Star.
London, England, 1820-01-24 00:00:00

LA IV IeTELLIGE:NCE.-

COURT OF CH siNt ERY, JANUARY el

IN THE Ji.►TTLR cr STAbLES, RELAIIVE TO DEAN,

anxiety of a.mother to see her daughter honourably
married to a young Gentleman of Character and for-
tune, who had succeeded in gaining her affections.
The young couple had been acquainted from in-
fancy, their families having been on the most inti-
mate footing for years. Mrs. Stables had permitted
this young Lady, and two of her sisters, to visit a
family in Devorehire, near the •residence of the
ward's mother. Miss tables was every where ca-
ressed and esteemed fin her behaviour; she was
invited to every family of distinction; • and had so
deported herself, that she was universally respected.
Was it then to be wondered at, that this young
Gentleman, seeing a female so accomplished, should
have become enamoured of her ? Their attachment
had proceeded a considerable length before the bill
was filed by which he was made a ward of the Court.
What could the mother do? She could not shut
her door upon the person who had so won on the
affections of her daughter. It was sufficient that
she had in no respect acted in contravention of the
order of the Lord Chancellor. In fact, the order
obtained was of such a nature, that he verily
believed there had never been one like it before;
it prohibited these young persons from seeing each
other, hearing from each other, writing to, or even
thinking of each other; if they had. ventured to
discourse across the way, by means of their finger s,
it would have been a violation of the order. The
Learned Counsel, in a most argumentative and in-
genious course of reasoning, exculpated the parties
from all wilful contempt. It had been urged as a
circumstance of suspicion, that one of Mr. Stables
family had been found at Carlisle, soon after the
marriage at Gretna Green. The fact was, a brother
of Mr. Stables had settled at Newcastle as a solicitor,
and Mr. Dean, after his marriage, having had the
whole of his money extorted from him by the Gretna
Green Parson,' besides a promissory note for sixty
pounds, his then wife had written to her relation to
come over to Carlisle to supply them. This was the
way in which the presence of one of Mr. Stables
family at Carlisle was accounted for. On all these
points Mr. Heald commented with his usual inge-
nuity, and contended, that whatever his Lordship's
opinion might be as to the conduct of the servants,
still there was nothing in the case at all to implicate'
Mr. and Mrs. Stables in any way, in the charge of
contempt of the Court. Indeed, there was not a man
hi the world who could feel more anxiety to obey the
orders of the Court than Mr. Stables did, and to
whom this charge had occasioned so much anxiety as
to impair his health.
Mr. SHADIVELL followed on the same side. After
commenting on the affidavits of the parties, he ob-
served, that it was utterly impossible to deny, and he
would riot attempt to deny it, that Mrs. Stables had
been anxious to the marriage being completed; but
stilt this did not prove that she was at all privy to
the elopement.. After the very full manner in which
the case had been heard before his Lordship, he
would not say more upon it, than merely to observe,
that however much his Lordship might be attempted
to be entertained by merry arguments or facetious
speeches, as had been done, still he was satisfied that
such a case had been made out, that would fully sa-
tisfy his Lordship that the conduct of Mr. and Mrs.
Stables had been correct.

