The British Press; or, Morning Literary Advertiser.
London, England, 1807-12-23 00:00:00

PROCLANI A 'HON.

.77

" GIISPALT•ft, 0cr.12, 1807.

" In future, all letters, which are intended to
be sent from this gartison to Spain, either by land
or water, are to be first brought to the Secretary's
Office, for examination, during of hours ; and
any person, who shall, after this warning, be de-
tested in attempting to send, or convey, any let-
ter to Spain, that shall not have been previously
brought to the Secretary's Office, will be consi-
dered as a Spy, who is bolding correspondence with
the enemy, and punished accordingly.
All letters also that are brought to the garrison
from Spain, either by land or water, are Cu be sent
to the Secretary's Office for examination, previous
to their being cielivered ; and the Prattiute Master
is hereby direfted to warn the patrons and crews of
' all vessels or boats, that may arrive here from any
port of Spain, that if they shall attempt to deliver
any letters they may bring for this &arrison, with-
out their being first sent to the Secretary's Office for
examination, they will be sonsideted as spies, and
treated accordingly.
All letters intended to be sent to Tetuan, or
Tangiers, or any part of Barbary, or that may be
brought from thence, are in like manner to be
brought to the Secretary's Office for examination.
"By command, IL %TRION r, A. Secretary."

Mr. Serjeant MOORS has left Dublin for Lime-
rick, for the purpose of examining into the nature

of some outrages recendy committed in that county,
six or seven of the perpetrators of which are in cus-
tody. Flit objea is to ascertain whether the nature
of their crimes is etches requires a Special Com-
mission, or any exercise of the extraordinary powers
vested by the late Ads in Government ? It is uni-
versally believed that these crimes are totally un-
conneted with politics.

The Estraerdinary Ga:rite expeaed on Monday,
was not publi►bed until yesterday. A true Copy
of it is given in our preceding columns. It 'hews,
that in effeaing the escape of the Portuguese Navy
with the RoeAL FAMILY of Portugal, the country
is more indebted to Lord Svaamoroa o and the ar-
rival of Sir Stor:av SWITH of the Tagus, than the
most favourable report taught us to suppose. It
was an undertaking dificult in the estreme, and
which nothing but the most consummate address
has been able to achieve. " There was a moment,"
says Lord STRANGIIOIO, " when the Parses Re-
OINT suffered himself to forget that no country
could be permitted to be an enemy to England with
impunity." His order for the detention of British
property, and the Manifesto, declaring the deter-
mination of Portugal to unite with France against
England, were not for the purpose of gaining time
to enable the Court to make the necessary prepara•
tions for emigration. They were sets of real, open,
and undisguised hostility, and Lord Sr aasoroao
had, in consequence, demanded his passports, left
Lisbon, and repaired on board the squadron of
Sir SIDNEY SMITE.—Here the door of recon-
ciliation appeared to have closed, and the fail-
ure of English address complete. A rigorous
blockade was established at the mouth of the Fa-
ris, kg Lord S ***** mats, though no longer
vested with a diplomatic capacity, availing himself
of the proteCtion of a Flag of Truces retailed
to Lisbon, and renewed the negotiation with the
Patrice Raster, to whom he offered the alterna-
tive either of surrendering the fleet to His Barr AN.-
NM MAJESTY, or of immediately employing it to

reaseire the Roar. FAMILY to the Brazils : And
it was at this moment British strength and justice
triumphed over French rapacity and fraud. " The
Puget ItECIINT," says Lord S AAAAA VOID, " wise-
ly dirndls* all his apprehensions m a Fermis army,
and all his hopes to an English fleet." He con-
fided in the assurances of his Lordship, and placed
himself under the proteSion of England. On
the morning of the 29th the Portuguese let
came nut of the. Tagus, affording, as Sir SID-
HIT SMITH says in his letter, a " scene im-
pressing every beholder (except the French army on
the hills) with the most lively emotions of gratitude
to Providence, that there yet existed a Power in the
world, able, se well as .willing, to protea the op-
pressed." It thus appears that part of the French
army had aEleallydwrived at Lisbon at the depot tare

of the feet. The latter was not sn no serous
previous accounts stated. Lord SritA crams states
it at 36, including the Brazil ships. His Lorsishie's
letter is elegantly written, and will be read wids
great interest.

Dispatches, dated the I dth instant, vrer- rectived
yesterday at the Admiralty, from Lord G arm.;
of Ushant. Its &et continued all wa. Tos
enemy had made no movement.

Dispatches were received yesterday at the Admi-
ralty, from ear squadron upon the Irish 'Lain's;
the contents of which were communicated to t.fi-
nisters ; and in consequence an express was sent af
from the Admiralty and Dnwning-street, last n;c;lrt,
for !inland.

We have received Mitch Papers to the I lith inst.
They contain nothing of the least interest, except a
treaty concluded between France and Austria. with
the substance of which the public ate ■lready ac-
quair ted. They also contain an address from the
Legislative Body to King Lours, in reply to his
Message. By this address it appears that the
Kra o's message was accompanied with a copy of
a treaty between France and Holland, lately coo—
eluded at Paris.

