The Sun.
London, England, 1801-05-28 00:00:00

some parties of this 44.hicis he knew not ; but it was
the ditty of Judge.; and Juries to do all in their pow-
ers,- when fit occasions presented,themielves for that
purpose. There-
were several and .very -different
charaders now before the jury—some whose con-
dud called for indignation, others, respell and catn-
•miseration. When ~,he heard that part of a Letter
of my Lord Blandford's, which stated that
he talked in his sleep, dnd alarmed his Lady,
it was impossible not to feel compassion for
that amiable young Lady. - His Lordship &aid,
he had not the honour to know her, but he had
heard of her by report, from a quarter on
which he could rely, and that report was highly
to her praise. She was the daughter of a family
whose women were all virtuous, and men all brave.
Here his Lordship pronounced a very warm pane-
gyrick on the Noble Family of Ga t. way, which
had been, he said, often distinguished in its Coun-
try's Cause, and' been instrumental in proclaiming
its glory. Having said this,
.his Lordship took up
the Cause now before the Jury. Mr.- Sturt, the
Plaintiff in this Ation, said his Lordship, comes
here and telli you, I have formed a connettion—an
honourable connexion—l have discharged -the
duties of that connection faithfully---I have, per-
forMed the promise of my marriage vow—l have
abstained from all connection with other women—l
have kept My faith and preserved my affection en-
tire for my beloved wife—all -this I have perform-
ed--4ut .my feelings have -been wounded, and my
honour sullied by the•condud of the Defendant—l
am hurt in the tenderest point—l have lost the so-
ciety of my beloved wife, and I come, to :you for
such satisfadion as Men of Honour can give to a
man so injured. I do, not say that these are-The
wiirds.oline Plaintiff's Declaration in this Cause ;
but I much misconceive the very nature •Of this
Case, if he does not. tell you so in substance, and
this is the short-hand of.the.matter of complaint.
Gentlemen, from different situations in life,
different duties flow. All of you most probably
have• Wives ; and all of you, I am sure, know, that
.as Husbands, it is your, duty to be kind and affec-
tionate to your Wives, and that to be careless, of
your' Wives would be culpable in you ; but to fol..
low such pradices as may not only bring dishonour
on your family, but -even disease into your beds,
would be .most wicked ; for it must bring with it
misery and wretchedness.

. .
" If this Cause turned on the question of Adul-,
tery, I am of opinion there is in it sufficient proof
to support that allegation. I think that one of the
Letters, in which die Defendant calls the Plaintiff's
Lady his wife, and the child, his child, proves the
Adultery beyonda doubt., The claimi of the Plain-
tiff 'to your verdia rest on grounds such as' I have
already stated. The claim of the Defendant for
your verdit rests on two—That the Plaintiff has
contributed to his own dishonour and that he has
otherwise given up his right of Adion by his per-
sonal misconduct, on- which I shall not. here con-
clude him, but submit his case to you, which you
will judge of when you recolleit the Letters which
have-been read to you. You.recollea the , story of
the trinkets : the Plaintiff says to a friend, " We
are nor very gay here, but we are finely,dressed,"
&c. [Here his Loidship read theteiter of Mr.
Sturt,• in which it was stated, that Lady Mary
Ann, his wik, had received trinkets from Lord
Blandford, which he thought fitter for the Mar-
chioness—" but she was no favourite."] Why (said
his Lordship) was she no favourite ?—that 'mist
amiable woman is not a favourite !—What could the
Plaintiff mean by this passage in his Letter, if he
did not mean that his Wife was the favourite of the
Noble Marquis But it is said that the Noble
Marquis might make these presents innocently in
this family, for that he is the son of an illustrious
and wealthy family, to whom these things can be
of no object Is that the situation of my Lord
Blandford, as declared in this cause (alluding to
part of a Letter, by which there was notice taken
of the.mutual distress in pecuniary concern of both
parties) ; for a Letter has been read to you, stating
my Lord Blandford as one of the children of Adver-
sity, and distressed in his family affairs,"
Mr. ERSKINE•-•-" No, my Lord; that is the
Lcttcr of my Lord Blandford, adverting to the cir-
cumstances of the Defendant."

