Star.
London, England, 1827-08-07 00:00:00

knowing that she was it.
direct refusal when she requeoL,
agony which she suffered had been h.
the violence of as unsubdeed temper.- A Mn.
'ssiso was present on the occasion alluded to, had tn..-
'alfidaviein which she denied tbeinsultiog langoage
tibuted to Mrs. Ball, mad declared that the agony 6f
per feelings was such that she (deponent) told Johnsees
that if Mrs. Ball were um allowed to see her child, she
would in all probability die in the house.
• The livacit-Cuttacatzoa said it was perfectly clear
t than was nothing in these affidavits which ought
M disqualify Mrs. Ball from seeing her daughter, awl
he was equally satisfied that there was nothing hefote
the Court which could authorise the removal of thy
child from the custody of the father. As the Col*,
therefore, could not take the child from her father, the
only question remaining wag, whether% it *cold so far
interfere with paternal antbority as to grant the lutes'
mediate application for intercourse between the mother
and the daughter? He was of opinion that it could not.
Certainly nothing could be more crud--so case algid
be snore aggravated, in point of moral fee/ing, thteo to
debar all intercourse between a mother and ber'child.
But it was not for him to consider she matter its.that
light. He sat there as a judge—to act as the-law pre-
scribed, and not as moral feeling dictated. He knelt
of no case iu which the Court had interfered with pub
rental authority, on the simple ground of prospective
benefit to the child. If any authority could be produced
for such an interference, he would not hesitate to follow
it. The late Lord Chancellor went as far as anybodir
had ever gone in matters of this nature; bet even be
had never made any such order as that now prayed, at
least he recollected none; and if he were mistaken, it
would be easy to produce them. The time of Smith
and Smith, in which he bad been engaged as Counsel,
very much resembled this. There he had put this pea
sition to his Lordship—if the Act of Parliament decteed4
that an illegitimate child should remain with the mother
for nurture until severs- years of age, would the Coot
do less in regard to a legitimatachrld ? Mat case, he
believed, had been terminated by the death of one of
the parties; bet Mr. Whitton was his client then, and
he had no doubt that be would give Mr. Bickersteth
every information respecting what had been done in
the .case. Another case in which he was also
gaged was Gallini and Gallinif There the Court was
applied to to take away a child from her father, entahe
ground that he was a Catholic, and would educate the
child in that faith ; but the Lord Chancellor said that
the Court had no right to interfere, and declared that
the father had a right to educate his child in what Telt.
gious faith he pleased. He (the Vice-Chancellor), upon
being refused this, pressed that the mother should have
free access to the child, but he was not quite sure whet
order Lord Eldon made. Mr. Watkins, however, was
his client in that case, and could furnish any informa
tion required on the subject. These weteshe only eases
he recollected that at all bore upon the present appli.
cation, but they formd no authority for it.
Mr. Panics (who appeared for the defend:in t)sild that
Mr. Biekersteth might search for authorities if he
pleased. but he was sure that not one would be found.
The VICE•CHANCIILLOIR was of the same opinion, and
be was sorry for it.
Mr. Pms thought that his Hamm would not be
sorry for it, if be had heard the other side of the goes.
tion. His Honour would recollect that it eras only the
case against the Loiter that had been entered into. •
The VICE•CHANCIILLOR said he was willing to hear
the other side if that would give any satisfaction.
Mr. Parrs said that would be unnecessary, as his
Honour had refused the application; and he would
merely observe that the affidavit of Mr. Cobham, who
was the brother of Mrs. Ball, proved the fact of the vio-
lence of her temper, and her inclination to alienate the
affections of the child from her father. It had bees inti-
mated that the defendant had continued his connection
with Anne Penny; but there was an affidavit of James
Drosier and his wife, most respectable persons, and fa
whose house Anne Penny resided, which declared that
the defendant had entered the house but once for twelve
months, and that was to attend the funeral of a rela-
tion. It was clear, therefore, that this connection had
not been continued, supposing that it once existed. Mr.
Ball had sworn that no such aduheroas intercourse ever
took place; and although that assertion bad been treated
with great contempt, because his wife hid procured a
divorce on the ground that it had, yet his Honour knew
very well under what an infirmity of getting at facts,
like other Courts, that Court laboured which had pro-
'wonted the divorce, and Mr. Ball might not be guilty,
though such a Court had decided that he was. ,
The VICR.CHANCELLOK way quite satisfied that many
men who were not guilty had been convicted by
that Court, owing to the infirmity which Mr. Pepys had
mentioned. On these of there was nu proof
either of primary or subsequent adultery i and even if
I there had been, that alone would not 'have warranted
the ioterfereace of the Court.

Mr.PAPys said,he ought also to state that Anne Penny...
The VICI•CHANCELLOIL-Ohi we have done witbber)
let us hear no more about it.

Mr. Kama' said, the fact was, that Anne Pasty
was visited by the most respectable families.—The sp•
plication was dismissed.

•••...0.0--
IMOLAI/ *tRDICT.

As John Bradley, of Dunamore, near Wendorer, was
delving his horse and cart with a load of fagots to Aylesbury,
IPaturday sell:light, part of the harness tame °IF, and set the horse
kicking. Bradley, in trying to get from the top of the load,
he down, and was killed. The Coroner's Jury retailed a verdict
ef " Accidental Death, and that the hens Should be destroyed r
sae
r the deceased, who was present, ezoh
ika ants
foam the dearnetion of property, and was so deep*
"it she fable a telating ea. Ultimately en arrulPalookala
ntadAt 1110441.,1te vits. Prtle.#llll4ftr4 h.
'na!lsrpo, w 144

'lf.

~ .- -,-, ^r-T-• IT ,
.1 ~ ) t.l ,