The Sun.
London, England, 1827-11-02 00:00:00

VICE-CHANCELLOR'S COURT.

Mr. StIA»IVELL took his seat at ten o'clock to-
day as Vice-Chancellor.

FOWEL V. ENDERBY.
This case came on upon demurrer to the plaintiff's
bill, which prayed various accounts respecting a ship
that had been engaged in the South Sea fishery.
His HONOUR allowed the demurrer, and upon ap-
plication to him on the part of the plaintiff, that she
might be permitted to amend her bill, said " I do not
think that I ought to grant this request ; indeed I
am convinced that the most merciful thing I can do
for this lady, is to give her no assistance whatever in
prosecuting this suit. Out of kindness therefore 'to
her, I must refuse the application."

WILES V. DINYS:

When these cases, which have excited so much

interest, were called on,
Mr. RAY said, that they involved the same ques-
tion as a case lately argued before Sir Anthony Hart,
and that, therefore, the better course would be to
await the decision upon that case before they pro-
ceeded with the present.
The VICv-CHANCELLOR assented to the propriety
of such a course.

COURT OF KING'S BENCH—(Tuts DAY.)
THE KING V. MALKIN AND OTHERS.
This was an indictment against Mrs. Elizabeth Malkin,
.the widow of a Major in the army, Mr. Hammersley,
her brother, Mr. Vance, a, surgical gentleman, and Mr.
Atcheson, an attorney, for conspiring together, as the in-
dictment alleged, to separate the Rev. Mr. Bray, from his
wife ; and also forcibly to expel him from his dwelling
at Brompton, where he was then living with her on affec-
tionate terms.
Mr. PLATT opened the pleadings, and Mr. Joi; Wre-
Lusts stated the case. He said that the prosecutor, Mr.
Bray, was a Clergyman of the Church of England, aged
about 26 years, and the son of an officer in the army.—
In the month of April, 1825, he married the daughter of the
defendant, Mrs. Malkin. The young lady was 19 years of
age, and possessed a fortune of 20,000/. Mr. Bray, it
appeared, had no fortune, though he was a young man of
considerable expectations, and before the marriage a settle-
ment was executed, by which Mrs. Bray became entitled
to the interest of her fortune for her own use. Soon after
the marriaga certain circumstances took place, between the
prosecutor and the mother and uncle of his wife, which
created meat surprise in the mind of Mr. Bray, and would
be related by him in evidence. Mrs. Malkin had no par-
ticular residence, but Mr. Harnmersley's seat was at Ash-
lodge, near Farnham, and Mr. Bray and his lady pro-
ceeded there on a visit. On this occasion the conduct of
Mr. Hammersley was such as to induce Mr. Bray to notice
it, and object to living any longer in the house of Mr.
Hammersley. The Learned Counsel then proceeded to
relate the circumstances, which were afterwards more fully
stated by the witnesses.
Lord TRISTERDEN inquired whether there was no hope
of a reconciliation between the parties ?
Mr. WILLIAMS said there was no objection on the part
of the plaintiff.
ThEATTORNEY-GENKRAL,WhO with Messrs.BROUGHAII
and GURNEY appeared for the defendants, said that Mr.'
Bray must take the consequences of the course be had
adopted.
The case was then proceeded with.
The Rev. Mr. Bray being sworn, said,-1 am a younger
son of Col. Bray, of Tavistock, county of Devon. In 1824. I
became acquainted with Saba Eliza Malkin, who is now
my wife. Elizabeth Malkin, the defendant, is my wife's
mother. Mr. Spoles, who is now called Mr. Hammersley,
is my wife's uncle. They all lived together. I paid myl
addresses to Miss Malkin. I was favourably received.
Mrs. Malkin and I conversed about my circumstances
before my marriage.* Mrs Malkin wrote to me, to say that
her daughter would have 10,0001. upon her marriage, and
10,0001. more upon an expected acquisition of fortune.—
I told Mrs. Malkin that I had nothing but my hopes of
preferment in the church. I offered to settle Miss
Malkin's fortune on herself, to show that I married
her for love, and not for money ; but I expected a
life interest in her fortune, and never dreamt that the
interest of her fortune was to be exclusively for her
own benefit. Miss Malkin and I were married at Chelten-
ham, in April, 1825. We went to Maldon for a fortnight
after otsr marriage, and then returned to Cheltenham. The
first morning after we arrived at Cheltenham, Mr. Ham-
mersley brought up my wife's breakfast, which I thought
very strange. He and my wife were lounging about a sofa,
and she was sitting on his knee, and they both conducted
themselves in a manner which I considered extremely in-
decent. I told my wife in private what I thought of her
conduct with Mr. Hammersley, and she replied that
he was only her uncle. Froni this period I was
constantly insulted, and endeavours were constantly
making to alienate the affections of my wife. Mts.
Malkin was constantly ridiculing me about being
a little man, and upon my replying that it was
better to be little and good than large and un-
worthy, this- led to an unpleasant quarrel with Mr.
Hammersley. We were afterwards reconciled, however,
and proceeded to Ashgrove. near Farnham, which was
the seat of Mr. Hammersley. Here a variety of unpleasant
scenes occurred. I found that Mr. Hammersley was con-
stantly in my wife's chamber even when I was not admitted.
I was never left to enjoy the company
of my wife by herself,
and Mrs. Malkin has said that she did not know what a
man and wife wanted alone ; it was quite fulsome. After
living some time at Ashgrove, I discovered that Mr. Ham-
mersley was living in a state of adultery, and supporting the
man whose wife he was having children by. I also found
that this woman, who was living with Mr. Hammersley,
slept in the next room to my wife. I told Mrs.
Malkin of the discovery I . had made, upon which
she flew into a violent passion, and struck me,
saying, that " she had licked many a better' man
than me, and that she would knock me as flat as affloun-
der," those were her words.--(A laugh.)—Afterwards we

