The Sun.
London, England, 1844-03-05 00:00:00

PAGET V. DOLT,

The defendant in this case, a prisoner in the Bench under
judgment of the Court of Queen's Bench for a series of libels
on the Duke of Brunswick and Mr. Valiance, a solicitor, was
brought up in custody to plead to an indictment found
against him, two or three sessions ago, for a libel published
in the Age newspaper upon Lord Wm. Paget. The matter
arose out of the too celebrated case of " Paget v. Cardigan,"
tried last week in the Court of Common Pleas ; and the libel
complained of consisted in a statement to the effect that the
whole affair from beginning to end was nothing but what, in
sporting phrase, is called " a plant," on the part of Lord Wm.Paget to extort money from the Earl of Cardigan. The pri-
soner had tried, but ineffectually, to remove the indictment
by certiorari into the Court of Queen's Bench, for trial, and it
now came:on for adjudication in this Court.
Mr. CLARKSON stated the case to the jury. He said the
defendant appeared to answer an indictment which charged
him with having wickedly and maliciously published a libel
on Lord William Paget. Whatever might be the result
of this inquiry, there was no doubt that the plain-
tiff in the cause was a most unfortunate nobleman. It was
idle to suppose there was any one in Court who was not
fully cognizant of the circumstances which had recently been
published, concerning the wife of the noble plaintiff and the
Earl of Cardigan, and that upon the trial which was to test
the truth of those statements, a verdict had been returned
for the defendant. Neither he (Mr. Clarkson), nor his noble
client Lord William Paget, desired to question the propriety
of that verdict. They cast no reflection upon it, or upon the.
ury who gave it. They felt that the jury was not sufficiently
satisfied with the character of the testimony given on that
occasion, and that therefore they could not conscientiously
give any other verdict than that which they had done. The
subject matter, however, before them that day was altogether
different. It was a libel of the most cold-blooded and atro-
cious character. upon Lord William Paget, published by a
person who never cared for one moment whether it was true
or not, and who, having himself fabricated it, best knew its
utter and absolute falsehood. The charge of this fellow Holt
was, that Lord William Paget had wickedly and diabolically
attempted to tarnish the fair fame of the wife of his
bosom, with the view of extorting money from the
Earl of Cardigan. He was charged with putting his
wife into an equivocal situation, so that she might
destroy her own fair fame, and tarnish his own honour,
and destroy his own happiness for life—with sacrificing her
innocence and virtue, with the sole and horrible object of
wringing money out of the pocket of that wealthy noble
man. Now, no one was more anxious to meet and to rebut
this foul charge, than Lord William Paget himself; and for
this purpose he offered himself to be put into the witness-
box, and would be so put there, so that the defendant might
have every chance of substantiating his calumnies, if he could.
This, however, he could not do ; and it would be for the jury
to weigh all the circumstances, and the evidence that would
be adduced, and give the only verdict which, in his (Mr.
Clarkson's) opinion, the justice of the case would permit
them to do. _ _

Lord William Paget examined by Mr. DoA.Nru—l am the
second son of the Marquis of Anglesea, and have been mar-
ried to Lady Paget 17 years. I have a family of three sons.
The oldest is now 15 years of age. In August last, from
some communication made to me, I suspected the fidelity of
my wife, and on the 7th of that month I gave certain direc-
tions to my valet and a person named Winter. Up to within
three or four days of this time I was living with Lady Paget.
Upon this day I received a communication from my valet
Thomas and Winter.

