The Sun.
London, England, 1802-05-05 00:00:00

CERTIFICATES.

May 25. Mathew Coats Horsley, of Bread-street, London,
wax-chandler.
limes Lyon, of Savage-gardens, London, merchant.
Thomas Millar and James Hulrne, of Manchester, dealers.
William Earle and john Hemet, of Albemacle-strect, Picca-
dilly', Aliddldex, booksellers. '
Henry Willntott and Samuel Willmutt, of Beaminster, Dor-
setshire, - -
Samuel Broughall.-of Yeaton, Salop. miller.
Ralph Bleasc, of Liverpool, i•rocer.
James Cotter Bagshaw, of Savage-gardens, London, corn-
faaor.
John Grint, of Wandsworth, Surrey, corn-chandler.
Benjamin George, of Pope's-Head-Alley, London, needle-
niaker.

GRIM. CON.

INQUISITION BEFORE THE SHERIFF OF MIDDLE.

SEX AND A SPECIAL JURY.

THE REV. MR. MARKHAM AGAINST FAAVtETT.

This was an Aetion for Criminal Conversation
with the Plaintiff's wile, The damages were laid
at zo,oool. The Defendant had suffered judgment
by default, and the Jury were impannelled to assess
the damages.

Mr: EttsktlstE, in opening the unfortunate his-
tory of this case to the Jury, stated, that the
Plaintiff, the Rev. George Markham, was the
third son of his Grace the Archbishop of York. In
the year 1789 he married his present wife,
-Miss- Sutton, the daughter of Sir Richard Sut-
ton, Bart. of Norwood, in Yorkshire, a Lady of
great beauty and accomplishments, most virtuously
educated ; and who, but for the crime in which
the Defendant had involved her, would have
been the happiest, as she was the most beautiful
of her sex. The Plaintiff was a man who dedicated
himself co the clinics of his sacred profession, and
upon retiring to the Living to which he had been
presented, his principal objea in the arrangement
of his family and domestic concerns was, to lay the
foundation of, an innocent, peaceful, and happy
life. Ir was a ihost affecting circumstance in the
history of this case, that the Plaintiff and Defendant
had been bred up together from 'their infancy :
they had received their early impressions at
Westminster School, where they were compa-
nions and play-mates. The were afterwards fellow
students at'Christ Church, Oxford, and there ce-
mented the Itiendship formed in 'their infancy.
After they had left College, and the Plaintiff had
retired with his wife and family to his living in
Yorkshire, the Defendant unhappily came into the
same neighbourhood to reside. :the Plaintiff-looked
upon him as a brother, and admitted him i:Ito
his family as such ; he introduced hiM to the
the Lot(' Lieutenant of the County, recommended
him to every person of respectability, and behaved'
towards him with that real friendship and affec..
tion- which rendered the return the Defendant had
made base and wicked in the extreme. The whole
happiness of the Plaintiff was centered in the
bosom of his family, and a father, an husband,
and a member of his profession, he was irre-
proachable. No suspicions were excited by any
part of the behaviour of the Defendant, Mr.
Fawcett; and dreadful it was to state, that
the criminal intercourse existed five years ante-
cedeot to its discovery, and, that at the period
of the discovery, Mrs. Markham had become
the mother of nine children, seven girls and ,
two boys. The Plaintiff was thus not only de
prived of his conjugal felicity, but was placed in a
situation with regard to his children, too horrible
to describe. The Learned Counsel having proceeded
to enlarge upon the injury- sustained by the Plaintiff,
concluded a speech which may be truly described as
the moat cloqupt he has ever delivered upon a simi- •

lar subjeet, by an appeal RI the Jury for damages to
the full extent of the sum laid in the Declaration.

• The Adultery having been admitted by the De.
fendant's suffering Judgment by Default, there was
no evidence to that point.
His Grace the ARCHBISHOP of YORK, the
BISHOP Of NORWICH, Capt. MARKHAm, one of
the Lords of the Admiralty ; Sir Wm. Foutts,
and several other witnesses, deposed to the happy
and affeaionate manner in which Mr. and Mrs.
Markham lived together before she became the
vi aim of the Defendant's seductive arts. They
woke of her as a Lady whose mind had bun
formed on the principles of virtue, whose demeanour
was marked even by an excess of modest timidity
and reserve, and whose whole time was apparently
occupied in fulfilling the duties of a mother and a
She visited but seldom, and delighted to pass
her time with her children. The Witnesses all ex-
pressed themselves satisfied that no conduct on the
part of Mr. Markham, with regard to his wife, had
merited this heavy affiidion she had brought upon
him.

Mrs. Elizabeth Boys, who had been the house-
keeper and lady's maid in the Plaintiff's family,
said she always considered the Plaintiff as a good,
kind, and affectionate husband. She went to re-
side in the Plaintiff's family in 1795, and quitted
it in 1795, in-consequence of suspicions she enter-
tained of her mistress's infidelity, but which she
had no assurance of upon sufficient grounds, to
justify her disturbing the peace of the 'family
by communicating them to the Plaintiff. She had
endeavoured to discover whcther her suspicions were
true, by laying stones in the window by which she
thought the Defendant entered her mistress's
but she found them in the same place. Sh.t was well
persuaded the Plaintiff had no idea of his wife having
a criminal attachment to the Defendant.

