Star. — London, England, 1801-05-29 00:00:00

LJIU INTELLIGENCE. COURT OF KING'S BENCH, MAY 28. CRIM. CON. THE HON.W.F.MITNDHAM V. THE EARL OF WYCOMBE. Mr. TRIPP opened the pleadings, by which the Plaintiff complained that the Defendant made an ; Vault on the Wife of the Plaintiff, and had urinal converfation with her, to the Plaintiff's da mage of io,oool.—Plea, Not Guilty; upon which a t m was joined. The ATTORNEY-GENERAL, in his addrefs to the jury, Rated, that the Plaintiff in this cafe was the Hon. William Frederick Wyndham, third fon of the late, and brother to the prefent Earl of Egre mont. He would abflain from any obfervations tending to aggravate the nature of the offence, and the more fo, as the ilibjed had been fo much and fo recently exhaufted. It was neceffary, how ever, that the Jury knild know the reafon why the Plaintiff came now, in the year aor, to Peek edrefs for an injury fultainedfo far back as the )ear 1796. He mull therefore inform them, that he had been all that time, and was, up to the pre fent period, the Englifh Miniller at the Court of klorence, and could not, confiftently with his duty, come over to fuperintend, perfonally, a profecu con in which his peace and interett were to much concerned. Mrs. Wyndham (then Mifs Harper) had in her marriage a fortune of 36,0001. in the three per cents. which, by articles, was fettled on herfelf, and had all been paid into her own hands I ince the difcovery of her adulterous intercourfe. In the year 1 795 the Earl of Wycombe , fon to ' the Marquis of Lanfdowne, vifited Florence, and was received by the Bran Minifter with all the refped and hofpitality to which his rank entitled him. It was a part of his - duty to pay attention of that kind to Engli(h travellers of condition; but with Lord Wycombe he was on terms of the greateft intimacy, making excurfions with him to Rome, Pita, and other places. At that time he had lived with his Lady ten years, ever fince 1784, in the utmoft harmony and fondnefs. They had eight children in all, three of whom were then living. From thefc circumftances the Plaintiff entertained no fafpicion of his friend, Lord Wy. eombe,.who was intimate at his houfe, and of condi had aced*, to the Lady, who obtained, un der the pretence of illehealth, permiffion from her liulband to go with her children for tome time to Switzerland Lord Wycombe let off about the tune period, profelledly for'Spain ; but when Mrs. Wyndham got to Bologna, to the furprife of all the fervanu, that Nobleman made his appearance, and took up his quarters in the fame hotel. The Jery would bear defcribed the convenient arrange ment of the apartments at that place'; from which they went to Turin, and afterwards to Laufanne, in which lift place their flay was pretty long. Of thefe attentions on the part of the Defendant, the hulband at the time was ignorant, " deektes ille thou flirt ulteriur;" but when ne was informed of it, a feparation enfued, and it was not till the year sfloo that be was enabled to come to England. If the Learned Gentleman on the other fide could Mew any connivance of Mr. Wyndham that would even lead to an adulterous intercourfe, lie could exiled no damages; but if, on the contrary, it ihould app ea r to the Jury, that the injory was committed in breach of con fi dence, and that the Lady Wag thus prevailed upon to throw herfelf into the aritil of an adulterous lover, no cafe could call more arid loudly for exemplary damages than that of corrupting the affeCtions of a wife,after ten years of conjugal harmony and happinefs. Evidence was then called to prove the marriage, which Was performed bylpecial licence, at St. Pan cras, on the sift or July 1784. Lord Romney find; he kne* Mr. and Mrs. Wyndham intimately before they went to Flo rence. They fometimes fpent months with their children at his houfe. On his crofs examination his Lordfliip laid; Mrs. Wyndham was a Lady of confiderable fenlibility t their love then Teemed mutual, and they were apparently as happy as any couple. His Lordfhip had not Peen or corre- Iponded with them fence they went abroad. Lord Carnarvon depofed that he was married to a filter of Mr. Wyndham, and had an