Star.
London, England, 1829-06-18 00:00:00

/..• • .•••• • •• ••••• ••.
stating that Mrs. Thoradike vas ill in consequence of I
Mr. Welsh leaving. the island. Now, I' wish to know.'
my. Lards, Amber 4ha Waned, whose wife was said
to be in a manner deranged ea account of Mr. Welith
leaving the station, had acted with iliat ceotioa and care
as respected the introduction of Captain Hervey ? Your
Lordships have it in evidence that this #osing warns° of
43, and this yeeig men 0121 or g 2, *Ow permitted to be
for hours together sod elate; tau have *ace that
the Itesisaml was told by •JOlOOll Nobinsoa logo home
and take care of his wif4lor Capiain'Hervey was always-
With her. Yoe have had it proved at your bar that
:elated And, except it was sdmioistered by Cap-
tain Hesiey. Josivph Itabiosson tells you that the-cir•
enanstances of the case were each, that be thought
it right and necessary to go and acquaint Mr. Thorn-,
dike shoot it, and request hiss to go home and take
care 01 his wife. After Mr. Thortidike had expressed
Lis doubts to Mr. Chichester, respecting Mr. Welsh,
was this aaercising proper tension in allowiagaiyoung
Officer ja, ke his wife? iLet.ps then, my Lord*,
consider what the tridents is, Wore we pass this
Wiie Captain Harry Mt.., Thciallikf
bar sgiiliaslort? The were, laird'thitlior'"k *4k
liiilg ..,at '
41111541 pi:rip/11g Thep Ovinkisai ton* kiaiiMPut-
sible to say that the husbanJ his shown -that care and
attention to his wife -which every ;man it',bnend t 6 do
before he can be entitled to come to 'this flOuse to Ask
for a divorce. Your tordshipi,havelmeiin the habit
of refusing such applications when the *artist
failed in.exereising that due care and cantinktowards
their wives which' they ought to do; arta if yilib,Ra
pare the prssent case with that of Henry Worrell
which Ihaveudverted, you will lied that it rest
it in this particular—that the husband has not shown
that necessary 'circumspection and care which be ought
.to have done/ / .therefore, ,my Lards. beg Arole to
move that this be committed this day sit. months.

