The Sun.
London, England, 1827-02-19 00:00:00

-DEATH

•
arm!. Ot
Or THE
DUKE OF CUMBERLAND.

It is with much regret we announce that intelligence
has just been received at the Foreign Office of the
Death of the Duke of CUMBERLAND.

His ROYAL HIGHNESS has been abroad for some
time, and rather in a bad state of health.
His Royal Highness died of inflammation in the
chest.

THE FUNDS-(THIS DAV).

CITY, Twelve o' Clock.

The English Funds hare been in the most alarming state of agi-
tation, and hays varied so mnch that it has been extremely difficult
to get at the ac'ual prices. Console opened at 80, but immediately
after wen; down to 79k, it was afterward!: said they had been
done in large amounts at 79, hut the actual lowest price has been
796, they afterwards rallied, and advanced to 806 and have
settled at 80e I, in a rather more tranquil state; India Bonds
and Exchequer Bills are lower, the former being 50 2, and the
latter 28 SO pm. The Foreign Funds hare partaken of the fall
in the English Securities; Colombian Bonds are 36} 7 ; Mexi-
can 6 per Cent., 66 a ; and Russian, 88 9. Shares are quoted
still lower, Real del Monte, 50 ; and Tlalpuxahua, 35 45 pm.
Colombian, 13 15 per Share ; and Anglo Mexican, 35 2i die.,
but no business has been done in any which deserve notice.
Foitittax FUNDL—Braziliau, 64 5 ; Buenos Ayres, 38 4 ;
Chilian, 35 '7 ; Colombian, 1824, 36i 7 ; Danish, 59i 60 ;
Mexican, 6 per Cent., 86 1; Peruvian, 88 4; Greek, 14 ;
Russian, SS 9 ; Spanish, 136
Minx,. Anglo Mexiean, 22i die. ; United Mexican, 11
Real del Monte, 30 pm.
Colombian;
PBmol.iy;ar, 1 2 pm. ;
iliBsiailup'siftsx.pera;hußsalharraxsiii:
n4:sPopPeo.a"lrsi,ll;2o 2 per Share.

Two 0' atele.
Congolt *re steady at Sai and 80i for next time.
THREE 0' GI 0 alt.

Consols for account, SOj.
FOUR o'CLOCK—CLOSING PRICE.
Consols 80i Danish Poi:ds 60
Do. for Ac. 80a Greek Do. =S2S 16i
Brazilian Bonds 63 Mexican Do. 1825, 66i
Buenos Ayres Do. 52i Peruvian Do. 34

Chilian Do. - Russian De. 89
Columbian, 1824, 37-1. Spanish Do. 13

THE EARL OF LIVILWOOL.

ADDITIONAL AND LATEST PARTICULARS.

. _
It is with extreme regret we have to announce to the public
a mots alarming and sudden attack, which the Earl of Liverpool
has experienced ; and which is the more unexpected, as the
Noble Earrwas considered to have been in the enjoyment of most
excellent health, ever since his return from Bath. The attack
took place on Saturday morning, in the following manner :—The
noble Earl, after breakfasting loon after ten o'clock, alone, in his
library, at Fifss.house, Whitehall, had had the post letters brought
to him, and remained so long without ringing the bell for Isis ser-
vants to take away the breakfast things, as to exe'te the suspicion
7 t fallen
of his domestics that his Lordship had been taken ill..—His Lord-
ship's butler,
et
ro. e.sTihde e
le
in consequence, went. to the library, and, on enter-
inge
tits apartment, beheld his Lordship stretched on the floor
n
e tot
hadinl es e and i speechless,i
u
evidently
of his Lordship,
s sad
y fromhe in
dta:nwtlnw alarmed the Countess, and the the act of opening a
lwhole of the household, whose consternation may very easily
be imagined. Dr. Drover, his Lordship's physician, who
had attended his Lordship during his late indisposition, happened
at this critical moment to call, on a friendly visit, to inquire after
the health of his Lordship, and immediately ran to his Lordship's
assistance, and sent off messengers, without loss of time, to Sir
Henry Halford, and Sir Astley Cooper. Sir Henry Halford soon
after arrived, as did also the nephew of Sir Astley Cooper, Sir
Astley himself being at his country seat at Gadesbridge, Herts,
whither an expt es. as forwarded, and Sir Astley instantly came
to town and attended his Lordship in the evening. The medical
gentlemen bled the Noble Earl, and also applied leeches to his
head. The fit with which his Lordship was seized was both of an
apoplectic and paralytical nature, and has affected the whole of his
Lordship's right side.

CREW CON.

LAW INTELLIGENCE-(THIS DAY).

COURT OF COMMON PLEAS.
SIR JACOB ASTLEY r. GARTH.

Long before the doors of the Court were opened, the
crqwd assembled in the Hall was most excessive, anxious
to get a place in Court to hear this trial; as soon as the
doors were thrown open, every corner of the interior was
filled instantaneously.
The following Jury was then sworn :—Special Jurors,
Henry Spencer, Henry Sass, William Pickford, Edward
Layton, William Hussey, Le Grew limey, James Put-
man, Alfred Battison, and Thomas Linrop, Esquires ;
and Common Jurors, Messrs. James Edward Haddol,
James Jennings, and Henry Lambert.
Mr. GUORGR Bee's. opened the pleadings. He stated
that this was an action brought by Sir Jacob Astley
against the defendant, Mr. Garth, for compensation in
damages, for an injury he had sustained. The pleadings
stated, that the defendant had had criminal conversation
with the plaintiff's wife; the defendant had denied it,
and this was the issue the Jury had to try.
Mr. SCARL'ETT rose, and addressed himself to the follow-
ing effect)—
May it please your Lordship, and Gentlemen of the Jury
—I have the honour to appear before you, on behalf; of Sir
Jacob Astley, who has been reduced to the painful neces-
sity of appearing before a Court of Justice, in one of
those eases, in which, if a loan could control tile
events of his own life, he world be the very last
to appear in ; and he seeks to r over by your verdict,
such compensation, as you shall think can be afforded
to a man, who has lost, not oily the greatest com-
fort and consolation with which the life of man can
be blessed, but who has lost the tenderest wife, the
most affectionate compani ia, and the kindest and tenderest
mother, all by the seduction and artifices of the defendant.
Gentlemen, cases of this kind, have, in our time, unfor-
tunately been so numerous, and have been so often made
the subject of discussion in Courts of Justice, that
I know not whether an Advocate who professes to treat
on such subjects, by endeavouring to point out either the
enormity of such offence, the greatness of the injury, the
wound it inflicts on the husband, or the breach of faith
that eai:as in the moral orders of society, may not be ac-
cused of trespassing on the proper feelings of society, by
endeavouring to tear to pieces the character of the indivi-
dual who comes under the subject of an address to
the Jury. Gentlemen, I shall make no such attesapt
to-day ; it will be enough for me to state simply
to you, the facts of this case, in order to call your attention
to one, which, I think, without exaggeration, will entitle
the plaintiff to your verdict, and will call upon you to make
him an ample compensation in damages. I apprehend
that the rule by which a Jury are to be governed
in such cases, is that rule which will enable them beet
to estimate the loss the plaintiff has sustained. It is
very often, by the arts of au advocate, rendered a point
of discussion, what has been the peculiar demerits of
a defendant; but, whatever those demerits may have been,
they are introduced to your notice without having an imme-
diate relation to the injury the plaintiff has sustained. I,
for one, conceive there is no justifying such a course of
conduct; I shall not, therefore, in this case, enter
into any discussion of the peculiar conduct of the
defendant, excepting in so far as it immediately
relates to the injury inflicted on the plaintiff, that injury
alone being the only point you have to consider, and the
only criterion by which your damages are to be governed.
Gentlemen, Sir Jacob Astley is descended from a noble
family; his father has long represented the County
of Norfolk, and is of known reputation. During the
period in which Sir Jacob was acquiring his educa-
tion at Oxford, he became acquainted with a lady,
who is a party to this trial, and was the daughter of Sir
Henry Dashwood, a gentleman of high honour and dis-
tinction in Oxford. This was at that time of life when
impressions of this sort take the deepest root; he
became attracted by the charms and amiableness of this
lady; his acquaintance with her was improved during the
whole of his remaining stay at the University; his attach-
ment was returned on her side, and was rewarded by her
hand. I think you will find that in the month of
March, 1814-, he having been then within a few months
of age, became the husband of this lady, with the ap-
probation both of his and of her friends, and under auspices
that were likely to render a marriage between them the hap-
piest that could possibly have been thought of; her age was, I
think, about six or eight months more than his ; her beauty
is great; her accomplishments remarkable; her disposition
the sweetest ; and her temper the most mild. They mar-
ried in the presence of their dearest friends and connexions;
and the consequence of that marriage "'as, that the union
of the two families became much firmer cemented than
before. From that period until the unhappy time, when
the defendant was introduced into their fatn:iy, they passed
a life of uninterrupted pleasure, and uninterrupted bliss.
Sir Jacob, who had a splendid mansion in the County of
for Norfolk,
nitalriraitagpela;ceh;e theytiien
wentresid,wltth herhere
into the county of Northumberland, I believe, where he
had also estates; made a tour into Scotland; returned to
the
first
week his bride
ofMelton Constable, his mansion in the county of Norfolk,
Their o
and from that period, divided their time between his house
there and Oxford. Lady Astley was surrounded by every
enjoyment that a woman of her rank and fortune could
givinghcon pu
pdy cai on
hsutesi
rbt uat
rtuiedr
turn
eaerlyi levt‘o.hei
ihagnet
iatt happy
el adsn
who
.ehlcoi
go
Nnhyttif
btti
command; her husband devotedly attached to her; two chil-
ll
dren, the fruits of that marriage,and having every thing that
before
ycoeony
fto thatut,t
mh aehanar d which
rsai
taebdteeeemno ueproduced
will be t
been
eennd
now
ct
foa he best .
ati
me
jdua
krt evidence,
a hastNdn
highere
' hi a
the
h ice
edei diacp,rni,
actual
twlta;ctikneijihadll.
I wish, for the happiness of the Gentleman whom I repre-
sent that I could say that even now that affection which
took so deep a root in the mind had ceased to exist. I
know not whether that continued affection is matured or
not; it may be that this affection formed in early life
may have a shade thrown over it for the remainder of
both their lives. It has been said, and, I believe, justly,
that that passion which binds individuals to each
other is uniformly the strongest when it takes root earliest.
The first impressions are the most lasting; those which
follow are risme. under the government of the will ;eel
judgment. The first more kind and affectionate; the seconu
of those passions more mixed up h all that is assuming
and baser in life. Gentlemen, Sir Jacob having in the
spring of the year 1826, purchased a mansion in Lower
Grosvenor-street, being desirous of placing the arrangement
of the furniture in the house in a way that would be tile
most pleasing to his lady, he granted the indulgence of
her inclinations, by allowing her to corns to town for
a few days before he came, for the purpose of com-
pleting those arrangements Which she had partly
superintended before; and we have reason to believe that
Mr. Garth, the defendant, was first introduced at this
time, to the acquaintance of the plaintiff. It happened
that Sir Jacob fussing been at London, in the
course of that season formed a slight acquaintance
with Mr. Garth, who had shown him some civility by
having been the means of procuring him a pack of
harriers; this was the only mode by which they formed
their acquaintance. Lady Astley, upon her arrival in
April, took possession of their house in Lower Grosvenor-
street, and was soon followed by her husband, where
they lived for some time in town. Mr. Garth, who,
I believe, is a Lieutexant in the Guards, a Gentleman
very much engaged in fashionable life, with a splen-
dour and equipage, and fortune beyond the ordinary
rank of gentlemen in his profession, called on Sir Jacob,
as a mere visit of ceremony, arising from that
acquaintance. I am told that that was the first
time he had seen Lady Astley. The result was,
An invitation to the house ; and from that time he be-
; came a regular visitor in that mansion. His attention at
fitest excited no observation, there was nothing remarkable

