The British Press; or, Morning Literary Advertiser. — London, England, 1807-12-23 00:00:00

vi R IQ Ili -cm. CON. LAW !INTELLIGENCE. SIIERIFFS' COURT. MIDDLISIC Beiford-tioret, Regff,rd-apr i gtet. U. THE EARL 01 tt.004 reaousie“. This duy, at eleven o'clock, a Jury was assenahlea far the purpose of ascertaining the pension of Damages to be given to the Plaintiff in this action, ethic's hal been brought against Om Ihilhadant, in die Court of King's Bench, for criminal cnnversa ion with Lady Elgin, Mr. Fergusson having allowed judgment to po by default. Mr. G aa as sv, addressing the Jury, said. that he had the honour of attending them, on behalf of the Noble Plaintiff evil this inquiry, for the purpose of assessing the Damages to be allowed his client, for the miscondua of the Defendant, who had al -1 isved juJiament to go by default. There had been, within these last twenty years. too many instances of anises of this snit; in many of these he had been c ocerned, is the Courts at Westminster ; but he t.ought he might venture to state. that of all the melancholy cases that had occurred, this far ex ceeded any he had hitherto experienced, whether he looked at the rank and station of the parties. or the manner in which the conjugal felicity of the Plain tiff and his wife had been broken in upon by the Defendant, and the deliberate system which had horn adopted to break down the most virtuous ittiociples, and destroy every barrier opposed to the U•fendant in his objeff of getting possession of the Lady's person. In short, in whatever view they took it, they must deplore the melancholy result. The Plaintiff was the representative of one of the most arcient families of the Nobility of the United Kingdom. inheriting a large estate from his ancen tots, as well as inheriting virtues that were never excelled. He married this lady when she was only twenty-one years of age, he being somewhat older, but no such disparity existed betwixt them as to occasion any degree of infelicity 4 It was a union which met with the approbation of the relatio,.s of each of the parties. It took place in the year 1799 ; and shortly after it. Lord Elgin was appointed as Ambassador to the a Snhlime Porte, but being so much attached to Lady Elgin, he (the Plaintiff) was inclined to rej-e it, as he could not, without the utmost reluctance. abandon all those testes of happiness which he had justly formed to himself, by remaining at home, in cultivating the affection, friendship, and kindness of his spouse. She,however,i esolved to accompany him, although resisted by her friends, and they passed 2 or 3 years at Constantinople. He should prove to them that there sever was an example of a more ri gid attention to every thing that could recommend a husband to a wife, or a wife to a husband, than was evinced by this couple, and that they might serve as patterns to eve one. Unused to, and untainted by. the follies and the vices that surrounded them, they exhibited the best pattern of the best English Manners. Never did a day pass, upon which Di ) vine Service was not performed. To Abide to more trifling circumstances, which, however. wese important and worthy at notice, in such a situation as this, partieulerly when the case related to a per featly accomplished female, he might notice that this Lady had the fortitude, while all around her were giving card parties upon Sundays, rigidly to adhere to the best pattern of the custom of her native country. She refused to comply with cus toms inconsistent with those in which she had ori ginally been educated. They found in their chil dren all that they wished of happiness. They had four children now living, two of whom were fe males. After a residence of nearly three years at Constantinople, Lord and Lady Elgin, in 1803, left that place with the intention of returning to this country, and on their way homeward passed through France. The evens which took place in that country were yet fresh in the recollection of every one. There was a total breach of all rights of hospitality. as well es a suspension of that courtesy, which subsisted by the law of nation' ; in short, one hardly knew words in which to de scrie the conduit that was then adopted by our enemies); but so it was that this Noble Lord, an Am bassador to a Foreign Court, returning home, and passing through France, where, in better times, he would have found, not only security, but the most hospitable reception, was, with his family, made prisoners. Amongst these, Mr. Fergusson, the De fendant, was one, who was received by Lord Elgin as a friend, sharing the same dangers to which they were exposed. In Mr. Fergusson Lord Elgin recog nised a friend of his family, and a neighbour of his estate is Scotland ; and, from these combined cir cumstances, it was natural there should be more than a common di gre of intimacy. Lord Elgin was soon afterwards removed from his family. and separated from his Lady, and nobody expelled that lie would sewn obtain his release. Lady Elgin, capon this occasion, condulted Woolf in the most meritorious manner, asseasingly endeavouring to procure his discharge, by repeated. appli• cations to Monsieur Talleyrand, who was first in (avow of the First Consul. In coast queue of her exertions, she at length obtained