His Musser is espened is town. this day, to
hold a Private Levee and Privy Council, at the
Queen's Palace.
Yesterday afteranon the Duke of C.- -USIREOL AND
came to town from Windsor.
Yesterday. the Duke of Yoe% held a public day.
at his Office, in the Horse Guards. Sir Aar HER
PAGET attended, and had an audience of his Royal
Highness, upon his return from Constantinople.
Lords HI•TMVIELD and FORBES. General WAIT.
sow, arid a neureber of other militat y officers of die-
tintilion were present.
Lord CastAAAAAow had an audience of bis
Royal Highness ler a considerable time. His Lord-
ship is much recovered in his health.
It was said, yesterday, the Qua err and P arse asses
would accompany His MAJESTY to town this day.
frooinal‘mVionnddso.
Monday
morning the Duke of Yoe x arrived
at Windsor, from °attends, and transafted business
with His Mature the whole of the morning. till
one o'clack. when His. Mai erre went to dinner.
His Royal Highness stopped and dined with the
Queer+ and Pettiest's% at four o'clock, and in the
evening set off for London.
Yesterday morning the Princesses AUGUSTA, SO•
este and Arager•, with several attendants, rode
on horseback, in Windsor Park, from half past
eleven o'clock till half past one.
Captain Yen, yesterday, received his Cammision
as Post Captain, from the Admiralty.
Mr. Su aw. the Admiralty Messenger, was wade:
orders. last night, for Ireland.
Mr. CLYNE., the Admit dry Messenger, left
town, last night. with dispatches for Plymouth.
Mr. WI a eta re ac a, we are concerned to ow.
is much indisposed at his house at Broomfield, Clap-
ham.
Mr. Caesium gave a dinner yesterday to Local
AWILESIURY, &S. at his house in Stankope.street.
May-fair.
Viscount CAS LLLLLL OM entertained at dinner.
yesterday, at his horse in St. James's-square, a
party, consisting of Lord Mus.oaarre, Ead
Casings, &c.
The Duke of PORTLAND gave a grand diners
yesterday, at his house in Piccadilly.
Mrs. Cavity's elegant and lively Comedy of
The Bege's 4testageso, was performed last night et
Drury-Lane Theatre. Mrs. Joanaa sustained the
part of the fascinating Letitia Hardy, with all hee
usual archness, Naivete and excellence. Her song
•• Will yea marry nee, Rey pertly Mail l" was most
rapturously eweerrit.--The whole Comedy was ad-
mirably supported, sod received the most uu-
bounded applause.
The Portuguese Ambassador's chapel, in South-,
street, was yesterday very fully attended, and se-,
veral anthems were sung, being the Anniversary .
the Queen of PORTUGAL'S Birth Day.—His Este
lency gave a grand dinner to the Portuguese No.'
lity in the evening, at the Thatched-house Tave
in St. James's-street.
The Sophie, Capt. WILL' A MS, from Monte V
cant-or Bristol, arrived at Milford on the 18th in
She sailed in company with 73 sail, I r
which being dull sailers, parted south of the line
under convoy of a gun-brig. The Sophia parte
from the rest of the fleet t,ta the Ilth. in lat. 49,
long. 8. W. E.S.E.
The Bank of England are now delivering th
State Lottery 'tickets; therefore those peesons wit
are desirous of procuring favoini:e Numbers, mu.
immediately apply to the Licensed Lottery Office
Scheme contains 23,000 Tickets s all the Prig
afloat (a circumstance which has not taken place k
many years past) Begins drawing next March.
The Vivien/. Snows. from Potersburgh fa
London, is captured otf Bornholm.
Above 1000 ship letters frontliolland were yeite
day delivered at the Po.t-ollice. They were btong.
over in aii eel seinen. The contents of these letters!
number of which we have seen. afford further
stances of the rigour with which it is determined t
execute the prohibitory Decree against our co
merce. All the merchants throughout Holland se
peeled of holding any mercantile intercourse wi
this country, have been placed under the serf:
labs( of the police ; and enormous fines have •
imposed upon such as have had the rnisfortn
to be convieled. We have seen a hater from R.
terdam, of the lath instant. which states, that a a
of no lets than 80,000 guilders was demand
a merchant in very humble circumstances. in
city, for violating the Anti-Cummercisl Devi
but being unable to pay the has. he contrived
escape from arrest, and fled from the cotiutry, lean
his property at the mercy of the Goverouretnt.
vend other merchants at Rotterdam. end a
ports in Holland, who had been put snider of
in consequence of charges similar to that of
Gentleman, h ere, we understaati. :Waited to
miler expedient for safety.

vi
R
IQ
Ili

-cm. CON.

LAW !INTELLIGENCE.

SIIERIFFS' COURT. MIDDLISIC
Beiford-tioret, Regff,rd-aprigtet. U.
THE EARL 01 tt.004 reaousie“.