A !AINOit AND WARD OF TIIFS cluur.
The C.;.l:t this morning was crowded to excess, in
- cons,!,jaeuce of the very extraordinary nature of this
ea,e. II the STAR of Saturday we gave a full re-
port 0:. the previous proceedings.
Mr. \lO-rt:Fau-a*,r. now resumed his argument in
s b-port of the.Petilion agar is: the marriage. lie he-
ta by observing, that his Lordship could not fail
. ts. reco;lect that he had, oa the day preceding, made
so- Ie observatioes oir the extraordinary absence of
the ,-;a1 fcrat:rnan, and that he had argued in support
of his case that btICII abse:ice could be viewed in no
o.,he: light than that the real footman had been kept
eat of tee way, while this cancerted drama WAS about
to be performed. During last evening, however, se-
veral affidavits had been filed, by which it was in-
cont,•stil)ly proved, that John Thornton (for such
was that 'peison's name) had been confined to bed
f:o:n set-ere indisposition, as was certified by a me-
dical gsutleman, and by other persons. This, there-
fore, accounted for his not being present. tie was
alio h-and to state, that the circumstance of the two
young lovers meeting George Stables at Carlisle, had'
been also explained, as that Gentleman lived at
castle where he followed his professional
duties, and where he had received a letter from the
young couple at Carlisle, inviting him to come and
sec them, they being quite exhausted in pecuniary
matters, in consequence of having paid forty pounds
to the dispenser of marriages at Gretna, and given
him a promissory note for sixty pouOds more. He
thou ht it was oral: an act of justice for him to make
this eaodid avowal, after what he had said yester-
dee. As to the charge itself, however, his impres-
. she's were still the same as when he opened the case;
far the more minutely he examined it, the more he
fivead he was right in his opinion. His Lordship
s, as well aware of the case of Ilarford v. Morris,
which carne on many years ago, where the ghardian
had eloped with the ward, and married her, but
which marriage had afterwards been declared by the
Court to be nnd and void. Besides, the ancient and
ievar4l-sle rule of the Court was, that if a ward of
the Court was, by contrivance, violence, duress, or
iatiruidatior, :and other means, taken from the juris-
diction of the Court, then such influence having ne-
ceeteify constituted a fraud on the free will, or, to
speak in law construction, the agency of the min9r,
such marriage was null arid void.
The Loup CIIAIXELLOR observed, that before the
Court should come, or could come, to such a conchr-
sosi, there must be some information laid before it,
as t. the laws operating iii Scotland relative to such
marriage. The law of each country must be under-
stood before proper conclusions could be formed on
a ca-ye.. In his own time, there had been some very
CLiIiOUS and interesting cases in the ilouse of Lords,
reieliee to-Scoes marriages.
Mr. St, ETHERELL perfectly agreed with his Lord-
ship, but chuld not help still observing, that even
supposing the marriage to be legally effected, ac-
cording to the Scottish laws, still the parties had suf-
ficient knowledge, that, in acting as they did, they
were crrostly violating his Lordship's order.
. T;.t.e Loan CHANCELLOR said, that the question
lay in a nareew ccmpass, as a ward was to marry
criy with the leave ct the Court. No ward could
be :sliuwed r marry in this country merely because
there might Lae e been a ceremony performed in
aeoth&- country, with-nt the leave of the Court.
His Lordship proceeded to state his opinion that the
foctman, named Bollard, had been guilty of a con-
tempt, that Miss Stables had been guilty of a con-
tempt, and that the maid servant had been guilty of
a contempt. it had been decided, over and over
agaie, that if parties engaged in a clandestine mar-
riage, it was nredaing to the Court that they did not
know they were acting illegally, for they were bound
to knew. It was a different question with what de-
gree of animadversion the Court was to look at a
contempt committed without knowledge, but that
it was a contempt of the Court to be at all con-
cerzed in such a marriage, was beyond all question.
lie need not go further than IA observe, that where
a clergyman married a ward, without knowledge of
her being such, this Court always ordered him to
=read. With respect to the rest of the case, the
question was, whether the circumstances antecedent
to the marriage did or did not-prove that the parties
were participant? He remembered very well, a
case which came before Lord Thurlow, where a
marriage had been celebrated by a Dr. Whitmore,
of Whitechapel, whom Lord Thurlow was about to
commit to the Fleet.
fir. I LAW then began Fs defence for the parties.
lie perfectly coucurred with his Lordship, in think.
ing this case ought to be sifted to the very bran, to
ascerteia who were or were not guilty of a contempt
of the Court, that such persons, so offending, might
be punished agreeably to the nature of their offences.
He admitted that the ignorance of the parties as to
the lam, ought not to excuse any one; but that when
this Court had made an order, it was to be taken for
granted that it e as understood by all descriptions of
persons. The Court would, however, make a distinc-
tion between those who wilfully and flagitiously
violated the law, art ,1 those who transgressed them
through ignorance. As to the yowl?: Lady herself,
there were many observations, more than he should
think it necessary to make, calculated to extenuate,
or ratile; to evt:u.n. her conduct. With regard to the
servants of the family, if it should appear to his
Lordship, as he vets certain it ‘ieuld, that they had
acted in complete ignorance, he was persuaded, from
what he knew ch. the mode iii which his Lordship
adrninis!ered justice, that their case would meet with
every iadulgeace. As the question regarded Mr.
nr.d Mrs. Stables, there was nothing to affect them,
except that they mot, honourable persons, be
aneioas Low their conduct and characters were
-viewed by his Lordship. The Learned -Counsel re-
presented Mr. Stables as a solicitor, who, throughout
oh; life, had sit-trued a high reputation, having per-
soieille known him for above twenty years, and he
hid uniformly conducted himself as an honourable
man. Sure'lle was, that his feelings of propriety,
:tad w::at was (IL> to the authority of his Lordship,
would have urged him to have prevented, to the
e Imo.; of 'his power, the marriage which had taken
.are. Ile then justified the conduct of Mrs. Stables,
a;:rihuti: the part she had taken to the natural

