The National Register. — London, England, 1818-12-28 00:00:00

DEC. 28 LAW INTELLIGENCE. COURT OF COMMON PLEAS, Dec.2l. CiIN.-VAUGHAN v. SMITH. The damages its this ee.e wet P laid al 10,00al. Mr. Seajeant Copley ~1414.,1 the circumstances of the ease to the Jury. The plaintiff, Mr. Vaughass, he said, brooch: this action for the pnroose of seCOVIVIIing reparation iu dama ges. fur the seduction of his wife by the defendant. Cuse• •1 this nature had been of such fregisent (seem teller, and had so often been the %object of vonsideratinit in Courts of 31111111 e, that he II gist al unnecessary to make ails general ohsel. stations on their elterac er, convinced as he was 11141 Ike feelings and understandings of the Jiiry would suggest every thing which lie could forge iu introdocing such a ease to thee. notice. Ile thought lie shoul.l hest discharge his duly to but. client, by mann • himself to is plain 41111 41111111 e statement of the case, las lug before them the sittiel..ll of the 'parties, and the cireisaistaisees under which the offence imputed to de Pendant was committed. He was finite .nee that the facts which lie should lay Ire. ire 1111111 in esidenee wimbl he con clusive. •fise LP/1111ed Feu jrnnl then pros-redid to shoe 11141 the plaintiff, ,hi. Vaughan, was a gentleman vtly well keen it in the musical world, and of cousiileratile talents. Sa fat back as the year 1139 i, lie was introduced, fir the first time. to a young 1441) of the name of TPIIII4III. She was then 17 years of age, of great iteisonal beauty and accomplishments; added to which, she was possessed, in all eminent (teeter, of the same 'term iption of talent fur *lnch Mr. V d Itgliall has been an eminently distineeit heal. At the latter end of 1535, a marriage took place. Frain that period down to the lime when their happiness was broken in upon by the defendant, they lived together in the greatest possible degi cc of liarnway and affection. Mrs. Vaughan assisted her husband'in the discharge of Isis professional engagements ; and Huts they mutually (mutt i hived to the sopport uflheircommon othprmg They had had several children, of whom six wet e non alive ; the eldest not ten years of age. The defendant wet the son of a 1)1.. Smith, residing at Richmond, and held mine office under the Govktiment of the country. 'the two families, that of Mr. Vaughan and Dr. simith, were upon the most intimate terms. Mrs. Vaughan had two children at ICIIOOI ill Richmond, and when she went down to see theta, she fre quently stopped a day or two at 1)r. Smith's. In like 111411. Per, when the Miss Smiths came to town, they remained at the husise of Mr. Vaughan, and, together with every branch of their family, were received wi:ls the greatest hospitality 111111 kindness. In this situation things remained, until At last the defendant succeeded iis seducing the wife of his friend; and, finally. induced her to elope ficun Mtn. It we. hetet twee.' awry to state, that when )Irs. Vaughan was delivered of lieu last child, of which her husband was parent, at least, about two years ago, she suffered so ls in consequeace 01 411 listens:ll complaint, that her medical advisers deemed necessary to recommend that iii furore her husband And her should sleep in separate beds. Mr. Vaughan loved los wife with the utmost affection and regard; but finning it expe dient, for her sake, that this course 1/110111d be adopted, er disregarded his IMII gtatilication, and yielded to the soggcs tints. From that lime 111111 i the elopement they slept in seprrate rooms adjoining each other. At what lime the iletentlant succeeded in electing his dishonoureble purpose, it had not been clearly ascertained ; but dial a cif al intercourse had takers place upwards of a year back, was manifest, from the birth of the child, of which, no doubt, the defendant was Hither. .This fact was curioborated by several letters from the defendant to Mrs. Vaughan, front the tone and mantles of which, the intimacy which had subsisted between them was ton evident. 