Star. — London, England, 1805-03-04 00:00:00

LAW INTELLIGEIVCE. COURT OF KING'S BENCH, MARCH s. CRIM. CGN. CAPTAIN GARDNER W. JAMS, 'SQ., Mr. CW/4stosas opened the pleadings, which Rat ed. that this was an anion for Criminal Converfation between the Defendant and the Plaintiff's wife, in which the Plaintiff had laid his damages at scowl. To which the Defendant had pleaded Not Guilty, where upon Mite was joined. Mr. Easxims opened the cafe for the Plaintiff to the following effea Gentlemen of die Jury—This aElion is brought by the Honourable Allen Hyde Gardner, a Captain in his Majetly's navy, and fon of that gallant and me ritorious officer Admiral Lord Gardner, who has long vindicated the honour of hiscountry, and who is now advanced to a Peerage; and it is among the mod afiliaing parts of this cafe—if indeed one part can be snore aflliaing than another, in a cafe of this deferip lion—that in confequence of the conflation which has taken place between the Defendant and the wife of the Honourable Captain, and which connection is the exilic of this aOion, there has been iffue ; that toilets the evidence which (ball come before you to day, (hurtld be fortified hei caner before another ju. rifdielion, by which that Mite may be ballardized, it will iniictit all the honours that have been conferred on that great Admiral, in confequenee of the ter. vices to which I have alluded, and which however he has fo well deferred ; to that I am perfuaded that every well difpofed mind mull feel a confiderable leaning ag.tinil fuch an unfortunate eonfequence ; and 1 am extremely happy to fee from my intirue tions of what the evidence will be, that the fad of il legitimacy of the iffue will be made out without any kind of controverfy. Gentlemen, Captain Gardner was married to his Lady at Madras, in the Ealt In dies, in the month of March, 1796. She was the daughter of a Mr. Adderley, by his wife, who en his death, married Lord Hobart. The Plaintiff and his wife were married, as I have aid already, at my Lord Hobart's bottle, at Madras, who was then the Governor of that fettlement. One Gentleman who will be called to you, Sir Alured Clarke, was prefect at the ceremony ; and, I underftand, that the happi nefs of this couple was uninterrupted until their un fortunate reparation. By unfortunate reparation I do not mean by the aa of the Defendant, but from the Plaintiff being called abroad in the fervice of his country, and which, although honourable to the Plaintiff, was yet to far unfortunate that it led kith* crime of which we are now complaining. Captain Gardner having been thus abrhad, returned to Eng land from the Lift Indies with his wife, in the year 1797. They remained together until May, 1799, and indeed fometime afterwards ; but at that period Captain Gardner was appointed to the command of his Majelly's (hip the Ruby, and afterwards to the 74 gun (hip the Refolution, whole Ration was in the Channel with the grand fleet. Up to this time the greeted harmony had fubfided between the Plaintiff and his wife, and Each was her apparent affeiflion for her hufband, that on the (hip's coming into port— (as we fee every day (hips of war doing, to refit, af ter encountering dorms, tempefts, and other perils of the fea)—no fowler did (he hear of her ho band's Blip coming into port, than Mrs. Gardner put her- Pelf into email ccach to join her hutband, with whom The Raid, apparently with petted affeaion, while the !hip remained in harbour ; and on the failing of the Blip, the returned to I.ondon, to a place provided for her in his abfence, with every thing fitting for her honourable dation. About the sth or 7th of Janu ary, no matter which, Mrs. Gardner came on board the thip of which her hufband was commander, which was called the Refolution, to fee her hutband; that was in the year 1802—and remained on board until the 30th of the fame month. She Raid in the (hip until the got from Spithead nppofite to Pont mouth, to St. Helep's, which is the eaflern point of the file of Wight, and then the parted from her hut. band, went on thine, and returned to London, and Captain Gardner failed finally from England about the 7th of February, and it was impoffible that this Lady could afterwards have teen her hu(band until -he month of July in the year 5802, the period of his num, which was about the end of that month. He found Mrs. Gardner was pregnant. The length of time the had been pregnant could not be