The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-13 00:00:00

COURT OF KING'S BENCH, Mosair, Jaw.l2.

'Before Me Loran Cater JUSTICE.]
BENNET V. ROCBELL.
Mr. C. Pin LET PS opened the pleadings.
Mr. A tiot.eit us addressed the Jury.
It was an action brow; ht for a malicious charge of felony. The
plaintiff % name has been repeatedly before the public as keeper of
gambling-houses in Pall Mall and its neighbourhood. The defen-
dant was an attorney suspected of having been concerned in the
prosecution ; when he went into the King's Bench he was dragged
to the pump and pumped on ; the plaintiff was alleged to have
assisted when some called out, "That's him! pun him wpb In!!!
him Pip !" and to have been particularly active in keeping hint in
the trough while he was pumped on. 'the defendant proceeded to
Union Hall, and charged the plaintiff upon suspicion of having
robbed hint of his pocket-book, containing six 101. notes. (All the
circumstances were detailed in this paper at the time.)
Robert Staples, Clerk to the Magistrates at I 'nion-liall, proved
the charge having been made, the warrant granted, and the charge
having been afterwards dismissed.
John Butler. clerk to Mr. harmer, stated the circumstances
which came under his observation.
Thomas (lore, turnkey, gave evidence of the pumping, and of
the subsequent charge made against the plaintiff, of having robbed
the defendant of six 101. notes.
Thomas Easton. solicitor to the Marshal, was told by Mr. Rou-
bell, that in the King's Bench, on the 24th of October, he was
forced up to the back of the prison; he immediately missed his
pot ket-book, and that Bennet was the person who took it. Ile bad
known Bennet before. Mr. Roubell wished to have Rennet's mom
searched immediately. I went to the staircase, No. 11, where lien-
net's room was. Ile was cooling down stairs. I told him my bu-
siness, and searched his room, his boxes, his pockets, and every
place I could. I told him what I searched for. Ile himself pro-
duced the keys. I found several notes, none so low as 101.; several
pocket-books, none red morocco. I told Mr. Roubell. and had the
robbery then advertised through the prison, with a reward of 101.
IVan. Hewitt, clerk in the prison, stated, that when the warrant
was brought, Mr. Roubell said, "Now, 31r. Bennet, you will be
locked up in the strong room."
Mr. Allen, the Magistrate, stated the result to have been that
several persons were committed for the assault, and Mr. Bennet WWI
discharged both for the assault and the felony. The notes in his
head ware taken by himself.
The notes were read in evidence with consent of both parties.
John Exudeer had kept the Pulteney Hotel ; was in the King's
Bench on the night of the assault ; heard a scuffle and noise; 3lr.
Bennet was then at the grocer's shop, No. 0, staircase, with several
other persons, and came to where witness was before the noise, and
remained there till the noise was over. Witness and Bennet never
went nearer the pump than No. 8; he was rather clumsy to walk;
he wen- no distance from witness at all ; he could not have taken
part in the pumping.
Croes-examined--Defendant was pumped on twice; I heard them
cry out, " Informer, informer!"
3lr. Staples was re-called, and read the depositions at Union-
t ball, upon which the charge was dismissed.
John Fitzgerald was a prisoner in the Bench on the 24th of
September, when the assault was committed; he saw Mr. Bennet
when the pump was going, twenty or thirty yards off'; AI-. Bennet
appeared to have come from the tap in an opposite quarter from the
pump ; from the beginning to the end of the pumping Mr. Bennet
was not there, on witness% oath; he was ill with the gout; he was
dressed in a black coat.
[This evidence was given to meet a statement of defendant's that
I he wore a blue coat.l
Cross-examined---I never heard that Roubell was coining to the
prison ; I beard the cries, " Pull up, pull up!" but I never heard
the name of 31r. Bennet mentioned.
John Brown was in the King's Bench on the 24th of September.
and in Mr. Fitzgerald's shop saw Mr. Bennet; he remained near
witness the whole of the time, and could not have taken any part in
the transaction; he told me it was some informer against bringing
spirits into the prison.
Cross-examined.-1 keep no shop. I did sell oysters at the be-
ginning of the season. I had no particular acquaintance with Mr.
Bennet. I am not of the sante class. lam a prisoner. I was
waiter in the tap-room. I do nothing particularly since.
Charles Handy, printer, cousin to the defendant, brought the
copy from which he printed the bills, and believed it to be .le-
ferttlant's hand-writing. lie printed about 200, and Mr. Roubell
was to pay for it.
Two bulls were read, setting forth an atrocious outrage end rob-
bery by Richard Bennet and others.
John Smith, clerk to the bankers. Spooner, Attwood, and Co.
proved the payment of a check fur 1001., and the numbers of the
notes given to defendant.
George Perry, clerk in the Bank of England, proved payment
of taste of the notes (for 101.) the first on the 25th of September,
. and the others at different subsequent periods.
Mr. Shuttleworth, collector of taxes in Mary-la-bonne, received
the two notes presented (two of the news above described) from
Mr. Roubell on the 111th of September, in payment of Assessed
Taxes.
Mr. Taylor received that note on the 24th of September, from
Mr. Ebert.
Mr. Ebert paid 100/. worth of notes to the former witness; he
received them from Mr. Jones.

