Star. — London, England, 1816-07-01 00:00:00

Wail *We mod his wife had previously lived, wets .s-ground for large damages, he contended that such a ground was here most obvious...He saw a learned brother (Mr. Vaughan) to whose care the cause of 'the defendant was confided, attended by another 4earnee friend (Mr. Serjeant Copley) whose elo quence 'they had lately heard in that Court. He knew not the course they would adopt ; he could not conceive the line of defence they would take ; tut be was sure of this, that no evidence would be called. lie was convinced that they would not give him an opportunity of again addressing the Jury.— He felt, as well from•the paper put into his hand by the vespectable Solicitor under whom he acted, as from a tnowledge .of the parties in this case, that 'there would be no ground for calling evidence on the 'other side. He was 'certain the case could not be removed from the broad principles on which he had rd it, by any evidence that could be adduced.— t ac v e rould at its close stand on the same ground on which he now placed it. The plaintiff was deprived Hof the society, be was robbed of the comforts which flow from an affectionate wife, by the acts of a se ducer. This was a short statement of the vase and, whatever the talents and invention of his learned friend could supply (and doebtless they would sup ply the best means of defence which the case afford ed) would not be sufficient to overthrOw it. What, ever topics 'his Learned Friend might advance would, he knew, be addressed to the Coen in a high strain of eloquence—so brilliant, indeed, that but for the justice nt his cause, he would almost shrink from, the unequal contest. Fortunately, however, the m eets of the cause ,did not depend en the advocate na eliher side. The facts must decide it. To them the Jury would apply their minds, and, after a due con. moderation of the evidence. they would pronoun* their verdict. From the experience he already had of their good sense and discrimination, he was sure that he would feel perfectly satisfied with that verdict. He sincerely hoped it would be amongst those per dicta which would in time, if any thing could. put a stop to that guilt and artifice iyhich led to causes, such as that he now had - the honour of submitting to their consideration. The Learned Serjeant then proceeded to call his witnesses. Sir Richard Croft is an accoucheur ; Was acquaint ed with Lord George Berestord and his family. His Lordship lived upon as happy terms with his Lady as any man he ever knew; attended the Lady also in her first accouchemenr. After her confinement she was afflicted with insanity. On that occasion he oh - served that Lord George waited upon his Lady with an attentien and solicitude to the full as great as he )tad ever witnessed in any man. - At the end of last year Lady George became again indisposed ; Lord George was in France at that time with the army, but returned on learning his wife's indisposition. His appearance was that of the greatest distraction and misery at the state of his Lady—his conduct was that of an affectionate husband. Cross-examined by Mr. Serjeant VAUGHANe.••• When this malady first appeared, after Lady George's accouchement, he asked whether she had ever been similarly affected before? and learnt (but could not say from whom) she had ; was in the habit of visit ing the family merely professionally, and on th occasions always observed that Lord George behaved affectionately. After the first indisposition of which be was witness, Lady George was afflicted for seve ral months. The last indisposition came oa suddenly, perhaps sic months after the birth of her last child. Did not see any of her Ladyship's female relatives attend her in her last illness. Saw Mrs. and Miss Schultz, her Ladyship's mother and sister, visit her occasionally, and Lady Elizabeth Monk. The letter alluded to, and commented on by Mr. Serjeant Ban, was then put in and read. The hand writing was admitted. The Marquis of Cholmondeley is acquainted with Lord George Beiesford and his Lady ; they visited his family, and were at his seat in Norfolk last year; they continued with him ten or twelve da l ys, and, from what he observed on that and other occasions, they appeared to live perfectly well together. Her Ladyship's conduct towards his Lordship was that of a dutiful and affectionate wife. Cross-examined by Mr. Serjeant COPLEY.