known to rim. She was at that time confidered by medical yerfons to be in loch ill health that the could not co habit with her hulhand, and Captain Gardner went to fea again, and afterwards found by informatio n that his wife had been delivered of a male child on the 9th of December, 5802, fo that it was impollible Captain Gardner could be the father of that child, tor the went on board the (hip to him in the month of January, and quitted the (hip on the 30th, or if the remained on board until the 7th of February, when the Grip failed, it was the lateß time, and (he was not delivered until the sith of December, in the fame year, a period 0f,4. yrfeks and three days, if you take the time at which the left the (hip ; but if you take the time, not from the period at which the did *finally leave the (hip and return to London, but from the time of the hufband ring abroad on the Grip failing, there will be a period of 43 weeks and three days, between that and the time of her delive ry ; fo that either period is much beyond the time ; (even makingallowances for thole complaints, which, by the way, generally end in immediate death)--of tae geflation of a woman by the law of nature.— There have been contrnverlies of this kind determin. ed in our Courts of Law, and faithful reports of them are to be bound in nut anticnt books as far back as Inc time of Edward the Third ; and there were le veret of them in the reign of (12een Elizabeth. They .ere well collated and h. - ought together by the Learned Mr. Hargrave, in his late edition of Coke, upon Littleton, where the period of human g eltation is Rated at forty weeks and ten days, whi c h is forty one weeks and three days. That is Rated to be— toff to/roairattrver tarter "aura ; but independently of that, I !ball be able to 'dal:ditto, if not here, certainly before another tribunal, that it is impoffible Captain Gardner can be the father of that child, and that the Defendant, by his own confeflion, is the father, by this unhappy Lady. Gentlemen, it would be waft ing your time to enter into a detail of the nature of the injury which the Plaintiff has full/lined in this cafe. He was married to a beautiful woman, and I am ready to admit, that when a man is called as a milk:of man or a naval officer, away from fuch a wife in the fervice of his country, it is a misfortune to him, rather than an advantage, as far as regards the chance of the conftancy of hG wife ; for when he has an opportunity of attending and protecting her, and performing all the duties of a hothouse], he mutt be more fecure in the prefervation of her honour ; and unquellionahly, the beauty of a woman is mat ter of great moment and fatisfa&ion, and, I may fay,l the pride of a hufband, while her virtue is entire ; but a woman of extraordinary beauty, which I un derftand this lady to be, in this great town, in which we live, unfortunately without !the proteCting pre. fence of her hufband, fortunately and glorious to the charafter of that hufband, as he acquired laurels in the fervice of his country ; yet unfortunate in refped to the honour of his wife ; and that beauty was her misfortune. To Rate the precife period when the intimacy between this unhappy Lady, and the De fendant commenced, is beyond our power. But I will prove the adultery to your pence fatisfaaion." . Sir Alured Clark examined by Mr. DALLAS, prov ed the marri age o f t h e Plaintiff and his wife, which took effott at Madras in the church of St. George, at which Lord and Lady Hobart were prefent ; it was in the year 1796. Crofs-examined by Mr. Gaatow.—l do not recol lelt feting them together in England, but I have feen them both. She was certainly very young, and very handfome—l do not know the Defendant at all. Sufan Baker examined by Mr. EAST." I lived fervent with Mrs. Gardner, in July, 11301. I was not, at firft, the maid who attended her perfon. I did not attend her as her own maid, until near Au gull in the fame year. I went down to Portfmouth with her to fee Captain Gardner, who was going to the Weft Indies. We Raid there a weck—he came on Chore to her ; during the time I law them toge ther, they appeared to be v er y f on d o f one anot h er. I a fterwards went with Mrs. Gardner to Brockton, in Staffordflsire from Portfmouth, to th e h ou f e o f Mr. and Mrs. Woolfley, where we Raid about three months during that time I faw Mr. Henry Jadis in the houfeif was a victor there, but I had no op portunity erring his cantina towards Mrs. Gardner then. Rept at folne diftance from my miftrefs. Mr. y bed room was near that of my miarefa—when we that place, we came to town. I accompanied my efs. I law Mr. Jadis after wards in about three iststeks. He came frequently to vilit my millrefs. Thcie was a correfpondence be tween them by letters." Mr. GARROM." You mutt not talk of letters, un lefs you produce them."