Star.
London, England, 1827-01-30 00:00:00

soar,.

• •

COMIC! OF CHANAllaNlas.
is "OIL IWlrill.lllE so. &OM .11111$LIBILIT •w•3•11,-U---.

The Arroners-Gserna Li at thesitting:of the Coast
resumed -his argument in reply. It was, be.iaid, a ma-
terial point, in this case, to ascertain,
tilLtaible, any
facts which had a tendency to shew w that per-
version, which seemed at one time undoubtedly to have
existed in the moral structure, of Mr.WelleSley's Mind,
had undergone any amelioration, or whether it still
continued in the same state of maivestation. He could
. discover nothing which indicated any amelioiation ; but
these was a letter in existencerto. which he would draw
. the attention of the Court, and which appeared to de.
(anonstrate that. the mind of Mr. Wellesley, instead of
•nndergoing any process of reformation, as the events of
this case successively evolved. themselves, had rather
become more callous and indifferent to those moral sen-
timents by which the conduct of mankind is usually
tegnlated. The letter in question was written by Mrs.
Wellesley to Lord Maryborough, and bole date the
21A of June, 1824. In that letter Mrs. W. offered, if
Mr. W. would give up his connection with Mrs. Bligh,
to give that Lady a maintenance out of her reduced and
balf•exhausted pin-money. The Learned Attorney
admitted that he was not in, possession of evidence to
shew that Mr. Wellesley had ever seen this letter,
though he could hardly entertain a doubt, tbat if
be had not seen it, this circumstance arose from a
conviction on the part of Mrs. Wellesley's friends
that .his mind was in a condition not to be affected
even by this most disinterested and liberal offer.—
If he (the Learned Attorney) were to select any circum-
stance out of the life of this admirable woman, as more
than-any other illustrative- of the perfect moral beauty
of her mind, this was the circumstance on which he
could lay his 'finger and say, that'it proved a degree of
benevolence and beauty of moral feeling which had
never been surpassed. The Learned Counsel then went
on to that part of Mr. Wellesley's affidavit in which he
charged the Miss Longs with sectarianism and fanati-
cism. To this allegation he opposed their own affidavit
and that of Mr. Aubrey, in which they distinctly stated
themselves to be members of the Established Church, and
that they had always cultivated its mild and benevolent
dot trine, to the exclusion of those of the Sectarians or of
any other Church whatever. • blr.W. had also charged
them with being connected with tract societies, and with
having sent some to his children, which he alleged that
he bad burned. To this the Misses Long replied, that
they had never sent any such tracts, and therefore the
whole of this part of Mr. W:s affidavit was untrue: The
Learned Attorney here advirted to what he sailed—
" Tea and Tract Societies," of which he spoke in the
. .

utmost'contempt, and declared that he never had or
woutchabscribe to them the " twentieth part of a brass
farthing." There were, however, others of a different
character, such as the Society for Propagating Chris-
tianity in Foreiin Parts, and alsO one for a similar pur-
pose at home, which were under the direction of the
most distinguished persons in the Church, to the support
of which several of his friends around him contributed,
to which he himself was ready to cast in his mite, and
as to which he could see no harm at all if the Misses
Long should concur in the same opinion, and also lend
their patronage to further the ends of them. Well
then, the•general allegation of being sectarians and fa-
natics ' they had met by as general a denial; the
particulai act imputed to them they had repelled by
a paetioular denial. But, even supposing that
Mr. Wellesley had succeeded in fiting sectarianism on
the opinioni and habits of the Misses Long, he would
not have been a whit nearer. However successful he
might have been in 'hewing their di,qualification, this
uoold not in the least have proved his qualification
for the guardianship of these children. Tile Learned
Attorney then adverted to the imputations which Mr.
Wellesley had cast on the c,harictir, conduct, and mo•
Lives of Mr. Pittman, whom to had cbarged with
writing a most unfeeling letter to Dr. Bulkeley, on the
death of Mrs.• Wellesley; df Dr. Bulkeley, whom he
had denied to posiess.that
.confidence and nest 'from
Mrs. Wellesley which. he had asserted himself to
possess ; the whole of which aspersions, he contended
were refuted, either by .documents in direct oppo-
sirinn to these aspersions, or by circumstantial evi-
deuce, which was equally decisive. It wisuld be lie-
cullected, that not loci ago sc. most important discus-

