The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-03 00:00:00

COURT OF COMMON PLEAS, FRIDAY, DEc. 1

Middlese.r Sittings after Michaelmas Term. hdfore Lord Chief
Justice BEST and a Special Jary.

CRIM.CON.
DANIEL THWINDIET, ESQ. V. THE HOW. CAPTAIN GEORGE

HE/IVEY.
This C3l:Se We/ on the eve of being tried in the month of May
last, but in Enster Term the defendant applied to the Court to
have it put off, upon the ground that two persons who were then
in the West Indies were material and necessary witnesses, on his
art, and that he could not safely proceed to trial without their les-
tintor y, the Ct u 't accordingly, r lered the tria' to be postponed un-
til the present sittings.
The case having been appointed for triul this morning, the Court
ws • crowded to exc ms at en early hour.
fhe panel being called, seven special Jurymen appeared, and a
tales being prayed, live common jurymen were added.
Air. Sergeant Vaughan, Mr. Sergeant Wilde, and Mr. Juike,
were Counsel for the plaintiff; and Air. Brougham and Mr. Alder-
son for the defendant.

Mr. JUSTICE opened the pleadings. The declaration surged
George Hervey, E. 4. commonly called the Hon. thleorge tt envy,
with havinr, on the 21st of November, 1824, and on divers other
occasions &nee then, had criminal conversation with Francesl
Christiana, the wife of Daniel Thornlike, Esq. The demerit
were laid at 6,0001. The defendant pleaded nut guilty.
Mr. Sergeant VAUGHAN stated the facts of the case to the Jury.
The painful duty had devolved upon him cr communicating to them
a case of the must aggravated injury sustained by the plaintiff in
his character of a husband front one who, under the semblance
of friendship, had most basely and most treacherously disho-
noured his bed, completely annihilated his domestic happiness.
and utterly destroyed the aim of mind which his former felicity
allowed him to enjoy. Cases of this description, unhappily.
were rot infrequent in Courts of Justice: but, familiar as they in
modem times had become, still there was no general character to
be aecribel to the injury they entailed on the parties, each case
depending entirely on its own peculiar circumstances. The one
that he was about to detail to them wi marked throughout by
features most singularly cruel and distressing. The plaintiff was a
First Lieutenant an the Royal Artillery, and a man of the most
unexceptionable and honourable character. The defendant was a'
Captain in the 60. h regiment of the line, and was the son of the
Earl of Bristol. h gave hint considerable pain to bring the con.
duct of the son of so honourable and noble a family before them :
but when men forgot what they owed to themselves and to society,
when they suffered their misgoverned passions to lead them to the
violation of every moral and honourable tie, none but themselves
were to bhune if such conduct, in the result. rendered them amenable
to the laws, and subjects-4 them to the just censure of the public.
The lady in question was the daughter of Colonel Faunce, for-
merly of the leh, or the King's Own Regiment, In the course
of the year 1815, when Miss Faunce was about sixteen years of
age, 'plaintiff was doing duty at Colchester, and became introduced
to Colonel Fawner, who was then residing there. An intimacy
soon was formed between the plaintiff and the young lady. who at
due time was not only extremely beautiful but possessed attractions
of en highly intellectual kind, that were seldom found united
with iliase personal chasms tar which she was so admired. When
she was about eighteen years of age, a reciprocal attachment'
having subsisted between the two young persons for some
time, he avowed his great regard for her, both to her own
family and to his. But the father of the young man, feeling that
his son's resources were inadequate to support the lady in a manner
suitable to her birth and station in society, remonstrated against
the match, and it was thought advisable to break oft' this attach-
ment. In consequence, all intercourse between the plaintiff and
the young lady was suspended. The effect of this on the sensitive I
mind of Mies Faunce was most serious : her health became im. I
paired, and she was in short very wretched, and the plaintiff became
equally unhappy. Their intimacy was renewed ; and the parents
of both parties thought that, under these circumstances, they ought
to consent to their marriage; and accordingly, on 10th Nov. 1818,
the happiness of this affectionate pair was consummated, the lady
being then about 20 years old, and the plaintiff about 24. Ile took
a house at Woolwich, in the neighbourhood of her family ; and
they dived together in the most enviable and affectionate manner.
On the 30t1 of October, 1810. Mrs. Thorndike had a daughter,
and in the early put of 1821, she presented her happy husband with
a son. Living constantly under the observance of their parents and
friends, such was the harmony that subsisted between this fond
pair, that the parents rejoiced at their having yielded to the force
of their attachment and consented to their marriage. • The plaintiff
was at this time on half-pay. Yid in the year he was put upon
full pay, and soon after joined his regiment at Woolwich, where I,
he continued till April 1824, when he received orders to join his
company at Se. John's, Newfoundland, which was at that time
their station. Some difficulty was experienced with regard to the
propriety of taking his lady and her two children with him, but
her affection overpowered all objections, and she determined to se-
company him to Newfoundland. They arrived there in Oho month
of May. Unfortunately for them both, die defendant was destined
to the same service, and he arrived there with his regiment a short
dine afterwards. No previous acquaintance had existed between
the plaintiff anti the defendant ; it commenced there. Up to this
time the felicity of the plaintiff' and his wife had been constant,
unbroken, and complete. Her unremitted attachment to him and
bet children—her anxiety for his and their happiness was most
exemplary, and even noticed by their friends as being remarkably
intense. In such a place as Newfoundland. where society is con-
fined, and restricted to a few, the plaintiff and defendant were thrown
together more than they would have been under other circumstances.
Lieutenant Thorctlike received the. defendant as a gentleman,
and a fellow-officer, and a friendship soon grew between them.
They were officers on die Same service, stationed in the same
island, quartered in the same fort. The Jury well knew that such
was the nature of military duty, that it inspired avert of chivalrous
feeling in those who belonged to it, and caused attachments to be
more suddenly formed and friendships more quickly ripened than
perhaps any other circumstances. A circumstance occurred, which
at the time placed the character of the defendant before the plaintiff
in a very favourable, hut, at it turned out, a very false point of
view. The plaintiff became ill, and his supposed friend was un-'
remitting in his attentions to him •, not only were his inquiries most '
frequent, but be attended him at his quarters, and administered to
hint medicines, and even performed the most menial offices which
could in any way teed to his comfort. But while he was acting
thus it would appear in the sequel that he touk the opportunity or
his friend's confinement to inwnuate himself into the affections of
his wife. to practise every insidious mode to undermine her virtue,
and finally, in the month of November following, to triumph over
her honour, and to destroy tier and husband's happiness for ever.
During all this interval of time the greatest intimacy subsisted be-
tween these parties. It so happened that at the close of the season
the' defendant's regiment watt ordered to embark for the West
lain, but Captain Hervey received orders to proceed- to Eteelaed
to joie, some part of his regiment, and ho was expected to quit
Newfoundland on the 12:h of September. It was material to at-
tend to the manwurros which were now practised by the defendant,
for here it wan that his base intentions begun to work. His regi-
ment was emberked, and there were two of his Majesty's ships lying
'nimbi:ear, the Egerai and the Sir Francis Drake, which were ex-
pected to sail isp a few days for Eneland. He, however, declined
on sonic friVoIINIA pretext to go to England by the Egeria, and he
remained behieutafter his regiment and his brother officers were
sallies; on their say to die West India- It was thought strange
that tins gentleman should thus renown ; but he had other %ie.s
for doing so, of whichche plaintiff was the last person in die woad
to entertain the least suspicion. He remained trout the 12th ut
September to the 21st of November, a period of sever. weeks, alt z

