The Sun.
London, England, 1816-07-01 00:00:00

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deortinc,t his wife, who, from the state of her
turret, could no longer act as his companion
nod friend—instead of consigning her over /to
those peraons, who', for money, took care of in.
dividuala in her melancholy .situation—he deter-
mined to adminster to her, himself, all the comfort-
‘voich was in his power. Ou that occasion he
svould not permit even a nurse to attend her.—
The noble plaintiff, holding as he did high milt-
undertook himself to he-
-I.atv and hereditary rank,
vome the attendant on his afflicted wife ! He
thought that his attentions were necessary ;--he
conceived that he, feeliog more deeply for her si-
tuation Than any o: her person, wits. more capable
of visiting her with that comfort and solace
which were so necessary for her recovery. lie
should call Dr. Croft before them, who would
nn-
ecltlivocally state this fact. Such; was the case,
hicii he woad Inhstautiate• to the Jury ; and,
lisving done so, he should demand, whether it
was not one that called for very large damages ? If
the rank of the parties,and thealfeetion in which the
plaintiff and his wife had previously lived, were a
grieind for large damages, he,.eontended that such a
gi wind was here most obviiina. He saw a learned
in-tither (Mr. Vaughan) to whose care the cause of
the ,lefendant was confided, attended . by 'another
learned friend (Mr. Sergeant Copley) whose eh")-
.
oneness they had Litely heard in that Court. Ile
knew.mit the course they would. adopt ; he could
not conceive the line of defence they worth! take.
But he was salt: of this, that no evidence would
be called. Ile was convinced, that they would
not give him au opportunity of again uddressing,
the Jury. lie felt, as well from the paper 'pee.
Into his hand by the respectable Solicitor under
. whom he acted, as from a knowledge of the p4r-
ties in this case, that there would be no ground
for calling evidence on the other side. Ile was
certain the case could not be removed from the
-broad principles cm which he had placed it, by
any evidestee.that could be adduced. 'lt would, at.
its close, stand OR the same ground on Which he
now placed it. The plaintiff was deprived of the
society, lie was robbed of the comforts which flow
front Stu affectionate wife, bythe acts of a seducer.
This was a short stateinent of the cake ;—and,
whatever the talents and invention of his Learned
Friend could supply (and doubtless" they
supply the best means of 'defence which the Case
offorded) would not be sufficient to cserthrow it.-
Whatever topics his Learned Friend knight ad.
vance, would, he knew, he addressed to the Court
it; a high strain of eloquence—so brilliant indeed;
that, but fur the justice of his cause, lie would
almost shrink front the unecpial contest... Form.
tiately, however, the success of the eausedid not
depend on the advocate on either side. The facts
must decide it. To them the Jury' would apply
their minds ; and, after a due consideration df the
evidence, they would *pronounce their verdict'.
From the experience he already had of their g(snd
sense, and discrimination, he was sure that he
-would feel perfectly satisfied with; that' verdict. '
He sincerely -hoped it would be amongst those
verdicts, which strouft in time, if any thing could,
• "putt a stop to, that guile and artifice, which led to
causes Stroh as that he now had the honour of soh.
mitring to their consideration. The Learned Ser..
jeant. then p`roceeded to call his witnesses.
Sir Richard Croft is an accouchetir ; was ac-
quainted with Lord George Beresford and his fa-
mily. His Lordship lived upon as happy tertns
with his lady as any Tan he ever knew ; attended
the lady also in her first accottchment. After her
confinement she was afflicted with insanity.
raugement not unfreqtretitly afflicted ladies in that
situation. On that occasion lie observed that Lord
George waited upon his lady with an attention
end solicitude to the full as great as helm! ever
witnessed its any man. At the end of the last
year Lady George became again indisposed ; Lord
George wits in Prance that time with the army,
brae returned on learning his wife's indisposition,
• Hit appearance was that of the greatest distrac-
tion and misery at the state of his lady; his coo=
duct was that of an affectionate husband.
