Star.
London, England, 1826-03-18 00:00:00

LAW

IRT.

COURT OF CHANCERY, Maim 17.
WaLLysi.eY b. Tilt DIAL 07 111AUFORT.

Mr. HART observed in this case, it was his duty to
call his Lotdship's attention, to that which alone ought
to fix the attention of the Court, whether there existed
any stye of fact, at this mo.nent that would justify the
extraordinary and unusual interposition of the Chancel-
-1.,r to cake from •he father the care and custody of his
children, which the I,w of the land gave him. The
purport of his address was to prevent his Lordship from
exercising a power which would deprive this Gentle-
man-of one of the dearest rights a father could possess
--the care of his children. With respect to the ability
of the father to educate his children, there had been no
impatation of chat kind cast on him. It was not int.
to look at the character and condition in life
orthoie who had attempted to throw calumnious im-
putations on hiiclient. He had no doubt his Lordship
was nauseated with the scandal read to him from the
affidavit of Dr. Bulkely. That Gentleman, he must say,
wantonly, certainly unnecessarily, had travelled into
the secret transactions of a third person, imputing to
them crimes little short of infanticide. He had also in-
timated, that Mr. Wellesley, before his unfortunate se-
paration from his wife, had treated her with every ne-
glect and inattention. The Doctor had, since the last
hearing of this case, made another affidavit. He should
make'no observation on the part of it which stated, that
Mrs. W. was the person who deaited Mrs. Bligh should
be introduced into the family, as a document in Mrs.
Wellesley's hand-writing clearly chewed, it washer act,
an act done from benevolent motives, but which led to
so unfortunate a crisis. As to that part of the affidavit
where the Doctor stated Mr. Wellesley encouraged his
children to use indecent and profane language, all he
could say on that subject was, that it was most posi-
tively denied by Mr. Wellesley. Dr. Bulkeley, who
stated himself to have been so disgusted at the conduct
of Mr. W. ate, drank, and slept comfortably in the house
all the while such scenes as he described were going on.
ale stated, Mr. Wellesley treated his wife with that
sternness and subverseness which indicated itself to

every person; that he refused to help her at dinner, and
conducted himself with as little of that politeness ttud
urbanity of manners, so prevalent at the tables of per-
sons of rank, that he deserved to be turned out. The
Doctor then went on with a long detail of his having
served in the Guerilla war, in Spain, and produced the
affidavits of three Lieutenants in the 9th Regiment, all
of whom said, that he was a very boon companion, and
an excellent fellow. The Learned Counsel observed,
he would give him credit for having killed many men
ithout medicine, of being a very valiant man, and he
had no doubt he had done good service in Spain, but
against whom he knew not. The affidavits of the two ser- '
vants he had observed upon a former occasion. O'Meara',
bad not denied he had been discharged for cheating his
master, and therefore much credit could not be placed
on the evidence of such a person. There was an affi-1
davit made by Dr. Gladstone, to which he would now
call his Lordship's attention. That Gentleman stated,
he attended Mrs. Wellesley in her last illness, in con-
junction with Sir H. Halford, and that on the 12th of
September last, the children of Mrs. L. Wellesley were
removed from her house, the little girl committed to the
care of the Misses Long, and the boys to the-care of
Mr. Pittman, the tutor; and that neither Mr. P. n r'
the Misses Long accepted the charge of the inisnts, front
the deponent, as coming under the authority of Mr.
Wellesley, the father, or any other person. On the li
16th of September, Dr. Gladstone wrote to Mr. Wel-
lesley in the following words :—" On my own autho-
rity, I have given charge of the little girl to the Misses
Long, and have requested Mr. Pittman to charge him-
self with the boys.' Mr. Wellesley thought the Misses
Long were addicted to certain enthusiastic opinions as to
the Chuch of England: He was not quite willing that I
his children should have their minds poisoned by a no-
tion that they were sent into this world for no other pur-
pose than to, write and read religious tracts, and not to
enjoy the blessings of PROVIDINCA thereby making this-
life a sort of purgatory, in the expectaion they would
hereafter avoid damnation. Mr. Nixon, the clerk of
one of the Solicitors for the defendants, swore (what he

could have to do upon the subject, he, Mr. Hirt, could
not tell) that he took a journey to Parii, and on his way,
at Calais, had some conversation with certain servants,
acid, other persons, who gave him a great deal of infor-
mation as to the general habits which this Gentleman
used to indulge in, all of which information, as he was
sent there for such purpose, he believed to be true. Mr.
Nixon also assumed a feigned name, for the purpose of
getting introduced to a Lady, who directed herself to
be denied to2ll the world, hut Mr. Nixon had, under
the name of Mr. Griffith, Mr. Wellesley's Solicitor, in-
troduced another person to that Lady, in order that
that person might be able to say, the Lady whom she
then saw was, at one time, lodging in her house—and
that while she was lodging in her house, the same inti-
macy subsisted between her and Mr. Wellesle.y as be-
tween man arid wife. Mrs. Parker, the person who let
the lodging•, stated, in her affidavit, th -it a Lady and
Gentleman occupied her lodgings; that she always be-
hived they were husband and war, and that finding
persons were always searching after them, they suddenly
quitted her house. That she accompanied Mr. Nixon to the
place where this Lady was living, for the purpose of
seeing whether thiaLady was or was not the person whose
name had'been so frequently mentioned in this case..
The Learned Counsel observed, that Mrs. W. had sa-
crificed largely in a pecuniary point of view to the im-
providence of this young gentleman; but every one
could see it was the sacrifice of affection well requited.
In 1822, when Mr. W. quitted England, she determined
not to remain an hour behind him. No affection from
her friends could compensate for the loss of his society.
• When on the Continent with her husband, in a letter to
a confidential friend, she stated, " I am now here with
my husband, and I never was so happy in my life—
Did not that circumstance speak more than volumes of
attiJavits. He would now state to his Lordship the
a tliU AV its of gentlemen, who, when Mr. Wellesley's
family was anioad, were constantly in the habit of
visiting their house. Mr. William Guilly, who was
the tutor of the Hon. William Wellesley for two years,
stated, he was most intimate with the late wife of
Mr. W. and constantly spent a great deal of time at
Wanstead-house, before Mr. Wellesley went abroad.
-That he has frequently had opportunit►es of observing
the conduct of Mr. W. towards his children, and has
always observed him to be most asixious and solicitous
about them. That deponent spent some time at Naples,
in April and May, 1823, and freqiently visited Mr.
Wellesley's family. That, on one occasion, Mrs. Wel-
lesley informed deponent she never was so happy be-
fore, as ibe had never bad'ho Ali of Mr. Welk/iris.