—The principal opportunity he had of seeing Lord George and his Lady was at his seat in Norfolk last Christ mas. His house was then full of company. He saw them only in company ; they were merely personal acquaintances , The Ltd of Arran is a relation of Lord George Samford ; was acquainted with Lady George since bee osartiage ; had opportunities of seeing them to. gether frequently ; the conduct of Lord George was that of an affectionate husband; they frequently visited at his house. Cross-examined by Mr. Serjeant VALIORAW. There was other company at the bouie when they ',liked him; they came as mere general acquaintances. Wafter Jones, Esq. is first cousin of Lord G. Be resford was intimately acquainted with him from his earliest youth. He was married about eight years, be bad three children, all young ladies. Down to the present time he had visited his fatally.. They lived upon the happiest terms. Lord George con ducted himself as, most affectionate husband. She appeared to make a suitable return. Lord. George, was very seldom absent from home ; he was always attending his duty in Parliament. Cross.examined.—Lord George Beresford was a doniestic man; was never absent but on his duty to his country. Colonel Bridges, brother-in-law of Lord George, had much, intercourse with him and his family; their visks wen: frequent—from ' his observation the conduct of Load George was exemplary ; the conduct of Lady Geo:ge appeared to him that of an affectionate an'd dutiful wife. • Crossexasained.—Repeatedly slept in the house; knew Lord and Lady Beres:ord ever since their mar riage; be did not believe Lod George Beresford to be a gay man, he thought (vice the severse ; be never knew. him tube absent from his domestic circle taut on public business; he bad a ahuation about the Prince; this he did not think hid the effect of taking bins away from borne so as to make him otherwise than what might be called a dcmestic wan : wham married Lord George's sister, Risetamined.—Knew of no Aimee that could be called wilful cm the gad of Lord George.. The evidence being closed on the pi* of sbe_Plaint Seljeant addressed • the Court the defendant He agreed that it Mould have ben* to idle have gone into evidence. for the of peavinglhe adultery—the fact was prevroeursr ad. Sitted' liiiil he hoped he might take credit, there• fore, far Its touch anxiety as his Learned Friend to avoid entifing into a detail of circumstances which must have beeb'eqfildly offensive to them all. In one of the prioclples'bpdti which his Learned Friend had put this caw he certainty could not concur. :He had stated that the anioddt of damages to be assessed most depend upon thieetensideratrons—the rank is society of the parties, the affection which had pre viously subsisted between the husband and the wife, and the manner in which the defendant had con ducted himself. Now, he could not acquiesce in the proposition, that rank should in any degree norm a principle upon which the determination of the ques tion was to tate place. According to law, the poorest man stood in this respect upon the same vantage ground as the richest; and upon .this. principle he saw an reason why the present plaintiff should, how ever elevated his situation, be entitled to greater da mages than would be given to a person of much meaner rank. The Jury were to consider calmly end dispassionately first what the plaintiff had lost, and next how he had conducted himself previous to sustaining that loss ? He had always thought that this latter point was a very important one to be made out in evidence. It was not alone the defendant who should be put upon his trial, but the plaintiff also; and the latter, in his humble apprehension, was bound to prove, before he was entitled to any very ex tensive reparation, not by common evidence, bat by clear and satisfactory testimony, that he had been a faithful, fond, and affectionate husband, devoted to ' thai interests and comfort of his wife. What sort of attempt had been made to make out such a case in the present instance ? He called upon the Jury to examine the evidence to this fact. He did not mean to deey that the circumstances of the case were of the most melancholy description, and his Learned Friend had not failed to use his dexterity in introducing every fact which could add to the enormity of the de fendant's crime. Among others, it had been endea voured to insinuate, that the last mental derangement of the plaintiff's Wife was in some degree ascribable to the defendant. Fortunately, however, the answer of the witness, Dr. Croft, had fully proved, that chit was a malady with which she had been before af flicted, and that it in fact was in the family. Inso much, therefore, his client had been