The National Register.
London, England, 1818-12-14 00:00:00

I

LA ir INTELLIGENCE.

COURT OF COMNION PLEAS, Turaosiv.Vac.
Rzrore the Chief Jastiee and • SpecialJgry.

CRI3I. CON.
CLITInIinOW V. PETERS.
Chitty opened the cave.
SPI !Mit Vaughan.— The jury would perceive from.
I!,e opening of his Learned Friend, that he iota painful duty,
i:epossesl neon him. lie appeared 'before then at thu part of
OM unfortunate mass, a mau robbed of the •socidy and
anlare of a wife tenderly beloved atill tenderly attached.—
(•ases of tisii'dexcriptinat were, as they well knew, infinite!)
it. s emitied. There were more ingredients of aggravation ha.
• t!:c. I resent than in any ease he remembered. That relieved
1/1): ft,nt the necessity of pressing the ease upon their at-
teetlw. They, as husbands, and as fathers, would feel the,
cent l s:esti fiction of domestie happiness winch the evidence
ntosi!,l Aiselove—a 'dextrescllon effected by hypocrisy, and
under the rssavk and cloak of friendship. '('lie plaintiff was
C:l;)tAin in the 311 regiment of Guards; and ranked as Lira.,
tenant Colonel wt the arms-. Since 180 U he hail been abroad'
in the service of his country. He war descended of alln
ancient and isonuorattle family. In 'lBO9 hr married Mies
Horton. wsmwas daughter of Oeneral Burtuit.fo whose he hid.
been Aide•tle.rnmp. He had been for years previously nr4
coairft,2 with'the refine Indy ; his add were regarded•
by both ti;er families with equal satisfaction They muerte*
in the 'nine of the year, she being 23 years of age, he 28.:
—soon atlerwartiv,lie went to Waleheren. Next year he
went to Spain. He was severely wounded at Fnentes44'Hotto.,
res, and lie in consequence cause home to the tender al.'
tensions of his wife. He wassighin.wounded-at Burgos, and
*V42'` w^eratenderly received by Isis wife, to whom he was'
•ohligeqin return. He weld again to Spain in 1815, as oar,
army was advancing towards France ; as soon as peace Fen,
Mitred it Safe for his wife to go abroad she -went to him. 'Floe)
both west to the South of France, and remained Tours for
some time: there they first b,ecasne acquainted with the de:
4enciant.Wilo was else eldest son of 314. Peters, the banker...
The 'defendant...a cireurnstance whirls aggravated leiseeitues—
'had himself bees married, and had lost his wife in 1814. He
.went abroad to dissipate the dejectims and melancholy ma-
occuptioned by such a less. In February, 18IG, he was
ixotreithek tolhe plaintiff and his wife there he eras received
si might be - mars of Colonel OW ,'•

