Star. — London, England, 1808-07-28 00:00:00

SPORTING INTELLIGENCE. , EDINBURGH RACES, JULY 15, 110 P. This day our Rates commencei, when the City's Purse was run for over the Sands of Leith, and won by Mr. Nitrolssn's bay horse Eampton . - 1 1 Mr. Hendersor's bay mare Country Lass . 1 dr. Mr. Hendry's brown horse Pensioner . • S dr. Lord Montrmeries grey colt Irvine . 4 1 Mr. Thomas King's bay mare Whitelegs • dist. Mr. Brown's brown mare, by Sir Chutes . dr. Mr. Baillies bay horse, by Zathariah • • dr. 1 Mr. Rehr' bay horse Toby - . dr. HAYERFORDWEST, JULY CC LAW INITILIGBITCE. COURT OF KtNo's BENCH, OUiLDHALL, JULY . 27. GREGSON v. •DIPTAGICART....CII24. CON. Mr. MARRYATT opened the case, and stated that it was an action for damages, brought by the Plaintiff against the Defendant, for a criminal conversation 'w eh his wife. Sir Vic Any Gins, the Attorney General, followed on the same side, and stated that the Plaintiff was an attorney of that Court, well known, and who bore a most respectable character. He became acquaint ed with Mrs. Gregson, at Leeds, in Yorkshire, in the year 1792 ; she was of a respectable family ; her name was Close • a mutual affection took place be tween them, an d were married in the same year, with the mutual consent of their friends. He brought her to London, and they lived in the most .perfect harmony. He would prove there never ap peared a more affectionate couple. The Defendant was a merchant of opulence, living in the City, who could not be unknown to the Court and Jury. In the year 1802, the Plaintiff, from fatigues of business; became ill—his physicians advised him to take the country air. He took a country house at Layton stone—the Defendant had a noose in the neighbour- - hood—some mutual civilities passed between them, and an acquaintance ensued, which commenced by visits and parties. The Defendant was a widower, and had two sons and a daughter—his sister in Jaw, Mrs. Turner, used to be at his house, and the Plain. tiff and his wife occasionally visited them. Those simple visits were repaid by visits of another nature — mysterious ones—the Defendant coming to see Mrs. Gregson at a time the Plaintiff was engaged at Lon don by his professional dutv—keeping . those visits from his knowledge, the blinds of the windows being pulled down whenever they met, &c. The Learned Counsel here stated the evidence. He then observed this was not the first action the Plaintiff had brought. He had brought a similar one against one of his da mestics, and the Jury had even him a verdict for 2001. damages. The Jury might think it singular, if the present D efend:ant had injured the bed of the Plaintiff, why he should have brought his action against the coachman. The fact was, he never had any suspicion of Mrs. Gregson, until the beginning of the present year, what he was informed of her crimi nality with his servant, and it was in the prosecution NZWGALIC RACES.--Thursday last, being the day I • appointed for the races, and other rural sports, which ! are annually held on these delightful Sands, a large concourse of Nobility and Gentry of the County were I assembled by twelve o'clock, the hour fixed on for ' the commencement of the sports. Seven horses start ed for the cup, which was won, after three extremely well contested heats, by Captain SPIRE'S'S brown horse Jassy. The beaten horses then started for a saddle, which was won by Major CHATTE'S chesnut horse Young • A hack race -for a bridle and whip afforded excel lent sport, and the prize was carried off by a pony belonging to Sir THOMAS KYAN. The sports on the Sands bei.'g concluded, the Gentlemen retired to partake of 'a sumptuous dinner at Sennet's Hotel, and the Ladies hastened to the Marine Villa on the Hill, to whom a general invite tien had been given by its'amiable inhabitant, Mks firceas. Soon after dinner; the Gentlemen were summoned to attend the Ladies at the Villa, when dancing commenced on the Lawn, to the charming music of a Pandzan band, stationed in the Conserva tory. Three military bands, placed in various parts of the pleasure grounds, played martial music. Ices, and a profusion of the choicest fruits, were served to the company, who departed at a late hour, charmed with the urbanity of the lovely hostess. Arrivals at Edinburgh— The Marquis of Thehfield, Lord and Lady Keith, the Hon. Misses Elphingston and Mercer, Colonel and Mrs. Pringle, D. Moor° of Kilcairn, Esq. and the two Misses Monros ; Colonel, Mrs. a nd Miss Armstrong; lames Maedor.4ld, Esq. M. P. Co lonel Stewart Nicholson. D. Moan) B suing, Esq. and two Mr. Pringies of &tuba. The latest arrivals at Brighton are— • - lof the action against him, that it was discovered the Prince and PfhICCSS CaSteleiedi s the Lord Bishop of Chichester, p resent Defendant had been the seducer. It was then Lady Hales, L D. Campbell, Esq.