The National Register. — London, England, 1818-12-13 00:00:00

LA IV INTELLIGENCE. COURT OF COAIMOai PLEAS, Tursnat. Dee. 8. Pr fore the chief Jratice aid a 3'p:cid jury. • Clint CO'. malt tame' v. PETSRS. Mr. Chitty opened the case. Mr. Sergeant Va , lghrin.—The jury would perceive from the ermine of his Learned Filen& that he had a painful duty imposed neon Win. He appeared before them on the part of st!rnest unfortunate man, a man lobbed of the society and solace of a wife tenderly beloved arid tenderly attached. — Caves of this description were, as they well knew, infinitely diversified. There were snore ingredients of aggravation in the present than in any case he remembered. That relieved him from the necessity of pressing the ease upon their at tention. They, as husbands, and as fathers, would feel the crlsel de.atrnctlon of domestic happiness which the evidence would disclose—a destruction effected by hypocrisy, and under the mask and cloak of friendship. The plaintiff was a Captain in the 3d regiment of Guards, and ranked as Lien tenant Colonel in the army. Since IMO 9 he had been abroad in the service of his country. He way descended of an ancient trod honourable family. In 180) he married Miss Hurtou. who was daughter of (3 neralllurtnu, to whom he had been Aideole.eamp. He had been for years previonsly 3e-• quainted with the young lady; his addresses were • recanted by both their families with equal satisfaction. They married in the • spring of the year, she being 23 years of age, he 23. —Seen afterwards he went to Welchem,. Next year he 'went to Spain. lie was severely wounded at Fuentes-d'Huno. 'res, and he in consequence tame home to the tender at tentions tif his wife. He was again wounded at Burgos, and •-was again tenderly received by his wife, to whom be was •oblieedTto return. He wentogein to Spain in 1815, as our. army was advancing towards France ; an soon as peace rem. • dered it-safe for his wife to go abroad the went to him. They 'both went to the South of France, and remained . in Tours fin, • mune time: there they first became acquainted with the de ' fondant. who was the eldest son of Mr. Peters. the •benker. The defendant—a circumstance which aggravated his crime.... 'bad himself been married, and had lost his wife in 1816. He went abroid to dissipate the dejection and melancholy na ' totally oreavioned by inch a loss. In February, 1816, he was iintrodneed 'tithe plaintiff and his wife there he was received 'as might be expected from a man of Colonel Clitherow's, 'generous feelings, and every 'attention was paid to him. On :this commencement of acquaintance, the Learned Sergeant 'weald fasten, and maintain that it left the +defendant's con • duct afterwards withoat eeeine and without palistion. The ;plaintiff had one son, an only child, then 7 .years old. The :parties met fruently in France, at Marseilles , at Toulon, Amid other pla ces; their views of travelling were the same, withooelt they did not • travel together. On the 25th of Judy 'they met at Geneva, and thence they travelled in company. - Every proper care and precaution was, during this time, 'observed on the ?art of the plaintiff. If, as might sometimes happen, Colonel Clitherow travelled on the outside of the • cench, nothing criminal was to he apprehended, when a boy isaf , 7 years of age was with his mother within the Coach.— When they arrived at Diver, Mr. Peters was invited and went to Colonel Clitherow's mother's house. 'ln May, 1617,„ 'Colonel Clitherow retnrned to dutyat Bexhill h • •ks.. Mr. Peters, after this time, never visited ander his own wane. So llate, however, as' the 13tb of December, he partook of the plaintiff's -.hospitality, Mid must have gene to Worthing to dine with him, for the very purpose of - planning the elope-. anent. But on the sth,Gth , and 7th of July previously, it sprimildbe proved; that a criminal connexion had taken place. • On the bth, the very day when Col. Clitherow was called on duty from Bexhill ta London ; on the evening of that day Mr. Peters called,and asked if Colonel Clitherow • was at home ;- then%les: Clitherow; and desired the servant to tell her that therewaswgeutleman with a letter from Mr. Peters, and saishid to deliver it in y erson. He came to. lieshill,• no t am expetted. He left to the jury to judge what smut teas been.awatsence of warmth and love. They (the • jury) most