in- his eonduat, nor anything remarkable in her conduete
towards him, calculated to excite observations. You all
remember that last year a general election took ;,lace;
Sir Jacob was persuaded by some persons, he not
'meing been so we4l acquainted with the arts of the
world as I am, to go to Seaford ; it happened that a con-
tested election took place in that town, and he went to
Seaford on the (Itli or 7th of June, accompanied by a
friend, and a Clergyman, who remained in his house as
Chaplain. They went there, but failed in their election,
which continued for three days. They returned to Lon-
don, and up to that time nothing had occurred that
excited their attention. Mr. Garth was at Lady
Asticv's parties, and met her in public places ; he
saw her in the party, as did fifty other gentlemen, whose
attentions to her were not all less 1 emarkable than
his. Lady- Astley's conversation and her affability
were quite sufficient at all times to invite the attention of
all gentlemen, not only from what is due to the sex in
general, but from the peculiar graces that accompanied her.
Sir Jacob was obliged to leave town shortly afterwards
in order to attend another election, in which his brother-
in-law was a candidate; then the Norfolk election followed,
and he went there. Those circumstances necessarily
took him from town for a short period. You
will find that during that period, namely in the
month of June, Lady Astley remaining in town,
Mr. Garth's attention to her, had become more decided ;
yet not so much so ae to have enabled any member of the
family to have male remarks, or to have justified those re-
marks. It was not at all uncommon that persons who had
(heed at tile house should have come to evening parties,
met Lady Astley at the Opera, and so on ; and
any observation upon those parties, or with respect
to 'Mr. Garth, would have been extremely indecorous
to Sir Jacob, without there having been clear grounds to
have justified them. Sir Jacob returned to town, and it
then became necessary to make . arrangements for the
summer. It was considered that the children should
have the benefit of the sea air; though he had a mansion
in Norfolk, yet she preferred the county of Sussex, and he
directed a house to be taken at Worthing for three weeks,
where the children were sent accompanied by Mr. Ellwell,
(we believe), and were to be followed by Lady Astley.
Indeed, Sir Jacob wished her to have accompanied him
on another road, but it was not unnatural for her
to object on the ground of her children having
been sent to Worthing, and she expecting Sir Jacob
also to go there ; she made a pretence therefore that
she could take no pleasure at the Yarmouth races,
to which Sir Jacob was going, but wished to
go where the children were. It had always been
the greatest desire of Sir Jacob to gratify her wishes, and
therefore he could not deny her on this occasion. Con-
sequently he left her under a notion that she would
go to her children in the course of two days, and with
an intention of himself soon joining her and the
children at Worthing. Mr. Ellwell came to town
and met the brother of Lady Astley, the Reverend
Augustus Dash wood, and he made a remark that might
have struck any one. He arrived rather late in the
evening, and I am not quite sure whether the never-
end Mr. Dashwood accompanied him all night or not,
but he did not sleep in the house. Lady Astley and Mize
• Astley, a sister of Sir Jacob's were not found at home;
they arrived, howeeer in the course of the evening and they
found that Mr. Garth had been accompanying them. After
they had been in the house forsome time,it appeared thatthe
carriage had been ordered, and the ladies set out in it to
spend the evening at Vauxhall, together with Mr. Garth.
This struck Mr. Ellwell with surprise ; and in the course
of a day or two he received a letter from Sir Jacob's mo-
ther containing expressions of great alarm. It stated, that
the attention of Mr. Garth had been so apparent towards
Lady Astley, that it had excited the observation of
ipte rhsacidn sr
reached
oe fd. tNh e
orhfooluks? e,t
ht latota gla
gr
onoott i l
emq
aint .
of It
the
namestated that
o f
Garth, had been so attentive to Lady Astley, as to hare
occasioned observation ; that she was unwilling to wound
the feelings of her son by making that communication to him
as it was but a report, and even though the report had
been true, might have led to no just inference affect-
ing the honour of Lady Astley ; but that she
wrote to Mr. Ellwell, that there might be an oppor-
tunity given to Lady Astley to be more guarded against
incurring the observations which are too often made
with respect to beautiful women. The Dowager knowing
that Mr. Ellwell was shortly to be at her son's house in
London, inclosed a duplicate of this letter to him, at the e
house in London ; he received it there ; it very much
astonished him, and confirmed the observations that he
h;tneelf had made with respect to the parties going to e.
Vauxhall. Though he did not like to mention the cir-
cumstance to Lady Astley, he mentioned it to Mr. Dash-
wood, and then thought proper to proceed im-
mediately to Sir Jacob. When he arrived there, he
found that Sir Jacob had received a letter from his mother,'
addressed to him (Mr. Ellwell); and, seeing the letter
addressed in his mother's hand-writing; and the parties
having been living on extremely intimate terms, he
had no hesitation in opening the lett :r, thinking it
might be requiring Mr. Ellwell to do something for her
that he (Sir Jacoby himself could imrnedirtely do. Upon
opening this letter, he got the first intimation of this
unfortunate occurrence that bad reached his knowledge.—
He had hardly ,recovered from the, agitation occasioned
by the perusal of this letter, when hi saw Mr. Ell-
well, and then they considered what was best to be
done, to rescue Lady Astley from nay imputation, for
he had had as yet, the greatest confidence in her virtue. It
was thought that the safest mode to be arlopted was, not
that Sir Jacob should proceed to town, Ine to dispatch Mr.
Ellwell, with a request to her that she should join him im-
mediately at the races. Mr. Ellwell lost no time in prosecut-
ing his mission ; he arrived in July, the day lam not quite
certain of; he found Mr. Dashwood here, but he learnt from
him nothingat all calculated to suspect Lady Astley's honour.
Communication was made to her that Mr. Ellwell had ar-
rived ; she had retired to her apartment; Mr. Ellwell had
no personal communication with her, or very little ; but
it was arranged that she should, at nine o'clock next morn-
ing, set out tojoin her husband; she expressed the greatest
desire to do so that she might thus rescue herself from re-
proach. Under this persuasion the reties went to re,' ;
they all retired to bed in the house in Grosvenor-street.—
Search was made for Lady Astley in the morning; she was
not found; a messenger was dispatched to Sir Jacob ; sus-
picion fell on Mr. Garth, and a messenger was sent there;
tl rsPor: nmdn Was; 'het 17:". Garth had not been at
home that evening; inquiry was made of a watchman,
whose box was in Grosvenor-street, and whose wife
had been in the habit of serving Lady Astley with
flowers, if he had observed any thing, and the infor-
mation given by him was, that a carriage had been drawn
up about 12 o'clock that night to the corner of the street,
Sir Jacob's house being about the third from the
corner; that somebody was observed to go into the
carriage, and then that it drove off at full speed; and,
Gentlemen, there can be no doubt that the elope-
ment took place at that moment. Next day Lady Astley
and Mr. Garth were seen together; on the following
day they arrived at Salthill, where they have been living
together ever since, and where there can be no doubt of
their criminal intercourse having been carried on. Upon
this there certainly can be no doubt, the fact of their living
together being notorious ; and therefore what is the ques-
tion you have remaining to try? Gentlemen, the honour
of Sir Jacob is in your hands ; I wish I could say that
since the period of the unhappy information he received
of Mr. Garth having proved false, that Mr. Garth's con-
duct had not been to have aggravated the injury Sir Jacob
had sustained; I have no doubt that you have not
listened to the scandalous reports that have been
spread against Sir Jacob since this occurrence took place.
I will venture to say a more faithful and constant husband
never was; a more dutiful husband to his wife, and tender
parent to his children, never met a seducer face to face
with more confidence than on the present occasion; but
we know there is a source of scandal in this country,
which persons are too often accustomed to employ for
their sinister purposes. Insinuations arc thrown out by

