The Sun.
London, England, 1805-03-04 00:00:00

FULLER V. LORD KINNATRD.

This was an Adtion .to recover the value of it
Bill of Exchange which appeared to have been
forged. The Plaintiffs were Bankers, and the
fentiant was alsd interested in a Banking-house.---
The Bill in question was purported be drawn by a
Mr. Foreman, at Dresden. According to the cus.
torn of some Bankers, Mr. Foreman, when he went
abroad, was furnished. with a letter of credit upon
different people on the Continent, His Bills were
paid by Ransom, Morland, anti Co. in the first in.
stance, and repaid by the Plaintiff, to them. Mr.
Foreman drew 13 Bills from Dresden, of which the
one, No. tt, tor 1211. 14S. was forged. It
was, however, paid by the D,:fetAints in the first
instance, and by the Plaintiffs to the Defendants
again, neither of them having discuss erect the for.
gety until some time afterwards, when Mr. Fore.
man came to adjust his accounts.

Without hearing any evidence, Lord ELLv NllO.
ROUGH said, it appeared that hoth• the-Plaintiff and
Defendant were innocent parties, and the loss must
remain where it happened to fall. There was no
reason to remove it from one to the other.—Plain.
tiff non.suited.

SATURDAY, MARCH 2.

THE HON. ALLAN HYDE GARDNER V. HENRY
jApp, E.

This was an Aclion for Criminal Conversation
with tilt! wife of the Plaintiff. The damages. were
laid at io,oool.
Mr. ERSICINE" The Plaintiff is well known as
a Captain in the Royal Navy, and as the son of Ad.
miral Lord Gardner,, who has been created a Peer of
the Realm for the distinguished services he_ :has
rendered, to his Country. • It is an aflliding past of
this case, that) in consequence of the illicit connec.
tion of the Plaintiff's wife, a proceeding has been in-
stituted in-another Court, to bastardize-the children.
Every well-disposed mind:must be seriously dia.
tressed at this circumstance, since the sun ' would
otherwise have inherited all the honours of; the
family. The fail ~now charged will be made out,
without any room whatever for controversy. The
Plaintiff mauled chip 14'14, Miss Adderley, in the
East Indies ; the ceremony was perforMed at Lord
Hobart's, .at Madt•as, who was present on the occa-
slim. Sir Alured Clarke will depose to this union,
effeaed with the observance of those sacred rites.
religion and Policy have enjoined. I shall shew
they lived happily together unlit the Plaintiff was
obliged, on his public ditties, to absent himielf from
his native land. :In—March, 1796, he was married;
and in December of the following year • he returned
to England: They remained in this Country until
the month of May, 1799, when Capt. Gardner was
appointed to.the Ruby ; and, subsequently to this
period he was nominated to
,the command of the
Resolution, of 74 guns,stationed in the British Chan-
nel. The utmost harmony prevailed between them
during all this time ; and so anxious did, the wife ap.
pear to avail herself of every opportunity to obtain
the society of her husband, that, on the Ship's coming
into port, she condescended to repair thither in the
Mail Coach; she remained at the port until his de-
parture, and then returned to the house which was
provided for her reception. In the beginning of Ja.
nuary, t Soz, Mrs. Gardner went on board the Reso- •
lotion,' and remained either on board or in port until
the 3oth olthat month. It was not until the 7th'
of February however, that the Plaintiff sailed finally
from England. The evidence will make it appear,
that after the 3oth of Jan. she could have no inter..
course with her husband ; but posterior to the 7th
of February', it was an absolute impossibility. To.
wards the end of July, t Box, Capt. Gardner returnedr,
when he found his wife pregnant. The length of
time that she had been in this situation must he un.
known to him; she pretended that she was advised,
by her Physicians, on account of her ill-state of
*health, not.to cohabit with him ; he consented, and
he,ofterwards found she was delivered, on the 9th of
December, of a male child. Comparing than the
dates, it will be seen, in a moment, that this child
could not be the Plaintiff's: On the 3oth of Janu.
ary, above said, she quitted this Ship; from this
date, to the 9th of December, comprises a periOd of
forty-four weeks and three•days; but if you extend,
the time io the ;Altai day of his sailing, there is still'
an interval of forty.three weck3 and two days. Both
these exceed the time of the gestation of woman by
the laws of nature. There have been many contests
on the precise limits on this subjea, and they occur
in some of our old books of lav6. • In Edward the
Third's'rime we have several, and more under Eli.

