The Statesman.
London, England, 1820-03-21 00:00:00

STATESNI.t.

for instance, sometimes it was the duty of the husband
to reprove the ;tire: but if, upon these slight incidents,
it was in the power of the wife to say she would separate
for ever from her husband, the marriage eontract was a
mere mil!ity. This instrument in question was granted
to Lady 11 estmeath at her own importunity ; after it
was completed, she colievited with the Earl, and there-
fore the deed was, by that fart, rendered null and void.
Hot the most vicious part of this deed was that it con-
tained no covenant front the trustees, to indemnify the
Lai l tor any debts which the Countess, during her se-
paration, might contract. As the &ell now stood with-
out this covenant, the Noble Earl would be liable for all
the debts she might contract, and it was laid down in
the ease of St. John r. St. John, that a deed of separa-
tion without such covenant was of no force or effect. It
was submitted that the Court would nut depart from
its own doctrine. The motion therefore was, that the
Court would grant, or rather maintain, an injunction,
re,traininz the defendant and her trustees from proceed-
in!: in a Court of Law upon the deed of ISIS. An in-
junction had been already obtained as to both deeds;
it was dissolved as to the previous deed, and the question
now was brought on fur the maintenance of the injunc-
tion as to the second deed.

Mr. BLAKE, in the absence of Mr. Hart, led the case
for Lady Westmeath. He would, as far as it was pos-
sible, abstain from entering into the facts and circum-
stances of the case; but as his Learned Friends on the
other side had drawn a little of the curtains. be should
feel it his duty to draw them wider, in order to let the
Court view the whole scene. In the first place, he de-
nied the feet that the Countess of Westmeath cohabited
with the Earl atter the execution of the deed of InIS.
All that part of the reasoning, therefore, of his Learued
Friends. which was founded upon their supposition of
the co!.abitation, was fallacious, tier the fact was not so.
It was said, that this deed was slated in May, lulu{. hut
not executed until the following August. Vs'hat was the
range of the delay? The fact was, that a deed was drawn
up. and duly executed its Ally, and not, as it had
peen stated, at the itnpertunitv of Lady Westmeath, but
upon the propoiolion of the Varl himself. as would ap-
pear from leis Lordship's letters set forth in her Lady-
ship's austere. The day after the deed was tecuted,
the noble plaintiff sent to the misters • protest against
the deed, and in a few days after hr sent lollies. a letter,
withdrawing Isis protest, and respi...slng that a copy of
the deed would lw made out for him. This was bat
reasonable, and the original was sent to a stationer's
fur the purpose. The Earl of Weatineath went to the
stationer's, desired to see the original instrument, and
when he got it. stills his hands he tore it in pieces. His
Lordship thy t wrist to Ireland, where he remained fir
four months, and, upon being reusonstrated with, upon
the impropriety of Isis conduct in teariog the deed, he
agreed to execute another, which he accordingly did
execute. and it was nearly to the same purport as the
sired of May. As to the absence of the covenant from
the trustees, that was to be imputed to the noble plain-
tiff himself, who, whets the covenant was talked of
his presence, said No—l have too high an opinion of
the honour of my wife, to suppose such a covenant ne-
cessary." Was that plaintiff now to route forward, and
to take advantage of an omission, of which he himself
was the sole author? Could it be maintained, that this
deed was to have uo effect as against the plaintiff, be-
cause, by Isis own desire. such an ingredient was left
nut ? In point of fact, payments have been made of the
allowance settled by the deed, and it was mat until that
allowance was discontinued that the trustees have felt it '
necessary to enforce its stipulations. 71se doctrine of
the general policy of the country slid not affect this deed,
fur it was not prospeetive; it did not look forward to •
any future separatism, which might take place; but it
recited a separation which had, in fact, air when
place, and it provided a nsaintenance, snits t& in the ,
rank of the party. Was this solemn deliberate instru-
went to be destroyed at the pleasure of one of the par-1
ties? Suppose the Noble Earl had thought proper to
make an addition to the pin-isioney of the defendant, and
that he had executed a deed for that purpose, would a
Court of Equity feel itself at liberty to say that suds a
deed was of no value? It would, indeed, be of no effect
as against creditors, but it could nut be questioned as
against the Noble plaintiff himself. The whole object
of this proceeding was, in truth, to compel the Countess,
by stripping her of her means of subsistence, to return
to the protection of ;ter husband. But this, if he was
at liberty to state the facts, lie would show to be ins-
possible; such provocations had been given, such vio-
lence had occurred, that the defendant could never
again cohabit with the plaintiff. There seamed to be
an objection upon the part of the Noble Karl to go into
the Ecclesiastical Court, and lie adopted the resources of
the Court of Chancery, which, by technicalities, might ,
protract the payment of any part of this maintenance for
years to rouse. It was hoped, therefore, that the Court
would not essnfirm the injunction, and that it would
thereby contribute to relieve theCoustess of Westmeath
from her present situation, which, in fact, was one of
penury anal absolute waist.
Mr. HART followed 011 the same side.

