The Sun.
London, England, 1829-07-29 00:00:00

ELTCT VESTRIES.

The long-pending question between the inhabit-
ants of the district of St. George, Camberwell, and
the select vestry under the New Church Acts, re•
specting a church-rate imposed by the select vestry,
was degided on Friday last, the 24th instant, in
favour of the inhabitants, the Judges of the Couit
of King's Bench having given their judgment that
the rate was illegal.

SHERIFFS' COURT, JULY 28.
CRIM. CON.-D'OYLY V. BEVILI.E.

This waa an action brought by Mr. John Hadley
D'Oyly, a gentleman residing in India, against
Henry Edward Beville, Esq., Lieutenant in the sth
Dragoon Guards, to recover damages for criminal
conversation with the pla;ntiff's wife. The damages
were laid at 5,0001.

'Mr. COCKBURN hating opened the pleading.,
Mr. Serjeant SPANKIE stated the case.---The de-
fendant having suffered judgment to go by default,
it was only necessary for him to prove that adultery
bad taken place between the parties. The plaintiff
was the younger pti of the late Sir John D'Oyley,
at whose death the title and property fell to his
eldest son, Sir Charles D'Oyley, who was without
any children, and the plaintiff consequently was his
presumptive heir in the event of Sir Charles dying
without issue. About ten or eleven years ago the
Vi,..intiff, then about twenty-three or twenty-four
yeas of ;,,•ig,o7 married his present wife, who was then
about cightegn. au Yi4mage, which was solemnized
at Calcutta, was contracted upon mutual affection,
and with the approbation of the fr;el:..d§ of all parties.
The lady was also exceedingly respectably gOPllgg,ted.
While they remained at Calcutta, they visited and
Were visited by the most respectable persons there ;
they alo fre.quently visited at the house of Sir
Charles D'Oyty, ‘yhp was married to a near relation
of the Marchioness of I:fast:lnas, They continued
to reside in Caitiatta until it became necessary for
Mr. D'Oyly to remove higher up t)lp pow)tri, and
to a better station than he had before, The awry
were, no doubt, aware that in the detached stations
in pkdia there were very few Europeans ; the com-
pany aad,socioty of a wife was therefore indispensi hie,
and she was,a.o,ast nrepissary companion. Mr. Doyly,
it would be proved was s. Inogt 1,, pd and attentive
I,usband, and 414nifestecf an af ection? that cta-iminted
almost to uxoriousness, In progress of time he be-1
came the father of three ehildien, two boys and a
girl. In 1825 Mrs. D'Oyly's health waa greatly 4-1
fated by the climate, and one of the children of the
sfna,?. time became very ill. It was usual for Euro-
peans .to 1:.?/tiove their children to England at the
age of four or 6 i,e,years, pot only for the advantage
of receiving a good aaii-e-o alto for the benefit
of their health. Mrs. D'Oyly.'s f.kea4.lt keing consi-
derably impaired, it was neeesiakry trait 5h4 shp,t,ild
i.ccompany the children, and in 1825 shu took her
deparAvg or England. The plaintli was not in of
fluent ctreurriAti;nces—why, it was not necessary for
him to state ; but he .;y,; ;ht just say that it arose out
of the system pursued at ;Jr College, where,
thoitgi,l yc,i.nig• men might be improve{: f'.?r ir.itellectual
acquirements, ,:':,.i!l that advantage was greatly (3..ip::,
terbalanced by thejniury which was done to them in
a ii ecani ary polnt of 'yiew. Lir, D'Oyly, like other
young gentlemen, felt the yernicioilts erects of this
system, but he allowed his wife a thousand lioun.ds
a-year during her absence in V-,ngland.
person in . his situation in lifer This, for a
was a very adequate