relieved from an imputation so overwhelmin in its effect. What ever the plaintiff might have lost in his wife, she at least had not lost her teason front the conduct of the defendant. lii now came to the oilier parts of the case. He did expect that he should hear some thing horrible of the mode which had been taken to effect the seduction of the plaintiff's wife. Of this, however, what evidence had been given ? nothing but the letter of the defendant himself, which barely amounted to an admission of the fact—but when this came to be read, was it susceptible of the construc tion which had been put upon it by his Learned Friend ? So far from bearing an air of triumph, it cautioned the unfortunate lady, whose ruin had pro bably taken place in a moment of unguarded pas sion, against the continuance of offending. It spoke in the tone of contrition and repentance, and expres eed a desire, rather that she should return to the path of virtue, than that the criminal intercourse should be continued. Independent of this, however, what other evidence had been submitted ? He naturally expected that his Learned Friend, whose ingenuity and talent in conducting such a case were undoubted, would feel it prudent to adduce some evidence, of a substantial and unquestionable description, as to the terms of affection and harmony in which the plaintiff and his wife had lived, previous to the unfortunate cause of the present action. But what was the evi dence be had submitted 1 was it of a conclusive and satisfactory nature, or was it not oh the contrary vague and uncertain t The first witness examined, as the Jury would recollect, was Sir Richard Croft. It was true that this gentleman was at the head of his profession ; that his character was unimpeached ; and that his integrity was unquestionable. To all that he said, therefore, he should be disposed to give im plicit credit : but to what did his testimony amount ? That in the hour of sickness, of distress, and of dif ficulty, the plaintiff had been attentive to his wife, and had behaved as affectionately as any other husband would have done in a similar situation.— What, however, was this but the visit of a professio nal man to his patient ? and what was the conduct of the plaintiff but that which would have marked the proceedings of any other man, however disincli ned he might be to afford comfort to his wife in the full enjoyment of health I The man who could treat his wife with inattention in the hour of sickness must indeed be a barbarian; but attention at that moment, although it was evidence of the feelings of humanity, was by no means conclusive as to the existence of a paramount affection a nothing, in fact, could be de duced from this, as a foundation for large damages. The next witness that was called was the most Noble the Marquis of Cholmondelcy ; and if a man of high rank and illustrious descent were wanting to give dignity to the cause, such a man was to be found in him. He confessed, however, that he never heard colder evidence as to the affection which subsisted between the parties. When he beard it, in fact, his hand was almost palsied as be attempted to indite it on his brief. What was the effect of this Noble . Lord's testimony ? that the defendant and his wife lived perfectly well together, and that he never saw any thing in their conduct otherwise than affectionate. But what were the opportunities afforded him of ob servation ? Why, simply those which occurred in the, course of a visit which the plaintiff and his wife made to his Lordship's seat in Norfolk, during which time the house was crowded with company. The plain: tiff's wife had not in that interval exhibited articles Of peace against her husband, and therefore they were the most affectionate couple in the world.' If be (Mr. Serjeant Vaughan) might be allowed to judge. he apprehended, that of all places, and of all occa sions, the house of a friend, and the congregation of a large and brilliant company, would be the last op.' portunity which it couple otherwise thai affectionate would choose to exhibit their mutual discontents.