The Sun. — London, England, 1801-05-28 00:00:00

% 11W' REPORT. - COURT OF KING's BENCH, M. z 7. toRD KENvorr AND A STLCIAL Iv WESTMINS HALE. THE KING CARTWRIGHT AND ANOTHER. THIS was an Indidment against the Defendants who are Constables of the City of London, for hay ingobstruded one Joseph Middleton, and another, who are Revenue Officers, in the due execution of their duty, in taking sonic Coffee, about 15lb: of it, which was not protected by a Permit. Th.: De. fendants had apprehended these Revenue Officers for thus seizing these goods in the. City, and they were actually committed to the Compter, where they re. mined for some hours, under an idea that no Reve. nue Officer could seize any goods, contraband or Otherwise ' in the City, of London, unlessccompa. vied by a City Officer. The ATTORNEY GrNERAI, said, that the main olljed of this prosecution was to put an end to the erroneous conception of Law that had been support a-hitherto, namely, « That a Revenue ,Officer could not seize smuggled goods in the City, unless accompanied by a City' Constable :" that was the view with which this prosecution had been institut ed, and if that purpose was answered, he did not know that he should be called upon, in the exercise of his discretion, to bring the parties up for Judg mj.nt in case of a convition, of which there could be no• doubt, because the evidence was p.,cedly clear. • Mr t Pt a ns,on the part of the- Defendants, .ac quiesced .in what the ATTORNEY GENERAL said, and therefore 'should give those who had the con duet of- the prosecution, no further trouble than barely to examine one Witness, to establish the faas, to Warrant the finding . of the Jury. Cer. 'vainly the idea that a ReVenue:Oflicer was nor ern. powered by'Law to seize contraband goods in the City without a City Officer, was a misconception of Law, and the founded upon that error,,,inust be followed., up no longer. Nothing was more • hariktsome than the manner in which His Majesty's ATTORNEY GENERAL had COMitlfted this prosecu tion ; the Defendants were obliged to him. The Case was prOved by one Witness, and the Defendatits werefound Guilty. THE KING v. THOMAS SPENCE. This was an Information filed by His Majesty's ATTORNEY GENERAL against the Defendant, for the publication of a Libel, which was objeaed to in two ways : First, That it was written and pub. fished with a view of causing it to be believed, " That all Landed Property in this Country was an usurpation and a great evil, and recommending that all the Land of the Kingdom should be equally di. aided by the different Parishes of the Kingdom, among the High and Low, Rich and Poor, Legitimate and Illegitimate, equally." Secondly, " That it advised every person who did not at present possess considerable Landed Property, to abandon the De. fence of the Country, in case of an Invasion of it by the Enemy." The ATTORNEY GENV.KAL opened the Case in a short, clear, and energetic Speech, on the mischief of such Publications as these, and the necessity of repelling them. It was proved that the Defendant sold the Pamphlet in question, which is called " The Re storer of Satiety, &t." he had it locked up with other Copies, in a box under a bulk, which he kept under a window of a Public house in Oxford -street, which was obtained from him by the Witness tel. ling him it was fur a friend of Liberty. The Defendant read a long Address to the Jury, consisting of Extras from and Commentaries on the book in question, which he defended from the beginning to the end, saying, he had aded from principle, and had composed part of this work at Newcastle-upon-Tyne, and read it to a Philoso. phical Society there five-and-twenty years ago, &c. 'is Address took him near three hours to deliver. The ATTORNEY GENERAL replied.