take these•clrenmstontees into their consideration: The defendant .and Mrs. Clitherow were now living together in France. That this man should, while hypocritically pre tending the warmest •friendship for Colonel Clitherow, trea • elterously undermine trod destroy all his domestic happiness, was an offence ef the utmost aggravation. Was there deeper responsibility evaleeper crime than the defendant's ? His itlentitywas futir established by a large mole on iris cheek,* as large as a sixpence. The elopement took place in De cember last year. Why was not this action brouglasooDeri The cause was the-abseace of the defendant, and .the want of proxy to appear ter him. It was accessary, in fact, to adopt proceedings for oatlawing him. This was the only cause of delay. He woutd•now leave the case to them, and leave theta to judge from time evidence, whether there was not every aggravation. °Menet Clitherow •was attacked in the only part in which ise•wer vulnerable, While he was absent in the • service of his country. He wasqbas attacked by one who bad been introdncid idiom as in melancholy titbits from the loss of a wife, and who accordingly received the kindest treatment from Colonel Clitherow. This person is found sap ping the affections •and. virtue of the plaintiff's wife when • twerp person is asleep, Whets the seeds of this criminal ht' • tachment were sow Mild not.appear t It was probably on the •Coutinent. The defeddint must from hie own experience limy* known the value of the affections of an amiable wife, ; enclaves therefore aware of the enormity of his crime. The plaintiff, too, must have felt and appreciated the settee-et* an • affectionate wife, (romans tender consideration of the situation -of the defendant at his;first introduction. He would not say one word of the amount of damages. Damages could be no compensation, no. reparation of the injury. But every man, mad especially every military man, absent in the service of his country, was entitled to protection from the wanton and ••unfeeling attacks of an adhlterer. As moral meu, as husbands, •as lathers, the ease mist come Inmate their bosoms and feel ' hogs. 'He %timid throw clown his -glove, and challenge his :Learned • Meth! to prove one single act• implying the least wrong on the part of t h e plaintiff dining die 10 years he was married. 'As' far as damages could satisfy. the case, they would give damages. William Allessavaa then celled ty Mr. Sergeant Pell, who proved the marriage of Culouel Litilierow and Sarah Bin. ton, att -St. George's Hanover:square, on the 14th of Feb ruary, HAG. Miss Sophia Clitherow; Otter to the laintiff, remembered p eh- marriage, and was present at it; •lier brother and alrs. Clitherow w e nt immediately afterwards to Tonle idge.as ells , she sad seen Mrs. Clitherow : twice brier:, her marriage ; her brrtner had been for limey-years aerpoitiated with her ; she was daogliter of General Burson. • Chief that the Genteel Burton that was Meta. ; bee of- Pashaatent for Beverley, iu •Yoskabilet 'THE NATIONAL REGIsTErt Mr. Sergeant Vaughan.—lt is, my Lord. • The witness proceeded. Her brother went semi afterwards to IValclteren, end then to Spain, where he was twice worm& ed. From 1809 to 1816 she had often seen her brother end his wife at her mother's house, both in town and country ; they appeared to her to be perfectly happy. One time when he went abroad, she was left at witness's mother's in Hertfordshire; they had had but one child, a boy, now nine years old ; she had seen 'the defendant I times din ing at her mother's house ; witness became first acquainted With him in the latter end of 1810; it wan when Colonel Cli• therm, and his wife bad returned from the•continent ; he dined with her brother at their house in Wimpole street ; her brother lived with them thee sonic mouths ; her mother was not at all previously acquainted with him his iutrodoction their house was entirely thrones the plaintiff; she saw the defendant last when he dined at their house at Worthing, iu December last veer ; in May preceding her brother had left town. Mrs. (Nide r0w...1111e to them at Worthing, from Bex hill, on the 19th of November; she returned some time after. wards to Bexhill. The last time she saw the defendant was . about ten days before the tailor Deeember, the des' of elope• mo; the piaintie wan at Worthing then. Nothing could appear