Lord KENYOti.--" It comes to the same thing ;
for I remember the Letter speaks in the plural num.
ber, when it adverts to distress, and says " We,"
&c. As to Mr. Sturt's circumstances, I know not
at present stand ; but ido remember
ltiswfattliiiee); rn
father, who was long Member for the County
of Dorset,; coming before me to justify bail to an
immense amount.' There is some proof of negli-
gence. on the part of Mr. Sturt towards his wife, but
I will pass over that.
" Gentlemen, the other points which remain are
most of all important in my opinion. I am to in-
form you what I hold the Law to be upon them---I
have considered the subject over and over again- -
upon that point of Law I never had but one opi-
nion. Whatever opinion may be expressed by
higherauthority, I shall aet upon it as the rule shall
be given to me, and as I am bound_ to do ; but I am
sure that my mind will never be convinced against
the opinion which I now hold, which opinion h
this—Howevet profligate a man may be 4efare mar-
riage, that is not to be imputed to him by his wife ;
nor shall it go, in any degree, against him in an
Mlion for Criminal Correspondence between chat
wife and any other person, because, however re.
probate, before marriage, it is the duty of the wife
to be faithful to such husband ; he being the than of
her choice, she must be considered as having
'undertaken to reform him—but, if &fur the
marriage, the husband becomes a debauched
vagrant, and pursues a course of profligacy and
prostitution ; that man may apply indeed, because
any body may apply, but apply in vain for damages
in a Court of Justice, for Criminal Conversation
with his wife. This is no new doarine of mine ;
for if we go to the other Courts, the Ecclesiastical
Courts, for instance, we shall find ourselves not
only, fortified in this tlotitine, but intrenched up to
the lips in it.—With them it is a constant maxim,
that if the party who is brought there to answer
for conjugal infidelity, can recriminate, and chew
the party complaining' has done the ,same thing,

there k an end or ttit suit: I speak %Cub respea, as,
I ought to tto, of the pr6ceedings'of Parliament, and
there 'also, if there be any recrimination faitly,
made out, there,can no Bill of Divorte.

".tientlemen, upon these questions I have-long
thought, and I have no doubt, sometimes said, that
in the administration of Justice, the Law of the
Land is never, More worthily put in force, than
when it aids the Cause of Morality and Religion,
and that it can never serve better purposes than
those.- It is a maxim in Courts of Justice, that if
a man comes into one of them, lie should come with
clean hands—We say to him If you Mlle to
complain on a particular subjez-t, take care that you
are pure on it ;" but he who comes and desires, us
to purify him, will be disappointedhis hands
should be clean when he appears here, he has no
right to call on us to go through the dirty work of
washing them for him. I think, neither Morality,
Religion, or Common Sense, direa, us to do any
such thing.—l am, therefore, clearly of opinion,
that thc fads here, which are not contoverted,
weigh down the casc—with these observ‘ations I
IcaVeit to your better judgments ; but Lam bound
to say,--that by Law, in My opinion, on
.the whole
of the evidence, this Mtion is not supported:"" '
The Plaintiff's Counsel thought, for a moment,
of 'preferring a Nonsnit to the ch4nce of --a verdi
but they did not take that course; and almost on
the instant, the Jury found a verdici for the Plain-
tiff—Damages tool.

The new Ballet of Darby and Joan, produced
for
the first time on Monday evening, at the RO/21
Amphitheatre, Westminster Bridge, has itisrlY `lc"
quited,- in the course of three nights, the name of
one of the best Dances, for laughable and powerful
incidents, the Stage has brought• forward for some
time. Laurent, in the charaler of Darby, keeps
the Audience in a roar of laughter. The gravelSpeetaye of the Iron Tower never appears
without
ensuring the admiration of every beholder; and now
that the new Pantomime of Puss in Boots has under-
gone the curtailments highly necessary, from the
manner in which it appeared on Monday, we may
-say, that Mr. Astley,. jun. has rendered it, 1”'
dicious, improvements, one of the most pleasing,
Harlequinades, enriched with all. the charms n`
Scenery (particularly the View of .Paris, and the
Fairy's Hall), that Las appeared for years.
Royer
Such superior attraaion is held, out by the Roy
Circus, Sr. George's Fields, as removes all woder
at the overflowing Audiences seen there every even-
ing. A Pantomime of such variety and excellent
as°Harhiquiti Mamaltke, or the British in -EgYP!'
must yield the greatest satisfaaion, since it abounds
with SC6les which afford the highest mirth, ar°
those also; particularly where the Invincible Stan-
lard is taken and presented to the expiring licr°'
Sir Ralph Abercromby, which are strongly
im-
pressive. The Northern Fleet, with thc real 7*'
is awfully
i awfully grand and animating. The Spe acle.
R naldini is greatly admired througioUt ; and
riding of young.Sttnnders certainly ttainPs.olll
first Equestrian of the itgo.

BIRTH.
Godolphin
On Tuesday last, the Lady of Lord rfan'-
013orile, of a son.

