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

: be t" ; those i ns i nua tions are circulated from one quarter imother, and by and b y , the husband who has been injured b• "ales a subject of enquiry, when before a court of i t n tit'e, and is called upon to vindicate himself, rather :an to hav e reparation for the injury. We know what . I r. Garth has been doing, and I have no doubt that va 11°Ite attempts will be made to-day, to benefit him, though , believe without effect. Gentlemere I proceed now to state to pose you, what course Mr. Gat s'lopted for the pur pose seducing this unhappy lady. 'et. facts have been 'natter of subsequent discussion. The period of her acquaint ance with Mr. Garth was not long undoubtedly. We know p er fectly well how true the maxim is, that in a woman the b est part of virtue is discretion. A womae who once e n ds her \villi ng ear to the flattering artifices of a prac tised deceiver, whose conscience binds him to nothing , who i e . . governed by nothirz but his lustful passions , who Dishes to become possessed of the person of a married wo man i , "—Awl° s acquainted with the ways of the world — who ea ueavours to make the passing events pleasing to her—and 'vbo wishes to whisper into her ear some scandal kgeinst her own husband—such a man is able in too s hort a time to break down the barriers of propriety that Ought to protect that woman, to cast an irreparable stigma u pon her, and to cause himself to be looked upon a. an Object of after disgust. Mr. Garth contemplated that it Ivould be convenient for hint to bare all the confidence of t his lady. He found her a woman surrounded by every rornfoi t, with two children of tender years, to whom she \ vas devotedly attached; a husband who had never given her a llY cause of offence ; but who had been a source of een !intied consolation to her ; with a fortune so splendid as of itself to afford every gratification ; with a family on both l eides, i n w h om she f oun d t h e g reatest delight. In that state he found this latly,baopy—l may say above the usual degree i °f happiness in which almost any of her sex is to be found. L l-1 what state has he now placed her ?—he has gratified uispaseio ns ; he ha' brought her down to that station in which the is now one of the most prostrate. All her affections torn a sunder---the tenderest ties of her nature broken ; a nd with those children she must ever cease to re fiard, instead of being a constant source of de ght to her, become to her a curse, and an "'rim' torture ! Sir Jacob has been robbed of the most tender, a n d m ost affectionate Ns ife, and what reparation Will Mr. Garth make for this ? Will he attempt to say Si r Jacob knew not how to value the possession he had acquired? Will he pick up any anecdotes and incide nts 'or th e purpose of making his defence ? that, alas ! is too Of ten the case. A defendant of this sort, first seduces the Wrnaii, and then he gets hold of any incident he can , for if purpose of making up a sort of defence ; that is 'attempted in this case, I am sure it Will be unstated from the history of the twelve years' marriage; whatever that may be that he may think proper to drag forward into a Court of Justice, for the purpose of rn aking out his own defence. Gentlemen, it may be said in this cake, that Lady Astley has fallen too easy a prey tut a 'ewe I admit that every woman who falls a prey to seducer, falls too easily. We know not by what rule We are to measure it, if rule there is to be. This we do know that there are men in the world, who, by a rtifice,—by strict attention, —by apparent devotion, " able to effect in a very short time that which others would not be able to effect in many months or Year's. If Mr. Garth can show that in any previous part of Lady Astley's life, she ever betrayed any ill intention ; ; t h e ever manifested any indecorum; if he can show th a t her husb an d' s a ff ec ti ons wer e not the most ardent towards "er ; if he can show that her children were not most ,ttached to her, let him do so. If he can show he was thus introduced to a lady who was ready to receive the seducer's s et, he will mitigate the wrongs he has done ; but I really dO b • ieve, according to my instructions, that he found her be one of the most virtuous of women. Is it to be said to-day that she fell too easy a prey; and is that to be t reider e d a repara ti on ? Is that to deprive Sir Jacob of rt a °Pport un ity o f c laiming at your hands another sort of Paration for a lost wife, and a lost mother to his e e ch e i a l i l d ren? Surely not. Gentlerri,Jl, I aio. Rix:7:ost of end eavour i ng to state w h a t may appear in the world know of f as hi on, to be an o ld an d f orgotten mora lity. We r „: w 'very ',yell ho w these things are considered by gay con sider l r of fashion, who treat them with levity, and who con the condition of people living in this state as the b up!et o f merr i ment, and scarcely y i e ldi ng any conso l a tion, un a Court of Justice we must look at the superior re oil of lif e end take men as we ',ind them. In all cases I , w e : roust loop et th ose mora l re l at i ons b y w hi c h men, if not A ought to be bound. By what rule can we do this ? married woman ought to be surrounded with the If ° jlgest fence against men of honour and true affection. t hat eos man perceives any thing in a married woman, from b lt 'nell he could be induced to consider that he would not repelled if he would approach her, I say on th a t ver y dent he is bound to approach her at a g r e a t er rZ tailce, and with more reverence. Is there not a th e e t east around by the law of th e la n d, by i n s unction of religion by a just regard to all female feel ,°,f every married woman ? Whatever a gentleman le s ' io 'nink in th e moment of being under the influence of y ou ° 4 e and abandoned feelings, I maintain, in this place, You d \vill not discharge the duty you owe to society, if o ught ° , 2e, show by your verdict that a married woman °f ee e ` u D eProtected from the attack and from the approach that e r ic tn a° except her husbaiv'e No man will tell me Perh„, Garth himself has fallen