The Sun.
London, England, 1829-07-24 00:00:00

LAW INTELLIGENCE. -(THIS DAY.)

COURT OF CHANCERY.
IN THE MATTER OF STEERS, A LUNATIC.
The SOLICITOR GENERAL stated on a petition,
that the testator, who made a will in this case in
the year 1800, died in seven years afterwards. BY
the will lie appointed two trustees, who were to
pay to his widow an annuity of 1501. a year. The
two trustees were also the executors. For the last
twenty-two years this annuity had been regularly
paid. One of the trustees was dead, and the other
had now become a lunatic. The present appli•
cation was, to have as order for the appointment
of a new trustee in the room of the lunatic, who
would continue to pay the annuity. There was no
evidence that the legacies er debts of the testator
were paid, nor could any affidavit on the point be
made. After considerable hesitation,
The LORD CHANCELLOR stated, that had this ap-
plication been tnade within two or three years of
the death of the testator, he should have referred it
to the Master to ascertain whether the debts, &c.
had been paid ; but considering the lapse of time,
and the smallness of the legacies, (only amounting
in the whole to 5001. or 6001.), he would risk 8
proceeding, upon the assumptiOn that all had been
paid, and make the order without incurring the ex-
pence, &c. of sending the parties before the Master.

VICE CHANCELLOR'S COURT.
WEST V. FOLKS.

This was a petition to confirm the Master's re-

port.

Mr. KNIGHT said lie was instructed, on behalf of
Miss Folks, to oppose it. The circumstances of
the case are as follows Angust, 1828, Sir
Edward West, Chief Justice of Bombay, died, and
in the October following his lady followed him to
the grave, leaving an only child, a daughter about
nine years of age. Sir Edward, at the time of his
death, was possessed of property to the amount of
30,0001., the whole of which he bequeathed to his
daughter, and appointed Mr. West, Sir Wm. Folks,
and Miss Folks, guardians, who not agreeing,between
themselves who was to have the superintendance of
the infant's education, made an application. to this
Court, and it was referred to the. Master. The
Master reported that Mr. \Veit and his wife, Lads
Maria West, were fit and proper persons to be ap-
pointed. This report was objected to by Miss
Folks (sister to the late Lady West), on the ground
that it was the particular desire of her sister that
the 4-Ant's education should be under her wholeand
sole command. This was her request, as appeared
by several letters long before her death, and it was
also her dying injunction.. The Learned-Counsel
therefore contended the Master's report ought not to
be confirmed, as the Court were bound to pay atten-
tion and respect to the wishes of the deceased parents.
and act as near as possible in accordance with these
wishes. 'phis was the opinion always expressed ,by
Lord Eldon, who had declared he would in all cases
comply with the wish of a parent, unless very strong
and cogent reasons were adduced why he should not.
Sir GEORGE GREY followed on the same side ;, he
trusted the Court would never make an order
which would frustrate the fondest and dying hopes of
an affectionate parent. It was clear from the letters
that the mother of t his infant, when she expressed is
wish for her daughter's education to be,„Mider the
care: of Miss Folks, was also speaking the wishes
of her husband (to prove which the Learned Coun-
sel read several extracts from her letters 'to Mi..o
F.) Ile therefore trusted the Court would order
the master to review his report.
The SOLICITOR-GENERAL then rose, when
The VICE-CHANCELLOR said, do you, Mr. Soli-
citor, appear to confirm the Master's, report ? .
SOLICITOR-GENERAL—Yes, your Honour.

The VICE-CIIINCELLOR—Then I will not trouble
you. Iha ve read and well considered the whole of the
evidence, and my deliberate opinion is that the
Master has come to a right and proper decision.
The Court always entertains the most profound re-
gard for the wishes of a deceased parent, but it wag
not absolutely bound in appointing guardians to be
guided by those wishes. It had a duty of its own
to exercise in such cases. After looking minutely
into all the circumstances, I am of opinion it would
not be to the advantage of the child that her edu
cation should be placed under the superintendance
and controul of a young lady.
Sir GEORGI GREY—Tire lady is not young your
llonour, her age is 45.
The VICE-CRANCELLOR—WeII, never mind her
age, she is unmarried, and does not appear to have any
fixed residence, and I should think knows

but little of the management of children.
speak %% ith the feelings of a father when I say
it is my opinion that it will be to the advantage
of this child to mix with and be educated

