Star. — London, England, 1814-12-12 00:00:00

biried in T. duties of hof.pitality, he repaired -in a , wrll aware that his visits must in the en.] L'asc Awed to the disgrace of the noble family t o t, - :ac;. under so many obligations and howl.l by s) many ties.—To passe condign Sefites)Ce is rzoil . . shottid use the words wh;eh Lady r.o:obetr% Wt , red when discovered by her husband's b ro: 1 ) ,- / . I- t' , .e law of Engian.l, instead of consider ,,,i„lLLl-jr as a civil injury, had inflicted on it the ponkhinent known to our criminal law, the 1•11 .. .tt,e •it'll s tile defendaht deserved, and which in that case w ul I have been passed on him, would tall stmt of, cts on any mind not entirely seared :ma callous, of Ova which muit have been produced tie words with which the partner of the detend tnt's trim , ' upbraided 4 , 0 Milimay, you found m-± innocent ! keine:ober what I was !" The condition to which the gtilt of t:iis man had reduced Lord w,s only to be imagined by those wilt) had exper:enced the 10,s of a wile. Such a loss to a man, how;ver,•surr , ainded by friends, by kindred, by all the pleaWr,i•eif the worl.l, was the acme 411.1(11.w ; lit: ov much was the mizery of losing h wife by death h. low that of reflecting that she was nor only but wt!tched ; that her children were not only deprived o 1 a mother's care, but shared a mother's riiamy. The Jury were to tell 13t itish so ciety, whetla.ir or no it was to be liable, in future, such inroads on all that was sacred in its institutions, and they would answer well or ill by giving or not giving e:3O,OtA as damages in the atrocious case be tore them." The Learned Counsel then proceeded to call wit nesses. Mr. Thc,mp,on, from the Consistory Court, Doc tors' Commons, produced several letters which had been tiled there in consequence of a libel propounded in that Court. _ _ _ OE 7 0.0 , i~ic t~~~ Isaac Hulse WAS acquainted with the hand-writing of the .Defendant, the letters produced were his hand writi:.g.—This witness was valet to the Defendant. Some of the letters quoted by the Attorney-Gene ral were then read. • . The Honourable F. J. Robinson said he knew Lord and Lady Rusela.rry, and had had many op portunities of observing their domestic life. Lord Roseberry was a tender and affectionate husband, and he did not imagine, from any thing he saw, that Lady Roseberry was iusensible to his kindness. He never could have imagined that such an event as that which had occasioned his presence in that Court, could have occurred. Since the Summer of 1813 he had nut dined so often at their house, and had consequentiy only seen them in the world. The other letters of Sir Harry Mildmay were then plOduceif t h ey contained nothing material in adsli tion to those paaseges aohich we have inserted in the Speech of the Attorney-General, with the exception Cr a letter to Lady Roseberry, ,after she had left London, in which he describes his affliction at her absence, and says that he had left his hair to twist aod curl-as it would, and utterly neglected his diess ; he compares himself to Child:. Harolde, Scc. &c.— This letter ()evil thus—" Angel of Light what a Heave* of bliss has my Love condensed in one small letter, but it was not without a mixture of pain, for she is unhappy, &c. &c. We had a dreadful scene in the HousrolCommons with poor C. I cannot but think him innocent." Lord Volk sedge was acquainted with Lady Rose berry the greatest part of her life ; Lord Roseberry net know •till his marriage; Lady Roseberry was daughter to Mr. Booverie, witness'a uncle. From every observation witness made, from a frequent in tercourse, no individuals could have lived happier than Lord. and Lady •Roseberry. they had two sons and- Replpeghters; Lady Roseberry seemed to be veg-f0e:4.4.4a; children. oc:4s-examined by Mr. BROUGHAM..-..Witness had Married Sir. H. Mildniay's sister;. could not say of his Own knowledge that Sir' Harry was embartasaed, litho:Ili he believed the case to be sic Tl.e Solicitor-General, whose son married a sister rlf 1.061 Itoseberry, gave evidence to the same effect ; he always them& Lord Rosebetry's house a perfect icene of domealle happiness. L , ' , rd 'Binning knew Lotd and Lady ROseberry ; knew the farmer previous to his marriage : after their Marriage, had opportunities of obierving that they lived open terms of great happiness. The condo& of Lord R. tohis Lady was always excessively kind.