The National Register.
London, England, 1809-07-09 00:00:00

THE NATIONAL REGISTER.

' Colonel Wardle cams totheir vrarehoUse. When he came,
his brother had met with an accident, and was confined to his
bed. Mrs. Clarke said, this is the tientletnan who is to furnish
my house. She was thin called away by Mrs. Wright to see
his brother, and 'while she was absent Colonel Wardle bespoke
many things, particularly a sideboard and a set of dining tables.
Pe also con4irmed Mrs. Clarke as to the subsequent conversa-
tion in the presence of Major Dodd, respecting the carpets.—
After some time, his brother, as he understood, exlireut=ed a
wish for tunr:!y, and a day or two afterwards Mr. Wardle
called at the- d6or in his •arig. He said Mrs. Clarke had
repeated to him %1 hat his brother had said, and asked how much
money was v.:lilted. The witness told him bethought his brother
wished for 5 or 600!. Wardle said would not a bill do. The
witness said if it w:t•-: at a si..c rt date it would do very well, a.,4
his brother could then get cash for it. Wardle then said lift could
tvanage Sc ror thew, and procure them a good bill. • The bill was
Sent and 11:1;:!. The lista the articles was then produced, which
the witness moranother said was fairly charged. Among the
article: were trvo Grecian couches, worth 100 guineas; drawing-
room curtAinq, 1001.; a lamp, 18 guineas; and other articles
etpudly costly.
ltr icdeant Best then addressed the Jury. and the topics he
urged were, that no credit was due to Mrs. Clarke, and none to
the other witness, because it was clear that many articles were
furnished before her acquaintance with Col. Wardle, conse-
quently could not he dnne on his credit. ;le pressed these topics
with his usual ability and ingenuity, but did not call any
witnesses'

L-
rd Ellenborough having summed tip the evidence, said.
that if considering the evidence given by Mrs. Clarke and Mr..
Daniel Wright as wholly invalidated, they disregarded it en•:
tirely, the action must certainly he Inst. • But if they did not
wholly throw out their evidence, if they believed that Mr.
Wardle had given orders for furnishing Mrs. Clarke's house,
still it Mist appear, the articles charged in the bill were
a most extravagant extension of those orders. Should they he
of opinion t',itt Mrs. Clarice's house had been furnished by Mr.
N.Vardle's they must find a verdict for the plaintiff, to the
amount of tip -2 upholstery, deducting from the bill the-e4rarges
for painting, plaistering, insurance, coals, Src. But if, on the
contrary, they wholly disbelieved the evidence given by Mrs.
Clarke, and Mr. D. Wright, they must give a verdict for the
defendant.

After a short consultation in the box, the Jury retired, and in
about an hour returned a vernict for the plaintiff, deducting, of
course, the 5001. as paid to the account, '2OO/. for the goods lent
on hire, and the charges for painting, plaistering, and every ar-
ticle independent of the upholstery.

CRIM. CON..
LOVEDEV, ESQ. V. BARKER, ESQ.

The Plaintiff is Member for Abingdon, and the Defendant is
the son of a gentleman in the same county, who has eight or ten
children, and is himself a Lay-fellow of Merton College, Oxford.
The Plaintiff is a man of large fortune, and has married succes-
sively three wives, the last of whom, his present wife, is about
25 `•ears of age, and he himself upwards of 60. The Defendant
being an intimate acquaintance of the family, had evidently en-
gaged the affeetions of the wife of the Plaintiff, and the present
action was brought to recover damages for criminal conversation
committed with her.

Mr. Garrow opened the case on the part of the Plaintiff, and
adduced evidence to shew u. very familiar intercourse between
them. Two groom; of the Plaintiff deposed as to several times
when the wife of the plaintiff and defendant rode out together.
Once they went into the nursery belonging to Mr. Henderson, in
Edeeware-road, and were observed together in a summer-house
in close conversation, the defendant having his hand upon the
lad Ys shoulder. The coachman and footman also stated that in
lia~v, 180 G, the lady had taken the Defendant up in her landaulet,
the blinds she closed in Bond-street, and drove with him to
Fleet-street. It was hot weather; she had been accustomed to
have the carriage open, but this day she had it closed, and when
she got out she was very very much confused, and much
tumbled as to her dreis.

Warren Hastings, under butler to the Plaintiff', stated, that
in August, 18()8, he had reason to suspect that Mrs. Loveden
had received the visits of the Defendant, though she denied that
he had been there, yet upon hearing a noise he ran out of the
house with a pistol in his hand, and late at night caught the De-
feudaut attempting to leap over the palings, to get through a

