Star. — London, England, 1816-01-31 00:00:00

IP"' MOIT C - 1 , • - AiiiiinliirdritiCift iiiiiial: • yestertfiiib e 'lnt public AuniftnarY i nner of was att ended by at least 80t:pe rsoas, is Instkotice Free maso ns' Hall. Every preparation *as made • e ffect to a meet in g wbkh bad for its object P on bi es t ye feeling of the heart—charity, and the o l ate pr w et the Meritorious but decayed actor.— the chair intended for his Royal Highness 'b op l e of.Yoan, who bad condescended to preside I the occasion, a bust of Shakespeare was erected ~. a grand pedestal. The bust was stirmounted Pe hue's r G. .R. and behind it appeared cle ats,* drapery, arranged with the best effect. h e Pokes oftoaa, Kent, and Sussex, -Earl Cam . 4 !Ali ERMINE, Lord YARMOUTH , Viscount aterrinT , lied" Pggamaats the Loan Mavott, d o n di s tinguished characters, entered the room „ Re a o'clock. After an excellent dinner, Non no -21 wit performed in.a most effective style by t lirew at ipl focal performers of Covent Garden, u t il e was then drank in silence, Goo save r a g, geese aid chorus, followed. 'he company 11y joined in the Chorus. , 16 His Royal the p r i nce Re ge n t " was given, and drank ro bo a am. “ The Q ueen and Royal Family" a The Army " was the next toast : it Mak njth the loudest plaudits.-:—Glee, " HOW we Av. who soldiers be."— . ,, The Duke of and the Navy" was drank with rapture. oa rlike of Karr said, he had heard the Army *pleasure ; and as he conceived that toast is!litatrious reliiiive, lie 'iholifd give their g l'allillik. ol of Yoix intimated, that be felt the I liglica don to be present at a meeting so fed respectable. Nothing could multi- T orr te the prosperity of the drama than the • is which they were then engaged. To protect al ert tilos* wbo had passed the greater part' PPil r o , lie i r 'ves in the service of the public, was a most undertaking.. His Royal Highness erpressed o p i i i ioa, that all the performers of merit, front o age, were entitled to public protection, * and oz dailed anexcellent speech, by proposing .1 Sucr 0 Actors and Actresse s , -end the Covent Garden • Feed." Th e tout was drank with three times three, amidst 4 . • • •..•. _ . . . . death. ef Mr. Hau l , Ise wu intimately' Anted with its Whirs, . for, the lig seven ars, had Reid Vie annuitinfitheir quarterlyitipend. aline were:mostly very old, and those of them who were not, were disabled by infirMities of body end* mind. Their kllowances varied . frOM £2O to te4.5 Or annum," pot a very splendid pittance" fir those seise-had devotkd their lives to the amusement of their countrymen. These persons were in the most, digressed circtiMstances. It might be thought the, ext;avagance of their youth had caused this pentiry ! in old age. This was not the fact, With few if any exceptions, though respectable actors, in the aenith of their fame they had Dot had it in their power to provide for their deelining - years. Convinzed of the impdrtance of this Institution. be had exerted him self to promote its interests, sad had prevaileskon the AWNS of Covent-garden Theatre to come forward. in conjunction with him, to assist their unhappy bre thren. Of all mankind, an actor was Most the spun of fortune—the creature of fashion—the victim of caprice. No profession required 4 greater combina tion of varied talents and acquirements. In many of the other walks of life, . when men declined in years, their weakened intellects and enfeebkd bodies could be relieved from their accustomed fatigues by the assistance of kind children and dutiful servants. Not so the actor's fate, lie must retain in hirpsefr all the qualifications which first Rind him. to favOtt* , or sick unregretted to obscurity. Consj dering this, he felt all the value of the Theatrical Fund, knowing as he did, that if it had not existed, many yeoman performers who had fallen to decay could have found no relief but in the workhouse or the grave. 