The Statesman. — London, England, 1822-08-19 00:00:00

- ~:. TM', STATESMAN II'ESTERN CIRCUIT.—WiLLe, Atm. 15. THE soaoron OP ILCIERISTiIIe..-REIBERE. LORD NIIINTINETOWeR V. GARDINER. 'Air. Sergeant Pau, stated that 11.1 s was an action brought under the Statute to ►ecover from the de fendant the penalty of 5001. for having wild to re ceive a sum of money for his vote at tuts last election of Members for the Borough of Wheeler, where they were extremely t with the subject of bribery . He applauded the courage of the noble pisintiff in coming forward himself, to elating the inBicdop of the penalty, instead as was common of vetting up an in ferior person as the plaintiff. This was the proper Diode of seppreuing the intolerable grievance of cor rupt Borough., which were the disgrace sad cankers of the country. The name under which the vote troary was di►guised was le this Borough, " horse rAdish." The first witness called was .I.llfaheyloy, an atter wry, who proved that Sir Isaac Coffin, and Dr. Lush. in,,ton were two of the candidates for the represents. Ike of the Borough of llchester in 1820, and were of what was called the yellow party. Liesel Manners awl Arthur Crew Manners, the sews of Lord Hunting. tower, were the two other ceadidstes, sad of the blue party. Wittiest' knew. the defendant Gardimer, who was a laboarieg mason, and worked for the wits's. after the last election. On a particular day he said so him, " John, you hale bad your horse-radish then r Ile was at first shy of answering, but after the witness had asked Mm repeatedly, the defendant said, " I have bad my horeweadish, and it will do my family a great deal of good. The OPDiltliell have behaved very honourable, and I s►all vote for them again." Wit nets asked him how much it was, and mentioned seer v41.211'110, 501, 451. 441-, and at last 301, The de fendant then said that that was about it. Witness asked him for whom be voted, and ha said for Sir 1. CLAN and Dt. Leshington. Cross-reasoined.—The witness acted as spat ea the election for Lord Huntingtower, or the blues, and Mr. Lionel and C. Manners, his sans, were candidates. Witness certainly " pumped " Gardiner, and put such questions as would induce the defendant to commit an offence. The tritons did it at the request of Lord Hut. tingtower, who requested him to find oat who had given and who bad received bribes. Witness knew that Lord Iluatingtewer bad threatened to prosecute any one whom he discovered. Witness after this pressed the defendant, beCause be suspected him, and when the • latter disclosed, witness told Mm be should ton it to Lord Huntingtower. _ _ Thomas Chewy, an flchester rater, knew the de feedant Jolts Gardiner, who said be had voted at the election. Witness voted for Lord Hantingtower's sins. Some time &herds election, and after they had Lad their horse-tadis►, the witness was in cempasy with deftidast, who told the witness be was a fool for leaving his party, for if he had net be (the witness) might hare bad his horse-radish as well as them Witness sated him how much horse-radish be had bad? Defendant replied t►at he had had 39/. Edward Cheney was a fellow-workman with the de fendant, arid remembered that. in December last, he was present when a woman called upon the defend ant and took him from his work. Witness could not say whether this was Mr. Miller's daughter. He saw Lim in a short time after with some paper in Welland. irLich he said was horse•radisb. This was the ease for the plaintiff. Mr. Ana* for the defendant contended, ■pes the et!,:ence, that as the bribe was given after the vote bad been given, the defendant must be acquitted, as the Act was prospective, and only punished for agree -1 ing to receive money for the vote. That was for the core opt contract before any vote had been gives. Mr. Sergeant PILL contended that the payment of the bribe after the vote bed been given, was good evi• dente of the previous corrupt contract. But be rested en the general counts. Mr. Justice RICIIARDION, in summing up, said, upon the evidenci of the fi:st witness, the attorney, that the bL,iness of searching for evidence, as he had•doue, ' was not that hind of agency which the member of an honourable profession ought to undertake. The Jury found fur the plaintiff, penalty 5001. LORD IIeNUNOTOWEII V. ICELAND. Mr. Sergeant Pala. said this was an action brought to recover a penalty from another voter, for receiv icg money after ►is vote at the last election for clatter. .!ohn Whittle gloved that he bad lived for fire or sin !tars at Ilchester, and voted at the last election for, Lord lluntingtower, that was to say fur Lord H's eons. The defendant voted for