— The kindne-s was reciprocal. Lady R. was very food oF her. children. Sir 11. M;ldmay had a son;who was nephew to Lady Rose'oerly. The Honourabte Mr. Primrose, brother to the Plaintiff,- was neat called. He knew the present Lady Roseberry previous to and since her marriage, most intimately. He passed much time with them, and never salt' two people *who seemed to litre happier to gether than Lord and Lady Ruseberry : they were mutually affectionate. He lost h s &titer in the month of March last, who was taken 711 at his seat in Scotland. Witness, in comp:my with his brother, Lord Itoseberry, -went down to Scotland, to their father's seat ; Lad-y Roseberry remained in town, with the Dowager Countess of Roseberry, for a week or ten days, and then went down to the Roseberry estate, in N rtolk. The wife of Sir H. Mildntay having died, that baronet spent some time in Lord Rosebeiry's family.' The last time witness observed any particu lar ellange in the conduct pi Lord and Ludy Rose biary was in Scotland, where vaults,- joined them. He there remarked that they did not live upon good terms : Lord Roseberry did not seem satisfied with his Lady. In consequeace of observations which wit. :less made, supinions were engendered in his mind ' that Lady Roseberry's derneauour was not correct.— Nothing, however, had transpired which led hint to believe that there was any thing criminal in her con duct. He never had the slightest suspicion of Sir I 1 Mildmay, and no other person entered his mind. A c•:mmunication had been made to him on the Tuesday preceding the Saturday on which the final discovery was made, which excited in a stronger de. glee his suspicions, and led him to be more watchful of Lady Roseberry's conduct. On,; the Saturday, Lord and Lady Rosebtory, the Ccitanteas Dowager, and witi,eas, dined together 01 familia. They dined about six o'clock. As soon as dinner was over, Lady Raebeiry and the Countess Dowager retired, as was usual. In about ten minutes after they had r, :Fred, te Countess Dowager returned to the dining-room, and stated certain things which immediately led wit 'less to go out and summon some of his Lordship's taunts to his as‘iatance. Having called together hues Pusan, be sent some of them outside of the castle to keep w.►tch, while he two others, hi, owl• scrv,lnt and Lorcißbseberry's val .t, prc.ceeded towards the red bed-chAniber, to which there were serious ways Olapproli..h. This was Ltdy Itiseberry's cham ber. He tried two of the doors which led to the cham- bee, but found them locked. On corning to the thir.:, I finding it unlocked with the key (.11 the outside, and having lucked it, he went to the other door where the serv.ints were, and attempted to break it open. The door being 01 nik tcsiste.i their blows for some, rime, btu - :it length it w.is op,.ned by Lady Roscberty. Sir H. was then ditcovered by the side o! the bed which sr , od Ironting a window that oper,c.! upon a terrace. The curtains of the bed were nut drawn. Sir H. Kidniay %vas dressed in a large blue jacket and trowsers and a ri!,l waistcoat, which was covered with small pearl buttons. His beard was much grown, and his appearance altogether so dis guised, that witness was 01 , ged to look twice before he rec,:g•iised him. Sir Barry came for waid ; witless did not see any thing at the time is his livid of th.:m, the witness could not say which, then said we are iu your power." Lady kosebeiry then in an entreating tone called upon witness not to chal lenge Sir Harry. She exclaimed passionately " pro mise me not to challenge him," which witness did fiery solemay, telling Iner that neither he nor any per son connected with him over whom he had influence should take such A step. S:r Harry MilJmay or Lady K. then said, he could not tell which, no person but these present reed know any thing of this ; witness said this could not be. Sir Harry Mildmay now alled what %vas to be done ? Witness said, 44 I don't know of any other course to be taken than for you to quit the house." Sir H. asked what was to become of Lady R. ? witness replied, '• the only question is, whether she is t qu.t the house this night or to-mor row morning?" Witness added, that after all that had happened, he was anxious that no further expo sure should take place. He also stated, that the house wits surrounded, but that he would secure to Sir H. a safe exit. Sir H. upon this said, " I fancy that no person can say, that a person in my sititatioo cannot command a safe exit." He then held out hi> hand, in which witness, for the first time, beheld a pistol. Witness then said it would be best that he should leave the house quietly, as he must feel con scious he was bound to go. Lady R. was now cling ing to Sir H. while he was swinging his pistol about in all directions. Witness told