Star.
London, England, 1808-07-20 00:00:00

Bawtry Volunteer Infantry.
Lieutenant Thomas Dawson Bowker to be Ca2tain, vice Mat-
thew, resigned. Dated May 16, 1808.
West Halifax Volunteer Infantry.
Lieutenant John Priestley to be Captain, vice Saltmarsbe, re-
signed. Dated May 10, 1808.
Ensign John Murgatroyd to be Lieutenant, vice Priestley, pro-
moted. Dated May 10, 1808.
Ensign John Sutcliffe to be ditto, vice Lees, resigned. Dated
May 11, 1808.
Samuel Farrar, Gent. to be Ensign. Dated May 10, 1808.
Bradford Volunteer Infantry.
Lieutenant Charles Hardy to be Captain ; and Ensign John Hut-
chinson to be Lieutenant. Dated May 10, 1808.
Ensign Benjamin Flesher to be Lieutenant. Dated May 11, 1808.
Wakefield Volunteer Infantry.
Robert Race, Gent. to be Lieutenant ; Jeremy Clapham, Gent.
to be Ensign. Dated May 18, 1808.
Wash Wood Volunteer Infantry.
inalgn Philip Hawley to be Lieutenant; George Roberts, Gent.
to be Ensign. Dated May 17,_1808.
Barkston Ash Volunteer Infantry.
Joseph Barker, Gent. to be Lieutenant ; Aquila Morley, Gent. to
be Ensign. Dated June 23, 1808.
Commission signed by the Lord _Lieutenant of the
County of Rutland.
Yeomanry Cavalry of the Rutland Legion.
William Gillson, Gem. to be Cornetorice Orme, resigned. Dated
July 11, 1808.
BANKRUPTS.
Daniel Bloom, of Trowse Millgate, Norwich, merchant, dealer
and chapman, to surrender July 27, August 3, and 30, at four,
at the King's Head, Norwich. Attornies, Messrs. Foster, Son,
and Unthank, Norwich.
Robert Bell, late of Newcastle-upon-Tyne, linen-draper, dealer
and chapman, July 28, '29, and August 30, at eleven, at the
Crown and Mitre, Carlisle, Cumberland. Attornies, r. Cleu-
nell, Staples-lan, London ; or Mr. Saul, Carlisle.
DIVIDENDS.
July 21. Mark Rowe, of Truro, Cornwall, shopkeeper, at plevin,
at the Rummer Tavern, Bristol.
JulyFtl. ThontasTremlett, of St. David's, Exeter, and John Hall,
of Alphington, Devon, merchants and partners, at ten, at the
Globe Taveria, Exeter.-
July 20. John Pearson, late of Mary Port, Cumberland, mariner,
at eleven. at the house of Joseph Wild, innkeeper, Whitehaven
July 19. Stephan HR , 81T bishopig: te-street, London, oilman, as
ten, at Uthintian.
July 19. Win. Hart and Samuel Turner, Jun. of Lotl bury, Lon.
don, warehousemen, at teu, at Guildhall

LAIV INTELLIGENCE.

IN THE SHERIFF'S comp', BOJFORD-ROW,' JULY 19.
CRIM. CON. --LORD BORKINGIION V. SIR A. PAGETT.
This was an action against the Defendant, charg-
ing him with having been criminally connected with
the Plaintiff's wife. The Defendant had suffered
judgment to go by default, and the Jury were impan-
neledto assess the damages. -
Mr. PARK said he had the honour to attend on be-
half of Lord Borringdon, a Nobleman of high rank
and fortune, who had been married four years since
to the Lady, whose infidelity he had that day to com-
plain of. The Defendant, Sir Arthur Pagett, was also
a Gentleman of rank and fortune, and the second son
of the Earl of Uxbridge. He had been employed as
Ambassador to the Courts of Vienna and Constanti-
nople, and for his services had been created a Knight
of the Bath, and treated as the confidential servant of
his Sovereign. The Plaintiff and Defendant were
known to each other early in life, and bad received
their education together at Christ Church, Oxford.
