The National Register.
London, England, 1814-12-11 00:00:00

THE NATIONAL REGISTER.

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CRIM. CON.

SHERIFF'S COURT, BEDFORD STREET, DEC. 10.

THE TART, OF 110SERERRY V. Slit 11. MILDMAY.
•At twelve o'clock, yesterday, the assessment of damages, in
this interesting case, the defendant having suffered judgment
to go by default, came on before a most respectable Jury.—
The Court was excessively crowded. Lord Yarmouth, and
many other persons of distinction, were present.
Mr. Jones stated the declaration. This was an action of
tresspass, charging the defendant with criminal conversation
with the plaintiff's wife. The damages were laid at THIRTY
THOUSAND POUNDS Defendant had suffered judgment to
go by default. A writ of inquiry for the assessment of da-
ina4es had been issued, which the Jury were then impannel
led to decide.

The Attorney •General then proceeded to state the case,
Nvbirh he described as one of more than ordinary atrocity,
from the near relationship which the plaintiff and defendant
bare to each other. lie stated the plaintiff to be a Noble-
man of antient creation, in the northern part of the kingdom, ,
and of the most amiable character. His conduct to Cie un• '
happy Lady who had been seduced from her duty he depict-
ed as in the highest degree exemplary. Lord Roseberry mar-
lied her in the year t 808, when she s only eighteen years
of age, and, by her, he was the father of four children. Lady
lloseberry conducted herself wiih the utmost propriety, un-
til, by the arts of the defendant, she was seduced from the
paths of rectitude. She was the daughter of an individual
well known to the Jury, for, as they were ail philan-
thropi,ts, they must frequently have met him in the per-
formance of charitable acts, He spoke of Mr. Bouverie, bro-
ther to the Earl of Radnor—but more distinguished by the
possession of every virtue which could elevate and adorn hu-
man nature. Olie of this Gentleman's daughters—daugh-
ters whom he bad educated in the most exemplary man -
ver—was the wife of the plaintiff in this case; another
of them was married to Sir Harry Mildrnav, the defen-
dant—and a third was united to the brother of the' de.
fondant. Sir H. Mildmay had the misfortune, in 1810, to
become a widower, his lady having first presented him with
a son. The Attorney General then read a letter written by
the Defendant, subsequent to the death of his wife, to the
Earl of Roseberry (then Lord Primrose), in which he men-
tions, in the most affecting language, the high sense he en-
tertained of the kindness and attention he had received from
him and his lady, subsequent to the death of Lady Mildinay.
This letter, the Attorney-General inferred, must appear to
the Jury as a foundation for large damages, since it clearly
proved the friendship which subsisted between the parties.
—ln the month of March last, it became absolutely necesary
in consequence of the illness of the Plaintiff's father, that be
should proceed to his seat in Scotland—and, during his
absence on this melancholy duty—visiting the sick, and,
as it afterwards appeared, the death-bed of a parent—the
Defendant employed himself, it would be found, in engaging
the affections of his wife.—On Lord Roseberry's return, he
observed a visible difference in the conduct of his wife---
and, as that alteration could alone be attributed to the atten-
tions paid to her by Sir H. Mildmay, he felt it to be his
duty, after writing to him a letter of remonstrance, on the too
marked attention he paid to his wife, to forbid him his
house. The Attorney-General then went on to state, that in
the month of July last the plaintiff went with his family to
his seat near Edinburgh—thither the defendant followed

DEC. 11.

. .
them in tie disguise of a sailor. It was customary fOr the
Ladies immediately after dinner to leave the Gentlemen, who
joined them again about nine o'clock.; and, in consequence
of Lady Roseberry quitting her female friends, amongst
whom was the Dowager Lady Roseberry, ♦ery suddenly, for
a number of evenings,- a suspicion was excited, that Sir
Henry Mildinay was in the neighbourhood ; Mr. Primrose,
plaintiff's brother, discovered the parties in a room in plain-•
tiff's house. Mr. Primrose compelled the defendant, who
was armed with a case of pistols, to leave the house ; and,
next morning, Lady Roseberry was sent home ;to her father.
On opening her desk, a great number of letters from the
defendant were discovered. These letters, which were of the
most ardent description, were read by the Attorney-General,
who commented on them at great length.
The Learned Attorney-General then went on to read
a succeeding letter from the Defendant to the fair part-
ner of his crime, in which he adverted to a visit he had
recieved from her father—a visit, the object of which was to
entreat him to desist from his pursuits of ',wily Roseberry. Of
the scene which took place on this occasion he spoke in pas-
sionate terms ; hut, notaithstanding, the effect, he admits to
have been made upon his ntiml, he passes all by, and, at all
hazards, :mphSres " his Harriet" to Hy to his arms, and desert
all those tics which ought to have been so truly dear to her.
This letter was succeeded by various °filets, all which went
to prove the el iminal intercourse that had taken place, and
the intemperate and headstrong passion, by which the De-
fendant was impelled on in his guilty courses, Some of these
letters commenced in the most romantic language, such as,
"Goddess of my idolatry—My angel," &c. ; and all breathed
an affection of the warmest description, and urged the most
seductive arguments in favour of an elopement. The Learned
Attorney, in conclusion, appealed to the honourable feelings
of the Jury, and expressed his conviction that they would,
by their verdict, prove their sense of the atrocity which had,
been exhibited to them.
Mr. AT TORN El-4-i EN ER A L then proceeded to call several
witnesses in support of the case, thirty of whom bad been
-subpsened, all of whom corroborated the guilt of the parties.
Mr. BROUGH A NI spoke at considerable length in mitigation
of damages ; but the Jury, after a short consultation, returned
a verdict—Da m AGES, 15,0004

The trial lasted till Eight o'Clock last night.

COURT OF KING'S BENCH, MONDAY, DEC. 5.

DYOTT, ESQ. V DUNNE.

This was an action ofcriminal co tvcrsati,li, to which there was ne
defence. The Plaintiff is a Major-General, stationed at Lichfield ;
and the defendant was once an attorney. but since set up as a MIT•
geon at Bath, where he visited the Plaintiff's wife proles-ionally.
She is a woman of family, and has three children by the Plaintiff,
with whom it was proved she had always lived very happily, till lici
meeting with the Defendant at Bath. She has a settlement of more
than 8001. per annum, and 10,0001. at her own disposal ; and the de
fendant, being a man of broken fortune, ran away with her : he had
been in the habit of riding out with her in her carriage. and in this
manner they left Bath together, and came tip to London, where the
defendant was so( n arrested for debt, and is now in prison, the
plaintiff's wife being proved to have lived with him ever since in.
' adultery, and to have been let out of the prison by the turnkey at
eight o'clock this morning.
The Jury, being charged by Lord Eilenborough as to the inde-
fensible nature of this case, and the magnitude of, the plaintiff's
.
loss, found their verdict for him.—Damages, 5,0001.
The defendant has signified his intention Of moving for a new,
trial.

THE KIN• V. LORD BOYLE.
This Wag an indictment against John Boyle, I,'sq. commonly ealled
Lord Boyle, for an assault upon Mr. Riclkardson. the Magistrate at
Bovi-street. It appeared. that the defendant was in the navy, and