The Sun.
London, England, 1801-05-29 00:00:00

LAW REPORT.

COURT OF KING's BENCH, MAY z 3.

•ITTINGS BOFORZ L6a's, erevost AN:, A ,11:1;`i
TN WI.6IIMINsT•tR HALL.
• •
CR.JIII. CON:
WYNIMAM, ESQ., V.,,T,HE EARL OP, WIeCOMBE.
Ma. TRIPP opened the Pleadings, by which the
Plaintiff complained, that the Defendant made an
Assault on the Wife of =Plaiotiff, and had cri-
minal conversation .with her, to the Plaintiff's da-
mage of ro,oool.—Plea, Not Guilty; .upon which
issue was joined. .
The ArrORNEY-GENERAL opened the case on
behalf of the Plaintiff, who, he said, was the son of
the late, and brother of the present Earl of Egre_
mont, who complained of this most serious injury,
committed by the, Noble Earl while the Plaintiff
was on an Embassy from this Country at Florence,
Lduring part of which time his Lady was with him,
and they enjoyed the society a .each_ other, until
his Lady, with her children, three in,number re-
maining out of eight, had occasion to remove to
Switzerland for the benefit of their health ;. when
the Noble Defendant, being then at Florence, fol-
lowed this Lady, and accomplished his design,
which was that of depriving the Lady of 'her ho,
nour. This took place some years ago, that is, in
1795, but
.the reason the ation was not brought
sooner was, that the 'Plaintiff being abroad on his
public duty, could not come to England sooner.
As soon as he 'could come, •he instituted this suit ;
and now he called fordamages for this Most serious
injury, and most unpardonable outrage to his do-
mestic. comfort. .He had to answer one oblation
which would be made against the aCtion, that the
husband had been careless, by observing, that he'
had not the least suspicion of what was passing un- •
til long after
,it was over; and if he did not prove
every thing.to. the satisfaliOn of the Jury to sup-
port the Plaintiff's case, he would not press for da--
mages ; but if the,case should turn out to be the
same as, was represented to him, considering the
rank of,the parties, and all the circumstances of the
case, all the sum in the Declaration would be too
small, as the Jury would feel as men of 'the world,.
and men of honour. Having made. Many able ob-
servations on the nature of the case, to support the
principle for which he contended, he proceeded to
call his evidence.
It appeared in evidence that the marriage took
etre& on the 21st of July, 1784, by special li-
cence, at the house.of Mrs. Wyndham's mother.
Lord Pomney, proved, that he was intimate with
the Plaintiff and his Lady, previous go their going
to Florence ; they frequently visited ar his house,
and continued there for weeks-together; during all
which time they appeared remarkably happy, and
attached to each other, as much so as any two per-
sons breasting. His Lordship said, ••he never saw
a couple live more cardially together, and they
were remarkably attached to their children.
The Earl of Carnamon gave the same honour-
able testimony as the Noble Lord who preceded
him, of the connubial felicity of the Plaintiff and
?I!a wife, during the same period. As did also
2, gentleman of fortune.'
Mr. Pierrepiai,
Then folthwed the evidence of the domestics of
Mr. ,Wyndham,, who attended Mrs. Wyndham to
Switzerland, on the excursion for the re-establish-
ment of her health, in the route from Florence, at
certain inns upon the road, and which evidence
amounted, at least,.to satisfaCtory proof of adultery
between Mrs. Wyndham and the Noble Defendant
in this aCtion, in which, however, theft ;vas no-
thing otherwise interesting, than that it supported
the Plaintiff's case, after it was suspected that the
Plaintiff must have been nonsuited.
• The Defence was, C 6 That the Plaintiff had not
only been careless of the virtue of his wife, at the
time this Adultery took place, but also had inflamed
her passions by the most insulting infidelity ; and
that therefore he could have reasonably expelled.
nothing less than what aEtually s happened that in.
deed while he was with Mrs.Wyralham atFlorence,
" he lived in a state of avowed gallantry 'with Many
Courtezans, going with them to the Opera, and
driving his carriage about with them, paying the
,whole, or nearly, the whole, of his attention to these
persons, to the utter neglal. of Mrs. Wyndham,
who was pitied by all the English Families at Flo-
rence ; that he, Mr. Wyndham, was so far from
making a secret, that .he boasted of some of these
things, and actually in one instance caused the Dn..
bassy House to be stripped for the purpose of fur-
nishing another for one of the Ladies he was pleased
to live with, in preference to his wife ;' that during
this time he allowed Mrs. Wyndham to associate
with those 'Who were the public talk of Florence,
on account of their illicit amours ; and frequently in
their meetings, Lord Wycombe, to the knowledge
'of the Plaintiff, was a party : during most of which
time, Mrs. Wyndham had no other person to pay
respeaable attention to her, but the Noble Defen-
dant, Sec,"

The most material part of this defence being made
out by evidence, it was most confidently insisted
upon, on the part of the Defendant, 'that the Plain-
tiff could have•no right of Anion in this Case, on
the authority of a series of decisions upon this sub.
jea'; and particularly by the opinion which had
been expressed by my Lord K ENYON, no longer ago
than yesterday, in the Case of Mr. Sturt and the
Marquis of Blandford ; and of this opinion appeared
my Lord KENYON to be, long before the trial was
over, but the Case was kept up for some time ; at
last, however, Mr. ATTORNEY GENERAL said, he,
on the part of the Plaintiff, would consent to a
Nonsuit.—Plaintiff Nonsuitcd.

