, 1874-07-09
THE MORDAUNT DIVORCE CABE,

Aordaunt us. Morda,tnt bottor kuown ss tho |
Mordsunt divorce case, III revived. Our roadcra |
will remember tint this case WAS instituted by |
tho husband OF Lady Mordannt to obtain de-
orco Of divorce from hor. Tho ground Of Ills !
action WAS adultery. Lady 1fordaunt, the |
daughter Of q nobfamau n woman Of oxtraor-
dinary attractions, considered eyon The reigning
beauty OF tho United Kingdom, had for long
timo ahono n q star Of the frat magnitude in
tue hignoHt olasses Of English society, but be-
longod also to clique somewhat inclined to be,
In American parlanoo, '"fast." Among the
ornaments Of tho cotorie to Which she belonged
was the Prince Of Wales, who was somewhat
ontaugled In the caso, much to tho disgust Of
his mother and to tho delight Of Dradladgh
Aftur Sir OAarlcs Mordaunt bad commented hiB
suit. 1t was suggested to tho Court that Lady
AIordaunt wss nos Of sound mind. and atfidayits
we're maao to that effect. Tho question Of
divorce was theroupon dropped, and that Of the
sanity or insanity Of the defendant considered,
tho Court refusing to proceed In the suit proper
till this latter question was decided. Affalavita
oounsor to those In which the insanity Of Lady
Mordaunt waB affirmed were. also presented to
tho Court. The judges then appointed tho
'somans own father llor guardian for tho pur-
pose Of trying tue queation'of her sanity. Her
father entered III appoaranee In hor behalf In
obodienco to tho order OF the Court. and pleaded
that at tho time whom the citation In tho suit Was
| served OIL Ills ward she uas not Of sound
| mind, and TINT evor since TINT time
| she lad continued non conpos. Issue wns
takon on this plea, and the question OF insanity
ordered to DO triod before tho Court and
special jury. Tho Judge Ordinary, Lord Pom
zanco, in his instructions to the jury, seemed to
| think that thelo was soue dofect in the form Of
issue rendered, but, IS it passed without objeo-
tiou. he said 10 them: 1.-THE only way 1 can put
the cAHo III this Do you think tAat this lady wasiu
such condition OF mental disorder as to be unfit
or unable to answer tho petition or duly instruct
an attorney for her dofeuaa 7" He remarked that
lie preferred this form Of the question to that Of
! whether sno was mad, Insane, or out Of hor
mind, for the roaBon that it was the roai ques-
tion ut issue in the caso, and the practical
ona to 10 solved. Tho jury's verdict
was. that, on the day the citation was
| served on Lady Mordauut, she WAS in such a
| state Of mental disorder as to be totally uutlt
/ and unable to answer tho petition aud to duly
instruct her attorney for her defense, aud that
aho still continued 10 unable aud unfit.
This ended tho proceedings in divorce, for
! Lord penzauce ordered that until tho defendant
had recovered her reason nothing further should
DO done iu tho case. Fasling to have this order
reversed on an appeal to tho full Court, Sir
CharleH Mortannt appended to tue House Of
Lords. That body haa reversed the decision OF
tho Court below, aud remlttad tho case for trial.
Tho action Of the House OF Lords introduces into
English Jurisprudence tho principle that in q
civil action, III divorce cases at least. person
may DO held accountable for wrong committed
in 4 stato Of sanity although at tho time
the action against him Is instituted ho may be
insane, unable to put in proper dctelise, to sock
competent ADVICE or appoint an attorney to
manage his case for him.
1t is woll-sottled principle OF our criminal
law that II q man becomes inBano aftor he CON-
mitB crimo he cannot be tried for it, nor
convicted while his insanity lasts. And eyou
In divorce suits husband has not been
allowed to proceed against Ills inaane wife on
the ground OF adultery committed previous to
her insanity. This principle was settled by Sir
9. Creaswell n the caHe Of Baapde,, Us. Baole,,),
who remarked that, whilo il would be hard
case upon tho husbaudii he Was not allowed to
proceed, it would 10 an equally hard case
upon tho wife II he weEe allowed. This ssems
to bo the only caso in which the question waH
raised previous to tho Mordaunt caso, unless We
except ono argued before Sir r. Jonner Fust, in
which the poiut was uor decided. It may be re-
married. here that tho full Court to which Sir
Charles Mordaunt appealed from tho decision Of
Lord Penzance wero not unanimous IN their de-
ciaion. That Court consistodof Kelly. G. B.. Lord
PenzAnce (Judge Ordinary, aud KoAting, J. Tho
two latter Judges held TINT tho case should not
bo proceeded with whilo tho defendant was H.
saue. Kelly, On tho other baud, who gaye q
dissenting opinion. held that, after hopes Of re-
coyery bud failed, the oaso ghould proceed to
judgment.
Some Of our toxt.writcra On law, commenting
on theaa cases, Say, and wo agreo with them,
TINT an action for divorce III not analogous to a,l
Indictment, aud that, therefore, thero aro no
public considerations which require the defend
ant to be sane when it is carried on. It bus
been mgod, however, that whero mum kuew oi
Lis wtfc'a lack Of fidelity to him whilo n1o waa
Sane, aud might have proceeded againat her but
did not, he should not be permitted to proceed
agaiuRt hor attor aho becomeH inBane, aud thit
would aeom to bo hut just. Tho American law
on this subject has never baen aotted. The de-
osion OF tho highest Court Ia Which tho common
law is oypoundod will hayo much to do In form
Ing onr own Inv OH tho question.
While the Mordaunt cass IL progressing IL
England, scandal. opioures will hsyo q rare disl
aerved up to them, tho Quaou will probably be
submitted to some modification, aud tlo irro.
pressible Dradlaugh will gloat over the rotor
mesa Of England's aristocracy.
.-......,e.es.@z ..e.:...-......s....,e.es..@z
: Whtlo Chicago Aldermen arc allowing their ap