The Sun.
London, England, 1809-05-13 00:00:00

LAW REPORT.

SHERIFF'S COURT, r
RIDAY, MAY £2.
CRIM. CON.
THE HON. H. WEL1.1.91.131r V. THR RIGHT HON. LORD

PAGET.
Yesterday there was an inquisition of damages In
this case, as the Defendant had suffered judgment to
go against Min by ,default.
Mr. GARROW stated the case on (be part of the
Plaintiff. He conceiven that it was the most dis-
tressing case of this description which ever fell with-
in his experience. In September 1803, the' n'Ar'
riage took place between the Plaintiff (who is bro-
ther to the Marquis Wellesley) and Lady Charlotte
Cadogan. Equal in rank and situation in life, and
attached as the parties were to each Ether, there was
every reason to expel as much happiness as the
matrimonial state arfards. He would prove by the
most respectable witnesses, that they were an ua•
commonly happy couple until the affections of LadY
Charlotte Wellesley had been seduced by Lord Pat:
Until then, the utmoat mutual tenderness and tilted
tion subsisted between them ; they had a fitu?llY
four children, for whomboth parents showed eV"
fondness, and nothing seemed wanting to the liar
,rb:anrseess:ve
croifidtelksi etnrooPwyle:d: 14itishPa' t his
Plaintiffoi 9fcitlotemDebsest
dri*ce taipcdiecua:pret.
accepted
alsat
that
high station in the State (that of Secretary to the
Treoccuap.oilerde)a,
ctohnesidduetriegbs
loefpawritli coif) situationhis
time,
11 eat.n.eds s aprriely.
vented. his giving quite so much of his company to
Lady Charlotte as when he had no business teattend
to. He was sure, however, that it would not be-
insinuated on the part of the' Defendant, that the
Plaintiff had been guilty of infidelity to his wife, Or
that he had ever withdrawn from her any share of
his love and affedions. During the times, howe"c`
in which he was occupied in business, Lord Me
had mule frequent opportunities of paying. thete,
at-
tentions to Lady Charlotte, which ended in ,
eloping from her husband, and living, as she
does, with Lord Pager. The marriage and la'
criminal conversation were confessed, and therefore
he should have nothing to prove but that the plain•
tiff and Lady, Charlotte were a happy and affeei°r
ate couple, until this felicity
,Was destroyed by we
as of the Defendant.. He could not conceive that
many circumstances could be stated in ealeou3til'ilt
of. the criminality of the Defendant. He could °-
plead the infirmity of youth overcome by unconuneu
beauty: he had a most estimable wife, to 1
his affedions and tenderness ought to have been '"i
elusively confined, and by whom he bad a fainilY
eight children. In some circumstances there 011s'a
ray of hope left to the ruined female, that the se'
ducer
there
might v
‘aas no occasion fter w aords
be
tltrcg
order of the HOUSe of Lords ,
forr
Id Cue
huassbioa
re st
for Lord Paget was a Married matt,-and coosequel;:i
ly could not be her
been 'thus brought down up
st on the Lady, with,'l,-0
any possibility of reparation, and the mo
tots
husband;
ovbhicanennpdttlie se;t u,e x
c but irlis ruin
t uiail
case
ilin
n
misery upon a most unfortunate husband.elil '
not see that :it was necessary for him to ildrp`!ll,o
,any topics to aggravate the case; such as it was, „,.,
left it in the ti,tods of the Jury, With the most
fed confidence, that they would dO what justice rr.
quired of their hathls.
The first witness was the Rev. Mr. Stooka
relative of the Cadogan family. He had LK— la
the habit of great intimacy with the Plailititf.
Lady Charlotte during the whole titne of- their 16
riage. Their conduct was Mutually kind, tenue,,.
and affectionate; and he. that until a 7Ya
short time before the elopement, they atiet_we,,t,'
perfeet pattern of domeatiO liappineii. He L'orc't:if
leave to
.state one instance, which made 'l_,g-eia'r
impression on him. If ever a party was tnawitilt,
Lady Charlotte to go to the opera, or any 05°1
public or private, she always went. twine first to
t:id
if her husband was ar home, in Which cage she,'_oi
with hire; and it was only whenherliesibana 75s ,
at the House of Corunions, or engaged in boin‘ '
thatu srldieGpeaortrogoke soeyt
Seymour time
Mr. Sydenham, also provetdimtehDatedaoniorifea ViticitildiasP°Prlll:tlid:
in which the Plaintiff and Lady Charlotte
lived. id bring
Mr. GARROW 83i'.t, that although Ile cou'
a hour oewitnesses to the saute point, he [ll°'4,
it would be, wasting the time of the Jury to O 0
es he taOlieved that tad would not be disPtictitj'behalf -
Mr. DALLAS' then addressed tbe Jury 01) rued
of Ot: 4X:feudal-It Ile agrced with hie 4*l