went info Staffordshire, and Mrs. Malkin still took
every opportunity of annoying me. • She told my wife not
to mind any thing I said, but to do as she liked, and added,
that she ought to serve me as a certain General's daughter
did her husband, and that there were many ways by which
a woman might get rid of a bad husband without commit-
ting herself. I told Mrs. Malkin about this time, that
though I had promised before marriage not to separate' her
and Mrs. Bray, yet as her temper was so violent, and Mr.
Hammersley's conduct so intolerable, I should not live
with her any longer, but that my wife and I would live
by ourselves. At this time Mrs. Bray was pregnant, and
shortly after we went to Clifton ; Mrs. Malkin Was
with us, and told roe that the medical gentleman who
was attending my wik, had desired that we should have se-
parate apartments. To this I agreed. Mrs. Malkin then
:isked me to go into Devonshire until after my wife's rte..
couchement, "vnd that Mr. Hammerslcy should come: but
this I resolutely refused, saying, that at such a period I
thought a husband was the only man who ought to be in
the way. My wife was delivered in February, 1826, and
for a short time afterwards she and I lived alone and had
no violent quarrels. Mrs. Malkin and Mr. Hammersley
then came and lodged near us, for I would not live in the
same house with them. Mrs. Malkin, however, came to
me and said she would take Mrs. Bray into Stafford-
shire, to consult Dr. Apsley, the family physician; but
that, after we returned, we should live in London alone.
Upon coming to London, we went to live at Brompton-
row, and I was asked to travel, and that I should be al-

lowed 500/. a-year. This I refused to do without
my wife. I then received a formal notice to
quit the house, which I was swilling to do, but
'aid I would take my wife with me. I suffered
various indignities in this house. Mr. Ateheson, Airs. •
Malkin's attorney, met me, and wanted me to quit the
house without my wife. This I refused to do. He then
served Me with a citation to appear in the Ecclesiastical
Court. I took no notice of this, and found Place and ano-
ther officer in the house one day, and they told me that
must not remain there. Subsequently I was fastened in a
room and kept without food for several days, and at length,
was violently expelled from the house.
Cross-examined by the ATTORN EY-.GE liRRA got a
living in Devonshire very lately, I hold it under the Duchy
of Cornwall. I wish to have the authority of a husband
ever my wife. Ido not wish to live with her again, nor
have not for a considerable time. I found her mind ex-
tremely vitiated, but hoped to reform her, and cherished
those hopes until I was expelled from the house in Brompton
in January last. I have said that I discovered on the night
of our marriage, that my wife was not what I expected she
should he. I have said this before the birth of our child.
I have also said, before and after the birth of the child,
that I believed it was not my child, but her uncle's. I
have accused my wife of incest with her uncle. His cha-
racter was so abandoned, and the infatuation between him
and Mrs. Bray seemed so great, that i was warranted in
suspecting that he was capable of any crime. I might have
said that I had discovered that my wife had been seduced
by her uncle at 15 years of age, but I do not recol-
lect. I knew my wife was in delicate health when we
married. I have heard that her father died when she
was only two years old, and that she was brought up by
her soother, who lived with her brother, the defendant,
Mr. Hanunersley. Several persons have spoken to me
about my wife's state of health, and recommended me not
to do any thing to offimd her, and I acceded to those re-
commendations, thinking• that else would not live;
and that I should not have any feelings of re-
morse, I did more, and bore more, than I ought to have
done on this consideration. I have applied for a Habeas
Corpus to get possession of my wife, and. I understand it
was not granted on account of my wife's ill health. I
don't think this prosecution will injure her. All that Mr.
Dance has done to me was to advise me to leave my wife,
and to tell me that it was necessary we should part. Ido
not think myself infamous tbr desiring to live as a husband
with a woman whom I considered as vitiated in mind and
polluted in body.
Elizabeth Bettridge lived two years in the service of
Mrs. Malkin. Mr. Bray lived in the same house, and
always treated his wife affectionately. Witness often
heard Mrs. Malkin speak disrespectfully of Mr. Bray, but
sloes not remember her precise language.
Cress-examined.—Remembered seeing Mr. Bray. with a
poker in his hand, threatening to strike Mr. Hammersley.
This was three weeks after Mrs. Bray's accouchement.
Isabella Yates was cook-maid at Mrs. Malkin's when she
resided at Clifton. Remembered one day hearing a cry of
murder, and ran up to the drawing-room. Mr. Bray's
nose was bleeding, and Mr. Hammersley had him by
the collar and was thumping bins. Mr.. Bray then
released himself, and took up the poker. Mrs. Bray and
her infant were lying on the sofa.
_

