The Sun.
London, England, 1827-02-20 00:00:00

SPIRIT OP THE PUBLIC JOURNALS.

There is no doubt, that the political life of the Earl of
Liverpool is terminated, by the stroke which stretched
him speechless on the floor in his private apartment on
Saturday morning lase; and, should his natural life be still
prolonged, the boon will bestow on its possessor the me-
lancholy privilege of observing how the world has cou-
dueled itself, in his regard, after his decease. It was bat
lately our happiness to have cheered the gloom of the
death-bed, by informing the sufferer how his character
would be summed up when he could no longer add to, or
detract from, the account; and it is remarkable, that oer
sentence was repeated with expressions of approbation by
him, who may now himself be sai'i to await the worll's
award upon his own life and conduct. We shall, for the
present, however, :urn rather to the exertions which flee
making to supply the place of the Earl of Liverpool th:sn
regret his abrupt departure from it. Mr. Canning's
talents seem to point him out as the natural eitc-
cessor of his friend ; or at least some hardihood would
be evinced by the man, be he who he may, of the
present Ministry, that should say of himself that he was
worthy to step in above that Right Honourable Gen-
tleman, and to command his allegiance as a subordi-
nate person, or punish his disobedience by dismissal.
The' Duke of Wellington is said to evince a cha-
racteristic activity at the present crisis ; but it is ino..e
peculiarly thought, from the general liberality of principal evinced
by Mr. Canning, that an union with the Marquis of Lansdawn
might be accomplished, that nobleman stipulating only for the
ministerial support of the Catholic question, and not rendering
the admission of many of his friends a si,,e gn; eye. His fen is
also, it is said—that is, the Whigs as a body,—are ready to make
this sacrifice of personal aggrandizement to public principle. "Let
but the cause succeed, and we are willing to place nureelves cat
of the account." Mr. Peel likewise, it must have been observed,
has recently shown himeelf most forward in applauding these
sentiments which are esteemed exclusively, or par preferea: e,
liberal; and Mr. Peel has been at Brighton with the King—Mr.
Canning at Brighton, still indisposed, but near the fain. Tie
adverse system of policy is thought to be supported by the Deee
of Wellington, for we have nes er heard the Chancellor mentioned
since the attack of Lord Liverpool ; but the Duke of Wellington
would have a powerful call made upon his talents for debate and •
explanation, if he should be placed as leader in the House of I
Lords.— Mr. Roberts,:n, a gentleman of high character and un-
impeachable integrity, might conscientiously and beneficially act
either with the more liberal of the aristocrats, or the less demo-
cratic of the liberals, but could not assimulate himself to the ex-
travagant of either party. Upon the whole, it cannot be doubted
but
.that Lord Liverpool's' malady, though it may have deprived
Mr. Canning of a warm personal friend, an admirer of his talents,
and a partner of his cares, will yet tend greatly to promote the
success of theism principles, towards which, as a statesman, Mr.
Canning was gradually attaching himself.—Times.
All sorts of conjectures are hazarded with regard to the
important Ministerial changes to which the termination of
the political life of Lord Liverpool must give rise. The
general opinion seems to be, that Mr. Canning cannot,
with any regard to his own reputation, form a part of any
Administration in which he will not possess an ascendancy.
We think we may safely say thus much—that a departure
from the liberal system lately pursued by the Ministry
would be attended with very serious consequences to the interests
and reputation of the country at the present moment. We can
hardly therefore conceive that an " old Tory" Administration
welibs imposed on us. By acting with fairness and candour, the
existing Adminietration have in a great measure disarmed Opposi-
tion, atul obtained credit for good intentions, even from their ad-
versaries. Even where their measures were blamed, allowance
was made for the conditions on which alone a Government can be
carried on in England, under the existing system. They cannot
complain of factious opposition. But, should they be succeeded
by men less disposed to sympathize with public opinion, a bad
spirit towards the public must necessarily beget in the public a
hostile feeling towards them. Perhaps there never was a country
se long in a distressed state, in which there wai at the same time
so little political discontent. If this is creditable to Ministers, it
is.aim not a little creditable to the good sense of the people. If
a different spirit should be found to pervade the people, their past
conduct will enable us to know to what cause we ought to impute
the change.—Morning Chronicle.
Various conjectures are' already afloat, as to the future
posses; or of the First Lordship of the Treasury, in conse-
quence of the lamented illness of Lord Liverpool. Some
persons have Already assigned the office to Lord Welles-
ley; others to Lord Lansdown ; while a third class con-
sider Mr. Peel as the person to whom his Majesty will
confide the formation of a new Cabinet. Of course,whtle
repeating these-reports, we rre conscious that they must he
very farin advance of any thing like certainty ; and indeed
it is quite clear that one at least of the persons thus
named' can scarcely yet have heard of the public misfor-
tune which gives rise to any of these conjectures. Passing
by these reports as the mere on dits of the day, we are
anxious, to express a hope, that if a change in the Ministry
unfoxtunately becomes necessary, our excellent Monarch
will not be hurried into a decisiog by those immediately
about him ; but that he will have recourse to the opinion
.of some of the ancient Nobility, and that what may be
teemed the none homines will not he permitted to take the
Gskeenment, as it were, by storm, without reference to
those v.o, with less showy talents, perhaps, possess as
raiieli real knowledge and more legitimate weight, than
some whose qualifications may be found to have more of
pretence than of solidity. It cannot, however, be denied
that _many of the class lo whom we are adverting—the an-
cient Nobility of the realm—have too much neglected the
qualifications which would have enabled them to serve their king
and country at &crisis like this. If, instead of being exempted
at our public schools and universities from the studies and disci-
pline of both; if instead of carrying the indolence and frivolities
of these places to the turf and to the gaming'tabl e. their time had
been devoted to the interests and service e; their country, the dif-
-scuity we are now in would not occur, and the Crown would
not - have to seek for the main elements of an Administration in
I, lower sphere of life. T'uie observation, we are aware, may
wry more of aristocracy of feeling about it than some of our
reader may admire; but, looking at the mixed nature of our
we feel persuaded that every man of deliberate eh- '
se C"gttioitt;ntis:ll.i;i gr, o,lon .4 with us in thinking that the just balance
aflame Conetitotion can never be so well preserved, as by each
braludr of it maintajoing that rank and ascendancy of talent in the
State which can alone be the result of a due estimate of their own
legitimate weight and importan-ce. We are well aware (and it is
one of the striking advantages of the British Government), that
men is every rank of life 'can rise by wealth, by talent, and by
enterprise,, to the highest offices of the State. But we frankly
own that we do not wish to see an Administration in this country
formed exclusively of such persons. We have a hereditary
mo-
merchy and a hereditary nobility. The one are the acknowledged
natural councillors of the other; and we trust that the time will
never come when the dearth of talent and of influence will be so
lost emcee these natural Counalere ef, to reetitic :t
necessary for the King to form a Cabinet exclusively from the
next and lowest grade in the Government. A complete amalga-
oration ie what the Constitution looks to. A mere democracy of
origin m;glit lead to a mere democracy of action.—Morning
Herald.
It is with no 11
iggardiy feeling towards the Royal Fa-
may, but as sincere and ardent friends to the Monarchy,
that we exceedingly regret the course which Ministers
lu'ora thought proper to adopt relative to the proposed ad-
ditional grant to the Duke of Clarence. The amount, it
is true, is not a matter of vast consequence either way.—
On the one hand, his Royal Highness would, we believe,
be quite as happy, seal to the full as respectable in the
eyes of the country without it; and, on the other, the
sum of 9,0001. per annum can make but a very trilling dif-
ference indeed, in the total expenditure of the couritrea
But to unit appears quite preposterous, that on one night
the Under Sectetary
.of State shall stand forward and re-
commend the expatriation of no small part of the commie•
nit! at the public expense, on the ground of the country
being no -longer able to maintain them ; while, in the next
the Ministers propose an additional grant out of the re-
venues of a country so exhausted, for the " decent sup-
re" (as one of them, with singular bail taste, is pleased
to term it) of a member of the Royal Family, whose in-
come is already splendid, and who is admitted on all hands
to have expressed no kind of wish for this gratuitous ac-
cumulation of the public burdens. We agree,
too, with
those who think that while a begging letter, in the name
'Attie King, is- going round the country soliciting alms on
betadfoetlarge portion of the community, it is somewhat at
OrineOivith the terms on which the public commiseration is

