The Statesman.
London, England, 1809-12-26 00:00:00

TM! ,

commiselon of lunacy, withast there was property
in the case."
Lord I.:Lacsts—" The Cunrt would not grant it.
without the busimild was not able to take cars of
her, and consented to the commission."
Mr. Haas', in continuation, observed, that he
had affidavits, which denied she wad insane at the
time of the marriage, or that she wits so now ;
but of sound mind, on the most affectionate terms
with her husband, and dreading nothing but a
separation from him. The first question to be
considered was 9 whether she was in a state of lu.
nacy at her marriage : suppose it was proved, un-
der a cumniisssion of lunacy, that she was, the
Court had no jurisdiction to dissolve the marriage.
Suppose her husband, in the spars of 20 years,
did obtain landed property to the amount of
10,0001. she would be, by that verdict, deprived
of her dowry. It was impossible that that Court
[ conk! interfere, tinder any circumstances. The
rsituatiou of Mr. Joseph Munyard was a severe
one ; and, indeed, he had nut solicited the mar.
liege; on the contrary, he was the person soli.
cited by Mr. Daniels ; and, since it had taken
place, his conduct could nut be impeached. Ile
hat been a most tender and affectionate husband ;
and, as his wife had become restored to reason, be
was only beginning to enjoy her society, and she
ivas sensible of her happiness. It was an act of
severity, to attempt towseparate her from the only
person who had the power of restoring her to rea-
son. The father thought her insanity caused by
her affection for Mr. Mnnyard, and he was nut
deceived, as the sequel had borne him out. But,
assppose it was not the case, the impaired mind of
Mr. Daniels, acknowledged by hia..allidavit, made
him an unlit person to have the custody of this
young lady.
Mr. Daniels, a respectable looking elderly gen-
tleman, jumped uA inside the /far, in a must
frantic manner, stamped must violently, and, look-
ing at a gentleman whom we suppose to be Mr.
Joseph Menyard, exclaimed..." My Lord, that
is the man who has distressed and ruined use and
my child. I ilemand,My unfortunate child from
your Lordship. I would sooner be dead than my
daughter should remain in her present situation.
Let your Lordship order me to be hanged, if you
would only relieve her."
The Loan CHANCELLOR gave the only answer
which could be given to this unfortunate gentle.
man, which was, a loot of pity and comtuisera.

Mr. lIART said, after wLat had passed, he
would nut trouble his Lordship any further ; but,
he was nut aware that h../ had made use of any ex.
pression that could hurt the feeling., or provoke
such irritation ; if he had, it o as without his know.
ledge, and he ?rusted his Lordship would believe
he was incapable of doing it knowingly.
• Mr. W►tsux followed on the same side; and
said he would pursue the example of his Learned
Friend, Mr. hart, and touch upon the case
lightly ; he would not state the affidavits, afraid
s►f a repetition of the scene they had witnessed,
and this course, he had nuc a doubt, would meet
the approbation of his L mislay, as he could
have an opportunity of reading the affidavits in
his closet. The Learned Counsel contended, the
I Lady was unier the proper protection, that of
her husband, which both 14w and equity must
confirm. The application had more in view than
changing the custody of the Lady, fur it went to
,annul the set►lement.

Sir SAMUEL ROMILLY replied with his usual
eloque,ice 7.lid force of argument. lie contended,
that this unfortunate young lady was in a worse
situation than if there was a verdict of a Jury, con-
firming bur insanity at the time of her marriage;
for if sho had recovered her reason, or ever did re-
cover it, and was sensible of the affections of a
husband, she could not return them as a wife, be-
cause she was not one ; her issue would be
mate; and could it any time be made out so by
the next heir of Mr. Muliyard. lie had seen some
of the affidavits on the other side, but they did not
contradict those of his cheat. Dr. Munre's affi-
davit stated she was insane in November last, and
there must have been a very qiiick change wrought
in her, if she was now of sound mind. He acknow-
ledged that the father, Mr. Daniels, was the real
Petitioner ; but his Lordship knew by the regula-
tions of the Court, it was obliged to come in the
shape it did before them. As to the irritation of
Mr. Daniels, if others were surprised at it, he was
not ; for it was impusgille to know what a leugth
the affection of a parent for an only child will
drive him to. None but a parent could be sen-
sible of a father's woes, when deprived of what
he only thought worth living for—an only daigh.
ter. He contended that his Learned Friends had
nut introduced a single argument to shew that the
prayer of the Petition ought not to be granted--
Ile did humbly submit, that there was but one
'icy of the case for his Lordship to take, which
was, that the marriage was% nullity, which vested
the right of custody in the natural guardian, the
father.

Lord Ecoom observed, that not having an op-
portunity of hearing the affidavits of Mr. Munyard
read, he would look over them, and give his deci-
lion on Tuesday morning.
Ills I.,ordship sits, on the 12th and 13th •f Ja-
notary, to hear bankrupt petitions.

COURT OP COMMON PI.F.Aq, GUILDHALL,
Sitteirday, Dec. 23.

BEFORE SIR JAMES M.~N'tIjLD.
RANSON V. AIKINS.

This was an action brought by the Plaintiff, to
recover damages for the injury done to his proper-
ty, lying on board the Sally, by a vessel called
the Mary Anne, of which the Defeudant, one of
the Shetiffs of the city of London, is owner. Tlic
'lnjury was effected by the ship Mary Anne running
fuu Lof the Sall!,; the cargo of watts experienced
considerable damage by the collision. It appeared
in evidence, that butts vessels were passing up the
Thames, and that the Sally having been hailed
by one of the beats of the quarantine ship, lay-to,
in which actuation she remained abuut a quarter
of an hour. In the mean time the Mary Anne
advanced, and, by the carelessness or negligence
of her crow, ran foul of the Sally, which, not.
wirkstatwilltig the exertions of but baitlbri s; was sunk