-Earl and Countess of Berke- i the earnest wish of the Plaintiff that the action might ley, Lead Dursley, Lord Viscount Delvin, Mr. Swain, R. Beecher, Esq. Mr. and Mrs. Johnson, Mr. N. !. =mares, L I). I srae li, E st have been withdrawn, and the present substituted in Mr. Wm. Taylor, Mrs. Ramus, Alderman Sir Wen. Cu r ti s , Rev.. its place. Himself and his Learned Friend, Mr. Gar- Mr. Cole, Miss Morris, Mrs. Shuttleworth, Dr. Waxen, Mrs. I row, were consulted on it, and it was their opinion, Warren Mn. Benson, Colonel Richardson, Mr. Rosenberg, J. that at that time there was not sufficient evidence to Bryan, Esc! ice. dm. institute an action, and they recommended the issue A race of one mile against time was performed ,of th at against the coachman. On that trial it yesterday in the Park by Mr. TORREKS, of St. James's, I came out, by the cross examination of the Defen. who todertook for a stake of 20 guineas, to do the • d ant ' s C ounse l, t h at t h e present D e f en d ant h a d mile in five minutes, at two starts, and to rest half a been the seducer. The Jury might say, why bring minute. He did the first half mile in two seconds ; the present action, when the Plaintiff had already less than half the time, and he did the fi rst mile in : got a verdict ? He brings it, because he feels that four minutes and 4.5 seconds. Bets were agaiast the ' the Defendant was the seducer of his wife's affections performance. —he feels that he was the person that first wounded Mr. GELGION't the Plaintiff in the Crin. Coe. cause, his honour—he feels that he handed her down to the tried yesterday, lately obtained a verdict, as our Rea- I lust of a menial servant ; and he feels that he broke eters will recollect, for 2001. aga i nst his Coachman, i e v ery tic that endears man to man. These causes for having got th e whiff hand of Mrs. Gagosos. have induced him to bring the present action. Per- Coaehir is still in Newgate, detained on a eatia.qtri Rs- haps it might be said that the Plaintiff first preferred firfaieledion. to bring his action against the coachman, because he Early yesterday morning the daughter of a Gentle- , was poor, and not so able to defend the action as the man, of large landed property, in the neighbourhood present Defendant. This could not be. He defied of Chatham, eloped with an officer in the army, who the Defendant or his Counsel to point out one blot in had been lately quartered in that district. The fair the married life of the Plaintiff. He would prove fugitive and her military commander were soon traced him to have been a most indulgent and affectionate to an inn, from whence they were obliged to make a husband. On the subject of damages he had but precipitate retreat, being by the relatives of the young little to say ; in some cases there might be a mitiga lady closely pursued. They were enabled, however, tion of damages on account of youth—there might through the assistance of one of the domestics in the , be some allowance maue for th: warns passions of house, to out-manoeuvre their followers. Should they ; youth ; but this was not the case with the Defendant. obtain a marriage, the gentleman will possess a fortune He was not-excited by any such stimulus ; he was- a of 25,0001. left to the young lady, in `rust, to be paid cringing, plodding, and designing adulterer. He on her wedding-day. I was a widower, and had enjoyed the comforts of a married life. He was a father, and ought to have Tuesday a labouring tr. n having found his wife in sheen his children a better example. He was the an illicit amour, the husband, without waiting the friend of the Plaintiff, and he abused his friendship tedious process of the Courts of law, thought fit to in the most tender point, by seducing the affections of bring his action on the spot, and sr) completely covered him with mud, by rolling him in the kennels of Drury- , his wife, a woman whom he had most tenderly loved, lane, that it was impossible no discover a feature in and who returned that affection until the Defendant his face; the defendant, however, too k to hi s h ee l s , I poisoned the purity of her mind. These facts must sink deep into the minds of the Jury. He would and thus released himself from so dirty an affair. leave them for their consideration; and he only asked Yesterday evening one of the Hampstead stag es them to consider themselves in the situation of the broke down in Tottenham Court Road. A female • ' Plaintiff, and to give damages accordingly. passenger was thrown under the coach, and much The marriage of the Plaintiff and Miss Close was hurt. She was taken to a house in the neighbourhood. admitted by Mr. Dallas. SPANISH PATRIOTP.