The Sun.
London, England, 1829-04-20 00:00:00

LAW INTELLIGENCE.

HIGH COURT OF DELEGATES, APRIL 18.
WESTMEATH V. WESTMEATH.

This was originally a cause of restitution of conjugal
rights promoted in the Consistory Court of London by
the Marquis of Westmeath against the Marchioness of
Westmeath. It came before the Judge of that Court, Sir
Christopher Robinson, in 1825, who, after having heard
it argued t?uring four terms, pronounced an interlocutory
decree in 1826, assigning the Marchioness to return home
to her husband, and restore to him conjugal rights, inas-
much as she had f tiled in proof of her allegations of cruelty
and adultery. From this decree the Marchioness appealed
to the Arches Court of Canterbury. 'The cause came on
for hearing before Sir John Nicholl in February, 1827,
who, having heard the arguments on both sides, pro-
nounced for the appeal, and decreed the Marchioneat of
Westmeath from bed, board, and cohabitation, or, to use
the technical phrase, a mensa et thoro with the Marquis,
and condemned him in the costs of the appeal, as well as
these in the first instance, except so much as was incurred
in the charge of adultery. From this sentence an appeal
was made by the Marquis to the High Court of Delegates,
which came on to be heard on the 13th instant before Mr.
Justice Bayley, Mr. Justice Park, of the Common Pleas,
Baron Garrew, Drs. Arnold, Coote, Burnaby, Daubeny,
Dodson, and Pickard. The respondent's case was first
gone into, and Sir Charles Wetherell, Dr. Lushington,
Mr. Adam, and Dr. Adams were successively heard in
suuport of the judgment. The King's Advocate-General,
Mr. Denman, Dr. Phillimore, and Mr. Broderick for the
appellant. The following evidence was recited during the
argument, being extracts from letters written by the Mat-
chioness of Westmeath to the Marquis in 1817 :
"My dear Nus, * * * * -* I'll give
you a few instances of your attachment to me :—You first
took me away from all my friends, and shut me up in an
obscure corner of the world, without horses or servants.—
In the bitter winter of 1813-14 I was in a room not pa-
pered, sashes rotten, with child very ill, not allowed any
thing but green wood for fiting, because turf was 2s. a
kish instead of Is. When my child was 12 hours in the
world, you told me you would be if you would give
25 guineas a year to a nurse,—why the could not I
nurse her myself; though the doctor told you that I was
unable. Three weeks after the child was to be disinhe-
rited, and the property settled on You took pos-
session of my pin-money; you swore that you would turn
me out of doors if I insisted on having it ; you beat me,
and endeavoured to place a pimp's daughter as my own
maid. While I was undergoing all these privations, for
want of money, you could find money for a prostitute.—
You believed her word when she did you the honour of
saddling herself and her children upon you, saying they
were yours. You lived three years with me in constant
deceit ; and when your nurse's impertinence made it im-
possible to conceal the whole any longer, you bound your-
self by all that was sacred that there should be an end of
the business. Last year you broke your solemn word and
honour, and now you dare tell me that you never thought
of any person but me. " *
" Your affectionate, " NA."

"My dear Nus, " * Many
thanks for your parcel, and board and wages money.—
* " If I should die, I hope you will, for the
last time, take my advice, and, if you marry, not think of
doing so unless to some woman with plenty of ready mo-
ney. Very good sort of women are to be found although
they have fortunes; and nothing, you may depend upon
it, enables a man to do himself justice in this world, or
live comfortably at home, unless he has plenty of money,
and spends it usefully and properly. * t* *

"Yoiir loving,

" NA."

