The Sun.
London, England, 1841-08-23 00:00:00

ASSIZE IN TEGLIGENCE.
HOME CIRCUIT—Croydon, August 21.
Bzfore Chief J- - 'Tr-

NDAL.)

,ustece
THE QUEEN AND THE TORIES BEVILL V. THORNBURY.
There are two points as to Which the Tories appear to This was an action to recover the sum of 551., alleged
labour under great misapprehension—First, they seem to to be due to the plaintiff by the defendant for meat,
forget washing, lodging, &c., supplied to the forget that by force of the Royal prerogative it appertains
'
defen-
to ti,e Sorereign aline to select and appoint the Members dant s wife, from November, 1838, to December, 1840.
of the Administration. This point was grudgingly con-
Mr. TINDAL opened the pleadings on behalf of the
ceded Plaintiff is the brother-in-law of the defen-
ceded by Sir R. Peel in his late speech at Tamworth .
dant, and both are attorneys. Plaintiff's sister married
bet his friends of the Tory press do not readily allow it, the defendant, Mr. George Thornbury, attorney in
although it is a fundamental article of our Constitution.
The second point to which I allude is this—that if her Chancery-lane, in the year 1893. They lived happily
Majesty should be driven by adverse votes of the House together until the year 1838, when, owing to the
defendant's intemperate habits and his otherwise ne-
ed' Commons to the hard necessity
er any oof a ppbligation ointing a
glecting the comfort of his wife, she was induced, on
Tory Administration, she is not und
the representation of defendant's nephew, a young men
to admit the members of it to her society, or to see
named Thomas Thornburg Tayloe, who assisted defend-
them all, except on occasions when official business shall
ant in his business, to quit her husband's roof. It
require the sacrifice of her feelings. Some persons
- was not sou ht to be denied that defendant's wife had
say that every Minister should possess the confidence
a
of his Sovereign. I will not argua againet this position, been seduced by and had lived in adultery with Thomas
.bThornhury Tayloe ; but it Would be proved by un-
of .girt beg le eve t observe, that it is stated in the 4th volume odoubted evidenceindeed it NV oula not, he understood, be
George 111. de Atiutphus's IlistOry, just published (p.- 30). that c.ing-,
-denied by the. other Aide—that the defendant was charge-
c fared that the eonlit ion .
Administraton of
Lord orth and Mr. Fox did not possess his confidence. dole with a condonation of adultery, inasmuch ash: had,
However, be that as it nag,
after knowing her to have had criminal intercourse with
' I contend that the point I :IL. Tayloe, received her back into his house, and re-
-
• cannot be pushed to a greater extent than this that a
stored her to all her conjugal rights.
.It was true that
_Minister is entitled to men:emend those acts to, his So-
yereign Ar
.i.qiieb lie is constitutiontilly responsible:
,but she had again quitted his roof, but that was in conse-
he is not entitled to prescribe -to her die domestic esta-
comfort, and there was no evidence to show nor reason que2ce of his growing intemperance and neglect .of her
blishment she is to keep, or the society she is to enjoy. to believe that she again incurred the guilt of criminal
Were it otherwise, our beloved Queen would be no
intercourse. Besides, she had this extenuating circum-
the
.Constitution she has a third of the
better than a slave in her own dominions. although by
stance in her favour, that defendant had unnecessarily
. b gid:rtive, and
the whole of the .execetive, power confided to her. put her in the way of temptation by repeatedly asking
her and Mr. Tayloe, a dashing, good looking young man,
Let us hope that the aristocratical oligarchy of the
e go to the theatre together, and instead of waiting to
country will pay due attention to these observations. to
receive them on their return, retired to bed, and allowed
They may be sure that the people of England will
them to take supper and remain :as long as they pleased
not permit her Majeety, who, has shown so strong a
.
regard for those civil.,aed religious liberties of the together. It was not under these circumstances, and
cOnsidering that the defendant was fifteen years older
couitry which the . house of Brunswick was brought
than his wife, to be wondered at that she and his nephew
here to protect, to be - insulted or trampled upon. . I
hope the time will neverearrive when it may become should form en attachment to each other, and that a cri-
necessary to raise the cry of—" To your tents, 0
initial intercourse should be the result. He (Mr. Tindal)
Israel !" again in this island ; but if such a necessity
would, besides, be able to prove that the defendant did
-
were o arise, it would be entirely attributable to the not seem to feel that he had sustained any serious loss.
t
by the withdrawment of his wife from his house. He,
