The National Register.
London, England, 1818-12-27 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, Dec. 21.

CIIIM. CON.-VAUGIIAN V. SMITH.

The damages in this case %vele laidat 14,01101.
Mr. serjeant Copley stated the circunistanees of the ease
to the Jury. The plaintiff, Mr. Vaughan, he said, broughi
this action fur the purpose of reamer.' ing repalillioll ill dams
got, fur the seduction of his wife by the defend on. ca..,
of this nature hail been of auchfregm•il occurielo•e, and hail
so often been the subject of consideration in Com Is .1 lit tire,
that lie thought it millecessary to make any general obsei.
Vglltoll3 011 their character, convinru•d at lie was that the
feeling• and understandings of the Jury would wages' ever)
thing which he could urge in nit rodueing ►ucln a east- to thia.
notice. He thought lie should best discharge his duty
to hi-
elient, by (midi „himself to a plain and simple statement t:1
the case, laving before them the situation of the parties, anti
the circumstances tinder which the ultenre iinput....l to de
fetid:int was committed. He sae yolle 304 e that the farts
which he should lay before (hens im evitienve would lie con-
-4r:tisk-v. The Learned .ler•jennl then proceeded to stale twit
the plaintiff, Mr. A'41101411, Was a 'milkman very well known
in the sssss sical would, and of cun•ideraule talent,. Sir fat
back as the year 1805, he Was illtt01111Cell; for the lit St ti lie.
to a young lady of the name of Tennant. She was then 11
years of age, of great personal beauty and it effilipli*ltmeili%;
added to whirl, she was 1/03/1e43141, in an eminent lei;icc, 01
the saute description of talent for w Welt Mr. Vaughan Ina,
been ►o eminently distinguished. At the latter end of 18;15.
a marriage took place. }'runt that period down to the time
when their happiness was broken in upon by His defendant,
they lived together in the greatest possible degree of hat noway
and affection. Mrs. Vaughan assisted her husband in the
discharge of his professional engagements ; and thus they
1111011141iy contributed to the support of theist.° 1111 l ton offspring.
They had had several chtlilren, of wlions six were now alive ;
the eldest not ten years of age. 'Die' deli-nil:wit was the son
of a Dr. Smith, residing at Richmond, and held ionic other
under the Cialvernmelit of the country. 'flue two famines,
that of Mr. V 41101411 and Dr. Smith, were upon the most
intimate terms. Mrs. Vaughan had two children at school at
Richmond, and when she went down to see then►, she fre-
quently stopped a day or two at Dr. Smith's. In like into.
ter, When the Miss Sink hs came to town, they remained at
the house of Mr. Vaughan, and, together with every breach
of their family, were received with the greatest hospitality and
knidness. In this situation thing► remained, uutil at last the
(kleinlaut succeeded in sedsiving the wife of Iris friend ; attil,
finally, induced her to elope from him. It was here tieces-
sary to state, that when Its. Vaughan was delivered of her
last child, of %Odds her hm•iand was parent, at least, dllO4ll
two years ago, she suffered so rmieli in conserpietore of an
ilitcrual complaint, that her medical advisers deemed it
necessary to recommend that iii future her htsbaud and her
abould sleep in separate bells. Mr. Vaughan loved his wife
with the titmost affection mid regard; but tiailing it e%pe-
dient, for her sake, that thins course should he adopted, lie
slits egartled his 111%11 gratification, and yielded to die sugges-
tion. Front that time 1111111 the elopement they slept in separate
rooms adjoining each other. At what time the defendant
succeeded in efferting his dishonou►able purpose, it had not
been clearly atfeertililled ; lint that ac ' sal intercourse had
taken place upwards of a year hack, was n►anile.t, IEOIII the
birth of the child, of which, no doubt, the defendant was
father. This fact was.coriobotaned by several letters from
the defendant to Mrs. Vaughan, from the tone and manlier of
which, the intimacy wltit•h hail subsisted between 1111.111 W 43
too evident. These letters were noa addressed to Mrs. V.
but from their import, and Ilse way in %Inch-they were found,
they were clearly conveyed to her. [Here Mr.Serjeatit Cop-
ley read several passages from die tenets to which he alluded,
which were signed by the tiefendasit, and in which he ad-
dressed Mrs. Vaughan as his " Nearest, Dearest Bess, his
very life! his own valued —cherished— most beloved wife."]
In these letters he oaken allusion to the situation in wine',
Mrs. Vaughan was, from the intercourse which had passed
between them—speaks of tlw• pledge of their 1111 l wet regard
which lay beneath her bosom, and entreats her to quit het
husband's house before be discovers her pia gitailey . Nis.
Vaughan finally d sorted her husband and her elands 1.11,411 ii
after a short residence of a nuaith in London, pi (weeded to
Lyme, in I)orsettiltire, where she was delivered of a boy, the
fruit of her unhappy intrigue with the defendant. Haying
thus stated the outlines of• the case wbi.,h he 11.141 10 pluse,
the Learned Coans••l ativerte•l to the amount of damages to
which the plaintiff was entitled. commeated oil tfe loss
of domestic happiness winch the defendant 11411 11116t4ilied,
•cud upon the aggravated c Wet of the defendant no betray.
-ling that confidence 1311101 Mr. Vaughan had, comidering hint
a friend, reposed in hint. L. l'ouleltision, he called ut the
Jury to mask their sense of the en,e by the mast eseinsiiery
damages.
Several letter,' were put in, and estracts from them were
read.

