The National Register. — London, England, 1816-02-04 00:00:00

026 CRLII. CON. HARVEY V. USHER. Tuesday an Inquest to assess damages in this ease took place in the Sheriff's Court, the defendant having let judgnient go by tie. • • fault. Mr. 11. Twins opened the pleadings. Mr. Dauncey stated the case. He said, that this was an action in which G. F. Harvey, late an officer in the 15th Hussars, was: plaintiff, and G. Usher, who was also a military officer, was de fendant. The plaintiff was married in April, 1809, to Lady Ho- D arla H. Woodgate, who was distinguished by great beauty and accomplishments, and who was the daughter of. the Earl of Cavan. Lady Harvey had had one child by her former husband, and one also by Captain Harvey. It was in proof that the adultery was com mitted about the month of Jnne last. The plaintiff and his wife ha+ I been at Hastings for the benefit of sea air, and they returned to town in May. On the :30th of May, Capt. Harvey set off for Cheltenham, having arranged that Lady Harvey should follow him on the Alt of June, but she did not reach it until the Bth. What occasioned the delay would appear in the sequel. The defendant took lodgings in Kirby-street, Hatton-garden, on the Ist of June, and on the 3d he introduced Lady Harvey as his wife, with whom he pt there thlt night. She, however, reached ieltenhain on the Sth of June, and remained there until the 22d, when Captain H arve y met her walking with the defendant, whom he (Capt. H.) had thou seen thr the first time in his life. Some altercation en sued, and Lady Harvey that evening eloped with the defendant, with whom she proceeded to London, and both again returned to Kiri.y-stvect, which they reached on the lith of June. On that tvening, after having been some time in bed at Kirby-street, her. Ladyship visited Mrs. Forsyth, at Kensington, and there re mained until the ?7th ; and what became of her Ladyship for some time aftcr.sards, no trace whatever could be discovered, nor was it material to know. Mr. De Crespigny deposed, that he was present at the marriage, to which Lord Cavan was adverse. Lady Harvey was at the time about '22 years of age. Captain Harvey was afterwards Aide-de- Camp to Lord Cavan, until he got some other military appoint ment. Could not say from his own knowledge, whether Captain and Lady Harvey lived on good terms—could not speak from hear- say. 3. S. Charlton being asked by Mr. Abbott, whether he was not of the medical profession? answered in the negative. Why, are you not Surgeon ?—A. Yes. Counsel—Then I think you are of the medical profession. Witness—Then I think not fa laugh.) Wit ness re::oliects knowing Captain and Lady Harvey in 381t2; and since dined with thuni frequently, and never saw an instance of disregard or ite.ittention on either side : Captain Harvey was Very attentive to his children, as well to Miss Woodgate as to his own child. Mrs. Forsyth.deposed, that she knew Lady Harvey from her in fancy ; that her Ladyship was the sweetest woman she had ever met wiih ; Captain H. and Lady H. were always wilcome when they thought proper to visit at. her house, as was every member of the family of Lord Cavan and Judge Gould. She saw'Lady H. liefore she set out for Cheltenham ; Capt. 11. went there first, and in . a week afterwards Lady Harvey followed , sa y in g that she would call at her sister's (Lady Duncombe) by the way. In about three weeks afterwards Lady Harvey returned from Cheltenham : she returned on Friday, and remained until Tuesday, being occa sionally absent from her house. Captain Harvey called at her house, accompanied by his child, on the Sunday, inquired for Lady Harvey, and upon the ‘vitness's telling him that her Ladyship was there, although then out walking, he declined to leave his child. Captain H. then told witness that Lady H. had gone from him at . oeltnleam, and of this fact she was before ignorant. On cross oramination, the witness stated that Lady Harvey came to her liouse alone from Hastings, in a public stage coach, and frequently pme alone to her without Captain Harvey. Never saw any dis sension between Captain and Lady Harvey; never heard her La dyship complain of any unkindness from Captain Harvey. Elizabeth Sears proved the cohabitation of the defendant and Lady Harvey, at her house in Kirby.street, Hatton - garde n, and that she identifkil Lady H. at Mr. Forsyth's house in Kensington. An attempt was here made to put in evidence the deed execu ted between Captain and Lady Harvey for assigning to the sole and separate use of the Lady the sum of 8501. per annum ; but this deed it appeared was executed in May, 1810, the marriage having t a king place in April, 1809, and the property assigned was trans ferred by Lady Cavan upon the condition of its appropriation to the sole use and controul of Lady Harvey. like inadmissibility of the