Mr. Jones paid that roe. The erne of Rouhell was &Along,
not witnear's writing. It was on it when witness received it.
This was the case for the pmvecution.
Xt.. SCARLET T then submitted that the plaintiff must be non-
suited.

The LORD CM r.E JUSTICE was of opinion that there must be
I malice proved, and none wan proved.
Mr. DCARLETT. notwiihntanding, addressed the Jury. Ile
contended that the defendant had had probable (muse for every step
he took. Could any man doubt that Rennet sat one of the party
who invited the defendant, by mean* of Jacobs, into the prince
It was not a very unreasonable suspicion that Rennet, having been
prosecuted by Mr. Itouhell as attorney, had been a party to the
outrage, and also that he would not be averse to put his hand in
another tran's pocket.
The Jinni) Corey JI7 sT tc E summed up. Ile thought that
the tualicioun prosecution and the libel deserved very serious con-
sideration. It was his opinion that the plaintiff was entitled to
their verdict on this .cooed point.
Verdict for the defendant on the first charge ; for the plaintiff on
the second.—Manages 101.

COUNTY HALL, WARWICK, SATURDAY, JAN. 10.

[Afore a Sinyiul Jury.]

CARL V. LILLiNG TON.

This was an Sheriffinguii;l;f7irethe tVasseiThs damages against
the defendant, for criminal conv.raation with the plaintiff's wife,
judgment having gone by default. lhiniagea laid at 2.004/1.
Ihe plaintiffis an eminent merchant and factor at Birmingham,
and the defendant his clerk, who has since left the country, and is
now stated to helm America.