him he did not seem to know what he was about, and . added, " You had better deliver that pistol to me." Sir H. after some time, said he would deliver it up, but upon condition that it should be returned to him on his (pitting- the house. Witness acceded to this, and Sir 11. deliver- ed the pistol, saying, " be careful how you use it, for it is cocked and loaded." Lady Roseberry now ex pressed a desire to see har Lard, but witness said this could not be till his Loidship's permission was obtained, and this he should not ask till Sir Harry Mildmay was DAC of the house. Witn.:ss here said he had forgotten to state, that about ten minutes after he had got aotinission to the taoin, Lady Roseberry shevied symptoms of griiag into hyste rics, and witness procured leer some salvol wile, for which Sir Harry Mildmay called in great agitation. After this Sir Harry Mildniay walked about in great distress; he said he had nothing to say for himself . . Witness finding him delay so lung, said, " Really, Sir H. you must go:" In ten minutes afterwards Sir H. said, " I will never leave her ; you shall not tear me from her !" Witness being now quite out of patience, called to Stretch, Lord R.'s servant. who stood by him, to open the window, which lie was proceeding to do, when Sir H. produced a st.cond pisto!. Witness entreated him to be Cahn ; he as• cured him he meant him no harm, but he must lnsi.a upon his going out of the house. He wished him to gir quietly, and had no d.:sire to wound his feelings untiecessal ay. Sir H. naw begged leave to be left alone with Lady R. fir a minute. ' Witness said he • would grant this request, upon condition of his giving up his second pistol. Sir H. now looked to. wards him wall a feeling of surprise, and exclaimed, " Do you tbink, then, that I would do her ( Lady R.) any harni i'' Witness answered, " No, Ido not ; bui I should no: feel myself justified in leaving you together w ita that pistol."- Sir H. gava it up upon the same co i lition as the jtormer. Witness having acceded to this condition, Sir H. delivered it 'nto his banal, saying, as he did when he gave up the lormbr one, '• it is corked and loaded." Witness then left them. Go going out Sir H. said, " I desire that no improper cortrlusamb drawn from our being thus left alone." Witia:ss said with a smile, " Certainly not." On going into the adjoining dressing-room, witness unprialed the pistols and poured water into the pans. In a minute he went back, :rid again urged Sir Harry to ga, saying, that he would send his bro tlitr's servant with him, to prevent interruption. As lie was preparing to go, L irly Roseberry jumped up, and exclaimed—" 1 will see my children; nobody shall prevent me !" Witness flew before her as she was atteteptiag to leave the apartment, aral, with gentle violence, detained her, saying, he could not permit her to go to the children without his brother's leave, and repeating he would not ask that leave till Sir H.ary Isllimay was gone. Sir Harry here said, 1 4 he can do no otherwise." Witness now turned to Sir 11..rty o ice more, and said peremptorily, " Go, Sir Harry, I entreat you to go through the window by wi ich you entered." Sir Harm who still seemed. unwilling to depart, at length threw himself on his knees before Lady Rosebeiry, and embracing her ki.ees, exclaimed, " will you forgive me r' Although. witmaa could not hear the answer given by L..dy Roseberry, lie understood her to give an answer in the ailirtnative. Sir Hairy then. rose and prepared to go. He took up a large plaid sloth from some part of the room, and wrapped it round his person with the „to eatest deliberation and composure: To Stretch (Lord Roseberry's servant) who assisted him, he said, " thank you, Stretch." He then asked for his pist As ; putting them under his jacket, he ran to the window and jumped out. Witness then adverted to the period when he first entered the room; he said he thin remarked, that a neckei chief which Lady Roseberry had worn round her neck at dinner was off. She had on a coloured silk goWn,.which was not cut quite so low in the bosom as the fashion sanctioned ; one corner of this, he observed, had become unpin ned, but still tier Ladyship's bosom was not hide cently exposed. On looking to the bed, he perceived that the centre of it was much indented, as if it had I been pressed by some extraordinary weight, or as if Wile persons had leaned forcibly against it. 1 or: ceop hei kifFl' :arpet or the room, too, Which was nailed down int. nediately opposite this place, was much rumpled and •tretched, as if posited against by feet ; it WAS also iirty, as if it had been sO pusl.