The Sun. — London, England, 1825-12-03 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCH, DEC. 2. CHANCELLOR V. PARSONS. This was an action to recover the deposit of 321. 10s., made on a lot of buildings purchased by the plaintiff, at a sale by auction, on account of misdescription in the particulars of sale. The premises consisted of several parcels of land and tenements Mutate in the neighbourhood of Shoreditch, one of which was iiicribed as late " the Robin Hood public-house." It ap_ geared`that the house sold was only a part of the premises for , hoard. I heard him call her Fanny ; but I did not hear any body else call her any thing. Cross -examined.—l was at Newfoundland about a year. Andrew Snipe Thornlike —I am a brother of the plaintiff; I went to Shrewsbury Avith last witness, and saw the Lady be pointed out to, who Was my brother's wife. Cross-examined—Sarah Lewis went out with my brother's wife ; she is in Court. Mr. John, Tilden—l knew the plaintiff and his wife. I saw them on their arrival at Newfoundland, and they appeared to live most cordially ; 1 went afterwards to Halifax. On my return, Mrs. Thorndlke was extremely ill; her health had suf fered very ,materially ; her mind appeared to b e deranged— very much affer d. y 1 eh' - had often seen Mr. Welch's clothes brushed and cleaned. — Upon one occasion a necklace or bracelet dropped from Mr. W.'s pocket. The bracelet or necklace she was sure be longed to Mrs. Thorndike. Remembers Mrs. T. having three rings on her fingers. She said she had one from a Captain Moore, another from Mr. Welsh, and the third was her wed.- ding ring. Mrs. Thorndike.said she had a very great regard for the ring given by Mr. Welsh. She conducted herself as if deranged. Mr. Thorndike gave directions to the servanta'to take care and mind her m i s t ress did not l eave the house. She said she wished very much to go with Mr. Welsh on board the vessel ready to sail. Witness saw Hervey frequently at her master's. He frequently walked out alone with Mrs. Thorn dike. lie saw them once together in a summer house without Mr. T. Mr. Thorndike was taken ill,after Mr. Itirdsh sailed in the Egeria. Joseph Robinson, husband to the last witness, said he was a servant to hlr. Thorndike. Ile remembered Mrs..Thornuike's illness, which was attributed to the departure of Mr. \Velsh, on board the Egeria. Mr. Hervey sat up with her all night. Mr. Thorndike was at Major Skinner's. Mrs. T. would take no food that was not handed to her by Mr. Hervey. Witness once en_ tered the parlour when Mrs. Thorndike and Mr. Hervey were sitting on a sofa ; they did not sit close to each when Mr. Thorndike frequently went out with his wife and Mr. Hervey, and the two latter returned alone. The witness often went to the mesa for wine in the name of Mr. Hervey. Had seen Mr. 'l'. leave his wife and Mr. Hervey together in the summer house. part 0, ..._ , . . ..ry much a ff ec t e d; Sh e h a d two children. -I thought she ap. Melly so - called ; and that a `room called " a back premises," peered to have recovered before her departure. Plaintifrend was parcel of another house, s e par a tely described as if it had defendant appeared to b e livi ng o n the most intimate terms, been a distinct - building. The particulars also represented, and that intimacy continued all the time. Captain Hervey shat the landlord. was to sear the ground-rent ; whereas it was partook of the plaintiff's hospitality to the greatest extent, and Its be paid by the lessee. was a constant visitor. The plaintiff had been ill fbr a short Mr. DENMeN, far the defendant, proposed to show that the time. Captain Hervey and the piainuffappeared to be on most -premises were not essentially misdescribed : and that the ints. confidential terms. statement as to ground-rent was a mere accidental error, Cross.exarreined by Mr. BuouGlieM.—l returned from Ha which was clearly explained to the defendant at the time of the lifax in September. There was a public dinner given to the sale. officers before their departure, but I do not recollect th e d a y The LORD CHIEF JUSTICE put it to the Learned Com- exactly—indeed, I quesdon whether I was present at it or not. anon Serjeant whether it was possible to get over the circum- There was a public dinner the year before. 'I saw Mrs. Thorn stance of a room being distinctly and separately mentioned, dike frequently, perhaps every two or three days, while she which was included in a house also sold. was ill. She did. not speak of Mr. Hervey in her illness—in- Mr. DENMAN admitted that he could not explain this away deed, Mr. H. was more there than myself—(Laughter.) 11 though he could show the bona fides of the transaction. Thorndike did not tell me that his wife spoke of Mr.. Hervey. r. The Jury, under the Learned Judge's directions, returned I don't think I advised Mr. Thorndike not to allow Mr. Her a verdict for the plaintiff for the sum claimed. vey to be so intimate with his wife—indeed it was so delicate COURT OF COMMON PLEAS, DEC. 2. r a subject, th a t it s p o k e f or i tse lf. I d o not k now that Mr. Stone or Mr. Blake gave any advice of the kind. I knew (SWiek in koirdon, &fore Lord Clikf Justice BEST, and a Lieutenant Welsh of the Egeria. I have heard Mrs. Thorndike, Special Jan,'.) in that state of mind in which I found her upon my return, CREW CON. mention Lieutenant Welsh's name ; in fact, her whole conver- TitORNDIKE v. HERVEY. sation was perfectly deranged and incoherent at that time, Mr, JtisTreo o p ene d th e pl ea dings ; from which it ap- and appeared to be chiefly thinking of Mr. Welsh. I think peaeed that the action wa s brought by Daniel Thorndike, Esq., the Egeria sailed on the 13th or 14th of September. It was against the Hon. G eorge Hervey, to obtain compensation in then that her mind was in that state. 