4 rising generation came, who, at that period of life when theatrical entertainments most attracted their atten tion, found the st tge encumbered with him who was formerly its ornament. They remembered net the merits of his earlier day ; and instead of overlooking his errors on their account, were &posed roughly to ask why he was suffered to mumble there f After dilating considerably, on these and other topics, he again laboured to impress the importance of the plan now under consideration on the mind; of his hearers, which he hoped would be well sup v erted, to spare the feelings of the veteran actor in the situations he had described, pod *though last, not least, to spare the feelings of those real friends of the Drama, who, if such an institution were not honoured with their countenance, must, at last, see their old favourites, like the high mettled racer, die ounnticed or despised. This speech was frequently interrupted by shouts of universal applause. The Duke of Yon proposed Mr.Fawcetes health, which was drank with three times three. Mr. FAwcxrr returned thanks. 66 The Memory of the Founders" -14 The Proptie. tors of Covent-garden, Theatre"—r" Mr. Coutts l— and is The Stewards," were among the succeeding toasts. 11 - 4 la use. The ice• President: having been drank, The Duke of KIN? said—" in the name of the ti .Presidents, I rise to return thanks; and ill doing 1,1 will only trespass on you a few words, in order l ight it is my duty to do, namely, to recant. ondthh excellent Institution to your favourable in- , aim. is 'be present instance, it is perhaps singu. 'ohm although it was instituted in the year 1765. id &armed in 1766, no anniversary has been cele. mad before this day. It may be asked, Why ?..-: lemma° is, that the subscription to this funi has alsonined to Professional Gentlemen wily : they last wish to call on the Public for support. But i case is now altered : they think they have the Me claim to public suppca as other bodies. It rill suffice, If T say no more than that every well ilsosed and sensible person will support the merit of hose who devote their lives and talent to the public easement, and whether it is in a major or minor spanneot, if their conduct has been laudable, they isequily entitled to support.—i Lead oplalols.) lisreitteittahisisevi much dm 'national character mum promoted by the Drama. It sets before us of honour, integrity, magnanimity, and vir , •,r to gn g lish m en. The promoters of this • ken table hitherto to relieve about 40 fa- I et , t hot the assistance we are to afford this day bite, restore the fund' to a respectable state; theelmbotere will be able to provide for the de ftest the comforts of his life, when he is no this to support himself by his profession."— labttiam,)—His Royal Highness then intima tint the smallest donation would be gladly re . • from the person in moderate circumstances : &Ow considered the man who gave his g 4 i. that being all he could spare, as meritorious a:; the Adlir M'ELLlgemz. seat: who gave 1000 guineas (Loud applause.) 11HERlyrS COURT, JAN Urvlty so, ibesedverted to the elegant females in the &tile. CRIM Cprl. lad riverbed, their hearts were unquestiona'sly UAIIVIY W. UNRER. i to the softer feeling of benevolence ; and he was This was an inquiry to assess the damages in an' alneted they had not attended merely to satisfy action brought by George Frederick Harvey. for . . His Royal Highness was persuaded they meily a Captain in the 13th Hussars, against Pett is,* oek forward for support to this Institution ; tenant Usher, of the 62d Regiment of Foot. for cri. he concluded by drinking' 44 the Health of ail minal conversation with the plaintifra wife. The Ladies . Present."—The Applane 'continued a con- damages were laid at ,1120,000. The defendant suf ble time. fered judgment to go by default. 'The health of the Duke of Sussek" followed. The case was opened by Mr. HOltdpli TWIN. . The Duke of Sussex, alter expressing the interest Mr. D4UNCILY stated it to the Jury, This, he Was took in the gr a nd cause o f t h at d ay , too k t h e li- was an action by which a husband sought compensa-I of repeating the address to the gallery. En- tion for the injury sustained ip the loss of the com. .limed as the company were, their fancy could not' fort and society of a beloved wife. The lady, whose Nob the region of gad:, but he fancied they under- imprudent conduct had caused this action, was the 11 C 4 ,the ?Von of:of/dam/ He trusted - that these daughter of E4rl Cavan, and to the dignity of her i nUat ftri would display their munificence on the birth were united every personal grace and mental PIM occasion, and contsibute to an increase of the acquirement which a woman could be wished to !nos of the Institution of which they were laying posstss. She was young, beautiful. and accomplished. kfloadation. Having humbly addressed theGost- In 4pril 1809, as would appear in evidence, she