Mr. A Dams opened the pleadings.
Mr. RY:AUER, who was brought down specially from London;
stated the plaintiff's case at considerable length. Ile commenced
by observing, that they were assembled to award damages for one
of the most grievous injuries man could receive from man. The
plaintiff, as they had heard from his Learned Friend, who had
opened the pleadings, sought a compensation in damages, as far as
peenniarx damages could be a compensation, against the defendant,
for seducing the affection and defiling the persoa of his wife. The
crime of adultery had, in all ages, been 'held in the greatest ab.
Ihorrencc, as one of the greatest offences against the well-being of
society. By the Divine law, as delivered by Moses, it was puniah•
able with death. The awful sentence was, " The adulterer and
the adulteress shall instantly t : pm to death." The municipal law
of England, in that particular, was, as he must be permitted to
think, defective. It did not make it an offence "to be punished
by the Judges," but gave to the injured husband a civil reparation
only by action for damages ; and enforced no other punishment on
the adulterer than the payment of such damages as a Jury might
award. An excellent Bill had been brought into l'arliament aLw
years ago, and had passed the Lower Ihsuse, to make adultery an
offence punishable by tine and imprisonment. It had, however,
been thrown out in the l'pper House by, as a great man of that day
(the late Lord Ellenborough) most eloquently termed it, a conte.
derated host of titled adulterers. The only compensation, there-
fore, inadequam as it was, a..ich the plaintiff now could have, was
by such damages as they would think tit to give him, for the loss
of his happiness, and the desolation of his fee'.• igs, in finding him-
! self bereaved of the affection of his wife and his tour infant children
during their infancy, and the formation of their minds to virtue
I and religion at a m iturer age, which a virtuous mother could but
afford them. Mr. Reader then stated, that the plaintiff, 31r. Carr,
was a merchant of considerable eminence and unimpeachable re-
f spectability, residing in Birmingham; the defendant was his con-
fidential clerk, at a salary of two hundred pounds • year. 'l'he
plaintiff married his present wife in May, 11116 ; he was at that time
I of the age of 34, and she 19; a disparity, though somewhat grater
than may be wished, yet not such as to preclude the expectation of
complete happiness, especially as it was with the lady's entire and
cordial concurrence, us he was then certainly the object of her exclu-
sive affections. Ile then stated with great times and perspicuity,
the facts, as they afterwards appeared in evidence, and read
the two following extracts of letters, which he said he would after.
wards prove were sent by the defendant to the plaintiff, within one
short month of his seducing the plaintiff's wile to desert her hus-
band and her four children, the eldest of whom was but four years
old, and the youngest not quite twelve months:—
Birmingham, Sept. 1, 1823.
Sir,—While I am writing els, the friends of Mr. l ester are lay.
ing him out, having just departed to that unseen world, where
judgment will be administered with equity. To him this world is
nothing ; and what will it be to us, more particularly to those on
the borders of the grave, who are tyrannizing and oppressing the
innocent without cause, and persecuting to perdition, as though
worthy of death. Let hint that thinketh he standeth (the Scriptures
say), take heed lest he fall. By their works will he judge, and not
by profession. lie searcheth the thoughts and intentions of the
heart. %Ye need be also ready, for in an hour when we look not
our souls may be required. I don't know when I have experienced
so much sorrow. as at this sudden decease of 3lr. Foster. But where
is his soul? Time will tell. I know not how to leave this medita-
tion to descend to earthly considerations, of which my best interests
have been assailed by wicked pr.lessors; but know, that for all
those things Dad will bring them into judgment. I lave done my
duty to all concerned. I have followed peace and pursued it,
Laving a conscience pure; having acted with honesty, purity, in-
tegrity, sincerity, and veracity, I now leave the issue of the affair to
Providence, who knows the end from the beginning, and will im.
part to every one his just desert. I shall my no more on this sub-
ject, being enabled to vint!icate my conduct with innocence and
faithfulness- 1 have just had a note to announce to me, whilst
writing this, that my father has suddenly been taken ill, and danger.
ous. la this the time to continue in discord? How hung will it be
before it is tutuounced to our souls—This day it is required of thee ?
Roping we may be prepared for our departure, when it cometh, I
remain, Sir, your most obedient, W. D. LILLINGTON.
To Mr. Carr.

