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

a double adultery. Here there was no plighted kith, no blood-relationship, no attempt to palm upon the husband a spurious bastard issue. He beg ged he might not be misunderstood. He did not mean to deny, that because there were none of those aggravations, that therefore there was no guilt ; he did not mean to deny that a crime was committed ; the Record proved the contrary ; and if it did not, he should be ashamed if he attempt ed to delude their common sense by arguing that no criminality existed. But lie would say, that when his Learned Friend extended to the offence of the de fendant that extremity of censure which he had ap plied, and called for that severity of punishment, he performed the very worst service he could to the ge neral cause of justice and morality. He appealed to the Jury whether the Attorney General could have depicted the defendant's conduct in more vivid co lours, whether he could have called down ampler damages, if he (Sir H. Mifdmay) had itood before thorn a hoary-headed adulterer, practising upon the • senses of his victim, allied to the husband by tbeties of blood, himself a married man, seeking to impose upon the injured party a spurious progeny, and not making the deluded woman even his mistress, but only the minister of his own unnatural and impotent lost ? Was that, however, the case of the defendant ? Was it not, on the contrary, the very reverse, and witl out one lineament of resemblance ? He wished, however, that the Jury would consider what damages such a case, if it came before them, would deserve, and deducting the difference from the damages now asked, assign it as an adequate compensation for the one then before them. They heard theconnection which subsisted between the parties : it was one, not of blood, but merely of marriage. The Attorney-General, how ever, characterised the crime of the Defendant by the epithet of multiplied incest," because Sir Harry Dl ildm ey had been married to a sister of Lady Rose bee ry, while another sister was married to a brother of the defendant. How his Learned Friend, with his accuso med accuracy, came to make such an asser tion he knew not, but it did so happen there was no multiplied incest at all. Had Sir Harry Midmay married one sister, and his brother another, and the Defendant had seduced the wife of his brother, then iedeed there would have been some room for such a phrase. But as to the question of incest itself, his Learned Friend could not but know, that if a man married his wife's sister after the death of his wife, no incest was committed. Men's feelings Isere not so repugnant to that species of relation ship as to justify his Learned Friend's expression, whatever technical and precise distinctions prevailed in the law with respect to it, by which marriages so contracted became null and void, if challenged.— The very connexion, however, that subsisted between the Defendant and Lady Roseberry, became the snare into which they both unhappily fell. When he lost his wife, an amiable and lovely woman, he sought conso lation in the company of her sister, who bore a strong resemblance to his departed Lady, and it was not very unnatural, though much to be lamented, that love should have arisen out of such a case. It happened that Lady Roseberry loved her sister as ardently as her husband had done, and to console him for his loss became a melancholy satisfaction to her. Thus those two young persons, in the height of blood, had by degrees their feelings so excited, their Linen s so exalted, 'het their judgment was laid asleep, and they knew not the awful precipice upon %video they stood. He had a right to say their judg ment was lulled asleep, for it was even so with Lord Res yei sy himself, who was free from that greatest of a l deluders, self-delusion, and confided in that relaieinstiip wl ich had betrayed the defendant, and tl.e unhappy Lady, his partner, in the offence. They a wok at last from their trance, and if he were per mitted .he could produce nomberkess letters, and mane roes witnesses which would prove the agony, the snow, the wretchedness, which the convic tion of their transgreseion had excited in their minds. He should be asked, perhaps, why, when they dis:overed their error, they did not at once come to the resolution of abandoning it ?, .