The Sun. — London, England, 1827-02-19 00:00:00

afw:d niSTAUCTION OP THE DIAMOND FRIGATE BY FIRE. We are sorry to announce the destruction of his Majesty's ship Diamond, of 46 grins, by fire, while lying in ordinary in Porte trivath Herb Our- Happily no lives were loot. The following otter from an Officer a tePortsmouth e gives some interesting parti *tilers of this unfortunate circumstance : Poisereatotrne, Fan. 28.—1 t blows almost a gale to -day from this Northward and Eastward. - There have been no arrivals, nor there a vessel ef any description • t Spithead. At about four o'clock this morning a fire broke out on board his Majesty's ship eri.ienesood, lying in ordinary in Porchester Lake. It was instantly perceived by the Officer of the watch, on board the Victory, and a signal made for assistance, which was as promptly answered, and the boats °tall the ships in the harbour, with fire-engines, he. he. repaired with the utmost expedition to endeavour to ex tinguish the flames, which were, however, from the height of the wind, far too powerful for their united efforts to subdue, and the ship continued burning till the fire consumed her to the water's edge. At the time the fire broke out, the carpenter and two rota men were on board, and the accident is believed to hare ori ginatew in the carpenter's having neglected to put out a Ere which lee had yesterday been using for the purpose of steaming some wood, with which he warrepairing or bnilding a boat. Much eredit is due to the Officers and seamen employed in the boats for 'he promptitude of their exertions on this occasion ; though, fretn'the sudden fierceness with which the fames burst lorth, the fire meat hove taken too firm a hold of the internal part of the shin before it vies Aieievered, to afford any hope of being able to eetinguish it. Since I commenced my letter the wind has in ereaeed 'e7 pia, and the ships ha: e struck lower-yards end top .vh. PRICP, OF - IRISII!STOCKS, FEE. 16. $-t"ak 5t.........it ...,.... ....... . ..... ... ! St. Patrick Inlur. (per share... Conlies, Zi per !.....tr.t ..... Si ',!!• ! Royal Irish Ditto — f 1 ! , ,, Stca, 3!.:! !:!.fr cent.. .....ra I Vati!.7.ral T/itto ..,.. ..... : ........ Ditto, : , :e.! ... .„..... „ ....... ....... F. 7•7•,:, : Patriotic I)itto -- 4 ;0.• , ..re-t CA . Si: ' Ilibeznian :-. ink Gov:, Del). '--, V •)e- - ...if.,...,. - .7.i • ..n..! .-.• ,c , .. - . . .... ....,...., I Royai Irish Mine — (rAriffrallit'it,clc Citr Dth. 4. per cent. -,- . I,liniiw Co. of Ireland Bellif.i tt eg4r - : r)c , . - . :!!!:ar -,!•;it, Thrn:rt v.!•. - ,113,111(1:ns3 ...... __ X::: i; A N D 0 N 17f. ..)5. •' HA MAT - WP "t r - • -••;.2. -:"lrk!uter• JAW:. X.!..--C):75-1 6 . Vits. :6 1 .1;. • Br.aLf.7, F. I.?.:—Three Mcnthf, 2 7.2t4,,.. . LONDON, WYNI• EVENING, FEBRUARY 19, 1527. It became cur painful dety to announce, in a Se cond Edition, on Saturday afternoon, the afflicting in tellig,ersee of the alasming illness of the Earl of Li vxR POOL, and-it is with the deepest grief we have m.--v to confirm to the fullest extent this sad intelligence. His Lordship suffered on Saturday forenoon a very severe atta:le of apoplexy, which for a rime deprived him of ti - neensation, and from the effects of which but slight hopes are entertained of his recovery. We understand that his Lordship was apparently perfectly *ell at breakfast time on Saturday morning, and retired to his etudy after that meal as usual. He was there alone, and engaged in opening his letters, when the sudden illness seized him. He fell apparently lifeless on the floor, in which situation he was soon after discovered. A medical man was in the house at the moment of this melancholy occurrence, and he immediately bled Lord LtettkPoon with a slightly beneficial effect. Several other Physicians and Surgeons were instantly sent for, and remained in attendance on his Lordship all Saturday, leurtio material improvement in his state took place dur ing the day. His Lordship was somewhat better yester day, and occasionally showed signs of returning recol lection, and once or twice spoke. It is distressing to us to add, that the whole of his Lordship's left side is paralysed, and that his situation is considered ono of extreme danger. If, however, his Lordship's life should be spared to his family, we have been given the painful assurance that he will never be able to resume she arduous duties of first Minister of the Crown. Various rumours of the illness of Lord LIVERPOOL got into circulation during Saturday, but they were not generally believed, till our Second Edition was printed. The news then spread rapidly through the town, end it is impossible to deacribe the consternation as well as grief which was manifested on the afflicting event by all ranks and classes of people. During the whole of yesterday the utmost anxiety was evinced to ascertain the particulars of the Noble Lord's state, and the general opinion of the calamity which the country has sustained, has in some degree been shown by the effect it has produced on the Funds, which have fallen between two and three per cent. since Saturday morning. But no human being can yet estimate the extent of the calamity to the. country—nay to Europe and to the world at large—which this visitation of Almighty God may occassan. The En': of LIVERPOOL, from his talents, his sound principles as a :Statesman, his undeviating rectitude, and his moral character, in an extraordinary degree possessed the confidence of his SOVieRTIGN, the Legislature, and the Nation.