-.4 with muddy shoes He felt it necessary to state, that lie perceived th. ark :'t in a muddy state on the Thursd.iy and •'4Ved i.i Jay bJfore. He tecollccted La ly Kuseherry vty Jo g to Sir H trry Mildmav, in reproachful tones, " You found me innocent, all ! T.anentber what I was f.'"Viiese were etc ouly tvords of reproach h.. heard her Lady,:ip use. Sir 1:...rr ! . in the earl) part ot the scene, said, in a speech coniiderabl. length, which he made in defence of Lady Ro . seherry, itnd in reprobatioa of himself. " Can you look upon her and not relent ?" Lord Roseberry did not sec Lady Roseberi y afterwards. Lady Rosubeirr lild . . a desk which she usually carried with her wh•ii s:te travelled. From this, witness saw Lord R.' , seberry take a letter, which on reading, he seern.:d much atil:cted. He then delivered the desk into w . toe-s's possession. On examination, the letters produced and read that day were found. Lady Roseb2rry lett the house early on Sunday mcruing. Cross-examined by Mr. BRIWGIIANI—Previous to the Tuesday on which he had received private inior mation of Lady Roseberry's conduct, lie was eutiiely ignorant of any criminal intercoo: se between her Ladyship and that Gentleman. He kucw that Lo R. had forbad Sir Harry Mildmay to visit Lady R. on the Saturday sennight previous to her leaving London for Norfolk. Had also heard Lord R. had pasted Sir H. in the street in consevenee of the feel ings he entertained respecting his conduct in April Wt.—When he addressed himself to Sir H. Mildmay in Lady Roseerry's bed-eh:lmb( r, he considered him as a man startling before hint as in a degraded cha racter, and he believed he shewed indignation when Sir H. desired to be allowed to remain in private with Lady R. When he ordered Sir Harry to go out of the window he did not do so with the view of de grading him —He considered Sir Harry Miidmay as degraded from the situation in which he then stood.— His view in bidding him to go out of the window, was to prevent his being seen by the servants, knowing he had come in that way, and front a wish to avoid more expos are than Was necessary. Sir Harry Mild. may he had heard w is not in very flourishing circum. stances at presenr. During the life of his mother he was not independent ; at her Ladyship's death, how. ever, he would come in for a large property. Mr. Benjamin Stone, if Newhaven, was called to prove !Iv departure of Sir Harry Mildmay, and Lady Itoseberry, under the name of Lady Mildmay, for the Continent, on the night of the 16th of NJvember they had a great deal of luggage with them. Mr. BROUGHAM then addressed the Jury. He said, the case being closed, and they having heard the statement of his Learned FrienJ, as well as the evi dence in support of that state:l-wilt, it had become his duty, and GOD knew he spoke it most sincerely when 'he called it a painful duty; to finish the pro ceedi.igs of • that day, by utre:-ing his humbl.• assist ance to enable them to accomphs!) the task that re mained fur their performance. It was a task than which they never could be callftd upon to pet form a bett"r, if they succeeded in affirding a remedy to the Nuble Plain:iff fur the injury he had sustained—an aikquate remedy —one, that v..hile it consulted Lord Ruseberry's honour, should not carry with it utter ruin • to the defendant. lie tendered them his assistance in that ta.k, though he stood there outwardly as the ad. v. , cate fur the defendant ; and h..• I:wgged they would dismiss firm their •minds any suspicion that might have ari.e•i, that b !e.tu ,e lie Lit) d in that situation he was about to offer a captiors or a cavilling de fence. N t such thing : such an tention was the farthest from his piny r. Ile had the happiness, if at that rhodsent he might c ill it a happiness, to be acquainted not With one only of the three noble !Muses whose character, and feelings, and interests, were mingled in thc present ca.ise, but with all ; he m i g ht boast the honcur Of a dos:: intimacy with all of them, and he stets proud to aeknouledg.: the p i e. found esteem he felt for all: indeed he now fnu.id hims.lf in the distracting pietlicarnent, that he knew no far which 4 , f them his esteetu and his attachment were the greatest. In consecutence of that situation, however, in which he stood, and of those feelings which such a situation might naturally be expected to create, he was the more anxious to tender what little aid he could give to the Gentlemen of the Jury, in enabling them to deliver a verdict which nri4ht as s.trage as far as any verdict could assuage, the afflic tion and sorrow which had been produced by the me-. laaclioly transaction then before them. And most py lie should deem himself, if in executing that task, if in palliatimt actions which were no sooner per f Yroied than s!iuddesed at, if in assisting to pour the li-alii.g b ilm into wounds which were no sooner iu fiictLd than mourned, he could succeed in obtain- iag foam them such damages as might satiify the e:tds of justice, vindicate the hnnuur of the Noble plaintiff, arid a ssert the cause of public morals, with out striking the defendant into irremediable ruin.