—The Jury found the Defendant, Guilty. He was then com mitted to Newgate on the Motion of the ATTOR NEY GENERAL. CRIM. CON. C.'STI.YR , T, ESQ. V. THE MARQIItS OP BI.ANDFORD. This was an Aaion for Crithinal Conversation between the Noble Marquis and Lady Mary Ann Stun, the Plaintiff's wife. • The Pleadings were opened by Mr. JErcret, and the Case by Mr.. ERSKINE, who said, that the evi dence by which he called upon the jury for a ver diet for the Plaintiff in this Cause was uncommon, but not new in principle ; it consisted entirely of Letters written by the Defendant to Lady Mary Ann Stun ; fot: proof of the adultery in any other respect, certainly they had none ; for so cautiously had the Noble Marquis conduacd himself, that none even of the domestics of the family suspeaed what was going on between him and Lady Mary Ann Sturt, and the way, in which it was found out was,- that of Mr. Sturt himself having come into possession of some Letters which the Noble Mar. (pais, 'who is note' in Parliament, had written, and whiCh came in an envelope to' Mr. Stun, who is Member' for Oridport. By theie Letters it F eared that the Noble Marquis had long been, 'in deed for years, in thelutbit of corresponding with Lady Mary Ann Stun,: and it appeared most mani festly that they. had corresponded , criminally toge ther ; for in one of ;the Letters he .called himself Lady Mary Ann Sturt's dear beloved-husband, and said, that the child of .which she had been recently delivered, was the..pledge of their mutual love, as well as the effeet of it. These Letters, by accident, came into the hands of Mr. Stun, -who intercepted part of the correspondence, and on the receipt-of the last of Illicit, Mr. Stun became convinced , that his bed had been dishonoured, and therefore he de termined on breaking off conflation with his wife ; but as she was then within Six weeks of being deli vered, he thought it might be fatal to her and her innocent infant, to state his discovery at that time 4 He therefore staid until she was delivered of the LONDON : Printed At the f.rt.i..OrEit.:2, child, which was a girl, and all danger was over, and then he renounced all, connection with her for ever. .And he immediately brought his' A.:.tion. The precise time when Mr. Sturt made this'Alico vety could not be proved, for two reasons.-4irSl, l';‘ Because Mr. Sttirt. could not, himself,-: be ex. amined, and - no otherperson knew the fail other wise than as he had disclosed it, and as appeared ivy' the letters theMselves :"Secondly, ig Because the letters bore no date 'of either month or year, being only dated with. the day of the week ;" but prov ing them to be of the hand-writing of the Defend. ant, and their connetion with, and. dependanceton each other, would shewtdthey had been received by Lady Mary Ann Sturt ; it would be evidence, from which the Jury could not do otherwise than infer that there had. boen a criminal correspondence' be tween the Defendant and the Plaintiff's Wife.— .1 The. Jury would , therefore be bound to give . the Plaintiff a Verdi& The next consideration would be the damages ; and considering who the Defend. ant was, that he had a beautiful and accomplished wife, by whom he had five children ; and consider ing who the Plaintiff's wife was; that they -were all conneded together in family interest, and that the Rights of HoTitality had been invaded, and these indeed, were reasons why no suspicions had been entertained of this illicit amour sooner, be thought very 'large and exemplary-damages ought to be given in this case.. • The correspondence between the Noble. Marquis andlady Mary Ann Sturt, as Mr. ERSK gE stated, was then read consisted of a great many let. eel's from the Noble Defendant to this Lady, con. taming the warmest and most ardentexpresaions of love, and indeed, in some instances, bordering ''on the phrenzy of that passion ; complaining_ of het , in, constancy, and vowing the eternity of his own, &c.. and in one of these he said that he talked - in 'his sleep, and alarmed_ his wife,- the - Marchioness of Blandford, for whom, hoWever, and for whose fa mily,- he expressed great solicitude. lii one - o f these letters he called . .Lady Mary:Ann. Sturt his dear beloved wife, and said the child of which she had been delivered was his child---the pledge of their love, &c. _ _ _ The Cause was concluded with perfeet candour on both sides, for the hand-writings of the parties were admitted, &c. • , On the part of the Defence, the ATTORNEY GE.. NERAL made an able Speeds, in the course of which he insisted it appeared by the correspondence that the Plaintiff must- have known-of the dishonour of his wife, .and had connived at it, that therefore he: must come under the class of Cases by which it is decided a Plaintiff cannot recover in this Aftion ; that hp was indeed the Pander of his. wife's lust, and like Thedphilus Cibber, ought, to have only the smallest