Star. — London, England, 1816-02-17 00:00:00

, • .. • ".F; ~~ . ~ :,. . '4 . • . • • nf - August. by vent inbreed b be d onotition from an Evening P ape r, whkh niodified some of the assertions before. made, which, however .* the. &fen ,dant contradicted by pretending to bem the secret, .pod to explain the' whole relation by. observations Span the local situation of Brussels la Itnotber pa. ragraph, tbe lady, who was supposed to be guilty , was distinctly pointed at a for it was observed that a very 644401 woman.' of Trish - .ectractleop was said to be a party in the amour.: et Brussels. Which hid mods •o Mori; noise oo *ls Continent." By 9•••• 'Moos publications the chabs.of tnaligneht ale o.satio o was coMforted ; in the first the public ap. ate fat ecindel was etched, and in the rest it was. fed almost to .repletion • the poisoned shaft tics— lumpy bad been drawn home in the first, directed in the second, and bulls the heart of innocence and beauty in tbi last. These was no mad More friendly to the liberty - of the press than the Learned Seism, OA no Mime could be more detestable than. for the' elf goils• to play the cold-blooded assassin Of don—errors ljht be committed. but nil ij# gjdais &pita, should be the universal Mb Fni t tthe _ publishers of newspapers . Mr. Salome' his address by an appal to the Jury upon "gerat damages, which. though the object of ftWas far Trout pecuniary, he hoped would he each as tai Mark their strong sense of the donee° ate unspotted pnrity of Lady FrancesWeb ldr. Henry Lord put In .an affidavit troth the Steep 015cei proving the defendant and a Mr. C:, Veen to be proprietors of The St. dawn': ChrenkJe. Ilso produced the newspapers from which At 111berwies read. . The Mkt* of Itiehmond, who sat on the bench with hie Lordship, deposed, that be was at Brussels with the Dacitess and hi, levee. daughters, in the early pert orjels. He and his family were well acquainted with Mn Webster and his lady, and; when 'Mr. Webster went to England, Lady Frances astired to the house of Lord Mtnorris. The Duke of Wellington came to Brussels soots time previous ,to thetattle of Waterloo, and the Wee of Itichntind being intimately acquainted whit him, iovit'd *no to dinner, and requested Lady Frances Webster to meet him. considering her a lady of angularly ami able and decorous manners. In all probability obis was the first time the Duke °Wellington bad been introduced to Lady Frances, who was in the constant habit of visiting the family of the Duke of Rich mond, who, as well as the Duchess, was of opinion that no lady of their acquaintance was more fit CO be intrusted with the care of their =married daughters. The witness had read the libels when at Paris, where they were ant shewn him, bat he had not in conse quence lessened the intimacy between his daughters and Lady Frances Webster. To a question from Mr. Serjeant Vaughan, also for the plaudit, his Grace answered, that while the Duchess of Wellington was at Paris, Lady F. Webster had been mach in she company of her Grace. Mr. Serjeant Rouse, who was with Mr. fierjeatet Luis, for the defendant, cross-eiamined the Duke Of Richmond as to the fact of his having seen Va.& Jassees arsaisk at Paris; to whichhis Grace an. swered is the affirmative, and that the libels were inserted. • Mr. Serjeant Beer then proposed to call the Rev. George Griffin, and an • Aide.de.Camp of the Duke of Wellington, to themes, facts; bat the Chieflus. rice held it unnecessary, Mr. Serjeant Lens haying said that he did not for a moment mean to cast any imputation upon the character or conduct of Lady Frances Webster. The plaintiff% ease was, therefore, Isere closed. Mr. Serjeant Lases, in addressing the Jury for the defendant, observed, that it was not merely the dis. cretion of an advocate, but the express desire of his client, that had excluded any justification from the record ; fur as soon as be was made acquainted with the error into which he had fallen, he had been anxious to make every possible reparation for the in jury. Undoubtedly, the character of Lady Frances Webster was far above the reach of calumny, and all attempts to assail it must be ineffectual, and must draw down their own punishment : he regretted, however, that his Learned Friend had, somewhat unfairly, brought into the scale, which the damages . of the Jury were to outweigh, the character of an il lustrious Duke, whose name would be revered, and whose achievements would be admired, as long as history was read. If the Duke of Wellington con ceived he had any thing to complain of, be was fully competent to his own vindication; and he therefore entmted the Jury to lay out of the cue matters that were extraneous, and which could only tend , impro. perly to swell the damages. The defendant had no justification to male, and scarcely an excuse to offer; but be hoped his offence would not be considered so aggravated, when it was recollected that he was the mere copier of these paragraphs, which had first been published in other newspapers : his was a different case from that of a person whose inventive malignity had voluoteered to inflict deep and incurable wounds. The real and only question for the Jury was the amount of damages; and he (Mr. Serjeant Lens) could not help thinking that th e o bj eet of vindication of character would have been better a ttained by in- 1 dktment than by an action for pecuniary compensa tion. As it was reduced, however, to a question of damps, it was necessary to inquire what injury the plaintiffend his lady bad sustainedf for that was the only measure of the verdict., There was an obvioos distinction between the case of a married and a single lhand ady ;mk act i n in o t -one meatus and open in which atal ur vindicatorwasa Mr. Webster ha proceeded—while in the other the utiprotected-fanele was left sometimes without the means of disproving the base calumny, and compel led to leave the work of iedreu to the oblivious hand of Time, and to be contend to be forgotten, since it was impossible that she should be vindicated.— When justice was demanded in such a case, the da mages ought to be much more heavy than in one like the present, where the acknowledgment of , the libel was in acq uittal from the unfounded- c h ar . The Learned Serjeant for the plaintiff had truly said, that pecuniary compensation was out of the question. The plaintiff despised all consideration of damages,, and only required complete and unqualified vindica tion. That vindication had now been obtained; the unjustifiable paragraphs bad , been refuted by the acknowledgments of 411 parties; and it seemed there fore to Mr. Serjeant Lens that the 'tannest damages • would effect the purpose of the plaintiff as well as the Largest. Mailer all ilicciscuatstanses, he kit the case .r-11.1:. -1.- NCE. - . • L4IP INTALLIGL . INTER F.STING COURT OF COMMON PLEAS, FEBRUARY arauvran eh BAtAWIN. ThikapS an action brought by Mr. "iVaomutaunn WEastkirend Canotima FILANCIta, his wife, to re cover ofoifeees tor a Series of libels, imputing to LsidyWrefersit a criminal intercourse with the Doke of WZLLINGTON, which libels appeared in Po St. Awn': Chrseirle, a Newspaper of which . the Defen dant is proprietor. •Mr. Serjeant Best said, that, long as be had tied at the bar, he rose to state the case on th* pert of the plaintiff with much anxiety, not Milting kens the didienity, brit from the importance, bf.the trust reposed in him.. The.plaintiff was-a gentleman of rank and fortune; who not.long since had honoured his family by a matrimonial Milani* with the dliz r h; 1.. r of the Earl of Moantnorels—a Lady who, • and since; had borne an nilblimishedchatneter, tuldl the defendant had thought fit to taint it with' the - malignant breath of a libeller. Fdr such an offence there were two modes of proceeding—by indictment and by action: in the former, no proof of thlf truth of his assertions would be of avail to the defendant in thelatter, a justification might be put bpon the record, by which the defendant would be ldleAed to enter into die whole case, and to establith -by evi dence every fact stated in the libel. The litter course had been adopted by Mr. Webster, tbcrehl inviting investigation, mid challenging the defsisdant to bring forward the testimony, it tudeed any exist , ad, inr which he had ventured to appear as apublic calumniator. In the early part of the last year, among the many persons of