— But it they guided themselves by all that ! , tti falhu from his Learned Friend, the Attorney General, it they simply trusted. to his inflamed and exaggerated statements, heightened by all those powers of elo quence which he so well knew hew to employ, they ~ o uld not satisfy the justice of the case, they would not tender tlizit service to all the branches of the three Noble Houses which was sought for, nor would they render that service to the Noble client of his Learned Friend, which he knew he was alone desirous to obtain. It became, therefore, a Linding duty upon him not to allow them to de. liberate upon the case fresh from the influence. which must have been produced by the unmeasured statements of his Learned Friend, without endea vouring to place before them the real, the unmagni. fled features of the case, in their plain and unciistort. ed size and colour. In the first place, Sir H. Mild may himself, as the record proved, in suffering judg ment to go by default, called upon them to give a verdict of sufficient damages—he did not deny the, injury he had done—he did not deny the offence he had commuted. How he came to commit the of fence was another question : but he (Mr. Brougham) the advocate of Sir 11. l'elildrrta, stood up in that Court, and desired them to coitipt flute the Noble Plaintiff for the injury he had sustained. The At torney-General had justly saia, that in point of fact pecuniary compensation for such an injury, was al together out of the question & but as some imputation might be cast upon the character and c , nduct of the naitaiir, ii only trirhug• damages were given, it . NA tasere* .• life; teen judgcd neoess- . mr to ca • great ones. W.. 11, then. Sir H :rry Mtidnuy enter ed e() completely into those feclin K s of the N Pitintiff, that h.: dcs'red they would give itlkh equivocal, n'i such 4611).gu,kis co-npensation. While, however, they dealt out to the Plaintiff those jilst but 'moderate datna:4'es whlth the nature it the case reqn;red, tiny were to guard .I X o:3: such heavy and excessive one, 4$ Would c.tlty m's•try and ruin Intl One branch of that great ho,ise, would cmt off its ca'pital . men.ber, and drive him in:o 11::pcless exile from his country during the rest of his life. That WAS. a prripOrtion of punishment s%/ii • h he w .s sloe the case itself did not demand, whik.h r, ;o e coned wish, and which lie bt•lieved no: even the No. ble Plaintiff liiinselt desirvd. With regard to that Noble elain-iir, his instructi )tiS boi.n.l op Ps hands, and he was torbidd,n to utter a word, to breathe a single syllable which migLt he construed into the slightest allteaon to the conduct of Lord Row:berry. An advocate knew no !echoes but those of his shell , and therefore he W.V.sileet, or else there were some parts of the statemi iit of his Learned Friend, corro borated by the evi Ic:,ce, upon Which, rrlips, I.e should had many cAnitieitts to make. it was the anxious wish id S.r H. Mil• !may that not one word should be said which might rend to irritate the ' inks, nut only of the Nohle . l.ord, but of any otaet branch of his family : trail such observations is was solemnly enjoined by his client to ails; tin.-- That forbearance, however, was no reason why ex aggerated sta.ements shnitld be permitted merles un noticed, and he was accordingly obliged to tall their attention to one or two most serious cheiges against the - defendant, which, Ire s laninteer to say, weie not only unsupported, but absolutely contradicted ; , jr the evidence. The iettUrney-General had t aid them, (faithfully pnrsuieg, no doubt, the instlect:one :,c dad received,) abroivie and tieketily told them, without once adverting to all those intaineettate scenes that took place on the fatal Saturday, ilia: upon Sir Harry Mildmay being discoVered in Lady Roseberry's room by . the brother of Lord Roseberry, he, the winless, peremptorily ordered him to quit the houie by the way he had entered it, namely the window, and that he was iiiiinediately obeyed. Had the conduct of the defendant been