fessions they occupied the Court three quarters of an hour with legal arguments. Mr. Dickens contended that the prosecutrix was not married at all; it did not signify he said whether the woman thought she was married or not, or what conclusion she drew in law; she might have thought her children were legally born, but there were Irish acts of Parliament that rendered the marri age (if what she stated was true, and he thought should be taken as such) void without any process or judgment of law. den v. Mr. Dickens cited in support of his arguments the 19 of G. III. ch. 13. and the 33 of G. III. chap 21. (both acts he said were unrepeated), and the cases of StanStanden, to show that she could invalidate her own marri. age, for in that case a witness had done so by swearing that the bands were not lawfully published. Mr. Dickens contended that if she were married, her evidence might still be taken, and in support cited the case of Turner versus Wakefields, in that case, he said, after strenuous opposition by counsel she was permitted to give evidence, the marriage was legal and valid, for it could only be dissolved by a private Act of Parliament, what gentlemen at the bar call omnipotent. Sir John Franks said it, was admitted as a general rule, that a husband and wife could not be admitted as an evidence against each other on account of the identity of interest, besides, said his Lordship, it would lead to an exposure in most cases of facts which should never be permitted to obtain publicity, and it ought in all cases, if possible, to be avoided, for the sake of peace and harmony. Where violence is offered to a wife, the law allows her to give evidence against her husband, as in the case of Lord Audley, but here, said his Lordship, there is no complaint of personal vio lence or force. His Lordship went into the argument of counsel, and said, he did not consider that the present case came within the exceptions to the rule. The ques tions, his Lordship said, was in point of fact, whether the witness was or was not to be considered the wife of the prisoner Monaghan; to try so serious a question in a Court not legally authorised would, said his Lordship, be assuming a right not granted to me, but such a trial would involve a question of greater importance than it would seem, it might effect the legitimacy of the infant in its cradle and perhaps the child yet unborn. His Lordship in conclu, ding, cited several legal authorities in support of his opinion, and said, he had no doubt the evidence of the prosecutrix could not be legally admitted. His Lordship called on the Counsel for the prosecution to produce other witnesses. Mr. Dickens then stated that though he had several witnesses to call against Captain Greville, he had but three against Monaghan, one Captain Hutchinson was beyond Delhi, the other Mrs. Hutchinson was in England, and the last was the prosecutrix, he said as one person could not be convicted of a conspiracy, he thought would be unjust towards Captain Greville, to call any witnesses. He said, feeling convincced, that his Lordship's decision was wrong, he would apply to the Court his permission to appeal under the Charter. Mr. Dickens said he would beg to put in two objections to his Lordship's decision: 1st. That the witness had proved on the voir dire facts, which show that the marriage was illegal according to the laws of her domicile and native country Ireland. 2nd. That she would be a competent witness even if she were married not merely de facto but de jure. His Lordship said, that if it rested with him alone, he would immediately allow the appeal to be made, so that his judgment might be corrected if wrong; the other Judges he said should be consulted. His Lordship complimented the Counsel on the ability with which they argued a case of such importance, he said he was bound to come to the decision he had as his mind was made up on the point of law. The Jury by direction of the learned Judge, no evidence appearing to save the prosecutrix, who was rejected on the voir dire, brought in verdict of NOT GUILTY.