Cross-exandoed by Serjettnt VAUGHAN .--When
this malady first appeared, after Lady George's
accouctiment, he asked whether she bad ever
been similarly alfe,cten before, and learnt (but he
could not say from whom) she had 3' was in the
habit of visiting the family merely professional-
ly, and on those occasions always observed that
Lord George behaved affectionately.,---After the
first indisposition of which he was witness, Lady
George was afflicted
,for several mouths, 'The
last indisposition, came on suddenly, perhaps six,
moth's after the birth of her !flit child. Did not
see any abet' Ladyship's female relatives attend
her her last. illness. Saw: Mrs. anti Miss
Sehultz,.her Ladyship's mother and. sister, visit
her occasionally, and Lady Elizabeth Moult,
The letter alluded to, and commented 'on by
Mr. Serjeant iigsT, was then put in and read...-.
The baud-writing was admitted. It was verba.
tim as hollows
The unmeaning levity with which t spoke to you yester-
day, though foreign to my heart, has madc'every hour since
we parted appear an- age, and other thoughts rustling on my
wind, have contributed to make me unhappy. Can you love
me whom you t,ay you do' not understand? Want of confidence,
Mist diminish love. In you, lay dearest Harriett, t have the
must totricet confidence ; it was not As 'speech Mt at' heart
when 1 said you aright, in my absence, flirt with !mother no
Inundirrsntoptnions, confident, artful at he might be, would
date to think you lightly won. I am stink ip melancholy de.
!:pair, lest sophistry even induce you to think -lightly. of a
crime, which I pray Heaven no consideration whatever 'limy
ever 1,-tel you to commit with another. When I think what
you have sacrificed fur me, the pence of mind you-leave forfeit-
ed, that recollection atomic, independent of my lure, my ado-
ratiunfor yob,. would deter me from inconstancy. Curses on
the character some hate given me, but not untlescrvedly.
have been a prnfligate,deceitfal,and inconStant, but IleVel to a
hein.c like my Harriett. Woman is softand gentle as the mould
in which she is forthed, till titan destroys the beauteous work.
you, were it possible to be treacherous, my crime would
be enormous, I have this feeling toward. you, that if the
world,- the London world, suspected one-tenth part of the
affection I. bear you, it should deem it impossible tar say
thoughts to he distracted tOr so instant from you to another
woman. Seach, now that bosom, and question it wbetlior it
loves Ileetive at well at Once be flattered himself it did, and
datters himself it does. Has no feeling-of pique within
the jast„ three".Veeks lessened that retied? I ant interruped,
perhaps you are, not berry for it.--l' kiver--my
only lave,--Duty cherish nil affection until you find me nii•
worthy, la. it, and 1 will perish sooner than give you reason
- to withdraw your regard.'
The AliaquisolCholnion • deley acquainted with
I fieorge liereSford and his Lady; they visited
his family and
.w,tre at his seat in Norfolk last
• q(Mliniierl with .ltim • ten or twelve
slays Irinn %coat he observed on that and
oceasionS,,Othty appearott to live pericerly
vii to,,ethe.e. tier Ladyship's conduct towards

Isis Lurilship was that of a dutiful and affectionate
wife.

. .
Cross-examined by Mr. Serielnt C9PLEIr.--The
principle. opportunity he hail of seeing Lord
George and his Lady was at his scat in Norfolk
last Chriiimfts. His IMIISC was then full of coin-
patty. lle s'tw them only in company; they were
merely person actptaintallCC3.
The Earl Of Arran is a relation of Lord Gen.
Beresford's : was acquainted with Lady George
since ltcr • marriage; bad opportunities of seeing,
them together frequently ; the conduct of Lott)
Geonre was that of an alleetionate husband : they
frequently visited at his house.
Cross-examined by Mr. Serjeant VAtic HAN.—
There was other company at the house when they
visited him ; they came as mere general acquaint-
tames.
