The Sun. — London, England, 1824-01-19 00:00:00

PARIS ?APEEtS. From the Azir nut des Debate.) PARIS, JAN. 16.--The Courier persists in seeing hostile intentions in the most pacific measures, in the irntsarkation, at Brest, of 1,200 men, for our West India Co totles•; it pretends to see, even now, that this embarkation disturbs England, though we have said that the destination of these troops is as well known to the English Government, as the French Government knew that some English troops have been recently sent to Demerara. We must there fore repeat, that this measure is taken in execution of an Ordinance of the King, inserted in the Journal des Debate on the 11th of January, and of which we cannot praise too highly the prudence ; since, by substituting troops of the line for Colonial troops, it has provided both for the security of the Colonies, and the maintenance of order. Another English Paper speaks in the same manner as The Courier of an import ant armament at Toulon. The *;cat armament, however, is this :—A frigate is there, ready for sea, to carry General Guil leminot to Constantinople—another frigate is ready to carry the French Consul to Tunis, where he is ordered to demand reparation for violations of Treaties which took place during the war in Spain. To us it seems impossible that the English Papers, and particularly The Courier, can be lieve reports which they so often repeat and discuss so minutcly. For, on looking at the price of the English stocks, we observe that they are nearly 90, and these writers must, therefore, see that general opinion is quite peaceable at London as well as at Paris, where the Funds are rising slowly, but in such a manner as will most assuredly bring them to par. In reply to a Journal, which reproaches us with repeating assurances of peace, without any body having . called for them, we have to observe, that we never have given such assurances without their having been called for by the Foreign Journals, and by the French Papers which copy them without discrimination, and without any comment or refutation. DEATH OF THE KING OF SARDINIA. (From the Moniteur of Friday.) PARIP, JAN. 15.—Two couriers, one Eng„lisli, the other Piedmontese, arrived yesterday at Paris, bringing the news of the death of the King of SARoi (VicTott Em iimauzi..)—This Prince was born in 1759, and bore the title of Duke of Aosta till 1802, at which period his brother, Charles Emmanuel, abdicated the Crown in his favour. It was in the person of Victor Emmanuel therefore that the restoration took place in 1814. This Monarch peaceably enjoyed the affections of his people, when the Piedmontese rebellion occurred. De termined to yield no point to the Insurgents, he preferred ab dicating, and transferred all rights to his brother, the reigning King, Charles Felix.—Victor Emmanuel had two sisters, who married the august brothers of Louis XVI., and one of whom gave birth to the Duke of Angouleme. This Monarch has left four Princes, sprung from his marriage with an Archduchess of Austria. The second has married the Infant Don Louis, of Bourbon, hereditary Prince of Lucca. The Prince of Carignan, having been informed of the death of his Majesty. could not go yesterday to a brilliant fete which was given in his honour by one of the Generals of the army of Spain, at which a great cum ber of Generals belonging to that army were present. GREECE AND TURKEY. ( From the Algenzeine Zeitung, Jan. 11. ) An article from Odessa, of Dec. 20, says, that according to letters from Constantinople of the 10th, the Divan, after having been occupied three weeks in discussing the mea sures to be taken against the Greeks, seems to have decided that the Grand Vizier shall go in person to the llorea, with very extensive powers. But it is feared-that this resolution, when made public, will cause great alarm among the people, it being well known that the Grand Vizier never leaves the capital hut ;1 cases of extraordinary danger. Should he go, it is supposed Capitan Pacha will succeed him. Lord Strangford's in fluence seemed to be increasing; but the intended expedition of the English fleet against Tunis, which for these three years past had rendered the Porte important service, leaves but small hopes of the continuance of this favour. M. Minziasky will scarcely be at Constantinople before the middle of January, to take upon him the functions of Consul. M. Von PalM hadleft that city. - --- - BAYONNE INTELLIGENCE. BAYoNNE, .Tati. 10.--We have lINIVS from acrid of the sth., wi:ich is interesting, and may be expected daily to be more so. The Spanish counter-revolution was con ducted with address, and no sacrifice spared to make it succeed at all points on tile approach of the French. The Monks showed their skill in exciting the movement, but they have not been able to control it. In vain do they attempt to check the im pulse given to the populace of the town and country, they are theniselvea carried away by the torrent without knowing where it will stop. In the midst of the scenes of blood their appear ance has no more the magic influence which formerly sus pended the dagger of the assassins, and dispersed them at the signal of a crucifix. They are now despised and insulted by t h e assass ins whom they have armed, unless they encourage their crimes by preaching that every thing is lawful against the Lib era l s, a nd that it is serving God and the King to extermi nate them. On all sides are heard complaints and lamentations over the fate of victims sacrificed to party spirit, and more fre quently to private revenge and to the irresistible propensity to rob , ,ing and pillage. Here, is a Physician, whom requisitions and co ntrib u tio ns demanded on the entrance of the Royalists have entirely ruined; confined in a dungeon from which he was not released till after . the expiration of some months, because his skill was required to preserve the life of the Wife of one of the chiefs of the party ; happy at having succeeded, he thinks himself secure from farther persecution when the Spanish military authority signi fies to him either to return to the inquisition or to pay 3000 seals. Here, is an unfortunate father of a family who, hav ing been confined for five months without cause, and having exhausted all his resources, sends away his wife and children, and puts an end to his existence with a cord. (Saragossa.)