The National Register. — London, England, 1818-12-27 00:00:00

LAW INTELLIGENCE. COURT OF COMMON PLEAS, Dec. 21. CIIIM. CON.-VAUGIIAN V. SMITH. The damages in this case %vele laidat 14,01101. M r . s er j e ant Copley stated the circunistanees of the ease to the Jury. The plaintiff, Mr. Vaughan, he said, broughi this action fur the purpose of reamer.' ing repalillioll ill dams got, fur the seduction of his wife by the defend on. ca.., of this nature hail been of auchfregm•il occurielo•e, and hail so often been the subject of consideration in Com Is .1 lit tire, that lie thought it millecessary to make any general obsei. Vglltoll3 011 their character, convinru•d at lie was that the feeling• and understandings of the Jury would wages' ever ) thing which he could urge in nit rodueing ►ucln a east- to thia. notice. He thought lie should best discharge his duty to hi elient, by (midi „himself to a plain and simple statement t:1 the case, laving before them the situation of the parties, anti the circumstances tinder which the ultenre iinput....l to de fetid:int was committed. He sae yolle 304 e that the farts which he should lay before (hens im evitienve would lie con -4r:tisk-v. The Learned .ler • jennl then proceeded to s tale t w it the plaintif f , Mr. A'41101411, Was a 'milkman very well known in the sssss sical would, and of cun•ideraule talent , . Sir fat back as the year 1805, he Was illtt01111Cell ; for the lit St ti lie. to a young lady of the name of Tennant. She was then 11 years of age, of great personal beauty and it effilipli*ltmeili%; a dd e d to whirl, she was 1/03/1e43141, in an eminent lei;icc , 01 the saute description of talent for w Welt Mr. Vaughan Ina, been ►o eminently distinguished. At the latter end of 18;15. a marriage took place. }'runt that period down to the time when their happiness was broken in upon by His defendant, they lived together in the greatest possible degree of hat noway and affection. Mrs. Vaughan assisted her husband in the discharge of his professional engagements ; and thus they 1111011141iy contributed to the support of theist.° 1111 l ton offspring. They had had several chtlilren, of wlions six were now alive ; the eldest not ten years of age. 'Die' deli-nil:wit was the son of a Dr. Smith, residing at Richmond, and held ionic other under the Cialvernmelit of the country. 'flue two famines, that of Mr. V 41101411 and Dr. Smith, were upon the most intimate terms. Mrs. Vaughan had two children at school at Richmond, and when she went down to see then►, she fre quently stopped a day or two at Dr. Smith's. In like into. ter, When the Miss Sink hs came to town, they remained at the house of Mr. Vaughan, and, together with every breach of their family, were received with the greatest hospitality and knidness. In this situation thing► remained, uutil at last the (kleinlaut succeeded in sedsiving the wife of Iris friend ; attil, finally, induced her to elope from him. It was here tieces sary to state, that when Its. Vaughan was delivered of her last child, of %Odds her hm•iand was parent, at least, dllO4ll two years ago, she suffered so rmieli in conserpietore of an ilitcrual complaint, that her medical advisers deemed it necessary to recommend that iii future her htsbaud and her abould sleep in separate bells. Mr. Vaughan loved his wife with the titmost affection mid regard; but tiailing it e%pe dient, for her sake, that thins course should he adopted, lie slits egartled his 111%11 gratification, and yielded to die sugges tion. Front that time 1111111 the elopement they slept in separate rooms adjoining each other. At what time the defendant succeeded in efferting his dishonou►able purpose, it had not been clearly atfeertililled ; lint that ac ' sal intercourse had taken place upwards of a year hack, was n►anile.t, IEOIII the birth of the child, of which, no doubt, the defendant was father. This fact was.coriobotaned by several letters from the defendant to Mrs. Vaughan, from the tone and manlier of which, the intimacy wltit•h hail subsisted between 1111.111 W 43 too evident. These letters were noa addressed to Mrs. V. but from their import, and Ilse way in %Inch-they were found, they were clearly conveyed to her. [Here Mr.Serjeatit Cop ley read several passages from die tenets to which he alluded, which were signed by the tiefendasit, and in which he ad dressed