The Sun.
London, England, 1824-01-30 00:00:00

SEALY V. BAXTER.

The COURT was occupied for a great part of the day in
hearing the arguments of Counsel in this case, which was a
question of disputed freight of goods on board the Lady Bank:,
sold at the Mauritius. in consequence of injury sustained in her
voyage from Calcutta, bound for England. We defer giving
the particulars until the Court gives judgment in the case,
which for the present is deferred.

SECONDARY'S OFFICE, BEDFORD-ROW.
BEFORE THE SECONDARY OF MIDDLESEX AND A SPECIAL

JURY.
CRIM. CON.
LAING v. DELAMARE.

The execution of this writ of inquiry excited a very general
interest. The room was crowded with exceedingly respectable
persons long before the hours fixed for the investigation. Mr.
Brougham has long been retained for the defence, and Mr.
Scarlett's talents were secured for the plaintiff's services. Mr.
Pollock and Mr. Wilde were on the same side with Mr. Scarlett.
Mr. Cooper was Counsel with Mr. Brougham.
The declaration having been opened by Mr. Wilde,
Mr. SCARLETT, after some preliminary observations, said—
Gentlemen, Mr. Laing, the plaintiff in this cause, is a gentle-
man of a most respectable family of the kingdom of Scotland;
some of the members of whom I am disposed to think are not
unknown to the Learned Counsel for the defendant. At an
early period of his life lie engaged in the sea service, and he is
now the master and owner of a vessel of considerable value,
which he has lately conducted from a very successful voyage to
the South Seas. About ten or eleven years since he married
the daughter of Dr. Steele, of Essex, a gentleman who is now
no more. He educated his family in strict principles of mora-
lity, and they grew up with honourable characters and untar-
nished fame. The unfortunate woman whose conduct has
made her husband so miserable was the eldest daughter of that
family, and there were, I am told, several daughters. After
their marriage they lived in the most uninterrupted felicity,
and, with the exception of those separations incidental to her
husband's profession, they lived together in the perfect enjoy-
menti thoseits endearments which the marriage state can
afford. of all The
frt of this marriage were seven children, five
of whom are living, the eldest being now ten, and the
ter Porolls wife was Charles-street, North-
ampton-square.
easithgthsreeleectere The place of residence which
yilolru.nLg
Up to the period of their last separation
there was no breach of harmony between them—their affec-
tion continued unabated—they enjoyed the most unruffled
tranquillity ; and when he took his last voyage it was the
expectation—the hope, at least, of both, that itwould indeed
prove the termination of those painful secessions, which,
however necessary and commendable for his family, were still
exceedingly painful to his wife and to himself. During that
voyage a correspondence of the most affectionate character con-
tinued between them, and Mrs. Laing's letters breathe the
purest, the most exalted, and the most ardent affection. In the
course of that voyage he remitted home more than six thousand
pounds. Meanwhile his wife was surrounded by her own friends,
in affluence—possessed of every thing that the heart of woman
could desire but the presence of her husband. Sheaccompanied
him to Portsmouth—she parted- from him with sorrow—she
watched the ship, and, in imagination's eye, saw her husband
after the vessel sailed, until he faded from her sorrowing vision,
and left her dejected and distressed. She knew that the period
of his return was uncertain, yet for the first year of his absence,
and I may say for the greater portion of the second, she was a
faithful wife and an affectionate mother, expressing the liveliest
sentiment of joy at the reception of any letter from her husband.
Her gratitude was, that Heaven had given her such a man. It
was in these circumstances that she had the dire misfortune to
meet with the defendant. He is, Gentlemen, an Attorney at
Law, and the son of respectable parents. His mother kept, I
understand, a respectable school at Romford in Essex, and some
of the sisters of Mrs. Laing were educated at her establishment ;
but she was a stranger to him. In 1823 one of the brothers of
Mrs. Laing became a candidate for the Stewardship of Hertford
College. On that occasion One of the sisters of Mrs. Laing came
to town on aViSit to her sister. It occurred to them that in the pro-
motion of Mr. Steele's election the services of Mr. Delaware might
prove advantageous, and accordingly an application was made to
him for that purpose, and lie was introduced to her at her house.
He devoted himself, I admit, to the interest of Mr. Steele;
to promote it he sacrificed much personal convenience. He was
married to a lady of respectability and fortune,_ by the death of
whose sister he obtained a fortune of 70001. He had a house at
Clapham, two carriages and.was partner in a house of respecta-
bility. At this time Airs. Laing was about 24 years of age, a
very lbeautiful and a very attractive woman, presenting the ex-
hibition of an amiable wife, and yet so young as to excite na-
tural desires in the mind of any man whose passions were not
suppressed by moral feeling. It appears that she excited such
a desire in the defendant's mind. After the canvass ceased the
intimacy continued.—The Learned Counsel then traced the ac-
quaintance into its intimacy, and through the various stages
that led to the elopement, which was subsequently detailed. in
evidence, and subsequent to her separation he read the following
letter from the mother of Mrs. Laing to her unhappy daughter—
Charles-street, Pith August, 1823.
" How shall I address you, my unhappy daughter? How
shall I be able to convey to your mind a sense of my affliction,
without breaking my resolution not to reproach you for that
which must, at any interval of reflection, weigh heavily on your
heart ? Consent then to listen to the dictates of your conscience—
fly from the presence of him who has sought your ruin—and rest
assured you will in the bosom of members of your own family
find a refuge, where nothing shall ever be said or done to add to
your sorrows, but all will contribute to your comfort. Harry
(her brother) will receive you. Let me again earnestly entreat
you to avail yourself of this only hope. Fly to some spot
where I can see you alone, and acquaint me with it ; and thus
prove you still retain a degree of regard for the peace of mind
of your too heavily AFFLICTED MOTHER."
The tone of this letter abundantly proved the mother's edu-
cation, and the following answer the unfeeling conduct of Mr.
Delam are :