—Witnefs.—We did not hear any thing of Captain Gardner until he came into Plymouth, which was, I think, in July. Did you ever fee Mr. and Mrs. Gardner to gether from the time you parted from him at Portf mouth, until he came hack from his voyage ?" Lord ELLEN 11010U011." That relates to a fob jeCt which is extrinficof this iffue." Mr. ERSICINE." My Lord, I know that when a Bill of Divorce comes before Parliament, the minutes of this trial will be looked into, and I am anxious to effablifix the time during which Captain Gardner had no cohabitation with his wife, becaufe that will have a material effea on the deciliosr-reffseaing the birth of the child. I am anxious, therefore, that thefe fiats fhould appear upon your Lordfhip' s not es ." Lord ap pear aoitouGH.—" If the Houfe of Lords will look into my notes for evidence on that fubjea, their Lordfhips will look for what they ought not to find, for the evidence now propofed will only go to effablifh an aft of adultery with Ameba+. That is not the iffue we have to try. The ifTue is on the as of adultery between the Plaintiff's wife, and the De feadald soon shu Record" Mr. Els siNr. "I can prove to a letter what !have Bated to the Jury : that which your I.ordlhip reje6s we muff prove before another tribunal." Mr. Gaitaow.—" I am the lets anxious about it, when I fee who is to decide this caufe, otherwife I ought to have taken an objeaion to this fort of evi dence." Lord Ei.t.satioaouoit.-4 , Whoever is the father of the child is nothing to this Defendant, until you affect him by proof of adultery." The Winters proceeded—" Before I attended my miarefs to fee my matter at Plymouth, Mr. Jadisk.ad been in the habit of feeing her from time to timl I remember, on one particular occaflon, his coming to the houfe, and her going up (lairs to him. I was up (lairs one day, and Mr. Jadis was with my mif trefs. I was fitting in her tied-room. She came up, and Paid — '" She came to look for a fan. She defir ed me to go down (lairs and fetch her fome broth." I went, and Raid down Rairs while the broth was warming. When I returned, I found them in the drawing room t I went immediately into the bed room, and obferved the bed to be very much tum bled. The bed was not in that Rate before I went down flairs. When I went down aairs fur the broth, I left them in the bed-room—when I came up again, I obferved that one of the blinds of the window was down. In January t ;Ica, we went down to Ponf mouth, in eonfequence of fome information which my mißrefs received, and found Captain Gardner there ; his (hip was come in. We Raid there near a month on board the Refolution. When we left Cap tain Gardner, •we went to Fareham in our way to , town. My mifirefs's brother came down and was on board with her : I did not fee Captain Gardner until the July following—but between the time we left him on board the Refolution, and July, I never law any thing of him. After we returned to town, I law the Defendant, Mr. Jadis. frequently ; he tiled to vifit my mittrefs in Portugal greet, where her houfe was. I have known her to go to hint in Con duit•ltreet, which was my Lord Strathmore's. She tiled to go to dinner there; Rte ufed to come very late ; fometimes at four o'clock in the morning.— When Mr. Jadis was with my milkers, the door ufed to be locked ; not in her own houfe, but at my Lord Strathmore's. There vifits were very frequent, and they ufed to flop a long time together. I remember when Mr. Jadis was at my miarefs's houfe, Lord Hobart called in Portugal-greet. Mr. Jadis left the room when my Lord Hobart came up Rain. Mr. Jadis went into the back room, and he did not make his appearance while my Lord Hobart was there.— When Captain Gardner returned in July iBoa, he was very ill, and the Doeor of the [hip was obliged to come up with him. At the time of his return my miltrefs was in a Rate of pregnancy. Captain Gard ner did not Beep with my miarefs when he returned —the reafon was, be laid, that the Doeor ordered him not to !Jeep with her." Mr. G61140W.