's,
_tp

Lord BEMS/RD—My Lord', 4 must my-
your indulgence a shot time in following the observe-.
Lions of the NOde Lord .who has just addressed your
Lordships; and, in.doing -Sep I must take the liberty of
saying, that, in adverting to she evidence, he has stilted
that which does not appear, as seems to me. in that
evidence produced .st Tour Bar. With respect to
what his been stated about Mr. Welsh being permit-
ted to sleep lathe tinning room, must say that in
such a proceeding no blame whatever can attach to
Mr. Thorndike. This I know to k a fact (tom my owes
experience, that when Officers, situated as Mr. Welsh.
was, visit officers in garrisons, they are provided•with
accommodation for the night, whether they are married
men or not. t If it were not' so, it would be impossible
that mien could imp- up that iptercourse which hospi-
tality and good breeding ,squire. As to the position
of the bed, there is evidence, more than snflicieot, to
show that the door of the dressing room, which led to.
the bed room, could not begot open whilst the bed was,
there. Joseph Robinson spokeot it doubtfully, but ail
two women, his wife, and the witness Sarah Self, Said
that the bed was so placed that the door could not bel
opened. The Noble Lord :has *spied that no evi-
deem has hoes offered to Wave that the husband
had exercised that care and precaution which, as a
husband, it was his dory to do. Why, spy Lords,
there was no suspicion .whatever that Captain Her-
vey was too intimate with Mrs.°Thorndike. There
does not appear to have been any suspicion to dm ef-
fect, either in the mind of Mr. Thorndike or Colonel
Skinner,. or the minds of the servants; and, as for the
expression About ".that fatal night," it is not quite
clear whether Mrs. 'I horodike had used it, for Ma-
jor Chichester would not undertake to speak posi-
tively as to that fact. If-she:did use it, it was under
the influence of
.deliriutus, and was used in the same
manner as the expression—" I have murdered my
daughter." At that very period her daughter was
will. Both expressions were idle. Will the Noble Lord
say that you are to believe. one, arid take it for absolute
truth, end reject the other? Will the Noble Lord say
that one assertion is worthy of credit and the other not?
Now, my Lords, .1 wish to call your attention to what
was the husband's impression of the auctions. Major
Chichester has stated, in tl)e latter part of his evidence,
that Mr. Thorndike told him, in reference to theinquiry
which he had made respecting what Mrs. Thorndike had
asserted in her illness, than he was then perfectly happy,
and satisfied on'that score. It is necessai y, my Lords, to
weigh these things together. With regard to abat the
witness Joseph Robinson states, as to his requesting Mr.
Thorndike to go home and take care of his wife. I beg to
observe that Robinson was not then aware, as he has since
told you, ,of the instructions given by the medical Gen-
tlern .n in Mr. Thorndike. Col. Skianer had proved also
that Mr. Thorndike was desired by the medical Gentle-
man not to appear in his wife's presence, lest it should id-
crease her complaint. •She had refused to take food ex-
cept from Capt. Hervey. Now, it was impossible that, at
that time, there could be any great partiality for Celt.
Hervey, supposing that she was ill on Mr. Welsh leav-
ing the island. The Noble Lord wants to prove, I ap-
prehend, that the indisposition of Mrs. Thorndike arose
from Mr. Welsh going away Cheat, hear! from the
Earl of Lauderdale]. This end not, however, be
much in favour of the Noble Lord's view of the case,
unless it can be proved that Mr. Thorndike was aware
of her partiality for Mr. Welds. This question vias
put to the witnesses, 44 Did Mr. Thorndike behave
towards his wife as other gentlemen did?" and ibe
answer invariably returned was " Yes." Colonel Skin.
Der 's evidence went to prove—he having a wife and a
daughter grown up, with whom Mts.Thorndike visited
-.-that Mr. Thorndike's coodect towards his wife was
correct, and that-Mrs. Thorndike herself had not then
manifested any feelings which debarred her from re.
spectable society. Look also, my Lords, at the eels.
dance of Catherine Robinson. She says that she
saver beheld any thing in her mistress's conduct to.
wards *Captain Hervey which tailed eves a suspicion is
her mind that her mistress was acting improperly. las.
deed, no suspicision whatever of that nature was enter.
tained by any person until Mrs. Thorndike
Colonel Skinner tells you the same thing, on being q
tioaed as to. that point; sad yet your Lordships are told
to consider this as one of the most extraordinary semis
Of a husband's want of doe care and circumspection
which has ever been presented before this House. is
general, I believe, it will be admitted, my Lords, the
the world are long acquainted before the husband of
themile'sinfidelity; but in the present case the husband
is to he censured, and .an act of justice withheld
from hips, because he did not first discover that which
'Was pewee thoupt of by any body else who hid
Oifortnititift (*ridging. of the matter. I welled the

Noble Lord
only who observe
of Mrs. Thorodibe
all den.y—bnt
it is said that
',walked in the
larden was esposed
It was beneath
*hid), and '
The Noble •
in.the sousating
And) before
Vence to the
ear, or by
allowing Mr,
in which he __ slept. _ -
Learned Lord (whO woe now present) considered-that
is proportion as sods •facilities to cantina, frotaireoure
were afforded. from the nature of foreign f so
would the infamy accrue on the man who. Aka.'
violate the Lsers of.boopitalityaod honour. I ann eoveTs
concluded Llrd Earesford, to have oceopiedsowsach
of your Lordship/ tins. but I eonsidoe itat fiefsjidit a
case calling for your Lontshipe apptelsakiseiliNa• flee s,
,p(ostiateduo.thisilmsas ••' . . .
Rad of LAUDERDALE then reM..l4.idlers
pars of she.evidanoe, which he considered warranted
him in making rehrobtervations he had done, and the
(plosion; mites. tbe amendment, having been put in the
umal Manner by the Lotto Cumniat.toa, the by was
cleated for a division, when the numbers were, for the
committal of the Bill—

Costeeto • .. ... •
Nall*C4lll,4lU ••• •••
sgaiorlty
llse an then pissed through a Costarttee, sad
Lard BERRSFORD gave smite that he would move that the
-Repott be seeetved.
The Report was received, and the Rill road a third time ao4
passed.

