Morning herald., 1839-07-01

rcr; and 1t agreed that the docnmentaay 'e ti
mony should be read to the Court by Mr.. bdwen,
and that the affidavit Of Mrs Barry and some stner
papers, in the hands Of her Counsel should oe SUI
mtted. Mrs Barry's statement occupied .nc Ooa, :,.
Tor above hour and a hall IL ccmmenoes w" =
the early history of their attachment, courtsP sn
marriage, and canaot be termed round uhVarhsneo
tale; for in parts it is truly eloquent ana ae
tails i'm thoughts that breath, and words thai uu.h'
all the miseres Of disappointed, II not nuca IN
iured woman Every circumstance seems TO nave
been carefully treasured up jail tneir tue
and every trihing domestic incident woua seem TO
have been carefully preserved oy TINS uhhAppy 'auy
in order to hur them at the head OF her lord and
master at a time when he stood alone on his domes-
tic hearth with all his household Gods shivered a.
round him.
exhibit proofs in the documents read to the Court
of very superior talent, for that self evident IN
the tears snbs, signs, and even fannss which were
produced among the audience Even some OF the
sterner sex could not look unmoved, or reflect,
that by the decision in this case, two parties, who
might have made each other happy, were to be for
ever severed, and
These are words Of deeper sorrow,
Than the wall above the dead,
Both sh,ll live but every morrow
Wakes them from widowedbed"
There were sane portions ef this document which
the counsel for Mrs Barry deemed too indelicate TO
read aloud but had marked them for the private pc
rusal OF his Honor.
Mr. NJ S Bidweu addressed the Court in very
able and erudte speech the law rs applicable to
this and similar eases. The learned gentleman seem
ed to have fortified his memory with almost all the
decisions from the best English jurists, including
some very able opnious of Lord Mansfield. Lord
Eldon, Sir VIM. Scott, now Lord StOwell, ana LORD
Lyndhurst
After he had concluded, the Court took recess,
and then Mr. Girard replied to Mr. Bidwcll.
The case will be resumed on Friday.
The deduction Case--Thc Court was again
crowded to hear the argument on this interesting
case; but the exc tement appeared to be greatest
among the gentlemen and loafers. for very few ladies
made their appearance. Such, indeed, was the anx-
ety 10 Get good seat, that long before the Recor-
der was ready the whole of the best seats, including
the reporters table, were taken possession OF by
host Of idle loafers, and it required all the torfte
in re which the High Constable possesses to get
some Of those well-bred gents to move out of the
way. :,
Order being at length restored, Mr.. Griffin ad-
dressed the Recorder ON behalf OF Mrs Barry, and
urged his honor decide in her favor lest that lady
should take it into her head to mourn like Rachel
weeping for her children, and refuse TO be comforted
because she had them not.
Mr. Anthon then rose to close the case on behal.
of Mr.. Barry The learned gentleman, in his exor
dum, said, Il am now, sir, about to close the most
extraordinary volume OF abuse and vituperation
witnessed in a court of Justice rejoice, sir,
that have close it, and better would ii have been
for nv learned friends and for the family whose
cause they have espoused if they had never opened
it My learned friend, in his argument has quoted
scripture again and again. but unfortunately he has
not drawn from the holy volume the most essential
doctrine il contains-charity to all men-or he would
not have sought 10 oyerwhelm an unfortunate man
with the preiudices and anathemas OF disappointed
woman. Sir, ! am IN possession OF facts which
have lodged within the sanctuary OF my own breast,
which, were to scose, would excite far greater
feeling against antagonists than even they have
sought to raise against us.
The learned gentleman then made some remarks
pectng the revised statutes and their application
TO a case like the present. lie then spoke Of Mrs.
Barry and of the of her union with Mr. Barry.
Sir, do believe that this lady had been too long
indu lo,p in he e Ce
and she married at too late period OF lite TO
appreciate the blessings Of that state. She had in
dulged herself in an oyerdrawn picture OF him who
was her husband and she was disappointed when she
found that the sober realities Of his fire. side did not
come up to what she had depicted in the daydreams
Of her cenious fancy At one period of their lives
the ladies' all for love, at another all for ambiton
and She sir, married his fame, and not his person.
Thence sir, her She thought not of affection
could not love- but dreamed Of ambition, and was
disappointed, when she found not the envied member
\ of Parliament, but the bankrupt merchant, whose
house was only of plain cemiort, and not OF ars.
grandeur Let us see, sir what she says OF
him, for l hold her letter in my hand. lie was a
man Of allowed talent. had heard OF him contin.
| ualIy: and though day after day deprived him Of
some charm, still il would have been happiness to
have closed my eyes and dreamed on
| This sir was written Immediately after marriage,
and when the kitchen difficulties began TO open her
eyes for the little god Of love will not make the ket-
| tie boil-Mr Barry was then no longer, member
of parliament, and the hero al her day dreams, but
had come down in life. lie then had TO work for the
| bread his family and his wife were to cat and !
challenge learned opponents with all their PHI
losophy to stand so well as he did the dreadful bat
terry which brought to bear on him, that OF ie-
male sncer.
Turn. sir, to the letters written at this time, and
see il they are not as cold as ice and filled with
sneers his poverty. Look at her sneers at living
for whole year on 5000, and his coming on to New
| York to re-estabsh himself a crockery dealer
with only Sl2C0!
We are sorry that our limits prevent our giving
more of this interesting case, which stands further
adjourned to Monday next.