Mr.WORDIWORTH here interfered, and said he apprehended
they were not to try the case of Paget v. Cardigan again. He
suggested that the particulars of the communication ought
not to be gone into.
Examination continued---I had a communication made to
me, and I immediately went home.
Mr. WORDSWORTH said the case might be shortened by
simply asking Lord William Paget whether, in point of fact,
as the libel alleged, he did get up a plan to entrap Lord Carr
di an and to obtain money from him.
- Examination continued—l had an interview with Lady
Paget, and afterwards sent a military friend, Major Close, to
Lord Cardigan, and subsequently gave instructions to my at-
torney to commence an action.
Mr. DoANE—Did Lord Cardigan give you a meeting ?
LordiW. Paget—He did not.
Mr. DOANE—Now, my Lord, I ask you, did you believe
the representation made to you by the parties referred to ?
Lord W. Paget---9n my oath I did ; and I do still believe
every syllable.
M. DoArm—Forgive me, my Lord, for asking you ; but
had you the remotest idea of obtaining money from Lord
Cardigan ? Sir W. Paget—Before God I declare I had not.
I had not seen the witness till five minutes before the time in
question, for twelve months.
Mr. DOANE—Had you any intention of making a "plant"
upon Lord Cardigan and your wife ? Lord W. Paget—On
my, oath, before Almighty God, no.
Cross-examined by Mr. WORDSWORTH—I never had any
intention of obtaining money from Lord Cardigan.
Mr. Wouuswourii—Was Winter placed under the sofa by
your direction? Lord W. Paget—He was. He was placed
there on two distinct days. -
Cross-examination continued—My action against Lord
Cardigan was, tried last week in the Common Pleas, andthere
was a verdict for the defendant. I rdad in the newspapers
that the jury returned their verdict without having the sum-
ming-up of the Judge. The man Winter, was examined, and
also my valet. I knew a gentleman named Hay. He was not
a constant visitor at my house at Portsmouth in 1842. I was
on intimate terms with him, because we had sailed together.
He never dined once at my house. I do not recollect hisbeing
in the library with Lady Paget and witness on any occasion.
I do not recollect having any altercation with Lady Paget in
Mr. Hay's presence. I cannot speak positively upon the sub-
ject, but I do not recollect having made use of an angry word
to Lady Paget. I never said to Mr. Hay that I was not easy
in my mind and proposed to Mr. Hay that we should take a
yacht, and live engarcon. I remember being at the Cavendish
Hotel last September, and Mr. Hay and a Mr. Fisk were
frequently there, but on my oath I never said that a se-
paration from Lady Paget would be beneficial to me. I have no
recollection of ever saying anything to those gentleman about
Lord Cardigan. I have no recollection of saying that it would
be a pity to quarrel with. Lord Cardigan, for I would get 50/.
or 1001. out of him at any time. I never said to Mr. Hay
;that the business was planned with my valet and Winter,.
but I did tell him all the circumstances, and that I had put
Winter under the sofa. I was waiting.in a cab in Berkeley-
square when I received the information, and it was upon
my going home that I struck Lady Paget. I know Mr.
Hamer, the attorney. Winter was his clerk. I also knew
Mr. Cassidy and Miss Bellew. I was one of the party who
accompanied Miss Bellew to Paris, and I understood there
was some proposal of marriage between Mr. Cassidy and Miss
Bellin ; but I apprehend it was broken off in consequence of
something which happened at Paris. The newspapers of this
country took a good deal of notice of the transaction at Paris.
On my return from Paris, I had some encounter with the
defendant upon the subject of an article in the Age, relative
to that transaction. I was introduced to him by Captai4
ArGrath. After I had been to the Age office, we adjourned
to a private room in a tavern in the Strand, and I remon-
strated with-Mr. Holt on- the article he had published, and
wished him to hear my version of the matter, and if he be-
lieved it, to act accordingly. I did not ask Mr. Holt to