deed in evidence was : lio‘revcr, decided. THE NATIONAL REGISTER. FEB. 4. Henry Gibbons, clerk to Mk:ssrs. Snow and Co. bankers, proved that Lady Harvey received 8591. pt r annum from that bank upon her own drafts. and without any control. Witness stated that Messrs. Snow were not Capt. thirvey's bankers. Mr. Serjeant Best, for the defendant,- -tailed,AppJAinc„ SaU Steen, Mstry Stone, and Mary flnward; all of whom• had been in the service of Capt. and Lady Harvey, and deposed to several instances of gross treatment on the part of the plaintiff towakds his wiie; that Lady H. had frequently quitted the: bed pl . Caw.. H. and "1" - &0 . e, with each of them, complaining that she could' Anti. remaiu *v.:A Capt. H. in consequence of his . 14ntal conduct timardslier that these visits to the servants took place at twelve, at two, "aid even four o'clock in.the course of the night; that sometimes Capt. IL induced or dragged Lady H. back to his bed, while at other tunes she slept with'each: of the servants all night; that Sarah Steen saw Capt. Harvey,se,iie Lady Harvey's arm so violently in the streets of Bath, at night,. that her Ladyship screamed out ; the mob, at tracted by tho screams, followed them to their lodgings Also that Capt. Harvey once tore off a lace handkerchief from Lady H 's head at Southanyton ; that Capt H. often told his wife in a taunting manner, that she dressed herself on waltilig out, with a view to catch the attention of the men, • morale' admirers ; that he was frequently absent from Lady I - . three mouths together, and on one of these oiicasions endeavoured to induce Mary one to hold a correspondence with him, which she deemed den gatory to the duty she owed to her mistress, aild therefore declined it; that Captain H. once expressed a suspicion of Lady H.'s improper connection with a Mr. Hogg, and proposed separation, the articles of which some solicitors w;.•re directed to prepare. Henry Coppin, whose sister is nurse to Lard Kilcoursie, deposed that he frequently (filled with Captain and Lady Harvey ;. that they were very unhappy, perpetually quarrelling ; that -- he heard Captain H. say to his Lady, when she asked him to walk o it with her, that he would not walk with her in a dress in which she re• sembled a trollop or a woman of the town. Mr. Barnard, surgeon, of Southampton , deposed, that a separa-, tion would have taken place between Captain and Lady H. in 1811. the solicitors being instructed to prepare th articles, if die had not prevented it h. procuring a reconciliation. In every other instance, Captain alid Lady 11. as far as he saw, !Ned in harmony ;: he was not aware he was allowed to spe its f.ocu trs.ty. Mr. llnal, of C,e and Greenwood's deposed, the defend:nit was a Lientenktut in the God Regini t eit, and that lie be-, lieved he had no •Ahei• resource.. Saw defenttint lately in ifie King's Bench /insert, where Ike understood him to have been con filled for some inooths bads, in colisciprince of' this action. • • Mr. Danneev, in reply, endeavoured to shew, that all thedisseh sion proved to have taken place between the plaintiff and his lady, were mere biekerings or miffs, which were often found to occur in the married state, without affording any provocative or palliation of adultery. Mr. Burehall recapitulated the evidence, suggesting to the re collection of the Jury, that the defendant was out of the country when the plaintiff' anti his wife were proved to have lived unhap pily together; and this proof came from the servants,. who, in all such cases, where no undue influence appeared—where their mo rality was not impeached, must be regarded as the best evidence. The Jury rctnrncd a verdict of 10901. damages. The action was laid at 20,0001. A singular case of Crim. Con. which the last week has pro duced, will occupy the sages in Westminster Hall, in the ensu ing Sittings after Temt. The plaintiff is a draper not a hundred miles from Hyde lark-corner ; and the defendant is a wealthy banker on the wrong side of forty. The lady is 26, and has been married some years. The banker took lodgings at the house, under the disguise of a clerk in one of the Government Offices ; and the parties were, on Friday evening, detected in the illicit intercourse by the husband's brother. We understand that Mr. Prince Smith, who was of Counsel for the defendant, in the action Harvey v. Usher, will, on Mon day, move in the Court of King's Bench, for a rule to show cause why a new trial shall not be had in that case ; on the ground of excessive damages, in the late verdict at tha Sherilf 's Court. According to the last official Return, the price - of the Quar ter of Wheat is 545. 6d.; from which the price of the Quartern Loaf should not exceed 81d. at most. Mr. Gattcy, Town Clerk of Exeter, has had a noble legacy pf about go,oool. 16 him by his friend, Judge Death.