The Sun.
London, England, 1827-06-23 00:00:00

WELLESLEY V. DUKE OF BEAUFORT.

Mr. BROUGNAM having had the compliment paid to 01;
of being called upon to move something, stated that he had
to apply for an order in this case on behalf of Mr. Wells'
ley, to stay all further proceedings in the Master's Offie
until the plaintiff's appeal against the order of this Cart
could be heard in the House of Lords.

His LORDSHIP wished to know whether it would be J
convenient for Mr. Brougham to attend at a later period °'
the day to make his motion, as several bankrupt matte
stood in the paper which had been ordered to come on°
the sitting of the Court, from the urgency of their natant'
Mr. BROUGHAM was willing to attend at any time ths
Court might be pleased to appoint.
Mr. Hoaxa observed, that it would be much more co°'
venient both to himself and Mr. Brougham (who were t°'
gether), that the motion should come on on Monday, °
they had to attend the Privy Council, to-day, if the other
side consented to do nothing in the meantime.
Mr. Stranwar.r., contra, would undertake nothing.
Mr. HoRNE then hoped the Court would order that th°
motion should stand over till Monday, and that nothieg
should he done till then.

Mr. SHADWELL said a warrant for the attendance of tile
parties in the Master's office on Monday had been issued•
His LORDSHIP did not think that a Master's waro.ll;
being issued was of very great importance, and if it would
be an accommodation to any one, he did not see why the
motion and all proceedings should not be staved till Monday
Sir CHARLES WETHERELL did, not know whether bli
Lordship would sit here or not on Monday.
His LORDSHIP intimated that he should sit on Mondol
morning, and, after a few words more from the bar, the
motion was ordered to come on then, and the proceedd4
in the Master's office in the mean time stayed.

HABEAS CORPUS.
IN THE MATTER OF WM. HUTCHINSON, A aarricaue•
Mr. HEALD applied, on behalf of the bankrupt, who vt°
brought up, by a suit of Habeas Corpus, that he milOhet,,
discharged, on the ground that the Commissioners had ri
fully set out in their warrant of commitment an ,executio
which they had referred to merely by putting a question Ti
the bankrupt, when before them, relative to it, and Wh
they alleged he had not answered satisfactorily.
Bankrupt discharged.

COURT OF KING'S BENCH.
JUDGMENT.
THE KING V. CAPT. THOMAS QUICK".
The defendant, who was convicted at the last Aosize
for the County of Dorset, of being the instigator of a riot
on the-2l st of June last, at the election of a Member
Parliament for the Borough of -Weymouth, in the ea'
County, was brought- up this morning, (having been re-
rnanded on Thursday last), for final judgment.
te4
Mr. Justice BAYLEY, in passing judgment, recapituht a
the whole circumstances attending the riot, and expreso
sorrow that a gentleman of the defendant's station In
society, should lend himself to what he must 14re
known to be a gross breach of the laws of the count(/'
In, however, making up their minds as to the punishment'
the Court did not forget that the defendant was brought
last Term, and remanded on account of the press of busi-
ness ; and they also had in view the excellent character
which he had borne, as appeared from the affidavits. 113.:
sentence of the Court was, that he be imprisoned for s'
months in the custody of the Marshal of the Marslialelt
and pay a fine of 4504 to the King.

THE DUIi,"E OF DEVONSHIRE V. LODGE.
In this case, a question as to whether grouse are birds of
warren was argued at great length before their Lordship°
yesterday, and
Loan TENTERDEN delivered the judgment of the Courrt
this morning, that grouse are not birds of warren. 1114
Lordship observed, that they came to this determinatio°
after a careful examination of the ancient books, in whici
they could. not find these birds mentioned as birds
warren.

COURT OF COMMON PLEAS.
The Court !at in Banco this morning, and disposed of
several causes of no public interest.

ARCHES' COURT.

SMITH V. SMITH.

