The British Press; or, Morning Literary Advertiser. — London, England, 1809-12-09 00:00:00

1.411 1 INTELLIGENT E. C3PItT OF LING'S BENCH, wtsystinstea, Dze. 9. Sittings at Nisi Prins, before Lord ELLEMBO- RovoH, and a Special Jury. CRIM. CON. W. D. TAUNTON V. HENRY WYRORNE, Esq. Mr. Daatinert stated, this was an action brought against the Defendant, to recover damages for his having held w criminal conversation with the Plain tiff's wife. Mr. ATTORN RINGER ERA, /. followed on the UMe side, and stated, that the Plaintiff was a Solicitor of that Conti, residing in Essex -street, Strand ; the Defendant belonged to the same profession as himself, he was a Barr.ster of that Court, and else was an inhabitant of the same street. The Plaintiff sires married, ou the 14th of July, to Miss Ilenrietta Atkinson, whose father had an em iployment at the Mint, in the Tower. He largely -xpatrated on the respectability of Mr. Atkinson, sgis I on. the religious and virtuous manner in which he leash brought tip hisdaughter. lie also entered into the character of the Plaintiff, from the time he en tered into his clerkship, and showed, that it was truly respectable ; 11.1111 that since he had become a husband, he was a Italy affectionate one, which was returned with equ a l - affection by Mrs. Taun ton, until she became acquainted with the Defend ant, who was a married man. He then explained the different kind of adulteries, and contended, this was one of the worst cases that had ever come to his knowledge, and he was , convinced, that the Jury most he of the same opinion, when they heard this evidence. The parties were friends—the Plain tiff, an attorney, assisting the Defendant, a young barrister, ky giving him briefs, an intimacy took place between their families, which the Defendant courted—their wives were seldom separated. The Attornev-General, in a meat eloquent speech, full of 'mint and argument, but to which, from the length of the trial, we are obliged not to do that justice which its merits would incline us to do. expatiated on the circumstances of the case.— lie concluded by saying, that the damages were laid in the indictment at 10,0001. ; and he was cer tain. when the Jury were in possession of the foes, they would conceive it quite too little ; he would not have mentioned the subject of damages, only he expected he would not have an opportunity of addressing them again ; as he trusted, for the ho nour of the profession, that witnesses would not be examined on the past of the Defendant. He was sensible if it was left to the discretion of his Learn ed Friend. Mr. Park, he would make a speech with eli that eloquence which he so eminently possessed, on the subject of damages, and leave it to the Jury. He then proceeded to examine his wit. AMMO. Mr. Smith proved the copy of the register of the marriage, which took place at the Tower Chapel, on the Milo of July, 1803. The Rev. Neville Stowe proved, that he per formed the marriage ceremony, and that he also christened Mrs. Taunton. lie was acquainted with her father and family ; and he knew that Mr. Atkinson brought up and educated his daughters in the moat virtuous and religious manner ; he was a moat attentive father. Mr. PARK stated an objection, that it was not proved that the Awe{ was licenited to celebrate the ceremony of marriage. according to the Act of Parliament. Mr. Arroarrev-Guween said, he would ob viate this objection, by sending for the register book, and the clergyman of the chapel. who wuuld be in Court before the caw-se was decided. Lord Eaamenountrau observed, that he thought the Plaintiff was entitled to that indulgence; he did not think it a sufficient cause to stop the trial. although he might !save saved the point. Elena Taunton, Esq. Barrister, deposed, he was a relation of the Plaintiff-e-a third cousin. On the Plaintiff's coining to London, he introduced him self to the \Witness, as his relation, and an inh macy had continued between them ever since. fie was longer acquainted with Mr. Atkinson and faintly. than with the Plaintiff; he knew Mrs. Taunton, from infancy ; had always considered her a most virtuous woman; he knew she was brau4lit up in the paths of virtue; and, if lie wile not • son himself, he would say Mr. At kinson was the best, kindest, and most affectionate father in the King's dominions. He had been in habit's of intimacy with the Plaintiff and his wife, since their marriage. The Plaintiff was a man of the most domestic mind ; was addicted tono vices ; an indulgent and affectionate husband, and fixed his wide on his wife and children; and he believed he was perfectly justified in resting his happitiess on them, until the occasion that produced the pre aent action. On the witness's retort) from the Spring Circuit. in 1808, he found that a very close intimacy had taken place hetwen the Plain tiff and Defendant's families. It nppeared to be greater between the Ladies than the Gentlemen. He never perceived any attention from the Defend ant to Mr.. Taunton. He never perceived any im propriety in her conduct ; but he never saw tge Defendant in Mr'. Taunton's company, except in the presence of Mrs. Wyborne. Walter Preleux deposed. he knew the Plaintiff )7 years. since be was articled to his father, an At torney. at Dartmouth. The Plaintiff was about 33 years of age ; had been in habits of intiinacy rrer since the conclusion of his clerkship; lie 'wits of a most amiable disposition ; he had been on a visit to the Plaintiff** house, and he never saw a more affectionate couple. than the Plaintiff and his wife were. ThisGeutleuma belonged to the society of Friends. John Lewis Owel, F.sq. corroborated the testi mony of the two last witnesses, and stated, that h t WAY godfather to Mrs. Taunton's last child. Afary 11111, No. 20, Old Boswell-court. deposed, tit it her mother rented the front parlour from the Iluitllortf, Mr: Stewart; that the Defendant, oti the ltd of Al.irch last, came to the house, and asked was OWN tint an apartment to let ? she opened the dour and called tire laiollAy, Mrs. Stewart, who went up stairs with him, and she understood he rented the mom, at 131. a-year, by the name of Jones ; on the Monday following he came again, at two o'clock, leaving a lady at is distance; he went into' Mrs. Stewart's room, still returned to the door, and said, came in my dear; they went op Tr'..,l to the room, two stories high ; they stopped about two hours; there was not any furniture in the room; the lady was Mrs. Taunton; saw them several times since, and had no doubt bnt it was the De fendant and Mrs. Taunton. On the llth of April, the Plaintiff sent come furniture in ; a sofa, six chairs, a Pembroke table, and a carpet; about five weeks after they first value, they made their appearance ; they went tip stairs without knocking, the front thew generally stood o p en . — It was about two o'clock ; they staid about an honr ,and a half, after which they generally came twice a-week, and sometimes three fintes, until the latter end of May. Letters nscml to come for the Defendant, directed to Mr. Jones. The first time she came, she had on a scarlet-cloth cloak, and a cottage bonnet, trimmed with two rows of white satin ribbon. She met Mrs. Taunton in Carey street ; she knew it was the sante person who had been at the Defendant's room; and in a quarter of an hour, she anol the Defendant made their appearance; they went into the room and stopped two hours. She knew them to be there more than 12 times. She once perceived from the court, that a bile they were in the room, they had the shutters closed. On the 9th of July, the Defendant called, and asked her was Mrs. Stewart ■t home? She an. swered, yes. He desired her to call her, which she did ; he afterwards said he would be glad to have au opportunity of speaking to her in a few minutes. Mrs. Stewart brought the De fendant, in a short time, into the witness's mo ther's room; he asked what they had been say. nag to Mr. Dyer ? they told him they had ant seen him. He said, be would be glad to know what we had seen, what we knew, and whether we knew who the lady was ? The witness's mother said yes, for she had seen het• go into No. el. Essex-street.— He asked, could she swear to her person ? and she answered yes. He said he had twom A ht four or five Ladies there ; she replied that site had never seen but one. He said lie could bring four or five for them to look at, who had been there, and there were more than two alike; ■nd he could brin.; more t h an two in scarlet cmaks ; and asked if he brought the ladies, would they see them ? they answered yea. He said he would bring two ladies next day. which was Monday; he accord ingly caine with a woman, amid asked the witness and her mother to go into Mrs. Stewart's room to see her ; the witness's mother refused; but said, if he brought her in. they would look at her; he brought her in, and ►he was not the least like Mrs. Taunton ; she was not so tall, and had coarse fea tures ; Mrs. Taunton was a neat-made handsome woman, with small features, rather of a dark com plexion ; she was dressed differently ; she had a co. loured gown and shawl on, was dressed liken servant, when Nit's. Taunton was always dressed like a lady, and had the air of one. It was impossible to mis take the one for the other. Ti►e woman insisted she was the perAatt, and that the witness said, one day, as she passed, ff there she goes." The wit- . twos denied having ever made use of such an ex pression. The wanes! afterwards saw Mrs. Taun ton, in Essex -street, on the 25th of -July, and she was certain she was the tame person who had always accompanied the Defendant to the room ; and if' the window-shutters had not been closed, Mrs. Allwright, who occupied the next room to the Defendant, could have seen what was carrying on from her window. She then en tered into a long detail, merely to phew that the Defendant was sensinle that the improper con nexion load been discovered, and he evaded it by say ing, that he took the room to give advice to ladies, as a barrister ; that he could nut see theist at home ; and that Mrs. Taunton was one of those. She had been very ill used by the Plaintiff, who had her sister in keeping, and she wished to be separated. She **across-examined by Mr. PARK, but nothing new arose from it. Dorothea Hill and James Hill. the mother and brother, corroborated the evidence of the last wit ness; and deginsed, that they had not the least doubt but Mrs. Taunton was the lady who was in com pany with the Defendant fur hours in this room. Sarah Allwright gave evidence to the same effect, and put it beyond doubt as to the Defendant and Mrs. Taunton being the persons who visited the room ; she added, that the Defendant applied to her, and said, that the Plaintiff had used his wife very ill; that she came to him, the Defend ant, fur his advice, as she wished to he separated from her husband ; that during the different times she had been with the Defendant, she was constant ly in tears ; and she would have parted from him, only for the persuasions of the Defendant. lie hoped she, the witness, would not say any thing to criminate him, as Mrs. Taunton's family, and his, Defendant's, knew that she came there to consult him. That the Plaintiff had a child by another woman, and that he forced Mrs. Taunton to keep her company. That he had used her so ill that the servants had heard her cry aloud, and her pride would not allow her to tell them what was the mat ter. That Mrs. W'yborne knew of the unhappy situation of Mrs. Taunton, and pitied her from her heart ; lie begged that she would not say any thing against him, as it would ruin him for ever. Mr. Dyer, No. 10, Newcastle-court, cold-mer chant, deposed, that he was requested by a respectable gentleman to make inquiries about this affair ; that he accordingly called on Mrs. Stewart, who told him the I)omi:int was the person who occupied the apartment, by the name of Jones ; and that Mrs. Tutinton was the lady who accompanied his; that when the Defendant first took the apartment, he stated that he was courting a young lady, who was not of age ; that both her friends and his were against the maeriar; and that they could not meet at the house df their respective families; on which account he wanted ■ place to meet her in • that their meetings were so private, and carried on with such mystery. that her lodgers became suspicious, and traced Sirs. Taunton to her house, No. 21, Essex-street. On the day after he had this conversation with Mrs. Stewart, the Defendant called on him, appeared perfectly ignorant of the transaction, but prevaricated so much, ns left the witness no doubt of his guilt ; lie acknowledged, after some altercation, that him name was IVyhorne, hut the reason of his taking the apartment in the name of Junes was, that the young Lady was of that wants whom he intended to marry ; he dad not ac knowledge that he war a married man, or that he had a family. There was no other evidence of consequence to 0 snppart the Plaintiff's case, except that the Rev. Tho.nas Chambers, chaplain of the Royal Chapel of the Tower, proved that the Chapel came under the. Act of Parliament es a licensed Chapel to marry in. This closed the Plaintiff's case. Mr. Pam:, Counsel fir the Defendant, in a roost able speech, conteaded, that if he made out a defence, accordmg to his instructions. the Defend ant *mild be entitled to a verdict. lie denied all knowledge of the Defendant, except seeing him at the Bar, as a barrister ; although he had been 25 years a barrister, he never had a case which he found more difficulty in defending. Re had received im plicit directions to call witnesses, which, if his in structions were correct, would give a new colour to thiscase. At the •ame time, he did not consider him self accountable for what their evidence would be, as he had wirer seen one of them, or examined them, but lie was acting, as his Lordship well knew, con iforinably to the practice of that Court. lie paid a handsome compliment to the profession, and said, it was rare indeed to tied a 11111:1 amongst them that was net a moral man ; but if a black sheep had crept in amongst them, he ought not to be sent no the world, as an outcast, without being heard. Ile then proceeded to call his witnesses. Anne Bell deposed, that she was nurse at Mr. Taunton's ; went there first, in Mots ; had been in the habit of attending her ; after being there about a month, observed, that words had taken place be tween her master and mistress. All the servants were discharged at Yin time, on taking their mis tress back again ; the reason stated, was, lest they should upbraid her with her misconduct. In suni.l time after, Mrs. Tanatnn went to a ball in limns gate, where she met Lieutenant Read, with whom she remained till two o'clock in the morning ; he accompanied her home, and remained with her for two hours and a half. Witness, and other rev/ante, were in bed, and Mrs. Taunton, herself, let the officer out. There was a second hall after wards, at which she attended on the Friday, and returned on the Saturday. She stated thst her master had called her into the hed-chem ber one morning, when she raw Mrs. Breeze a ith him and his wile ; he had told the witness, on subsequent occasion, that his wife was jealous, and had taken mat offence at his stretching over his hand to her sister, and jumped out of bed on that account. On her cross-examination by Mr. ATTORNEY- GstintAL, she said, that she had Jived in the fa mily about twelve mouths ; that she was employed as wet-aurse, hut was not married, though capable of performing the duties of that situation ; had never heard any particular with ravect to the Defendant, until the last two or three months ; Mrs. Tanntoptial asked her to take a letter to De• fondant, winch she refused. Sne had heard that Mr. Taunton had forbidden the Defendant his house, and that the Defendant hid forbidden Mr. T. his; she used to walk with her mistress in the Temple-Gardens; hid never said to the servants that her master was a cuckold, or that her mistress had taken stuff to prevent a young Wybarne from appearing. Her mistress had left her in one of their walks to the Temple-Gardens, and on het return did appear servnewhat confused; this however she attributed to her having so lately seen her children. She never said to her fellow servants that her pelisse was rumpled ; never said that if she was called into Court, all the devils in hell would not make her tell truth ; never regretted that so sweet a lady as her mistress was married; Defend ant bad sent for hei to the country ; be wrote a letter also ; she came to tows to the George and 4iiite Boar, Holborn; saw klefendaitt the day of her arrival, and his attorney afterwards ; swore two affi davits in a place in Chancery-lane ; the Defendant drew up the affidvit at Stamford. in Lincolnshire; lived at Defendant's 'loose some time ; about a week ; had the care of one of the children; lived with the servants, took care of the house, but drank tea with her master end mistress twice in the drawing-mots ; heard of the apartment in Boa . well-court ; heard front Defendant that Mrs. Taunton had been there, but was not inform ed whether with a good or bad purpose. She produced a letter from Mr. Taunton to her, the purport of which was, to inform her that her evi dence would he necessary, in consequence of Mr. Taunton's conduct ; and that he hoped she would speak the truth, which was all he wanted. Sophia Cox was then called. She stated that she was servant to the Plaintiff; she hail been with the family at Broad-stairs ; had seen Lieutenant Read in company with her mistress, after a ball ; he staid in the house ebout two hours. None of the servants were dismissed at any time, but Anne Bell and the cook. Recollected Mrs. Breeze sleep ing in the room with her master and mistress ; the reason was, they had gone to the Opera, and returned too late for Mrs. Breeze to go that night to the Tower, which was shut at II o'clock. Witness had made up the night-chair for her, by the order of her mistress ; saw Mrs. Breeze take off her outward dress, and put on a flannel night gown, and go into the night-chair : went in the morning into the bed-chamber, and saw her mis tress and Mrs. Breeze in bed; did not think that any other person was in the room before he, for no other person had a right; was certain that the bed of Anne Bell was not prepared for Mrs. Breeze. On her cross-examination by Mr.Gartsow, she said that on secret was made of Mrs. Breezes sleeping in the room. Did not think that Anne Bell had gone into the room in the morning, as no one but witness had that liberty ; knew that Mrs. Breeze slept for an hour and a half a ith her mistress, after her mas ter rose. Knew that Mrs. Breeze was a most pru dent woman. Mrs. Taunton hod three children, was extremely attentive to her husband, and to them, until her last child, after which there was • manifest alteration. Mrs. Bell had told her, that her mistiess sets taking stuff, but did not state any conjecture, with respect to the nature or intentioa of it. She also told her, that as her mistress we f going, attended by her, to Mrs. Yates's, one night. her mistress separated from her ; on her return she appeared- very red and confused. That, another night, wiser, they went to the Temple-Gardens, she left her, and returned with her Waste tumbled, and also stated, that if ever she was called in Court, she would be d--. 1 before she would tell the truth. Timothy Gates W 4.4 in the service of Mr. Taunton since the year Mr; had never left the service ; was at Ihuad-stairsia the year 160$; knew that his mil. tress had ii•nne to Ramsgate Ball; he accompanied her; she :pt at a friend's house thnt night; he lied cars., ; her dress; be attended her; the next day, went with her to the library for music ; he went bell, eh. ;on her return, she was accompanied hy an offics. , saw hi:4 afterwards with the officer at Essex-street ; he wilTnot introduced to his master. On his cross examination by the ATTOR UT-G metal, I„ he said, he had heard Mrs. Bell say, that his master was a cuckold; that she would he d—.l, if ever she was called into a court of justice, if she would speak a word of truth ; that at the time of this expression, there was much confusion on ac count of Mrs. Tannton'o affairs. Daniel Daly said, that lie was an acting Lieute nant in the Navy ; was a friend of Mr. Taunton ; had been No for about two years. Mrs. Tainitoil had asked him to go to the play one night, hut never • had asked him to go to a brothel, or to any other place but the play. The cnse tieing closed for the Defendant, The At v-tie e ERAL said, that his Learned Friend hail tilled vp the measure of his ditty in calling the witnesses which the Defendant bad desired. If those witnesses had not been examined, • he was sure that Mr. Wyborne would have cont. plaintd of injustice ; but how great would be tl.. injustice of which he (the Attoroey-General) t.oald have to complain, if that evidence had been sup pressed ? His Learned Friend had complained of expressions used by him in the opening of the case, in which lie had said the facts did not bear hits to:t ; hut now that he had an opportithity of seeing how tar he was supported may I lets, after the fullest ca a Mitt:int/11, lie did 11 , ,1 lit3itate to say, that he was contirmM in his former opiaioti, and not only con firmed, but led to a etronger (Sakti!, and a mine shame ful and dishonourable constructinn of the ''De fendant's conduct. He hail stated airrady, that the case of a yeas who had made use of pre• fences of friendship to commit ar heinous an of fence; was visited by the Jury in general with exemplary damages. lie had also stated, that die attempt to pick up a derenee from hasty vi orris, u:)0,1 Wire:ti a rntileroleit construction was evidently forced, was also punished with stye. my; belt whvi tcstinion: was brought forward, that was, of all other, tin: greatest ag gravation that could happen: •in all dine cases, he was sure that they woo:d see the necessity and the propriety of givitig aropledarnsges ; bait as they had newer probably heard a case of sucn profligacy as the present, they would see that he was not more severe in his opening, nor so revere, as, if he was in posse,- shin of all the circmn.tances, he would feel himself inclined and justified to be. The defence set up was, that Mrs. Taunton was a most abandoned woman ; but the evidence had gone entirely to contradict such an opinion, until the last child, after which period she had been constantly with the Wybornes. An attempt was made to prove some irregularities with Mr. Reed. at Broad-stairs, which was entirely unsuccessful, and which was only supported by Mrs. Bell, whom he had ntbpornad to commit per jury; he regretted that a gentleman of the profes sion could have adopted such a line of conduct ; that he, who must have known so well, what the duty of a Defendant was, ishonth himself draw out the form of an affidavit, to be sworn by Mrs. Bell, who hail been contradicted, in every point she had stated, by the witnesses. It had been also charged against the Plaintiff, that he had attempted to de bauch the Donut of his own wife ; that he had at tempted to debauch, also, the mind of his wife's sister ; and by such mesas to represent him as a character, not entitled to a verdict from an honest Jury. lie (the Attornev-(;eneral) would allow, that such a character could not demand a verdict, but he would leave it to themselves to judge, what that character must be, which could impute charges, for the purpose of escaping, or mitigating the extent of the damages. He thanked Mr. Wy borne for not obliging him to bring forward Mrs. Breeze into Court, to defend herself against a charge of such a nature ; as he had brought an evi dence of his own, who served exactly the same pur pose. The case was now with the Jury, and it was for them todetermine,whether such abominable vices should pass into private life, with impunity ? He hoped they would not determine so, bet that they would give damages, as far as it was possible ; greater he would wish them to lie, but they wonid only extend to 10,0001., as it was at that amount they were laid. Ile had not only to answer for the injury laid in the indictment, but that which he had brought against the character of the Defendant in his defence. ^ Lord EL I. ENBOROU GA said, that it would not be necessary for him to trespass long upon their atten tion. The first question was, whether any criminal intercourse had taken place ? To this point it hod been shewn, that the Defendant had taken lodging,s in Old Buswell.court, where he frequently met Mrs. Taunton two and three times a week; the act of criminality was seldom proved; and certainly, taking lodgings in • false name, and on a foolish story, such a. his, was a strong circumstance. The whole texture of the story went to prove, how mesa a measure he had of other people's understanding., and how great • one of his own. With respect to the evidence adduced in mitigation, he said, that, upon a review of the circumstances of the case, he was almost inclined to think that the crime of adul tery was loct in the crimes of perpary and defamation. by which it was attempted to be overthrown. What damuges he ought to pay was for them to deter mine. The Jury retired for some time, and returned with • verdict for the Plaintiff, of reset nousaND POU N DS. OLD BAIL& Y—Dre. e. , Mary Weeks was indicted for stealing from the dwelling-house of Philip Stopford, Esq. in Baker. street, three silver table-.poops, the property of the said Philip Stopford, Esq. It appeared by the testimony of Mr. Stopford, that the Prisoner had been a servant to him, and he always looked upon her conduct as irreproach able; having had son further .'cession for her aer. vices, lie dismissed her on the .25th of October last. About six weeks before, his house had been broken into, and, four days after her diainissal, a boy, who had been her fellow-servaut, missed the spoons. Mr. Perryman, pas•u•hreker, said, that the Fri. goner, on the 10th of Noreenln.r, entered his shop. and offered three table-spoons for sale. Upon his closely questioning her s she appeared much coo ' e t r c t