exieeted• from a
Monereets feelings, Anil every Attention was paid to 1 ' . On
tthisetentmeneetuunt of acquaintance. the Loomed Sergeant
tweak, fasten,swid maintain that it left the defendant'a con-
•shiet afterwards without et cute and without palistioo. The
7plaintitY mail one sun, am •oaly child, then 7 years old. The
Ironies met frerptentivin France, at • Marseilles, at Toulon,
viand other placer; 'their views of travelling were tbe same,
• although they did not. travel together. Oa the 25th of July
'they inet•at Geneva, .asid throes! they travelled in company.
'Every proper care and premodern woe, during this time,
'observed on the pert of the plaintiff. If, as might sometime.
'happen, Colonel Clitherow travelled on the ont.ide of the
coeds, nothing criminal eras to heauvrehensied, when a boy
.cf 7 years of age was with his mother .within the roach.—
%When they arrived at 'Dover, Mt. Peters was invited and
...went to Colo/yet Clitherew's mother's house. In May, 1817,
rectionel edllterow returned to disty•at Bexhill barrack., Mr.
:Peter., after this time, never visited under Isis own name. So
Nate, however,.as the iath of December,. he partook of the
rplaintiff's hospitality, and mast Active gone to Worthiug to
'dine with him, for the very preppie of planning this elope-
Anent. Bist-ou the Bth, 6th, and 7th of 'July previously, it
ouould be proved, that a criminal connexiodeted taken place.
the'Sthohe very day when Col. Clitherow was called oil
*military slaty-front Bexhill to London; oenotte evening of
tititt. 'day Mc. Peters called, and asked if Colonel Clitherow
.was at home; r then Mrs. Clitherow ; and desired the servant
'to tellkor dart there was a gentleman with a letter from Mr.
IPeters, and -.wished to deliver it in person. • Pie came to
;Hechilloit'onexpeeted. He-left to the juicy to. judge what
•usast have hem an absence of warmth and love. 'they (the
'cry) nowt take these eircomstances into their eocsideration.•
he defendant and Mrs. Clithorow were now living together
in Prance. Thar this men alunid, while hypocritically pre.
'tending the warmest friendship for Colonel Clialtemw, tree-
miterously inftlennine and destroy all his domestic happiness,
'Ms an offence Of the almost aggravation. Was there deeper
.responUbility or •deeper crinvelhan the defendant's His
ideality war fully established by. a large mole on his cheek,
.s large as a alapeuce. The elopement took place in De-
-cernber Issepter. Why was not this action brostaltueomorf.
Mb'a cause was tlw absences( the'defendant, and the maul if ,
‘prosy arappcsefor him. It was necessary, to fact, to ad*
:proceedings for nertlowhig him. This was themoly oaaractf.
• delay. He would now leave therms* to tbailislied Imes thins
:to judge ti'''the evidence, whether there was rest-want,
aggravation. Coioaol altbetrow was attacked in*, only
wart in way volnerable;while he wawabsest in the
.wavier eflWeenntry. He was• thus attacked by ono lobo
bold beau hitiodueed to bins as in melancholy- spirits from *c-
logs• of a wife, and oho accotdingly received the Mode*
• trealitien.lions Driloind Clitherow. 'This
_personis found sip-
pi 410 Wit lead virtue of Ilse plaintiff's wiftrWitose
evrlry permits is Weep, When the mods of this criminoi.agi
tacbiwent were -sownelid notapposse WA.- pa•bobly sa,glpe
°patient. The strfeadaot NUM from, kin own experiencet
-'itayinAtnown doe •valtte .of the affections of an amiable wife!
andwasthereforemwace.of the enormity of his crime. The-
pharitiii; too, moat isivolett and appreciated the vane of au
affectionate wife. from histenderconsiderationof the situation
•(I the defendant at his 'first iotrednetion. He would not say
•one word of the amount of damages. Damages con's, be no
oomponsation, no reparatioo of the injory. But every mins;
especially every military man, absentin the service of
hie country, was entitled sto proteetion front the wanton mad
rodfrelinver lacks of anaMiteree. *s moral tun, as hu%bandar
arfathers; the case mast cease home to their bosoms and feel,
infs. Hie -.crook! throw down his glove, and diadem:, his
'Learned Friend to prove one uncle act implying the leaf*
• were" on the part of the plaintiff daring the lo years he was
married. A. far as deluges could 'misty the case, they.
• would give Amuses.
Allen was then sailed by Mr:43ergeant Pell, tvh
proved the marriage of Colonel Ciitherew sod Sarah Bor.i
ton, at St. Ceorgtes, Heatever-square, co' the (14th of Felt.
. rusty, lOW.
Miss Sophia Clitheems, sisterso the plaintiff,. reraemberesi
the•roarrisgr, and was present--at it; her Wolter and Mrs.
Clitherow went immodiately afterwards to 'Fotibridge•welis ;
she• had seen Mrs. G)titherow •twice before, her marriage ;
her brother had been for many poor. sorpgainta.dmitir her ;
she was daughter of General Burton.
Chief' Justice.— ls th.it thu Generic Borten. that wasSieno.
'her of Parliament for.deverley, in Y*rkshise?

