The Sun.
London, England, 1844-02-27 00:00:00

tronins

LONDON, TUESDAY, FEBRUARY 27, 1844.

Til

Queen POMARE has written to the KING to demand
the fulfilment of the stipulations of the treaty which
assured to her the internal sovereignty of her country,
and to pray that she be maintained in her rights.
The KING, by the advice of his Council, not finding
in the circumstances reported, .sufficient grounds for
abandoning the treaty of the 9th of September, 1842,
has ordered the execution, pure and simple, of that
treaty, and the establishment of the French Pro-
tectorate in that island." _ _

The Paieis papers of Sunday, which were delayed
by the boisterous weather, have been received. The
underhand attack made by M. TRIERS on the Court,
in reference to the resignation of M. DE SALVANDY,
still forms a subject of discussion in several of the
papers. The Journal des Debats has written two
long articles against the line of policy pursued by
the ex-Minister, to-which the Constitutionnel has re-
plied with much warmth, but their arguments possess
no interest to the English reader. All the papers
give reports of the questions put by Lord BROUGHAM
and Sir GEORGE GREY, relative to the occupation of
Otaheite, with the replies of the Earl of ABERDEEN
and Sir ROBERT PEEL. The. National, which
loses no opportunity of exciting the bad passions of
the two nations, has a violent article on the subject,
attacks Lord BROUGHAM, M. GUIZOT, and every
party in fact that is opposed to the unwarrantable
step taken by the brave French Admiral. That
journal in these attacks shows not only great anti-
pathy to England, but states deliberate falsehoods ;
and among others, after alluding to British conquests
in China, it asserts what every one knows is contrary
to the fact, that England has opened the Chinese ports,
but insolently repels from them European commerce.
After the important intelligence, however, given
above, the affair now has little interest. The Cabinet
of Louis PHILIPPE has acted wisely and justly in
disowning the rash act of DUPETIT-THOUARS.
The Constitutionnel gives, on the authority of a
correspondent, very unfavourable news from the
Papal States. The discontent of the people, it says,
is no longer confined to complaints ; they have
commenced to act in a manner which shows their de •

IMPORTANT NEWS FROM

termination to resist the absolutist party. At Ra-
venna, M. CLAVARI, the head of the police of that
legation, was fired upon, and though he himself es-
caped, some of his escort were wounded. The fol-
lowing day a placard was found posted in the streets
of Ravenna, that if M. CLAVARI did not take his de-
parture forthwith, he would not.escape the next shot.
At saint Albert and Jaffignano, small towns in the
same legation, several Carribenees have been shot, and
the Swiss guard disarmed. At Bologna a peasant, who is
said to have been one of the insurgents in August
last, wished to enter the town, but was discovered by

be its objects, almost necessarily degenerates into
vexatious and objectionable details. It is the curse of
statutable remedies applied to minor grievances con-
nected with the economy of social life (whether these
regard the expense of legal proceedings or the diffi-
culty of obtaining—in certain cases of private
wrongs—prompt or effectual redress), that they over-
lay the case which they propose to succour. The
machinery is too ponderous for the object. It is too
apt to crush both the party who invokes its action
and the party against whom it is set in motion. The
credulous plaintiff who achieves success with such
an auxiliary usually awakens from his dream of
triumph to the luxury of discovering that he has
" gained—a loss." Independent of all objections to
some of the enactments in the Bill before us, on the
score of their unconstitutional stringency, and the un-
technical latitude of their phraseology; the same re-
sults would attend the measure, were it passed into
law, 'which have so generally attached to similar
efforts for the attainment of similar purposes.

the patrol, whom he immediately shot with a pistol.
The following day, at the funeral of the unfortunate
patrol, shots were fired on the escort, and neither
the murderer nor the others have been discovered.
And it is also stated that M. ALEXANDRINI, one of

the members of the special commission to try the in-
surgents at Ancona, had been shot in open day.
The French Funds fell on Sunday, in consequence
of a report that the KING had had another bilious
attack. At TORTONI'S the Three per Cents. closed at
82f. 32ie.

The petition from Durham against the return of
Mr. BRIGHT, which in the rage of defeat the Tory
party concocted and presented to the House of Com-
mons, has fallen to the ground. A petition more
groundless—containing allegations more false, and
charges more &void of all foundation, was never
brought before the tribunal of Parliament. After
months of labour, and the expenditure of large sums of
money, in the attempt to procure the shadow ofsubstance
for the petition (in which attempt the stews and sink-
holes of Durham have been raked), the petitioners
have been obliged to confess that they had no real
charge against Mr. BRIGHT or his election, and have
withdrawn their petition. If any case could have
been made, neither money nor inclination was want-
ing to sully the fair fame of the first great triumph of
free trade in the city of Durham. Mr. BRIGHT
stands the Member for Durham, and the petitioners
against his return confess that he was fairly, honour-
ably, and honestly returned.