KENNET and AVON CANAL. •
1.. think it their duty thus publicly to
rrN
HE COMMITTEE of MANAGF,M _T
pyietors, that the Ald of Parliament solicited under the the
0
tioni given at the last General Meeting held at Bath, reflimt•
the Royal Assent on the gist day of inlay instant; at', the
by a Clause iu the Ad, a preference of subscribing f°' - r
s I°
few remaining
New Shares is secured to the Pnipnetor „it
Thirty .Days horn the passing the same; after whicii, sir.r
any remain, the SUbseription will be open to the PubbC*
large. by
',* Subscriptions may be made either personally, °Lai,
Letter (post-paid) at the Banking-house of Messrs. Haw' '
Davis, and Co. Bristol.
Bristol, zsth May, 1831. - apprize the
__..-------

tTO BE SOLD BY AUCTION, " the
At the Hawkstone Arms, .in or near Hawkstone,
County of Salop, on Monday the ,tst DAy of June (o,`
~
on the asth of May, as formerly advertised), at Fonro'CO
in the Afternoon, subject to Conditions then to bri'"
diced ;
A Very Choice FARM, situate in GREAT
A IL BOLAS, containing about t4c, A. ult. SP. s.tattibc
measure, be the same a little snore or less, now colart"7ll.4
Mr. Peki. This Estate lies in a very pleasant part 01 ~3
Countyc ofn Salop, and the Land is naturally fertile and"'
cultivated. t,
For Particulars apply to Mr. Dodson,. of Cound•
Shrewsbury ; or Mr. Lee, Basnett- street, Liverpool.

TO BE SOLI) BY AUCTION, ~, 40031
At the Hen anti Chickens, in Birmingham, 911 "• 000
the 3d Day of. June, at Four o'Clock in the Att%tve,
. (and not on the 27 tit of May, as formerly advertised)* i L'oti•
to Conditions- then tur be produced, in One or mac
as may be agreed on at the Sale; : . . f
A Very
I'IstHERV
at
ia.rluAaNbiceiF,
with
De
oEurSibTutkiidlialici,o:r:
tuate in the Parish of King's Norton, in the County ~A 140;
cester; on the Turnpike • ROad from- BirtninOtarn Woo 0,
ter, and distant a little more. than a mile from tllc' le to-
Birmingham, containing about Forty-sig Acrest;',4o4; l:, as
sure, more or less, in the possession of T. %"7"
Tenant front year to year.
_J.......".4

- . . .
T.o BSOLD BY AUCTION, the ell
At ille Lion, ii, Stratford-urn-Avon, n Thtirsdit),-Ani
Day of Julie, at Four o'Lloi.k in he ° Afternoon kia)-0 a
on the zStli,of May, as formerly advertised), in„bsic• tt vl
more Lots, as may be agrzed on at the Sall:, s"
Conditions of Sale then to be prothiced • SS.
161.N°1
PER FARM and Fit'Sgi-cOlip yi
it oat; Ite
• TATE, With convenient tiill-boildilliso --tt. utJ'7
1361101)cm, in the County of Warwick, coat:4lo4 sa,',ilitiii
Stature Acres of Land, in the possession of TirnothY ?,i'stio
about one mile from Stratforthupon-Avont
who 3140 holds from year to year. "this rstate is '''....ila
u titlr
Road to Birmingham. -:, r Id
FOP' particulars appli to Mt. Dodson, of '-'°l t 451
If Mak i
Shrewsbury ; or- of Mr. Warren,, Audioncer i .14,..- yee
Cent and Son, Attornies, in Birmingham; Or '4'.
Attorney-at-Law, LiverpoOl,
_____..;...."
on the rfarPr

FREEHOLD EST AT ES , SA LOP.
_ TO BE SOLD BY AUCTION,
rBol►
t the
Together or in Two Lots, on Monday ^zci June, 1"11
, -Angel Inn, in ,Ludlow, at Four o'elock, ~c,,a
TWO..:ELIGII3LE FARMS, caned G1,..;:05,
PosToN,colttainln'g 74, Acres and L1'i11,..„';,04
TON FARM,- and PAU) tV IN's ebl'Plet, cortitelil
32k) Acres, situate five Miles North East of Lodlo.r.o
from Year to Year, under Rents of more than ThirtY,e}thet
standing, Both i. arms lie convenient to be qcupied taut
forming one coMpaet f.state Wit" ' ii
oFrenseePe.a„ra...6t'elris_vroded and watered, and are 'opal& b°,,frbti'Or'
great improvement by Draining, and other Aood 11° t'i,.o'
at ail easy, ekp,:nce; Lim.stone and eiaal are near, 31 ly ar
°ably in the EState. Fora view of,the 11:.;:rnists.aPP
the Tenants.