denomination of coin known to this Realm, if a verdia at all, but that he was really not entitled to a verdia, for that he constantly negleded his Wife, going to bed at his house at eight o'clock at night, and leaving his I.4ady with the Marquis, to whose visits he never objefted, nor was it ever dreamt of in the fiunily that he ever would objeft ; and that the commencement of this A4ion was quite a surprize on all those who knew Most of the concerns of this family. That this Gentleman had been under pecuniary engagements to the Marquis, and often confessed his obligations to that Noble man; who had sent him some excellent Madeira wine, which the Plaintiff was very partial to,- and had invited the Noble Marquis to help him to think it, which was the most constant of his employ ments. That he took a course which never fails to inflame the passions of any *woman, and Which makes some of them frantic—he lived with, kept I, in open and adulterous concubinage, and had chit_ • dren by, a woman of the name' of Krumpholtz, a player , upon the harp. That by these pralices he had really lost his cause of aetion ; and that he himself was so sensible of this, that in a Let ter which he wrote to a confidential friend, he had said of the Marquis, that his company was in different, he, being employed in composing some very sorry music at the Plaintiff's house---" the Death of the Wren," &c. ;' but that.he made it up sonic how or other i that he gave Mrs. Sturt sonic trinkets, by which she was- very finely dressed, &c. but which he thought would better suit the Mar chioness, but that she was no favourite, &c. Sec.-- From all this, the ATTORNEY GENERAL contended that the Plaintiff had lost his right of Aft*, &c. To-support this, several Witnesses' were called, but they did, not prove this case to the extent of the opening ;, they proved, that the Plaintiff lived . in a state of concubinage with this Player upon the Harp, but not that his wife, Lady. Mary Ann, knew it, that being matter of inference 'only : they proved the Letter which acknowledged the trinkets, wine,:&C. but there was no dire evidence that the Plaintiff knew of the correspondence be, tween Lady ,Mary Ann and , the , Noble Marquis, &c. &c. Mr. Eitsitztiz made an able feply, by which he admitted that the Plaintiff, having lived in a state of concubinage, was an immoral aft; but contended there was no-case that had gone the length Oat such condua, took away the• right of his. Anion ; for the immorality of the Plaintiff did not give to the De. fendant a right to commit adultery. With the Plain. tiff's wife. Such is the substance of the Case ; More we can.: not • give without -much greater space,,than can he allotted to it at•present. . • . Lord KENYON said, «he partook of the feeling of the Learned Gentleman who itad ptefaced his first Address to the-Jury,• by saying he had been con. cerned in, the trial of so many of these Cases, that • very little he knew could be said upon them, and her.felt sorrow for the continuance of the praftice. With the assistance, -of Juries, his Lordship said, he had done almost all. be , could to suppress this evil; but both Juries arid himself had hitherto found themselves in the same condition as the strong man . who, after he had cut the serpent's head off, found that-pthers grew up ;: for although some Cases might have been supposed to operate to deter persons from Committing. this offence, yet others grew up, and they really multiplied upon us ,grievously. Whe ther they would be put an end to at: last, by 'hold ing up to contempt, if contempt was dreaded by some parties of this 44.hici s he knew not ; but it was the ditty of Judge.; and Juries to do all in their pow ers,- when fit occasions presented,themielves for that purpose. There were several and .very - different charaders now before the jury—some whose con dud called for indignation, others, respell and catn •miseration. When ~,he heard that part of a Letter of my Lord Blandford's, which stated that he talked in his sleep, dnd alarmed his Lady, it was impossible not to feel compassion for that amiable young Lady. - His Lordship &aid, he had not the honour to know her, but he had heard of her by report, from a quarter on which he could rely, and that report was highly to her praise. She was the daughter of a family whose women were all virtuous, and men all brave. Here his Lordship pronounced a very warm pane gyrick on the Noble Family of Ga t. way, which had been, he said, often distinguished in its Coun try's Cause, and' been instrumental in proclaiming its glory. Having said this, .his Lordship took up the Cause now before the Jury. Mr.