They afterwards met in Russia, and from that period
their intimacy and friendship had increased. In 1803
Lord Borringdon became intimately acquainted with
the Earl of Westmorland, and soon after, from his
frequent visits at the Eal l's house, was enamoured of
his present wife, then Lady Augusta Fane, the Earl's
second daughter. The following year his Lordship
made proposals of marriage, they were accepted, and
1 the parties were joined by the approbation of their re-
dpbctive families. His Lordship possessed the full
and en6re affection of the Lady, and they lived in un-
Interrupted happiness. At tile time of his Lordship's
'Marriage, he was thirty-two years of age, the Lady
only eighteen—however, the trifling d sparity of years
had never been considered as a bar to their conifim,
and indeed the Defendant was two years older',
than the Plaintiff, so that the Lady had nothing to al- 1
ledge on that score. In 1805, Lady Borringdon was
delivered of a son, and the affections of the parties, if
possible, were more strongly united. From that period
up to the month of May in the present year, Lord and'
Lady Borringdon lived in uninterrupted harmony and
matrimonial felicity, as up to that time kis Lordship;
had never any reason to suspect his Lady's fidelity.
The constant and unremitting visits of the Defendant
of then began, for the first time, to excite alarm in
his Lordship's mind, and, from some information he
had received, he immediately questioned her Lady-
ship as to the reports in circulation. Upon theresult
that investigation Lady Borringdon thought pro-
per to withdraw herself from the house of herhusband,
and had since lived in a state of undisguised adultery
with the Defendant. The Learned Counsel then be-
gan to comment upon the case he had to lay before'
the Jury, and first he noticed some insinuations
against his Lordship's character, which, he said, had
found their way into the public newspapers. He could'
ally accotmt for it, he said, by the uniform practice
of almost Aery individual, who having invaded the.
domestic peace of another, wishes to place the hus-
band in the light of an offender rather than that of
the offended. He trusted, however, that the Jury
would dismiss from their minds the obloquy attempt-
ed to be cast upon the Plaintiff's character, and that
he would defy the Defendant to produce a single act
in the whole progress of the Plaintiff's married life,
that was calculated to cast the smallest stain upon his
character or his morals. On the contrary, he should
prove him scrupulously attentive to his moral habits
and religious duties, and as an affectionate husband
and father, a happier example could not be found.—
He should call a medical man of respectability, who
would prove, that whether in sickness or in health, at
all times and on all occasions, Lord Borringdon was'
the best of lidsbands, and uniformly attentive, kind,
and indulgent. On the part, too, of her Ladyship,
he should prove, that up to 'the present unfortunate
connection, she was alike tender and affectionate, and
in.ber writings spoke the language .of a fond and
passionate wife. The Learned Counsel then reader-
tracts from two letters written by her Ladyship to
Lord Borringdon, when he was absent from her a
few days. The first was dated the 14th of April,
1806, and was to the following effect :—" I am sorry
my dear, dear love, to bear that you have not been
well. I hope, however, to see you in town to-mar-
, tow, and to find your head better. I was delighted
to find you liked and 'approved my letters—yours
were perfection. Your account of OW Wag (a 4.
vourite dog) delighted me, and I. fancied I saw pal

awtedaitreerrisiandtrernthe
extremely
yd
wlld
sco
bad, and
witassyeesclaruttm.n.Tht:
take lauda-
amceoflodrownhSaat Saturday, rda
ma y,
goingt at.
lowtealls iynod}cetdol don't
church, I hope, my dear Borringdon, you. will not.
nutn, and on Sunday found myself too ill to go to.
...think me negligent of your orders on this head,..
that it was laziness 'that- prevented my. going„
church."