ftept

b 4;

•

~~

his regiment had embarked. The plaintiff during this interval of
time gave the defendant (whom lie considered destitute of friends,
hut regiment being gone) a general invitation to his house, thinkite
that his stay would be but short, frequent opportunities heeler
offered of which he might have availed himself to go to England
but seine plausible excuse was always ready with him to et4oll . .
for his delay. At Ism, however every thing appeared in order fee
Ids immediate departure. The 'defendant took. his passage in the
brie Minerva, which was then about tooled for England, with hi.
fi lend, Lieutenant Tilden, whom he had pot to send high:nage Gls
board. She was to Sail on Sunday, the list of November, at day
light, but it was represented to the Captain by the eltiendaihth..
Lieteenant Tilden was a religious man, and wished I
divine service uefore committing himself to the peril of tiler
age; after some persuasion, the Captain of the snip consented to
wait till divine tcrvice should be over. It happened that she 4441:
Todd; bound for Cork, was also to mall on the same day in whips,
ship the defendant had also taken his passage, unknowe els toe,
plaintiff, and to his friend Tyldcn. This • ship was to sad at Op
o'clock, and she left the harbour at that hour, but the defenslaste
requested the Captain to lay by for hint outside the harbout tilt
eleven o'clock, when he would come on baud. This was the host
of divine service, at which-the plaintiff was a constant attendant.
The defendant called on him to decoy plaintiff to go to church with,
him that morning, hut the plaintiff being desirous of writ ngsomt
letters to his friends in England, did not go. The defendant beine
thus foiled, called on the plaintiff' in the aftetnoon, and Bawl
" Come, Thorndike, are you sot going to the evening church i'''
The plaintiff answered, " Yes,sif you are." 'II e detetxlani her.
tied him to church, the plaintiff's wife pleaded itulisposition and
therefore did not accompany her husband. A: soon se the defen-
dant saw the plaintif safely settled in the Governor's pew, which
was the whole length of the church from where he himself sat, he
left the church, returned to the house of his f.-i.intl, and prevailed.
ea the lady to desert her husband. arid her children, and go
I with him to the vessel to sail for Cork. On the plaintiff's
return from church, he found his wife nes absent ; _ he
made mar., anxious inquiries fur her, and was at last informed the
dreadful tact, that she had been seduced Com him by his most
amerming Wiend. It was iit vain for the Learned Sergeant so attempt
M describe what were the feelings of his client at that moment : ho
*bald leave it for the Jury to imagine what they must have been-
There were his two children left upon the beach, deserted by their
' Mother, his home become desolate, the woman of his heart's most
intenseaffections torn from him for ever; and all this ruin and de.
relation wrought upon by his bosom friend in whom he had most
ft ndly confided, and in whose honour he had assured himself to
Pareas a treasure, surpassed only by that precious one of which he
a d been so basely add treacherously robbed. The defendant em.
barked and sailed to Ireland, and from thence proceeded to England
sits the victim of his lust. The Learned Sergeant would not
dwell long upon the subject of the adultery, as the nature of the
tapir put that fact beyond all dispute. s hay embarked in the
I rjg fodder, which was a small brig, and outlived during the whole
t f the voyage one confined cabin contain ng a single bed. The
i atone of legal prod' la these cases did rot require that the per.
ties should be actually found in bed top thee, when the circum.
stances were so afro g and so irresistible that it was in vain to
rumor to raise a shad .w of a doubt of the fact. They arrived at
Cork about 16 days after they sailed, it teing a favourable voyage,
where they remained four or five 4sys, at the Commercial Tavern,
s ill occupying the tame room ant. the same bed : after which they
came to England. They arrived here about the end of December.
This was a Fart of the care which would require the most sericus
attenton of the Jury ; for it would open to their eyes what was the
nal character of this defendant, and would show that his conduct
to this unhappy lady was, from firm to last, dictated by the basest
passion aid lust, and that a misplaced affection, nor even regard
for bar s.sciety, were circumstances that could be pleaded as the
least extenuation of his guilt. No sooner did he arrive in this
country than he began to get weary of the company of lire whom
be bad seduced, ant he accordingly wrote a letter to the Reverend
Mr. Rowell, who was the clergyman that performed the ceremony
osl the plaintiff's marriage, and who was a most intimate friend of
Colonel Fatince and his family. This letter, which we would read
to the Jury, was dried Dec. 30, 11124. They had sailed from New-
foundland on the 21st Nov- so that the Jury would perceive sit
weeks had hardly elapsed before this gentleman wished to rid hint.
self of the be d,n he had brought upon him.
The letter proceeded thus:—
" London, Dec. ZOth, ltille.
" Sta.—lt is my painful duty to communicate to you a drams.
Mane; which, from the feelings of regard 1 know you to entertain
for the person most deeply interested in the mater, must be el-
ceedincly distressing to you. Colonel Faunce's daughter Fanny
has been prevailed upon by me to leave her husband tool children,
at St. John'!, Newfoundland., and to proceed under my pratet::oe.
to England. lam convinced that when you are made acquainted
. wall all. the circumstanres under which sh was indused to take
this step, let co tdurt will appear to you n a much more favour-
able light. Hoping that the run cur of what has occurred has not
yet reached the ears of her parents. she is most anxious that ye_
should be the channel through which her deplorable skeane:,
should be made known to them, feeling canident that no ind-4'
'blunt would perform this painful task in a manner better ealeil
lated to mitigate the sulfating of her parents, on their first tae..-ii,
lug this affecting intelligence. She begs of you to take charge s
the enclosed letter to her nicther, In which she has explaioed4 ~
nature of her situation, and of all the ciretrinstandes which I to
it. I cannot attempt to depcnbe to you the agitiited Mate of . net
mind, her present deplorable situation, thedesertion of bacilli 'Sr,
and the uncertainty of obtaining her parents' forgiveness, prey pot,
mind ; and torment her almost to distraction. The comic ous,
of having been the cause of her misery, would scour , hoe
sto try comfort and attention which 1 have it in y power to [emirs
j
, were I not actuated by very mitch'strongcr feelings of affectio ,i an,i,
dittachment. But I despair of offering her am) real consols: ion of
140.
procuring her any thing like peace of mind, WI she has st en het
porents. May I again earnestly request that yen will (vent all
your influence with them to bring about such a aneetimg an so,in
as possible ? The bitter sense of the injury 1 have done bdi r, winch
must always be accompanied by the severest reflections, fan never
be diminished till I have used my utmost endeavour. ta : estore hic
to their effect/0m 1 have only to add, that I will lend loyseli to
every arrangement you may think beat adapted to prs ma:so her
future halal:omega.