- Sturt, the Plaintiff in this Ation, said his Lordship, comes here and telli you, I have formed a connettion—an honourable connexion—l have discharged -the duties of that connection faithfully---I have, per forMed the promise of my marriage vow—l have abstained from all connection with other women—l have kept My faith and preserved my affection en tire for my beloved wife—all -this I have perform ed--4ut .my feelings have -been wounded, and my honour sullied by the•condud of the Defendant—l am hurt in the tenderest point—l have lost the so ciety of my beloved wife, and I come, to :you for such satisfadion as Men of Honour can give to a man so injured. I do, not say that these are-The wiirds . oline Plaintiff's Declaration in this Cause ; but I much misconceive the very nature •Of this Case, if he does not. tell you so in substance, and this is the short-hand of.the.matter of complaint. Gentlemen, from different situations in life, different duties flow. All of you most probably have• Wives ; and all of you, I am sure, know, that .as Husbands, it is your, duty to be kind and affec tionate to your Wives, and that to be careless, of your' Wives would be culpable in you ; but to fol.. low such pradices as may not only bring dishonour on your family, but -even disease into your beds, would be . most wicked ; for it must bring with it misery and wretchedness. . . " If this Cause turned on the question of Adul-, tery, I am of opinion there is in it sufficient proof to support that allegation. I think that one of the Letters, in which die Defendant calls the Plaintiff's Lady his wife, and the child, his child, proves the Adultery beyonda doubt., The claimi of the Plain tiff 'to your verdia rest on grounds such as' I have already stated. The claim of the Defendant for your verdit rests on two—That the Plaintiff has contributed to his own dishonour and that he has otherwise given up his right of Adion by his per sonal misconduct, on- which I shall not. here con clude him, but submit his case to you, which you will judge of when you recolleit the Letters which have - been read to you. You.recollea the , story of the trinkets : the Plaintiff says to a friend, " We are nor very gay here, but we are finely,dressed," &c. [Here his Loidship read theteiter of Mr. Sturt,• in which it was stated, that Lady Mary Ann, his wik, had received trinkets from Lord Blandford, which he thought fitter fo r the Mar chioness—" but she was no favourite."] Why (said his Lordship) was she no favourite ?—that 'mist amiable woman is not a favourite !—What could the Plaintiff mean by this passage in his Letter, if he did not mean that his Wife was the favourite of the Noble Marquis But it is said that the Noble Marquis might make these presents innocently in this family, for that he is the son of an illustrious and wealthy family, to whom these things can be of no object Is that the situation of my Lord Blandford, as declared in this cause (alluding to part of a Letter, by which there was notice taken of the.mutual distress in pecuniary concern of both parties) ; for a Letter has been read to you, stating my Lord Blandford as one of the children of Adver sity, and distressed in his family affairs," Mr. ERSKINE•-•-" No, my Lord; that is the Lcttcr of my Lord Blandford, adverting to the cir cumstances of the Defendant." Lord KENYOti.--" It comes to the same thing ; for I remember the Letter speaks in the plural num. ber, when it adverts to distress, and says " We," &c. As to Mr. Sturt's circumstances, I know not at present stand ; b ut ido remember ltis w fa t t l i i i e e ); rn father, who was long Member for the County of Dorset, ; coming before me to justify bail to an immense amount.' There is some proof of negli gence. on the part of Mr. Sturt towards his wife, but I will pass over that. " Gentlemen, the other points which remain are most of all important in my opinion. I am to in form you what I hold the Law to be upon them---I have considered the subject over and over again- - upon that point of