Here Mr. PARK observed that it was manifest
Lordship had endeavoured to fix, those principles of
religion and morality in her Ladyship, which had,
been inculcated in her yout
"h:
-
The letter proceeded— 0 my deal" love, how
for I sha b
happy ship' be when to-morrow comes—make hastee
all anxiety till- I see you. GOD bless
my dear Borringdon." The Learned Counsel -then
read an extract from a second letter, dated April-, 1,
1807. It runs thus :—" It gave me inexpressible
pleasure to receive your letter. lam well, and dear
little Henry is well also. I hope my dear Borringdon
will like me to go to the play, as his approbation is
every thing to me. I can take no pleasure without it."
The first letter (said the Learned Counsel), proves
that the Plaintiff and his wife lived affectionately—
the second, that they lived happily ; and the result.
will prove that that happiness and that -.affection was
destroyed and broken in upon by the Defendant. It
will be 'shewn that he was daily lurking about his
Lordship's house, and the moment Lord Borringdon,
departed for the Parliament House, he flew to Lady
Borringdon, where he continued alone with her for
hours. Lady Borringdon too drove almost daily to
Kensington Gardens with her nurse and child, and
having chosen the Bayswater Gate as the most re-,
tired part of the Gardens, Sir Arthur used to meet.
her there. The child and the nurse went one way,and,
Lady B. and Sir Arthur another, '1 That'. sort of in-
tercourse was kept up till his Lordship's suspicions
were awakened by one of his domestics,and theelope-
ment of his Lady followed the disclosure..
Mr. PARK then commented on the misconduct of
the Defendant, an Officer and a Gentleman, who
had twice represented one of the most virtuous Mo-
narchs That ever breathed. • Hr ought, he said, to
have set a better example at his time. of life, instead
of violating his friendship, and the honourable and
moral obligations he owed to society. This, he said,
was the only country where the crime he was speak-
ing of was not.visited by corporal punishment. It
was found, however, to be capable of so many shade',
that it was impossible to apply a specific punishment
to it—and therefore it was left-to the good tease and
justice of a Jury of the Country to say what satisfac-
tion the injured husband should receive—that satis-
faction, he trusted, in the present case, would be
ample, and suited to the occasion. The Learned
Counsel concluded by observing, that the Jury would
be eloquently and powerfully addressed by his ;
Learned Friend, but when the captivating and daits
zling charms of that eloquence had passed away, and
reason had resumed its station, he had no doubt they
would compensate the wrongs the Plaintiff had sus-
tained, and give such a verdict as reason, justice, and
virtue should dictate.
• Lord Amherst was the first witness examined. He
deposed that he had been acquainted with the Plain,
tiff for the last nineteen.years. He had lived on ha-
' bits of intimacy -with hint, and continued .to do so
since his marriage. The Plaintiff married Lady
Augusta Fane, the second daughter of the Earl of
Westmoreland, in Amor July 1804, and by her hadone
child. The witness had frequently been at the house
of the Plaintiff when he and his wife were, without
any other company than the witness...and a few pri-
vate friends. He had also seen them.o(ten in private,
and his observation on the whole was, that the Min-
tiff end his Lady lived on the most affectionate terms,
and that the Plaintiff unifOrmli treated Lady B. with
the utmost kindness. He did not recollect a single
instance to the contrary.--On his cross.exatnination)
by Mr. GARROW for the Defendapt, the witness, said,'
the last time he saw Lord Borringdon and his Lady;
tfa4ethet was the early part of Aprillast.
The Honourable George Villiers:said, he had mar-
-1 ried the Plaintiff's sister, and lived-:with Lord and
'Lady •Borringdon both in town' and country, on the
.ilsost intimate terms. They visited at their:respective
howls, -and, on all 'occasions, the -coadlict of the
PLkintiff and hii Lady to each other was kind, affec-
tionate, and familiar.- They went regularly to church
on sunday, .and partook.of the sacrament together
once or twice a Year. He proved the letters produced ,
to be Lady' B.'s hand-writing.
