The Sun. — London, England, 1816-07-01 00:00:00

~~ ,t ai deortinc,t his wife, who, from the state of her turret, could no longer act as his companion nod friend—instead of consigning her over /to those peraons, who', for money, took care of in. dividuala in her melancholy . situation—he deter mined to adminster to her, himself, all the comfort ‘voich was in his power. Ou that occasion he svould not permit even a nurse to attend her.— The noble plaintiff, holding as he did high milt undertook himself to he -I.atv and hereditary rank, vome the attendant on his afflicted wife ! He thought that his attentions were necessary ;--he conceived that he, feeliog more deeply for her si tuation Than any o: her person, wits. more capable of visiting her with that comfort and solace which were so necessary for her recovery. lie should call Dr. Croft before them, who would nn ecltlivocally state this fact. Such; was the case, hicii he woad Inhstautiate• to the Jury ; and, lisving done so, he should demand, whether it was not one that called for very large damages ? If the rank of the parties,and thealfeetion in which the plaintiff and his wife had previously lived, were a grieind for large damages, he,.eontended that such a gi wind was here most obviiina. He saw a learned in-tither (Mr. Vaughan) to whose care the cause of the , lefendant was confided, attended . by 'another learned friend (Mr. Sergeant Copley) whose eh")- . oneness they had Litely heard in that Court. Ile knew.mit the course they would . adopt ; he could not conceive the line of defence they worth! take. But he was salt: of this, that no evidence would be called. Ile was convinced, that they would not give him au opportunity of again uddressing, the Jury. lie felt, as well from the paper 'pee. Into his hand by the respectable Solicitor under . whom he acted, as from a knowledge of the p4r ties in this case, that there would be no ground for calling evidence on the other side. Ile was certain the case could not be removed from the -broad principles cm which he had placed it, by any evidestee.that could be adduced. 'lt would, at . its close, stand OR the same ground on Which he now placed it. The plaintiff was deprived of the society, lie was robbed of the comforts which flow front Stu affectionate wife, bythe acts of a seducer. This was a short stateinent of the cake ;—and, whatever the talents and invention of his Learned Friend could supply (and doubtless" they supply the best means of 'defence which the Case offorded) would not be sufficient to cserthrow it.- Whatever topics his Learned Friend knight ad. vance, would, he knew, he addressed to the Court it; a high strain of eloquence—so brilliant indeed; that, but fur the justice of his cause, lie would almost shrink front the unecpial contest... Form. tiately, however, the success of the eausedid not depend on the advocate on either side. The facts must decide it. To them the Jury' would apply their minds ; and, after a due consideration df the evidence, they would *pronounce their verdict'. From the experience he already had of their g(snd sense, and discrimination, he was sure that he - would feel perfectly satisfied with; that' verdict. ' He sincerely -hoped it would be amongst those verdicts, which strouft in time, if any thing could, • "putt a stop to, that guile and artifice, which led to causes Stroh as that he now had the honour of soh. mitring to their consideration. The Learned Ser.. jeant . then p`roceeded to call his witnesses. Sir Richard Croft is an accouchetir ; was ac quainted with Lord George Beresford and his fa mily. His Lordship lived upon as happy tertns with his lady as any Tan he ever knew ; attended the lady also in her first accottchment. After her confinement she was afflicted with insanity. raugement not unfreqtretitly afflicted ladies in that situation. On that occasion lie observed that Lord George waited upon his lady with an attention end solicitude to the full as great as helm! ever witnessed its any man. At the end of the last year Lady George became again indisposed ; Lord George wits in Prance that time with the army, brae returned on learning his wife's indisposition, • Hit appearance was that of the greatest distrac tion and misery at the state of his lady; his coo= duct was that of an affectionate husband. Cross-exandoed by Serjettnt VAUGHAN .--When this malady first appeared, after Lady George's accouctiment, he asked whether she bad ever been similarly alfe,cten before, and learnt (but he could not say from whom) she had 3 ' was in the habit of visiting the family merely professional ly, and on those occasions always observed that Lord George behaved affectionately.,---After the first indisposition of which he was witness, Lady George was afflicted ,for several mouths, 'The last indisposition, came on suddenly, perhaps six, moth's after the birth of her !flit child. Did not see any abet' Ladyship's female relatives attend her her last. illness. Saw: Mrs. anti Miss Sehultz,.her Ladyship's mother and . sister, visit her occasionally, and Lady Elizabeth Moult, The letter alluded to, and commented 'on by Mr. Serjeant iigsT, was then put in and read...