Star.
London, England, 1830-03-10 00:00:00

LORD ELLENBOROUOWB DIVORCE BILL.

Their lordships assembled at three o'clock; shortly afterwards,
the counsel in attendance on the above named divorce bill were
called in.

In support of the bill, Mr. ADAII and Mr. WIGIAM appeared.
On the part of Lady Ellenborougb, Mr. DAMPIER attended, ra.
tber with a •lew to watch the proceedings than oirer any opposition
to the bill.

Mr. ADAM then proceeded to address the house to the follow'
effect:—My lords, I have the honour to appear here on behalf
Lord Ellenborough, who seeks, at your lordships' hands, a divorce
from Lady Jane -Elisabeth Ellenborough, his wife. It has never
been my practice, in matters of this description—and now, unfor-
tunately, they are not few—which I have had the honour of stating
at your lordships' bar, of dilating on the circumstances which
I have to offer. On the present occasion, my lords, I shall
not, most assuredly, deviate from that course of practice. This
I will take the liberty of saying in the outset, that in no case
ever presented was there clearer evidence produced than I shall
lay before your hmiships to entitle a. party to the relief he seeks.
With this short introduction I will proceed to state the facts of the
case, as briefly as I can with perspicuity. My Lord Ellenborough
was married to the daughter of Admiral Digby in the year 1824.
There was no disparity of age between him and his lady; nor in
rank was there any material difference. The lady was herself en-
dowed with considerable talents, was highly accomplished, and
possessed great personal attractions. I think, my lords, I can
safely say that no marriage could be more qualified to pro-
duce happiness than this was. By a large circle of acquaintance they
were known, respected, and visited; and, for a considerable pe-
riod after their marriage, those promises of happiness were not dis-
appointed. I must state, my lords, that, up to the spring of 1828,
no couple could lead a more happy life than did Lord and Lady
Ellenborough. His lordship, who had a house situate in Park-lane,
after he had been appointed to a situation in the government, took a
house in Connaught-plate. Lady Ellenborough, after the birth of
her son, appeared to take a greater interest in fashionable society
than she had hitherto done. This led his lordship to roman-
waste with her; but there were then, as be ibelieved,; no grounds
for a separation between them. She was a lively. thee-
messing many captivating qualities, and, probably, hitwheat-
ment of gay hisklenable society. Un Innately In her, mil WU
more unfortunately fee her noble husband, Laily Ilabolhoiragh,
about the spring of 1828, became acquainted with Pelage Illebetart.
senburgls a person, I am told, more calculated to espy the,
affections of a woman cannot be pointed out. The Prince •was at. I