arranged that Mrs. D'Oyly should leave tngland
for India at the end of 1827, but when the time ar-
rived that she was to quit England, she peremp-
torily refused to go; in fact she had then become
pregnant. She then quitted London and went to
Gloucester, from thence she proceeded to Malvern,
and from thence to Leeds, where the defendant's
regiment lay, and where she passed as his wife, and
was delivered of a child. Mr. Snow deemed it his
duty to ascertain if the reports in circulation were
correct, and he proceeded to Gloucester in search of
Mrs. D'Oyly; from thence he proceeded to Mal-
vern, and thence to Leeds, where he found her liv-
ing under the name of Beville, and far advanced in
pregnancy. Under these circumstances it became
necessary to proceed with this action, and to insti-
tute at the same time a suit in the Ecclesiastical
Court, in order that a divorce might be obtained.
This was the case upon which the Juty had to de-
cide. Not one single circumstance could be brought
forward to throw suspicion on the conduct of the
income, and it was to the full extent of his means.
She took with her a letter of introduction to a Cler-
gyman, named Snow, who resided in the West of
England, and who was married to a sister of Mr.
D'Oyly's. Mrs. D'Oyly, upon her arrival in Eng-
land, was met by her brother, and accompanied him
to the house of her half brother, a gentleman
named Vansittart, residing in Yorkshire. There
she stopped about two months, and from thence
went to the residence of Mr. Snow. In the spring of
1827 she came toLondon,and became acquainted with
Mr. Beville, who is the son of a clergyman. His
mother's name is Brown, having married again.
She is a lady of considerable property, and the de-
fendant was the only son by the first marriage, arid
was related by marriage to the D'Oyly family. Mrs.
D'Oyly took a house in Bentinck-street, and here
she first saw the defendant, and here the unfortu-
nate circumstances originated which gave rise to the
action, for in March or April, 1828, Mrs. D'Oyly
gave birth to a child, of which the defendant was
father. He should have stated, that it had been
plaintiff. lie was not able to produce witnesses
from Calcutta, but it would be proved that, previous
to the intercourse with Mr. Beville, she was a most
affectionate wife, and from time to time spoke of her
husband with the utmost affection. But when this
connexion took place, his name was not mentioned,
and the mention of him was dropped altogether.

Mr. James Atkinson examined.—l resided at
Calcutta at the time Mr. D'Oyly and his wife were
living there; they were married in 1818; his age
was 24 or 25 ; the lady was 18; she was the ►laughter
of a gentleman named Thompson; I visited them
constantly; the plaintiff is brother to Sir Charles
D'Oyly, and his wife is related to Lady Hastings ; I
am married, and my lady was in the habit of visiting
them ; they lived happily together : the plaintiff ap-
peared greatly attached to her; they had three
children, two boys and a girl ; in 1825 Mrs. D'Oyly
left India, in consequence of the extreme illness of
one of her children, and she brought the three
children with her to England. It was utterly im-
possible for the plaintiff to accompany them, without
the destruction of all his prospects. He allowed her
1,000/. a year, and when she complained of this being
inadequate to her want,, he allowed her a larger
sum. The plaintiff is the son of Sir John D'Oyly,
and brother to Sir Charles, who married in 1814,
but has no children, and the plaintiff is the heir-pre-
sumptive to his property.
On cross-examination by Mr. Serjeant TADDY,
he said, I knew Mrs. D'Oyly before her marriage;
she went to India very young ; I heard it stated
that she uas fourteen when she arrived, but I be-
lieve she came out before that age; when she was
married it was said she was eighteen, but I believe
she was more than that ; I frequently met them at
parties in Calcutta; the society in Calcutta is not
very extensive, but is on a very expensive scale.
Mr. Serjeant TADDY —And so expensive, that
when a lady and gentleman go out from England,
they, i►i adopting the manners and customs of Eng-
land, are not considered as living sufficiently splendid.
Mr. Alexander Melville said—l know the family
of the plaintiff, and never saw greater affection sub-
sisting between persons in India.
The Rev. Thomas Snow said—l am related by
marriage to the plaintiff; my wife is his sister;
when Mrs. D. came to England she was introduced
to me by letter; I saw her about two months after
she arrived in England ; on her arrival, she went to
her half-brother, Mr. Vansittart, i►► Yorkshire, and
then came to reside with me; her three children
were under her care during part of the time she
was in the country ; in the spring of 1827 she went
to reside in Bentinek-street ; it was intended, first,
that she should return to India in 1827, but her depar-
ture was postponed; in August, 1827, she explicitly
and peremptorily refused to return; the children
lived with her in Bentinck-street ; the defendant's
mother was married three times; her first husband
was uncle to Mr. D'Oyly; in consequence of some-
thing that I had heard I preceded to London, in
March, 1828, in quest of Mrs. D'Oyly; from thence
1 went to Gloucester and Malvern. There I found
the children in the care of a Mrs. Husband, who
had been a servant i❑ the plaintiff's family. In con-
sequence of a communication made to me I pro-
ceeded to Leeds, accompanied by Mrs. Husband; I
found Mrs, D'Oyly lodging at a house in Leeds ; had
an interview with her, and found that she was preg-
nant, and near her confinement; I left Leeds a few
hours after I had seen her ; on my return Mr Bel-
rille overtook me at Axminster; he took me into a
private room and said his name was Belville, and
stated that he wished the matter might be hushed
up, and that Mrs. D'Oyly, after her confinement,
might return to her husband. The only answer I
made was The husband must decide that.