-. The baud-writing was admitted. It was verba. tim as hollows The unmeaning levity with which t spoke to you yester day, though foreign to my heart, has madc'every hour since w e parted appear an- age, and other thoughts rustling on my wind, have contributed to make me unhappy. Can you love me whom you t , ay you do' not understand? Want of confid e nce , Mist diminish love. In you, lay dearest Harriett, t have the must totricet confidence ; it was not As 'speech Mt at' heart when 1 said you aright, in my absence, flirt with !mother no Inundirrsntoptnions, confident, artful at he might be, would date to think you lightly won. I am stink ip melancholy d e . !:pair, lest sophistry even induce you to think -lightly. of a crime, which I pray Heaven no consideration whatever 'limy e v e r 1,-tel you to commit with another. When I think what you have sacrificed fur me, the pence of mind you - leave forfeit ed, that recollection atomic, independent of my lure, my ado ratiunfor yob,. would deter me from inconstancy. Curses on the character some hate given me, but not untlescrvedly. have been a prnfligate,deceitfal,and inconStant, but IleVel to a hein.c like my Harriett. Woman is softand gentle as the mould in which she is forthed, till titan destroys the beauteous work. you, were it possible to be treacherous, my crime would be enormous, I have this feeling toward. you, that if the world,- the London world, suspected one-tenth part of the affection I. bear you, it should deem it impossible tar say thoughts to he distracted tOr so instant from you to another woman. Seach, now that bosom, and question it wbetlior it loves Ileetive at well at Once be flattered himself it did, and datters himself it does. Has no feeling-of pique within the jast„ three".Veeks lessened that retied? I ant interruped, perhaps you are , not berry for it.--l' kive r --my only lave, --Duty cherish nil affection until you find me nii• worthy, la. it, and 1 will perish sooner than give you reason - to withdraw your regard.' The AliaquisolCholnion • deley acquainted with I fieorge liereSford and his Lady; they visited his f a mily and . w,tre at his seat in Norfolk last • q (Mliniierl with .ltim • ten or twelve slays Irinn %coat he observed on that and oceasionS ,, Othty appearott to live pericerly vii to ,, ethe.e. tier Ladyship's conduct towards Isis Lurilship was that of a dutiful and affectionate wife. . . Cross-examined by Mr. Serielnt C9PLEIr.--The principle. opportunity he hail of seeing Lord George and his Lady was at his scat in Norfolk last Chriiimfts. His IMIISC was then full of coin patty. lle s'tw them only in company; they were merely person actptaintallCC3. The Earl Of Arran is a relation of Lord Gen. Beresford's : was acquainted with Lady George since ltcr • marriage; bad opportunities of se e i n g, them together frequently ; the conduct of Lott) Geonre was that of an alleetionate husband : they frequently visited at his house. Cross-examined by Mr. Serjeant VAtic HAN.— There was other company at the house when they visited him ; they came as mere general acquaint tames. Walter Jones, Esri, is first cousin of Loud 6, Bereiford, %vas intimately Repainted with him from his earlieit youth. lie Was married about eight years. He had three children, all young ladies. Down to the present time he hail risiC'ed his family. They lived apc•il the . happiest terms. Lord George conducted .himself as a most affec tionate husband. She appeared to make a suita ble retnra. Lord George wits very seldom absent from home, lie was ,al%vays attending his duty in Parliame.nt. • • . . Cross-examined.l,md George Beresford was a domestic man, was never absent but on his duty to his country. Col. Bridges, brother-in-law of Lord'George, bed notch intercourse with him and his family; their visits were frequent ; from his obervation the.conduct of Lord George was exemplary ; . the conduct of Lady George- appealed to him that of utt affectionate and.dutiful wife. Cross-examined.--,-Repeatedly slept the house ; knew Lord and Lady. ISeresfotd ever since their marriage ; he did not believe Lord George'Beres ford to be a gav mati; he thoughtquile the re verse ; he never knew him to 1)e . ob*.ent-frotn his domestic circle but on public business ; had a situation about the Plidce ; this he did not think had the effect of taking him ilway from home so as to malie him otherwise than what might'he Idled a domestic man.; .w,itness married Lord 'George's sister. -Re-examined.—Knew of po absence that could be called wilful on the part of Lord George. Here the evidence for the Plaintiff's Case closed. Mr. Setjeant VAUGHAN, addressed the Court for defeutiant. He agreed that it Mould have been idle to have gone into evidence for the pur pose of proving the adultery—the tact was pre viously admitted ; and he hoped he might take credit, therefore, for as much anxiety as his Learned Friend, to avoid entering into a detail of circumstances which must have been equally of fensive to them all. in one of the. principles upon which his learned friend had put this case he cer tainly coaled not coucur. He had stated that the amount of damages to be assessed most 'depend upon three considerations , —the rank in society of the parties, the ;A:etion . wlifeh had previously snlysisted between