— Habituated, too, from early life to the cares of the State, and having filled the highest office in the country for -15 years, during a period of unexampled difficulty, end with unexampled success, his experience, and she conviction which all felt of his desire to do right, gave him an advantage. ? both in conduct, and with., regard to the public opinion of that conduct, which none of his predecessors possessed, and which it will be difficult for any of his successors to attain. It is not now the time - to expatiate on his services as a Mi nister and his worth as a man, but posterity will do justice to the former, and the latter will meet with an eternal reward. How and in what manner the loss of his Lordship's services can be filled _up, it would be idle s o a e - e eenlate upon; but. as long as Great Britain „a ds as a mighty empire., ehe will never have to mourn the loss of an abler, a more successful, a purer, or a snore Constitutional Minister than th e Earl of e vER TOGL, In war tend in peace he has nobly sustained the purity of her institu tions, and the feeedorn of her people!. 'Fp; o'cLocx. tottle resFoctiiig the be:lith'of the Earl of Liverpool W&°, that hi Lcr.l4llil) was rsuch :tie same this morn it i -11:51;'VV40*haiIiiosc,krt c:rEtiti.6. night, but on the whole toss nna . w * e nrates e s y. Since writing • thst , 1),3y6 we understand that the volt Thrfte iinssandaSurgessiss who attended the aarl . nf . ; .efiir , -itb - dti t '4!*.tilght assembled a t Fife noun ea. aeb aeaeing, when 'they fo un d t h e N o bl e .Eari some what better, and not in go much immediate danger as they app s . s . : t eded last night. The following was issued , &La e t o our i nqu i r i es up a bout tw .7 - ...ts'elock this day we were. i n f crrne d t h at no to a late been' this afternoon, rneterialfralteration had since taken place in his ord ship's-at4 Lord Liverpool has rind 1 tolerable good night, and is a ißle better this =o.lllog. We have received, since our last, the several F renc h - ViiiS s tiaof Friday and Saturday, ':id the Etoile aated yes terday morning. They are chiefly filled with debates on the Law of th e Press, a nd with intelligence and rumours' from Portugal, the interest of which has been much lessened by the more recent news received di rect from thence. It is, however, stated, that the Rebels, after their failure against Oporto, have retreated precipitately towards the frontier of Gallicia. We subjoin the LIES C'E THE DAY in Saturday and Sunday's Etoile, a;; ,:fnbodying all the rumours afloat in Paris, with an extract from the Quotidienne of Saturday, in which it is stated that a Courier had ar rived at Madrid on the Bth, bringing, as it was re ported, a declaration of war by Portugal against Spain, but this is one of the rumours contradicted by the Etoile. The French Funds appear rather to have advanced. (From the .Etoile of Friday.) " LIES OF THE DAY. " PARIS, FER. 15.--TheMentoria/ Bordelaill.—The Portu guese Refugees having rall:ed, arc said to have beaten the Consti tutionalists. General Clinton, who commands the English troops, had sent a commissioner to the Marquis de Chaves to treat of an arrangement, but the latter refused anv proposal. " The Journal du Commerce.—The garrison of Pampelnna 14 going to be increased. " The Courtier Francois. —The regiments of Guards in gar rison at Rouen, Orleans, and Compiegne, have received orders to approach the capital. " The Same.—The Spanish Government hopes that France will support it against the Portuguese Government the founda tion of this hope is, that France is forming on the frontiers a kind of Army of Observation. " :Cite Same.—lne journey of M. Maria has been deter mine.i, because it has not been thought proper that the Duke of Bordeau: should be educated according to the habits of a convent. " Letters from Trieste of the 3d of February say, that a vessel wh;ch had arrived 'here is S days front Alexandria, had brought ner. that the fleet was expected to return to Egypt to take on board 9.0:11e troops, which are to be conveyed to Navarino, and act in the ::Mersa in the spring under the command of Ibrahim _ . . . (From the Quotidienrc of Saturday, Feb. 17.:' BAYONNE, Fez. 12.