—Mr. THELWALL'S two philli- Mr. Cooke deposed, he was intimately acquainted pits against the boundless ambhion of the Oppressor with the Plaintiff and his wife ; they always appeared of Europe, and his animated Pindaric Ode, addressed ats live very happily together. He always thought to th_ energies of the British Nation, in behalf of the the Plaintiff was a very kind husband. In October Patriots of Spain, on Monday and Tuesday evening, last they were at his house for a fortnight, on a visit, at the Pox-Masons' Hall, were attended by audiences and there never appeared to be a more affectionate tone) , numerous and le ;pectable, and indeed beyond (butt. all that could have btN a expected at this time of the Rev. Mr. Wilson, officiating Minister of St. Tear. The enthusiasm of applause with which both Bartholomew's parish, confirmed the evidence of the the Poem and the Ora. Was were received, evinced at- f irst w i tness . once the deep feeling of the public upon this interesting Mr. Lewis Leese, surgeon and apothecary, deposed,. subject, and the popularity of the Speaker ; who, after that the Plaintiff was a most kind husband, and it was having denoted so malty of the recent years of his life in by his advice he took the house in the country. the instruction of youth in the elements of the science Mr. Dixon knew the Plaintiff nine years ;he was of Elocution, and remoivag the obstructions of human now his partner ; he resided in the house from Feb. utterance, now steps forward once more to evince, 1803, to Feb. 1805 ; Mrs. Gregson had often boasted that the practical powers of the Ornsor are not lost to him how happy she was, and how good her husband in the abstraction of technical rules, and to exhibit, was to her. en a great and important occasion, the practical ex- Several other witnesses spoke as to the apparent cellence of that art, whose rules and principles it is affection between the Plaintiff and his wife. his profession to teach. The Phillipics will be con- Naomie Sakar was the first witness, who deposed to tinted, and the Ode repeated to-morrow evening; the circumstances stated by the Learned Counsel.— and again for the last time on Monday.—Mr. THEL. She had been in the capacity of housemaid to the WALL'S Mission into the West of England preven- Plaintiff, at his country house, in the years 1892, ring, for the present season, his further exertions in 1803, and 1804. She confirmed the statement as to the metropolis. the frequency of the Defendant's visits, which lasted Tuesday neat will be the Stb day of Drawing, generally for two hours. He called abOut twice a }loamy and Co. respectfully acquaint the Public, week and generally in the evening. He used com that they continue their original plan of returning to neonly to come between six and seven, and stay till thepurchaser of a Ticket (or Tickets to any amount) near nine. Mr. Gregson returned from town be- One Pound above the price paid for the same, be raven nine and ten. On the days that Mr. M,Tag what it may, after every day's drawing if undrawn, cart Visited her, Mrs. Gregson used to dress about which ensures to the adventurer an easy mode of ob- two o'clock, whereas on other days she dressed in the taming e v ery Capital Prize, at a tri fl ing risk. Prizes morning, and did not alter her dress during the day. in the I are to,ooa 10,0001. 5,000/. 2,000/. On the days of Mr. MiTaggaree visiting her sbe dres 300L la. and the usual proportion of smaller prizes. sod somewhat more gaily than at other times, and Tickets and Shares are selling, *a:ranted *indrawn, always changed her dress entirely. She was certain at their State Lottery Offices, 28, C,ornhill p 52, Cha• of this fact, as she was the person who always aired sing-miss and St. Margaret's-hill, Borough. her mistress's shift at the kitchen fire. One night she . . came into the room just as the'riefendaiti ivisloinesnistress not having ordered tiiii,he r s . ifspectedtbire away, and saw her mistress's hair quite disordere d, 'Was something improper going forward, and wishir and her dress discomposed. Her mistress appeared his master might discover it, at the same time ' to be very much hurried, and went out into the gar- fearful of informing him