'These letters w •re not addressed to Mrs. V. but from their import, 111111 the way in which they were found, they were clearly conveyed to her. [Here Mr.Serjeant Cop ley read neves ul passages floes the letters to which lie allotted, which were sign d by the defendant, and in which lie ad dressed Mrs. Veugleau as his " Dearest, Dearest Bess, his very lite! his own valued —cherished— most beloved rile.") In these letters he makes allusion to the situation its whit:a Mrs. Vaughan was, froth 1110 intercourse which had passed between them—apeaks of the pledge of their mutual uegar.l which lay beneath her buyo u t, and entieats her to quit lieu husband's house hefone he I.llSl'l/t rs her pregnancy. Nits. Vangliats finally d serted her husband and her child, en,and after a short residence of a month in London, proceeded In Lyme, 111 Dorsetshire, where bile was delivered of 4 boy, the fruit of her unhappy Milt: 01e with the defendant. Having thins stated the outlines of the ease Vllll4 It he had to but owe, the Learned Consist-I adverted to the atnotint of 11/1111/11.,9 10 which the plaintiff was entitled. Ile commeated oil tee 10.• of domestic happiness which the defendant had 1111,1•1111( 1 .1, and upon the eget rivaled enmities Or Ille defendant iu betray.. ing that confidence which Mr. Vanglianll.lll, consideeing iiiin a friend, resinsett in him. In coneinsion, lie called upon the Jury to mink their sense of the rase by the most exein t Aary damages. Several letters were put in, and extrects from them were read. After nliirls the following winessei were called : Mr. Charles Hell, examined hy Mr. Sesjearit Copley.-1 am a Surgeon. I ilnell111•11 Mit. V411;111111 a little below her emitinemeut in 1510. INM the plainiat st it to collation wills her mail her health wig. This sv.te at I 12 Months before her last emitine.iient at Irnur, whirl) is two years ago. 1 made the communication to Will its coinwipiene..• of her state of loalth. I it., not recollect what pasta between Dr. :Me-atoll met Mt OD thi. /.114_11 Alan es• dll M,. 1k111114.11.-1 lived serviiii; with Mu'. V. II ; I o d . ,o Ihr Chelan 11. I M 1•44. not at house %twill the clii:tl aa. horn is 1846. Mr. and Ms. N ' anglian lived vi tan - Iy. 1 think 1 'tete, - 511 W a more happy eoupli its my leda e h au g elll Airs. A'. lot Ihr last IY,nonli4l. I she appeari emit to Mr. V. 'Utley slept to eel -mite heal. , Its. V. said she did rot to hale soy mote as OW dill 110 ttWF I to go into writhe in that MI. Snulh tame to the hu,ue ttetpiently. lu, vii any inrioloper conduct betoreis Hun Mrs. Vaughan went aouy on the 12111 of ,lour, lilt tiny otter het netielit voneert. She said mie g g to see tier chili's . . it lit Ditiwii h. She alo tried to conceal her inegovney. She bid heise.l notch a• pos•itile, test Mr. V. a 4 1 ,4 , 411 aNiciost the taldr, alsrievet Mt. Vait;,;ll , ll came in, 011 was illfl4'lll. 1 lain MI. did lint ktion of her pi egnaney berme went Nod). CrOSs•eXdllllllt.tl lay Mi. S. and Vaughan. —I 114.11.1-: kola* it it. hoe wits :Omni sis. months 1411.1 e went .5 %Illy. I doled out communicate it to Alt A ' . shone. I knew it lite.. is th.. Nan not it, toots a. the lyina in mini° Ale. Smith was no. Ili the Intuit coliolisg hustle %Ws hi t eve') . naL:lat. (It law. %apnoea I,llt rims• 1114111 C lilt lit a hul but safari:, aulraa "101 l Mr. VdleU. , : , (l Mg% faith llirsaa I liCtEt Raw di.