victim to passion. v ery ' rn the event of this cause ,:how, that at the hap py i c ' n r `f i ent he was proceeding to seduce this tin.. gratify thatthe. passion he souht to have gratified in sh ow, this Lady. Perhaps the event of this cause may ti le "lough that forms no part of my case, that one of u n h. his ac e ,_ 7PY persons was made the very instrument of ley Learlishins his des:res with respect to this Lely. If Le arned d Youn g : an , en s shall be able to hold up to you a beareato mind in the ways of the world, with a wor ient : m lnd f ready to receive impressions from a beautiful viol ran' and ailing into an irresiseable state of passion too made fo t::',b . e overcome by him, then some apology will be Wheth er e il e i n nle But search your own hearts, and tell me t ,,,, , nt Y er do not know and believe, that in the ordi tviiJen l e course of life, a man at a certain fix e d • n ! heyeday of passion subsides, and prir s in his mind, can look - at a married woman, anal can approach mind, with„i e feelings of that nature which ought to t t hr 9w without having a power to reject them, and to o irnpre r s er his own conduct ? Gentlemen, I wish of no passion . vii :I Minds, thct Mr. G. has 1 ' p'l the vir t iril Which he wished at his view has been nothing but lust, passion but his own have gratified, and that therefore no mind ' has the sister fromn will, his own judgment, and his own uced this. What is it that protects the the rot2as the daughter brutal from o f the the vile brother act ? of t what he is fa i t t h t e h i at 'hat is it but that ants which flows deep sense of o bli gat i on — t h at mora l f implant s i n our mindsrom the relati ons o f lif e , an d ellich as sacred, and as ire a reverence for those relations possibly be coneeived.P", () treble, as any thing that can but of the same kind, 's that t to the same degree, certainly, i moral barrier which is placed between the passions ef a man and a married woman. She riue:lfleonced about by the laws of God and roan, and h e breaks obutof that fence, does not, believe me, do it in one case a thousand, from ut he does it coolly, a. hasty and ungovernable to gratify his passion, and, tocandestroy the honour of the husband. I, therefore in this case is receivable from consider no apology in he is a gentleman who has Gart h .ll me years en or eight I un but he is in the army. He is of the age of six or seven and twenty ; I am not quite sure of his ar e somewhere about these years. I understand- looks but Young, but he is a man undoubtedly much versed shion a bl e life; an officer in the Guards, muclpracitniefeCl among women, and not like Sir Jacob Astley, w h o having married early in life, got the first o bj ect of his attachment, cannot be expected to have been 5 0 practised in that way. Mr. Garth knew the wee k side of th e f emale sex, and . ' a crentleman knowing that, ought not to allow it to invite' him to snake a prey of him. Every pretty woman-is more or less open to at tery, and why should it be otherwise ? Every woman con versant in genteel society, and of an amiable mind, is more or less open to enjoy the pleasures that are derived from an intercourse with both sexes ; but let me ask, is that a reason why the man who knows she is married, is to consider himself entitled to break down the moral fence surrounding her, and to attack the honour of the man who is her husband, and to destroy the peace and happiness of that woman herself ? Gentle men, this being the conduct of Mr. Garth and of this lady, when you come to give your verdict, the only thing for you to consider will be, first, what has been the conduct of the husband of this lady ; and next, would not the real state of this gentleman, but for Mr. Garth, who unfortunately deprived him of his wife and of the best of mothers—have been that of a long continuing happy husband ? At this moment he is cast wide on the world. lie has new views, and new arrangements to make for his future life. if you find he has had a loss in its nature irreparable, the imperfect compensation of money is all you can make; and I think, if I could pledge myself in a: , y case, I would do it in this, that you will think that compensation ought to be the most ample. Though the acquaintance in this case has been but short, Mr. Garth could have had no authority for doing that which he has done, by which he has reduced from a state of splendour and happiness to the lowest degradation and misery this unhappy lady. You will declare, by your verdict what is due to the plaintiff m this case, as subject of compensation is the only way in which .;ou cart ve it. The following evidence was then called : Mr. Ball was then called, and proved the certificate of the mar riage, which took place at St. George's church, Hanover-square. The Dowager Lady Astley examined by Mr. Sergeant Ta nnv. I am the mother of the plaintiff; be was married at St. George's, Hanover-square, in the year 1819, to Miss Georgina Carolina Dashwood, daughter of Sir Henry Dashwood. The plaintiff had left Oxford University in October preceding the marriage; their acquaintance commenced while he was at the Univers'szy. The marriage took place with the entire approbation of both families. It led to intermarriages between other members of the families. At Christmas, after the marriage, I paid them a visit, in Norfolk, at the plaintiff's residence, at Melton Constable. From my near connection, I had an opportunity of seeing their domestic arrangements, which I entirely approved of. I saw' them also in London. They seemed to he extremely happy together.