'ln about a week or ten damages for criminal conversation by the said George Hervey days she gradually improved, and was as usual. 'I believe Mr. with the wife.of the plaintiff: The damages were laid at 6,0001.1 Thorndike was at the public dinner ; I have no doubt of it— Defendant pleaded the general issue. Mrs. Thorndike was not ill then. The Egeria had sailed about Mr.. Sergeant VAUGHAN' stated the case to the Jury. He four or five days before the 60th regiment—l think she sailed had the painful duty of representing a much injured husband, on Sunday night, and the 60th regiment on the Friday follow_ whose bed had been dishonoured, and his happiness destroyed, ing. I think Lieutenant Welsh was not present at the public by the defendant, under the asseralance of friendship, and the dinner—l will not swear that Lieutenant Thorndike sung any - roof of hospitality. It would be for the Jury to give the de- comic songs at the dinner—l came in rather late—the dinner fendant every possible chance which his case might demand. made no great impression on my mind. 1 was present at Mr. - The plaintiff was a_Lieutenant in the Artillery, and the de- Moore's to supper, when Mr. Thorndike sang some hutrourous fendant was a Captain in the 60th regiment. It gave the Learned songs. Mr. Moore is not in the army—he is in the customs. Sergeant great pain to bring the conduct of the son of an ho- I think Frecollect talking to Mr. Thorndike about sonic letters - nourable and noble family before them. The plaintiff was from Mr. Welsh to his wife. I don'erecollect Mr. Thorndike married to the daughter of a Colonel Faunce, and under pe. telling me that he had found any letters from Mr. Welsh to his culler circumstances. They became acquainted as early as at wife, after their departure. the age of seventeen, the plaintiff having only his sword for Re-examined by Mr. Sergeant Vatic-Hare—l do not think • his fortune, under which circumstances the friends of both there was any thing improper between Mr. Welsh and Mrs. prevailed on them to waive the marriage. The Lady, how- Thorndike. I never thought there was any thingimproper ever, declined in health, and pined away ; and her friends, between them. Before my departure from Halifax; I think -in consequence, agreed to the match, which took place in there was nothing improper between the defendant and Mrs. 1818—she being eighteen or nineteen years old, and he three Thorndike. On my return 1 found her very ill, and her bus or four- years older. In 1822, the plaintiff was put on. bill hand's attention the, same as ever to her. Mr. Thorndike pay, anti was ordered to Newfoundland, where his wile ac- might have expressed some sorrow for Lieut. Welsh's depar wmpanied him. A year after they wer e marr i e d, a child was ture, merely on account of losing his society. Captain Roberts born. But unfortunately for them, the defendant was ordered commanded the Egeria. for the same station. They arrived in the month of May. The Mrs. Jane Cox—l am acquainted with the parents of the plaintiff soon after became ill, and his house was visited by the parties. I live at Bristol. I saw Mrs. Thorndike pregnant; defendant, who p ar t oo k o f his h os pit a lity an d friendship ; and he on the Bth of September last she was delivered of a child. - She was sorry to say that, during these occasions, he had wounded was theraliVing with her mother. I knew her after the mar- 1 the peace of the plaintiff in the tenderest point where a man can riage, and she appeared to be living happily. , feel his honour and happiness assailed. It happened that the Mr. Edward Baird, agent of Cox and Greenwood, proved defendant's regiment was ordered to the West Indies, in the fall the hand- wr iti ng o f t h e d e f en d ant , b y t h e l etter I se wro t e f rom of the year; hut, f or reasons un k nown to any one, he still loi- London on his arrival, to the Rev. Mr. Russell. The letter IN ILE POnTsMOUTH. tered at Newfoundland. One Sunday morning the plaintiff". was pia in and read, dated September, 182-L Dr. BersniNoTow opened the libel in this case, which was - wife had gone to church, where the defendant joined her, and, Mr. Sergeant VAuoHAN—That is die plaintiff's case. a suit instituted at the instance of the . Commission appointed strange to tell, they both went off' to a boat, which conveyed Mr. BRouGHAat then addressed the Jury for the defendant. under the Great Seal, to protect the person and property of the ethem on board a ship ready waiting. The lady having taken —He was not there to address their feelings upon the tonics Earl of Portsmouth, a lunatic. It was instituted for the p-ur .down her children to the beach, and _there left them, abandon- dwelt upon so eloquently by his Learned Friend; he was there pose of annulling the marriage of his Lordship with Miss Hatt ed of maternal care, in order to accompany her seducer. The only to call their attention to facts which had been omitted by son, which took place in the month of March, 1314. In the husband, on going to church, found that