—We have just leas fled. by a Courier who '.eft Madrid on the 9th, that news had been received there of she june:tian of Ger. - •eie Cha‘'ee, Silveira, and Montelegre, at Braganca, and that the three corps unite,: under Silveira, forming togeeher abuse 10,300 men, advanced towards the bridge of Ama recite, where they met the Constitutional troops, which, after a very warm action, were obliged to let them pass. " The Rovalieta continued their march towards Oporto, leaving a strong guard at the bridge of Amarante, and driving the Con stitutional troops before them, who relied in disorder, after aban doning 5"0rr.: . : piece, of artillery. " A Pm.ttiguese ccurier arrived at Madrid on the Bth. The contents of his despatches were not officially known, but it was reported that he had brought a declaration of war by Portugal, grounded on the reception afforded by the Government to the refugees who had left Beira, and the facilities which it had af forded them to effect their re-entrance into the province of Tras os-Alontes. "These news have caused the greatest sensation at Madrid. — Several Spanish officers on furlough, are said to have set out with secret permission from the Government, to serve in the Royalist troops in Portugal; they will find there many of their countrymen." Pasts, Ffe. 16.—The imponance of the debates in the Cham ber having hindered us yesterday (and still doing so to-day) from communicating to our readers the letters which were received by the last mail from Spain, we will give an analysis of them :--- "M. de Lima, the Portuguese Envoy, was preparing to quit Madrid, because he had not been able to obtain limn the Spanish Cabinet the recognition of the Constitutional Government of Portugal. " General Sarsteld, Commander-in-Chief of the Corps of Ob servation, has removed his head-quarters from Talavera de la Reyna to Caceres, a point very near to the frontiers. " Ten Regiments of provincial Militia had received orders to hold themselvee in readiness to set out for the army. There was great eagerness among the Royalist Volunteers to enrol them selves in the brigaLle intended for the Army of Observation, " A Royal Decree, ordering a quintet (drawing lots of 24,000 men) was to appear immediately. " A vessel from Rio de Janeiro, which has arrived at Gibral tar, has annoanced that the fleet from Chile had entered the Rio de la Plata, and joined that of Buenos Ayres." (From the Etoilc, dated Sunday, Feb. 18). " Pasts, r-, R. l7.—Letters from Madrid of the lath an nounce, that the Portuguese refugees, who after taking Braga were marching against Oporto, have retreated precipitately to wards the frontiers of Gallicia, on learning that the troops of the Regency were advancing against them." " LIES OF THE DAY. " The Courier Francais.—Notwithstanding the ministerial denials, a list of 20 new peers was agreed npon, and the list air eulated was nearly exact." " The Quotidienne.—A Portuguese courier has brought to Madrid a declaration of war by Portugal, and several Spanish officers are gone with the secret permission of the Government, to serve with the Portuguese refugees." Faxxcu FL'mns, PAnts, Fxa. 17.—Five per Cents., 101 f. 5. 10. 10. 5. 10. 5. 101. ; Three per Cents., eIS. 55. 50. 45. 1,5. 60. ; Bank Stock, 1,990. ; Bente. de Naples, 74. 65. ; Rer•es d'Espagns, 11. ; Royal Spanish Loan, 551. 55. Ex hang. on London—One month, 25. 40c. ; three months, 25. s3c.—Coors Authentique. Another list, printed at four o'clock, gives the Three per Cents, 68. 50. ; Five per Cents. 101. 15. Frankfort Papers, to the 12th inst. came to hand last night. They contain no public news. There have been violent storms of wind in Prussia, and in several places in the north of Europe. The snow in the province of Glats lies so deep as to up the villages, the inhabitants of which have been obliged to form tunnels under it, in order to get out. His Majesty the King of PRUSSIA is nearly well ; he can now walk through the palace. The Allgemeine Zeitung, to the 12th instant, has been received. It confirms the accounts relative to success. Brussels Papers, to the 18th instant, were received last night. They contain no news worth extracting. New York Papers to the 14th. January were received in town last night. They do not contain any intelligence from South America, nor, in fact, any other matter of much importance. The Legislature of south Carolina are about to modify the law relative to the introduction of negroes into that State, which has been a stumbling-block in the way of the Treaty with Great Britain. 1 These Papers contain an estimate of the appropriations ! for the service of 1827, amounting to 10,282,929 dollars, I and a Report from the Secretary of the Navy, by whichl 1 it appears that the whole naval force, with the exception of imree iiio,tes, could be prepared for active service at A.l in a sew months, if the situation of the United States should re quire ir. We subjoin the present distribution of the American ships of war in commission :- 1 Ix TiiE !frpi.ri ,- .I;RA NIAN. --North Carolina, 74 guns, Com. John Rodgers; Constitution, 4- guns, Ontario, IS guns; W u ., ren; IS guns; Porpoise, 12 guns. IN THE WEST IxDizs.—Constellation, 36 guns, Com. Charles G. Ridgley ; John Adams, 24 guns ; Hornet, 18 guns ; and 1 Grampus, 12 guns. Ix THE BEA ZlLB.—Macedonian, 26 guns, Com. J. Biddle ; 1 Cyane, 24 guns: Boston, IS guns. i Ix rNS' PACIFIC.