Star.
London, England, 1822-07-04 00:00:00

LAW INTELLIGENCE.

COURT OF XING'S BENCH, SULT_3.
SADLER V. OOTOBED AND MIER&
The plaintiff sought to recover a compensation in
damages for an injury sustained by his daughter, in
consequence of the negligence of the defendant's ser-
vants. The defendants are proprietors of the coach
running between Ely and London. In May last, the
daughter of the plaintiff was going into the country,
and she took a seat in the defen,lant's coach, which,
according to the statement of Mr. MARRTATT, who
openedthe case, was old, the springs bad, and over-
laden with luggage. Then the coach arrived within
a short distance of Ely it overturned. The plaintiff's
daughter rrceived several severe contusions by the
fall. At the moment the accident happened she was
missed by the passengers, and found under a large
box. ' The plaintiff, in order to recover his daughter
from the effects of the fall, expended £7O, and it was
stated that she had been since subject to epilepsy.
The first witness having been put into the box, Mr.
scAncErr suggested, that the amount oldamages
might be settled out of Court and a verdict yeas taken
for £2OO, subject to reference.

COURT OF COMMON PLEAS. MIX 5.
DOE ON THE DEMISE OF STEEL V. ETTERSHANK.
Mr. Serjeant TARDY stated that this was an action
of ejectment brought to recover possession of some
land near Hampstead, from which the plaintiff had
been expelled by the defendant, who entered on be-
half of the Dean and Chapter of Westminster, claim-
ing it for them as part of the waste of the reputed
manor of Bellsise. The Learned Serjeant called
more than ten witnesses, who proved the quiet pos-
session by those from whom the plaintiff derived his
title since the year mo.
Mr. Serjeant LENS, for the defendant, submitted,
that though evidence of quiet possession for twenty
years would be sufficient against a subject, and by
the 9th George 111. possession for sixty years would
make the title good as against the King, yet that the
old maxim, Milum tempts occurrit Ecclesie, would
apply in this case ; and if he could shew that t! is
laud had ever belonged to the Church, it would be
sufficient to entitle him to a verdict.
Several documents from the muniment room of
the Dean and Chapter were produced, to shew that
the reputed manor of Bellsise, and two other manors,
were granted on the dissolution of the monasteries,
first to the Bishop of Westminster, when that city
was created an Episcopal See by Henry VIII. in the
84th year of his reign, and afterwards by Queen
Mary to the Abbot and Convent of Westminster, and
lastly by Queen Elizabeth to the Chapter, in all which
the land was stated as a manor, but no evidence was
given that it had any rolls, or had held any Courts,
so as to indicate the exercise of any jurisdiction.
• The CHIEF JUSTICE left it to the Jury to say whe-
ther they considered this had ever been a manor, and
if so, whether the land in question belonged to it as
part of the waste ; at the same time he observed, that
if the evidence was not perfectly clear, it was a maxim
of the law of England, that everything should be
fairly presumed in favour of quiet possession, and
lapse of time, in order to stop as much as possible
perpetual litigation.
The Jury consulted for a few minutes, and then
returned a verdict for the plaintiff.
OLD BAILEY SESSIONS.
These Sessions commenced yesterday before Mr.
Justice HOLROYD and Mt. Justice BURROUGH.
Thoinas Burke was indicted for feloniously inter-
marrying with Mary Anne Bruce, his former wife,
Mary Butler, being at the time living.
Mr. ALLEY stated the case for the prosecution. The
prisoner, who was of respectable connexions, intro-
duced himself to the family of Mr. Butler, at Cashel,
Tipperary, and after a short courtship married his
daughter Mary. They then went to reside at Dublin,
where they continued some time, and the wife of the
prisoner was delivered of two children. Shortly after
this period lie left his family and came to London,
where he became acquainted with his second wife,
Miss Bruce, daughter of A. Bruce, Esq. of Upper
Bedford-place, Russell-square. This Lady consented
to become his wife on the prisoner obtaining her fa-
ther's consent. Mr. Bruce, in consequence or a letter,
met the prisoner at the Gray's Inn Coffee-house; but
finding he was not possessed of any landed property,
and could not make any adequate settlement on his
daughter, broke off the match. A correspondence,
however, was still carried on between the prisoner
and Mi ,s Bruce, against the admonition of her father,
through the means of a servant in the house, and, in
the latter end of last year, they were married at
Islington Church. The young Lady, as was so often
the case, soon repented of her conduct, and returned
to the parental roof of her father, when it was dis-
covered the prisoner had another wife living. Re-
wards were offered, and he was subsequently dis-
covered. The Learned Counsel observed, it might
be said for the defence, that the prisoner was a Pro-
testant, and that therefore his marriage with a Ca-
tholic, as his first wife undoubtedly was, would ren-
der the marriage invalid. He was free to confess, by
the law of Ireland, that if this was the case, the cere-
mony was not_legal, but he would prove by the wit-
nesses he should call, that the prisoner was a Catholic.
Miss E. Butler deposed, that the prisoner always
professed himself a Catholic, and joined in the rosary.
Cross-exastated.—She did not know that he came
to Cashel for any other business but to marry her
sister; witness was about 16 years old at the time;
her sister was younger. The Rev. Dr. Wright, who
is dead, married the parties ; another Priest, Father
O'Brien, was in the house at the time; the ceremony
took place in her father's house, between five and six
o'clock in the afternoon ; witness was positive it was
not twelve at night; the prisoner- was not drunk.
Julia Butler, sister to the last witness, stated that
the prisoner represented himself to be a Roman Ca-
tholic ; he joined in the rosary, and read the medita•
Lions himself.
Cr+os•