Walter Jones, Esri, is first cousin of Loud 6,
Bereiford, %vas intimately Repainted with him
from his earlieit youth. lie Was married about
eight years. He had three children, all young
ladies. Down to the present time he hail risiC'ed
his family. They lived apc•il the
.happiest terms.
Lord George conducted .himself as a most affec-
tionate husband. She appeared to make a suita-
ble retnra. Lord George wits very seldom absent
from home, lie was
,al%vays attending his duty in
Parliame.nt. • • . .

Cross-examined.l,md George Beresford was
a domestic man, was never absent but on his duty
to his country.
Col. Bridges, brother-in-law of Lord'George,
bed notch intercourse with him and his family;
their visits were frequent ; from his obervation
the.conduct of Lord George was exemplary ; .the
conduct of Lady George- appealed to him that of
utt affectionate and.dutiful wife.
Cross-examined.--,-Repeatedly slept the house ;
knew Lord and Lady. ISeresfotd ever since their
marriage ; he did not believe Lord George'Beres-
ford to be a gav mati; he thoughtquile the re-
verse ; he never knew him to 1)e . ob*.ent-frotn his
domestic circle but on public business ; had a
situation about the Plidce ; this he did not think
had the effect of taking him ilway from home so
as to malie him otherwise than what might'he
Idled a domestic man.;
.w,itness married Lord
'George's sister.
-Re-examined.—Knew of po absence that could
be called wilful on the part of Lord George.
Here the evidence for the Plaintiff's Case
closed.

Mr. Setjeant VAUGHAN, addressed the Court for
defeutiant. He agreed that it Mould have
been idle to have gone into evidence for the pur-
pose of proving the adultery—the tact was pre-
viously admitted ; and he hoped he might take
credit, therefore, for as much anxiety as his
Learned Friend, to avoid entering into a detail of
circumstances which must have been equally of-
fensive to them all. in one of the. principles upon
which his learned friend had put this case he cer-
tainly coaled not coucur. He had stated that the
amount of damages to be assessed most 'depend
upon three considerations,—the rank in society of
the parties, the ;A:etion .wlifeh had previously
snlysisted between ihe linshaod wile,- -and the
mintier in which the defendant had ccluductcd
hitn,elf. Now, he could not acquiesce in the pro-
position, that rank spotild in any iligree form a
principlenpon which the determination of the ques-
tion was to take place. According to taw, t hepooren
man stood in this respect upon the sittne vantage
ground as the rieheit ; and upon this principle he
saw no reason why' the present plaintiff should,'
however elevated his situation,' he entltlctl to
greater damages than would be given to a perion.
t much meaner rook. The Jury:were to con.
eider !calmly and dispassionately first whet the
plaintiff had lost, anti next how he had conducted
himself. previous to mustaittity that loss. lie hatl
alwayi thoi(glit that this latter point was Fs very
important one to be Made out in t'%iclrncr. It was
not alone the nefendant who should be put upon
Iris trial, butbutt he plaintiff also; and the latter, in
his humble apprehension, was boomd to prove,
before lie was entitled to tiny very extensive te-
partition, not by common evidence, but by clear
anti satisfactory testimony, that he' hail been a
faithful, fond, and Affectionate hw band , devoted' to
the interests and comfort of his wife. What sort of
attempt had been made to make out such a case ill
the present instance ? lie called upon the .InrY to
examine the evidence to this fact. lie did.not meant()
deny that the ciretonitances of the tiise were of the
most melancholy deSCriptirin, and hi's Learned
Friend had not tailed to use his dexterity in intro.-
diming every fact which could add to the 'entre-
mity of the defendant's crime. Among others, it
had been endeavoured to be insinitated, that the
last mental derangemeut.ofthe plaintiff's wife was
in some degree asciihahle to the defeubnt.- For-
Innately, however, the I,nswer.of the witness, Dr.