Mr. Weruea►a.i. appeared for V iscount Cranhourne,
the brother, and one of the trustees of the Countess of
Westmeath, and also for Mr. Wood. another of her
Ladyship's trustees. lie went over the same line of ar•
potent as to the validity of the deed of ISIS, which
was insisted upon by the Counsel for the defendant, and
intimated that be would not feel himself hound, through
a fake compliment for the feelings of any individual,
to merge the facts of this case in total silence. Ile was
proceeding with his argument, when
The LORD CHANCILLOR desired, that, as it was now
late, it should be resumed to-morrow morning.

Mr. Holman was greatly surprised at bearing this.
and begged to be allowed to look at the bill of parcels.
He then admitted that the bill was drawn out by him,
but lie declared that the receipt was a forgery.
The Loan Maroa said, the matter had by the defence
become of a very dangerous nature, and he advised the
prisoner to bring forward his witnesses.
I he prisoner was remanded for further exatnination.
How-Sragrr.—Yesterday a gentleman came into the
office, aid presented to the Magmstrate a portabledeadlt
instrument, which he bad picked up in iireat Ormond-
street. It consisted of about half a bayonet of the puha
end, with a brass screw at time bottom, to be screwed on
to a handle. 'I he point and sides appeared to have been
lately sharped. It was in a black paper case, similar to
those used for knives.

A person of the name of William decry was brcught
np before Mr. Maxie, accused of throwing stones at
the carriage of the Hon. Ileorge Lamb, on his returning
from the hustings in Covent-garden. As Mr. Lamb has
not the popular opinion ou the present occasion, the
crowd followed him to Villiers•strret, in the Strand, and
several stones. &e. were thrown at the carriage. The
prisoner was observed to he peculiarly active, and a
very large stone which he threw at the coach, but which
providentially missed Mr. Lamb, was picked up by one
of the officers, and now produced and sworn to.
The prisoner, in his defence, said, he threw the stone,
but he did not mean to hurt any one.
Mr. Iliaxic.—The same excuse may be made by the
robber on the highway.
Abates Abe:, alias Harroud, was charged with hying
one of a party who tried to rescue the other prisoner
from the custody of the officers. From the examination
of several witnesses, it appeared that the prisoner was
among WO others very active, but was soon caught, and
that he had since declared that he had no intention of
violating the law.
Mr. Lamb attended himself at the office, and said, "
came here to say, that I am determined not to tolerate
such attuelis. 'the abuse, the jokes, and all the language
used towards me I ran hear: hut when any such actual
offence is committed, I think it due to future candidates
to prosecute the offenders. lam determined to prose-
cute these men."

Mr. Bum', after hearing all the evidence, ordered
the prisoners to stand committed, or to find good

MARLNOROVGH-STnErr.—Yesterday the examination
of Sarah East, for having set fire to the house of .Ir.
Walsh, the King's Messenger, of No. 3, Charles-street,
St. Jatties's-square, WAS resumed before J. K. CONANT,
Esq. the sitting Magistrate. Several lienileuten from
the neighbourhood of St. Jaisies's.smtare, /se. attended,
in consequence of the great interest the case excites'.
The prisoner, whose appearance is that of a country
girl, but good-looking, was placed at the bar about
one o'clock, and the examination lasted for nearly five
hours.

