The National Register.
London, England, 1816-02-04 00:00:00

CRLII. CON.

HARVEY V. USHER.
Tuesday an Inquest to assess damages in this ease took place in
the Sheriff's Court, the defendant having let judgnient go by tie.

• •
fault.
Mr. 11. Twins opened the pleadings.
Mr. Dauncey stated the case. He said, that this was an action
in which G. F. Harvey, late an officer in the 15th Hussars, was:
plaintiff, and G. Usher, who was also a military officer, was de
fendant. The plaintiff was married in April, 1809, to Lady Ho-
Darla H. Woodgate, who was distinguished by great beauty and
accomplishments, and who was the daughter of. the Earl of Cavan.
Lady Harvey had had one child by her former husband, and one also
by Captain Harvey. It was in proof that the adultery was com-
mitted about the month of Jnne last. The plaintiff and his wife
ha+ I been at Hastings for the benefit of sea air, and they returned
to town in May. On the :30th of May, Capt. Harvey set off for
Cheltenham, having arranged that Lady Harvey should follow him
on the Alt of June, but she did not reach it until the Bth. What
occasioned the delay would appear in the sequel. The defendant
took lodgings in Kirby-street, Hatton-garden, on the Ist of June,
and on the 3d he introduced Lady Harvey as his wife, with whom
he pt there thlt night. She, however, reached ieltenhain on
the Sth of June, and remained there until the 22d, when Captain
Harvey met her walking with the defendant, whom he (Capt. H.)
had thou seen thr the first time in his life. Some altercation en-
sued, and Lady Harvey that evening eloped with the defendant,
with whom she proceeded to London, and both again returned to
Kiri.y-stvect, which they reached on the lith of June. On that
tvening, after having been some time in bed at Kirby-street,
her. Ladyship visited Mrs. Forsyth, at Kensington, and there re-
mained until the ?7th ; and what became of her Ladyship for
some time aftcr.sards, no trace whatever could be discovered, nor
was it material to know.
Mr. De Crespigny deposed, that he was present at the marriage,
to which Lord Cavan was adverse. Lady Harvey was at the time
about '22 years of age. Captain Harvey was afterwards Aide-de-
Camp to Lord Cavan, until he got some other military appoint-
ment. Could not say from his own knowledge, whether Captain
and Lady Harvey lived on good terms—could not speak from hear-

say.
3. S. Charlton being asked by Mr. Abbott, whether he was not
of the medical profession? answered in the negative. Why, are
you not Surgeon ?—A. Yes. Counsel—Then I think you are of the
medical profession. Witness—Then I think not fa laugh.) Wit-
ness re::oliects knowing Captain and Lady Harvey in 381t2; and
since dined with thuni frequently, and never saw an instance of
disregard or ite.ittention on either side : Captain Harvey was Very
attentive to his children, as well to Miss Woodgate as to his own
child.
Mrs. Forsyth.deposed, that she knew Lady Harvey from her in-
fancy ; that her Ladyship was the sweetest woman she had ever
met wiih ; Captain H. and Lady H. were always wilcome when
they thought proper to visit at. her house, as was every member of
the family of Lord Cavan and Judge Gould. She saw'Lady H.
liefore she set out for Cheltenham ; Capt. 11. went there first, and
in. a week afterwards Lady Harvey followed, saying that she
would call at her sister's (Lady Duncombe) by the way. In about
three weeks afterwards Lady Harvey returned from Cheltenham :
she returned on Friday, and remained until Tuesday, being occa-
sionally absent from her house. Captain Harvey called at her
house, accompanied by his child, on the Sunday, inquired for Lady
Harvey, and upon the ‘vitness's telling him that her Ladyship was
there, although then out walking, he declined to leave his child.
Captain H. then told witness that Lady H. had gone from him at
.oeltnleam, and of this fact she was before ignorant. On cross-
oramination, the witness stated that Lady Harvey came to her
liouse alone from Hastings, in a public stage coach, and frequently
pme alone to her without Captain Harvey. Never saw any dis-
sension between Captain and Lady Harvey; never heard her La-
dyship complain of any unkindness from Captain Harvey.
Elizabeth Sears proved the cohabitation of the defendant and
Lady Harvey, at her house in Kirby.street, Hatton-garden, and
that she identifkil Lady H. at Mr. Forsyth's house in Kensington.
An attempt was here made to put in evidence the deed execu-
ted between Captain and Lady Harvey for assigning to the sole
and separate use of the Lady the sum of 8501. per annum ; but this
deed it appeared was executed in May, 1810, the marriage having
taking place in April, 1809, and the property assigned was trans-
ferred by Lady Cavan upon the condition of its appropriation to
the sole use and controul of Lady Harvey. like inadmissibility of
the deed in evidence was: lio‘revcr, decided.