his wife had eloped, his Learned Friend. They had heard much of the affectionate month of January, 1823, an inquisition was appointed, to M end his feelings may be better conceived than described. They and happy footing upon which the parties lived, but there were quire as to the soundness of his Lordship's mind, and that bad had two children, the pledges of their affection. - The de. not witnesses brought forward to subst a ntiat e th ese t hi n gseae Commission declar e d him unsound since the I s t o f J anuary , fendant and the plaintiff's w if e se t sa il, an d arrived at Cork, The only one. o f Mr. Thornkike's family who was called was 1809. The proc ee di ngs were commenced in the month o f _ where they rem a ined s ome d a y s , an d t h en procee d e d . to E ng- hi s brother, the attorney in the cause, who knew nothing more February, 1323, and an appearance was not given until April land. They lived together in the same cabin, and the a d u lt e - of th e matter t h an if h e were prov i ng his attestation to a will. by the lady calling herself the Countess of Portsmouth. The rows intercourse could be proved beyond &doubt. , On his ar- Many persons lived - apparently on good terms to the outward libel had been given in on the first day of this Term, anti he rival in England, the defendant wrote a remarkable letter to the show of the World, but who were nevertheless Most unhappy subinitted that kought to be received - In its-present shape. clergyman who married the plaintiff and his wife. The letter in private. The evidence of Mr. Tilden did him great credit, stated that the defend an t h a d se d uce d F anny f rom h er h us b an d f or h e expressed the most painful reluctance to dwell upon Dr. JENNER appe a red on b e h a lf o f L a dy Portsmouth. He did not mean to ent er into th e • arid children, and had taken he r u nd er hi s p ro t ec ti on f rom S t. t h e su bj ect, w hi ch was most painful to all who beard it. His question as to the comp e t enc y o f John's, Newfoundland,i to this country. They left that place Learned Friend "h a d sa id ; t h at o f t h e manne r i n w hi c h' t he a Ceithmittee to institute a suit in the se C our t s , as h e k new there moren to prove their competency. This was a on the 26th of November, and in six weeks afterwards this let- parties lived at Newfoundland, he could say nothing, and why ? ter was written, describing the wretched situation of the lady's ' because there were no Ladies there. Were not the Ladies of ceise of than ordinary importance on account of' the vari ous interests involved in it The Court was called on to de mind, and wishing the clergyman to break the matter to her pa, Captain Roberts. there, and Mr. Moore? But there were dare void a marriage which had subsisted for 11 years on ae rate, for she was most disconsolate, and would so remain till other Ladies there, besides these, and they might have been count of the imbecility of mind of one of the parties, and the an interview hail - taken place, anal she be.reeonciled to them.— brought forward, Rut only officers were called to prove' the suit was commenced by a party, one of the Earl's family, who What did the Jury think of this man, who only five weeks after happiness in which they lived. The defendant; however, had must have known the grounds upon which the nullity is now taking her from her husband's arms, could have written this not the remotest idea of impeaching the Lady's characteree asserted at the period when the marriage was contracted. The letter ? Why it appeared to be the act of an accomplished and far from it. He would say nothing of his Learned Friend's The case was one of infinit e i m p or t ance , and required to be wat c h e d liligently by tile Court, so as to exclude the ple a di ng o f any experienced seduc er , w h o h av i ng b een sate d w i t h the l uscious observation of her leaving her children on the beach. banquet, had cast th e l a dy away—w h o h av i ng cropt t h e fl ower, assertion that the defendant was a veteran seducer, becauselillt had thrown it aw a y as a fil t h y wee d. B ut w h at could compen- he had written the letter addUced, was most incorrect.facts which are frivolous or equivocal, which might at the -sate the afflicted husband f or th e i n j ur i es susta i ne d t h rough the l etter proved the defendant ' s heart to be very kind, for lie time of the occur r ence, h a v e b ee n susce ptibl e o f e l uc id at i on perfidy of the defendant, his bosom friend ? It would be felt anxious to relieve the Lady's heart from the anguish but now, either in consequence of the death Of those who might proved that a child h a d b een b orn as t h e consequence of this tinder which it laboured, by res t or i ng h er to !lei friends—her have spoken to diem at t he ti me , or f rom a l a p se o f memory, illicit unable to give any satisfactory information for the gold illicit intercourse. He knew that the defendant had the be- own blood relations. He did not write this for the purpose, as tuner of the Court. The Learned Docter then went through petit of his Learned Friend (Mr. Brougham's) assist- had been Stated, of throwing her away after the flower !nit] aace, to whom it was no comp li ment to sayahat he (vas pre. been withe re d. Quite the contrary. But h e wou ld fill utathe the various articles on the lib e l, w hi c h are very vo l um i nous, eminent in cases of thi s ki n d, as every day. proved to an blank left by his Learned Friend, .and show the st at e Of her taking various objections to v ar i ous ar ti c l es . Th e lib e l set salmiring public. But he wo u ld s ay, th at t h e atroc i ty of this mind previous to Mforth time imbecilhy of Lord P or te Mo uth f rom hi s bi rt h , hi s Mr. Welsh's departur e —h e wou ld even - s h ow first marriage, in 1709, witleth e H on . G race N orton , an d state d defendant was unpar a ll e l e d incases of ibis kind, i n stealing a that she had spoken to Mr. Thorndike about Mr. Vrelsh—that generally, that his Lordship bad always been a man of weak virtuous woman from the bosom of her affectionate husband.