Star.
London, England, 1827-06-25 00:00:00

DIMNESS OP THE COURT..

The COURT announced that they would take the spe-
cial and Crown cases respectively, on Tuesday and
Wednesday next.—At haN-, ast one o'clock the Court
rose, the Judges of this Cum t being summ 3ned to meet
their brethren in the Exchequer Chamber.•

A ncii ES COURT, Jru 23.
SMYTH I) SMYTH.

This was an appeal from the Consistory Court in a
suit by the wife ag 'last the husband for a divorce, by
reason of cruelty and adultery. The c ru.e was assigned
for hearing in the court below, w eisti ioa alimony
being first paid." Mr. Smyth petitioned against the
payment of costs and alimony, under the circumstances
of the case, but the Judge refused the Petition: an ap-
peal wet asserted, and now came on for hearing.
Dr. HAGGARD, fur Mr. Smyth, contended that the
rule for payment of costs and alimony by the husband
was not without eieeptions, and that the peculiar
cir-
cumstances of this case justified its being made anti=
'eeption. He was proceding to enter intollre merits of
tke case, in order to shew that . Mrs: Smyth had con.,
doned the offences 'meted to (fee hOsbilind, g d thatt
the suit was frivolous and eatitim*--
Sir Joist; Ntentrt.t, intirposing, &Aria, that the
Learned Advecate was not authorised to discuss the
merits; because the relos II of Mr. Smyth to pay costs
and alimony was the very ground why the hearing of
the merits was obstructed. It certainly was competent
for the Court, upon strong grounds, to hear the cause
without previous payment r.f costs and alimony ; but
this was not a case *filch just;fied exception from the
rule. As to the allegation that the suit was frivolous
and vexatious, he would ask whether the Learned Ad-
vocate had read the evidence in chief, where it had been
distinctly proved that Mrs. Smyth had been forcibly
dragged to a madhouse, and kept there some time, till
her friends were enabled to bting her before Judges
Park and Richaldson, who, upon the clear certificates
of physicians, pronounced her sane? This was merely
one of the facts in evidence. The Learned Judge was
of opinion that there was no ground whatever for de-
parting from the rule. He accr:rdingly confirmed the,
sentence of the Court below, and remitted the cause.

At a subsevent period of the day, the Court, at the
jointrequest of both parties, retained the suit in this Ccurt.

INSOLVENT DEBTORS' COURT, JUNI 23.
NOVEL CASE.

Mr. James Cline, a stage coach proprietor at Ham-
mersmith, came up to be heard upon his Petition to be
discharged.
Mr. Commissioner HARRIS, after perusing the Sche-
dule, said that the .presetii case was a novel one, be-
cause the insolvent only sought to be discharged from
one debt, and that was due to his Majesty's Treasury,
and atone from a defalcation in the payment of duties.
Under these circumstances the Court did not see that
they had power to comply with the prayer of the in-
solvent's Petition.

Mr. Hearn requested the Learned Commissioner to
refer to and collate the several Acts of Parliament,
which request was complied w ith.
The COMBLISRIONRR then said. that he still remained
of the same opinion ; nevertheless, had a detainer been
lodged against the Insolvent upon a civil action, the
Court would have heard arguments of Counsel upon
the different constructions of the Acts of Parliament.
The Court had an enlarged power in these matters.
The ATTORNEY said that a detainer might be lodged

COURT—Yes, but then the man will have to corn•
:pence de novo. With regard, however, to this l etition,
the Court has but one alternative, namely, to dismiss
it. In the first place, it is not within the purview of
the Act of P.irliament, and in the neat. we have no
power to discharge against a debt due to the Crown.
The petition was then dismissed, and the Insolvent
remanded to his previous custody.

In the Vice Chancellor's Court on Thursday, the rain
found its way in abundant and refreshing showers,
through the roof, upon the wigs and costume of the
Learned Counsel. Mr. litmus was obliged to move
from the seat which he 4enerally occupies, and several
Banisters were inconvenienced. His Houotta observed,
that if this continued, they would be under the necessity
of sending to the architect for umbrellas.

POLICE INTELLIOINCE.

BOW-ST It MIT.

- - - -
Awes Died, a respectably-dressed young man, was brought up on
a warrant, charged with assaulting Sarah Ashley, a yuang female
winning an attracdve person and manners, who stated that she
became .cquainted with the defendant about tyro years age, *hen
she was 'living in respectability with her friends, and he prcifeested
an honourable attachment to bet. He promised bee marrisys.und
in an evil hoar before that marriage was performed, she beeanee
Ma victim. He then refused to marry bet; and being abandoned
by hereelativee, she was obliged to accept of his offer se (vine and
live with him. He treated her kindly for a time ; but Utterly he
had behaved to her in a very brutal manner. He had often beaten
her with a large sticks and,gieen her blows with his fist; and on
one occasion he threatened. to lOU laser with a penknife, and in de.
fending herself from his attack, the received several cuts on her
hands and arms.—(The witness here cella:llWd several scars to the
Magistrate, which the said were obcasioned by the wounds she had
described.)
Mr. klutanutt, after expressiug himatif with considerable warmth
upon the cowardly conduct of the defendant, censured the com-
plainant for not coming before a klaghtrate at the time those
wounds were inflicted. " If," said Mr. blzrutum., " bad been
brought before me at the time upon that charge, I should most cer-
tainly have committed him fur the capital offence of cutting a
maiming."
The complainant went on to state, that on Thursday evening last
the defendant struck her over the eye with his fist, which had
blackened it in a dreadful manner. (Sbe removed a andage from
her right eye, which was really in a frightful state.)
The defendant, in answer to the &aide, said, the complainant had
given him great provocation. It *as against the wishes of his
friends that he lived with her, and he wanted her to leave him, but
she refused to do so. _ _

Mr. Muumuu—Yoe are an unmanly fellow, and I require you
to find bail, yourself in 401. and two sureties in ea each.
The defendant was locked up until be could find the required
sureties.

J. Smith, a respectable-looking elderly Waterman, semi charged by
T. Taylor, a pater, with having robbed him of his watch, while
rowing him from Slackfriar's-bridge to Waterloo Stairs. The pro-
seeutor, who was intoxicated, mole positively that he had his watch
safe on entering the .boat, and missed it immediately after he had
landed. The prosecutor was asked what the defendant was doings
whik he continued in the boat? and his reply was, that he was row-
ing. Upon which, the Magistrate inquired how it was possible that
a man so occupied could take it watch front another's pocket? The
prosecutor. however, bald that he had been taking a nap, and that
the theft was committed while he was asleep. A witness, however,
informed the Magistrate that the fact was, that the watch had beam
found in the Privy of a public house, in 1131achfriars'-road, where the
prosecutor had been drinking, and where he had left It. 'ibis the'
prosecutor positively denied moil his own wife came forward, and
stated the fact to be as the witness bad asserted. The Magistrate,
declared, that a more impudent charge he never beard preferred,
and hoped that the defendant would not let such genes conduct go
unpunished. A number of respectable persons came forward to
attest Smith's respectability; and that, in consequence of his es.
em, lary conduct through lite, he had been received into the Alma•
house. Mr. Missouri. regretted the want of power to punish the
author of such an unwarrantable charge.