% thiup,unptOpt•, 10:11,. Sal lit t.I'M Ntv 111101 1.11141 Ms..lmlth hucw V 411,01411 VI 114 iu the family way, but I sever ans. THE NATIONAL REGIS' f. peeled Mr. imith. I never niged lli.Smith to take Mrs. V•rnghan awns. I never tit:il him her si 'nation had become so apparent !it tt all the world might perceive it. 1110 rase bi ing closed. Ma • , 4.•rjeaart Vaughan :ulahes•ed the Jury for the defend ant: Ile coallllanced lay observing, that lie was on that or t 'sum n tales fa , meg; of a 1110%1 distressing nature. The cm. !oriole them was one which, as hates er might be its cirrom •lance-, •tavtressed the feelings of the Comisel eneaoeol in it. :lie Judge ec ho ilre s ,h.d, ito .l li ar 3iiey %%Ito were to decide op to it. Ile was aware that he laboured limier a disadvoi t age, as ma suet' occasions the feelings of Jories were tip in Mina against any thing that aa• tarried for the defellliAllt. lie dial not mean to insinuate that their feeling, would Ived theta to any improper decision on the subject ; net the contrary, he was convineed that their verdict, whatever it might he,wroild be the result of coal, deliberate. and imioul tie' consideration. He felt it his duty, howevet unequal to the task, Iu leino‘e a. •h as possible the int. pressom made by the elo pient but ex:lL:A(4'4lyd statement with which his Lcara It ii•oibel* (Mr. Sri ...rani Copley) hall (prate I this easy. He used the tel exaggerated with rt.- Nut statement, as the July 151011 have pereei veil that it had not het a supported by evidence brought forward. lie should be sully In lea fall a singli. word which might be einisitli red as 'aluminising any invasion on the happiness of is married life, but he could not help •laserving that its the pre •cnt installer there had 1101 been such a case c-IftlitliAlell 45 WOOS/ warrant the Jury in giving heavy llama:fol.—They were not called rn that 110 X la/ scourge Ilse da fraidant for the heitimisneaa 11l his conduct, bat they were called upon all honest Mini to Oise such fair and rational damages, and only sorbs as firms all the sire ranees of the case the pl was emitted to. There was in this case great want of thus woofs which only are the grounds for heavy damages. Here all the Jury had from which to definer defendatit'a delinquen. cy was a few letters without dates, without address, and met ely heating the defendant's signature. No account was even riven of the preeise period when they Caine into the plaintiff's possession, and. for aught the Gant knew, he might have berm in possession of them long bt•firre his wife eloped ; sisal he might appear ignorant of this connection, its order to reap, for as long a perio I as possible. the benefit of his profes.itnial exertions; for it appeared, that the plain.. tiff did not avow auy knowledge of his wife's guilt mild aft e r the Converts for the season were over. Tie Leal ne:l Ser jean! entered at some length into the nature of he evidence, mid in C. nionsly argued on the impropriety of the wilintifri sleeping in a separate bed Irvin his wife for so long a period as two years ; which lie (the plaintiff) could nut have dome if be loved her as be was Nail' to have dime. It lie (the plaititift) had continued to love his wile—if they were happy and eon. tented together—how could lie have left her for a period of two 1111 l nth*. and that too when she was in her confinement when sloe was its that situation in which his .0011ilinz consola