- 40 This is not evidence." Lord Ettimentottco.=. 4 Yes, I think it is, be. tag an explanation accompanying an ad. I think My Lord Kenyon wept rather farther than this is receiving evidence. The Rate of the health of the party; is a fad,. and this is the reafon accompanying that fait; but, however, we are not here on that part of the cafe to which this evidence applies ; for it is for Foramen/ to fay, whether the yjw field k bejarefifed or not ? The quellion here is fimply—Whe ther this Defendant has committed the adultery Rated upon this Record? But have you any other fad. Mr. Els It I/4 I, on the fubjed of the adultery ?" Mr. ERS KIN I.—" 0 yes, my Lord." The Witnefs—" After July I never faw my LIU . - trefs and Captain Gardner together -1 Jaw Mr. gar and my nuftrrli in Leif together in South Andley pert, in Captain Gardner's knife. It was after Captain Gardner returned. It was about December, as near as I can recoiled. It was after the was brought to bed. Mrs. Gardner was brought to bed on the Bth of December. I cannot fay how Gaon after Mrs. Gardner was brought to bed, that I law her and Mr. Jadis in bed together; it was about five or fix weeks afterwards. She ufed to come home from my Lord St-athmore's, about three or four o'clock in the morning—lhe has Raid there all night. I have been at the door, and fhe has told me fo. I have re ceived orders from her, when I left her there, to come and meet her the next morning, fometimes in Grofvenor-greet, and fometimes in South-Audley- Rreet. When the ufed to meet Mr. Jadis at my Lord Strathmore's, my Lord Strathmore's family was not in town. Mr. Jadis's fervant ufed to let me in, when I knocked at the door." Crofs.examined by Mr. GARROW." She Raid out fomewhere all night frequently ; but i never went in the morning and found her at my Lord Strathmore's. We continued at Mr. Woolfley's for three months, then we came to town; but we had not been a very long time in town, before that circumftance occur red ; about fix weeks, I believe. Captain J. Gardner and Mr. Jadis were not at all acquainted, to my knowledge ; I never law them together on any occa fion. I never law Mr. Jadis in Mrs. Gardner's com pany,in the pretence of Captain Gardner, nor in the pretence of Captain Gardner's relations, or her rela tions. Mr. Jadis is a very young man ; but I cannot fay what age he is." Admiral Caldwell examined by Mr. ERSICIIII. " I am acquainted with Captain Gardner, and have been ever (ince he was an infant.--i was not in the EaR Indies when he was married.—l was anxious to fee him, and I did fee him during his refidence in England ; frequently after his marriage. I faw him before he was appointed to the command of the Ruby, and afterwards to the Refolution. I law him hun dreds of times; and I law Mrs. Gardner almoft every time I faw him, except when I happened to meet him in the Amt.". O You thought her a very beautiful woman, I believe, Admiral ?—A. I did not think her as hand. Tome as rthers did. (Z_Did is appear to you that they were affectionate to one another ?—A. Moll certainly, without a doubt, becanfe for one year they lived next door to me in Charies.lireet, Bei kley.fquare. I recoiled Captain Gardner going to the Ruby, but I cannot fay what time; and I recoiled perfectly, he went into the Re. foisitiqn, in the Channel, afterwards; but when he went abroad I cannot recoiled. Mrs. Caldwell ufed to vifit Captain Gardner and his Lady, and they vi fited one bode, and have had card parties like other vikors. Mr. Gaattow commenced the defence in the fol lowing fpeech : " Gentlemen of the Jury, I have the misfortune on this occalion to be one of the Counfel for this un fortunate Defendant, and I (ball give you very lit tle trouble in this cafe, becaufe I know your good fenfe and moderation in the adminiftration of juttice, for although yon mutt find a verdia for the Plaintiff, I am quite Cure you will notgive outrageous damages In as to ruin my client, which would be the inevita ble confequence of very large damages. Gentlemen, it has been the falltion of late years to give very large damages in anions of this nature. I am not difpofed to quarrel with thofe verdifts. I think that in a great many inftances they were well founded. When you fee an artful man going through a plan of the feduc lion of his friend's wife, availing himfelf of the ad vantages which the laws of hofpitality afford, to gain an aicendancy over the affections, and then