Birmingham, Sept. 8, 1823.
Respected Sir,—The peculiar and distressing situation I am
placed in, between the two contending parties, is far from proving
an enviable one; but, as I have ever wished and proved myself
desirous of increasing your comforts in every possible manner, and
that it has proved abortive, I have this day had a final and determi-
nate consultation with my friends to decline visiting your house at
all. I have ever been foremost and studious to promote your wel-
fare and peace, and in all cases have been a zealous advocate for
• our good, through opposition, wherever I have seen it. Could I
Lave acted to please you both mutually, I should have been happy,
but as this has not been the case, I must endeavour to please my.
self and friends; therefore hope you will not be displeased with my
conclusion, fur at all times, you will find by experience I shall do
every thing in my power in endeavouring to please. What would
be the world to me if unaccompanied by poite of mind? What
will afford it to me on a dying bed ? I have tak.m a little cold front
getting up. last week, hnving been awakened at three o'clock by
some one in the yard ; there were two thieves on the premises.
got up and awoke Mrs. C. and Betty, and I went down with the
pistol, and the watchman and I examined the premises; and Hunt
and Phillips. I was out about an hour half-dressed. Three times
last week we have been disturbed. Poor Mrs. C.! I really pity
her; knowing her to he surrounded by deserted friends. May the
Lord support her under this heavy and afflicting dispensation. She
has left the room when I have been there in sue violent fits of
grief, and t.one up stairs or in the drawing-roan; and I have
really been afraid to leave her; she needs emaciation; I have
thought of coming over to tell you several times, yet could not do
it conveniently : and sometimes I Lave thought to write, and have
not known what to do for the best. Pray do every thing possible
to restore the healing balm to a bleeding heart; you have only
to tell me what you wish. and I will do it to the best of my judg-
ment. Your letter 1 have just received, and will attend to its
instructions. What should make you or Mrs. Carr unhappy ?
Is not Providence smiling upon your endeavours by hundreds •
year more than ever? fh . yes. Let not the Satanic influences
of mortals advise you from it. I feel obliged by your kind in-
quiries relative to my father, whom I am happy to say is much
Letter. flow a certain female, 3lrs. D., can be so actuated, I
cannot account; and do for my part act in accordance with Mr.
James' instructions. Forgive your enemies—bless those who curse
you : render not evil for evil. I have nothing particular to add,
and assure you I shall decline sleeping at your house henceforth ;
and that we may all be partakers of the blessed inheritance in that
world of bliss and glory, where there will be no more sorrow or
sighing—but all tears will be wiped away, is the sincere wish of
Your meat obedient servant,
Mr. ('arr. W. 11. LILL' lsaiTON.
The learned Counsel commented on these letters in a very forci-
ble manner. 3lr. (:arr (he said) was A pious man, the polity of
his own mind admitted no suspicion that these letters were the mere
effusions of cant and hypocrisy, to cover the defendant's free
designs against his peace and honour. This appeared to him one
of the most atrocious cases that ever wes before a Jury. The da-
mages were laid a 2,0001., and he called upon the Jury to mark
their abhorrence of this defendant's conduct, bound, as he was, to
consult his peace, and protect the honour of his friend, benefactor,
and master, instead of being guilty of the basest violation of every
principle of gratitude and allegiance, by giving exemplary 14-
maws. And he could not help thinking, that the whole of the da-
mages laid would not be more than the plaintiff was well entitled to
demand at their bands.
Mr. HEADER then called Marianne 3labson, who proved the
plaintiff's marriage with .Hiss Duaderdale, in 11116. Plaintiff was
then thirty-four, the lady nineteen.
A certifieate of the marriage of the parties was also put in.
Elizabeth Hall, examined by Mr. AnAlia.—Knew Mrs. Can,'
the wife of the plaintiff, in 181, and 1811.1, and was in habits of in-
timacy with her to Christmas, 1821. Mr. ('are was in the habit of
going frequently on business into the country. Witness used to
sleep with Mra. Carr on those occasions. Mr.: al Mrs. Can lived
very happily together. Ile was a kind and affectionate husband,
and her conduct towards him was affectionate indeed. She was dis-
consolate in his absence, and delighted to see him on his return
front a journey.
Ily Mr. Hor.nexen.—T he age of Mr. Can was forty—fourteen
or hftecn years between him and Mrs. Can. The intimacy be.
tween the witness and 3lrs. Carr terminated when she went to
llockly (a villa belonging to .Mr. Carr, near Birmingham). Mrs.
Carr then neglected her.
Mrs. Mead, examined by Mr. ItranEa.—Knew Mrs. Can ten
yeah before her marriage. She then lived with her uncle and aunt,
who adopted her. Witness saw Mr. Can and his wife live very
happily togetl..cr.
By Mr. (fount aw.—Knew that Llllington, the defendant, was
a clerk of Mr. Carr's, and that he slept at their villa at liockly by
Mr. ('arc's desire, in his absence, for protection.
Mrs. Easam, examined by Mr. Arrests.—Knew Mr. ('an in
1819, 11120, and 1621. Mrs. Care lived with her uncle, Mr. I)un-
derdale, before her marriage. Mr. Carr is about forty.
Mrs. Hannah 1/untlenlale, examined by Mr. READER—WeII
the widow of Mr. John Dundentale, who was uncle to Mrs. Carr.
Iler husband took Mrs. ('an under his protection when she was
but four or five years old. MTS. ('arc's father died, leaving seven
children ; Mr. Dunderdale adopted the youngest and the dies:.

