The sun., 1873-07-18
Can a Lunatic be Divorceds


II will be remembered that in the spring
OF 1869 much excitement was cnused in
English society by Sir CHARLES Nor
DAUST's petitioning the Divorce Court for
a dissolution OF his marriage with his wife,
Lady MoRDAUST, OH account of her nl-
legged n1delity. Lady MoRDAUST Is
daughter of Sir THOMAS MoNCREIFFE, and
n sister of the beautiful Countess Of DUD-
LEY The correspondents in the divorce
suit were NiscOuut COLE and Sir FRED
ERfCK JoHNsroNE, two gentlemen well
known in fashionable circles, and the
Prince OF WALES was more or less impli-
Gated by the testimony.
In the summer of lsG0 Lady MoRDAUNT
was examined by medical men with view
to asccrtaining the then condition Of her
mind. Sr THOMAS MoNCREIFFE, her
father, was allowed to appear as guardian
al Ucm. lie flied an answer alleging that
at the time when the citation in the suit
was served upon Lady MoRDAuNr she was
not sane, and that she had never since been
and was not then of sound mind
The case came on for trial in February
ls'J, before Lord PLNlANcE and Il special
jury Tho only question before the jury
was rs to the insanity alleged, ANA the
merits OF the case were not gone into.
The T. jal resulted IN u verdict that Lady
MuRpNuNr was ut the commencement of
the suit and had since remained in such a
condition OF mental disorder ~ 10 bc I'M
able and uuHt b. answer the petition and
t. duly Instruct her attorney for her de-
fence Lord PESaANCE male IN order
tI a l..
taken until Lady MuRpAUSr should re-
cover her m 'utal capacity.
Sir CnAELE> MoEpAUNr appealed to the
full court Of divorce against this order.
Lord pENZANCE and Mr.. Justice KEArING
h'ld that the order was good. Chict Baron
NELLY thought thutit ought to be- rescindcd,
aud au order made that the proceedings
should he stayed from time to time as long
as there was reasonable hope OF recovery,
but tliat when that hope should have
ceased the suit should proceed.
The case came up again on "A new appeal
in the House of Torus a few days ago. As
the Lord Chancellor had be n engaged NJ
counsel in the case when he was Sir
RoUNDEIL PALMER, he could not sit on
this appeal. In his absence Lord CuErMs-
Lord HATHERIEY sat with him. They
were assisted by the Common Law Judges
rs follows: Chief Baron KELLY, BarOns
MARTIN aud PoIIoCk, and Justices KEAr-
ING, BRrrT, and DESMAN. The Solicitor
General, sir GEORGE JEssEL, and DR..
SP1NKs Q. c., argued the case for SIR
CHARLES MoRDAt st, while Dr. DEASE. q.
G, and NJ. GIFfARp, Q. c., appeared for
the respondent.
LORD CHELMSFORD said that the case
must he regarded from the view that the
unhappy lady's insanity is hopcleSsly in-
curtnlr; aud that the opinion expressed
by the Lord Chief Baron in the court be-
low wGs that so long as there was any
hope that the lady might recover there
wus no objection to stay the proceedings.
At the conclusion Of the arguments Lord
CnrLMsToBD said that as the case was one
of very considerable Importance, involv-
ing point altogether novel, they wished
To have the assistance of the learned
Judges before pronOGncing 10 judgment
Nhich would decide for the future all
questions of the same description. He
then put tbs question t. thc Judges.
Whetn,r under thr Act - and a Victoria,
pID'teIlhss =, the uls-olut.p IN of a marriage
can Jr instituted uT proceeded WIKI eli nor ON
hehali OF or ,teslnet a T. isbanI or VIE who be-
i"rr ne lro,ee inss were Instituted, has be-
The Jud-,, asked tuIc to consider their
answer and he further consideration was
adjourned.