spare my wife. I have no recollection of it; but I in-
tended to ask him to spare the feelings of my
wife and family, and not give publicity to a
gross falsehood in connexion with that affair. Nothing ap-
peared for two Sundays. He did spare my wife, but he did
not spare me, for he took my money from me. He did not
spare my pocket for an hour. He refrained for two Sundays,
but commenced attacking me again on the third, because I
did not complete the whole sum I had promised to pay him.
The defendant expressed his entire belief in my, statement,
and consented to spare the feelings of Lady 'William. I felt
grateful to him, even upon such hard terms as I obtained. I
swear that I do not recollect shaking him by the hand, and
declaring that I should feel eternal friendship for him. I will
not swear that I did not make use of the expression. I re-
member once dining with Mr. Holt after the transaction.
Mr. Holt came into the Hotel Fricour one day, when I
was dining there; and I believe we dined together, and a
gentleman named Gompertz was also there. I.have no recol-
lection of taking wine with the defendant, but I will not
swear I did not. I remember, upon one occasion, Mr. Holt
told rue that he could not, all at once, in one article, give
my version of the affair, but that he would let her (Lady
Paget) down easily. When it was agreed that this article
should appear, I undertook to take some copies of
the paper and I was to give the defendant thirty-five
pounds. I think that Captain M‘Grath was a party to the
arrangement ; but I will not swear to the fact. I went into
Mr. Holt's room when he was alone, and gave him 5/., and,
on two successive Fridays, I gave him 10/., as the money was
required on that day on which the paper was made up. A
great many papers were sent to my house, and I will not
swear there were not 5/. worth. These papers were to con-
tain the new version of the affair. I will not swear that
copies of the paper were not sent on the second Sunday. I
did not mean to say that I agreed to take 5/. worth of papers,
but it was arranged that a large number should be sent to
me, for distribution among my friends. I gave him 5/. on
one occasion, and 10/. on two other occasions, and I was to
have given 10/. more, but refused to do so. I don't recollect
whether, on the second occasion, the money was paid in one
note or two, but, to the best of my belief, it was not gold. I
cannot recollect whether I paid gold or notes on the second
occasion. _ _ _

Mr. WortnsvronTir.—Do I understand your Lordship, in
your present situation, to say you cannot recollect whether
you paid the money in notes or gold ?
Lord W. Paget—Although I am a very poor man, and
have not many ten-pound notes, I cannot recollect whether
I paid with a ten-pound note or not.
Re-examined—Although I may have been in company
with the gentlemen I have mentioned, Mr. Hay and Mr.
Fisk, I am quite sure that I never told them that I had
planted Winter under the sofa, in order to make a false charge
against Lord Cardigan. I told the whole story to many of
my friends. The transaction in Paris took place four years
ago, and it had nothing to do with the action between me
and Lord Cardigan. Lady Paget was to be spared from hav-
ing her name mixed up with what was called the Bellew af-
fair. The defendant said he was satisfied that my version
of the affair was the true one. After he had said this he
remarked that Miss Bellew was to give him 501., and al-
though he knew I was a poor man, still I should not
like to see him lose his newspaper, which was his bread, and
he then asked what I would give him. I told him I would
try and borrow 50/. for him. He said he would not be hard
upon me, and if I gave him 30/. he would do the best he
could for me. Upon the occasion of my making the
second payment, I said, I hope you will allow me to make it
in three payments, and he replied, -Willingly. When I gave
him the second payment, I promised to make up the 30/. in
four payments. By the advice of a friend I discontinued
making the payments, and ever since I have been made the
subject of attacks • that have almost driven me to self-de-
struction. I hold the rank of post-captain in the Royal
Navy. Mr. Wordsworth, the counsel for the defendant, was
the junior counsel for me in the action against Lord Cardigan.
Mr. J. Rose, attorney for the prosecutor, proved the pur-
chase of the paper containing the libel.
Cross-examined—Witness is an attorney, and acts as clerk
to Mr. Bebb, an attorney, whose name appears in the bill.
I knew the man Winter. I saw him last Tuesday, when the
action was tried, but I have not seen him since. I assisted
to conduct the case in the Common Pleas. I have not made
any search for Winter since the trial. He was examined
before the grand jury in support of this indictment.
Mr. W. H. Watts, a reporter, was then called for the
purpose of giving a definition of the meaning intended to be
conveyed by the slang term " plant," which he described as
applying to the case of a party entrapping persons into a
position to have the appearance of guilt, either to substan-
tiate a charge, or to extort money upon a false accusation.
The Clerk of the Court then read the words considered
libellous by Lord Paget, which are as follow :-
4' THE LORDS CARDIGAN AND W. PAGET.—Without any
desire to prejudice this case, which Lord W. Paget says he
intends to bring before a legal tribunal of the country, we
think it our duty to state what other people say. There are
very few persons in society who do not believe the whole
affair was got up for a specific occasion, and consider that it
has been neither more nor less than a ' plant.'
" We have heard it roundly asserted that a clerk of Mr.
Hamer, the notorious lawyer (Lord William Paget's friend'
at Andover, Patis, and other places), was placed under a
sofa at his Lordship's residence when the Earl of Cardigan
called there—we have heard that notwithstanding all that did
not transpire there is evidence! to maintain that it did! We
have heard that there is not the shadow of a pretext, not-
withstanding all which may be sworn to the contrary, to sub-
stantiate one tittle of ' damages '—and we have heard that it
is the intention of the Earl of Cardigan to indict the whole
party for a conspiracy. We can only say that if his Lord
ship has sufficient grounds to frame this indictment upon, and
that if found, he can transport the party implicated in any
such conspiracy, he will be doing society at large the greatest
possible benefit
-" In the absence, however, of all actual knowledge, what-
ever may be our suspicions, we at present only give the above
as on dits, and only say (if?) a word in which there is said to
be much virtue."