Mrs. Carr was always under their care,. except fora short doss abd
was sent to Nottingham for medical advice. She was always an
affectionate child ; lived with the witness until she married Mr.
Carr ih MIR. Mr. Carr was recommended Off ti:e hitsband d
; their house was always open to receive him. Mrs. CAW mar-
ried entirely with her own consent. Mr. and Tim Can lived in
St. Mary's-row, Birmingham, after their marriage, for two year..
Mr. Carr made a particularly kind and indulgent husband; they
were mutually kind and afgetionate. Two yearn .Per marriage
they went to live at a place called Bodily, near Ilirmiegham. Mr.
Can was frequently absent on journeys fur his business. They
lived happily at Ilorkly. About eighteen months wits, se
obsened that Mrs. Cart did not behave with the proper respect
to her husband. 111 r. lallington way then in the employment
of Mr. Carr, and slept in their house. He slept there six or
nine months before any alteration lit Mrs. Cerr s eot duct wts
perceptible. When Mr. Carr was absent on his journey.,
sane man always slept in the house. A person of the DIMS
of Cartriale. and a Mr. Freshwater, slept there before Mr. Lila
lington. There was nothing in the want of respect from Mrs.
Carr to he • huehand, to ground a suspicion that any thing
improper was goingon. Witness first began to entertain suspi-
cion about Midsummer twelvemonths. When Mr. Lillington was
ill in April, and slept in the hamlet witness firs! began to think
that all was not right. She thought it improper in the absentee of
Mrs. Carr's husband. Witness made a represcreation to M•e.
Carr, but without ane effect. She then wrote to her on the subject,
in consequence of which she received a visit from Mr. Lillington
and Mrs. Carr. Mr. Lillingtoo appeared hart on being charged
that he was seen haneteg en Mrs. Carr's ann. Mr. Lillingron
said, " evil to them that evil think ;" and he spoke of Mrs. Carr's
being a chaste and vinuous woman. lie also 53J.., that any persona
who saw him must observe that he was very weak, and unable be
walk without support. Wittiest said, the world would be reedy
to condemn Mrs. Carr, and she had nobody to tell her when she was
wrong but the witness. When Mr. Carr returned front libt journey
in July, witness gave him a hint. She had then no idea that there
was anything eriminaL Witnesa wrote to Mr. Cart when he Irene
on another journey ; she wrote in August and in Septen her. Hi
did not return till the 211th of September. Mr. Carr appeared to
witness to have a great opinion of his wife, and great conCieece.
Mr. Lillington wad s cotiblential clerk, at Vail. a year. Mr. Lil-
lington was a lemon making a profession of religion. Mr. Carr
I was always a very current man. Mr. Can came to witnesses this
129th of September, in consequence of what then passed. Witness
went with hint to hi, house, where he saw Mrs. Can and Mrs.
Shelton. Mrs. Carr went awsy on the Monday ; alte returned on
the Tuesday morning, and then went away again. Mr. Carr was
desirous that she should remain • she came on the Tuesday to pack
up her clothes, went elf then. and rawer returned.
Cross-examined by Mr. floenterw.—The family at lloc}ly
consisted of two maid-servints and one mina, who ocentionally
worked as a gardener, or at any other job. There were six bed-
moms on a Hun?, and there was it door opening from Mrs. Carr's
room to the room where Lillington slept. Mr. lillington was
about twenty-five. Mrs. Carr had four children; the eldest
I five years and a quarter, and the youngest only twelve mottos.
- - - - •

- -
Susan l'u'nh, examined by Mr. ADAKS.—Was servant to Mrs.
Can from May to Sep erulwr last. Eliza Ward, her fellow.s
rant, slept in the same room with Mrs. Can when her master was
away. Mr. Lillington desired hat on the Sunday Mr. Carr went
away, to say he was not there, though he was. in fact, there twice
that day. When Mrs. Carr was going away, witness begged of her
not tolcsee her 'tense. Mr. Lillingtms and Mrs. Can left the
house together, twenty minutes past eight. Mr. Can returned at
nine, after they were gone.

Mrs. Shelton, a lidy living at Dirminglism, deposed that Mrs.
Carr came to her house when she left her husband. Mr. Lilting.
ton called on her dine. Mrs. Carr sent for her clothes to her h.ut-
band, and they were sent to her hv one of his packers.
Mr. Benjamin illackmore, of Chapel.street„ Bedford-row, Lon-
don, examined by Mr. Ansus—Knew Mrs. Carr, who came to his
house on the Ist of October last. She mine to consult his sort
professionally. who was not then at home. Mrs. Carr stayed at his
house two nights. Witness then took lodgings for Mrs. ('arr, at
No. 17, Henry-street, Pentnnvi!le. She removed there. Witness
saw her on the Sundry morning following, walking, after church
time, with Mr. Lillington, anti in arm. She asked if there was
any news from ilirminghani ; witness said not. Witness called
on Monday at Mrs. Carr's. She said she wished to remove from
the lodgings, as Mr. Lillington had an uncle in Charlotte-street,
Blackfriars -toad. with whom be wished to put her. Mrs. Care
said it was exceedingly dull in Pentonville. and that it would be
better to go. Mr. Lillington and Mrs. Carr called on witness to
ask him to speak to the landlord of the lodgings in Henry-street
about the rent ; witness went t 3 the landlord, and in consequence
of what he then heard, he spoke to Mr. ',Willow' and told
him it was extremely improper in him to sleep under the sante
roof with Mrs. Core, lied the witness expected such corduet,
he would not have taken lodgings J.ii.ington's answer was, the
accusation was iinpossible, as he and Mrs. Can passed as brother
and sister.

