,
'at the fee of theplaintiff, and when some of the
;Crew wished to save:him by putting the boat out,
he saill;‘‘ Olt, damn him, let bids go!" A Deal
Boat, howcver, took him up,,and brought hint to
the side of the ship, when the captain ordered
him to be dragged tip by a rope, and desired the
boatswain to flog him. Eighteen lashes were
inflicted upon him, tvhile the Captain stood by,
and desired the officer not to spare The
Learned Counsel said, that he should prove this :
case to the satisfaction of the Jury,, and should
then leave then: to award inch_ damages to the
ISlaintiff es the injury required.
FraMis Hallson, gunner of the Orwell, deposed,
that Captain Leech, the dCesidant, was tier Com-
islander on"tbe la,t voyage. On the 4th of May
last; they tette off Margate. The plaintiff and
sonic of the men had been employed about the
guns. Witness saw the Captain on the deck in a
sage; he saw him strike the plaintiff, and then
beard him order him on.the poop. The first mate
Was-on the qoarter-deck at that time. The Cap-
tain desired the boatswain to turn the hands up.
When they came on deck, it was understood that
the plaintiff was to be flogged. An alarm was
then given that he was overboard. A Deal boat
picked him up, and brought him alongside. He
could nor get tip, and the defendant-ordered burn
to be hauled op by a rope's end. He, was Cold
bpd complained to the Captain that
' Lie was not Well, 'Lie Captain said'he would make
tin example of him. He had said that he was too
weak lb -level the guns, as be'had not had a suffi-
cient quantity of victuals. The Captain ordered
him to strip ; and if he could- nor strip, the Mas-
her. was desired to cut his clothes! off. He was
;tripped, and.received eighteen lashes from the
boatswain. The Captain stood by at the time,
and said.!` You have got a rascal there; do your
quiy:" Witness did not know that plaintiff had
be,,-,n n Midshiparan before ; but I Jac always ob.
sierved that his conduct was very obedient and
proper. There had been a short allowance for :a
fntnight or three weeks before ; they lived on
;ire it'd peas, having no bread or meat.
Field; servant to the • surgeon of the
ship, Was below when th.e hands were ordered up
for punishment. When he got up, plaintiff was
no the poop, and' the Captain on the quarter-deck.
Ide heard him order the Masterat-Arras to bring
the plaintiff on the deck : be said be•would make
an example of him to the ship's company for hay.
ing complained of being kept on 'peas and rite;
're plaintiff 'then jumped overboard. Some one'
oried.out," Lower the boat." The Captain said,'
'1 Never mind him ; damn helm, let bins swim."
The -Deal boat took him up. He was stripped
aitd flogged. The ship was on' short allowance,'
Six barrels-of beef and pork•were taken out in
China.
• Peter Tierney, a seaman, saw the Captain When
lie ordered thee plaintiff to be brought tip. The
Captain said a word or two, did nor hearwhat •
they trete, andthe Captain then struck him on the
face, And ordered' him on the pOop. ile jnmped
ceverboard. Witness and others were going to
lower the•boat, when' !lie Captain said, " Never
wind; let him swim, it will do him :good." Two
men in a little bOat picked -him tip. He was
stripped and flogged. lhey'lad had a short al-
)(mance ,for ttvo or-three weeks. 4ver'y 'Man on
board complained of weakness.
Jahn -Probee was the arrhottrer of the ship ; lie
crinfirmed the former statement
.of facts, and, in
addition deposed, t hat the Captain, speaking of
the Deal boat, said, " I had rather have given
1001. than that that boat should have been-there."
. Henry Earl, surgeon, in Beritees-street,-ox-
fords-treet, examined plaintiff's back after his ar-
rival 'in LOndon. It was in a state of consider.
aide iellarnmettiop, and there were lour .places
svliere the skin bad perished. The marks remained
toethis afier;•anet Would remain.' ••
the plaintiff, deposed,
41).0.11(1_0n was a Midshipman., and by birth,
edoeinien, and connexions, a gentleman.
,Wr?-itilAilayA`e; -for the derend4rti, said, that it
I•4'llo:lllans'itticomin n to • dnish
man tart moard a iving's ship %%liken noseon-
ducted himself. Ile was himself related to son:-