" MADAM—I have this day received a letter from you, di-
rected to Mrs. Laing, which, having her authority so to do, I
have opened ; and in reply to it I beg to inform you, that it
is her fixed determination not to do that which you suggest.
" I assure you, that in returning so positive an answer I am
only conveying to you Mrs. Laing's sentiments ; and that were
I to give you any hopes of an alteration in her ideas, I should
only be deceiving you.
" I am, Madam, your obedient servant,
" JOHN DELAMARE.

" Mrs. Steele, 21, Charles-street."
The Learned Counsel concluded his clear and elegant state-
ment by calling on the Jury to decide in this case so by their
verdict as to prevent as far as possible the repetition of such a
crime—redress the injury of the husband, and punish the guilt
of the defendnnt.

Several witnesses were examined to shew that the plaintiff
and his wife lived happily together. Amongst them were two
sisters of Mrs. Laing, who were deeply affected. One of them
was taken out of the Court in hysterics.
Sarah Petit, examined by Mr. SCARLET lived as servant
with Mrs. Laing. I went to lire with her previous to Michaelmas
1823. The two eldest children went to school, and there were
three in the house. She lived in Charles-street, Northampton-
square; I lived with her until she left her house; she was very
attentive to her children ; they did not dine with her, they were
too small; Miss Kate and Master Benjamin slept in my mis-
tress's room; Benjamin was nearly two years old; another of
the children slept in my room. I remember that my mistress
received letters, and was frequently anxious to receive letters;
she was visited by her family. I saw Mr. Delamare for the
first time some days before Mr. Robert Steele's election ; I
never saw Mrs. Delamare there. One of my mistress's sisters,
Miss Anne Steele, was on a visit with her when Mr. Delamare
caned. At first he did not often visit her, but afterwards his
calls became more frequent ; she was very anxious about her
husband's return ; she always taught her children their prayers;
and when the two eldest were at home, they used after dinner to
drink, by her desire, their father's health. I recollect Mr. Dela-
mare asking my mistress to go to Epsom races ; she refused, and
said Mrs. Manning would be' angry if she went. He pressed her
to go, and on his leaving her he said he would call for her in the
morning. Ile called, with his gig, and my mistress wentin that
gig with him. She returned at 11 o'clock in a post carriage,with
Delamare. I believe it was not ins carriage. lie slept