Mt. Vaughan, sutgiien, proved that he had at--1
tended Lady B. in sickness, and that Lord B. was a
kind, careful, and affectionate husband, both in sick-
ness and in health. He never saw more polite end:
affectionate attention in any person. •
Sir W. Elford, who lived within six miles of Lord
B.'s country seat, in Devonshire, gave a similar tes-
timony. He bad lived in the Plaintiff's houSe, and
never saw an instance in which he and his Lady did
not behave towards each other with the utmost :mea-
1, tion and affection.
On this part of the case Mr. PARKE proposed to
give in
-evidence two letters, to whiCh he had referred
in the-course of his speech, written by. Lady Borring-
don to her husband during temporary absences.
This species of evidence was objected to by Mr.
GAnaow, and the ender Sheriff sustained the ob-
jection, on the ground that as the Lady was not here
a Defendant, and her parole testimony could not be
received for her Lord in this case, neither could any
statement of her's in writing be deemed admissible.
Elizabeth Grose had been nurse to the Plaintiff's
child two years. Vic family came to town in Janu-
ary
1808. Lord B. was in the habit of going every"
evening to the House of Lords. The Defendant often
came to the house; always in the absence of the,
Plaintiff. The witness used to go with her lady and
the child to Kensington Gardens. They went in by
Bayswater Gate. The Defendant was always there
when. her Ladyship went. She and late. Defendant
walked one Way, and the Witness and child•the other
way. They walked about sometimes for an hour
and a half, sometimes far three quarters clan hour.
This happened very. frequently, particularly" within
the eight days peirraqs to the time of. her Lady's
quitting the bonsai. which she did on the 18th of
May. The Plaintiff was always "ry attentive is
his tody and •chiht.Crossed-etamibeti by Mr: Ghat-
ROW. 'l'he witness said, that Lady R. and the De.
pendant sever quitted Kensipliton Gardpso.durifii
their sneetings_there, but that sbefretagaskt "ifs they
had came. thffwmt ways.

! '
Sarah Potter said,She had been Lady B oriogdoo
oda for four,years. Sir. often ca led, but she
~never s•air in a room' with hermirtress. She has,
however, seen hill: going out, but never saw
oorne in.. Crosnexamined by Mr.'Gaiteow. There
',were two beds hi. the room in which the Plaiat;l£ and
-ibis Lady slept ; they were hoda used, but were elvse
together.
-William Rodman, the porter,
.said, that the De.
fendant often came to the Plaintiff's house from the
inie of the family's coming to town till that a her
sladyshipes leaving her home. The Defendant at first
,carne when Lord B. was at borne, but, lsaerle, only
when he was out. He seldom asked for any person,
but immediately when the door was opened went up
stairs, and remained with Lady B. is the bark draw-
ing-riom, sometimes for an hour or an hour and a
half. From the 10th of May, eight days prerictr;
to Lady B.'s leaving her husband's house, the Da-
fendanes visits were continued almost every day.
Arthur Poston, a footman, gave similar evidence:
Mr. GARROW, for the Defendant, agreed with his
Learned Friend that the Jury were not, in a case of
this kind, called on to punish. They were not to
correct the manners of the age, or to suppose digit
was their province to' make things as :eel as Cher ,
could possibly be. Their functions were greatly cit.
cumscribei in this respect. All the length they could
go was, to make pecuniary compensation to Lord B.
ringdon, as far as his case could admit of compcnsa.
tion. As to paragraphs stated by the Learned Conte
:21 to ha4e appeared in the newspapers, there was not
a domestic occurrence of however delicate and
tressing a kind, which did not find its wa y thither, with
numberless additions destitute even a particle a
truth. He stood there, however, to protect Sir A.
Paget, not to libel Lord Borringdon. FTe proceeded
to contrast the present case with one lately before the
same Court. and shewed that the verdict in the one,
even supposing it.to be any rule for the decision of the
Jury in the presenetrial, had no analogy whatever to
the case under consideration. An attempt had been
made to represent the Defendant as an Ambassador,
for no purpose which he could figure, but ty intro-
duce a panegyric in which he most cordially spied,
on our most worthy and excellent King. The '
Defendant, however. at the period in question, was
no Ambassador, but the Ambassador of Love.