In answer to a question from Lord BROUGHAM the
Earl of ABERDEEN said he had received no commu-
nication respecting a collision between the English
and French ships of war in the South Seas, and he
thought the report to which the Noble Lord had
alluded was very improbable.
In answer to another question from the Noble and
Learned Lord, the Earl of ABERDEEN said the King
of PRUSSIA had adopted some measures in relation to
the Polish refugees residing in Posen, but how far
those measures extended he was not prepared to say ;
but from the well known character of the King, it
would appear that whatever had been done was war-
ranted by the necessity of the case.
_ .

Lord CAMPBELL called the attention of the House
to a statement made by Lord RODEN relative to
Catholic jurors in Ireland, and especially to the case
of Mr. RICHARD O'GORMAN, which led to no result.

The Marquis of LANSDOWNE gave notice that he
would move that any instructions given in Ireland
relative to the mode of striking juries be laid before
their Lordships, and the House adjourned.
In the Commons, Sir T. FREMANTLE moved for a
new writ for the borough of Londonderry, to elect a
Member in the place of R. BATESON, Esq., deceased.
The Bury branch of the Manchester and Leeds
Railway Bill was read a second time, and ordered to
be committed.

Mr. O'CoNDIELL presented a petition from the Cor-
poration of Dublin praying for a repeal of the union.
The petitioners stated, among other things, that
1,500,0001. had been spent in the most profligate
manner to obtain the Act of Union. He also pre-
sented petitions to the same effect from various other
places, the total number of signatures to which was
387,864.
Mr. SIIARMAN CRAWFORD presented a petition
from Edinburgh, signed by 17,000 inhabitants, pray-
ing that-the grievances of the people should be taken
into consideration before the supplies were voted;
also a similar petition frolic Newcastle-upon-Tyne.
The Great Western Railway Amendment Bill was
read a second time.

After the presentation of other petitions and notices
of motions, which possessed little public interest, the
order of the day for going into a Committee of Sup-
ply was read.

- -
Mr. SHARMAN CRAWFORD moved that the consi-
deration of the estimates be postponed until some in-
dication should be made by the Government to re-
dress the grievances of the people. Colonel RAWDON
seconded the motion.
After a few words from Sir HOWARD DOUGLAS,
in explanation, Mr. W. WILLIAMS said he did not
think the Member for Rochdale had made out any
good case for the postponement of the Committee of
Supply. Had he taken another course, and pointed
out the extravagant expenditure of the Government,
the large army and the large fleet maintained in time
of peace, and moved that these should be fully investi-
gated before the estimates were voted, he would have
joined with him. The Honourable Member then
entered into lengthened details of the extravagance
of the Government, who kept up a larger standing
army than ever was known in the country since the
occupation of France.

PARIS.

RESTORATION OF OTAHEITE TO
QUEEN PO MARE.
(From the Times.)
We have received by extraordinary express the
Paris papers of yesterday.
The Moniteur contains the following
Government have received dispatches from the
Island of Tahiti, dated the Ist and 9th of Novem-
ber, 1842.
" Vice-Admiral DUPETIT TnouARS, who arrived
in the Bay of Papeiti on the Ist of November to
carry into execution the treaty of the 9th of Sep-
tember, 1842, which the KING had ratified, had
deemed it his duty not to adhere to the stipulations
of that treaty, but to take possession of the island,