:bet" ; those insinuations are circulated from one quarter
imother, and by and by, the husband who has been injured
b• "ales a subject of enquiry, when before a court of
itn tit'e, and is called upon to vindicate himself, rather
:an to have reparation for the injury. We know what
.Ir. Garth has been doing, and I have no doubt that va-
11°Ite attempts will be made to-day, to benefit him, though
, believe without effect. Gentlemere I proceed now to
state to
pose you, what course Mr. Gat s'lopted for the pur-
pose seducing this unhappy lady. 'et. facts have been
'natter of subsequent discussion. The period of her acquaint-
ance with Mr. Garth was not long undoubtedly. We know
perfectly well how true the maxim is, that in a woman the
best part of virtue is discretion. A womae who once
ends her \villing ear to the flattering artifices of a prac-
tised deceiver, whose conscience binds him to nothing,who
i
e.. governed by nothirz but his lustful passions, who
Dishes to become possessed of the person of a married wo-
man i , "—Awl° s acquainted with the ways of the world—who
eaueavours to make the passing events pleasing to her—and
'vbo wishes to whisper into her ear some scandal
kgeinst her own husband—such a man is able in too
short a time to break down the barriers of propriety that
Ought to protect that woman, to cast an irreparable stigma
upon her, and to cause himself to be looked upon a. an
Object of after disgust. Mr. Garth contemplated that it
Ivould be convenient for hint to bare all the confidence of
this lady. He found her a woman surrounded by every
rornfoi t, with two children of tender years, to whom she
\vas devotedly attached; a husband who had never given her
allY cause of offence ; but who had been a source of een-
!intied consolation to her ; with a fortune so splendid as of
itself to afford every gratification ; with a family on both
leides, in whom she found the greatest delight. In that state
he found this latly,baopy—l may say above the usual degree
i°fhappiness in which almost any of her sex is to be found.
Ll-1 what state has he now placed her ?—he has gratified
uispaseions ; he ha' brought her down to that station in which
the is now one of the most prostrate. All her affections torn
asunder---the tenderest ties of her nature broken ;
and with those children she must ever cease to re-
fiard, instead of being a constant source of de-
ght to her, become to her a curse, and an
"'rim' torture ! Sir Jacob has been robbed of the most
tender, and most affectionate Ns ife, and what reparation
Will Mr. Garth make for this ? Will he attempt to say
Sir Jacob knew not how to value the possession he had
acquired? Will he pick up any anecdotes and incidents
'or the purpose of making his defence ? that, alas ! is too
Often the case. A defendant of this sort, first seduces the
Wrnaii, and then he gets hold of any incident he can, for
if purpose of making up a sort of defence ;
that is 'attempted in this case, I am sure it
Will be unstated from the history of the twelve years'
marriage; whatever that may be that he may think proper
to drag forward into a Court of Justice, for the purpose of
rnaking out his own defence. Gentlemen, it may be said
in this cake, that Lady Astley has fallen too easy a prey
tut a
'ewe I admit that every woman who falls a prey to
seducer, falls too easily. We know not by what rule
We are to measure it, if rule there is to be. This we do
know that there are men in the world, who, by
artifice,—by strict attention,—by apparent devotion,
" able to effect in a very short time that which
others would not be able to effect in many months or
Year's. If Mr. Garth can show that in any previous part
of Lady Astley's life, she ever betrayed any ill intention ;
;the ever manifested any indecorum; if he can show that
her husband's affections were not the most ardent towards
"er ; if he can show that her children were not most
,ttached to her, let him do so. If he can show he was thus
introduced to a lady who was ready to receive the seducer's
set, he will mitigate the wrongs he has done ; but I really
dO b
• ieve, according to my instructions, that he found her
be one of the most virtuous of women. Is it to be
said to-day that she fell too easy a prey; and is that to be
treidered a reparation ? Is that to deprive Sir Jacob of
rta °Pportunity of claiming at your hands another sort of
Paration for a lost wife, and a lost mother to his
eecheialildren? Surely not. Gentlerri,Jl, I aio. Rix:7:ost
of endeavouring to state what may appear in the
world
know
of fashion, to be an old and forgotten morality. We
r„:w 'very ',yell how these things are considered by gay
con-
sider lrof fashion, who treat them with levity, and who con-
the condition of people living in this state as the
bup!et of merriment, and scarcely yielding any consolation,
un a Court of Justice we must look at the superior re-
oil of life end take men as we ',ind them. In all cases
I,we : roust loop et those moral relations by which men, if not
A ought to be bound. By what rule can we do this ?
married woman ought to be surrounded with the
If °jlgest fence against men of honour and true affection.
thateos man perceives any thing in a married woman, from
blt'nell he could be induced to consider that he would not
repelled if he would approach her, I say on that very
dent he is bound to approach her at a greater
rZtailce, and with more reverence. Is there not a
theet east around by the law of the land, by
ins unction of religion by a just regard to all female feel-
,°,f every married woman ? Whatever a gentleman
les'io'nink in the moment of being under the influence of
you °4e and abandoned feelings, I maintain, in this place,
You d\vill not discharge the duty you owe to society, if
ought°,2e, show by your verdict that a married woman
°f eee`u DeProtected from the attack and from the approach
that erictna° except her husbaiv'e No man will tell me
Perh„, Garth himself has fallen victim to passion.
very 'rn the event of this cause ,:how, that at the
happy ic'nr`fient he was proceeding to seduce this tin..
gratify thatthe. passion he souht to have gratified
in
show, this Lady. Perhaps the event of this cause may
tile "lough that forms no part of my case, that one of
unh.
his ace,_ 7PY persons was made the very instrument of
ley Learlishins his des:res with respect to this Lely. If
Learned d
Young :an , en s shall be able to hold up to you a
beareato
mind
in the ways of the world, with a
worient:mlndf ready to receive impressions from a beautiful
viol ran' and ailing into an irresiseable state of passion too
made fot::',b.e overcome by him, then some apology will be
Whether
eileinnle But search your own hearts, and tell me
t,,,, ,ntYer do not know and believe, that in the ordi-
tviiJen le course of life, a man at a certain
fixed •n! heyeday of passion subsides, and prir s
in his mind, can look- at a married woman, anal can
approach mind,
with„i efeelings of that nature which ought to
tthr9w without having a power to reject them, and to
o irnprers er his own conduct ? Gentlemen, I wish
of no passion.vii :I Minds, thct Mr. G. has 1' p'l the virtiril
Which he wished at his view has been nothing but lust,
passion but his own have
gratified, and that therefore no
mind' has
the
sister fromn will, his own judgment, and his own
uced this. What is it that protects the
the
rot2as the daughter brutal
from o f
the the
vile brother
act ?
of t whathe isfaitthtehiat
'hat is it but that
ants which flows deep sense of obligation—that moral
f
implants in our
mindsrom the relations of life, and ellich
as sacred, and as ire a reverence for those relations
possibly be coneeived.P",
()treble, as any thing that can
but of the same kind, 's that t to the same degree, certainly,
i moral barrier which is
placed between the
passions ef a man and
a married woman. She riue:lfleonced about by the laws
of God and roan, and he
breaksobutof that fence, does
not, believe me, do it in one case a thousand, from
ut he does it coolly,
a. hasty and ungovernable
to gratify his passion, and, tocandestroy the honour of
the husband. I, therefore
in this case is receivable from consider no apology
in he is a gentleman who has Garth.ll
me years
en or eight
I un-
but he is
in the army. He is of the age of six or seven
and twenty ; I am not quite sure of his are
somewhere about these years. I understand- looks but
Young, but he is a man undoubtedly much versed
shionable life; an officer in the Guards, muclpracitniefeCl
among women, and not like Sir Jacob Astley, who
having married early in life, got the first object of
his attachment, cannot be expected to have been
50 practised in that way. Mr. Garth knew the week
side of the female sex, and. 'a
crentleman knowing that, ought
not to allow it to
invite' him to snake a prey of

him. Every pretty woman-is more or less open to at
tery, and why should it be otherwise ? Every woman con-
versant in genteel society, and of an amiable mind, is more
or less open to enjoy the pleasures that are derived
from an intercourse with both sexes ; but let me
ask, is that a reason why the man who knows
she is married, is to consider himself entitled to break
down the moral fence surrounding her, and to attack the
honour of the man who is her husband, and to destroy the
peace and happiness of that woman herself ? Gentle-
men, this being the conduct of Mr. Garth and of
this lady, when you come to give your verdict, the only-
thing for you to consider will be, first, what has been
the conduct of the husband of this lady ; and
next, would not the real state of this gentleman, but
for Mr. Garth, who unfortunately deprived him of his wife
and of the best of mothers—have been that of a long-
continuing happy husband ? At this moment he is
cast wide on the world. lie has new views, and
new arrangements to make for his future life. if
you find he has had a loss in its nature irreparable, the
imperfect compensation of money is all you can make;
and I think, if I could pledge myself in a:,y case, I would
do it in this, that you will think that compensation ought
to be the most ample. Though the acquaintance in this
case has been but short, Mr. Garth could have had no
authority for doing that which he has done, by which he
has reduced from a state of splendour and happiness to the
lowest degradation and misery this unhappy lady. You will
declare, by your verdict what is due to the plaintiff m this
case, as subject of compensation is the only way in which