This duy, at eleven o'clock, a Jury was assenahlea
far the purpose of ascertaining the pension of
Damages to be given to the Plaintiff in this action,
ethic's hal been brought against Om Ihilhadant, in
die Court of King's Bench, for criminal cnnversa-
ion with Lady Elgin, Mr. Fergusson having allowed
judgment to po by default.
Mr. G aa as sv, addressing the Jury, said. that he
had the honour of attending them, on behalf of the
Noble Plaintiff evil this inquiry, for the purpose
of assessing the Damages to be allowed his client,
for the miscondua of the Defendant, who had al-
-1 isved juJiament to go by default. There had been,
within these last twenty years. too many instances of
anises of this snit; in many of these he had been
c ocerned, is the Courts at Westminster ; but he
t.ought he might venture to state. that of all the
melancholy cases that had occurred, this far ex-
ceeded any he had hitherto experienced, whether he
looked at the rank and station of the parties. or the
manner in which the conjugal felicity of the Plain-
tiff and his wife had been broken in upon by the
Defendant, and the deliberate system which had
horn adopted to break down the most virtuous
ittiociples, and destroy every barrier opposed to the
U•fendant in his objeff of getting possession of the
Lady's person. In short, in whatever view they
took it, they must deplore the melancholy result.
The Plaintiff was the representative of one of the
most arcient families of the Nobility of the United
Kingdom. inheriting a large estate from his ancen
tots, as well as inheriting virtues that were never
excelled. He married this lady when she was only
twenty-one years of age, he being somewhat older,
but no such disparity existed betwixt them as to
occasion any degree of infelicity 4 It was a union
which met with the approbation of the relatio,.s of
each of the parties.
It took place in the year 1799 ; and shortly after
it. Lord Elgin was appointed as Ambassador to
theaSnhlime Porte, but being so much attached to
Lady Elgin, he (the Plaintiff) was inclined to rej-e
it, as he could not, without the utmost reluctance.
abandon all those testes of happiness which he had
justly formed to himself, by remaining at home, in
cultivating the affection, friendship, and kindness of
his spouse. She,however,i esolved to accompany him,
although resisted by her friends, and they passed
2 or 3 years at Constantinople. He should prove to
them that there sever was an example of a more ri-
gid attention to every thing that could recommend
a husband to a wife, or a wife to a husband, than
was evinced by this couple, and that they might serve
as patterns to eve one. Unused to, and untainted
by. the follies and the vices that surrounded them,
they exhibited the best pattern of the best English
Manners. Never did a day pass, upon which Di-
)
vine Service was not performed. To Abide to
more trifling circumstances, which, however. wese
important and worthy at notice, in such a situation
as this, partieulerly when the case related to a per-
featly accomplished female, he might notice that
this Lady had the fortitude, while all around her
were giving card parties upon Sundays, rigidly to
adhere to the best pattern of the custom of her
native country. She refused to comply with cus-
toms inconsistent with those in which she had ori-
ginally been educated. They found in their chil-
dren all that they wished of happiness. They had
four children now living, two of whom were fe-
males. After a residence of nearly three years at
Constantinople, Lord and Lady Elgin, in 1803,
left that place with the intention of returning to this
country, and on their way homeward passed
through France. The evens which took place in
that country were yet fresh in the recollection of
every one. There was a total breach of all rights
of hospitality. as well es a suspension of that
courtesy, which subsisted by the law of nation' ;
in short, one hardly knew words in which to de-
scrie the conduit that was then adopted by our
enemies); but so it was that this Noble Lord, an Am-
bassador to a Foreign Court, returning home, and
passing through France, where, in better times, he
would have found, not only security, but the most
hospitable reception, was, with his family, made
prisoners. Amongst these, Mr. Fergusson, the De-
fendant, was one, who was received by Lord Elgin
as a friend, sharing the same dangers to which they
were exposed. In Mr. Fergusson Lord Elgin recog-
nised a friend of his family, and a neighbour of his
estate is Scotland ; and, from these combined cir-
cumstances, it was natural there should be more
than a common di gre of intimacy. Lord Elgin
was soon afterwards removed from his family. and
separated from his Lady, and nobody expelled that
lie would sewn obtain his release. Lady Elgin,
capon this occasion, condulted Woolf in the most
meritorious manner, asseasingly endeavouring
to procure his discharge, by repeated. appli•
cations to Monsieur Talleyrand, who was first
in (avow of the First Consul. In coast queue of
her exertions, she at length obtained a promise that
her husband should be exchanged with General
Bowyer, a in isoner then in England. He should,
li i . ever. pass ovet the sufferings of this family
shit, in France. ay merely observing, that while
they were separated. Lady Elgin was delivered of
a child, at Paris, and afterwards went to visit her
husband, at the place of his confinement. That
birth was in lIKK, and Lady Elgin nursed the child
herself, Lid by this -vent their mutual kindness
was considerably increased. At length it was
found impossible that Lord Elgin could procure
leave then to return to England, although he
had bushiest of the u; trust importance to
transact, both o 1 a public aid of a private na-
me, Jr having been absent for about five years
from Seatlano. Isis native country. He had,
during that interval, curaributed, in a consi-
derable degree, to the support and accommo-
dation of our army in Egypt ; and, in consequence
of his easitions, he had transaffioas of the first mo-
ment to wade with our government, had he beam
able lb procure his return home. Mr Fergusson at
this time having gut leave to return, his Lordship
chose him as a coaideotial meat, sod accredingly
informed him of ail Isis oenceins, and al them this
Defendant oadertook th. 11124.4 g. MM. So entirely