Examined by Mr. Serjeant TADDY—Mrs. D'Oyly
arrived in England in November, 1825, and came to
my house in the following March ; she is now about
29 years of age. It is not the fact that she was left
any length of time without any person receiving her,
she staid with her children at my house some
months, and then went to London; this was in the
spring of 1826; she took the journey contrary to
my wish, and that of my family; she was six weeks
in London alone ; I never heard her regret that her
husband's relations had refused to talie notic=e of
her; I heard that she mixed in parties a good dual
in 1826; she was a person fond of society, at 4
likely to enjoy the gaieties of London.
Re-examined by Mr. Serjeant SPANKIE—Mrs.
D'Oyly was reckoned a most attentive mother;
son-40;17)es she was very attentive to her children,
and sorostimzs shP twglected them by going out;
she was rather gay, and fond of nniYitlg in company.
Was she fond of being admired 2—She was gay,
and fond of observation.

Eleanor husband, before her marriage, was in
Mr, D'Oyly's service ; this was in 1826, when she
wag re;iding in Yorkshire. In the spring of 1827
Mrs. D'Oyly werrt tR live in Bentinck-street, and
the Merida:it, who was introdnred by his mother,
used to visit Mrs. D'Oyly; Mrs. D'Oyly used tp
spe,k to her husband in affectionate terms before
her acquaintance with the defendant. From Lon-
don she went to Gloucester, and then to Malvern,
,where she left the children in my care, and then
Went to Lerdp. J afterwards accompanied Mr.
*now tq Lpec)s, rpid ppinted out Mr. Belville; Mr.
tphi me w hpre I should find Mrs. D'Oyly ;
I went to her, she was then pregnapt, and told mr
she was in the family way.
Mrs. Mary Kay—l resided at Leeda In 1828, awl
knew Mrs. D'Oyly ; she was confined at my house,
and went by the name of Belville ; it was a boy ;
the defendant afterwards lived with Mrs. D'Oyly,
atidihey slekt tor,ether as man and wife.
This. closed tlfe pli,tof the plaintiff.
Mr. Serjeaikt TAnDY teen adtfref;s:e4 the Jury for
the defendant, after which the Under. Sheriff summed
up, and the Jury returned a verdict for the plaintiff.
Damages—ONE THOUSAND POUNDS.

W
• ,
eciiie,;(!.:l-y last were interred, in the
clieirCh-Yr.datValbeitotri kernain3 of Widow
late of that parish,aged-9Z y eals. the Was t-ne payept of
12 children, 75 grand-children,. and 74 gliat-g4nd-cbil-
dren, making a total of 161, nearly the whole of whom
are now living.--qussex Advertiser.

POLICE INTELLIGENCE.

MANSION-HOUSE.

Two young fellows who had come up to town,
the oue from Birmingham, the other from Glouces-
ter, in order to get employment in London, were
brought before Sir C. S. HUNTER, not having suc-
ceeded in their endeavour, and having no food nor
place to lie in. In fact,, they appeared to be quite
destitute.

Sir C. S. HUNTER said that it was surprising the
paupers did not stay at home instead of trudging
up to London, as if London was paved with gold.
He was sure that this was the time at which the
real workmen most easily found employment. He
bad himself occasion to employ several, and he knew
that they required higher wages than were formerly
demanded.

The young men said that they could not obtain
work at home, which, however, they were sorry
they left, as things were in such a state in London.
They had fallen into the error which other inexpe-
rienced persons had not escaped, that London was
the best place for talents and industry of all sorts.
Sir C. S. HUNTER told them to make the best
of their way home, or they must, if found about the
city in idleness, be disposed of in Bridewell.
Mr. Hobler suggested in this case the propriety
of giving to each of the young men a trifle to help
him on his way home.
Sir C. S. HUNTER—Do what is usual on such
occasions.

Mr. Hobler said the young men were without
shoes, and it might be necessary for each of them to
have a pair from the Compter to help them on the
way.