Mr. CLARKSON said this was the case for the prosecution.
Mr. WORDSWORTH asked whether the Learned Counsel
did not intend to call Mr. Bebb, and the person Winter, both
whose names were on the back of the bill.

Mr. CrAnxsox said he did not intend to call Mr. Bebb, and
he should certainly not call Winter as his evidence had been
already disbelieved by a Jury.
Mr. WILKINS complained of the course that was adopted,
and said that if Lord W. Paget were really anxious to have
the whole matter investigated, the testimony of Winter
would be very material.
The RECORDER said that the sounsel for the prosecution
was not bound to call every witness whose name appeared on
the bask of the bill ; and where a witness's evidence had been
already discredited by a jury, he thought that he exercised
a proper discretion in not calling hint
Mr. WORDSWORTH then addressed the jury for the defendant,
and said, the question they had to consider was, whether a
paragraph which appeared in the Age, a newspaper published
by Holt, was libellous or not. The Learned Counsel for the
plaintiff had stated that Lord William Paget was a most un-
fortunate man. He was truly an unfortunate man to have
been placed in the position in which he had lately
appeared before the public. He was compelled to
come into a court of justice for the purpose of
instituting an inquiry into the circumstances which
imputed infidelity to Lady William Paget, his wife,
and the mother of several children. He (Mr. Wordsworth)
had no doubt but the late trial between Lord William Paget
and the Earl of Cardigan would be fresh in the memory of
the jury. The alleged libel went to state that the placing of
the witness Winter under the sofa was "a plant," a defi-
nition which was liable to various constructions, and
did not appear to him (Mr. Wordsworth) to be libellous.
It also stated that it was the Earl of Cardigan's intention to
indict " the whole party for conspiracy." The alleged libel was
nothing more than a series of remarks on a mere topic of the
day ; it mentioned no name ; the words might apply to a
great number of respectable individuals. The paragraph
contained nothing more than an account of certain topics
current at the time of their publication, a mere inuendo, and
could not, therefore, be considered libellous. He denied that
the paragraph was intended to convey to the public the idea
that an action then pending against the Earl of Cardigan,
was to extort money from that nobleman. He was instructed
to say that no such intention existed in the mind of the
writer of the paragraph.
The RECORDER in summing up observed, that it had for-
merly been held that it was for the Judge to decide whether
the article which formed the subject of the indictment was a
libel or not, and upon proof of publication the jury were
bound to return a verdict of guilty. He had always been op-
posed to this view of the law, because he felt that it was the
proper province of the jury to decide whether an alleged libel
was so in fact; and a statute had since been passed which
carried out that view, and the jury were now the parties
called upon to say whether an article which formed the
subject of indictment, was a libel or not. The jury
would, therefore, look at the paragraph now in question,
and upon a careful consideration of all the statements em-
braced in it, they would say what was the fair inference to
be drawn from it, and whether it should be construed as
malicious and defamatory of Lord W. Paget. If the inuendos
ascribed to the article in question could fairly be taken as