,TTOKSL

lISTEn

Mr. Settee:it Vanglian.-11 is, my Lord.
Tlie•witiersepticceelled. Her brother went-soon afterwards
toldlalcheree and then to Spain, where he was twice wound.'
ed. Front It:lb9 to ISIG she had often swelter brother clad
his wWe at het'' mother•it house, both la town entl ronnrry ;
they appeared to her to be perfectly happy. One time
when • he went Area, she was lett at witness's twitters
in Hertfordebire ; they bed had but one child, a boy, now
nine years old ; she had seen the defendantseverel limes din
log-at her mother's house g whites.; Isecatose.6mt acquainted
with 4dm in the latter euil of Ibld; it was when Colonel Cli•
thews". cud his wife had retained Irons the continent;
'disiteil with her hruther at their house in Wimpole street; her
brother lived with them then sonic months ; her mother was
WO at all preViAllAiy acquainted with biro s Isis introduction to
their itonse was entirely ihrongh the plaintiff; •she .11w cite
defendant last when he timed at their house .atil'orilkima. in
December last year ; in clay preceding her brother had left
lowa. Mrs. Clithcrow came to them at Worthing, frosts lies.
hill, on the 19th of Noventher; she reterned,some time after.
wards to Bexhill. The last time she saw the deletidant Wit
about ten days before the 234 a December, the city of elope-
ment; the ;dahliaf was at Worthing then. Neileinz could
appear kinder that' her brother's conduct toward. Mra. Ch-
ilterns, ; there was soothing to snake witness suppose there was
any alteration of affection on either aide.
Jolt's Pane, Esq., N.P. tor flaford:ltire., was aeg 'mimed with
the plaintiff a great many years, wed,ever since his wet riuze.
He anti his wife had heed with him for flicee mouths is :sit,
•hi Oxfordshire. He Matteist turns one of the hapeit--t cost.
pies he had ever seen. 'f hey were with him in 1812, after the
plaintiff's setnrn frosts abroaii. He had no reason ro chaster
his opinion of Colonel Clittutrow; h atilt d, th it Mrs. Lit-
therow behaved with the greatest correctness mobile uit!!
them. He knew the plaintiff, as vsou as he had gone into
• the army. He could not recollect when that was, but it must
heave been before the plaintiff went lulu Egypt.
George Robert Semi; was on the Continent in the early
part of 1816. He hail been previenely acynainted wills the
defendsea; who came then to see him at Tones. He had be-
times-repainted with the platetiffsmal his wife in the latter
end of1(313. They were at 'focus then. Witness lied pro-
bably introduced Colonel Elithernw to • the defendant, at
wititt ss's house, but he did not recollect well. lie came off
for England three days after the defendant hail arrived at
'toms. Mrs. Peters died io London iso lannary 1816. They
had been two years married ; they had tin family. The de-
fendant had intended to' vitae abroad with his wife to see
witness and his -family. When she died Mr. Peters came,
and was lunch disappointed at the Redden departure of wit-
ness, who recommended Isisn to the particularattention of his
wife and her brother. When witness retstratedfroso England
the parties were gone off to the-south.
Sarah Webb, a f irl of 14, daughter dr Seroant Webb, in
the 3d regiment of Guards. lived in Colonel Clitherow's fa-
mily, in July last, at Bexhill. Colonel Clitherow •was fixed
there its barracks. She attended on Mrs. Clitherow. Colonel
Clitherow left Bexhill to come to London on the sth of July,
to attend his duty as a military officer. On the 41h, her mite,
tress had ordered her to get shrimps and lobsters for the sth,
hot to toeing her no Sliena4e on that day till her master was
gone. Ott the Stle she told her to go to different places, and
to get all the flowers she conid to make the bed room very
neat and clean, and to put clean linen on the bed. She or.
dered her not task in the bedroom to do her work, as usual,
I but•tego-dowo stairs. She desiretther net to go into the bed-
room after she had made it iip. WHO's had, however, for-
gotten bar thimble in the room, and went In Tar it. She limed
the things differently laid 'from the way she left them. The •
night clothes had 'all been put up is is silk bag. She was net
in the 'chase, and law no one-some at eight. On the morning of
the Otis, a gehtleenan came, . whoinehe had never seen berme.
He Istria piece of black sticking plaster oisAis Tare. It was
between nine and ten In the morning. She saw him on that
' day, about half past four, sitting in the parlour. That was
Sunday. She did not know hew late he remained. She SAW
him again no Monday. The same person came afterwards,
in November. She knew him ht the black spot. Her mas-
ter was then on duty "at Windsor. She met the gentleman
coming in at the ptrlour door. It was about half past four.
She coulduot tell the day of the month. She thought theanirk
was on his left side.
Jane Leek, ate canknialid,niaswith Colonel Clithrrow be-
fore July last. Her mistress told bee on the 4th of July that.
she most be pardstelar in having every thing necessary for
dinner on the 4th, mad not trouble her after the company
should tome. A time piece that was In 'the parlour was
removed that she might see it easily. It wes'kuown in the
family that Catione4 Ciltherow was to he front home on titer-
31h. After lie was gone her mistress repeated her former
directions. She had not seen laas.aftiewardi that day. The
diooer was not seroodhp. -Wiliam' went In bed abort II ;.
heir mistress was then up, and she heard the voice of a gentle.
man, then lit coaversation witither.-She 'hall heard the voices
and a contersittlen -abaft Malt-peat It, from the wham,-
She bad so bneineeeslet the bed resseseaud Wool been there.
The perkier had a communisation celibate hat) inheate,wkilsout
coming to Abe stairs- fitle-ires op .at dialf-paitt wren next
- morning. She saw no gentleman Its the beam She knew one
came nest morning, bet she slid not Desalts.
Jimeohleflair was be the week, of the plaint* in July last,
as his footman• • gentleman came at night, on the bth,
between ninemnd ten. Witnessopened the door for him, and
observed his person. He asked if Coionel Qitheroce was at
home, and was told he was not. He that-asked for Mrs.
Clithr row,assol desired witness to. tell her that a getuktuan
called with a New for bee, from Mr. Peters, and .wished to
deliver it himself Mrs.Clitherew desired witness to show
hint in. As wilhese eras sbastling the parlour door he heard
her say, "Bit down. my clearyl hope you have had apleasant
journey ; I hope yen have ncrt,catched cold." He went out
of the room, and heard no more. He went to bed at IV in
another part of the loom fromthe pineal dour. He lett him
in the parlour then. :Heheard them conversing.
Goinquiry frees .ThetCoart, it was here admitted by loath
parties, that the defendant had bees at the time in (location
23 years of age; Mrs. Clitherow, 32.
The wifeless went on. The gentleman could have got out
without his knowledge. He came next tolerating at breakfast
about ten, and stopped till one or two. He went then to dress
for dinner, •and remained afterwards till two next mor aa iaa g.
He knew the lest circumstance. Avenues a• sit from the
Bell Ina had come for him at nine, as they were earplug to
bed. Mrs., Clitherow was qulte•litaried; and said. he was
gone, or would go directly. *llia servant returned to the
Bell. Witstest went to bed at twelve, and he was there then.
Next night-be met them walking late oar the parade, and they
turned hastily another way; fluty were.hras Swami.
Cross-Outlined by Mr. Sergrapt.Copley. —He said, that his
master ?maimed on the Thursday afterwards. ,He Aid not
tanatiolt those things. to Idamaaater till Hrs. Olitherow..weat