rank who visited Brus sels, were the plaintiff and his lady, with the Earl of Mountnorris, the father of the latter, and his untimr tied daughter. While they were there resident,' soon after the battle of Waterloo, the defendant in his "newspAper had published several ,•sumesave pare. graphs, sn which be more than insinuated that a oi l:mild intercourse had taken place between, the Duke of Wellington and Lady Frances Webster, when the fact was, that, during the whole time the Noble Duke was at Brussels, he had never been is 'army with Lady Frances without the presence of a third wrson. Same time before the battle of Waterloo, Mr. Webster had occasion to come to England upon business; and his Lady, during his absence, took up her residence with her father, the Earl of Mount. Dorris. Atter. the battle of Waterloo, which gave the last blow to the power of Bonaparte, the Noble Earl proceeded to Paris for the education of his un married daughter, and Mr. Webster returned, to Brussels, just in time to accompany his wife aad his ambit relative. The libel is question referred to a period shortly antecedent, and almost immediately eub.:equent, to the last splendid victory obtained by she ethics. There was one circumstance, in this case of peculiar aggrivacion—that, at the very time when this adultery was charged, Lady Frances Webster WAS actually two months of her confinement ; one of the Ist persons, on this and all other accounts, to be mute the .abject of imputation. The other objat o' this attack might be considered equally un-• assailable; but the defendant, in the true spirit of a mai pant in envy of that exalted character who town red about his species, had endeavoured to redtce all men to his own ungraded Wel, The Duke of Wellington, however, mightaAridirdeseise suzli despizat,le attempts—who, sit . l llpaas re garded as the Sav;,nir art Earupe, atarrsAbateatest Commander of guy a l p: and country, mirk look e f ty to by Corastend-rn as the tutelar Saint of the Mural world. The fir,[ part of the libel was con t tined in the defen JAM'S thettrweper tench was 12 üb lii‘,e3 on the 34 of August, and purported to contain the news from the lit of that month. Here only a distsat lint! wan given, which the defendant intended uttcrwatds 'o follow up and explain. It was in these ternis :—" it was saiti at Brussels, that when the D.ike of Wellington returned, after the battle of iik'verloo, to visit the wounded, perhaps a wounded heart was meant—a word to the wise." The impu tation was, that the Doke of Wellington, instead of returning to Brussels to compassionate his fellow. soldiers, who had fought and Wed. by his side, and to attend to their rants, had visited it only for the purpose of indulging in an adulterous intercourse.— in the paper next published on the sth of August, the system of calumny was porstial by some mise rable doggrel verses in allusion to the former pore graph. • 'his purported to be dated from Brussels, in order to convey the idea that they were written by an eye.wittess. In the tem, W there's a charm half divine— War, Waterloo, Wellington, Weilderburn, Webetei, and whoa: To this was subjoined another paragraph, connected' In allusion, though not iii locality, in which it was said, " that the cessation of warfare had in Paris enabled scaddel to resume her usual influence; that a report was very prevalent in the first Parisian cir cles, that a dis-mgoished commander had Willett• dered himself captive to the beautiful wife of ttti inilitaty Officer of high rank." The latter assertion was a mistake of the defendant, irbe 'peered to be boils Editok and Proprietneetil ie James Clatosicle ; for Mr. Webster, tisomn he had been in the army, had long quitted it, and bad sever any high rank. The Mel added, that "in conse quence of the interest excited upon this abject, an investigatioa of the event was indispensable; but it was to be hoped that it was nothing taut* than a tub of malevoleace t" . and hi added, that the amour had cats) place at Brussels, and not at Paris ' s day °, two previous to the battle of Waterloo; . that the da mages:were estimated *at 4150,000, which the fortu nate lover had offered to pay,' but which the injured