tion was so necessary, and so justly expected by his wife : um, mate id of attending upon ber—instead of softening some of Ihr• mass bitter and painful inoments of her life—lie re inaiird for a period of two months at a distance of miles from her. Dial this look like a continnance of that love and affection which was said to exist? did it spear that the defa•atdant's conduct could have plunged a mitt ca pable of so acting into all the misery and distress in which lie was eimpieutly deseribeil by Mr. Serjeant Caaplev to br ? It appealed, from the evidence, that plaintiff had gone about the roinery with lii• site and defetplAse ; that be had belt them in Liverpool and other places ; the. lie had Bone a ay and left them lodging in the same house together. Was plain tiff justified its thus leaving his wife inaproteeted and open to the power of defendant ? The Learned Serjeant next ad verted to the disparity of age between flue defendant llrs. Vaugbaii. Ile was in fact but a boy, and she was a Lady of 35 years of age ; and, besides, neither of eight rhildreti, six of wl are still living. Might it not then .oe supposed that lie was seduced, anal not a seducer • Coder all eurciainst;lllees, this was not a case which cane.' for heats% and if the Jary we - e to give even a verdict of 34.10 , „ against the defeodmit, it would ruin him fair ever, as he was merely a Clerk in a Public Office, at a salary of 701. to 501 per MIIIIIIII. It was trite, that if a man could not pay in has purse, he mast pay by his person ; but this was not a ease of that aggrava.ed natiire which calicd for so severe a peotall fie would leave his client's destiny in tin• hand.' of the Jiir% wish a full conitiolence they would, by their verdict. 'hew Mat ihey coincided in the observations lie had but imperfectly made on the subject. There was ism evidence called for the defendant. •l'he ease on nulls sides being closed, and the Chief Justice having summed up, Mr. Serjeant Vaughan said, I beg your Lordship's pardon, but coil .mtilted to mention the eirell n•ta icr of the plain: alt 49.1 his wife having separate beds for two years, though there 15114.41 rd to 114 ye been only all order from the allrgettil to that effect, natal the Lady's health was re-established, and appears, had heels within otee-fourth of that period. The eltiotJustice—Creiltlemen, I beg your pardati, 1 fin - gill to mentitia that circa il , iittleY; but bewaie hall, yeti este itliati a precedent of this siat:ire ; you fiat oat know what cie cuoustanees 'night have made such a dumeatic arrangement nerrasa►v. . - The Jury retired, and in 4 wt,irter nf an hour returned a erthet tor pluititiff—D.unugei--Oste 'I housand Pounds. U'EI)NESDAV. Shortly *Arc the Cunt art, darkness came on, in rouse gnenre of the thick foa that prevailed, when candles ht•inu •widenl-, called tut, only tal:ow could he prod need tin the P , lll . .gelle) Of the usumcnt, awl a lat ge font-up:he pound dip being h noted lip . Chiefitell:ee Ahbott said, " I slt.ent have I can't ha% 4' 11.0 ilk have adjourn the Curt—the Shand of the Coy of London ought to ',not ide nay!" A oav rnudtc wan .booty Alt maids pioduccd, and the sow 4e or public justice Wait not intetrisplcd. HARR IsON V. BROWN. was all action !nought by 411 .tflurnty at Liverpool. to recot er demo, el. fur ,1411111.1 splikun hint by the defendant. 11 11 4 defendant wai l , jointl) CMICCI tied with a Bateman in a fishing 44;onek, wlaich die delt: &int eettonanded. Some dispute haviag al own het wren !hem COlicvl olio; the pi 4.11144 of lie 14110411, MI A. MU/411Rn applied to the I lainlid, as her I. cal adviser, who %rot two haillti4 nil board to take pow,. SIAM a.f,hr 0 reel. The de Pendant being violently irritated at said, in the hearing of the Iwo 11th " c1. 