. .
'214- Leth ; the whole subject is summed up by, Hai.
grAv‘e, in his edition of Coke upon Littleton. There
it appears, that an infant was born per undecim diet
tort ultimumtempus legitimizmmulieribus covititutum.
legitirmuns temput,in that case,appointed by law
at the furthest, is nine months, or forty weekQ. But
we shall be able to establish that the Defendant is
atinally the father of the child. ' The Lady, I un-
derstand, is one of thc.most beautiful creatures that
the eye of man can contemplate. lam aware, that
when it is necessary that the husband should be ab-
sent on important duties, the loveliness of tlie wo.
man may be rather considered a misfortune than an
advantage. When an husband, from the accident of
situation, can proted the honour of his wife, then
thr beauty of the sex is not only the highest, but
the dearest and most desirable domestic ornament :
but when the natural guardian of her sacred virtue
is absent in a remote part of the world, however
such an acquisition may embellish life, the danger
of violation is serious and oppressive. It is impos-
sible, in this case, fur the husband to detail evidence
of the progressi stages-of this connexion, nor is
it all necessary, fur the proof of the lad is com.
plete."
Sir Alured Clarke, examined ty Mr. DALLAS.
The witness said t--" I was present at the marriage ;
the ceremony was performed in the Church at Fort
St. George. L?,rd and Lady Hobart were there,
and, I think, Mr. Addetly. The PEaintiff was
at Madras on duty ; he had the Command of a
Ship, and, I. believe, is the eldest' sun of Lord
Gardner."

On his cross-examination by Mr.GARROW. the
'Witness said :—" I (10 not know when 141 r•. G trd.
ner returned to England, or the Ship in which she
returned. She was very young and very hart:l4oloe.
I am unacquainted with the Defendant, but I under.
stand he is a nephew of thy Earl of Strathmore."--
Susannah Baker was nest called.—She sai 1, she
lived as servant with Mrs. Gardner: site went, in
July 1831, in an inferior capacity, but in August
she became waiting-woman to the Lady. She went
down to Plymouth with her, where Ole saw the
Plaintiff, who was then going to the West Indies.
They stayed more than a week there, and Captain
Gardner and his Lady appeared to be very fond' of
each other. When the Ship sailed her mistress and
she went upon a visit, for three months, to Mr.
'and Mrs. Wolsley's, at Brockton, in Staffordshire.
The Defendant was also a visitor :here. The Wit-
ness had no opportunity of observing, at that time,
any peculiarity in his endue. After they had
been in town three weeks the Defendant came fre.
quently to visit her mistress. They used to cor-
respond befere.
-Mr. ERSKINE.—" I am anxious, my Lord, to
ascertain, precisely, the dates, by this Witness, not
merely for the sake of this cause, for the proof is re.
dundant, but to assist the determination in the I-1 :use
of Lords."

