The Statesman.
London, England, 1823-08-05 00:00:00

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The Loan CNANCILLOR ordered the injunction to Wee
in We ease as prayed, the parties applying for it paying
WO Court the amount awarded by the Decree of the Ad-
• -miralty Coen, together with a sum of money as a deposit
for costs in the usual way.
LUNATIC PETITION.
GTLL 17,, OTLL.
This was the Petition of Frances Gyll few a Commission
of Lunacy against James Gyll, her husband, on the grouad
of his hetng afflicted with a constant jealousy, at an ima-
ginary infidelity on her part, operating with such force on
his intellect as to render him unfit for the transaction of
Ordinary business.—it appeared that each of the parties
were rapidly advancing towards the grand climacteric;
that they lived happily together down to the latter end of
1817, when unhappily for Mr. Gyll's peace of mind they
became acquainted with Mr. Henry Vincent Tozer Aubrey,
of whom the alleged lunatic imbibed a most deep-rooted,
though unfounded, distend as to his intentions on his
wife's boom. This delusion operating forcibly on his
brain.' be accused petitioner of lacootinency, twice insti-
tuted legal proceedings against the above named gentleman
for Crias. Cox. and as often failed lo bis object; changed
.the mese from Hereford to Lancashire. simply because he
thought the former county was leagued against him: and
often struck and otherwise ill used petitioner. Several affi-
davits were read, setting. forth various acts of extravagant
behatioor, such as dressing in a bob wig and red ruffles,
and in that disguise whistling himself for his wife's sup-
?wed paramour ; writing letters to her himself, and accus-
ing her of receiving them from another; boring boles in
houses, purchasing telescopes, and remaining for many
days in a turnpike-house; with other strange conceits and
stratagems to detect the frailty of Mrs. Gyll. Letters
were also adduced to prove a confirmed aberration of mind.
They treated generally of the grievance ander which he
supposed himself to suffer. and were for the most part an-
intelligible, from the confused jumble of incongruous and
unconnected matter. The petition concluded by submit-
ting that these facts, verified by, affidavits, made out a
prima facie case, which would %arrant his Lordship in
seniiirg it before a Jury.
was contended on the other hand, that the Petition
had not brought down the circumstances of alleged insani-
ty to within the two or three last years; that there was an
absence of all medical testimony on the subject ; and that
the fact of the Petititioner having applied to the Ecclesias-
ecsi Court for a restitution of conjugal rights. was it-
self a. proof, that she either did not believe in her hus-
band's insanity, or that she wished to cohabit with a
Madman.
The Lnen CIIANCELLOR—Tbis was a case of no ordinary
singularity and difficulty, and his Lordship was much dis-
tressed at having to decide upon it, because he happened
to he acquainted with circumstances which had not been
stated at the liar, but which he felt it necessary to allude
to, as in the event of a further application, it would be ne-
cessary to bring them before the Court. The Gentleman
etude., to acted the year before last as the Sheriff of Me-
rionethshire; he was likewise a Justice of the Peace for
Hereford, and when the canoe rotalorant was a short time
since sent to his Lordship for a new list, he observed, that
Gyll's name was omitted. It being customary to as-
certain the ground of such an omission, he bad a corre-
spondence with that gentleman, and he felt justified in say-
ire, that it was conducted on his part with considerable
ability. His Lordship had no doubt whatever of the per-
fect innocence of the lady, still it did not prove insanity in
ti-e husband, because be entertained a contrary opinion in
opposition to the general belief. There were great allow-
ances for the extravagant acts of persons labouring under
Intel an idea, whether well or ill founded ; and he thought
. .

the circornstanee of this petition, not bring barked by any
other !grinners of the family, was not in its favour, any
ir,ire than was the omission of tntinsony from ISI7 in a
suit instituted in 1523. A petition presented by a wife
against a husband was always a circumstance of suspicion,
though it was by no means decisive of its merit. It was
incumbent, however, on the person to whom such an op-
y,lication was made, to take especial care that he did rot
Tut atv person under the odium of such a commission
,whomlis did not firmly believe would be found to be a lu-
natic before a Jury. Upon the whole, therefore, it did
-appear to Ids Lordship (whatever he might do upon a fu-
tare application) that on the present petition lee should not
be justified in issuing the commission.

VICE-CHANCELLOR'S COURT, DloNvair, AUGUST 4.

EN-PARTS N'TKUAIN, IN RE CROCKET.

The Vice CUANCIILLOR, on this bankrupt petition being
called on, stated that lie had read all the very voluminous
affidavits in this case, and he had no difficulty in saving,
that in all his experience for the last 30 years, in bankrupt
petitions, he had never read soshameful, so barefaced, sn in-
famous a case. He regretted that such a case should have
some under his consideration, but he still more deeply re-
Fretted it, because an attorney of the Court was connected
so the transaction. His Honour stated that he had most at-
tentively read the whole proceedings, and he had satisfied
himself on which side the truth rested, forit was utterly im-
possible for any affidavits to contradict each other more
fatly ; and he was convinced that if a criminal proceeding
were insthated before a jury upon those affidavits, there
would be little difficulty in finding a verdict. The strong
impression upon his mind certainly was, that a combi-
nation had been formed between an attorney of this Court
and other rarties to release the bankrupt. His Honour
then went through the various affidavits which had been
filed in the case.
Mr. TRESLOVE stated, that he had appeared only on be-
half of Mr. Sadler the attorney. The affidavit oelv which
affected Mr. Sadler was that of Mr. Kitchener, and it ap-
peared to tae learned Counsel that there were no allegations
of express face charged against his client.
Tar Vies: Cu INCgLLOR said it was impossible to read
this case.. ithOilt seeing, if the affidavits were to he believed,
thet Mr. S.ld ler was connected with all the fraud subsequent
• to the issuing of the commission, viz. that most gross tread
of erea:ing lielitious debts. The affidavits contradicting
each other so flatly, the question was, to whom credit was
ta he given ? Mr. Kitchener, whose affidavit was the
strongest against Mr. Sadler, was a gentleman who was
Proved by two magistrates to have practised for 20 years
with the utmost respectability. Two other individuals also
moved that Salter had perjured himself with respect to the
transaction. tinder these circumstances, be must supersede
the commission with costs, to be paid by Stanton, the
bankrupt, anti Sadler. It was his decided opinion that it
was not safe for the public interest to permit this matter to
rest fur a month without being made the subject of a crimi-
nal prosecution. It was absolutely necessary to check such
atteropts by example, and by instituting immediate criminal
proceedings.