a promise that her husband should be exchanged with General Bowyer, a in isoner then in England. He should, li i . ever. pass ovet the sufferings of this family shit, in France. ay merely observing, that while they were separated. Lady Elgin was delivered of a child, at Paris, and afterwards went to visit her husband, at the place of his confinement. That birth was in lIKK, and Lady Elgin nursed the child herself, Lid by this -vent their mutual kindness was considerably increased. At length it was found impossible that Lord Elgin could procure leave then to return to England, although he had bushiest of the u; trust importance to transact, both o 1 a public aid of a private na me, Jr having been absent for about five years from Seatlano. Isis native country. He had, during that interval, curaributed, in a consi derable degree, to the support and accommo dation of our army in Egypt ; and, in consequence of his easitions, he had transaffioas of the first mo ment to wade with our government, had he beam able lb procure his return home. Mr Fergusson at this time having gut leave to return, his Lordship chose him as a coaideotial meat, sod accredingly informed him of ail Isis oenceins, and al them this Defendant oadertook th. 11124.4 g. MM. So entirely I was the Defendant in bis Lordship's confidence. that amongst other things he was requested to be. come the guardian of his children, his Lordship dreading that he might be doomed to drag out his •:istence in that distrated country. His Lady being, some time atter this, again pregnant, it seemed necessary to procure her return, even with out him, to this country. That favour was obtain ed, and it was agreed she should return to her grand father ; but instead of going there, she took a small house in Baker -street, London. It would be unne cessary for him, in this stage of the proceedings, as the Defendant had retired front any defence, to go into a detail of evidence of the various interviews that took place between him, the Defendant and Lady Elgin, in Baker-street ; the defence having gone by default, clearly admitted there had been criminality betwixt them. The course which he should adopt, would be to restrain himself and keep within bounds ; for even although Lord Elgin was suffering by a conduit which had deprived him of all happiness in life, his Lordship still wished not to wound the feelings of that wife, upon whom he doted more than ever man did. He wished too to avoid inflicting wounds upon the feelings of her respedable parents, who must share very deeply in her disgrace. After she came to Baker -street, it would appear, as was naturally to be supposed, that Mr. Fergusson had ready access there ; she had seen him often at Paris, and knew that be was charted with most important in terests, and the most confidential secrets of her Lord. This gave him means which ilea other indi vidual could have obtained. It was the unceasing objet of Lady Elgin, aad all her friends, to procure Led Elein's discharge.' He should do Mr. Fergus son the justice to say, that he. amongst others, was anxiously endeavouring to do so. He repre sented to her, tkat he came from Mr. Fer, Lord Grenville, from Sir Joseph Banks, or horn other persons having influence with the first Institute at Paris. This afforded Mr. Fergusson means of inter course, which no other person could have procured ; and it was impossible to doubt, that he had used this opportunity to possess himself of her person. Lord Elgin returned to this country in the month of June 1506 ; and it would be proper to notice, that he bad previously received a communication from Lady Elgin, since bee arrival at Baker -street, and during his confioemeste, acquainting him that it would be absolutely necessary. that the usual inter course betwixt mat and wife, snould cease between them. imrd r pgin tnought that this was merely the A* )* severe consequences at tending her lasts Childbirth, and therefore took no notice of it, trusting that when he arrived, this ex traordinary request would soon be conquered. This request, however, to his surprise. grew into a resolution. He, yielding to her entreaties, consented to her wish, that they should have separate beds, not having the least idea that this lady. who had been hitherto writing the most affedionate letters that could be penned, would be capable of disturb ' ing his repose, by any unlawful or improper sug gestion. She went he her father's house in Scot ' land. Lord Elgin remained in this town about a fortnight, and then visited Lady Elgin, and found that this impression was still labouring is her mind, se that he thought it absolutely necessary to con form, in order to contribute to her happiness. He thought he could not do better in this part of his misrules than to read to them (the Jury) certain passages from some of the letters which had formerly passed between this once happy couple, wherein the charader of this lady. and the state of their conjugal felicity, must be rendered evident beyond a posss.ility of doubt. They were the ge nuine letters of a person torn by necessity from tier husband, while leaving him in a foreign country, and skewed the real sentiments of her liven, down to the moment of her leaving France. (Here the Learned Counsel read various