44,
there that night ; I think he had slept there once before. 4.-k
slept in the hack drawing-room; my mistress in the front twa-
pair room, and in the three-pair room back. He came occa-
sionally to sleep there afterwards. He sleft there one night
' about a week after the races. I went to bed on that night
about 11 or half-past 11 o'clock. My mistress had gone up
stairs; I accompanied her, and Mr. Delamere went to his own
room. The children slept in herroom as usual. I heard some
one come up stairs. I heard my mistress's room open. I heard
talking in my mistress's room, but I could not hear what was
said. In almost half an hour I heard the door open again, and
some one on the landing, and it appeared as if she was holding
the bannisters and struggling. I heard her say,—" Oh, my'
God ! I'll not go down."- I heard his room door open, and they
went in. I heard her mention Captain Laing's name before
she went in. I did not understand how she used it. I entered
her room in the morning. I perceived at that time no difference
in her manner, but when I went up to dress her at eight o'clock
she appeared very low-spirited. She did not say much. I
thought she had been crying. Mr. Delamare sent for me that
morning, and told me not to make his bed before breakfast, as
his clothes were on it, and it would make them all over dust. I
said I would not, but, however, I did ; and the bd had the ap-•
pearanse of two persons having slept in it. My mistress herself
removed the sheets from the bed. Her conduct to her children
was very much altered ' • she did not attend to their prayers
as formerly. I recollect her going with Mr. Delamare to the'
Lord Mayor. I heard him tell her that she must go to the Lord
Mayor. She wished to dress very close, he wished her to put on
a certain hat and feathers. He appeared to have an ascendancy
over her at that time—he gave orders in the house and opened"
her letters. The day after they came from the Lord Mayor he
told me that he was going away, and told me where to find him ;-
and as soon as Mr. Jenkins or my mistress's sister called there'
I was to leave the children and join my mistress. On that
morning the children entered the room while Mr. Delamare and.
my mistress were at breakfast, and he ordered them to be taker:
down to the kitchen. My mistress did not see the childre:,,
after that. They went away about twelve o'clock. 1
ordered by Mr. Delamere to lock the children up in the kitclie7-.,,
that they should not see their mamma.
Cross-examined—I helped to pack up my clothes to folios.-
them, and I sent my box by Mr. Delamare's servant. This wa*
two months after my master came from Epsom. I don't know
the month he slept at my mistress's house : it's all gone out of
my head. I never told any body the story about the sleeping
there that night. After I made this observation about two
people sleeping in the bed, Mr. Delamare still continued to sleep
in the same room. I heard her say before that Mr. Delamare
wanted her to go. I did not advise her to go.
Did you not advise her not to go ?—I did.
Strongly advised her ?—Yes.
You asked her, perhaps, what would become of the children ?
—I did.

Upon your solemn oath ?—I did.
Said it was a pity for her to go away and leave the family ?
.—I didn't say that.
Did you not say what will become of you P—No.
Win. Jenkins is in the Navy Office, Somerset House.-1
have been for eight or nine years intimately acquainted with.
Mr. And Mrs. Laing ; they lived very happily, and she was'
most attentive to her children. I was acquainted with Mr.
Laing's concerns ; I witnessed his will about five years ago.
In his absence she managed his affairs, and he left her much
property. I accompanied them to Portsmouth • Mrs. Laing
was greatly agitated at the separation ; she kept 'looking at the
ship long after it sailed. He remitted bills and considerable
property to her.
Mr. BROUGHAM—Did you see her receive that money of
whatever it was P—No.

Then you know nothing about it.
Witness continued—Upwards of 6,0001. passed through mf
hands from Mr. and Mrs. Laing.
Mr. Buouciusza objected to, and Mr. SCARLETT sup-
ported, this line of examination.
Witness—The total amount was about 6,0001. that passed
through my hands from Capt. Laing. I was at school at Mr.
Delaware's father's. I saw him at Mr. Steele's election; I first
saw him, as I recollect, in company with Bob Steele, at Mrs.
Laing's house. In consequence of some conversation that
had with Mrs. Laing, I inquired of Mr. Delamare respectin:so
visit to Epsom Races; he denied that he had been there. Al-
most every time I called at Mrs. Laing's, I saw Mr. Delamare
there. I heard that he had spoken of me slightingly, and I had
a correspondence with him.
Mr. BROUGHAM—That was in writing ?—Yes.
Witness—ln consequence of what I heard from Mi. Man-
ning, I determined to kick Delaware, but as he appeared veil
penitent, I only spat in his face.—(Alaugh.)—l saw him with
Mrs. Laing before the Lord Mayor, where he charged me vitt'
an assault. Mrs. Laing accompanied, very showily dressed.
Her expences increased with her intimacy with Delamare.
delivered a letter to Mr. Delamare at Gibbs's livery-stables ;
it was directed to Mrs. Laing. I know Delamare's hand-writ'
ing, and I believe that (looking at tile letter read by Mr. Scar
lett) is in his hand-writing.
Cross-examined—I invested the money in public securitiegi
at Mr. Laing's request. Mrs. Laing has been at my chambers
with Mr. Delamere. I remonstrated I believe twice, with Mrs.
Laing, as to her intimacy with Mr. D. Once 1 saw her with
Mr. D. in Cornhill. I saw her in the first instance alone, and
remonstrated with her. She went into a shoe shop, and Mr. D•
joined her. They walked away, and I followed them. They
took refuge again, and I waited for him, and I called him
coward. They then went into a coach.
Q. Had you not a fortnight before this day made a promise
to Mrs. Laing to call Mr. 1). a coward in her presence ?
A. No—l said that even in her presence I would call him $
coward ; that is, that even her presence should not protect him.
Q. She having said that you had not called him a coward is
her presence ; was it not in compliance with a promise that you
made her a fortnight before, that you called him then a coward?
—That was not the cause of my so calling him a coward.
The question repeated by Mr. BRotrGitast—it is a plait
thing ; I said, wherever I meet him I said I'll call him a coward'
Had not Mrs. Laing told you that he had not been called
coward by you ?.__yes; and I then said that he should noti
have that excuse, for I would call him so wherever I met him.
Did you not say, that if she allowed Delamare to be her
mate, you would post him in coffee-houses specified by you
I certainly did.