— A soldier is dragged through the street with a rope round his neck ; inhabitants, militiamen, are beaten with clubs or shot without ceremony, or are suffered to expire of misery and famine in , the prison in which they are crowded. (Toledo.)—ln another place the house of one is burnt, the crops and plantations of another torn up.— (Alcala.)—The property of a Royalist is pillaged, whom his humanity had induced to defend the life of it soldier; children in the cradle are not safe from the dagger of the assassin; they are made responsible for the opinions of their fathers : here in fact they hang the faithful dog of a Liberal who has fled, (Madrid.)—/n other places it is in the name of the Authorities and in contempt of the Sovereign that persecutions are exer cised; notwithstanding the conventions which promise security for persons and property, toe possessions of those are confiscat ed who fly to avoid imprisonment or death. At Valencia the prisons are full, new places of confinement are getting ready,_ The arrival of the Archbishop in that city, far from calming the people's minds, has been the signal for new persecutions.— The city of Alicant has imitated these criminal examples, and 100 Liberals have been arrested. Many landholders sell their estates, and emigrate to foreign count r i es . Th e merc h an t s imitate their example. At Madrid the principal houses are liquidating their accounts. Yesterday, the 4th, a Swiss was killed by some soldiers of the Royal Spanish Guard, one of them having arrested an offi cer, contrived to let him escape; but the officer has been him self arrested, and thrown into prison. • In the streets the robbers had hitherto contented themselves with plundering foot passengers, but a few days ago a carriage was stopped at eleven o'clock, and people inside robbed. With respect to the intrigues at Court people speak very diversely : but those who pretend to be well informed say that the Royal ists are divided into two parties : one would have a moderate Government without the Inquisition, an amnesty, and, it is even reported, Representative Chambers -; the other, composed of Prelates and Monks, think the Altar and the Throne can not be safe without the Holy Tribunal, and oppose every idea of an amneaty;,however limited. Father Clart.l.O, the Gene ral of the Franciscans, is at the head of this party. Hence we may explain the frequent meetings at the Franciscans Convert; the conferences Gf Father CEarnrso.wittf the Russian Ambas sador ; the disregard of the Sovereieti . orders in all parts of the PeninsUla ; the influence which oantinualiy threatened the downfall of the Ministry, and-.eindered the execution of all the orders of the Government wale recent dismissal of 80 persons in office, all known for their absolute royalism ; the orders given to the Grand Ineleihsitor, &c. the Prelates to quit Ma.. drid ; lastly, the kind .of exile of CERILLO and his friends there, that the face orthings may change,. and that the K ING may fiSten to the coehiels,of . his Ministers. The Chief Minis ter is still ill. Another regimen left Madrid on the sth. - kis said all the Spanish troops will leave the capital, and that the French gar rison will be atigmented to 15,000 men. we Archbishops and Bishops still persisting that they are di, have Made a remon strance to the Krim on the subject of the inalpatiqns brought against them. TNDr A. [From the Madras Courier, Aug. 15.] SUPREME COURT. CALCUTTA, THURSDAY, Jui.x24, 1321 CRJM. CON. HENRY SWETENHAM v. ROBERT ADAIIt MACNAGHTEN. Counsel for the Prosecution :—The ADVOCATE-GENERAL and T. E. M. TURTON, Esq. Counsel for the Defendant:—GEOßGE MONEY, Esq., the Honourable Company's Standing Counsel. Before the Honourable Sir A. BULLER. Mr. TURTON opened the pleadings. This is an action brought against the defendant for criminal conversation; with the plaintiff's wife. The plaint was filed on the 7th of March, and the defendant pleaded the general issue. The damages were laid at 100,000 rupees. The ADVOCATE-GENERAL then rose and addressed the Court nearly as follows :—My Lord—On this occasion I need not launch out into the topics usually dwelt main similar cases, because, I think, it would he impossible for me, my Lord, by any language of mine, to paint the injury done to my client in darker or stronger colours than it must present itself to your Lordship's mind. The defendant in this case is a Lieutenant in the Army, and Deputy Judge Advocate-General at Cawn pore. Mr. Swetenham resides at Futteghur in charge of an ex tensive district. Ile was married in 1818 to a daughter of Mr. Donnithorne of the Civil Service. It was a match in every re spect well proportioned—a match too of affection. She was about 17, singularly beautiful and accomplished—the plaintiff was about 23. For four years they lived together with a har mony and affection seldom equalled, and never exceeded. The unhappy father of the Lady will tell you, that if his son-in-law had any fault, as a husband, it was that he was too indulgent, that he was so fond of his wife—that he humoured her in every whim, in every caprice, and in every extravagance. It will be shewn in evidence that they continued to live together in this affection until this destroyer, the defendant, came to blast their honour and happiness. In this state they were living, when in September last, while Mr. Swetenham was on a visit to Cawn pore at the house of a Captain Blacker—the defendant, Mr. Macnagliten, presented himself. Mr. Swetenham