Croft, had fully proved, that this was a malady
With which she had been before afflicted, and that
ft in fact war in the family. insomneb, therefore,
his client had beet; relieved frtkm an imputation
so (iVer‘4iielltifitg iii its effect, 'Whatever the plain.--
tiff Might have hist in his wife, she at least had
not lost her' reastin from the conduct of the de-
fendant. He now canoe to the other parts of the
ease. lie did expect that shoold hear some-
tiring horrible of die mode which` had been taken
to effect the sethietion of the plaintiff's wife. 01
this, however, what evidence had been given
nothing Istit the. litter of the defendant himself;
which barely amounted to an admission of the
fact ; but when this came to he read was it stus.
ceptiblc of the construct ion Which hint 'been put
upon it by his Learned Friend ? So far from bear,
ing-an air of triumph, it cautioned the untOrtn-
nate lady, whose ruin had probably taken place in
a moment of ungarded passion, apinAt the coati
-
nuance of offending. It spoke in the tone of con.:
trition and repentance, anti .expressed a delire,
rather that she should retnrn'to the' path "of virtue',
than that the criminal intercourse should be con-
tinued. independent of this, however, what
other evittettee had been submitted He natu-
rally expected the; his Learned ,Friend, whose
ingenuity and talent- in conducting such a case
were undoubted, would feel 'it prildent to
adduce Smile evidence, of a sutistantial and-
ungocAtion,ltdo description"as to the 'terms,
affection and harmony iii Which the tdaintiffand
his! wife-had tiveil previous to the untOrtunate
cause of the present tattli-on:.-But what' ,wat the evi-
dence he had subm!ttcd : was it of a CUUCIUSiVg etld

satisfactory nature, Or wits it notion the contract
vague and uncertain The first witness examin-
ed; as the airy would recollect, -teas Sir Richard
troft. It was true that this Gentleman was at
the.head of his profession ; that his character was
twitnpeached, and that his intedrity was unques-
tionable. To all that he said, therefore, he
should be disposed to give implicit credit : but
to what did. his testimony amount That hi
the hour of sickness, of itistress, and of diffi-
culty, the plaintiff had been 'attentive to h.s
wife, and had behaved as affectionately as any
other husband would havedone in a'similar si-
tuation. What, however, was this, but the vi-
sit of a professional man to his patient and
what 'was the ,condoct of the plaintiff, but that
which would have marked the proceedings Of any
'other man, however dihiclined he might be to
afford comfort to his wife in the hill enjoy-
' ment of health ? The man who with! treat his
wife with inattention in the hour of sickness
must indeed be us baibariau; but attention at that
moineitt, although it was evidence of the feelings
of humanity, was by no means conclusive as to
the existence of a paramount affection. Nothing,
in fact, enuld'be dednced from this, as a founda-
thiu fur large daptages. The next witness that
was called was the Most - Noble the Marquis of
Chohnondeley ; and it a man of high rank and
illustrious descent were wanting to give dignity
to the cause, such a man was to be found in
hint. He conf'ssed, however, that be never
heird colder evidence as to the affection which
subsisted between the'parties. When he heard it,
in fact, his hand was almost palsied as he attempt-
ed to indite it on his brief. What was the effect
of this Noble Lord's testimony ?—that the de-
fendant ansl his wife lived perfectly well together,
and that he never saw any thing in their con-
duct otherwise than affectionate. But what were
the opportunities affoided hint of observation ?
. why, simply those which occurred in the .course
of ,a visit which the plaintiff and his wife made
to his Lordship's seat in Norfolk, during which
time thehouse- waisrowded with company. The
wife not in that interval exhibited
articles c.t pe
ace ,against her husband, and there-
fore they were the most affectionate couple the
world. if he (Mr. Seijeant Vaughan) might he
allowed to judge, he apprehended that °tall !)laces
and of all occasions the house of a friend, and
the congregation of a large and brillfant company,
wound .be the last opportunity which :a couple
otherwise than -affeetionated.vould choose to ex-
hibit their mutual discoutents. The third wit,
ness was, the. Earl of. At rani but it did taut ap-
pear that this Nobleman had, onre's)ept
the bonse with those parties, or that he had ally
other'means of ascertaining their feelings towards
other,. save what ,was afforded in the course
'of sin ordinary Ocquaintance.' Mr. •W. Joiles,
was the next witness ; but neither' had Ne.