was he came down to the platform—the present married to Captain Harvey, the plaintiff, ar.4 bad by aged* human life. So respectable a meeting en., him one child, a daughtee, She had been previously ol a certainty of success to the undertaking ; 'and married to a Mr.Wooogate, end had one child by bit* Lle heart felt, he was mire that it would be eagerly which was living at the period of her riecond mar. ,tea .. ded by ".e hand. In the drama every man had riage. It will not be necessary, gentletnen,-(contis IS . tillt, to ptr IV in 3, and the greatest performer kit nued Mr. panacey) that I should oegupy a great' nebted to the humblest servant for Isis service, in deal of your time in stating t!.:: particalaes of this' lu ng him ter display his talents to the best advan. distressing ease ; they are few, *wad aril), I am con 6-, 9 4 and it was enou g h if t h e h um bl est co n tr ibu te d d ent , b e fully and satisfactorily proved to you in evi , the .und to the extent of his talents and the•extent silence. It will appear to you, that from the period his Pane. He fl attere d Natoli that they would of their marriage, up to the moment of chip enforce- I*mate before adding several hundreds. The nate connexion, a period of six years. Captain and hire were, in private as well as in ptiblic life, Lady Ilonora lived together on thcple amicable and :tehareent to their profession. His Royal High.' harinbnious terms in which a man rind wife should then called to their recollection a circumstance Pee; drat this harmony Was never interrupted br any with the history of the august personage serious mazer until the *claimer stepped in and iree health had been drank in respecttulsilence. The trieyably destroyed it. now or when this illicit ac. words be uttered from that throne he had so long quaintance aionmenced the plainti ff is ignorant; in.• °we, that he $ g l or i e d i n b e i ng a Briton borer." deed it Is not upeessary to the present case that this peeved on that occasion that he .felt them, and should appear. The principal acts establishing the 1 ~._ bleu had been taught to pronounce them by one of action were alleged in have been committed on the I ____ ornaments of the profession be had DOW Sil and 23d June last. A wok, appear se the Jury, moist to address (Quin), who feelingly re-1 that Lady Hunora Haryey arrived an ldondon from ial teethe neo as i on —o 'Twas J who taught the I Hastings, on the 25th cif 'May last, on her way to s,j ( "Plakt"— He called upon them, heart and Cheltenham, and that ,in a few days after captain tosPeport the Pranta.--(4Maeui) Harvey arrived pith his child. They went to lodge 0 The Tru stees " fir ' F „ was the succeeding toast. . at the house of a hire. Forge*, at Kensington, from A;yearT returned thank,. • Having been which Captain H. by agreement with his Lady, pro- L le tl by the • partiality of his friends (of which he seeded to Cheltenham to provide apartments, &c: *IP be proud) to Mkt s* pbeis pi the lustittft j litre, Qestsleesen, fconeiened . 1#!•. P aiencey) it s , Mr.liesants and Mr. YOUNG returned thanks. The Duke of Ktryc read a statement of the dunk tions received. In addition to £lO5 given by the Prince Regent, £551. Ws. by the D4ke of York, and NV. ss. by the Duke of Sussex, the sums collected at the dinner were upwsids of £6OO. Tne Duke of y q mc did not retire till near twelve. When he had left the room, the Duke of stat ed his Royal Highness 041 e Duke of York) to have spontaneously anaounctal hits issraoaicirs_ w f r,aridi. at the nest Annual Meeting. , The Duke of tiUSSEX subsequently expressed a wish to have his name placed at the head of the list of Stewards. The Stewards of the day were greatly distinguish ed by their an;iety to accommodate all their nume rous visitors. We never saw these characters actzd better than they were by Messrs. CONWAY, Cnaar.za KessaLs, YOUNG), and Ca MaTuows and Loony sung several Comic Songs, and the harmouy ut the evening was protracted to a late hour, The Duke of yo i t g 's military band ottende4, and added uutch to the hilarity of the evening, 7 -11-7 ..