opportunity of witneffing the affeelion that fubfifted between him and his wife. He never raw two perfons more fond of each other; nor did he obferve any tingle ;finance to induce him to doubt it till they went abroad, flute which time he had not Peen either of them. Mr. Pierrepoint Mid, that living near Mr. Wynd ham at,Pignor Park, before he went to Florence, he had daily opportunities of witneffing the harmony which fubfifted between him and hIS wife, who ap peared extremely proud as well as fond of her band. John Young lived as butler and Reward to Mr. Wyndham for fix or feven years. When he fet out for Florence the witnefs followed him by Tea in Feb. 1794, and remained there till the a4th of Auguft following. His Matter and Miftrefs, who went overland, had arrived before him. In his whole life he neverLd l a more happier couple than Mr. andMrs.Wyn appeared uniformly to be. Mr. G. Hammond depofed, that for five years and a half he held the office of Under Secretary of State, and knew that Mr. Wyndham bas been Pub lic Minifter at Turin fince the 3d of February, 794. It was neeeffary that he Mould generally :elide at Florence or at Leghorn, and could not, during the troubles of that country, conveniently come to England upon his private concerns. He, however, obtained leave of abfenee for that par pole, in November illoo ' and had fi nce returned. Dominic° Sombolino lived as fervant with Mr. Wyndham, at Florence, and is now employed as occafional meffenger to carry difpatches between that country and Turin. He remembered Mra. Wyndham fetting off from Florence to Bologna on the 23d November 1795, whither he followed her with the children on the fubfequent day. He found Lord Wycombe there, fitting at dinner with Mrs. Wyndham, and lodging at the fame inn. He had then no time to obferve if there were any familiari ties between them, as he had the care of the chil dren, and his wife had jufl been brought to bed. In fintr days after hc accompanied Mrs. Wyndham and the children to Tulin, where he took apart- rnents for them, confining of (even rooms, running , all in a line, with doors of communication on the fame floor. The three &it rooms were for the children and fervants, the 4th was a dining room, the sth, the fitting, and the 6th, the bed-room of Mrs. Wyndham. The 7th, was a ;range-room, with a door to the (lairs, and alto a door leading to the other apartment. The laft was occupied by Lord Wycombe, who arrived at Turin in about eight days after them. His Lordfhip and Mrs. Wyndham were never afunder from morning till night. They went out, returned, and eat together conilantly. While at home, they always fat dole to each other on a fofa in the fitting-room. The fofa was too hard to exhibit any figns of being tumbled. They were conflantly alone, and he had orders to knock at the door always before he en tered. He did fo ; and was obliged to wait till the door was open, as he always found it locked. Sometimes before the door was opened, Mrs. Wyndham would call out flop a bit, Dominico!" In their apartments at Laufanne, afterwards, they ufed a fofa of a particular kind, which Mrs.lirynd ham direfted him to get made, on which he once faw Lord Wycombe fitting behind Mrs. Wyndham without his lhots. At the fame place he alfo faw his Lordfnip kits the Lady, but flue hitnjtji. They remained fixteen months at Laufanne, and he never faw any other Gentleman but his Lord fhip in company with Mrs. Wyndham. But ex clufive of this, he had no reafon to fulped any im proper intimacy between them. On his crofs-examination by Mr. GARROW, the witnefs faid he left Mrs. Wyndham at Laufanne, and kept a bookfeller's fhop at Florence. When Mr. Wyndham faw him, he afked him how he left the children ? but did not enquire for his wife. She was all the time in very good health. He did not know that they agreed to feparate before flue went to Bologna. He heard fomething of it afterwards from his wife, who was Mrs. Wyndham's maid, a Mrs. Robins, whom he married in March 1795. From Mr. Wyndham's fituation, he was obliged to fee a great deal of company, which, however, the witnefs did not know much of, as he chiefly re fided with the children in the