Thus, the preamble recites that " it is desirable to fa-
cilitate the recovery of small debts and demands not ex-
ceeding 51., and to lessen the expense thereof." Within
our own experience, we have known summonses sued
out in Courts ,of Requests in this metropolis for sums
not exceeding 51. respectively, the expenses of which
have, not exceeded those entailed by the issue of one,
two, or three summonses, amounting, with Court
fees and all, to something under 205.; and there has •
been no difficulty, on a fair statement of a fair case
by the plaintiff, in obtaining from the= Commissioners
an order for the payment of his claim and all costs
incurred : and certainly no laelf.,of diligence in levy-
ing, where that proceeding 14' became necessary,
on the chattels and 'prolperty of. the defend-
ant. Take, fOr .example‘. the Bormigh of South-
wark The recbids Of, Ahalßoroui Court would
show, on the tine hank an luiteense amount of these
small debts thuS` rceoveredAncr paid 'fete Court, with
costs of process ; on the other, a large. y,early number
of debtors committed to the debtors' side of Horse-
monger-lane Prison, where such levy could not be
made, or did not satisfy the amount of distress or exe-
cution. And it must, in fairness, be admitted that
the Commissioners are, for the most part, good prac-
tical men of business, and quite as competent to
judge of the merits of a case brought before them,
whether as to the plea of defendant or plaintiff, and
as to the extent to which it may be proper for them
to use whatever discretionary powers they possess, as
any professional gentlemen who could be substituted
for them. Now the very first enacting clause in this
Bill (No. 2) confers on the creditor, in lieu of the ex-
isting remedy, a power which in practical execution
would be absolutely intolerable. Any such creditor
" in respect of an express or implied agreement, or of
the taking, keeping, or converting of any goods or
chattels where such claim or demand shall not ex
ceed 51.," may . . . " apply to any justice of the
peace for the county where the defendant shall re-
side," whether the subject matter of such claim shall
have arisen in such county or not, and whether the
plaintiff shall reside there or not ;" and such
justice shall thereupon grant a summons to the
defendant to appear before him, or some other
justice for the same county, at a time and place
therein specified, to show cause, &c., and, if required
by plaintiff, to produce then and there " any
books, letters, or accounts, or other documents in his
possession, which plaintiff may have specified." We
really marvel how gentlemen who bring in bills of
this kind can speculate so extravagantly on the care-
lessness or apathy of the House of Commons, aye,
and of the House of Lords, as to imagine that either
body would tolerate such flagrant encroachments on
the ordinary rule and practice of the common
law as these. Here, for the sake of a trumpery
demand, between 40s. and 51., the justices of
the peace are to be empowered to issue,
in effect, the most detestable of all processes
ever attempted to be enforced in England, since the
days of WlLKES—these quasi general warrants. A
man may have dealt with, and regularly paid, a
tradesman for twenty years. At the close of this pe-
riod he may have ordered, upon credit proffered by
this tradesman, 51. worth of necessary clothing and
provision for his family. Instead of being in cash to
pay the 51., as stipulated at the end—say oPthree
months—unforeseen circumstances deprive him of the
power, and so seriously damage his prospects and re-
sources, that he is compelled to go down into the
country in quest of an appointment which he has
reason to believe will re-establish his position. Per-
haps at the very moment which would have installed him
in the post, and enabled him honestly to discharge all
his debts and obligations, this 51. creditor pounces
upon him in Essex or in Kent, with this sort of sum-
mons, and destroys his own, as well as his creditor's,
best chances of ultimate payment. The same
creditor, if vexatiously disposed, may compel the
production of books, papers, and documents, in-
volving matters of the most delicate and confidential
nature, all of which are to be made patent to the
new jurisdiction in hunting for evidence, direct or
indirect, touching the demand for the five pounds'
worth of goods. The justices' signature is to be
sufficient evidence that he issued the summons, so
that where a point of law could be raised, and
. perhaps equitably under particular circumstances,
it is thus to be ruled beforehand against
the debtor, and in favour of the creditor. Witnesses
are in like manner, under similar summons, served,
whether within or beyond the limits of the justices'
jurisdiction, to be compelled to attend with books and
papers, on tender of their reasonable expenses. The
justice may adjourn the case; or, on the first hearing,
if he deem the claim well founded, may order pay-
ment of debt and costs. If claim not well founded,
or plaintiff do not appear, the justice may order
payment of costs to the defendant. And what of
damages for the sort of imputation thus cast on de-
, fendant, for his anxiety, for the contingent
mischief occasioned to him [by the issue of this
trumpery process ? Nothing. But it is not, we
hope, necessary to proceed further with the analysis
of a Bill which is thus palpably inoperative, because
insufferably oppressive in its present shape. We
reprobate all such needless interventions of Parlia-
ment with these minor matters, which are much
better dealt with by local Courts, that, despite of their
occasional inefficiency, have acquired a certain sanc-
tion and confidence with the public, by reason of their
promptitude and practical utility.

FIELDING, DT. BOWRING, and the CHANCEL-
LOR of the EXCHEQUER made some remarks, but, ac-
cording to the report, they were scarcely audible.
Mr. GISBORNE opposed the motion, which, on a divi-
sion, lost by a majority of 94, the numbers for
the motion being 11, and against it 105.
Sir CHARLES NAPIER then brought forward his
motion relative to the Board of Admiralty, and pointed
out numerous defects in the management of naval
affairs. His speech is not long, and will be read with
interest. After some remarks from other Members,
Mr. SIDNEY HERBERT brought forward the navy
estimates. The first vote was agreed to, and the
House resumed.
The Horse-racing Penalties Bill was read a
second time, and ordered to he read a third time
this day. .

The House adjourned at a Quarter to One &Clock

Madrid Papers of the 19th have been received, but
they are without interest. Alicant still held out on
the 16th.

The Three per Cents. were done on the Madrid
Bourse on the 19th inst. at 30 for cash, and 301 at 60
days, and the Five per Cents. at 20-a at 60 days.

The dinner to O'Connell is finally arranged to take
place at Covent Garden Theatre, on Tuesday the 12th
of March. The difficulties which had, in the first
instance, prevailed as to holding the meeting at the
Theatre, having been overcome, the occasion will be
marked by a festival on a very grand scale. The pit
and stage will form one grand area, on which the
tables will be spread, and a grand military band, as
well as a full choir of singers will add to the attrac-
tion of the scene: Many of the leading Members of
the Liberal party in Parliament will be present, and
several of the Peers have signified their intention to
attend. In fact, never, at any time, did the Irish
question occupy so large a portion of the sympathy
of Englishmen, and Justice to Ireland, never was so
favourably entertained as at present.

The mail from Scotland, by way of Newcastle,
did not arrive yesterday morning. The mail which
ought to have reached London on Sunday morning,
came up by yesterday's train. A very heavy fall of
snow, which commenced on Thursday and lasted
until 12 o'clock at noon on Sunday, had so impeded
the roads, north of Durham, that the Edinburgh
mail did not reach that city on Saturday, until five
hours after its time ; and, of course, too late for the
railway. On Sunday, the mail was again impeded.
The road was clear up to Darlington, and the rail-
way carriages passed freely and in good time. In
Durham and northwards, the fall of snow was little
less than ten inches deep, and the wind having
caused considerable drifting, the roads were rendered
almostimpassable. This was the cause of delay in
the mail, from which serious inconvenience to the
commercial world, must yesterday have been expe-
rienced.