—Lady Astley's conduct in her family, and otherwises' was entirely as I could wish. They had two boys ; the younger was born in March, 1825. The Plaintiff and Lady Astley were accustomed to come to London at the London season, and to live in the country thereafter. This was uniformly the case with the exception of their going once to Scotland, shortly after their marriage. I had no reason to think there was any abatement of affection between them on either side, till within three days of the elopement. I lived with them rt Constable for three months previous to the 20th of 1826,' when I left there. During the time I was with them, they were on the most affectionate terms, and showed marked attention on both sides. Lady Astley's conduct towards her cliihiren was very kind and affectionate, and such as I as a relation entirely approved of. After leaving them I came to London. Six or seven of my family were along with me at Mel ton Constable, as Sir Jacob wished them there at Christmas. I think that Lady Astley and the plaintiff then went to Leicester shire, and about the commencement of the following April came to London. Shortly before the elopement took place, I went into Norfolk to visit my daughter, Mrs. Dashwood, who is mar ried to a brother of Lady Astley. It was on the Thursday previous to the elopement that I heard the first surmise of it. It took place in July last year. -I bad never pre viously suspected it, and even then could scarcely suppose it possible. In consequence, however, of what I heard, I wrote a letter to Mr. Elwell, chaplain to the plaintiff, a gentle man in whom he placed much confidence. I addressed two com munications to him ; one directed to London, the other to thne country. I did not see Sir Jacob until he sent for me subsequent to the elopement. His state of mind was then such as it is possible for me to describe. I had not the slightest reason to sup pose that Sir Jacob's affection had abated. Cross-examined by Mr. Sergeant V. I:CHAN—Mrs. Parke, one j of my daughters lived with Sir Jacob and Lady Astley, two years previous to her marriage, which took place in September, 1825, and sonic member of my family has generally lived with them from the period of their marriage. After Mrs. Parke's marriage, Miss Blanche, another of my daughters, went to live with them. Sir Jacob might have remained about a month in Leicester shire. I believe, but do not speak positively, that Lady Astley might be 22, at the time of her marriage in 1819. She was about a year or a year and a half older than Sir Jacob. I confidently assert that I never knew a happier couple. Sir Jacob is remarkably good-tempered, and far from likely to be betrayed :into warm or intemperate language by inadequate provocation. I never witnessed any violence of temper on his part, of which in cooler momenta, he might disapprove. I never heard any high words take place between them, nor any thing approaching to anger. I hare had a house in Cavendish square since the year 1820. Sir Jacob and his wife used to visit me there. I never heard any noise in their room at all calculated to excite apprehension ; or did any acts of in civility or unkindness ever take place between them at table. I was always satisfied with their conduct. I never saw her quit the table in consequence of any intemperate con duct on the part of Sir Jacob. I remember that a gen tleman, by name Pratt, dined with me in their company, when they had lodgings at Holding's Hotel. I cannot call to mind that Lady Astley ever left my house suddenly to go to the Hotel without proper protection ; nor do I ever recollect that she was followed by Mr. Pratt. I do not remember that any in temperate language ever passed between them in my pre sence, still less any personal violence. Ido not recralect having been attracted to their bed-room by any tumult, while they resided in my house ; they frequently visited at Mr. Jerning ham's with Lord Stafford ; the latter never, to the best of my knowledge, din e d w ith me at my h ouse ; reco llection is not o t n t f ni ev sterirer Jacob, s , se .ent w •tioth to L a th .n ad s e • y t N l Aii in ss g like improper attention paid on the part t sc e s y .l s e t r ,e ni d n - g c l iut iatu mb ; er l s i p n ea c k onse de g e u id e e n d e l e v o t f ha a t m ! y altercation. I h ave certa i nly been at v ' arious times in their room, but only for the purposes of ordinary communication, not with any view of acting as a mediator betwe en them. I never in my life heard Lady Astley compl a i n of S ir r . .i t acob's ill-treatment should differencese t out or violence of temper ; I never, in sh or t, w' between them, unless it were, as to whether wi t nessed sed a ny sh u a week earlier or later :a London ; wh en Lady Astley would appeal to me (but in a perfectly gentle and good-humoured manner) as to which was preferable. I never heard her find fault with Sir Jacob's attention to any other lady. He was more frequently in her company, than is the case with most married men. L. Astley was at Tunbridge with Mrs. Parke for about a month. Ido not remember whether or not Sir Jacob went with her. I was not there myself, and cannot exactly say why she went; but I understood that it was in consequence of indisposition. I ant not aware that Sir Jacob refused to go ; indeed I am con vinced that. had she wished it, he would have accompanied her. He was at Melton Constable during the whole time I was there, at ;e ) l a y r t d eocfl Sir Cbr , s.reee. When Lads - Astley' was in town last year, Sir Jacob drat electioneering t o r p y e a r a t l t i a l g ti a o i n n e i , ) , os t t e it Jacob towards time Misses Jerningham or any ether ladies, nor, sill witnessed ng in a thes this moment, did I ever hear of any such attentions. was abroad at the time, I do not exactly know whether it was in T u n nr e r i d x g a e m d i e r d i during Y the A periods ir Serg o e f a t n h t e T b birth Y— of hLe:dt) Astley was itSl s a j consequence of family illness. The eldest son will be four years old next May, and the youngest two years next March. Mrs. Parke examined by the Cox:does SznGEANT-1 am the daughter of the - preceding witness, and was married in September, 1825. For two years, previously, I lived constantly with Sir Jacob and Lady Astley, and accompanied them in their excursions, I was with Lady Astley, at Tunbridge, for about a month. As I was at school at the time, cannot say why she went there, but believe it was from indisposition._ During the whole period of my residence with them, they appeared mutually attached, and lived very happily together. Sir Jacob was a kind and atten tive husband, and Lady Astley an affectionate wife, and ex