— she raved about and was resolved to go after him. • Perhaps He had seduced the unfortunate lady- a be.had seduced her, and the love followed on his departure—but he would prove that understanding ;in consequeuce of which, previous to his mar then, making his love sit loose, had cast her away. He had the passion —the love for him had existed, and Whethetert *la riage with the Hon. Grace Norton, a deed was executed by tit care of the c hild, b ut w h at was t h at ? In any point of raving or not, still it was passion for him. Mon him, conve y in g , irrevocabl y , his p ro pe rt y into the hands of cer- r. Welsh al . view, the cond uct o f t h e d e f en d ant was very gross and aggra _ the next bed room to her, and was a frequent visitor Allthe tain trustees, to.manage it for him. It th en se t f ort h, t h at afte r that marriage, the unsoundn ess o f hi s L or d s hi p ' s m i n d h a d vated. Ile could not prove in what s t a t e th e part i es li ve d i n h ouse. He would prove that she had received a ring from Mr. • N ewfcundland, because there were no ladies on th a t station; Welsh, and had worts it after his departure. 'Whether . the increased.. It then detailed tho se v ar io us s t range propensities but the whol e ci rcumstances o f t h e marr i age proved that they love followed the illness, or the malady the love, was of no desiring to he blooded with l which came out before the Cance t ission of Inquiry ; such as s by women, attending fis hed been a lt oget h er t h e m ost l ov i ng and affectionate—till this consequence, .but if.she was allowed; after her recovery, to ncrals as a mourner, which he called black jobs—ringing seducer stepped in and blasted their happiness for ever. He ayp the same attention to others that She had clone :to Mr, church'beds, directing the choristers during divine service, how could not lift up the curtain and prove the adulterous inter- \ire's!), what would they say ? Was such conduct discreet ? they shall sing particular passages ; attending slaughter houses course, but it could be inferred from tile circumstances of the Was it cautious ? 'Hi would prove that she paid the same for the purpose of witnessing the butchering of cattle, and sa catie. The defendant had put off the trial on the ground of ma. attentions to Mr. Hervey, who was admitted to her bed-room ing, when an ox was played serve you right, you great tat terial witnesses being wanted for his defence, but he should be and that as freely as if she had never seen Lieutenant Welsh: beast !" Driving waggons furiously, and flogging time horses out surprised if he ever now called any—he would trust the case to Was this a fresh malady ? Did she get rid cf one love, and rageously ; associating with common labotters, and holding, up the talents of his Learned Friend, who would do more for him then have a malady for another? Did she take to Mr. Her. Ads hands both ways on a qu es ti on i n t h e H ouse o f L or d s. Ail titan any evidence . cou ld accomp li s h. A s to damages, no coin- vey, after the depirtur e ,of M r . W e l s h ? Anti was such con v .pensation could repair th e i n j ur i es susta i ne d b y the husband of duct allowed by the husband after her malady respecting Mr, these extra Pa; actions w ere d eta il e d m i nute l y . Th e L earne d this lady; he wo u ld, th ere f ore, conc l ude by leaving the case Welsh ? Indeed Mr. Hervey's visits were much more inno- Doctor contnded, at some l e n gt h, th at i t was i ncum b ent on t h e e in the hands of th e J ury , w h o wou ld d eal with it as their feel. cent than those of Mr. Welsh; but it was singular that after opposite party to fix the precise time when this alleged unsound. to lags and judgment s h ou ld di ctate , the first affair, her husband should have suffe re d h er t o go into ness of mind bad increased er such a degree is to atlect the The Rev. John R usse ll—l marr i e d t h e part i es with the con- the summer-house and Lady Portsmouth to know ho w t o s h ape h er la and to walk out arm in arm with Mr. s fler- validity of the marriage, otherwise it would be impossible f or ( sent of their friend s ; h er f at h er an d s i sters were present at the vey. The case of Mr. Hervey was most unfortunate ; after these grounds, he pray e d th e C ourt to or d er the l ctate, and on ibel to be re marriage. Colonel F ence res id e d at O swestry. The couple what had taken place he found a woman of great _Termin a l -were young, and liv e d most h app il y; t h ey h ad two children. bea u ty, and the temptation was not to be denied. The Learned formed. se Witness never knew a cou pl e more h appy. Gentleman concluded an eloquent address, by saying, that the Dr. Donso followed on th e same s id e . Themes Orlando C a