— Hurk. April 26. a Nicholas De Monte was brought up when His Lordship the Chief Justice addressed him in nearly the following words: Nicholas De Monte, you were indicted for the wilful murder of Francisco DeCruz, the Jury by finding a verdict of Manslaughter, have thought that it was not with feelings of cold and deliberate malice, that you committed that crime, and far be it from me to throw any doubt on their judgement; I approve of their verdict, but at the same time it must be remembered that the deceased died in consequence of a wound in the back inflicted by you. It never can depart from your mind that you have been the guilty cause of the death of an innocent individual, the act of itself shows that you were a man of violent disposition; you ought to be thankful that the remainder of your life is spared, that you may employ it in repenting of the crime you have committed. The sentence of the Court is that you be confined during the period of 2 years in the Grea' Jail of Calcutta, and at the end of that time give security yourself in One Thousand Rupees, and two sureties in Five Hundred Rupees each, to keep the peace to all His Majesty's subjects for the period of 7 years. Ghazee for burglary and robbery in the house of Mr. Linton, was sentenced to be transported for 14 years. Moosdeen for robbery in the house of Captain Biden, to be transported for 7 years. Turrufdy Mootyn for stealing five pieces of Madras Long Cloth, to be imprisoned and kept to hard labour for 2 years. Note knowing it to be forged, to Meer Jaun for passing a Bank be transported for 7 years. Golumnube for stealing a Bank · Note of 500 Sa. Rs. to be imprisoned and kept to hard labour for 2 years. Bissonot to be tranported for the period of 7 years. The following prisoners convicted on the 21st Instant, before Sir John Franks, of a conspiracy against Daud Ally, were brought up and after a suitable address from the Chief Justice received the following sentences: Mootee, Kurrim Oola Rungraiz Soortee Khan, Sheoraj, Salluram Pahry, Anunchunder Dutt, Golaum Kauder Jemadar and Gungaram, to be imprisoned for the space of one year in the Great Jail of Calcutta, and Durrum Sing Kuppoor Shaw, Jooga Daby and Moolany Momud Alley, to be imprisoned for one. year, and at the end of that time pay a fine of 1000 Sicca Rupees, or be further confined till such sum shall be discharged.-Hurk. April 29. BIRTHS. At Calcutta. on the 29th December, Mrs T Hunter, of a son. At Calcutta, on the 1st January, Louiza Daniel, the Wife of Mr Charles Daniel, of a Son. At Calcutta, on the 1st January, Louiza, the Wife of Edward George Mann, of a Son. At Calcutta, on the 25th December, Mrs Ingels, of a Daughter. At ( alcutta, on the 25th December, Mrs W J Bampton. of a Son. Atalcutta, on the 26th December, Mrs GA Popham. of a Daughter. AtChandernagore, on the 24th December, Mrs Margaret McLean, of a Son. At Bombay, on the 7th December, at Prospect Lodge, the Lady of Cap. tain Humphrey Lyons, of a Daughter. ecember, At Calcutta, on the 10th Mrs Charles Gardener, of a Daughter. At Calcutta, on the 29th Dec the Wife of Mr Edward Webb, of a ton. the 3d January, At Calcutta, on Mrs Johnchorn, of a Son. At Calcutta, on the 6th January, the Lady of Major Swinhoe, of a Daugh ter. At Calcutta, on the 6th January, Mrs John Buckland, of a still-born Female infant. At Calcutta, on the 6 h January, the Lady of F Harris, Eq of a Daughter. At Calcutta, on the 6th January, the A Saugor, on the 27th December, the Lady of Captain Thomas Marshall, of a Son. At Buxar, on the 29th December, the Lady of Captain Stuart Corbett, of a Son. At Agra, on the 25th October, the Lady of Captain Botton. of a Daughter. At Arrah, Zillah Shahabad, on the 26th December, Mrs John Birmingham, of a Son. At St Thomas's Mount, Madras, on the 21st December, the Wife of Riding Master Serjeant G Bird, of a Daughter. At Fort St George, Madras, on the 17th December, the Lady of J Henderson, Esq M D of a Son and Heir. At Bellary, on the 11th December, the Lady of Major Marrett, of a Daugh ter. At Poonah, on the 11th December, the Lady of Lieutenant Thomas Probyn, of a Daughter. At Calcutta, on the 16th January, Mrs C Heritage, of a Son. At Fairlie Place, Calcutta, on the 17th January, the Lady of John Allan, Esq of a Son. At Calcutta, on the 16th January, the Lady of William Ainslie, of a Daughter. At Calcutta, on the 16th January, the Lady of James Weir