tached to the Austrian Embassy of Prince Esterhasy, whose resi.
dente is in Chandos-street. Prince Schwartrenburgh and Count
Diepitchein, who was also connected with the Embassy, resided at
No. 73, Harley.street, no great distance from Prince Estethazy's
residence. Admiral Digby, Lady EUenborough's father, also lives
in Harley4treet, at No. 86, within a few doors of Prince rxhwart.
zenburgh's dwelling. The Prince and Count Dtepitchein oc-
cupied the first and second floors. The drawing-room on the
first floor had folding-doors into the bed-room in which Prince
Swartzenburgh slept. They were both unmarried men. In the house
were two female servants living, who, with the Prince's valet-de-
chambre, had access to the apartments. Very shortly after the spring
of 1828, Lady Ellenborough was frequently seen in the neighbour-
hood of Harley-street, drawn in a phaeton by two ponies, which she
herself drove, attended only by a lad, who acted as groom. Lady E.
was in the habit of getting out of the phaeton, leaving the boy in care
of it—this happened twice or thrice a week—and going to Harley-
street, Cavendish •square. Sometimes she got out of her carriage in
Wimpole-street, at other times in Queen Anne-street, and other
streets in that neighbourhood. This she has frequently done,
leaving her carriage in the manner 1 have stated. Her father,
lAdmiral Digby, living in Harley-street, no suspicion was attached
to her visits, it being supposed that she was in the habit of going
to his house. Instead of this, your lordships will find, if it be
to go into that part of the evidence, that she was in the
InZeilitasori regularly calling at Prince Swartzenbutgh's lodgings,
as often as I have stated—.viz. twice or thrice a-week. These
visits were so frequent that they became a matte- of observation la
the neighbourhood. The attention of several persons was called
to the circumstance—a lady of her appearance leaving her carriage,
day after day, and day after day calling at the residence of two un-
married men, naturally enough excited the attention of apemen who
was residing in a house nearly opposite that in which the Prince and
Count lived. From the evidence of a person whose name is Ward,
your Lordships will find that, when Lady Ellenborough went to
the Prince's house, the Prince himself let her in. The Prince,
about the usual time she visited him, from two to four o'clock in
the afternoon, was in the habit of leaning out of tile window,
as if looking for her. When she appeared, he then went
down stairs and let her in. At other times she would go to
the house as a person would do if approaching their own resi-
dence. This sort of conduct was carried on from blay 1828 to the
25th March 1829. Without travelling into more detail on this part
of the case, I shall proceed to state one particular fact which Ward,
who resided on the opposite side of the street, related. He had fre-
quently observed Lady Ellenborough and Prince Swartzenburgh
together in the drawing-room, by themselves ; but on one
occasion he distinctly saw Lady Ellenborough standing before
the fire, nearly undressed, and Prince Swartzenburgh was occu-
pied in lacing her stays. This was the situation in which
the witness saw the parties. I ought to state, my lords, that
the bed.room communicated with the drawing-room by folding
doors. When Lady Ellenborough left the residence
he very shortly afterwards went out. The woman servant of the
house, Ann Lewis, and her sister, Mary Lakington, who spent no
inconsiderable portion of her time in visiting her sister, were in the
habit of going into the bed-mom after her ladyship had gone out._
The curiosity of these two women was naturally enough excited by
a person of Lady Ellenborough's appearance visiting a single man
in that manner. To satisfy their curiosity, as soon as the Prince
had departed, they betook themselves to the bed-room, and some-
times they found that the bed had been lain on, sometimes
lain in ; sometimes upon the bed, at other times between the
sheets, it was obvious that two persons had been lying. I
will not particularize the facts more to which these women
can speak, but only remark, that no reasonable man can doubt that
the act of adultery has been committed; and that this did not occur
once or twice only, but was often repeated, sometimes more fie-
quertly than twice a week, ftom the period in the month of May
1828, down to March, 1829. The adulterous intercourse was not
confined to Harley-street, but was carried on in Holks-street, to
which the Prince afterwards removed. The same course of adul-
tery was carried on in Holies-street, with this difference, that
probably her ladyship, having become accustomed to these vi.
sits, became more emboldened, for she actually had driven in
her own carriage to the door of the house where Prince
Swartzenburgh lived. lamin a condition to show to your
lordship that, on many occasions, Lady Ellenborough and Prince
ISwartzenburght have frequently committed acts of adultery. If I
prove this case in the manner stated, I have not the slightest doubt
that your Lordships will pass the bill ; but I have a still stronger
case, which will leave no doubt that the act of adultery was coon.
mined. The case does not rest here ; on many occident, during
the summer months, the Prince and her Imdyship, accom.
ponied by their sensate, when riding out together, put up
their horses, and went into the houses, where they remained
a considerable time. This occurred at Highgate, Richmond.
and other places, where they continued an hour, or more, in
the pm., and then came out, mounted their hones, and returned
home, when the Prince went one way and Lady Ellenborough an-
other. This, of itself, was enough to imply that a guilty connection
had taken place, but I have a further fact to state. On one occa-
sion, a lady of distinction, whose name I do not wish to state, had a
party at her country seat, at Wimbledon. (This lady's name after-
wards came out in evidence. It was the Counteu St. Antonio.) The
circumstance to which I have alluded took place in the month ef De-
cember, 1828. Lady Ellenborough was driven up by her groom to
town, and she directed him to be at Wimbledon (at that lady's re-
sidence) by ten o'clock in the evening, to fetch her home. I shall
show you, my lords, that Lady E. went in the carriage to Wim-
bledon which conveyed Prince Scb wartzenburgh —it was a hired car-
riage and post-horses—that they separated a short distance before
they 'reached the house to which they were both going—and that,
on leaving in the evening, her ladyship got into her own phaeton
at the door, rode a short distance in the phaeton, then she got out
and went into the prince's carriage, and accompanied him es far
as where the road to London and Itoehampton separated ; but she
then descended from thel prince's carriage and got into her own.
They were together in the prince's carriage that evening a time
far more than sufficient for a criminal act, such as that Im-
puted to Lady Ellenborough. I have seldom, my lords, been en-
gaged in a case in which the adulterous Intercourse has been so
clearly established—in which so distinctly is brought home the cri-
minality of the parties. The unhappy lady herself has never de-
nied that adultery has been committed; on the contrary, she has
acknowledged the fact. I engage to show all these circumstances,
if your lordships think it necessary—but I hope you will not require
so much proof. lam not anxious to feed that appetite for
slander and censure of persons moving in the highest ranks of
society which DOW rages in this country. But if your lordships
require all the evidence, 1 am in a condition to go into all the
details, however painful they may be, to prove the facts from
first to last, in the manner I have stated. 1 have now concluded
all the observations which I thought it necessary to make on this
part of the case. It only remains for me to state the facts with
respect to the transaction which occurred at Brighton. The infant
son of Lord and Lady Ellenborough was sent to Brighton for its
health, and when there, at the Norfolk Hotel, her ladyship went to
see the child. This was in February, 1829. At the time that she
was at the hotel, one evening, about eight o'clock, a foreign gentle.
man, whom I shall show to be Prince Swartzenburgh, arrived
there. He was shown into an apartment, and when he had dined
he took an opportunity; of inquiring who happened to be is
the house. This was done, ;no doubt, for a blind. He was told
that Lady Ellenborough was thine; and on inquiring whether it
was the Dowager Lady, to which an answer was returned in the
negative, he said, " I have the honour of being known to Lady
Ellenborough," and sent up his card to her. She sent down to invite
him to tea, and he want and drank tea with her. About half-past
ten he retired to his bed-room. The waiter gave him a candle,
and he proceeded to his chamber. His apartment was in a different
part of the house from Lady Elleuborough's. Her's was in the
eastern part ; different staircases led to each of the bed-rooms.
The Prince's bed-room was in the west part, and approached, as I
have said, by a different staircase. In the night, about W, one of
the waiters beard a noise OD the staircase, which attractedlisis atten-
tion. Some depredation bad been committed in the house a short
time before, and he thought that a similar proceeding might be
then attempted—and he perceived the foreign gentleman (Prince
Schwaztsenburgh) coming down stain from his bed-room. The
Prince, perceiving that he was observed, stopped, and retired.
The waiter, however, continued watching, and be presently
saw the Prince descend the staircase, and go up that which:led to
Lady Ellenborough's apartment.' The waiter distinctly saw him go
into her bed-room. The man had the cariosity to listen at the door;
he heard the door locked ; be heard a conversation between them ; he
heard him take off his hoots; be beard him get into bed. Your Lord-
Iships, I apprehend, will be satisfied with this evidence. 1 have traced
the Prince to Brighton, to the bed-room of Lady Elleabormighjeav-
ing the witness to state what be beard. If I prove this part of case
I shall have done enough to entitle my Lord Ellsoborough to the
Bill, without calling any evidence to the former part of the case. I
trust that it will be considered sufficient if the particular circum-
stances of this part of the ears be proved. I am Dot in the pommies
of the finding of a jury on an action for damages against Prince
fiehwartsenburgh. I have stated that be Idt England theillid May,
1829. I shall show your lordships drat, on die 2sd of that month,
Lord and Lady Ellenborough bad serious conversation tthat led to their separation. The lady was taken to herarbbeerr's
house is consequence of that disagreement. Cortaialy the noble
husband had then no moon for bellabg that any criminal
set bad been committed by her. The saly Mrena that existed
between them arose from the cressees of fashismairie Ute, in which 1
will take the liberty of stating that nos ladies an in the habit of
indulging, to the serious di pleasure sod hassaverrisece of their
husbands without imprilas to diem Mahal desires, to which
I ban already alluded ; but net the slightest idea every mused
his Wad that she had be* ustaithlld to Ids heal had Ile
thought of NO a. rwdeithe set as this whisk is ua duty to
state is yaw boaelps. Is t. pet a littbraingular, however,
that wee ;tight of the 11111 dairy the sUPeradee took face be-
.