became pleased with hia manners, which are, I understand, very fasci natisig ; and invited him to come and visit him at his house at Futteghur. Whether from that moment he premeditated the dishonour of his friend, or whether the idea of committing this criminal act afterwards presented itself to his mind, I cannot pronounce : for the honour of human nature, however, it is to be hoped that the latter was the case ; but be that as it may, he went to visit Mr. and Mrs. Swetenham in October last at Fut teghur, expecting to find them there; they were absent, how ever, in the district ; but Mr. Swetenham, expecting Mr. Macnaghten, left directions with his brother-in-law to receive him. He had taken his departure before the arrival of the de fendant. He had only returned to Futteghur two days, when he was obliged to go again into the district, and considering the short time his visitor had been with him, he felt it incumbent on his hospitality, to invite Mr. Macnagliten to accompany him on this journey. Those who know any thing of the unbounded hospitality prevailing in the Upper Provinces, will not be cur prized at this. If indeed we are to repose no confidence,—to have no faith in the purity of conduct of those around us, — then is there an end at once, to all the intercourse of society.— But surely blame can never be imputed to my client—he can never be charged with want of caution—that he did not meanly harbour in his breast a suspicion that the defendant was the contriver of his ruin, a dark plotter against his peace and hap piness.—The defendant and a Mr. Mangles accompanied Mr. and Mrs. Swetenham on this journey into the district—they travelled in tents, and my client was under the necessity of going daily to his Kutcheri, at some distance from the tents in the discharge of the multifarious and press ing duties imposed on him in the management of a large district, and of remaining until late in the afternoon. The defendant occupied a tent near that of Mr. Mangles. In the beginning of November, a short time after Mr. Mangles' departure on his return to Futteghur, a Chooprassee of my client's, thinking he heard some one call him, went into the dining tent, and I leave him to describe the condition in which he saw the parties ;—suffice it to say, that the dishonour of my client was completed. The servants did not, at this time, in form their master of the affair ; for so great was Mrs. Sweten ham's influence over her husband, owing to his excessive fond ness for her , . that they were ac t ua lly afraid to ment i on it ; a nd so it turned out that this intercourse went on, and has conti nued up to the pr esen t ti me . Th e par ty returned to Futteg h ur together; and it so happened that my client was again obliged to go into the district shortly after. He left Mrs. Swetenham behind him on this occasion--her house, however, was in the same compound with that of her brother-in-law, Capt. Smith. The defendant having learned the day settled for the departure of re : y client, also fixed his, for the same day, to go to Cawn pore ; and it will appear that he must at that very time have planned the elopement of my client's Wif e , f or he la id a d aw k for two per s o ns . Mr. Swetenham had ( not from any susp i c i on of the defendant). for he had not then th e most distant id ea of having any cause, and his mind was too noble therefore to harbour aoy—but he had, for the sake of propriety, obtained from Mrs. Swetenham, before his departure, a promise which she mo s t r ea dily gave, that she would live during his absence with Mrs. Smith, her sister-in-law. This, however, she did not fulfil. While Mr. Swetenham was still absent and happy in the idea that he had left behind him a loving and faithful partner, he heard that the dishonour of his wife had been com pleted, and returned to Futteghur on the very night she had eloped. When I ask for heavy damages for my client,—and I do ask for most exemplary daniages,—l do not, I cannot, sup pose, that they will be admitted as any consolation to his mind for the deep injury he has sustained : I ask this reparation, be cause the law has said that it shall be given —I ask it, because justice demands that the crime of the defendant should be se verely visited on him—and I ask it, because, in proportion to the amount of damages awarded will the injury inflicted on my client be estimated in society. If, indeed, the misery en tailed on him could be estimated in money, I know not the sum which could equal the measure of injury he has suffered. But money can never restore to him his peace of mind, or bring back to him, in virtue, the unfortunate lady now living —not in happiness—with her seducer ; but it will mark the extent of injury, and enable him to obtain at another tribunal the disso lution of that marriage, which is now only a dishonour and a disgrace to him. Mr. ABBOTT, Register of the Archdeacon's Court, examined by Mr. TURTON. (Paper shewn him.)—This is an examined copy of an entry in the Archdeacon's Registry of Marriages, of the returns for the Chaplaincy of Agra. JAMES DONNITHOTINE, Esq. examined. Is father of Mr. Swetenham's wife; at present married. She was married in my house at Futteghur by the Reverend Mr. Evans, Chaplain of Cawnpore, on the 2d of April, I 818: Mrs. S. was, I think, nearly 17 years of are, or rather l ess : Mr. Swetenhamwas about 23: Mr. Swetenham was then in the Civil Service, and I have been so also for many years; they had one child, a boy, now four years old. As far as have seen the conduct of Mr. Swetenham, it was most in dulgent as a husband—almost to a fault. They lived most happily together. MUNHOO KHAN CHOOPRASSEE examined. He is Mr. Swetenham's servant ; has been in his service a long time; has now been five years his orderly peon. Q. Do you know the defendant ?—A. Yes, I do. Do you know Mr. Mangles ?—Yes. Do you remember plaintiff, his wife, Mr. Mangles, and the defendant leaving Futteghur on a journey ?