-but that very remedy presupposed the offence. Happy had it been fir them if any strong necessity, any power had stepped in to check their mad, their infatuated career. He knew but one per son in the world who could effectually have done so; but his hands were tied up, and he could not tell.the Jury who that person was, because he was enjoined not to breathe even a whisper which might affect the cenduct of the plaintiff. He could not tell them what effects might have followed from that interposition, it it had been exerted in 1813;` what beneficial result might have ensued, if, instead of a conditional veto, a positive prohibition of intercourse between the defen dant and Lady Roseberry had been pronounced ; he deplored, without blaming, that such was not done; he wassorry some such precawionary measures aswere so wisely resorted to between the Tuesday and the Sa turday, bad not been earlier employed ; and they would have ensured success. He should not detain them, lioviever, any longer ; but only entreat them once more, as men of plain and ordinary understan dings, I,stit to separate without looking at the case calmly, dispassionately, and impartially. They would then be prepared to give such damages as would amply vindicate the character of Lord Roseberry, and that was all they had to consider, as men were in the habit of saying, or pretending to say, that in such cases it was not pecuniary damages they re quired, it was not their wife's dishonour which they wished to coin into money, but their own honour which they sought to justify. Let the Jury only ask themselves what they would have done if such cases as Often do occur had come before them, and what they would do hereafter if such cases should come be fore them, and their answer would be a verdict of such moderate damages as would satisfy the ends of justice, and at the same time the honour of the noble plaintiff. He would only add, that if one word had fallen from him which could by possibility, be interpreted into any thing like accusation or reproach to Lord Rose berry, he begged it might be attributed to the hurry of the mometit, to his rudeness of speech, or to the infirmity of his temper, or to any thing rather than a desire, which he utterly disclaimed, of saying any ding disrespectful of the Noble Plaintiff. Mr. BIRCHALfy the Under Sheriff, then proceeded to suns up the charge to the Jury, which he did very summarily, when the Court was cleared of strangers, and the Jery, after deliberating for nearly two hours, delivered a verdict, dwoulik their Foreman, Sir Na thaniel Conant, for tbe Pliontiff—Utmages £15,000. 1 .• •". •••.• :11 7 FRENCH PAPERS. FROM THE GAZETTE DE FRANCE OF DEC. 7. We are authorised to publish the following 'Ater, the contents of which are authentic : " PARIS, DECEMBER 6, 1814. " I write to inform you from the Chamber of Peers ,whom .1 find revolt at the false assertion that The ✓ournal de Paris dared to make yesterday, Jod which many Journals of this day copied, relative to the noble discourse that the Marshal Duke of Toren tum delivered in the sitting of 'Wednesday, upon the law order ing the restitution of the estates of the emigrants. " The intentions and language of the Marshal arc strangely travestied. He did not propose, bwt he announced that he should propose, to create funds to indemnify those emigants who should not recover their property, and also to replace the detatlons of from 500 to eOOO francs only granted to the wounded military, who might, in consequence of the late Peace, be left destitute. Instead of this, what said The Journal de Paris I It dared to an nounce, that in order to give the emigrants despoiled of their pro petty a mark of consideration and of interest. The army had resolved to make a fund of 12,n("0,000 our of their pay, from the Generals down to the private soldiers. The statement is fabe and absurd. Alonsieur the Duke of Terente could not make any offer in the name of the army, of which he is one ornament ; but of which he is not the representative. A great act of gene rosity may he conformable to the character of the French mili tary; but there is not one emigrant who w0u1..1 be willing to ac cept an indemnity deducted from the pay or the recompencts acquired by our brave troops. The opoinion of Monsieur the Marshal had for its object to ameliorate their situation, and net to diminish their enjoyments. " NOTE.