wed

tai persons in tile: Nary, and he haci heard one of
them (now a Commander) say, that he rement,
here(' with great satisfaction that he had been
flogged, when young, for improper behaviour.—
The Captain was placed in an arduous and difficult
situation ; he found it necessary, at such a mo-
ment, to' cheek. insubordination, and the punish-
ment which the plaintiff received.was.not nutlet',
lady severe, nor more than the offence in, question
merited.

The following witnesses were then called :
Mr. Cousins, first mate, said that. the ship was
,313 tons burden : it was a large China ship ; the
crew consisted of 136 men, including officers.
Witness ordered the plaintiff to draw the guns, to
take eight hands, .end be • quick about it; as the
pilot wished to.get the ship under way. The order
was only-in part performed ; it could have been
done in three hours and a half. Witness asked
vt by the whole of:the guns were not drawn ? He
ssid they were all drawonnt four. Witness 'then
said, " I can spare plenty of hands." He replied,
0, -1 can't do it.. 1 have been starved on board
this d---d ship :71 have been fed upon pea-gravy :
1 am too weak to do it." This was insolently
spoken. Witness informed the Captain of what
had pasted. AVlten the Captain came, the plain-.
tiff's deportment was very improper--it teas a
kind of bravado, The Captain said, " What do
you mean by pea-gravy ? have I not lowered the
boat,fur provi,ions ? Y=3tt ought to,stt a .gpoil ex-
anqile, and not abuse an officer." Witness did not
observe the Captain st ike him, but lizsrd him
order hitn on the Pimp. The Captain then ordered
all hands ercW.assem'oli-d. The plaintiff
jumped overboari. Witnes war.; about to dower
a boat, but one of the ()liners fur.val d called out
There is a boat off, Sir.'," ‘Vitness then. ox-
dered them to " hold fast, and not to lower the
ship's boat. 7 Plaintiff* tsar I)rouglit on boaid and
flogged ;" he received eighteen lashes; it was not
particularly severe ; all the crew were round to
see it. In the'Lin6vaid:hound passage, the Voiio-
tiff's conduct was very bad ; a man of the name
of Martin was punished ; there Was aslight in-
subordination, and the Irlai:loff joined the disaf-
fected. On the morning in, question a boat bad
been sent ;for provisions ; the voy4ge' had been
about four weeks lon:Jer Oran usual.