Cross-examined by Mr. GOI.HURN—Mrs. Carr asked witness
to address a letter to -Mr. Lillingma, because a man's writing was
mots narked than a lady's. Hz hail no objection to address this
letter to liillington, because he had seen him before. He addmused
it at the time without any knowledge of its contents.
Mr. John Bunting, proprietor of 17, Henry-street, Pentootrals,
confirmed the account that Mrs. t'arr took the lodgings at his
house. A person who called himself her brother called on her.
Witness walked in the garden at the time; saw Mrs. Carr's bed-
room window up, and the curtain drawn up, but as he came froth
the bottom of the garden he observed that the window was let
down and the curtain drawn close. Mrs. Carr left his house on
the Tuesday following. Mr. Lillington paid the rent as if for his
sister.

Rachel Lip tell, examined by Mr. Anams.—Was servant to Mr.
Bunting, at No. 17. Henry-street, PentuaviUe. Remembered Mrs.
Can coining to the lodgings. Mr. Lillington came on the Sunday
morning following. %l knees took his name to 111 n. Carr, who de.
sired Mr. Lillington to walk up. ‘lnt. Can came to the drawing.
mum door to receive him. She said " How do you do, William ?"
She called him William. They then went into the room together.,
Mrs. Carr desired witness to make up the bed in her roam adjoni.
ing the drawing.room. Witness did so. Shortly after, Mr. 14,..
lington called fur a boot jack. Witness made up the bed, and
put it in order for the day. Witness went soon after into tbs
drawing-moon, to put coals on the tire. There was no one in lbw
drawing-room. though Mrs. Carr and Mr. Lillington were then'.
short time before. Mrs. Carr's bed-room adjoinea the drawing.
room. In a quarter of an hour. when she next came up, they re-
turned to the drawing room. Mex. Carr first came out of the bed-
room in the same dress, and Mr. Lillington in three minutes after,
Witness went into the bed-rain in a quarter of an hour after, and
observed the bed was tumbled. She knew two people had lain
there. She made the bed again. Witness went into the drawing-
room soon after, and saw Mrs. Carr sitting with her arm round Mr.
Lillington's neck. She saw them at another time ;he was sitting
on a chair opposite to MN. Carr, a ith his legs on her lap. Mrs.
Can asked if a bed could be had in the house for her brother. Hs
slept there two nights.
This witness was not cross-examined, but was recalled to prays
the identity of Mr. Lillington as the person who slept there.
Mr. Benjamin Walt n wrs present when Mr. Carr asked Mr
Lillington where he Pad been since he went off his journey ? Mr.
Lillington made no reply. Mr. Carr then asked hint in a warmer
manner. Mr. Lillington said, to London, as he had been sent ter.
Mr. Carr gut up in a great passion, and thrust Lillington out of die
room.

Mr. Robert Riackmnre, 7, Chapel street, BedfordTOlV, London,
solicitor to the pldintiff, deposed, Oat the person pointed out hy
him at Bromsgrove, in Worcaterahire, to witness Rachel Lippd4
was the defendant.