Mrs. Vaughan as his " Nearest, Dearest Bess, his very life! his own valued —cherished— most beloved wife."] In these letters he oaken allusion to the situation in wine', Mrs. Vaughan was, from the intercourse which had passed between them—speaks of tlw• pledge of their 1111 l wet regard which lay beneath her bosom, and entreats her to quit het husband's house before be discovers her pia gitailey . Nis. Vaughan finally d sorted her husband and her elands 1.11,411 ii after a short residence of a nuaith in London, pi (weeded to Lyme, in I)orsettiltire, where she was delivered of a boy, the fruit of her unhappy intrigue with the defendant. Haying thus stated the outlines of• the case wbi.,h he 11.141 10 pluse, the Learned Coans••l ativerte•l to the amount of damages to which the plaintiff was entitled. commeated oil tfe loss of domestic happiness winch the defendant 11411 11116t4ilied, •cud upon the aggravated c Wet of the defendant no betray. -ling that confidence 1311101 Mr. Vaughan had, comidering hint a friend, reposed in hint. L. l'ouleltision, he called ut the Jury to mask their sense of the en,e by the mast esein s iiery damages. Several letter,' were put in, and estracts from them were read. After which the following winevsev were called t Mr. Charles Hell, exnnuurd by 31r. Seiteant Copley.-1 am a Surgeon. I at Mos. Viimilian a little ',char her confinement in 181 G. I old the told tit ft to colial•it with her until her he All 11 wa• This w allow 12 months before her last confinement at Imine, wli.eli is to )ears ago. I made the cMIIIIIII Mention to him in Coll .e,inenr. of her slate of health. I du succOleet what piiNzwii between Dr. ill CAIOII alai use me Ink sulipi et. Mary l'avr.e, exaiiiin. by' 31r. I)eiiman.—l lived servant with Mr. V. 11 'rats ; I %V.l,s uut,r 10 the children. I wit , not at home when the child was horn in idle. 31r. and M s. \ aughao lived rely happily until latcly. 1 think 1 111.5t.1 ►awn more happy couple 111 my lite. I onservvil A change in Mrs. V. for the last It itionibs. I think sheappeated eon! to Mr. V. They slept in separate bids. Mrs. V. said she did not wish, to have :my ulnae family. as slue did nut wish to go into pablic in that situation. dies Smith Caine to the limew tierptentiy. 1 never saw any Milo °per conduct between him And my H isnrrs. Mrs. Vaughan went away on the 12th et Jiiii the clay atter her betielit cuneert. She said she was g tt tt g to see her childrr n at 1)111 1111 11. She alw ays tried to conceal her pregnancy. She hid herveif as witch A. 11..1 31r. V. should find it out. She atways Atimped, and sat agaiim the table, whenever Mr. Vatigisaii rime in, or was esent. 1 am certain Mr. V.lngliat, did not khovt. or Ilse pregnancy before she went away. Cross-examined by Serjcant Iliad long known it. She was about six months plegualit Islo•ta she went away. I dated not communicate it to Mr. A ' . though 1 kiti.w it !liter months. Was nut in 1111511 at the 113 ing ill iu 1 bI6 Mr. Smith Was not in the habit of coming home st ills lies es et) night. lie has sometina s come home with her, tint lint intim, unless whew Mr. Vaughan was with them. 1 never SAW any thing improper pass between my mistress and Nlr. Smith 1 knew Alts. Vaughan was its the leanly way, hilt I nuvcr stk. peeterl 3lr. smith. I never urged Mr. Smith to take Mrs. V. , 11411411 4WO. I never told him her situation had become so appment that all the world might perceive it. The plainlill Vd•U tieing closed, Ms. Sciaemit Vatieisan addressed the Jury for the defeutl ant. fir commenced by observing, that he was on that or aaion u ides feelings of a most distressing stature. The case lietoue them was one which, whatever might be its tire - stances, distressed the feelings of the Conine% engaged in it, :he Joilge who presided, and the Jiiry who were to decide upon it. He was aware. that 111.1401011re1l under a ilisadvisil. t age, as on suet' occasions the feelings of Julies were up in anus against any thing that %%as Mt; led for the defendant. He did nut mean to inainnate that their feelings would Ivail them to any improper decision on the subject 5 on the conti dry, lie was eons hired that their verdict, whatever it might Ise,woidd be the tl..nit of cool, deliberate, and impartial comaiiirration. He felt it his duty, however unequal to the task, SO remove as much as possible the ins ist ession made by the elo pieta but exagAerated stateniesit with whirls Isis Learn. d 111 other (Mr. Serjestut Copley) had opecerl this cane. lie used the term exaggerated with re terelice to that statement, as the Jury moat have perceived that it had not been supported by evidem•e brought ferward, lie.ho b e suss to l et f a ll a p.jiwir word which might be considered as annetioning unc invasion on the happiness of a marries' life, but he could not help observing that in the pre scut itedance there 114 d nut been such di case established as vuold warrant the Jury in giving 111.4vy 11,1011.17.v5.