DEC. n.

away with the gsmtleman. He owernioned them either at the
end of January, or beginning of February. He bad step tr
suspicions that ell wins not am sight as it should tar. Hr had
been in dm service for trite or 'len menthe; he was in the
plaintiff's regiment.
To the eurtet.-,—ilite public hoer, was two or three icon-
' dred yard. off. .. .
Chief Justice.—l Ash espett -some winless from the puliiii;
house.
Mr. Sergeant Vanghate—We are inquiring as to tliit,r4
Lord.
William'Priteiturdeneeeesiedithe former witness its o,stober
He remembered the phhiatilr roing.to Windsor allsout the 141 i
or 13111 of '.'geventher. A gentleman came to his enattel'i yi
dined there nu that slay ; he had a silk plaster on the left
.ids of his cheek. Wiliness went to bed at hall' paseeltettea4;
Ho thought the gentleman was this in the house. His nitres;
left IStchill filially about the 21st of December, eliciel Raven
in the morning. The child was then at schen! In I.4tiskio;
She left in a poet chaise, and told witness to get eeeeriliipW
rraely,she would be back in a few slays. 'Ahont Asignsf wit-.
nest went Ilk France in puresiit of Aleut', Miff femliti then! at
Forges, in a private house. Hr SCIPI sure it Was tflp' iliatite iier•
son that hail bean berme withtia nefslitieis. - He knetiviltatklai
his. complexty% Medi ilie mark .apea: 'Mt elfie.k. ' Thie *etc
both together. Ste went bythe iihishe'ef Mti. rcitiiit; trio
was woot rather loosely asserted.) Alt. llintansai4 'ifitritieltle
witness, awl presented papers witioh'iw. tl, litity 5.4
was ill 100 10114 they wire. He pew Mt tie tit: .14 1 ~1-)ri...
Prins said I hf.e had keen there wile-slit* -Wee ii.,(t4 ',
eir, 'II psoli, as clerk In ieuetors" Commons, atifgiqi
i
the Arches' Cu,,.', sawwlie deleuilanfon'fbe *llli f Intro
Forges. He railed sit their late Mid Sabi. he Midi-410a fp"'
II
there were gentlemen there who wanted him ani.'irgepAh ii: 4
ties.. Wiliii.%s Mille MITI ArtillAilllill Wills (11.14 Oklitc .ilii
lie an pointed noct dry .f.ol* !Milli!: illelli:
Me'.
iriit ?jig
chard neon next day *to their homey; ah: rift ilf, tee NI
stairs to prepare the tarty for the visit; Vika not Cairn leg
her by any name. Witness asked, Mahe *Ai ari.Vitiol'ivii.:
ti
Site answered, " Yee." .
Cross-examined.—There was no disinelination to give him
' every information, or to show Mn. Oil firrow. He aikeill'ijoi,
route they had taken, and foetid Mr: Peters quite comen,T.
Meatier. ;It W.V. Mrs. Clitherow who signed fier name, ati'tie
desire, login mitalliwity for one to act as her 'irony. He herr
lohl her tlsat Soma' petsmi enlist •appear for her in the Ecclesi-
astical Court. There is tan judgment yet.
Messrs. H. and W. Jackson proveci the'preeeedings 1(0
outlawry. They had proceeded to call hint five times. Thea
closed the plaintitPs case.
Mr. Sergeant Lens.—lf it tiepearled on his own feelings:
he should nut address one word to them on this ease : LW;
Iris duty required that he should offer a Ice/ remarks. Wheat
they had how the evidence before them, and when they coo
suited their own observation of the strength of !minim per,
*ion, and the frailty of human virtue, they would 'at mace be
of opinion that this ease could not be exempted from cum-
won eases. All that had been said of her vulnerable end
aingaarsieti state, when the plaintiff was on the Content/no,
had been pressed into the service; for it was net tin 1816,
cad on the Continent, that the defendant became amp/Anneal
wills them. The case -bed nothing to do with. militaiy
service. The plaintiff came to -London on military business -.
kir one day, jn.t as other gentlemen ea:n*4m lousiness. How
this attachment grew from accidental acqoauatence to 0
criminal intimacy was left la blank. No inch atteaThowsithis
Learned Brother bad alluded to h#d been proved: suite
without casting any impaitarlou upon the plaintilf', he,ititatt,
say, that they had no evidence whether this attachOseitt.,lllll4
encouraged by the negligence and inadvertence, or tebefiflir
not by the connivance of the plaintiff. The defendant', keg..
of his own wife hail been mentioned, although it forme44*,-
part of the case. He addressed himself to their terlin ..
and anderstandings, and asked diem whether the !shwa! ;
ments of female charms would not -in such a state of min
produce deeper impressions. That at least deserved psl.
lc
consideration, if they gave weight in either way to site cis..
cussishoice. He neat remarked, with great ability; on the
nature of the evidence and the disparity of their ages. The
defendant had fallen a victim to artifices; he had sinued as
others had done before,

