Star. — London, England, 1818-12-05 00:00:00

001 1 11 1 j 4 , t 1 . I 1 I / , t 1 past. Mr. Brightman Awns behaved te his wife with the °trao !. tendemeskand affection, never saw any one more so' they ileitth e appily. together so far as he could observe, anci'Mis. Brightnian - had so expres sed herself to h , m. Mr. Brightman is, a very good tempered man ; does not know Mrs. Brightman's age, but.should suppose about 27 or 28, Mr. Bright man between 30_and 40. Cross-esansissed.—Was generally one of the Sunday pts ; Mr. Brightman kept an excellent table;— ?4rs gri . Brightman was a chatty woman, could not say she was handsome ; some people might admire her and others not. Witness had met the defendant at the Sunday Myties, but never observed any thing particular in rs. Brightman's behaviour towards him. Had met with Mrs. Brightman in society. Cannot say what quantity of claret was drank. Never staid to supper. After tea there was brandy and water. Mr. Jones knows the parties ; is a near neighbour d Mr. Brightman's, and lived for some time nest docit to him. The marriage took place in the house at Sibpoa, but he was not present at it ; was in ha bits of ,intimacy with Mr. Brightman, and dined and breakfasted there often. Mr. Brightman conducted himself towards his wife " evenly" with kindness and aTection, and witness never heard so much as an ill natured word pass between them, and her (Mrs. 13rightman's) conduct was equally good. Cross-esfimined.—ls a married man; knew Mrs. Brikhtman before she was married to either of her husa.inJs, ten or twelve years ago, nearly nine years before she was married to Mr. Brightman. Witness was present at her marriage to the late Mr. Corti ranc, by whom she had three children; frequently saw her ; she was lively, and better informed than most women are. Does not understand/what the learned Counsel means by free, but be never knew any thing criminal in her conduct. She was fond of attention from - her own sex as well as from the men. Witness was absent frt;m Calcutta at the time of the birth of the child—he was absent on business three months and five days; he returned in the month of April; the child Was born then; thinks he saw it then. Mr. Fassr.—How old did the child appear to be then? Mr. Fr.nousrcm—How can Mr. Jones tell that? (To Mr. Jones).—l-low old do you suppose my learned friend front his appearance? Witness never heard when it was born, it was a •ery s^. - ..111 child. Witness had been married six years. Mrs. Jones seldom visited at Mr. Brightman s, a 7 w kept home attending a child, who was in ba.! health : but she s: •x often there at dinner, and . at b &c. Mr. Bryant knmas ?:r. Probatt: knows his .hand writing, and has s:en him write: says some of the rotes are in the hand-writing cf the'clefendant, Does where Mrs. Brightman is at present saw h= some days ago in the Circular road : believes lie saw her oa the 13th of March ; is sure Ire saw her on the day Mr. Prolsitt was arrested in his (the wit rams's) own house. Does not know where Mr. Fro bait ityed when he was arrested : believes it was in (the witness's) own house ; he left him there at night rr:d found his} there in the morni.::. Mrs. Bright.' man and Mr. Probatt came to ha house at twelve O'clock two, nights before: does t. know whether *ay; slept in the same room: there was no room pre-' paced for them. Mr. Probatt came into witness's roam after he had retired to it, and afterwards left' it. There are four sleeping rooms and a hall in wit ms'.l house, two of4vhicli are occupied by himself and a person who lives with him ; the room of the latter was given to Mrs. Brigl:tn,:in and another fitted tip instead alit. Did.not see but that Mr. Pro bait might have slept on the coach in the hall, though it was not fitted up as a bed—it had neither curtains nor sheets; does not know that Mr. Probatt told him any thing about this. Ladies had come to his house at night; does not know what Mr. Probatt said when he brought Mrs. Brightman to his house; he was too much agitated to speak ; he introduced him to Mrs. Brightman. Mr. Probatt did not ask leave to bring Mss. Brightman, nor did witness ask %%halter she was to