Thomas Welsh was fourth officer on board the
ship. The .plisintiff proceeded to draw the guns
in a most .dilatory manlier. Never understood
that he was in bad health ; his appearance did not
exhibit any symptom of declining strength. Saw..
plaintiff speaking to the Mate ; did not hear what
passed ; but the plaintiff appeared to have been
speaking to him in a mild manner. 'Was present
the day alter the flogging, when the plaintiff ap-
plietito the surgeon for something for his back.
The surgeon said, he,did not• titink that the flog-
gin was such as to require him to be on the sick-
list ; and it Would have a bad 'appearance if lie
were on that list when there was no injury.. The
plaintiff said he did not cake for the flogging,
but he . conceived that he had strained
his back by jumping from the poop
.over-
hoard. When there was a mutiny on board the
ship, witness saw the plaintiff go among the dis-
affected. Witness had the custody of the stores
on bowd the ship : the passage was very tedious.
They had frequent supplies front other ships on
their voyage, but a told wind kept them ar sea
longer than they expected. Capt. Leech killed
his Chinese pit's tor the ship's crew; some of them
weighed front 30 to 40th : they were boiledip the
soup. There was not above one day thaLihe ship
was without salt provisitins.,
Orinther, surgeon of the ship, deposed,
ihat the 'plaintiff Came to him, and asked him to
look at his back. Witness had seen him punished,
and said, " Su'relv you don't meat' that the flog-
ging makes it uceessary for you to apply to me,"
He replied,'" No ; it is on account of having
sprained my back in jumping overboard." Wit-
ness then gave him something to apply to it.
The Second Uffiver of the ship deposed, that
he lived at the Captain's table. He begged to de-
cline''anSwering the question whether there was a
short allowance at his table for any time ; but be-
ing told that .be lutist answer that question, he
said, that there had been a short allowance for
four or five days. The voyage was very tedious.
Mr. SCitRLEfT then replied, and
The LORD cHIRF JUSTICE summed up the case
to, the Jury, Ile told them, that the only (Ines-
tiOu for their' consideration was, whether the
;plaintiff had been guilty .of nutritious,
tlis-
ordci•ly, and improper conduct, and of neglect
of dirty, so as to justify the defendant in in...
flitting punishment upon him. The miscon-
duct of the plaintiff on the outward-pas-
loge was irrelevant. Whatever punishment took
place on the 4th of May could be justified only by
misconduct on.that day. If they thought that the
'plaintiff, under all the circumstances of weakness,
arising from the want of food, had done his best
to 4iselnarge his Ahoy, and hail not been enilty of
disorderly conduct, then the defendant could not be
justified, and their verdict would be for the plaintiff.
Vie amount of • the damages was peculiarly for
their consideration ; but he had always said, and
now repeat, that in cases of this nature
damages should be estimated with, temper and
moderation.

The Jury withdrew for about half an hour, and
then i'eturned with a Tcrilict for, the Plaintiff—
Damages, 500/.

CONSISTORY COURT, Jo LI, IG.
AD.ULTERY. •
PROCTOR V. PROCTOR.

Sir IVILLIAM SCOTT gave his judgment on this
eanse to•day. The parties (be observed) to this
suit were husband and wife, and were married in
September, 1810. 'the marriage was proved in
the usual form, as well as their subsequent coha-
bitation, at Thorley, its Hertfordshire, and at
Mardo,k's•hall, in the same county, the seat of
Mr. Proctor. and in other places ; in all of which
they mutually recognized each other as husband
and wife, and were so received and accounted by
their foictuls"lind acquaintances. There appeared
to have been no issue of this marriage, in conse•
quenee Of the repeated Miscarriages of Mr;. Proc-
tor. In the no of August," 1814, Prticrot
casried. his 1.:4(.1i; to the'Conrinent, lie beifig-at-
tended' hy H,Vtilet, named. Charles BaCtillefy;:a.nd
She by-her servant Doi why Marks. After vi4ing
iu succession Paris, Florence, and Rome, they ar-