t or —l ant i n t h e same regiment as the lass which the plaintiff had sustained, if,any should be born e Dr. LusHexcnr me said, in reply, that he had been for th e plaintiff—Abe Royal Artill er y. I k new t h e p l a i ntiff at Wool- by the party who had occasioned it, for his client was .not last 17 years in the constant h a bit o f b ear i ng D r . J enner argue wioh, and visited hi m b e i ng a family man myself. I never g u ilty, as h e wou ld prove b y t h e ev i dence w hi ch he Should cases in that Court, but n ever b e f ore h a d h e b ear d him put forth argumenta so perf ec tly untena bl e, w hi c h on l y proved the Anew a couple mare loving, or a h us b an d more attent i ve to his adduce. wife,, He went on half-pay- for some time, anti I did not see . Mr. Charleh Chichester examined by Mr. Arnmansow—l am more clearly how desperate was the case his lion. Friend had him. When h e re t urne d again t h ey had two children : this Captain in the 60th regiment. I arrived a b ou t t h e m iddl e o f to su pport. He had bestowed considerable labour on the case; • was in April 1823, when they embarked for Newfoundland. May with Mr. Hervey ; I was acquainted with M r . an d M rs. it took him six, weeks to settl e t h e lib e l, f or t h e L or d Chan. They appeared then to live most h a ppily t oget h er. 'Thorndike; I knew Leutenant \Vasil ; he was a n inti ma t e cellos refused to receive hi s op i n i on unt il h e h a d read every ' Airs. I.. Chaplin-1 first became acquainte d w i t h t h e plain-- there ; he was a draftsman ; I saw hi m drawing Mrs. Thorn- single paper in the cause; an d suc h a mass of documents he tiff and wile from 1821, a nd till th e i r em b ar k at i on. D ur i ng the dike's picture; Mr. Thorndike was there; I went away with ho p ed he should never again have to encounter. Upon his whole time they app eare d to li ve most a ffe ctionately. As a Mr. T., and Mr. Welsh was left there; remembers Mr. T. going part, therefore, it was utterly impossible he could do any husband he behaved in a mos t exemp l ary and affectionate from the mess, and coming back and saying th a t Mr. W thing more to the lib e l ; an d h e su b m i tte d to t h e Courtelch in its. peeeent form-, with out any a l terat i on ,l t ' Oug h t to be that ad manner, and her cond uc t was reciprocal. This continued till and ,Mrs. Thorndike were taking tea. It struck me as impru .tissia embarkation, I n ever saw a more affection a t e cou pl e . d ent t h at M r. W elch should be left with Mrs. Thorndike; I mit ted. Dr. PICEARD followed on the same side. Cross-examined by Mr. 800 UGJIAM—I live in Romney- remember the time of the F. isgoing away • Mrs. Thorndike -. On e Sir C. RoniNSON gave judgment on the point, and admitted buildings, No. 6, New Kent-road. They visited at my house. appeared to me to be very much g etfected at the time. use , 111'y .husban d is a wholesale merchant in the city. third or fourth day after the Egeria was gone, the little child tae libel its -present shape. •11/Ita Chaplin--I . was on visiting terms with Mr, and Mrs. said Mr. Welch was gone ; Mrs. T. said, " Oh, you little wEsTeteavrn v. WESTMEATH. ThOtndlke. They appeared to live most lovingly until their wretch, * how c an y ou s a y so,' , a r i d ga ve her a slap on the head. When this case was called on, Dr. JENNER rose and at/- embarkation. Mr. Thorndike was there during her illness ; she said to M r plied to the Court to fix an early day, before the end of the • Mr. Henry Dixon Daniel—l am a marri e d man, and in the •T. that she had injured him, and asked forgiven t ess , e she s.a. id . 'Session, to hear the argument of-Counsel on the evidence in Army. I knew the plaintiff for many years before he was she had murdered Juli a , and also exclaimed, " 00, that knife I the cause. He had been instructed by the Marquess of Married. In the latter end of 1823 I renewed my acquaintance oh, that knife!" - Mr. Thorndik e said be knew that notl 1 e \Westmeath to make this application, in consequence of • with him at Woolwich. My wife and his were on visiting had happened. When she struck the child site got ' up, ' ,ul n a part' of the evidence only having been piblished, anti the Mail ternis. The plaintiff and his wife appeared to be truly affec_ walked about crying. qtiess of Westmeath felt he had reason to complain of that tionatee They continued so till the period of their embarkation Cross-examined by Mr. Sergeant VAuGHAN.—She was in a ex : Earie statement, two children. Egeria. There is great confidence subsistin in such stations ; • when James Rayner—l belonged to the 81st Regiment, and was at he hoped he should feel ahi h e r s e n •,f honour under such Dr. I Oetrlte ToN said, that on behalf of the M 4 archiones i s, Newfottedland in 1823. I have known the defendant for three circumstances. Does not recollect that ( Mr.lerve was ern- he he'd n o o f lr ' ation to ac t c l e i d e etoany arrangement Otr an ehrey years or more, and h a v e know n th e pl a i nt iff we ll fo r some ployed to communicate with Mr. Welsh on the subject y of what hearingcause, as Marchioness had no wish what time: Our regiment relieved Capt. Hervey's Regiment (the had been said by Mrs. Thorndike; think s that Mr. Hervey ever that any ex-parte statement should be published. 60th). Capt. H. embarked at Newfoundland on board the told him that he had got Mr. Welsh out of a scrape ; has never The Marquess of Westmeath then said, if the Court will brig Todd, on the 21st November. 