— The. third witness was the Earl ofliisan ; bit it did not eppeet that this Nobleman had ave r nose slept lei the house w i th then peaks; or that he lad ani other means. of ascertaining their feelings towards each other * qaxe whit was *IWO& in the elf4*9( an acviimaca . lit. W. Jona wag *As. ; . input • saltness; bat neither had be ever slept in the plain tiff's house, nor indeed was ;here any ohe witness, arbo had—any person who could be supposed to have seen. them off their guard, or in that state of familiar: and' domestic intercourse in which alone their real feelings and dispositions could -be discovered. It was true that Colottel Bridges, who was the last witness examined, was the intimate acquaintance of Lord G. Beresford, and had gone litrther than those who pre ceded him ; but he too 'had never slept in the same house, nor did he venture to say that he had ever un veiled the curtain which good manners would neces sarily throw around those scenes which could only be unfolded to those who lived in the same dwelling, and were associated in the closest intimacy. If has Learned Friend had asked him whom he would have called on this occasion, he could have no difficulty in answering, that be would have preferred the mother and sister of Lady Beiesford and Lady Elizabeth Monck, all of whom were 'in the habit of close inti macy with the family, and would have afforded the clearest and most satisfactory information upon those points of domestic happiness en which so much of this case depended. To these might have been added some of the confidential domestics of the family—he did expect to have seen the Lady's maid, the house keeper, the butler, or the valet of Lord George; and not finding them ranked among the witnesses, he confessed he could net shut his eyes to the belief that his Learned Friend was satisfied their testimony would not have tended much to enhance the loss which the plaintiff had sustained. For all these rea. sons it was, that he was induced to imagine the case would not be considered by the Jury as of that fla grant kind which his Learned Friend would lead them to conclude. Upon the subject of the amount of the damages to be given to the plaintiff, he had only to say, there was a graduated scale by which they were to be guided ; and it was for the Jury to say whether the case of the defendant was to be at the sop or the middle? that wara matter entirely for their consideration. He had been some years in the world, and during that period. had obtained sonle little experience. He confessed, however, that the result of his observations was, that it was almost as difficult to draw the earth out of its course, as to se duce the affections of a virtuous woman, where the husband had been all that poetry had described as the just attributes of his character. It was, in his opinion, impossible to seduce the affections of a wife, where she was treated by her husband with becoming respect and affection. lf, however, she was left to the temptations and excitements of the fashionable world, unguarded and unattended by him to whom her honour was most dear, while he went in an op . polite course, it was impossible to answer for the con sequences. In such cases, the parties trod upon ire: sumosites cirseri doloro. They all knew what human nature was, and that The wife is seen, where danger lurks, Safest and seemliest by her busbandCode. Wish regard also to the amount of damages, he had to observe, that no evidence had been offered to prove the defendant's ability to pay heavy damages. He might, for aught the Jury knew, not be worth a siugle shilling. That he lived in high rank and fa. shiohable life, was no ground for concluding that he was rich; it rather furnished, indeed, an inference the other way. It was true, he was the son and heir of the Marquis of Headfort ; but whatever might be Isis expectations, they were.not likely to be bettered by a transaction of this nature. What he would chiefly press was, that the present was not a ease at tended by circumstances which called for the very highest damages. Midst the scenes Of fashionable life, a young man like the defendant Was often sur rounded by temptations which it was difAcult to re sist, and for yielding to which some allowance should be made► He meant not to insinuate that such was the case with regard to the plaintiff's wife, but to as sure the Jury that the defendant was ready to make every atonement whiih the offended laws of his coun try might award, and that he felt a regret which world not cease tot the remainder of his life. The UNDIMSLIZRIVI recapitulated the evidence, and the Jury assessed the damages at Tat Thowand Tomah. COURT OF KING'S BENCH, JUNE 29. MANDAMUS. The ATTORNEY GENERAL, on a former day, ob. tained a Rule to chew cause why a Mandamus should not be directed to the Governors and Trustees of a , Borough Free School. directing them to restore the! master of that school (who had been suspended) to I his situation.