doinineerina attempts of the few to coerce and control
thereibre maintained. that defendant was legally, as well
the many, who, as the oligarchs think, are born for no
other purpose than to contribute to the indulgence of as morally, bound to pay the amount claimed by the
their luxury and profigacy.—CorreSpondent of an. Even- plaietiff, defendant's wife's brother, as the executor of
sag Paper.
his another, who had paid for the lodgingand mainte-
nance of Mrs: Thornbury- during the period already
specified. He had no doubt that the jury, when the case
was fully before them, would, under the direction of the
Learned Judge, find a verdict for the plaintiff for 55/.,
claimed by him as the administrator of Mrs. Bevill, Mrs..
Thornbury's mother.
The Learned Counsel then called George Thornbury
Tayloe, who had seduced defendant's wife.—ls nephew
to the defendant. Had been assisting him in his busi-
ness for several years. Was often asked by defendant to
take Mrs. Thoreburt to the theatre and other places of
public amusement. • Defendant did not remain out of
bed till their return. They had supper prepared for
them, and were left alone. Defendant had been so ad-
dicted to intemperate habits for a number of years as to
have lost all feelings of susceptibility, and to be often in
a state of mental imbecility, bordering- on insanity. De-
fendant is fifteen years older than Mrs. Thornbury, and
did not appear to evince any anxiety for her comfort. •
This was the case for the plaintiff.
Mr. Peel T' then proceeded to address the Jury on be-
half of the -defendant. -The case was one of the most
monstrous kind he had ever known in the whole course
of his professional experience. The young man Tayloe
had tai., a advantage of the unsuspecting confidence of
the defendant, his uncle, and committed the 'double
crime of incest and adultery. And after having thus
conanitted the grossest outrage it was possible for him
•Ita pereeteate against
court his uncle and friend, he has: the
unbinshie audacity. .to time furward agaiest him ie
togdrag him amidst all his afffictitresetniclinfirreise
further 'very
ties .before the public. The Learned Counsel,
after seine
severe observations both on the conduct of
Ihe Plaintiff' in bringing forward a claim under such eir-
'stances, and on that of the witness who came for-
ward to support it, proceeded to contend that, as Ile
would be able to prove that Mrs. Thornbnry had left her
husband's 'house a second time, and lived in adultery
with Tayloe, she bad forfeited all legal claim on her hes-
bend, and that consequently the Jury must return a ver-
dict for the defendant.
The first witness called was Ruth Nabbed., • ,Witness
lived as cook in defendant's house for seventeen montks.
since quitting defendant's house. Mr. Tay-
loe here was' another servant he the house. Had been in
tetc.tilletr'l'he - habit of accompaneodtngpublic amusement.
Mrs. Thornbury
eairnelcomotilniegebpolmaee :o a Saturday, in Marche
Rtoemtheenitbheersatrteb,
1838. They vent, into the drawing-room. Witnesa had
occasion to go into the drawing-room, after she had gone
up stairs to go to bed. 'Witness stated to the other ser-
vant, when she went up to bed, what she had seen Had
ofspeaking to Mrs. Thorn];
not an opportunity
MI on
told her that, after
the Sunday, but on Monday wheat
could not remain she had seen on Saturday, she
might longer
she
in her service. Mrs. Thornburg said
..her
ago if she
se
did she would not give her charae-
eleased, but if she
aware of having done
ter; Witness said she was not_ , any
.110. of one. Mr. Tayloe
thing to reader her undeserving
came to witnese the same day, whale she was making the
bed, and gave her half a sovereign not to say anything
tboat what she had seen until next day. In about two
this 1 • Tayloe and Mrs. Thornbury teem hours. :eller Mr.
,sit together. - This was about twelve o'clock. Mrs.
that night at
Thornbury did not return to dinner, nor _
Mr. Thorn-
buryall. Abmit ten o'clock a letter addressed to ..
received. Gave him the letter next was morning,
it •
'out left the room when she gave him. He rang the
'e bell immediately after receiving it, and seemed ir r;
much agitated and unhappy in his mind. Mr. Thornburg
first said that he had a swimming in his head, and that
He
he must surely be labouring under some delusion.
added that mistress had run away with Mr. Tayloe, and
had said in the letter that he would not see her nor Mr.
Tavi-v, any innr,,, -and that all his effines to pursue them
would be unavailing. Believed that Mr. and Mrs. Thorn-
bury lived happily together..
Cross-examined by Mr. CHANNELL—Left Mr. Thorn-
bury's service on the Wednesday. Saw Mr. Thornbury
'ften intoxicated. Fetched spirits and soda-water for
him every morning after he rose from bed. Mr. Thorn-
bury must have known that Mr. Tayloe and Mrs. Thorn-