On his cross-examination by Mr. Ilounevcm, he stated, that
when Mr. Carr arrived at his house in London, he was at Binning-
ham ; that lie had frequent cum ersations there with Mr. Carr re-
specting his wife's absence, and as nothing criminal had then been
disantercil, witness endeavoured all in his power to effect a Neon.
ciliation between Mr. and Mrs. 'err ; and when he left firming.
ban Mr. Carr told him, that if 3lra. Carr was convinced of her
error, and would drop the acquaintance with the defendant, he
would take her back, and endeavour to make her happy.
Mr. Joseph Thornton d !posed, that the defendant told him
that he was left a legacy of NMI, which, with money in the
funds, and his salary of M I. a-) eat, gave hint an income of UM
a-year.
The letters ware then read and put in in eviienee, and the east
fur the plaintiff closed,
Mr. Ilnaustreo, for the defendant, then rose and said, it wag
his duty to address some observations to the Gentlemen of the
Jury on behalf of the defendant, which he would condense as fair
as the nature of the case and the opening statement of the Learned
Counsel for the plaintiff would admit. His Learned Friend bad
commenced his speech by commenting on the law of Moses sod
the penalties inflicted by the old law on the adulterer. Bat the
Jury must be aware that adultery. however heinous it might ha,
was not in this country a criminal offence; it was, according to the
law, a civil offence, and there was no power to punish criminally
for it in a Judge, much less in the jurisdiction of a Jury. The
duty they had to discharge was to say what compensation the
plaintiff should receive hi the present case. They should recollect
that the husband was forty, and die wife not more than twenty-six
year. of age, and that the defendant was but twenty-four. This
disparity of rars was a strong feature at the outset of the
ease; it was impossible there could be a full congeniality of dispo-
sition between a man of forty and a wife of twenty-six. Ile was
aware that there were many Instances of greater disparity offering
themselves in every day's experience in society ; but the present,
though not an extreme case, was worth attention on that ground.
From the time of Mr. t'are's marriage, he and his wife—the unfor-
tunate lady whom guilt was that day the cease of their inquiry—
liveth—no, not lied, but continued as man and wife until .Septews.
bee last; for, in fact, he was absent from home more than half
that time. Six weeks in each quarter he was on his commercial
journeys, extending, his connexion, accumu!ating wealth, sod se-
glecning what should be dearer to hint than pelf—his wife. His
Learned Friend, in his opening, had aggravated the injury, by
saying that Mrs. l'arr was a beautiful and accomplished woman
but the .lury had the opportanity of hearing. front the mouth of a
pretty girl, who was therefore a good judge of beauty, that Mrs.
Carr was very plain indeed. That ground must Matinee be abet".
Boned. The husband neglected not only proper attention to hot
wife, but neglected to take notice of her conduct when she gave
hint such reasonable came of suspicion—not grounds of suspicion
to justify his turning her out of doors, but en call for a watchful
attention over her conduct. Ile was strangely negligent indeed.
In July last lie was written to by Mr.. Dunderdale; in :twist
and September he was written to by the sante person ; but his takes
no notice; and when did he come twine? not till the very lest day,
the day on which his wife went away. Was that the proper nor.
duct of a husband watchful of his own honour and his wife's
t fame Did his business require all this absence? Were them
not traveller to collect oreerm for him ? Or Jr hr found it neces-
sary to takes journey to keep his connexion together, there was no
rcasonahls pretence to keep him awry from his family half the
year. There was great reliance placed on their domestic felicity,

*real evidence wee given to prove it? The seevants were
p.m sailed, who had the best opportunities of observing them in
itira domestic relarienes Strangers and visitors only were called,
; the Jury must be alert the little value of such ceisteeee.
;.:i matter what biekaingsprevail in a (Senility ; when strangers ap-
pear the husband and the wife dress their laces in snider, and
area to a truce to their hostilities for the moment. The plaintiff
was act noly neglectful to his wife, but deficient in the common
ex.end becoming M a husband and the lather of a family. lie
(Itr. Ilolbetch) wan far from advocating tyranny over women;
hz
agreed with the old bong—
" I.mell our wives be unconfin'd,
And clap the padlock on their mind."
lrfsees IRAs emeng point in this case, that the husband made no
Viii:Xlioll to the wife going away. Ile did not, it was true, turn
r reit of doors, but he sulfieed lien departere from Birmingthun
to Louden, when for the first time her crime and the defendant's
tippsa. If the plaintiff had not permitted her to leave his house,
she Jere would be spared their unpleasant duty on that day, and
the mite would have been saved from that guilt, which could not
thro by denied, as the defendant hail suffered judgment to go by
' it should be observed, that up to that time there writ no
evresence sheeting the defendant or Mrs. Carr, w that the charge of
hypecrail was done away with altogether. There was too much
"camel to believe that this case was similar to all others, since the
slays of ?mintier's wife, when there was a disparity of age, and in
the condition of the parties. The defendant was not, as the clerk
or the servant of the plaintiff, likcly to aspire to the favour of his
mimes. without encouragement. In most cases similar the wife
was the seducer. He was fax from saying so with a view of wound-
ing tor lieeraterl feelings of the unhappy lady in question. The
letters were read as evidence of his hypocrisy ; but it would appear
that they were inspired by a true sense of religion in his bosom,
and 22 proof of the struggle which agitated his mind, until he fond
that Mrs. Carr had absented bench from her family, and had
written the him. It was not in man to resist any longer; human
it stare was weak, and the evil mixed up in its composition insist at
ti :ins preponderate. The Jury must feel as men, and make anow-
Lys: the the temptations of the defendant. Three could be but occ
abject in the present case, if heavy damages were sought. 'I he de-
ft 41:1,1: was now in .tinerime, and if vindictive damages were I
awarded, he would be an exile from his native country for life.
T'm Jury would not fail to observe, that there was no evidence of
ad4hery previous to the Ist of October. The defendant's property
was spo!mi of) but eothieg satisfactory in the way of evilence_wns
produced. 1% hen his Learned Friend spoke at fl,lloo/. damages,
fie imppared there was a mistake of a figure, and that WI. or one.
tents tree of that sum, would be sufficient. The Jury would here
se.: a husband aged forty, and a with ten years younger—they
wopnl see him negligent- even in common prudence, and they
rapid act by Mm as the law contemplated, in the axiom that the
Jaw was established for those who seamed, and not for those who slept.
The Ustnce Sur:nary then eddreascd the Jury, sad said, as
r`ic defendant's I ',wrist' did not call any evidence, it was his duty
to Inform them, that this was an action brought by Mr. John Carr
against 11.. Wm. Davy Lillington, for criminal conversation with
the plaintiff's wife, and as the defender.' had let judgmentggaa by
default, they were called upon to mimes damages fur the injney
done to the plaintiff. He would merely rerapitulate the evide-ce,
and abstain from all comments either on one side or the other. The
worthy Sheriff then went over all the evidence, and the Jury re-
tired for half an hour, and then returned into Court with a verdict
for the plaiutiff. Damages —Eight hundred pounds, and cons.

