Star.
London, England, 1809-12-25 00:00:00

LAW INTEL.LIGEMCE.

Was In a state of lunacy at het Marriage: Supposeit
was proved, under a commission of lunacy, that she'
was, the Court had no jurisdiction to dissolve the
Marriage, Suppose her husband, in the space of '2O
years, did obtain landed property to the amount of
£lO,OOO, she would be, by that verdict, deprived of
her dowry ,It was impossible that Court could in-
terfere, under any circumstances. The situation of
Mr. Joseph Munyard was a severe one ; and, indeed,
he had not solicited the marriage • en the contrary-, ,
he was the person solicited by Mr. Daniels ; and,
since it had taken place, his conduct could not be
impeached. He had been a most tender .;,nd affec-
tionate husband ; and, as his wife had become re-
stored to reason, he was only beginning to enjoy her
society, and she was sensible of her happiness. It
was an act of severity, to attempt to separate her
from the only person who had the power of restoring
her to reason. The father thought her insanity was
caused by her affection for Mr. Munyard, and he was
not deceived, as the sequel had borne :him out. But,
suppose it was not the case, the impaired mind of
Mr. Daniels, acknowledged by his affidavit, made
ilahid.
m
yan unfit person to have the custody of this young
Mr. Daniels, a respectable-looking elderly gentle-
man, jumped up, inside the Bar, in the nioct frantic
manner, stamped most violently, and, locking at a
gentleman whom we suppose to be Mr. Joseph Mu a
yard, exclaimed—" My Lord, that is the man th .-
1 has distressed and ruined me and my child. I demanl
my unfortunate child from your Lordship. 1 woo t
sooner be dead than my daughter should remain in
' her present situation.. Let your Lordship order me
Ito be hanged, if you will only relieve her."
The LORD CHANCELLOR gave the only answer which
could be given to this unfortunate Gentleman, whiOh
was, a look of pity and commiseration.
Mr. Hater said, after what had passed, he would
not trouble his Lordship any further ; but, he was not
aware that he had made use of any expression that
could hurt the feelings, or provoke snch irritation ;
if he had, it was without his knowledge, and he trust-
ed his Lordship would believe he was incapable of
doing it knowingly.
Mr. WILSON followed on the same side ; and said
he would pursue the example of his Learned Friend,
Mr. Hart, and touch upon the case lightly ; he would
not state the affidavits, afraid of a repetition of the
scene they had witnessed, and this course, he had not
a doubt, would meet the approbation of his Lordship,
as he could have an opportunity of reading the affi-
davits in his closet. The Learned Counsel contended,
the Lady was under the proper protection, that of her
husband, which both law and equity must confirm.
The application had more in view than changing the
custody of the Lady, for it went to annul the settle.
ment.
Sir SAMUEL ROMILLY replied with his usual
eloquence and force of argument, He contended.
that this unfortunate young Lady was in a worse
situation than if there was a verdict of a Jury, con-
firming her insanity at the time of her marriage ;
for if she had recovered her reason, or ever did re-
cover it, and was sensible of the affections of a
husband, she could not return them as a wife, be-
cause she 'was not one ; her issue would be
mate ; and could at any time be made out so by the
neat heir of Mr. Munyard. He had seen some of
the affidavits on the other side, but they did not
contradict those of his client. Dr. Munro's affi- •
davit stated she was insane in November last, and
there must have been a very quick change wrought
in her, if she was now of sound mind. He acknow-
ledged that the father, Mr. Daniels, was the real Pe-
titioner ; but his Lordship knew, by the regulations •
of the Cour., it was obliged to come in the shape it
did before them. As to the irritation of Mr. Daniels,
if others were surprised. at it, he was not ; for it was
impossible to know what a length the affection of a.
parent for an only child will drive him to. None
but a parent could be sensible of a father's woes,
when deprived of what he only thought worth living
for—an only daughter. He contended that . his
learned friends had not introduced a single argument
to skew that the prayer of the petition ought not to
be granted. He did humbly submit, that there was
but one view of the case for his Lordship to take,
which was, that the marriage was .a nullity, which
vested the right of custody in the natural guardian,
the father.
Lord ELDON observed, that not having an oppor-
tunity of hearing the affidavits of Mr. Munyard read,
. he would look over them, and give his decision on
Tuesday morniTl.
His Lordship sits, on the 12th and 15th of January,
to hear bankrupt petitions.