• . , , lo to tlst .defkadant Noah ndtica You *ill find frotYkthe evidence, thit whilst captain Harvey wits at Cheltenham, and as -yet totally un coascloswof the injary aboht in he done him, and not even iuspectipg the impee f fing evil, Lieutenant tither, of the commencement of whose acqqaintance With Lady H. the plaintiff is still ignorant, went to the house of Mr. and Mrs. Seer, Kirby-street, Hat litugawden, This was in Iday. He took lodgings there, and iu a day or two after he came to Mrs. SeTr And told her that he had been privately married to a lady of rank and fortune; that all the lady's Mends were ignorant of their union except her brother, and that he eepected she would come to his lodgings the neat evening. Mrs. Seer, not suspecting any thing amiss, acquiesced, and, as it would appear y her testimony, Licly Donors Harvey-came to her house ,on the 3d at June, where, under the name cf Mr. Usher's tv:fe, she slept that night in the same bed with bim. The next day she went back to Mrs. For. sepia's, sit 4ensington, and from thence proceeded' in a day or two to Clielteuhath with her husbands who bad returned to meet her. She continued with him nntil the 22J of June, when Captain Haraey, l first suspected any thing against his own honour by seeing a strange gentleman in close conversation with her, and the same day she disappeared. 'rum Chel tenham she proceeded in company with Lieutenant Veber 10 Mrs, Seel% in Hatton-garden, where she passed the night of 'the 23d with him. She afterwards was; to the house cif Mrs. Fonaph, and after a short stay there, she returned to Mr. Usher's lodgings, and 'litre was every reasmi to bzlieve that she coati , nein' to live with him up to the day at his arrest on the present action. These are, Gentlemen, (said Mr. panucey) the grounds on which this case rests ; they `will be stein n to belure you by most respectable and impartial witnesses—persons wt.,o, except from ac quaintance, are unconnected with any of the partici. I will not, Gentlemen, as is often practised on ncca-, skies like the present, seek to increase the damages (by making a violent appeal to your passions. You are men of sense aid understanding, acquainted with life; some of you,,' presume., are husbands and fa thers, and you l are, therefore, most competent judges of what the fee Tings of a liesband and lathier must be at, acting himself deprived, in the manner 1 have de. seribed to you, of the wife whose society was so essen tial to his happiness, and of the mother of his dill s ', upon whom there will remain through We a sort of stigma, which, it is self-ivident, it did no: deserve, and equally certain it cannot avert. t will now pro ceed to'examine the witnesses to prove the statement I have made. You will lurm such a judgment of their evidence as the egnscientidus discharge of your duty shall suggest. first witness vas Mr. John Burden, viho proved the registry of th? mairi:ige of Captain and Lady Honora Harvey. They were married on the la of April, 1809; Lady Honora Harvey was then only twentf•two years of age. Mr. William Crespigny prayed, that he was pre sent at the marriage on the day mentiont s He hint self did not altogether approve of the match, nor did he think it was Take pleasing to Lady Honora's friends; however, they 'arterwaids became s and Captain Harvey, who then belonged to the 18th Hussars; was soon appointed Aide-de-Camp to Lord Cavan. Alter their marriage, as far as this witness Captain Haryc7 zn4 his Lad, continued to bye flh' die most affectionate terms. Mr. Charlton is a surgeon, he was an intimate ac quaintance of Captain and Lady Harvey, and war in the constant habit of visiting them ; often five or six times in the day. Lady Haim was a young, beautiful, and accomplished woman ; Captain Har vey appeared a very fond and attentive husband, and thyy seemed_ to live together in great hartriony. Lady Honors possessed a large property, nearly 4900 per anii*, in her own right. This Captain Harvey did net claim on his marriage, but suffered it to con tinua at her dispnsaj, Mrs. Mary forlityth hues it: Kensington, knew Lady Honors Harvey from her infancy, heard of het mars iage with Captain irvey. They fr cqtiently visited at her house, and remained there for some time. She never saw any man and wife live more amicably. Never knew them to qunrrel, or heard that they were in the habit of doing so. Lady Har vey ;acne to her house on the 25th of May last, hum Hastings, op ter way to Cheltenham. Captain flaryey came in a. few days after, and brought his 'child, and proceeded on to Cheltenham to prepare lodgings. etc. After a short delay in Cheltenham, Captain Haryey returned to London, and took Lady Henley with him, and witness did not see her after-, wards until she