1 4.1.11%,410 d d --d Uhl rogue, and .1,44 , 4 v. 41 to he hanged ea.% ago; slim application had hero made to all the o.'net4.4. on Liverpool to do what the 1414iittiti had lout, and Oiry load .414 rt fiord ; intn, hut a it cid at , 41 01U/4111e plNlmitt 000,11141 note' take 441101 4 1/11•111C4.. lie war 4 d -4 cod 111101 and a rale.sl; 444:1) a ne4let 44../1111dd been to the hone of cntrvi. tit...." 71e word. watt pa..vrd lot one of the bailiffs, who Wad taken thew down At the lime, and the jury gave a verdict fur the plaintiff- D.iinages Is. TIIITSDAY. COI.I.IMioN V. Aittmeit. lilts WAS the only remaining Special Jury ease on the let. It was an action for assault and liaiter . s. The sletendant er.ts charged in the pleadings with having assaulted and beaten the plaintiff on board a ship called tilt White, imprisoned him, and put him in doable irons for two months together. The dt•fendant had pleaded that the plaintiff was guilty mtilitittus and that hr Irid not used greater vitdeet tio,sit was leginsite to titaintitist she tharipline sir the eh•ii Upon tit' 4. issue watt s tititteti 5%;1A not gone into, the plaintitl haring agreed to take a verdict of 501. damages. WHITICI.AOIII V. 141CtIV. This was an action for eilitc:ttiots: beard, lodcing, furnished lity the plaintdt to the delentLint, on account of a natural child which had been intrusted to his care by .Jr. Rirlty._ Air. Sergeant Lens, on the part of the plaintiff, refiained, from motives Or delicacy, from st4linx names of fliosP parties who were concerned in this ease ; and two witnesses; by whom, however, the cave was completely nut. It appea.eil that the plaintiff was 0 warehouseman 14 a Alr.Venning, living in Cepthall Monet , by the %%ilea who. lii, child had been brought up ; MIA that the defendant had been an eminent merchant in the City, tint had laid I y lent sanfiwtonate in his business. For the last Sor 10 \e- acs he It been principally resident abroad; and thAt , im. had neglected to pay any thing for the care and ;adoration of h.. child, who had now art ism' at the age of 14 yr.ir.. at , n demanded by the plaintiff Will 2301. being at the rate of 261. for ten yea's. 'Flue Jury gave a verdict for the plaintiff.:—Darrsages 2201. The Sittings are now finished COURT OF KING'S BENCH, TUEODAV, Dec. 22. DAILY AND OTHERS, EXECUTRIX AND EX ECLTORS OF RAMS, V. FLEET, FOR DER, AND OTHERS. This was a cause oration. ilteresi to roach-proprietors. The plaintiffs' testator rill 111.(1 - 611•104014 : • n 11 roaclwniaker et Hartle--row, Hear Basingstoke a n d the piess•nt action was hrotight to recover .1011:., the amount of hill 1011 egaiust all the .lelentlants, as being joist I .roprilloas •t' a roach running ft +iiir Sonihampt-ir to London. The late Mr. Mountain, of the Selectmen Head, Snow •Itill, wits one s•f these proprietors; the keeoei of an inn at 114,ingstoke, another; die proprietor of live inn at Popham-lane, ait ;rd ; and Fortier and Hall, wo coachmen. th•' whets. The door of the coach, with all their names painted on it, as proprietors, wan produced in Court, as well as a laud-hill in *hick they had been all condoned. The defence set up was,. 