Law I never had but one opi nion. Whatever opinion may be expressed by higherauthority, I shall aet upon it as the rule shall be given to me, and as I am bound_ to do ; but I am sure that my mind will never be convinced against the opinion which I now hold, which opinion h this—Howevet profligate a man may be 4efare mar riage, that is not to be imputed to him by his wife ; nor shall it go, in any degree, against him in an Mlion for Criminal Correspondence between chat wife and any other person, because, however re. probate, before marriage, it is the duty of the wife to be faithful to such husband ; he being the than of her choice, she must be considered as having 'undertaken to reform him—but, if &fur the marriage, the husband becomes a debauched vagrant, and pursues a course of profligacy and prostitution ; that man may apply indeed, because any body may apply, but apply in vain for damages in a Court of Justice, for Criminal Conversation with his wife. This is no new doarine of mine ; for if we go to the other Courts, the Ecclesiastical Courts, for instance, we shall find ourselves not only, fortified in this tlotitine, but intrenched up to the lips in it.—With them it is a constant maxim, that if the party who is brought there to answer for conjugal infidelity, can recriminate, and chew the party complaining' has done the ,same thing, there k an end or ttit suit: I speak %Cub respea, as, I ought to tto, of the pr6ceedings'of Parliament, and there 'also, if there be any recrimination faitly, made out, there,can no Bill of Divorte. ".tientlemen, upon these questions I have - long thought, and I have no doubt, sometimes said, that in the administration of Justice, the Law of the Land is never, More worthily put in force, than when it aids the Cause of Morality and Religion, and that it can never serve better purposes than those. - It is a maxim in Courts of Justice, that if a man comes into one of them, lie should come with clean hands—We say to him If you Mlle to complain on a particular subjez - t, take care that you are pure on it ;" but he who comes and desires, us to purify him, will be disappointedhis hands should be clean when he appears here, he has no right to call on us to go through the dirty work of washing them for him. I think, neither Morality, Religion, or Common Sense, direa, us to do any such thing.—l am, therefore, clearly of opinion, that thc fads here, which are not contoverted, weigh down the casc—with these observ‘ations I IcaVeit to your better judgments ; but Lam bound to say, -- that by Law, in My opinion, on .the whole of the evidence, this Mtion is not supported:"" ' The Plaintiff's Counsel thought, for a moment, of 'preferring a Nonsnit to the ch4nce of --a verdi but they did not take that course; and almost on the instant, the Jury found a verdici for the Plain tiff—Damages tool. The new Ballet of Darby and Joan, produced for the first time on Monday evening, at the RO/ 21 Amphitheatre, Westminster Bridge, has itisrlY ` lc " quited,- in the course of three nights, the name of one of the best Dances, for laughable and powerfu l incidents, the Stage has brought• forward for some time. Laurent, in the charaler of Darby, keeps the Audience in a ro a r o f l aug h t er. The gravelSpeetaye of the Iron Tower n e v er appears w ithout ensuring the admiration of e ve ry beholder; and n ow that the new Pantomime of Puss in Boots has under gone the curtailments highly n ecessary, from the manner in which it appeared on Monday, we may -say, that Mr. Astley,. jun. ha s rendered it, 1”' dicious, improvements, one of the most plea sin g, Harlequinades, enriched with all. t he charms n ` Scenery (particularly the View of .Paris, and t he Fairy's Hall), that Las appeared for years. Roy er Such superior attraaion is held , out by the Roy Circus, Sr. George's Fields, as removes all wod er at the overflowing Audiences seen there every even ing. A Pantomime of such variety and exce llent as ° Harhiquiti Mamaltke, or the British in - EgYP!' must yield the greatest satisfaaion, since it a bounds with SC6les which afford the highest mirth, ar° those also; particularly where the Invincible Stan lard is taken and presented to the expiring licr ° ' Sir Ralph Ab ercr omby, which are strongly im pressive. The Northern Fleet, with thc real 7*' is awfully i awfully grand