had heard she AMA at Mr. Usher's. lodgings. . Mrs. E. Seer proved, ,abut Mr. Usher came to ber house in Eirby-street, Hatton, Garden, in the latter, end of May and hired lodgings.. In a day or two after, Lady Honora Harvey came, end witness NM told by Lieutenant Pater, that ibe was a Lady of rank and fortune, whims • he had married privately, and that aone of her friends know of k but her brother, Mrs, Seer believed this, and made no ob 7 jection - to her coming to her house, Lady Honors slept on the night - of the 8d of June, in the same bed, With Lieutenant Usher. She left the Imp the next day, and returned again on Or 234 when Ow slept with Lieutenant Usher as before- Mr. Gubbin proyed that Lady Harvey was in the regular receipt of neaely4Booo loom, which she 'held in her own right. • • Here the plaintiff's case closed. Mr. Serjeant addreSSed the Jury on behalf of the defendant. He said, that in every case of the same nature as that which they bad just heard de, tailed, the great and only question which a Jury had to decide, was, as to this wawa of the damages to be, awarded. He knew that the verdict must, of nets*. sky d be given against* his client; but he trusted be jititald be able p? lay such proofs before the Jury, as *wild convince them that heavy' damages, if, indeed,: any but nominal ones, were not called for by all the circumstances of the present case. To entitle the: plaindr to compensation is; damages for the plea sure andlappines: lost, in being deprived of the so. ciety of his wife, he should have proved that he hod Jost pleasere and happiness, and that he had sot , done •sob any fault of his own. if Has," conti nued the Learned Set ` east, 4 4 the plaintiff done so to support this action 1 lie has, indeed, brought some witnesses; respectable, no doubt, to prove thit he lived in harmony with Lady N.; but, Gentler:nos th," !Oil* was not so intimately fo.P°.,ItSl with 7•:.; hti bit* 0, thei y husband otherwlee disposed to Int ditairteatalt, Irould riot . be. under Wow restraint in their preience. He has not attempted to bring ny Welber of what may be Mimed his I AMII r ercle ;. he has not brought sent domestic, whit, froth his or bee, .situatien, must of necessity be present at t ho s e lintel, and on these occasions when unchecked Li the presenee of a, stranger, a man's real temp r and disposition towards his rawly will he etinced. These witnesses, Gentlemm, tnight 'bah bet n pre. duced if their testimony was not supposed to militate against this mine. I will Gentlemen, if 'my instruc tions are correct, 'oe able to prove to ynti, that Cap. lain end Lady }lntim Hirvey h tve net liv e d i n c ! rw ri l terms fur the last &a years ; that he has niA ir ared her with the kindness of a Fitorrand, and ;hat their life has been a constant scene of qu airel .tn.; (!spti• e. I will chew to you, that so far from tI i nkn, as a husband should; his wife' soar e a source of pie,. sure and happiness, he acted on a direct contrary principle. He suffered her to lemain whale menthe alone at a watering piece, without either visi!ing ate writing to her.". [Here the Learned e:p r i c .. Jit went into a detail of several iastatices of ill-temper orincvd by the plaint; towarale his wile i amon others, :;e meritioned his having frequently gone out vita hers sour: antis to the play. and iiJvir.g scarred her :to return home alone, and of having ince charted her with dressing in a particular manner, in or* to at tract the attention of men.] " These," cni.tiztued the Learned Serjeant, 4g are circumstances which will appear in evidence, and you will draw from them what condission shall to you appear most pr , pet: As to the defendant, you have nut found iu his co duct any of those aggravating circainstinees which so frequently iettend cases of this kind—here .s no l e. doction, no Arts used i—he hot seen Lady Honor 4 Harvey iz 3 stage coach, in which her husharid hatl suffered her to travel unattended, and by one ut those impulses which are not always c.'irect, hilt too hr. vently irresistible; he was struck with her yossal,, beauty, and elegance of manner, he conceived the unfortunate attachment which terminated 41 you haves already heard. And, Geode/nen, he conceived this attachment without knowing whether Lady Harvey was married or !tingle, without any acquait:tate.e whatever with the husband. The defendant, denten, is a young man, he is at that period of I:fe which most