emplary mother. I never witnessed any interruption of their felicity. I visited them once or twice after my marriage. Lady Astley called on me sometimes previous to her elopement, but not so frequently as I might have expected. I left London last year at the close of June. Cross-examined by Mr. Sergeant Wmt.nx—l went to my brother's family in 1823. It was in 1821 that Lady Astley -a. Tun bridge. Sir Jacob was there for more than three days ; she did not complain of his absence; Lady Astley and myself, after quitting Tunbridge, went to Lady Ayley's (a sister of Lady Aga but were not ace mpanied by Sir Jacob. During the two years I visited with them, their happiness experienced no in terruption. In the year 1825, they lived in Hereford-street ;I do not remember, while dining with them there, that Sir Jacob made any remark s regardi ng a M r . Hu:llford which made me shed tears ; nor do I recollect his rising from the table with a knife in his hand, and turning in a menacing pasture towards Lady Astley; I do not rememb►r that her hand •.vas .cut. Sir Jacob and his wife might have differed in opinion with respect ti Mr. Bumford, but their difference did not lead to a quarrel. Had there been a conflict between them, I should most assuredly have rememberA if. I swear that I never saw him. rise from the table and threaten aer-ieial violence. I have not the slightest recollec tion of silk' ircumstance. [The witness was considerabl:• agitated throunout the whole examination, but was here so over powered by her feelings, that she was obliged to retire. Miss Blanche Astley was then called, hut, like her sister, was so overcome that she was only able to give her evidence in a sitting posture. Examined by Mr. SC.,II.LETT-4 am sister to Sir Jacob Astley. I went to live with him and his wile in April, 1826, in London ; I lived with them several times previously ; their conduct towards each other was uniformly affectionate ; Sir Jacob had recently purchased a house in Grosvenor-street, where they went to live fur the first time in April ; he kept a large establishment and Lady Astley had every possible comfort ; she was very kind to her children ; I never before them saw any thing in their conduct un becoming man and wife ; Lady Astley possessed eminent personal beauty, and was a great favourite with our family ; she came to town in April, about a fortnight before Sir Jacob, who, after his arrival, lived with her till he set out three days after for the Seaford election. They had a house at Worth ing for the children. She went there at the end of June. I became acquainted with Mr. Garth in the beginning of May ; he is an officer in t7:e Guards ; he visited at Lady Astley's fre quently afterwards, and was received at all her parties. I was in the habit of going with her to the Park, where we occasionally met Alr. G. His visits and attentions to LadyA. latterly became more marked. Lady Astley went to Veaxhall and Richmond with parties, of which he formed a member. He paid lice assiduous attention, but not so ite to attract my particular notice. She was a general favourite in society. When my brother was at the Norfolk and Bedford Elections, Mr. Garth visited us more frequently. Mr. Dashwood, a brother of Lady Astley's, who is in the church, then lived occasionally in town. I remember Elwell coming to London from Norfolk, and bringing a letter to Lady Astley, which occa sioned her excessive agitation, and obliged her to retire to her room. This took place on a Monday in July. Arrangements were then made for us all to leave town, Mr. Dashwood included. I saw Lady Astley next morning, and, as far as I could judge, the arrangements were perfectly agreeable to her. On the previous Sunday Mr. Garth was in company with her, in one of the drawing-rooms ; during Sir Jacob's absence from town, I lay in her apartment every night ; on the above-mentioned Monday I went to her bed-room, between twelve and one o'clock at night, but did not find her there ; Mr. Elwell had by this time gone to bed, and Mr. Dashwood had set out for his lictel ; I made enqui ries respecting Lady Astley ; Mr. Garth kept a dark close car riage and an open one, like a man of fortune; he drove Lady Astley and myself twice in the open carriage. Cross-examined by Mr. Buotionam—The Captain and all the party went to Vauxhall, after they returned from Richmond; Sir Jacob met us at Vauxhall; he did not go with us, because he was not in town ; I did not go away with Sir Jacob, but I came away in his coach ; he left in his chariot, and got home in a ehort time after I crone ; Lady Astley come home with Capt. Garth to my brother's house, in Grosvenor-street, where we implied. Sir Jacob joined us there, and went off when the party broke up; what the hour was Ido not recollect. I went to the French play along with Lady Astley and Captain Garth, and another gentleman : when we left the play we went to Vauxhall, all is her Ladyship's coach ; this was in June ; her Ladyship and I went borne together, and the gentlemen were set down somewhere. Capt. G. never went out in the coach with her Ladyship, but he used to meet her in the Regent's Park ; recollect hies meeting-her once and getting into her coach, and driving about with her is the Regent's-park ; was not home that night until 10 o'clock ; Ido not recollect to have heard Sir Jacob say next morning, e . ,t. breakfast, that he had been in the park and had eee4 " a tbeacaptain in the coach with Lady Asticy. Ido a - not remember : Sir Jacob say to Lady Astley, " t suppose ' the Captain is always with you," nor have I seen any thing to that effect in any letter of his to her, for I never saw any letter at all of his to her. There was a ball at Airs. Hughes', South. Audley-stresa, where Lady Astley and 4 met the Captain ; we were at another party in June there, but the Captain was not. e . ie Re-examined by Mr. Scwitarrea—On the night that we went to Richmond and • Vauxhall, we expected Sir Jacob home from Norfolk ; at the time the Capt. got into the coach in Regent's-park, I was in the coach with Lady Astley, and the Captain was riding; his horse was restive, and Lady Astley said you