SPIRIT of the PUBLIC JOURNALS

FROM THE EVENING TAPERS OF THIS DA Y.
GLfella—The dislike width the Tories, as a party,
cher'ish towards the
.Queen. is a matter o' notoriety.
'Alley have tarien no pains- •
to eoriceal its existence, but
have manifested it in every possible way upon every oc-
ca.iion. They may, therefore, be said to glory in their
shame. It is; howeeer,- ri> less the d'uty of those who
process to be governed by another disposition, and con-
sider that affectionate and loyal respect is due from every
subject to the Sovereign, without reference to party pre-
diiections, to disabuse the decent part of the nation of
en epinion they might otherwise entertain, that die
changed position of the Tories might possibly have
change in their, disposition and language
towards the Illestrious.Lndy who occupies the Throne.
,geeing they are now 1:1;ely to attain the objecte -for
which thee coesented. to become the naaligners of
Royalty, dmighteerlainiy be expected that they would,
?cast, ine.,•'leritte their dislike, and from policy, in the
abeeuce of principle, conceal the mortification with
which they burn, on finding; that the Queen remain!.
1111filakpn in her 'attachrnent to the constitutional prin-
ciples to which s e has
manifested a preference front the
h
neeeent the seentee of g6vernnient was committed to
her hands.- -such th:nee. They have an arrear of
chagrin to pay elf. and ti 4- -do so with interest.
They, are not setisfied With 44btaining the government Un-
less 'they can also induce the Sovereign to be the mere in-
strument of their will, and thus seal the triumph they have
itch eved, by fraud and tbrce, at the hustings. It is not
enough for them that the Queen is prepared to act toward
the Ministers who may be forced upon her by the Puglia
meat, with the most perfect integrity as a Constitutions
SLveeei;en; these rapacious cormorants of power delimit
that, the prerogatives of the Sovereign, and even her per-
sonal predilections, shall be merged in those of the ex-
pectaiit Tory Ministry immediately it is formed; or she
must be prepared,
.as the alternative, to be aspersed and
insulted. A fresh ebullition of this low-minded and des-
picable malignity. has reached us this morning.
Tile Tories of Cheltenham appear to have, in 0,,
einli•en/aun Lock er-on, a journal which is neither re
strained by a sense of decorum nor influenced by appre-
hensions.~;• forfeitieg the countenance and support 0;
its fashionable patrons by any violations of courtesy or
even of decency when referring to the Queen. Hence
-;Is considerable popularity with that party, who have in
it an organ after their own heart. The following ebul-
lition of indecency forms the commencement of its last
leading article. if, taken in connection with the nume-
rous attacks of a similar character and tendency with
which many of their Journals have been filled, it do not
convince the most incredulous of the kind of treatment
witith our. beloved Queen will' receive from the Tories,
when delivered by the three of circumstances into their
h„,e6, we e now nut what will effect their conviction :
e The .I,..afw.c):ent of the great Te)litical struggle being
holy .90 t at hand, every day al moyo will present sonic
:feature of interest. It will be es will. THEN, just by the
wriy r:!pvt.l lion, to make a note of the present aspect
.ef the game really- opens—in order tae
i,,-tier to, understand its progress.
• .for2rnost, then, the Queen does not open
ParlLment in person, tor the first tune since her acces-
:nee. . Her M;:..eesty dues not intend to come to town at
all. Her Majesty means to make the future Prime Mi-
miter run backwards and forwards to Windsor, every
time ie may he 'necessary to obtain her gracious approba-
tion to any of the measures of his Government To
mach an extent is this to be carried, that it is even a mat-
ter of doubt whether the Address of the House of Com-
mons will not hare to go down to Windsor, by a deputa-
tion, thoueli it may be expected that the present holders
of eflice will influence have enough to prevent such an
ajj'ront being offered to the chosen of ' her people.' The
:leading Conservative papers choose to put their own
'eolour upon this, and say that her Majesty won't come
ti~eca.4e sae won't v ,-,eak the Speech written by Minis-
tere. Other% say her Majesty-won't come because of her
Nterci-,eing situation.
neutron in Ensiou
Why,

Mr. TV. Ward, late M.P. for the City, was charge 1 by
policeman 140 F. with having indecently expo,:ca him-
self'. The complainant stated that about twelve o'clock
on Friday night he saw the defendant against a lamp-
post, in Bedford-street, Covent-garden. Some females,
who were passing, called witness's attention to the de-
fendant, and on witness remonstrating with him on the
impropriety of hiN conduct. he called him an impudent
vagabond, and said, " Do you know you are addressing
tivoLiewun r upon which he took him to the station-
house, where he was afterwards admitted to bail.
Mr. Ward, in reply to the charge, said he had been to
the Westminster Conservative dinner, in Drury-lane
Theatre, and that when he'left (having been there seve-
ral hours) he was overcome by a pressing case of nature;
that he went to the most retired spot he could find, when
the policeman came up, charged him with indecently ex-
posing himself, and said that his conduct was disgrace-.
ful. He made use of other insulting observations, and
then took him (defendant) to the station-house, where
he was told he might depart, but he declared that he
would have the complainant's conduct investigated,
and for that purpose had now appeared before the bench
in pursuance of his recognizances. There were two me-
dical gentlemen present to prove that he laboured under
a complaint which rendered a call .of nature such as that
he had alluded to particularly- painful, and even dan-
gerous, unless immediately attended to.. He declared on
his honour as a gentleman, that there were no feMales,
or any other persons in the street at the time the corn.-
plainant took him into custody.
Mr. JARDINE said he did not think there was the
slightest ground fur the charge that had been made