The Clitheroe Case.
.REVIVED BY THE. DEA.TH OF MRS JACKSON. The death of Mrs Jackson, of Clitheroe, which occurred lately from blood-poison-ing following an operation to one of her feet, recalls the famous, abduction case of 189 i, which produced at the time some startling legal decisions affecting the legal rights of husband and wife, and otherwise created - an enormous public interest. "It will be recollected that at Clitheroe, in Lancashire, Mrs Jackson was seized on leaving church, by her husband, and carried away to a house in Blackburn, which was immediately shut up, escape or rescue being effectually prevented, Mr E. H. Jackson had married Miss Hall in 1887, without the knowledge of the relatives of the latter. Immediately after the marriage, on the understanding that after a time she would join him, the husband left for the colonies, whencefor some months he corresponded affectionately with his wife. After about a year, however, the letters written by Mrs Jackson becamecold and distant; and finally, > Hen her husband returned to England, she refused either to live with him or see.him. He, therefore, in July,lßß9), obtained an order for restitution of conjugal rights, which the lady declined to obey. Mr-Jackson then determibed to take measures to enforce the order himself. Much amazer ment was caused by the accounts of the "siege" of the house at Blackburn in whiih Mrs Jackson was confined, the "garrison" obtaining their supplies by m.eans of ropes leb down fronA an upper window. On March 16 a writ of/habeus corpus was applied for by the relatives of Mrs Jackson, but was refused by Mr Justice Gave and Mr Justice Jeune" in the Queen's Bench Division, on the . ground that the detention was not shown to be illegal. Oa the following day, however, the Court: of : Appeal, granted; a writ; obliging Mr Jackson' tp : produca' Jils'wife and to show cause Her detention. On the 19th the case, came .before the Court, consisting of ths Lord Chancellor (Halsbury), Lord Esheri .Master of.the Rolls, and Lord Justice Fryi lbwas'shownthat'Mrß"Jackson : had : 'been treated with kindness and •her,- only, complaint •belngiithat her husband had "rudely taken off .her bonnet and-thrown it lnto the -fire." However, i after a' privite* interview with the -lady; I the Court unanimously' decided thaVshe [.must be set at liberty, the 'Lord !Chancel- | lor remarking that any further attempt by t the husband to_ exercise his supposed I'power would bo treated as a sorlous contempt of court. - It had, been , ascertained i-that she retused to raturn toher husband ! entirely'of~ her .own :freo:twill, and r rthe -Court laid-down that hor husband had no right to carry out the order for reatitutlon
of- conjugal-rights, which, -therefore, beca'tiie a' meaningless phrase," since by an Act of 1884 the Courts had been deprived of the "power to'compel such restitution. Mrs Jaskson was a lady of Independent means, and, was patroness of the living of Clithcroe.
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Bibliographic details
Oamaru Mail, Volume XXIII, Issue 7213, 18 May 1898, Page 4
Word Count
483The Clitheroe Case. Oamaru Mail, Volume XXIII, Issue 7213, 18 May 1898, Page 4
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