I was the Defendant in bis Lordship's confidence.
that amongst other things he was requested to be.
come the guardian of his children, his Lordship
dreading that he might be doomed to drag out
his •:istence in that distrated country. His Lady
being, some time atter this, again pregnant, it
seemed necessary to procure her return, even with-
out him, to this country. That favour was obtain-
ed, and it was agreed she should return to her grand-
father ; but instead of going there, she took a small
house in Baker-street, London. It would be unne-
cessary for him, in this stage of the proceedings, as
the Defendant had retired front any defence, to go
into a detail of evidence of the various interviews

that took place between him, the Defendant and
Lady Elgin, in Baker-street ; the defence having
gone by default, clearly admitted there had been
criminality betwixt them. The course which he
should adopt, would be to restrain himself and
keep within bounds ; for even although Lord Elgin
was suffering by a conduit which had deprived him
of all happiness in life, his Lordship still wished not
to wound the feelings of that wife, upon whom he
doted more than ever man did. He wished too
to avoid inflicting wounds upon the feelings of her
respedable parents, who must share very deeply in
her disgrace. After she came to Baker-street, it
would appear, as was naturally to be supposed,
that Mr. Fergusson had ready access there ;
she had seen him often at Paris, and knew
that be was charted with most important in-
terests, and the most confidential secrets of her
Lord. This gave him means which ilea other indi-
vidual could have obtained. It was the unceasing
objet of Lady Elgin, aad all her friends, to procure
Led Elein's discharge.' He should do Mr. Fergus-
son the justice to say, that he. amongst others,
was anxiously endeavouring to do so. He repre-
sented to her, tkat he came from Mr. Fer, Lord
Grenville, from Sir Joseph Banks, or horn other
persons having influence with the first Institute at
Paris. This afforded Mr. Fergusson means of inter-
course, which no other person could have procured ;
and it was impossible to doubt, that he had used this
opportunity to possess himself of her person. Lord
Elgin returned to this country in the month of June
1506 ; and it would be proper to notice, that he bad
previously received a communication from Lady
Elgin, since bee arrival at Baker-street, and during
his confioemeste, acquainting him that it would
be absolutely necessary. that the usual inter-
course betwixt mat and wife, snould cease
between them. imrdrpgin tnought that this
was merely the A* )* severe consequences at-
tending her lasts Childbirth, and therefore took no
notice of it, trusting that when he arrived, this ex-
traordinary request would soon be conquered.
This request, however, to his surprise. grew into a
resolution. He, yielding to her entreaties, consented
to her wish, that they should have separate beds,
not having the least idea that this lady. who had
been hitherto writing the most affedionate letters
that could be penned, would be capable of disturb-
' ing his repose, by any unlawful or improper sug-
gestion. She went he her father's house in Scot-
' land. Lord Elgin remained in this town about a
fortnight, and then visited Lady Elgin, and found
that this impression was still labouring is her mind,
se that he thought it absolutely necessary to con-
form, in order to contribute to her happiness. He
thought he could not do better in this part of his
misrules than to read to them (the Jury) certain
passages from some of the letters which had
formerly passed between this once happy couple,
wherein the charader of this lady. and the state
of their conjugal felicity, must be rendered evident
beyond a posss.ility of doubt. They were the ge-
nuine letters of a person torn by necessity from tier
husband, while leaving him in a foreign country,
and skewed the real sentiments of her liven, down
to the moment of her leaving France.
(Here the Learned Counsel read various meads
from letters which had passed between these parties,
cerns ing, at once, the tender attachment subsisting
between them, and the anxious solicitude of Lady
Elgin fur the safety, this happiness, and the dis-
charge of her husband ft on) his state of confinement.
In these the tenderest and most effedionate expres-
slims that could be conceived, were made use of by
this Lady towards her husband.)
Thus in the determination to perform her duty in
conformity to these affectionate expressions of at-
tachment and love, Lady Elgin arrived in England.
He had stated, that-Lord Elgin went te bar. and
remained a short time with her in the Ninth, during
which time a letter fell into his hands, written and
folded up in a vulgar utuner, as if it came front a
person of low cunditiun, being in a bad hand,
and containing bad spelling. it is well known,
that when persons seal a letter with wax, and
seal also its envelope, that operation melts the wax
of the inner one, and causes it to ()Fen. This letter
fell into Use hands of Lord Elgin. who taking off the
outward cover, found this letter already open, and
discovered that it was from Mr. Fergessou to
Lady Elgin. conceived in such high terms of at-
fealeinate attachment and regard, teat he could not
doubt it was meant as an advance to mitadial inter-
course. Besides this, other letters fell into his
hands, parts of which be (Mr. Garrow) proposed
' to read to them, and he lett cousidei able difficulty
in having that part of the task imposed upon him.
They showed that the Defendant was jOrtedir well
acquainted with the character of the•peesneete was
to approach, and that she had been Omitted in the
best prieciples of morality, and prized the domestic
happiness which resulted frOm them. He knew
that she was not a peraso-tts be Pam hy storm,
that any rash attempt upeasher virtue would only
alarm her and put her upon her guard, and that at
was to be done solely by artifice. Lord Elgin was
the objet who was to be misrepresented, and sonic
of his most intimate friends were to come in tor
their share in the misrepresentation. His conclud
as a private and public man was to be brought into
discussion, and she was by degrees to be weaned
from that aka she still tutertained for him.
instil it shouts be fit to make advances in more di-
tea terms. When this preparation has been once
accoMelishedl the attachment existing in female
miods is broken in upon, and the ruin of the wife
is rendered not so difficult as it otherwise would be
So it was in this case. Janie of the meant' in the
fervid), were seduced, and particularly • French
woman of the name of Christiana, and a man
of the name of Goslin, whip was the last
person that should have shed each a part,


