The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1835-07-10 00:00:00

LONDON LAW REPORT.

COURT OFKING'S BENCH.—MONDAY, JULY 6.
• crorrsn. v. pEßreire.

The Attorney-General (with whom were Mr. Sergeant
Andrews and Mr. C. Clarke) stated that this was on action
brought against the defendant fur having had criminal conver-
sation with the plaintiff's wire. The plaintiff had been for four-
teen years in the employment of Messrs. Jones and Wiggins,
wholesale statiouers in the city, and, having served them for
some years with great fidelity and zeal, they promoted him to
be their traveller. In the year 1826 the plaintiff married a Miss
Jane Helen Paterson, a young lady possessed of considerable
personal attractions. The plaintiff and his wife lived very
happily together until it was his misfortune, about eighteen
months ago, to take a house opposite to that in which the defen-
dant.lived. The defendant carried on the business of a publi-
can in the Mile End-road ; and he was, though not very young,
a dashing sort of man, keeping his gig, known to all the neigh-
hourhood by his white hat and. his gay conduct, and frequeating
and sometimes performing at the Pavilign Theatre. The
nature of the plaintiff's business compelled him, as the jury
must be aware, to be often absent from home, and sometimes
.for a few weeks together; but he always returned from his
journeys as speedily as possible, and hastened hatne to enjoy
the happiness of his wife's. society. Of that society the miscon-
duct of the defendant had deprived him. 'faking advantage of
the absence of the plaintiff, 'the defendant
.contrived to intro-
duce himself to the notice of the plaintiff's wife. The family
was supplied with beer from the detendant's house; and the de-
fendant, when the husband was away, brought over the news-
paper, and used to contrive to hold. some conversation with
the wife whenever he did so. In this way he 'became ac-
quainted with her, and, taking care not. to come to the house
when the husband was at home, he always returned during the.
absence of the husband; and the result of this acquaintance *as
a criminal connexion, which left the plaintiff no other alterna-
tive than that of adopting the course of appearing in a court of
justice. The plaintiff here did not seek for damages as a means
of filling his pockets at the expense of the defendant, but as the
only mode now left him of having recourse to another tribunal
to dissolve that marriage, which, since the discovery of his
wife's infidelity, would in future be a source of nothing but pain
and sorrow to him.

Several witnesses were then called to substantiate the alle-
gation in the opening speech.
Sir F. Pollock (with whom was Mr. Charles Phillips) ad-
dressed the jury for the defendant.
Lord Denman summed up the case, and the jury consulted
together for a minute or two, and then returned a verdict for
the plaintiff. —Damages £lOO.

CENTRAL CRIMINAL COURT.
110813 ELLY OF A DEAD MAN.
Anne Smith, aged 40, was indicted fur stealing the sum of
-£2OO, the monies of Henry Roberts; and George Smith, aged
45, was indicted for feloniously receiving the same.
The facts out of which this case-arose are these:—The de-
ceased, on old man of eccentric habits, lodged in the house of
the prisoners in Baldock-street, St. Luke's, Middlesex, and
died there on the Ist of April last. The money in question,
which consisted of Bank of England notes, one of £lOO, one of
one of I:2j, and three of £lO, were taken from the de-
ceased's box, as soon as he was dead, by the female prisoner,
whose motions were observed by another lodger. The notes
were afterwards changed at the bank in feigned names.
Theprisoners were put upon their trial last session before
Mr. Baron Gurney and Mr... Justice Park, when the property
was laid as belonging to Robert Roberts, the next of kin to the
deceased; but as he had not administered, and there was no ex-
ecutor appointed in a will found in the handwriting of the de-
ceased, the wart held that the indictment was bad, and the
property ought to have been described as the ordinary of the
elfrerogative-etanV and' the is rii6 liequittell but ordered
to be detained:- ''
In the present-indictment there were no less than 12 ceunts,
varying the form, of the charge in which the property was laid,
Ist, as the property of " by Divine Pruyidence, Pri-
mate of all England;" secondly, as the prOpertv of " Sir Her-
bert Jenner, lint., Doctor of Laws, Official principal of ale
Prerogative' Court of Canterbury;" idly, as the property of the
Dean and Chapter of the Cathedral of St. Paul, London ; and
4thly, as the property of Dr. Joseph Phillimore, Commissary-.
General to the said Dean and Chapter.
Messrs. Adolphus and Cresswell conducted the prosecution,
and Messrs. Clarkson and Phillips the defence.
Richard Jennings examined.—l am a proctor bf Doctors'-
commons. Ido not know the extent of the archdiocese of Can-
terbury; it is exceedingly difficult to define its limits. Bal-
dock-street, in the parish of St. Luke, is in the peculiar of the
Dean and Chapter of St. Paul's Cathedral. I speak from our
rule of practice, not from survey. I was the proctor employed
upon the will produced. The peCuliar is exempt from the ju-
risdiction of the dioeesan. The deceased was possessed of pro-
perty both within and without the peculiar.
Cross-examined by Mr. Clarkson.—The officer immediately
appointed under the archbishop is Sir Herbert Jenner. I Will
not undertake to say that he is the ordinary. I am not aware
that there is any officer bearing that name, but I rather think
not. I never heard of any officer belonging to the province of
Canterbury bearing the appellation, but I will not swear there
is none. Supposing a person to die intestate, I do not recol-
lett any officer in the ecclesiastical court assuming a right over
the property pending the grant of letters of administration. I
do not now any gentleman filling the office of ordinary in any
diocese in England.
Henry Watts, deputy registrar to the Dean and Chapter of
St. Paul's, stated that br. Phillimore was appointed the Corn-
missarY of that Court.
Mr. Clarkson objected that there was no evidence to prove
the existence of any such person as the ordinary of the eccle-
siastical court, and argued, that as it had been laid down by the
learned judges at the last session that the property should be
laid as the property of that functionary, which had not been
done, the present indictment was bad.
Mr. Scrjearnt Arabin said be would reserve that point for
future consideration.
The evidence as to the manner in which the prisoners became
ossessed of the money was then gone through.
Mr. Serjeant Arabin sinzolied' up,' and the jury found the
Woman Guilty, but acquitted the husband.
The court adjourned at five n'erock.

.PARROT riGGS.--,11: grey parrot, which Mr. noirell, Maryport,
bas hail'for the last 13 year§, has lab-ly laid 10 eggs, which, iu
size and colour, resemble 'those of the commOn pigeon.—Car-
lisle Journal.