conveyed by it, he apprehended there could be very little
doubt that it was a most libellous attack upon his Lordship ;
and the chief ground for their attention was, whether it was
merely a statement of supposed facts, or whether it was pub-
lished with a malicious intention to injure the character of
Lord William Paget. With reference to the proceedings
adopted by Lord William Paget, to stain evidence of his
wife's misconduct, his Lordship observed that whatever opi-
nion might be entertained as to the character of that pro-
ceeding, it was perfectly legal, and any gentleman who might
entertain suspicion of the infidelity of his wife was justified
in resorting to such a step to obtain the necessary legal evi-
dence, and it would not form any ground for accusing him
of a scheme to make up a case for the purpose of extorting
money. His Lordship then went through the whole of the
evidence, and concluded by leaving the case in the hands of
the jury.
The jury, after a short deliberation, returned a verdict of
Guilty.
The RECORDER Liid he understood the defendant was al-
ready undergoing a sentence of imprisonment.
Mr. DOANE said he was, and for an offence of the same
description.
The RECORDER then said he should remand the defendant
to the same custody from whence he came, and he would
confer with the Judges upon the subject of the sentence. I
he were to pass a 'fresh sentence upon him at that time, it
would have the effect of removing him from the custody in
which he then was.
The defendant was then removed in custody. •

POLICE INTELLIGENCE.
OINNs-oHuTAEwLLA.mr.
(YESTERDAY.)
THE ALLEGED MURDERUNI
—At the opening
of the Court, this morning, in reference to
the case against
Mary Carroll who was brought up before Mr. Cottinghain
late on Saturday afternoon, charged with being concerned
in the murder of Elizabeth Hobbs, of Bird-cage-alley, in the
Mint, Sergeant Sturgeon, M division, said that the prisoner's
husband
had absconded, and although every efforth d
a been
used to trace him, as yet it was unattended with success. It
was, however, believed that he was concealed somewhere in
the immediate vicinity of his residence, and that his object
was to remain out of the way until the result of the Coroner's
inquest was made known. The body of the deceased woman
had been conveyed to the parish workhouse, and information
of the circumstances having been given to Mr. Payne, in
whose district the alleged offence was committed, he had ap-
pointed to hold an inquest on the body this evening, and in
the meantime, had given directions that a post twortem
examination may take place. It appears that there are
a great number of lodgers in the house where the alleged act
was committed, and as " rows" were constantly occurring
there, when the deceased's cries of "murder" were heard very
little attention was paid to them, as they were of such fre-
quent occurrence, which accounts for the non-interference of
any of the people in the house when the prisoner, her hus-
band, and the deceased were quarrelling. The woman Car-
roll was taken to the county gaol, Horsetnonger-lane, after
the examination on Saturday, and was remanded till Wed-
nesday. It is expected that the Coroner's jury will have ha.
brought before them this evening, to hear her statement, if
she wishes to make any; but although she was recommended
by Mr. Cottingham to be silent at present, she has declared
to the police officers who took her into custody, her entire
innocence of having assaulted the deceased, and that her
death was produced from falling down stair; while she was
in a state of intoxication,