country. He did not know Signora Bartoni, nor Signora Mori, at this time, though he had fince known them. He could not fay that it was any part of an Ambaffa dor's duty to be Cietjka or one of the Cavalier; Ser vant; to the married Ladies of Italy. Sir Godfrey Webfter was there at the time, but returned to England, leaving Lady Webfter behind him. This Lady vifited Mrs. Wyndham very frequently. There two Ladies, with Lord Holland and Lord Wycombe, compofed the party to Bologna. He remained twenty months on thefe excurfions with Mrs. Wyndham : the ufed to write fometimes to her hufhand, but he could not tell whether the re ceived any anfwer. When firft he returned to Flo. rence, Mr. Wyndham was with a party at Porto Romagno. He did not know who the party were, nor did he ever fee Mr. Wyndham at the Opera. Lord Holland accompanied Mrs. Wyndham to Turin, but Lady Weber did not go. Here the Counfel for the Plaintiff propofed to dote their cafe. Mr. GARROW then rote, to make Tome obferva tions on this, which, in all its parts, was the moll extraordinary cafe that had ever, perhaps, been fubmitted to a Court. The Plaintiff's ounfel was confcious of the neceflity of apologizing, when, in 1801, he applies for the redrefs of an in jury Paid to be fuftained in the year 1 795. Mr. Gastow had proceeded but a very few fen tences, when • Lord Keaton aped what evidence had been ad duced which went to make out the fubftratum of the cafe? He fhould not infift upon the gentleman being proved to have been in bed with the lady, nutitu caw ninia ; but allowing all that had been Elated to be true, it by no means followed that any thing criminal had taken place between them. He had heard that gentlemen boated of paying fuch attentions to ladies, and called them innocent gallantries, and thought they redounded to their honour. He thanked GOD that he had no fuch no• dons, but Rill they might eta in thefe who had not been guilty of the aes complained of. People of no mean name had been difpofed to think that he had been convinced rather by (lender proofs. A gentleman and a lady, known to be attached to each other, had been Peen going down a narrow lane, and when they returned the drefs of the lady was difcompofed, and the knees of the gentleman's breeches were Rained with grafs. This, he told the jury, was pretty eonclufive evidence, but he had been blamed for thinking fo. But in this cafe there was nothing nearly fo ftrong. Mr. ERSKINE faid, he thought the interconrfe complained of to have been fufficiently proved ; but, in deference to his Lordfhip's opinion, was willing to call more witneffes. Madame Sombolino, wife of the laft witnefs,, raid the attended Mrs. Wyndham from Florence to Bologna, in November r 793. In about half an hour after their arrival at the latter place, Lord Wycombe came to them. Did not expe& to fee him there as the 'tinder-flood he was gone to Spain. He (laid three days after Mrs. Wyndham had left that place for Turin, and then followed. The room-door that led to his Lordfhip's apart ment was locked. She knew that he five with her Miftreft.. He pared throtigh the Witnefs's room. Crofs.examined by Mr. Gisas —The Witnefs went from England purpofely to attend on Mrs. Wyndham. The party to Turin confided of Lord, Holland, Lady Weber, Lord Wycombe, and her Millrefs. Did not know whether Mr. Wynd ham knew of the party. He did not accompany her when the took the belt coach. Mrs. Wynd. ham informed the witnefs the was going to pafs, the winter at Turin, and the fummer rn Switzer land, for the benefit of her health; and then meant to return to Florence. Mr. Wyndham and his Lady were walking with the children, in the at: tcrnoon of the day they left Florence. They fet out from the Houfe of Embaffy early in the even ing. Was • certain Mr. Wyndham • did not at tend his Lady to the carriage. Did not fi.fpeti at that time any improper intimacy , between her Mir trefs and Lord Wycombe, as the made it a rule , le fivi t a ass, 44. In anfwer to a queflion from oat of the Pub ast raid Dee was quite awake When Lord Wycombe pried through her room in to that of her Miftrefs ; it was about one or two o'clock in the morning. Here the Evidence for the Plaintiff doled. Mr. GARRow, then addrefied the jury.