He was ss brave soldier, and as such lie had pur-
chased honours ; but his-fortune was yet to bc ac-
quired, for of that he4iad none. There was in this
case no breach of friendship, or of hospitality, which
the defendant had violated. The witnesses had not
been able even to bring him to the table of the Noble
Plaintiff; they had not even been seen together.—
Was this then a ea** which it could he alledged
the Defendant had broken in on the domestic com-
forts of the Plaintiff ? He submitted it was not. The
Iffy were rather called on to inquire if, instead of
heing an aggravated case, this was not a case of
compassion ; one attributable to the state of neumers
among the higher circles, rather than arising from any
peculiar blame. On the part of the present I)efend ant.
Fashion would here be found to be the bitter enemy
of both parties. Fashion teaches, that at the age of
-15 or 16, a young lady, who, if she be known to pos-
sess a fortune, has only hitherto experienced the flat.
tety other servants, according to whose account she
is all perfection, should be brought out, or introdutel
as it-is called. It then follows, as a matter of course,
that a suitable match should be looked out for hen
and if a person of corresponding rink and fortune be
found, his wife • she with all necessary- expedition
becomes. Fashion leads the husband atm W-ay, ash
the • Wife another. Fashion prescribes, even that(
I/rimkb:the parties lie in the same room, they should
sleiptoseitarate beds. Fashion, or be it the more
imperious duty of attending in' the House of Lords.
deaws the husband from home, and' an agreeable
-saunterer steps in. The eisit is repeated ardor and
again. But if either the one patty or the other could
invert the glass, and see how the prospect would end,
the first vi it of the kind would in most instances be
the last. Such was the situation of Lady B. she ims
prudently admitted the visits of Sir Arthrii Pewit,
and he as imprudently made theme These vtsirt-
came to the knowledee of Lord Borcingdon'iaaChlt
Lady-was questioned.- No criminality hadthen takers
place—no prying waiting-woman had here been ado
dnced to prove her hair being disordered--that she
had been found locked up in'ete room with a para-
mour, but die is questioned by her husband as to the
visits she had ribeived. Hove the question had been
administered to her was not known • • but her inborn
'sense of honour taught her, that, alter such a suspi.
ci on, she co eld no longer remain in her husband's house.
She probably had a partiality which she condemned;
that she had notnowthatundivided affection she ought
to have felt for her husband, whose abode she mu*
therefore quit. What, iu such a situation ought to
have been the conduct. 'of the Defendant ?—That
h it had been—that, he Would venture to say,
„Which would have-been the conduct of any of the
,gentleCtien of the Jury in similar circumstances.
After telling him that Lord B. suspected that these
was samething improper hi their rums that she was
rained past redemption ; that she could not look bey
husband in -the face that the world viewed then
conduct with a different eye from what they them-
selves had regarded it; that she had left her husband
and could not menu, what could his conduct be, 1%.-
fuming, as the learned Counsel felt himself warronte4
in doing, that there had hitherto been no criminality,
other than himself becoming her protector ? Had his.
conduct been otherwise, he world not have merited
the character he had already given him, but Irma('
have deserved greater damages to have been inflicted
on him than any which the Jury, in the present eke
eumstances, Could possibly award. This the Learn..
ed Counsel contended, Was not the case of a come
mon seducer. There was here no violation of hos-
pitality, but a sudden ruin, as it were, had come npott
the parties. He was confident is the whole circuitt+
stance of the case the Jury would be satisfied it was
riot an aggravated case, but an unfortunate one.
Mr. BUXIIILLL, the Under Sheriff, summed up'
case in a very-distinet and impartial manner ; ai
after deliberating for a aboish* timp4ary found
" ---,Damages 10 OQO6'

HIGH WATEIL AT 1.014D0N
t n litter AMP
. 22 mininee•Alies

LONDON : Printed and Published by LEVEL KE 1
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