Mr. Serjeant Bear addressed the Jury on the part
of the Defendant. The topics he principally
urged were, that, however the Jury might lament
the injury the Plaintiff had sustained, they were
bound, in estimating the damages, to consider
what would be a fair compensation to him, and
to what extent the Defendant was able to sa-
tisfy them. By giving excessive damages, they
would be delivering over the Defendant to the
vindiaive resentment of the man whom he had
made his enemy, and who would -doom him to int.-
prisonment to the last hour of- his life. it was not
consonant to the Law of England to-anake a civil
action the medium of infliding a criminal punish_
ment ; yet such would be the case by giving damages
which the Defendant would be unable to pay. lie
must either remain an exile in a foreign land, or re-
turn with the prosped of perpetual imprisonment.
The Learned Serjeant inferred, that the Defendant
had been compelled by his pecuniary embarrassments
to sell his estate ; and he palliated his offence by
ascribing it to the excess of his passions, • heated by
his constant intercourse with a lovely and beautiful
woman. He admitted he had ailed wrong, but he
hoped the Jury in punishing him, would temper
their justice with mercy.
Mr. BURCHALL, the Under Sheriff, recapitulated
the evidence, and the Jury having retired near an
hour, returned with a verdtd' for the Plaintiff—
Damages Seven Thousand Pounds!
This inquiry commenced about six in the even-
ing, and the Jury did not deliver their vei-dift till
twelve at night.

SPORTING INTELLIGENCE.

NEWMARKET FIRST SPRING MEETING.

moN DA ?, DShY 3.

Sweepstakes of boogs. each, h. ft. Ab. M.
Ld Milsintown's c. Pic Nic, by Mr. Teaae, Bst:,3lb.
Mr. Heathcote's c. by Pot Sos, Bst. 71b. 2
Mr. Dawson's c. by Mr. TeaLle, Bst. 41b.
pdMr. Watson's f. by Grouse, Bst. 2113.
Mr. Dawson's c. by Coriander, Bst. 41b. pd
Five to z on Ld Nlilsintown's c. Pic Nic.

Sweepstakes of zoogs. each, h. It. Across the nat.
Ld Darlington's Muly Moloch, Bst. alb. - a
Mr. Watson's Gaoler, 7st. 131 b. - -
Duke of Grafton's Flambeau, 7st. 131 b. - 3
Sir C. Bunbury's Eleanor, Bst. 31b. - - 4
Thirteen to S agst Muly Moloch-5 to a agst Gaoler ;-6 to
I agst-Flambeau ;-7 to 4 agst Eleanor.
Sweepstakes of roogs. each, h. ft. for s-yr. olds, D. I.
Mr. Lord's I.ignum Vitae, Bst. dn. - - 1
Nit*. Golding's Peace Maker, 6st. Blb. ' - - a
Mr. Fletcher's Allegranti, 6st. nib. - . 3
Ld Sackville's Dick Andrews, Rst. slb. - 4
Sir H. T. Vane's Rolla, Bst. 41b. - - Pd
Mr. Delmc's Surprize, 7st., 71b. - - pd
Mr. Heathcbte's Anniseed, 7st. 71b. - - pd
Three tot agst Lignum Vita ;—8 to a agst Peace Maker ;
ro to r agst Allegranti ;—z to i on Dick Andrews.
Mr. Fletcher's Al legranti, Bst. s,lb. beat Mr. Wilson's So-
phia, Bst. zlb. 13. C. looogs.
Eleven to 8 on Allegranti.

Mr. Whaley's Tuneful, fist. z ilb. beat Mr. Herring's Pu-
gilist, 6st. 41b. First halt of Ab. M. sags.
Six th) 4 on Tunetul.

Mr. J.. Neale's Hippona, gst. 31b. rec. ft. from Mr.
Cox's Rigadoon, 7st. Across the F let, toogs. h. ft.
Sir C. Bunbury's br. c. Orlando, by Whiskey, Bst. rec.
ft. from Ld Donegall's b. c. brother to Vivaldi, Bst. slb.
Across the Flat, zoogs. h. ft. both rising 3, yrs old.

The general satisfaaion Mr. OTT-,O'S Illumination
gave to the Public, has induced the Managers of
Ranelagh to engage Mr. SummEßs of Bond-Street
to exhibit it at the Fete on Monday next ; so that
the Nobility and Gentry will have an opportunity
of seeing this magnificent building completely
lighted, which could not be done on Thursday from
a v.ariety of circumstances and the confusion of the'
crowd.

LAW REPORT.

COURT OF KING's BENCH, SATURDAY, MAY-r
BEIORE LORD ALLE,NBOROUGII AND A SPECIAL JURY.

THE KING ajaitzst SMITH AND OTHERS.