--United States, 41 guns, Corn. Isaac Hull; Peacock, 1O guns: Dolphin, it guns ; Brandywine, 44 guns , to relieve the frigate United States; and Vincennes, 18 guns, to relieve the Peacock. ; lON SPECTAL, Smavicz. , --Lexington, IS guns, (will sail in • I day or two with Capt. Ridgley, for the West Indies) ; and Shark' 112 guns. The latest intelligence from Portugal, both direct and through France, leaves no doubt that the bold attempt made by the Royalists on Op or t o h a d comp l ete l y f a il e d, and that the Marquis D'ANGEJA, Count VILLA FLOR, and General de Mm..L.O, having waited their foroes, were pur suing the rebels who wale in rapid retreat towards Galli cia. But although this renewed attempt by th e R oya li sts has been thus expeditiously, and we hope effectually frus trated, the circumstan ce of their having been able to make it, has astonished those who have not v•ewed th e con ' uct i of the Spanish Government n the light we 'nave done, and who took up the hasty notion that because the forces of the Marquis de CHAT;ES had been defeated on the 9th by VILLA 71.014, and had been obliged to retreat into Spain, they would there be disarmed, and prevented re• newing any hostile attack against Portugal. We have never credited the promises said to have been made by FERDI NAND to lend no further assistance to the Royalist cause, and the events of every day convince us of the correctness of the opinion we have formed. We had been told in the communications from Madrid, and by the French Papers, that the Marquis de CRAVES was on his way to Paris, when at that moment he was preparing the means for another irruption into Portugal, and immediately after wards is found close to the gates of Oporto, instead of in France. So, also, the French Papers told us that the Count de VARSEN and his family had been sent into the Interior, and that several Portuguese parties had been dis armed and removed. limn the Frontiers. Yet, we find that at the same moment or immediately afterwards, this person was ca-operating in a combined movement against Mramo. To believe, therefore, the assertions of FERDI NAND or the French Papers, respecting his conduct with reference to Portuguese affairs, is the heighth of folly, and we have riot the smallest doubt that the Rebels will meet with another friendly reception, if they retreat into Gallicia, and be allowed there to arrange subse quent proceedings against the Portn. - Hese Territory. This, however, must not be permittesi; Loyalist party in Portugal ought at once to be shown the utter hopeless ness of their cause, and Spain must be compelled to dis countenance all support of it from her territory, and to seize and disarm the Rebels on their retreat into it. To Ajects, arc canvi:lecd the most effectual means would be the sendlng additional number of troops to Portugal, which would add to the confidence of one party, and throw further dismay into the minds of the other: while it would also prove to FERDTNAND that Grew: Britain is too deeply interested in the fate of Por tugal to allow any further in►terfeerence with her affairs on the part of Spain. Rumour is busy on the subject of a successor to the high office of the Noble Earl, whose melancholy state of health renders even the continuance of his life highl , pre carious. 'Siotvrithstanding, however, all the reports which are in circulation, we believe nothing is certain, except that Mr. PEEL and Mr. I..!7sHirewroN proceeded late on Saturday afternoon to communicate the afflicting news respecting Lord LIVERPOOL to the KING and Mr. CAN NING, and that Viscount SIDMOUTII has been sent for to town this morning. The different theories suited to th e w i s h es of the respective parties are sufficiently ingenious, but it is evidently impossible for any one to do more than merely guess the issue of events depending on so many contin gencies. The Times supposes that the Duke of WEL LINGTON is aiming at a prominent place in the Cabinet, but with all our admiration of his Grace's military talents, we can no more fancy his depriving Mr. CANNING of the Civil Government of this country than we should expect the Right Hon. Secretary to sail in command of the first military expedition which leaves the kingdom. Like Wolfe and Chatham, each is great in " his field of fame, " One in Arms, and one in Council." The Noble DUKE has lately succeeded to an office vacant by the death of the Heir Presumpti , re to the Crown, and we should regret his quitiir.g the ,very summit of a pro fession in which he has covered :Itimself with glory for a new scene of &7.tion, whers greeter or equal success is hardly poFNble. SECOND EDITION. SUN OFFICE, Hay-past Five o'Clock. -DEATH • arm!. Ot Or THE DUKE OF CUMBERLAND. It is with much regret we announce that intelligence has just been received at the Foreign Office of the Death of the Duke of CUMBERLAND. His ROYAL HIGHNESS has been abroad for some time, and rather in a bad state of health. His Royal Highness died of inflammation in the chest. THE FUNDS-(THIS DAV). CITY, Twelve o' Clock. The English Funds hare been in the most alarming state of agi tation, and hays varied so mnch that it has been extremely difficult to get at the ac'ual prices. Console opened at 80, but immediately after wen; down to 79k, it was afterward!: said they had been done in large amounts at 79, hut the actual lowest price has been 796, they afterwards rallied, and advanced to 806 and have