-

he having experienced much friendship and kind-
ness from Lord Elgin, and, therefore, lay under
the
.greatest obligations to him. In duty to Lot d
Elgin, be (Mr. G•aaow) should willingly read
every line of these letters, should the Counsel for
the Defendant think it necessary, and call upon
him to produce and prove them, but he wishefffo
spare the feelings of others whose names wire
therein mentioned. (Here the Learned Counsel .
read various passages from certain letters said to
have been written by the Defendant to Lady Elgin,
at the period described, conceived in terms of the
most romantic and enthusiastic Jove. In these he
called her his beloved Mary, and that he should
never be happy till they were united. as there was a
perfeß and complete union of their souls. To ac-
complish this purpose. means were proposed to dis•
solve the union that subsisted between her and Lord
Elgin). Mr. Garrow then proceded to comment
with great force and energy upon the various pas-
sages of the letters he had read, with a view to
show the intention of the Defendant to wean
the affeilions of this lady from her husband, in or-
der
that he, Mr. Fergusson, might himself be united
to her, after a separation had taken place, in what
he enthusiastically called, a state of everlasting feli-
city. From one of these letters it appeared that
the lady had not been so abandoned as not to feel
compilation for the lengths she had gone, and had
written the Defendant a letter, on the lith of
March, discarding him for ever, her regard for her
family having got the ascendancy over all his en-
treaties. This plunged t' - Defendant into an abyss
of despair ; but still lie was convinced she loved
him, and that when she was completely alienated
from her husband, they would then be united, and
never cease to love, till nature sank them into the
grave; that they would enjoy that happiness which
only blessed hearts can feel, with the petted con
viltion that to each other they would eternally
belong. What more heeded he to stale upon
this point, after having detailed to them the
general complexion of these letters ? He did not
appeal to their passions, but to their justice.--
He asked it in the name of an injured hus-
band, upon whose character it was impossible
to cast a stain. He should tali before them
witnesses who had seen the manner in which Lord
and Lady tlgin had lived together, and they
would find the facts as he had described, and that
they were a perfect example of every thing that
could render the marriage state happy. He, for
that injured husband, asked at their hands damages
to the amount of 20,0001. Was there any man
who could think that too much ? The injury sus-
tainrd was not one that could be compensated with
money. The rank of both parties was to be taken
into consideration. The law had said, that the.
state of the morals of this country required this
mode of punishing such a crime, and that a Jury,
was to de their duty in awarding the utmost da-
mages, since it was deemed unnecessary to have
any other mode of punishment inflicted. No pe•
nalty could be too great for such au offence. as it
was necessary to scourge the offender. There was
no reason to believe, that, under such wholesome
laws, seductiou would become a thriving plant in
Great Britain. The Learned Carmel then alluded
to a Bill that had lately been brought into Parlia-
sass* by the prima Chancellor of the Exchequer*
to prevent this growing mischief, but which had
not passed. This shewed the argent necessity for
Fiviog the utmost possible damages, in order that
it might not be believed by other nations. that the
fair vs of this country were negligent of their con-
jugal duties, and that the ethet had nothing more to
do, in order to sedges them, than " to go about,
seeking whoa they might devour." Another cir-
cumstance he had not adverted to was, that Lord
and Lady Elgin had a son that died at Paris, to
their mutual and agonizing aellilion, and from
these letters, should his Learned Feieads, who were
Counsel for the Defendants, wish them fully read,
it would appear, that the corps of their darling
child was embalmed by Lord Elgin, and sent house
to this country to be interred in the family vault;
that he had entrusted this duty to the Defendant;
and that the Defendant had, upon a subeetsent cc•
casion. dissuaded Lady Elgin from visiting the
tomb, when she had expressed an ardent desire to
do so. This, Mr.Gaa tow inferred, erose from the
desire of the Defendant to seclude this lady from
every thing that could tend to produce a return to
virtue. Without enlarging farther, he should com-
mit the case to the judgment of the Jury, trusting,
that they would make the D. fondant feel the injury
he had occasioned to Lord Elgin and his family, by
tusking that atonement which would operate as an
example to others.
Mr. Giraitow spoke nearly two hours, and there-
fore the foregoing eau be but a summary of
his speech. The other Counsel for the Plaintiff
were, Mt. Dampier and Mr. Stuart, who then pro.
carded to examine the witnesses.
_ .

