The Statesman.
London, England, 1821-10-19 00:00:00

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MID WIDE, MUM DILAKILIMI MID IVIIDS, WALL
MID OTRIDS, liargarbayirs.
This was, an issue iireined Woes Ai Cie! b( Chan-
cery in England ti the Nati of &DA 'is-
land. to try abedier Vine the legitheine
children of the late ilo)or Jaweitlealinist Wit born in
lawful wedlock or est.' to 'Wee tio-priket say totes-
'ties that alight arise ID Lee dal Partialities and iinwer
of the Court of Chancery of Ilaglood to direct in
issue mho tried by a Coast of Law is Ireland, a,shart
bill had bees Bled in the Irish .Coort As( Chancery,
prayiog that the lase* may .he tried is the county,
sad that the Court decreed that the issue should be tried

accordingly. The case excited great pwirlic interests •od
came on to be tried before the How. Baron Sir Wllliaat
Smith, and a speeial JRry. The eirennsitmkesaif•Ore
ease were shortly these : In 1819, the Hon. Jail Mil-
ton hl4Aniff, late of the island of Jamaica, died intes-
tate and without issue, leaving a considerable perional
property both in Jamaica and England. He was timely
married ; the defendants were first cousins, and 4 of his
next kin. Adtninistratioa to his effects in England Was
granted to Mrs. IVhitmarsb, one of the defendants, by
her then name of Smith. In the year 1820 the plain-
tiffs filed their bill against the administratris and the
other defendants in the Court of Chancery in England,
alleging thst they (the plaintiffs) were six of the first
cousins of the intestate, John Clinton hlsAniff, and that
they were lawful children of Major James Graham, late
of Ballylawrence, in the county of Cork, who was the
son of Peter Graham, the maternal father of the intes-
tate—that Major Graham was lawfully married to Mary
Daly, the mother of the plaintiffs, in the parish church
of Ballyhelly, in the county of Cork, prior to the year
1785, anti about 45 or 50 years ago, according to the
rules and forms of the Established Church of Ireland, by
the Rev. Crowder Dowden, a Clergyman of the Estab-
lished Church, the Rector of that parish. The plaiutiffs
stated that they were thechildren of that marriage,but that
the parish register, containing an entry of guard ages prior
to the year 17/45, was formerly kept by the sexton of the
parish—that his cabin bad been accidently destroyed by
fire, and with it the registry of the marriage, but that
the solemnization of the marriage could be proved by
old persons who were present thereat ; that Major Gra-
ham always acknowledged Mary Daly as his lawful wile,
that their marriage was a marriage of public notoriety,
and that she was well known and reputed to be his law-
, ful marriett wife—That Mary Daly, being by birth and
fortune infer* to Major Graham, his relations were dis-
pleased with such Marriage, and refused to visit her; yet
'they acknowledged her as his lawful wife during his life,
and as his widow after his death.
Mr. WAGGITT stated the case on the part of the
plaintiffs, and called two witnesses, who swore they were
present when the marriage was solemnized between
Major Graham and the mother of the plaintiffs. Mr.
Grady, for the defendants, impeached the case of the
opposite party, as being a base conspiracy, and called
a 'Lauber of gentlemen who proved that the repeal-
tioo of the country WAS that Major Graham and the
mother of the plaintiffs were never married. Mary
Morgan also, a follower of the Major's family, swine
that the mother of the plaintiffs lived with the Maj tr
at his kept mistress, and was never considered WA
wife. On her cross-examination she said, she never
heard from any tette till lately that the Major had been
married.
Ilv the Judge.—Then you must have told a lie to
Major Graham, when at Donnerail you said yea hesri
he was married ?
Witness.—Yet!, my Lord, I did, to try him.
The defendants closed their case—Mr. tioold spoke
to evidence—the Learned Judge charged directly i
favour of the plaintiffs—the Jury retired fir a 1.-v
minutes, and remelted with a verdict, finding that t!te
pl:tintitfa were the legitimate children of the late Majar
Graham.