tween the Noble Lord and his faithless lady, aad that on the
morning of the 23d of that mouth Prince Swartaenburgh left Lou-
don.. His departure was known in April—i. c. my lords, it
was known that the Prince was recalled from the Em-
bassy. It is very like!, that the chagrin which Lady
Ellenborough felt at the prospect of losing all opportunity of
meeting the Prince in the manner she had been in the habit of
doing, that caused her ladyship to disregard the admonition
of her noble husband. Lord Ellenborough sent her to his re-
sidence at Roehampton ; he did not abeam, her, but rant
his own brother to reside with her. She continued there a
abort time, and was also attended by Miss Steele, a lady who
had educated her when with her father. Lady Ellenberough
then removed to Ilfracombe, in Devonshire, where she continued to
remain until the 3d of June, and then she went into Dorsetshire. It
so happened that, when at Admiral Digby's, about this time, her
y was no longer a matter of concealment. Indeed, on
Lrlitgintatilitcrestioned respecting it, she admitted to Miss Steele, %thaw
I shall call before your lordships—that she was pregnant, and that
the father of the child was Prince Swartzenburgh. I shall call Mr.
Freshfield, who will prove that he was not able to collect any evi-
dence against the prince until the month of July. The prince, yonr
lordships will be so good as to bear in mind. left England in
the month of May. The learned counsel then proceeded to
reads letter, dated May 23, 1829, from Lady Ellenborough to her
noble husband, couched in the most endearing terms, and ac-
knowledging how much to blame she had been, but at the same
time assuring him that her honour was still preset ved. hie lett! r,
my Lords, could only be intended to deceive her husband, feat he
might entertain a belief prejudicial to her honour—lest he
should discover the individual who had heaped so grievous
wrong upon him—which would lead to a duel between him
and Prince Swartzenburgh. Lord Ellenborough, on this or.
casket, and every other, had acted towards his unhappy Idy
in a manner that was highly satisfactory and honourable to MI
feelings. My business is to show your Lordships, out of the evi-
dence--even the evidence furnished by herself proves it—.that the
fact of adultery had been committed. But it is gratifying to find
that this lady has never complained of her husband ; on the control y,
she wrote from Ilfracombe, two days before she quitted that place. tin
the 28th May, acknowledging her gratitude towards her husband for
the generous allowance which he had furnished : and this is the only
letter in addition to that which I have already called your lordships'
attention, that I trouble you with. If your lordships should be of
opinion that all the evidence ought to be produced, I am in a condi.
tion to produce it, otherwise I shall confine myself to the act of adu I-
Itery at Brighton, trusting that the house will consider that to be
suificient.