Mr. Hamilton, the Private Secretary of Lord
Elgin, deposed, that he sailed with his Lordship
upon his embassy, upon the 3d of September, 1798
and that he continued with him at Constantinople
for a year, during which time be lived with him
and Lady Elgin, and also accompanied them to
Sicily. During that time he had an opportunity of
ebsei vies their demeanour, as man and wife. Lord
Elgin, in his opinion, concluded himself as one of
the must affedionate sad tender husbands he had
ever heard of, and her Ladyship as the most tender
and dutiful of wives. There was a chaplan attach-
ed to the embaay, and prayers were attende.s every
Sunday by the whole family. with the greatest regu-
larity. Lady Elgin appeared to take a lively inte-
rest in every thing that concerned hi■ Lordship.
either of a public or a private nature ; her ermine
during an indisposition of her husband, was most
attentive and affectionate; and, upon the whole, she
caudated herself like a woman, educated in vir-
ulent principles.
John Mousier deposed, that he also accompanied
Lord Elgin to Constantinople in 1799, as his Pri-
vate Secretary. Although he was occasionally ab-
sent with dispatches, to hau various opportunities of
observing their conduit as man and wife, having
lived in the same house with them. He (Lord El-
gin) condoned himself as a most affectionate hus-
band, and Lady Elgin as an affectionate wife and
a tender parent.
Mr. Staling depend, that he had met Lqrd and
Lady Elgin, at Paris, the 3d of May, 180 S, about
the time when hit Lordship was arrested there. He


never had an opportunity of seeisg a couple living
more happily than they did. Mr Fergusson was
one of those who was intimate in the family; bat
he (the Witness) never saw any thing that led him
to doubt that there was a most retied attachment
between the married couple. He had an opporta.
cl ageing the elfin which the arrest of his
Lordship had upew Lady Elgin. It was such as as
affectionate wife iwould naturally evince ; she
'hewed the greatest anxiey as to the tate of his
Lordship, when he was taken from Paris to Vn-
rennes, to be thrown into prison.
Captain Donnelly said, he comanded the Plarrierve,
while Lord And Lady Elgin were on board, for the
space of two months, is iday and June, 1/1011, when
they were sailing from Athens to visit Greece.—
There appeased to be the most reciprocal afeiion
subsisting between them, during the whole tittle
they were under his observation.

Mrs. Lyne also deposed as to the great affeffion
of these married parties, during a considerable
space of time she had occasion to observe them
in 1804.
Mr. Hamilton, the forraer witness, upon farther
interrogations, stated, that he being in the Secre-
tary of State's Office, had occasion frequently to
call upon Lady Elgin, when she lived in Baker-
street, and that she always shewed the ugonst ans.
iety to procure the release of her husband.
General John Murray stated, that he was se-
quainted with Lord and Lady Elgin, at Constan-
tinople, in the winter of 1801-2, that he went to
Athens with them, and that they always appeared
exceedingly attached to each other. She was a
most exemplary woman, and he bad long known
Lord Elgin. as an exceedingly moral man.
Mr. Chafing Duff had long been in the employ
of Lord Elgin, and had accompanied thcm to Con.
s:antinople, occasionally coming to this country
with dispatches. He never saw a happier couple
in his hie, nor persons who coodufled themselves
with greater propriety. The child that died abroad
was embalmed by Lord Elgin, and scat home to
be interred in the family vault. at Dunfermline, and
Mr. Fergusson attended the funeral in the absence
of Lord Elgin. Mr. Fergusson seemed, npnn all
occasions, to be much interested in Lord Elgia's
affairs, in every respell, and aged apparent) for
Lind Elgin's benefit. Mr. Ferguason's family es-
tate was ia the neighbourhood of Lord Elgin.
Mr. GAIROW here proposed to call a witness to
prove the hand-writing of the Defendant, but the
Counsel for Mr. Fergusson admitted the hand-writ-
log, and agreed that it would bit unnecessary to la ".
read any more of the letters.
Robert Draper stated. that be lived *rearm
..1.
with Lady Elgin. at No. 60, Baker. Port-
&
r
man-square, in 08oher 1805, and left 28th
of April, 1001 f. During that period Mr. Fee
stn's visits were very frequent, and at hoc', • '
earlier and later than those of other gentlemen ;
,I'
seating, that he had business of Lord Elgin's to el
transaft with her, and giving and receiving lettllha i
to take to Me. Coutts lb- banker. The Detendarre
used to exptlss great anxiety tor Lord Elgin's gel 4
turn from his implisonment in France.
Mr. Hay Donaldson, a Writer to the Signet,froill
idinburgh, produced a certified copy of the en-
tailed esters called Raith, of the Defendant's fa-
ther. This estate was striftly entailed npon the
don after the death of the father, without division.
He always aonsidered it as a very valuable estate,
bat knew nothing of its real value aide own know-
ledge. T'nere were stria clauses prohibiting any
alienation or creating incumbrances. There were
some clauses burdening it with certain debts. The
Defendant's father was a hale stout old man. He
could not take upon him to say, that this estate pro-
duced 208001. a.year.
Here the Plaintiff's case closed.
Mr. 'Pore sew then addressed the Jury. He said
he had the honour of attending before them as
Counsel for the unfortunate Defendant in this cause;
and when he used that epithet, he thought he was
well warranted in doing so, from the manner is
which his Learned Friend (Mr. Garrow) had opens(
ed the cam to them. His Learned Friend bad
stated, what was undoubtedly true, that this was one
of those melancholy specimens of hamar; frailty,
where a man had been placed in the way of temp-
tations which he bad found it impcssible to resist.
If ever there was a case where temptation existed, it
was that upon which they were now called to extra
else their judgment. He certainly had no reason to
complain of the Learned Counsel, but, on the con.
trary. to thank him for the manner in whirls he
bad opened (he case against bis unfortunate client.
He knew well that that Learned Gmtlesnan had
had great experience in this description of causes.
Not so his, Mr. F.'s situation It nen a case,
however, which required but few obillkations on
his part, which he should endeavour to impress
briefly. yet powerfully, upon their minds. Here
Mr. Topping entered into a rempitaiatims of iffie
circumstances of the case, as proved against eh
Defendant, and stated, that there was no evi-
dence that Mr. Fergusson, while at Paris, wailing
admitted under the roof of Lord Elgin, or enjoyed
the hospitalities of his table. Mr. Fergusson had
rant Lord and Lady Elgin by mere accident, sad
while they went toVarennes, be remained at Pat is.