—Yes, I was with them ; they went by land with two tents ; don't remember the month ; but not a year ago ; it was in the cold season ; about the beginning of it. Do you recollect the tents being pitched at a village named Nourdowleah ?—Yes ; I was there. How many days had they been out then ?—They had left Futteghur about twenty days. Had your master any kutcheri ?—His kutcheri was at Bur houllah ; lie used to go after breakfast to it, and return at three, four, or five o'clock in the afternoon. When tents were pitched at Nourdowleah, had Mr. Mangles left ?—Yes; he was not there ; he left at Puttealla and went to Futteghur. Do you recollect going into the dining tent any particular day ?—I do recollect. Why did you go there ?—I thought the lady had called me, and therefore went.--[The witness swore directly to having witnessed the fact of adultery.]—They both got angry with me, and I went out. Where was master ?—My master was at his kutcheri, about seven miles off. At what time of day was it ?—After twelve; can't say exactly, haying no clock or watch. Did. Mr. Swetenhani come back that evening ?—My master came back after three of four in the afternoon. Did you tell him ?—No; I am a black- man ; how could I dare to say so ? If I had, he would have taken my life from me. Did your master appear attached to his lady ?—Yes, very much; he was very fond of her; we dared not have said a word to any body about her. Did you recollect, on any.other day, of having seen the par ties in any particular situation :—Upon another occasion, two ad t the :h- case i tnt mo w sa h tkl i pc inshp pose of remaining silent. Had my Learned Friend made out o suppose eeu he t h a d 1 s i acmsa care made o e ni, out,all against h w me i without o oc u ul ilte_nt do o a t observation, Bn:ia gt atigraivi ea ti tractol i m na ig d l e n t h h a a v t e re s i u n p a p rk o , set a l s ti,l,teatit has s e clailaldednio.otr d h o e n av e y a d ll am he aa c e o s u , l l d a s or three days after this, I saw the lady in a great chair sitting she said if he would allow her to go on board a boat in the river she would there consider the proposal. on the gentleman's knees, with her arm over his neck. Where did the party go from Nourdowleali ?—Back to Fut- She obtained a boat ?—Yes, a budgerow. She went on board ?—Yes. teghur direct. Did the defendant go with them ?—Yes. "proposal? Before her going on board did you press her to consider the of them. lam not here, my Lord, to jus 'i tif d y tl : ie crime coin- Sir by my client, for no man can more deeply repent it than, I believe a short time after she left her husband's house?— 'Proposal? I went on boardand gave her from Mr. Swetenham Yes, and has not returned. 1000 Rupees; and again urged her to reflect on his proposal_ he nl does.. Had I been instructed indeed to defend his conduct,. she said it was now too late. it would have been my duty to have attempted it ; but so far Captain ADONTAff Salmi examined by MT. TURTON. ! Q. You are brother-in-law to Mrs. Swetenham—married to I Sir ANTHONY BULLER—This:is not evidence. His Lord ' Allathen-asked if the depositions now taken down could be act. • his sister ?—A. Yes. ed upon by the Lords h . (Hotise_of Lords.) lllr. MACTIER—OiI no! My Lord, they cannot. is this from being the case, that the very first instructions I You lived near him ?—Yes,; our doors join, and the houses are in the same compound.received with my brief were not to attempt to say one word Did you become acquainted with Mrs. Swetenham soon after The ADVOCATE-GENERAL, no my Lord, evidence for that againt Mr. Swetenham, for that he was a most honourable. the marriage?—Yes, about two • or three months after. purpose must be taken by commission. man—but the observation of my Learned Friend peculiarly From that time to the time of the elopement were you. on Mr. TunToN ob s erved he did not believe it would b e act e d calls for, from me, a claim for mitigation of damages. The terms of intimacy with them?—Yes, very much so. on, but thought there w a s nothing to pr o hibit th e L or d s f rom w h o l e case, my Lord, shews only in this affair the ac t s o f M id . On what terms did they live ?—They appeared to live parti- acting on it if they chose. Swetenham—no arts of seduction —none of those arts employed cularly happy; I never saw a cou pl e more so . C ross - exam i ne d H by M r . MONEY—Ow long had you been to ensnare an d b etray, w hi c h usually form the ground of a Did he appear fond of her P—P ar ti cu l ar ly so . acquainted with the plaintiff and his wife ?—Before my own claim for h eav y d amages are here exhibited ; on the contrary, Did she appear attached to him P—Very much. marriage. a witness has been put into that box, who proves that the Is Mrs. Swetenham handsome ?—Very pretty, I think. I think you said the third time they went into the Mofussil defendant never saw Mrs. Swetenham till he went to And he treated her with affection ?—Yes, with very great was in November ?_....y es , it w a s in the beginnin g of Novemb er Futteghur. Your Lordship put a question which I did affection indeed, or end of October. not like to ask, but which I knew must produce a great effect Do you rememb er Mr. Swetenham going on a visit to Cawn- I think you have said that the first time you ever saw Mr. whichever way it might be answer e d. It was s t ate d b y t h e pore in September last?—Yes. • Mr. Macnaughten w as th e day b e f ore th e y wen t i n t o th e Mo. witness that the defendant never was at Futteghur before the How Tong were they there ?_....1 t hi n k th e y re t urne d t o p u tte. fossil ?--No : I think I said, I saw hint first in the district after time the party went out into the district.—[ The Advocate ghur in about a month ;it was either in September or October. leaving Futtehur the second time. General denied that this was in evidence.]