rivet) at Xreplei on the loth Nrov., where they re-
mained till the 23d •of March, 1815 ; and heie
they became treqesdinted with Temple French,
Esq. But on the 28th of March they arrived again
at Rome, and there, they lived in a house situated
on the Corso. • In Rome they were in:l-Armed to
Charles Standish, Esq., an English Gentleman of
large fortune, between whom and Mrs. Proctor an
adulterousintercoursetOok place, which was known
to the servants of this family, but which was une
known to the husband till the month of February.
1816,when he first received notice of her infidelity;-
in consequence of whielt he brought an act ion' at
common Jaw against Mr. Standish (in the Court
of King's Bench), and recovered, in May 1817,
5001. damages,. It appeared that while they re-
sided at Rome, it was thecustom of Mr. Proctor
not to retire for the night till his lady sent her
servant to inform him that she was in bed ; and
that it was also his habit to rise early in the
morning, and go immediately into his dressing-
room, By the connivance of Dorothy Marks,
Mr. Standish was admitted, at sech times, into
the bed-room, where those scenes of infidelity
took place between him and Mrs. Proctor which'
were tee subjects of the present suit. But it was
further proved in evidence, that on many occ:1-
.;ions (while the parties so lived in Route) it oc-
curred, that when Mr. and Mrs. Proctor were sit-
ting together in the drawing-room, Mrs. Proctor
evits'often' called out of the apartment, leavitu her
hosbent! remaining there. by Marks, who was
accustomed to say that she was counted by her
shoemaker or by the milliner, but which pretences
were made wee of in order to permit Mrs. Proc-
tor's adjourning to Marks's room, where the ser-
yaw, having admhted him-into the house, n'sett • o
secrete Mr. Standish, anl where the illicit inter-
course of the parties was charged to have been
frequently repeated. In one instance, alter Mr.
Standish had quitted the !loess, Marks found his
VlT;t*.efl uphn'the table in her room, and carried it
ro Mrs. Proctor, wlso appeared much coutused,
Ahd Marks took that opportunity of cedeeVoeuing
to persuade her reistress to break off her adulte-
rous connexion with hits ; hut she replied oily by
protesting her vehement affection for him. hone-
dietely upon the circumstances coming to the ears
of Mr. Proctor, which happened by Standish's
publicly mentioning his familiar intimacy with
Mrs. Proctor, the former of those gentlemen
adopted the legal steps already noticed. It was in
the same capital that Mr. French visited them,
and in consequence of their former society at
Naples, proffered his company to them on their
iotendcd journey, which offer was accepted.--
They travelled from Rome to Padua, Florence,
Peologrea, and Vienna ; and afterwards to Milan,
Schautihausen, Frankfort, and finally to Brussels.
During-this triur an'adulterous intercourse appeals
to have been formed'hetWeen the same lady and
M. French, and carried on, on his part, with
great adroitness and secrecy. it was his custom
always to travel on before them to the various
stages, in order to inspect and hire the rooms at
the different inns or hotels at which they were to
stop, taking care that his .own bed-room elioddic
if possible, adjoin theirs. Having accomplished this
point, his next care was to bore holes with a gimlet,
through the partition, by Which means he was eoa-
bled to ascertain when Mr. Proctor went out ()Oils
room, and avail himself of these opportunities to
go in. At Padua, he was observed coming rint
one day of Mrs. Proetor's bed-chamber, when bier
husband was not in the house. At Schaffiratesen
Mr. French's valet, one Lanterre, a Frenchman,
was brushing his master's coat, %viten a vote fell
out of tire pocket, which he, net being able to
seed English, carried to Mails. It was directed
to French in Mrs. Proctor's hand•wrhing, end
ran thus :-e" My dear love, for God's sake be
more careful, for Marks, who has just left use,
has noticed the holes in the door." At Frankfort
Mr. Proctoebeeame very ill, and as he was sitting
alone, his valet Bacillery first suggested to him,
IQlreenecvbe ;" wase as suspicions
g surprised'(u
i e 'fhs w
) ati tilttee
telligence, 'but could obtain no positive evi-
dence, amounting to proof of the adel•cry.—
He determined, however, to part Whh his
travelling companion, and on getting to Brossels
requested Mr, Fieneh would desist from :teem-
paoying them : some disagreethent ensued,
and that gentleman quitted them. A private and
correspondence was, however, conti-
nued-to be carried on between him and Mrs. Proc.:
tor, after she, with her husband, had retorecd to
England, throegh the kind offices of 2 Madame
Decree, a .milliner at Brussels, by whom Mr.
French's letters were forwarded to Mrs. Proctor,
under the aseumed name of Madame Woodforte,
and addressed to be left till called tor, at the Sa-
racen's Head, at Ware. The husband, having
his suspicions awakened, and beiog determined
to 'ascertain whether they were well-grounded,
obtained possession of one of these peelkets, the
,contents of which revealed the whole history of
this latter connexion of his wife's. ThevTliad ar-
rived in England in August, 1815, and Went to-
live at Gordon's Hotel, from whence they re-
moved shortly after. But while they continued
there, Mr. French returned front Pariv, and
took up his residence at Long's Hotel, and im-
mediately letters and presents were interchangeo
in profusion between that Gentleman and
,Mrs.
Proctor ; for whom he ordered some rings, or un-
mented with a variety of significant devices, at
Gray's, in Bondostreet. These, she observed to
her husband, she had received front a female friend.
Ildving at length got back to Merdocka, site was
asked at dinner one day, by the Rev. Mr. Proc-
tor, the father of her husband, whether she had
ersy commands for the post ? (at Ware.) She.
,blushed exceedingly ; and on the servaot's.re-
torn, Mr. Proctor, discovered the packet in ques-
tion. She then went to the house of Mr. Lisle,
her father ;* and being confronted there the next
day, the Ilth of October, with her husband, lie
taxed her with infidelity, which she at first po-
sitively denied ; but upon his producing the Ist-
!ers of which lie had obtained possession, site
became exceedingly 'agitated, and retired to her
bed-room, whither Mr. Proctor followed her, and
onl fronoher otherUteeri that left no doubt of
;;gilt. She then confessed her adultery with
Freech, and made attempts by imploring aeknowe
ledgrne4ittii to obtain .a recOnedietion, being; 'then
leithin three months of her confinement, Mr.
PrOCIOt yielded to the entreaties of herself and