Since we noticed the Bill before the House of Com-
mons for facilitating the recovery of debts under 201.,
and extending and multiplying the jurisdictions
hereafter to have cognizance of processes connected
therewith, another Bill, " for the more easy recovery
of small debts and demands not exceeding 51.," has
been put into our hands. It is of the same class of
petty legislation, which, however commendable may

JACK THE FIFER.—In the late Chartist outbreak,
one of the principal leaders of the party that attacked the
Westgate Hotel, was a man known by the name of " Jack
the Fifer." Upon seeing the insurgents defeated he fled, and
although very large rewards were offered for his apprehen-
sion, he was not heard of until within a few days past, when
tahletter t
elry aas
grreecaeti vmeadnfyr
ddtahtedV escapesirg this He states
that
he embarked for America. He has been offered a commission
as an officer in the army destined for Texas,

E SUN, LONDON, TUESDAY _EVENING,
_FEBRUARY 27,
_1844,

LAW INTELLIGENCE.

COMMON PLEAS.-(THIS DAY.)
(Before Lord Chief Justice TINDAL.)
LORD WM. PAGET v. THE EARL OF CARDIGAN.
CRIM CON.

This being the day specially fixed for the trial of the long
talked-of cause of Lord William Paget v. the Earl of
Cardigan, a considerable number of persons had collected
outside the Court of Common Pleas, at Guildhall, long before
the doors were opened. Shortly after the public were ad-
mitted every part of the Court was filled with spectators.
Amongst those who were present we noticed tho Earl
of Errol.

The Lord Chief Justice having come into Court exactly at
Lalf-past nine o'clock, the jury specially summoned in the

cause were sworn.

The counsel for the plaintiff were Sir Thomas Wilde,
Mr. Sergeant Talfourd, and Mr. Wordsworth ; for the de-
fendant, the Solicitor-General, Mr. Sergeant Chamaell, and
Mr. Peacock.