;ion took plafee bOrdai. Woo the num.,
tion, wbetberbr nofirdsikellsre-sbeekdk Mr afterwards
be permitted to marry an:ideas the result Of the discus-
sion was, that no seanditieriAt4-of the House bad-been
midi:prerhibiting such a marriego and Aisle iver
happen tbit Mr.' W. and Mrs: .B. intermarried,
.ttilisldlt
be supposed for an instillt thii the female child' could
be brought up with her father in common with. Mrs.
B.? • It had been said; that. in•the higher classes of
society a great dear-of Imre/0114 obtained; in some
instances it did, bui, on the whole, the Learned Counsel
felt the. most perfect conviction, that .there was in this
country a great deal more morality and delicacy in the
minds of, and attended to by, the higher circles, than
in any courser-7 under the sun ; and the marriage of
Miss Wellesley, and perhaps of the sons too, might be
materially prejudiced, and e'en lost, were it known
that these children were brought up in a house where
they had communion with*Mrs.
His Low:mats observed, that all the Bills brought
into the House of Lords, were Bills-with a clause to
enable a husband to marry again ; but no Bill had yet
had a clause enabling a wife to marry again.
The Ariostion Gs/4E1.44's lait observatioti was upon
the complaint that had been made by the other side, of
having had this case discussed in public. He (the
Learned Counsel) was one who had advised the public
discussion of it; and what was more, he would net
have held a brief in it had it not been so discussed. The
Lord Chancellor was bound to decide, according to his
own opinion, should Ole opinion of the whole world bed
against that judgment; but should the public concur.
I in the Chancellor's judgment, . so much greater wouid,
be the benefit and satisfaction to all parties. Indeed,
the public had a right to hear such discussions in Courts,
of Justice; the Chancellor, therefore, had done well in
hating heard it in public, and there was little doubt.
that the public would agree with the decision about to
be made.

a. The LORD CHANCELLOR said, though to-morrow
would be a dies aoa, he meant to attend here to hear an
,_
application upon a writ of Habeas Corpus; but as all
the Counsel would not then be in attendance, he would
give judgment in this case on Wednesdar morning.—
He wished by then to be informed whether satisfaction
was entered en all or any of the judgments that stood
against Mr. Wellesley in the Courts of Law; and also
what was the exact state of the arrangement that had
been made by Mr. Wellesley's trustees, enabling him to
tome to and remain in this country for two years. If
the fact turned out to be that Mr. Wellesley could not
remain in this country, his Lordship did not know that'
it was very necessary for the Court to go a step further,
for n never could permit its wards to be removed.—
The jurisdiction of this Court was clear; and it was
founded on the ground of doing that which the Com-
mon Law could not do; the rights of a parent, the
Common Lite could enforce, but-his LOrdship doubted
whether it could enforce the duties of a patent.
Mr. Howe:tad, that it would be impossible for Mr. Welles-
ley's attorney to attend on Wednesday, and therefore
His lAKIPSIMP appdloted Thursday u the day on which he Will
give Odium. hoping the public and t►e parties would recollect
thatehis delay, even of a day, was not on his own account.

YlcirreliANCEptdßS dOURT.J.mr. to.

IN TEN zrru OV 310 MM, •

This was a Petition to supersede a oMninlialoo of bankruptcy so
the resod that is had been improperly obtained.
Mr. HiALD, who appeared in support of the Petition,
stated, that the commission had been taken out by a
creditor named HaWkes, at the instigation of Mr. Swia-
den, the bankrupt's attorney, who told Hawkes, that
the Excise were about to issue an extent against Homer.
When the debts were proved against the bankrupt, one
'of his brothers proved a debt to the amount of 341. and
'exhibited an affidavit of another brother who clitimed
1,2501. against the bankrupt's estate.. The latter sum
was alleged to have been transmitted from America to
the bankrupt. The bankrupt succeeded in obtaining
his certificate, which was, however, signed by me
commissioners only. Another alleged informality was,
that the affidavit of the witnesses who attested the signa-
ture of the creditors to the certificate bore no date. The
Learned Gentleman, after stating that throughout the
entire proceedings, Swindon bad acted in the double
capacity of solicitor to the bankrupt and to the peti-
tioning creditor, submitted that as the commission was
cleat ly a " concerted" one, it ought to be superseded.
His kimmoa thought that the commission was not a concerted
one, and said that the Petition must he dismissed:

Mr. HLALD said, that the usual order made by the
Court, on the failure of a Petition of this nature, was
that the certificate of the bankrupt be forthwith laid
before the Lord Chancellor for his signature. If hli
Honour's order on the present occasion ran so, it would
cure.the informalities of the certificate, and compel the
officer who usually inspected the certificate to overlook
the defects complained of. If his Honour decided that
the signature of one commissioner could be dispensed
with, why not the signatures of all three?

A discusiion having eit-surd between COussei on both sides. •in
which it was atinkitted that each- an objeetion•bad never before
been taboo, • •
The VlOll-CsAIICILLOIL said tier he wield dismiss the Petition
without saying one word In the °ode . respecting the certificate.
Mr. Hestia hoped, that as the hearing of the Petition had been
twice postponed on the application of the sober side, his Honour
would allow t►e costs at the pfttpcsasest.
The Vice-Cuanceacoa.—l can't, and' I think it a great utlichlil
that I have not the power of doing so.

COURT OF KING'S BENCH, Jas. 29.
TIM UM 0. THE ItATOII di LIMO&

The SOLICITOR GENRRAL moved -for a rule shew
cause why a writ of mandamus should not be directed
, to the Lord Nlayor and Corporation of the City of Lon-
don, commanding them to swear in Mr. Sheriff Win-
chaster as an Alderman of the Ward of Vintry.
An election loran Alderman for the above Ward mist
place on the 2d of November last, when Mr. Winchester,
M.. Wilde, and Mr. Crook stood candidates. At the
conclusion of the poll there appeared to be— •

For Mr. Winchester
• For Mr. Wilde
For Mr. Crook 3
Whereupon a scrutiny was demanded on the part of
Mr. Wilde, which being granted, it took place on the
19th of December, on the result of which the present
Lord Mayor declared Mr. Winchester clikly elected.
Mr. Wilde sent in a petition complaining of some pro.
reeding: that took place during the polling. On hear-
ing which the Court of Aldermen declined the election
void, and a new electi. n accordingly took place, in
which, though Mr. Winchester a as a party, yet he pro-
tested against it all along as illegal. The result of the
.econd election w is the return of NIG Wilde as Afder.
man of the Ward. The present application was founded

31 votes.
27

on an Act passed in the 11th ot Geo. 111. chap. 19
which required, that in case of a scrutiny being de
'Banded on such occasions, the Lord I.syor shotildin.
stitute it Forthwith and make return acct•rdingly.

The Souctratt GILSZRAG contended, thAt the Court
of Aldermen had no authority to invalidate the *lee-
ion ; the proper mode of "ptoce:di g wls to have !qt.

•

r• • It.

,~;~.;,

.-t.

Winchester sworn in, and if Om,
againyt hie Atictidts,:;,he oetycleOno,
valid it isbisold fr :decided, .be.by. fee
--litule to shew cause granted. : .• . : •
Itr. Saturn then proposed: to malt* Mr. Wild, a par; fo
•
the '
The Coeur uttlered-Mr. mime to be:included in the
• At one o'clock the Lao Cant ivories vet at •bilsi Prins, and
tried several eitaunoaJury cases of 09 PlibliC inereSt•
'ARCHES COURT, iLdrilAak 451.' • ,
'ossoestaaes weentave. •
this case the Coon proceeded to glee -judgment. • •
Sir J. NICHOL& commenced by 's history of this case,
which had. been originally instituted in the Consistoiy
Court of Canterbury, snit was brought into the Arches
Court, in the 'way of appeal. from the judgment of .Sr
C. Robinson, who bsd•decided that Lady Westmeath
was not entitled to the relief for which she prayed. The
Learned Judge then entered minutely into the facts of
the case. The parties were married in 1812, and lived
together until June, 181x9, when their final separation
took place. After the marriage. of the parties, the
proceeded to Ireland, where they. lived at a place Called
Cloneen, where those unhappy differences commenced,
Which had produced so much miserly to the parties. In
1816, Lord and Lady Westmeath proceeded to.' the
continent, and from some occurrences which took place
there, Lady W. first intimated her desire to separate
from her husband ; however, a reconciliation table,
quently took place, and the parties continued to cohabit
until 1818, when articles of separation were agreed upon
between them, and a settlement of 1,8001. a year was
made upon Lady Westmeath. To prevent this arrange-
ment, however, from becoming public, it was agreed
that Lord W. should have a chamber in Lady W.'s
house, and this arrangement was acted upon until June
1819, when, in consequence of some alleged impropriety
of Lord Westmeath, Lady Westmeath w ithdrew hersel
altogether from his society. There were souse circum-
stances of prepossession in this case, to which the Court
*as bound to allude. .The evidence of Lady Salisbury,
Lady.Westmeath's mother, was considered to affect h
Ladyship's case so much, hat Lady Salisbury was ex-
'ausined as a witness for Lord Westmeath, and had 'de-
posed that her daughter had not communicated to 'her'
any of the serious charges made against Lord West-
swath. This circumstance must bias the mind in some.
degree against Lady . Westmeath : but if it appeared
that Lady Salisbury possessed what might be called
morbid sensibility upon the subject of Lord and Ladyi
Westmeath's quarrels being known to theworld, it is not
too much to suppose that LadyWeatmeath concealed her.
differences from her roother,and from motives which were
'anything but Improper. Another,; and Mach stronger.
prepossession, however, wes derived frank iheicircartil
stance, that some of 'the witness.. produced bridady;
Westmeath had been convicted of perjury, and, as iq
bad been demonstrated in the course of thisztok: that(
conviction was founded upon the cllirestifeitleacit:Thle
circumstance threw a degree of suspiciots iipon• thesicel
Moony of other witnesses, and, as he before observed'
certainly produced a strong prepossession in favour ol!
Lord Westmeath: In dwelling upon this, point, 'the
Learoed-Indgeobeerved, that he coincided entirely *kb
the Judge of the Consistory Court, that the charge of
adultery had not been proved in any instance. If the wit-.
news could be fully depended upon, it might excite
suspition against Lord Westmeath, but- there was no:
thing amounting 14 proof. The charge of cruelty, there.,
,fore, was all that remained for the. Court to consider
and in deciding upon that charge, he (Sir J. Sichollj
determined to follow the legal principles laid down by
Lord Stowell. If cruelty had been inflicted, the repeti-
tion of which would endanger the life of the wife, there
could be no doubt that a charge of legal cruelty had
been established. Not only the natural, but the act
quire,' feelings of the_ parties were also to be taken
into consideration. In a low rank of life, persons of
different sexes might exchange blows, without its cams+
log any great degree of injury to the feelings; yet even
in this rank, as well as others, it had. beets considered
unmanly to strike a woman; but in a higher rank,
where a Nobleman or a Gentleman, is whose mind
ferocity might be supposed to be softened by education,
was prove 4 to inflict personal violence on his wife, the
crime became much more aggravated. The charges
of personal cruelty against Lord Westmeath were cm
tainly of a most aggravated character, and it therefore
became necessary to examine particularly upon what eta-
deuce those charges were founded. The evidence was of
two kinds,that derived from the testimo of others, and
that derived from the admissions of Ld.Wes'meath '
self. A principal witness was-Sarah Mackenzie, who had
been for several years in Lady Westmeath's family, and
might be supposed to have a strong bias in'her Lady
ship's favour; yet it was only just to say that the tes-
timony of this witness appeared to be perfectly fair.—
The charges .of cruelty, however, did not depend alto-
gether upon the evidence of this witnessarMr. Wood,
lan intimate friend of Lord Westmeath and his father;
Miss Wood, the daughter of Mr. Wood ; and Janet
Sures, LZdy Westmeath's fella de chanibre, all deposed
to acts of cruelty committed by Lord Westmeath. The
Learned Judge here proceeded to enumerate the alleged
acts of.violence in regular succession, and dwelt strongly
lon the transaction which was stated to have taken place
at Granvilliers, when the parties were proceeding to
Psis. Lord and Lady Westmeath, Miss Wood, and Janet
Sures, having' stopped at the post-house in this village,
Lady Westmeath, Who bad suffered from sea-sickness,
observing the wretchedness of the accommodation, said,
" Good GOD, Loid Westmeath, what a place you have
brought us tor upon which Lord Westmeath struck
Lady Westmeath a violent blow, which staggered her,
and she would have fallen, but that she was caught by
Miss Wood, who said," Lord W. how can you be such a
brute ?" And Lord W. said, addressing Lady W.
" I)—n you to h—, I wish I had never seen you." This
transaction the Court considered came up tothe'strictest
demands of the law upon the point of matrimonial cruelty.
Under all the circumstances, looking at the ungovernable
violence of Lnrd Westmeath's conduct after the articles
of separ.tion were agreed on, and whilst be lived in
Lady Westmeath's house, the Court were of opini a that
Lady 'Westmeath was justified in withholding herself
from his Lord..hip's protection and society, and that
had reasonable atsprehension of personal danger. He,
therefore, conceived she had substantiated the charge
cruelty, and, reversing the decree of the Judge of the
Consistory Court, decided that she was entitled to it
separation and divorce.