—The school was under the direction of the Corporation, of which the master was a member, having formerly served the office of Mayor ; he had for years been at the head of the school, and suppor ted a respectable character. A short time since, as a mark of approbation of his conduct, he had been per mitted to extend his school, and he took his niece, a young woman who had borne an unexceptionable cha racter, into his family. She had since, however, be come pregnant, and had an illegitimate child. After this circumstance became known, he was surprised one morning, on attending the Corporation, at being asked—a Are you guilty ' He received no expla nation, and soon after was more surprised to learn, that, without any previous notice, he had been suspen ded from his situation.—The Court made the Rule for a Mandamus absolute. COURT OF COMMON PLEAS, JUNE 29. N. A. CLARK gr. •••••••••. This was an action of Replevin, in which the eel,. braced Mrs. Mary Ann Clark was the plaintiff. It appeared that the Lady had pleaded her Coverture as a plea in bar, and the question had been reserved for the opinion of the Court. Mr. Serjeant VAUGHAN was heard on the part of the plaintiff on a former day. • Mr. Serjeant PELL was now heard on behalf of the defendant, and contended that on no ground could :the present plaintiff maintain her action. The rent for which the distress was made became due on the 9th ii May. On the 12th the distress was made.—. The plaintiff now, by her plea said—" You have' seized my goods, sad I replevy." In reply to this the defendant says—" I have a right to seize your goods, since you are indebted to me. for rent." The plaintiff rejelns—" You bare no right to seize my r=e; I *have a husband living"—and there, the d Reticent observed, the matter stood ;—but he now contended, that under these circumstances, unless the plaintiff proved her husband since dead, the was not the person who could bring the present action s and, °Alba Wier band, if sby proved him c dead, tier pii*. of Comm= woo* be done away., Another strung ci , cumstance alriutxisted against th e plaintiff's recovering, even allotting her the binet tof both her pleas. The Court took time to consider its judgme n t. MURDER.—Friday !turf Peru was brough t up for anal examination, to Lambeth-street Office, up o n the charges of having cut the throat of Joh n m oody, and murdered Benjamin Twig, in Catherineb•lsoe,rm the 18th of June.—The prisoner, upon bein g as k ed what he had to say in his defence, chewed indde, rence to the result of the examination, and said th at be was drunk on the night of the murder, and did net know whether he committed it or not. He also s a id that he had been hardly dealt with.—The Magistrate committed him on both charges. QUEEN-SQUAEL--Saturday the case of Thomas. Hybard, groom to the Prince Regent, came on be. fore MT. PLESTOW, the Magistrate, on an information 'laid by the Kensington turnpike man, for refasi ntan pay the toll when passing on one o f the Primal horses.—Thomas Parker, Esq. Cl er k o f A ccounts to his Royal Highness, said, the groom had m u t through ignorance.—The Magistrate said be h i d looked into the Act, and was aware that the Nam servants, or those of any other Royal Personage, nett obliged to pay toll, unless they were accompanied b e their masters. He hoped Ibis statement would made public, and he had no doubt but the Roy s h et vants would not attempt to evade the tolls arti L , He would allow the present information to be am drawn, upon the expenses being paid.—The gro om accordingly paid the expenses, and was discharged. t .A. 0 . 2,000 ton, 4 TO THE ED ag r o rO it ß w O as F es T ti l m lE ated n bar, rod, f otber clur yea reseriptions of iron, were manufactured weekly ins distance of six miles round Dudley, Worce.terslsire, which must have gives actual employment to 25,000 ',mobs, i n . eluding every process of the manufacture. At the present time there is not half the quantity made, consequeotly there must be ; 12 to 15,000 persons (exclusive of women dad young children dependent upon their labour for support) thrown out of the means of getting bread in the above distance. lids depression has taken place since last October, and as, in consequence oldie general stagnation of trade, they are not likely to obtain employ. ment in any other way, it follows of course, that this Imp num ber of our suffering fellow-creatures, a considtrabk proportion of them young and healthy, and all able and willing to work,art either removed with their families to our workhouscs,or throw, upon the country as beggars. It would occupy far too much of youryaper to give you is. stances of the numberless scenes of distreis winch we in di neighbourhood are daily witnessing. One shall suffice; a rims man, 26 years old, called at my door a few days since to mkt charity : be told me that be bad a wile and three children, a be,. they and sister, dependent upon him for u livelihood: belled!