ihe linshaod wile, - - and the mintier in which the defendant had ccluductcd hitn,elf. Now, he could not acquiesce in the pro position, that rank spotild in any iligree form a principlenpon which the determination of the ques tion was to take place. According to taw, t hepooren man stood in this respect upon the sittne vantage ground as the rieheit ; and upon this principle he saw no reason why' the present plaintiff should,' however elevated his situation,' he entltlctl to greater damages than would be given to a perion . t much meaner rook. The Jury:were to con. eider !calmly and dispassionately first whet the plaintiff had lost, anti next how he had conducted himself . previous to mustaittity that loss. lie hatl alwayi thoi(glit that this latter point was Fs very important one to be Made out in t'%iclrncr. It was not alone the nefendant who should be put upon Iris trial, butbutt he plaintiff also; and the latter, in his humble apprehension, was boom d to prove, b e f or e lie was entitled to tiny very extensive te partition, not by common evidence, but by clear anti satisfactory testimony, that he' hail been a faithful, fond, and Affectionate hw band , devoted' to the interests and comfort of his wife. What sort of attempt had been made to make out such a case ill the present instance ? lie called upon the .InrY to examine the evidence to this fact. lie did . not me a nt() deny that the ciretonitances of the tiise were of the most melancholy deSCriptirin, and hi's Learned Friend had not tailed to use his dexterity in intro . - diming every fact which could add to the 'entre mity of the defendant's crime. Among others, it had been endeavoured to be insinitated, that the last mental derangemeut . ofthe plaintiff's wife was in some degree asciihahle to the defeubnt. - For- Innately, however, the I ,nswer.of the witness, Dr. Croft, had fully proved, that this was a malady With which she had been before afflicted, and that ft in fact war in the family. insomneb, therefore, his client had beet; relieved frtkm an imputation so (iVer‘4iielltifitg iii its effect, 'Whatever the plain. - - tiff Might have hist in his wife, she at least had not lost her' reastin from the conduct of the de fendant. He now canoe to the other parts of the ease. lie did expect that shoold hear some tiring horrible of die mode which` had be e n t a k e n to effect the set h ietion of the plaintiff's wife. 01 this, however, what evidence had been given nothing Istit the . litter of the defendant himself ; which barely amounted to an admission of the fact ; but when this came to he read was it stus. ceptiblc of the construct ion Which hint 'been put upon it by his Learned Friend ? So far from bear , ing-an air of triumph, it cautioned the untOrtn nate lady, whose ruin had probably taken place in a moment of ungarded passion, apinAt the coati - nuance of offending. It spoke in the tone of con.: trition and repentance, anti . expressed a delire, rather that she should retnrn'to the' path "of virtue', than that the criminal intercourse should be con tinued. independent of this, however, what other evittette e had been submitted He natu rally expected the; his Learned ,Friend, whose ingenuity and talent- in conducting such a case were undoubted, would feel 'it prildent to adduce Smile evidence, of a sutistantial and ungocAtion,ltdo description"as to the 'terms, affection and harmony iii Which the tdaintiffand his! wife - had tiveil previous to the untOrtunate cause of the present tattli - on:. - But what' ,wat the evi dence he had subm!ttcd : was it of a CUUCIUSiVg etld satisfactory nature, Or wits it notion the contract vague and uncertain The first witness examin ed; as the airy would recollect, - teas Sir Richard troft. It was true that this Gentleman was at the . head of his profession ; that his character was twitnpeached, and that his intedrity was unques tionable. To all that he said, therefore, he should be disposed to give implicit credit : but to what did . his testimony amount That hi the hour of sickness, of itistress, and of diffi culty, the plaintiff had been 'attentive to h.s wife, and had behaved as affectionately as any other husband would havedone in a'similar si tuation. What, however, was this, but the vi sit of a professional man to his patient and what 'was the ,condoct of the plaintiff, but that which would have marked the proceedings Of any 'other man, however dihiclined he might be to afford comfort to his wife in the hill enjoy ' ment of health ? The man who with! treat his wife with inattention in the hour of sickness must indeed be us baibariau; but attention at that moineitt, although it was evidence of the feelings of humanity, was by no means conclusive as to the existence of a paramount affection. Nothing, in fact, enuld'be dednced from this, as a founda thiu fur large daptages. The next witness that was called was the Most - Noble the Marquis of Chohnondeley ; and it a man of high rank and illustrious descent were wanting to give dignity to the cause, such a man was to be found in hint. He conf'ssed, however, that be never heird colder evidence as to the affection which subsisted between the'parties. When he heard it, in fact, his hand was almost palsied as he attempt ed to indite it on his brief. What was the effect of this Noble Lord's testimony ?