POLICE.

BOW.STR El: T.

- - -
A Taal- as 'rut: DET:CE.—A case erme on yesterday at this
office, which more than owe put the risible muscles of the audience
into action, and nearly discomposed the verity of tile Magistrates
thcniselrea.
A respectable-looking young man, who gave his name .lO'm
Minya, in the employ of Messrs. France and Co. of
was brought up for re-examination un a charge of assault, the
prosecutor having failed to appear on Saturday. This injured
character was a Mr. John Cook, a butcher (and probably a desceud.
ant of the great citcumnavigator of that name), who having made,
on Friday aliernoon, a very successful cruise among the Archir-
Ingo of islets, of which " Porridge Island" ,s the chief, was return-
ing home to the neighbourhood of Tothillfields, with a cargo. con-
sisting. according to the invoice, of foar sheep,' heads, plucks,
mustard, candles, and pepper, haying in exchange disposed of " his
loose tat" (Mr. Cook was as thin as a vouch to a llr. Marshall, a
tallow-chandler, in High llolbern. He had accomplished one-half
of his voyage homeward in safety, and had reached the dead wall
near the Admiralty, when Mr. Holmes, who rood like a rock
a-head, interfered, and made shipwreck of his venture. So great
was the concussion, that Mr. Cook flew one way and his tray
another, while the whole of his precious lading was plunged "full
fathom five" in the "Tasty deep" of Whitehall gutter, and his
argoric itself (the tray) split from sown to stern. Mr. Cook, for •
mutant,
" Solemnly sad suryey'd the silent scene,
Sublime in ruin, and diadain'd to weep."

Then turning towards the breukrt., exposed his opinion that he
" was more of a blackguard than a gentleman." Ale. Holmes, in
reply. threatened to superadd the fracture of his head to that of his
tray ; upon which,
" No more remained but this,
Away, at came,"
with Mr. Holmes to the watch-house.
In reply, the detendent declared in substance, that he was
merely standing in conversation with a frier.d, Whelk Mr. Cook's
tray catch's.' his shoulder," and its subversion was the natural
consequence; the plaintiff had then " sheved fight," and taking
off his blue apron, placed himself in a milling attitude; but de-
fendant, although a very portly personage, and looking as if he
could have eaten his antagonist, sheep's heads and all, recollecting,
in all probability, the old adage—" (leaven sends meat, but the
devil sends Cowks"—and unwilling to encounter one of the " Sa-
tanic school," declined the combat. He added, that Mr. C. wu
vnqiigrienvititiaye eraedrttentinbeydlali utmost:,
the
eucch so, indeed, that the
inuendo was rebut tzl by a friend of the plaintiff's, who
&elated be had been in coo ray with hint all the evening, and
that they bad o^ly taken four pints of half-and-half.
SIT RICIIARD Brame observed, that the prosecutor had sworn
positively, that the overturn of the tray was lint the effect of acci-
dent, and asked the value of it, which was stated to be halfa-
crown, second-hand price, having originally cost is. faL, seven
years ago, to say nothing of the bill of lading.
As the case was rested, 'gee defendant was ordered to find bail
to answer for the asnauit at the sessions, his Worship at the same
time intimating his opinion. that the matter had touch better be
,vttled ont of doois, which recommendation was, we understand.
finally adopted, the transfer of half a sovereign arranging matters
to the satisfaction of both panics.