Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1874-07-18
THE MORDAUNT CASE.
History and Present Condition of
this Cause Celebre.


this Cause Celebre.
From London Correspondence N. Y. Tribune.
There have been of late years few
more pleasing illustrations of the uncer-
tainties Of English law and morals than
the Mordaunt case. 1t was famous when
first heard; it has suddenly become ia
nous again by the decision of the House
OF Lords given the other day. Lady
Mordaunt, you may still remember, was
a great beauty; one of several sisters,
also great beauties, of good birth, and
better connections. When she married
Sir Charles Mordaunt there were plenty
OF candid friends who predicted trouble,
IOr reasons not necessary to be repeated.
Inc trouble came soon enough, first in
the shape Of scandals, then of divorce
SUIT brought by the husband against his
wife, with some well known names fgu-
ring as co'respondents-the names, that
Is, OF those with whom Lady Mordaunt
was alleged to have committed adultery.
before the cause could be heard, plea
OF insanity was filed by Lady Mordaunt's
friends as q bar to the petition for d.
vorce, and Lord Penzance, then Judge
of the Divorce Court, directed the aues-
ton of insanity to be first tried. Upon
that interim hearing the merits and de-
merits of the case were much gone into;
there was, in fact, such dish Of scandal
set before London society as quiekened
the appetite Of the most worn out old
prehigate you could meet Royalty
came in for its share, as, to do it justice,
it generally does.
The Prince of Wales went into the
witness box and swore that his friendship
with Lady Mordaunt was in all honor
and propriety, and Mr.. Sergeant Ballan-
tine resisted the greatest temptation that
ever beset famous cross-examining
counsel when he suffered the Prince to
pass from the box with the single remark
that he had no questions to ask His Royal
Highness. The jury found that Lady
Mordaunt was insane. The Judge there
upon ordered stay of proceedings until
she should recover her mind. Sir Charles
was furious. He appealed to the full
court, and the full court-that is to say,
Lord Penzance himself, the Lord Chief
Baron, and Mr.. Justice Heating
ed the decision of Lord Penzance by
majority of one. Again Sir Charles ap-
L
be afraid to say how many times and by
how many counsels the matter had been
argued. They are long purses on both
sides. 1t became certain, meantime.
that Lady Mordaunt was permanently
and hopelessly insane, the precise con-
tingency upon which the Lord Chief
Baron had been of opinion the husband
should be permitted to proceed with his
petition The Law Lords required the
attendance of the Judges to advise, and
six Of them heard the arguments; two
of the six being the Lord Chief Baron
and Mr.. Justice, who had sat on the first
appeal. Neither of them, as may be
conjectured, changed his views. Three
of the others sided with the Chief Bar
on. and only one with Mr.. Justice Keat-
ing
With this majority agreed the Law
Lords, to-wit: Lord Chelmsford and
Lord Hatherley, the two ex Chan cellors
who, for the purposes of this case, con.
stituted the House of Lords in its ca
pacity as court of final appeal Scotch
Lord Colonasy had sat, but died there
after-not in consequence, let us hope.
They were not obliged to agree with the
majority, be 1t understood; might, had
they so chosen, have sided with the
and dissented from the major
ity the Judges being in such cases an
advising, not a voting body The two
ex.Chancellors accordingly gave judg-
ment reversing the decision Of. the court
below, and directing the court to proceed
to hear and determine the suit for d.
vorce, notwithstanding the admitted in
sanity of the wife, and to pronounce a
decree upon the same. 1t is four years
since the decision now overthrow was
given.
SO, now we are to have the whole mat
ter over again, and when the case of
Mordaunt VS.. Mordaunt comes on, the
average British newspaper will be about
as good family reading as the novels of
the late NJ. Feydesu, or rather less so.
Society, as usual, is divided in opinion.
There is a Moncrieff party-Lady Nor.
daunt was a Moncrief, and her father,
Sir Thomas Monerieff, was made her
guardian for the purpose of the suit
and Mordaunt party. am afraid the
majority believe that Sir Charles had
good cause for divorce. One, at least,
of the correspondents failed to appear
to deny the charge Of adultery with Lady
Mordaunt and at least one other person
implicated, who did appear, is thought
to have regarded rather the lady's repu-
tation than his oath. have heard Of
curious conversation that took place at
the time--it was between lady aud gem
tleman at dinner table, so nobody need
skip it in fear of improperly. As they
had Just been introduced, they fell nat
urally upon what was then the most
common topic. Said the lady: II
think it was so plucky Of the Prince to
go into the box and testify as he didI'
" How do you mean plucky2' queried
her companion. Why, he might have
shirked it altogether, instead OF deny
ing" Shirked it, responded the gen:
tleman "shirked what?" Oh, OF
course" was the answer, everybody
believes that he was, you know. An
answer Of which the grammar may be
difficult, but the sense will be mystery
to nobody.