—Conformably to the demand expressed in this let ter, The Journal de Paris, with whom this false statement origi awed, has bet n suspended until further orders." HAVRE, NOVEMBER 25. It results from a dispatch from the Secretary of State for the Marine Department, " that no change having been introduced into the Colonial Admini stration of the Danish and Swedish possessions, French vessels would be admitted at St. Thomas and St Bartholomew, on the same conditions as before the war. But, whereas, in consequence of the dissentions which agitate South Amerka, the presence of our flag in that quarter might give rise to unfavourable interpretation, which it is prudent to avoid, there is consequently no occasion for the merchants to engage in speculations respecting those colonial productions." His Excellency, however, adds," that there is nothing to prevent the vessels preparing for China, as well as for that part of the United States which is not inclu ded in the English blockade, from sailing for their destinations." VIENNA, NOVEMBER 27. For some time past the conversation in all political circles, has run on a note transmitted by Lord Cas tlPreagh to the Count de Nesselrode.—Every one was desirous of knowing its contents. We have learned this day, ttat it relates to the affairs of Poland, and that it has been communicated to all the Ministers of the Great Powers. It k true that all the 'details of this communication have not transpired ; but it cot:- tains serious complaints upon the delays created by Russia against deciding the fate of Poland. Russia, it is said, was at first desirous of reuniting all Poland to its dominion. Its Sovereign v:.ts desirous of being indemnified for the losses he had sustained ; the expenses of a foreign war, and the destruction of the capital of his empire. This proposal was not listened to. He afterwards proposed to reunite the Polish provinces, and form them into a kingdom, to be governed by its own laws;) but which should submit to the sovereignty of the Russian Empire.— The second proposal was not better received than the first. It is believed by many, that Russia, will be unable to obtain the Vistula as a boundary ; and they go so far as to say, that its Plenipotentiaries have de clared, that under this supposition, its Government will be itself obliged to shut the Sound, and to inter cept all communication with the Baltic. Prince Talley rand, proceeding in the system of mo deration and equilibrium that France has adopted, and supported by the English Minister, has recalled to recollection that it was the preponderance of Na polean against which Europe armed. It is this decla ration, and these discussions, which have made many people imagine that the affairs of Saxony would take another turn. Orders have been given to reinforce considerably the Austrian troops in Gallicia ; these reinforcements ..re to amount to ten regiments. MADRID, NOVEMBER 25. The arrests have begun again as fresh as ever. Last night and the night before, a great number of citi zens of the most distinguished class were conveyed to prison ; amOng them are mentioned the Count de la Cimera, formerly Directrm-General of the Rents ; M. Garcia, Director of .the Philippine Company; Iran diola, Ex-Deputy of the Cortex ; the husband of the Marchioness d'Alcaniz, a Grandee of the first class ; the Counsellor of State Romanillos, formerly a crea ture and inseparable friend of the Minister of State Cevallos ; a Chief of Division of the Ministry, Scc &c. Well informed persons assure us, that an order for s the apprehension of Cevallos himself, was issued the very day before he was appointed Minister. The vic tory remained with his party, but the issue of the con- test was long doubtful. We announce with pleasure the liberation of Gene. ral Alava, owing to the high protection of his friends, the diligence of a courier, and the interest manifested in his behalf by his countrymen of Biscay. It is said that this province was on the point of sending a de putation to his Majesty on this subject. Amidst acts of severity which strike persons of all opinions, the King retains great popularity : he grants even to the lowest classes easy access to his royal per son, and the people are never tired of extolling the virtues of their Sovereign. 