Mr. WETHERELL, in reply, disclaimed the most
distant intention of offending the parties, he net hav-
ing any personal knowledge of either ; neither had
he a wish to say any thing against any parties, except
where he was called, in-the discharge of his duty, to
do so, and such duty he would uniformly discharge
to the utmost of his power. He certainly, as an ad-
vocate, would never lessen the force of a case, but
always would, to his utmost, press that, when he felt
he was justified by facts. After all that had been
said, he was still confirmed in his impressions that
Mr. and Mrs. Stables knew what had taken place,
and knew it beforehand too. The chief question
here before the Court was this, whether there was
such sufficient evidence before the Court, as such in-
ferences might be drawn, from which a Court of Law
and a Jury would act upon in such a case? Were
evidence drawn from circumstances to be rejected,
the Court might as well for ever obliterate that cri-
terion on which Juries had uniformly acted, which
criterion, be it observed, was more convincing in its
nature than actual asseveration was. He then highly
eulogised the conduct of Dr. Moore, who had acted
worthy of his character as a Clergyman ; and lie con-
tended, that if the affidavit of that Gentleman were
true, and the Lady wished the marriage to go on,
it must be evident she would sanction a clandestine
rwirriage. She sayi she had no wish it should go on.
Dr. Moore says she had such a wish, and thus we
have assertion against assertion.
The LORD CHANCELLOR.—" Do you take it, 'Mr.
Wetherell, that the marriage would have been
illegal ? Dr. Moore did very right to stop the banns,
but to have allowed the marriage to go on would
have been a breach of his clerical duties."
Mr. WETHERELL observed, that the very wish of
the Lady expressed to Dr. Moore, as stated in his
affidavit, that the banns should go on, plainly im-
plied, that if she could not
.get the parties married
there, she world at least get it done somewhere else.
The LORD CHANCELLOR said, he should be ex-
tremely unwilling to lay it down as a rule that an
offence committed by any person against that Court
cuuld not be decided by circumstantial evidence.—
When there were cases of this kind brought before a
Jury, he thought that when the evidence was purely
of a circumstantial nature, .then, if a doubt possibly
existed, it was the sacred duty of that Jury to give it
in favour of the defendant: It was an established
rule of the Court, that when a ward of the Court
married witheut leave of the Court, then an offence
was committed, bet such an offence would be pu-
nished in proportion so the aggravations or not
which characterised it. fle recollected very well a
consultation between himself and his much-respected
friend Sir Samuel Romilly, a great and good man,
on the subject, in which they (viz, he and Sir Samuel
Itoniiily) agreed that there might be cases where a
ward of the Court might be married, though very
improperly, yet where the motives of the parties
might be purely moral and benevolent. Again, how-
ever, there were other points on which the Court had
a light to animadvert, viz. where a beggar aspired,
by corrupt motives, or the sordid view of lucre, to
obtain possession of the fortune of a young person,
and who could tell but that such a miscreant would
i for ever ruin, even the first week after marriage, all
1 the hopes and prospects of the party to whom htwas

