The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-18 00:00:00


LAIV

COURT OF CHANCERY, biONDAY, JAN 17.

Upon his Lordship appearing in Court. an individual of respect-
able speearance presented himself, and intimated a wish that the
Court should receive the papers which he held in his hand, as they
would give saute idea of his distressed state.
The Loan CHANCEl.l.olldelired they might be given to some
gentleman of the bar, who he was sure 'emits: be glad to do every
thing in his power for the person.
tile. SUGDEN hail sorr.e knowledge of the individual, who had
employed him in a cause heard in the Vice. Chancellor's Court, in
which he ~ad been unsuccessful. The person had frequently pressed
him (31r. 8.) to make application that the case should he again
heard before his Lordship, but he did nut rooslder himself jits-
tided in making any such request, as there was nothing in the case
whirl, would warrant its beirg heard out of its order.
The I.cants CIIANCELLOC said, he would be most willing to
hear the cause, but he could not possibly pass over thoae,numerous
cases which stood for hearing belore IL
The individual said (as far as we could hear him) that it was a
matter of a peculiar nature, and involved much family distress.
The Loan (HAN cut. Loh said. the same may be said of many
other cases, and this would nut therefore entitle him to a pre.
fereree.

COURT OF RING'S BENCH, AIOXDAY, J&x. 17.