with other children. It appears that Lacly---iria
West has four children, and it is not for a moment
attempted to be denied, but what she is in every
respect qualified for the trust. The affidavit of Lady
Arden was sufficient on that point. 'lt certainly
see►ned from the letters of Sir Edward and Lady
West they wished Miss Folks to have, in case of
their death, the superintendance of their child's edu-
cation. This could only be from a desire for her welfare.
I wish to pay the greatest attention to their wishes,
but lam of opinion the Court has a betteropportunity
of judging what would be most to the infant's ad-
vantage, and am decidedly of opinion a single lady is
not the most proper person to be entrusted with it.
There appears to be the greatest harmony in the
two families, and I hope it may continue to be
cherished, and that the child will be taught to vene-
rate the high character of the departed father. The
Mas►er's report must be confirmed.
SOLICITOR GENERAL—I feel called upon to state
that the character of Miss Folks is of the highest
description, and the greatest harmony exists between
the parties, which I am sure will be increased by
your Honour's decision.

COURT OF KING'S BENCH.

S
t

Jul
IVII
Ito

TRIAL OF SUSANNAH SCOTT FOR PERJURY.--THS

KING V. SCOTT.

on,

This was an indictment against Susannah Scott
For wilful and corrupt perjury.

Mr. Common Serjeant PENMAN requested that
all the witnesses should be ordered out of Court,
wl ich being done, Mr. PLATT stated the indictment
to the Juiy.
Mr. ATTORNEY.GENERAL then stated the case to
the Jury. The defendant, he observed, was indicted
for wilful and corrupt perjury, arising from transac-
tions which had unfortunately already occupied too
much of the public attention. After a few more
preliminary observations, the Learned Counsel then
proceeeded to state that this proceeding arose en-
tirely out of the part which Mr. Wellesley took
in the case of Wellesley v. the Duke of Beau'.
fort, in which he contended for his right to
the control of his children. The public press had
fully reported the transactions relating to the cause,
and he regretted that it produced so great an 'in-
terest in the public mind, as it showed in his opinion
a depraved taste. • Without any further preliminary
observations he would relate the facts of this ex.
traorditiary case. At the latter end of the year
1827, Mr. Wellesley received several anonymous
letters from Paris, of which he took no notice.
One, however, arrived bearing a name and address,
and to that lie sent an answer. A reply was sent
to his letter, stating that Mr. Pedley was willing
to bring over Susannah Scott, the defendant, to state

roc
ab~

the circumstances which had induced her to sweat-0
certain affidavit against Mr. Wellesley which she had
sworn in the above cause. Mr. Wellesley next heard
that Mrs. Scott was in England, and wished to see
him. lie had no inclination to see - her, and for
private reasons did not wish any of his household to
see her, except one, whom he directed to spew her

- .
into a Titivate room, where she was detained. She
had arrived with Mr. Pedley ni Baker-street, in
1828. Mr. Wellesley was then confined. to his bet'
from illness, and was unable to see her and Mx•
Pedley, who were shewn into the .dining-roorot
and strictly guarded, to prevent .any of the
domestics having any communication with bea'•
They waited fur some time, but `lr. Powell, .thett