I,

Lt was net, therefore. proved, that any improper
intimacy or cooneftiois took place between the*
parties in France se that the tact of adultery
having ►een committed, and which the Defendant
himself had admitted, did not take place these.
He felt eaJ his Client felt for the unfortunate
tine which his linpreclence had led him into. ►y
the fascinating c►arms of thus Lady, in whose
praise the Learned osener had been suificiemly
lavish. In the month of Odober. 1805. this Lady
comes to England, unattended by any of her rela.
fives. It was then that the criminal a* had ►een
committed; but after Lord E.'s arrival in this cool.
try in June, I SOG, there was no possibility of an inter.
course taking place between the Defendant and this
Lady. It was et • tirne, therefore, when this Gentle.
man was placed ander very peculiar circumstances
' which introduced him frequently into the compeer
of this Lady, in the absence of bee husband. that
any miscoodni2 ►ad taken place. This ctedd no•,
therefore be called 4 deliberate plan of selloeion I
for who could have vista* enough to withstand the
temptations that presented themselves ? He did
not stand there to justify the Defeatism. Inv, so the
contrary, to obey tie commands is opseseing ►ie
regret toe whit ►ai.thes latmempii. It oesestai

to him, that at the tuella the Defendant had
fallen into this unfortunate predicament, he must
*finally have lost hie senses. The extracts from the
letters which had been read, fully deserved the coin•
went: his Learned Friend had made upon them.
—Nu man living had ever heard of such romantic
expressions and ideas of love, nor read of such in
the most sitliculons of Favcig. They appeared to
be the effusions of a man in phrensy, persuading
liitriself that Imand this Lady were born for one
another, and to ldee in a stele of Mist snore than
wa: possible to is* apjoyed by mortals upon this
ea,tii. It would he Waiting time to make further
comments upon thessrlegegrs, they carried their own
comment in sherneelers. it was impossible that
any man could•read there, without being convinced
that such romantic ideas of happiness could not
exist in a sine 'Mad. It was evident, however,
that while thfp., vine writing, nn adulterous inter.
snare* was subsisting. They were addressed to
this lady by her absent lover, while she resided at
her father's house, Mr. Nesbitt's, in Scotland.
They were to look, therefore, only •O the
evidence before them, while performing the
duty of ascertaining the damages. He could lot
ugsee with the concluding observations of his
Loaned Friend, when he stared to them, that it
was a past of their duty to scourge the Defendant,
by giving vindictive damages. He denied that this
was their duty, or their 'province, without the power
sf being contradicted by the Learned Gentleman
(alluding to Joseph Birchall, Esq. the Acting under
Sheriff), who was to sum up to them. They
were called upon here merely to give corn-
,pensation upon a civil action for a civil injut y,
and not to assign a punishment for a et-init-
ial offence, taking all the circumstances of the
case, as well as the rank of the party injured on the
oais side, and the ability of the Defendant to pay
upon the other. To inflict vindictive vengeance
was not the privilege of a jury ; that being the pre-
rogative of God and not of man. His Client had
.not urged any thing detrimental to the charades of
Lord Elgin. and he wished him too not to do so.
He OW not deny that the Plaintiff had acted assn af-
fectionate husband, and that it was in evidence that
Lady Elgin had concluded herself with the utmost
• ;7-optics,. till the unfortunate separation of
thaw parties, till that interval when his Client
bad yielded to the unfortunate temptation. Nac it
then to be asserted before them, that Lord Elgin
wished to make merchandise of this transadion ?
.He could hot believe it. All that his Lordship
A could desire; was to bare his character cleared trim
any deficiency of conjugal die/lion. and to have jus-
' dee dope to him, by a moderate compensation for
the Wry be sustained. His Learned Friend had
hinted- 414 a Bill which had been intended to be
brought, into Parliament by the present Chancellor
41* Exchequer, upon this subjett. It was time
ncugh for them to consider what would be the
sneeequences of such innovations, when the law
4 the country had clanged a civil anion of this
• nature, into a criminal ptesecution. Till then he
1.-should be an enemy to all innovation ; and he
hoped he should never see the day when a Jory
were to be converted into a criminal tribunal. He
should only advert to one other topic, which wits
the actual condition of Cho unfortunate Defendant
—he was a young gentleman, not thirty yeas of
age, *Mhos; a shilling to exist upon, except
. merely the betiwy of a p trent. Although he was
the eldest son and next heir of entail, it was possible
that his father might survive him, and if his father
was to die, he %voids: •be a mere tenant upon the
estate, sublet to the charges, without the power of
Isnrdening it. With these observations, be left the
cause of his Client in their . ands.
Josteu litaceat.c., Esq. Acting Under-Sher.ff,
then summed spate evidence with greatimpartiality,
and the Jury tetired lot a short while, and returned
a verdta for Plaintiff—Damages 10,0001.