annur OF CHANCERY, DEQEMBIR es.
EXTRAORDINARY CASE.
Sir S. ROMILLY stated, this was the, petition of
Sarah Anne Daniels, a lunatic, to have herself re-
Moved from the custody of Joseph Munyard, into
that of her father, Mr. James Daniels, or into that
of any other persons that the Court Might think
proper. The Learned Counsel stated, that never in
life, as a Counsel, did he feel more embarrass-
anent or more anxiety for the success of an applica-
tion, than at present ; the circumstances of the .case
were most novel and distressing. He trusted that he
might never again be obliged to listen to the anxiety
kof the father of this unfortunate young lady, It was
too much for his weak nerves. It would be sufficient
to draw pity from the breast of an uncultivated untu-
tored savage. Mr. Daniels was a respectable gentle-
man, residing at Hampstead ; the petitioner was his
only child. In the month of March last she became
deranged in her mind ; she shewed it in several ways
by tearing her clothes, sitting for hours naked, strik-
ing her attendants, and using most violent exclama-4
thins. Dr. Munro's assistance was called in, but
without effect. The agony of the doming father could
be better conceived than described-;, from the distres-
sed state of his mind, his body became impaired. The
iwhole affection of the parent was called forth, and
his mind being weakened by distress and bodily pain,
he conceived the cause of his daughter's insanity was
a secret passion for Mr. Joseph Munyard, a young Soli-
citor in the neighbourhood. He knew she had seen
him, as he had done some professional business for
him (Mr. Daniels) ; he was confirmed.in this opinion by the expressions of the petitioner in her fits of insa-
I
laity. He thought, by giving her the object, what
Ihe supposed to be her choice, he would remove her
insanity. He accordingly sent for Mr. Joseph Mun-
yard, and acquainted him with his intentions, without
secreting any thing, which were immediately acceded
to by him. The petitioner was at this time only 19
years of age, being 20 in last November. Mr. Da-
niels agreed to give Mr. Munyard £5OO on the mar-
riage, and the interest of 86000 stock, until the pe-
.
'intoner came to• the age of 24., when it was to be laid
out by Trustees for the benefit of the petitioner and
her issue. Mr. Munyard had been in "the habit of I
seeing the petitioner daily, in the presence of her at-
tendants, from the 20th of March- to the Bth of
April, the day on which the marriage took place, and
of seeing her insanity. The prospect of the union
did not recover her. On the morning it took place,
it was with difficulty she could be prevailed on to
allow herself to be dressed. In the church, instead
of attending to the ceremony, she was looking around
her with a vacant stare, which shewed she was not
of sound mind at the time. Mr. Munyard took her
home, but it made no change in her mind. On the
17th of April, he returned her to her father, Mr. Da-
niels, who again put her under the charge of Dr.
Munro. On the 25th of April, Mr. J. Munyard
called on Mr. Daniels, and told him, if he did not
give him a lien on the six thousand pounds stock, and
a promise of the residue of his fortune, at his death,
he would take the petitioner away, as he had a right
to do,she being his wife, and that he, the father, should
never see her more. Mr. Daniels refused to comply
with this demand ; and on the Ist of May he put his
threat into execution, and carried the petitioner off by
force. On the 16th of August, there was an execution
put into Mr. Daniel's house, for £5OO, by the father of
Mr. Joseph Munyard, on the bond given to the latter by
Mr. Daniels. The petitioner had been since neglected
by Joseph Munyard, and deprived of those comforts
her situation required. The Learned Counsel con-
tinued, that if there ever was a case which required
the interference of the Court, it was the present. It
asked but little ; only that this unfortunate 4pd beau-
tiful young lady might be given into tae cstody of
her father, or some other person, under the direction
of that Court, who would attend to her wants and
comforts. It came fully under the jurisdiction of
his Lordship, f--T if she was insane, at the time of
the -ceremony, the marriage was null and void ;
for, although the person was present, the mind