7 THE EVENING STAR. LON DON. MONDAY, DECEMBER 12, 1814. - - - PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK! Reduced 6511-4 per Cent. 81 j. 82-15 per Cent. Navy shut Consols shut—for account, 66+ 67—Omnium dis. Bank Long Ann.. 16}i —India Bonds HMSO.. pre.. *Es chequer Bills par, to ss. prem. Since our last we have received Paris papers of the 7th and Bth inst. the principal contents of which are extracts from German papers and private letters from Vienna relative to the matters under discussion, re specting future political arrangements. It is stated that Lord CASTLEREAGH has strongly remonstrated against the proposed , annexation of Po land to the Russian empire, either as a province or a kingdom. France also sueinuously opposes such an arrangement. Nothing however is yet definitively settled respecting either Po'anal or Saxony. .The question respecting Naples also remains un decided. In our opinion, too great attention cannot be paid to the affairs of Italy. If it is desirable that large Empires should be formed by the junction of little States, in no part of Europe does this seem to be so imperiously required by the present circum stances of Europe, and by the dictates of sound policy, as in Italy. To us it appears just as impolitic that Austria and France should be allowed to extend their influence in the South, as Russia in the North of Eu rope. Give independence to Italy, and you will give a real blessing to Europe. The Italians, though so much depressed that the F•ublic of other countries hear but little of them, are the most polished people in Europe, and need but in dependence to make them eventually a most com manding people, able to restrain the mad projects of any other great Power. Is this to be got by securing Sovereignty to the Pon? No, no ! The time is past for such folly. Reduce the Priest to his own office. Let the Bishop, if you will, have the revenues of his Bishopric ; but let him, as all Priests ought to be, be subjected to the Civil Ma gistrate. In the South, we repeat it, a great in dependent empire is much wanted ; but in Germany the greater the number of small States the better, „bile Austria, France and Russia retain their pre sent rank in the scale of Empire. The Journal de Paris is suppressed. The reason assigned in the mandate by which it is extinguished, is the publication of a speech from Marshal Mac- DONALD, in the Chamber of Peers, which now appears to have been a fabrication, for the purpose of sowing dissentions. Our Readers will recollect that the Journal de Paris was conspicuous for its philippics against England for the capture of Washington. The pretended uproar in the Milan Theatre, in fa vour of BONAPARTE, and a thousand other offences contra Imo: morn, had also, long since, rendered its Editor unfit for the office which he had assumed. We have alt,o received Hamburgh Papers to the 4th, and Dutch Papers to the 10th inclusive. Ac cording to a letter from Vienna of the 24th Novem r, in t1.41-larnburgh Papers, " the negociation, have assumed a more favourable appearance than for some time befcr.:. It is affirmed that the great Powers will shortly come to a perfect understanding ; And some go the length to assert, that many reported differences were only feigned in order to discover the views of a certain foreign Power, respecting Germany. —Austria has 'absolutely nothing to object to the union of Saxony with Prussia ; and Bavaria has also 'been placed, by means of .Austria, in possession or the greatest part of the Grand Duchy of Francfort.---1 I The greatest difficuly remaining is about Poland ; but it is ear from impossible to surmount it." According to the Continental Papers, the Negocia tions at Ghent arc carried on. with great activity. This we know to be correct. They add that it is known that ltngtand has relaxed much in her de mand s , and that America has lowered her tone, and is now willing to make some concessions for the sake of Peace. For some time the Negotiations have been carried ON by an interchange of Notes, but matters are reported to be now so far arranged that personal conferences are expected to take place in a few days. However this may be, the speculations on the signature of Peace between