patty, whether because the matter was too publicly known, or from acute sensibility refused to accept, not iiintent to wear gilded borne." No doubt, ob. Served the Learned Serjeant, thy Noble Duke, with the eyes of Europe fixed upon him, would milk' ly have sacrificed his whole fiwtane I. have concealed It, had he been guilty of such as offence. The pa. ragraph, its a tn . ost flippant tom, proceeded to state, that the " Per sian hosbanda were astonished at this. conduct, winch they ridiculed as a, strange English prejudice, and that each of them wished that he had brad the std fortune to here netted his V en u s w i t h such a Mars; and that an orderly Serjeant did the duty gederally performed by a prying chambermaid, and that b• would, be the principal whims. on • the trial." This most unfounded, and in some respects, preposterous statement, wee followed up, on t h e Bth . • . ~ in the Nadi of the iury, and should be satisfied with' `their verditt, whatever might be the erent. Lord Chief Justice Gums repeated with minute. ness, all the circumstances of the case in his summing up to the Jury, desiring the Jury to lay but of theit consideration all matters not immediately connected with the case, more particularly what had been slid tegarding the injury sustained' by the Duke of Wel lington. • The plaintiff had only a right to compeh sation for the damage sustained 'by himself and his wife for the imputation, admitted to be.without four dation. If the damages to be given were small, as had been suggested by the Learned Serjeant for the • defendant, such a verdict might lead to an opinion in future that the cue of the plaintiff had not been fully proved, and that the defendant had shewn on the trial some reaion to lessen the compensation. The whole case was before the Jury, and they were the only com petent judges of the question left to them. The Jury retired for half an hour, and then re turned to Court with a verdict for the plaintiff—Da mages Too Mowed COURT OF KING'S BENCH, FEBRUARY is. WILD V. TIM GAS LIGHT COMPANY. This was an action brought by the plaintiff, a clerk in a mercantile house in the City, to recover a compensation in damages for an injury sustained by him, in consequence of the negligence of the defen dants servants, who, in excavating -the earth, in the Strand, for the purpose of laying &wn gas pipes, so obstructed the road as to occasion the overturning of the tplaiotiff's dig, by which e a valuable horse was rendered- unserviceable. The dart', under the direction of Lord Et.,t strao. moon, who was o( opinion that the defendants had not done what was necessary to protect the King's :objects from accidents, found a verdict for the plain tiff—Damages £9O. OLD BAILEY. Thursday John Oats. aged 21, and John Martha /i, aged 90, were found guilty of burglariously breaking and entering the .dwelling house of Philip Palmer, on the Sd .of February inst. and stealing therein a quantity of leather.—Deatb. Jaw fratkas was indicted for assaulting John Yeates on the King's highway, putting him in fear, end taking from his person a watch, seals, etc.—lt appeired that on the 2Sd of January last, the prose cutor was going along Holles-street, into Cavendish. squat*, when a man ran violently against him, but immediately begged his pardon. In a moment after, however, having recovered his surprise, he missed his watch. He immediately gave an alarm, and the prisoner being pursued was afterwards taken. The prisoner was found Guilty, but not of the capital offence. • Richard Gilmore, aged 19, and John Hall, aged 20, were found guilty of burglariously breaking and en tering the dwelling house of Moses Davis, on the sth of February, in Gray's Inn-lane, and stealing from thence a silk shawl and other articles.—Death. Benjamin Jesse, an Italian seaman, was found guilty of stealing, from the person of Thomas Donaldson, on the I lth inst. in the parish of St. Catherine, one watch, a gold chain, seal, and key. Yesterday Sarah Pantos stood capitally indicted for the wilful murder of her female infant, on the 26th of January. in the parish of Hampstead.