After which the following winevsev were called t
Mr. Charles Hell, exnnuurd by 31r. Seiteant Copley.-1
am a Surgeon. I at Mos. Viimilian a little ',char her
confinement in 181 G. I old the told tit ft to colial•it with
her until her he All 11 wa• This w allow 12
months before her last confinement at Imine, wli.eli is to
)ears ago. I made the cMIIIIIII Mention to him in Coll .e,inenr.
of her slate of health. I du succOleet what piiNzwii
between Dr. ill CAIOII alai use me Ink sulipi et.
Mary l'avr.e, exaiiiin. by' 31r. I)eiiman.—l lived servant
with Mr. V. 11 'rats ; I %V.l,s uut,r 10 the children. I wit,
not at home when the child was horn in idle. 31r. and M s.
\ aughao lived rely happily until latcly. 1 think 1 111.5t.1
►awn more happy couple 111 my lite. I onservvil A change in
Mrs. V. for the last It itionibs. I think sheappeated eon! to
Mr. V. They slept in separate bids. Mrs. V. said she did
not wish, to have :my ulnae family. as slue did nut wish to go
into pablic in that situation. dies Smith Caine to the limew
tierptentiy. 1 never saw any Milo °per conduct between him
And my H isnrrs. Mrs. Vaughan went away on the 12th et
Jiiii the clay atter her betielit cuneert. She said she was
g tt tt g to see her childrr n at 1)111 1111 11. She always
tried to conceal her pregnancy. She hid herveif as
witch A. 11..1 31r. V. should find it out. She atways
Atimped, and sat agaiim the table, whenever Mr. Vatigisaii
rime in, or was esent. 1 am certain Mr. V.lngliat,
did not khovt. or Ilse pregnancy before she went away.
Cross-examined by Serjcant Iliad long
known it. She was about six months plegualit Islo•ta she
went away. I dated not communicate it to Mr. A'. though 1
kiti.w it !liter months. Was nut in 1111511 at the 113 ing ill iu 1 bI6
Mr. Smith Was not in the habit of coming home st ills lies es et)
night. lie has sometina s come home with her, tint lint intim,
unless whew Mr. Vaughan was with them. 1 never SAW any
thing improper pass between my mistress and Nlr. Smith 1
knew Alts. Vaughan was its the leanly way, hilt I nuvcr stk.