—that the de fendant ansl his wife lived perfectly well together, and that he never saw any thing in their con duct otherwise than affectionate. But what were the opportunities affoided hint of observation ? . why, simply those which occurred in the .course of , a visit which the plaintiff and his wife made to his Lordship's seat in Norfolk, during which time thehouse- waisrowded with company. The wife not in that interval exhibited articles c.t pe ace ,against her hu s band, and there fore they were the most affectionate couple the world. if he (Mr. Seijeant Vaughan) might he allowed to judge, he apprehended that °tall !)laces and of all occasions the house of a friend, and the congregation of a large and brillfant company, wound .be the last opportunity which :a couple otherwise than -affeetionated.vould choose to ex hibit their mutual discoutents. The third wit, ness was, the. Earl of. At rani but it did taut ap pear that this Nobleman had, onre's)ept the bonse with those parties, or that he had ally other'means of ascertaining their feelings towards other,. save what ,was afforded in the course 'of sin ordinary Ocquaintance.' Mr. •W. Joiles, was the next witness ; but neither' had Ne. ever slept in the -plaintiff's house„ yip, indeed was there any one witness who had—any person who could be supposed to, have seen them off their guard, or in that state of famlliar and do mestic intercourse in which alone their real feel ings, and dispositions could Ire discovered. It was true iiaat Colonel Bridges, who was the last Wit liC9Sl eitallthlt4, was the. intimate iscqnaintance of Lord G. lieresford, anti had gone further than 'those who preceded hint ;, butt he too bad. never slept in the saute house, nor-did he venture to 'say' that he had ever unveiled the curtain which good • manners would. ni;cessarily. throw around those - scenes which could only be unfolded to those who lived in the Settle dwelling, and were associated in the closest intimacy. It his Learned Friend had asked him whom he would have salted on this occasion, he could have no difficulty 'in answer lug, that ltewould have preferred the mother. and. sister of Laity Beresford aud Lady Elizabeth Mona, all of whom were in the habit of elose intimacy with the family, and would have afford ed the, clearest tind most, satisfactory information upon those , points of domestic happiness' on which so much of this case depended. ; 'l'u these might have been added some of the confidential denies.; tici . Of the family—he did expect to have seen the lady's maid, the housekeeper, the butler; or the valet of Lord George ; and not finding them ranked . among the 'Witnesses, tie confessed he . coulii not shut 'his eyes to the belief, that his Learned Fruited, .was satisfied their testimony would pot have tended much to etiliauce the loss which.the plaintiff had sustained. , For all these reason's it was,: that he was induced to imagine the case Would not be considered by' the Jury..as of that flagrant • kind ,which It Learned Friend Wouliflead them to. conclude, Upon the subject of the smoinit of the dantitges - to given to the vlaintiff, he had only to say, there was is graduat ed scale by which theY were to be guidedgi mid it Was for the Jury,to, say, whether t u be case of the defendant was to be at the' top or the middle; dial was a matter entirely fur their consideration. He had been sortie years in the world, .and during that . period had obtained some little experience. He confessed, howeviir, that'the result of his obz sorvittione 'Was, that it vos almost as difficult to draw the earth out of its course, as to seduce the HT , f ectioosofFt,virtuous woman, where the h ushandbad been all that poetry had described as the just attri butes of . his character. It Was, in hiSepinion, possible to seduce the affeetiont of a wife where she wait - treated by her husband withbeconting respect and - affection. If, however, she- was left to the tent tallow; and ~..eiterstents of the fashionable world, nagarded and unattended by- him to whom her ho. now' was most dear, While he went in an oppo. site course, it was impossible to answer for the consequences. in such cases the parties trod ups. on ignes supposilos eineri' dolcsa. They all knew what human nature was, and that ----- -. The wife is sken, wbere - danger lurks,- • Safest and seemliest by betimsband's side. Withlegard also to the amount of damages, be bad to observe, that no evidence had been offered - to prOvet he,defenthint's ability t o p a y Lucas yihtmages ; he might, for aught the Jury knew, not be worth a o shilling.l;ie i lie` lived li g v i e •o d n7i l :l f l. :t i t g.h► co r n a c n i k tit ' lin a g n(i tl f t i a; itewas rich ; it rather . fUrnished, iniked, au in feretite the other way. - It was true he wag the :l i t; findes• heir of t ' ) t e il be' his s l‘ e i x dr p t ( !c ti t i l i t t n o : s e h a e tr y l ° w r ed'r;e but riot t tn be bettered - by a transaction of this na ture. What he . would chiefly peos was , t h at t h e , present was not a case attended by circumstances. I ;' a'l II fly bu ste sir pry Mt thi ha to tV Ec Est IGI