of his suspicions, he Arai aen for a few minutes, and afterwards, without say- at the gate for him, and had it open when he c ing a word to her, went up stairs immediately, to set so as to prevent him from ringing the bell, afrai, herself to rights, before Mr. Gregson returned. She might alarm the Defendant. He was certainly recollected one night, that the Defendant had been his mistress in the drawing-room on the anival With her in the garden, she overheard a serious con- master, but he made his escape before the Plai versation after he was gone, between her mistress and got into the room, and not one of the servants '.. Mrs. Close, her mother. She did not hear the pare- i which way he went ;he might have been disturbe, culars of the conversation, but her mistress burst into by the noise of the horse's feet, or by the noise tears. The defendant had sometimes been sheWn Plaintiff made in passing through the kitchen • into the drawing-room, where Mrs. Close was, but Plaintiff seemed not to have the least suspici generally went into the, garden directly, when there' what was going forward, was company in the house. I Mr. John Keymer, jun. deposed, that his On her cross-examination she said, she had never was the partner of the Defendant ; there were taken notice of the sofa being put out of order at those letters produced to him, which he said were not visits. She believed her mistress did sometimes drink hand-venting of the Defendant, nor could he sa' a little too much. whom they were written. Elizabeth Graves was also a servant at the country Here closed the Plaintiff's case. house at Layton. She confirmed most of the circum- Mr. DALLAS then made a very able speeCh stances stated by the last witness about the visits of part of the defendant. He said he should have hardi the Defendant. She had once seen the Defendant a word to address the Jury on the sebject of danr kiss her mistress, at coming into the room. The kiss for that upon which 'be meant to rely was, th. appeared not to have been at all forced from Mrs. defendant had pin a true plea on the record when Gregson, but giveil voluntarily. It was she who saw said he was not WI - fa thecrime imputedto hi: - Deft the . ,Gtendant - drag her mistress into the path in the shrubbery, which only led to a waste spot behind the green-house. She stopped a few minutes, and then returned to the house, and told her fellow-servants. . William Woodburne had been ten years in the service of Mr. Gregson, and was latterly his foot man. lie went out to the garden at the time spoken of by the last witness, and after waiting some mi nutes, he saw the defendant quit that, spot by him self, and he immediately went away. The defend ant never continued his visits so late as the time when Mr. Gregson returned, except once. The witness, supecting that there were some improper doings, left the gate open, in order that Mr. Gregson might come in without giving any notice. The defendant, how ever, contrived to get away, some way or other, with out his master seeing him. He had himself seen the I defendant kiss his mistress three different times at least. He had taken one or two notes from her to the defendant's house in Broad-street. He had gone into the room once unexpectedly, and saw the defen dant and his mistress sitting on the sofa, dose to each other. He added that he believed this was ,in the month of November 1803, but certainly before the coachman came into the service of Mr. Gregson, for that Mr. Gregson did not set up his carriage until the month of Pei rUary 180 t. Miss Matilda Phipps, a young lady only 14. years of age, deposed, that on the 11th of March 1804, she being then only ten years of age, paid a visit to Mrs. Gregson, at her house in the country. When the des. fendant came, she and her sister were sent into the garden, but afterwards, in passing by the study win dow, she saw the si.!fendant kiss Mrs. Gregson. It appeared to her very improper, and she • mentioned tt to her mother when she went home. This witness gave her evidence in tears. Thomas Meredith, who had been at the house in the country, in the absence of the footman, was desired by one of the maids to get a lanthorn to light the deo fendant home. It was a dark night, and when he Was in the hall he saw Mrs. Gregson and the defen dant come down stairs together. In the upper part of the house there were no rooms for the reception of company, but only bed-chambers, and a small dress ing-room of Mrs. Gregson. Elizabeth Woodroff, another servant of the plain. i tiff, spoke as to the transaction at the town-house.