meads from letters which had passed between these parties, cerns ing, at once, the tender attachment subsisting between them, and the anxious solicitude of Lady Elgin fur the safety, this happiness, and the dis charge of her husband ft on) his state of confinement. In these the tenderest and most effedionate expres slims that could be conceived, were made use of by this Lady towards her husband.) Thus in the determination to perform her duty in conformity to these affectionate expressions of at tachment and love, Lady Elgin arrived in England. He had stated, that-Lord Elgin went te bar. and remained a short time with her in the Ninth, during which time a letter fell into his hands, written and folded up in a vulgar utuner, as if it came front a person of low cunditiun, being in a bad hand, and containing bad spelling. it is well known, that when persons seal a letter with wax, and seal also its envelope, that operation melts the wax of the inner one, and causes it to ()Fen. This letter fell into Use hands of Lord Elgin. who taking off the outward cover, found this letter already open, and discovered that it was from Mr. Fergessou to Lady Elgin. conceived in such high terms of at fealeinate attachment and regard, teat he could not doubt it was meant as an advance to mitadial inter course. Besides this, other letters fell into his hands, parts of which be (Mr. Garrow) proposed ' to read to them, and he lett cousidei able difficulty in having that part of the task imposed upon him. They showed that the Defendant was jOrtedir well acquainted with the character of the•peesneete was to approach, and that she had been Omitted in the best prieciples of morality, and prized the domestic happiness which resulted frOm them. He knew that she was not a peraso-tts be Pam hy storm, that any rash attempt upeasher virtue would only alarm her and put her upon her guard, and that at was to be done solely by artifice. Lord Elgin was the objet who was to be misrepresented, and sonic of his most intimate friends were to come in tor their share in the misrepresentation. His conclud as a private and public man was to be brought into discussion, and she was by degrees to be weaned from that aka she still tutertained for him. instil it shouts be fit to make advances in more di tea terms. When this preparation has been once accoMelishedl the attachment existing in female miods is broken in upon, and the ruin of the wife is rendered not so difficult as it otherwise would be So it was in this case. Janie of the meant' in the fervid) , were seduced, and particularly • French woman of the name of Christiana, and a man of the name of Goslin, whip was the last person that should have shed each a part, - he having experienced much friendship and kind ness from Lord Elgin, and, therefore, lay under the . greatest obligations to him. In duty to Lot d Elgin, be (Mr. G•aaow) should willingly read every line of these letters, should the Counsel for the Defendant think it necessary, and call upon him to produce and prove them, but he wishefffo spare the feelings of others whose names wire therein mentioned. (Here the Learned Counsel . read various passages from certain letters said to have been written by the Defendant to Lady Elgin, at the period described, conceived in terms of the most romantic and enthusiastic Jove. In these he called her his beloved Mary, and that he should never be happy till they were united. as there was a perfeß and complete union of their souls. To ac complish this purpose. means were proposed to dis• solve the union that subsisted between her and Lord Elgin). Mr. Garrow then proceded to comment with great force and energy upon the various pas sages of the letters he had read, with a view to show the intention of the Defendant to wean the affeilions of this lady from her husband, in or der that he, Mr. Fergusson, might himself be united to her, after a separation had taken place, in what he enthusiastically called, a state of everlasting feli city. From one of these letters it appeared that the lady had not been so abandoned as not to feel compilation for the lengths she had gone, and had written the Defendant a letter, on the lith of March, discarding him for ever, her regard for her family having got the ascendancy over all his en treaties. This plunged t' - Defendant into an abyss of despair ; but still lie was convinced she loved him, and that when she was completely alienated from her husband, they would then be united, and never cease to love, till nature sank them into the grave; that they would enjoy that happiness which only blessed hearts can feel, with the petted con viltion that to each other they would eternally belong. What more heeded he to stale upon this point, after having detailed to them the general complexion of these letters ? He did not appeal to their passions, but to their justice.-- He asked it in the name of an injured hus band, upon whose character it was impossible to cast a stain. He should tali before them witnesses who had seen the manner in which Lord and Lady tlgin had lived together, and they would find the facts as he had described, and that they were a perfect example of every thing that could render the marriage state happy. He, for that injured husband, asked at their hands damages to the amount of 20,0001. Was there any man who could think that too much ? The injury sus tainrd was not one that could be compensated with money. The rank of both parties was to be taken into consideration. The law had said, that the. state of the morals of this country required this mode of punishing such a crime, and that a Jury, was to de their duty in awarding the utmost da mages, since it was deemed unnecessary to have any other mode of punishment inflicted. No pe• nalty could be too great for such au offence. as it was necessary to scourge the offender. There was no reason to believe, that, under such wholesome laws, seductiou would become a thriving plant in Great Britain. The Learned Carmel then alluded to a Bill that had lately been brought into Parlia sass* by the prima Chancellor of the Exchequer * to prevent this growing mischief, but which had not passed. This shewed the argent necessity for Fiviog the utmost possible damages, in order that it might not be believed by other nations. that the fair vs of this country were negligent of their con jugal duties, and that the ethet had nothing more to do, in order to sedges them, than " to go about, seeking whoa they might devour." Another cir cumstance he had not adverted to was, that Lord and Lady Elgin had a son that died at Paris, to their mutual and agonizing aellilion, and from these letters, should his Learned Feieads, who were Counsel for the Defendants, wish them fully read, it would appear, that the corps of their darling child was embalmed by Lord Elgin, and sent house to this country to be interred in the family vault; that he had entrusted this duty to the Defendant; and that the Defendant had, upon a subeetsent cc• casion. dissuaded Lady Elgin from visiting the tomb, when she had expressed an ardent desire to do so. This, Mr.Gaa tow inferred, erose from the desire of the Defendant to seclude this lady from every thing that could tend to produce a return to virtue. Without enlarging farther, he should com mit the case to the judgment of the Jury, trusting, that they would make the D. fondant feel the injury he had occasioned to Lord Elgin and his family, by tusking that atonement which would operate as an example to others. Mr. Giraitow spoke nearly two hours, and there fore the foregoing eau be but a summary of his speech. The other Counsel for the Plaintiff were, Mt. Dampier and Mr. Stuart, who then pro. carded to examine the witnesses. _ . Mr. Hamilton, the Private Secretary of Lord Elgin, deposed, that he sailed with his Lordship upon his embassy, upon the 3d of September, 1798 and that he continued with him at Constantinople for a year, during which time be lived with him and Lady Elgin, and also accompanied them to Sicily. During that time he had an opportunity of ebsei vies their demeanour, as man and wife. Lord Elgin, in his opinion, concluded himself as one of the must affedionate sad tender husbands he had ever heard of, and her Ladyship as the most tender and dutiful of wives. There was a chaplan attach ed to the embaay, and prayers were attende.s every Sunday by the whole family. with the greatest regu larity. Lady Elgin appeared to take a lively inte rest in every thing that concerned hi■ Lordship. either of a public or a private nature ; her ermine during an indisposition of her husband, was most attentive and affectionate; and, upon the whole, she caudated herself like a woman, educated in vir ulent principles. John Mousier deposed, that he also accompanied Lord Elgin to Constantinople in 1799, as his Pri vate Secretary. Although he was occasionally ab sent with dispatches, to hau various opportunities of observing their conduit as man and wife, having lived in the same house with them. He (Lord El gin) condoned himself as a most affectionate hus band, and Lady Elgin as an affectionate wife and a tender parent. Mr. Staling depend, that he had met Lqrd and Lady Elgin, at Paris, the 3d of May, 180 S, about the time when hit Lordship was arrested there. He never had an opportunity of seeisg a couple living more happily than they did. Mr Fergusson was one of those who was intimate in the family; bat he (the Witness) never saw any thing that led him to doubt that there was a most retied attachment between the married couple. He had an opporta. cl ageing the elfin which the arrest of his Lordship had upew Lady Elgin. It was such as as affectionate wife iwould naturally evince ; she 'hewed the greatest anxiey as to the tate of his Lordship, when he was taken from Paris to Vn rennes, to be thrown into prison. Captain Donnelly said, he comanded the Plarrierve, while Lord And Lady Elgin were on board, for the space of two months, is iday and June, 1/1011, when they were sailing from Athens to visit Greece.— There appeased to be the most reciprocal afeiion subsisting between them, during the whole tittle they were under his observation. Mrs. Lyne also deposed as to the great affeffion of these married parties, during a considerable space of time she had occasion to observe them in 1804. Mr. Hamilton, the forraer witness, upon farther interrogations, stated, that he being in the Secre tary of State's Office, had occasion frequently to call upon Lady Elgin, when she lived in Baker street, and that she always shewed the ugonst ans. iety to procure the release of her husband. General John Murray stated, that he was se quainted with Lord and Lady Elgin, at Constan tinople, in the winter of 1801-2, that he went to Athens with them, and that they always appeared exceedingly attached to each other. She was a most exemplary woman, and he bad long known Lord Elgin. as an exceedingly moral man. Mr. Chafing Duff had long been in the employ of Lord Elgin, and had accompanied thcm to Con. s:antinople, occasionally coming to this country with dispatches. He never saw a happier couple in his hie, nor persons who coodufled themselves with greater propriety. The child that died abroad was embalmed by Lord Elgin, and scat home to be interred in the family vault. at Dunfermline, and Mr. Fergusson attended the funeral in the absence of Lord Elgin. Mr. Fergusson seemed, npnn all occasions, to be much interested in Lord Elgia's affairs, in every respell, and aged apparent) for Lind Elgin's benefit. Mr. Ferguason' s family es tate was ia the neighbourhood of Lord Elgin. Mr. GAIROW here proposed to call a witness to prove the hand-writing of the Defendant, but the Counsel for Mr. Fergusson admitted the hand-writ- log, and agreed that it would bit unnecessary to la ". read any more of the letters. Robert Draper stated. that be lived *rearm ..1 . with Lady Elgin. at No. 60, B a ker. Port & r man-square, in 08oher 1805, and l e ft 28th of April, 1001 f. During that period Mr. Fee stn's visits were very frequent, and at hoc', • ' earlier and later than those of other gentlemen ; ,I' seating, that he had business of Lord Elgin's to el transaft with her, and giving and receiving lettllha i to take to Me. Coutts lb- banker. The Detendarre used to exptlss great anxiety tor Lord Elgin's gel 4 turn from his implisonment in France. Mr. Hay Donaldson, a Writer to the Signet,froill idinburgh, produced a certified copy of the en tailed esters called Raith, of the Defendant's fa ther. This estate was striftly entailed npon the don after the death of the father, without division. He always aonsidered it as a very valuable estate, bat knew nothing of its real value aide own know ledge. T'nere were stria clauses prohibiting any alienation or creating incumbrances. There were some clauses burdening it with certain debts. The Defendant's father was a hale stout old man. He could not take upon him to say, that this estate pro duced 208001. a.year. Here the Plaintiff's case closed. Mr. 'Pore sew then addressed the Jury. He said he had the honour of attending before them as Counsel for the unfortunate Defendant in this cause; and when he used that epithet, he thought he was well warranted in doing so, from the manner is which his Learned Friend (Mr. Garrow) had opens( ed the cam to them. His Learned Friend bad stated, what was undoubtedly true, that this was one of those melancholy specimens of hamar; frailty, where a man had been placed in the way of temp tations which he bad found it impcssible to resist. If ever there was a case where temptation existed, it was that upon which they were now called to extra else their judgment. He certainly had no reason to complain of the Learned Counsel, but, on the con. trary. to thank him for the manner in whirls he bad opened (he case against bis unfortunate client. He knew well that that Learned Gmtlesnan had had great experience in this description of causes. Not so his, Mr. F.'s situation It nen a case, however, which required but few obillkations on his part, which he should endeavour to impress briefly. yet powerfully, upon their minds. Here Mr. Topping entered into a rempitaiatims of iffie circumstances of the case, as proved against eh Defendant, and stated, that there was no evi dence that Mr. Fergusson, while at Paris, wailing admitted under the roof of Lord Elgin, or enjoyed the hospitalities of his table. Mr. Fergusson had rant Lord and Lady Elgin by mere accident, sad while they went toVarennes, be remained at Pat is. I , Lt was net, therefore. proved, that any improper intimacy or cooneftiois took place between the* parties in France se that the tact of adultery having ►een committed, and which the Defendant himself had admitted, did not take place these. He felt eaJ his Client felt for the unfortunate tine which his linpreclence had led him into. ►y the fascinating c►arms of thus Lady, in whose praise the Learned osener had been suificiemly lavish. In the month of Odober. 1805. this Lady comes to England, unattended by any of her rela. fives. It was then that the criminal a* had ►een committed; but after Lord E.'s arrival in this cool. try in June, I SOG, there was no possibility of an inter. course taking place between the Defendant and this Lady. It was et • tirne, therefore, when this Gentle. man was placed ander very peculiar circumstances ' which introduced him frequently into the compeer of this Lady, in the absence of bee husband. that any miscoodni2 ►ad taken place. This ctedd no•, therefore be called 4 deliberate plan of selloeion I for who could have vista* enough to withstand the temptations that presented themselves ? He did not stand there to justify the Defeatism. Inv, so the contrary, to obey tie commands is opseseing ►ie regret toe whit ►ai.thes latmempii. It oesestai ~J