Sittings at Guildhall, London, be/ore Lord Chief Justice tIIZOTT
and Special Jerks.
CON.
cox V. FEAtc.
This ease, which excited a coneiderable degree of public emirs.
any. was tried this day berme lend Chief Justice ASUOTT and
the following Jere
• :
Special.
William Forster, merchant
Neil Black
W tit. Yenning
Thos. llorrelaile
Alex. Ilslntaeno
John Dixon
John Catlry
At an early hour the body of the Court, and even the adjoining
avenues, were crowded; and amongst the auditors we distin-
guished many well-known individuals connected with the theatrical
wield.
Mr. LAW opened the pleadings. It was an action brought by
the plaintiff, A. (:ox, against the defendant, E. Kean, for criminal
conversation with plaintiff's wife. The defendant entered a plea
of ••• Not Guilty," which was the issue the Jury had to try. lea.
maps were laid at 2,11004
31r. COllle OX SERGEANT stated the ease for the plaintiff:—Gen-
denten of the Jury. it in my .painful duty, on the present occasion,
to bring to your attention the unpleasant circumstances of a case,
which, in the present state of morality, is unfortunately lint infre-
quent. When you shall be put ice pnaisession of the circumetauces
of the case, contrasting it with the infinite variety of such cases
which have come before the public, I think you must agree with
we, that never did any case involve a greater degree of criminality
or worse aggravettems of guilt. There was not wily a lengthened
violation of the laws of hospitality, but a ehaineful mockery of
sacred friendship, in return fur unlimited confidence and generous
faith. The lengthened observations which it sill be my duty to
make may render it ncc e y foe we to bespeak your patience ;
one portion of the ordinary duty however in abridged : it is alto-
gether unnecessary for nee to trouble you with any description of the
parties; fur in this extensive metropolis there are no persons bet-
ter known to the public. The defendant, from his situation and
character, is known, inn only in England, but over all the world.
•He holds the first place in the first rank of a profession. which
brings Mai, more than any other profession could, before the eyes
of the world. It is impossible, Gentlemen. that you shou:d forget
how Mr. Kean blazed upon the world on his first appearance. What
other individual in the same profession had achieved, after long
years of labour ,and study, what they had held with difficulty and
by a precarious tenure, and fettled to lox capriciously, Mr. Kean
had possessed himself of in a moinent, and retained during a series
of years, to the present time, continuing the most favoured of his
profeseion, and drawing not only fame, but emoluments such as no
Is;nglielinfen before his time ever received on the stage. Every cite
cutlistanee connected with the life of a public man like .Me. Kean
is neccoarily known to the public, and you cannot be ignorant.
Gentlemen, that hi. success in London caused a great change in
Mr. Kean's 'intense. It was a great change, because only a week
before he was a humble member of a strolling company, per.
funning in the western counties, and only known in country
towns. He was then in obecurity, and his great abilities ap-
preciated only by a few who pinseeeed peculiar judgment and
great dramatic hate. Amongst 11106 A was the present plain.
tiff, who became acquainted with lb. Kean, when playing at
Dorchester, where Mr. Cox resided on his paternal estate,disposing
of Ids wealth in a manner which engaged the esteem of his neigh-
bours and friends. Such was the relative situation of the parties,
when my client generously steeped forward to encourage and
patronise this friendless young titan. I believe at this dote 31r.
Kean was invited to plaintiffs house ; at all event, he receivedirom
the planitilretteletlonseinnt nenomesgentern, of which he then lanai
in no small need. Mr. Cox married in 11$5, and I understand
Mrs. Cox belongs to one of the most respectable families in the
county of Somerset. The plaintiff and his wife lived in great
harmony tier many years ; and until her intercourse with the de-
fendant was discovered. there had never been the slightest inter-
ruption of their donteatic happiness. Mr. Cox was rot very sue.
cesefhl in busir.ess; he was a banker in the country, told was induced
to form another connection in London, I believe as a gold refiner,
which obliged hint to reside in town, where he has continued to the
present time. It was in lel3 the acquaintance between the parties
commenced. It was after Mr. Cue and others had seen and appre-
ciated those traits of genius which every one has since admired, that
31r. Kean aims up and made that striking appearance before a
London audience, which stamped his fame as a first-rate actor.
3lr. Cue was at that period one of the conducting committee of the
theatre, and I understand retains some connection with it to the
present time. You may imagine the honest pride and eatisfectien
which he felt, when Mr. Kean, whom he had so kindly befriended
in his obscurity, received the full tined of public approbation.
It is scarcely necessary to inform you that the defendant's profes-
sional success did not cause any discontinuance of his intimacy with
theeplaintiff and lan family. Mrs. Cox was a lady of considerable