—He faid the Plaintiff had come into Court, rafted with the bell advice a tickliffi cafe like his required. They had thought prop.er,, rather than venture to call the loft wands, to leave it fliott ; and glad he was they had been permitted to mend it by calling her., The queftion for the Jury to confider was, whe ther the Plaintiff had proved, that the comfort and Covet) , he had enjoyed with his wife had been bro ken in upon by the Defendant ? He had to re commend to the people Of Stifles not to fend their young women abroad for education, but to keep , them at home; as the lull; ; witnefs h ad proved the I had received a complete fidlib to her education in Italy. She was a moll convenient waiting-woman, the fees nothing that is palling, and fuTpeas no body. He did not with to fay any thingthat might give pain to the Noble Lord (Holland) who was prefent; or to that diflinguithed relation of the Noble Lord, to whom he owed the foundation of his prefent fuccefs in his proration, by his recom mendation to conduct the bonnet's of the Weft mintier Scrutiny. He fliould be lorry, in fearching into fcenes which had been moll amply atoned for by the Noble Lord,for a moment to give paineither to him or Mr. Fox; but it was a part of his care, and the interals of his client called for filch exami nation. He would ails, by whore criminal neglect it was that the Plaintiff complained? who was it that deftroyed what he termed his deareß interefts? It had been proved that the parties lived happily to gether, and that (to ufc one of the witncfs's ex preftions) the teemed proud of her hulband. The caufe had been poftponed fence October, to give Lord Wycombe an opportunity to go to the Continent to procure witneffes to fliew how Mr. Wyndham had comported himfelftowardshis Lady. Mr. Wyndham had the opportunity of confront ing there witneffes • he was apprized of the tea fon of poftponing the trial, and had the advantage of calling perfons of the firft diiiinetion, who were received at the houfe of the Britilh Ambairador, and who might contradict this ffatement, did he sot know that he was now complaining of an in jury which he, byhis grofs inattention, had procur ed for himfelf, and that it was the common talk of Florence, that the wife of the Britilh Ambatra dor, the who was the envy of every body for her amiable qualities, was ill-treated, derpired, abitfed, and negleded by her hulband. There were the phrafes of the people of Florence. It was certainly in his power, as the Reprefentative of the King of England, to have feleded the molt virtuous part of the people of dißintion at Florence as comps nions for his lady. Did he do fo ? No. Inflead of fo doing, in order that the might imitate the conduct of the auguß Perfonage who fills the Throne of England, and whofe bright example of conjugal virtue and parental affection adds luftre to her name, he introduced her into fccnes that muft retied difgrace on his charaUer. The Rory of Sir Godfrey Webfter and his Lady was too re cent to be forgotten. This Ambaffador forms his party, contifting of Lady Webfter, the divorced wife of Sir Godfrey, Lord Holland, &c. Was Lady Webfter a proper companion to introduce to a woman of virtue? Was this a Lady to whom the anxious hulband Mould commit the education of his daughter? Would any man of honour have done fo ? Would he not have interdicted her from forming fuch a connection ? It was a matter of furprife to the whole city of Florence. He had turned her over like a bale of goods, as his Learn ed Friend had on a former occafion obferved, and configned her to the care of Lady Webtler, to whole fuperintendance her virtue and honour were intrufted. The queftion to•day was like the jour ney to Switzerland, a cpseftion of finance, the funds of which journey were fupplied by Lord Holland. He fhould to-day boldly demand a verdict at the hands of the Jury. He was not going to pare down the damages, he went upon grounds which had been diftinOly Rated by his Lordfhip yefter day : that caufe compared with the prefent, was like virtue compared to Pandemonium. The houfe of the Britilh Embalry