The Sun.
London, England, 1834-12-06 00:00:00

C°l3ltT OF KING" IsENOH_(THIS DAY.)

CRIM. CON.---DRRLIN 2% CARNEGIE.
Mr'
PLATT opened the pleadings, and
b44ritr• P. Pottocic stated the case. It wat an action
°ught by the plaintiff, an Assistant-Surgeon, of the 9th
se44eCrs, against a Captain of the same regiment, for the
"°n of his wife. He came before a Jury of his
r•nen to complain of the greatest injury that one
could inflict upon another. The Learned Counsel
said
he h •
s ould merely state the circumstances, as they would
3„ roved by the witnesses, and he would leave it to the
(1.," to estimate the amount of the injury he had received.
"r• Pollock here detailed the facts of the case as they
"e'e afterwards proved in evidence.) The defendant was
es,.,nP 'Dan, who had lived while in the army in a very
"nsive style. He had since sold out, and had received
mime three, or four, or five thousand pounds for his corn.-
slitui, and was the son of a Scottish Baronet, of corm-
• lajaDle property. From his station, rank, connection, and
th unaey as a brother officer, the plaintiff naturally thought
theat..tle defendant would be the last person to rob him of
lianr 1Y source of his happiness. He left his case in the
10,7 of the Jury, and he would leave it to their own
aaokun
of honour and gentlemanly
.feeling to estimate the
clef at of injury which the plaintiff had sustained at the
enuant's hands.
foottieutenant Daniel Alt—Was Lieutenant in the 63d
th In 1827. Became acquainted with the plaintiff in
arat' Year. He was appointed assistant-surgeon to the re-
companies of that regiment. The reserve compa-
-13; ,were afterwards removed to Dover. Knew Mrs.
a„-esliu before she was married, and also her mother. They
ta-r,re then residing at Dover. The plaintiff paid his ad-
lees to Mrs. B. there in the month of February, or
arch, 1828. Her mother was a widow. Witness was
ie,"ent at the marriage on the 14th of May, 1828. Mrs.
°Y, the lady's mother, was present. They went from
wiei.church to Sheerness. Witness dined at Sheerness
sif!" them afterwards, and they appeared to live on the most
itleetionate terms. Visited them afterwards at Hounslow,
TbSeaternber, 1830. Spent two or three days with them.
appeared to be very happy. Mrs. B. was a pretty
tz., esting young woman, and the husband was greatly at-
ot2ed to her. Heard of the elopement, and saw the
ctiff afterwards, in January, 1834, a few weeks after
te
PY vent. He seemed much altered, very unhappy, and
uncomfortable in his mind.
Cross-examined by Sir JAMES SCARLETT.
PQ-z 7 Lrhe Plaintiff had been stationed at Dover, from October
th to the time he was married. Heard B. was
toen ahout sixteen years old. Witness wasfirst introduced
11&:'\i rs• 13. at her mother's house by the plaintiff. Witness
wed that Mr. B. first met Mrs. B. at a ball at Dover.
k:ttless is now on the half-pay of the Royal Staff Corps.
kat; left the 63rd in November 1828. When wiaaesa
L Plaintiff at Hounslow he was attached t
kleers. q the 9th
4 •
P°c Julius Greenwood—Was farmerly Major in the
jo' "leers. Held the rank fur 17 years. The plaintiff
lOed the regiment at 1-,r-eds in December 1828. Mrs.
weNiu and her motller; Mrs. Roby, were with him. They
bialin private lodgings. Knew the family intimately.
to'' there some times. Met them at the house of the,
liaLeTl of the regiment. Was frequently at the plaintiffs
l'esc In 1828, 29, 30, and 31, and they appeared to be on
tat:, affectionate terms. Mrs.. B. was an exceedingly
sb,.''otoe woman and very ageeeable. The plaintiff was
a, 43.8 kind and attentive to her. In 1831 the regiment
Pll4,t,„Younslow—that was the last place witness met
jj"lt• Captain Carnegie joined the regiment at Hounslow
eecernber 1831. Does not know the defendant's family.
the r4ss-examined by Sir JAMES SCARLETT—Witness left
11,, regiment in 1831. The plaintiff was in barracks at
ti,„
rea "slow. There were not many married officers in the
anent'
euerick Gilder was Assistant-Surgeon to the Cold-
Lrai° Guards in Dublin, in the year 1832. The 9th
tirers Was stationed there at the time. Knew the plain-
bl and his wife in Dublin. Met them at parties twice.
ton • was remarkably attentive to his wife. She was
ait'sldered very attractive, and was much admired, although
tve11,,e55 did not adMire her. Saw plaintiff and her ride out
tear:., day with him. In October, 1832, part of witness's
Iviillent and part of the Lancers were sent to Carlow.
loin,ess accompanied the regiment, and Mr. B. afterwards
lie His wife did not accompany him, as witness be-
l'ae‘l'es," she was t'nen very near her confinement. Witness
It:as Mrs. B. was left with her mother in Dublin.
tharZets plaintiff being placed under arrest upon some
tqconnected with absence from duty. Witness re-
-1,e,c1 three weeks at Carlow, and then returned to
Pikibp-p;4.• Mrs. B. had not then been confined. The
hare' was uncommonly attentive to her, and she ap-
N to return his affection.
iv, Cross-examined by Sir JAMES SCARLETT.
en Witness knew them they lived in the barracks,
takitaliter Mrs. B.'s confinement they went to private
i,1608* Mrs. B. was very affable, but not more so than
there ought to be. Met officers of other regiments visiting
utg,ei:' but saw none of plaintiff's own regiment. Was in
Afsa when the regiment went to Gort. Understood that
40by went there with them.