This case came on upon a question of costa. It 191/3!„
suit for a divorce, instituted by the wife, upon the groan
of cruelty and adultery. The Court below having ordered
the payment of the promotant's bill of costs, the husbas'
appealed against that order.
Dr. HASIC4AnD on the part of the appellant stated, that
Mrs. Smith had instituted a suit for the restitution of cos,
jugal rights some years ago, and the Court having declared
her entitled to the relief for which she prayed, she re'
turned to cohabitation with her husband in February 10,
but continued to live with him only for three weeks, dor'
ing which period, it was alleged, the husband counnitt'
various acts of cruelty and adultery. The Learned Coun-
sel argued, that the suit for restitution of conjugal right'
was a condonation of all acts of cruelty previously coin"
mitted by the husband. By that suit the wife prayed to
be taken back to the arms of her husband ; and this was s
full answer to the charge, that before the institution of that
suit the wife's arms were black and blue from blows and
pinches bestowed by the husband. Under all the circus'
stances, the Learned Counsel contended, that the case on
the face of it appeared to be so frivolous and vexatious.
that the Court should consider it an exception to the et;
neral rule that the husband should supply the wife with
the means of prosecuting her suit, and should reverse the de:
cree of the Court below, ordering the payment of the wife°
bill of costs.

Sir J. Nrcnou. said that he had looked through ths
proceedings in this case and could not see any thing frivo-
lous or vexatious in the conduct of the wife. One of the
articles pleaded, that Mrs. Smith had been confined by her
husband in a private mad-house, and liberated Ow a sr,
lemn investigation before two Law Judges, who decide'
that Mrs. Smith was not insane. Whether the suit for the
confining
nt
there eerifteosrewel
institution of conjugal rights was a condonation of form
acts of cruelty, was not the question, for acts of cruelty and
even of adultery were pleaded subsequent to the termination
of the suit for restitution. Those charges might not be prove",
,fatattentohCteho Court upon e
stutopi
oownnaori
f:c
0:1 co:
Irbviutasts
;tchlaeena csyst ehoef didocpoi
unnriootcnvc,octioli
departure from the general rile, that the husband 019
obliged to supply the 'wife with means to prosecute the suit.
The Court, therefore, dismissed the appeal, and confirmed
the judgment of the Court below.

KING v.
per annum
atul as alimony to the
This was a suit of nullity of marriage, brought by the
husband, on the grounds of minority at the period of the
marriage. The husband is a victualler, carrying on a flou-
rishing trade.
wifTehdeurCinogurotleaslluoittt.ed 80/. pe

seßroly a
l daughter
House
ou se of .----------
MARRIED.—This morning, at St. iViargareest
Westminster, by the Rev. Mr. Spears, Charles James
Snitch, Esq., Surgeon, of Brydges-street, Covent.garden,
G Nular.rdVas r(leuy,lunefst)hewßirioladitve:
next week, for the Barracks in the Regent
tNI Voir i.E:rttllmi si izoaiern,
eldesttaer "
Park, and will be succeeded at Windsor by the Life Guards'
The Baron de GEMMINJEN, the Count de
GORLITZ, and others of the suite of the Queen of Wug-
TENIBERCI, visited Vauxhall Gardens yesterday evening. to
witness the magnificent Spectacle of the Battle of Waterloo.
The Duchess of KENT, accompanied by the
Princess FEODORE, honoured the performance of the nes,'
Musical Fund Concert, at the Italian Opera House, with
her presence yesterday evening.
Mr. CANNING gave a grand dinner yester-
day to a numerous party of the Members of the House of
Commons, at his residence in Downing street. Among
the Guests were—Lord Morpeth, Hon. E. Stanley, II"'
Mr. Robert Grant, Mr. Marryatt, &c.
H. Liddell, Colonel Cuff, Mr. Stuart Wortley, Mr. French,

Viscount SIDINIOUTII gave a grand dinner on
Thursday, at his seat, White Lodge, Richmond Park•
Among the company were--The Duke of Wellington, the
Marquis of Bute, Earl Powis, Viscount Clive, Lord Col-
chester, Sir John Malcolm, &c.

- -
CORONER'S INQUEST.—An Inquest was
held last night before Tmoxas STIRLING, Esq., at the
Buffaloe's Head, Nev Road, on view of the body of a male
infant child, which was discovered by a Young man whilst
fishing in the Regent's Canal, Regent's-prk, and supposed
to have been destroyed by its unnatural paients. —The Jury,
after a minute investigation, returned a verdiet—.Founti-
Drowned.