Lord ELLt Neon oucti.—" It is not necessary to
go into what is collateral. The L no doubt,
will make due inquiries, and they will not look into
this cause for what should not appear -to it.'' * •
Susannah Baker pr.lceeded.—The Defendant saw
her mistress from time to time in town. Upon
particular occasion he came to the house, and went up.
stairs. The 'Witness was t ting . Ur... 1334; rews
bed.room when they entered. The Lady- said shc
came to look for a fan, and s!te desired the Witness
to go down stairs. and fetch her some broth. The
Witness complied, and when she returned they
were in the drawing-room. The bed • was much
tumbled, and one of the blinds was down. The
Witness then deposed to the visit at Poroonouth,
giving the dates.and particulars, as stated in the
opening of the Learned Counsel. She then cunti.
nued : the house of her mistress was in Portugal_
street. She used to go to the Defendant, who was
at Lord Strathmrlre's, in Conduit.street : his Lord.
ship was not then in town. She often went to din.
ner; the Witness accompanied her; and they did not
return frequently till four o'clock in the morning.
At Lord Strathmore's the door of the apartment
where they were was generally locked. • One day
Lord Hobart called in Portugal.street—(We under.
stand his Lorcidtip married the mother of Mrs.
Gardner).—The Defendant was then at the house ;
but as his Lordship came upstairs, hastened into the
back drawing-room, and did not make his appear-
ance while Lord Hobart was there. The Plaintiff
returned to England in July 1802 ; he was vet y
and was attended to town by the Surgeon of the
Ship. Her mistress was then in a state of pregnancy;
she did not sleep with her husband, and said her
Physician ordered her not to do 'so. They re.
moved to South Audley.street after ant return of
the Plaintiff. In that house -she saw the wife of
the Plaintiff and the Defendant in bed together.—
Her Lady was brought to bed on the Bth of Deem.
bet. It was live or six weeks.i.fter the bitth that
she saw them in the situalori she described. She
frequently left her mistress at Lord Stratinnore's,
where she remained all night, and she received di.
realm-is tip meet her next morning, about nine
o'clock, in one of the adjacent streets. At • those
. times Lord-,Strathinotessfatnily • were out of town,
.
and the DJenclant always opened the hall door for
her mistress. _

Admiral Caldwell said, " I have been intimate
with the Plaintif froM his infancy. l•knew. him
a Midshipman, a Lieutenant, and a Junior Ciptain.
I saw him a few days after his return, at Lord Qard.
ner's. I saw her a hundred times. To my taste
she was nota handsome wortain. They appeared to
me to live .affeetionately together. They were,,for a
year, next door to me in Charle3.street, Berkeley.
square. I cannot recoiled the time of his appoint.
tent to the Ruby, tint I remember his having un.
der his consmand the Resolution, upon the channel
Service.' His wife dined, and drank tea, and cams
to card parties at my house, as often as other peo.
pie.,, •
Mr. GARXOW, for the Defendant The first
Witness, Sir Aloud Clarke, from 'a point of con.
science, has desired me to add to his evidence what
before, from want of fCCUlitaidt), had escaped him,
viz. that he had seen the Plaintiff anti his wife since
his return to England. I am Counsel fur this on.
fortunate young man; but I wish to suppress no.
thing. I shall give. you little trouble, because I
seen conincell of your moderation. I am aware ytiu
must iiod a -Verdia fur the Plaintiff; but I believe
you will nut be diapoaed to ruin my Client. I am