" iremain, Sir, your very obrdiert prrvant.
GEORGE liE !IVEY.
" The Rev. John Russel, Oswestry."
What were the feelings and what the sentiments which aniturt.lh
suggested themselves to the minds of the Jury on the hearang this
letter as to the object and motives of its author ? lie shotad say
that it was a letter which indicated any thing but pure affection, or
even the slightest regard for the woman whose unhapaineas it pia.
tended to deplore. For the defendant had not taken her from he:
husband more than five weeks; then, being fully satiated writ the.
luscious banquet, his low passions having been gratified, he began
to b! wearied of the object, and so he would fain return her to her
friends, desert her in this hour of peril and of desolation, and Leave
hr the agony of her own reflections. What had he done, and what
were the materials of that heart which could thus have acted ?
Before that time there was no doubt, nay it would be proved, that
Mrs. Thornlike was a weman of high virtue, and of high feeling,
but prevailed upon by this defendant, with no common address. to
leave her husband, to down her children, and to throw the indelible
stain on her own fair fame, she at least deserved the friendly atter-
tions of the author of all this misery. lie would ask then whether
it all thin sprung from a pure attachment, or a feeling even of the
slightest kind towards her, he could have taken this coarse, 300
sought to have returned her to the bands of her of and be-
reaved parents? But this was not all, for the Jury world find that
• child was born in the month of September following their embar-
kation, which made it, in the course of nature, impossible to be
that of her husband. This was an additional MINORS no denbt, for
the eenrse proposed in this very notable letter. Being tried, satia
lard, and wished with the enjoyment of her person, no longer slid
her mental or personal charms attract hint ; but be who had cropt
the Hower now threw it like a dirty weed away. If one single par.
tide of rent affection was felt by this man, he never could have
thought of sending her back to her parents. Blaming that she had
destroyed their peace of mind as well as her rem, rt would have been.
one of the last things, under the circumstances, in hare propesed
such a place for her retreat by him who hail any real desire to rea
store her own lo.t peace of mind. What palliation. then, could
there be offered for the conduct of this defendant? These war
every thing in the way of aggravation about it. The ages of the
plaintiff and his wife were similar, their families in the runt bo-
ci
nourable profession, their attachment to each other unbounded, I -
that every thing conspired to make this match a happy one, an
that, for many years, had nut this young man some in, and, di
Ms " rude unmannerly touch," withered the blossom of domestec
jays, crushed the promising flower that youth and lore had'.
reared, end made the garden of home desolate and a desert. If
'he jury considered the very stature of the situation in witiele
these parties were; living in a small fort, where no female'
society could be found, devoted to each other and .to thrii
thildren, who would have violated that sanctuary ? But thip
man stepped in, was received by the hand of friendship, and under
that disguise did this mischief, which DO time could repair and DV
damages could compensate. Ile could not imagine a case of t:srper
guilt. or of deeper degradation. No doubt ha should be told by
his Learned Friend (Mr. Brougham), that all this was tide.
fault of the plaintiff': it there was a perstalin the profession *by
mak' make the worse appear the better Teazle, it was his Learnt*
Friend, of whom it was no compliment to say this, for every day
gave proofs of it. His eloquence would be used this day for thp
defendant with its usual power. They would have the youth of
the parties urged to them—" What! so young, and yet lap-
wicked ?" Bat the Learned Sergeant would ask the Jury whether
they could believe that this ruin could have been effected %inlet,*
some great efforts had been made to steal away the affectaans or
this lady from her husband in those moments when his ditty a• t.
illness kept him from her ? He would say, that during those. OF
months' residence at Newfoundland, the defendant had applieera
more of his time in erecting the alienation of this amiable parstails.
affections front her husband, than he could haVe done in his claw'
as an officer. lie, therefore, again repeated, that the whole say
was one of the most aggravated kind. The trial hail been past_
pursed to enable the defendant to get his witnesses; the hone was
row come—the opportunity was now afforded that gentleman
to derma his conduct. The Learned Serg tat a shcul I be glad to Sep
there witnesses who were to be confronted with his own, in order •
drawl the great demand the plaintiff had 0 a the jury for damages;