al bad as crime could make it-- had it hein Marked by all that atrocity with which the exaggeration of his Learned Friend endeavoured 7o cover it, he would say that that which v. as impu ted to him by the Attorney-General was worse than all; and that a man could sooner stand up in the world against any accusation that the degrading, the humiliat;ng one, which his Learned Friend had levelled at' tile head ot the defendant. At his head did he say ? N e it was at his breast, at his heart, that he directtd the foul charge. It affect ed his courage, and placed it node - such imputation, that he could not have lived one hour tonger, had the facts been as stated by his Learned Friend. But how was the case, as delivered by Mr. Primrose hiinself, an impartial, an honourable s itness, and one whose minute and laboured accuracy trey all knew. He had told them that, instead of a peremptory iutra mons, it was a request, tegently solicited ; in stead of the degrading or&r, " go as you came —out of the window with you,"—it was, " pray go; you had much biter—it will he mole emote. nient for all parties—it wail save minecesetry ei po. sure—you may retreat geitiy and unperceived."— Such was tle p:oceeding. These was no insult in the Manner—no zudeness in the expressions; and its support of what he said, he had not only Mr. Pi im rose's own word, and the kiir.vliel e e which Mr. P. must have had ot the person with whom he was.deal. ing, bUt he had atiothereestinioey still sironeer, still mule powerful ; he had the honour and gentlemanly feelings of Mr. Primrose as vouchers. Mr Primrose had obtained the arms of Sir H. f..l.ldinay. an 1 when he (leis. Brougham) knew that it was as g.iod as it he had seen into ham: i!y, for lie was glow sure, after such a 'compact, nothing like insult could come nom Mr. Prionose. But he WAS re ally astoaisie:d how his Learned Ftiend had cu se vett in o'her parts of his statement to confound ditlerences by p issing over sonic things, and noticing others, and then duel ling upon what he selected with that exagg, rated elo quence which perplexed and confused things in thelU wlves perfectly plain arid intelligible. Could there, for instance, be any thing more natural than the frequent expressions in Sir H. Mildtnay's letters, that be bore no enmity towards Lord Rost betty ? And yet there was nothing in the whole course ot the uutortunate de fendant's conduct which more excited the indignation of his Learned Friend, or which called lions him more vehement expressions of abhorrence than those decla rations, as if Sir Harry Mildmay had meant by them any thing more than a simple referenie to certain transactions that had passed between him and Lord Roseberry relatively to his attentions to Lady Rose berry. Those were the points . ailaded to when Sir Harry Mildmay said he bore no enmity to Lord !toseberry ; he only avowed that Irmo Lord ltose. berry he could endure more in the way of I.:buice or slight than from any oiler men, Is iteeutany flelings of tesentment, because he f e l t ton deeply Low much he was injuring him to give place to any su 11 senti ments. Such overciiarged comments weakened mote than they bzueti:ed a.Cati.C, though nothing Was more common than for an advocate to fall into the error of pourtraying a present case, merely because it was a present one, as tee most atrocious, the most dread: ill,' the most herribie, the most abominable that had ev:r before been knoxu. Such indiscrimiaate appeals were most injurious, not cooly to the general hut even to the individual !Lite: ests of justice ; and in the present case the•exaggeration was most obviors They bad tee. quently heard, and those walls had frequently Wlih.n sed cases ot a:toe i:y to which the I resent bole 11Q re semblance. They had seen instances where an hut vidual bad devoted his whole lif. to the tied sing of some unwary female, incapable at the same taut: in love, incapable of any passion but lug, gazing with libidinous eyes round the ornameais ot s ...lay, and, satiated with indulgence stinging into activity appe tites dull fom torpor: real spoil is ot lent le inno cence, who added to the zest of guilt the savage de. light of I. i unmanly tatiVition over their 'victinie Tee records of iii t Couit teqitied to amber case, of a man whe, t‘z a wake, dertoek to the 10111 cf a trhcron ; lie succeeded, and met the punis.'ine•it wfich ha di urvest. Thank G..no, such cases ss r , nuked, r ire ; but ot h . is veto, out, whete the ' u !..and Was ra.tted to the seducer by ties of blood, where the SC. (Later him-elf was a WAIT lea Illtll l aus: thus batty of ' • • 1 • .•