1 saw Mrs. Thorndike on seen a letter written by Mr. Welsh on the subject ; has heard permit me to state, my great wish is, t o h ave th e cause h ear d the beach. I ant sure it was th e l a dy. I saw Captain Hervey from Mr. Herv e y th at W e l s h h a d wr i tten a letter. as early as possible, on account of the publi ca ti on o f some o f and Mrs. Thorndike come on board the bri g . They were to- By Mr. ALDE-osow—Mr. Hervey told me what the scrape my letter s , Although lam perfectly aware th a t th e C our t h as gether on board the brig, and in th e same room. I never saw was. no controul over the public press, nor, it' it had, should I re bat one bed there (laughter). They slept together. The brig By the Con nr._ft was the same *as small. Capt. Hervey and M rs . Th orn dik e eat and drank conversation took place in England.l understood the question Court to consider the cruelty of my situation. together. One day I went into the cabin; Capt. Hervey was to me to be if any conversation took place. Sir C. RoniNsow—l wish, my Lord, you had some controul ill in bed, and Mrs. Thorndike attending him, I saw a hand- (It having been understood that Mr Sergeant• Vaughan's over yourself. What I we:going to observe, when you ad kerchief marked Thorndike. She w as rea di ng b y the bed-side. question related to what took place at Newfoundland, the evi- dressed' the Court, would have the effect of remedying your We arrived at Cork after a passage of sixteen days, and Capt. define respecting the scrape was struck out.) Lordship's complaint. The Court will attend to any sugges. IL and Mrs. Thorndike put up at the Commercial Hotel, win. Catherine Robinson was the next witness called.—She re- fion of .Counsel as to fixing an early d a y f or h ear in g the cause, g ther I carried : some of thei r lu ggage . I saw them in the sitting membered Mr. Welsh coming frequently to visit her master and , is.anxiou s that all prejudic es s h ou ld b e remove d. room'there, and they had only on e b e d -room, b ut I did not see and mistress. Mr. Welsh was always on terms of intimacy The Marquess of Westmeath apologised for having obtruded together in it. They went off to England on Tuesday with the family. He o ft en s l ep t at c a p ta i n Thorndike's house. himself on the attention of the Court ; his cruel situation must morning. 1 never Saw Captain Hervey afterwards, b u t I saw He occupied a dressing-room between Mr. Thorrolike's par- be his ap logy' Mrs. Thorndike in March afterwards. On board the ship they , lour.and bed-room. Mr. Thorndike Went out to his station, e The either - * readi of the depositions occupied the Court the passed as man and Wife, and were so looked upon by all - on and left Mr. Welsh sleeping in his (Mr. T.'s) apartment. She remainder of the tiny' By the LORD CHIEF JUSTICE—Mr. Hervey was known to Thorndike to be sitting up with his wife?—A. Yes. Q. There was a medical attendant ?--A. 17es. - Q. Did you ever notice any thing improper ?—A. Never. One or two other witnesses gave similar testimony. Mr. Sergeant VAUGHAN replied with great eloquence, and commented with great feeling on Mr. Brougham's evidence.— 'He observed, that the deliriuM under which the unfortunate lady suffered at the time of Captain Welsh's departure was produced by the conduct of the defendant himself. The obser vations she made on the night alluded to were the chimera of her brain. In her raving she supposed she had killed her own child. The Learned Sergeant considered the conduct of the defendant unparalleled. The CHIEF JUSTICE, in his charge to the .Tury, said the de fendant, in case the verdict should go against hint, and when he had paid the damages, would bitterly lament that he had not suffered his Counsel to use their own discretion, and abstain from such a defence as he had made in Court that day. his Lordship recapitulated the evidence, and commented strongly on those parts in which the defendant had endeavoured to pal liate his misconduct, by attributing to the object of his seduc tion an intimacy with other persons. The defendant had been the author of her first shame, and could not set her subsequent misconduct in palliation of his own. AVith regard to the wit nesses called for the defence, not a tittle of evidence was offered to impeach the chastity of Mrs. Thorndike, in any other-in stance than her intimacy with the defendant Hervey. On the subject of the rings and trinkets found in Mr. Welsh's clothes, he, the Learned Judge, was sorry to say that it was too much the practice, and a most abominable one it was, for gentlemen to possess themselves of ladies' trinkets, and then boast that they had bean presents, not that in this instance such had been the case. The rings could prove no act of criminality against the lady, because she might have presented the rings as a mere token of friendship. The act of adultery between the lady anti • Mr. Hervey was proved, and it only remained for the Jury to consider what damages were due to the plaintiff for the injury he had received from the hands of the defendant. The Jury retired rather more than half an hour, and on their return found a verdict for the plaintiff, with 4,0001. damages. CONSISTOLIY COURT, Dec.!. ANGLO-MEXICAN MINING ASSOCIATION. VIII; DIRECTORS of the ASSOCIATION for ASSISTING in WORKING the MINES in MEXICO, and other parts of SPANISH AMERICA, having, under the powers vested in them by the DEED, made a CALI. of FIVE POUNDS• on each 1' the SHARES of the AS SOCIATION, forming, the Eieth Instalment, the Pro prietors are requested to pay the a eon the amount of their respeCtive Shares to 'Messrs. BARCLAY, TRITTON, BE VAN, and Co. Lombard-',itrcct, on or before the Uth day of January next. JOSEPH LO E, Sccretary. 