brit knew that could not he dace. The plaintiff threw himself
epuu them. and invited their inquiry as to Nis conduct. If it mina
be shown that he bad thrown this peed Z stray, that though it was
true she insa a woman of high virtue, b hutitn: anti amiable, vet
that he had at any time manifested the least neglect toward, her.
then the Learned Sergeant would wimit : that he had no claim up,*
them ; for he did not stand there h i seek money alone at their :
bats& ; the character of the plaintiff was paramount to the largest.
damage's they could give. The qv ptiom lot their co:aide:mit.

were two-Lent, what domestic comforts had been lost ; and then
ieseWlesier bad the defendant acted in destroying them? But he
wed& add a third question, and woold ask, how had the plaintiff
cendatted Menial'! But he lelt that on that point lie weer Men'.
seeable; fee be should show them, that up to the embarkation
glop heed in the most isfectionate manner, and her devotedness to
him coot dreired by all who knew bee. If he should be seked,
tots what account do you give of her at Newfoundland ? He should
tensest, I can give rune. There were no ladies on that station, and
weeerigaently nu ecelety for her. But he shoel.l show, that up to
the time that this defendant became acquainted with her, not only
• the hemb'md's conduct Imo without spot or blemish, but that
of ties wife wan without spot or blemish. They could only at-
countlfot this change in lies by considering that thie men's con.
duet must have efeeted.it. If their minds did rot come irresistibly
to the elm-lesion that ehiewas a very gross and a vary aggravated
vase, then he would ask fur ro damages. On the euhject of
damages then be would say no more; for as to damages,
they were a very leadeqeate compeusehnn ter the injury sus-
tamed by a plaintiff' in a cause of this nature. lie had always
riflemen it strange that the law of England had not made this of a
ennostal rattier and the subject of a criminal prosecution ; but nt
prosent they had nothinet to do with it in a r-oral point of view,
ant thye therefore only brought the came before the Court fee a
perneiney enenpenitation for the injury the plaintiff had received.
Heoeuld not suppose the defendant world attempt to brine forth
witnesses to aid him; he imagined that the party would only throw
hieesed ups at power and upon that speech with which his
able acd eloquent friend would delight them (del•gbt them, he
mennt, as far is his high talents were concerted); but that he
naiad row it the ornament, the eloquence, aid the power of that
- apttxfi, %hitt), when the Jury should have divested themselves of
its influence over their minds. and exercised their judgment °pole
*a them before them, he hid no doubt that speech would be found
to rind to the powerful ascendancy of truth and justice.
the 1t,,. John Russel, the clergyman trading et Otweitm,
was than called and examined he 3ir. Sergeant NVlersx. Ile
1,, knew Colonel Faunee; the family resided very near efswestrr.
lie knew the lady, Mina Fenny Flume, to fire hes marriage. U.
performed the mare ige ceremony in the year 1310, which was at-
tended by her father and Arm,. He was in the habit of visiting
Mr. and Mrs. Thomdike while they resided in his nei;ehbourhood,
and he never saw two people living mote happy in his life. They
hay two children. He received the ktter now produced, megr.ed
George Hervey.
Thomas Orlando Caine. Esq. Lieutenant in the Royal Artillery,
in the same regiment ea the plaintiff. examined—lle became ae-
quainted with the plaintitf after his marriage, in the year 11119,
when he joined the regiment nt Woolwich; and, being •mierried
• was himself, he became intimate. They appeared to him to he
living excessively happy ; he neon saw a couple more so, nor did
he ever see a husband more attentive to his wife. He knew them
cop to their embarking for Newtonnelland.
. Mrs. liniaabeth Chaplin, the a ife of.lantesChaplie, Esq. of Rod-
neyebuiklinge. kent-rood, examined.—nlie bees:tie acquainted
Pi; h Lieu. Thoendike and his lady in the year 11121, and their
arlasin,soce continued till they left England. l'hey sometimes
• visited her foea week or two together, during which time their
• barite of lite wire tenet affectionate meads each oilier; ales never
. saw a more atTeetintete couple.
Me. Chanties gave similar testimony. Ile was a wholesale iron.
,trinager in the rity, and had i,een in the trade fur 50 years.
• aeon Christenbury, Esq. an ethers in the army, ermined,—
Henan A n.arried man; he knew the plaintiff many years before
. bin enarriage r he first knew him at Woolwich in 1.13n3, as a roar. I
red man. Witnme's lady and the plaiotilre were on visiting
t Tom The plate tifi'and his wife lived in a manner that was truly
affectionate, which appeared, to be quite reciprocal. lie knew
them when they embarked. and had no reason to alter his opinion.
nits. Thornlike was then the mother of two children.