had better give your horse to your servant, and get into the carriage. Consider ing the circles in which Lady Astley moved, I never saw any thing in her conduct towards Captain Garth which I considered improper, or from which I could suspect that there was any cri minal connection between them. At the time that Sir Jacob went to Norfolk he had not the least suspicion of any improper intercourse between Lady Astley and the defendant ; the Captain was very guarded in his attentions to Lady Astley in the presence of Sir Jacob. By the Court—We made two or three parties at Greenwich ; Sir Jacob was at one, and Captain Garth at all ; when Sir Jacob did not go himself, Captain Garth always drove Lady Astley; Sir Jacob did not express any displeasure at seeing Captain Garth always returning home with Lady A., because he did net know it. By a Juryman—l flo not know that Sir Jacob saw Lady Astley walking arm in arm with Captain Garth, at Vauxhall. The Reverend Mr. Ee.waat.—l have been intimate with the family of Sir Jacob for many years. I have constantly re sided with him in the country, and sometimes in Lcadon. I have every opportunity of knowing the terms on which Sir Jacob and Lady Astley lived together, and have reason to think that they lived very happy. They seemed very much attached to each other. She conducted herself at became a lady of her station, and Sir Jacob was very indul gent. I accompanied the'a to Leicester, in the winter of 1825, where Sir Jacob went on a hunting excursion ; they lodged in a hotel ; Sir Jacob never dined out from her • there but twice, and was very attentive to her, he always took her with him, even when he dined out ; there was a great number of young men there; after stopping for a short time there, Sir Jacob went to Melton (his seat in Norfolk), and Lady Astley returned to London; in Sir Jacob's absence she used to amuse herself at music, and in re ceiving lessons from a drawing-master. I accompanied Lady Astley to town on that occasion; it was the 14th of April, 1826. I stopped for a few dave with her in her house in Gros venor-street ; she seemed very much delighted with this new house. I returned again in May with Sir Jacob. I stepped for ten days ; Sir Jacob was, then much engaged in elec tioneering business ; he went to Seaford to canvass that borough; he was opposed by another person; some time after he went to Bed-- ford, to assist at the election, where Mr. AlQueen, his brother in-law, was candidate ; Sir Jacob's ancestors represented that place for many years ; Sir Jacob returned again to town on the 26th of June, and stopped until the nth of July ; I took a house at this period in Worthing, fur the children whom I took there ; it was 'fixed that Lady Astley should join them in that place after a short time; Sir Jacob was obliged to him to rh:t l eoh N tjui y )nitg n gi sso n ,th.l e oee , ,. ida h oteat i c ; :cni go to Norfolk, to assist at the celebration of the coming of age of on r djt e :i l ,nti a ,liiy ti o ve lsafu9yo, l :h l g 7 a nt w h wished d a ieo L nd a i; d d Lady Astley t s i e ke y fee tr to oe accompanypreferred eonpgosetexposed \Vun i e r o e f tu tl r i e children te b to eing o u business soiree she did for Sir Jacob. About 12 o'clock at night, Lady Ast'e another lady, and Captain Garth came borne from Vauxhall :I Y )e ' forerl,t night, I never saw Captain Garth- I never heard of any inter course between him and Lady - AstleY; she enquired h ow Si r Jacob was, and said that she declined going to Worthing,hecause she heard that the children were very well; a letter came my hands at that time, of which Sir Jacob received a duplicate. (Mr. ScaaarerT said, that this letter could not now be read ) the Norfolk.dup duplicate, Sir and ja The original has been de stro y ed— before that period, I never heard nor had I any.reason to understand that Sir Jacob enterta i ne d any suspicion of au improper intercourse betw een Mr. Garth and Lady Astley ; he received the du p licate in Norfolk, he. did not come im mediately to town on re ceivin g it, on account o f some important , cob sent business whiehhe anhnadoyetdo otnransseaecitngin 7m e e m b ed ack tovery much London in order to accompany the children to town from Worthing, and to tell Mr. Dashwood to accom .pany Lady Astley an d the whole of the famil y to Norfolk. I July, and saw Mr. Dash letter from Sir a the next morning v. a j r ao r cod i o v b e ,, d wainnhdoLttoloniladdtormit,beeontfhamatl:ielyhe2x4viethared o tro f ec J see u i: l eedo fr to Norfolk. I called at Sir Jacob's house at ten o'clock, and Lady Astley sent me word that she could not see me ; I went to bed at twelve, and at one o'clock Miss Astley rapped at my door, saying that Lady Astley was not to be found any where, and I got up and made a diligent search ; I enquired where Capt. Garth lodged ; and on learning, I called there, an . d was informed .that he was not at home. I have not seen Lady A. since but once by accident. The day after I set out to Norfolk, and on the subsequent day, 1 saw Sir Jacob at the races at Yarmouth, and informed him of the circum stance ; it had an extraordinary effect on his mind ; he said no thing, but continued in a state of stupor, until he came to town:; the shock which he experienced on receiving this news was very great, end the impression it made on nay mind was that he was sincerely attached to Lady AstleY• Cross-examined—When at Leicester Sir Jacob never remained out the entire evening; be always returned to take his coffee, and noter went ont afterwards. Sir Jacob had a private rare whilst there with Sir P. Mosten ; Lady Astley ' saw the race ; Sir Jacob was absent from London during the last Spring for three days, at Seaford ten days, at the election ; he went out of town also on the Bth of July, and from that day he never saw his wife. The witness during the time he lived in the plaintiff's house never knew Sir Jacob to dine out ; thewitnesti further said, that to the beet of his belief, the first occasion upon which Captain Garth came to the plaintiff's was on the 1 1th of May, when he came for the purpose of showing a bores of his. George Smart, a watchman of St. George's, Hanover-square, was the next witness. On the night of the 24th of July, he fre quently saw the carriage of Captain Garth drive up and down his beat ; the carriage stopped opposite Davis-street, and the witness distinctly saw a lady looking from the balcony of the plaintiff's house. About half-past one or two o'clock the witness saw a lady hurry from the house, and throw her self into the carriage, Nv hich drove off rapidly towards Bond-street. From the acquaintance of the witness with the person of La,.y Astley, he was induced to think that she was the lady in questio:.. Edward Needham examined by Mr. Di e.s N.—The witness was butler to the plaintiff; Lady Astley was missing from the house on the 24th July; on the Thursday following, the witness went to the Wellesley Arms in Morrel Green ; he there saw in a room Lala Astley r, she was deeply affectel, and when asked by the witness to ret..: n, she more than once said, " I can't return." The Nrfitness pressed, and conjured her to return for the sake of her children, but still her answer was—" Oh ! I can't." Cross-examined by Mr. Sergeant WILDE—The witness cannot say that he paid particular attention to frequency of Captain Garth's visits to the house of Sir Jacob, nor did he receive any directions to make any note of them ; the witness can positively swear that his visits were more frequent in the absence of Sir Jacob. John Webb, the lar,llord of the Wellesley Arm!, remembers that Captain Garth and Lady Astlev erlme to his house on the morning of the 25th of July, but he cannot say whether they lived together as man and wife. Sarah Allowav, the chambermaid, was called to prove this lat ter fact, but it was admitted on the part of flip defendant, and :he witness was not examined. Mary Fleming, the chambermaid of the Bath Hotel, in Dover qrcet, remembers Lady Astley and Captain Garth coining to the hotel on a Saturday, and remaining there until the follow- ing Friday. Daniel Lorct examined by Mr. ScAßLErr.—The witness is waiter at the St. James's Hotel, Jermyn-street. Lady Astley and Captain Garth are now living at that hotel ; they came there on the 25th of August ; they went shortly after to Weymouth, and returned on the 17th of December ; Captain Garth has a car riage and a phaton, they frequently come to the hotel door ; his riding horses also come there ; the ,•fitness does not know the _ . number of his servants. Cross-examined by Mr. Sergeant VAUGITAIC.-Tbe witnesse saw Captain Garth pay the amount of his bills to the L,otel-keepee, one of 30/., and the other of 50/. Another waiter at the same hotel, proved that Captain Garth kept two grooms and a coachman. Mr. SCARLETT here intimated that the plaintiff's case was closed, upon which Mr. Sergeant VenotrAN rose to address the Jury for the de feedant. " I cannot," said he, "approach this extraordinary case without painful and anxious feelings. Indeed, every circumstance connected with it tends to make my duty one of much pain and much anxiety. In cases of this nature, the Jury, with honest English feelings, is biassed against -the defendant. How much more warmly, then, must you, gentlemen, feel, excited as you have been by the eloquence of my Learned Friend. But I pray you, gentlemen,to mark the value which the plaintiff sets upon the merits of his own case ; not satisfied with the Counsel who usually prace tice in this Court ; not satisfied with us gentlemen, he calls in the aid of my Learned Friends, Mr. Scarlett and Mr. Denman, and by their extraordinary eloquence, great discretion, and pro found experience, be hopes to improve a case, weak in its nature, and by no means warranting the importance my learned friend has endeavoured to attach to it; without their assistance it would have baen nothing. I entreat you, however, gentlemen, to adopt one suggestion of my learned friend : namely, to try the question. by its own merits, and leaving out of your consideration, the speeches of counsel on both sides, to bring your mind, to a coolly dispassionate view of the circumstances, as they shall appear before you. I ask of you no more than this, and I feel confident, that when you contrast the witnesses for the defendant, and the facts which they shall disclose with the meagre evidence and florid statement which you have directly heard, that you will come to a conclusion, as satisfactory to my client as it will be conformable to the justice of this case. If, Gentle men, the only question were, whether this dark deed was done ; if you had merely to try whether the defendant had committed an offence which I certainly cannot justify, then indeed I would not add one word in his defence. But when my Learned Friend opens to you a case of such fictitious importance, where nay client is characterised as a cold-blooded, ealculating,heartless seducer, it be comes me, his advocate, to show you that temptations were thrown in his way, which it would be impossible for him to resist, were he as chaste as a snow-drop, and cold as an icicle. Indeed my learned friend told you, as if that must not rather extenuate than heighten my client's conduct, that this lady peesessed a fine person, was highly accomplished, and was in fact the idol of the high circle in which she moved. He talked to von gentlemen, of the flappinesslof the plaintiff and his wife, and described that only bliss which remains of Paradise since the fall. Indeed, gentle men, so glowing and so warm was the description of his learned friend, that he would almost induce us to look on this pair as revelling in a state of happiness more purer than our first pa rents enjoyed even before the fall. Theirs' was one scene of love you are told, from the period of their marriage up to the hour when my client stepped in to destroy their blessedness. For nine years. Aye, Gentlemen, for nine long year: their love was unalloyed unabated. It was increasing every hour—it was growing more and more, up to the moment when she eloped. Oh, Gentlemen, what an elevation, and what a fall ! Indeed, the picture which my Learned Friend drew was so over-painted, and so over-drawn, as to intoxicate the feelings of any ordinary class of mortals. Do, instead of taking the glowing description of nay Learned Friend as the ground-work of your verdict, let us, in God's name, try this question by the test of facts—let us judge of it by the sober vela-. tious of life, and then you will see what the real case is on which you are called to decide. The Learned Sergeant (Mr.:VA isGuAN) then proceeded to say, that in this case it was quite clear no confidence was abused, no friendship forfeited. The see-e quaintance was only of two months' duration ; and, se the end of that time, this lady eloped from her meat faithful, affectionate, and unparalleled husband. There was not one circumstance which should induce the Jury to believe that there had been-any thing like an attempt at seduction. . The case was unfairly got up. The witnesses were respectable, but who were they ? the mother and sisters of .the plaintiff and the family chaplain. In other families there were trifling quarrels, but here - there was not even a ripple to ruffle the Waters of affection. Up to the moment • that he discovered her elopement Sir J. was represented ae being the mosi 7.tectior husband, never giving the slightest provocation. He was represent,;.; as having a princely fortune of 30,0001. a-year, and es a most indulgent and unexceptionable husband ; now he put it to the Jury, was there ever such a case as a wife throwing off her allegiance to a rich, fond, amiable husband, without provo cation, and flinging herself into beggary, and into the arms of another protector? He called upon the Jury to disbelieve so im probable a case, lie assured them that there was something rotten in the tale which had been told. Captain Garth bad taken away the wife, that wa' the rery lead and front of his offending, but no snore. The adultery leel been committed, but there never was a ease of adultery so free from anything - like seduction. Willy w . :%s not Mr. Dashwood, Lady Astley's brother, produced , NfVoarsfein4rt:Wm• mine might the ini g period p explode. e T i,er elopement,but,,ere n o visitorsNvas n p o r t o ct d . u l e l called either, although Sir Jacob was r e p resented as entertaining the whole county of Norfolk; nor were the maid-servants of Sir Ja cob A s tl e y called, though in such cases they were usually pro duced, for they had a kind of prurient curiosity in such transac tions, which rendered them very useful as witnesses. Now, the case stand thus :—Mr. Garth calls on the 14th of May on the subject of some horses, Lady places ac d nef y r:e Astley ,.u:jed.n,t.elnytoiaat had a gk d penruoblw n ul i e lc i LN e vsp r ,hl aaa s et l e eN e s.po n ewmr s h iaot im before. After this period Sir Jacob was frequently out of ns s moving in fashionable life might consider to be their duty, but it was then sure the Jury would agree out her husband ; and appeare dt'° wi w t with him,ilthe that t(hSiftar Lady yena Astleyn ■ fittest and seemliest place is by the side of her husband. Sir Jacob was not at the side of his lady, but was at Norfolk and Bedford, leaving his wife open to the facilities and importunities of any may. Where then was the extraordinary affection and devotion which Sir J. was represented as feeling for his wife? Where was the proof of it in his visit to Vauxhall. Sir Jacob arrived from Norfolk. He goes to Vauxhall. Lady Astley is walking, leaning on the arm of Captain Garth. The husband does not e mbrace her, and take her from under the pupillage of Captain Garth ; goes 1;, one in a surly humour in his chariot, leaving Lady A. and Cap tain Garth to go home in Capt. G.'s carriage, which she had'fre quently used before. The fact was, that Lady A. was convinced that Sir Jacob's habits were most profligate. She was assured lie was carrying on a most disgraceful intercourse, and that his visits and his absence were connected with that intercourse. This was the case which the jury had to consider, and which would reduce the damages to Is. Sir J. Astley beard some hints of hits:loW, such ,N.hiea dishonour; it was said it was ringing (trough the 021/11illy 51 NOrfOlk, and yet he went to Yarmouth races to keep his eng s r._ ments. M hat engagements those were the jury would learn. They would he shocked to hear that _they were connected with the grossest and most abominable sensuality. He should prove that Sir Jacob frequented improper houses at Yarmouth, and was actually guilty of adultery. lie should also prove that he ecntinued the sane line of conduct at Leicester, and that he even got out of the carriage from Lady Astley to indulge in indecent habits with I:lW chaste women. He should prove that Sir Jacob made appointmonte with such women, and pleaded those engagements to get away from his wife. He should prove that this was net a solitary circumstance, occurring from drunkennese, but that it wail the constant practice of Sir Jacob. On one occasion his want of feeling and delicacy was so notorious, that he enter tained a number of loose women within three doors of the hotel where his wife was lodging. Those women actually hooted at Lady Aetley, and became offensive to her. Was this to be borne, could it be wondered at that Lady Astley flit no attache/test to such a:husband, and that she considered his arms so pellutices Z. Wee it to be wondered that Mr. Guth fell as many wen had f*allen before to a lady of transcendent beauty and eoperior run ners. There was no evidence as to Mr. Garth's fortune ; dee( only heard that he was an officer on half-pay. It was tree if ite• Lad committed any serious offence, he was bound to pay im person if h ..ould not pay in puree; but he cencladed there was no sods of fence. Lady A. could not be supposed to possess any strong affeotiott for a hnsband who pursued the course of life which Sir Jacob ' did. That she did not possess any such affection as was repre sented by the witnesses of Sir Jacob Astley, was demonstrated by her elopement with Mr. Garth. with whom she was acquainted only two months. Than what loss had Sir Jacob Astley sue tained ? If the instructions which lie had received were true, and that they were, he had no doubt, Sir Jacob could not come into Court, and say he had sustained any lose. It was true the defendant was guilty of an offence against the laws of morality, an offence which could not be excused, ha was willing to admit, but he put it to the jury to say whetter there ever was a case of the kind c ontaining less of aggra vation ? He contended that th ere never was a lees aggra vated case, and he left it with confidence to the jury, con vinced that they would not sanction by their verdict coadnet such as that which he was prepared to prove Sir Jacob had been guilty of. Upon the conclusion of the Learne d Sergeant ' s epeoch, the wit nesses in support of the defendant's case were called upon. Lords Sefton, Hawkesbury, and Stafford, were on tio Beat*. In a SECOND EDITION we shall give the .r*- . mainder of the Trial. THE MARKETS—(THIS DAY). CORN-EXCHANGE. The alarming illness of the Earl of Liverpool, will doubtless .s -casion the Corn question to be again adjourned ; this perplexes the market here, and the people hardly know how to wake up their minds about transacting business. The supplies of Corn exhi bited for sale this morning are small. The Wheat trade is more free than of late, and the few fine samples that have appeared may be quoted Is. per quarter higher than last Monday. Barley is very dull and Is. per qr. lower. Beans and Grey Pease look upward, but White Pease are still a drug iu the Market. There are better prices made of stout Oats this morning, but the demand for this article still continues limited. In Flour no alteration. — All sorts of Spring Corn fit for seed are held at very high prices, much above the annexed quotations. PRICES ON !WARD or SNIT. Wheat, Red (old) --- White (old) - Red (1826) 47s. 511. Fine - • . Superfine s6s. Sas. ---- White (182(3) ----. Fine Superfine fits. fits. Rye (new) ' • 34s. 404. Barley 3ss. 375. Fine (new) 3Be. 30s. Superfine 405. 41s. M- alt Fine 571 6.5.1. Pease, Grey (new) ----Maple (new) . s2s. Ms. White (new) ---Boilero ',Os. 5.55.. ARRIVALS Or GRAIN IN LONDON DUJUNG , 0f , , , ,i .„ ) . ........ 11 :... ros_ ---a s ick (7'1;1;3 41a 46. (old) las. Ms. (old) Brank .....4, ....4. Oat+, Feed ....—..—.....---Ftne —... Poland Xs.' ......... Potatoe .......91111. /4m. , Fine ..." ***** Scotch —. . '11111...1 ::4 Flour (per sack) 44...11. 1 1i ' . ......-....—Seconds 44e. 10e. _---..North Country 4oo. 41,11 n.. IBran .... ................. —..— 11e. Ws. _ ARRIVALS OF GRAIN IN LOII221 . 1121; 4 127 . 2111 . 1 14.:_ •• g i From Whence. -, f 1 F. ..1 r' • I —.---- —.----- • .......— -.sm.- ...se. Qrs. (Jr.s I Qrs. Qrs. Qrs. Qrs. QTb. di. Aldh orou gh 1%5 1672 - - - 47 119 26 Alemouth - - - 441 - - -- 2 B os t on - - 5335 - - -.-- Colchester - 110 87 011 Harwich 375 265 1455 40 - 141 66 1061 A Leigh ). 558 154 'lO 151 - 275 118 ..-- . ~ .i Maldon 534 588 425 - - 387 171 17111 Hull - - - 100 - 45 -- -• Ipswich 9O 282 1264 - - 114 177 8041 Kent - 862 688 116 e Poole - IS - - - ..- ..... 3 1 Portsmouth Southampton - - - -- - - ..... it% Woodbridge l3l 1116 6 7 -- - 71 80 lt6o Yarmouth Berwick ---..- —..-- '. --. .—..--..--. —.--, 4005 5997 6174 6515 -- 1111 1270 IWIS Ines . irottisioN Calais _. _ ... ss ..... 51, ... a. Dunkirk - 160 -- 4bo Groningen - ~.... ~ ~ 1130 644 147 .., Newharlingersiel 123 131 44 .... • 240 34 o.tend - ..... -- ---- —............ Total 4005 5897 6174 511.6 - 3728 1446 16 SMITHFIELD MARKET. This day's supply of Beasts, Calves, and Porkers, was Maul" rate, that of Sheep rather great. Beef and Pork went off heavily, at Friday's quotations, from which, n otwithstanding t'oe layout able state of the weather for slaughtering, Mutton and Wel n eeded from 2d. to 4d. per stone. About 1000 of tl,e Beasts were from Norfolk and Suffolk , the greater part of the remainder from the western and midland districts. There were some good Beasts from Sussex, but their number was not great. FKICZY FIR STONE .IF SLIM TO SIVIC TNI orrAL L s. d. to 5. d. s. d. to e. d. Inferior Beasts 3 0 3 4 South Down Wethery . 1 1 4 Second quality ditto 3 4 3 S Large coarse Calves.... 4 2 4 Hs Prime large Oxen. 4 4 4 0 Prime small ditto 4 3 8 Prime Scots, Ix 4lO 1 0 Large Hogs 4 0 4 I n f e rior Sheep 3 0 3 4 Small Porkers 4lO 1 I Second quality ditto.... 3 4 3 S Suckling Calves...l2e. to 40s. Coarse. moiled ditto... 31C 4 0 Quarter Md Pigs ..10s. to I. aadt. SUPPLY, AS VEIL MUM'S STAMM?. I sheep. 26,660 Ca l l l v .r . rits. Tiessta. 2,253 NEWOATE AND LEADENHALL MAILIZTS. , At per stone, by the Cameo. . . S. d. to s. d. A 3 0 4, 4 Veal Niutton 2la 310 Pork ........ .... . . . . ...... I q & F .',SHIONABLE AND MISCELLANBOUS. BRIGHTON, FEB. 18.—On Friday afternoon, hie MAJESTY, we are sorry to say, experienced a sudden, but a slight attack of the gout in both his feet, which immediately confined him to his room. His MAJESTY suffered no particular pain, and passed a good night. Yesterday his MAJESTY felt no increase of pain or inflammation, and passed another good night. This forenoon his MAJESTY continues much the same as yesterday. This forenoon his Majesty's household attended Divine Service in the Pavilion. The ReY. the Dean of Salisbury officiated. Ths answer given to the numerous inquiri es made yesterday and this forenoon, at the residence of Mr. Canning, was, that he is better. The Right Hon. Mr. Peel, Secretary for the Hone Department, arrived yesterday afternoon at the Par-i -lion, on a visit to his MAJESTY. This forenoon Mr. Peel visited Mr. Canning, at his residence on the Marine Parade, with whom he had a long interview. It is uncertain whether. 'Mr. reel leaves here this evening or to-morrow morning. The Duke of Wellington transacted business, ou Saturday, with Mr. Secretary Peel, at the office of the Seerstol of State for the Home Department. Count Lud o lf, the Sicilian Ambassador,,transacted business, oil Saturday, at the Foreign Office. The lake in Vromnorc Gardens presentsai atphe pearance at this season t' of intense frost; her Royalss Highness g of Gentle- Princess Augusta having kindly allowe d t endrn Gentle men to skate, and of respectable couipant; o w itness this delight ful exercise. Lady Gresley's Monday Parties will bt &scow -1 tinued for a short period.