Sir I. Collin and Dr. Lash. ic;ton. After the election the witness went to the Lczse of the defendant, and asked Fim whether he had received his horse-radish ? and he replied that be had. 0., the same day, the defendant said he should now go on with the building of his house. J.,hn Raisin lives at Ilchester, sad saw Ireland there tv n years ►iece. He asked the witness if be would • o.'a for him ; and. in a conversation which took Haze after, said he could not pay the witness, for he had spent his money that he bad for voting. bet tl.st Dr. Shorland, from whom he had it, would give him more when lie had built his house. He said he had got 451. for voting from Dr. Sborland. who was ef the yellow party. Defendant said he had voted fur Sit ham Coffin and Dr. Lesbingtoo. Verdict for the plaintiff, penalty 5001. FRIDAY. AVOUST 16. BREACH OF PROMISE OF !MARRIAGE. ItIMOUR V. G•RTSIDR. Mr. BATLEY opened the pleadings. This was an at t:on, be said, in which the plaintiff, who is a gen tie;nan, and a Lieutenant in the Navy, sought to reco ye, damages from the defendant, who is a lady and a t. j.IIIW, for breach of promise of marriage. She said tale itt.ald marry said be would marry her. (.1 laugh.) She broke her promise, and he sought tualettsatien fur the ihjury. .1n04.-6entletnen of the Jury, yon hare lear..l (tutu my Learned Friend the Briton. of this •n. The plaiotitivreka comp/Dilation at your hands, the injwy snstained by him in baring been de in led by the defendants' promises into the hope of an al,iaare with her, which slut afterwards refused to r,enply with. It Is true, Gentlemen, that actioas of tl.i, nature are generally brooght at the instance of tt e ladies. But, for my part, I sea no reason why tie sensibilities, which are afflicted by disappoint. trews such as this, sissy not inhabit the breast of the rude seaman as tell as that of the softest form of the tender sex. We ask so more than the circumstances of the case will justify you in gising. The plaintiff is a geodesists holding the rank of Lieutenant In his Majesty's Navy; his father died when he was bat yet a young man, and he is sow almost twenty-sine years of age. He was distinguished for bravery and good conduct, and by bard and drop iforta in the service of his errantry obtained the reward of a com mission. The plaintiff resided at Bath for setae time, where he had retired for that repose which his previous labours rendered necessary to him. At Bath also resided Mrs. Gartaide, the defendant, a lady of prepossessing appearance sad great accomplishments. Site was the widow, he understood, of a Major is the army. She was about the same age as the plaintiff: her husband had been dead several years ; she pos seised a property of about 7001, a year; she lived by ►erself at Bath, and kept the best society. There was no MOOD why Mr. Seymour should not aspire to her baud. The acquaintance of the parties began about a year ago; is May last the engagement took place, which was afterwards so capriciously violated by Mr.. Gertside. You know, Gentlemen, that is such a place as Bath, people rapidly became acquaisted with each other. You will have it proved to you that this lady bad, at an early period, a good opinion of m r . S. I have told you that his father died when be was a very young man; his mother married again and her bus bead happened to be a Mr. Perry, who is stilt the pro. prietor of the establishment at Bath„ksown by the name - - of the Bunch of Grapes. Now, Gentlemen, it might be supposed that Mrs. 0. was induced to change her inten tions of marrying 11 r. Seymour is consequence of having discovered his sear connection with e man of business. But, Gentlemen, the fact is, that Mr. Seymour candidly explained the whole of his private circumstances to the lady, and you will and that she entered into the engage ment with &perfect knowledge of the relationship between him and Mr. Perry. Gentlemen, I shall show that this lady Wended. in all appearances at least, to marry Mr. Seymour—that she communicated a determination to that effect to a third party, and that the necessary ar rangements were begun for the ceremony. The en gagement was made in May, told the preparations imme diately followed. However Mrs. Gartside unexpectedly changed her mind. I shall show to you, by the sel f same witness, first, that Mrs. G. made the promise, and next, that she violated it. The only reams, Heetlemea, which It appears she assigned for the alteration of her mind was, that the father-in-raw of Mr. Seymour was is businesses spirit merchant, or retailer of liquors. Iso sure that even supposing her to hare been ignoraist of the fact, instil after her word