• . James Rayon, lonnerly a private of the 81st regiment, eft.
omitted—He wen in Newfoundland in Nov. 1824. lie knew the
de:melba' while there, and also the plaintiff and his lady. Captain
Hussy's regiment was the efftb, and a itness's regiment went
there to relieve them, which wan some time in September. The.
salon of the regimert left Newfoundland abort a fortnieht before
. Calm. Hervey did. He remembered Capt. Hervey embarking in
eta brig Todd:ton the evening of Sunday, the 31st Nov. 1321. IV it-
asta. arm then on board; a lady came on beard with him. Wit.
Rags had since seen her, and knew. her to be Mrs. Thorndike.
Tliey esm• on board from the shore in a boat, the brig having
*sighed anchor in the Moriting. Witness came to ('ark in the
. brig. The -defendant end the holy occupied the Captain's mate.
read:. They had no other room. They ate and drank there, and
. ho supposed they slept there, foe they had no other place to go to.
There was but one bed in the cabin. Witness once went into the
i cabin and sow Capt. Hervey in bed, and Mrs. Thomdike sitting on
\
the bide readiry to him ; the Captain was unwell at the time.
.Tiary bad lli days passage to Cork, where the Captain and the lady
staid fix four or tive days at the Commercial Hotel. Witness
waited on them during the voyage, and alto at the tavern. There
was oily one bed in the room at the tavern, into which witness
teok the trurk containirg the clothe, of both parties. They left
Cork on Tuesday night abort half-ram nine o'clock. in a post.
eissise. %Fitness bad not seen Capt. Hervey since. lie went with
. Mr. nonwhite, the plaintiff's brother, to Shrewsbury. where he
saw Mrs. Thoendike in company with another lady, and pointed
'ha out in Mr. Thnendike as being the lady that was on board
jit. brig Todd& When on board the Captain and the lady passed
a, t man and wile, He used to call her Fanny.
', By the Conat—W'imess had never heard her called by any
0 er name.
fr. Amieew Snape Thorndike coreobormed the lam witness as
to he fact of tot pointing out his brother's wife to him at Shrews.
dk
bat'. y as being the lady who came from Newfoundland on board the
(~ wined I. Mr. BllOUGH•M—Sitesh Lewis was servant
so plsintiff before he went to Newfimndland, and she went out
gosh sot, end was now present in Court.
av %lc. Setsmant Wisnx—Do you know whether she Ls brought
batik • the defendant ?
wst ese—She is stibeicenaed by him.
By ''''. Bnotionner—Do you know whether she is brought
Lere by he plaintiff?
. Wins to—The plaintiff has subpoenaed her. (A laogh.)
IC
. W.. 1 het Tilden maratined—Witness was at Newfoundland in
dug, en I was acquainted with the plaintiff and defendant there.
lie wept o Halifax in July, and maimed again in September.
Ile knew eptain Hervey both before and after that time. up to his
embiakat. on for England. When plaintiff and his wife arrived
-Loam opty vete living meat happily together, and continued so up
t 4 .1,11/, rhea witness went to Halifax. Their affection appeared
to test perfictly reciprocal. On witness's return, in the month
in September, Akre. 'Fliorndiice was extremely ill. Her mind
*Mimi:eel lc be very much affected indeed, and her health to have
smile:in-1 very materially. Her children Were with her at tin t time.
Sbe recovered a little before she wrot away. Cape. Hervey and
igr. Thor:Mike were on the most intimate terms during the time
tee lady was in this state: their intimacy cobtinuttl ti'l Capt. H.
left. Capt. Hervey partook of the hospitably of the plaintiff a;
holly Wattle latter could afford it to hint ; and the Captain was at
,Leintiff's home and quarters continually. Plaintiff was ill for a
lob days, bat 'nitres, onuld not recollect when it mots.
Crom—examinsd by Alr. BILOUGHAW.—A dinner was given to
the officers of the 80th, on their departure, bet witness could not