LAW OF REAL PROPERTY.
The First Report of the Commissioners appointed in
inquire into the Law of Ragland respecting Real Prok
petty, has jest been printed. It is an elaborate aid
highly.valusble document; and a due attention to It
cannot, vie think, fail to prove of eminent public bone-
fit.--.After s most handsome .acknossledsment of the
a•sistance derived by the Commissioners from all clasies
of persons connected with the administration of Justice
and tbe.practice of the law, particularly the Gentlemen
at the Bar who confine themselves to the department
of Conveyancing, the. Report thus proceeds—
We have the satisfaction to report, that the Law of
Real Property seems to us to require very•few esdential
alterations ; and that those which we shall feel it our
duty to suggest are chicly modal. •When the object ot,
transactions respecting land is accompashed, and the
estates and interests in it which ate recognised are ac-
tually erected and secured, the law of England, except
in a few comisaratively unimportant particulars, ap-
pears to.coilie-alsuost as near to perfection as can be ex•
petted le any hussati.institetions.
The owner of the Soil is, two think, vested with eu.
actly the dominion and power of disposition over' it re-
quired for the public good, and landed property in
England is admirably made to answer all the purposes
to which it is applicable.

Settlements bestow upon the present possessor of an
estate the benefits of otinership, and secure the property
to his posterity. The existing rule respecting perpetui•
ties has- happily hit the medium between the strict en-
tails which prevail in the northern part of the island,
and by which the property entailed is for e'er abstracted
from commerce, and the total prohibition of substitn•
tiops, and the.excessiee resviction of the power of de-
vising established in some countries on the Continent of
Euterpe. • in England families are preserved, and put•
chasers always,tind a supply of land in the market. A.
testamentary power it given, which stimulates industry
and encourages accutnulatiiin; and while capricious
limitations are restrained, property is allowed to be
moulded according to the circumstances and wants of
every family.
Where no disposition •is made by will, the whole
landed estate descends to the eldest son or o:her heir
male. This, which is called the Law of PrimogeoitUte•
appears far better adapted to the constitution and habits
of this kingdom than the opposite Law of equal Parti-
biliry, which, in a few geneiations, would biirak d. vin
the aristocracy of the country, and by the endless sub-
division of the soil most be Ultima:el), untavou. able to
agriculture and injurious to the best interests of the State.
But a view of the °law respecting the transfer of
Real Property suggests remarks of a different 'nature.
It appears to us that the modes by which estates and
interests is Real Property are created, transfel red, and
secured, are exceedingly defective, and require many
important alterations.
This - _ .

.ois proceeds in a considerable degree from rules
and maxims, which once were suitable and rational.
being maintained when the state of society and the
modifications of property are changed. Statutes have
been often passed on the spur of the oceasionosith
regard to the harmony of the system; and from themign
•of your Majesty's illustrious ancestor Kane Edward I.
'till the issuing of this Commission by goer Majesty.
there has been no general revision of the law. In the
time of the Commonwealth a Commission was ap-
pointed to consister •of legal reforms. over which Sir
Matthew Hale presided, 'and of which several other
lawyers of great eminence were members; but theft.
labours were f,ustrated by the disordered awe of die
times. A long succession of upright and able 'ledgers
have corrected many abuses and introduced many itn-
provements; yet their decisions have occasionally ex-
hibited a strange vacillation between rigid adheance
II cheical forms and respect for the principles et en-
lightened jurisprudence. They have found•theniselves
unable to break through rules become purely arbitrary.
Thus, although military tenures have been long abo.
' lished, the incidents of military tenure are stifT often re-
, fined to in judicial argument; and the manifest inlets.
tion of the parties to a deed is at this day liable to be
defeated, because the law supposes that these must
always be a tenant seised of the freehold to attend the
'Lord's Court, and to defend any real action that may
be-brought by an adverse claimant.
.The tunibrous and circuitous forms of conveyancing
esow in use are founded on antiquated doctrines. The
principles of the feudal system strictly forbade the
transfer of a fend or freehold interest in land by deed,
',ohm accostipettied with the open and public delivery
01 the possession of the property ; but thss strictness *as
!Mir considered to apply' to the creation of any
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t.e ....77.77 . _.-01gt1
*tether there is. any single witness. east
)served any improper •coneuct en 4* part • •
rodibe with Captain Hervey—for that they
at whose suspicions were aveakeved?. Bat
bat Captain Harvey and Mrs. Thortstlike
the garden together. They did ; but the
exposed ; every body about torrid See thin%
rash the Mayans, • with low paling. over •,
between arrhicb, they•cd#d be observed.
Lord then proceeded to read a plane
ping up of the Learned lodge (Lord Wyn-
e whom the action was brought, in refs-
I observations which had been made at the
'
the witnesses. relating to Mi. Thoridlite.
:r.Welsh to odeopy o boa adjoiniag the mom '
and Mrs.Thorridike slept. That Noble and - - ;'.'. .: