Star. — London, England, 1808-12-21 00:00:00

at hi s brother's house, and he understood that their int i ma cy arose from the Defendant knowing Mrs. p arr from the time she was an infant. Mrs. Parr must be now about 28 years of age , she having been ver y ne ar 18 years of age when she was married. Mr. i i i • ison, h e supposed, was between 35 and 40 years io f ag e, and his brother, the Plaintiff, a few years lower, b e ing, as he believed, about 41 or 42. He never saw any familiarities between the Defendant and M rs . Parr, to raise his suspicion of any thing impro per passing between them. On the 10th of January, 1807, •his brother was seized with an in disposition, approaching to insanity, and he found it n ecessary to send him to the care of Dr. Chute, i t he keeper of the Lunatic Asylum.) Mrs. Parr left ~e rp eol on the 14th of February that year, and took w ith her her youngest child, about 16 months old. It was not with his permission that she did so, but d e cidedly the contrary. Since that time he never t h o ught his brother quite well ; he having been guilty e l inconsistencies and extravagancies.— The Plaintiff b a d been first seized with a brain fever upon occasion ( idle election in l 790, and had been sent to the care d Dr. Chute, by order of Dr. Currie, for two or three mont hs. He was then furiously mad, and, although on m i s chievous, his raving was horrible for several months. —Upon his recovery, he took an excursion to the Lakes, and then returned to business. The mad ness came upon him a week before the election was over. le e thought his brother had been taken away prema uuely from the care of Dr. Chute, by the advice of a me di c al brother, and confined at Mr. Holmes's mad house, Clapton, and was under the direction of Dr. m ov e; Mrs. Edward Parr (the witness's wife) was now inLondonlrebjeeneed by the Defendant, she having left her son at the point of death. He was Attorney e this action for the Plaintiff, and it had been begun s hale before Michaelmas Term, or about the middle of October last. His brother had again fallen into a deep melancholy since the 14th of November, 1807, and is entirely unable to attend to business ; for one week during the election for Liverpool, his brother bad never been to bed, having greatly interested him. self for General Tarleton, by which he brought on a c omplaint, which Dr. Currie called a fever on the brain. The reason why the action was not brought sooner was, that he had never heard any thing of the subject then before the Jury, previous to the month of August last. Jane Hughes was ie the service of the Plaintiff and Mrs. Parr from July, 1801., 01 their establishment broke up in the summer of 1807. The Plaintiff and his wife appeared to live together very affectionately : be was a tender husband, and she was very much attached to him. The Plaintiff was a very affectionate father. The Defendant used frequently to visit Mrs. Parr while the Plaintiff was at his counting house, about a mile from his dwelling-house. The witness am proved, that at one of these visits, in 1805, she law the criminal connection between' the Plaintiff's wife and the Defendant actually take place in a par km, which she was induced to enter upon some pres ence, in consequence of suspecting she heard some bing wrong overhead while she was in a cellar indemeath. The witness left the room and burst nto tears ; the Defendant followed her, and she told !aim it was a shame to act as he had done. The Defendant said a great deal to the witness, which she did not recollect. • Upon her cross-examination, the witness said there were two or three other servants kept, but they were eotattiome at the time. She had suspected her mistress before then, in consequence of'what an old male-ser rant of the family had told her some months before. The door in which the connection took place was sot locked or bolted. The witness told one of her fellow-servants immediately of the circumstance, and mother soon afterwards. Mrs. Edward Parr next eked her about the affair, having heard it from one of these servants. This was after the Plaintiff went a Dr. Chew's, and about July, 1807. Mr. Edward Parr was in the parlour at the time. The witness remembered her master and mistress going to Shrews bury races, and remembered the Defendant's sleeping at her master's house many times ; but could not re collect whether her master slept at home then or not. Jane Edwards lived with the plaintiff while he was taken ill. About a month after which circumstance, she went with her mistress to Heath Cottage. The defendant 'came in a few days to dine there, and was frequently there afterwards, but never staidlhere all night. John Brain, who lived at the Cottage, said, that Mrs. Parr came there on the 14th February, 1807. The defendant might visit her four or five times 'a week. He and Mrs. Parr frequently walked out anti in arm, Mrs. Parr's sister accompanying them. The witness had often gone to bed and left the de fendant in the house ; but could not say whether he staid there all night. Mrs. Parr left the Cottage in July, 1807. Mary Woodman lived at Lutwich-hall, in the ser vice of the defendant, from March, 1807, till July, 180 8. She remembered Mrs. Parr's coming there, in April last ; and that the defendant came there while she was there. When the defendant was there, Mrs. Parr did not sleep in the nursery with her children, as usual ; but with the defendant. Mrs. Parr was still at the Hall when the witness left it. Mr. Daltry, a Solicitor at Liverpool, said, that the Defendant always lived in the first style at Liver pool; and had a very handsome establishment in Gloucester-place, London, where Mrs. Benson and her children lived. Upon his cross-examination, he said he had heard that the Defendant and his wife were separated. Mr. GARROW then addressed the Jury at length, ea behalf of the Defendant, urging particularly the failure of th e Pl a i nt iff' s evidence to prove that his madness arose from his wife's infidelity, he having hell afflicted with that misfortune long before his marriage ; and the contradictory evidence by which his Leamed Friend attempted to account for the delay in enraging this action, and for its being at last brought In Lond on . no se r. Edward Parr having asserted that he had not evidence of the criminal connection till near Michaelmas Term last, and that the servant, who saer the connection, having asserted that she told Ks. Ward Parr of it i n his presence as early as July. --The L earned Counsel admitted the criminal con iihnectto but urged in mitigation, or, in fact, of an uation of damages, that he should prove the Plain to have been almost the pander of his wife's dis- Pace ; for, in a ddi t i on to a ll t h e f am ili ar i t i es t h a t ilaci b een al ready proved to have passed between the turf wife and the Defendant, the Learned Cottle . sel should prove that upon their eteursion to Shrews bury Races, the waiters and landlords, atnong whom they appeared, actually thought the Defendant Mrs. Parr's husband, and not the Plaintiff, so unblushing and palpable were the familiarities that passed between her and the Defendant. The Learned Counsel should also prove from evidence of respectable guests at the table of the Plaintiff, that the liberties that passed between his wife and the Defendant exceeded all bounds, gnd must have been known to the Plaintiff. Catharine Jones said, she lived at Shrewsbury, and let her apartments to Mr. and Mrs. Pair, and Mr. Benson, during the races. The witness had two beds to let, one on the first floor, and one on the second, but at the particular request of Mrs. Parr, she suffer ed them to occupy another bed on the second floor, which had been prepared only for the witness, and was without curtains. In this bed Mrs. Parr slept, the Defendant sleeping on the same floor with her, and the I'laintiff down stairs. They staid about nine days, breakfasting at the witness's house, and dining and supping at the inn. One of the Gentlemen pro. posed that they should have a key, and let themselves in, which they had, as they were to be out late at the plays and balls. The Plaintiff appeared very well during the time he was there. The Defendant generally sat at breakfast on the sofa by Mrs. Parr, and the Plain tiff opposite to them. It appeared to the witness, I that the behaviour of the Defendant and Mrs. Parr was not such as a husband ought to have admitted. Upon her cross-examination, she said, that the Plaintiff wore a shade over his eyes, which were weak. The brother of Mrs. Parr breakfasted with the party every morning. Upon her re-examination, the witness said, that the Plaintiff had often gone out in the sun without his shade. Upon her examination by Lord ELLBNBOROUGH, she said, that she did not observe that the Plaintiff's sleeping separate from his wife arose from illness.— She did not hear any noise in the night, nor inspect the beds to see if two persons had slept on any of them. William Jones, husband of the last witness, once saw the parties sitting at breakfast as had been de scribed, and thought the Defendant paid Mrs. Parr particular attention. He once saw Mrs. Parr and the Defendant dressing for dinner with both their mom doors, which were only a few inches from each other, open. They could not, however, see each other from this circumstance. The witness would not have ad mitted such general conduct as he saw in Mrs. Parr in his own wife. ' John Phillips, waiter at the White Lion at Shrews bury, was examined.—The witness particularly ob served, one day, Mr. Parr and Mr. Benson, and Mrs: Parr, sitting together in the room, and Mrs. Parr and Mr. Benson would frequently get up and Walk together round the room, with his arm round the waist of Mrs. Parr, and when nobody else was in company but them both and Mr. Parr, who saw it all and did not appear to object to it. Mr. James Penny had been invited by him to go to the house of Mr. Parr to meet some friends at sup per. Mrs. Parr was at the head of the table, Mr. Parr at the bottom, and Mr. Benson next to Mrs. Parr. •••••• 44 While at that table (said Mr. Penny) I observed several significant things pass between Mrs. Parr and Mr. Benson ; Mr. Benson placed his hands on Mrs. Parr's thigh, which he seemed to press—it was near the knee—but—he then put his hand on her clothes still more indecently' [Here the curtain of delicacy drops over the de scription, which, however proper in a Court of justice, would not embellish the report.] 46 The glances which I spoke of were amorous glances, and such as meant attachment of the sexes for each other, much too plain to be misunderstood, and such as Mr. Parr might have seen if he had wished to look, or had cast his eyes that way : this was at supper-time, and repeated two or three times. These were liberties which most certainly I should not have permitted were I the husband. When Mr. Benson and I got out of the hcu,e afterwards, I told him I thought his conduct extremely improper in ' taking such liberties with a married lady, in the pre sence of her husband. He said 44 He had been ac quainted with her from her childhood, and that he had always been used to consider her as his sister." I then said, I have sisters also, but I do not skew my regard for them by treating them as you have . treated Mrs. Parr. I do not recollect all I said to him on that occasion, I believe I might have called him a scoundrel, but I know I said to him, that if I had a wife and he had treated her so, I should have kicked him out of the house. I was not in the house above half an honr—that was the first time I saw Mrs. Parr in company, but I saw such lascivious glances that disgusted me—it was quite unfit for modest corn- pany. Mr. Silvester Richmond remembered Mrs. Parr retiring after dinner. Mr. Bensqn followed her, not j immediately, but in about 20 minutes ; and I imme diately said to Mr. Parr, " Tom, is Ralph gone for good ?" To which he replied, 66 No, he is only gone ' to Mary." Mr. Benson returned into the room no more that night. I staid perhaps two hours and a half after he went. I staid until about nine o'clock. But I do not mean to speak positively as to the time. j On other occasions,. Mr. Benson was very far from being fond of leaving his bottle. I remember some time afterwards of meeting Mr. Parr, in Great George -street, Liverpool, very near his house; Mr. Parr had his two boys with him. We had some conversa tion, in which he pointed to his young boy, and said, " Don't you think he is etamn'd like Ralph ?" mean ing Mr. Benson. Ralph was the familiar name by which they called Mr. Benson. I said, " Tom, what the Devil do you mean ?" I thought it an extraor- ' dinary question, and I certainty did not give him any other answer. - Major Chamberlain, of the 24th regiment of foot, said he was quartered at Liverpool in the spring of 1803 ; and he became acquainted with the plaintiff and the defendant. The witness dined at the plain tiff's once; and the defendant and Mrs. Parr, who were then present, seemed to him to think nobody was in the room but themselves : they paid exclusive attention to each other. This was always the case between them ; and the plaintiff could not have helped observ ing this, but never seemed to disapprove of it. • The witness conceived the attentions were such as a hus band ought to have noticed. Captain Gladwin bad been a Captain in the 6th regiment, quartered:at Liverpool in 1805 ; and he had dined with the plaintiff four or five times. The attentions h• saw between the defendant and Parr were such as he, as a married man, would not have permitted on any account. The plaintiff must have observed them unless he wished to have shut his eyes upon them. When Mrs. Parr once quitted the ro um, the defendant followed and stopped at the door-way, taking her round the waist niost affection ately, and they then looked gloatingly on one ano ther. The plaintiff had risen from his seat at that erne, and must have seen it, for he said, " Ccme, Ralph, sit down with us." Upon 140 examination by Lord EI,LENBOROUCH, tl.e witness said he did not think it necessary to tell the Plaintiff this, since he must have seen it ; not did he think it necessary, as a militlry man, to suspend his visits on this account. The last part of this Gentleman's testimony was marked by the disapprobation of his Lordship, who said he did not understand that species of friendship which consists in eating and drinking and conversing familiarly with a man and his wife, after it is appa rent that such wife has dishonoured the husband. His Lcrdship then said, that Mr. l'enny had be haved like a man of strict honour, but he should not make any observations upon the other witness, the last who was called. Mr. PARK replied to this defence at cDnsiderable length ; observing, that it now appeared there had been a systematic attack upon the chastity of the Plaintiff's wife ever since 180'2. Lord ELLENBOROUGII observed upon the evidence with much discrimination. His Lordship began by saying, that this was a case that, more than any other he recollected, required the nicest attention of the Jury in weighing the evidence on both sides. The question was, how far the conduct of the husband furnished any bar to a diminution of the damages to be recovered in an action of this kind ? If the Jury were persuaded that the Plaintiff not only knew of, but was instrumental to the adultery, no damages at all could be recovered. It would probably, however, be the Jury's opinion that the evidence did not go to that extent ; and then the question was, what negli gence there was in the Plaintiff's conduct to mitigate damages ? So much inattention on the husband's part had neveroccurred in any case which his Lordship recollected ; and the only way in which his Lordship could reconcile it was, by supposing that the Plaintiff considered the Defendant, from his long knowledge of his wife, as her brother. The circumstance of the Plaintiff's madness was no aggravation of the dama ges, because that had been proved to have previously happened ; aad that of the Defendant's having a wife and family was none, because the Plaintiff was not the more injured by that circumstance. The Jury retired for a short time, and found a ver dict for the Plaintiff.—Damages £lOOO. 'The trial lasted the whole day. Boxisc.—A battle was fought on Monday for 500 guineas, in Sir P. W. Frankurn's Park, at Rottinden, near Devizes, between Code, one of Mr. Frankurn's servants, and J. Weston, a Warminster man. The sear of action was, unfortunately, such as baffled in terference. At setting to, Weston was backed by odds ; but after six rounds, Code brought the betting to an equality, by superior courage. It was real fighting at hitting distance, and but little closing.— The battle lasted 32 minutes; but unlike the town pugilists, at least 25 minutes were spent in exchang ing hits. Weston was beat by a cras-buttock, which prevented him standing up again. Early on Sunday morning the body of Mr. Jona than Peste, a grazier, who resided in Cross street, Portland -street, was found in the road leading from the bottom of Gray's-Inn-lane to Camden Town, by Mr. Sansom, a carpenter. He left home after dinner, as he said, for a walk, and was supposed to have got inebriated, and consequently he died fiom the incle mency of the weather. Thursday evening as Mr. Budyon, of Dartford, was returning from Rochester, in a chaise, he was stopped near Greenhithe, by two footpads, one of whom seized the horse's head, whilst the other, with a pistol, demanded Mr. B.'s life or money ' • and on his refusing to comply, struck him several violent blows with a stick which he warded off as well as he could with an umbrella. The villain at the horse's head then ordered his companion to fire, upon which he dischorged his pistol, and two shot passed through Mr. B.'s fiat. The noise, however, frightened the horse, which et off at full speed, and disappointed the ruffians of their booty. BOW-STREET.—Pearkes, the officer, has - returned from Chichester, whither he has been to endeavour to make some discovery relative to the exchange of an old towel fcr a parcel of half bank -notes, remitted from thence to Messrs. Fin., of St. Mildred's Court, as formerly stated, but without success. Some stis piciop has, however, fallen on one of the assistant porters at the White Horse-inn, Fetter-lane, who has been examined, and is committed for re-examination. SECOND DAY OF DRAWING.—No. 133, a Prize of 810,000, was sold in the following Shares, namely, one-quarter, one-eighth, and ten 16ths, at the Old Established State Lottery Offices of HORNSBY and Co. 26, Cornhill, and St. Margaret's-hill, Borough. . ONLY Two DAYS TO DRAW, and the Richest Wheel ever known ; consisting- of the following Grand Ca pital prizes :—Three Prizes of £20,000 ! ! one of 810,000, one of £5,000, three of £l,OOO, five of sESOO, &c. &c. and no fixed prize. Tickets and Shares 'will continue on sale, warranted undrawn, whilst' any remains at the Office of CA R ROLL and Co. Stock- Brokers, No. 26, Oxford-street, near Rathbone•place —where Capital Prizes to an immense amount in the late Lotteries, have been sold and shared, and the money paid on demand. Tuesday next, Dec. 27, will be the Third Day of Drawing. CORN EXCHANGE, MA RK•LA NE, DEC. 21.—This day there is a very short supply of wheat, and very few sales were effected, which fully maintain last prices—Barley and Malt are each rather dearer— j White Peas likewise—Beans of the two kinds at little ♦ariation—Rape seed is dearer—Oats are in middling supply, and support the prices quoted in our las cur rency—ln Flour no alteration. QINIRAL CIJARINCir •S UNDER: Wheat, 655. 78s. 88s. Beans (old) 745. 802.01. Fine ditto, (New) 942.955. Tick ditto (oid) 702. 765. Pd. Rye, 562. 61s. Oats, 963. 41.4.425. Barley, 421. 472. od. Poland ditto, 445. 4 Ss. C. Malt 78s. 84s. Potatoe ditto to 46. 6d. White Peas (boilers),, 155/1551 Rape Seed, 501. to 561. Grey ditto, 551. 60.. Roo loot Km 8546....5ecer41 7514101. PROM LAST NIGHT'S 43Alitr1t. • DOWNING-STREET, DEcEMEER ity , te His MAJESTY was pleased, by a Commiisiott bears ing date the I Ith cf February last, to apprint Lieu. tenant-General Sir J OIIN STUART, fi, B. to ti e Coma mander of his Majesty's Forces in the MediLerraneatt (the Garrison of Gibralt tr excepted). ADMIRALTY-OFFICE. DECEMBER It. Copy of a Letter from Rear-Adralral Sir Edward Peliew, Bdrt. Commander in Chief of his Majesty's She s and Vessels in the East Indies, to the Henottrable William W. noshes , Pole, dated on board his Majesty's Ship Culloden, in tembay Hare bear, the 7th of April, 1808. bir—l request you will submit to the Right HonotiraTile the Lords Commissioners oft' e Admiralty, the inclosed letter front Lieutenant William Diwson, acting in the command of his Mas jesty's ship St. fiorenzo, stating the P articulars of the cailture of la Piedmontaise French frigate, mounting lifty guns, on the Bth ultimo, in the Gulph of Manaar. In making this communication to their Lordshlpi I am dale rous of expressing those mingled Eentimeets of admiration and concern which I experience in the loss of Ceozin George Nis cholas Hardinga, who fell in the moment of v i ctory, ufter having exerted, &Avg three successive days, the most remarkable zeal, gallantry, and judement in the conduct of this very brilliant Sc' fion. His Majeste's service has been thus deprived of a most ex cellent and clivinguished officer; of whom the leghest exptem. thins have bet n justly formed, front a knoWiedge of his many great and excellent qualities The merit of Lieutenant William Dawson, upon Whom the command devolved after the death of Captain Hardinge, is al. ready well known to the Board by Ids pliant behaviour on a fora mer occasion, when he was severely wounded at the capture of the Psyche frigate by the St. Fiorenzo, in which nearly the whole of her present officers and crew had the honour to share. The matinee in which he continued the action, which bad been so nearly concluded by hls lamented Captain, and finally con ducted it to a successful issue, will, doubtless, secure to him the high a; probation and recant:pence of their Lordships. The undaunted bravery, the animated and persevering exer tions of every rfficer, seaman, and marine on board the St. Fio renzo, have been truly worthy of the beloved country in whose cause they have been so nobly engaged ; the public gratitude will be commensurate with their eminent services. I learn that the St. Fiorenzo had arrived with her prize In safety at Colombo, tram whence she may shortly be expected at this port. I have the honour to be, 6:c. (signed) TOWARD eset.aws His Majesty's Ship St. Fiorenzo, at Sea, March g. • Sir—lt is with great regret I have to inform you of the death of Captain Hardinge, late of his Majes ty's ship St. Fiorenzo, who fell gloriously in the early part of an anion on the Bth instant, between his Majesty's ship St. Fiorenzo an.l the French National frigate la Piedmontaise. The St: Fiorenzo sailed from Point de Galte on Friday the 4th instant, at half past eleven A. M. On the Gth, at seven A. M. passed three Indiamen, and, shortly after, saw a frigate bearing N. E. We im.. mediately hauled our wind in chace, and made all sail, being at that time in latitude 7. 