ever slept in the -plaintiff's house„ yip, indeed
was there any one witness who had—any
person who could be supposed to, have seen them
off their guard, or in that state of famlliar and do-
mestic intercourse in which alone their real feel-
ings, and dispositions could Ire discovered. It was
true iiaat Colonel Bridges, who was the last Wit-
liC9Sl eitallthlt4, was the. intimate iscqnaintance of
Lord G. lieresford, anti had gone further than
'those who preceded hint ;, butt he too bad. never
slept in the saute house, nor-did he venture to 'say'
that he had ever unveiled the curtain which good
• manners would. ni;cessarily. throw around those
-scenes which could only be unfolded to those who
lived in the Settle dwelling, and were associated
in the closest intimacy. It his Learned Friend
had asked him whom he would have salted on this
occasion, he could have no difficulty 'in answer-
lug, that ltewould have preferred the mother. and.
sister of Laity Beresford aud Lady Elizabeth
Mona, all of whom were in the habit of elose
intimacy with the family, and would have afford-
ed the, clearest tind most, satisfactory information
upon those, points of domestic happiness' on which
so much of this case depended.; 'l'u these might
have been added some of the confidential denies.;
tici.Of the family—he did expect to have seen the
lady's maid, the housekeeper, the butler; or the
valet of Lord George ; and not finding them
ranked . among the 'Witnesses, tie confessed he.
coulii not shut 'his eyes to the belief, that his
Learned Fruited, .was satisfied their testimony
would pot have tended much to etiliauce the loss
which.the plaintiff had sustained. , For all these
reason's it was,: that he was induced to imagine
the case Would not be considered by' the Jury..as
of that flagrant • kind
,which It Learned Friend
Wouliflead them to. conclude, Upon the subject
of the smoinit of the dantitges- to given to the
vlaintiff, he had only to say, there was is graduat-
ed scale by which theY were to be guidedgi mid it
Was for the Jury,to, say, whether tube case of the
defendant was to be at the' top or the middle;
dial was a matter entirely fur their consideration.
He had been sortie years in the world, .and during
that. period had obtained some little experience.
He confessed, howeviir, that'the result of his obz
sorvittione 'Was, that it vos almost as difficult to
draw the earth out of its course, as to seduce the HT,
f ectioosofFt,virtuous woman, where the h ushandbad
been all that poetry had described as the just attri-
butes of. his character. It Was, in hiSepinion,
possible to seduce the affeetiont of a wife where she
wait-treated by her husband withbeconting respect
and-affection. If, however, she- was left to the tent-
tallow; and ~..eiterstents of the fashionable world,
nagarded and unattended by- him to whom her ho.
now' was most dear, While he went in an oppo.
site course, it was impossible to answer for the
consequences. in such cases the parties trod ups.
on ignes supposilos eineri' dolcsa. They all knew
what human nature was, and that
----- -. The wife is sken, wbere -danger lurks,- •
Safest and seemliest by betimsband's side.
Withlegard also to the amount of damages, be bad
to observe, that no evidence had been offered -to
prOvet he,defenthint's ability to pay Lucas yihtmages ;
he might, for aught the Jury knew, not be worth
a o
shilling.l;ie i lie` lived
ligvie•odn7il:l fl.:titg.h►cornacniktit'lina gn(itlftia;
itewas rich ; it rather .fUrnished, iniked, au in-
feretite the other way.- It was true he wag the
:lit; findes• heir oft
')teil
be' his s l‘eixdr
p t(!ctitilit t no: s ehaetryl °wr ed'r;e butriott
tn be bettered- by a transaction of this na-
ture. What he. would chiefly peos was, that the,
present was not a case attended by circumstances.