of th
Lord DENMAN—Never saw, any levity on the part
e lady.Pitael4.l)tainLockwood belonged to the Dublin Royal Hos-
;Became acquainted with plaintiff and his wife in
", 183,2. Witness was formerly in the Line, and is mar-
half there. wTtrerpolaiii,natsiff and his wife about a year and a
great intimacy between witness's
and plaintiff's. The plaintiff and his wife were appa-
atiritly aer h
tVe4,rssaw tle"appy She was a woman. of great beauty. Ne-
slighiest indecorum in the manners of plain-
tweife, but quite the reverse. Met plaintiff and his wife in
vtry st society very frequently. Plaintiff's habits were
liart domestic. Mrs. Roby lived with plaintiff and his wife
1,401 t the time, and afterwards, for want of room, they
idn 4ot
014_T lodgings near the barracks. Plaintiff did not accom-
? troop to Gort, and was put under arrest. He re-
keate.et in Dublin because his wife was near her confine-
tioa f COl. Campbell refused to forward plaintiff's applica-
,iittror leave of absence. Plaintiff came to witness in great
!1:1 reels of mind, because he would not be allowed
'144 Pain in Dublin. The Adjutant-General afterwards
that from Sir H. Vivian leave for him to remain in Dublin ;
kat Was the way Mr. Breslin got out of the difficulty.
Gel; Plaintiff's wife had been confined plaintiff went to
bites After the elopement plaintiff came to Dublin, and
le, 4,s enquired after his family, and plaintiff turned round
hers, distracted state of mind, exclaimed, " I have lost
w.rid threw herself on the sofa.
Seir,liarn HankeY, Lieutenant in the 9th Lancers, in the
,74atirnoPany with the defendant—Capt. Carnegie's troop
7ere of one stationed at Gort. Witness and defendant
Lhe
1;1)„ Only officers stationed there with the plaintiff in
g-ernher 1833. Was with the regiment at Leeds,
Dogl4,
w, and Dublin. Was intimate with the plaintiff.
l'iail,a4t recollect visiting the family. Dined once with
tka,li..fi and his wife at Hounslow. Dined frequently with
Nlai' and his wife at his quarters in Gort. Plaintiff's
,INsa'ent towards his wife did not strike witness out of the
',4116-1,4, way as being attentive or otherwise. Recollects
Nis°"' of the 29th December. Did not see Capt. Car-
Nail. after that time at Gort. Witness lent a gig on the
ttlr gof the 29th (a Sunday) to defendant, to dine at a
'4(la-;llara's, of Raheen. Lent his servant also to de-
a.
'le- Saw his servant the next morning about the
t‘of the day. Saw the gig then standing in the barrack-
."°es not recollect whether he looked at his horse
Nt ean't say whether he complained of the state of his
ti()atdn't witness was ill at the time with a cold, and
aY. evening Mr. Breslin, the plaintiff, came to see
gal ; ' •
fh Plaintiff remained about an hour and left witness at
a'rast ten
ecl; , witness saw plaintiff next morning about 11
jts. L' Went into plaintiff's room at about 12 o'clock ;
got was not there ; can't say whether he saw the child
Ona,' might have seen it, but does not recollect ; saw
4eth -tit in August following in Scotland ; does not know
,e,risaer „ Mrs. was with him or not ; saw the defendant
4'4,3 at Bath, and subsequently in London, about the
ggari
i,ast month, in Waterloo-place ; remained about an
ao recd his company ; they partedß,s in Regent-street ; does
hit kpies_ whether Mrs.name svas mentioned or
a t 7 there was an action depending at the time ;
Be not
rnefend ant since in Bond-street ; Mrs. B:s name
ho tab, entioned then ; gave witness his address in. Re-
h; the ; does not recollect having ever been in the
apI•1„ la lie_fendant did not tell witness who was living with
C'gent-street ; has always been on terms of intimacy
krtk;Ptaln Carnegie ; heard and believes that Captain
j)Croste is living with Mrs. Breslin.
i °et° rocs-
by Sir J. SCARLETT—Was examined at
:14;1111; St Commons in Dublin on behalf of plaintiff—went
e "tUs ° "(wt. Plaintiff and his wife had three or four
tktattly-n the barracks. Captain Carnegie's bed-room was
ryethe °P.Posite plaintiff's sitting-room, divided by the turn
bsta'r-case. There was no other lady in the bar-
th Mrs. Breslin. There was very little society in
sale' .uourhood. Witness and defendant generally passed
13;:(e appli4' with plaintiff and his wife. Plaintiff and his
l
11,141 t fa,,etiroes dined at the mess. It is not a very usual
tae •
-•ladies to dine at the mess, but it is sometimes
ttittlte in Ci\illltain Carnegie latterly passed a good deal of his
Di
'tti :lueapj r• Breslin's apartments. Witness was there also
Yil) 3%a Saw Mrs. B. and Captain Carnegie sometimes
N
ok k zi son the sofa, and sometimes on each other's laps,
ai,1115 evne to knee. Plaintiff was rather inclined to sleep
tse're therenin2.sB, and often did so when witness and defendant
th re at e*. Has known him to be asleep for an hour or
hh part} p 4. a
•t c,ime • There was a very great intimacy among
a "ler Saw Captain C. and Mrs. Breslin paying one-
•ttoap,4,Deat attention. Did not think it uncommon for
1/4,4° eab°tf6Fer pay attention to a very beautiful woman.
44;1'1 C;h41,,,, to -
was more attentive to her than witness.
eeeti,rin Carnegie had applied for leave of absence
Mrs.-Robv was then in Dublin. Thought