Hogg, Esq of a Daughter. At Calcutta, on the 12th January, Margaret, Wife of Mr S Girling, of a Daughter. At ( alcutta, on the 14th January, the Lady of AD Kemp, Esq of a Son. At Berhampore, on the 5th January, the Wife of Robert isell, Esq of a Son and Heir. At Moradabad, on the 27th Novem ber, the Lady of the late Captain Turner, of a Daughter. At Camp Jagsee, on the 2 d December, the Wife of Mir W E Check, of a Daughter. At Dharwar, on the 21st December, the Lady of Captain Welland, of a Daughter. At St Thomas's Mount, Madras, on the 25th December, the Wife of Serjeant Instructor W Perkins Wood. bridge. of a Son. At Gwalior, on the 3d December, the Lady of Major Josial Stewart, of a Daughter. At Rutnagherry, on the 18th December, the Lady of Lieut McGillivray, of a Daughter. At Calcutta, on the 19th January, Mrs Thomas Brown, of a Daughter. At Barrackpore, on the 16th Ja nuary, the Lady of Lieut Col William Swinton, of a Daughter. At Bareilly, on the 7th January, the Lady of James Johnstone, Esq MD of a Son. At Dum-Dum, on the 23d January, the Lady of the Revd A Macpher son, of a Son. At Moradabad, on the 1st December last. the Lady of Thomas Jonnoc hy. Esq of a Daughter. At Ghazeepore, on the 23d December, the Wife of Mr J Campier, of a Daughter. At Madras, on the 17th January, the Lady of Thomas Moore Lane, Esq of a Daughter. At Vellore, on the 31st December, Mrs Macleod, the Lady of Captain W Macleod, of a Daughter. At Vellore, on the 17th December, the Lady of Lieutenant and Adjutant George Wright, of a Daughter. At Bangalore, on the 1st January, the Lady of Lieut J Smith, of a Son. At Arnee. on the 3d January, the Lady of Lieutenant and Paymaster W Cotton, of a Daughter. At Macao, on the 17th November, the Lady of Captain Oaks, of the ship Isabella Robertson, of a Son. At Dharwar, on the 21st December, the Lady of Captain Fred Welland, of a Daughter. At Bourbon, on the 20th October last, the Wife of Captain Henry W Beyts, of the Grab Bark Shah Byram gore, of a Daughter. At Calcutta, on the 28th January, the Lady of R Saunders Esq of a Son. At Calcutta, on the 23d January, the Lady of COman, Esq of a Sou. At Calcutta, on the 26th January, Mrs A G Balfour, of a Son. At Calcutta, on the 26th January, Mrs Joseph Gonsalves, of a Son. At Dinapore, on the 21st January, the Lady of Charles Ridge, Esq of a Daughter. At Banda, on the 12th January, the Lady of Captain John Hall, of a son. At Agra, on the 10th January, Mrs Maria Leopold, of a Daughter. At Bangalore, on the 8th January, the Lady of Major Harris, of a Daugh ter. At Agra, on the 12th January, Mrs FR Cock, of a Son. At Quilon, on the 11th January, the Lady of Lieutenant Hope Smith, of a Daughter. At Bombay, on the 3d January, the Lady of Lieut Moresby, of a Son. At Matoonghat, on the 5th January, the Wife of Mr Sub-Conductor Archer, of a Daughter. At Calcutta, on the 8th February, the Lady of J M Seppings, Esq of a Daughter. At Calcutta, on the 1st February, the Lady of Lieut Joseph Corfield, of a Daughter. At Calcutta, on the 3d February, the Lady of J Bridgenell, Esq of a Son. At Fort William, on the 5th Feb the Wife of Serjeant Major Leach, of a Daughter. At Calcutta, on the 28th January, Mrs John Cornelius Hoff, of a Son. At Calcutta, on the 31st January, the Lady of Jas Dorin, Esq of a Son. At Chowringhee, on the 1st Feb the Lady of Major Fendall, of a Son. At Benares, on the 23d January, the Lady of Captain J Taylor, of a Son. At Sholapoor on the 3d January, the Lady of G H Thomas, Esq of a Son. At Madras, on the 18th Jenuary, the Lady of Major Sydney Cotton, of a still born Child. At Trichinopoly, on the 15th Ja nuary, the Lady of Henry Dickinson, Esq of a Daughter. At Poona, on the 5th January, the Lady of John Warden, Esq of a Son. At Madras, on the 16th January, the Lady of Lieut Henry Lee, of a Daugh ter. At Vizagapatam, on the 16th Jang. ary, the Wife of Mr Assistant Apothe cary John Jones, of a Son. At Mhow, on the 18th December, the Lady of Captain G W Blachley, of a Daughter At Ahmednuggur, on the 10th Janu ary, the Lady of Captain Soppit, of a Daughter. At Bombay, on the 16th January, the Wife of Mr Pompon Stevens, of a Daughter. At Calcutta, on the 5th February, the Lady of P Turnbull, Esq of a Son. At