this country and Ame rica are acted on with more activity in the City than at any period since the report gained credit. The Brokers, who in the first instance made large purchases, still continue buying great quantities ; and the Policies at LLOYD'S are 30 guineas to re turn 100 guineas for the Ist January, and 85 gui neas to return 100 guineas for the 16th of the same month. Our Readers already know that Sir ALEXANDER COCHRANE sailed from Halifax about the end of Oc tober with a formidable naval and military armh ment. We can state, that the destination of this force, which was to be joined by several regiments from Jamaica, is the Gulph of Mexico, which will be the scene of an enterprizing and brilliant campaign during the winter months. The American States are doomed, we sincerely hope, to see the Floridas and Louisiana wrested from them before the war is terminated. The coast of the Southern States will also receive a visit from Sir ALEXANDER COCHRANE'S Expedition en Illusant. Sir JAMES YEO having now cleared Lake Ontario , of all present appearance of annoyance from the Ame rican flotilla, is about to retire, in consequence of ill lwalth. Commodore Owe)/ succeeds him in the com mand, and the NIOBE, Captain Decom, is fitting at Portsmouth to carry his broad pendant. By the Astrea frigate from the Brazils, we have received the following communication ; " BUENOS AYRES, SEPT. " News has been received today that Pizuela, the Royalist General of Lima, having been apprised of the events he Europe, has proposed to the Independent Party an Armistice, and has offered to withdraw his troops, under the conviction that these occurrences will cause the Governor of Buenos Ayres to come to an understanding with the Mother Country. " it is asserted from authority that the Deputies to be sent by this Government to Spain, will treat with the parent state under the immediate cognizance and sanction of Great Britain." It is further stated, that the proposal of Pizuela was to retire with his army from Salta in the Tu cumon country to Desaguadero, or what is called the Garganta, or Throat of Peru, a district of a very strums military character, separating Upper from Lower Peru. The Government of Puenrs thus left in the undisputed possession of the the ancient Viceroyalty, rf which that tit capital, until arrangements with the Mt try shall have assigned different limits vernment of the River Plate. The propositions by the Deputies to the SPA IN are said to be his Supremacy over tit , on the condition of their representation in with all the rights, political, maritime any cial, which they have lately enjoyed. 'll ICS , he whil e :it! w as [other-co te , to th e C o , the King o f lie Coh t i es. i the C ates, id counne t . 121i1 Ni =MN • 'T s warra nt. ics , l Atso sit. c7mi r .••A r NAVAL INTELLIGENCE. FALMOUTH, DECEMBER 9. Arrived yesterday his Majesty's ship Brc. with 8? sail of the West-India cGnvo, rived the Duke of Kent packet w;th a Mai, bon, in eight days. To-day Lis Majesty's si with about 100 sail of the Wcst-India following packets have gor.c intothe Ronk _ rough for Lisbon ; Osborne for Halifax, and L or d Hobart for the Brazils. The Duke of Kent on passage home, was cl,ased by .two American priv2- teers. but escaped by superior sailing : onenf the pri vateers carried away her forematt close by thc —Wind W.S.W. strong gales. PLYMOUTH, DECEMBER 10. Arrived his Majesty's ship DIADEM, from the Che. sapeake ; and his Majesty's ship DOLPHIN, from Ikr. muda. Came in the Lord Collingwood, from Guernsey for Newfoundland, dismisted. Put in by stress of weather, the toflowing ships, being parsei the West India fleet, they having parted from his Majesty's ship SWIFTSVRE, &c. in a gale of wind, of the Lizard :—the Archibald, Beou, with loss of bowsprit and fore-topmast, h tying been run on board of by another vessel; the Earl S:. Vincent, &true, having carried away her head by running on board another vessel; the Transpert No. one cf the fleet : the Morland, L-ndon, Coldfiach, William and Alfred, Caroline, Albion, Haw home, and the Louisa and several others hive also come in. When the above ships parted, the convoy had all byre up for Falmouth. PORTSMOUTH, DECEM3ER 11. Arrived the Urbano, Bair:- UN, from the Isle of Bourbon—sailed a single ship 10th September. The Elizabeth, Foitamr, -sailed from the Isle of Bourbcm five days b:.l ..re the Urbano. Arrived also his Ma. jesty's ship Li v.atrotu., from the coast of America. DEAL, DECEMBER 11. The ship on the Goodwin is the Hope cf Pirrone., laden with stores—she is now bilged and full of water —craw saved by one of our boati - . Arrived Lis I.la. jesty's ship PENELOPE, fioin Halifax, with SOO Anse. rican prisoners, and s...veral passenzers—sailed 22d November, with the Lott;i: frigate, and ten 511 ot merchtunraen, and patted with them oil . Cape Sailed the Dedalus and Duncombe transports, to! Portsmouth.