iVitnesses were then called, who detaihd tic facts exactly as
stated by Counsel.
Mr. DAMPIER then shortly addressed their lordships, contend.
ing that the evidence failed to establish the identity of Prince
Schwartsenburg.

POLICE INTELLIGENCE.

UNION-HALL

Yesterday Edward Naylor, the boy belonging to the Licensed
Victuallers School, in Kennington-lane, charged with wilfully at.
tempting to set fire to that Institution, was brought before Mr.
Chamber, and Mr. Elyard, for final examination. The prisoner,
it will be recollected, was remanded in order to give the school.
master of the establishment an opportunity of attending, to de.
termine by his evidence whether the said boy had ever manifested,
in the course of his scholastic duties, any symptoms of imbecility
of mind. It appeared that he had shown decided symptoms of in-
sanity ; and the charge not being pressed against hint, he was de.
livered over to the Overseen of the parish on which he had a claim
for support.
QUEEN-SQUARE.

Maria Williams, a cyprian, was fully committed for trial for
robbing Richard Thomas, a servant of Sir Henry Hardingc, Bart.
M.P. The prosecutor had drank freely, and, having met the
prisoner in the street, took her to his master's house, where he fell
asleep, and she took the opportunity of going away with his CO M,
waistcoat, hat, and 19s. in money. She was met in the street by a
policeman, who, seeing her with a bundle in her hand, suspected
that she had committed a robbery, and took her into custody.

The Parliamentary Commissioners for investizating
the condition of public charities arrived in Shrewsbury on Mondg,
and immediately proceeded to their labours. It is rumoured that
they have detected in one of the churches a string of ancient chari-
ties, over which the Decalogue has been painted, and the ptpus be.
quests thereby obliterated.--Biratinghans Journal.
It is worthy of recollection that Mr. Lefroy is nearly
connected by marriage with General King, who was dismissed for
voting against the Address on his Majesty's Speech ! We will
not say that the present is the reign of terror; but assuredly. it
our's be a liberal Government, it has a very singular mode or
evincing its liberality.—Dublin Warder.