John Pegsworth was yesterday remanded for four
months' confinement, by the Court fur the Relief of
Debtors.

In the Sheriff's Court, Middlesex, yesterday, various
sums were awardel to individual. as compensation for
their premi.es, required by the St. Katherine Dock
Compeny.

.

SPORTING. INTELLFANCL.. •
ißrr 03.6014 Jail.
Tkent was some Warp bet rebel • indefinite ben* &m et ow
afternooe, particularly on the St. Leger, for width it would bane
been &Seek to say who bed the edit Reviewer or 011eeees• lee
deed, at the close of the Room, they dere at mem The hoeing.
waa conened to the Derby and Sc., Leger for whirls the risks/
horses seem to be Defence, Sencbo ?lila, Leger,
Per,. need('
are as under—

71 to 1 apt Glenartney (Watt) *lto 1 apt Tenntpotte
$ to 1 agst Tales' IS to 1 apt Cathievisso
13 to 1 agst Ripaggolle So to 1 apt Dahlia
•18 to 1 apt 13eiroce 50 to 1 apt Augusta
93 to 1 apt Spondee 30 to 2 apt Turecomao (taboo)
90 to 1 apt Gabetlungio• 30 to i apt Omen,*
28 to I apt Pdarneluko 1000 to 15 apt Pantaktoit (talt.)
22 to .1 apt Gustavus - 2000 to 20 ass; 'Dinars. (Wien)
4010 1 apt Gleaartier and arts (taken); li to 1 apt Mr.
Wyndkanes colt; 2 to lies Duke of Grafton's colt apt Talkie (tko.)
Oars.

11 to 2 apt Maria is to 1 apt Calypso Oaken)
. 11 to 1 suet Touetidp . 20 to 1 apt Lunacy
Ile to 1 apt Duchess 25 to 1 agst Mond
15 to 1 apt Souvenir 25 to 1 apt /maul
11 to 1 apt Trantlation(tsken) 25 to 1 apt Hatnattlea
DOMICASTIA ST. LllOlll.
....

14 to tel apt Reviewer It to 1 apt Moonshine
14 to 1 apt (Rivera to to 1 apt Matilda
la to 1 agst Sancho (taken) 211 to 1 apt Emma
la to 3 apt Popsy 0 to 1 apt Nivatis
10 to 1 apt Granby ' 1000 to 20 apt Jupiter (taken).
HUNTING.
Mr. Musters Hounds meet on Thursday, at Selby ; Friday, at
Kalmar*.
The Quorndon Hounds to-morrow, at Owthorpe, Notts. T►an-
day, at Beehy ; Friday, st Loom Turnpike Owe ; Saturday, et
Kettitby. The Quern Hounds will go to Kibworth, on ►km 4tlk
February, sad will sleet on Monday the Sas, at Carlton
Mr. kleynell's Hounds on Thursday, at Morley Turnpike ; Satur-
day, at Radhourne. '