—Wind W. CORK, DECEMBER 6. Sailed his Majesty's ships Bitocuus and VALIANT, with a fleet for the Brazils. The transport which sailed from Cork in June last, and which was supposed to have been unfortunately lost in her passage to Quebec, with 487 soldiers, and t.'-k8 women and children im board, has at length been heard of. The CROCODILE frigate, on approaching the desolate island of Anticosta, observed a part of the crew of the transport on shore, upon which she had been wrecked ; and succeeded in bringing away the whole of the survivors, who had been on the island 37 days. The number of persons who sailed from Cork In the transport was above one thousand, inchw ding the crew. The DAPHNE, Captain Gagatic, is about to take out a considerable sum in specie, and several Gentle. men of the Commissariat department, to Lisbon.— The DA.PHNE will be accompanied by the CALYPSO, Captain Rain, which ship afterwards will proceed to join Rear Admiral FUMING at Gibraltar : When the DAPHNE returns, she will resume her former station at Leith. The damages against Sir HARRY MUMMY, on Saturday last, are the highest given in any criVhcon. cause upon record; the late Lord Gnosysstoa re. covered of the then Duke of CUMBERLAND £lO,OOO, and the same sum was given against the Marquis 0( HEADFORT. Sir HARRY MILDMAY and Lady ROSIBERRY, 00 their landing at Dieppe. immediately proceeded to Rouen, where they made, some stay, and have now a house in the vicinity of Paris. The following paragraph is copied from " Tire Ge. rerver" of yesterday :—"" FACILITY OF PRINTING. The reader of to-day's Observer will perceive Eighi Column: of an interesting Report of a Trial, which was not over in the Sheriff's Court until eight o'clock last night; after which hour it was transcribed trout our Reporter's short-hand note books, composed, printed, and delivered to most of our Subscribers at their usual breakfast hour." SMITHFIELD MARKET, DECEMBER 12 Beef • ils Od to 64 ed Veal 74 Od to t s 0 . 1 Mutton n Sisl Od to 6s 4d Park 6s Od tO 7s od Beasts 3220-Sheep and Lambs 15,240-Calves iOO-Pip VI HAY AND STRAW, PER LOAD. Meadow Hay 41 to SI Os I Clover SI Os to 61 lea Straw 11 101 to 11 16s CORN EXCHANGE, MARK-LANE, DEC. 11 In addition to a large quantity of Wheat left over from Int week, we had a good supply from Essex, and having bet tea buyers, the trade was very heavy, at a reduction of 4s. per quar ter upon the Shiest quality, and the ordinary sorts are Intra 4 unsaleable. Barley is Ss. per quarter cheaper, and dull taw at that decline, although the quantity here to-day was but .nall is consequence of the boisterous weather. Beaus are Is. per Sa: ter lower, and White are 2s. per quarter cheaper, baying a I. -,: supply from Kent and Essex. Oats are from is. to 2s. per ~' -:• ter cheaper. In other articles there is no alteration. PRICES OF ()RAIN, AT MARK-LANE. DEC. 5. Wheat, Kent and Essex, 765. Grey Peas, 445. 475. per qr.-New 4Cs. 645. 665. Small Beans, 40$. 445. Ditto, Suffolk, 401.665. 625. Tick Ditto, 38s. 421. Ditto New, 40a. 68s. Oats, Potato', 28s. sot. Ditto, Norfolk, 50s. 645. Ditto, Poland, 241. 235. Rye, 365. Slls. Oats, Feed, 19s. 255. Barley, 265. 110s.--New 32. 402 Malt, 665. 765. White Peas, 465. 50a. boilers Fleur, tOs 655. per Sack. 545. 58s. Rape seed, 228. 230. per let:. 1014. Barley, SOS. 331. Oats, Feed, 20s. 265. Ditto, Brew, 265. 30s. White Peas, 469.505. - - Foal Wheat, Dantzlc, 665. 745. Ditto, Baltic Red, 511.615. Ditto, liansbre or Bremen, 455. 535. LONDON: Printed by Levin. KENT, Pkkeu Piaui publithed there, ea et the Stir Mut TeatPk ear. Netig • lAkc Si .r■ ,a ~.: - A AM M ti it 1 1 4 with wdl i 40 ., Mel swoon A Tot Isis c ' vi l e asod , Cm tie. IShii tito We a.F pro /Ja the