at Florence was a fcene of the moll flagrant violation of every thing that was virtuous. His Lordfhip would lay down the fame rule in this cafe, when he had heard the evidence he had to produce. Should it be adduced that a man fhould complain of being robbed, who has !hewn that he confiders his honour as of no value, who climates his dometlic comfort as worth no thing, and chutes to pars his time with any other I Woman rather than with his wife, how much more emphatically do-day would there things be corn mented on by his Lordfhip, who had to confiderthe condud of a man who had boafted that there was more glory in the commiflion of there acts?- -Such a man is Mr. Wyndham. At the time he had this adoring wife, he was a man of fucceff ful gallantry ; fhould he then be hatred to come into Court and a& for damages t His Learned Friend, yefterday, had attempted to draw a line of diftindion between the charge alkdged againit the Plaintiff, and ftated his having attended to his wife; but this was known to be unworthy of his Learned Friend's great abilities, and was teen through, and the charge was confidered as a com plete anfwer to the Plaintiff's cafe. So in the pre fent cafe, if he thould prove that he was comma. ally driving about in his corricks Ladies of no chandler, fuch as Bartoli and Mari, and at the fame time meeting his neglected wife in another, would not this be anfwer fufficient ? The furni ture of the Hotife of Emboli" , was publicly taken out to furnifh the houfe of his proftitute living in the fame town.—He would a 4, Could Mr. Wynd ham, after this, taped to receive a verdict at the bands of an Englith Jury ; after placing his wife in the care of perfons of no charader, fending her to Bologna with them, and when Sombobno re turned, never inquiring how the was, with whom The raided, or any queftion refpeding her, or what traniadions were going on there P It was too evident he knew of the connection. Was it net likely Lord Holland would have written to apprize his friend " that Wycombe was there pay " mg attentions to his wife, and which attentions didreffed me; he is of her party to Bologna, Turin, and eifewhere : won't yon take mea " furcs to prevent this e—bid be write fnch a letter ?—No I—He knew that he had long Wore that alienated and divorced himfelf from his wife. The fervants all knew of it, and were prepara accordingly. Lord Wycombe, at one or two o'clock in the morning, walks into the room of this convenient waiting woman, and from thence into Mrs. Wynclham's apartment. Did the fay to him—" My Lord,; ou bare miliaken your way— " this is not ylur apartment." • Did the fo ?—No,it was all fettled beforehand: Thefe WC:sC Italian recites, which, thank GOD, we have not yet arrived at the felicity of witnef. Ping in England. The &ft thing Sombo:ino did, when he returned, was to prefent himfelf to Mr- Wyndham—Did he reprefent whatwas going for ward at Bologna and Laufanne ?—No. He made no complaint to his Mager, nor were any quell tions afked, nor did he take meafures to firtisfy hit wounded honour till July 'Boo; a period of five years; and now, (raid Mr. GARROW) let us inn.' lider the apolegy. The important fervices Mr. Wyndham was rendering his country were Rated to Le the reafbn that he could not attend to his private concerns ; and, to borrow an exprefliou from his Isearned Fritnd, the Attorney-General, he was content to put his horns into his pocket till he had fi.ttled the affairs of Europe at the Grand Dike's Court. What! could he not have written to fomc of his Noble Relations, who might have brought the :talon for him? Was it necellkry for him to be here in perfon to attend his own caufe ? Could he not have fent a packer, and the writ might have been iffued as well while lie was abfent ? The fa/I was, Bartoli and Mari had applied the flyptic, and not till it be.