remain. Mr. Probate knew well enough that he would give him an asylum. lie knew Mrs. Brightman at the time. Mr. Probatt did not state his reason for bringing her there ; that was, unnecessary, as he Lad heard that she had goes turned out of her husband's hou.a: on account 4 some discovery. Does not recollect any thing that passed, not even a wet d that Mr. Probatt said. ttlr. P.esbatt did not inform hint why he came there ; he took it as a matter of course, though such a scene Lever occurred before in his house. Probatt seemed to signify, that it was something in which he had been concerned that had caused Mts. Brightman to qqit her husband'r, Louse, and said he =Ara to o *get her. He mash. no request as to bed-roornt, al though he expressed a wish to have a small house. Ib thinks it was in consequence of what he said that a bectroorn was prepared, though he is not certain. Witness gave orders for a bed to be prepared for the person whose room was occupied by Mrs. Bright man. Ile could not order one for Probate, as there was no other is the house, lie was led to think that Probate would.. pr's the night at his house, becau.;e he told.bim he would, or at least probably would ; dues not know whether they slept in oae bed, there wasbt.tone extra bed prepared. Nur.Jra, bearer, hasbeen two years in Mr. Bright stan's service ; knows Mr. Probatt, who liyeti with his roaster at Sibporc ; recollects the time Mr. Pro batt came over with Li, master. it was about the tine of the great holiday, hut does not know when Probatt came to live with Mr. Brightman. lie did not chaos Web= away naked, it was the chokedars •55.1.0 did that. Witness knows Captain Kydd, he livzd with Mr. Etightman at the same time as Mr., holiatt. sow Mrs: att. Brightman and Probatt in Captain Kydd's Tann, and saw them come out of it. About 15 days beforeMts. Brightman left the house, witness went up stirs to clean tl.c furniture; he saw Ms:Brightman jookißg throu g h a spy glass, she vent soon •ifteiwards down stairs, when he came down, aU Use doors were open but that of Captain g r id ; room. Witness stood in the dining•room and saw Mis. Brightman and Probatt come out of Cap tain Kydd's room ; they might have been there half an hour, but witness cannot be positive. Witness went into the room, there is a bed and a couch in it. the sheet of the couch was trampled and soiled with the blacking of boots ; when they came out of the rimm, Mr. Probatt had on his , Isual dress. Witness - went and told Mttddun, the Mate-bearer; Mrs. brightman and Probatt went to tiff, and witness to carry the chattah to Mr. Henry Brightnian, who had just landed. Captain Kydd slept in that room, but o n a different man. Mundun has been fifteen years mate-bearer to Mr. Brightman ; confirms the first part of the testimony, in as far as Probates coming to Mr. - Brightman's house. He remembers. about twenty-five days ago, his mistress left the house, it was after Probatt had quitted it. It was on. the night on . which Probatt quitted the house, he got the watch and other things he held in his hand. He attended Mr. Probatt as bearer ; Mr. Probitt slept in Mr. Brightman's dres sing-room up stairs; witness carried the couch up there every night, and in the morning took it back to Mr. Kydd's room. There is a private staircase, which communicates between the 'dressing-room and the bed-room of Mr. and Mis. Brightman. (This witness gave further unequivocal testimony, that a woman had slept on the couch in question). Mrs. Bright man gave him orders to change the sheets ; they were clean put on the day before. On the night of the disco-cry, witness was awakened by a noise of his master running down' stairs, . and calling out, "seize! seize !" Mr. Brightman, Kata, and Nun dun ran first, witness followed, but could not over take them. At the west door witness found a night cap which he knew to be Probates ; in his own room he found his"watch, neckcloth and boots. • (;rocs - examined . — There are metrances ar.d ayas in the house. Kala has been sirdar-bearer to Mr. Brightmens for seventeen or eighteen years ; eight days prior to Mr. Probate's quitting . the house, his master and Captain Nicolls went out