The National Register. — London, England, 1814-12-11 00:00:00

THE NATIONAL REGISTER. P2l • . L - A W- - ,Ult-TELI, IG E NCB: - - CRIM. CON. SHERIFF'S COURT, BEDFORD STREET, DEC. 10. THE TART, OF 110SERERRY V. Slit 11. MILDMAY. •At twelve o'clock, yesterday, the assessment of damages, in this interesting case, the defendant having suffered judgment to go by default, came on before a most respectable Jury.— The Court was excessively crowded. Lord Yarmouth, and many other persons of distinction, were present. Mr. Jones stated the declaration. This was an action of tresspass, charging the defendant with criminal conversation with the plaintiff's wife. The damages were laid at THIRTY THOUSAND POUNDS Defendant had suffered judgment to go by default. A writ of inquiry for the assessment of da ina4es had been issued, which the Jury were then impannel led to decide. The Attorney •General then proceeded to state the case, Nvbirh he described as one of more than ordinary atrocity, from the near relationship which the plaintiff and defendant bare to each other. lie stated the plaintiff to be a Noble man of antient creation, in the northern part of the kingdom, , and of the most amiable character. His conduct to Cie un• ' happy Lady who had been seduced from her duty he depict ed as in the highest degree exemplary. Lord Roseberry mar lied her in the year t 808, when she s only eighteen years of age, and, by her, he was the father of four children. Lady lloseberry conducted herself wiih the utmost propriety, un til, by the arts of the defendant, she was seduced from the paths of rectitude. She was the daughter of an individual well known to the Jury, for, as they were ail philan thropi,ts, they must frequently have met him in the per formance of charitable acts, He spoke of Mr. Bouverie, bro ther to the Earl of Radnor—but more distinguished by the possession of every virtue which could elevate and adorn hu man nature. Olie of this Gentleman's daughters—daugh ters whom he bad educated in the most exemplary man - ver—was the wife of the plaintiff in this case; another of them was married to Sir Harry Mildrnav, the defen dant—and a third was united to the brother of the' de. fondant. Sir H. Mildmay had the misfortune, in 1810, to become a widower, his lady having first presented him with a son. The Attorney General then read a letter written by the Defendant, subsequent to the death of his wife, to the Earl of Roseberry (then Lord Primrose), in which he men tions, in the most affecting language, the high sense he en tertained of the kindness and attention he had received from him and his lady, subsequent to the death of Lady Mildinay. This letter, the Attorney-General inferred, must appear to the Jury as a foundation for large damages, since it clearly proved the friendship which subsisted between the parties. —ln the month of March last, it became absolutely necesary in consequence of the illness of the Plaintiff's father, that be should proceed to his seat in Scotland—and, during his absence on this melancholy duty—visiting the sick, and, as it afterwards appeared, the death-bed of a parent—the Defendant employed himself, it would be found, in engaging the affections of his wife.—On Lord Roseberry's return, he observed a visible difference in the conduct of his wife--- and, as that alteration could alone be attributed to the atten tions paid to her by Sir H. Mildmay, he felt it to be his duty, after writing to him a letter of remonstrance, on the too marked attention he paid to his wife, to forbid him his house. The Attorney-General then went on to state, that in the month of July last the plaintiff went with his family to his seat near Edinburgh—thither the defendant followed DEC. 11. . . them in tie disguise of a sailor. It was customary fOr the Ladies immediately after dinner to leave the Gentlemen, who joined them again about nine o'clock . ; and, in consequence of Lady Roseberry quitting her female friends, amongst whom was the Dowager Lady Roseberry, ♦ery suddenly, for a number of evenings,- a suspicion was excited, that Sir Henry Mildinay was in the neighbourhood ; Mr. Primrose, plaintiff's brother, discovered the parties in a room in plain-• tiff's house. Mr. Primrose compelled the defendant, who was armed with a case of pistols, to leave the house ; and, next morning, Lady Roseberry was sent home ; to her father. On opening her desk, a great number of letters from the defendant were discovered. These letters, which were of the most ardent description, were read by the Attorney-General, who commented on them at great length. The Learned Attorney-General then went on to read a succeeding letter from the Defendant to the fair part ner of his crime, in which he adverted to a visit he had recieved from her father—a visit, the object of which was to entreat him to desist from his pursuits of ',wily Roseberry. Of the scene which took place on this occasion he spoke in pas sionate terms ; hut, notaithstanding, the effect, he admits to have been made upon his ntiml, he passes all by, and, at all hazards, :mphSres " his Harriet" to Hy to his arms, and desert all those tics which ought to have been so truly dear to her. This letter was succeeded by various °filets, all which went to prove the el iminal intercourse that had taken place, and the intemperate and headstrong passion, by which the De fendant was impelled on in his guilty courses, Some of these letters commenced in the most romantic language, such as, "Goddess of my idolatry—My angel," &c. ; and all breathed an affection of the warmest description, and urged the most seductive arguments in favour of an elopement. The Learned Attorney, in conclusion, appealed to the honourable feelings of the Jury, and expressed his conviction that they would, by their verdict, prove their sense of the atrocity which had, been exhibited to them. Mr. AT TORN El - 4 - i EN ER A L then proceeded to call several witnesses in support of the case, thirty of whom bad been - subpsened, all of whom corroborated the guilt of the parties. Mr. BROUGH A NI spoke at considerable length in mitigation of damages ; but the Jury, after a short consultation, returned a verdict—Da m AGES, 15,0004 The trial lasted till Eight o'Clock last night. COURT OF KING'S BENCH, MONDAY, DEC. 5. DYOTT, ESQ. V DUNNE. This was an action ofcriminal co tvcrsati,li, to which there was ne defence. The Plaintiff is a Major-General, stationed at Lichfield ; and the defendant was once an attorney. but since set up as a MIT• geon at Bath, where he visited the Plaintiff's wife proles-ionally. She is a woman of family, and has three children by the Plaintiff, with whom it was proved she had always lived very happily, till lici meeting with the Defendant at Bath. She has a settlement of more than 8001. per annum, and 10,0001. at her own disposal ; and the de fendant, being a man of broken fortune, ran away with her : he had been in the habit of riding out with her in her carriage. and in this manner they left Bath together, and came tip to London, where the defendant was so( n arrested for debt, and is now in prison, the plaintiff's wife being proved to have lived with him ever since in. ' adultery, and to have been let out of the prison by the turnkey at eight o'clock this morning. The Jury, being charged by Lord Eilenborough as to the inde fensible nature of this case, and the magnitude of, the plaintiff's . loss, found their verdict for him.—Damages, 5,0001. The defendant has signified his intention Of moving for a new, trial. THE KIN• V. LORD BOYLE. This Wag an indictment against John Boyle, I,'sq. commonly ealled Lord Boyle, for an assault upon Mr. Riclkardson. the Magistrate at Bovi-street. It appeared. that the defendant was in the navy, and