—A variety of circumstances, not of a nature to be detAiled, were spoken to by several witnesses, but the prosecution seemed principally to rest upon a confession said to, have been made by the prisoner, under a promise that it should be better for her if she would confess. A confession, however, under such circumstances, the humane and Learned Judge (Sir SIMON La BLANC) ruled could not be received against a prisoner, and' she was acquitted on the charge of murder ; as she was also of that of concealing the birth, which was subsequently preferred aghinst her. N'. Threw was indicted for breaking into the house of W. Marshall, and stealing therein two pieces . of woollen cloth.—Guilty—Death. Said was indicted for stealing a counterpane, and other articles, in the dwelling house of S. Cole. Guilty—Death. J. Crow and D. alias /X BaN were indicted for breaking and entering the house of T. Lee, of Cha ring Cross, and stealing an umbrella, value Guilty—Death. The following were also capitally convicted, viz. Ann Smith, for stealing a piece of gingham, the pro perty of W. T. Bannister, privately in his shop ; J. Smith, for breaking and entering the house of S. Dowsing, and stealing a bed and other articles ; J. Fancntt, for stealing a quantity of linen cloth, the property of Messrs. Stubbs and Alehouse ; and T. rawer, for a burglary in the house of G. Solomon.l and stealing a quantity of wearing apparel. - COURT 'Of ANITTN I AT Pnals.--Few criminal trials have been attended with circumstances of so strange a nature, as that which occupied the attention Of the Court, on Monday last : " La tip lash 27 years of age, formerly a Cars. bineer, residing in Rue Mouffetard, had lived with a woman, Gaudret, as her husband. He had no em ployment, and they would have been both in a state of indigence, if the woman had not received presents from an old man, with the knowledge of Leon. This , woman, tired of supporting the younger of her lovers, gave him notice in the month of September last, that if, at the expiration of fifteen days, he did no: obtain the situation he sought' for, he must quit her house. —Leon, to all appearance, received the declaration coldly, but took a desperate resolution. On the 12th of October he rose at six in the morning, leaving the woman in bed. took a hammer, and gave her a violent blow on the temple. Soon after, apprehending that she might recover and alarm the neighbourhood, he completed his crime by strangling his victim. He then took away all the valuable effects, locked the door, and went to hii parents at Lagny, whne be remained till the following day. The Conunisskry of Police afterwards received two letters from Leon, confessing the crime, and stating that he had pre ferred committing this horrible act, rather than be separated Irons a woman whom be loved to distrac tion. He soon after presented hiniself to the mother , of the deceased, who had him apprehended. He declared that he gave all the property he had taken away to the first poor people he met, desiring them to pray for 'the deceased. The Jury found him guilty, and he was condemned to the punishment of cleat . He beard his acatease wilt( the topsoil tranquillity." Y -i tHE sz,.ivr: TR,f bt The Friends of 10ut4.: athf Ha ms neatly entreated to be on their s tud arts which a powerful party .ir, present moment to create in the p. th judice hostile to the cause of A t , press teems with Pamphlets, an I ti peps with Paragraphs, filled with g rtied Misrepresentations of fact, and abuse ee who have taken a forward p art i n the that cause. The object of th ese Pamphlet graphs is sufficiently obviou s : it i s e e without abatement all the dreadftil m ot colonial bondage, and nerliAos ultimate the African Slave Trade. The pub:ie sured that in a short time those &l oft fully developed, and the arts expo se d b now attempted to uph o ld them. i The gallant 42d Regiment of H; rived at Sunderland barracks in di me °, Saturday, Monday, and Tuesday sera march of these brave men has be es . scene of triumph. At Durham, the they marched m, were greeted by tr a subscription was raised, from whi d commissioned officer and private, and received Is. At Houghton -le Sptio ß received with the ringing of bell s , 4/14 were presented with a refreshment if Ali binson the brewer. On Tuesday