had been pledged, the dis covery of sods a circumstance would not be deemed a saltiest excuse for her breach of faith. When she bed bound herself to become the wife of this Gentleman, she should adhere to the obligations. It is no apology for her that she finds some relations of him who was to have been her husband, in a Hoe of life which would prevent her from associating with him. I admit to you, that it most be an unpleasant reflection to know that she was uniting herself with one, a part of whose fa mily must be excluded from their society. But where that Inters husband was a man so honourably dis threlebed in society, she was the less entitled to bold •oot the humility of his connections as a motive for the violaties of her promises. Bat, Gentlemen, the ne essaity of meeting the objections of Mrs. Gartside on this pellet le completely sot aside; for it 111 be saris-, fastorily peeved to you that Mr. Sty ' tirade an unreserved avowal of his relationship to .Gattside. I Geotlemes, theee facts being proved to yea, sod it cep peering that the plaintiff bolds the rank of a Lieteoant ,la the navy, I am sore I need not say a word more to impress yen with the conviction that this is a ease of deep and almost irremediable injury. Surely it never can he said that the wound is not so galling—that re dress is sot to be so amply administered, because she plaintiff bad been raised from an humble rank in life ? Gentlemen, let me say that the condition of that man is enviable who elevates himself to the first rank is society, by a course of honourable conduct, be is a Gentleman by the best of titles—the merits of his life and the appointment of his Sovereign. Gentlemen, one thing, at least, cannot be imputed to Ms. Seymour, that the fortune of Mrs. Outside formed any Induce meet to him in making the proposal of marriage. In i the outset of the negotiation she told the plaintiff ' that she had an aged father to maintain, and a :mice, ' wbom she wished to educate. What was Mr. Sty-1 snour's expression? He told her, explicitly, that she might dispose of bee property as she pleased, and that be was ready to engage that she should remain is the exclusive contront of it. Gentlemen, where is Mrs. Outside to find an extenuation of her mis conduct ? Here is a Gentleman, after years of fa tiguing service, retiring to the amusement, and repose of Bath. Anxious to increase as much as possible his sources of happiness, he looked about for some female of disposition and accomplishments such as would render an alliance with her desirable. He made an offer to Mrs. Gartside ; she accepted it, and shortly I afterwards breaks her engagement. Will it be said, Gentlemen, that Mr. Seymour's feelings have sot been l deeply wounded ? Under any circumstances, I am I sure you would say that he was an injured man: But, ` Gentlemen, the mischief is aggravated beyond uses ' tare, by the circumstance that the party resides is a town where the habits and tastes of its inhabitants are but too remote from the charity of silence; where no toriety is the cheapest of all commodities; where the most trifler circumstance that is dangerous to the re spectability of a man's character, and that cats call up a smile to his prejudice, circulates with the rapidity of wildfire, and is the most cherished of objects until displaced by some new-born scandal. Gentlemen, you will consider how mach ridicule and observation await Mr. Seymour at Bath. He eau appear in no society; he cannot walk the street, without being poiated If as the despised lover of Mrs. 0413*1114. Oestlenies, to men of intelligence like you, it would be Idle to address any further obssrvations; your un derstandings will measure the degree of injury which this Gentleman has received justly and fairly ; you will do year duty, and I am persuaded your verdict, whatever it may be, will give satisfaction to osy client. Lewis Pries Sladden, Keg. was then sworn and ex amined. lam the Master of the Ceremonies at the Lower Rooms. Bath. I have known the plaintiff fur souse years; he is a Lieutenant in the navy; Le move, in genteel society. I was in the navy once myself; I was Lieutenant of Marines ; I knew the plaintiff ou the American station. Cross-ezautined.—l know Mr,. Outside by sight; Mr. Seymour is about twenty-nine years of age, the Lady I take to be about the same age; sbe is a widow. I understand. I have bad (retreat conversations with Lieutenant Seymour about Mrs. Garteide ; I hare beard him lay that he was determined ant is be made a fool of ; he said Le would wish to expose her, bu said nothing about damages. Mrs. Sark examined.—l reside inJolmson-street. Bath. lam a widow. 1 knew Mrs. Oaroside three years. I knew her intimately for the last 12 months I knew Mr. Seymont. Mrs. 0. in'rnduced one about three months ago to him. Did not know hint before She described him to be a naval officer. I saw them, after that, much together ; they were at my own house. Two months ago 1 had a conversation with Mrs. 0. about Mr. S. She said he was a very plea sant mac. I asked if she had any objection to accept of him She said none. I saw her Kali) on (food Friday, in the morning. She said that she knew Mr. S.'s family war in business, but she did sot care, she would please herself. The business she described to that of a brewer and a publican. She told me on Fri day morning, upon my asLing her, that Mr. S. hail made her am offer. I asked if she accepted it ? She said yes. She said she intended to go to Southampton to he married, as she did not wish to he married in Bath. I saw her in the evening. I asheol her to tea; she said she would come, and bring Mr. S. with her, who was to be her husband. Mr. S. came in about five minutes after; 1 mentioned to him what I had heard, and wished him every happiness. This was in her her that 1 thought it unnecessary to F . to Sesithatoopton, as she might be married in Itstlowick. She said she might as well. She agreed that my daughter, Mrs. Boston, should go with them in the morning to the elsnrch. 1 left Bath next day. i noulerstood she bad property of about 7001. a-year. She told me that per haps Mr. S. was acme her property ; the world had given her 1,500/. a-year; if they divided it they would he nearer the mark. She told me she had an aged father she wished to provide for. and a niece she wished to educate. She told this also to Mr. S. She told me Mr. S. said to her that she might settle her property as she thought proper. I saw Mrs. the Monday week fol lowing, on my return to Bath. She told we she was glad frerurncd, and I asked her why. She said it was all off between Mr. S. and her. I expressed my *stn. nishnsent ; I said •• Bless my soul !" She said she could not think of marrying a man whose mother was in busi ness. I said it was a pity she had not considered that before. as she knew it. They are cot married, I suppose ?—Oh dear no Mr. Sergeant Pat.L.—Oh, if they had, they would have nearly had a family before thi..—(A laugh.) Cross-examined by Mr. Seargeant Pahh.—l saw Mr. Seymour and Mrs. Oartaide together frequently. I don't consider that circumstance a sufficient reason why they shoalel marry. I believe, Madam, you put the marriage into the lady's bead first?—Yes, I might have dose so. You are very good natured ; are you maid, wife, or widow % A widow ; my hasband was proprietor of the Gloucester Coffeehouse in Piccadilly, a place which I dare say you know very well. Oh yes, Ido very well. Why, Mrs. Slack, this must be quick work between these parties ?—That is their business—(A laugh.) How long bad Mr. Seymour bees acquainted with Mrs. Oarteide before he popped the question to her— come. DOW go back to the sweet month of May ?-0h I can pinch as far as April if nccessary.--(A laugh) do not know when they became first acquainted. They were on intimate terms about a fortnight before I saw bits in her eompaoy at my bow. 1 was no confidaste between the parties. She told me that she i would not marry him because his mother was in busi• nese ; her husband kept the Bunch of Grapes. Mr. Sty. MOOT is sot now in Court. I saw isius this morn ing in the Court-yard. 1 did not bteakfast with Was he very ill when you saw him ?—lle did not complain. Was he merry then'—He seemed well and pl . (Laughter.) Why it makes you blurb agmin—(laughter); there is the widow off again. —(Much laughing.) Did you ever see s disconsolate broken hearted lover ?—I am not much acquainted with men's hearts. —(Great laughing.) The witness was re-examined. Mr. ADAM.—Ttiat's my cam. Mr. Sergeant PELL.—Gentlemen of the Jory, you mast not have failed to remark the very low, and de sponding tone in which my Learned Friend uttered the words—. That is my case ;" and when I considered the effects of disappointment on the human heart, I can not be surprised at his despondency. Ocutlemen, I shall relieve you from the tediousness of comments upon the evidence : 1 never will attempt to deny that which is true. 1 say nothing of the evidence here; perhaps • promise was given and broken. I owe a little to the young lady who afforded as so much amassment in the box; I declare the widow is off again—(lllnch laugh ing.)—l f the evidence be satisfactory to you, you will do your duty. We have had two witnesses for this case, in all respects the most dissimilar that could be well brought together. The master of the ceremonies, all air and grace, sliding into the box, with an undu lating movement, which indicated an habitual command 1 over every limb. Next the pouderous widow, of sialpitan tial form—her evidence as substantial, yet amusing enough to have excited universal laughter.—l should not say universal, for there was Mr. Bayley, who begun this case with the gravity that could scarcely be affect ed, and continued with his declaration in one band, and biswbitehandkerehief in theother, to keep . e the tragic 1 aspect, which according to the received principles of the drama, he was bound to do. Soon, however, shall we see this artificial gloom give way to the native playful ness of his disposition—soon shall the doleful riwesets tative of a desponding lover relax into the gay and smiling Mr. Bayley. But, to treat this matter seriously, I should, Gentlemen, say with my Learned Friend. that the feelings of • roan, when disappointed by a breath of contract of this nature, are no snore to he trifled with than those of a woman. The same principles that prevails in one case, should prevail in the other; and where a man has suffered a bitter mortification, there is no rea son why lie should not have compensation. You mar, if satisfied that theevidence establishes the fact of breach of promise of insrriage, satisfy the law by your verdict; but, as to the damages, let use say one word to you— Does not this business appear to you very pre mature? Wes nut the conduct of Mrs. Stark appear very equivocal; she seems to have had suinething iii view. She first asked " Do you like Mr. Seymour; if he made you an offer would you ae cept it ?" A neck after this, on Good Friday, she finds that an offer had been made ; then talks 'thou , Southampton; she invites the lady to tea; the lady says she will bring Mr. Seymour, and in five tninute afterwards Mr. Seymour walks in. The conversation at Mrs. Stark's shows what her office was. The pro miss being wade, it was prudent to have the marriage take place as soon as possible, in order that the lad, might nut have time to rep...A of her promise. This is a most important witness; she furnishes the evi ' dente fur the case. She gives Mr. Bayley the mate rials Wt his record ; and Mr. Adam she tarnishes with bieeepressions. aestlemen, we have had a touch 5 r 'he grand from my L arned Friend—we I, ‘ „ h ad description of the heroic. *eerie*" of Mr. Settee, Oentlemen, he has not yet relisquished his professional babita—he carries war into the calm retreats of lima —there be attacks a first rate.—(A laugh.) °outlets's, he retires to Bath and fires his as.; eirainst Mrs. Oartside. No wonder she struck 1.-r flag—knowing her enemy, she thought it pedant 4 yield at discretion. But it seems this gentienes s the " despised lover" of Mrs. aartside. It is nil that " hope deferred makes the heart sick." E e ,, r body—always excepting Mr. Bayley—eau coscas o the effect, of disappoiatment in love. The pale, sal% deed, relaxed, melancholy aspect indicate the forts the passions, Nothing, incite!, makes the row % nanre more aucomfortable than to final iaiiffertem where we long expected to find a return of passiaa. However, that this description did not apply to Seymour was rather pleasantly enough eetahlishal ; ,, the important Mies. Sark. tiii•ntleessen, Mr. Sey a ,,,;, has been held up to you as a hir ant/ honourable Gm The word. were seemly out of my fiend's sash when Mr. Maddest, his early friend, is pet late de box. Gentlemen, what does he say ? Why, that d o object of Mr. Seymour was to expose this lady. This is the real object—the ostensible one is eatopensat;•is in money. is this the cotoloct of a ruin who is te be held as an honourable member of society ? Is it me. duct that is found consistent with the habits of the most honourable class of society, to which Os es,a. try is under the deepest obligations—the awry tif land. Gentlemen, a a toatter of prudence, shoal the plaintiff have brought forward this action foe .1, 'humanly purpose of making this lady an objtetsf contempt and ridicule in the town where she weidoll task you also, has not the woman had most fens. nate escape in not uniting herself with a use card!, of harbouring each unbecoming makes ? WV, I the lady about to be married, and if at the foot of the altar it had been whispered to me, that the ma. to whom I was about to be married was capable of such tiageser. cam conduct, I would turn from him sad sacrifice my 1 property sooner than be united to him- Gentlears, the distance between a respectable woman, Asada au I who could deliberately act in this manner ought is hs a thousand times of greater force as an impadimest a anion than any irregularity of rank, birth or reran. Gentlemen, you will consider the conduct of lbs. Sleek on this occasion. She appears the agent ego governs aid conducts the whole of the operations—lei as nobody can more conveniently eve an account of her own measures better than herself, she is brought into the box. Gentlemen, on the score of damages, let me ask what injury has this gentleman stistaimil You have no proof that the matte, was known to &sa g!. person besides Mrs. Slade. Mr. Seymour ran este plain of no expense—no injury either in character or purse. Gentlemen, if it he your opinion that a promise was given, and broken, you may satisfy the lea —bat you ought not to go farther. There is really no wrong ; a nominal injury is the last description of this case. The plaintiff may console himself in his disappointment, that at loam he hie lost ntabiog br the lady; not a token of love passed from him; ss hridal preparations; to entamented dress* sat • ribbon; not a single bunch of ribbons for the lions! heads; not even a smelling bottle, did he bestaa apa this lady in the enthusiasm of expeetatiost. sal. n:le tnen, 1, who am a married man, have the advantage of my Learned Friend. He is yet a baciselee, ant cannot appreciate the feeling of him who is about to yield his neck to the ,olden bander, of Hymen. The most prudent become lavish ea such an OCERSII4I; sad where there is a deficiency of those indications of transport, on the part of the male candidate, we nay easily guess what would be the measure of his grief, if accident were to prevent the union. (lestirtote, there are two points for your considernton; the evi dence and the damages. If you are satisfied upon the first point, it is right that the law shoold not be dis appointed. With respect to the second point, I pray you not to assist this plaiatiff in gratifying a rewas• sent, to which he should have been superior. Mr. Justice nrcitaansom stated to the Jury that the law made no distinction between actions for iejaries of this nature, whether breaght by a female or amen. The evidence of Mrs. Slack was inteliigtnt, and is every respect entitled to credit. On the other hand she engagement seemed to have taken pliee with i s expedition, which left it out of one's power to supra that its failure could be the source of great uneasiness to any of the parties. They seemed to be very haw): very foolish iudeed, about so serious an affair. The expressions, too, of the plaintiff, that he wished to ex pose the lady, were material for the cormderation the Jute. as it 'hewed vindictive feelin6a. He tboa:iit they ought to find for the plaintiff The Jury, after five militates dehherstion. bronglit in a verdict for the plaintiff—Damages -10 s. BOW•STREET.—Saturday two men, named Pern , taed Pcorson, were brought op in The custo.ly of Morti.. Halter, and Leek, under the following circumstance About 12 o'clock, on Friday night, the officers stevrtd them in Henrietta-street. I'pon Barnet was foetid &bine bag, rsontaining the whole implements of house.bren%. iv—such as iron crows, centre bits, dart: lantern, pbo phOrMS box, and a number of skeleton and other keys, Pearson had only in his possession some keys of • time tionable nature, with some small rope, and a bludgeon of no common size, which, from examination, yesterday in the office, appeared to have been used in a very forti• ble manner against doors or windows. In their defence Barnet stated that he found the bag with its contents on Westminster Bri.:Lre. Pearson denied any acquaintance with Barnet, until he was reminded that it was not many days since lie was conunitted to prison fey robbing Mr. M•tiowan's house, in Catherine-street, when his previous acquaintance with Harriet was brought to his recollec tion. They were both remandec for ten Jays. DIED. On Sunday morning, the 11th instant, in North-street. Lambeth, in her 31. nit veer. Mrs. Catuerine Holland. %lie of Major Holland, late of the lit Ray•l Veteran Battahor. Ou the 13tb instant, at her house at Claptun, Mrs. JA,r Mar.n, relict of Captain Alexander 311.11:1. On Thursday, the lath Instant, as his seat, Fern-hid , Berks. after a protracted illness, Sir Theupuilus Juhn Met calfe, flart., in the 39th year of his ay.. On Thursday, the 13th inst., U. Cual.ffe, Erq., ba:dtr, of Blackburn, Lancashire. On the pith instant, aged SI, Robert Crawfo:d, Esq.. Nelson's-place, Kant-road. London : Edited, Printed. cud Published at the dime "• The BTAT arid AN" nod " THE COlkfT ITVTIO•S" (sagas.) Paper, No. 297. !Weed, by R. WARDELL. LL& it , wnom all oommaiientione, Orders, , ire requested to be addressed 4 rl ME