kinder than her brother's conduct towards Mrs. Cli therow; there was nothing to make witness suppose there was any alteration of affection on either side. John Fanc, Ewe, M.P. for Oxfoi dshire, wee se:painted with the plaintiff* great many years, and ever since his marriage. He and his wife haul lived with ;din tor three months in 1811, iu Oxfordshire. He. thought them one of time happiest eon. pies he 11441 ever seen. They were with him in 1812. after the plaintiff's return from nbeorid. He had no reason to change his opinion of Colonel Clitherow ; he added, that Mrs. Cli therow behaved with the greatest correettiew while with them. He knew the plaintiff, as soen as he had gene into the army. He could not recollect when that was, bet it must have been before the plaintiff went into-Egypt. George Robert Ayres was on the Continent in the early part of 1816. He had been previously acquainted with the defendant, who came then to see him at Tones. He had be come acquainted with the plaintiff and his wife in the hitter end 6(1815. 'They were at 'lows then. Witness had pro bably introduced Colonel Clitherow to the defendant, at witness's house, but be dill not recollect well. He caine off for England three days after the defendant had arrived at Tenn. Mrs.-Peters died in London in January 1816. They had been two years married ; they had no family. The de. fendant had intended to came abroad with his wife to see witnessend his-family. When else died Mr. Peters came, and was much disappointed at the sudden departure of wit ness, who recommended hiin to the particular attention of his wife and her brother. When witness returnedfrom England the patties were gone off to the south. Sarah Webb, a girl of 14, daughterof Sergeant Webb, in the id regiment of Guards, lived re ColonetClitherow's fa mily, injuly last, at Bexhill. Colonel Clitherow was fixed there in barracks. She attended tin Mrs. Clitherow. •Colonel Clitherow left Bexhill to collie to London on the slb of July, to attend his duty as a military officer. .011 the 4th, her mis. treseitad ordered her to get shrimps and lobsters for the sth, bat to bring her no message on that day till ben master was gone. • On the Sth she told her to go to different places, and to get all the flowers she conk' to make the bed room very ueatend clean, and to pat -clean linen on the bed. She or. •dered her not to sit in the bed-roost to do her work, as usual, eatto go down stairs. She desired her not to go into the bed. room after she had made it np. Witness had, however, for gotten her thimble in the room, and went in for it. She found the things differently laid from the way she left them. The night clothes had all been put up in silk bag. :elm was not in the house, and saw no one teonse at right. On the morning of the 6th, a gentleman came, whom she had never seen before. He bad a piece of bleak stieking plaster on his face. It was between nine and ten in the morning. She saw him on that day, shoat half past four, sitting in the parlour. That was Sonde,. She didrot know how late he remained. She saw him again on Monday. The same person came afterwards hi - November. She knew him by the black spot. Her mass ter was•then on -duty at Windsor. She met the gentleman coining in at the parlour door. It was about half past four. She eould not tell thedaysf the month. She thought the mark was's') histetiside. Jane Lack; the cookmaid, was with Colonel Clitberow be" fore July fut. Her mistress told her on the 4th of July that she must be particular in having • every thing neceseary far dinner on the sth, and not trouble her-after the company should .come. A time piece that was in the parlour was removed that she might see it easily. -It was known in she family that Colonel Clitherow was to be from home on the 3th. .After he wan gout' her mistress repeated her former directions. -She had not seen him afterwards that day. The (fewer was rot served-up. Witness went to bed about 12 ; her mistress wee then up, and she , theapd the voice of a gentle ' man, them in coeversation with her. She had beard the voices and a conversation about half-past 11,: from the parlour.