last, ; of the regiment arrived at South Shie .route from Sunderland to Tyner oath I were greeted in the most enthusiastic en inhabitants, who set the bells a ringin g , men a treat of bread and cheese and ale place. A subscription was immediate] for these brave fellows, which amonntedl The reception which ibis gallant band ! at all the places in their line of march,,, gratifying to their own feelings, as well to the English character. The depot of passed through Newcastle last w..ek, fr to join their brave comrades at Sunder', marched through Gateshead, they were a peal from the bells. Coaorren's INQUEST—Tuesday an Icq at the White Horse, Layton, Essex, is body of Mr. Joint CAVELIER, OW! of street Police Officers, who was killed by from the top of the Layton stage, on the breaking of the fore axletree ; the dec upon his head, his neck was .tislocated,t and he received several other violent ci expired instantaneously. Verdict Acci. —The coach was upset, and dragged a way, but the inside passengers escaped Yesterday another Inquest was held ; the Light Horseman, Orange -court, Leil on the body of a man, who, on Wedi came up to a watchman at Ch sting Cr, of intoxication, and induced Win to tal Martin's watch-house; bat not Is .viag ; give of him, the watch-house-kte ? er ref him in, and he was left in the p.s,age in where, at break of day, he was found a Jury returned the following Vs rdict:— ceased.met his death by the V:sitition ',cfa of opinion s that if he had been p care of, he would have recovered ; an, a remonstrance to the Vestry Board, c: the conduct of the watch-house-keeper. A few days si:lce, the Overseers (If H. tnoned Daniel Collwood, tArr'er, truer name of Dr. Candlebags, for re; u • wife, who had been chargeable to the In castle for several years. The doctor, c before the Magistrate, expressed a susp wife had concealed a considerable ;to Monday the 29th ult. he, accompanies stables and Overseers, proceeded to seal on their entering which, the doctor's wt treme poverty, and declared she had not penny in her possession ; but, on a mi , two boxes, £133. 9s. in specie were lot deposited in several small tin boxes, v rags and paper, and consisting of one guineas, SI half-guineas, one Spanisi Galt-crowns, 537 shillings, and W. sup the habits and miserable appearance of it does not appear that she has ever part of the wealth to her own comfort. COAL MARKET, FEBRUARY Ships at Market. Ships •;old. itsf Newcastle 1183 361. 6d. 91 Sunderland 4 38..91 • COON hIAkKEI'S. Uzesinot, Feb. 15.--Wheat per load XII Barley r per quarter 25s to Otis. Oats Vs to I to us. Old Beans Vs to 34.. Peas SIG to OXIOED, Feb. 15.—Price of the Quarters Le being es. ad per bushel. BIRTH. • February I •, at West Hall, Bath, the Lady of Masters of a daughter. DIED. Sept. f, lo Fort 9t. George, Madras, Alex. 1 tant-kurgoon in the Hon. Company's service. ihuldaks In hit 79th year, James Scully, Esq. tbe comity of Tipperary. 'The Rev. John Brown, many years Pastor it mien at Cumberland-carat Chapel. The Rev. Dr. Griffith, Captain to the Margot IMaror of the Grammar School, War utuuar Little Eke, Soniersit. The Rev. Thomas Core, Vicar of Bradby, lli Sunday Woolen, in Norwich, attar a few d lam, eldest ma of the late Rev. Win. Leach, of Charles Boor, Esq. solicitor and towu clerk of] At Dumfries, the Slet *IL Mrs. Harley, irk E 94. Surgeon. .let Aberdeen, at a very advanced age, Kenni yeerao, who fought in the service of George II bilodew, and during the whole of the German At Hoiebonee of I in - wald, the Sti inst. in the age, Mr. William Unwordie. He sever frk nor was Le ever confined to hod by pain or day precious to W death. Friday senoight, aged 14, George Kirkby, George Kirkby, printer, of Caoterbury. His p alt seriderige and kind mother, who died o eosin% ash hio fW disposition, have in no stm to kis early AbodoOlon. Liody, ot Ihtsitside e at an advanced avi, Cal veteran who, *OW the celebrated siege of C lighted shall oat of the Laboeatary, carried it sot threw it upon the ground, where it exploded. I received a pnoebt is Ramey, and thanks from afterwards Lord Heathfield, the Governor of*, LONDON: Printed by Lava:. Kim; Pie Publidisd them. =Let the Star Ma l Ti .