Two other female"servants were examined to prove that
Mr. Bray uniformly treated his wife with affection and
kindness:

John Davis was a servant at Mrs. Malkin's, and de

posed to the same effect as the female witnesses, as to
Mr. Bray's conduct to his wife. He added that the quar-
rels between Mr. Hammersley and Mr. Bray were fre-
quent. Mr. Bra% always conducted himself like a free
and familiar gentletnan.—(A laugh.)
Cross-examined.—He did not communicate his jealousy

to me, but I have heard him say, " Give one my wife and
a cottage, with bread and water, and comfort in preference
to my situation here." Mr. Bray was treated with great
contempt and ill-temper, both by Mrs. Malkin and Mrs.
Bray, but he took no notice of it.
Mary Allen was nurse to Mrs. Bray's child. Had
lived with Mrs. Malkin for two years. Never saw Mr.
Bray act unkindly towards his wife.
Cross-examined..---Mrs. Malkin was extremely fond of
Mrs. Bray,• who was an only child. Witness
never saw any thing improper between Mrs. Bray
and her uncle ; there was nothing between them but what
might be expected to pass between affectionate relations,
Mrs. Bray always appeared to me to be a modest discreet
young woman. I was with Mrs. Bray when they lived at
Clifton ; Mrs. Bray seemed very unhappy there ; she some-
times complained that Mr. Bray left her of an evening ;
understood be performed evening service.
Robert Webb was in the service of Mrs. Malkin in Jan.
last ; described the transaction in Brompton-row, when
Place the officer was present, and Mr. Bray was locked
up in his room. Mr. Bray wait often treated with great
disrespect; he was sometimes refused his breakfast. He
always acted with great mildness. He was often refused
meat and vegetables at dinner.
The case the prosecution having closed, the AT-
ToRNEy-GENEICAL addressed the Jury for the defendants.
He believed that this was the first occasion where the
solicitude of a tender mother, and the kindness of an affec-
tionate uncle towards a young woman; sinking prematurely
to the grave, was made the subject of criminal charge. He
hoped these prosecutions would not be common. A writ
had been instituted by the friends of Mrs. Bray against the
prosecutor for cruelty, upon the assumption that his wife's
life was actually in jeopardy from the treatment she re-
ceived.
The Learned Gentleman then observed, that the con-
duct of the prosecutor was unlike a clergyman, a gentle-
man, or a man honour. His wife was a woman of

unexceptionable character. Her life now appeared to be
drawing to a close, and what other feeling but indignation
could be felt towards a !nail who embittered her last
mammas as this wretched man had done by the present
Prosecution. As to the result of that prosecution be should
only trouble the Jury with a few words. To sustain such
a prosecution, it was necessary the jury should believe that
the prosecutor and his wife desired to live together,
but that they were prevented from doing so by the ma-
chinations of the defendants. Mrs. Bray, however,
as might he supposed, greatly dreaded to return to cohabita-
tion with such a man as the prosecutor. The separation
was entirely at her desire, and therefore this malignant and
disgraceful prosecution must fall to the ground ; but the
shame and dishonour of it would recoil on the head
of the• prosecutor. The Attorney-General concluded
by stating, that Mrs. Bray's state of health woe too
precarious to admit of her being examined iu Court,
but, under an order from Lord Tenterden, her exa-
mination had been taken
.on oath, and would be read in

evidence.
Lord TENTERDEN said, that if the Jury thought the se-
paration was at Mrs. Bray's own desire, and that her
friends had not improperly interfered, they must acquit the
defendants. In his_ opinion, no woman of education or
feeling could wish to return to cohabitation wit such a
man as Mr. Bray.
The deposition of Mrs. Bray was then given in evi_
deuce, from which it appeared that her sepaution from
the prosecutor was entirely at her own desire, and that
she was not induced to adopt the course she had taken by
the influence of her friends, but entirely from the sugges-
tion of her own feeliegs.
The Jury, without a moment's hesitation, returned a
verdict of Not Guilta.

HUDDERSFIELD, OCT. 30.—N0 improve-
ment in our market since last week.

ELOPEMENT.—On Wednesday evening all
elopement touk place from Uppingham which has excited
a considerable degree of intsrest. The gentleman is a
sporting character well known in the Cottesmore hunt,
and the lady the daughter of a gentleman of the Bar.—
Lidcoln Paper.