attraction. She was possessed of intellectual attaiuments superior
to the generality of her sex. She was well acquainted with Shalt-
speare and the other dramatic authors of note, and was possessed of
considerable theatrical taste. !Hrs. Kean was known to Mrs. Cox;
courtesies had passed between them, and the families were exceed.
irgly well acquainted. 31r. Cox could have no suspicions of any
improper familiarity between his wife and Isle. Kean ; and if he
had, 11ra. Keen's visiting at the house must have lulled all suspi.
don. I think it necessary to state these circumstances, because
confidence might be mistaken for indifference, or worse; and it may
be suggested to you that my client had winked at his wife's impro-
prieties. As I have said, however, Mr. Kean was not an acquaint-
ance whose intimacy was likely to create suspicion. Ile was not en
extremely young luau. At this time I think he must have been
more than thirty years of age. He was not introduced as a bache-
lor or an adventurer, but he came with his wife, and as a MAN of
family. Under what circumstance' the fatal attachment which
forms the subject of the present action commenced 1 am unable to
say. The plaintiff does not know. Until lately it was impossible
for him to guess how long had been its duration ; but documents
have fallen into his hands which incontesdbly prove that it was
going on for nearly seven years. That it should continua so long
without causing any suspicion in the plaintitro mind may eecite
surprise; his diameter, however, ought to be taken into considers.
don. Those winner/ acquainted with bite know that never did any
man possess mord frank and open meneers. or a more confiding and
generous temper; and never was any men more likely to heroine
the dupe of successful treachery, because cone was less likely to
suspect it. Gentlemen I sin at a loss to tell you at what precise
period the criminal intimacy commenced, but the letters which I
hold in my hand prove that it was carried on with the most inge.
Mous caution and the deepest tranitery for many yeah. I
Mall first point your attention to the date of the letter ; but before 1
vowed t'. this pert of the envie, I 'Mnd inform you that the non-
e.' tee e • di,euvered in March lest year, stetter etrettnntences which
legeno 'it on the plaintiff's mind; of the tun extent of his misery.
Then it was my client wax first apprised, that fain friend sad his
wire lied been betraying him for a Jong course of yeare. His con-
duct on this occasion was each as mark.d the gentleman and man
of feeling. He determined never more to pan an hour under tits
14111IC roof with her, but lie told her he would not turn her into the
street ; he would leave his house, and get lodgings for himself, or
go into the country until site could tired is Itarbour for herself.
Whether Mrs. Cox availed herself of this humane and considerate
proposal. I know not, but when the plaintiftn: rimed to his house,
she had It it it, and be found a mass of letters n.ont neeecountably
and earefully preserved. They wensaddrened in vartien name, and
to differs at places, to elude suepicistn; but the et rte, tenor, and
sentiments. were socompletely incorperated, than it ie impossible to
mistake the writer, tie person to whom they were addressed, or the
subject on which they were written. The curliest date of the let-
ter. is the sth of April, 1820 ; this isthe port-nestle, for few of the
letters have any date within. Mr. Kean was then at Lynn. in till
county of Norfolk, on one of those professional excursions from
which he had derived so much profit and fame. Ile writes to Mrs.
Cox in language which indicates a warm but respectful attach-
ment. Ile had nut then felt any thing like contempt. It was
clear that the criminal intercourse bad ceinmenced, but tat that
period, probably, he did feel a respectful effection. 'fine letter begins
•• Dearest of women," certainly rather a leonine mode of address-
ing a married woman. The writer then disclaims any intention of
practising the deceptions of ordinary letter writers, who address
their fnenda, " anti descant upon the appearance of the country
and antiquities, merely to prove they are men of observation."
The writer proceeds. I know we are formed for each other ; the
assimilation of our character proves it. lam no philosopher. The
theatre was crowded to excess--the applause enthusiastic. flue
what availed the crowd? my Charlotte did not see them. What
the applause? my Charlotte did not hear them. The walks are
beautiful. but my Charlotte did not enjoy them. anti her absence is •
a counterpoise which overnalancen all my successes I hope to
return 110311, Mild fold my dear little girl in my arms. Front the
first moment I eaw you, I loved you ; I have never known any
change. My affection tie you has increased, and in the possenion
of your heart I have obtained the summit of my wishes. From
this letter it is not difficult to form a conclusion. as to the kind of
intimacy which subsisted between the parties. This year. or the
subsequent one, the defendant made a professional trip to America.
From thence he writes,. " My dearest little love," and ripe-saes
his regret that he Jul not take advantarec of the ore which she