. .
plantation aojoining the house of the PLiintiff, in Braxton, in
Berkshire. That he then expostulated with him upon the ire-
propriety of his corning thereafter being admonished against lit
by his father and by Mr. Cox, son-in-law to the Plaintiff. The
Defendant then took Hastiegs by the hand, aid prnmised never
to route titers` again, when Hastings also promised not to diselnse
thesecret, proVided he never trespassed tart:. his master's pre-
mises again. Hastings returned to the house, and kept the Se-
cret with respect to r,ll but Mrs. Lovedeni to whose he immedi-
ately communicated w hat had passed, On Friday, the 10:11 of
March, 1809. the Plaintiff was at Abingdon, at a mee!inz of.
the Local Militia, when it was suspected in the family tho the
Defendant's visits would he renewed. Hastings. the but-
ler, suspected that hr had heard the !Hirai e -window open, art
that the Defendant was admitted b) Mrs. t.oveaer,. Abott
nine o'clock she ordered Ilia+ to bring a glass of w lire add water
into the' library. The Defendant was not there then, h'it he
suspected that he was in the stud% , which a!, on the other side
of the stairs. Mrs. Loveden went rather eat her to bed that
night than usual. Hastings, suspecting that the Delead.ae oak.t4
go from the study to his ails ress's bed-chamber, wate*4 .1 till
two o'clock, In a plate where he could see her door;. bat Mr-
served no one enter. lie then went to bud, and the next morn-•
ing went to try the door of the library. He fouild it was locked,
and asked Mrs. Loveden for the key. She said she had no kev„
and Mr. L. always kept the key with him. lia:tings then said
there was a fire eft burning, and he saw.t examine it. He ar-
.Ser wards procured a carpenter to place a ladder against the
window, and to open it ; and Mr; Banter was found in the
room with his boots on, and his great coat on his arm, endea-
vouring to hide himself behind the door. lie .vas afterwards
released by Mt s. L. who found a key for the purpose. ilustium
afterwards went into the room where Mrs. L. aud. the Defendant
%sere; *hen Mrs. L. said they (meaning the tervants) had rtre.
Otl her. The Defendant said he matte a great CUSiaboltt nothing.
He had only come to expostulate with Mrs. L. and to prevent
any further communication between them by letter. Ha-stir:pi
then reminded him of the proinie made to him ; and told hint,‘
if lie had acted honourably, and kept hi:, word, he shooli4, have
kept the secret from all the world. The Defendant nester ad-:„
witted that be had any improper intercourse with the Plalatirte
w ife.

The Lady's maid was also called, who spoke as to her mis-
tress usually having her to sleep in the same bed, in the alum.
of Mr. L. ; but that. being at the Defendant's father's on a visit,
and the Plaintiff not there, her mistress changed her usual cus-
tom, and she slept in an adjoining room. In the middle of thin
night she heard a noise, as if the holt of the doer was raised,
and somebody entered. The bed was tumbled unusually, and the
next night Airs. L. desired that the door might not be bulted.-.
On the morning after the 10th of .March last, she examined tiro
bed, and observed it was very much tumbled, and Mm. Lovrdea'a
shift was as much disordered as if it was wrung out likessvdt
linen. But she observed no other marks from which she could
determine that the defendant had slept with Mrs. Lnveden.
One of the servants also stated, that in la 4 summer, nn a Saw
day, the family went to Church, Mrs. Loveden staid at home,
and the defendant mot her in the summer iionse, and was wits
her for some time. That he then tank his horse and went away
before Mr. Loveden returned. Mrs„Loyeden had not eloped-
with the defendant, hut was now living with her -mother.
Mr. Serjeant Best commented upon the evidence, and Amid
the charge altogether. •
Lord Ellenborough, Chief Justice, summed up the case. anti
said it was merely a question, whether the last act of dishonour
had been committed, for ai to the familiarity of the deEendeat
and the nature of his designs, there could be no doubt.
The Jury retired for an hour, and returned a verdict for the
defendant.

LoVELASS v. SIR cuntsrorn ERZ.% YiNES, BART. AND OTHERS..
This was an action, tried on Saturday se'rinight, for false Aim-
pri!zontnent, brought against the Bench of Magistrates, sip*
at Uxbridge. The Plaintiff, who wits the son of a farnserait
Uxbridge and who had been charged with bavingeraelly beaten
his horses for the offence he had been confined in the .ettge ttR
Uxbridge, and sent hand-cuffed on board the tender lying at the
'tower, from whence he was pu: into a ship, of war, aid trept
there nearly a month, till he aas liberated by a writ of iliabeisa
Corpus.—Lord Elidabcrough said, that the -defendants bat&
greatly exceeded their lawful power, and kreroramentied
most ample damages. Verdict for the plaint iff—liantmes
being the ful:suat for which the,plalarit

JULY' 9. THE NATIONAL REGISTER.
_
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-,. . Colonel Wardle cams tntheir warehouse. When he came, plantation anjOining the house of the .11
his brother had met with an accident, and was confined to his Berkshire. That he then expostulated
bed.. Mrs. Clarke said, this is the tlentletnan who is to furnish propriety of his cora ;lig thereafter hemp
my house. She was thin called away by Mrs. Wright to see by his father and by Mr. Cox, son-in-la
his brother, and 'while she. was absent Colonel Wardle bespoke liefendant then took Hastings by the ha
many things, particularly a sideboard and a set of dining tables. to route titers` again, when Hustings also
Pe also con4l tined Mrs. Clarke as to the subsequent conversa- the secret, proYided ht never trespassed
lion in the presence of Major Dodd, respecting the carpets.— raises again. Hastings returned to the I
After some time, his brother, as he understood, exttreustal a cret l‘ith respect to :.II but Mrs. Loyede
wish for mon:!y, and a day or two afterwards Mr. Wardle Ntely communicated w hat had passed,
called at the- (16or in his •gig. He said Mrs. Clarke had March, 1809. the Plaintiff was at AN