peeterl 3lr. smith. I never urged Mr. Smith to take Mrs.
V.,11411411 4WO. I never told him her situation had become
so appment that all the world might perceive it.
The plainlill Vd•U tieing closed,
Ms. Sciaemit Vatieisan addressed the Jury for the defeutl-
ant. fir commenced by observing, that he was on that or-
aaion u ides feelings of a most distressing stature. The case
lietoue them was one which, whatever might be its tire -
stances, distressed the feelings of the Conine% engaged in it,
:he Joilge who presided, and the Jiiry who were to decide
upon it. He was aware. that 111.1401011re1l under a ilisadvisil.
t age, as on suet' occasions the feelings of Julies were up in
anus against any thing that %%as Mt; led for the defendant.
He did nut mean to inainnate that their feelings would Ivail
them to any improper decision on the subject 5 on
the conti dry, lie was eons hired that their verdict,
whatever it might Ise,woidd be the tl..nit of cool, deliberate,
and impartial comaiiirration. He felt it his duty, however
unequal to the task, SO remove as much as possible the ins-
ist ession made by the elo pieta but exagAerated stateniesit
with whirls Isis Learn. d 111 other (Mr. Serjestut Copley) had
opecerl this cane. lie used the term exaggerated with re-
terelice to that statement, as the Jury moat have perceived
that it had not been supported by evidem•e brought ferward,
lie.ho be suss to let fall a p.jiwir word which might be
considered as annetioning unc invasion on the happiness of a
marries' life, but he could not help observing that in the pre-
scut itedance there 114 d nut been such di case established as
vuold warrant the Jury in giving 111.4vy 11,1011.17.v5.--They
weir not railed in that box to scout ee the defendant for the
heinousness of his conduct, but they were called upon as
honest men to give such fair and rational damages, 1111.1 only
such, its from all the circumstances of the case the plaintiff
was entitled to. There was in this ease great waist of those
proofs which only are the grounds for heavy damage.. Here
all the Jury had from which to deduce defendant's. delimpsen.
cy was a few Idlers witliont dates, without address, and
merely bearing the definsdatir s sianaturr. N.) account was
even given of the precise period when they cants. into the
plaintiff's possession, ;Md. for aught the Court knew, he might
have been in possession of them long before his wife eloped ;
and he might appear ignoraot raf shit connection, in order
to reap, for as long a period as possible, the benefit of los
wife's prufeslional exertions ; for it appeared, that the plain.
till did nut avow any knowledge of Isis wife's guilt until after
the Concerts for the heel.oll were over. Tile Learned See.
jeans entered at souse length into the flatness of Ilse evidence,
and ingeniously argued on the impropriety of the Waintitf's
sleeping in a separate bed Irons his wife for so long a period as
two years; which be (the plaintiff) could not havedone if lie
loved her as lie wits Sitid to have ilime. It he (the plaintiff)
had enntinited to love his wife—if they were halipy and roll.
tented together—!ww could he have left her fur a period of
two months, and tlmt too when she was its her confinement—
. when she was its thwt situation in which his soothing umlaute-
lion was 10 necessary, and so justly expected by Isis wife ;
hue, instead of attettilina up an her—instead of softening slime
of the Milst bitter and lo.rinfsel suomeots of her life—lie re
'Rained for a period of two months at a distance of 120
miles from her. Did this look like a continuance of that
love and atlection wind' was said to exist? did it appear
that the defendant'a coselliet could have plunged a man ca-
pable of so acting into all the misery :tied distress in which his
was eloquently described by Mr. Serjeaut Capley to be? It
appeaxed,frion the evidence, that plaintiff had gone about
the country with his wife and defendasit that he had left
them is Liverpool awl other places ; this: he had gone away
and lett them lodging its the sane house together. Was plaits.
tiff justified in thus leaving his wife unprotected and open to
the power of defendant ? The Leas tied Serjealit next ad-
verted to the disparity of age between the defendant and
Mrs. Venal:ail. He was in fact but a boy, and she was a
Lady of 35 years of age ; and, besides, her of eight
children, six of wham are still living. Might it nut then be
supposed tint he was seduced, and not a seducer ? Uuder
all circusissiancea, this was not is case which called for heavy
damages; and if the Jury wet e to give even a verdict of 5001.
against the defendant, it wouild ruin him for ever, as he was
merely a Cie' k its 0 Public Office, at a salary of 701. to 801.
per animus. It was trite, that if a man could not pay in his
purse, he omit pay by Isis person ; butiliii was not a ease of
the, aggravated nature which called for so severe a penalty.
Ho would leave his client's destiny in Ilse hawk of the Jury,
with a full confidence they would, by their vet their, sh!iv that
they coincided in the observations he had but imperfectly
made on the sehject.
There was no evidence called for the defendant.
'flit cur on lasals sides being closed, awl the Chief Justice
having asinmred his,
Ms. Setae/int Vatighan said, .I beg your Lordship's pardon,
but you omitted to mention the eircualstaace of the plaintif
dud his wife having aepariste beds for two years, though there
floor •ared to have been only an order from the surge' tit to
that effect, until the Lady's health was re-established, and
that. it appear*, had been wiihin n0,..-fourth of that petiod.
The CltielJnatice—Geittlem..s), I beg yostr pardon, I fou -
got to meatiest that cilia* ii•tausee; but beware how you este,
, Mist! a precedent of this is store ; yon du nit know what en-
etunatanees might have made such a domestic arrangement
. Het easary.

The Jill yri broil, and in a quarter :111 hour returned a
vel diet Jur plaintitt-I).l.od,tes--One '1 houkand Pounds.

1..11NE51).1.Y.

Shortly Ore the Conic .at, dael:r,es came on, in come-
io,nce of the thwk 6,g that prevriled, %%lien eamiles being
,whiclll) railed Inc, may 1;11,01V mold I,e prOdliCell on the
eine. grimy of 'lse moment, and a large lour-to-11m pound dip
beitig hunted lip,
Chiet*Jinoire Abbott SA.OI. " I shunt hiv e that—it• I Cillll
have wax I'll have• ionic—l'll et.litnitn the I .ori —the Sherd
or the City of Loudon ought to pinkie nax!"
A uax•candic na. AAunty allsten‘avds produced, and the
comae of public justice was nut Wei rupird.