a n d a n imating. The Spe ac le . R naldini is greatly admired througioUt ; and riding of young.Sttnnders certainly ttainPs. olll first Equestrian of the itgo. BIRTH. Godolphin On Tuesday last, the Lady of Lord rfan'- 013orile, of a son. KENNET and AVON CANAL. • 1.. think it their duty thus publicly to r r N HE COMMITTEE of MANAGF,M _T pyietors, that the Ald of Parliament solicited under the th e 0 tioni given at the last General Meeting held at Bath, ref l i mt• the Royal Assent on the gist day of inlay instant; a t ', t he by a Clause iu the Ad, a preference of subscribing f°' - r s I° few remaining New Shares is secured to the Pnipnetor „it Thirty . Days horn the passing the same; after whicii, sir.r any remain, the SUbseription will be open to the PubbC* large. by ',* Subscriptions may be made either personally , °La i , Letter (post-paid) at the Banking-house of Messrs. Haw' ' Davis, and Co. Bristol. Bristol, zsth May , 1831. - apprize the __..------- tTO BE SOLD BY AUCTION , " t he At the Hawkstone Arms, .in or near Hawkstone, County of Salop, on Monday the ,tst DAy of June ( o ,` ~ on the asth of May, as formerly advertised), at Fo nro'CO in the Afternoon, subject to Conditions then to bri'" diced ; A Very Choice FARM, situate in GREA T A IL BOLAS, containing about t4c, A. ult. S P. s. tatti bc measure, be the same a little snore or less, now col art " 7 ll. 4 Mr. Peki. This Estate lies in a very pleasant part 01 ~3 County c of n Salop, and th e Land is naturally fertile and"' cultivated. t , For Particulars apply to Mr. Dodson ,. of Coun d • Shrewsbury ; or Mr. Lee, Basnett- street, Liverpool. TO BE SOLI) BY AUCTION, ~, 40 031 At the Hen anti Chickens, in Birmingham , 911 "• 00 0 the 3d Day of . June, at Four o'Clock in the Att%tve, . (and not on the 27 tit of May, as formerly advertised)* i L ' o ti• to Conditions - then tur be produced, in One or mac as may be agreed on at the Sale; : . . f A Very I'IstHER V at ia.rluAaNbiceiF, with De oEurSibTutkiidlialici,o:r: tuate in the Parish of King's Norton, in the County ~A 140; cester; on the Turnpike • ROad from - BirtninOtarn W o o 0, ter, and distant a little more. than a mile from tllc' le t o- Birmingham, containing about Forty-sig Acrest;', 4o 4; l:, as sure, more or less, in the possession of T. %"7" Tenant front year to year. _J.......".4 - . . . T.o BSOLD BY AUCTION , the el l At ille Lion, ii, Stratford-urn-Avon, n Thtirsdit),-Ani Day of Julie, at Four o'Lloi.k in he ° Afternoon k i a ) - 0 a on the zStli , of May, as formerly advertised) , i n „ b s i c• tt v l more Lots, as may be agrzed on at the Sall:, s " Conditions of Sale then to be prothiced • SS. 1 6 1. N°1 PER FARM an d Fit'Sgi-cOlip yi i t oat; I te • TATE, With convenient tiill-boildilli so -- t t . utJ'7 1361101)cm, in the County of Warwick, coat:4lo4 sa,',ilitiii Stature Acres of Land, in the possession of TirnothY ?,i'stio about one mile from Stratforthupon-Avont who 3140 holds from year to year. "this rstate is '''....ila u titl r Road to Birmingham. -:, r Id FOP' particulars appli to Mt. Dodson, of ' - ' °l t 451 If Mak i Shrewsbury ; or - of Mr. Warren, , Audioncer i .1 4 ,.. - yee Cent and Son, Attornies, in Birmingham; Or ' 4 ' . Attorney-at-Law, LiverpoOl, _____..;...." on the rfarPr FREEHOLD EST AT ES , SA LOP. _ TO BE SOLD BY AUCTION, rBol► t the Together or in Two Lots, on Monday ^zci June, 1 " 11 , -Angel Inn, in ,Ludlow, at Four o'elock, ~c,, a TWO..:ELIGII3LE FARMS, caned G 1 ,..;:05 , PosToN,colttainln'g 74, Acres and L1'i11,..„';,04 TON FARM , - and PAU) tV IN's ebl'Plet, cortitelil 32k) Acres, situate five Miles North East of Lodlo.r.o from Year to Year, under Rents of more than ThirtY,e}thet standing, Both i. arms lie convenient to be qcupied taut forming one coMpaet f.state Wit" ' ii o F r en se e P e . a „ ra ...6 t 'elr i s_vroded and watered, a nd are 'opal& b ° ,, f r b ti ' Or' great improvement by Draining, and other Aood 11° t'i , .o' at ail easy, ekp,:nce; Lim.stone and eiaal are near, 31 ly ar °ably in the EState. Fora view of,the 11:.;:rnists.aPP the Tenants. co • by tiU CHANAN !Whit 9vaitr-t.aritem ) ; 11141 rublisneu by Wi tt! AIL Aauscaa Sca trrs (at .. .Roily-ter Y-r.J.at, Westitituatc, ;) • .No. 13, ? a' Strami wheic . kiverifitentNit, Orders for the P a t er , L etter: tar the Editor, Sec. 'd) west be addressed.