Re-examined by Mr. POLLOCK.—I had remonstrated with
Mrs. Laing. She told me that he would not allow his nano
to be used as I had used it, and I wrote to him on the subject,
and I thought he behaved like a poltroon, and I then said I
would call him a coward whenever I met him. My reason for in"
terfering was,that I had been perhaps her husband's oldest friend.
By one of the Jurors.—The 6,0001. was lodged in Govern.
ment securities ; it is now in the plaintiff's possession.
The letter from the mother to the daughter was then read,
and also the answer to it from Mr. Delamare.
Mr. SCARLET have now, Mr. Secondary, several letters
which I propose to offer in evidence, in order to prove that 119
to the period of the last voyage, the happiness of Mr. Lail*
and his lost wife was without abatement. Some of them has
written during his last voyage.
Mr. BROUGHAM objected to the production of these letters,
and

The SECONDAItY was clearly of opinion that they could not
be received in evidence.

To prove the property of the defendant, Mr. SCARLETT
then called—

William Croggs, a collector of taxes, who lives at Clapham..."
He said, Mr. Delarcare's style of was that of a gentle'
man ; he kept one horse, but not carriage horses, the 9,
being job-horses, he had two maid-s, cant a four wheel ants
two wheel carriage, and lived altc:JAicr like a man of wealth
and consemiet.ce.
Mr. But:er r2sUed at Ingatestane, in Essex, for some time'
Mr. Dclamare lived there in the style of a gentleman. . •
Cross..ex:ln-lined—ln 1821 and 1822 he lived in Essex • he
thentemoved to town, having told me that he had made s
lucrative coAnect;

Mr. Moure kr..,i7 that Mr. Delaware received nearly 5001.
a-year with his wi:e, and he got some property on the death
his wife's sister.
This was the case on the part of the plaintiff.
Mr. BnouGilAm made an ingenious address to the Jury
the defendant. lie remarked on the circumstance that
mother of the plaintiff's wife had not been called to give test."
mony to their connubial happiness, and on the sufferings of
sisters of Mrs. Laing in the Court that day, he made some
servations too on the long intervals which occurred between the
meetings of the husband and the wife in consequence of Call
Laing's occupation. He left the case to the consideration °
the Jury—to their merciful as well as their just consideratioai•
They would award a compensation for the civil injury, and a°
award vindictive damages. So would they discharge the cow.
scientious obligations which their oath this day had imposed 011
them.
The SECONDARY, in addressing the Jury, called their 14;,
tention to what seemed to him a singular discrepancy in itf
speech of Mr. Brougham. He had complained in the ea;fi
part of his very powerful speech, that the mother had not DTis_
called, and subsequently he had attached blame to the plainciP'
and described his conduct as heartless and unfeeling in Pc
ducing so many members of his wife's family. Would itiL,
the mind of the Learned Counsel for the defendant have `7O
minished that heartlessness had he summoned the mother to
give testimony of her (laughter's fate ? The Jury would tan
the whole of the evidence into their serious consideration, a°,
say, by their verdict, to what damages the plaintiff was reas°
ably entitled for the injury he had sustained.
The Jury deliberated for a few minutes, and returned a lr.
for the plaintiff—Damages, 2,0001.

Printed and Published for the PROPRIETORS, at the 511'g
OFFICE, 112, Strand, by J. D. CARSTAIRS.

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