Star.
London, England, 1814-01-28 00:00:00

.ti:.'...

LAW INTELLIGENCE.

lit

' • • A very important cnse, which 'hail 'tor some time
. been Oct blepzodartes between. the Cf.cigy anti Magi.-
.., etrates of•Ektinkturgh; we Aeteintioied the other day
by tbe.Conit of bessifn,tnitaviwr of the Clergy,
are rniind untitled to the excliviVe benelit of cert4ii
funds the Ma&strates otfrertiisc Appropti-ate4
I'he,reventte, liow, tf -eath7estabrtslieci C,lcrg y mat
. , will be very considerable. .
• The cue of DAttIYMPLV: V. DALWIMPLi. Nhicrl
came by Appeal be.?utc the Court; of Delegates, has
been 6nAlly decided. It occnpie4l tbe. atten,tion of
• the 'Cbrat for iwo days, and their ',Lordships, after
aringsthe-arguments of Counsel on both sides, have
• .rithrned the sentence of Sir WILLIAbi SCOTT- in favour.
. ai the validity of, the inattiagu.
...ARCHES COURT, DOCVORS' COMMONS, JAN. 27.'
_ ADULTERY.

,- REST C. LADY EMILY DElt.
_ This was a. proceeding for a div.orce at the instance
•of Thomas Best, EF.q. (the gentleman by whom the
' late Lord Ca'nelford teas shot in a 'dile)), against
Lady Emily Best, his wife, on the ground 'of adUl-
tery, alleged to have been committed xiith, Joseph
Henry, Esq. . -
It ,appeared from the evidence, that the parties
were married in September, lBdtl, and lived together
from that iimc until the year 1807, at Mr. Best's
-Pulse, in Stratford-place. '.About that time, from
...the erntarrasted state of his affairs, he was undee the

necessity of stirrenderin4 himself to the king's Bench,
.anti having obtained the rules, he up his resi-
dence in 'fetnple-place, -St. Georges-fields, Lady
. Doily remaining with' her father, the Earl olAldo
borough, in. Briy.'llc-street, Grosvenor-square. Frota
thence she aecon.panied bins and the •CoUntess;. het
• -xnother, to Ireland ; and, returning in June, MOB,'
renewed her cohab..ation ..rich her liusb'and in Tem-
pre-place.; She left hint shortly ifietwards, and
eloped-with Mr. Henry, passed the biAlit athislodg-
• logs, in Duke-street, 'Westminster mid the next morn.
'isg :hey.went together to the Pack Horse, Turnham-
, green, where
,they remained about three wets ; die*
then removed to 'Lodge-park,' Kildare, Ireland, the
seat of Mr. Henry, where, they um :filmed until his
cleaihzin February, 1810, const.wtly during this time
passing as husand and ksfife. A child, who was
• baptized as their's at Teddington.' Middlesex, shortly
- after Lady Emily's return, was the fink of Ibis eon-
steetiOn. . Mr. Best brought his action againit
Henry in the Conti-of -Kin3es.l3each, who suffered
• judgment to io bidefaulty sod in January. 1809,
an inquisition ' WAS "taken, and the _damage& asseited
-SUMO. •
Lady Eitniles Counsel admitted that the adult art
..wwwropfy proved, and thateuppa an attentive cuts.
.aider.atioo of the whole ciscumstatices of the cues they,
did not see any sufricient groond.toxeSiat the Op*.
taifott for a divorce ToUnded up° n then,. •
JOHIE LJICuOLL suggested, whether ther,4
ani'satUfactory r.earton assiosedicir theittose Ytftaait
.tritai y ears) betweeitffie *edict at cfittlielontatirs
: and the commencement of tbkaHert alto' arwa-1
stance which carried With* SWO4OII af r
on the pat: of the ho&Oand ?.
• Lady Emily'.Counsel.isplied, tliat girtmoi-
eelnce had gtcortscLin atesi 14,.tfiv,only rowid ctf
cbjectiot ; butt ..were appreijensive it was
•-!ittficiently repelled by the proof -of Mr. Best's cir-
- •-•,tances, being such as to render it improbable
' possess the means of sustaining the present
. .tlin period. As, however, the circum-
ro be considered so important by the
tiair doubts had revived; and they, there-
proceeded tO contend for the siis•h,ension of con-
• nivance, noticing particularly, .that it nas to be in-
. ferred from the circumstances of M-. Best's not apo
. pearing to have enfo:cLd payment of the damages,
. which, if he hid, would have enabled hint to have
brought the suit in due time. •
• Sir JOHN Mo unt. recaoitelated the circumstances
Of the case, and observed, that 'upon the proof of
adultery thee could be no doubts the Court, how-
ever, expected • scimithing more than this from the
• complaining patty—it expected an ample elucidation
of his conduct, more or less according to the suspi-
cion attaching to it; and a forbearance from claim-
ing his remedy for so long a period as five years, re-
quired some further explanation than a mere sug-
gestion of embarrassed circumstances. Such a for-
' -bearance raised a suspicion of connivance, and that
• suspicion must be removed before the husband
could now fairly claim his remedy. He then en-
-wed into an examination of the facts in proof,' and
• of 'the husband's conduct ; and was of opiniob, that
' they rather tended to infer his privity to the etopy-
:tent and adultery complained of, particularly, as
there was. (to ,a man otherwise circumstanced) so
' strong a motive for seeking a divorce, as the birth of
• a spurious child, publicly recognised and registered
as such, when christened., As, however, the proof of
adultery was so clear, and the husband's situation
'anckcircumstances such as to render it possible that
he might have been prevented from claiming his re-
medy sooner, the Ccurt• would give him the oppor-
tunity of explaining that fact, by rescinding the con-
clusion of the cause, to cnahlt: him todo so by affida-
vit.; but if he declined, doing so, his only remedy
• *mild be by an' appeal from the decision, which this
Court would then feel it to be its duty to pronounce.
Leave was therefore given until ,the next Court,
for Mr. Best's Counsel to move fcr rescinding the
cause for this purpose, if, upon consideration, they
think it advisable to do so.

• •

.

WALKER V. WALKER.
• • This was a proceeding. of• divorce instituted by
• Mary Walker the wife, of the pariSh of All-Saints,
• in the city of Worcester, against Charles Walker her
, ..hUsbard, on the.ground of adultery, alkdged to.have
been committed. with'Sarah Norneutt. It appeared
that Mr.-Walker. and Mrs. Norn-cutt had been living
in a 'state of adaltcry
,between 20 and 60 years, with-
4mit any interference ()lac wife till the bridging this
• bait. —The euvrt was of opittion.that this amounted
to an acquiescence on the part of the wife, and there-
fore 1= dismissed the suit. '

Monday se'nnight N. Blair was brought from In-
verary and lodged in Glasgow jail, and next morn-.
iog sept Ldinburg,ii, to stand trial for issuisg
f9rged totes.

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