.;ou cart ve it.
The following evidence was then called :
Mr. Ball was then called, and proved the certificate of the mar-
riage, which took place at St. George's church, Hanover-square.
The Dowager Lady Astley examined by Mr. Sergeant Ta nnv.
I am the mother of the plaintiff; be was married at St. George's,
Hanover-square, in the year 1819, to Miss Georgina Carolina
Dashwood, daughter of Sir Henry Dashwood. The plaintiff
had left Oxford University in October preceding the marriage;
their acquaintance commenced while he was at the Univers'szy.
The marriage took place with the entire approbation of both
families. It led to intermarriages between other members of the
families. At Christmas, after the marriage, I paid them a visit,
in Norfolk, at the plaintiff's residence, at Melton Constable.
From my near connection, I had an opportunity of seeing their
domestic arrangements, which I entirely approved of. I saw'
them also in London. They seemed to he extremely happy
together.—Lady Astley's conduct in her family, and otherwises'
was entirely as I could wish. They had two boys ; the younger
was born in March, 1825. The Plaintiff and Lady Astley
were accustomed to come to London at the London season,
and to live in the country thereafter. This was uniformly the
case with the exception of their going once to Scotland,
shortly after their marriage. I had no reason to think there was
any abatement of affection between them on either side, till within
three days of the elopement. I lived with them rt
Constable for three months previous to the 20th of
1826,' when I left there. During the time I was with
them, they were on the most affectionate terms, and showed
marked attention on both sides. Lady Astley's conduct towards
her cliihiren was very kind and affectionate, and such as I as a
relation entirely approved of. After leaving them I came to
London. Six or seven of my family were along with me at Mel-
ton Constable, as Sir Jacob wished them there at Christmas.
I think that Lady Astley and the plaintiff then went to Leicester-
shire, and about the commencement of the following April came
to London. Shortly before the elopement took place, I went into
Norfolk to visit my daughter, Mrs. Dashwood, who is mar-
ried to a brother of Lady Astley. It was on the Thursday
previous to the elopement that I heard the first surmise of
it. It took place in July last year. -I bad never pre-
viously suspected it, and even then could scarcely suppose
it possible. In consequence, however, of what I heard, I
wrote a letter to Mr. Elwell, chaplain to the plaintiff, a gentle-
man in whom he placed much confidence. I addressed two com-
munications to him ; one directed to London, the other to thne
country. I did not see Sir Jacob until he sent for me subsequent
to the elopement. His state of mind was then such as it is
possible for me to describe. I had not the slightest reason to sup-
pose that Sir Jacob's affection had abated.
Cross-examined by Mr. Sergeant V. I:CHAN—Mrs. Parke, one j
of my daughters lived with Sir Jacob and Lady Astley, two years
previous to her marriage, which took place in September, 1825,
and sonic member of my family has generally lived with them from
the period of their marriage. After Mrs. Parke's marriage,
Miss Blanche, another of my daughters, went to live with them.
Sir Jacob might have remained about a month in Leicester-
shire. I believe, but do not speak positively, that Lady Astley might
be 22, at the time of her marriage in 1819. She was about a year
or a year and a half older than Sir Jacob. I confidently assert
that I never knew a happier couple. Sir Jacob is remarkably
good-tempered, and far from likely to be betrayed :into
warm or intemperate language by inadequate provocation.
I never witnessed any violence of temper on his part, of which
in cooler momenta, he might disapprove. I never heard
any high words take place between them, nor any thing
approaching to anger. I hare had a house in Cavendish-
square since the year 1820. Sir Jacob and his wife used
to visit me there. I never heard any noise in their room
at all calculated to excite apprehension ; or did any acts of in-
civility or unkindness ever take place between them at table. I
was always satisfied with their conduct. I never saw her
quit the table in consequence of any intemperate con-
duct on the part of Sir Jacob. I remember that a gen-
tleman, by name Pratt, dined with me in their company, when
they had lodgings at Holding's Hotel. I cannot call to mind
that Lady Astley ever left my house suddenly to go to the Hotel
without proper protection ; nor do I ever recollect that she was
followed by Mr. Pratt. I do not remember that any in-
temperate language ever passed between them in my pre-
sence, still less any personal violence. Ido not recralect having
been attracted to their bed-room by any tumult, while
they resided in my house ; they frequently visited at Mr. Jerning-
ham's with Lord Stafford ; the latter never, to the best of my
knowledge, dined with me at my house ; recollection is not
otntfniev sterirer Jacob, s,se.entw •tioth to
La th.nadse•ytNlAiiinssg like improper attention paid on the part
tscesy.lsetr,enidn-gcliutiatumb;erl sipneackonsedegeuideendelevotfhaatm!
y
altercation. I have certainly been at v'arious times in their
room, but only for the purposes of ordinary communication, not
with any view of acting as a mediator between them. I never in
my life heard Lady Astley complain of Sir
r..itacob's ill-treatment
should
differencese tout
or violence of temper ; I never, in short, w'
between them, unless it were, as to whether witnessed
sed any
sh u
a week earlier or later :a London ; when Lady Astley would
appeal to me (but in a perfectly gentle and good-humoured
manner) as to which was preferable. I never heard her find
fault with Sir Jacob's attention to any other lady. He was more
frequently in her company, than is the case with most married men.
L. Astley was at Tunbridge with Mrs. Parke for about a month.
Ido not remember whether or not Sir Jacob went with her. I
was not there myself, and cannot exactly say why she went;
but I understood that it was in consequence of indisposition. I
ant not aware that Sir Jacob refused to go ; indeed I am con-
vinced that. had she wished it, he would have accompanied her.
He was at Melton Constable during the whole time I was there, at
;e)layr t d eocfl
Sir
Cbr,s.reee. When Lads- Astley' was in town last year, Sir Jacob
drat
electioneering torpyear a
tlt
ialgtiaoinn
ei,),ost teit
Jacob towards time Misses Jerningham or any ether ladies, nor, sill
witnessedng in
a thes
this moment, did I ever hear of any such attentions.
was abroad at the time, I do not exactly know whether it was in
T unnrer i dxgaemdi erdi during Y
the A periodsir Sergoefatnhte Tb
birth Y—of hLe:dt) Astley was
itSl saj
consequence of family illness. The eldest son will be four years
old next May, and the youngest two years next March.
Mrs. Parke examined by the Cox:does SznGEANT-1 am the
daughter of the -preceding witness, and was married in September,
1825. For two years, previously, I lived constantly with Sir
Jacob and Lady Astley, and accompanied them in their excursions,
I was with Lady Astley, at Tunbridge, for about a month. As
I was at school at the time, cannot say why she went there, but
believe it was from indisposition._ During the whole period of
my residence with them, they appeared mutually attached, and
lived very happily together. Sir Jacob was a kind and atten-
tive husband, and Lady Astley an affectionate wife, and ex-
emplary mother. I never witnessed any interruption of their
felicity. I visited them once or twice after my marriage. Lady
Astley called on me sometimes previous to her elopement, but not
so frequently as I might have expected. I left London last year
at the close of June.
Cross-examined by Mr. Sergeant Wmt.nx—l went to my brother's
family in 1823. It was in 1821 that Lady Astley -a. Tun-
bridge. Sir Jacob was there for more than three days ;
she did not complain of his absence; Lady Astley and myself, after
quitting Tunbridge, went to Lady Ayley's (a sister of Lady Aga
but were not ace mpanied by Sir Jacob. During the two
years I visited with them, their happiness experienced no in-
terruption. In the year 1825, they lived in Hereford-street ;I do
not
remember, while dining with them there, that Sir Jacob made
any
remarks regarding a Mr. Hu:llford which made me shed tears ;
nor do
I recollect his rising from the table with a knife in his

hand, and turning in a menacing pasture towards Lady Astley;
I do not rememb►r that her hand •.vas
.cut. Sir Jacob and
his wife might have differed in opinion with respect ti
Mr. Bumford, but their difference did not lead to a quarrel. Had
there been a conflict between them, I should most assuredly have
rememberA if. I swear that I never saw him. rise from the table
and threaten aer-ieial violence. I have not the slightest recollec-
tion of silk' ircumstance. [The witness was considerabl:•
agitated throunout the whole examination, but was here so over-
powered by her feelings, that she was obliged to retire.
Miss Blanche Astley was then called, hut, like her sister, was
so overcome that she was only able to give her evidence in a sitting