Sir C. S. HUNTER—Shoes ! No, no, they can
get on very well without shoes. If they have not
been in the habit of going without shoes, this is the
weather and the time to begin to go barefooted.—
(A laugh.)
One of the applicants for relief said, that the
soles of his feet were blistered, and would in a short
time be much worse if he went on without shoes.

Sir C. S. HUNTER could not think of giving
shoes to men who were not supporting themselves.
Formerly labouring men walbed without shoes at all,
and he did not see why persons who were not sup-
porting themselves should not go and do so likewise.
The countrymen were sent off barefooted, but
with money in their pockets.
&ignor Anthony Antonio, an Italian, was brought
before Sir C. S. HUNTER, by Daniel Forrester the
officer, under the following circumstances:—
Forrester stated, that as he entered the lower hall
of the Mansion-house, he observed the Italian gen-
tleman walking up and down in an evident state of
uneasiness. Witness asked him what his business
was, and was answered in very imperfect English,
that it was something concerning his wife. Upon
requesting to know what the matter was, however,
the officer was addressed in such a manner as made
the Italian an object of greater interest. " I want
justice," said the foreigner, " and if I don't get it,
I'll shoot." " Indeed," said the officer, " where
are the pistols ?" The Italian walked away, but
the officer having heard such formidable words
used, went to him, and touching his pockets found
that his customer was armed. Forrester instantly
seized the pistols, which he found filled up to the
muzzle with powder and brass nails, and brought
Signor Antonio into the Justice-room, where rather
a curious scene took place. . .

Sir C. S. lIUNTERa asked the defendant who he
was; and was answered sometimes in bad French
and sometimes in bad English, to several interro-
gatories. _ . _

- He had, he said, been a doctor of civil and cede-
siastical laws• at Rome, but had been compelled by
circumstances to leave that country, and betake him-
self to Ireland. He•fixed himself in Limerick, where
he was adding to his patrimony by instructing the
rising generation in the literature of the ancients, as
well as in the continental languages. (By the by,
before he went to teach in Ireland, he ought to have
learned either the Irish or the English language.)--
A lady, however, became attached to him, and he
married her. Before, however, he passed the honey-
moon, he found that she had another husband.

Sir C. S. HUNTER naturally supposed that the
resentment which the Italian had exhibted had been
kindled against his wife. _ _

" No,'" said the Italian, " I vish to get her se-
parated."
" Ay," said Mr. nobler," you wish to be sepa-
rated from her ?" " No, no," replied Signor An-
tonio; " I visit de first man to go away from her,
and leave her to de second man."—(Laughter.)
Sir C. S. HUNTER-Oh ! you wish to keep her
yourself ? Signor 'Antonio—Ay, ay, dat is it. 1
vish her have all of me.

Sir C. S. HUNTER —Pray, do you teach here
now ? Signor Antonio—No; I no teach since I
left Limerick.

Sir C. S. HUNTER—Have you taken to your old
profession again ? Signor Antonio—No, dat would
not do, because if I was doctor of laws here, I would
starve.—(Laughter,)—in which the poor Italian
joined:
Sir C. S. HUNTER—Do you carry on any busi-
ness ? Signor Antonio—Yes ; and my vife keeps
shop. We sells cheese and backy.—( Loud laughter.)

Sir C. S. HUNTER—WhatI a doctor Of civil
and ecclesiastical law sell cheese ard tobacco ?
Signor Antonio—Ah, ha ! If I don't, I starve. 1
tell you, better sell cheese and backy den eat no
WittelA.

Mr. nobler asked the Italian what he expected
could be done for him, as regarded the lady ? Did
the civil or ecclesiastical law of Italy give the title
to the wife to the second husband instead of the first ?

The Italian replied in the negative. lie thought
his claim, however, would hold good in England,
for in Italy he had seen many English wives living
with their second husbands, and their first husbands
living with second wives.—(Laughter.)
Sir C. S. HUNTER thought it pi udent, as the
Italian had rather a wild appearance and manner,
was very unconnected in his narration, and had such
weapons of destruction about him, to send him to
the Compter, until it should be ascertained whether
such a metamorphosis had actually taken place in his
profession.
GUILDHALL.

Mary Fitzgerald vas committed for knowingly
uttering four counterfeit shillings in the course of
Monday afternoon, at the Blue Last public-house, in
the Broadway, Blackfriars.