settled at 80e I, in a rather more tranquil state; India Bonds and Exchequer Bills are lower, the former being 50 2, and the latter 28 SO pm. The Foreign Funds hare partaken of the fall in the English Securities; Colombian Bonds are 36} 7 ; Mexi can 6 per Cent., 66 a ; and Russian, 88 9. Shares are quoted still lower, Real del Monte, 50 ; and Tlalpuxahua, 35 45 pm. Colombian, 13 15 per Share ; and Anglo Mexican, 35 2i die., but no business has been done in any which deserve notice. Foitittax FUNDL—Braziliau, 64 5 ; Buenos Ayres, 38 4 ; Chilian, 35 '7 ; Colombian, 1824, 36i 7 ; Danish, 59i 60 ; Mexican, 6 per Cent., 86 1; Peruvian, 88 4; Greek, 14 ; Russian, SS 9 ; Spanish, 136 Minx,. Anglo Mexiean, 22i die. ; United Mexican, 11 Real del Monte, 30 pm. Colombian ; P B m ol . iy ; ar, 1 2 pm. ; i l i B siail u p ' s i ft s x . pera ; hu ß salhar rax s iii : n4:s Po pP eo. a"lr si ,ll; 2o 2 per Share. Two 0' atele. Congolt *re steady at Sai and 80i for next time. THREE 0' GI 0 alt. Consols for account, SOj. FOUR o'CLOCK—CLOSING PRICE. Consols 80i Danish Poi:ds 60 Do. for Ac. 80a Greek Do. =S2S 16i Brazilian Bonds 63 Mexican Do. 1825, 66i Buenos Ayres Do. 52i Peruvian Do. 34 Chilian Do. - Russian De. 89 Columbian, 1824, 37-1. Spanish Do. 13 THE EARL OF LIVILWOOL. ADDITIONAL AND LATEST PARTICULARS. . _ It is with extreme regret we have to announce to the public a mots alarming and sudden attack, which the Earl of Liverpool has experienced ; and which is the more unexpected, as the Noble Earrwas considered to have been in the enjoyment of most excellent health, ever since his return from Bath. The attack took place on Saturday morning, in the following manner :—The noble Earl, after breakfasting loon after ten o'clock, alone, in his library, at Fifss.house, Whitehall, had had the post letters brought to him, and remained so long without ringing the bell for Isis ser vants to take away the breakfast things, as to exe'te the suspicion 7 t fallen of his domestics that his Lordship had bee n taken ill..—His Lord ship's butler, e t r o . e.sTihde e le in consequence, went. to the librar y , and , on enter inge tits apartm ent , b e h e ld hi s L o rdship stretched on the floor n e tot hadinl es e and i speechless, i u evidently of his L or d s hip, s sad y fromhe in d ta : n w tl nw alarmed the Countess, and the the act of op en i ng a l whole of the household, whose consternation may very easily be imagined. Dr. Drover, his Lordship's physician, who had attended his Lordship during his late indisposition, happened at this critical moment to call, on a friendly visit, to inquire after the health of his Lordship, and immediately ran to his Lordship's assistance, and sent off messengers, without loss of time, to Sir Henry Halford, and Sir Astley Cooper. Sir Henry Halford soon after arrived, as did also the nephew of Sir Astley Cooper, Sir Astley himself being at his country seat at Gadesbridge, Herts, whither an expt es. as forwarded, and Sir Astley instantly came to town and attended his Lordship in the evening. Th e me di ca l gentlemen bled the Noble Earl, and also applied leeches to his head. The fit with which his Lordship was seized was both of an apoplectic and paralytical nature, and has affected the whole of his Lordship's right side. CREW CON. LAW INTELLIGENCE-(THIS DAY). COURT OF COMMON PLEAS. SIR JACOB ASTLEY r. GARTH. Long before the doors of the Court were opened, the crqwd assembled in the Hall was most excessive, anxious to get a place in Court to hear this trial; as soon as the doors were thrown open, every corner of the interior was filled instantaneously. The following Jury was then sworn :—Special Jurors, Henry Spencer, Henry Sass, William Pickford, Edward Layton, William Hussey, Le Grew limey, James Put man, Alfred Battison, and Thomas Linrop, Esquires ; and Common Jurors, Messrs. James Edward Haddol, James Jennings, and Henry Lambert. Mr. GUORGR Bee's. opened the pleadings. He stated that this was an action brought by Sir Jacob Astley against the defendant, Mr. Garth, for compensation in damages, for an injury he had sustained. The pleadings stated, that the defendant had had criminal conversation with the plaintiff's wife; the defendant had denied it, and this was the issue the Jury had to try. Mr. SCARL'ETT rose, and addressed himself to the follow ing effect) — May it please your Lordship, and Gentlemen of the Jury —I have the honour to appear before you, on behalf; of Sir Jacob Astley, who has been reduced to the painful neces sity of appearing before a Court of Justice, in one of those eases, in which, if a loan could control tile events of his own life, he world be the very last to appear in ; and he seeks to r over by your verdict, such compensation, as you shall think can be afforded to a man, who has lost, not oily the greatest com fort and consolation with which the life of man can be blessed, but who has lost the tenderest wife, the most affectionate compani ia, and the kindest and tenderest mother, all by the seduction and artifices of the defendant. Gentlemen, cases of this kind, have, in our time, unfor tunately been so numerous, and have been so