«collect the date. Mr. Thomdike vas at the dinner, and Mr. 'F.
mast have Veil much recovered at that time. Witnest believed
this Lieut. Wel* wae not present. Witness did not recollect
Lie. Thoendike Pinging a song a two on the occasion. But he
would sot swear that he (the plaintiff) did not slog one or two
potpie song.. Witness saw the lady frequently during her illness.
: Mul she not at that time talk principally about Mr. Hervey ?
Witness—Nnt to my recollection. Mr. Hervey appeared much
mere intimate in the house than myself.
the
not know from Ala' horndike, that Mr. Hervey was
the 'pal persen she spoke about P
'mesa —I do not. I hai some conversation with the plaintiff
op the aohject, but I do not recollect advising him not to allow
:da, n tri t y to have frequent intimacy with his wife. It ii so.
a cicate a subject. that I think it almost speaks for lttelf that I did
not. Limn. Welsh beimged to the Egeria. I haft! Mrs. Thorn.
Mgt while In her deranged scats or mind, frequently nientioliC
Lieut. IVeloth's name. In fact, her whole conversation was very
imersherent aed perfonly deranged. but her mind certainly was rum
Aim upon Lieut. Welsh. It was about this time that the Egeria
left,Newfoundlawl. Her illness lasted from a week to ten days.
sod then she got better. I was at kir. Moor's seemed times with
..-;:c. l'hererithe, and once, 1 think, Mr. Therndike sang some
batboys as range. I limo had some conversation with him reepeet-
ti./e soma levees% smitten by Mr. W slob to himt best Ido not re-
uadect ereseing to him shoat any letters which he found written
by Mat Welsh to hie lady. I don't recollect his saying ho had
ttmod any sueb lettensaftor Limit. Walsh went away.
.By bit. Sergeant Vationsiert-1 never Saw I.,etlielelitil Welsh
wide Meg Timmilike alone, after my return from Halifax. I do
sotkenere there wan any thing improper in their intinesey before
*at time. or r.:. her part towards him, except so far as she might he
Remy that Livuument Welsh was going to leave Newfoundland.
:eft. iferver's attention woeunceamag.
• PI Mr. itnoliGllADS—Csptein Roberts's wife was at Newfound_
haul shout this time. The Captain was the Commodore of the
emboss aid captnin of the Egerfa, and lived in the Civil Carer-
nor's hmom.
Res. James Cox, of Bristol, proved that Mrs. Thorndike was
imagined co the 8,1, of September. She saw the dead on the day of
is Weds, and the mother on the following day. Mrs. Thorndike
Wee hasp with her mother at the tine of her ennfinernent.
' A .Gantleman from the house of Cox and Greenwood watt called
to mew the defendant's hain,writing; but Mr. Bronehant said he
semeid-admit Me letter addressed to the Rev. Mr. Ituosel to have
boot mime by the defendant.TTbeefeuerwas then put in and read.
This wilt the plaintiff's case.
.Mc...Pbtosinuam rola and addressed the Jury on behalf of the
t. Hewas Mite that if he had any pretension to chat power
pa which his Learned Friend had so liberal:, given him
crabs' , he newt knew of a use in which eloquence would be
/nom uplifted mid eepetfuous than in the one now before them ;
Fur ex wits nig here M do away facts by vague insinuations against
aseplaineffila cisme ityr, use to Psalm wain pan•gyrim upon Mr.
fiereet.• fits object ib addressing the Jury, was to call their atten-
tom ma to fade of '' ..t by his Learned Friend
t carinellsee, anti ..With his Learned Friend had
thindia am maiden ontimions, not of hie etatertyg t
(-Manner. Inc they I •-tee but the omissions ii. Vs
•411'immit It was , .he shookd in the first place
mil Vogt r attention. , been said about Ole hind.
onweer.this sego another, of the constant kind
t /attest .of -Mak . or hush:old, during the Ilse
',me Of their marriage, fervent auachnient which at
soot wee prevailed The evliatias tipont this sub.
soot wee all seal wall t England—that was to my, one