7, St. Helen's-place, Dec. 2, 1325. PIIICIL OF STOCKS THIS r kV AT ONE 0-CLOCK Bank Stork 3 per Cent. Rea. :3 per ('ent. Cons. 3i per Cent '..)l,‘ Ditto Red ' 91, , i 904 i 4 per ('ent. Ne'a Bank Long Ann. 20 l 1-16 India stock Old A nntuties New Ditto . Ex. Bills 1110iil. 12 ; d. U 7 6 pm. Ditto 580/. Ditto Small 118. ••• 8 pin. Ditto Advertistfd Bank for Acct. India for Acct. Ditto Bonds South Sea Stock Cons. for Acct PRICES OF FOREIGN F Amtrinn Bds, spercent Brazilian Bds 18 . 25 Scrip Buenos Ayres Bds Bds, 6 per cent — Colombian It ;J .(D9 AT ON} O'CLOCK Mexican Scrip Neapolitan, 5 per cent. Neapolitan do. 1824 Peruvian Bonds Do. Scrip Portuguese Bonds Prussian, 5 per cent. Ditto New Russian, New. 5 p. ct. 904 Spanish 1821, 5 per ct. ... 15 Do. do. 1824 Danish, 6 per cent. Do. 3 per cent. Greek 1(13 Do. 1825 Guatimala French Rcntem.s p. c. 94f. 50c. Exchange ... 25f. 10c. 3 per cent. ... —f. —c. Exchange ... —f. —c. Mexican Bds D. 1624 674 (4 PIZICE3 OF SIIiIdES AT ONE O'CLOCK. Anglo-Mexican Mining Company - Bolivar Mining Company Pasco Peruvian Mining Company Tlalpuxalma Mining Company British Iron Company British and Foreign Paper Company Canada Company Imperial D]*tillery Company Per Share. 13i A ... 1 FOKEIGN NI All.S. ARRIVE!). INE. Guernsey and Jeri - 0 1 Gotten burgh . - 0 2 1 Lana bu . rgh - - 0 3 France - - - I 0 if I lill 11',A TER AT I,(lti DON BRIDGE TO-1101tROW. Nltirning, 15 triinutes after 8. i Evening:, 48 minutes after 8. w . THE S TN. BOLL M CIUIS DICERE FALSETIII ,11.1DE4T LON DON. ' SATURDAY EVENING, DECEMBER 3, 1825. The Paris Papers of Thursday arrived this day, and contain some news from Greece and Madrid. The career of the new Spanish Minister seems smooth and placid, and unmarked for the present by any event of importance. With a liberality which deserves example, he has presented to the KING, for the service of the State one year's produce of his income, and which, it appears, Fcunitv.vso has accepted. This fact, to a noble and generous spirit, would give rise to reflec tions which, however hitter, would produce some beneficial consequences for the country, and rouse a high-minded man from that supineness and lethargy which in spite of poverty and re bellion seems to overwhelm the King of SPAIN. ZEA has been appointed Ambassador to Saxony. The intelligence from Greece Is only confirmatory of that previously received. Oa Thursday the French three per cents. at three o'clock were quoted at an improved price, having rose (*ion) 62. 80. to 63. 25. The five per cents, had declined from 95. to 94. 90. The following are extracts:— MADRID, Nov. 20. Nothing yet has been chanted. The new Minister has not displaced a single officer, and far from conducting himself towards his predecessor with persecution, he beholds him with regard, and paid him a visit, which M. Zea returned the same day. It is even added that a diplomatic mission will be offered to him.. The object which appears to occupy the Duke of Infantado, is to place about the throne a body which will give support to him by their weight and power—the Council of State and the Council of Castile. Following these views, the Council of State will be remodelled, and several of its old Members, and some of the Consultative Junta and Presidents of the Supreme end Ecclesiastical Councils, will be raised in dignity. As to the Council of Castile, its powers will be better defined, and it will be compelled to depend more upon the Supreme Court of Justice. It is said that the Duke of Infantado would pl?:ce one year's value of his income at the service of the King, which is about 4 millions of reals ; and that his Majesty received the offer of the friend of his youth with much kindness. The Clergy have not been behind hand : the Archpishop of Toledo and Father Cyril hive also given a sum of 25 millions of reals. TRIESTE., Nov. 16. • Since the departure of the Turkish fleet from Alexandria, the most contradictory reports have been sent into circulation by the partisans of the Turks, and by those of the Greeks alZo. [The Reports are given in the Etoile, but are unworthy of the smallest credit.] The truth is, that the Turco-Egyptian fleet has sailed from Alexandria ; that it reached without ob stacles the waters of Candia ; that the Greek flottilla was at this last place watching an opportunity to attack it, either wholly or in part, for it is said the ships had separated, and that one division was in the roads of Candia, whilst the other covered the disembarkation of the troops at a port in the Morea. The last news from Corfu does not announce any change in the state of affairs in Etolia : on the contrary, they assert that the siege of Missolonghi had not been raised. There is much talk of negociations going forward at Constan tinople with several European Ministers and the Reis Effendi, on account of the delay in the evacuation of Moldavia and Wallachia in spite of the orders of the Porte. LUCERNE, Nov. 20. M. le Marquis de Moustier, Member of the Chamber of De puties, Gentleman of the King's Chamber, and