WATEANSON V. MERCER AND ANOTHER.

The Plaintiff is a Baker, and brought this Aftion
against the Defendants, who are Mealmen, for sell-
ing him ten sacks of adulterated wheat meal at I 205.
per sack, on the 29th of January last. The Plaintiff
had used only two sacks of it, and althotigh the

assize of bread was then at- is. 71c1. he could only
sell it at 'pd. and Is. the quartern-loaf.
After a great number of Witnesses.were examin-
ed on-6oth sides, the Gentlemen of the Jury found
a verdift for Plaintiff of Sol. They allowed the
Defendants 61. for the two sacks of this meal, which
the Plaintiff had used, which reduced their verdict
to 441. and they compelled Defendants to take back
the eight sacks which had not been used.
As this is a case of importance to the Public, we
shall state it More at length the first open day.

Lord KENYON goes this day to Guildhall, and
will retui n to-morrow to Westminster, to take the
remaining Causes, and on Monday will proceed to
the Sittings at Guildhall. '

From the LONDOKGAZETTE,:IIfay 26, 1801.

It r-Ojire, Miry 26.

57th.Regintent of, Foote Charles Dod,- Gent; to be Ensign,
' without purchase, vice Eentley, promoted in the 5401 Foot.
58th• Ditto, Captain-Thotnas Fitzgerald to be Major,' vice
Ogle, deceased. Ci,tptain-Lieutenant William Carr Royal
to' be.. Captain, vice Fitzgerald. Captain - Lieutenant George J . IZeeves, from the Bth Foot,, to be Captain, vice
Best, deceased. Lieutenant Edward Currie to be Captain-
Lieutenant, vice Royal. . Ensigh- John .Gontersall to be
Lieutenant, vitae Currie. Volunteer G. L. Knog to ,be
Engign,. vice Gomersall.- •• -
'6otlt Ditto, Lieutenant Williarn,Ackland Gilland, from the
• Half.pay of eha 54tIt• Foot; -tO .13 Lieutenant, *vice Ogden,
removed to the 6:h Foot. Lieutenant Thomas Ellis, from

the 4th FOot, to be Liebtenant, vice Baby, who eXchanges.
Hugh Rose, Gentr'to be Ensign, by purchase, ,vice Hen-
tlers6d;'prOrinited.-
65th Ditto, William Clarke,'Gent. Cornet in the late Berk-
shire Fencible Cavalry, to be Ensign, without purchase,
vice Blaisel, whose Appointment (106 not-take place.
67th Ditto, William Thompson, Gent.. to be Ensign, vice
Bowcns, deceased.
7enit Dittb, -Brevet Litutenant.Colonel •Roberf.Ketwan, from
the 57th' Foot, to be.,Major, without purchase, vice Du 9.,
bar, promoted in West India Regiment. Captain,
Thomas Christie, 'front the sth Foot, to be Captain, vice
Crawford, who exchanges.- • •
73d Ditto, Ensign William Kenny to be, ,Lieutenant, ,vice
Orr, doceased. Edward Breton, Gent, to be. Ensign, vice.
Kenny. Allan Macdonald; ;Gent. to be Ensign, without
purchase, vice Mackay, who resigns. . • •
74th Ditto, En igit William Purcell Creagh, from the Nth
Foot, to be Lteurenant, without Liurchase' vice John
Campbell, promoted in the gist Foot. Donald Macqueen,
Gent. to be Ensign, without purchaSe, Vice.. Booth, pro-
muted in the 76th Foot.
75th Ditto, Ensign ;Thomas Cooper to be Lieutenant, by
• purchase, vice Falvey, who retires. Ensign
Cornwallis Young, from. the:B6th Foot, to be Lieutenant,
vice Mackenzie, deceased. ThOnlaS Atkins, Gent. to be
Ensign, by purchase,- vice Cooper.
76th Ditto, Captain-Lieutenant Brisco Morland to be Cap-
tain of a Company, without purchase, vice Halkett, pro.
motel in the 55th Foot. Lieutenant Meyrielt Shawe to be
Captain of a Company, without pOrchase,.• vice Moi-
land.• Captain-Lieutenant Meyrick Shawe to ,be Captain
of a Company, without purchase, vice Symos, promoted.
Lieutenant William: J. Scott to. be Captain-Liebtenant,
vice Shawe, •