— She bail no Ihnsinesa in the bed room,end lead rot been there. The patient hail a communication with the bed• room, without coming to the stairs. Site was up at ball-past seven next , mewing. She saw no gentleman in the.house. She knew one came 'next morning, but sins did not see him. James Milker was in the service of the plaintiff,.inJuly last, as his footmen. A gentleman came at eight, on the Sth, between ohm and tea. Witness opened the door for him, and observed his person. He asked if Colonel Clitherow• was at borne, and was told he was not. He then asked for Mrs. Clitherow, and desired witness to tell her that a gentleman called -with-a letter for her, front Mr. Peters, and wished to deliver it himself. Mrs. Clitherow desired witness to show him in, As witness was shutting the parlour -door lie-heard her say, " /it down, my dear, I hope-you have had a pleasant joivreey ;I hope • you have not catched cold." He went out of the roont,.aud beard no more. He went to bed at lt in another part of the house front the general door. He left him in the parloar then. He heard them conversing. On inquiry from the Court, it was here admitted by both parties, that the defendant -had -been at the time in _question 25 years of age; Mrs. Clitherow, SS. The-witness went on. -The -gentleman could have got out without his knowledge. He came next morning at breakfast • about ten; and stopped tilioneor two. He went then to dress for dinner, and remained afterwards till two next mor ll i:: g. He knew the- last circumstance, because a servant from the Bell Inn bud come for him at mine, as they-were all going to bed. Mrs. Clitherow was qnitc Hurried ; and saki, he was gone, or would go seirectly. 'bee -servant (ensued to the Bell. Witness wentioaled at twelve, and heaves there then. Next night he met them walking lase on the parade,•aati they i turned hastily another way; they were arm inerm. Cross-examined by-Mr. Sergeant Copley. —He said, that his master returned toe the 'Thursday .afterwards. Healid no t urination Uwe Minge.ea lie -master (ill Mrs. Clithesow went DEC 13 away with the gentleman. He mentioned them either at the end at January, or beginning of February. He had strong suspicions that all was not so right as is should be. He bad been in the service for nine or ten months ; he was in the plaintiffs regiment. To the Coml.—The public house was two or three issm. dyed yards off. • Chief Justice.—l shall expect some witness from the public house. Mr. Sergeant Vanglian.—We are inquiring u to delta my Lot d. William Pritchard seicceetled the former witness in October. He rentembereil the plaintiff going In Windsor about the 14111 or 15th of November. A gentleman cameo his m'an's and dined there on that day ; lie had a silk plaster on the left •iile of his cheek. •Witness went to bed at half past eleven. H e thought the gentleman way then in the home. His misters left Beshill finally about the 21st of December, abut 'even in the morning. The child was then at school in London.— She left in a post chaise, and told witness to get every thing reatly,she would he back in a few days. About August wit ness went to France in pursuit of ;bent, and fi d them at Forges, in a orivide house. He wait sure it 141/1 duo same per son that had been befoie with his mistress. He knewhint We his complexion and Hie mark upon his cheek. They wore both together. She went by the name of Airs. Peters. (Tots was was rather loosely assertel.) Mr. Thoninstan went whit witness, and presented ;tape's which Air. Peters aimed. It was in a lodging they were. He saw them is a parlour. Mr. Peters•itaid they had been there only a few weeks. Mr. Thompson, a clock in;Doctors' Commons, 1111.1 clerk -in the Arches' Coast, saw the defendant nu the 2.1111 of June,:at Forges. He called at their , inn, and said, he understood that there were gentlemen there who wanted him on urgent bolsi' nests. Witness made Ilion aoqiisietted with theirohjoot.ottil he appointed next ei.ty for seeing them Witness dila Prit chard went next day to Omit house Mr.• Peters weal up stairs to prepare the lady fur the visit; he did not introdiee her by ally Mime. Witness asked, if she was Mrs. Clihlterow. She answered, •' Yes." Crosa-examined.—There was no diainclination to give him every information, or to show Mrs. Clitherow. He asked the route they had taken, and found Mr. .Peters quite commu nicative. •It was Mrs. Chtherow who signed her natne.na his desire, to an authority .tor one to act usher proxy. He had toll her that some person must appear for 'tier in tlee Ecclesi astical Court. Thera is no judgment yet. . . Mosaic 4. and AV. Jackson proved the pruceediap for outlawry. They had proceeded to mall him five time*. This closed the plaintiffs-cue. Mr. Sergeant Leos.