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

LAW I,

'ELLIGRNCE.
COURT OF CIIANCFRY.
Saturday; Dec. 23.

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EXTRAORDINARY CASS.
Sir S. Rout eel, slated, this wes the petition of
Sarah Anne Daniels, a lunatic, to have herself re-
moved from the custody of Joseph Munyartl, into
that of her father, Mr. James Daniels, or into
that of any other person that the Court might
iMek proper.
The Learned Counsel stated, that never, in his
life; as a Counsel, did he feel more embarrass-
meet, or more anxiety for the success of an ap-
plication, than at present ; the circumstances of
the case were most 'iota and distressing. Ile
trusted that he might newer again be obliged to
listen to the anxiety of the father of this unfortu-
nate young lady. It was too much for his weak
nerves. It would be sufficient to draw pity from
. the breast of an uncultivated, untutored savage.
Alr. Daniels was a respectable gentleman, residing
at Hampstead; the Petitioner was his only child.
In the month of Mardi last she became deranged
in her mind ; she chewed it in several ways, by
tearing her clothes, sitting for hours naked, sulk.
ing her attendants, and using most violent each.
nations. Dr. Munro's assistance sets called in,
but without effect. The agony of the doating fa-
ther could be better conceived than described ;
from the distressed state of his mind, his body be.
came impaired. The whole affection of the parent
was called forth, and his mind being weakened by
distress and bodily pain, he conceived the catieeet
his daughter's insanity was a secret passion for'
Mr. Joseph Munyard, a young Solicitor in the
neighbourhood. He knew she had seen him, as he
had done some professional business fur him (Mr.
Daniels); he was confirmed in this opinion by (he
expressions of the Petitioner in her fits of insanity.
He thought by giving her the object, what be sup-
posed to be her ChOiCC, he would remove her in.
sanity. He accordingly sent for Mr. Joseph
Munyard, and acquainted him with his intentions,
without secreting any thing, which were immedi-
ately acceded to by him. The Petitioner was at
this time only 19 years of age, being 20 in last
November. Mr. Daniels agreed to give Mr.
Munyard 5001. on the marriage, and the interest
of 60001. stock until the Petitioner came tai the
• - age of 24, when it was to be laid out by trustees
fur the benefit of the Petitioner and her issue.
Mr. Munyard had been in the habit of seeing the
Petitioner daily, in the presence of her attendants,
from the 20th of March to the Bth of April, the
day on which the marriage tuck place, and of
seeing her insanity. The prospect of the union
did not recover her. On the morning it took
place, it was with difficulty she could be prevailed
on to allow herself to be dressed. In the church,
instead of attending to the ceremony, she was
looking round her with a vacant stare, which
shelved she was not of sound mind at the time.—
Mr. Munyard took her home, but it made no
change in her mind. On the 17th of April, be re.
turned her to her father, Mr. Daniels, who again
put her under the charge of Dr. Munro. On the I
25th of April, Mr. J. Munyard called on Mr. Da-
Weis, and told him, if he did not give him e bliss
on the six thousand pounds stork, and a promise
of the ►(-skim: of his fortune, at his death, he would
take the Petitioner away, as he tad a right to do,
sho being his .rife, and that he, the father, should
• never see her mute. Mr. Daniell refused to com-
ply with this demand; and on the Ist of May he put
his threat in execution, and carried the Petitioner
of by force. On the 16th of August, there was
an vocation put iiito Mr. Daniel's house, for
6001. by the tether of Mr. Joseph Munyard, on
the bond given to the latter by Mr. Daniels. The
Petitioner seel been since neglected by Joseph
Munyard, and deprived of those comforts her si.
tuation required. The Learned Counsel contended,
that it there ever was a case which re.luired their,.
terference of the Court, it was the present. It
asked but little; only that this unfortunate and
beautiful youn4 lady might be given into the cus-
tody of her father, or some other person, under
the direction of that Court, who would attend to
her wants and comforts. It came fully under the
jurisdiction of his Lordship, for if she was insane,
at the time of the ceremony, the marriage was null
-end void; for, although the person was prevent,
the .tonil was absent. It was like a person mar-
ried by proxy, and the marriage never consum.
mated. It was true, they had been married by li.
tease, and with the consent of her father; but his
indiscretion, which he had severely sntfered fur,
could not make an unlawful act a lawful one;
.and if she was in a state of insanity at the time of
the marriage, it must be unlawful. The Clergy.
man who performed the service even perceived
there was something wrong about her ; fur, on his
return to his family, he observed, site must be
either insane er an idiot. The reason why this
application had not been made before was, that
Mr. Daniels intended instituting a suit in the Spi-
ritual Court, to dissolve the marriage; but he I
found ho could uet become a suitor there, when
be had given his consent to the thing complained
of. Under these circumstances, he had nut a
doubt but the Court would lock upon her as if
the °twinge had out taken place; in which case
the right of custody could not be vented in Mr.
Joseph Munyard.
Mr. BELL followed, on the same side, and con-
tended, the Petitioner had a right to the redress
asked for by the Petition.
Mr. RlCUAlitei, as Counsel for Mr. Daniels,
submitted that his Cliint was sorry for the part he
had acted, and regretted every hour that he had
been guilty of such an indiscretion.
Mr. Mee, Counsel for Mr. JUSCI)II Monyard,
contended, that this application was irregular, for
the Court had no jurisdiction to do away with the
willing act of the lawful father of this young lady.
This was not her petition, although it professed to
bo so on the face of it, but that of Mr. Daniels,
the father—who bad puffing to de, if he was dis-
pleased, but to sue out a commission of lunacy, to
try like fact, 'whether she was, or was nut, Ossetic,
at the time the marriage took place, and have it
gonfirmed by the verdict of a Jury.
Sir Satalr,l, ItolsmAr—" Ile could not hare a