posture.
Examined by Mr. SC.,II.LETT-4 am sister to Sir Jacob Astley.
I went to live with him and his wile in April, 1826, in London ; I
lived with them several times previously ; their conduct towards
each other was uniformly affectionate ; Sir Jacob had recently
purchased a house in Grosvenor-street, where they went to
live fur the first time in April ; he kept a large establishment and
Lady Astley had every possible comfort ; she was very kind to her
children ; I never before them saw any thing in their conduct un-
becoming man and wife ; Lady Astley possessed eminent personal
beauty, and was a great favourite with our family ; she came to
town in April, about a fortnight before Sir Jacob, who, after his
arrival, lived with her till he set out three days after
for the Seaford election. They had a house at Worth-
ing for the children. She went there at the end of June.
I became acquainted with Mr. Garth in the beginning of May ;
he is an officer in t7:e Guards ; he visited at Lady Astley's fre-
quently afterwards, and was received at all her parties. I was in the
habit of going with her to the Park, where we occasionally met Alr.
G. His visits and attentions to LadyA. latterly became more marked.
Lady Astley went to Veaxhall and Richmond with parties, of
which he formed a member. He paid lice assiduous attention,
but not so ite to attract my particular notice. She was a general
favourite in society. When my brother was at the Norfolk and
Bedford Elections, Mr. Garth visited us more frequently. Mr.
Dashwood, a brother of Lady Astley's, who is in the church, then
lived occasionally in town. I remember Elwell coming to London
from Norfolk, and bringing a letter to Lady Astley, which occa-
sioned her excessive agitation, and obliged her to retire to her
room. This took place on a Monday in July. Arrangements
were then made for us all to leave town, Mr. Dashwood included.
I saw Lady Astley next morning, and, as far as I could judge, the
arrangements were perfectly agreeable to her. On the previous
Sunday Mr. Garth was in company with her, in one of the
drawing-rooms ; during Sir Jacob's absence from town, I lay in
her apartment every night ; on the above-mentioned Monday I
went to her bed-room, between twelve and one o'clock at night,
but did not find her there ; Mr. Elwell had by this time gone to
bed, and Mr. Dashwood had set out for his lictel ; I made enqui-
ries respecting Lady Astley ; Mr. Garth kept a dark close car-
riage and an open one, like a man of fortune; he drove Lady
Astley and myself twice in the open carriage.
Cross-examined by Mr. Buotionam—The Captain and all the
party went to Vauxhall, after they returned from Richmond; Sir
Jacob met us at Vauxhall; he did not go with us, because he was
not in town ; I did not go away with Sir Jacob, but I came away in
his coach ; he left in his chariot, and got home in a ehort time after
I crone ; Lady Astley come home with Capt. Garth to my brother's
house, in Grosvenor-street, where we implied. Sir Jacob joined us
there, and went off when the party broke up; what the hour
was Ido not recollect. I went to the French play along with
Lady Astley and Captain Garth, and another gentleman : when
we left the play we went to Vauxhall, all is her Ladyship's coach ;
this was in June ; her Ladyship and I went borne together, and the
gentlemen were set down somewhere. Capt. G. never went out
in the coach with her Ladyship, but he used to meet her in the
Regent's Park ; recollect hies meeting-her once and getting into her
coach, and driving about with her is the Regent's-park ; was not
home that night until 10 o'clock ; Ido not recollect to have heard
Sir Jacob say next morning, e.,t. breakfast, that he had been in the
park and had eee4 "atbeacaptain in the coach with Lady
Asticy. Ido a-not remember : Sir Jacob say to Lady
Astley, " t suppose ' the Captain is always with you,"
nor have I seen any thing to that effect in any letter of his to her,
for I never saw any letter at all of his to her. There was a ball at
Airs. Hughes', South. Audley-stresa, where Lady Astley and 4
met the Captain ; we were at another party in June there, but
the Captain was not. e. ie
Re-examined by Mr. Scwitarrea—On the night that we went
to Richmond and• Vauxhall, we expected Sir Jacob home from
Norfolk ; at the time the Capt. got into the coach in Regent's-park,
I was in the coach with Lady Astley, and the Captain was riding;
his horse was restive, and Lady Astley said you had better give
your horse to your servant, and get into the carriage. Consider-
ing the circles in which Lady Astley moved, I never saw any
thing in her conduct towards Captain Garth which I considered
improper, or from which I could suspect that there was any cri-
minal connection between them. At the time that Sir Jacob
went to Norfolk he had not the least suspicion of any improper
intercourse between Lady Astley and the defendant ; the Captain
was very guarded in his attentions to Lady Astley in the presence
of Sir Jacob.
By the Court—We made two or three parties at Greenwich ;
Sir Jacob was at one, and Captain Garth at all ; when Sir Jacob
did not go himself, Captain Garth always drove Lady Astley; Sir
Jacob did not express any displeasure at seeing Captain Garth
always returning home with Lady A., because he did net know it.
By a Juryman—l flo not know that Sir Jacob saw Lady Astley
walking arm in arm with Captain Garth, at Vauxhall.
The Reverend Mr. Ee.waat.—l have been intimate with the
family of Sir Jacob for many years. I have constantly re-
sided with him in the country, and sometimes in Lcadon.
I have every opportunity of knowing the terms on which
Sir Jacob and Lady Astley lived together, and have reason
to think that they lived very happy. They seemed very
much attached to each other. She conducted herself
at became a lady of her station, and Sir Jacob was very indul-
gent. I accompanied the'a to Leicester, in the winter of 1825,
where Sir Jacob went on a hunting excursion ; they lodged in a
hotel ; Sir Jacob never dined out from her • there but twice,
and was very attentive to her, he always took her with
him, even when he dined out ; there was a great
number of young men there; after stopping for a
short time there, Sir Jacob went to Melton (his seat
in Norfolk), and Lady Astley returned to London; in
Sir Jacob's absence she used to amuse herself at music, and in re-
ceiving lessons from a drawing-master. I accompanied Lady
Astley to town on that occasion; it was the 14th of April, 1826.
I stopped for a few dave with her in her house in Gros-
venor-street ; she seemed very much delighted with this new
house. I returned again in May with Sir Jacob. I stepped
for ten days ; Sir Jacob was, then much engaged in elec-
tioneering business ; he went to Seaford to canvass that borough;
he was opposed by another person; some time after he went to Bed--
ford, to assist at the election, where Mr. AlQueen, his brother-
in-law, was candidate ; Sir Jacob's ancestors represented that
place for many years ; Sir Jacob returned again to town on
the 26th of June, and stopped until the nth of July ;
I took a house at this period in Worthing, fur the children
whom I took there ; it was 'fixed that Lady Astley should join
them in that place after a short time; Sir Jacob was obliged to
him
to
rh:tleohNtjui y)nitgngi
sson,th.leoee,,.
ida hoteatic;:cni
go to Norfolk, to assist at the celebration of the coming of age of
onrdjte:il,ntia,liiytiovelsafu9yo,l:hlg7a
ntwh wished da
ieoLndai;dd Lady Astley
tsi ekeyfee tr
to
oe accompanypreferred
eonpgosetexposed
\Vunie
roeftutlri
echildren te b
to eing
ou
business soiree shedid
for Sir Jacob. About 12 o'clock at night, Lady Ast'e another
lady, and Captain Garth came borne from Vauxhall :IY)e' forerl,t
night, I never saw Captain Garth- I never heard of any inter-
course between him and Lady -AstleY; she enquired how Sir
Jacob was, and said that she declined going to Worthing,hecause
she heard that the children were very well; a letter came my
hands at that time, of which Sir Jacob received a duplicate.
(Mr. ScaaarerT said, that this letter could not now be read )
the Norfolk.dup duplicate,
Sir
and ja
The original has been destroyed—before that period, I never heard
nor had I any.reason to understand that Sir Jacob entertained any
suspicion of au improper intercourse between Mr. Garth and Lady
Astley ; he received the duplicate in Norfolk, he. did not come im-
mediately to town on receiving it, on account of some important
,cob
sent
business whiehhe
anhnadoyetdo
otnransseaecitngin
7meembedack tovery much
London in order to accompany the children to
town from Worthing, and to tell Mr. Dashwood to accom-
.pany Lady Astley and the whole of the family to Norfolk. I
July, and saw Mr. Dash-
letter from Sir
athe next morning
v.ajraorcodiovbe,,d
wainnhdoLttoloniladdtormit,beeontfhamatl:ielyhe2x4viethared otrofecJseeui:leedo
fr
to Norfolk. I called at Sir Jacob's house at ten o'clock, and Lady
Astley sent me word that she could not see me ; I went to bed at
twelve, and at one o'clock Miss Astley rapped at my door, saying
that Lady Astley was not to be found any where, and I got up and
made a diligent search ; I enquired where Capt. Garth lodged ;
and on learning, I called there, an. d was informed .that he was not at
home. I have not seen Lady A. since but once by accident. The day
after I set out to Norfolk, and on the subsequent day, 1 saw Sir
Jacob at the races at Yarmouth, and informed him of the circum-
stance ; it had an extraordinary effect on his mind ; he said no-
thing, but continued in a state of stupor, until he came to town:;
the shock which he experienced on receiving this news was very
great, end the impression it made on nay mind was that he was
sincerely attached to Lady AstleY•
Cross-examined—When at Leicester Sir Jacob never remained
out the entire evening; be always returned to take his coffee, and

noter went ont afterwards. Sir Jacob had a private rare whilst
there with Sir P. Mosten ; Lady Astley 'saw the race ; Sir Jacob
was absent from London during the last Spring for three days,
at Seaford ten days, at the election ; he went out of town also on
the Bth of July, and from that day he never saw his wife. The
witness during the time he lived in the plaintiff's house never knew
Sir Jacob to dine out ; thewitnesti further said, that to the beet
of his belief, the first occasion upon which Captain Garth
came to the plaintiff's was on the 11th of May, when he came for
the purpose of showing a bores of his.
George Smart, a watchman of St. George's, Hanover-square,
was the next witness. On the night of the 24th of July, he fre-
quently saw the carriage of Captain Garth drive up and down
his beat ; the carriage stopped opposite Davis-street, and
the witness distinctly saw a lady looking from the balcony
of the plaintiff's house. About half-past one or two o'clock
the witness saw a lady hurry from the house, and throw her-
self into the carriage, Nv hich drove off rapidly towards Bond-street.
From the acquaintance of the witness with the person of La,.y
Astley, he was induced to think that she was the lady in questio:..
Edward Needham examined by Mr. Di e.s N.—The witness
was butler to the plaintiff; Lady Astley was missing from the
house on the 24th July; on the Thursday following, the witness
went to the Wellesley Arms in Morrel Green ; he there saw in a
room Lala Astley r, she was deeply affectel, and when asked by
the witness to ret..: n, she more than once said, " I can't return."
The Nrfitness pressed, and conjured her to return for the sake of
her children, but still her answer was—" Oh ! I can't."
Cross-examined by Mr. Sergeant WILDE—The witness cannot
say that he paid particular attention to frequency of Captain
Garth's visits to the house of Sir Jacob, nor did he receive any
directions to make any note of them ; the witness can positively
swear that his visits were more frequent in the absence of Sir