—l say there is no u m ssat u wh st ativl h ee a bd v ee e efe k nn n d( o laa r inl n yt A few days amtt e hht v aea i t c tnti l lel e ch, n iber c lev e chfhoao t orm h uei a ses;e t lt brltheyyiellabssrhadoyatehde invitation,eltareh r_ v aie e ntd n_ i . s ataa e iwil e n)at, n dat aihnnhti therefore irwlnle before;—[again hieftovohre,mer_u, howas v cry I.n objected t : . into the district on some business ?—Yes, a few days after; I Two or three days. can't say exactly how many. How long did you remain? Not more than a day. Was Mr. Mangles with them when you joined ? Yes. before he saw , him in the . district with Mrs. Swetenham. I say, Before their departure did you receive any intimation that therefore, that it is a fair inference that he the defendant never the defendant was coming ?—Yes Mr. Swetenham told me he Did he continue with them when out in the district ? yes ; twd h he a i antdhte dente e fht e he n alannt a y3t t ilai F lrr u .t3s t 3 t ool e r g ar n4 l: g u edld r eau b syc e wst f i o eo r bnn e et , f owh o rai r etdh that ttibilleeeei i rnp f ar h rtet e l tsyue h , rdant,dh, that ot h e h e Fien n uru e et y st emt e g r ahli l i an s uv a erde d : • was coming, and begged that if he should come, during his but returned before them 3or 4 days probably. been on terms of intimacy with the plaintiff; yet it is in evi abaence, I would receive him. - Was any body else with them ? Captain Parsons was with them at the time I was, and returned I think with them. Did he arrive ?—Yes ; but. I was not present the day he ar- Do you know any thing of Mr. Macnaghten's circumstan rived : 1 was absent during the day, and returned in the even ces ? No Ido not. s a e n e t n i lived them. with vi t r h h e y m ing, when I found he had been at my bungalow, and gone to Ifis allowances are small I believe? I understand 300 rut hemuch not a s t i n h y e n c l put ien ei t a : t i a i u t n t N so o e o s t w ui h nc a h l- y t mainabiro,tex arcs were:aaninedd join Mr. Swetenham. w as as pees per month, besides his pay and allowances (of his rank,) Did Mr. and Mrs. Swetenham return a few days after that ? from the Company. examined Friend kn paws that tto t h h e a t wouldfa c t ? havet ' —Yes. He is generally considered a needy man ? Report says so : Were they accompanied by the defendant ?—I don't exactly h y ' proved bi it that I don't know. recollect : Mr. Swetenham left Futteghur again immediately tt ' eat r. TURTON. Has he no income besides ? I don't know. a - after their return, and on the day after I followed them ; and The Cou n • Do you know his age 2 I don't know it • but ll3en• But it does appear that a few days after the party went then.' saw the defendant : I did afterwards hear that the defer- l.— his • ' into the district, thisact • 1, - I, , , was committed— objected y the pose him, from appearance, to be two or three and . . dant was at Futteghur when they returned there, but I don't Th i rrt plaintiff s Counsel that it was after Mr. Mangles had left the y• recollect seeing him. party and returned to Futteghur.) I can only say that Capt. Captain JAMES DUCKET PARSONS examined by the AD- Parsons stated that 1 It r. Mangles had left them three or Who was with them ?—Captain Parsons (who is married to,..,has t VOCATE-urENEHAL. four days only, before the party returned ; anti the act of adul another sister of Mr. Swetenham) and Mr. Mangles. Q. I believe you are a Captain in the Company's Military tery proved, •• is sworn to have been committed a few days after When did they return to Futteghur the second time P—About Service ?—A. I am. they went into the district—(objected by else plaintiff's Counsel the middle of the month of November. Do you know the plaintifF9—Yes, I do. that Captain Parsons was not examined to this point).--Well, Was the defendant still with them ?—Yes. Have you known him for any length of time ?—Since about then, it w s • , a. either him or Capt. Smith ;—it was Capt. Smith, How lona did he remain with them ?—He remained with 1818. and I will take his evidence • in preference to that of other wit them till the 23d or 24th of November. Have you had occasion to observe how he lived with his nesses on this point as it stands, or I will give • even a further D ur i ng th a t ti me was M r . Swetenham obliged to leave Fut- lady—whether in an affectionate manner ?—Yes; very much ' time, and say it was five or six day s b e f ore th e return. of t h e teghur again 9—Yes, he was. SO. party that Mr. Mangles left them, which taken with on When was that?-1 think he wished to leave Futteghur to Were you on duty at Futteghur in September and October? deuce of the Choo tt ewillskew' that ,' - ' ' the *- pras. ee, go on the district about the 15th. Yes, I was, spoke to, must have happened after illr. Mangles left. I say, Do yo u kn ow w hy th ey re t urne d the last time P—l heard Are you in any way connected with the Plaintiff' hY mart therefore, that if any of' th ose ar t s , or th a t conduct w hi c h' •" . that they returned the last time in consequence of Mrs. Sweten- riage ?—Yes, lam ; I married one of his sisters—Capt. Smith flame damages, had been practised, he must have kno • in ham it.— ham requiring medical aid, married another. Does it not appear then, my Lord, from all these circum- Why did Sirs. Swetenham not accompany him the last time? Do you know the defendant I—Yes. stances, that the lady was always forward ?—(The Counsel for —Because she still complained of requiring medical aid Do you remember the plaintiff; Mr. Mangles, and the de- the plaintiff denied this.) Does it not appear that a few days You say he wished to have left about the 15th, why did from Futteghurd?—Yes : I ac-fendant going on an excursion companied them.. he not P—On account of Mr. Macnaghten not being able to go , his knee with her arms round his neck ? Captain Smith said Did you remam Lang 1 with them ?_.Fo ur ror five days. I that it must have been either in the 1 • • Ile (The defendant) said there was some mistake about his the time of theparty teginning of November or Bawl; which he had fixed fbr the 15th, and Mr. Swetenhain • Do you remember they returning ?—Yes : in the latter end of October that they went away. Now it think it wasin November returned, I ant not quite sure therefore delayed his departure till the 17th.must have been before the 15th of November that they return- Was the 17th also fixed for the Defendant's departure ? complained of ill health, which was the cause of the date. She , ed, because it was that day that Mr. Swetenham had fixed for of their return. Yes, it was. his departure again after they had so returned. I'll take, Did he go on the 17th P—No, he wrote me saying there had Do you recollect the plaintiff leaving Futteghura • 20th I think. again ? therefore, Captain Smith's evidence, and e ten say that they, been some mistake regarding his dawk, and he had been oblig- Yes about about know tlte went away in the end of October, and returned in the middle of if Captain Alaenaghtenhad then fixed to leave ed to put it off. them Do r " I don't know * except from h Was Mr. Swetenham obliged to go on the 17th ?—I think . 1V as he to have left about the 20th !—Yes : he that time, they had been only one week together when the act was about he said that his business was very urgent ; but he would put itwas committed.—(Objected to ;—urged that it was 20 days 20th . l7 h but as soon as Mr. Swetenham 1 the off till the 20th, owing to I.llr. Macnaghten not being able to gothey had been together.)—l say it is so. But, my Lord, my have one. . on the 17th, but understanding that he would certainly go on to g Captain Smith's Learned Friend shall have a fortnight if he pleases. Taking, Do you remember return to Futteghur ? however, the middl f 1 e o tae periods stated, 1 say it was only that day. t the 23d of November. Did 111 r. Swetenham go on the 20th !—Yes, he did, at least Yea, abou rd 0 . about a week when this act of adultery was committed, and a dine that day a At M S ha 's — Where tr . y r. weten m I think it was the 20th ; but am not certain, for it might have h and Mrs. Smith Bitted there taking into consideration the great probability that the first act Captain Sind there, and the defendant been the 21st. of adultery was not immediately discovered ; and that that rc- Didwas also there. Did Mr. Macnaghten go on the 20th ?—No, any thing • rated in evidence was therefore not the first act of adultery,l you observe a particular after dinner in the do think it extremelyprobable in•" that . three orhour clays only, Did h e m a ke the same excuse to his Bawl: again ?—I don't even i ng i n the conduct of Mrs• Swetenham ?—Y es, I did, I c 1-, Dater the were to . know w h at e xcuse he made, a s I accompanied Mr. Swetenham observ e d her write a note and hand it across the table to Mrs. . _ ~. .y rm., Lo.d, is the slender ground on which your Lordship is to the district. Smith. Duri ng the whole time you have spoken of, did Mr. M called on to stamp my cli ent b y an award of heavy damage s , a s Mac- Did her manner appear as usual 9—N o : I saw t h at some- say, m y L or d, th at f rom t h e naght en cont i nue Dlr. n weten h anl e s gues t ?taxes : as f ar as I thing particu l ar h a d occurred ? but could not tell what. She a cool and deliberate sedu cer . I • which I negative evidence to bare alluded, I have a right to say saw : he was always regularly at table. left the table after writing the note. that he is not so. My client is as carry - 3: as any man can he for Wh ere did he sleep ?-- He slept in a small bungalow at som e Did you return t• Cann Smith's where you lived, in the even- • he i ' .• the crime has Committed , there is, indeed. only one excuse distance from the estate. log ? Yes; and retired at about 11 o'clock. for him : he is a young man, end he is left Did Mr. 'Mangles a l so li ve in Mr. Swetenham's bungalow Was there an alarm that night about an attempt to elope ? with a young and beautiful woman. God forbi a , ra en y t• a ma and di ne at hi s table ?—Yes, h e did, there being no bungalow Yes, t h er e was: I heard that after I went to the house she was that I should impute any blame to the plaintiff' for d this L co o ri r fi , val believe Mrs. morninge. instructed to say, a manor the highest boncur and worth—no tour ?—Yes. Had Mr. Swetenham arrived ?-11e arrived after she return- shadow of blame can attach to him. He has, by no act of his Before you went, was any arran gemen t made where Mrs. ed to the house; but did not see her, and she left the house in merited the heavy •f ' '1 d 1 '• -• • • , re nus ortune--1 se eep affliction which has Swetenham was t o sleep ? — Yes : I think Mrs. Smith invited the afternoon of that day. fallen on him through the conduct of i ity c l ient• I most wil- Sirs. s we t cn h am to li ve in our bungalow during the a b s ence of Did he appear a kind and indulgent husband ?—I never saw tingly admit all tl • L d •** - this, my or, , but I will put • it as in mitiga- Mr. Swetenham and myself, and she accepted the invitation. one more so. Lion of damages, that they were thus leftalone from day Sir. M ac n a ght en i s a British subject in the Company's aer- Cross-examined by Mr. MoarEY Do you know the defend-- owing to vice in the army. ant ?-1 do.unavoidable circumstances. Were the damages to be What is his rank ?—lle is a Lieuten an t, Capt. Smith has said the defendant dto be about 33 appeare proportioned ' P to the measureinjury sus tained—could they of compensate for the sufferiofan injured husband, I should ngs He also holds same other situation a_ _Yes he is Deputy Judge years old, I understand he is only 25 : how do you reconcile id d ' ' Advocate General. that P—l was just mentioning to a gentleman a little while ago, nee admit that heavy damages were ustly claimable. But I say, that theplaintiffhere fill his does not come to pockets, I believe you accompanied Mr. Swetenham ?—Yes. that 1 thought he was about 30. but to g et rid of a who has disgraced him, and er Wh en did y ou re t ur n I—On the evening of the 23d of Examined by the COURT —He had not been at Futteghur , woman . ., 1 1 - naps to form another connection in which he may seek for that November. before as a visitor of' Mr. Swetenhamns. he has last in this. I say a 'air that no blame can Did you find that Mrs. Swetenham had lived at Mrs. Smith's CAPTAIN lIIWEN MALIN°, Examined by Mr. TURTON. attache happiness him—that . ' ' No :on the contrary I found she had only been there by invi- Q. You are a Captain in the Company's Service ?—.l- I am. to no mar_ con be more free from the most tation. Are you Paymaster and Postmaster at Cownpore ?—I am.remote melon of any ii 1, te connivance or even neglect. Sus tl ng i But the injury has out of accidental circumstances which Did you find the party at your house going to dine at Mr. Do you know the plaintiff and his wife ?—Yes, very well. left in , arisen. _ the persons situations in which I say . a very large portion Swetenham's ?—Yes : and I dined there also ? On what terms did they appear tolive ?—Extremely happily, of mankind would have been unable to resist the extraordinary Did the defendant dine there also ?—y es , as far as I ever observed. temptations to which my client was exposed. With respect to You knew Mr. Swetenham before was married 2 —Yes When you first saw Mrs. Swetenham on your return that day, the time they landed. she • * ' the evidence, as far as it goes to the claim for heavy da did you make any observation as to the conduct of Mrs, from NVhat was her conflict sin ce her marriage ?—I have seen . in mages, I must say I never saw a weaker case. But even Swetenham P—Site appeared very much astonished at seeing me . andhusband admitting it to be stronger, what is the situation of my client ? tier herevery year nearly : they have lived my so unexpectedly. He is a Lieutenant in the Army, 1 • laving only three him had she make any observation ?---Sh e asked is Swetenham and always appeared to live happily. house in dyed rupees per . . . mouth, besides his pay and allowances for Do you remember October last the defendant's leaving had come in with me. e' that rank. It is in evidence that he is a needy man, and the da etogo on a visit to the plaintiff? Yes I You observed nothing extraordinary till he left the house at Caivnl?• did receive p ' do. mages that may be awarded must fail with severity on him-- 10 or 11 in the evening ?—No, nothin g . In November you any letter from him about the ' 'd be shew ' some lenity, I think, heavysaout • nin consideration of these dawk ?—Yes, about the middle of the month he made a re- Did you go to bed ?—Ves• circumstances, but if damages are awarded he must go for a dawk for himself about the 17th, which I imme- Were you called up in the night 1— y es : a servant came quest . to jail, for his circumstances will not enable him to pay them, diate y ordered. 1 over to request I would go to Mrs. Swetenham's, as they did nor do I believe that he has a friend who will come forward to s it countermanded ?—Two or three days I not know what was the matter. This was about 10 minutes Vl'''' ondo so. the same day two letters, the first it for afterwardsthe ordering after I returned. (Being requested to detail what passed, the received 19th,and the last letter for the 21st. Sta. ANTIIONY BULLER.—Certainly the only question witness proceeded thus) I paid no attention to the first sunlit_ Si ANTHONY Bu aLE R observes} that parole evidence could here is as to the amount of damages : as the cause went on I mons, but shortly after received. another by . other servants that made up my mind as to the damages, and nothing I have heard came. When I went over I found Mrs. Swetenham dressed, not he received respecting a letter n ot m, e, _ produced. it off in the speech in mitigation or defence, has at all tended to af h • fterwards go by dawk P—No •he put and leaning over her child which was asleep in a cot. I asked feet the decision I had come to. I believe indeed that that de offrom the 21st to the 23d, and didnot finally again by dawk. her what was the matter that she was out of bed at that time _ The n ti e did him ar- fence is a defence of Counsel unauthorized by instructions : I you see at Cawnpore ?—The day of his night ? When I think the 0 1 do certainly mink that the plaintiff comes here in a situation Well, what was the ma • tter 2 —(Mr. Money objected to the rival—it wasre 24th or 25th. In his order for the dawk, did he order it for one person or the most favourabletocommand damages. We have the conversation hieing repeated.) d`, two ?—ln the whole of th e d aw k s h e or d ered, bearers enough strongest evidence of th e h a ppi ness i n w i nc h t h e parties live Did she appear distressed in mind P—She did. prior to th e a d u l tery , an d t h e f at h er of the unfortunate young for two travellers, viz. 18 b earers . Did Mrs. Smith and Miss Swetenham come over after you ? When your saw him on the 25th, what did he say ?—I in- woman gave his evidence in a way that must have appealed. to Yes they did. formed him of his dawk being still on the road, and he ordered every feeling heart. I cannot exactly gather from the evidence Did you press her to go to bed ?—Yes, I did ; I requested it to be taken off immediately. how long the defendant had been acquainted with the plaintiff; the ladies to get her to do so, and left the room. Did he say any more ?—He said he had come down by but it would appear some time before they . went on this excur- When you left the room did you discover that any of Mrs. water, Inc did not know how ; that there had been a break up sion ; because he came to Futteghur by invitation of the hus- Swetenhands things had left the house ?