The British Press; or, Morning Literary Advertiser. — London, England, 1804-07-13 00:00:00

L►W UrrtLLICMNCI. COOT OF KIN(Fs lllNCH—CionseaLt i Jim 111. fittings before Lord ELLim so Rouen aside gpeciat Juy. Tilt ZING O. MM. DR•IPCS This was an iniktment for an assault upon Re becca Manafy, wife of James Manafy Mr. Li re LID•LLS opened the pleadings on the part of the prosecution. Mr. Feauussosi stated the case nearly as follows : • My Lord, and Gentlemen of the Jury, my learned mead, in opening the pleadings, has stated to you that this is an mdiament for an assault. It is my painful duty to state the circumstances; and if my lastrudions be true, it is an offence of a most enor mous nature. 1 have no occasion to inform you who the Defendant is, as he is well known in the law as a person of uncommon merit and great ta lents, who has raised himself to that most honour able situation in which we now see him ; and I hope be will do me the justice to believe I would not ad in any manner in which he would not do were he in my place ; in which case he would feel it incumbent upon him to perform that duty which has now de volved upon me. The Prosecutrix in this case is the wife of James Manafy, whose situation in life was formerly much higher than it is at present. They have been reduced to much distress by most lusfortunate and untoward circumstances. About sine years ago, Mrs. Manafy had a reversionary in terest in a property then belonging to an aunt, and employed Mr. Sadler, an attorney, to prepare had manage her claim. Mr. Best was engaged as counsel for her in that cause, from the time of its commencement till the year 1802, when the cit.. camstance in question took place. A correspond ence was carried on between the parties, and fre quent interviews were the consequence; but, no g improper appeared in his conduit, until the mouth of April 1802, when, in consequence of an intimation from the Defendant, importing to be upon the subjea of her aunt's property, this lady went to his chambers. When she came, no con versation took place on his part relative to the busi ness; but a circumstance occurred, which I shall decline stating, as I would rather you should have k froth the Witness herself. I will merely say, that k was an attempt to violate her chastity. A person of more virtue and respeaability is not to be found than the Prosecutrix ; and, if you believe the Wit ness, she has been seriously ill-treated ; but my in. struaions do not rest here. As it is stated to me, the Defendant had declared to Mr. Ally, a gentle man of eminence and respectability at the Bar, that he wished to compromise the matter; and was ready to make an apology for the injury offend. It may be said on the other side, that this indid nsent wis not brought f award so soon as it ought to have born ; hut the husband of the Ptosecutrix, having suspicions upon the suhj , ..d, wrote a letter to the Defendant, Which he had construed into a chal lenge, and upon which he was arrested, and impri soned three months. Flom these circumstances, and the poverty of the party, which was Ly that event greatly increased, they were nut able to brio. , the business forward a: tut e.trlier period. Learned Judge, I am confident, will aft in this case as he does in every case hich comes before him ; and I shall now call my 'WitiLsses. When you h.sve beard the fads, it will Le h,. you to say whether the Defendant is guilty or ry.t." The Prosecutriz, Mrs. ttebecca Msnafy was then called, and =minima by Mr. LIT Tt.EDA • . Q Are you the wile of lkl4ll4fy ?—A. I am. Q. Do you know Serjeint Best, and how long ? 4—. A. I h4ve known him ten yc.trs. Q. Do Yoa remember seeing him in the Temple in the ye it 1802 ?—A. Yes. Q. How came you to go to his chamber . ?—A. I went in consequence of s letter he wrote to me ; it WAS about twelve o'clock at noon. Q. ltehte to his Lordship and lip- Jury what cir twu:tauces occurred r.in your goin' r:zvie ? —A. He said he had m_litioned in his letter my estate. m trJer that Mr. Mana'y might not o , ..jt:et to my corning alone. lie the:: said, from the pecuniary ciiih cul!ie under which I lab.iured, my aituatinsi must he cauerioly disagreeable ; and that he would F away and live with me, if I chose to make him what he called happy ; he sail he s.tw that I wal made unhappy by my htub...d's circumstance., ao.l that hz would endeavour to procure the appointment for him which he had so often mentioned. Q. Explain what appointment you mean f—A. A place ;ii the Custom-house, which, he uid, he ro9trti for any on. he pleased. (The witnesses on both sides were here ordered to wlth.lraw.) Wit ness in continuation : I told him that sul.jeCt was entirely at rest between him and mc. Q• *hat subjea ? Jc, von mean relative• to the appointment ?—A. N•t : He knowing my sentiments en that held, and my sense ttf duty and obligation to my husband. by Lord EL, tmc.,: , .4.tmu.-114c1 ycu eernmunicaed those sentarnents before to Lim:—A. I bad. Questinn by Coansel.—What tool• place then ft—A. He behaved in a veay rude and inJecent warmer. Q. lam sorry to obliged to ask you the par ticulars I but be so good to state them in the best manner you can ? (here the Witness &scribed the Particulars, which regard to delicacy obliges us to emit). Q. Upon his attempting to do so, what did you do? —A. I told hi m if he did not desist I would tali his clerk. He attempted to do so twice. Q. What did he then do ?--A. He made use of scandalous and indecent expressions ; and upon being sent for to attend a consultation at Serjeant Itunnington's ; he refused to go till a second mes sage was brought. Q. Parti c ul ar i se his expressions.--Al. He said, a' nu make me fee: the pain of hell's flames ;" and be then threatened me with his resentment, and tirre 1 me repeatedly to see him again. Q. V hat answer did you make to him i—A. I told him it was my intention never to ice him again, and never to communicate with him. Lord Er LIN BOROUGH. She has not given any ?profit. day." Q. What time was this ?--A. On the 23d of April, 1802. Q Did any thi n [ more pass ?.--A. He would not mare the room foe so i tie time. I told him it must be ITly min if such a circumstance was known; but Le still urged sue to see him again. Q. Did nothing more pais He then left the chambers, and I went away isemediatelnafter. Cross-examined by Mr. GA ita ow. Q. You have been several years in the habit of going to Mr. Best's chambers ?—A. I have. Q. Was your husband always with you?—A. He was not always in town. Q. So when you went there the servant said he :tad orders to fetch his master word ?—A. Yes. Q. How soon did he corn, to you afterwards ? A. He Came almost immediately. Q. Pray of what length of time might your visit be !—A. About h2lf an hour. Q. On the second message, you say, he went out; whom did you see as you went out ?—A. I saw the clerk. Q. What did you say to him N—A. I bid him good morning. Q. Was this at Pump-eourt, or at King's-Bench walk ?—A. It was at king's-Bench-walk. Q. How often were you there before ?--A. I was never there before. Q Don't you know there is only a thin peitition between the clerk's office and Mr. Best's'—A. I don't know any thing about it. Q. Don't you know he was e: married man, and had several children ?—A. I knew he was married, and had children, and always supposed him a moral and thinking man. Q. How often before had he addressed you in this kind of way ?—A. Never before in dire& terms. Q. In what situation were you when the message from Serjeant Runnington's was brought in ?—A. I was seated where I was when I first went in. and he was at some distance : there are dangerous consequences, if I set any value on my life, which I do not. Q. Explain this ; your husband is out of Court ? —A. What it may he that has icjuired my health, or how it originated, I can't say. Q. Did your husband treat you badly He threatened me with violence. Q. What was Mr. Best's meaning when he said " you make me feel heli's flames?.—A. I could not comprehend the meaning of the expression. Q. How soon after did you mention this business to your husband ?--A. I did not communicate it to him for some time. Q. bid you ever write to &leant Best after that. requesting any money from him ?—A. I believe I wrote to him for the loan of loot. on my title deeds ; but I afterwards raised the money elsewhere. Q. You have had a long correspondence. I dare say a lady of your cleverness generally keeps c , ipics of her letters ; have you gut any t : —A. 1 believe I may have copies of one or two letters. Q. Did you write any other letter to him since, an./ what answer did you receive ?—A. I did. He sent a letwr addressed to my husband, inclosing a 51. Bank note, with a co: ions ins , riptiun upon it . Q. I wish we could see this inscription ; have you the note ?--A. No. It went into the Bank. Q. Was that the only letter you wrote to him aftere-ardi I am almost certain it was. Q. Did you write any letter by your husband's desire to Setjeant Best A. I did ;he never be fore put me to so painful or cruel a task. Q. Did he write the draft of the letter• he so compelled you to tyrite, or did you do it yourself ? A lal amys write my own letters. Q. Did your husband write to Mr. Best?—A. ile did ; he wrote for au explanation of his consitiet. Q. What conduill ?—A. His not having per formed his promise relative to the appointment, and my not going to him as I used to do. Q. Did yo — u kilow the cause of your husband's imprisonment?--A. I understood he wer.t to beat Seljeantßest. Q When WAS the indiament preferred against Mr. Best?—.A. Alt( Illt tht•o Sessions ago, and it was Afterwatds removed by rerfeJrari into the Court of King's Bench. Q. What Magistrate did you apply to for the in form uin<s against him I had ut.t the most distant intention of applying is any Magistrate, but my husband's imh isonment brought Ira tern to light which should ever have been conceaied ; he remained in custody among felons far three months, without a hod to lie on. I was desired by him to 6x a star: nent to Mr. Alley's brief at the sessions. Q. Did you or your husband authorise any per. son to wait on Serje.nit Best, to obtain money on this account Never. Q. Did you know one Kelly ?--A. I knew Kelly a little; he was an old acquaintance of my hus band's, not of mine. He used to dine with my hus band sometimes. I sent him once with a letter to Serjeant Best, in June. 1no2; and told him, if he WAS my friend, he would enter into conversation on the sullies% and speak all that was right and proper ; and to deliver the letter personally. Q. Did he deliver the letter according to your instruainas ?--.A. No; he declined it. Q. Who struck out his name in the letter It WAS struck out. Q. Those letters were written with your approba tion f—A. Every letter was written against my in chr.at inn. Q. When did your husband begin to reproach you. and use you with violence?—A. His re proaches were before Juoe. Q. Were you desired to make any statement of this matter?---A. I was desired to put down what my conscience diElated, and to swear it before the Clergyman of the parish. as early as July. Q Did you afterwards apply to Mr. Best for money ?--A. Having obtained relief from a friend. I was saved the necessity of doing so. O. Did you ever communicate this matter to your husband He was fully apprised of it as early as August. I was so ill I could not go to him. but I dropped a letter for him in the post, apprising him of all the Defendant's conduit. Q. Did you ever apply to any person to interfere in t is transaBion ?--A. I applied to Mr. Erskine. Q. I hope he was not alone with you ?-.-A. lie genet oust , ' offered to interfere; and by his interpo- sition, as . 1 could not obtain bail, my husband was enlarged. Q. Did you ever publish a narrative of those transaaions ?—A. I attempted to do so, but the press was closed against me. 0. Did you cause An advertisement to be inserted in the newspapers ?—A. I did. _ Q. Who - cut out the advertisement, and seat it to Mrs. Best ?—A. Not me. 0. Did you not know it v-iis d 0!,.. 2—A. f L. I)on't xor, know wbo did it. . , Mr. Feacrusson ohjefted in 11th question: Lord Extibisio4ounis--74! There is a. link t.; chain—As this now st.inds,. it dpipe.vs a conspiracy to extort money from Mr. Best. 1 think it would be evidence if she aged with others in the coo spir4cy ; but she is not bound to say any thing that would tend to criminate herself." IVitness--" I have no objellion to answer ; I did frame the advertii•ement fur the pap; r ; I have the draft of it here, and knew it was sent; I have no objeftion to go into it." The letter was then shewn to her, which she ac knowledged to be her husband's : she was then shewo two more, which she also acknowledged to be his. Q. How often were you at Setkant Best's cham bersi—A. Very frequently; I can't say how often. Q. Were you there thirty, or forty, or fifty, or were you there 500 times ?—A. I can't say how often. . Q. I must have an answer ; say even four or five times t--A. I dare say, I was very many time s , thirty or forty, or much more in the course of ten years. Q. Had you ever a female friend went along with you ?—A. I don't recoiled that ever 1 had : I went alone in general. Q. What times did you generally gn ? —A. Morning or evening, as it s uit e d t h e S er j eant. Q. Were your conferences, in general, long or short?—A. Some conversations were of great length. Q. When did be begin. to take those liberties you speak of ?—A. A very little time before April he de monstrated to mehis wishes. Q. What did you takeoff:nee at?—A. I did not think it was right for him to leave his chambers. and walk out with me, a very considerable distance, through tne streets of London. I thought it indecent. Q. You thought it indecent ?—A. I thought it not indecent, but improper. Q. It was alarming ?—A. Not alarming. Q. What happened after this, did you ever write to him ?—A. He was going circuit on a Wednes day, and wrote to me, that as be would be at his chambers on the following Saturday, to send some body, and he would come. I could not think of coon:1g out in the evening, I thought the thing im proper, and therefore wrote him a line while upon circuit. Q. Do you Mr write without your husband's knowledge? Did he know this ?—A. I certainly wrote without his knowledge; he did not know this. I wrote to Mr. Best that no uneasines might occur. Mr. Best charged me publickly with having been wicked, or I never should have seen such a day as this. Q. Explain yourself.—A. Ile said, at the office, in Bow -street, when my husband was about to be committed, that I was a woman of loose habits : it added much to my grievance, when I found such an accusation against me. Lord Et Lissom:soon. You knew he meant something improper by the meeting when you wrote him a line; had you any doubt it was an overture towards a criminal intercourse ?—A. I had com municated my sentiments on that subjea to him. Lord E. Could you have any d.nibt he would renew those overtures?--A. I never thought he could. Lord E. Had you any doubt he meant a criminal intercourse I certainly had. Lord E. Had you any doubt when you expressed your sentiments to him He knew my senti ments on every thing. Lord E. When he wrote about your aunt's estate. had you any dnuht ni his intentions ?-- 4. I should hot have oone if I had. I wished to withdraw when I found his intentions; I arose to go away. Lord E. \V.re you afraid to call out when he took those liberties with you?—.A. I did not wish the clerk should know, which he must have done if I had called wit. Lord E. So you would suffer your chastity to be violated sooner than let the clerk know. Mr. Hankey, Foreman of the Jury. How long did he stay after the message came from Serjeant Ltinnington's•-•A. He stayed a short time, Q. What time intervened between the ;first assault and the second We were a little time asunder, when indecencies followed each other; there might be some interval. He sat down, and we talkedon other subj ects ; he then made the second assau l t .— The clerk came in, and I desired him to go. Here her examination ended, during the course of which she was by no means intimidated. She appeared to be between 4') and 50 years of age, and not of a prepossessing on itenance. She was dress ed rather youthfully; n w site, with a straw bonnet. Mr. Axon. was then sworn, and Mr. FEaoussoe was about to examine him, when Mr. G !stow in sisted that Mr. ALLEY should declare every circum stance of the traosadion within his knowledge, as it WAS his wish that nothing whatever should be con cealed, and he did not intend to make any objeilions whatsoever against any part of the evidence. Mr. ALLEY then proceeded. " About the last day of last Michaelmas Term, I was applied to at the Clerkenwell Sessions, to move for Mr. Isfanafy's enlargement, as he had not been able to procure hail. The application to me came from Mrs. Mans fy, and her Attorney. My instruaions were, an af fidavit, which I thought it improper to state. I le was afterwards discharged. A number of appli. .i. tions were made by her to me, requesting I noilid apply to the Ceurt of King's Bench, for an ininr. minion against Serjeant Best. She called at my chambers repeatedly, and I told her it was useless and fruitless, for that I would not be concerted. She then wanted to know if a civil adion coal,' he brought ? I told her, as she had no proof but her own evidence, she could not recover upon that. The circumstances she told me were, that lie attempted to commit a rape upon her ; that he offered her vi olence, and hurt her breast. This she repeatedly mentioned to me. I thought, for the honour of the Bar, and the respell which I had for the profession, that it would be most adviscable to have the matter referred to some Gentleman of respedability, and mentioned Mr. Erskine, as I was satisfied justice would be done to all parties; and, if the charge was a true one, ample reparation would be made. I said, I was satisfied Smarm Best was a Gentle man, and a man of honour, and would willingly make an ample apology, but, most particularly, in . . • a ease wLere le elide WAS li..;t:rxt. The hit. band seas with me twice bcibre I could speak to Mr. Best on the subjed. I then went to Lim ; he declined I relcrcuce is MA); sod said, it x.as an inf,imous at tempt of the party to extort money Truro him ; and, let them proceed how they would, he would come into no terms whatever. I told him, I WAS eta tremely sorry to. hear a ctime of that sort imputed to him ; that the world was censorious ; and she was a woman of scaextraordinary t.tlent, that even the abilities of Mr. Darrow himself could not shake her evidence; he expressed himself rartch obliged to me, and again repeated, that, so far from taking the indecent liberties which she had mention-. ed, he had not used any kind of familiarity with • her ; and persisted in declaring he would vindicate his innocence. On my return, I related what hill passed ; they seemed extremely disappointed ; the husband was very passionate ; declared his wife had been cruelly treated ; was determined on a pub lic exposition of the fit% ; and would not rest, till Ise had the goal] stripped off the Serjeant's They again pressed me to apply to the Court, but I positively refus..d." Mr. (aaaow. Is there the least foundation far the assertion, th it. Mr. Brat offered to Apologise A. Most unqu:s iJnably he never did say he would make an apology. Q. Did you ever say to any one, that he would makc an apology ?—A. I never di,L ' Lord El. LEN 89110141 H. He never offered to leave it to a reference?—A. He never did. Lori E. Had you any commtc.icatioh with them afterwlirtis, oa the subjeit ?—A. When I found them determined to prosecute an indiament, I would have nothing more to do with them. Question by a Juror. Were you authorised to mention any sum of money, in c Serie-I:it Best agreed to A compromise ?—A. I never was au thorised. Mr. Gait af,w was proceeding to state the ease of the Defendant. Mr. liankey, the Foreman of the Jury, declared, he might be prevented the trouble, as the Jury were all fully satisfied, and determined to acquit the Defendant, in ttLe most honourable • manner. "My principal nsotive," says Mr. Hankey, " for interrupting the Court now, is, because we think it t::e most honourable way to acquit him, on the evidence against him." Mr. Guseow said, from the circumstances in evidence, and the share which his Noble and Learned lqi.nid (Mr. E• skin!) had taken in the business, the duty of Jefe ;ding his client and frieffd fell upon • him. A m ire horrible and dreadful attempt to ruin and destroy a worthy and highly respected cha.aCter. never was made • and a more s. ill:glory and ho nourable acquittal never WAN pro ounced. Lord Ef.t.t.m so It oliG . Gen:l men, you appear perfetTy satisfied upon this motet., so that I shall not trouble you with any observa:f. ns upo I it. When the Jury was asked, bid they agreed to their Verdi:l? The Foreman, vri hmu a mo• sot's we find him—Na CuiYe, rert.O.,4 We have never witneoed a tr al, upon such a charge, in which the feehnp of t; e vire:tato-% wer" more deeply interested, than in th. foregoing 1 Gentlimen of the llar, by whom Mr. Best i, t• - versal!y estcemrd, we.e generally al:fate-4 cvco The House of Commons will adjourn on Tnestlay. or W . •JnesJay next, until the (Hie:tent Hills annq have gone through t! . .e Li.use of LorJ, and the proroation is expeCR.•J to take place on Is iclay or Saturday sennight, at farthest. The .Middlesex EleEtion commences on M mday se'nnight, the V.id instant, At Bre ttford. It is rumoured that Sir FItANCIS 13.;ani:rr w hive mire than one cpp ment, ut:iess the mutual friends ,;f* the candidates shall succedd iu preventing a division of interest. A final answer is to be give I this day ; and the result will be imaiedi.‘iely known, is every thing is prepared fur .t must Adive canvass. A letter from Paris, of the 44th, states, that in air of mystery seems to pervade every public un dertaking in that city. Yesterday a shocking accident happened to a poor industrious washerwoman in Marke:-street, St. James's Market. In attempting to hang si.nir linen to tliy upon a line, that projecied from dat two pair of stairs window, by ovet-reaching herself, she fell into the ',feet, and fiadureil her skull in dreadful manner. She was taken up with but li , t4 appearance of life, and carried to toe Nlic Hospital. The unfortunate woman was lately left a widow, with three small children. Late on Monday night, ur early on Tuesday morning, an American ship, outward bound, lying off Irougate, near the Tower, had her hatches bi open ; when two trunks were oaken out of the hidd, the contents ta►en away, and the empty trunks hove overboard, which were found flaiting the tide. There is no account yet of the river pirates who committed this offence. Tueiday morni.;g two young men belonging to the Paper Manufaetory of Mr. HA t.t., in the City road, fell out of a high window into the court. yard, and were shockingly bruised ; they were im mediately taLa to the hospital, but with little hopes of recovery. On Tuesday evening last, as a person of the name of BilIDOk:It, was fishing in a creek leading to 1-..0 of the flood-gates of the New Docks, Wappat i „, the gate was opened, when the torrent swept low away. His body was tound a few hours after. Batoots lived in Paradise Walk, Chelsea ; was an industrious matt, and has left a wife and titres chil dren to lament his loss. Mr. W•tcact, of Ludgate-hill, wa.: knockeJ down, late on Friday night, at Fairlop Fair, and robbed of his pocket-book, containing tourtelot pounds in notes : a man has since been taken up ua suspicion of the felony. On Friday se'nnight two fine tor, each about twelve years of age, went to batne in the r;v , r adjoining Crenshaw Mill-dam, near Belfast. Unf •r -tunately, they went iu near to A dlep pool, into wni, Is they were both precipita ed, and where they !: 0.12 perished, no person being near to use then. Some time after, their clothes were observed 1) ing by the bank of the river, which circumstance excited suspicion, and search being made, the two were found at the bon, ,m of the pool, lo red u e h otlo.r. arms. On Saturday evening they w eseA buried in one grave.