She then said, " Don't you knot tord William better than
that? If he should call and not flit iitd thre, he -Would
go stark staring mad, and go to all the policemen in teivii:"
Then Lady William hinted 'to him whether he was fond of
her. His Lordship then said Oh, indeed I am ; I never loved
any one as I do you. Ills Lordship then said, Is not Lord
William very fond of you? She said, Oh, no, he is
very unkind to me, he calls me all the d— d b—s
he can think of. Lord Cardigan said, Does he ?
that is very wrong of him. Then there was whis-
pering again. I did not hear the words, but I heard him
kiss Lady William again. He wished her good-bye, and left
the room. Lord Cardigan was there over two hours. I saw
Lord William in about ten minutes afterwaards in Charles-
street, Berkeley-square, and informed him of what I have
stated to-day. I received a note, in consequence of which I
saw Mr. Fisk. I saw Lord William Paget in Queen-street.
My, occupation was that of a solicitor's clerk.
Cross-examined by the SOLICITOR-GENERAL —I was here
when the cause was appointed before for December. I came
by myself. I came here about ten o'clock. I was not here
so early as half-past nine. I will swear that. I left some
time after I came. I did not go to Mr. Bebbs. I saw him
last week. I saw Lord William at his house in Oxford-street
the week before last. I never walked arm-and-arm with
Lord William. I never smoked arm-and-arm with him in
the street. I smoked on one occasion when walking with
him. I was not arm-and-arm with him. He -had an um-
brella, and I went under it. I dined two or three times witif'
his Lordship. When I went to him he used to ask me if I
would have a bit. I used to be sometimes glad to
get it. I drank with him—not wine. I never saw
any wine with him. It used to be half-and-half.
I dined sometimes with the sertatita. I first became ac-
quainted with Lord William when I was tletk. at Mr.
Hamer's the attorney: I waited upon him then several
times there. I have never been engaged in any swindling
transaction while at Mr. Hamer's. Lord William used to be
a great deal at Mr. Hamer's. I know a Miss Bellew. I don't
know what Lord, -William was doing with Mr. Hamer. I
know a Mr. Cassidy. He used to come there almost ev&y-
day. I know Mr. Gompertz. I don't recollect his being
there with Lord William. I don't know a person called the'
Marquis de- I3_ourbelle. I was with Mr. Hamer till 1842.
Mr. Hamer was in the habit of having a great many ladles.
I married a Young wife, and I. did not think it right that she
should wait upon them. Mr. Hamer did not threaten to
proseeute me for embezzlement. He n'exer charged me with
stealing. I left him on the best terms. I Was since employed
to take a Mr. Rigby for a Mr. Lewis, an attorney. I took
him and got 101. for my services. I was afterwards clerk to
Mr. Bartlett. I received money for Mr. Bartlett. I do not
recollect receiving money for him which I did not pay over.
I might or might not have received such money. I did-not
apply a portion of the money I received to my owe plITl3OBe,
There was I believe one wrong entry in the book I kept.
Since I left Mr. Bartletes • I have been out of employment.
I left him in July, 1843: I received 1/. a week f6r some
time from Mr. Bebb, Lord. William Paget's attorney. I. got
1/. from him with my subpoena. I am not to get any money.
I hope, however, that if- the trial goes on Lord William
will be kind to me. He will' be very ungrateful if he does.not.
Lord William gave me the-teat and waistcoat I have on me.
I met Lord William one day in January. Lord WU=
Liam has charged me with defrauding him about a bill of ex-
change. He gave me the bill to get it discounted. I did not
get it discounted. I heard:that he was angry about it. A
friend of mine has the drew the bill. Lord William
accepted it. I was to disconnt it. I went in a few days to
Lord William to state to hirmthe circumstances relating to i
the bill. The note handed tip s in my, handwriting. I wrote
it at the dictation of Miss Bellew. I did not send to him any
letters I got from Mr. Hamer. I took them to her. They
were in my custody as clerk. Before I went to Mr. Hamer
I lived with Mr. Swaby. He was a relation of Mr. Hamer's.
I lived with him as valet. I sometimes drove the coach from
Southampton for a bit of fun., I went sometimes to Epsom
Races. I never had anything to do with the gambling
booths. I was asked to go down there last summer, for
which I was to get 15s. or 1/. a day.
SoLicrron-GENERAL—Were you to act as a decoy or a
bonnet?—You may call it as-you wish. I heard of the
name bonnet. I was never one. -I was offered this through
a Mr. Weeks. He was a client of Mr. Hamer's. I don't
"know what I was to do at the races. I did not get my ap-
pointment till I went down. Beige I went to Mr. Swaby's
I lived with a family in the Isle of IN ight as butler. I should
hope that Lord William would be kind to me for coming
here to-day. I might have said that I expected to be set up
in a public-house, or that I would take the Clarendon if it
was to be let. I said a great many things. I saw Lord
William on the subject of the bill in March or February,
1843. I saw him since, but - did not speak to
him till I was sent for with regard to this business.
When I got the note I went to Mr. Fisk, Lord William's
attorney. I there saw Lord William at Queen-street. He
asked me how I was, and told -me something about Lady
William and other parties, which he said he did not believe,
for he thought that Lady William was as good a woman as
ever lived. He said, if she proved to be virtuous, he should
be the happiest man living. I at first did not like to go
under the sofa, but at last I consented. • The sofa has a val-
iance to it. I went under the sofa between one and two
o'clock. Lady William- was in the house at the time. Lord
William went up, and they came down together. There is a
stair-case and a landing-place. There is; a felling-door
between the two drawing-rooms. There is an easy-chair
near one of the windows. I did not see-Lord Cardigan sitting
on it on Saturday; Part of the sofa in the back room comes
to the folding-door. Lord William Paget went to Bryan-
stone-square on the Saturday. I heard that Lord and Lady
Paget were going to the opera, to a box which Lord Cardigan
had. John Thomas opened the sofa for me, and let the
valiance down. I could not see without lying on the ground
and keeping my face on the carpet. John Thomas was the
valet. He cape to relieve me, and said. that all was right,
and that I might come out. This was on the Sunday. I
spent the Saturday at home. I got a note on Sunday, about
3 o'clock, to come on that day. I intended to go under the
sofa in the front drawing-room on Sunday. I went under
the sofa in the back room after Lord Cardigan came. I got
in through a door on the landing. I have:not given accounts
of this several times. I gave an account to Major Close on
the Monday. I don't recollect saying that 4 remained under
-the sofa all the time. I think I told him I got out. The
account was in writing. I gave another verbally. What I
said to _Major Close I said in a very 'confused way. I
