The Sun.
London, England, 1824-01-19 00:00:00

TNDr A.

[From the Madras Courier, Aug. 15.]
SUPREME COURT.
CALCUTTA, THURSDAY, Jui.x24, 1321
CRJM. CON.

HENRY SWETENHAM v. ROBERT ADAIIt MACNAGHTEN.
Counsel for the Prosecution :—The ADVOCATE-GENERAL
and T. E. M. TURTON, Esq.
Counsel for the Defendant:—GEOßGE MONEY, Esq., the
Honourable Company's Standing Counsel.
Before the Honourable Sir A. BULLER.

Mr. TURTON opened the pleadings. This is an action
brought against the defendant for criminal conversation; with
the plaintiff's wife. The plaint was filed on the 7th of March,
and the defendant pleaded the general issue.
The damages were laid at 100,000 rupees.
The ADVOCATE-GENERAL then rose and addressed the
Court nearly as follows :—My Lord—On this occasion I need
not launch out into the topics usually dwelt main similar cases,
because, I think, it would he impossible for me, my Lord, by
any language of mine, to paint the injury done to my client in
darker or stronger colours than it must present itself to your
Lordship's mind. The defendant in this case is a Lieutenant
in the Army, and Deputy Judge Advocate-General at Cawn-
pore. Mr. Swetenham resides at Futteghur in charge of an ex-
tensive district. Ile was married in 1818 to a daughter of Mr.
Donnithorne of the Civil Service. It was a match in every re-
spect well proportioned—a match too of affection. She was
about 17, singularly beautiful and accomplished—the plaintiff
was about 23. For four years they lived together with a har-
mony and affection seldom equalled, and never exceeded. The
unhappy father of the Lady will tell you, that if his son-in-law
had any fault, as a husband, it was that he was too indulgent,
that he was so fond of his wife—that he humoured her in every
whim, in every caprice, and in every extravagance. It will be
shewn in evidence that they continued to live together in this
affection until this destroyer, the defendant, came to blast their
honour and happiness. In this state they were living, when in
September last, while Mr. Swetenham was on a visit to Cawn-
pore at the house of a Captain Blacker—the defendant, Mr.
Macnagliten, presented himself. Mr. Swetenham became
pleased with hia manners, which are, I understand, very fasci-
natisig ; and invited him to come and visit him at his house at
Futteghur. Whether from that moment he premeditated the
dishonour of his friend, or whether the idea of committing this
criminal act afterwards presented itself to his mind, I cannot
pronounce : for the honour of human nature, however, it is to
be hoped that the latter was the case ; but be that as it may, he
went to visit Mr. and Mrs. Swetenham in October last at Fut-
teghur, expecting to find them there; they were absent, how-
ever, in the district ; but Mr. Swetenham, expecting Mr.
Macnaghten, left directions with his brother-in-law to receive
him. He had taken his departure before the arrival of the de-
fendant. He had only returned to Futteghur two days, when
he was obliged to go again into the district, and considering the
short time his visitor had been with him, he felt it incumbent
on his hospitality, to invite Mr. Macnagliten to accompany him
on this journey. Those who know any thing of the unbounded
hospitality prevailing in the Upper Provinces, will not be cur-
prized at this. If indeed we are to repose no confidence,—to
have no faith in the purity of conduct of those around us,—
then is there an end at once, to all the intercourse of society.—
But surely blame can never be imputed to my client—he can
never be charged with want of caution—that he did not meanly
harbour in his breast a suspicion that the defendant was the
contriver of his ruin, a dark plotter against his peace and hap-
piness.—The defendant and a Mr. Mangles accompanied Mr.
and Mrs. Swetenham on this journey into the district—they
travelled in tents, and my client was under the necessity
of going daily to his Kutcheri, at some distance from
the tents in the discharge of the multifarious and press-
ing duties imposed on him in the management of a
large district, and of remaining until late in the afternoon.
The defendant occupied a tent near that of Mr. Mangles. In
the beginning of November, a short time after Mr. Mangles'
departure on his return to Futteghur, a Chooprassee of my
client's, thinking he heard some one call him, went into the
dining tent, and I leave him to describe the condition in which
he saw the parties ;—suffice it to say, that the dishonour of my
client was completed. The servants did not, at this time, in-
form their master of the affair ; for so great was Mrs. Sweten-
ham's influence over her husband, owing to his excessive fond-
ness for her,
. that they were actually afraid to mention it ; and
so it turned out that this intercourse went on,
and has conti-
nued up to the present time. The party returned to Futteghur
together; and it so happened that my client was again obliged
to go into the district shortly after. He left Mrs. Swetenham
behind him on this occasion--her house, however, was in the
same compound with that of her brother-in-law, Capt. Smith.
The defendant having learned the day settled for the departure
of re:y client, also fixed his, for the same day, to go to Cawn-
pore ; and it will appear that he must at that very time have
planned the elopement of my client's Wife, for he laid a dawk
for two persons. Mr. Swetenham had (not from any suspicion
of the defendant). for he had not then the most distant idea
of having any cause, and his mind was too noble therefore to
harbour aoy—but he had, for the sake of propriety, obtained
from Mrs. Swetenham, before his departure, a promise which
she most readily gave, that she would live during his absence
with Mrs. Smith, her sister-in-law. This, however, she did
not fulfil. While Mr. Swetenham was still absent and happy
in the idea that he had left behind him a loving and faithful
partner, he heard that the dishonour of his wife had been com-
pleted, and returned to Futteghur on the very night she had
eloped. When I ask for heavy damages for my client,—and I
do ask for most exemplary daniages,—l do not, I cannot, sup-
pose, that they will be admitted as any consolation to his mind
for the deep injury he has sustained : I ask this reparation, be-
cause the law has said that it shall be given—I ask it, because
justice demands that the crime of the defendant should be se-
verely visited on him—and I ask it, because, in proportion to
the amount of damages awarded will the injury inflicted on
my client be estimated in society. If, indeed, the misery en-
tailed on him could be estimated in money, I know not the sum
which could equal the measure of injury he has suffered. But
money can never restore to him his peace of mind, or bring
back to him, in virtue, the unfortunate lady now living—not
in happiness—with her seducer ; but it will mark the extent of
injury, and enable him to obtain at another tribunal the disso-
lution of that marriage, which is now only a dishonour and a
disgrace to him.

Mr. ABBOTT, Register of the Archdeacon's Court, examined
by Mr. TURTON.
(Paper shewn him.)—This is an examined copy of an entry
in the Archdeacon's Registry of Marriages, of the returns for
the Chaplaincy of Agra.
JAMES DONNITHOTINE, Esq. examined.
Is father of Mr. Swetenham's wife; at present married.
She was married in my house at Futteghur by the Reverend
Mr. Evans, Chaplain of Cawnpore, on the 2d of April, I 818:
Mrs. S. was, I think, nearly 17 years of are, or rather less :
Mr. Swetenhamwas about 23: Mr. Swetenham was then in
the Civil Service, and I have been so also for many years;
they had one child, a boy, now four years old. As far as
have seen the conduct of Mr. Swetenham, it was most in-
dulgent as a husband—almost to a fault. They lived most
happily together.