The Statesman.
London, England, 1820-03-23 00:00:00

'rrn STATESMAN

LAW INTELLIGENCE.
COURT OF CHANCERY, M mot ft.

WESTMILATII C. MESTIIIATH.

Mr. SNADWILL was beard for the Katie... He con-. 1
lined himself strictly to the deed of I;418, for which he
contended with much ability. He considered it as as
instrement between Lord Westmeath and the trustees.
and hr argued that such deeds were maintainable, inas-
much as the annulling of them would affect the rights
of third persons. lie also cited cases to support his
proposition, that the omission of a covenant from the
trustees to indemnify was not sufficient to vitiate the in-
strument. because it was held in the cases cited, that the
fact of the separation of the huslsand and wife, coupled
with the settlement of a separate maintenance upon her,
was enough to discharge the husband from any debts
which she would contract after the separation. • Stich a
!covenant, therefore, would be a were superfluity.
The ArronNev-tigNanai. replied at considerable
j lengths. He regretted exceedingly that Mr. Wetherell
had not followed the course which be thought it Isis duty
to propose on introducing this motion. The Counsel for
is•ssly Westmeath very prorerly, though indeed reluc-
tantly. followed that cons sr.ansl abstained from draggiog
Ise:'ore the world scenes of private dispute, over which it
was muds better to draw a veil. finds au exposure
tended rather to widen than to repair the breads which
had exi stet!, anal it would have been more becoming in
the trustees to have endeavoured to heal the wounds
which had been inflicted on either side, than to wake
• them more anal more painful. Provoked is he had been
Wreta!iate upon his Learner! Friend, he would not. how-
ever, even now, say one word to hurt the feelings of the
Countess of 11•ronteath. lie should only say, its jtt.tire
'to his client. that it ever the day sl Id come whets a
dioeission of the farts should be judged steers. srv, the
!plaintiff would be found as little culpable as the ale-
, fendant. That slay, indeed. hr trusted never would
arrive, for he cherished the hope that these disputes
might yet be all amicably arranged—that each parte
would sac—" we have btt•it beets its error--we have boils
committed faults; but we are now willing to forget and
to fors ve." lie could at least say, that a feeling, and
• a strorg• feeling of this kind existed in the breast of one
of the parties. The Learned Gentleman then combatted
its det:ll the arguments which had been adduced on the
other side.

Mr. BLAKE %Aid. hr eras authori7ed to state to the
Court. that Lady Westme,itla %V:111 perfectly willing to
hare the pecuniary matter% in dispute arranged in an
amicable wanner out of Court. Her Ladyship was nut
disroted to s•and upon her bond," nor to throw the
.light..st difficulty in the way of a satisfactory con-
cinsio”.

The Lent) CHANCrLI.OR said, that as this was a case
of very great importance, inasmuch as it affected the
qupport .Ihrorragement of private coutracts of sepa-
r. ~ • he would feel it his dntv to read over the whole
of the 1.111 and answer. For the present hr would gise
urn n the validity of the deed of I*l.l, except
;.• say. that if this had been a question unprejudiced by
torture dr, i,ions. he would not feel disposed to gibe
surh inoruments the countenance of this Court. It was
said at the liar. that the illegality of our part of a deed
was not snthcient to vitiate the whole. To this doctrine
he in some degree consented ; but hr would not hesitate
to say. that if it appeared that the main purpose and oh-
Jere of the dee., plus against the policy of the law, he
could not sanction the exeention of any of its collateral
provisions. Ile would have beet. %ery to semi this
question to a Conti of Law, that it tinally becan-
rime., before the Judges both of I. la and Equityx•nd
that the doctrine is' 00000 such deeds might he settle 4 tor
the failure Inidanee of the public. Frans the pgsent
state a 'Millis! lorrhoesa—a state which he Intestat
continue for sonic time—he was afraid that bis wish
could nut be accomplished. lie should therefore-feel it
Isla thin- to investigate the case to the bottom, and If he
saw that the matter to be decided was within the juris-
diction of this Court, he should endeavour to explain
the general policy of the law ; but if he should find that
he ought to send it to a Court of Law, he would so shape
the questions to he put, as to bring the whole sulitct
under the examination of that Court.
A desultory conversation then took place, as to pro-
ceedings whicb were commenced at law by the trustees.
It was understood that they had merely given notice to
the tenants on the lands specified in the deed, nut to
pay the rents to the order of the Earl of Westmeath. It
was also understood that no further proceedings would
he taken until his Lordship should deliver his judgment.
The Duke of Hamilton, Earls. Lauderdale anti Aber-
deen, attended in Court, and took the qualification oaths
fur the Scotch Peers' election.

POLICE.

which she said her husband had brought home on the
111th instant, and desired her to cut them in pieces, but
she bad neglected to do so. The witness searched the
house further, and found 1 old crust e-pieces, and
of more ancient and curious coins. These also,
MM. Thomas confessed were brought home by her
husband.
Jeffries, another of the patrole, produced six one-
pound notes found upon the prisoners when they were
apprehended.
Mr.. Slade identified the wearing-apparel, the coins,
and the whole of the hank-notes, as part of the pro-
perty stolen from her room on the night in question.
She recognized her own hand-writing on each of the
notes.
Mr. Keene, a farmer, at Isleworth, stated, that during
the night of the 22d of January last, one of his barns
was broken into and plundered of a large quantity of
wheat. Suspicion fell on the prisoner Thomas, and on
searching his Louse two of the sacks iu which the wheat
was taken away were found concealed.
A feeble olif man, in poor circumstances, next pre-
ferred a charge against the prisoner, for assaulting him
on the highway, and robbing him of his noel'.
Several other persons were iii attendance, and pre-
pared to charge the prisoners with different offences,
but the Magistrate said it was unnecessary, as there was
sufficient evidence to send to trial on the first tit u cases,
and the other parties might prefer their bills of indict-
ment at the Sessions, by which the ends of justice would
he equaliy answered.
The prisoners were fully committed to Newgate fur trial.
Since the apprehension of the prisoners, the neigh-
bourhood of klen °rill aid the other places have been
perfectly quiet. The officers are now in pursuit of other
suspected persons.