11141 Fortier was the only person liable lot thin coachinake►'s bill, and that he had heroine a bankrupt. It was 'dated, that in r earh conerons, our pnyriettit pro vided horses for a certain distance, and made himself singly responsible fin' those horses and their uvrntler ; another the twat ilislaticc,and so on; a third provided the coach and all repair•, for which he was paid a nu/eagle iy the oilier pro p, irtors, usually threr•lialfpenre a ntto•. Fonder, who lived at Raginastoke, was the prison who pro vided the coach and its repairs tit the pteseut e ttt cern. awl received his mileage for 10 4111114.. He alone hail iH erneial given the +•r•tern to the coachotaker ; and no COOllll. •el% haul he iii.tde hintnelf sotely responsitile that the Inn, aril- made out 41111 delivered its lii, name, hid, of exchange drawn upon him alone, and the affidavit Was nl.tlil• to 110141 lino to hail. It -twat ed also, th4l Bail, the t••slatnr, knew the .11 C4ll 4 l4llient of the present convent, of Forder's icceiving Ins .age, Audi had considered him as kin only employer. A witness deposed that he lied heard Batty. the testator, say, sieile•d for Furrier ; Folder was his payma•ter, and he had nothing to do with the company." 'fie evidence ap peared so conclusive, that toe plaintiffs consented to be uonsitited. From the LONDON GAZETTE, Tuesday, Deo. 22. BANKRUPTCY ENLARGED. ENLARGED. Nftwcirtm T. A. CARTEM V. G. and KELLY A. Portsmouth, bankers, from Dee.t6. to Feb. BANKRUPTS. EMERY C. Bromley-wood-end, Stalfonlaltire, dealer, Jan. 8,9, Feb. 2, at Hugeley, Stattimlshire. Att. Mr. Tooke, GrAy's Inn. HART I. Southampton, grocer, Jun. .t, 12, Feb. 2, at Guildhall. Att. Mr. Poole, Ad.on's Court, Ohl Woad Street. l'unect.t. J. George Street, Lambeth, victual er I)ec. t 9, Jab. r). Feb. 2, at GutltLail. Att. Air. Shuter, Strect, West. 'Metter. MARSHALL T. Tong, Yorkshire, corn-dealer. Dec. 26. Jan. y, Feb. 2, at Guildhall. Att. Mr. l'lstts. Castle Street, Holborn. Toatt.ares W. Nottingham. ho.ie.r, Dec. 31, Jan. 1. Feb. 2, at Nottingham. Au. Mr. Taylor, Field Court, Gray's Inn. CaLwoon W. Bold, Lancashire, fanner. Ike. 29, Pi, at Waning. ton, Feb. 2, at Liverpool. Au. Mr. Chester. &epic Inn. Antic It. Leicester, liquor-merchant, Jan. é, 3. Feb. 2, at Leicester. Att. Mr. Jeyes, Chancery lane. llonuoces S. Bohm, Lancashire, manufacturer. Dec. 30, Jan. hi, Feb.?, at Bolton. Mt. Mr. Meddowcroft, Gray's Inn. mows J. Woolwich. oonlwainer, Dee. 26, 29. Feb. 2, at Guild hall. Att. Mr. Suter, Greenwich. Gonnon T. Aldermanburv.po,tern. mercer. Jan. 19, r eb. 2. at GuiUhalL Au. Mr. Blandford, Bruton Stieet, Berkeley Square. DIVIDENDS. 41i T. Clark and C. Gray, Keswick, Cumberland, nureczymene .lan. 23. J. Whitehead, M. Howard, and J. Haddock, Cateaton iitreet, bankers. Jan. 25. D. Guildhall and T. Wilkinson, Paternoster Bow, craps mantels.- turers. Jan 16. E. Jordan, Norwich, engineer, Jan. 13. A. Carson and W. Dietill, Liverpool, merchants. Jan. 27. A. Buyer and It. Kenyon. Liverpool, merchants. Jan. IS. T. Hedges jun. Old Bailey. confectioner, Jim. 12. T. Thackray and It. Bound!. Greenwich, linendrapera, Jan. If. .1. Moore. I .eieester. worsted-spinner, Jan. tn. C. Criiiland. Dublin. and It. tridland.Leicestcronereliants, Jan. J. Edwards, Bristol, hatter, Jan. f 2. CRUTIFICATER—fax. If. W. l'enalana, II e:roon. Cornwall. printer—.l. Hemingway, El land. 'iorkt.: , ire, )1 arshall, AHangton, Keil., iactar— Se'.ol y. Paterno ter Row, bowlMier—C. ton. ironmonger—J..l(Ln on mid J . Soma., itigu Ilull orn , linen thapeni— talwrei. Collyliurst, near .la.whecer, nianutacturer—R. Yorke, Fleet Alarlet. butcher. () Sornni 00000 .• n ihgA, It. N. ei.terefl the ( .„,„.1 1 , ; is tV:I 111 PHI Ire) to 111 isli;11 Alli rite nud Rti ..1 ; „.pus • Willi it Xrilliolllllll •II o I. tot.• titS • aim; eel iiiii (11.11.1 Monday an •1 wl'7 I Id ow Ow ; alltw the Jul) irtuluel a vtidict ta—Dita by the Visitatica of OW.