The Sun.
London, England, 1818-08-08 00:00:00

NEW KING'S COUNSEL.

At the rising of the Court, Archibald-Cullen,
William Owen, William Horne, William Wing-
field, and George Heald, lisqrs. were sworn in
as King's Counsel.

NORTHUMBERLAND ASSIZES, AUG. 4.

CIVIL SIDE.-SEDUCTION.

CARR V. CLERKS.

This -ease bat' excited a very high degree of
expectation, and crowded, the Court at an early
hour.- Just as it was opened, his Lardship or-

dered the ladies. to withdraw. This they. felt to
be an inconvenience, as the Crown Court had
been a few minutes before made inaccessible to

them. The relief to the gentlemen was, how•
ever, but for a moment, for while the ladies were
leaving the Court, double the number of the
other sex rushed in. it was a Special Jury, Sir
CHARLES LORRAINR, Bart. foreman.
Mr. flour stated, that this was an action

brought by Thomas Carr ag-Must the Rev. Robert
Clerke, to recover compensation in damages for
the loss of his daughter's services.
Mr. SCARLF.I"I: thus addressed the Jury :—lt has
'fallen to my lot to address you on behalf of the
plaintiff, whose unfortunate daughter has been
seduced by the defendant. The action is brought
on the ground of loss of service. It is an action
long known to the law of England. It is the ac-
tion of a master to recover compensation for the
loss of service occasioned by the seduction of bis
servant. If that master he also the father, as the
service is endeared by that relation, so the loss is
greatly aggravated, and the damages must be ac-
cordingly higher. The seducer in this case, it
gives me the greatest pain to mention, is a cler-
gyman, lecturer at Hexham, a man of very con-
siderable fottune, and but half a year a widower
when the transaction took lie had been

married to a (laughter of Mrs. Shafto, at Hex-
ham, and had three children. He lived at \Va!-
wick, a few miles from Hekbarn. But he very
often visited in Mrs. Shafto's house, and some-
times was there with his whole fawily for weeks.
—ln Mrs. Shafto's family was the unfortunate
daughter of the plaintiff. lam aware that a legal
objection will be, upon this ground, raised by my
Learned Friend, who will contend that this action
cannot be maintained, as the daughter did n:qt
actually serve her father at the time this trausac•
lion °centred. I know that this action cannot
he maintained by a father whose daughter, of
mature age, is at service out of his house. I
know that it cannot be maintained, when a (laugh-

ter, under age, is serving without any special in-
tention of returning soon to her father's house.
But in this case there are peculiarities which, I
hope, will satisfy his Lordship, and leave the de-
cision in your hands. The plaintiff is a master
tiler. He lived till Martinmas, 1816, in Allan-
dale-town, in this county. At that time he re,
in,,ved to Bishop-Auckland, in ate ether county.
He•had allowed his daughter to serve Mrs.,Shafto
for sonic time, but with the intention of having
her soon back again in his own house. Besides,
being-a poor man, he was assisted by part of the
wages which she received for her service. At the