— She corroborated the account of the visits, and the blinds being let down. She has seen them sitting very close to each other, on two-arm chairs. She remembered one day in the beginning of the present year, that, during one of these visits, she heard a noise of the moving of chairs, which continued for some time. She was herself a married woman, and had . no doubt that a criminal act had been committed at that time. The kitchen, in which she then was, was separated from the parlour . by so thin a partition, -that every noise could be distinctly heard. Her mis tress used, instead of rinsing, to rap at the partition when she wanted any thing. When Mr. M'Taggart came out, he went into the kitchen, and began to speak to her about the smallness of the kitchen. 'Mrs. Gregson then came out, and the witness endeavoured to look at them, as she had the strongest suspicions, but they both fixed their eyes so full upon her, that she could not look at them. Her mistress immediately went up stairs. She went into the room, and saw the•chairs placed in a different part of the room, and very close to each other. On her cross-examination, she said there was a loose cover over the sofa, which was not discompos ed. Although she had the strongest suspicions of a criminal connection having then taken place, she did not mention it at the time, as she did not think that one circumstance enough to take away her mistress's character. Jane Hayden, formerly a cook to the plaintiff, de• posed, she remembered the frequent visits of the de fendant to her mistress in the absence of the plain tiff. He generally came in the evening at dusk. She never knew him to remain until the plaintiff's return from London, except once ; when he came he gene,- rally asked for Mrs. Gregson ' • he met her in a man ner that no other gentleman did—he used to-make his obedience to her, take her by the hand, and whis per to her. Fie called one day, the witness informed him her mistress was either in the field or garden, and that she would call her to him ; he said she need not, as he would himself go to her ; she looked after him, saw them meet and go into the dark walk ; there was a shrubbery on both sides ; they did not come out again for half an hour, when her mistress's dress seemed discomposed. In Spring 1803, the de fendant came to the house in town • the witness went up with him to the dining-room ; Mrs. Gregson had gone up stairs ; she told him she would call her, and as she shut the door Mrs. Gregson leaned over the bannisters, and asked her if it was the defendant ? She answered in the affirmative ; when she desired her to come up stairs to assist her to put on a clean neck-handkerchief ; she did so, and Mrs.Gregson went to the dining-room, where she and the defendant re mained an hour and a half or two hours. James Cooke deposed that he lived servant with the Plaintiff from 1802 to 1804; he had perceived the frequent visits of the Defendant in the absence of his master. One night that the Defendant staid ra ther later than usual, it being _quite dark, and his _ .mputeo misted that after - the Jury had heard the observ; which it was his dutyto address to them, they be of opinion that the crime of adultery had not proved ; and he, in' his conscientious opinion, bei that it had not been committed between these p He did not mean to say that paying frequent are visits to a married woman in the absence of ht band was in itself a proper thing. He did not mi deny that personal familiarities, such as kissing as had been sworn, was a censurable action; but deal more must be proved before any thing like. tery could be established. As to the visits itt the sent instance, it was evident that if the defend• sited Mrs. Gregson at all at her country hout must have been in the absence •of her husband. had been proved that her husband was in the hat going to town at eight in the morning, and r turning till nine or ten o'clock at night. It cor then be supposed that any one would come visits before eight in the morning, or after t. night. The kissing her (which had been sworn was, perhaps, a censurable familiarity; but was recollected what sort of a woman Mrs. Gi was now proved to be, it was not easy to ascertal what degree he might have been provoked to miliarity. As to the blinds of the drawing-room down, it had been confessed by one of the wit on her cross-examination, that the sun shone stron; that room, and the blinds were generally dos , greater part of the day. His visits had usually place about six o'clock, when the blinds were nai down, as the sun still shone on the