or two persona were tailed who had seen the lady from time to
time, and before whom she had.displayed that Vititioll which all
wives would do when before et:engem But no relation. of Mrs.
Thorlike, no persons at all connected with her. ce who, by their
peculiar !deflations', would be able to speak to.. the tree state in
which these rerun lived. All were strangers- Kaye Mr. There-
dike, the attarney in the cause, who was the plaintiff's brother;
sad he was called oily to swear to the Identity of the taly's per-
son. But no question wits inked of him with respect to the footing
on which his brother lived with his wife; but 11 is dismissed jeet
AM if he had been called upon to speak to the ateeetation of sonic
document. The use, therefore, was well encunh before the parties;
left Engla"d, although it was not proved in the way in which
' nose of this tort timidly were, namely, by the intimate friends are:
relatioes of the parties, and by the friends of the Penile, who
having oppowurfeies of seeieg them tinily, would he much more
qualified to speak upon the subject, net hail the servants of the
plaintiff been called, who saw the pataimmore constantly, perhaps.
I than any other remits. !lad theme been ealltal,••the cause would
have assumed higher grounds and a more triumphant eyed. But
still he would pass by all that had beets said is Englund, which
was scarcely of any importance in comparison with the aspect
their connexion bt.re on their arrival at Newfoundland. But how
was it then ? It was a little important in saint of time, being the
latest period of their concexion. It was in the year when the
bad coed= of the husband, if there were such conduct, must
have produced the consequences that were now complained of
Pad treattnent, if arty took place, might have been in the year.
when the seduction took place, if any such seduction there were.
During that year Mr. Tilden was the only person who hail spoken
of their conduct towards each other, and the greet reluctance which
that gentleman had shown to 'peak out did his feelings much
ered4. He laboured under feelings of pain to. be asked such qua-
bons, and the relnaturce and repugnance, alnu.st amounting to a
denial of tellirqt what he had observed, could cot he complained
His Learned Friend had hid, if you ask me what account I
giveof the lady's conduct at Newfoundland? I answer none. To
be sere that lass a very startling sort of saying of his beamed
Friend's. It' he is asked what account be had to give of this lady's
marine: during the most critical and important period of her mar.
riage state, he declared that he could give none 1 Why, all the
rest of their lives compared with that period was nugatory : and
per upon that he would give none ; because there were no ladies on
the station. And who did his Learned Friend call ? An officer,
and only one, and It was proved that there were ladies there. There
was Mrs. Roberts, a most sespectable person ; she and her family
occupied the government house, but she bail not been called, and
the reason was because it was the last and meat important year upon
which every thing turned ! But were there no servants--no
maids—no nursery maids? His Learned Friend had made some
observations on the cruelty of the defendant in takiteg the mother
from her children, and leaving them deserted on the beach. The
witness who could have proved this bad root been called. Nei; she
was the servant maid ; and lois Learned Friend felt, that had she
been examined she would have known a great deal more titan he
wished should behcaril. What other ramoon coo& have withheld
bitn from callin/ her who could prove that thill defendant had
prompted the wife to desert her children on the beach ?' But he
did not call her, such was the strength of his repugnance to
hare that witness state what she knew to have passed during the
last year. Thus were they without a tittle of evidence whoeh was
sot/medal ; but this was not owing to any oversight of his /yearned
Friend, but because he dare not venture to put this witness into
the box, but thought it was better to leave the case as it row stood,
than to have one ray of light further thrown upon their mode of
living together. His Learned Friend anticipated that he should in
the first place talk of the youth of the parties ;* the sea of the par-
tits weed certainly material, and it was proved that Airs. Thorn-
dike was 26 years old when she eloped, and the defendant was only
21; this was undoubtedly an important eircumstnnee, and which
never failed to make an impression on the Jury. 'raking all these
circumstances together, the question was principally as to the da-
mage done to the party. He, however, meant to show that there
was neglect and imprudence in a great degree on the part of Mr.
Thorndike—such neglect and imprudence as could not but lead to
the unfortunate result that had happened. His Learned Friend
said, if a spot or blemish could be fixed upon Mr. Thorndike, or
if it could be proved that he threw her away, lie would call foeno
damages; but he (Mr. Brougham) was net instructed to fix any
stigma on Mr. Thorntlike, nor to attack Mrs. Therralike's
clu-
recter; but it was quite sufficient for hint, if he showed that im.
prudence, indiscretion, and carelessness, did exist on the port of
the plaintiff. The defendant did not mran to impugn the lady's
character; but, as he was on his defence, it wan absolutely accts.
scry that they should hear both sides, though the remit might be
that they should leave the Court with a less favourable light em
Air. Thorndike's character—still they were bound to hear both
parties, as Mr. Thomdike had forced the defendant into this
inquiry. With regard, however, to the letter which had been
read, his Learned Friend had said it was the preduetion of an old
and inveterate seducer; but he (Mr. Brougham) would venture to
say there was no man who heard that letter read without declaring
that it did credit to the writer. The defendant felt pity far the
woman ; he was pained at her situation. He having himself fallen '
the victim of temptation, was an object of pity too. lie (Mr.
Brougham) denied that it was the intention of the defendant to
throw the lady back on her relations. Mr. Hervey only desired,
for her own comfort, that she should be restored back to the affec-
tion of her parents. lie had no doubt that his Learned Friend, in
his reply, would impute whatever took place between Lieutenant
Walsh and Alen. Thorndike to disease. He pereeieetl, by the
