The Sun.
London, England, 1827-08-18 00:00:00

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17. • • :
conduct of Mre. Morris. 414411, likta4,
testimony of the difficulty of aithring reaeontqop•-----r •
female conduct. He could nut Wiwi\ froth inert- •
tioning one instance. They had all no doubt read
the account of the conduct of the Countess of
Micclesfield to her son, the poet Savage, and no one •
bad ever been able to assign any motive why that
extraordinary woman, not satisfied with practising
every cruelty on her unfortunate, offspring during
infancy, had actually formed the design of seeing him
perish by the hand of the public executioner. It had
been proved that Mrs. Morris and her husband were of
opposite dispositions; that by the deed of separation
she was entitled to the enjoyment of a handsome pro-
perty,while, if she had returned to her husband's house .
on his death,she would only have been entitled to 2001.
per annum. It was quite clear that if she acknow-
ledged the birth of this child, it would occasion her
return to the house of Mr. Morris, and interrupt her
connexion with Austin; or, if she acknowledged it
to be Austin's, destroy her character and deprive
her of that rank, in society which (notwithstanding
the suspicion that had been excited), she seemed to
have maintained during her residence at Llanfair.—
She might also, knowing the connexion that existed
between her and Austin, have had some scruples of •
entailing this child on her husband's family ; and,
taking any of these to be the reasons which she had
adopted for concealing its birth, her conduct, the
conduct of Austin, and the baptism of the child,
were perfectly consistent. The deed of separation,
by which it was stipulated that Mrs. Morris should
superintend the education of her daughter, proved
that the separation was not produced by any inti-
macy at that time subsisting. between her and
Austin. He (Mr. Sergeant Russell) therefore con-
tended that the concealment of the birth of the
plaintiff was sufficiently accounted for by her wish to
preserve her character with the world, and remain
unfettered by the presence of her. husband. The
Learned Counsel, after taking a review of the evi-
dence, contended that the most important parts of
it in,fa your of the plaintiff were confirmed by the
evidence of the defendants; and concluded by ex-
pressing his confidence that the Jury would return
a verdict for the plaintiff.
Mr. Baron VAUGHAN said, that this was a pro-
ceeding directed for the purpose of informing the
conscience of the Lord Chancellor; and in the per-
formance of his (the Learned Judge's) duty, it would
be for him to detail to them the evidence which
had been adduced, together with such observations
as he might think proper to be made upon the sub-
ject. It had been truly said, that this was a cause
important, not only as respected the interests of the
parties, but also in respect of the principle of law in-
volving the relations of husband and wife; and he
was sure that when they recollected the importance
of the subject, they would not consider the time be-
stowed on its investigation mis-spent. And here, the
Learned Judge said, he could not but express his ap-
probation of the admirable manner in which the case
had been conducted on both sides. With respect to
the law of the case, the Counsel on both sides ap-
peared to have nearly agreed; and it was clear that
every child born in wedlock, where the husband and
wife were residing within the kingdom, and not se-
parated a mensa et thoro, is presumed to be legiti-
mate ; but that rested on the presumption of law,
which might be repelled by the facts and circum-
stances of the case,—that is, that the facts and cir-
cumstances to be laid before the Jury on the part of
the defendants must clearly satisfy their minds that
there was no sexual intercourse at a period when,
according to the cause of nature, the husband might
be the father of the child. It was a question re-
quiring their utmost attention. There could be No
doubt that the defendants had placed the plaintiff
under considerable difficulties in asserting his claim ;
and it was impossible not to regret that such means
should be resorted to when, sooner or later, the case
must have been investigated; yet it could not be ex-
pected that a party in such a situation would willingly
put weapons into the hands of his antagonist. The
question for their consideration was, whether sexual
intercourse, or an opportunity for such intercourse,
had existed. If they believed that Mr. Morris was
on such terms with his wife that he might have been
the father-of this child, it did not signif/ (if lie, the
Learned Judge, might be allowed the expression)
whether the General, camp, pioneers and all, were
partners with him. It was improbable, under the
circumstances that had been proved, that Mr.