•ame a matter of finance did he confider it worth his while to profecute an aCtion. The cafe of Cibber was light in companion to this. In the language of the people of Florence, it was too profs a cafe to be proved with fatisfaetion to the Plaintiff's cha. raaer. The Attorney-General could not Rate that application was made to bring on the trial earlier than July lA. If theretOre the parties were in common contaa, the Rate of limitations might b 4 pleaded. In this Cafe, profs negligence, and fcan dalous inattention to Ins wife, were imputable to the Plaintiff, who had run the riff: of bringing difeafes into the marriage -bed; and he hoped he should not live long enough to hear a Jury pro nounce a verdict for a Plaintiff ;landing under fuch circumflances. Ile then Rated the evidence he Ihould adduce, and (hewed that any one of the va rious fats he thould prove, would be a complete bar to the a,iion. The tuft witnefs called was— Mr. Cornewall, fon to Sir George Cornewall. He was at Florence at the latter end of the year 1794, and received at the houfc of the Britifh Am bairador, and conßantly faw Mr. Wyndham ; was there from Oetober till the end of the year ; vifited a party of Englifh, confining of Lady Webfler, Lord Holland, &c. has every reafon to fuppele Mr. Wyndham was a man of gallantry ; has told the witnefs to that effect ; has feen him with Ma dame Bartoli feveral times driving he: about in his curricle, and conduaing her td the Opera : the People of Faibion at Florence go conflantly to the Opera : has feen Mrs. Wyndham thereat the fame time, while Mr. Wyndham was in another Sox with Madame Bartoli; has no doubt of Bartoli being a woman of eafy virtue; her hufband refided at Leghorn. It was fubmitted by the Counfel for the Plaintiff; that this kind of evidence was irrelevant, as being only the inferences drawn from the Wit nefs's olsfe..vations ; but this was over-ruled by Lord KENYON, as it might tend to Phew the con duEl of the Plaintiff produced jealoufy and dint Mk on the part of Mrs. Wyndham. Mr. Cornewall then proceeded. He Rated, that the imprellion of Bartoli being a loofe woman was made on every perfon in Florence. Lord Wycombe was there during great part of the time ; did not perceive that he paid more than common attention to Mrs. Wyndham, fuch as banding her to and from her carriage. Mr. Wyndham did not appear Rudious to conceal his gallantries; has driven Bartoli to the CalEno, a place like Hyde-Park, and as public. Crofs•examined by the ATTOINEy-Gtoo IRA 1..- Did the Witnefs fuppofe that every man who paid attention to a female mua naturally go to bed to her ?—A. Did the Wittiefs know of the little good-na. timed gentleman in this country, who is fo par tial to mount his coach-boa and drive all the La dies about town in their turns? Mr. Cornwall replied, that he knew the perfon he meant very well. , 6 Then, (laid the Arroes vr.GEssaaa.), do yon fuppofe that he has au intrigue with every one of there ladies ?"—(A wry lasi laigb.)— The Winters never knew any conneetion be tween Mr. Wyndham and Bartoli ; Mr. Wynd ham was free in his communications, and, from all that he knew, he conceived that an improper conneElion had taken place. Mr. Wyndham had made a confeffion to that purport in March 1795, ; when the Witnefs met him at Rome. John Adam Smith, Efq. was at Florence in 1794 and 1795 ; was at the houfe of-the Britills Ambafrador• law Mrs. Wyndham there; knew Lord Holland, Lady Weblier, Lord Wycombe, and all the parties except Mr. Wyndham, who was generally regarded as a man of gallantry through nut Florence : he made fecret of it, and ito doubt was left on his mind that he was criminally intimate with Bartoli ; and during the time that Mrs. Wyndham was at Florence, it was open to public obfervation ; has Peen Mari in compaby with Mr. Wyndham. Here Lord lisisson allied if this evidence could be oppofed The Arroax ay Gutless replied, that he had doubts of the evidence meant to be produced, and thought he could oppofe it with lured's. Lord Kilovolt called out, ‘4 Go on then; well, go on, go on." Crofs-Taamined by Mr. DISK I N S.••••111C wit oafs has teen them driving out together four timrs; did not obferve any thing in their dt poi tinent in deccrous. Being asked, whether he crcr perceived ' any vifible levity in her, he replied, that In very fitre if he knew what viliiule kvity • thought it indicates' levity to accompan; this manner. It is generally imagined in 1 II t he wag not was, but he ly Mr. W. in n that coun , •