--They weir not railed in that box to scout ee the defendant for the heinousness of his conduct, but they were called upon as honest men to give such fair and rational damages, 1111.1 only such, its from all the circumstances of the case the plaintiff was entitled to. There was in this ease great waist of those proofs which only are the grounds for heavy damage.. Here all the Jury had from which to deduce defendant's. delimpsen. cy was a few Idlers witliont dates, without address, and merely bearing the definsdatir s sianaturr. N.) account was even given of the precise period when they cants. into the plaintiff's possession, ;Md. for aught the Court knew, he might have been in possession of them long before his wife eloped ; and he might appear ignoraot raf shit connection, in order to reap, for as long a period as possible, the benefit of los wife's prufeslional exertions ; for it appeared, that the plain. till did nut avow any knowledge of Isis wife's guilt until after the Concerts for the heel.oll were over. Tile Learned See. jeans entered at souse length into the flatness of Ilse evidence, and ingeniously argued on the impropriety of the Waintitf's sleeping in a separate bed Irons his wife for so long a period as two years; which be (the plaintiff) could not havedone if lie loved her as lie wits Sitid to have ilime. It he (the plaintiff) had enntinited to love his wife—if they were ha l ipy and roll. tented together—!ww could he have left her fur a period of two months, and tlmt too when she was its her confinement— . when she was its thwt situation in which his soothing umlaute lion was 10 necessary, and so justly expected by Isis wife ; hue, instead of attettilina up an her—instead of softening slime of the Milst bitter and lo.rinfsel suomeots of her life—lie re 'Rained for a period of two months at a distance of 120 miles from her. Did this look like a continuance of that love and atlection wind' was said to exist? did it appear that the defendant'a coselliet could have plunged a man ca pable of so acting into all the misery :tied distress in which his was eloquently described by Mr. Serjeaut Capley to be? It appeaxed,frion the evidence, that plaintiff had gone about the country with his wife and defendasit that he had left them is Liverpool awl other places ; t h is: he had gone away and lett them lodging its the sane house together. Was plaits. tiff justified in thus leaving his wife unprotected and open to the power of defendant ? The Leas tied Serjealit next ad verted to the disparity of age between the defendant and Mrs. Venal:ail. He was in fact but a boy, and she was a Lady of 35 years of age ; and, besides, her of eight children, six of wham are still living. Might it nut then be supposed tint he was seduced, and not a seducer ? Uuder all circusissiancea, this was not is case which called for heavy damages; and if the Jury wet e to give even a verdict of 5001. against the defendant, it wouild ruin him for ever, as he was merely a Cie' k its 0 Public Office, at a salary of 701. to 801. per animus. It was trite, that if a man could not pay in his purse, he omit pay by Isis person ; but iliii was not a ease of the, aggravated nature which cal led for so severe a penalty. Ho would leave his client's destiny in Ilse hawk of the Jury, with a full confidence they would, by their vet their, sh!iv that they coincided in the observations he had but imperfectly made on the sehject. There was no evidence called for the defendant. 'flit cur on lasals sides being closed, awl the Chief Justice having asinmred his, Ms. Setae/int Vatighan said, .I beg your Lordship's pardon, but you omitted to mention the eircualstaace of the plaintif dud his wife having aepariste beds for two years, though there floor •ared to have been only an order from the surge' tit to that effect, until the Lady's health was re-established, and that. it appear*, had been wiihin n0 , ..