Ambassador 47 18 7i 7 funeral.) Wood, however, has yielded toConif e- y r in mlliarnik„ imposition o a y s n o r n i li s as interference. become n t o h w e s f u a l r j e t c h t i s e f jotb : ir. fro ference has been effectual to protect th e Pu- 1 3 is ? great and notorious frauds are practised in the l trade to the great gain of the dealersyacu r corresponding loss of their customers, but Wiled° Os ° it is more, or whether it is less extensiqn r would have been the case if these Acts had serer been made it is impossible to say. Suffi ce yet to be learned. Certaitit: itb o ld ever in this case to remark that as b Y t 7 ;,, proverb, 46 the proof of the pudding le I : eating," so in the present case the r ilia &Si fraud is in the price. At the pits mouth comforters of our souls are six shillings Per toot at London Bridge they are from 375. to 44 1 ep' cha Id ron, and laid into our houses from 455. t° sss i the clialdron, and liable to advance, not in ° lse° , scarcity, but so soon as a frost and snow sod I ( ' shall render their acquisition more than e ' Jr sirable. Such is the state of things, and wi a if tion, indeed, all the Acts of Parliament apart, the coal market could be in a worse W ai n or the public less dependant on the konf sl i ° Coal Merchants than they are now. ? moot We know we shall be told that unf e— • takes a duty on coals imported into the lo rt ° 0 prow - London ; but wo know also this duff I'l ls . bet reduced, but we don't know that the Cull Med" chant ever reduced his prices in a eotresreer ing degree. But be this as it may , that 101111,1 e account for the great di ff eren ce betWeerifite, pri ce at the pit's mouth and the price at P tir sides. Now for the remedy for t hese gries".r to We do not pretend to shew it, uninitiated 111,4 s hoal ( ' the arcane of these lords of colliers -41°w ChM , we ? But we have a seceder from their en"- a light trusty and honest man, who p ro' mises, on condition of inviolable gecritv to lay the whole before us, and let 11 1411 o j i l l . into the tricks and contrivances of 11,1:st mystery of a coal merchant. Bu t We stll' ' er ' these secrets in the same way as ev° l l t o secret is treated, share it with our friends e tiltr public. They shall have them all, with cet and with the smallest possible delay. Yesterday afternoon, at one o'clock, 8°1111:111- --.43110"- -- C_ n o r u . ncil was held at the Foreign Office, in ''!_ i ° o n ins street, summonses for which were issine, thursday n i g ht. The Cabinet confined i . 1 ‘ 1 4 go , b liberation till a quarter past three. the i e tlle Earl present were the Earl of Lirerl26°4 t he the L:otfrditilarrowhy, the Duke of Wellingt°l4,fi y Chancellor of the Exchequer, Mr. SeCfer , Peel, Mr. Secretary Canning, & - .c. „Icjoci, • s dn o y f alfiitsertrvivite,ssiyoo,sn Most f i er; ,v " jii p ci i i f it y # Yesterday _Council assembled at the Council OfrIPPJ" t i - to' hail-place, to hear some Appeal-IW°' Ear of their Lordships. The Marquis of IlisTINGs and ' the ; he. the H o m e A tHin T e l mn % t Otffiracnes.acted business yesterdoiri'pe Secretary of State's Of fi ce for the Colenllll • - V l !' Yesterday morning, Sir 11(0000 - -7 ~, 61: , transacted business with Mr. secretary P'!" - , • • ac afit Yesterday morning Sir HERBERT TA i-• 5 , , Military Secretary to the Duke of Yong , ! r '', l 4 l l acted official business with his Royal flie,ll;;rl.,, at his house, in South Audley7streetood PT.e• wards went to the Cominander-in-Chief, .19';‘,•r. in the Horse Guards, and held a Public Pei . • Military Officers. . il, Yesterday a Deputation from . the pri acP s , Rectifiers of Spirits waited upon the CHANcEL.I",- of the EXCHEQUER, at his hotise in Dell;7, street, and had an interview far a consider° .. time. cora His Majesty's ship Waspy), with for a S TR ANGFORD on board, arrived ilt Cronstadi -s, the sth ult., and his Lordship reached St. reter ter A sea D . burgh on the following Monday. names were Huntingdon and Metcalfe, the feri".ti finecit.d s‘,vals)eftowuegehiti:yetwst:rdGayennatioerginienng. infil3_lo°?: of whom was Nv6unded on the side of the ii" j severely, hut not dangerously. • The Par ties st . e n r‘ their friends went to the Red House by 1111, 0 1 I Nr where they made thenegoary prergkrk, 4. combat, • . from France to Spain, had addressed a letter to the I t cad Directory of Switzerland, on occasion a hi s recal from thl E tubassy. PARIS, nl yc. l. The Madrid Gazette announces the arrival of the Rog a Madrid from the Escurial, With the Royal film* Zea bag b een name d Ambassador to the Court of SWOP It is reported that towards the end of October, inl_.alar Banda Oriental, B o li var h a d proclaimeliimself gull4l° or Peru ; others say, Emperor of South America. terdif The obsequies of G enera l F o y were celebrate d Y"--- f Notre Dame de Loretto.—(Here follows an account o As the winter is now arrived, and we') lave already felt its rigours, perhaps a few words Pu -°ll toe subject of that w hich is calculated t° 30 f 1 ble' e° °Et its severities, viz. Fuel, may be accept s public. Before co a l w a s yet introduced i° ite houses, the Legislature found it tiecesvir.r."°,., terfere and regulate th e sale of billets end ""'; gots of wood, in order to prevent i m pooti° ° 0 i fraud. These Acts w e re passed in the .ri.ifv9 EuzABETli and ANNE, and are even " w 41 ; f° ,, rcr o: two h ago. e ~ s ldee d those of ANNE were amended . 8 Cosy‘ol