course already adopted, that each conduct weuld be attributed to
derangement of mind, and that whatever took place with Mr.
Hervey was, he suproscil, also from a derangement of mind.
But whether the Jute called it illness or rot, it certainly took place
at the sailing of the Egeria. She, according to Mr. Tvlden'a ad-
mission, became quite well afterwards. fie ( Mr. Brougham)
sheltie' be able to till up the blanks, and to shim what sort of
attachment it was that existed between Ala. Thornelike and
Lieutenant Welsh. Suppose it was a disease—was it very prudent
in Mr. Thornilike, knowing that the disease had taken that turn
which led bee to rave after Mr. Welsh (fnr that was the expression
that was meant to be used), that she would talk of nobody else, and
that when she wan told lie had sailed she declared the would sail
after him—suppose all this was disease—it might have been
caused by love—and that there was lore, an attachment, and
• strong passion existing for Mr. Welsh he should prove. Re-
peated opportunities were allowed to lie. Welsh to hpe_interriews
with Alrs. 'f horndike. Alr. Walsh slept in the pliMaiff's house,
in a room next to Ales. T.'s ; trinkets were found in his pockets
belonging to Mrs. T. There was also a ring which Mrs. T. wore
that was given to her by Mr. Walsh, but this was not the only
ring, for other gentlemen had made her ykasents of rings which
were on her fingers. Mr. Thorndike knew of all this, for she
spoke to him of her attachment for Alr. Walsh. His Learned
1, newt would say all this was a fantasy, a chimera. It might be
called a malady, but whatever it was, it led her canna/di, to be
doating on Lieut. Walsh, who had access to the plaintiff's house
at all times; and, after all Lille she wan allowed to have the same
litimscy with Mr. Hervey. Was this prudent ? Mr. H. was al.
lowed to be with her constantly day and night, giving her medi-
cine, and sitting up with her. And after her illness Mr. Hervey
was allowed to go on in precisely thesame Trey. If the Jury should
suppose all this wax the result of disease, still the disease had taken
the turn fast for Mr. Walsh and then fir Mr. 11. whose seciety,
of all others in the world, ought to have been the lasts he should have
taloned; anti yet he is the person to be permitted to walk'
oot with her 'done, and who had a constant and unrestrained in-
tereourse with her until the event took place. Alr. Hervey was an
object of pity ; for it was inevitable, under such circumstances,
that the feelings of a man should not be interested. If he should
prove these facts, he had no manner of doubt that the Jury would
feel satisfaction in giving to Mr. Thorndike that reparation only
which a person who had so demeaned himself had a right to, and
the making his client responsible in that measure and degree only
which one who had been placed in these circumstances by Mr.
Thorndike himself ought to bear. If it was a malady it,wes pro-
duced by the attachment of Air. Walsh, and not to Mr. Hervey.
These circumstances the Jury would take into their consideration,
always remembering that the inquiry they had to make was as to
the loss of domestic happiness that hnd been sustained, and by
whom that loss of happiness had been occasioned.
Charles Chichester, Captain, in the 60th regiment, examined.
—He went to Newfoundland with the defendant, lie became ac-
quainted with the plaintiff and his wife there. He keew Mr.
Welsh, who was upon intimate terms with the plaintiff He was a
draughtsmen, and on one occasion drew the picture of Ales. Thom-
' dike. Witness and Mr. Thorndike vases present, but left Welsh
and Mrs. Thorndike together, which he thought was impudent.
lie remembered the plaintiff' returning to the Mess-room, and say-
log that Welsh was taking tea with his wife. Witness received&
note from Mrs. Thorndike, requesting him to tell Mr. Welsh she
wished to see him. Mrs. T. was greatly affected at the time the
Egeria sailed. Witness left Newfoundland three days after that.
On the morning of his departure he breakfasted with Mr. and Mrs.
Thorndike, on which occasion her little daughter said that Mr.
WRING had left, upon which Mrs. Thorndike jumped up and
struck the child, saying—" Oh, you little wretch, how can you
say so !" Mr. Thorndike was present. Mr. Tliorndike
had told the witness that his lady, during her illness, had
said she had injured him, and asked his forgiveness. She had ex-
claimed, during one of her deranged tits, that she had murdered
her daughter, Julia (who was present at the time), and cried, Oh!
that fatal night! that fatal night! Mr. Thorndike said he knew
that noshing could have happened, for Ile bad only been away
one might.
Cross-examined—She was in a highly nervous state. Her mind
was much affected. It was the habit of officisi living on a foreign
station to have great and free access to their fellow officers' ladies ;
—they were thus thrown together, and there was a greeter de.
gree of confidence and a higher feeling of honour on that account.
Air. Hervey had told witness that he had got Welsh nut of a
" scrape." lie had been told by plaintiff that he had received a
leiter from Mr. Welsh, but he was tot told that it was written in
enneequence of the communication made to Welsh by Hervey, at
plaintiff's request.
Mr. BROUGHAM here endeavoured to get at the facts to which
the word "'crape" alluded, hut A was objected to by the Learned
Cumal on the other side; and
The LORD COIN} JUSTICE said he should stilko the word
out of the evidence.

Catherine Robinson. the servant of the plaintiff, was then ex-
amined ns to Blr. Welsh's being a constant guest of her minutest'
that he slept in the house ; that trinkets were found In his pockets
belonging to her mistress • and that Mrs. Thorndike expressed a
strong desire to in with 31r. Welsh in the Eerie. When the
whitest asked her how she could go. tis Captain Roberts and his
Indy were on board, ahe replied, that she did not regard that if shi
aloha once get away with him from shore.
The husband of this witness was examinee, and hls evidence
Tent to show that Marti-4ms frequent!), Used the name of Welsh;
but lialleVer saw hei do anyerbik turf/Topa oricort during her illness.

f-Tthe the, ease as made out
to tb ot.daimns which'
it to as ke. The owisaio
wets a so conuquenee,
ape. y tat pAnt that he
• A yet 1:3 deal had beet
bro.?* y vino and moth
. Thoeadt iys by bee hu
re.,- sad lot the freven
td beteasteo thot. The
tiloottt fit• i left Eoglst