don't reeollect saying to Lord William Paget that I could not
see anything. I don't reccollect saying so to Major Close.
I will not swear that I aid or did not. I told two or three
persons-after the occurrence that I came from under the sofa.
I don't know what I might have said to- Major Close. I saw
Lord William the night before. I saw him- with3lajor Close
• the nett day. I am almost positive I told Lord William. the
night before that I came from under the sofa. I will swear,
that Plaid. I will not swear that I said so the next day. I
did not get any sherry before I went under the sofa. I
wanted something as I did not like the job. I did not agree
what .sum I was to get for the job. I don't recollect aperson.
named Mark Taylor, who lives in Upper "Baker-street. I
don't.recollect ever going to Baker-street`With Lord William
Paget. I know a person named Nathan, a sheriff's-officer. I
did not know that Lady Paget had come to, town. While at
Barlitt's, an application was made to me to swear an af&'
davit-. I agreed to swear it. I was asked by Mr.-Fisherandgot a pound for swearing it. In the .presence of Mr.
Fisher and Mr. Bartlett I asked what I was to be paid.
never said that if I swore to a particular part I should have
21. ' I did not say it in those words. Irdid not say I am
d—d if I will say that without having two guineas. I
might have said so with regard to the whole affidavit. Mr.
Fisher said what a pretty fellow you are to sell your master
forh pound. The master alluded to was Mr. Hamer. I
never on any occasion passed for the Duke. of Richmond.—
(Laughter.) Lord William Paget lived' 'at Mr. Hamer's
while I was there. I waited on his Lordship. I used
to answer the door generally. I saw Mr. Bebb on
the night before the last trial, and also on -the
morning Ofr the . - I also saw ' Lord William,
nothing passed between us except a salute. Nothing more
passed that I recollect. I walked as far as Gray's Inn-rOad
Nirith them. They got into a cab. I walked on till I came to
a: public-house near the Post-office. John, the servant, was
vtith me. I was left alone. John got on the outside orthe
cab into which Lord William went. I got here about ten:- I
cod not come to give my evidence. I was not even served
,vtith a subpoena. I did not think I was served well. I came
-down to show I was not afraid of appearing. I have -been
subpoenaed on this occasion. I am indebted to a person named
Slingsby. I told him before the trial I should be able to pay
shim soon. I told him I expected some'pounds after the trial.
'I expect some pounds now. I expect it from Mr. Bebb. I
'think I ought to get some because I should have been down.
at Southampton were it not for this, and I am out 'of -em-
ployment. I was not at Paris while Lord William Paget
was there. I was never in Paris in my. life. I might have
said that I was under the sofa in the front room. Persons
used to ask me about the matter, but I refused to tell them
the fact always. I think I said so to Mr. Fisher. I told dif-
ferent things to different people.. Mr. Fisher asked
whether his spurs were near my nose. - I won't swear that I
did not make this remark myself.
Mr. Taylor was called into Court, and. the witness said he
never was at his (Mr. Taylor's) house.- -I 'often see him. hang-
ing about Chancery-lane. •
Re-examined by T. WILDE—I leci Mr. Webb and Lord
William Paget to believe that I would come here on the
former trial. I asked them for two sovereigns, which were
refused. I did not like this. I was nek served with a sub-
poena. It was for these reasons I did ngt come. Mr. Bartlet
brought some indistinct charge against-me, which he said he
would not specify, but it would preverits him from giving me
a character.
John Thomas, the valet, examined-by Mr. Sergeant.TaL-
FOUßD—l was in the service of Lord -William Paget for five
or six years as valet. I engaged with him in .1836..1-was
away fbur years, and returned in 1840.' I am in his service
at present. I lived with him at Queen-street, May-fair.
Lady William was out of town. We, did not go to Queen-
street till Lady William came up to town. 'She came on
Friday. Lord William went for her before, but she did not
come. She and Lord William dined, On the Friday with the
Duke of Richmond. When she was going out, she gave me
a letter to take to Lord Cardigan,. at; '36, Portman-
square. The year before, in 1842,, ,Lord resided
in the same house. The Baroness Iu Rottenburg -resided
with her daughter. Lord William:: has -three sons. The
eldest is about 15. Lord Cardigan. :.used to visit them at
Queen-street. He used to come when-LordWillien was not
at home. He used to see Lady William. On Saturday, in
consequence of instructions received; I put Winter' into the
back drawing-room. It was about ten- miniftes before Lord
Cardigan came. I then stowed Whiter under the sofa, and
looked to see if he couldbe observed. There -are three win-
dows in the front drawing-room, and one in the back. Lord
William Paget was in the drawing-room whim,l.ord Cardigan
called. I do not know where then they met: -Ishowed Lord
Cardigan into the front drawing-room.. Lord William called
his lady up stairs in order that Winter mightiget under the
sofa. She then came down to the, -drawing-room with Lord
William, Loki William went out. ..LadyWilliani remained
in the drawing-room with Lord Cardigan..-.He remained for
about an hour. Lord Cardigan then weritAtp stairs, and I
went to, Winter. He was in apirspiration :when I went to
him.- -Lord grid Lady William dined early oh:Saturday to go
to the opera. About twelve o'clock on the following
day I got a note from Lord Willianr to take to the Earl of
Cardigan. It was addressed to his house in. Portland-square.
Before Lady'William went out Lord Cardigan called. Winter
had before placed himself in the came situation in the draw-
ing-room that he occupied before under thifsofa in the back
drawing-room. Winter and myself were,in the drawing-
room when Lord Cardigan knocfed. We were waiting for
Winter to get under the sofa. The:time had not arrived that
Lord Cardigan was to come. I answered thfi door, and saw it
was LOrd Cardigan. Lady William had left a message for
Lord Cardigan to say she should _be at home at six o'clock.
He asked if he could wait. I said, Yes. HeiVerit into the front
drawing-room, which was empty, Winter-being hidden.
The folding doors between the rooms were open,the blinds in
the back room were up, and those in the front one down.
Lord Cardigan asked if Lord William was -irt;Ltown. I said
he was gone to Woolwich. He asked if tWas-sure he was
out of town. I said I believed an. I went-to Winter and
spoke to him, and went to the great drawing-room for an
excuse and drew up a blind. Lord Cardigan said—No, no,
they will do as they are. however drew one of them a
little up. I shut the folding' doors, and Winter went into the
back drawing-room with me. Winter got under the same sofa,
and I returned down stairs. Lady William came in about
six. I told her Lord Cardigan was up stairs,-and she went
to him in the drawing-room. I went into the dining-room
with the door open to listen.- Lord Cardigan remained about
an 'hour and a quarter after Lady William had arrived. .1'