to dine. About ten o'clock at night he put out the lights and went to his master's dres sing-room, where Mr. Probatt slept, to fetch his master's drawers and slippers ; he found Mrs. Bright man and Probatt talking together on the couch ; the bed has curtains, but can: of say whether or not they were within them. It was dark, so he could not see them, but the room was small and surrounded with furniture, so that they must have been on the couch. The ADYOCATE•GEKERAL then argued against the letter's being taken in evidence, as it was not proved that his client had written them: they had neither date nor signature. Mr. Fzuousson replied, that the letters bore evi dence for themselves ; several of them to be sure had no signature,but the hand-writing was not attempted to be denied ; that the person they were addressed to was called Harriet, Mrs. Brightman's name; that they spoke of Charlottee, 'Mrs. Brightman's child ; that they spoke of R. being jealous ; this B. every body must see was the initial of Mr. Brightman's . name, and one of them was signed Henry, the defen dant's Christian name. Under all these circumstances. he asserted th the evidence of these letters.was. as good ar if they had been written and signed before witnesses. The letters moreover were shewn to Sir A. Buller, 2.1 hours after the discovery was made. Mr. Kinsey was again examined, to prove that there was no Harriet i.: the house to whom these let ters could he addressed they were found in Mrs. Brightman's bureau b> Vh. Bri;;l:tman ; thinks the letters arc certair.ly Probatt's. i (The letters were adn:itted merely as collateral , or uence). The AnvocATE-Cr'!..a.s:, then rose to address the Court in reply. Ile laid great stress on the difference ' of criminality which existed between the case then before their Lordships, and the one which had oc • curred a few days previous. If we looked upon it in the abstract, there war nothing of that aggravat ing nature which his learned friend had insisted upon; in fact; it was one of those common-place centers, • which came before Courts of Justice every day, and no plea had been urged to render extraordinary da mages. The plaintiff was certainly a man of respect ability, but it w'ts a most extraordinary thing, that, with the exception of Mr. Wilson and Mr. Jones, whore evidence was but very limited, no man of his own rank in life had been hret:ght forwald to prove the terms upon which he and his wife lived. The rest of the witnesses were his ship Captains and de pendents, and (wit these gave evidence only as far as they could judge from seeing the parties on a convi vial Sunday meeting. How happened it that none cl the numerous inmates of his house, who must of course be better acquainted . with his domestic habits, were not 'brought forward to prove his domestic fe licity ? and none of all the evidench say any thing as to the character of the .: - om.rl, whose loss is held up as so irreparable. Mr. Brightman is stated as a hos pitable man, but his hospitality seems to have amount- • cd to no more than a good-natured profusion, and his hospitable mansion was more of the nature of a hotel for peolde in a lower rank in life than himself ; • when all this is considered, the Court must be con vinced, that if Mr. Brightman ha's not criminally con tributed to his own dishonour, he has at least been culpably imprudent in not having used any means to protect his own honour and that of his wife. Mrs. Brightman is stated to be a well-educated woman ; . these were not society for a woman of education. .She is stated to have been fond of admiration and flattery ; here she is left exposod to a double portior of both. The Learned Counsel on the other side had laid great stress on the letters ; now he thor;ght that these were much more in favour of the defendant than the plaintiff, as a woman who could be seduced by such ridiculous jargon, which would almost dis grace the pages of a modern novel, could be of no great value as a rational companion to any mar, and consequently was not worthy of vary exorbitant da mages. Had Mr. Brightman done justice to Mr. Pro batt, he would not have allowed a young man in his situation to