was absent. It was like a person married by proxy,
and the marriage never consummated. It was true,
they had been married by' licence, and with the
consent of her father ; but his indiscretion, which
be had severely suffered for, could not make an
unlawful act a lawful one ; and if she was in a state
of insanity at the time of the marriage, it must be
unlawful. The Clergyman who performed the ser-
vice even perceived there was something wrong
about her ; for, on his return to his family, be
observed, she must be either insane or an idiot. The
reason why this application had not been made before
was, that Mr. Daniels intended instituting a suit in
the Spiritual Court, to dissolve the marriage ; but he
found he could not become a suitor there, when he
had given his consent to the thing he complained of.
Under these circumstances, he had not a doubt but
the Court would look upon her as if the marriage
had not taken place ; in which case the right of cus-
tody could not be vested in Mr. Joseph Munyard.
Mr. BELL followed on the same side, and contend-
ed, the petitioner had a right to tilt redress asked for tat
by the petition. p g
of
resent appship to ni.
.._
Mr. RICHARDS, as Counsel for Mr. Daniels, sub-
initted that his client was sorry for the part he had the piss, but refused to
acted, and regretted every hour that he bad been
his son, on which proceedings were
guilty of such an indiscretion. nicate hiM.
Mr. HART, Counsel for Mr. Joseph Munyard, con- Dr. ArnolA
tended, that this application was irregular,, for the
Court had no jurisdiction to do away with the
willing act of the lawful father of this young lady.
This was not her petition, although it professed to be
so on the face #if it, but that of Mr. Daniels, the fa-
ther—who had nothing to do, if he was displeased,
p po
on riday, by the
the Tender,
who,
withr Lee .and Biala,
but to sue out a commission of lunacy to.try the fact, we
whether she was or was not insane at the time the Bow-street
marriage took place, and have it confirmed by the Breaseren't tohiet boardick
c
ingcaptai Magistrates, w
n,on
naeeonnt
of
fatt rejected
elvnun ydbhe.t:e avßeulat-
ehimselfself
verdict of a Jury. lin the hand, as mentioned in our last, as well as the
Sir SAMUEL ROMILLY" He could not have a
, general infamy of his character ; he has, therefore,
commission of lunacy, without there was property in been committed as a rogue and vagabond.
the case." CHRISTMAS BOXES AND NEW YEARS GIFTS.—The
Lori ELDON—" The Court would not grant it, I very best that can be given or received, are to be
without the husband was not able to take care of her, , had at CARTER'S, No. 8, Charing-Cross. By the
and consented to the commission." purchase of Lottery Share:, you may secure to your.
• Mr.- HART, in continuatitm, observed, that he had self or friends an absolute fortune.—The risk is what
affidavits, which denied she was insane at the time of every one can afford—the fortunate consequences are
the marriage, or that she was so now • but of sound what every one desires. Instead, therefore, of merely
mind, on the most affectionate terms with her husband,
wishing children or friends a happy new year, make it
and dreading nothing but a separation from him.— one, by giving them a probable chance of pi osperity
The first question to be considered was, whether she for life.

EX-PARTE BORRAINE.

This was an application to quash a Writ issued by
the Court of Prerogative, Doctors' Commons, to com-
pel Mr. Borraine to become tilt guardian of his son,
for the purpose of having process served upon him.
The• wife of Mr. Borraine, jun. had libelled her hus-
band in the Prerogative Court; for adultery, and.
other crimes and misdemeanors against the connubial
state, but he being under the age of twenty-one, no
process of that Court could compel him to appear to
the snit ; and- proceedings were then had against the
present applicant, fo compel him to take out letters
of guardianship to his son. Mr. Borraine appeared to
the process, but refused to become the guardian of
his son, on which proceedings were had to excommu-
nicate hiM.
Dr. Arnold, the Civilian, attended, and was bean
in support of the writ, but the Lord ChancellcK was
of opinion that the process could not be supported,
and ordered the writ to be quashed.