The National Register.
London, England, 1816-01-07 00:00:00

THE NATIONAL REGISTER.

SHERIFF'S COURT, Bedford Row, Jan. 3.
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CRIM CON.
RUIDALL V. VAVASOUTt.
This was an action brought by the plaintiff, who had been a
subaltern officer in the Devonshire militia, against the defendant,
a Captain of Engineers, for a compensation in damages for cri-
minal conversation with the plaintiff's wife, who is the daughter
of the late Sir James Dunbar, and represented to be a very beau-
tiful and a:Tomplished woman. The damages were laid at 5,0001.
A special Jury was summoned on the occasion. Mr. Serjeant
Onslow, and Mr. Serjeant Best, were retained for the plaintiff'
and Mr. Espinasse appeared for the defendant.
Mr. Serjeant Best having apologised to the Jury for not rising
from which he said he was prevented by a severe visitation of
the gout, proceeded to opeu the case. It was a case of much
peculiarity, and he was fully aware that his learned opponent
Vould avail himself as much as possible of the circumstance of
the plaintiff and his wife not living together at the time the adul-
terous transaction took place. This separation, he should be
able to prove, arose from a virtuous desire on the part of the
plaintiff to secure his wife from distress and misery. The
learned Seijeant then proceeded to state the facts. The plain-
tiff was the son of an attorney, who, at his death, had made such
a provision for his family as to be enabled to give 20001. fortune
to h:s son (the plaintiff) who obtained a commission in the De-
sonshire militia. The regiment was then stationed at Liver-
pool, where Sir J. Dunbar resided, and the plaintiff had not
long been there before he became enamoured of the daughter
of Sir James, and the consequence was that a marriage took
place. She had no fortune; it would therefore appear that the
match was made out of pure affection on the part of the plaintiff.
The plaintiff finding that his commission, and what i einained
of I:'s small fortune, would not keep her in the state to which
she had always been accustomed, determined to retire from the
regiment and proceed to some obscure place, where they could
live cheaper. They accordingly retired to Cullumpton, in De-
vonshire, where they resided some sime. The plaintiff's wife,
however, becoming ill, she was advised to have the benefit of
the sea air, and they removed to Toignmouth . for the recovery
of her health. Here one distress accumulated on another, until
the plaintiff's means became exhausted, notwithstanding there
having been a strict attention paid to rigid economy. The
plaintiff was shortly afterwards made father of a daughter. This
circumstance added to their distress, and the plaintiff made an
application to her father,Sir James Dunbar, to receive her into
his house, which he readily acceded to, but unfortunately died
a short time afterwards. The plaintiff had in his youth acquired
a very extensive knowledge of music, and from the period of his
wife returning to her father became a teacher of music, and
thereby obtained a scanty subsistance. The learned Serjeant
then proceeded to ask, what could be the state of the lady's mind
•' 1 can (said the learned gentlemen) inform you as to her dis-
position, by her letters and behaviour. Letters addressed to
I ar husband can have no disguise, but must come from the
heart. Smiles, it might be said, might be put on and off, as
clothes are suited to the weather; but language in a letter must
come from the heart. I am, gentlemen, instructed not to add
one pang to those already felt so poignantly by the family. Sit
James Dunbar is since dead, and there is a lady now trembling
te
en the next room, an aged widow, who could speak to the unin-
rrupted affection of the parties previously to this transaction ;
ut 1 dont wish to introduce her, if it can possibly be avoided."
The learned Serjeant then produced two letters, written by the
laintiff's wife to her husband. One bore date the 27th July,
812, the other, although written a short time before, had no
slate.
Mr. Espinasse objected to their being read in evidence.
A long argument then ensued on the part of Mr. Serjeant
Qnslow and Mr. Serjeant Best. The objection, however, was
field good, and the letters were consequently not read.
Mr. Seijeant Best submitted to the judgment of the Sheriff.
He should therefore confine himself to narrating the circum-
iltances under which the defendant became acquainted with the
plaintiff's wife. The defendant is an officer in the army, a
Laptain of Engineers, whose income he undeistood was 10001.