i

rend,
that this case ll'aS indeed a most diatresaini
one. Re had been perntively instraled to abstain
from every observation rending to justify, or to miti-
gate in any degree, the eriminarty of the Defendant
in a moral point of VitilV. He should therefore not
attempt to soften down or shade away the crimi-.
nality; and on the subject of damages, , he would
say, that Lord Psget would not be soliuitous about
the mitigation of damages, if he could suppose that
atty damages which a Jury could reasonably give,
would really be a compensation to the wounded
feelings and happiness of the Plaintiti. He thought,
however, too highly'of him to suppose it would,
and therefore did net suppose the Jury would give
any very inflamed dameges on account of his crinti,
salitY. This was an action for compensation in da-
mages for a civil injury, and it was nut a criminal
proceeding to punish an immoral ati. In. the point
of compensation to Mr: Wellesley, many pitmen-
stances which aggravated the offence of Lord Paget
were in no degree applicable : for instance, the
strong ground of aggravation was, that Lord Paget
'Was a married man, and had eight children. What
was this, however, to the compensation due to Mr.
Wellesley ? When a husband Imes his wife, is it
to him of any consequence whether the seducer is a
Married or a single man, whether he has eight chil-
dren, or whether he-has no children, or whether the
wife that has been unfaithful to him may marry her
seducer or not ? Certainly a hnsband could not ex-
Peet additional damages, merely because the wife
that had eloped from him was prevented from mar-
Tying the man with whom she eloped. He hoped
the Jury would weigh these considerations in their
iliscretion, and consider norso much the "guilt of the
Defendant, as the injury for which the Plaintiff
sought a compensation in money. The real circum-
stances of the case were these :—There had been an,
Intimacy between the Defendant and Lady Charlotte
from their earliest years. Ad innocent intithacyMas
to tams matured into friendship, and soon assumed,-
nn,other form. Both parties shuddered equally at
what they conceived the inevitable consequence of
this strong attachment, and resolved to struggle as.
much as possible against it.. At first they resolved
ft: avoid Meeting each other, but from the rank.,
they moved in in life, this was impossible.- Lady
Charlotte conceived herself strongly impressed with.
teligiona feelings, and Clew to religion to proted her
honour. This was n vain attempt.. That which
09r poet had put in the month of Eloise, Lady
Charlotte experieticed. In vain she addressed her
Prayers to Hearen...--Lord Paget was always in her
thoughts, and the master of heratfediens, Lord',
laget, on the other hand, who had chosen the ho-
rourable profession of arms, in order to avoid the
temptation which he felt he had nor force to resist,
sought for and obtained an,appointment on foreign'
service. 'He could' not banish the idea of Lady
Charlotte front his heart ; end those who knew him
cn,the foreign service state, that upon every occasion
~
appeared to court danger, and to seek fur death.
'unfortunately for him, he did nut meet it; for it
be had met it there, he would have fallen on the
,bed of honour, and the tears of his country Would"
nave bedewed his grave. But now Lord Paget,
Who a few months ago Was possessed of everything
In which happiness is supposed to consist, who was
`the theme and admiration of every British soldier,
Was ruined both in private esteem and in his public
.Seputation, and had nothing now to hope hot-to be
'rettittred to pass the remainder of his dari,ys in obti-
rt 'bad ben truly observed .by some
that if we coel4 leek into each net ees thern
Avi,°llld be no such-thing as envy in, the world. If
rose Vilio admired Lord Paget while he was gain-
ing honour for his country in Spain, could have
seen how this fatal passion wound like a snake
about his breast, and threeteoed to blast honour
!rid his peke; they would not have envied. Lord
Paget, however :illustrious they saw bins in rank or
Thilitaty renown. Re was snare that there , were
Some generons minds that could feel pity for the
situation into which Lord Paget had fallen. Soon
after his
,return front Spain, Lady Charlotte eloped
from her husband, and asked his prOteaion. This
proteklion, most unfortunately for hitoseil., lie gram.
td. He hoped the Jury would weigh all those
things in their discretion ; but, aboVe all, that they
would separate from the question of compensation
to Mr. Wellesley, circumstances which were quite
foreign to that question. .
The Chairthan summed up the evidence, and
Stated the case very shortly to the Jury.
One of the Jurymen, asked at what the damages.
Were laid in the declaration, and was answered at
$O,OOOl.
The Jury then considered for a few moments,
and brought. in their verdi& for the Plaintiff...Da,
Thages 20;0001.

4

x

Music.—The great Room at the Opera House.
Was opened last 'night for the annual Concert of
Messrs. C..and W. K.NYvirr.---Tl well-kneWn.
talents and private worth of the KN SWETT family
will sufficiently
eln aril account lot the vor,y numerous and
audience vvho attended. .The Concert was,
of the best order, it) point. of vocal and instrumental
excellence, —m„.
Miss PA RIO?,
Mrs, RI A Neill, Airs. VAvoltAN, C. and W. N'Y.•
VETT, MELD, SALE, VAUGII AN, BELLAMY, and
milAkalsow, most'
ably supported the vocal deport-
-7'ents'l4l4 BILLINGTON never sung better. Her
" Soldier 'fir 'cl') presented ni:w beauties, and was
encored. A new glee, "Oh ! my Love's like the
red and Rose," composed by Mr. W. KNYVETT,
was much admired and was encored. Mr. C.
NYvarr performed a Concerto on the Grand Piano
in the first style of excellence. The whole
vas well arranged and agreeably diversified.
It is said that Mrs, Si DEMI has: been induced to
enter into ah engagement to perfiarm one more sea-
-42n, and has concluded articles with the Covent-
Wrden Proprietors, in order to give additional eclat
to the new Theatre.

We received last night the Gawk de Prance of
the 3d inst. It contains an article dated Abo, thd
"Ci March, which states, that no the itith the
States of Finland were opened at Borgo, in presence
0f the Emperor of ItussiA, who received the oath
of allegiance from all the Members, and on the f,!,..?d
he set out on his rettirit to St. Petersburgh, *bele
he arrived on'the 7 ,
th April: -
The week before last, the leaden statue of King
Citroti.Es the Second, which stood at the Ca!4tle of
Glantatiit, was ttiroAzi down, and the'held-ttidprni
"It off and coined away. ' A reward of twenty 'gra-
fleas is otibred tor the di:wort:ly of the onlidc'rs.