CITY bLECTiONS.

Yesterday, the Poll for the Common Council for
the Ward of ‘Vitlbrook, finally closed about two
o'clock, when the numbm.s appeared as follow :
Mr Timms Williams f 4
I Mr. Thomas Wall -64
—.. Wi.liain Prates -9,/ Cbsrles Atritager - 78
.—Ttisinss Rail - - b 9 —R. /Witty ? new 71
Seiiitiet Tiviilm'is -elI -- E.P.S.O. s Candidates. 41
-- Timms M.rte,y - Ni Joitn Muter - - 44
The eight first Gentlemen were declared duly
ekeed. Mr Winter, Solicitor to the Bank of
Ergland, and Mr. Sills, having declined giving the
Want icy farther tr..ttble. Mr. Ashby, As a new
Cali:Ware, succeeds Mr. Wisiter.
The follow,ng Wards still cso:tiume the Poll :-
1...N1PP1.F.G \Tr.-WARD.
T T pile e3StI7 :..; np the pOll last evening, the num-
bers stood thus :
1 Mr. Dixon . 18111 Mr. Di:v - - 170
th-elise . - li+ i W.R.R.cevn - 129
r— itiosii - 132 I b.f.r.;..ii•
, l'he C 7 in t.,,1 tt--.• r--:., ally returecd th!:.l3 to Their
e,nstitai-eta, atiil illy i.e..1 them t.l biesik fast with
li,o1:1 tl.it tx..rt.iiig, be!, .'e f 1.,! poll coremcmes.
C•iRoN '.!NF.I4", WARD
The Poll 1r GI% N and C. litilll.lCl to be warmly
Itnatesti.rt; Anti, t•r.itt ca-t,rg up ye,tcrelay, the Lum-
bers stood AZ itliell .. :
Mr I lAma.a., - - sts ' Att. li T• • se, •
Reis - . 54 1.1,k. .
Kembl. . 52 . —%% ems, .
—1; %si.'.h - . 7t:, 1 ~ Temitl-man -
A bimry . - '7••• i Jsnes - -
- Pitinay - - . 1$ 1 NA. -
r:Ar.n Of it muswios WiTnotrr.
Iht gain - - - 9.4 M. W.:atit •
. flrr,in - -l(. —II ttl,r ' •
- Pa•-lin - - f.,.1 —R. Reims •
..... Wsitissaan • . •‘. ,4 •••• Vogr,g
Si' .14,114.1 br/115411 i.b ,• li4:1 I Cr. Plit. •
SC. N.C11,1 - • ':5l J. 14,,,,e, ~
•••• itetfei • • ... .7 I. Neuman .
- Dl,llOlll .• • 437 1 ••-• Mr. T. Reeves
C,ievis

-

. 47
• ♦1

• 2:1
- 2ZI
• 2.20
- .11ki
- *l4
- 199
- IRS
IM

Ifesterdsv, the Lov o volt raised the price of
• bread half an assize. to take place to-morrow,
when the putTtern ]net, wheaten, will be sold for
Id. and heu.hold .9; d.
' As Serkant Yousa, of the Rnyal Artillery, and
. his wile, were walking .on Saturday night, frown
. Dover to St. Margaret's, where a part of use Artil-
lery are stationed, tbk night being very dark, she
fell over the Cliff. At day-light en Sunday morn.
log, she was found lyiog upon the batch, quit.
dead, with her bead Waned is a raga doeskin