married, if it was not for the power of the Great 1 IRE! AND.'
Seal? The Bar could hardly forget a late- I • • _ . . -- . •
Which had come before him, where an attempt was I WATERFORD, JANUARY 19.-Abolll Six 0.(1' ck,
made to marry a bricklayer's daughter to a boy, last Saturd4y evening, Mr. Robett Sheehy, of Glas-
" Ave, a boy," exclaimed his Lordship, - " who lad hen, near Four Mile-water, in this County, an ancient
riot even left school when this attempt was maae, , and very respectable, farmer, was found by his sons,
but without effect." •" Wilt I be told," said his Lord- • en their return from *fowling, just expiring at die end
ship, " that lamto be more indulgent now than I' of his•own avenue. He was speechless, and totally
was then? Am Ito be asked, as acting here in loco incapable of communication, nor was any persoi eb-
parentis, that I am to sacrifice all the princiales of served to whom a particle of suspicion could :wade
1
equity laid down by my able predecessors, followed Robbery could scarcely be the object •of the ho:rble
by myself, in order to oblige any party ?" (His misdeed, as his a itch, the money iu his pockets, and
Lordship then went into a very laborious and minute ; a few trifles which, but a shot t time beierc, he h: el
review of all that had passed previous to the 11th of I purchased at Four Mile-water, were all uutoucaai.
December last.)—He would forbear saying one word IHe was taken to his hence, and there he soon expired,
on the propriety of the conduct of Mrs. Stables, in His head had been battered, and literally laid open,
taking lodgings in Maddox-street, Hanover-square, apparently with stones. Ile was the son of Mr. Ed-
'for this young lad, who, it appeared, was a student mund Sheela-, a h.) wis executed as a Whiteboy; ;0
at Oxford, such lodgings being also taken without Clugheen, on the ed of May, 1.76;3, and grand :
the knowledge of his mother. As to the marriage, nephew of Father Sheehy, who was axccuted at.
he did not see how Miss Stables (or Mrs. Dean, as Clonmel, the preceding March, for the murder ea
she might be) could be•considered not guilty of the John Bridge. The fate of thoaa two convicts excite 1
contempt of the. Court. She must have known that great and lasting cenirniseration ; their protesta:io: s
such a marriage was in direct violation of the order of innocence were earliest and constant, and very
of the Court, as Dean had been made a ward. With much elect:l:ed.
respect to John Ballard, his conduct fully proved BELFAST, Jaseatex 19.—Mr. MtNair, bleacher,
that he had been' guilty of one of the greatest con- at Cregagh, about two miles from Belfast, was hi
tempts of the Court that could be imagined, and so town on Friday, in the mat ket. About seven o'clock
also had the cook maid. Ile would not decide the case in the evening, ,after rezeiving a few pounds from a
at this moment, as be wished to avail himself of the person in Ann-Street, he left town in cempaily with a
offer which Dr. Moore, Vicar of St. Pancras, had man who lives not farfrorn Cregagh. They separated
made, to make a new affidavit relative to the con- on their road home, and nothing more was heard of
versation between him and Mrs. Stables, on the 7th him till next morning, between seven and eight
of last December, about the mat rine. Ile thought o'clock, when he was found murdered on the road,
it only an act of justice to state, that in such conver- about a mile from town, his pockets turned out, and
sation and conduct, Dr. Moore appeared to have without his hat. He had received many wounds-, al:-
acted in a way quite worthy of the clerical character. patently with a blunt weapon ; the principal was Le-
Having said so much, be would now say, that Mr. hind his ear, where the skull is. fractured. Being a
and Mrs. Stables might, if they pleased, put in any strong young man, he is supposed to have made a
affidavit which they thought could ezplain what had powerful resistance, as the ground is much trampled
taken place; and on Thursday next, he would give for several yards, uhere the body was lound.—A Cc-
his judgment, without fail, as to the parties. In the roner's Inquest btought in a verdict of el Mur-
meantime, be ordered the case to be: referred forth- der against some person or persons unki.oe a.
with to the Master, for him to inquire and repert
whether the Gretna Green marriage was valid, and
what should be done ? Till the case was settled, the
parties must be cautious how they acted.
o COURT Of ,ICING'S RENO!, JANUARY 22.
ILOTT V. WILKES, ESQ.
This was an action of trespass, tried test Assizes at
Chelmsford, before Baron GA RROW. On the trial it
appeared, that the defendant had set, in a wood be-
longing to himself, several spring-guns ; they were
loaded with small shot, and pointed on a low level.
Notice of suck guns being set there was painted on
four boards ; the boards were black, the letters
white. These boards were put up at the outside of
the wood, in different parts. The plaintiff, in corn-
pany
with another man, went to the wood; in the
day time, to gather nuts. The, alaintiff had been
told that guns were placed in the wood, and his com-
panion refused going into the wood, unless the plain-
tiff went first, for fear of being shot by them. The
plaintiff went into the wood for the purpose of get-
ting nuts, and one of the guns went off, and wounded
him severely. The Jury, on the trial ef this cause,
under the direction of the Learned Judge, gave a
verdict for the plaintiff, damages £5O. A Rule for
a new trial having been obtained in the last Term,'
Mr. ADOLPHUS, Mr. DowLING,. and Mr. CHITTY,
now spewed cause against it. They urged, that in
order to support the present Rule, it would be in-
cumbent on the other side to ;hew, that if the
defendant had himself been present, and bad given.
the plaintiff notice not to enter the wood, and he per-
sisting in doing so, the plaintiff had shot him, he
would have been justified in so doing. He would
then be able to distinguish the guilty from the inno-
cent, and he might, too; feel compunction at the
shedding the blood of a fellow-creature for commit-
ting a trifling trespass; but this contrivance left no,
room for repentance—whoever came within its ope-
ration, whether guilty or innocent, suffered by it.—
They also contended, that it was trot sufficient that
the plaintiff had notice that guns were placed in the
wood ; he ought to have had- notice of the particular
place where the wires were placed. This was in the
day time, and it was not usual to set such instru-
ments in the day.
The Comet' without hearing the Counsel on the
other aide,: said; that in this' case it was not neces-
sary for them to decide upon the general question of
the legality of this practice. That, in this case, as
the defendant had had particular notice that guns
were set in the wood, and chose, notwithstanding, to
'enter, in consequence of which he received the in-
jury complained of, he was not entitled to a recona:
pease in damages.—Rule accordingly made absolute,

CLERICAL lATELLIGEACE.