have partaken of the luxuries of his house; and, at all events, if a man who has a young, vain, chatty wife, will indulge himself after dinner with a skinful of claret, and wind up in the evening with brandy and water, he must expect such accidents. The Learned Counsel here quoted Hans Carrel as an adjudged case in point. The Advocate-Gene ral then proceeded to refute the opinion of Lord Kenyon, quoted by Mr. Fergusson, g' that a man who cannot par in purse must pay in person." lie' said that Mr. Probate was poor, and that heavy da-! r• ges must confine him to prison for life—a punish anent by no means commensurate with thecrirrie, as Mr. Brightman's loss was bet very trifling, indeed ; and if punishment was the end proposed, the crime, in this case, had carried its punishment along with it, for he could wish no man so great a puni shm ent, its to be chained for lite to such a woman. He then adverted to the proof, which, he said, wac particu larly meagre, and that if it was appealed from this to the House of Peers, it would be better for Mr. Brightman that he were nonguited, and had brought a new action founded on the proof of adultery which had occurred after Mrs. Brightman's elopement. Sir H. EAST, in an impressive speech, summed tip the evidence. He said that this was the second case of the kind that had come before the Court this Ses sion, and that the rapid progress of this vice was ap palling. Those men who had sed*ced these women from the paths of virtue and the bosoms of their fa mily, to plunge them into vice and misery, must look upon themselves as the murderers of domestic peace. He traced this laxity of female virtue to the system of female education, particularly to the perni cious habit of novel-reading, which, instead of pre - - paring a woman to resist the temptations she may meet with in the world, sows the seeds of vice, which only needs temptation to bring them forward. He gave damages at Eight Thousaucl Rupees. OLD DAILEY SESSIONS. FORGERY ON A SAVING MINE. Yesterday George Prideaux,aged 24, and Thomas Faulkner, whose trial stood over from last Sessions, in consequence of the illness of a material witness, were put to the bar on an indictment which charged them with having forged, counterfeited, and uttered, on the Bth of June, a receipt for the sum of 1:100, with intent to defraud a Saving Bank. Robert Parrott deposed that he was the Actuary of the Saving Bank at the west end of the town, cal led—" The Western Provident Institution." Wit ness produced and verified the enrolment of the So ciety. Tl:e establishment was situated at No. 13. Panton-street, Haymarket. The Trustees of the So ciety were Eduard Adolphus Duce of Somerset, John George Earl Spencer, John Julius Angerstein, and John Drummond, Esqrs. On the 18th of April, witness, as Actuary, received from two persons one hundred pounds, who stated that they came in be half cf the Society called the Horseshoe F:rid. He, received it in the names of Thomas Prideaux and James Jones, as Trustees for the Benefit Society. A deposition book was given them by way of receipt for the money, and a duplicate of the entry was made' in that book. If the parties who deposited sums of, money wilted to take out their money at a week's notice, they came for that purper.e. On the 20th of, May last the usual notice was given for the removal of this money, and the deposition book was produ ced. Witness could not say that either of the priss ners were the persons who gave the notice. On the Ith of June the money was drawn out. On that oc casion two persons came and produced the deposit book. An entry was made according to the usual form, denoting the principal received, and the inte rest which had accrued thereon. 11 itness wrote the receipt given, and those persons who received the money signed it in his presence. The money paid by witness was two 12,50 Bank of England notes.