The National Register.
London, England, 1818-12-13 00:00:00

LA IV INTELLIGENCE.

COURT OF COAIMOai PLEAS, Tursnat. Dee. 8.
Pr fore the chief Jratice aid a 3'p:cid jury.
• Clint CO'.
malt tame' v. PETSRS.
Mr. Chitty opened the case.
Mr. Sergeant Va,lghrin.—The jury would perceive from
the ermine of his Learned Filen& that he had a painful duty
imposed neon Win. He appeared before them on the part of
st!rnest unfortunate man, a man lobbed of the society and
solace of a wife tenderly beloved arid tenderly attached.—
Caves of this description were, as they well knew, infinitely
diversified. There were snore ingredients of aggravation in
the present than in any case he remembered. That relieved
him from the necessity of pressing the ease upon their at-
tention. They, as husbands, and as fathers, would feel the
crlsel de.atrnctlon of domestic happiness which the evidence
would disclose—a destruction effected by hypocrisy, and
under the mask and cloak of friendship. The plaintiff was
a Captain in the 3d regiment of Guards, and ranked as Lien-
tenant Colonel in the army. Since IMO 9 he had been abroad
in the service of his country. He way descended of an
ancient trod honourable family. In 180) he married Miss
Hurtou. who was daughter of (3 neralllurtnu, to whom he had
been Aideole.eamp. He had been for years previonsly 3e-•
quainted with the young lady; his addresses were • recanted
by both their families with equal satisfaction. They married
in the • spring of the year, she being 23 years of age, he 23.
—Seen afterwards he went to Welchem,. Next year he
'went to Spain. lie was severely wounded at Fuentes-d'Huno.
'res, and he in consequence tame home to the tender at-
tentions tif his wife. He was again wounded at Burgos, and
•-was again tenderly received by his wife, to whom be was
•oblieedTto return. He wentogein to Spain in 1815, as our.
army was advancing towards France ; an soon as peace rem.
• dered it-safe for his wife to go abroad the went to him. They
'both went to the South of France, and remained . in Tours fin,
• mune time: there they first became acquainted with the de-
' fondant. who was the eldest son of Mr. Peters. the •benker.
The defendant—a circumstance which aggravated his crime....
'bad himself been married, and had lost his wife in 1816. He
went abroid to dissipate the dejection and melancholy na-
' totally oreavioned by inch a loss. In February, 1816, he was
iintrodneed 'tithe plaintiff and his wife there he was received
'as might be expected from a man of Colonel Clitherow's,
'generous feelings, and every 'attention was paid to him. On
:this commencement of acquaintance, the Learned Sergeant
'weald fasten, and maintain that it left the +defendant's con-
• duct afterwards withoat eeeine and without palistion. The
;plaintiff had one son, an only child, then 7 .years old. The
:parties met fruently in France, at Marseilles, at Toulon,
Amid other places; their views of travelling were the same,
withooelt they did not • travel together. On the 25th of Judy
'they met at Geneva, and thence they travelled in company.
-Every proper care and precaution was, during this time,
'observed on the ?art of the plaintiff. If, as might sometimes
happen, Colonel Clitherow travelled on the outside of the
• cench, nothing criminal was to he apprehended, when a boy
isaf,7 years of age was with his mother within the Coach.—
When they arrived at Diver, Mr. Peters was invited and
went to Colonel Clitherow's mother's house. 'ln May, 1617,„
'Colonel Clitherow retnrned to dutyat Bexhill h • •ks.. Mr.
Peters, after this time, never visited ander his own wane. So
llate, however, as' the 13tb of December, he partook of the
plaintiff's -.hospitality, Mid must have gene to Worthing to
dine with him, for the very purpose of- planning the elope-.
anent. But on the sth,Gth, and 7th of July previously, it
sprimildbe proved; that a criminal connexion had taken place.
• On the bth, the very day when Col. Clitherow was called on
duty from Bexhill ta London ; on the evening of
that day Mr. Peters called,and asked if Colonel Clitherow
• was at home ;- then%les: Clitherow; and desired the servant
to tell her that therewaswgeutleman with a letter from Mr.
Peters, and saishid to deliver it in yerson. He came to.
lieshill,•notamexpetted. He left to the jury to judge what
smut teas been.awatsence of warmth and love. They (the
•
jury) most take these•clrenmstontees into their consideration:
The defendant .and Mrs. Clitherow were now living together
in France. That this man should, while hypocritically pre-
tending the warmest •friendship for Colonel Clitherow, trea •
elterously undermine trod destroy all his domestic happiness,
was an offence ef the utmost aggravation. Was there deeper
responsibility evaleeper crime than the defendant's ? His
itlentitywas futir established by a large mole on iris cheek,*
as large as a sixpence. The elopement took place in De-
cember last year. Why was not this action brouglasooDeri
The cause was the-abseace of the defendant, and .the want of
proxy to appear ter him. It was accessary, in fact, to adopt
proceedings for oatlawing him. This was the only cause of
delay. He woutd•now leave the case to them, and leave theta
to judge from time evidence, whether there was not every
aggravation. °Menet Clitherow •was attacked in the only
part in which ise•wer vulnerable, While he was absent in the
• service of his country. He wasqbas attacked by one who
bad been introdncid idiom as in melancholy titbits from the
loss of a wife, and who accordingly received the kindest
treatment from Colonel Clitherow. This person is found sap-
ping the affections •and. virtue of the plaintiff's wife when
• twerp person is asleep, Whets the seeds of this criminal ht'
• tachment were sow Mild not.appear t It was probably on the
•Coutinent. The defeddint must from hie own experience
limy* known the value of the affections of an amiable wife,
; enclaves therefore aware of the enormity of his crime. The
plaintiff, too, must have felt and appreciated the settee-et* an
• affectionate wife, (romans tender consideration of the situation
-of the defendant at his;first introduction. He would not say
one word of the amount of damages. Damages could be no
compensation, no. reparation of the injury. But every man,
mad especially every military man, absent in the service of
his country, was entitled to protection from the wanton and
••unfeeling attacks of an adhlterer. As moral meu, as husbands,
•as lathers, the ease mist come Inmate their bosoms and feel '
hogs. 'He %timid throw clown his -glove, and challenge his
:Learned • Meth! to prove one single act• implying the least
wrong on the part of the plaintiff dining die 10 years he was
married. 'As' far as damages could satisfy. the case, they
would give damages.
William Allessavaa then celled ty Mr. Sergeant Pell, who
proved the marriage of Culouel Litilierow and Sarah Bin.
ton, att -St. George's Hanover:square, on the 14th of Feb-
ruary, HAG.
Miss Sophia Clitherow; Otter to the laintiff, remembered p
eh- marriage, and was present at it; •lier brother and alrs.
Clitherow went immediately afterwards to Tonle idge.as ells ,
she sad seen Mrs. Clitherow : twice brier:, her marriage ;
her brrtner had been for limey-years aerpoitiated with her ;
she was daogliter of General Burson.
• Chief that the Genteel Burton that was Meta.
; bee of- Pashaatent for Beverley, iu •Yoskabilet