room. As ' that was alleged to have passed in the country hk never heard a charge of adultery attempted to , be out on such slight circumstances. It had not apy that the doors were ever fastened; servants had c uponthem without notice, and never saw them in decerit situation. Once they were seen sitting together , a sofa, and another time on two arm chairs, but r time was there any thing like indecency in their tion. It was proved that Mrs Gregson dressed self a little more when she expected a visitor, that she was not quite so cleanly in her person she expected to be alone. There were, howeve circumstances from which adultery could be infi The frequency of his visits might perhaps be ac ed for on another principle. Having lost hi. wife, his home had lost its principal - attraction, he might innocently seek in the conversation ther woman, some of those pleasures which been formerly accustomed to in domestic life. the walk in the shrubbery, although the parties be out of the view of the servants for a short t thought it by rho means followed that any thing crie minal had taken place on that occasion. It was a little extraordinary that those servant maids, who were so attentive to one part of the transaction, should not have also observed when their mistress returned, whether her dress was so discomposed, or whether it bore any of those marks which might have been ex pected from such a scene, as they had supposed at such a place, and under such circumstances. In fact, none of those strong circumstances were brought forward upon this occasionwhich were always brought forward in every similar case, when it was attempted to establish the filet of adultery, from circumstancesi and yet, when it was recollected the Plaintiff was an eminent Solicitor, and that almost all the witnesses were his own servants, it could not be supposed that there was a single circumstance omitted which could, by possibility, have helped out the case. The facts sworn to at the town-house were of die same descrip tion. No doors were ever fastened, and the parties were never found in indecent situations. As to what one of the witnesses swore to having heard from the kitchen, it was the most improbable story he ever heard in his life. Could it be supposed that any•woman who knew that the room that she was in was separated from the kitchen by so slight a partition, that every noise could be distinctly heard, and who herself used to rap at that partition when she wanted her servants, should so far expose herself to them as had been described by the witness ? 'When Mrs. Gregson came out, the witness had not ;observed any disorder in her dress. When she went up stain, and the witness entered the parlour, she Found the sofa not disordered, and the only suspi 'cious circumstance she could find, was the two arm chairs close together. The Learned Counsel dwelt at some length on the improbability of this story, or of the actual commission of the crime which had been charged against his client. He felt so strongly that his client was entitled to a verdict, that he did not know how to say any thing in mitigation of damages, which would appear as if he gave up the strength of !Isis case. If he were to speak, however, about da mages, he would beg the Jury to connder what sort of a woman this was, for whom the husband came a ' second time into a Court of Justice to demand repa ration in damages for the loss of her society. The '',first verdict gave him a right to be divorced from this bad woman, and a verdict now could givehim nothing but pecuniary damages. He might mention that this was a woman who had been married a long time without having any children, who was proved to be given to drinking, and whom the Defendant might have visited at first from the most innocent motives, being a near neighbour, and having himself lately lost his wife, whose conversation gave his home a d there rishing being • ... atched came, raid it y w th l of his laint • ' ; knew turbei ire the • 4 ; the cion 9f father e three _ • tot the say by • ; on the hardly .mages, hat tbs • !heti he im: He " vations r would of been )elieved parties nd long ter hus- nean to ing her, a great re adul- the pre- iant vi- ouse, it td. It habit of not re- Duld not to pay • ten at rent to) when it ' 3regson rtain to this fa- m being itnesses, trong on own the ly taken taturally • s for all louse, he be made ippeared come in n any in- • ;etheron it neither. eir situa- ssed her , - tor, and on when 'ever, no inferred. • account- his own tion, and n of ano- he had As to ies might t time, he thing cri. I