-fourth of that petiod. The CltielJnatice—Geittlem..s), I beg yostr pardon, I fou - got to meatiest that cilia* ii•tausee; but beware how you este, , Mist! a precedent of this is store ; yon du n it know what en- etunatanees might have made such a domestic arrangement . Het easary. The Jill y ri broil, and in a quarter :111 hour returned a vel diet Jur plaintitt-I).l.od , tes--One '1 houkand Pounds. 1..11NE51).1.Y. Shortly Ore the Conic .at, dael:r,es came on, in come io,nce o f the thwk 6,g that prevriled, %%lien eamiles being , w hi cll l ) ra il e d Inc, may 1;11,01V mold I,e prOdliCell on the eine. grimy of 'lse moment, and a large lour-to-11m pound dip beitig hunted lip, Chiet*Jinoire Abbott SA . OI. " I shunt hiv e that—it• I Cillll have wax I'll have• ionic—l'll et.litnitn the I .ori —the Sherd or the City of Loudon ought to pinkie nax!" A uax•candic na. AAunty all s ten‘avds produced, and the comae of public justice was nut Wei rupird. HAIKU MON •. SHOWN. This was no action Ist tott4ht by an attotury at Liverpool, to reeo.er tlitologrA for dander spoken of him by the defendant. .The defendant wasil/11 , 11y conc.., to II with a Igra, lialessuan ut a ti•liing which the defendant commanded. Some dispute hotting, at isett bet ween them concerning the piotits .uf the rohret NI, v. liat,man a Ol ird to the as her legal adviser, %%Ito ,rot 44V 011 b(14111 to ',Ai lunsiea• ...oi l of the vessel. Tht iittemiant being violently irritated at this, said, in the brio mug of the two bailiffs, Inat " the plmiitar 14JB 4 —d °IA rogue, and deser‘efl to be halted year* ago ; that application had been made to all the oruiee:• in Liverpool to du what the plaintiff had done, and they iiiruinacd ; mine but a d—d old xeraw I as Ilse planiiilf a mild undertake such a bll,llll',i ; he wilt a d--. 11 old thief mud 4 rmweal; many a betty' rnau haul been in the house nt contr.- 0 0 11.'1 Tl,r words %%tie pi wird by flue of the Invibtiv, who !,, v i lak e ' ' , I l i on do.so at the time, and the jot y gavo a verdict Jur 1)!,.1.1tat1-- 1) I. THURsDAy. _com.l%buN V. Alt R This was the only remaining Special .11 • ie on the bet. It was an action for assault and battery. defendant vt , s sharged in the pleadings wills having assaulted and beaten the plaintiff on board a ship call, the White, i'npri•oned him, and putt him in double itom for two month► togrtliet. The defendant had pleaded that the plaintiff Was guilty of tinons conduct, and that he hod not used pettier violence than V.was requiisite to mountain the diseipkne of the shit. (pout this. issue wits joined. This case was not gnat into, the plaintiff lilviug agreed to take a verdict of 501. damage/. lIITLI.AMB V. ItICIIY. This Wal an action for eihicaisun, hoard, lodging, ate. furnished liv the plaintiff to the defenil.int, on account or* natnral child which had been intrusted to his care by Mr. Ale. Sergeant 1.1 . 11%, on the part of the p!aintiff, refrained', from motives of delicacy, from stating the names of those parties tsho were concerned in this case ; and called only two witnesses; by whom, however, the case was completely made out. It appeared that the plaintiff was a waretionscinan to Mr.Venning, in Copthall Court, by the wile of whom this child had been bronglit up ; and that the detendaot had been an eminent merchant in the City, but hail lately been intros innate in Isis business. For the last Bor 10 years he 11411 been principally resident abroad ; and doting that time had neglected to pay any thil/g for the erne and education of bis child, who had now arrived at the age of It years. Tile sant demanded by the plaintiff was 2601. being at the rate of 261. fat tett Yeats. The Jury gave a verdict for the plaintiff.