Talesmen.
lihn Dyer
Chapman
John Peter Padlingham
Thnmu Henry
Henry Vinson

fir` .. TIDE' I#n fritstr PitESS:

made to accompany him. Some such offer then was made. Ile
euntiouts : "It I had but you in my wens, my happiness would
th.• complae. and I 'Mould fancy myself enjoying the i.ittni•ed
Elysiuni. lam getting a gnat deal of money. You doubt my
affection ;" and then be concludes in the well-known words of
Hamlet : . " Doubt thou the stars are fire,
Doubt that the sun Both more,
Doubt truth to be a liar,
But never doubt I love." .

(A laugh). This, Gentlemen, seems to be a favourite conAuslon—
• form, or part of speech, in actors' letters, as it occurs in another
letter also. A letter from America, dated ath April IWO, begins
thus How shall I requiie mf dear little girl for all her affec-
tion ? In my hear, she reigns triumphant, and shall, while puha.
tion beats there. Indeed, Charlotte, I love you dearly. Dhow sin-
cerely I teperit my fully in cbairucting your wishes. and not
allowing you to conic with me. Your dear letters instruct and de-
light me. I sail from New York in April 1822. I have no morti-
fication but your absence. I live in the best style--am travelling
magnificently, and remit 1.090 per month to England. I have
given up all the frivolities of my nature, and every correspondence
that could interrupt the thought of you. I am indeed jealous of
your regard, fur I love you with the affection of a lover, and the
esteem of a friend." Mr. Common Sergeant continued. I have
beard of a public whisper, and that it Iles dared to report that there
l:aa been connivance on the part of Mr. Cox ; there is some reason
for it in the degree of confidence which he placed in Ices friend and
his wife. If the defendant's Counsel hoist on it, it might be diffi-
cult to prove that this confidence was not connivance, may
far the letters which I shall produce. The Learned Counsel
for ti-e detinolont says, that he does not mean to insist
that there was connivance ' • but really, malignant persons
will repeat such things, and in consideration for the pleasant
character, I cannot withhold tie evidence. This aeries of letters
prove that no precaution was neglected to lull the plaintiff's sus.
pieituts. On the 17th July. 1323, a letter was written by the de-
fendant. About this time Mr. Cox became unsuccessful in bun.
ness, and bad some hopes of getting an appointment abroad. The
letter ran, " my dear beloved girl, although I rejoice that all is
sate, I hate to think of the hour of separation ; but our einsolation
nrust be, that we meet again as it:separable in pertain as we are in
avert. Let his,, only Re &Mead, snit I will hazard the worst." In ac-
other letter, dated the 23th April, defendant writes—" When we
get rid of our annoyances, we shall part no more." The letter
then recommended caution. •• Go, receive toy letters from the re-
ceiving house, and put your letters with your own hard into it."
Ile •. sites on the 21st July, 182-2, when it appears there was some
danger of discovery_" Little darling, I thank heaven that all is
well'; we must be more wary for the future. I have received your
little darling letter :" and then it goes on to say, if ha (the hus-
band) was *Canna " he should fold her in his arms, and sleep in spite
of the thunder." The (ikon-cry took place in March last ; but in the
preceding January there was some detection anticipated, from what
cannot say, hut the defendant's letter, written at this period,
manifested considerable alarm. He writes—" My darling lore.
ty to my arms, take refuge in a heart which is open to you. If
you can secure her (nesting a young lady who lived in the house)
it is well—if not, fly to me. All I ask ts, that you should hide
yourself for a while, that when the hue and cry is raised nothing
should appear to criminate nie. If the goods are not found upon
the thief, there can be no conviction." Put, Gentlemen, the goods
have been found. and I am sure you will do your duty by convicting
the thief. (Loud laughter.) " Makeup your mind to meet at the
Notions on Monday ; let no one bee you, and no one shall see me
until I step before you. What money you war t you shall have at
three hours notice. You shall find in me a lover, father, and friend."
Then followed the favourite quotation about the stars and fire, Ilene
then are the proofs of the rase : a discovery is anticipated—the
lady is to be pursued. and find refuge in his arms, who was to be
her parent. father, triend—what money she wanted was to be pro-
vided at three hours' notice—she was to keep herself concealed,
and prevent the detection of then.. Perhaps it is unnecessary for
rne, Gentlemen, to have made ea many abservations to prove to
you that Mr. Cox could not have suspected the wile of his bosom
of criminality. alrs. Kean's constant visits were of themselves
sufficient to account for his blindness. Besides this, there was a
young lady living in the family, who, a man might reasonably sup.
pose, would have been a check upon such an intercourse ; her pre.
*trice, at all events, would make a husband still less likely to sus. !
pact ; and when this yoang lady did not suspect, it was not strange
that a husband should not be aware of his wife's infidelity. Besides,
Mr. Cox's avocations frequently took hint abroad, which gave a
greater latitude to the parties. But what palliation, what extents.
ation is the defendant about to offer ? I cannot conceive what de-
fence my Learned Friends may set up. I have indeed heard one
detente whispered-1 have heard that the defendant means to rest
his case upon some assumption or proof—that Mrs. Cox is a
woman of abandoned habits, and had permitted the embraces of
other men. I call upon you to consider this as a foul aggravation
rather than an extenuation of the defendant's conduct. It is ilia.
possible for my client to say at what period the defendant's intimacy
with his wife cosimenced. It is impossible for him to say what
may have been the extent of her degradation ; but it is for you to
consider whose was the fault —who was the origin of this hurnitiatioa
of character, which brought the severest misery upon my client.
This lady, whom he was bound to protect—to whom he gave
the full measure of his love—had bees led into crime by the
defendant. If he had seduced her, and in this horrible
state of things she was led to admit the embraces of other toastui
d the Wen of nheratind (whether- true or not I ern unable to say%
who is to be charged with this dreadful humiliation, but the de-
fendant? on whom should it be visited? on hint alone. It is