of you have passed, but of which lots I still must have a strong recollection; when passion, excited by such an r.lijeet as Lady Harvey, does net take reason for her guide, and acts without regard to consequences. But, gentlemen, you will not visit those consequences, iin4er all the citcurniitances, heavily on my client ;. he has nothing but his pay as a Lieutenant in the Army to support him, and heavy damages would subject .him to itnprisciin,:nit, if tait for lite, at least for ten year:, b.lore !alder Plc present insolvent Act, he could nag tae released from the effec; s of a verdict in such an action as OM pr t sen , . litre the Learned Ser;e4r3 called and exemii,ed— Anne Lane, Saliy Steen, Mary Stone, and Mary Howard, all of wham had been in the service Captain and Lady Harvey, deposed to stverai it,- stances of gross treatment on the psi of the porintii towards his Wife ; th it Lady Har7ey had Iraq lent!, oeizted the bed of Captain Harvey, and clept tv , th each of them, complaining that she could not rema..i with Captain K. in consequence pf his brutal coodq. t • towards her; that these visits to the servants to k iriace at twelve, at two, and even four 044* th course of the night; that s. in:times Capialli Have; • induced or dragged Lady Harvey back bast, while at other times she slept with each of the art vents all night; that Sarah Steen pm Capt. ifirboy seize Lady Harvzy's a-rn $9 tiOlentli in the *peers of Bath, at night. that her Ladyship screatpsd viv the mob, :tweeted by the screen;;, 102 in %Ned **US t., their lodgings. Also, that Captain. U tryey once tore off a lace handkerchief fto:2l 1.441/ Harvey's head at • Southampton that C,firZia Harvey often told hti wife, in w taunting manner, th.tt s4e dressed herse.t on walking (.14, Wit a view ZA. c.ttc4 1 . ;;T:. At eapssl of thie men, to procure admirers ;:seitt he was ireqwmt.7 absent front Lady Harvey fur three tagethk . rr at* pn one of these occasions endeavoured to Mary :;tone to b'44 a corresponder.ee with hint, which she deemed derogatory to the .tote sbe tweed to her mistress, and therefore declined it r' that Capt. Harvey once eypressed 4 sespidion of Lady Hervty'i imprcptr connection with a gr. Hogg, and proposed separation, the articles of which were ordered. Mr. Henry f:oppin, brother-in-law to Loth coursic, deposed, 'that he frequently dined With Cap. tale and Lady Harvey; that they were vet y nathappy, perpetually quarrelling ; that he heard Captain IL; vey say to his Lady, when she asked him to walk out with her, that he would not walk with her its a chess in which she resembled otrollop or woman of the rowo. Mr, Barnard, surgeon, of 4oinhamptnn, deposed, that a separation would have taken ple:ce. between Captain and Lady Harvey in 1811, the soljcstors being insirncted to prepare the articles, it be hail not prevented it, by procuring a reconciliation : in 'my ' other instance, captain . and Lady Harvey, as far as he saw, lived in harmony; he was no; aware he rat ;flowed to speak from hearsay. Mr. Land, of Cox and Greenwood's (Ace ? de r med. that the defendant was a Lieutenant in 04 624 gtegiment, and that he believed be had nq otbee resource. Defendant was with his yegiatert Al the - Continent (tom MA to July, 1314 f, whets retutt. : ed to Eugland, as witness ascertained, by consulting the returns of the Horse Guerds. 'Saw defendant lately in the King's bench prison, where be under stood hint to have been confined for mad ta0,411 back, in consequence of this action. Mr. DAtUIfC.FY replied with great force F. 114; skil;ty, endeavouring to 'hew, that all the dissention proved to have taken place between the plaintiff and his lady, were mere bicketiogs or miffs, which were often found to occur is the married state, without affording pay provocative a; palliation for adultery. Mr. BURICUA),4 recapititlated the evidence, and the Jury, after a very short deliberation, returned a verdict of 41000 damages. LONDON ADJOURIITED SitSfIIQNS. yesterday was heard the Appeal against the cone '.viction of the Gas Light Company, in Dorset - s heer Blackfriars, when, after much legal argument tOr and against die .Company, the Itscothaatt consulted the *oat of Aldermen, sad said it woe tile opinion if the Court, that the nuisance was not dune away,—they allowed, however, that theetin4 eiep not so great al it had been, and gave the Proprietnra three iD99. 015. Wye to Alsace the nuisance altogethat 11