—The servants inform- or a great row at Futteghur. band, who left instructions with Isis brother-in-law to receive ed me of it, and I afterwards discovered their information to After that, did you at any time see him with Mrs. Sweten- husbancl's)a him at his house during his (the , bsence. He came be correct. ham ?—I may have met them ; but I saw th em o n one o ccas i on according to that invitation and arr i ve d w hil e t h e plaintiff wars Where did you find they had been removed P—To a boat on walking in the verandah of the defendant's house at Cawn- absent ;he did not however stop at the house of his (plaintiff's) the Ganges, hired by Mr. Macnaghten, pore. brother-in-law, Captain Smith s , b u t p rocee d e d to j o i n the party You then sent Mr s . Smith and Miss Swet en h ain home?— Did you not see him afterwards ?—I did not. in the district. According to the evidence of Monaca) Chore- Yes; I requested them to go to my bungalow. 'When did you see them in the verandah ? —ln the end of ssee tile crime was committed twenty days after this.— toPRe r is' indeed direct' evidence ' • e Did you then endeavour •to persuade Mrs. Swetenham not January. pursue the plan she had formed ?—Yes, I did ; I told her CHOOAR AYAH—Examined by the ADVOCATE-GE- for this in a like case this, wnere it is proved that the partiea I had discovered it, and endeavoured to prevent her adopt- lived most hl together, in the greatest affection until this NE RAL. •1 crime was committed? The only thing late an argument. in ing it. Q. In whose service are you ?—A. In Mr. Swetenham's. Did you endeavour to persuade her to go to your bungalow till Mr. Swetenham should ret u rn ?—Yes, I did every thi ng I Do you know the defendant ?—Yes. mitigation, is, that the lady m a y h ave f a ll en too eas i ly, that Did go Sir, and Swetenhamand the defend-you w ith could to get her there. petted in her case. But when it is considered that she was then ant in a party from Futteghur, about ten months ago ?—Yes, , • But I believe she refused to go ?—Yes ; and I only succeed- last cold they took with them. ed by carrying her to my house by force. Do you remember Mr. Swetenham's going away ?—Yes ; lie 3o, think,even this I that You then sent for Mr. Swetenham ?—He was sent for ; but that the damages I have made up my mind to give will not be duty Aher behind. went on ant left not by me. Did you see any thing pass the day after Lieutenant Mac- . thought excessive. I shoult be sorry in such a case to give Did Mrs. Swetenham, make attempts to escape from your naghten returned to Futteghur ?—Yes, I saw. damages that might be thought too small, and I would at the bungalow ?—Yes, she did ; twice. (She also swore directly to having witnessed the act of guard , . same time a ga i n st awarding such 44 would incarcerate Mr. Swetenham retuned about seven in the morning of the ' the defendant in jail f or life. I scarcely know, however, that I adultery.) am even at all in this case is taking this into con- In 24th ?—Yes, about sunrise. Have you seen Mrs. Swetenham, since ?—Yes, at Cawnpore, ~ . justified . . I the mean time you had removed Mrs. Swetenham's I had gone to an ayaii who owed me some money, and saw 1 sit eration. Under all the circumstances, therefore, pronounce at things from Illacnaghten's boat ?—No ; Capt a i n P arsons Mrs. Swetenham and the defendant walking in the garden at a verdict for the plaintiff=-;Damages, q ..-'WELVE THOUSAND had. RUPEES. the defendant's bungalow._____ Mr. Swetenham on being informed of what had tak e n pl a ce refused to see her again 9—Yes ;he refused ever to see her How long ago ?—lt was two months and a few days ago. again. Were they living together ?—Yes. Captain ,'haling called again to prove the ju r i s di c ti on i n that she should have a choice of where she would r es id e ? Did he authorize you to propose to her an allowan c e, and March last.—(lt was proved by another Offic e r in Court .;* but as he was not pat into the witness b ox , but examined Sir ANTHONY BuLLER.—Is that evidence? where he stood, our Reporter could not distinguish whether it Witness—Yes, I did. was one of the witnesses or not.) Did Mr. Swetenham offer to send her to England ifshe would SPEECH IN MITIGATION OF DAMAGES. reside there ?—Yes, or any where in India. The evidence for the prosecution bein g c l ose d, Dl r . MONEY Did he make it a condition that she should reside alone ? declined calling any evidence, but rose and addressed the Court Yes, he made it a condition she should reside alone, and offered in mitigation, in substance as follows : her on these terms an allowance of 300 rupees a month. My Lord, it was not my intention to have addressed your Mr. MONEY objected that this w a s n o t ev id ence . Lordship at all in this case, and b u t f or an o b serva ti on o f my Learned Friend, calling on your Lordship to award heavy da- The ADVOCATE-GENERAL submitted: it was evidence as mages against my client, I should have adhered to my pur to the conduct of the husband, and that she had not been driven by necessity to the course she subsequently adopted. Mr. MONEY considered it irrelevant, but thought it would do no harm. We are desired to state that Mr. BELL does not intend to retire from the Profession altoge ther. has declined taking any more Court business, and intends to confine his practice to Chamber business.—(Times.) John Lay, a native of Tipperary, was appre hended near Black Church, charged with the murder of John Fitzgerald, who was found with his throat cut in his bed. The description of Lay was given by one of Major TANny's Police to some workmen employed on the road, who apprehended him. They were assisted in es corting him to Naas gaol by a Gentleman tra velling in his carriage. —(Irish 'Times.) * The jurisdiction was never denied by 114. iUoney, but ad mitted from the first. —It was deemed important, however, to prove it with a view to referenc e to f u ture proceeding...a e _ porter. She said she would consider his proposal ?—Yes, she did :