Jacob.
John Webb, the lar,llord of the Wellesley Arm!, remembers
that Captain Garth and Lady Astlev erlme to his house on the
morning of the 25th of July, but he cannot say whether they
lived together as man and wife.
Sarah Allowav, the chambermaid, was called to prove this lat-
ter fact, but it was admitted on the part of flip defendant, and

:he witness was not examined.
Mary Fleming, the chambermaid of the Bath Hotel, in Dover-
qrcet, remembers Lady Astley and Captain Garth coining to
the hotel on a Saturday, and remaining there until the follow-

ing Friday.
Daniel Lorct examined by Mr. ScAßLErr.—The witness is
waiter at the St. James's Hotel, Jermyn-street. Lady Astley and
Captain Garth are now living at that hotel ; they came there on
the 25th of August ; they went shortly after to Weymouth, and
returned on the 17th of December ; Captain Garth has a car-
riage and a phaton, they frequently come to the hotel door ; his
riding horses also come there ; the ,•fitness does not know the
_ .

number of his servants.
Cross-examined by Mr. Sergeant VAUGITAIC.-Tbe witnesse
saw Captain Garth pay the amount of his bills to the L,otel-keepee,
one of 30/., and the other of 50/.
Another waiter at the same hotel, proved that Captain Garth
kept two grooms and a coachman.
Mr. SCARLETT here intimated that the plaintiff's case was
closed, upon which
Mr. Sergeant VenotrAN rose to address the Jury for the de-
feedant. " I cannot," said he, "approach this extraordinary case
without painful and anxious feelings. Indeed, every circumstance
connected with it tends to make my duty one of much pain and
much anxiety. In cases of this nature, the Jury, with honest
English feelings, is biassed against -the defendant. How much
more warmly, then, must you, gentlemen, feel, excited as you have
been by the eloquence of my Learned Friend. But I pray you,
gentlemen,to mark the value which the plaintiff sets upon the merits
of his own case ; not satisfied with the Counsel who usually prace
tice in this Court ; not satisfied with us gentlemen, he calls in
the aid of my Learned Friends, Mr. Scarlett and Mr. Denman,
and by their extraordinary eloquence, great discretion, and pro-
found experience, be hopes to improve a case, weak in its nature,
and by no means warranting the importance my learned friend
has endeavoured to attach to it; without their assistance it would
have baen nothing. I entreat you, however, gentlemen, to adopt
one suggestion of my learned friend : namely, to try the question.
by its own merits, and leaving out of your consideration,
the speeches of counsel on both sides, to bring your
mind, to a coolly dispassionate view of the circumstances, as
they shall appear before you. I ask of you no more than this,
and I feel confident, that when you contrast the witnesses for the
defendant, and the facts which they shall disclose with the meagre
evidence and florid statement which you have directly heard,
that you will come to a conclusion, as satisfactory to my client
as it will be conformable to the justice of this case. If, Gentle-
men, the only question were, whether this dark deed was done ;
if you had merely to try whether the defendant had committed
an offence which I certainly cannot justify, then indeed I would
not add one word in his defence. But when my Learned Friend
opens to you a case of such fictitious importance, where nay client
is characterised as a cold-blooded, ealculating,heartless seducer, it be-
comes me, his advocate, to show you that temptations were thrown
in his way, which it would be impossible for him to resist, were
he as chaste as a snow-drop, and cold as an icicle. Indeed
my learned friend told you, as if that must not rather extenuate
than heighten my client's conduct, that this lady peesessed a fine
person, was highly accomplished, and was in fact the idol of the
high circle in which she moved. He talked to von gentlemen, of
the flappinesslof the plaintiff and his wife, and described that only
bliss which remains of Paradise since the fall. Indeed, gentle-
men, so glowing and so warm was the description of his learned
friend, that he would almost induce us to look on this pair as
revelling in a state of happiness more purer than our first pa-
rents enjoyed even before the fall. Theirs' was one scene of love
you are told, from the period of their marriage up to the hour
when my client stepped in to destroy their blessedness. For nine
years. Aye, Gentlemen, for nine long year: their love was unalloyed
unabated. It was increasing every hour—it was growing more
and more, up to the moment when she eloped. Oh, Gentlemen,
what an elevation, and what a fall ! Indeed, the picture which
my Learned Friend drew was so over-painted, and so over-drawn,
as to intoxicate the feelings of any ordinary class of mortals. Do,
instead of taking the glowing description of nay Learned Friend as
the ground-work of your verdict, let us, in God's name, try this
question by the test of facts—let us judge of it by the sober vela-.
tious of life, and then you will see what the real case is on which
you are called to decide. The Learned Sergeant (Mr.:VA isGuAN)
then proceeded to say, that in this case it was quite
clear no confidence was abused, no friendship forfeited. The see-e
quaintance was only of two months' duration ; and, se the end of
that time, this lady eloped from her meat faithful, affectionate,
and unparalleled husband. There was not one circumstance
which should induce the Jury to believe that there had been-any
thing like an attempt at seduction. . The case was unfairly got
up. The witnesses were respectable, but who were they ?
the
mother and sisters of .the plaintiff and the family chaplain. In
other families there were trifling quarrels, but here -there was not
even a ripple to ruffle the Waters of affection. Up to the moment •
that he discovered her elopement Sir J. was represented ae being
the mosi 7.tectior husband, never giving the slightest provocation.
He was represent,;.; as having a princely fortune of 30,0001. a-year,
and es a most indulgent and unexceptionable husband ; now he
put it to the Jury, was there ever such a case as a wife throwing
off her allegiance to a rich, fond, amiable husband, without provo-
cation, and flinging herself into beggary, and into the arms of
another protector? He called upon the Jury to disbelieve so im-
probable a case, lie assured them that there was something rotten
in the tale which had been told. Captain Garth bad taken away
the wife, that wa' the rery lead and front of his offending, but no
snore. The adultery leel been committed, but there never was a
ease of adultery so free from anything -like seduction. Willy w.:%s
not Mr. Dashwood, Lady Astley's brother, produced ,
NfVoarsfein4rt:Wm•
mine might
theini
gperiod p
explode.
e T i,er elopement,but,,ere n o
visitorsNvas nportoctd.ulel called
either, although Sir Jacob was represented as entertaining the
whole county of Norfolk; nor were the maid-servants of Sir Ja-
cob Astley called, though in such cases they were usually pro-
duced, for they had a kind of prurient curiosity in such transac-
tions, which rendered them very useful as witnesses. Now, the
case stand thus :—Mr. Garth calls on the 14th of May on the
subject of some horses, Lady
places
acdnefyr:eAstley,.u:jed.n,t.elnytoiaat had agkdpenruoblwnul
ielciLNevspr,hl
aaa set
leeNes.ponewmr
shiaotim
before. After this period Sir Jacob was frequently out of
ns
s
moving in fashionable life might consider to be their duty, but it
was then sure the Jury would agree
out her husband ; and appearedt'°wiwt with him,ilthe that
t(hSiftar Lady
yena Astleyn
■
fittest and seemliest place is by the side of her husband. Sir Jacob
was not at the side of his lady, but was at Norfolk and Bedford,
leaving his wife open to the facilities and importunities of any may.
Where then was the extraordinary affection and devotion which Sir
J. was represented as feeling for his wife? Where was the proof
of it in his visit to Vauxhall. Sir Jacob arrived from Norfolk.
He goes to Vauxhall. Lady Astley is walking, leaning on the
arm of Captain Garth. The husband does not embrace her, and
take her from under the pupillage of Captain Garth ; goes
1;, one in a surly humour in his chariot, leaving Lady A. and Cap-
tain Garth to go home in Capt. G.'s carriage, which she had'fre-
quently used before. The fact was, that Lady A. was convinced
that Sir Jacob's habits were most profligate. She was assured lie
was carrying on a most disgraceful intercourse, and that his visits
and his absence were connected with that intercourse. This was
the case which the jury had to consider, and which would reduce
the damages to Is. Sir J. Astley beard some hints of hits:loW,
such
,N.hiea