period at which he removed to Bishop-Auckland,
he wished to bring his daughter along with him,
and was:persuaded to leave her only till next May.
At that time she was in circumstances which dis-
abled her to serve him. The defendant began his
course of seduction by promises of marriage. Thoie
promises she did not believe, but ofteu repeated
that they did affect her sentiments and her
conduct. You can conceive, Gentlemen, how the
solemn declarations of a man of the plaintiff's
age, for he is past 50, of a man of his profession,
the soh-in-law of her mistress, and at the very
time in his mother-in-law's house,—you can con-
ceive how promises so made could gradually gain
the.cousent, and excite the hopes, of a simple and
innocent girl. He made those promises frequent
enough and strong enough for his purposes, but
avoidedeto enter—hit° any covenant welch could
now'subject him to an action for a breach of pro-
mise of Marriage. Of this man I know nothing
but what -I know of him as the defendant in this
case,; and if I did, I should be sorry to glance at
him beyond:the necessity of this case. After cer-
tain familiarities had aaken place, he contrived to
effect his.object. How be dial so, I abstain from
detailing to you; 1 dare say my learned friend
will, in cross-examination, lay enough of• this
before you. She soon afterwards found herself in
a situation which obliged her to write to the de-
fendant; but he no 'longer regarded her or' her
letters It is consistent with our knowledge of
human nature, and perhaps-with the experience
many of.us must have had with the world, that
men, after a certain age, regard with loathing the
victims of- attempts which are aimed at their ho-
nour, and terminate in their ruin. She went to
her father's house; hut her fattier being .poor,
and the parish officers :interfering to prevent a
•burden to the parish, the• child Was filial-tit, and
the defendant gave a bond to the effect at least of
securing the parish from any expeuce. But
to the paristrf-6 compensation has been made.
YOu thereftiree, Gentlemen, take into your
consideration whate sum :in damages should he
given' to the father. Were Ito ask'''. What would
be an adequate compensation to a father for the
seduction of his child, I should ask a most fool-
ish and Vain question;- No injury can-he inflicted
upon a man inure hitter and lasting than the in-
.,
envy inflicted on a parent by the seduction of his
daughter. The seduction of a wite is riemost grie-
vous injury, yet it is qtialified by many circum-
stances. The loss of a wife subject to seduction
cannot be timraccompanied witty same alleviating-
considerations ; but the injury of a Lieber by the
seduction of his daeghter, is altogether unmixed
and unalleviated. The object of his affection, his
care, his anslous solicitude, is deprived of all that
is. valuable, and rendered -.a -disgrace, and a-bur;:.',
den, instead of an ornament- wed joy,- •I elm led".
to understand that the defendant is 'to ,altempt to
destroy her charactee, in order• to,dishleish
own misconduct. If an attempt,-c,fethia.kinU
sieduld 'be made, I hope
,yree Brill 'etinsiderlt an'
aggravation, and treat it accordiugLy. Nothing.,
surely -can be a greater aggravation Of the
deepest injury which eau abe inflicted upon a pea
rent, than io find the. hoary andelaborious seducer
attempting-to prove the unfortunate girl's charae-H
ter worthless before he mule it so. I am aware
that my learned friend will not give me another
opportunity of addressing -you e and therefore
dwell the longer tepare'this subject. I hope the
case will go into your ;hands. Youiwill consider
that a girl previously blameless, belayed by her
parents, and affectionately contributing -to their
support, was seduced and ruined uoderethe cloak
of sanctity, which has often, too often; been used ,
to cover the worst offences, and that this was
dune by a man of considerable fortue, You will
consider the injury to the feelings of aParent,
,as
well as the los-s of service to the master. ludeed
I am confident, from the character of the Pentle-
mei) whom I address, Chat they will view this case
as I view it, and consider it one of the most ag-
gravated 'cases of seduction that can be laid bcf-
fore a Joey.
Elizabeth Carr was called into the box, and
exaniined by Serjeatiteilueeocre.—She is a very
imple, Modest-looking, and rather interesting
young vvOrnan. Sire said she was 18 years of age
when she went to Mrs, ShaftoS house. That was
in May, 1815. iler father went from Allendale-
town to BishopJA.uckiatrr at Martinmas.; 1816.
She knew the defendant. His wife had been
dead half a-year 'when 'she became acquainted
with him. He liVed'at Walwick-hall. kie visited
often at Mrs. Shafw's, He -bad three children,
the youngest then' about half-a-year old. He
often came to the house when her mistress was
from home, and stayed in the house making love
to her. Between Martinmas and Christmas, 1816,
he came with his whole family, and stayed some
days. He bad with him his chldretr, two women
and two men servants._ Being pressed to state some
particular expressiOns he had used, she said that
he had often declared that they (defendant and
witness) should never be happy till they were mar-
ried. One day, when sitting together, she Moved
to go, on bearing one of the servants coining; he
said there was a day coming when they would not