ti

solicitor to Mr. Wellesley, did rot arrive to see
them,, and she left the house and returned again at
eight o'clock, when Mr. Powell saw them. Mrs
Scott then told Mr. Powell several facts, whirl.
, f "aid have enabled the prosecutor, Mr. Wellesley.
t to have repelled all the attacks on his character.--
r she said that she had been connected with a persot
I heed Nixon, clerk to Mr. Hutchinson, who war
, 'Limn attorney to the Misses Long. ' She also said
that she bad been induced by money and other
means to
':
the
swear the affidavit' which she had
Wellesley, in the suit pending in
, against Mr. Court of Chancery. She had been induced to
; .. she
incorrectly by the persuasion of Nixon. Mr.
p rowell was not, however, contented with having
those facts merely stated before himself, but he
, . ';'ished her to make the same statement before
1 Ir. Whitelock and other persons. She did so,
~ T'ft." (1 then entered into a more serious detail of the
his which she had before stated to Mr. Powell.
„fie Learned Counsel would not now enter nue
tnose details, because they were exceedingly dis-
gusting. When this detail was finished, Mr. Powell
th-ed Mrs. Scott if she thought that the persons at
cre inns where she went to with Nixon would iden-
L 7 her ? She said that she believed they would,and
I;"ered to accompany any person whom Nixon would
l'kPllnint to ascertain that fact. She said that Nixon
ita peculiar mark, by which any person seeing
In would soon identify him again. An arrange-
/
int was then made, and • Mr. Powell appointed
inr• Wickham to go with her. They went to an
Pit,' at Leatherhead, in Surrey, to Henley-upon-
ti,":_t",e% to Dartmouth, and to Oxford, to find the
1 „ 'noes-maid who had left Henley. She was idea
),n ed at all these places. Mr. Wellesley would not
'ln"elf take any share in these proceedings, and
1310nel
curio Paterson directed the whole of them. A
clean us circumstance occurred on the road, which
~ itY identified Nixon as having accompanied Mrs.
vett, who passed as his wife. On passing through
,nipllingford their gig broke down. A Mr. Clark, a
Oler, forwarded them to their destination in his
Ile' gig, and was then invited to dine with him.
4 ,cepted the invitation, and when they had
it:°,'"ed their repast, Nixon gave Mr. C'ark his card,
afterwards
him to visit him in London. Mrs. Scott
`krwards advised Nixon to recover it from Clark,
41:e would then discover that Nixon was a single
el"; arid that she was not his wife. Nixon then. told
°a that he was about leaving his then lodgings,
and referred him to Messrs. Hutchinson, his employers,
gr back bis card. This was an important fact, and
It-hentlY Proved that Nixon was the man who was
I'!" With her. After she had been to those places
with 111 r. Pedley and Mr. Wickham to be identified
rs the person who had slept there with Nixon, and
eceived from Colonel Paterson a sufficient recom-
P!ace for her trouble, Mr. Pedley demanded 1001.
.sors„
, Colonel Paterson then refused to assent to
e" a demand, and Mr. Pedley then persuaded Mrs.
1104 #
k -(1 go out of the way, and she disappeared:—
I r• Wellesley then suspected that some conspiracy
al been formed against him, to involve him still
'.,,urtiler in difficulties. He heard no more of Mrs.
'cott till
brou - the trial of
byt."t to recover the expences of visiting
e different places where she had gone to
a identified. At that trial she appeared
S a witness on the part of Pedley to re-
their their expences. Site then swore that she had
h.see:' hlr- Wellesley at Baker-street; that the latter,
?` Paterson, and Mr. Powell, had separately pro-
;Zised her an annuity of 1.50/. per year for life, if
}W"e Would contradict her former affidavits; that Mr.
ellesley would pay all her expences, and that he
pd then directed her to take some
papers to Mr.
°well- He was now, however, prepared to prove
1 )h at Mr. Wellesley had never spoken to, or seen her
tlt twice at a distance, and that no promises of the
'art had been made. She also swore at the trial
that she did not know what the action was brought
t° recover. It might be asked why she was not
' e:"nradicted. He begged to inform the Jury
l'e law of evidence did not allow a defendant to
frc've her an infamous woman, when she had sworn
10 particular facts. She had done so. It remained
an that occasion merely a question of credit for the
i Jur ,
why' rind now the prosecutor took those means
frnich were open to him to defend his character
ant these foul attacks.
The Learned Counsel then called
, e. fir. Fraser, short, hand writer, who attended the
13e 0 Pedley.v. Wellesley, on the 21st of Jan. last.
`l'' Mrs. Scott produced as a witness, and sworn
11 the usual way, an behalf of the plaintiff. Wit-
se" here read the whole of' the evidence and cross-
kE,,_ „
the
allegations
of..the defendant on that occasion, and
ii.a'aegations were taken to be proved.
ofwlr. Wellesley was then called—ln the beginning
1828 he received an annonymous letter from
hiatiss which he answered, and a person called on
11.1" six days afterwards. That person said first that
P,,,,5 name was Roberts, but afterwards that it was
t,„:, leY• Did not recollect the exact day. It was
pm-'etiale between the 14th and 18th. From what
o.3ed he expected Mrs. Scott to call—to come
‘„ee, from Paris. Gave directions to his servant
20-,gh'st as to her coming. Believed that was on the
sh,"; The directions were, that particular care
Alysuld be taken that witness should not see her.
h • ° directed that she should watch to prevent her
oneleng removed from the dining-room, or seeing any
On else till she had seen Mrs. Wellesley (Bligh).
raotillite 21st was confined from illness. The dining-
` about was on the ground floor. Was in bed till
Ws'''. eight o'clock at night on the third floor.
tee under the advice of Doctor Arnold. Did not
hut ''`s. on that day, and had never seen her
't'i °ace before in his life, till twenty minutes ago,
1.11,.e°,8he was pointed out to him. The first time
\s}; "Well pointed her out ; was not quite satisfied
thenether it was before or after his illness; she was
po Walking in the square, and witness was in Mr.
see her chambers in Lincoln's Inn; did not then
44-d "ter face; had never spoken to her in his life,
Ni; Pad never directed her to take any papers to
life '"well. Had never promised her 1.50/. for her
3 or made her any promise.
)e Cross-examined by Mr. DENMAN—Did not recol-
pif it was or not before 1828 that he saw her.
1 as not in' Court on the trial of Pedley v. Wel-
"leY. Mr. Pedley was nonsuited, and sent to
13ri5on for the costs. He was sent to prison by wit-
oess's express direction; also directed that his dis-
arge under the Insolvent Debtors' Act should be
ePPosed; that was three or four months ago. Gave a
,"eque for 301. to Mrs. Wellesley, which he afterwards
Videsetood was to pay Mr. Pedley for his trouble in
1 Isjee- Mrs. Wellesley was then Mrs. Bligh, Mr.
Ivllrwas then living, and Colonel Patterson, Mrs.
b ellesley's father, was a good deal at the house.
b eeliiied having-any thing to do with Mr. Pedley,
hllt thrOugh his man of business, and would not let
tthraohisjeep.in the house. It was arranged that he
ea."'u aleOp at Colonel Patterson's house. Paid no !
of the rent for the lodgings of Mr. Pedley and
r.
"'• Scott himself, but did not doubt that the mo-
t
,
tsiirime out of his purse. Was not present at the
lot satt was brought for trim. con, with Mrs. Bligh
ititd not know if Mrs. Scott had been examined
I
th at 4 not
Knew when she came from France
she had sworn affidavits before the Court of
k ancery relating to the witness's connection with
lir:: )3tigh. It was an object in the appeal to the
4-saefe.4l Lords that she should contradict her for-
—"avit but it was never his intention to file
%ell contradictorys'
rho
, affidavits that case. Had said
wh he Would never receive any affidavits from those
Per° ilad sworn against him. Sent to Paris for a
lied4)a named O'Meara, who had sworn against him.
w. discharged him for peculation. He had not
livrip:en, to witness to say that he would not
tij '" his service in consequence of the connec-
t xisting between witness and Mrs. Blight.
11: had written .after being discharged, but wit-
M's returned his letter unopened. In the first
scofferrB' 'Wellesley's life time, this man did not, ill his
\tion give him such a reason for leaving.
t,tlolliinot swear that it did not happen ; but did not
at ts "t• Did not recollect that he was examined
p. '"e ttial for crim. con. Sent to Pal is for certain
dil(''s which O'Meara had in his possession. Did