COUNTRY THEATRICAL MANAGEMENT.--Ou Fri-
day night week, being the last night of performance in Hull, Mr.
Cummins addressed the audience, and took his farewell leave of
them. In that address he stated that 2,300/. would not make good
, the law he had sustained by the engagement during 18 months;
and also that the said loss was exclusive of the services of himself
land Mrs. Cummins.

lacer/slim DAY.—Yesterday Sir Richard Birnie,
Mr. Minshull, and Mr. Halls, sat in Petty Sessions at the Policy
Office in Bow-street, to license public-houses for the three pariahs-.
of St. Paul, Covent-garden St. Mary-le-Strand, and St. Clement-
Danes. In the whole district, comprising these three parishes, at :d
In which thae are 129 licensed public-houses, there were two li-
censes only suspended—the ship, in Chandos.atreet, and the Ft s.
that, in Hart-street, C
onvent-garden. In the parishes of St. Mary-
le.Strand and St. Clement. Danes, all the licenses sought for were
granted without hesitation. Sir R. Birnie observed, that probably
his brother magistrates and himself would not be again required to
meet upon a similar business. as it was likely that the beer trade
would be thrown open to general competition, a consummation he
devoutly wished for.
Monday evening, an inquest was held at the Cheshire
Cheese, Surrey-street, Strand, on the body of Cordelia Sutton, a
child seven years of age, the daughter of Mr. Sutton, a solicitor, re.
siding in Surrey-street. It appeared that the ciold, having struck
one of her sisters, was, as a punishment, sent up into the front attic.
and desired to remain there till she was called. She went up ac-
cordingly; and having, it is supposed, either got out of the window
or over-reached herself in endeavouring to look from it into the
street, she fell over the parapet, and stuck on one of the spikes of the
area railings below. She was taken off immediately and carried to
a surgeon's, where the wound was dressed, and she lingered till Sa-
turday last, when she expired. The Jury returned a verdict—That
the deceased was accidentally killed by falling from the parapet.
The Stamp duty on a Newspaper amounts to more
than one hundred per cent. and the duty of 3t. 6d. on each adver-
tisement amounts to mere than one hundred per cent. on small
advertisements, and may, on an average, be about 70 or 80 per cent.
This is a very heavy duty, and we are convinced, as we shall haw-
diately endeavour to show, that a diminution of duty, coupled as it
may be, with a provision, that the price of the newspaper should
be lowered in proportion, would ultimately no loss
to the treasury. The net annual produce of the stamp duty
on newspapers in Great Britain may be reckoned on an ave.
rage 360,01.101. per annum. If the duty were reduced to 2d. in
place of 4d. and if it were at the same time provided that the news.
paper proprietors should not be (added to the low duty unless they
sold their papers at 4ed. a prodigiously increased demand for news-
papers may be fairly anticipated. If the demand were to be doubled,
no loss would, of course, /Malle to the treasury. But if it were only
to blame two-thirds, the annual produce of the stamp duty would
only be less than the present revenue by 00,0001. But we have to
consider that the increased consumption of paper, occasioned by the
increased demand for newspapers, would augment the produce of
the paper duty. We might also calculate that the advertising duty
weak be improved by this increased circulation.
OPATA DaticE.—On the first day of the year, a cer-
tain number of highly adorned damsels dance in a circle
round a pole of about twelve feet high. To the top if
the pole are fastened as many long strips of different
colours as there are ladies, each of whom holds one of
them in her hand. Half the number of females dance
to the right, the other half to the left, passing each
other right and left alternately, so that in a certain
number of revolutions the pole is completely covered
with a variegated platting, which most ingeuicusly
conceals the wood, and presents a particularly pretty
appearance. The party walks to the tune of a song
composed in honour of the occasion. The poet con-
siders the seasons of the year as dancing with great har-
mony and regularity, and he represents them as con-
tracting and expasulity their influence. nue, when the
pole is entirely encircled with the platwork, the dancers
Litre then confined within so narrow a circle that their
charms can scarcely be seen, and the seasons are there-
fore said to be wound up. But as the damsels proceed
to undance the platting, the circle widens, their beauty
apd graceful figures delight beholders, and the seasons
are said to expand and extend their influence over the
whole glebe I—Mardis Travek its Mexico.