. .
not inclined to quarrel with vercUal for lasge
riages where you see in art!:;( man engaged in a
long course of systematic scoltollion, violating al
the laws of honour and hospit:dity, cutting asunder
the ties of social ititereoutse, deb.otching the wife of
the friend of his youth ; and I :1111it, th.:t in nil stii:ll
cases, the datifiges ought to be consiat?rable'. .Here
you find a very young and I,aeautiful woinao left to
herself, where the guardian care of a hub trod was Most
necessary; and, on a visit to a fiiend, she meets with
this very young man, scarcely of age. 1-I,ir manners
arc engaging, and her beaq'y is the fain.tfrie topic of
conversation. Yet, ail the time they were in Soil.
furdshire, surrounded by temptations every hour,
their Condud was exemplary. You may cone& toil
from the testimony of the waiting woman, a chass-of
society who have the gakkest eye upon occasions
of this kind ; a curtain cannot be lowered, or a
counterpane deranged, without their feeling the
'most positive assuraoce of the guilt of the parties.
After this visit the lady came to town,: ,and the nd at
Operamet the Defendant. He calls upon her, and
she returns the compliment ; and this commence-
ment has led to the. melancholy story to which you
ha.se now reluslantly listened. The Defendant is
not only a very young man, but lie has no fortune ;
and with this observation I shall .commit him-to
your justice, which is the same as to entrust him
to your moderation ; for justice and moderation are
ever consistent with each other. My Client was
placed in a situation in which it was difficult to re.
silt ; he has fallen, as other (nett would have done,
expased to the same allurements."
Lord LENDOROUGII.—" As to the faft in this
case, there e.in be 00 doubt, independently Of the
Defendant having been discovored irk Lied with her
after the nativity of the child. The prior inter.
course, when the maid went d wn for the broth,
leaves very little uncertainty. We' have no regO.
lar account of the means by which the limits of vir.
rue and morality were cratisgreased; whether ill*
fendant or she were the seducer is left to con-
j.-dill.. It appears, however, that she conduae4
herself with little reserve ; she does oot put the bed.
clothes in order, or take any of those precaUtions
decency would suggest ; she cannot, therefore; at
that time, have been considered to have anyoleli.
cate sensibility for the chastity and &gni:7 of het
reputation. To the same conclusion must tend the
visits which took place when she stayed out to such
unseasonable hours. This is not the condud of a
woman in her situation, unless she had mit ely
abandoned all regard to character. It she was, by
her habits in life, of wanton manners, which' may
have led to the sedußion of the IlYfeodant, that
circumstance will go in mitigation of the damages,
and you will consider if this ought to he referred to
the class of aggravated cases.. It must be reool,
leelted, however, that the was under the peculiar
protedion of the law, when her husband wa7; called
to foreign service for the defence and gloty of his
Country. You are to examine into die injory.:Ohe
Plaintitf has sustained from the 10.. s of a Wootao of
the description you may colled from the eviderve."
AJI.TRYMAN..•-.41 We wish, my Lotd, to ask 3
question or two respetting the property of the De.

I,ol'd ELLENiOROUCII.-" It is the -quiniurr
of the Plaintiff's injury, nut. the situation ut tut
Defendant, whitTh ought to direa your Vetiliet.—
Thy latter should not mix itself with yout de.
termination."—Pirdia. for tbe Plainiiff—Damvo
10001.

COURT OF COMMON PLEAS, MARCH 2.

HEWLETT 2V. [HEWLETT,.

The Plaintiff and Defendant are brothers, anti
near neighbours, tesiding at Pinner, in Nlidd:mscx
The anion Was brought to recover damages for tie.
famatory words used by the Delendant'againSt the
Plaintiff's wife : namely, stating, that she had beer
a before marriage, and had afterwardS. proved
unfaithful to her husband's bed, The words were
proved to. have been uttered, first, by a female tier.
vant belonging to the Defendant, who, 'on being
calleitio account for the condud of this servant,
justified Iler expressions, and repeated then)
with many aggravationi, not only then, but severs'
timesaftertvards.

The damages were laid at 30001. The Deren,
dant had pleaded a jusrifirstion, which was nu
gone into. The Jury found a verdict, fur the Plain,
tiff—Damages 7501.

SEAMAN's W.NG ES.

SIRTWHIST EDMEADS.

This was an anion brought by Sailor agains
the Captain of the Lady Castlereagh East Indiaman
for z9l. 7s. 81. The case in question was, whethe
a SAlor, having signed articles for 355. in peace
hail, if War was commenced in an intermediate par
of the voyage, a right to have his pay advancer
to 4 Si. per month, the war price ? The Cour
and Jury 'were nt opinion, that, accoildtng to th,
usage and custom of the East India Company, h
was entitled..