• '
" Against his beast Imowlikige ; not convince!,
" .Bot fa,* *venom/ with female charms."
It was a great Irtjety ; bnt at to how it originated, ar hoer •It
was perpetrated, they were left in the dark. Whether this
were viewed as a case of public justice or of,private justice,
they weettfleel It to be nut a case of aggravation, het W coon-
thillifillteltv and regret that a young man should have fano*
lal6-atiteh a snare.
The 'Chief Justice recapitulated an the evidence; lie
reasnred the neglect of proof of the adultery in the plaiwirs
of Waste : attachments might Le proved, iniproper familiari-
Ike night take place, end yet ail stop short, far short, of a
ednelaal intercourse. The Counsel. for the defendant, Mr.
Sergeant Lens, with that wisdom which never faded him in
ally ease, had nut pressed this point, because' the elopement
supplied I/tilt/elect in the plaintiff's ease. There ought at
least to have been proof that they lived together as man and
wife in Prance. This was, however, a case or art unfavder-
able eempleaion. if the defendant lilts sinned as where
stoned before, he must suffer as others have start ed before.
He was kindly tented by the plaintiff /a Itte laturiirtiAnetioth,
and he dared to 'wall himself' of his absence on duty to
deprive him of the wife of his youth and the nue Ite'r of kis
child. The difference of age was the only alleviatioft: That .
the wife was taken away in the absence of her husband WlOOll
great aggravation. He could not hear llos ca.e eallettasliglst
one. No proof of fortune had been offered ; tio4y were there-
fore left entirely to their discretion as to damages. lihay
knew the rank of the parties.
The Jury in a few !Mantes found'a verdict for the plaintiff
—Damages 3,0001.
The Court was very crowded, and Cie case oeesitid le es..
cite great itkerest.

/

COURT OF KING'S BENCH, TiwaseeY.vDte.`l6:s
CHAMBERS Y. MILES—(ACTION BY ADMINISTRATRIX ON SE-
VERAL BILLS OF EXCHANGB.)
' Jeremy drew the bills ou Miles end Co. who carried nn
'trade as linendrapers in Holborn. The circumstances of the
case were very complicated, aud•we can ocly give all outline
of its leading !ratlines, and the principal facts given is evi-
dence.
The hits having been accepted by Miles,without the knew=
ledge of his partners, Mess's. Smi:ll.and 3Vaithruan5 their .
Counsel, Mr. Scarlet, said he shauld avail hintsolf of any
defence he could make; end then proceeded to state that she
oi/ls were accepted iu the ;mum of an illegal iidnuittion be-
tweeaskeetuy awl Miles.