The Sun.
London, England, 1803-07-04 00:00:00

of the. Tury,, a.veraiet against the'ibefendant for the
mos(serious injury that e-ould be coinplained of in a
Court of justice, The principle on which these
cases deptmoled, and'the circumstance,. belonging to
them, had iinfortnnately occurred .so .otten for dis.
cussiton, !that it was extremely difficult even for the
genius of his Learned Friend, Mr."Ettsxt NE, as he
ofitn said, to find any thing new to utter upon
them; but; however, if he had nothingsnew—ro
offer on them, he contrived to 'mit up his old Mate.-
vials in such a form, as to.have'all the charms of
`novelty to all who heard him. He should take tare
to conceal nothing in opening of this case
which belonged to it, for he knew' that if he did
not state them, they .would be stated with all their
force by his 'Learned Friend (Mr. ER•10 NE) on
behalf of the affentlani ; but it appeared to him
that they would nut -aff;et the Plaintiff's right to
recover in this ca-e.• The Plaintiff, he said, was a
Gentleman's servant, whh became acquainted with
his present wife in Linchlnshire. She was a fir-
.mer's daughter, they. were soon afterwards im .r-
-ried; this was in the year 178$, Tl,ey liVed• for.
some time happily together; but the -I'l,ollof
tuatiom ri gaited that he should attend'his Master to
the East Indies, winch he did, leaving hiS wile
comfortably situated; and he returned horbe ; they
then liv.ed together in indgivgs in Little King.
at Sr. Jones's. They ini4lit have continued
happy together, but' the Defendant, a man of rank
and tashion, a Colonel, thought proper to seduCe
the Plaintiff's wife, who is a hantkome woitian; and
he now kept her, in ilefiaece. of decency and.reli.
gion, in open and avowed adultery, riding ;;bout in
his curricle, and frequenting all places of gay re.
sort, and had two nby her; He was ready
:0 admit that the Plaint it's wile had hail a lapse
trurn virtue In fore the Plot ff married her ; she
had had 'a child by an 0111'2.r ratit,.-Getieral
Twent).man,but she had hewn reclaimed, and 'had
recovered her character for ehastity.betwe her mar.
dirge, and 1141 inanitaintit it until' she
educed by the Date tiaot, for which the Defendant
vas responsilde in damages, as he was in m..irals,
l'h.'re was no. (In —ohm hut that many woinrn had
lien reclAimed afier a lapse irni virtu y and had
leg lined their native modesty ; of this tfiere • w're
many happy nista: Ces in that excellent and humane
Institution the Mailalen liospitat, sit which his
Leo ned Friend ,0.11 One of Alit most excetlent
Go,idtans—not I' at he meant ph these person,
ohough reh.runed, npon a 5-nll,g woh those trm.des
Who ',ever Ist their honour , no, they were ahove
all' price ; hut he meant to contend, that when oi,e
of these I er•ons a ho!hail 'been union ornate, -had re_
covered her love of VlTrtte, it was a Crime To liCcitlCe
her again, arid Mary was tio(to be said in a Court
of joi:rwe that a Woman who had once had a lapse
froincnastity was tan- game for any one who May
line an inclinat ton to so duce her. He alrehended
that this was not a topic on which the damages
might he r. weed.. lie iii tight the Jury would
thcir damages, not • according' to the ori.
gooal misfortune tif the Plaintiff'', wile, hut accor.
ring Pi the detinquency of Ihe
.I>frlititot, which
tie'en.intaitied to b; veryeonsidcr ,ble in this
After some evid-tter was given , I the marriage,
and of the Plainlif drottlos wife livsog comfortdbl).
together, and alter now living with she Dolendant
Cnf. Roston, •
Bailey Was s ;(1, " lire
tre King..treet, Sr. 3 ,Ines's.' I was subi mnosed
n ;:e part 404. 80000, as *ea as for paid, Z
r on •inher Bird and his Wite coming from Lincoln
to L nginn ; it was rollout thirteen yeat'S ago,
: they too k apartments fu my house,
and continued there,• I b lieve, for five or six
n It was a furnished apartment. The hus.
)and was a servant, and, I believe, he i,l pt with
tis wife. Outing the time they" were 'inmy Douse
hey were very cotniortrible. I never heard any
listurhao ce. I saw Mrs. Birol at a house. of enter,
athment it, the ileikhhoUthoOd of this Ilan this

mornot,;.
On her Cf,l,,s-examination she 43;41, " TheSr came
tog-ibtr ,ahei't they toI:k my I !1:2,11,,g3 in Little
Jahies's.. They. 'had oLiy one room
it !ht. first
.fl-or ftirnishedi they paid S:x. shillings
Week for it. I have. seen her and him many times
at:, r they lett my lodgings ; they its,d to cal at
my imuse, but lit together. I ren'rm 'er Mid', the
l'hontiff Saying to me, "-.He waa gtao
4ot person to support her better titan he could."
I'his might he abunt a.mointi ago. He s:tWi,.." He
was glad she had one 'tn ii setter for l. tv than
" :He spoke Of • Colonel Roltoti at that time.
do Mit recolletibuf that way in the par.
kut.... wA,' s peaking of, coino,,i Boom, and
Bird said, he shouit he very wit,nl to to his
svtie lkore ;to he said, 4. lie was glad she had.
got iioirlebAuly that coWd do better for tier than he
could." He mentioned it 'to Me. He said, '' She
lived with the Colonel."
Lord ELl.swnottoUoil—,-‘.‘:Has not this alien
come .to! its If a. mart knows that his wife
is livihg in adultery, and acquiesces, he cannot
come intoa Court Of Justice to tolc:.for de images
for tht unlawful intercourse. Not only his he the
knowledge of, and acquiesces in the unlawful inter.
course here, but .he may, upon 'this eVidence, be
taken to have procured that intercourse. He may
be a very unfortunate roan, anti there may be much
to blame, 'perhaps, in the. Defendant but a man
• who acquiesces, and seem; ro triolee in what has
happened, can have ntl right olattionio this case."
Mr. GARROW, said, that nobody could doubt the
correctness of the
,principle laid down by his Lord:.
ship; . the .only thing that could be doubtful wa.,
whether the Witness did not mistake what she had
heard. • -
Lord ELl,lsl3oZouen observed, that this evL
dence came from a witness called on behalf of the
Plaintiff, and unless the
.whole of her evidence tugs
to be overthrown, the. Plaintiff could have no case;
Mr. GAR.RDW said, he could not impute it to the
witness that she invented this; he must admit her.
to he entitled, to credit,. else he should nut have
been instrueled to call her.
Lord ELLlNtsoitotroit--.M Z amafraidthat,some
ht fly has suggested this to this poor
,men, as .the
means of retrieving his circumstances.",--Plaintiff:'
notbuited.