— Witness had a knowledge of the prisoners, but he could not say whether they were the persons who took out the muncy or not. Edward I)ochetty said he was a member of the Horseshoe Benefit Club. Prideaux and Fauli.ner were their Stewards. '1 heir money was kept in a box, which had three separate locks and keys, and ail diEerent from each other. The two Stewards kept one, and the landlord of the Princess Charlotte, in Swallow-street, where the Club was held, keeps the other key, so that the box cannot be opened unless all are present. The prisoners were Stewards in April, and afterwards Robert Dixon and Thomas Blake be came Stewards. William Salter, a servant, stated, that about sit months since he met Faulkner at the corner of Whit comb -street, and he said— ,, S alter , you are the man I wanted to see." Witness asked him what far? He replied that he was going to draw one hundred pounds out of a Saving Bank just there, meaning, he suppo sed. Parton-street, and he told witness he would give him a pound note if he would go along with him.— Witness told him he wanted no pound note of him or any other man, but if he could Jo any good he shoul.i be glad to do it. On going opposite the Sa ving Bank, he said that one of the Stewards of their, or our Society, was ill, and he therefore wanted a witness to sign another man's name. His words were, " I want you tc, sign such a name" (mentioning it), but v hick witness could not recollect. Witness told him he would not sign it. if he gave him five hun dred pounds, and they separated. There was no man with him. Edward Fuller was a farrier, living in James s:. et, Oxford-road. On the 9th of June, Faulkner, with whom he s% as well acquainted, came to his lodgings. lie was not at home, but met him in the street afterwards. Faulkner offered to take witness to Ascott Races, and a place of meeting was ap pointed for that purpose in an hour. They met ac cordingly at the corner of James -street, and there Faulkner pulled out a bundle of notes, saying—“ I can get more money into my pocket by walking about than other men can by hard work. Benjamin Smith, a member of the Herse-shoe Fund, proved that he heard Faulkner say, that if the Society should advertise the depositor's book, he would find it fur £lO or less. The case for the prosecution having been con cluded, the prisoners were called upon for their Li der. ce. _ - - - . - - Thomas Faulkner declared that he had nothing to do with the transaction. For the last four years he _ . . had not belonged to the Club. He had never been inside either the Savings Bank or the Bank of .Eng land in his life. He assured the Gentlemen of the Jury, that this was nothing but a conspiracy against his life, for being on a contrary side of the question to the members of the Club. The prisoner Prideaux declined making any de fence.—The following witnesses were then called to make out an alibi: Andrew Arnold said he was a bricklayer, and had knowr the prisoner Prideauz for ten years. On the Bth of June last, witness saw him ill in bed, at his mother's house, at about half-past nine is the morn ing. lie remained in his bed-room for as hour, and then went into his sitting-room, and continued here 'until fire o'clock. He did at believe that the priso ner could have gone out without being seen. James Williams saw the prisoner at his father's shop at about half-past eight o's.lock on the morning of the tell June, apparently very ill. lie scented an. had . juct returnee from 1.1: wc.:k, afterwards went to bed, and u;:ncss the sitting-room all day. Tomason Plideaux also proved taa the prisoner, on the Bth of June, was v He got up at six o'clock, and came h very ill of a sick head-ache. Witne , ,s ling-room all day, working, and her not have gone out without her knowle( have passed through the sitting-room out. Mr. Williams, the last witness master, and came on that day to pc' books. Ile came at one o'clock, ar..l (.] till three. The Actuary of the Savings Pan.k and stated that the money -.vas Bank at about a quarter past twelve L; Bth of June. A great number of witlle , 7res were cal both the prisoners a goad character. Mr. Baron WOOO summed up th the Jury at great length. He übser, ct dence in this case was wholly was no distinct proof that the prisonc:s sons who received the money ; but thee very strong circumstances to impiicate the Jury would take into their consider, thought the circ um stances were too sligh of.coursc, find a vcrdict iktordingly. The Jury retired ins abut ten min turnxl a ver,li-t of Not Guilty against soners.