—lf it depended on his own feelings, lie should not address one word to them on this.ense t but his duty required that he sltould offer eft:w remarks. When they had now the evidence before them, -and when they con sulted their own observation of• the strength of human pas aion, and the frailty of human virtue, they would stance be of opinion that this case could not be exempted from com mon caws. All that had been said of her vulnerable and unguarded state, when the plaintiff was on the Continent, had been pressed into the service; for it was not till tal6, and on the Continent, that the defendant became acquainted with them. Taw case html nothing to do with military service. The plaintiff came to London on military limiest's. for one day, nat as oilier gentlemen came out business. How this attachment grew from acelelental acquOndance Au it criminal intimacy was left a black. No such attention as hie Learned Brother had alluded to had been proved; and without casting any imputation npoa the plaintiff; he must say, that they had no evidence whether dna altaeliuwat ,was • encouraged by the negligence and inadvertence,. or ,whother not by the connivance of the plaintiff. The defendant's loss of his own wife had been mentioned, althosigh it intstloil no part of the case. He addressed himself to their feelings and understandings, and asked , them whether Ike -blondish. meets of female charms would not in moll a state tkr mind produce deeper Impressions. That-at lout dosurrel their consideration, if they Gave weight in either way 10 ino cumstance. He nut remarked, with great ability, 44 the nature of the evidence and the disparity of their ages. The defendant had fallen a victim toartifices ; be bad sinned as others bad done before, " Against his better knowledge i•. not convinced, " But fondly overcome with female charms." It was a great injury; but as to how it originated, or bow it was perpetrated, they were left in the dark. Whether this were viewed as a case of public justice or of private justice, they would feel it to be not a case of aggra va tion, tint of coin mieseration, end regret that a young man should have fallen into such a snare. The Chief Justice recapitulated all the evidence; be censured the ;neglect of proof of the adultery in the•pleiltliff evidence: attaohments might be proved, improper familiari ties might take place, and yet all stop abort, far short, of a eriminal intercourse. The Counsel for the defendant, Mr. Sergeant Lens, with that wisdom which nev er r a il e d hi m i n any case, had but pressed this point, because the elopement supplied this defect in the plaintiff's case. There ought at least to have been proof that they lived together as man and wife in France. This was, however, a case of an tinfavoisr able complexion. •If the dofeadant has sinned as. others tanned Wore, he must suffer-as others Cave • soffered before. He was kindly treated by the plaintiff in theliour of unction, and he dared to avail himself of his absence on dpty to deprive him of the wife of his youth end the inother or his child. The difference of age was the only alleviation. That the wife was taken away in the absence of her husband was a great aggravation. He could nut bear this case °sly # slight one. No proofol fortune had been offered ; they weie there. fore left entirely to their discretion as to damages. They knew the rank of the parties. The Jury in a few initiates found a verdict for the plaintiff —Damages 3,000/. The Court was very crowded, and the case•secard.to ex site great interest. COURT OF KING'S TENCH, Tnunsort.'Dee. 10. CHAMBERS Y. MILES--(ACTION BY ADMINISTBA.TRSX ON St- 'BRAG BILLS OF IHXCHANCI.) Jeremy, drew the bills on Miles and Co. -who carried on trade as Iluendrapers in Holborn. The circeinaiawees of the case were very complicated, and we can only 'give en of its leading lc:awes, and••the principal facts given in evi dence. The hills having been accepted by Milesosithont the lt now- ledge of ads partners, Messrs. Smith •and Waithatan, their Counsel, Mr. Scarlett, said he should avail banged( of any di-fence he could make; and then proceeded to stale that the loins were accepted in the course uf .au traasactiou be• tweets Jeremy and Allies. r,94