—Damages 2201. The Sittings are now finished. COURT OF KING'S BENCH,Av, Dec. 22. GAILY AND OTHERS, EXECUTRIX AND EXECUTORS OF SAHA , V. FLEET, FONDER, AND OTHERS. This was a cause of some interest to coach-proprietors. The plaintiffs' testator carried on business as a coach-maker at liartle%-row, near Basingstoke ; and the present action was brought to recover 5001., the amount of his bill against all the defendants, as being joint proprietors of a coach running Irons Southampton to London. The late Mr. Mountain, of the Saracen's Head, Snow 'bill, was one of these proprietors; the keeper of an inn at Basingstoke, another; the proprietor of the inn at Popham-lane, a third ; and l•'order and hall, two coachmen. the others. The door of the coach, with all their names painted oil it, as proprietors, was produced in Court,. AS well as a in which they had been all concerned. The defence set tip was, that Folder was the only person liable for this coaelimaker's bill, and that he bad become a bank' opt. 11 WAS stated, that in coach concerns, one proprietor pro vided horses ter a certain distance, and made himself tingly responsible fur those horses and their provender ; another for the next distance, um' so on; a third provided the (marls stud all repairs, for which he was paid a mileage by the other pro prietors, usually three•halfpence a mile. Fortier, who lived at Basingstoke, was the person who pro vided Ike coach and its ra• t tairs isi the present concern, and received his mileage for so doing. He alone had in general given the inters to the conchinaker ; end so completely bail lien ide himself solely respoitsilde, that the lulls were mad• out and delivered in his name, bids of exchange drawn upon" him alone, and the affidavit was abide to 111/1.1 lino to bail. It appeared also, that Basis - , the testator. knew lie as rmigement of the present concerts, of Fortlet'A receiving Isis mileage, and had considered him as Isis only employer.. A witness deposed that he had heard Bally, the testator, say, '• lie stilted fisr Fortier ; Fortier WAS has p iystiaster, and he had nothing to do with the company." This evidence ap peared so conclusive, that the plaintiffs consented to be ',unsuited. From Me LONDON GAZETTE, Tuesday, Dec. 22. BANKRUPTCY ENLARGED. ENLARGED. MISCIIIN T. A. Cntrr Ea W. G. aml KELLY A. Portimouth, bankers, from Dec. 26, to Feb. 13. BANK BETTS. EMERY C. Bromley-wood-end, Staffordshire, dealer, Jan. 8,9, Feb. 2, at Itugeley, Staffordshire. Att. Alr. Tooke, Gr.ty', bin. limn . 1. Southampton, grocer, Jan.:., Feb. Y, at Au. Mr. Mole, Adam's Court, t)1(1 owl Street. l'unct:t.t..l. George Street, Lambeth, victual er, Dec. 19, Jan. 19„ Feb. V, at GuiltinalL Ait. Mr. Shuter. Mill-bank Street, West- minstcr. ARSILA f. I. T. Tong. Yorkshire, coni-doder, Dec. 26, Jan. 9, Feb. 2, at GuildbalL Au. Mr. Platts, Castle Street, Holborn. To 3trs.l N A W. Nottingham, Itchier, Dee. 31, Jan. I. Feb. 2, at Nottingham. Att.-Mr. Taylor. Field Court, Gray'.; CAL . .. - 001) IV. Bola. Lancashire. tanner, Ike. 51/, at Waning to::„ Fell. 2; at Liverpool. Mt. Mr. Chester, Staple. Inn. It. Leicester. liquor.merchaat, Jan. 4,5, Feb. 2. at Leicester. Att. Mr. Jon. Chanary Lane. HORN tot Ka S. Button,- I.ancashire. manufacturer, Dec. 30. Jan. 16, Feb.:.at Bolton. Au. Mr. Itledilowcrott, Gray's Inn. .11i. sot los J. Woolwich. conlwainer. Dec. 26, r.), Feb. 2, at Guild hall. Att. Mr. Surer, Greenwich. Gottlmx T. Aldernianburv-postern, mercer, Jan. 2, 19, at Guildhall. Att. Mr. Illandford, Bruton S:rect, Berkeley Square. DIVIDENDS. T. Clark and C. Gray, Keswick, Cumberland, nurserymen, JAIL :134 J. Whitehead, M. Howard, and J. Haddock. Catcaton Scr,t, bankvrs. Jan. 4.7. U. Goadnall and T. Wilkinson, l'Aternoster How, crape niannt.tc-- timers, Jan. E. Jordan, Norwich. engineer, Jana 15. A. Carson and W . , Distill, Liverpool, merchants, Jan. 47. A. Bova and It. Kenvon, Liverpool, merchants, Jon. T. Hedges jun. Old Bliley, coinartioner, .lan. 12. T. Thackr•.q and It. Bourcll, Greenwich, linendrapors, Jan. .1. Moore, Leicester. wor,ted-spinner. Jan. In. C, Critlland, Dublin. and 11. Cridland,Leicestcr, merchants, Jan. I s. J. Edwards, Bristol, ha:to...lan. C ItitTl FICATES-lAx. IL W. renaluna. Ilehu.n, Cornwall. printer—J. H em i ngway . I(1- land, Yorkslire, grorer—li. Aldington, Korn, tartm -11, S.tholcy. Patemo , ter 1110 w. borks.:ller—C. :N. ANliford, i...rnntong..r—.l..lohnNon land .1. Sn.:t!i, I lig:: 11.11:inli. drapt A. 'l 4 l)orer, Collylntrat. Fleet Nlliarket.lintchtr. On Si nday morniin: I(4%inig., R. N. en t ere d rite coat.ll, 41 I'm co's t 0,,, on wad (nits Pruner to London, to iolol pit its mot good health ; via% in cnnrrt salion with o gentlemen inside, anti It.lll.odds.nly from 1,4 ore anti cxpitrl immediatt•ly. Ntonday au fooroAt war lirlJ on the hotly ; wbrn 'll% j9u,gtitittmd a vt rtlict of—Lied by he Visitrimi t.f 1it.41; •