Calcutta, on the 10th February, Mrs Robert Jacob, of a Daughter. At Calcutta, on the 11th February, Mrs Elizabeth Mann, of a Daughter. At Chowringhee, on the 11th Feb the Lady of Major Wm Dunlop, of a Daughter. At Neemuch, on the 27th January, the Lady of Lieut Edward M Blan, of a Son. At Madras, on the 19th January, (at Cluny on the Neelgherry Hills,) the Lady of John Carnac Morris, Esq of a Daughter. At Seringapatam, on the 24th Ja nuary, Mrs Jane Dally, of a Son. At St Thome, Madras, on the 16th January, Mrs G P Lamoury, of a Daughter. At Bombay, on the 11th January, the Lady of Major W H Sykes, of a Son. At Bankote, on the 13th January, the Lady of the Rev Alexander Craw. ford, of a Son. At Byculla, on the the Lady of Captain P Daughter. 19th January, Maughan, of a At Bombay, on the 21st January, the Lady of Lieut-Colonel Whish, of a Son. At Colombo, on the 17th January, the Wife of Mr D A Estrop, of a Son. At Calcutta, on the 18th February, Mrs J Castello, of a Son At Calcutta, on the 1-th February, Mrs Ann Thompson, of a Daughter. At Calcutta, on the 10th February, the Wife of Mr Richard Wall, of a Daughter. At Calcutta, on the 13th February, Mrs T P Whittenberry, of a Daugh ter. At Calcutta, on the 14th February. the Lady of Theodore Dickens, Esq of a Son. At Calcutta, on the 18th February, Mrs I D'Santo, of a Son. At Calcutta, on the 20th February, Mrs Robert Strickland, of a Son. At (howringhee, on the 18th February the Lady of Major Irwin Maling, of a Daughter. At Chowringhee, on the 30th January, the Lady of George Hamilton, Esq of a Son. At Chandernagore, on the 13th Feb ruary, Mrs Lisse Férron, of twin Daughters. At Chinsurab, on the 16th February, the Lady of the Rev Mr Lacriox, of a Son. At Banjettie, Moorshedabad, on the 20th February, the Lady of AC Maclean, Esq of a Son. At Muttra, on the 2d February, the Lady of Lieut and AJjt J Gray, of a Daughter. At Agra, on the 1st February, the Lady of George Skipton, Esq of a Son. At Grah. on the 17th January, the Lady of Welby Jackson, Esq of a Daughter. At Secunderabad, on the 26th January, the Lady of Lieut-Col Parlby, of a Daughter. At Madras, on the 4th February, the Lady of Major Hitchins, of a Son. At Quilon, on the 26th January, the Lady of the Rev F Spring, of a Daugh ter. At St Thomas's Mount, Madras, on the 5th February, the Wife of Laboratory Serjeant R Thompson, of a Son. At Bombay, on the 28th January, the Lady of Edward Grant, Esq of a a Daughter. At the Esplanade, on the 29th January, the Lady of Lieut Edward Marsh, of a Son. At Fort William, on the 28th February, the Lady of Captain Greville, of a Daughter. At Calcutta, on the 21st February, the Lady of P M Wynch, Esq of a Son. At Futtyghur, on the 31st January, the Lady of Lieut-Colonel J Simpson, of a Daughter. At Patna, on the 18th February, Mrs James Radcliffe, of a Daughter. At Madras, on the 25th January, the Lady of Charles Guichard, Esq of a Son. At Hasting's Place, Chowringhee, on the 7th March, the Lady of G Wood, Esq of a Son. At Chowringhee, on the 7th March, the Lady of J Minchin, Esq of a Daughter. At Chowringhee, on the 3d March, the Lady of James Pattle, Esq of a Daughter. At Chowringhee, on the 1st Feb. ruary, the Lady of S Frazer, Esq of a Son. At Saugor, on the 21st February, the Lady of Captain Farrington, of a Son. At Howrah, on the 28th February, Mrs Crawley, of a still-born Girl. At Burreesal, on the 28th February, Mrs C S Brown, of a Daughter. At Benares, on the 6th February, the Lady of Lieutenant and Adjutant Jas Hay, of a Son. At Furreedpore, on the 5th March, the Lady of C Cardew, Esq of a Daugh ter. At Dharwar, on the 31st January, Mrs Mary Malvery, of a Daughter. At Colabah, on the 13th February, the Lady of David Seton, Esq of a Son. At Bhewndy, on the 6th February, the Lady of Major Roome, of a Son. At Byculla, on the 5th February, Mrs John Harrison, of a Son. At Calcutta, on the 12th March, the Lady of James Ar Walker, Esq of a Son. At Calcutta, on the 11th March, Mrs William Gray, of a Daughter. At Calcutta, on the 11th March, the Lady of Captain William Clifton, of a Daughter. At Calcutta, on the 24th February, the Lady of Capt William Clark, of a Daughter. At Calcutta, on the 7th March, the Lady of M McKenzie, Esq of a Son. QQ |