dishonour; it was said it was ringing (trough the 021/11illy 51
NOrfOlk, and yet he went to Yarmouth races to keep his engsr._
ments. M hat engagements those were the jury would learn. They
would he shocked to hear that _they were connected with the
grossest and most abominable sensuality. He should prove that Sir
Jacob frequented improper houses at Yarmouth, and was actually
guilty of adultery. lie should also prove that he ecntinued the
sane line of conduct at Leicester, and that he even got out of the
carriage from Lady Astley to indulge in indecent habits with I:lW-
chaste women. He should prove that Sir Jacob made appointmonte
with such women, and pleaded those engagements to get away from
his wife. He should prove that this was net a solitary
circumstance, occurring from drunkennese, but that it wail
the constant practice of Sir Jacob. On one occasion
his want of feeling and delicacy was so notorious, that he enter-
tained a number of loose women within three doors of the hotel
where his wife was lodging. Those women actually hooted at
Lady Aetley, and became offensive to her. Was this to be borne,
could it be wondered at that Lady Astley flit no attache/test
to such a:husband, and that she considered his arms so pellutices Z.
Wee it to be wondered that Mr. Guth fell as many wen had
f*allen before to a lady of transcendent beauty and eoperior run
ners. There was no evidence as to Mr. Garth's fortune ; dee(
only heard that he was an officer on half-pay. It was tree if ite•
Lad committed any serious offence, he was bound to pay im person if
h ..ould not pay in puree; but he cencladed there was no sods of-
fence. Lady A. could not be supposed to possess any strong affeotiott
for a hnsband who pursued the course of life which Sir Jacob
' did. That she did not possess any such affection as was repre-
sented by the witnesses of Sir Jacob Astley, was demonstrated by
her elopement with Mr. Garth. with whom she was acquainted
only two months. Than what loss had Sir Jacob Astley sue-
tained ? If the instructions which lie had received were true, and
that they were, he had no doubt, Sir Jacob could not
come into Court, and say he had sustained any lose. It
was true the defendant was guilty of an offence against
the laws of morality, an offence which could not be excused, ha
was willing to admit, but he put it to the jury to say whetter
there ever was a case of the kind containing less of aggra-
vation ? He contended that there never was a lees aggra-
vated case, and he left it with confidence to the jury, con-
vinced that they would not sanction by their verdict coadnet
such as that which he was prepared to prove Sir Jacob had been
guilty of.
Upon the conclusion of the Learned Sergeant's epeoch, the wit-
nesses in support of the defendant's case were called upon.
Lords Sefton, Hawkesbury, and Stafford, were on tio Beat*.
In a SECOND EDITION we shall give the .r*-
. mainder of the Trial.

THE MARKETS—(THIS DAY).
CORN-EXCHANGE.
The alarming illness of the Earl of Liverpool, will doubtless
.s-
-casion the Corn question to be again adjourned ; this perplexes the
market here, and the people hardly know how to wake up their
minds about transacting business. The supplies of Corn exhi-
bited for sale this morning are small. The Wheat trade is more
free than of late, and the few fine samples that have appeared
may be quoted Is. per quarter higher than last Monday. Barley
is very dull and Is. per qr. lower. Beans and Grey Pease look
upward, but White Pease are still a drug iu the Market. There
are better prices made of stout Oats this morning, but the demand
for this article still continues limited. In Flour no alteration.—
All sorts of Spring Corn fit for seed are held at very high prices,
much above the annexed quotations.
PRICES ON !WARD or SNIT.
Wheat, Red (old)
--- White (old)
- Red (1826) 47s. 511.
Fine
- •
. Superfine s6s. Sas.
---- White (182(3)
----. Fine
Superfine fits. fits.
Rye (new) ' • 34s. 404.
Barley 3ss. 375.
Fine (new) 3Be. 30s.
Superfine 405. 41s.
M-
alt
Fine 571 6.5.1.
Pease, Grey (new)
----Maple (new) . s2s. Ms.
White (new)
---Boilero ',Os. 5.55..
ARRIVALS Or GRAIN IN LONDON DUJUNG

,0f,,,,i.„). ........ 11:... ros_

---asick (7'1;1;3 41a 46.
(old) las. Ms.
(old)

Brank .....4, ....4.
Oat+, Feed
....—..—.....---Ftne
—... Poland Xs.'
......... Potatoe .......91111. /4m.,
Fine
..."
*****
Scotch —. .
'11111...1::4
Flour (per sack) 44...11.11i ' .
......-....—Seconds 44e. 10e.
_---..North Country 4oo. 41,11 n..
IBran .... ................. —..— 11e. Ws.

_
ARRIVALS OF GRAIN IN LOII221.1121;4127.2111.114.:_
•• g i
From Whence. -, f 1
F. ..1 r' • I
—.---- —.-----• .......— -.sm.- ...se.
Qrs. (Jr.s I Qrs. Qrs. Qrs. Qrs. QTb. di.
Aldhorough 1%5 1672 - - - 47 119 26
Alemouth - - - 441 - - -- 2
Boston - - 5335 - - -.--
Colchester - 110 87 011
Harwich 375 265 1455 40 - 141 66 1061
A Leigh
).
558 154 'lO 151 - 275 118 ..-- .
~.i Maldon 534 588 425 - - 387 171 17111
Hull - - - 100 - 45 -- -•
Ipswich 9O 282 1264 - - 114 177 8041
Kent - 862 688 116 e
Poole - IS - - - ..- ..... 31
Portsmouth
Southampton - - - -- - - ..... it%
Woodbridge l3l 1116 67 -- - 71 80 lt6o
Yarmouth
Berwick
---..- —..-- '. --. .—..--..--. —.--,
4005 5997 6174 6515 -- 1111 1270 IWIS
Ines
.
irottisioN
Calais _. _ ... ss ..... 51, ... a.
Dunkirk - 160 -- 4bo
Groningen - ~.... ~ ~ 1130 644 147 ..,
Newharlingersiel 123 131 44 .... •
240 34
o.tend - .....
-- ---- —............
Total 4005 5897 6174 511.6 - 3728 1446 16

SMITHFIELD MARKET.
This day's supply of Beasts, Calves, and Porkers, was Maul"
rate, that of Sheep rather great. Beef and Pork went off heavily,
at Friday's quotations, from which, notwithstanding t'oe layout-
able state of the weather for slaughtering, Mutton and Wel n-
eeded from 2d. to 4d. per stone. About 1000 of tl,e Beasts
were from Norfolk and Suffolk, the greater part of the remainder
from the western and midland districts. There were some good
Beasts from Sussex, but their number was not great.
FKICZY FIR STONE .IF SLIM TO SIVIC TNI orrAL L
s. d. to 5. d. s. d. to e. d.
Inferior Beasts 3 0 3 4 South Down Wethery . 1 1 4
Second quality ditto 3 4 3 S Large coarse Calves.... 4 2 4Hs
Prime large Oxen. 4 4 4 0 Prime small ditto 4 3 8
Prime Scots, Ix 4lO 1 0 Large Hogs 4 0 4
Inferior Sheep 3 0 3 4 Small Porkers 4lO 1 I
Second quality ditto.... 3 4 3 S Suckling Calves...l2e. to 40s.
Coarse. moiled ditto... 31C 4 0 Quarter Md Pigs ..10s. to I. aadt.
SUPPLY, AS VEIL MUM'S STAMM?.
I sheep.
26,660 Calllv.r. rits.

Tiessta.
2,253

NEWOATE AND LEADENHALL MAILIZTS. ,
At per stone, by the Cameo. . .
S. d. to s. d.
A
3 0 4, 4 Veal
Niutton 2la 310 Pork ........ .... . . . . ...... I q &

F .',SHIONABLE AND MISCELLANBOUS.
BRIGHTON, FEB. 18.—On Friday afternoon, hie
MAJESTY, we are sorry to say, experienced a sudden,
but a slight attack of the gout in both his feet, which
immediately confined him to his room. His MAJESTY
suffered no particular pain, and passed a good night.
Yesterday his MAJESTY felt no increase of pain or
inflammation, and passed another good night.
This forenoon his MAJESTY continues much the
same as yesterday.
This forenoon his Majesty's household attended
Divine Service in the Pavilion. The ReY. the Dean
of Salisbury officiated.
Ths answer given to the numerous inquiries made
yesterday and this forenoon, at the residence of Mr.
Canning, was, that he is better.
The Right Hon. Mr. Peel, Secretary for the Hone
Department, arrived yesterday afternoon at the Par-i-
-lion, on a visit to his MAJESTY.
This forenoon Mr. Peel visited Mr. Canning, at his
residence on the Marine Parade, with whom he had a
long interview. It is uncertain whether. 'Mr. reel
leaves here this evening or to-morrow morning.

The Duke of Wellington transacted business, ou
Saturday, with Mr. Secretary Peel, at the office of the Seerstol
of State for the Home Department.
Count Ludolf, the Sicilian Ambassador,,transacted
business, oil Saturday, at the Foreign Office.
The lake in Vromnorc Gardens presentsai atphe-
pearance at this season t'of intense frost;
her Royalss Highness
gof Gentle-
Princess Augusta having kindly allowed
tendrn
Gentle-
men to skate, and of respectable couipant; o witness this delight-
ful exercise.
Lady Gresley's Monday Parties will bt &scow-
-1 tinued fora short period.

CRIM. CON.----THIS DAY.

THIRD EDITION.

SUN OFFICE, Seven o'clock.

ASTLEY ♦. GARTH.

(CONCWAIRD FROM OUR. THIRD PAW 4.