-11ey bowed to the Court and The trial lasted eight hours. The following prisoners were convict W. Sutton, J. Morris, T. Muinns, Jfres O'Hara,l). W. Davis, and W, Mather, fork_: Notes in their possession ; J. (keen, fir Fte.h:. chief; W. Davis, for stealing Gve knives rid for stealing a watch ; 11. 11.—eFT, for stigirg a 1:y and L Tyndale, for strafing .al in imiwy ; stealing two pair of shoes ; J. Taus, for strati ^4 Yesterday morning, at an early hour stated his name was Stephen Norton, w Camberwell by Smith, a Lambeth cor. heavy- load of timber." Upon inquiry b was discovered that Norton had been e watchman by Mr. Mullins, of Camber tect several unfinished buildings from and that . the, found in his posse: of what he tad been paid to take especi Monday evening, about dusk, some vi the house of Lord De LA Zocat, in St and, during the temporary absence of out of the kitchen, contrived to enter th from which they stole a namber of art The robbery was not discovered till san when the servant going to examine the the articles. The circunhtarce v-4! i; municated to Lady De La Zoteu, dispatched a messenger to the Police 1 Marlborough-street. The Sitting Magic: officeis to cramine the place, and code some clue towards the apprehension of They examined the hoot and batik do doves, &c. all of which seemed perfectl) had no appearance of a forcible ent: been effected. MAxRIED. Monday se'rtnirht, at Blew .irn, Ur. Harry in Glasgow, to barbers, daughter of the late Gordon, Invercharron. At Fincastle, en the lead uh. Dr. Daum Friendship, St. Elisabeth, Jamaica, to Miss Swat only daughter of Colonel Stewart of Finagle. _ _ DIED. At Clifton, on the Gds ult. the leant (Lc; Hall, EN. The Ha ult, at his house, Inverkeithleg, Esqof Sunnyhank, and Provost of Ineerheitbi Nov.l• 27, at 'Sedge's, Archibald Jamiesorn wl the healing at there for upwards of 2S fears. Nov. 18, at Stranraer, Elizabeth Ann, aged Robert Hannay, Esq. Collector of Customs at 1 In Camp before Cbandab, Mr. Km. Has* :eon on the Calcutta F.,tabliihnsent, and lately Corps of Artillery before Chandah: This Ge death by the ulifortunate accident of his rifle ex the act of loading it. Whilst on a survey with a reconnoitring part Cbandah and its defences, Mr. Archibald Ander • Surgeon on this Establishment. He was shot tl by the last gun that was fired by the party. NEWGATE •so LE kDENI (Dy the Beef 3s 4d to es ed Mutton 4s Od to is 4d I 'HALL MARE] Carcase.) Veal .........4. IPork .....4a it' HOPS. PRICE brZW 111AGU. Kent 5l los to 71 Oa SUEMX SI 5s to 61 Os Essex Ol os to 01 Os Foreign 5l los to 41 45 "sty et Kent CI 1 Sussex 61 Essex n Farnham llll PRICES ov HAY a.vro S' sr. James's. Hay —6l 10s Gd to 81 101 Od Straw el 17s 6d to 51 6s Od Clover 71 Os Od to 81 les Od tTRANV YEST MOM Hay... 71 Ot ( Straw el IE4 Clover 81 101 PRICE or TALLOW, SOAP, ays CA St. James's Market Ss 7. I Town Tallow.. Clare Market Os od I Yellow Russia Whitechapelklarket......ss 4d I White ditto... (per stone of Slb) I Soap ditto..... Yellow Soap, 112s—Mottkd, 124s—Curd, ;is Candles, per doz. 14s 6d—Moulds, i RAW HIDES. Rest Heifers and Steers (per I Ordinary ...24 stone) 2s sd to 3s ed Market Calf 1: Middlings 2s 4d to its 6d Eng. Horse th Sheepskins—Polled, 5s ed to 6s Od—Downs, Shearlings, Ss Od to 6s Od—Lambs, 5s *5 COUNTRY MARKET& noun:ion, Dec. S.—Wheat, per load £l7 I Barley, per guru ter. s2s to 72s—Oats 36s , 70s to 763—Peas, 7Gs td 80s—Rye, 00s to C ChrOILD, Dec. s.—The price of a Bushel of —Th. Half-peck Loaf, Wheaten, 2s id—Hou Newsusr:l3gass, December 3.—Wheat, 71s 42a to 71s—Damo, 35s to 42s—Beans, t, to R4s.—Dread, Is Sid to Is 10d. per Gallo; HANNAY, Dec. 5.--Wbeat 9• to thl. Od•- . tO 11/ Od—Vetches, Os 0d pet busbeL—Dark) —Oats, Sils Od to Ws Od per quarter—Dread peck—Flour, Os to 00s per sack. PRICE OP STI ft k . Stock Iteduced 78 77 7 , 78; Cons. 7N 79.1 34 per Ct. 871 SS} 4 per Ct. 953 96} Navy shut !ICS YESTLIt Long Anns. India Band: Exch. Bills Onm. I -I- 1 Cons. for A 1 Lottery Tic - - - - _ HIGH WATERat LONDON BRIDGF. 1 Naming - i 7 min Afternoon - : ['noted aid published bq Lam Fli,c,