known, however, that Mrs. Cox once filled a respectable station
society ; that she has been visited by ladies of the higheat rank In
this metropolis ' • that she has been considered a faithful and affec.
tionate wife, performing her domestic duties, as mistress of a fa-
mily., with credit to herself; and it is • painful—a cruel aggrava-
tion of the defendant's conduct, to bring her forward before the
public, and attach to her additional criminality, added to that pro.
duced by his own crimes. If the defendant was the origin of the
degradation and misery, his conduct should excite the strongest
feelings of indignation and contempt. It is impossible to feel any.
thing else but contempt for a titan who would charge an unfortu.
nate lady with effects produced by his own actions. But the de.
(rodent's letters are important, to prove that the plaintiff could
have no suspicion of his wile's criminality. The defendant, It
appeared, had not the slightest suspicion of her constancy, and it
WAS no wonder that the husband did not suspect her liaelity. The
defendant was a perfect monopolist of die lady's affections ; it ex-
cited his anger when lie heard she had smiled on another person, a
gentleman whom she accidentally met. The plaintiff did not sus.
pect the defendant, and he could not have supposed that his wife
would have admitted the familiarities of others who had less op-
portunity. In one of his letters, tire defendant upbraids Mel.
COX wit), having smiled upon a Colonel whom she met. It
appeared to hint a matter of wonder ; and when she had
deceived her lover, it was not to be expected that the husband
should know of her levities. The defendant writes to the lady
thus—" Dear L. B."—this was a kind of private name, or pass-
word between them —" Dear L. IL, change of circumstances pro.
duces a change in affections. To a casual observer the change
must be obvious, as it is indicated by your letters. Formerly they
were tilled about toe, and every page contained assurances of lows
and devotion. You now seem weary of the subject : your letters are
filled with descriptions of balls, and plays, and concerts, and dia.
cussing the merits of different actors and singers, which are to the
matters of entire indifference. All this assures me that your mind
is matte up to the result which I otter vainly conceived would have
broken your heart. If this, indeed, be an, I shall have no hesita-
tion in releasing you from your bonds. The 'ample style of your
letters, which used to delight my heart, which received • thousand
kisses ft= my lips, and were uniformly placed at night under
my pillow, is changed for the slang of fashionable coquetry. You
say you did not give the Colonel one smile last night—why smile any
night, if those whiles belong tome by right ? 1 trill you, however,
that you betray a littleness of mind. If the mind that was devoted
fur six years is worth—but no matter---One way was left by which
our mutual happiness may have been 'secured. This you have re-
jected. Your unhappy but fortunately proud Edmund.' (A laugh.)
Thus the poisoned chalice was returned, justly returned to the de-
fendant. But, Gentlemen, you will perceive that he was taken by
surprise at the slightest indication of a favour shown to another.
Here was decisive proof that Mr. Cot knew nothing of his wife's
familiarities with Mr. Kean. and still less with any other person.
It is now proper that I should state to you the circumstances under
which the criminal intercourse came to the knowledge of the plaintiff.
I said that a young lady, a relation, heel in the house. She was
not placed there as a spy; on the contrary, her presence. as I before
observed, served to lull sitapicion. There were servants in the
house, attached servants, who lived with Mr. Cox before his mar-
liege., They were deceived by the extreme caution which was
used ; and, when at length they discovered the disgraceful connec-
tion, they thought it more advisable to conceal it from Mr. Cox,
than, by informing, to make him miserable. They were retain.
too, that if they had communicated to him his wile's dishonour,
moles. they could produre the most convincing proofs, it would have
been impossible to make him believe that his wife and friend were
treacherously engaged to rob him of his tumour. They thought,
too, that new artifices would be devised to hide the guilt and con-
finite the deception, and that the deceived husband would not listen
to their tales. It is proper I should state, Gentlemen, that the dis-
covery was made in consequence of an appointment made at the
plaintiff's house in tVellingtomplare. Many manoeuvres were re-
sorted to. In one case Mr. Kenn was to receive one letter; under
other contingent circumstances lie was to be handed another. Mr.
Cox, too, was to receive a particular letter, if he errata at a certain
time; in case other circumstances arose he was to receive no letter.
Every precaution was taken, and the result was, that Mr. Kean
entered the house, and pared a great par: of the night in it. slr.
('us returned before the interview terminated, and when the pre-
cautions were not in effective operation, and discovered the parties
under circumstances which left no doubt MI his mind of his wife'.
dishonour. I do not desire to hide it from you. gentlemen, nor
should I act within the spirit of my instructions if I did ; that sub-
sequent to the discovery of Mr. Ken's connection with Mrs. Caw,
it Gees:or no secret to her httaband that she had committed Immo.
prieties with another man. Upon this ground the plaintiff desires
that the amount of damages claimed its this action should not he !N.
connive. Itched instructed his respectable law agent to ask only for
moderate damages- It was the set of the attorney that the damages
were laid even so high as their present very moderate amount,
2,0001.; but I am confident that you will think that wen WO little,
and regret that the damages are hot higher. and that you cannot
give a more ample reparation to the plaintiff, when rot committer
the artifice and treachery which were used to destroy his peace and
honour. There were two letters of January last. whit h betrayal
the deep deceptions, the cold calculating duplicity of the detenaant.
There !WO lettets were written on the same day ; one to the wife
and the other to the husband. That to the wife contained espial-
alone of ardent attachment, and suggested means foe deeeiving the
husband. • That tar the husband contained an inculpation oldie
defendant's conduct with regard to Mrs. Col, sod also a warm