Mr. WORDSWORTH opened the pleadings. This was an
action brought by William Paget, Esq., commonly called
Lord William Paget, against Janies Thomas Earl of Car-
digan, for criminal conversation with his wife Frances. The
defendant denied the fact alleged.
Sir TiOMASWILDE said that his Learned Friend had just
stated the nature of this case, which was an action for a
criminal conVersation, brought by Lord W. Paget against ,
the Earl of Cardigan, and he was sure it was enough for the
jury to know the nature of the case, and the station of the
parties concerned, to ensure their serious attention. Con-
sidering the station and intelligence of the jury, he would
not waste their time by going into any of the details of the
case. They would see that the case was one which, if satis-
factorily established by evidence, was of a very serious na-
ture, and one upon which they were called on to exercise
their best judgment. He would content himself with,
barely stating the facts he was instructed to lay before
them in evidence, and he had no doubt but they would give
a full measure of justice to the plaintiff, if they were
satisfied he had proved his case. Lord William
Paget was the second son of the Marquis of Anglesey,
and was connected with some of the highest families in the
kingdom. The Earl of Cardigan was also a nobleman not
perhaps unknown to them, and for many years he and Lord
Wm. Paget were on terms of familiar intercourse. He was
a person on whose honour the plaintiff thought he could rely
with confidence, and that he would not abuse the friendship
which subsisted between them. However, on a late occa-
sion, from some intimations which reached Lord William,
he had reason to believe that an improper intercourse had
arisen between his lady and the Earl of Cardigan. In the
month of August, Lord Wm. Paget went to reside in Queen-
street, Mayfair, and from what he had heard he resolved upon
taking steps to ascertain whether what he had heard of
his wife was correct or not. Lady William Paget had been
out of town, and came to the house in Queen-street oh
Friday. On Saturday, the sth of August, arrangements were
made between Lord William Paget and a person of the name
of Winter, that he (Winter) should place himself under the
sofa of one of the drawing-rooms where it was supposed the
parties were likely to meet, make his observations, and re-
port them to Lord William Paget. There were two adjoin-
ing drawing-rooms separated by a folding door, and in
each drawing-room there was a sofa. The witness
placed himself under a sofa .in the back drawing-room
with the aid of a person named John Thomas,
valet to Lord William Paget. On that day Lord Cardigan
came to Queen-street as was expected. He and Lads Wil-
liam Paget were alone in the drawing-room. Some conver-
sation of a familiar nature took place between them. He
kissed her; but on that day nothing of a criminal nature
occured. Enough, however, had transpired to show the feel-
ing which existed on both sides. An appointment was
made that Lord Cardigan should come again on the Sunday,
Lord William Paget informed his lady that he was going
down on Sunday to Woolwich to see his son, who was in the
Royal Academy, and it was arranged that Winter should on the
Sunday place himself under the sofa in the front drawing-room,
but he was not able to do so in consequence of Lord Car-
digan's coming sooner than was expected. Lady Paget
tried to put as many of the servants as she could out of the
way. The witness Winter placed himself in the same posi-
tion in which he was in on the Saturday, under the sofa in
the back parlour. On this occasion he was able to see what
occurred in consequence of part of the folding-door being
left open, and after Lord Cardigan and Lady Paget
were toying for some time, the witness describes that
'a criminal connection took place between them,
and shortly afterwards was completed a second time.
When Lord Paget was informed of what took place, he re-
turned home, and challenged his lady with what had occurred,
and, being in a state of excitement, he certainly conducted
himself with considerable violence towards her. He then left
her, upon which she sent a letter to Lord Cardigan, inform-
ing him of what had occurred. He did not know whether
that letter would be produced; but it was quite certain that
Lady Paget had made a communication of what had occurred
to Lord Paget. Lord William Paget was an officer in the.
navy, and, on the first impulse, had adopted that proceeding
which men of honour usually have recourse to ; but he was
interfered with, and he now brought the piesent action.
Lord Wm. Paget, as he said before, was the second son of
the Marquis of Anglesey. He was of thehighest birth, and
was connected with persons of the highest rank and fortune,
but he was limited in his means, so that he was not in a con-
dition to associate with persons 'in the same rank in that
manner which it might be wished he should. He would not,
therefore, be able to lay before them such a body of evi-
dence as would prove that Lord Wm. Paget maintained his