S. Plank, the officer, stated to the Magistrate, that
the prisoner expressed an inclination to .livulge other
circumstances relative to the house being set on lire.
Mr. Cox ANT said, he won'd hear any communication
the prisoner bad to make, hut he would have her to know
that he could make no promise to her.
She declined saying any thing at present.
Mr. Walil►'s evidence. which was taken on Satarday,
was read over to him, which hr swvn• to as heing roe-
red. lie added, that there was, he understood, a trifling
dispute between Mrs. Wal‘lo and the prisoner. She had
no followers to his knowledge.
Mary Brown gave evidence to prove that the prisoner,
at the intervals of the tire. was in the house under very
suspicious circumstances, and made alarms herself when
the fire broke out ; after placing the children in bed in
half an hour after the place was on tire.

Perrott, servant to (lettere' Vincent, who lodged
In the house, deposed, that he left a small tire in the
General's room on the day the tire broke out, and re-
quested tL•e prisoner not to put any coals on. On his
return home, he found the General's room on fire, the
curtains, chair, and wainscoting, were burnt. At half-
past six o'eliwk in the evening, Sarah, the prisoner, made
as alarm, while she was on the stairs, that her mistress's
bed-room was on fire. General Vincent left the house
in consequence of the tires.
Mrs. Walsh deposed, that she was sitting in the par-
lour when she was alarmed by the windows breaking ;
on an alarm being made in the street, she went and
found General Vincent's room on lire : prior to this the
prisoner had been left in the kitchen. There was an
alarm of tire twice during the same day, and the pri-
soner, on each occasion, exerted herself to extinguish
them. She never quarrelled with her to cause her ill-
will.

Mr. Stad, Surveyor to the Sun Fire Other, attended
the place on hearing of the fires, and found that the
drawing-room, besides other parts of the house, with
furniture, were injured by some person evidently having
set fire to them.

Mr. IValdrop, Surgeon in the King's service, deposed,
that he was applied to by the prisoner, who comp=
of having lits, in consequence of a plethora, a disorder
which is sometimes accompanied with insanity; although
he could not say the prisoner was insane, he should be
warranted in saying she was at times deranged.

Plank, the officer, stated, that the prisoner had told
him privately, when ordered by Mr. Conant to take her
aside, that one day last week, a woman. who was a for-
tune-teller, cause to Mrs. Walsh's door, with some flowers
in a basket ; she forced herself in at the door, and would
not leave until her mistress turned her out ; she beck-
oned the prisoner to follow her. Mrs. Walsh shortly
after gave her sixpence to buy a myrtle front the woman ;
she followed ber to Waterloo-place, when she began
abnsing her mistress, and said she might want a bit of
bread herself, and persuaded her to set lire to the house,
and threatened her if she did not, that she would do it
herself, she being a fortune-teller; and the fear that she
would do something bad to her if she did not set the
house on fire, urged her to it. She said she did not do
it from hatred or malice towards her employers. In her
first confession of setting the house on tire, she said it
arose front a quarrel with her mistress.

She was fully committed to Newgate for trial, and
the parties were bound over to prosecute.

A shocking accident occurred yesterday noon, by the
breaking of the axle-tree of the chariot of Mr. Wilson,
of Devonshire•street. Mrs. Wilson, another Lady and
her daughter, Miss Barnewell, returning from church,
and near their own door, were thrown into so great an
alarm by the above occurrence, that ,bliss 8. lost all
presence of mind, and sitting in front unhappily put her
band out of the carriage, which falling with precipita-
tion on the pavement, jammed it in so terrible a manner
that amputation was resolved on, and almost immediately
performed.

Exacurton.—On Friday last two negro men, named
Ephraim and Sam, were executed, in conformity to their
sentence, fur the murder of their master, Mr. Thomas
Hancock, of Edge&id District, South Carolina: Sam
was burnt, and Ephraim hung, and his head severed
from his body, and publicly exposed. The circumstances
attending the crime for which these miserable beings
' have suffered were of a nature so aggravated, as impe-
-1 rionsly demanded the terrible punishment which has
been Inflicted npon then.—(Prom 44. dagtseta (Gear-
gia) Chroaiele, Feb. 1.)