32. longitude 77. 58. We made the private signal, which was not answered ; and at five shewed our colours, which the 'enemy, took no notice of. At forty minutes past eleven P. M. we ranged alongside of him on the lar board tack and received his broadside. After en gaging till fifty minutes past eleven P. M. within a cable's length, the enemy made sail a-head, out of the range of our shot ; we ceased firing, and made all sail after him ; continuing to cone up with him till daylight, when finding he could not avoid an ac• dun, he wore, as did we also. At twenty-five mi• antes past sir recommenced the action, at the dis• tance of half a mile, gradually closing with him to a quarter of a mile. the Ore was constant and well.. directed on both sides, though that of the enemy slackened towards the latter part of the action. At a quarter past eight P. M. the enemy made all sail away ; our main-topsail yard being shot through, the main royal mast, and both main-topmast stays, the mainspring stay, and most of the standing and run. ning rigging, And all our sails shot to pieces, and most of our cartridges fired away, (as our guns were directed at his hull, he was not much disabled about his rigging) we ceased firing, and employed all hands in repairing the damages sustained, and fitting the ship again for action. From the great injury our masts, yards, and sails had received, I am sorry to observe that it was not in our power to chace to re new the action immediately ; we, however, succeed ed in keeping sight of him during the night ; and at nine A. M. on the Sth, the ship being perfectly pre pared for action, we bore down upon the enemy under all sail ; he did not endeavour to avoid us till we hauled athwart his stern, for the purpose of gaining the weather gage, and bringing him to close fight, when he hauled up also, and made all sail ; but per ceiving that we came fast up with him, and that an action was inevitable, he tacked, and at three we passed each other nn opposite tacks, and recommen. ' ced action within a quarter of a cable's length. With grief I have to observe, that our brave Captain was killed by a grape shot the second broadside. When the enemy was abaft our beam he wore, and, after an hour and twenty minutes close action, struck their colours, and waved then-hats for a boat so be sent them. She proved to be la Piedmontaise, comman ded by Mons. Epron, Capitaine du Vaisseaux ;—.she mounts fifty gnus, long eighteen pounders on her main deck, and thirty-six pounder carronades on her quarter deck. She had 366 Frenchmen on board; and nearly 200 Lascars, who worked their sails.— She sailed from the Isle of France on the 30th De. cember. In the action she had 48 killed and 112 wounded. The St. Fiorenzo has 13 killed and 25 woundod ; most of the latter are in a most promising way. A list of them I have the honour to inclose for your information. The enemy was'clit to pieces in his masts, bowsprit, and rigging ; and they all went by the board • during the night. It is now a pleasing part of my duty to recommend to your par ticular notice the cool, steady, and gallant conduct of Lieutenants Edward Davies and Henry George Moysey ; the latter, I am sorry to add, was severely ' wounded about ten minutes before the enemy struck. I also experienced very great assistance , from Mr. Donovan, the Master, by the judicious and seaman. like manner in which he laid us close alongside the enemy. To Lieutenant Samuel Ashmore, of the Royal •Marines, I am much indebted, for the cool and determined courage evinced by him through the whose action, Indeed every officer, petty officer, sea. man, _ and marine in the ship, behaved in the most brave and gallant manner, and nobly maintained the pre . .eminence of the British flag. In the firm boat from the prize came Mr. \V. F. Black, Assietdilt:Sur geon of his Majesty's 86th regiment, captured by the Piedmontaise on his passage to Madras, who render. ed the Surgeon &reat assistance. lam also much indebted to the officers of the army, and the Captains 'and officers of the country ships, who were prisoners on board the enemy, far the great assistance they al. [Trrra ran