not direct, when _Mrs. Scott went to France, that
she should be intlie,ed for a conspiracy. Never saw
her with Pecrey <old Powell on any occasion. Sent
Ruthveu, the ()ncer, to Brussels to apprehend her.
Did not think the expense amounted to 1501. Could
not -recollect the charge. Did net think that he had
given him 1001: when he left England.

- Re-examined by the ATTORNiY-GENERAL—ILId
reasons for not wishing to see her. Had never
paid any money since Mrs. Scott and Mr. Pedley
had arrived in England, with his knowledge that it
was to be applied to their use, although he now
believed that the money did ultimately come
from his purse through Mrs. Bligh.
Auguste Guillaume—Had lived valet in Mr.
Wellesley's service for the last four years. Had re-
ceived directions frcm Mrs. Bligh to receive Mrs.
Scott and show her into the parlour, she arrived
with Mr. Pedley, and witness showed them into
the front parlour ; went into his own room (the
back parlour) fetched up some wine for them, and
then remained in his own room till they returned
at night. His master was not up at that time.
Went up and told Mr. Wellesley of their arrival.
He was in bed without his clothes.

The case was not expected to conclude till a late

hour.

THE ARMY.

GENERAL ORDER.

Horse Guards, July IS, 1829.

His Majesty, being desirous to encourage Officers to
become Settlers in the British North American Provinces,
is pleased to command that Grants of Land, in the pro.
portions undermentioned, shall, on the recommendation
of the General Commanding-in-Chief, be made to those
Officers who may be induced to avail themselves of the