wife in the style which it might be expected he should from
his high rank, but he had no reason to doubt
that he entertained the warmest affection for her,
and though it might appear that he was occasionally subject
to some sallies of ill-temper, yet his general conduct towards
his wife was that of extreme affection. Such was the nature
of the case which it would be his duty, on the part of the
plaintiff, to tender in evidence. He was aware of the town-talk
to which this case had given rise, and he thought he would be
best discharging his duty by simply and truly stating the
facts of the case as they would be detailed in the evidence
which he would lay before them. He knew he was address-
ing gentlemen of intelligence—gentlemen who enjoyed all the
felicity of married life, and who, therefore, stood in need of no
remarks of his to estimate the extent of the injury which had
been done his client.
Thaedfdoulleeeldvii! evidence on the part of the plaintiff was
then
James Rose, examined by Sergeant TALFourtp—l am
clerk to the plaintiff's attorney in this cause. He produced
the certificate of the marriage between Lord William Paget
and Frances de Rottenburgh, which was solemnized on the
22d of January, in the year 1827, in the parish of Walcot, in
Somersetshire.
The Hon. Captain Keith, examined by Mr. WORDSWORTH
am a captain in the Royal Navy. I know Lord William
Paget. I was present at Bath when he was married. It was
on the 22d of January, 1827. I have not seen either Lord
r g ri n Lordt
I.—She -was the
r Williamo ss
ePxaagme
noerd hbiys
thela d ys
ofoLriettoeertn.GyENearEsßA.
aCd by
ymmunication was made to,
was very young when he married.
daughter of General de Rottenburgh.se
WlnilliEa—lnlPnatgheet
moFnrtehdeorficAkuVigu'isnttoerilaesxtaymeainre
me by Lord William Paget. I went to his house in conse-
quence. I was placed under the sofa in the back drawing,
room, with the assistance of his valet. It opened into
the front drawing-roam by a folding door. There
was a sofa in the front drawing-room, and another in
the back room. I did not see Lord Cardigan on that day ;
that was on the Saturday. Lady Wm. Paget was brought
down by Lord Wm. Paget. She was in the front drawing-
room.
I heard a gentleman's voice in the front drawing-
room. I did not see his person on the Saturday. Lord
Paget left the room after bringing his lady down ; they came
down together. The gentleman whose voice I heard re-
mained in the front room more than an hour. The person
whose voice I heard came about a quarter of an hour after
Lord W. Paget left. After the person came the folding-
doors were closed. I communicated to Lord Paget what I
heard. I went to Lord Paget on the Sunday about three
o'clock. I went under the same sofa. I saw Lord Paget when
I went. I saw him in the dining-room and afterwards in the
drawing-room. After some time he went out. Lady Paget
went out in some carriage to ride. I think it was after
Lord William Paget went out. I saw Lord Car-
digan on that day. I was not under the sofa when
Lord Cardigan came in. It was arranged that I should go
under the sofa in the front parlour, but Lord Cardigan came
in quite unexpectedly. I then went down, and afterwards
went under the sofa in the back room. The door was shut,
but it was soon, half opened by Lady Paget. I could see that
the door was opened. I saw Lady Paget. She came from
the front to the back parlour. The back drawing-room win-
dow was open. She came and closed it, and pulled down the
blind. She afterwards pulled down the blind in the front
parlour. The door was left open by her.. She then said,
" You are come then." Lord Cardigan said, " Yes ; how do you
do? Where is he, or where is Lord William ?" She said,
"He is gone to Woolwich with Billy." Lady William then
asked him how he liked the opera ? He said he liked it very
well, but not so much as if he had been able to have closer
conversation with her. Then there was a whispering. I
could not distinguish the words. I distinctly heard
kissing. In a moment or two they were quiet, and
I heard nothing but breathing. It was hard breath-
ing, as people i would breathe after running. There
was a creaking of boots upon the sofa. I then drew myself
from underneath the sofa and along the floor till I came to
the door. I peeped in and saw his Lordship's boots with the
heels upon the sofa ; he was lying on his stomach. I also
saw Lady William and saw that her clothes were disordered..
I saw her legs very plain. She was on the sofa. I saw her left
leg. I have no hesitation in saying that there was sexual in-
tercourse between them. There was a conversation between
them, and I crept back to my place. I then heard his Lord-
shipseemed to be walking
about as if falling off the sofa, and he
about as if he was adjusting his dress. His Lordship then
remarked, " There, that is some of the seed of misery ! ' Lady
William laughed. She then came into the back parlour,
pulled up the blind, and arranged the window as she found it.
She then returned to the front drawing-room, and pulled up
the blinds there. I cannot say whether one or two.
They then appeared to sit down,
•and Lady Wil-
liam asked him if he could not get her a situa-
tion for a man who was in the Post-office. Lord Cardigan
asked if he were a respectable man ? Lady William said,
" Oh, yes, very respectable, he is in the Post-office, and has a
salary of 120/." Lord Cardigan said
he could not do it, be-
cause he was not in very good favour with the present Ad-
ministration, and would not ask them for anything. She then
asked if he could not do it through the influence of some no-
bleman, whom she mentioned. He then said he really could
not do it. Lady William then said, " Oh;you ought to do so ;
it is for me, and will put Lord William into good humour."
Then there was whispering again, and I heard kissing. I
heard the same noise as I had heard before, but I did not
come from under the sofa on the second occasion. Then the
conversation turned on the place where Lord William was to
dine. It was said that he was going to dine with the Duke
of Richmond. Lord Cardigan asked if she could not stay
away, under the plea of headache, or meet him somewhere.