~;

the ketiresentations of her fethir, end net Irs"
the arouse till,after time " aecouchemenrrivvi takrn
place : he then finally quitted her, and she appedrs
to have lived with her father from thateKri°d
(Jan. 1816) to the following December.
The Learned Judge, atter adverting to the°
facts, observed, that this suit was commenced
iR
-the beginning of 1817. Much time was stared t°
have been lost, by reason of the difficulty in 1int'10::
curing witnesses. He should not now enter
more minute details ; the proofs of ,the adulteri
were abimdant,and such as were sufficient to Mail):
.lain Many more than the one case he had now 11
decide. Thus far there could be no doubt that
the husband Was fully entitled to his separation!
Mit the case did not rest here ; the Court
called upon to take, cognizance of other tees Ina'
terielly affecting, not the indisputable guilt of this
female, but the title of the linsbapd to his
Mrs. Proctor, notwithstandine-all the professinn."
which she made upon the discovery of tier cerre'
espoodenee with French, anti after all her (1013'7
rations of sincere • coetrition, her entreaties Pit
forgiveness, and her promises of amendment t,
her husband, had manifested the most 'decide'
hostility towards hitn. She had aCellStAl t,i:try id
lier turn, of adulter'y with a w6inati named Uteri
lotte Phinis„whoere lie. had permitted to use 131 s
name, with whom he had resided in, various pa"-
,
of the town, in Hereto:l-street, in Marshall-street°
the Edgware-road, and elsewhere, and by %vital
he was charged to, have had a child, His Ctlo-.l*•
sel, indeed,had acknowledged that fact, and tli.l
usual plea, as to the identity of 111 i. timer& wit'
the person who so lived with her, and her non-
identity with Mrs. Proctor his wife, was killf
proved. Oo this stare of facts, then, a question
arose, whether he bad forfeited his title to a sew'
tence of separation or not ? There seemed no res.,
son to imagine but that lie had always provisosli
confined himself to a strict fidelity to his own be
If he had not, if he had forfeited this claim, lb*
family which might be univ existing, or hercelier
to be born, would become emitted to his nettle'
and not merely to the rights of legitimacy, bat
to those of succession to his estate. He rnigitt
be 'the father of spill ions children, and yet titos
children would be entitled to his property, al
himself lieble for their debts. And what two
be his remedy in the case ? He must resort t"
the almost insuperable difficulty of proving ts
non-intercourse with his wife, to prevent him froth
lying under these most painful obligatimo.--4
By failing in this suit he might be compelled t°
endure that the Offspring of a marriage bed, stait':
ed with pollution anti dishonour, should
his name, rights, and propetty. This then w'en'
be, indeed, a case of great severity, as on the pa't
of the husband there were no previous be egolti
rities on his side. The late, perhaps, prwideg
some, resource ; for there was no eeestion that 1116
legal nature of the.marriage-contract hod its orieill
from time canon law, but not to the eeteet of iliac
laW. The sacred obligations of marriage init;:lC
be sespended, but they could not be extingnishe-"‘
They we:e traced in characters indelible and Pere
petual ; no dereliction of the marriage-ditties
could-annihilate that hallowed and sete-eu en"",
tract, which, by the maxim of the law,iVls reCOg-
ilized as inviolable. With regard to the k".,‘