To be Lieutenants, without purchase—Ensign
.Frederick
William St. Aubin, vice Frith, deceased. Ensign John
Monro Sindair, vice Shawe. Ensign Thomas Booth, from
the'74th Foot, vice Scott.
To be Ensigns—Ralph Coxon, Cent. by purchase, vice
_ Wade, who' retires. Henry hcars, Gent, by purchasc,
vice Baird, promoted ,in the 86th, Foot. • Charlton B.
Tucker, Gent. without, purchase, vice St., Anbin, pro-
moted. Edward. Lacey, Gent. by purchase, vice Bristow,
who retires. William Newton 'Covell,. Gent. without
purchase, vice Sinclair, promoted.
77th Ditto.—To be Lieutenants; Ensign Peter Maclachlan,
:front the 78th Foot,. without purchase, vicciLawrence, pro-
moted in the 19th Foot, Ensign Joseph Douglas, by pur-
chase, vice James, promoted in the Both Fruit.
To be knaign, without-Purchase—John Macquarie, Gent..
vice Porter, deceased,. . . .
To be Quarter-Master—Serjeant William Jones, vice Camp-,
bell, who resigns.
78th Ditto, Lorn Campbell, Cent. to he Fntign, without
purchase, vice Maclachlan, promOted in the 77th Foot,
Hugh Maccanclie, Gent, to be Ensign, by purchase, vice
Munro, promoted. - • -
Both Ditty, Henry Jones Grove, Gent. to be. Ensign, by put-
'chase, vice Winibleton, promoted, Ensign Andrew Kelly,
from the Half-pay of the late 51h Regiment of the Irish
Brigade, to be Ensign, vice Ker, who exchanges.
32d Ditto, William North, • Gent. to be Ensign, by pur-
chase, wit::: Sinithwich, promoted.
Ditto, Brevet Major J. Killigrew Dunbar, from the 69th
Foot, to be Major, vice White, deceased.
85th Ditto, Major Willoughby Gordon, from the 66th Foot,
to be Lieutenant-Colonel, by purchase, vice Ross, who

retires.
To be Captains, without Purchase—Lieutenant Henry de la
,llouespe, from the'77th Foot, vice Pigot, removed from
the Service. Lieutenant Lionel Smith, from the 24th
'Foot, vice Backhouse, removed from the Service. - Lieute
nant
,anus Urquhart, from the 49th Foot, vice Reilly,
removed -from the Service.,

To .be. Lieutenants, without, Purchase—Ensign Anthony
Harris, vice Grisdale, deceased: Ensign Thomas Salmon,
front the §th Foot, vice Tfavers, removed from the Ser-

vice.
To be Ensign, without Purchase— The Hon. Frederick

Howard, vide Harris. .
.86th Regiment of Foot, Ensign William Baird, from the'
76th. Foot, to be Lientenant, purchase, vice Elliott,
WilO retires. Ensign James SteWarr to be Lieutenant, vice
De POrbeck, deceased. Neil Maclaurin, .Gent. to be
Ensign, • .without purchase, -vice' Youhg; promoted in the
not.
88th Ditto, Ensign Henry Miller to be Lieutenant, by imr-
cltse, viceraylor',. who retires. John Mackenzie, Gent.
to be Ensign, by purchase, vice Miller.
Both Ditto, Captain John M'Nair to be Major, without pur-
chase,- vice Mackenzie, promoted in the 44th Foot. Cap-
tain,Lieuteriant William Cartwright to be Captain, vice
M'Nair. Lieutenant William
,Austin to be Captain-Lien.
tenant, 'vice Cartwright. Ensign William Hill Millner to
be Lieutenant, vice Austin. Graham Douglas, Cent. to
be Ensign, vice Millner.
gist Ditto, Elwcs, Gent. to he Ensign, without
purchase, vice Macay, dismissed the Service.
92d Ditto, Major Alexander Napier to' be Lieutenant-Cole-
nel, vice Erskine, 'deceased. Captain .john .- Cameron to
be Major, vice Napier. Captain-Lieutenant P. Gordon.
to be Captain, vice Cameron. Lieutenant George David-
son to be Captain-Lieutenant, viCeGordon. Ensign Peter
Wilkie to be Lieutenant, vice Tomlin. Campbell, &etas-
cd. 'Ensign William Mackay to be Lieutenant, vice Da-
vidson. Quarter-Master- Seryeant Donald 114'1W-ilea to be
Ensign, vice .Wilkie.. lames Lewis Hill, gent. to be
Ensign, vice Mackay. • ,
Scotch Brigade, Adjutant Edward Kingdoin to be Ensign,
by purchase, vice Mac Arthur, promoted. Charles Cainp-
bell,- Gent. to be Ensign, without purchase, vice John
Campbell, who resigns.
(To 4r continued.)

On the Death of an amiable Youwc MAN, son
of Mr. Jot, of Oxford, and apprentice to Mr.
DEANE, Land and i3yilding Surveyor:
IN early youth, such honest truth,
With thirst ut Genius tir'd,
No Words can shew the griefs that flow,
By all helov'd, adrnir'd.
The Parent's. Joy, the Master's boast,
Of every virtue blest, •
His precious life was call'd away,
In peace ,with joys to rest.

That the Beggar's Qrera, written by Gay, and
the Novel of Clarissa, by Richardson, acquired such
celebrity among the Literati abroad as to be trans..
laced into French and Italian, is a fad incontesta-
ble ; but that few of our English Authors in the