often made the subject of discussion in Courts of Justice, that I know not whether an Advocate who professes to treat on such subjects, by endeavouring to point out either the enormity of such offence, the greatness of the injury, the wound it inflicts on the husband, or the breach of faith that eai:as in the moral orders of society, may not be ac cused of trespassing on the proper feelings of society, by endeavouring to tear to pieces the character of the indivi dual who comes under the subject of an address to the Jury. Gentlemen, I shall make no such attesapt to-day ; it will be enough for me to state simply to you, the facts of this case, in order to call your attention to one, which, I think, without exaggeration, will entitle the plaintiff to your verdict, and will call upon you to make him an ample compensation in damages. I apprehend that the rule by which a Jury are to be governed in such cases, is that rule which will enable them beet to estimate the loss the plaintiff has sustained. It is very often, by the arts of au advocate, rendered a point of discussion, what has been the peculiar demerits of a defendant; but, whatever those demerits may have been, they are introduced to your notice without having an imme diate relation to the injury the plaintiff has sustained. I, for one, conceive there is no justifying such a course of conduct; I shall not, therefore, in this case, enter into any discussion of the peculiar conduct of the defendant, excepting in so far as it immediately relates to the injury inflicted on the plaintiff, that injury alone being the only point you have to consider, and the only criterion by which your damages are to be governed. Gentlemen, Sir Jacob Astley is descended from a noble family; his father has long represented the County of Norfolk, and is of known reputation. During the period in which Sir Jacob was acquiring his educa tion at Oxford, he became acquainted with a lady, who is a party to this trial, and was the daughter of Sir Henry Dashwood, a gentleman of high honour and dis tinction in Oxford. This was at that time of life when impressions of this sort take the deepest root; he became attracted by the charms and amiableness of this lady; his acquaintance with her was improved during the whole of his remaining stay at the University; his attach ment was returned on her side, and was rewarded by her hand. I think you will find that in the month of March, 1814-, he having been then within a few months of age, became the husband of this lady, with the ap probation both of his and of her friends, and under auspices that were likely to render a marriage between them the hap piest that could possibly have been thought of; her age was, I think, about six or eight months more than his ; her beauty is great; her accomplishments remarkable; her disposition the sweetest ; and her temper the most mild. They mar ried in the presence of their dearest friends and connexions; and the consequence of that m arriage "'as, that the union of the two families became much firmer cemented than before. From that period until the unhappy time, when the defendant was introduced into their fatn:iy, they passed a life of uninterrupted pleasure, and uninterrupted bliss. Sir Jacob, who had a splendid mansion in the County of for Norfolk, ni t a l r i r a i t ag p e la ; ce h ; e theytiien went resid,wltth herhere into the county of Northumberland, I believe, where he had also estates; made a t our i n to Scotland; returned to the first week his bride of Melton Constable , his mansion in the county of Norfolk, Their o and from that period, divided their time between his house there and Oxford. Lady Astley was surrounded by every enjoyment that a woman of her rank and fortune could givinghcon p u p d y c ai o n h s u t es i rb t u at rtuiedr turn e a erlyi l e v t‘ o .he i ih a g n et i a tt happy el adsn who . ehl c oi g o N n hy t ti f bt t i command; her husband devot e dly attac h e d to h er; two chil ll dren, the fruits of that m arr i age , an d h av i ng every t hi ng that before ycoeon y fto thatut,t mh a eha n ar d which rsai taebdteeeemno ueproduced will be t been eennd now ct foa he best . ati me jdua krt ev id ence, a ha s tN d n highere ' h i a the h i ce edei diacp,rni, actual twlta;ctikneijihadll. I wish, for the happiness of the Gentleman whom I repre sent that I could say that even now that affection which took so deep a root in the mind had ceased to exist. I know not whether that continued affection is matured or not; it may be that this affection formed in early life may have a shade thrown over it for the remainder of both their lives. It has been said, and, I believe, justly, that that passion which binds individuals to each other is uniformly the strongest when it takes root earliest. The first impressions are the most lasting; those which follow are risme. under the g overnment of the will ;eel judgment. The first more kind and affectionate; the seconu of those passions more mixed up h all that is assuming and baser in life. Gentlemen, Sir Jacob having in the spring of the year 1826, purchased a mansion in Lower Grosvenor-street, being desirous of placing the arrangement of the furniture in the house in a way that would be tile most pleasing to his lady, he granted the indulgence of her inclinations, by allowing her to corns to town for a few days before he came, for the purpose of com pleting those arrangements Which she had partly superintended before; and we have reason to believe that Mr. Garth, the defendant, was first introduced at this time, to the acquaintance of the plaintiff. It happened that Sir Jacob fussing been at London, in the course of that season formed a slight acquaintance with Mr. Garth, who had shown him some civility by having been the means of procuring him a pack of harriers; this was the only mode by which they formed their acquaintance. Lady Astley, upon her arrival in April, took possession of their house in Lower Grosvenor street, and was soon followed by her husband, where they lived for some time in town. Mr. Garth, who, I believe, is a Lieutexant in the Guards, a Gentleman very much engaged in fashionable life, with a splen dour and equipage, and fortune beyond the ordinary rank of gentlemen in his profession, called on Sir Jacob, as a mere visit of ceremony, arising from that acquaintance. I am told that that was the first time he had seen Lady Astley. The result was, An invitation to the house ; and from that time he be ; came a regular visitor in that mansion. His attention at fitest excited no observation, there was nothing remarkable in- his eonduat, nor anything remarkable in her conduete towards him, calculated to excite observations. You all remember that last year a general election took ;,lace; Sir Jacob was persuaded by some persons, he not 'meing been so we4l acquainted with the arts of the world as I am, to go to Seaford ; it happened that a con tested election took place in that town, and he went to Seaford on the (Itli or 7th of June, accompanied by a friend, and a Clergyman, who remained in his house as Chaplain. They went there, but failed in their election, which continued for three days. They returned to Lon don, and up to that time nothing had occurred that excited their attention. Mr. Garth was at Lady Asticv's parties, and met her in public places ; he saw her in the party, as did fifty other gentlemen, whose attentions to her were not all less 1 emarkable than his. Lady- Astley's conversation and her affability were quite sufficient at all times to invite the attention of all gentlemen, not only from what is due to the sex in general, but from the peculiar graces that accompanied her. Sir Jacob was obliged to leave town shortly afterwards in order to attend another election, in which his brother in-law was a candidate; then the Norfolk election followed, and he went there. Those circumstances necessarily took him from town for a short period. You will find that during that period, namely in the month of June, Lady Astley remaining in town, Mr. Garth's attention to her, had become more decided ; yet not so much so ae to have enabled any member of the family to have male remarks, or to have justified those re marks. It was not at all uncommon that persons who had (heed at tile house should have come to evening parties, met Lady Astley at the Opera, and so on ; and any observation upon those parties, or with respect to 'Mr. Garth, would have been extremely indecorous to Sir Jacob, without there having been clear grounds to have justified them. Sir Jacob returned to town, and it then became necessary to make . arrangements for the summer. It was considered that the children should have the benefit of the sea air; though he had a mansion in Norfolk, yet she preferred the county of Sussex, and he directed a house to be taken at Worthing for three weeks, where the children were sent accompanied by Mr. Ellwell, (we believe), and were to be followed by Lady Astley. Indeed, Sir Jacob wished her to have accompanied him on another road, but it was not unnatural for her to object on the ground of her children having been sent to Worthing, and she expecting Sir Jacob also to go there ; she made a pretence therefore that she could take no pleasure at the Yarmouth races, to which Sir Jacob was going, but wished to go where the children were. It had always been the greatest desire of Sir Jacob to gratify her wishes, and therefore he could not deny her on this occasion. Con sequently he left her under a notion that she would go to her children in the course of two days, and with an intention of himself soon joining her and the children at Worthing. Mr. Ellwell came to town and met the brother of Lady Astley, the Reverend Augustus Dash wood, and he made a remark that might have struck any one. He arrived rather late in the evening, and I am not quite sure whether the never end Mr. Dashwood accompanied him all night or not, but he did not sleep in the house. Lady Astley and Mize • Astley, a sister of Sir Jacob's were not found at home; they arrived, howeeer in the course of the evening and they found that Mr. Garth had been accompanying them. After they had been in the house forsome time,it appeared thatthe carriage had been ordered, and the ladies set out in it to spend the evening at Vauxhall, together with Mr. Garth. This struck Mr. Ellwell with surprise ; and in the course of a day or two he received a letter from Sir Jacob's mo ther containing expressions of great alarm. It stated, that the attention of Mr. Garth had been so apparent towards Lady Astley, that it had excited the observation of i p t e r h s a ci d n sr reached o e f d . t N h e or h fo o l u k s ? e, t h t l a to t a gl a g r o n o o t t i l em q a i n t . of It the namestated that o f Garth, had been so attentive to Lady Astley, as to hare occasioned observation ; that she was unwilling to wound the feelings of her son by making that communication to him as it was but a report, and even though the report had been true, might have led to no just inference affect ing the honour of Lady Astley ; but that she wrote to Mr. Ellwell, that there might be an oppor tunity given to Lady Astley to be more guarded against incurring the observations which are too often made with respect to beautiful women. The Dowager knowing that Mr. Ellwell was shortly to be at her son's house in London, inclosed a duplicate of this letter to him, at the e house in London ; he received it there ; it very much astonished him, and confirmed the observations that he h;tneelf had made with respect to the parties going to e. Vauxhall. Though he did not like to mention the cir cumstance to Lady Astley, he mentioned it to Mr. Dash wood, and then thought proper to proceed im mediately to Sir Jacob. When he arrived there, he found that Sir Jacob had received a letter from his mother,' addressed to him (Mr. Ellwell); and, seeing the letter addressed in his mother's hand-writing; and the parties having been living on extremely intimate terms, he had no hesitation in opening the lett :r, thinking it might be requiring Mr. Ellwell to do something for her that he (Sir Jacoby himself could imrnedirtely do. Upon opening this letter, he got the first intimation of this unfortunate occurrence that bad reached his knowledge. — He had hardly ,recovered from the, agitation occasioned by the perusal of this letter, when hi saw Mr. Ell well, and then they considered what was best to be done, to rescue Lady Astley from nay imputation, for he had had as yet, the greatest confidence in her virtue. It was thought that the safest mode to be arlopted was, not that Sir Jacob should proceed to town, Ine to dispatch Mr. Ellwell, with a request to her that she should join him im mediately at the races. Mr. Ellwell lost no time in prosecut ing his mission ; he arrived in July, the day lam not quite certain of; he found Mr. Dashwood here, but he learnt from him nothingat all calculated to suspect Lady Astley's honour. Communication was made to her that Mr. Ellwell had ar rived ; she had retired to her apartment; Mr. Ellwell had no personal communication with her, or very little ; but it was arranged that she should, at n i ne o ' c l oc k next morn ing, set out tojoin her husband; she expressed the greatest desire to do so that she might thus rescue herself from re proach. Under this persuasion the reties went to re,' ; they all retired to bed in the house in Grosvenor-street.— Search was made for Lady Astley in the morning; she was not found; a messenger was dispatched to Sir Jacob ; sus picion fell on Mr. Garth, and a messenger was sent there; tl rsPor: nmdn Was; 'h e t 1 7:". Garth had not been at home that evening; inquiry was made of a watchman, whose box was in Grosvenor-street, and whose wife had been in the habit of serving Lady Astley with flowers, if he had observed any thing, and the infor mation given by him was, that a carriage had been drawn up about 12 o'clock that night to the corner of the street, Sir Jacob's house being about the third from the corner; that somebody was observed to go into the carriage, and then that it drove off at full speed; and, Gentlemen, there can be no doubt that the elope ment took place at that moment. Next day Lady Astley and Mr. Garth were seen together; on the following day they arrived at Salthill, where they have been living together ever since, and where there can be no doubt of their criminal intercourse having been carried on. Upon this there certainly can be no doubt, the fact of their living together being notorious ; and therefore what is the ques tion you have remaining to try? Gentlemen, the honour of Sir Jacob is in your hands ; I wish I could say that since the period of the unhappy information he received of Mr. Garth having proved false, that Mr. Garth's con duct had not been to have aggravated the injury Sir Jacob had sustained; I have no doubt that you have not listened to the scandalous reports that h ave b een spread against Si r J aco b since this occurrence took place. I will venture to say a more faithful and constant husband never was; a more dutiful husband to his wife, and tender parent to his children, never met a seducer face to face with more confidence than on the present occasion; but we know there is a source of scandal in this country, which persons are too often accustomed to employ for their sinister purposes. Insinuations arc thrown out by