CANBRI DGE, J A NI7,IItY

WESTM I NSTER SESSIONS.
At the Adjourned Sessions, which commenced on
Saturday, Mr. Hill, a salesman, in Covent-garden
Market, exhibited articles of the. peace against his
wife.—Mr. Norris described various acts of violence
and outrage committed by the prisoner against her,
husband.. On one occasion she got out of bed, and
brought a knife to stab him. She was continually
drunk. Her husband was Willing to support her, if
she would go to her friends, in Dublin, who were
ready to receive her.—The prisoner denied having
attempted to stab her husband, and complained of
his cruelty in keeping her in prison for the last two
months.—The CHAIRMAN said, she repeatedly pro-
inised amendment, and now her promises could not
be relied upon. The best thing she could do would
be to go to her friends in Ireland ; but they had no
power to part her from her husband against her will,
otherwise than to order her to find bail for her good
behaviour, or, in default thereof, to be committed to
Bridewell for six months.

Scarcity of Money, and Scarciy of News, are
equal subjects of complaint; but the near approach
of the Last Day's Drawing of the State Lottery,
(Saturday, '29th instant,) has become a matter of
great public intetest, and will remedy the first in-
convenience (scarcity of Money) with many Persons,
who, aware of the importance of seizing Time by
the forelock, have secured, or intend to secure,
Tickets and Shares of Bisft—who, with his usual
good fortune, expects to pay a great proportion of
the Prizes, and offers the_fortunate holders the option'
of being paid in Bank Notes or Gold Bars, at his
Offices, No. 4, Cornhill, or No. 9, • Charing Cross.—
N. B. There are Two Prizes of £'20,000, besides
other Capitals, in the Wheel; and all must be drawn
on Saturday, 29th instant, when the Lottery finishes,
and. which concludes the Contract.

The Rev. John Hulse, of Eiworth Ilan, in the county of
Chester, formerly a Member of St. John's Cohegel in this 1:::i-
-versity, among other bequests for the proriorion of ittligit.n and
Learning, instituted'a Lectureship in Divinity, to which he an-
nexed a considerable salary, ari..ing out of the esta!es in
with, Sandbach, and Chive. The duty of the Lecturer is to
preach and publish twenty Serrnons, chiefly on the truth ar:tl
excellence of Revelation. The Rev. Christopher Benson, of
Trinity Collett., has been chosen Lecturer for the present
This is the hest appointment under Mr. livke's will.
I'o o\ ParzE---The passage ltd upon for the present yenr
Shakspeetre's klactiah, Act 1. tic: no the last. The Dialegiie
between Macbeth and Lady Macbeth, beginning with " We
will proceed nu further." And ending with " What the fit:t.e
heart doth know !"
ECCLESIASTICAL PROMOTIONS.

Joseph Delve, Esq. and Joshua Xing, Esq. Bachelors of Arts,
of Queen's College, were o. Friday last elected Foundation
Fellows of that Society.
The Rev. Thomas Dade, M.A. one of the Senior Fellows
of Gonville and Caius College, was last week pre,entili, by the
Muter and Fellows of that Society, to the Rectory of Bincorne
with Broadway, in Dorsetshire.
The Rev. Benjamin Vale, LL.B. late of Christ College, was,
on the 13th instant, elected Afternoon Lecturer of the parish of
St. Luke, Middlaa•z.
The Rev. T. Fisher to the Rectory of Roche, Cornwall.
The Rev. Thomas Gamier, Rector of Bishop's Stoke, near
Winchester, to the• Rectory of Brightwell, near Waliingford.
The Ifon. and ltei. Augustus Legge, Chancellor c.f.tae Dio-
cese of Winchester, to the Rectory of North Waltham?

The Rev. William Whitlock, has been appointed Chaplain to
the Southampton Royal Military College.

BIRTH.
Jan. 12, at Rosefield, Pomo-Bello, F.dirburgh, the Lady of
Captain SolLa, 70th Regiment, of a son.