be afraid who saw them. Before be had cOw6
with his family, he had always been twice in the
week at the house, often wore frequently. Hey
mistress was often from home a week or ten &P.
His visits were more frequent in her absence."'
She had a male child born on the 2d of Septenr
her, 1817. The fist time. that he had been Wa
intimate with her was when he brought his famill
to her mistress's, between Martinmas and Christ'
was, 1816. Her mother had been seeing bet
the day that they removed to Bishop-Auckland'
.It was then settled that she was to go to 11'1
father's in May, and it was her intention to
During the time that she had been there sbe ier"
:.
• her father and mother have part of her wragoi,
She had sent some money to her father and given,
him some. It was part of her wages. She diva
not-leave on •the Ist of May. She had not given.
notice. She left On the Ist of June, and because •
she was not able to serve any longer. She
wrote 0:
the defendant the day before she left ; she got "
answer. She was obliged to leave her fathers
house, and to go back to Hexham by the parish
' officers. She lived for 6 or 7 weeks with bet
aunt. She was delivered in Mary Nicol's, 41
Hexham. Dr. Jefferson delivered her.
She was cross-examined by Mr.- TorriNG
at-
great length, as to the names and characters of
,all the servants, particularly the men.servon"l-
-the house. It turned out, however, that the latter
were married men, and had their wives in Hexhara
All the minute circumstances of her coin were
it
Called forth, bat they admit not of descriptio"•,
er
was in his bed-room, when she had gone by
mistress's order to light his fire, that the seductio
was completed. Time letter was all her as".
None assisted her either in writing or dic""infg;.
She fairly and readily gave a simple negative.. 4-
every question as-ro any other man using liberil'a
with her. She had not gone from Bishop-Aucklan
to Hexham in:. a post chaise. She knew
it
Bates. The Gentleman pointed out was be-
was a Gentlenian.
Bat what is his employment ?—He is a farnlerl
I believe.
• .-Is .he not a preacher too ?—I never heard bill/
preach,
; o)
Were you never in a post-chaise
never; Sir.
• Site had 5/. for the first year, and 61. forthelCA.
cond. She had given no notice of quieting. 0
Thomas Pattison, butler to Mrs. .shaoo, 19
.
married man, has a wife and family in lieltllBoo.
He by accident observe the defendant and
both Carr in the dining-room together. Tb"beers
ters were on the outside ; they had hot • vo
fastened back, and the wind hail driven them d'
he he• went to open them, and observed the defeher
ant having hold of her round the neck, anti
ued
hand in his other band. He never tresti°-
ode
this. He thought it improper, bat appre'e sot
nothing such as happened. He never knetg
thing incorrect in her conduct. t
on his cross-examination he stated, t-h ::,reo,
was still in Mrs. Shafto's service, and be ottf
in bee-confidence. He had not mentione°o.o,
Ire saw till after the had consequences were Itniaal'.
as he never till then suspected any thing al and
He never in word, look, or gesture, tO°
liberty with her. He never kissed her
life.

Here the plaintiff's case was closed. - ot',
Nr. TOPPING now objected that the hiot
could not be maintained. ElizAeth Carr 000
been regularly in service with Mrs. Slid"' 'OO4,
whatever Mts. Shaft° might do, her fathrier
not. pt-cend to have lost her services. 14°
several .eases in support of this objectino• dOO
Mr: ItICHARDSON and air. GRAY foll°We
the -stone side.
noel •
.AIr..SCAKI.ETT, on the other hand, c-- loge.
that the pletintiff had as good a title to his
ier's services as a master who should give joitk—
prenticed servant to anotbtr nrin for
at
period.
Lin r
Mr. Sergeant BULLOCK and Mr.
oft
nothing t 111 •
WI. •
Mr. Baron WOOD.--I am of (vitriol) to, insll,l
undoubtedly 'this action cannot be legLi:hle to It
taine4. Tbe loss of service is indispens'u,or to",,
In this case, the Jlaughter bad served ' lora,
.
y,ekrs, and was, in tact, entered upoo °cacti°
yee's.-service. 1-am sorry for it, but the
cannot be maintained. ,cc tbe
• „An.:. SOMME rT.—I certainly cannot oPP`
*Oa
.--- doctrine laid down. by your Lordship

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- • COURSE OF EXCHANGE, FratlAY, .33"). ‘.
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Amsterdam
Ditto, at Sight
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Amster dam
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Antwerp 34 5 4 Cl'
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Paris, 3 Day's date
Ditto
Bourdeaux, ditto
143 prel,o,o
Pranhterton the Main
Madrid
Cadiz ................................. •
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Bilboa ............ • ................. .•• • • '3,3i
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New I)9nbloons ............ _ 0 5 5

LI,ION-.

Nvw Dollars
Silver, 4n Bars

.......... 6
........ . ...
Pr' 14e1Ptiel
MARRIED.
On Thursday, Charles Aston, eldest so? SO
London, to Anne, third clau4liter of the' tte 'of
.
Lorick Cooper, of Cleat Yarmouth;N"l°l"

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Y., ' • ' .DIED. ( vice _At
Yesterday, Mr. William Moore, late 0^ - ' ' 110-01
aged 74. • • ;;:ttrick
On l'iirstlay last, lt.Gerillq,, fmnse /3" of the
Hon. L• d charlotte ' - ---- - ' bter -
~ y Eyre, second dang '''
Newburgh, aged 9a

of rar. f-S yep
LONDON LONDON: i'riuted by J. B. CARSTAIR•7Q ', phed I.l' so ;of
Ommul-street, Cltirtn-square; 1";), (t, 05;
Letters, (post-paid) must be ad4rri*..I.
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