Mary Richardson examined by 3erjeant WlT.nx—l lived
Leicester in the winter of 1826, I know Sir Jacob Aatley ; I ass
him in my own house, and in the Bell Inn, in company with dire.,
females, named Spawfoot, Webster, and Burbitch ; in a privat.,
room in the Bell Inn, and in a public room in my own house,
along with more gentlemen ; the two latter females- are bonnet
and cap-makers, and lived in my house. Sir Jacob and the other
Gentlemen came to my house a larking, Sir Jacob gave me a
sovereign to fetch wine, and he himself went into a bed-room with
Burbiteh ; I went to the bed-room where they were in and
The door was fast. These females and I were at the races, where
we saw P.ir Jacob in an open carriage with Lady 'Astley ; he
)risSed his hand to us, and said he Would see us that night.
tress-examined by Mr. SCARLTIT.-I never told any person
about Si; Jacob till I was fetched to London. No person ever
asked me a question about him. I don't know where I live in Lou-
den, or the name of the gentleman who brought me here. The
three fortalet came along with me to town. I did not know
what t*4 coming to town for. Sir Jacob and the two other
r.:,entle.mzn came to my house at half-past nine, and remained until
twelve. Sir Jacob always gave roe a sovereign to fetch vii :e
whenever !..e erne. I was myself at the Bell inn with Sir Jacob
twice I).tweer. fioe and six o'clock. Some person examined me

I:Lcwri be wanta rn, about I would not

Lon:7.on. 7f 177
fX,! Litn.

Miry 'An r, 'Webster exan:lined by Mr. BrIOUG/1.3.n—1 live in
I was don; with last u-itn..^,s:,to l two other fanv.;es
where I Jac.. b, Lad; Astley, and
Sir Jacob kissed Lis
the evening and treat
; Liet bur.'. . - 'N'.1..:11 he hooked our petti-
n.a. the ar_;l of hh ve. were cerallowe--,ires
rad soniethitt hie,;;:-,e',n7 with • a 13.—; I saw him again in
the 13211 gate. I also saw two other woman fol-
lowine-l.hla, and attoth,zr geetlemar., into the Leil parlour.
C0:2.1 lenole Capt. Garth ;
wee hatv,-en 10 and 11, ,vlrei C .aw Sir Ja.wb at the
Beli gate. I talked of the ciieurnatance often since to sev,..-al
Fasces. A gentleman, named ;low7ird, came- to me, at Leicester,
last weals, when I told him the story, which I Lave here related ;
he gave me e shilling and a paper ; he might . take down what I
said on paper ; I told him what last witcess knew, and sent for
the other two females, who gave him information ; last witneea
told Mr. ' .• -.card, in my presence, that she Lad been in the bed-
room wit. Jacob, at the Bell Inn ; I went with him to Derby,
to fetch last witness; I cannot swear that he elept in the
same house where Mrs. Riciaard:e,-, slept ; in fact, tire. Richard-
son did not go to bed at all, she remained up all night, and I
mat up with her ; I did not see Mr. lloward in the course of
+hat night; I do not know where he spent the evening.
'siarlotte Walker, examined by Mr. CHITTY...4 have been in
:company wit.; gentlemen and ladies at Mrs. Richardson's, it: Lei-
zester ; I saw Sir Jacob Astley there ; they drank wine ; Sir
Jacob went with Mss Burbitch to her bed-room ; I saw Sir Jacob
at the races in his carriage with Lady I...stley and two gentlemen ;
he kiii”d'his hand to us, and said he would, treat us at night;
bAre we saw him in the carriage, he met us on foot, when he
hooked up the petticoats of Miss Burbitch with the end of his
whip; •I never' had an,. conversation with him, but I saAr
him talk it tither ladies I never was at the Bell.

'r:..,..

Ul:)rs.ClcarrasT
n't52.11 with •it;

Crowexamined by Mr. Stljealit saw Mr. Howard for
the Stet time last Sundayweek, when he gave me a paper and a
shilling; I believe the same gentleman travelled with us from
Leicester; we did not stop at all to dine on the way from Leices-
ter to London. Ido not know in what part of the town we are
at prevent.
By the CounT—When Sir Jacob pulled the girls' petticoat up
with his whin, at the Races, I did not hear him say, you gallows
eases or any thing else.
Lucy Burbitch, examined by Sergeant VAUGHAN—I know Sir
Jacob Astley, I met him, for the first time, in March last, at
Mr. Richardson's, at Leicester. There were two other gen-
tlemen present Sir Jacob went to a sleeping room with
me ; we remained there about half an hour ; he gave me nothing ;
I was never with him but ones ; he said he would see me
that Friday week, and make me a present, but he left
Leicester before that time ; I saw him at the races, when he
pulled one of the girl's petticoats up, and said, " Girls, I shall be
with you to-night ;" I saw him afterwards in the carriage, when
be put up his hand and threw a kiss at us ; I don't know which
of the ladies it was whose petticoat he drew up.; I am sure it was
not mine.

Sir Edward Mclean examined by Sergeant saw
Sit Jaeste Astley at Leicester, in 1626, when there was a private
race, between him and use ; I saw Sir Jacob on one occasion at
Mrs. Richardson's, one of the witnesses examined here. I was
standing- one night at the gate of the Bell Inn, along with Sir
Jacob, when two women came up and spoke to us ; Sir Jacob
and I went into the inn, and the two women followed us in and
and drank ovule wine with us. These women created a great
deal of noise; we put them out and they returned again; this
was not far from the place where Lady Astley lodged. I was
along with him on another occasion on the race course, and saw
hint hooking np a girl's petticoats with his whip, and cautioned
kite least Lady Astley should see him.
Examined by Mr. SCARLETT--The wine which the girls drank
at the Bell Inn, was what we left after dinner ; !Revers or eight
gentlemen of us dined together at the Bell Inn ; I do not think
that Sir Jacob had any improper intercourse with any female
there; I knew Captain Garth ; I cannot say that he was at
Leicester at that time, we had music at the Bell Inn one night,
And Lady Astley was there, but I cannot swear that that was the
night of the race.
By a Juryman—On the night we had been at Mrt. Richard-
son's, Sir Jacob paid for the wine; Sir Jaksb Ives out of air
tight in a private 700 M with a gh.l. whilst I was there : when I
said, that I thought that Sir Jacob had nothing to do with a
female there; I meant tha• I never heard so, and thought his go-
ing out with a girl was to kick up a row.
Captain Bulkely corroborated the evidence of the last witnees,
as to the transaction at the house of the woman Richardson.
On his cross-exaraination by Mr. Scanutier, the witness said
that as bad not communicated to Captain Garth the fact of
ii= Jacob Astley being at the house in question ; the first cause of
their going to Richardson's was, that a row took place in the
streets; all the Gentlemen went cut of the Hotel, and being
then near her house they entered, they were all ahewn into the
ezine room, in fact hunted together"—(A laugh)—The witness
most certainly did not retire with a lady whilst t the house—indeed
his going there was quite accidentaL—When Sir Jacob
Aatley went up stairs with the woman, there •.'as
much
titter.ng and laughing. The witrlcsa ease noother gentleman
but Sir Jacob retire.
Captain Rich, examined by Mr. ClillTY.—The witness knows
the plainta and he remembers having seen bin at Mrs. Richard-
tia, perhaps more than once ; certainty once ; he believes
it was on the evening of the day that the race took place
hetweva it .k.cob and Sir Edward Mosten ; there were
several women in the house at the time, and Sir Jacob retired
%el:at by stasis iagea,er.
In . answer to a question frier.. the JUDGE—The witness said
that Sir 'Jacob woes perfectly sober upon that evening.
F.: Raven Raven axe/Di:led by Mr Sergeant Vat:GRAN
Taeavitneae lives at Yamaouth, and saw Si: Jacob Astley at the
witntLs ini.d not known him
Yereaotee. recta Ju4 last;
'octave ;oa raca-course he spoke to he., and asked her for he:
aeud. -ah.eis the ?al a.eas eetueeel to give ; acea:tertaardraaw'aimatthe
raarket-plaea ; be tie:: said nutiiing to eet ; she positive!) sweats
ant =e Alen: saw Li:, is a pri.eee :onto, either is her owl: or
i 0 nay ether iiouee; all vie row reenembeia ear him' is, that he is
.1. Er. s.2sizitraan-,' A leue:s.)
•
'5C'LL'`37,--•-ltrl3 30 is Captain Garth.
• :Sesan examined by Mr. .:;ergeent Wtane—This witness
sib lives at l'arinoatia ; the sew Sir Jacob at t::e Jetty,
the Vaaxhail Gardess, et
eaaaay,
,to payt i'or her Yarmouth; he gave her some
adruissieli to the play-house, but did
foiluw tail up by •any appoiatment with ber ; be never con-
y:reed with tier but twice; there was no exchange of cards be-
meen them ; he only gave her five shillings, and these ha gave
without being reeked.
Thie v wee, cress-examined by Mr. Scantier:, and
tlippane -ad sturdy manner in weeich zb,
pave ail answers
excited much alerriment in the Coaee.
Mr. BaauGHAM.--I am net aoivainte(l
Mr. Baker, examined Lc
him by :+i -ht ; I
with Sir Jacob Astley merely knew
him at the het ferinouth aces ; I remember hay-
nen him at the Vauxhall Garuens. He was walking with a
Captain Mahon, and repeatedly addressed women as they maned
them. The women had not the appearance of being respect:.ble ;
indeed, I am disposed to say that the women were not modest.
—(A laugh.)
Mrs. Rose Constable, examined by T.r. Sergeant Vatona-1.1.
in Norwich. She does not know
She resides at St. Stephen's,
proceeding to detail some
Sir Jacob Astley. The witness was