** out of work 15 weeks. From his appearance, his manner, andel* respectable reference he gave for a cbaraver, had one been ma ted, I have no doubt his tale was a true one. He had a sass' bag by his side; when asked what it contained, he said it was fast he had begged that morning, which lie intended to take home to his wife and family, for it grieved him to see them in wante—l am Sir, yours, respectfully, A CONSTANT RSADKI. Sedgeley, near Edam. Staffordshire, June 25. Sine writing the above, I have heard from authority whit* cannot be doubted, that thirty-two of these pour creatures set at on Monday last from the neighbourhood of Stoutbridge, acmes. panted by tour or six others, to wait upon and conduct therm is so orderly manner, with a waggon load of coals, which th e y is tended to draw to London by way of Worcester. This morning another set of theta are gone in like manner with a load thank Birmi ughant. Tuesday night, the house 4 Mr. FRANKLIN, of Iver, near Ipswich, was broken open by four v ilains, who entered his bed-room, and threatened him with instant death if he gave the least alarm ; after break• ing open a bureau, and taking therefrom/I'B, they went down stairs, and Mr. F. bearing no noise, and suspect. ing they were gone, ventured down, and found two d the men in his parlour ; a desperate male ensued; Mr. F. with a hand-spike knocked one of them down, and followed by his blows, till he exclaimed " las done for"—the other dragged him to a cart, which was is waiting, and fired a pistol at Mr. F. which it is supposed entered his companion. Tuesday the figure of Ceres, with an inscription, bearing date 1812, the period when the New Cosa Exchange, at Ipswich, was erected, was placed on the top of the entrance of that building, and is a great or nament to it. It is the same statue which for many years surmounted the top of the Old Market Cross is that town, as eg Justice," but deprived of the scales, sword, and bandage ; so that even Juake Iserref is made to conftirm to the fashion of the times, Those who have lived rather gay, and are doubtful of the consequences of an ill-cured contagion, and are lingering under diseases, by consulting men igoot rant of an important branch of the protession, are formed that Dr. COOPXR, and thole Snrgeous of great experience, Members of the Royal College, in Lon. don, have established a Medical Board at Charlotte House, Great Charlotte -street, opposite the Rev. Rowland Hill's Chapel, Blackfrias Road, London. The Medical Board claims the attention of those who have been improperly treated, and particularly those who are afflicted with Strictures, Fistulas, Cancers. Scrofula:, and Debilities, arising from warm climates, juvenile indiscretions, &c. who are cured without confinement. Eruptions on the head, face, and body, sore eyes, ulcerated throat, pains in the head and limbs, frequently mistaken for rheumatism; nodes en the shin bones, &c. are symptoms which appear years after, and too often destroy domestic happiness. Messrs. COOPER. and Co. are consulted daily by all ranks of people from eight in the morning till nine a night; or by letter, inclosing a fee (for no others are answered) stating their case, when medicine and ad vice is sent to all parts of the kingdom. The plies and fistula cured, without burning or cutting ; advice gratis, on Tuesday, Thursday, and Sanday mornings, till twelve o'c loc k. A side-door, and private rooms for females. Two eminent Physicians have lately joined the Board, and private Praaiiienerz, who attend with their Patient: for advice, are present Aria, conseshatiox. 'PRIG/SS OF OOLI) AND SILVER. Portugal Gold in Coin, per oz. .14 Os od. Foreign Gold in Bars - 4 Os Od. New Doubloons - • a 15s od. New Dollar - - 0 41 ltd. Silver In bars - - Ss 0 Oe ___ AVERAOR PIUCE of CORN in ENGLAND wad WALES from the returns ending the 2td of June, 1816. Wheat. Rye Barley. Oats. Berns. Peas. a. d. Is. d. s. d. Is.d.ls.d. 1 s. 0. 74 4 1 41 10 I ite 2 1 22 4 134 11 124 2 The average Price of Sugar, computed from the returns Jr JO In the week ending the 26th lune, is 475. W. per cwt. HIGH WATER TO MORROW AT LONDON OR !Mil Morning . - Y mitt. t. • Afternoon 4. LONDON: Pruued by Laval. KIN?, Ptgken k'ubbtbel ;here, and at the Suit•OSce,TeutEle