Morris maintained such an intercouse with his wife :
yet why visit her if he did not? And that he did
visit her, there was abundance of evidence : and
then how could be be ignorant of the adulterous in-
tercourse that was going on ? And if he was not
ignorant of that, how could they believe that he
continued to visit her? Of the adultery there
could be no question. The Learned Judge then
proceeded to detail the whole of the evidence to the
Jury, and concluded by observing, that they were
now called upon to, discharge a great and important
duty, by declaring, on consideration of the evidence
that had been submitted to them, whether the
plaintiff was the legitimate child of W. iam and
Mary Morris. He had already stated to the
law of the case, and that it would be necess
fore the plaintiff could be deprived of the rights,,th
he claimed under the marriage of Mr. and Mrs.
Morris, that the presumption of law that sexual inter-
course
had taken place between them should be
beat down and destroyed. It was not for the
plaintiff to prove that sexual intercourse had taken
place. The law presumed it, where there was an
opportunity ; but if the Jury were satisfied that,
from the facts of the case, no sexualintercourse took
place, then they would find for the defendants.
The Jury having expressed a wish to retire to ,
consider of their verdict, at twenty minutes past
• three o'clock left the -box; at ten minutes to five
o'clock they returned, when their foreman, Sir Ro.
bert Chambre Hill, returned the following verdict:—.
t to theth e course
child. na of
We -
On consideration of the evidence laid before us,
we find for the defendant. We are not satisfied
that any sexual intercourse took place at a time
twuhreel,lcould
place no great, confidence in the evidence of Ann
Evans, and we don't believe the account of Mr. and
' Mrs. Morris sleeping at Garthllwyd."
the hhuasvbea n
beend, according
the
father of
The moment the verdict was announced, the hall
rung with the most tumultuous applause from the
partisans of Mr. Davies. The cause had excited ay.
unusual degree of interest, not only from the peon,
liar facts of the case, but on account of the diificul,
ties the plaintiff has had to encounter; and that this
was the second trial obtained, after a mos; elaborate
investigation in the Court of Chancery. A third
trial is confidently spoken of. The property in dis-
pute is situated in Montgomeryshire,.and is said to
be worth about 1,400/. per annum.

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in the tow-
Sunday last, the wife of an extensive dairyman
incessant
f avgood sale,"
made on
de-
mands which one of her Hibernian neighbours made
of
her
her sour milk cistern. The first two or three
gatei,RwiSalls muCch°l‘suUrp:ißseTd.a—t the large
;/-• of
its appear-
hut latterly the empty pitcher so
• pint stoup began to dunt on the
lartgheeaadmorning of
s before half the honest dairy..
bottom of the milk
customersbowle,
laraieshe, ctuhsattottnheer wim•erpeerhiaaiiledas the auxuteroy
had received their stipulated
woman's regular
sie demand naturally tickled the
quantum. This
he empty pitcher—till the milk
still came the empty pitcher--
agal an train her wonderment no longer. " Dear
woman could restrain
exclaimed she, " ye're taking an unto jaw o'
me !"
•ik -ay,
a Mrs. Murphy !"—" Troth am I,"
mulswered the woman of Munster, "and if your butter..
answered
done, you must give me swate."—" But rt ay I speer
what ye're doing wi' a' the milk the day, Mrs. Murphy ?"
dealner's
dcuarigoasiintyc,aemx:Ft
...._" Doing ! sure and sarten, honey, it's for the lodgers."
—" Lodgers ! gude guide us, Mrs. Murphy, ye Lime, but
one room, and the milk ye hae gotten wad soom the chairs
in't, let abee slocken your lodgeyheaerayteh,eArlrtse.
eMmuorpebyyfo?
lodgers ! Preserve us ! boo
in, the devil a out they'll go, and so I must
house—but you know I'm a waidow-woman, and when
they come
Och, heaven bless
you, dear,
lodge rrs
;:—...thce comfort of the
just kape them."--" But how many are of them ?" anxious-
ly inquired the milk-woman. "Dare bless you, love,"
responded the waidow, "the never a stur will they stur
to go out, and the whole of them'a tkurty-five 1 1"...
Scotsman.