to debauch the wife of the friend of his youthful days ; pretend ing extraordinary friendthip for the hulband, affeaing more than common fentiments of morality, or the like: In all there cafes, damages are, and ought to be con fiderable ; but this is a cafe in every refpea direaly the reverfe of any of thefc. You find a very young man coming into the, company and acquaintance of a very beautiful young woman ; left without any friend to take care of her, as appears on the evidence befo r e you ; arid as my learned Friend Mr. Erfkine molt truly hates, it was the misfortune of her hulband to be obliged to leave her, and the is left entirely to herfelf at an age, and under circumffances, molt likely to produce the very misfortune which has hap pened. I'o prevent her falling into this misfortune, the ought to have had the care, if not of her bur band, yet of fomebody to keep her out of the way of temptation. Inflead of which, we find her on a vilit in the country, and this very young man, then Ccarcely of _age, has an opportunity of being in her company. Her manners were engaging as her beauty was admirable. They were much together, but not from any preconcerted artifice of this Defendant.— And while they were together at Mr. Woolfley's, you find that the concluft of this young man was exem plary—no attempt was there made to (educe her. He was alto wards fi,rrounded by temptation ; in every hour he was affailed by the force of :ivelinefs and beauty. They come to town ; they meet at the Opera, and other places of gay retort. She meets him at Otte places ; the is alone in this diflipated town, without a guide ; he vifits her at her houfe, and the, unfortunately, returns his vifits, and this leads to the confequences which we all lament ; but here is no plan of fedudion laid, no friendlhip be trayed, for it does not appear that this young man ever (poke to the Plaintiff, or to any of his relations, or of hers. Why then, Gentlemen, have I not a right to afle whether this is not a very unfortunate cafe on the part of the Defendant; whether he has not fallen under a temptation that would, perhaps, have been too much for more experienced perfons than himfelf? If this be the complexion of his cafe, you will not punith him too (curtly. Ihea are all the obferva riots I have to make, and I now comm;s my el;,, to your moderation and your jutlice, %filch, in chi cafe, are convertible te r ms. Ido not apologife for him, he certainly is guilty of doing what he fltould not do, and what the law prohibits ; but he was in a fituation that ezpofed him to a temptation whic:l could hardly be refilled. He has fallen under the temptation, as almoll any other man under the fam • circumbnces would have fallen." ------ --- Lord ELLIINSUROUGH then addreffed the Jury as follows : " Gentlemen of the Jury—ln this anion Captain Gardner leeks to recover damages for an injury he has [Whined by the ea of the D e f en d ant , which is, that of a criminal correfpnndence with his wife. As to the fad of the adultery, there is no doubt, inde pendently of the circumtlance of their being found iq bed togethe, after the was delivered of a child in De cember iBo2. The intercourfe which took place be tween them at her hnufe in Portugal-Greet, whcii tile maid was fent down for the brother, proves it ; for, it appears, that when the came b ick, the found the bed cloaths tumbled, that could hardly leave a : A tional doubt of the an of adultery ; and you obfet tr, that the blind of the window was thut, and nobody elle had been in the room. Thefe circuretances hardly leave any doubt that a criminal intercourfe took place between them at this time. We have not any evidence of any real arts of fedudion, by which her virtue was nndermined—fhe appears to have been at the houfe of Mr. Woolley for three months while the Defendant was there. Whether what afterwards happened was owing to any artful advance on his parr,or blameable facility on hers, does not appear, bnt it does appear that the had not the ordinary precaution of putting the bed-cloaths in order, or to put hack the blind of the window, after what had happened ; from which we ought to conclude, that the was not, at that time, a woman of any confiderable referee, or care of ber charader, (ince the fuffered her fervant to fee what had palled, and hardly left any room for doubt of her criminal intercourfe. The vifits alfo which the paid to the Defendant at Lord Strathmore's ; her flaying there until four in the morning ; and her wo man tieing her in the Greet after the had been out, or at leaf, , from home all night, are points to be cott. fidered ; for all this thews the condo& of a woman who has taken leave of her reputation. This is'an anion for the lots of the affedion of a wife, and the amount of that lofs ought to be eftimated by the value of that affedion, which is in proportion to the virtue of that wife before the ad of adultery war committed : if you think, from the evidence, that the was a woman of wanton manners, who might have yielded as much to the advances of any one, as the did to this Defendant, or was as ready to meet him as he waf to addrefs her, in that cafe, her cha rafter will go in mitigation of damages, and mix in your confederation of the cafe. You will confider whether this be a cafe of an aggravated kind, by un dermining the virtue of a woman who was more than under the ordinary protedion of the law, when her hutband fetcher, not on an idle porfuit of plea fore, but in confequence of being called abroad in the neceffity of the public fervice—or the mere mif condud of the Defendant, without any circumflances of aggravation. You will confider what damages are necetrary for the injury done to the Plaintiff in re fped to fuch a wife as this." _ Mr. Bain swat t., one of the Jury, Wetted, there was no evidence what were the cit coma:ince' of the Defendant. Lord Ect.fxsoaouc tr.—ge I think that ought not to mix in your confideration, becaufe the quellion is, what is the amount of the ittjwy lone to the Plaint if, not what are the eireptastimees of she Defendant." Ver did for the Plaintiff—damages On, Mislaid Pounds. Certificate from the Judge that the caufe was fit for a Special Jury. On Saturday the late Lottery Sailed drawing and Tickets and Shares for the Spring Lottery will' be ready for delivery in two or three days. For the Scheme, fee another part of our Paper. A Court Martial is fitting at Torbay, on Captain BLIOH, of the WARRIOR, w ho - is charged by one of his Lieutenants with tyranny, unofficer-like, and un gentlemanly behaviour. The Court fat for a lhort time on the 25th ult. and had not finiihed when our accounts came away on the following day. Saturday a confiderable number of letters were re ceived from New York ; they do not, however, add much to the information of which the papers to the 3d ult. previoully paella us.—The fhip Afpafra had arrived at New York from the file of France in 8t days, and brought letters from thence dated Novem ber }. We do not, however, find that they mad!: any communication refpeding the belligerent (qua drons in thole feas. The Upton Cattle and Charlotte, taken by Limon, were lying at St. Denis, Ifle of Bourbon, and are the only Britith prizes mentioned. A Dutch Eall Indianian, named Elizabeth, with a valuable cargo, from Batavia, and die American (hip Penman, with Dutch property, bad been captured by the Englifh, and fent to Columba. The French frigate Prerdent, continued in the bite of Crany Ifland. The Britilh frigate Caesaalas bad failed on a cruize, in the hope that the enemy would take advantage of her abfence to pat to fea. The Navy Board has given direftions for two Hoops of war being built at Halifax early in the fpring, an order to afcertain the expediency of building chips there on a more extended plan. Three or four Blitint (hips of war were cruising off Martinico in January, but had not refumed the blockade of that illand. Neutral wird:, freighted with the produce of the French colonies, are admitted into the ports of Franc e on paying the f ame duties as are impofed on French bottoms, which is one-third lefs than on foreign (hips. This encouragement has induced feveral Americans to embark in this carrying trade, which they clicguile by conveying the produce, firil to the United States, and then conveying it with frefh papers. The embargo which prevailed at the Ilk of France in confequence of a Britifh fquadron being off the island ladled fiuty-three days. Several American 'dell, which in Ana and September arrived at Batavia for cargoes, were oblig. ed to proceed to China in ballaft, the Company there having refolved not to fell. Several neutral yeah, with cargoes from Marti nique, have been fent to Antigua by the CAR TS• FORT and others of our cruizers, but in numerous in- Itances they have igen rcleared foon after., i f • Y; • • * ; ) t i „ • I 1-1 .4 d pi