Sarah Mackenzie, housekeeper to Lady Westmeath, fre-
quently witnessed..quarrels among them. Heard him call
Lady Westmeath a --, and that he would kirk
her to h-;
.he used to swear at her frequently in
French. ‘Vitness saw marks of violence on Lady West-
meath's breast, which turned black, blue, and every colour,
from his having beaten her. She heard Lady Westmeath
cry " Murder :" once in her bed-room. She ran in and
prevented him from strikinc, her. Lord Westmeath said,
" Emily, you have provoked me to do it, but come back to
bed, and not strike you again." Lady Westmeath was
warm-tempered and affectionate, but not violent-tempered ;
used to say that he gave to his two illegitimate children
what he should give to her's. Lady Westmeath was
obliged to cut up her body linen to make clothes for the
child ; was one winter without firing or money to buy it.
Lady Glengall was in the habit of seeing the parties fre-
quently at Paris and London previous to 1817. She
never knew of any quarrel between them ; never knew of
Lord Westmeath's using violent or insulting language to
wards Lady Westmeath ; on the contrary, in all that she
saw, he appeared to be a most devoted, kind, and affec-
tionate husband ; he treated his wife with more uniform
kindness and devoted attachment than she ever saw evinced
by a Luiband. When at Paris, Lady Westmeath used to
go out to parties every night exclusively, Lord Westmeath
being then unwell through an inflammation in the eyes.
The Marchioness Dowager of Salisbury, mother of
Lady Westmeath, never `knew of the Marquis of West-
meath treating his wife with cruelty or harshness, or to
use insulting language towards her, but he had always
manifested affectionate kindness and tenderness towards
her. The behaviour of the Marchioness towards him was
by no means kind. She saw a violent quarrel between
them once, when Lady Westmeath threatened to institute
proceedings against the Marquis in the Ecclesiastical
Court. Witness knelt down, begging of her daughter
nut to make themselves the talk of the whole town. She
thought they were both in fault. The conduct of Lady
Westmeath, was very provoking.
On behalf of the appellant it was contended, that the
judgment of Sir John Nicholl was contrary to the princi-
ple on which such cases had been hitherto decided. That
it was not competent for Lady Westmeath, after having
forgiven her husband his former conduct, to take advan-
tage of it in three yews afterwards, on account of some
high words (having lived with him in the mean time on
affectionate terms), and that all her own friends were op-
posed to the separation, conceiving her to be more in fault
than Lord Westmeath.

A dictum of Lord Eldon's, on the case being argued in
the House of Lords, was cited to this effect :—" That he
had considerable doubts respecting the soundness of Sir
John Niel.)Ws judgment, and that he thought that in the
Court of Delegates the case might be so far reconsidered as
to sustain the decree 'of Sir Christopher Robinson."
Mr. Justice Panic thought it very improper m Lor;!
Eldon to say any thing on the subject; the case was im-
portant enough in having Sir Christopher Robinson and
Sir John Nicholl opposed to each other, without introduc.
ing the extra-judicial opinion of any other person.
When the ewe was before the Lord ChancePor, Sir
Charles Wetherell appeared for Lord Westmeath, when
(it was now represented) he had said, " that Sir John
Nicholl should be impeached for such a partial judgment."
As he was now supporting the judgment, this excited con-
siderable laughter in Court.
On behalf of the Marchioness it was contended, that her
condonation of the Marquis's cruelty was only conditional ;
that the parties had executed a deed in 1817, to the effect
that she should have a separate income in case that she
should again experience ill-usage from him ; that he bad
kicked her in the side when she was far gone with- child,
and that after having made the most solemn pledge of
good behaviour towards her, he a few days afterwards
renewed his violence, which evinced an unconquerable
temper.

The COURT. was occupied from ten to four o'clock from
Monday to Thursday inclusive, in hearing the arguments
on both sides. It did not sit on Friday. On Saturday
Sir C. Wrruuarra. and Dr. LUSHINCTON were heard in
reply, when the Judges, having deliberated for an hour and
a quarter, affirmed the decree of the Arohni Court,
They disagreed, but by what hiajority was, carried we
could not learn.

It is of 134110 duty to record another in-
stamp cathc murder of a wife by the hand of her hue
band. On Saturday morning, about ten o'clock, PETER,
DUNCAN, a nerson who had retired upon a small capita',
during the absence of the servant-girl, put an end to Mrs.
DuNcAres life, by first knocking her down with an are,
and then cutting her throat with a penknife, The hor-
rible manner 4; which this murder was perpetrated, as
well as his previous demeanour, affords the strongest pre-
sumption that DUNCAN was at the moment in a state of
mental derangement; but as the case is under judicial in-
vestigation, we forbear, in the mean time, from giving far-
ther particulars... I)undee Courier.