'Witness was about twelve years
of age when the marriage took place ; she had seen
Mr. Burke about a week before ; all her family were
Catholics ; she never saw the prisoner at any Catholic
place of .worship before the marriage, which took
place, in her opinion, at nine at night.
Alexander Bruce, Esq. deposed, that he resided in
Upper Bedfordialate, .Kussell.square, and that he
knew the prisoner. In consequence of receiving a
letter, witness met him at Gray's Inn Coffee-house;

be then said he wished to marry. witness's daughter,
and requested consent; witness positively, declared,
unless he was informed-of Lis circumstances, and un-
less he could make an adequate settlement, he never
would give his consent. He did not see the prisoner
for fourteen months after. The certificate of the mar-
riage, now produced, witness proceied from Doctor.
Strahan, Vicar of Islington. •
The daughter of the last witness was here called,
when Mr. ADOLPHUS objected to this Lady giving
evidence against the prisoner. The objection was
over-ruled. Miss Mary Ann Bruce merely stated that
she was married to the prisoner.
This was the case for the prosecution.
The prisoner, on being called upon for his defence,
said he was made drunk, and entrapped into the firtt
marriage, and that he never claimed Mary Butler for
his wife.
Thomas Maher, Munro, Tipperary, farmer, de-
posed that he was a Catholic, and stood sponsor at
the birth of the prisoner. He was christened by Mr.
E. Jordan, Protestant Minister, of Temple Derry.—
The prisoner was brought up in the Protestant
Church, and baptized.
Cross-examincd.—Had seen persons of the name of
O'Birt at mass. The mother of the prisoner knew
witness was a Papist when he stood sponsor to him.
Witness did not know whether Maynooth was an Irish
College, or that prisoner's brother was a student there.
Edmund Burke Stated that he was an elder brother
of the prisoner's, and lived at Springfield, in the
county of Tipperary. The prisoner was brought up
in the principles of the Protestant religion, and served
his apprenticeship in Dublin; witness was at Butler's
,house on the day the marriage was said to have
taken place, and saw his brother the Sunday before;
witness dined at Butler's house ; dined after night-
fall ; he was neither drunk nor sober ; heard James
,Butler say he wished to give witness's brother one of
his daughters; witness advised him to the contrary,
las his brother was a Protestant ; they then drank
'hard and played at cards for about three hours, when
the Parish Priest was sent for; the prisoner was then
asked to become a Catholic, but he said lie would
not ; he was not sober at the time; Wright, the priest,
after this, came out and declined marrying the par-
ties; witness advised his-brother to go home to Bur-
teeny, about 15 miles distant ; Butler immediately
got up and said no person should go till they were
all on good terms; they again sat down and got
" stupidly and dangerously drunk;" witness was
positive while he was there no marriage ceremony
took place.
Croweratnined.—His brother Thomas went to Ma jr-
nooth College, but witness don't know he was expelled.
Dennis and John Burke both swore that the pri-
soner was brought up as a Protestant. Robert Mur-
ray also deposed that the prisoner always professed'
the Protestant religion.
Mr. ADOLPHUS contended that the evidence for the
prosecution was not sufficient to go to the Jury. In
support of his objection the Learned Counsel read
the Act of the 19th of George 11. c. 18. for annulling,
all marriages made between Protestant and Papist,
or between Protestant and Protestant by a Popish
Priest ; and another passage from the 22d of Geo. 111.
c. 31. Now there was no proof the prisoner was a
Catholic, for the young ladies who had given evidence'
for the prosecution had only known him a week before
the marriage, and therefore could not positively
speak to his faith.
Mr. Justice HOLROYD said it was for the Jury to
determine whether it was proved that the prisoner was
a Catholic or not. His Lordship then proceeded to
sum up the evidence at great length to the Jury,who,
after renting for a quarter of an hour, pronounced
the prisoner Guilty.
This case occupied nearly the whole of the day.
The following were also convicted of felonies :
William Cavanagh, aged 32, for stealing a cwt; John Taylor,
aged 18, for stealing a copper; James Hamilton, aged 19, for
stealing fifty sovereigns ; Henry Johnson, aged 18, for stealing a
handkerchief ; Daniel Smith, aged 18, for stealing a remnant of
leno ; Robert Davis, aged 16, for stealing a handkerchief; G.
Mills, aged 21, for stealing a gown from the Fleet prison ; John
Dickinson, aged 19, for stealing watch seals; and Abraham
Morris, aged 54, for stealing a silver spoon.
The following were acquitted :
Reuben Manth, of embezzlement ; Thomas Jay (the King's
postillion), of picking a pocket ; and Rachael Abrahams, of
shoplifting.