guments which the learned Couusel had fount'
ed. upon the principle of colitpensatio,
it was a doctrine not -iistredeeed by the ca'
non law, but one which appeared to have beell
a standing institution of the civil law, and('
generally quoted in cases of this nature, where t‘
legal separation was prayed. Certain it teas that
the general matter ikf eompensAt rigs aS re 4
utlltred by principles which elme
'fi'ned. There were res cases on their books
praetice, none on the records of their Court (ePl)l'A
cable to the circumstances of this seit) whico
prived that husband of a sentence, who had cootinei
hiiinself to the marriage-bed, till after be had le
Ii a Wife—a •Svpa.rallil i. occasioned by her "
o,',
misconduct. No such decisions Wergetri be hewn r
'
but the canon law thought otherwise, It in.
tended to provide agaios't the tnischie'fs, aml t
remedy those inconveniences to w(tich'parties
subjected by mutual' separatiun : it therefore hely
that a husband and wife, thus ciretitesienee"
should be through life upon an equal footing',"
That such was the doctrine of the canon kW
uite Certain. It saw no distinction bet wfe
ts
qe
the husband's eonnuittieg adultery before 10'i%
the misconduct of the wife. The Court • synatt
subject itself to the charge of idle eedantry, ,i
multiplyiug authorities (beyend those it had a
ready quoted) on .a doctrine so clearly establiol d,
.4
l conduct were to be tithe') as its guide in "'l-
ease, there could he no question as to its sentence,
.
if not, it must rest upon the decisions of their o'v's
•He was sorry to say none were to b
found.. if they, then, were wanting, recoil°e.
:most be had to considerations of reason, Inc'
relity, and public convenience. It was .I).er:i
tem ly notnrions that this country; after the Re 1.4%,
matioo, adopted the whole of the marriage rite:.
from the canon law ; the whole of our marriogs
law in matter and form was COnstrtiCrefl upon it
and that the doctrine of its indissolubility stilt red'
maincd in toil force, time coudoct of the feegis'-
tore in interfering to grant divorces, under soma?
Cases, especially proved. The eripciple, then:
being retained, cerried with it ell its conic-
' quenres. It carried with it even all the dissoill
billy which " Mlultery cerriret into the original
contract of marriage. " Yet, tithing this (cot"
cinder! the Learned. Judge) tor my guidance,
or
cannot he blind to the fact, that the canon lut
prevailing on this Rotor, in this and other le7nrP;
'peen conntrles, does not give that benefit to ",
husband which it ought to do." Its results %i'ere',
spurious children antisepareie debts what o'er;
the inconveniences; of the rule, as is now slotigd
however, was- a qeestion such as the Court a ,
no right nor any ditty to exert:lee. Then, as t („„
this species of retaliarien, whether such rel"'":1),
• tiou ought to lie indulged, consistently will' is,
interests of general morality, was E. matler
beyond its enquiry. The vesiion confined itsic
to-
this—whether the hushaitd was entitled, 0",`,,c,6
the existingcirconistanees, to a separation ?
Court was of opinion that he was nut,--eSuit
I missed.

Isg
R)\ ; brit 04 :fty J. 11. I(SIVA Itt.3;. of Nti.
Orpiroui-sireet; Queell-silimre; aod published. kr'
, SCRIPPS, of No. 7, South Molson-street, at'T"° .o*/
• Otli.c, No. 11", Strand ; where Adrotisernenis, 411"
Letters, 4c, (post-paidj cunt be aJdrcaacd.

~,

1 Y~~

,

~~

qtr,
the
sK
hi

ti
~.
~.0
~~1

~' R

', .~~
i

~.y
: