The Sun. — London, England, 1802-01-12 00:00:00

I - 1Z I 11.8111 ACC. Drury- Lane - . Tx F. historical dratna of Henry the Fourth was revived at this Theatre last night, and attended by so numeroti an audience that the House was nearly filled in all parts. . The character of Hotspur was always one of those in which Ks.mßLE's talents appeared to great ad vantage. It might indeed be supposed, that it re quired a persevering fire and energy to which his physical powers were inadequate, but he managed those powers so judiCiously, that his vigour conti nued with due effed till 'the conclusion of his per 'formance. The first speech, in vindication of him-, self for denying his prisoners to the King, was de livered with a tine mixture of indignant pride and Sarcastic huinour ; and in those passages which.de inanded an impetuous sort of spleen, he was uncom tnonlv successful. He also touched with ex. pleasantry the little scene with Lady Percy, and throughout excited great applause. . The novelty of the evening was PALM! R in Falstaf, a charader of high difficulty, but which he undertook with such strong indications of modest apprehension, as to disarm the brow of criticism. The truth is, that though his performance fell much short of what the part demands, it was on the whole sustained with as strong eflea and full as mu c h merit as any representation of it that we have seen since the days of HENDERSON. As PALMER, as. sumed the part with such a diffident terror, it is yea. sonable to suppose, that he performed it without a sufficient degree of self:possession. be T sOaid speak p art i cularly on his performance, it may , that it was too much in the traditional mode of representing the part, 'and hence we ad v i se PALME R to study the text, rather than the manner of his predecessors. He did not want humour, but his humour was too loud and indiscriminate. There Vas not a full expression of the archness and shrewd sense which mark the charaaer of the facetious, sar castic, and intelligent Knight. However, as his powers most probably were too much influenced by a sense of the difficulty of the undertaking, we have no doubt that if he gives his own understanding fair play, he will render the part . one of the best efforts of the modern Stage. CHARLES ItEMBLE'S outline of the Pr;yree of Wales was very corrth ; but his colouring was somewhat too faint and languid. `l.lle Character of K; ng Henry WROVOHTON oppprted with firinness, feeling, awd dignity. • _The tlay ryas. so well:attended, and so well re eiVrci, that Kemp LE came forward and announced it again for this evening, instead of The Pirates. Ile also informed the Audience, that, on account of the indisposition of Mrs. Pope, she and her hus band tt . ere tot. t o a day n ext ppear on Thur s d a y, b ut on Mon on Mon- J in Romeo and juliet. • --...., . . ! , The Salisbury Theatre was advertised to open last nigh t w i th The Strangpr and Bopronl the elm- Wier ,of L•zdy, Alinikin by Mrs. E3TEN. Mrs. BILL iNoToN's readiness co comply with the wishes of the Publk; Opoh every: occasion, is a Sufficient security. .against her subjeding them to 4rl Y.,unavH,lable- t li sappo i ntment ; and the manner in llicli her non-appearance on Saturday evening was reteived, shews that the Public are satisfied with her zeal in their service, as welt as enrap. tured w i t h her success: The Music which belonged to the ProfessiOnal lc onceyt hits been recently di , aided, by lot, aniong the iurviring Members. Th e C oncert was so a inirable, that h d- is s ; and Is to b e regretted ,i t no longer ex- Ptrfor that the m us i c should be dispersed among mers, w it so exquisite who r en d ered w e ere ;n zin;so n , when they Polly . Fl i es , A cial Towanss" ls flying through all the . Proyin. in England, and the Managers of the , Theatres find their accoNn t in it. There m: , ty be said to be the terrors of liank iiptq hanging over. the Alusicat World, When such great dealePsi n'inelody as BANT/, ViNCI, and Bit- LINOTON, have had their noses stoned; V EsTkis aid AIONDEN 'have to death b y telort ;- but we hope -to. se both been- pu e both t i the same time affording delight to the British' Metro polis. Th % • e Poet s o f t h e day are • a ' k ith Epitaph s upon M musing t h ems el ves uNDEN. Th at G entleman ' s -evirtia/ will be the "death of the l a b ours of those Witli ngs. FlAYnx is said to have gained his eledion to the rational Institute, by . personal intrigue at Paris. This is most probably the ease s and the Members °F that Body probably eleacd him to prove' thzt t hey have an ear foe music.. , N MI '. Fox, it is said, has been rejeaed by the iNi i tinntil Institute ! we apprehend that, bye-and-hye,' .• f t , r „,* l? ,°x will Meet with a More serious rejeaion -.4,,'".unt.Eoleetors of Westmingteri 1 ) ''"::;r•STock and a Mr. STONE were two of the _eneaCtOrs t e" Green' (with Ihipital. Thus we see, V at itl th is land of Liberality, even storks and 4toles Vat capable of aas of the most princely bene volence, i TheLOttO MAYOR'S ad of justice, .in fining l ' imse l five shih'i n r spews ihat-he is worthy of a Civic Ceosun g ' The I 'dies of since Dubli n are a ll upon the icer, C anvas. Mr. Ogle arrived there on his Parliamentary For the honour of the Church we are tll:4, in a - certa n in case of 0-i glad to he a r mivaigallantrj, - the the zst i chief offender is ot, as r e p ort ed , a Clergy:7hp. . - tot ighbri Ot) nst. died, at Aldtiviough, near 80.. dge, aged 25 ye ars, - the celebrated and fa- v°urite hi -cod-mare, Miss West, the dam of Star 4zer, Telescope, Microscope, Rub Ann of the Forest, Circassian y. Skypeeper, , Ro g r aph, 11, Hone seberry, Tele ycomb, Allspice,• and Quiz, whose an ces Basto were 4 nd —Ygrk &raid. 1!, Soule nonurnal maranders• have been 'very aive , the v:llag e of F,..-rsham. In the course of last .it•bu %day night, they- broke three the mansion of t‘li..'l--L-,l%l4N.t,Ciitfic,, Esq.. '9nd three-other loyses in "etgl-lhourhood, ar7d carried, off many articles of ''AlsideraLie v4ke, lACKSON 'V. LOAD V ISCOTAT WILSINGTPWN A Jury was impannelled on Saturday last, hy the Sheriffs, in order- to assess the Damages in the above Cause, where Judgment was suffered to go by de, fault. The Damages were laid at to,oool. . Mr. Serjeant BE S T addressed the Jury on the part of the Plaintiff; informing them that it was an Ac tion to recover compensation in damages from the Defendant, for having alienated the affections of the Plaintiff's wife, 'deprive& him of the comforts of her society, and indticed het to elope and-live with him in adultery, which she still continued' to do.— The elopement took place on The 4th of August last. Unfortunately in these Corrupt and profligate days, cases of this kind occurred so frequently, that he should be going over a very hacknied subjea, were he to attempt pressing upon them a due sense of the heinous nature •of such a' trespass upon the peace of a husband, or to aggravate it by represent ing the disgrace which such miscondud reflected on the children, and the uneasiness which it could not fail of spreading through all the branches of a fami le. These circumstances came home to the breasts of all men of every description, for which reason, and considering ) the very respedable Gentlemen I have now the honour of addressing, I may with the greatest safety; leave ,that part' of the subject i to their own feeli ng s. •He was prepare d to lay before them, and support by evidence, a Case than which none was ever . brought before a Court of Jus tice, more entitled to at least pecuniary da. usages ; for as to compensation, taking that word in its true import, it was evident that nothing. could compensate as man for such an injury,to his happiness. It was true, .indeed, that the crime, for such offences were really crimes, did not come aggravated by those circumstances which sometimes occurred, such as betraying -the confidence of a friend, and making. that a conveyance to the affec. tions of his wife; but there were some aggravating circumstances which would merit the attention of the Jury: lis client did not call upon them for those exemplary and vindictive damages meant to . operate as .a punishment on the offending party but, he should look to them for a retribution at least for the losses he had sustained. The Learned Counsel then proceeded to explain the nature of the case. The Plaintiff, Mr. Henry Jackson, waS a Gentleman in the Professiou of the, Law, very eminent in that line, and nephew to a late distinguished Baronet, (Sir William. Middle_ and of most respectable family connexions. The Defendant, Lord Viscount Milsingtown, was the eldest son of the weafthy Earl of Portmore. The unfortunate Lady, the objeCt of his seduttion, was grand-daughter to a most respeCiable Baronet in Kent (Sir C. Bishop), and niece to Sir G. Warren ; her father was at this time a Colonel in the Army. They would have in evidence, that this Lady was by blood conneCted with many. of the first and 'most respectable fimilies in the kingdom. At the age of 22, when married to Mr. Jackson, on the 26th of September, 1791, she was shining in beauty and accomplishments, and adorned with every vir tue ; she was,• iii fact, a person of that description, that the beleetion of such a woman for a wife must do honour to the prudee and taste of any man.— The husband and wire; it would be shewn, lived 'together in the most perfed love and harmony. In the year 17 . 93, Mi. Jackson had the misfortune to be afflitted with a paralytic stroke, which made it necessary for him to suspend all, application to bu siness, and retire to the country, - for the purpose of strengthening his, health. He took apartments in Sunbury, where Mrs.. Jackson' attended on him with all that care, attention,' and anxiety, that could have been shewn by the most assiduous 'and affeCtionate of wives. Their mutual harmony con tinued down to July, 1799, when 'Mrs. Jackson went to Sporrenginn, in Sussex, on a visit to her father (Colon e l Bishop) and mother. Sir George and Lady Warren being then at Brighton, invited Major and Mrs. Vince, (sister to Mrs. Jackson), and three other unmarried sisters, to pass the race week with them; and shortly afterwards they were joined by Colonel Bishop ; and Mrs. Jackson, and her sisters, were invited by Lady- Charles Somerset to a ball. and supper, which commenced the ac quaintance between Mrs. Jackson and Lord Mil singtown, who was introduced to her by Sir George Warren. His Lordship selected Mrs. Jackson for his partner, .and it was remarked that he paid her' v.ery . particular attention ; but she came up to Lon don a few .days afterwards: In the summer fol lowing the same Ladies were on a visit to Mrs. .Middleton, sister to Sir William Middleton, and uncle to the Plaintiff; at Eton,.and it hap&ning that the Ascot races took place at that, time, they made a party to it, and were joined by Lord M., who was afterwards introduced to. Mrs. Middleton, at her house, both by Mrs. Jackson and Miss Bishop, as a-suitor of the latter young Lady. Mr. Jackson going down, in a day or two afterwards, 'a similar introdudion took place between. him and Lord M. There ensued several w ater p art i es on the and things seemed so far drawing to. a conclusion, that Mr. J. willing to promote so advantageous a match with a Nobleman of Lord M.'s rank and fortune, (which consideration was frequently pressed uptin him by his Lady), 'and being solicited to do 'so by Miss Bishop herself, gave his Lordship an invitation to his house, Which the latter accepted, and continued his Visits there all the summer of 'Soo, still appearing to direft his attentions to Miss Bishop. In conseqnence of the frequent reports of the intended marriage, Lord Milsingtown, with Mr, and Mrs J. and Miss Bishop, were invited, and' paid frequent visits to Col. Bishop, - their father, and several other . persons, At length Mr. J. find. iagithat his Lordship made no proposals, and hay.. ing suspicions of- his 'illicit intentions, comtnuni. cated to his wife his design to break off with, and inform him that his visits must be discontinued. The Lady _wished to dissuade him from doing to, under different pretences, and even quarrelled with hirn on , the.subjeCt ; but he persisted in his deteimina. tion, and left it to Mrs. Jackson to inform Lord Milsingtown - of it in what - manner she. pleased. The communication being made, the Plaintiff's eyes were soon opened, to his surprise and mortifi. CaoOn, by the elopement of his wife-in a feW days afterwards. In one of Mrs . . J.'s drawers he found, . . Upon search, a letter, which heft no further doiiiii of what had taken place. The letter, as well as we can recoiled, in Words; was nearly as follows ; " I hope most earnestly very scan to see that my beldVed Harriet wai not the worse for the expedition of yesterday. I wished very Much to have called this morning, to have in quired after her, but thought if I did, I should not have the pleasure of passing the evening with the only woman in the world that 1 have the smallest attachment to ; an attach ment so strong and fixed, that nothing in the world can al ter. I vever can be happy till we li ve t o ge th er , w i t h t h at dear little angel that so resembles the figure of its dearest mi:i ther ; it makes„me - quire miserable, the thoughts of having town. I cannorbear to be separated from you, my love ; I hope is will not be the case ; I am sure we could be happy together, and my only study the happiness of you, my, adored Harriet, and the we lf a r e o f your children. Pray, myilove, let me see you to-morrow if it .is in your power. I wish veg,tfroy, much that we may meet to fix when we shall meet not to part again. , Perhaps you will not have an opportu nity of reading this before Vain obliged to leave you, ,there fore 1 will be in Hart-street" at the usual place, at twelve, O'clock to=morrow ; pray come as soon after as you can : and believe me most sincerely, affectionately, and faithfully, " Your's ever, M." Thus then did :it appear that Mr. J. had only anti . .: eipated the design which Lord M. was meditating, while he displayed the greatest art and deepest knowledge of the human heart, by making his court to the mother, by .a display of fondness, whether real or affeaed, for her darling infant. The Jury would therefore judge of the nature of the injury, when they consider the fond attachment of the un fortunate. Lady to her husband, previous to her ac quaintance with a Noble Lord, whose superior ad vantages of title,, rank, wealth, and uncommon ac complishthents, could alone have succeeded in alie nating her - affeaions. The Gentlemen on the other side may ask why he', did not bring. Miss Bishop for ward to prove any part of the case ? His reply was, that she being the sister of the fallen Lady, and having been the pretended ()hie& of Lord M.'s address, his Client would Sooner forego all the ad vantage he could derive from her evidence, or even forego all damages• whatever, than commit such an outrage upon the delicacy of the young. Lady, and the feelings of her family: Mrs. Osborne proved, that in 5794. the Plaintiff and his wife took lodgings at herhouse, at. Sunbury, . kept one maid -servant, and resided there four • months. She never observed in any wife a greater degree of affeaionate attention, .or a more Correa deportment. , In-several visits which she since made at their house in, London, she could observe nothing between them but mutual love and happiness. On her cross_examination, She said she knew of no other visitor Mrs. J. had at Sunbury but a Lady of the name of Brooke, with whom she appeared to be very intimate. ' M‘r Lambert-Middleton said he was nephew,to Sir William Middleton;'and first cousin to the Plain_ tiff, between whom and his wife. he always saw the most perfea harmony and affection preVail. He was a frequent visitor at their house ever since their marriage, and of late'was accustomed to meet the Defendant there, whom he considered as a suitor to Miss Bishop, to whom he always paid most partien tar attention. On his cross-examination he said, - be observed these attentions when there were younger ladies in - company, as for instance the Witness's sister. He acknowledged, however, that he never heard' Lord M. make any declaration of that kind, nor did• he say a word to l:ini on the subjea one night that • they wtot home together in a coach from Mr. j.'s house. He was present when Mrs. J. was visited . . by Sir G. Warren and several other Of her relatidns, and never before heard of any thing blaineable in • her conduit. iVirs.Middleton, mother of the above Witness, deposed that she was aunt to the Plaintiff, she sel dom came to town, but when she *did she called a . ; his house three or f our t i mes. I n , t h e two las t Summers Mrs. Jackson and her sister, Miss Bishop, visited her at her house at Eton, and in the first of these visits, in going to the Ascot Heath Races, were accosted by Lord .M. with equal politeness to all. She saw nothing particular in his address, and if it was more. direeled towards Miss Bishop than any other, it might be ascribed to her being the youngest present and a single lady. His Lord ship was polite arid attentive to them .all, supplying them with sandwiches, and such refreshments as they ,wanted, in consequence ,of which she invited him tosup at her house,' which .invitation he accept ed. She however supposed him . to be a suitor to Miss Bishop, or she would not have asked him, and on asking that lady whether it was so or not, she smiled, and neither affirmed nor denied it. There was nothing particular in this lady's evidence re. spearing the visit, last suMmer, when Mr. Jackson himself was of the party. She was not present when Mrs. J.-introduced her husband to Lord M. or, if she was, had taken no notice of it. On the qties..- 1. tion being asked, she said that'Mrs. Jackson was a very pretty, fascinating %vomit]. , A daughter of the foregoing lady said, that - she had been upon frequent visits at Mr. Jackson's, sometimes for a week arid sometimes for a month together. She never. observed any thing improper in the condua of Mrs. Jackson, or 'she should not have staid there. During her last visit' she saw . Lord M. frequently at the house, and observed that he paid particular attention to Miss BiShop, but never heard of him making any declaration, though she always understood him to be that lady's suitor. They kept two maid servants and a footman, were visited by Mrs. Vince, sister to Mrs. J, an d a l so by several other fernale relations., She had dined at Sir G. and Lady Warren's, in company , with Mr..and Mrs.jacksOn, , . . Tlie Letter from Lord M.'found in one of Mrs. Jackson's drawers, was then put in and ready The inspeaor of Franks at the Post-Office was then called to prove the Letter to be Lord Milsing town's hand.writing; but Mr, DALLAS took an objeOion,. that. the Witness having never seen his Lordship write, nor held any correspondence with him, was incompetent to the proof; the obje6tion was admitted. X is Lordship's Solicitor was ,next called upou, and here again it was. objected that the Witness never saw Lord M. write, and that his confiden tial communications with his agents should not be suffered to operate against burr. But the objeCtion was over-ruled on .the ground that this evidence could betray nu part of the confidence reposed in their correspondence. He deposed, that. he be lieved the Letter to be in his. Lordship' s 'h an d-. writing. Here th e eY id ence Was dosed. • d • L " 1 Mr: Dett.Liki t resse ic Jury, ann said; , . . it was not in return for anycoinpltmetwpaiti hint by his Learned Friend, that he now declared that get: ileman to have exerted the utmost ability in thi Conduct of this cause: By ability he did not mead Merely that display of eloquence which may be de.:. scribed as painting in words; but a nicenola of d;s: erimination, arid a dek.terity of judgment in seleei : ing those points of evidence. which might -make Most for his purpose, and withholding ()theta that would operate_ _unfavourably, thereby making the case appear quite different from What it. really was. But, notwithstanding all this, Joe would undertake; in a very few o b seraatii ins; to- prove that this,_ of all the cases that ever came befbre any tiihapal, was that in which the smallest damages ought to- be given'. In 'the first place, Ile molt observe, that if the law gave a hhsband certeri rights,, it also im. posed upon him certain_ duties, which if he tiegiedecl toperforin, his rights were forfeited. This,suniedt was to be considered in two pbirits Of view—e-tirste whether the husband was privy and consenting - . to the seduetion of his' wife.? in which case he quoted; amongst others, the authority of Lord IcEavreisi, to shew that such, a man was not capable even to maintain an action, for the law allowed hizil none. The' second point was, where the,bas_ band was wanting in his duty, either .by tieing defedive in precaution in .guarding his wife from danger, and Affording her protection, or by treat ing her with_ such negled, as might expose her to temptation . ; in either of which cases, though the Plaintiff might be entitled to damages,. yet they would be diminished, in. proportion to the eircarre: stances which may be disclosed in evidence to a jury? for the man who applies ,for redress to a Court of Justice, must come before it with clean hands. He did not excuse nor, palliate . the offence of Lord M. but standing as he did with' the guilt of adultery upon his head, he might, in the case first alluded to, have pleaded not guilty, and have put upon the record that' which in law would amount to a coin- . pleat defence. It could not therefore be stpposed: that in any observation,he abould make, he meant to impute to Mr. Jackson that he connived at or knew of this illicit condud; and Lord Milsingtoi,vn admitted it in suffering judgnient to go by default e t but, on the other hand, if he was guilty of negihe gence or inattention, that circumstance must weigh materially in mitigation of damages.. The question thereforeis, :whether he has -Concluded hiinseff as a digereet, prudent, and attentive husband ; and .whe ther by your verdict, after hearing - ail the circum.e stances, your own charaders• and consciences will allow you to proclaim such an opinion to the world?• The Learned Setjeant ha; endeavoured strongly tcY iinpress you with the deep artifices and dissimulif,e tion of my Client. • But I fnney he will find some' difficulty to persuade you, that with all.suebknowee ledge of the world which is 'ascribed to Mtn, he would venture to pradise such artifices on 'an Ar_ torney, or that an Attorney was likely to become the dupe of soyotmg a Nobleman. He could .nori well be accused of meaning any thing, di,respaarut , tit the profession to which he had the honour u belong, when he observed that the occupation of an • Attorney was poculiarly ealcidated to render men conversant with the manners of life, clear-sighte4,` observioi, and suspicious. 'lf so, how are we to imagine that thiS affair should be going on so long' a time, and that Mr..JaCksOn, with all the-guarded caution or - -an attentive husband about him, should. be so totally unsuspicious as to take no notice' h Lawyer, nor feel . the' least alarm at: the Noble.- Lord's never having made auy propOsals to Misk. Bishop ? Law and reason itself required that in' such a process as this, even beyond all others,. that: the best-evidence should 'be brought forward, which; the nature of the case would admit of. Why then' was not Miss BishOp brought forward, who might have fully established the principal point which the Plaintiff aimed at, and whidialone could - entitle-him' to considerable damages ?, The piea.of indelicacy in her appearing to prove the infidelity of , ,her sister, could have but little effed uPon- the _minds of the Jury.' On-the contrary nothing could be more: -honourable than for that Lady to appear, -and, vindicating the charader of the Plaintiff, establish at the same time the purity of her own honour.— Her testimony might justify them both_ for suf-' feting scenes of this kind to pass for so long a time under their own eyes. But if this delicacy was to be.. observed towards Miss Bishop, why • not produce the Colonel their father, and Sir G. and Lady Warren, to corroborate what has been stated of the duplicity of the Defendant ? Surely it could not be contended that these Parties were not to 'be found. 'There we r e a l so the servant maids retained - latterly in the family, and servants were known, by some means or other, always to ghin some informa tion on subjeCts of this kind. It was extremely remarkable that none of these had been produced, ' nor indeed 'any other person wild could positively . assert that Miss, Bt had herself ever declared- the Noble Lotchd be her suitor; and what was most extraordinary of all, Mi. Jackson himeß:if through.. out the . whole very suspicious. pioceedings, never once thought it necessary to ask. Lord IVliisingrown what were his' objets, or whether they, were ho. nourable. It. has been established .in evidence, that the frail Mrs. Jackson was beautiful and fascinating. It was 'asserted, also, as it. never failed to be on all' such'occasions'o that before the present affair she was viitudus•anti honourable. It might' be so indeed, but it ' was hard.-trusting to such assertions 'Of. Counsel. There . was acaree:y any married woman Who could not obtai,o, j such a charade% Experience, howe ver , prove d flo us 2!,.."' that - frequently women who are saints here are sinners in Bond-street. There was.ohly chic toeic more to Which lie found it by any means necessary to allude, namely, the inference drawn from inlet. ter, the manuscript of which;. in his opinion, had . not been. sufficiently. proved. • But, granting, for the sake of argument, that the letter was g e nu i ne , , and addressed by. Lord/M. to a Lady of the name of' 'Harriet, whom he would, for the moment, sup pose to be Mrs. Jacksort , --admitting also that the objeff of that letter was to induce that Lady. to elope to him with her child—he must contend that, far from being an aggravation of the oance, i t did . honour to hi s f ee li n g s , whether or not it should so happen 'hereafter, that, satiated with enjoyment, he Should ever be - induced to turn her aTritft.' Though • Miss Middleton stated, that Mrs. Jackson had be. -