thu.s soliei OA that his Majesty's name shoald be at the same time used
to solicit-the Omit inciestiott.ou'hihalf of the Duke-'of Clarence..
We do not, however, ourselves believe that either his Majesty or
the Duke are the originators of the measure. but 'rather consider
it as one of those gratuitous acts on the part of the Ministry, by
which they think they are upholding the splendour and rexpectl-
bility of the Monarchy. It is too much the fashion now.a-dacs
for men in all gradations of life to travestie a well known line of
Pope, and persuade themselves that
" Wealth makes the man, and want of it the fellow."

The truth, however, is' not to; wealth will always carry with it
its due share of weight and-attraction, but we trust that there is
virtue enough in the world to look to some other grounds of merit
beyond that ; and, among others, self-denial and fnrbearau.•e
among public men will, we trust, on many occasions, have much
more influence among the well-judging part of mankind than any
attractions or advantages that mere wealth can bestow. To the
true rank and dignity of the Monarchy we are ardent friends, and
as such, we would say to the Duke of Clarence, " Would you
win and wear the love and affection of the country, reject a boon
which is not unanimously bestowed." Betides, there was a great
want of decency in making such a proposition so soon after the
death of the late Duke of York. It ought to have been delayed
at least till next. year. Had such delay taken place, we do not be-
lieve that there would have been gr,lrnbling on the part of any of
the people.—Thid.

Public attention was absorbed, during the whole of yes-
terday, by the calamitous situation of the Noble Earl at
the head of his Majesty's Government. Expressions of
deep concern, of unfeigned sympathy, fell from every
tongue, indicative of what every one felt, that a na-
tional disaster had been experienced, by the virtual
removal, at the present moment, of this upright,
firm, and conscientious Statesman, from the Coun-
cils of tliesL p.-t-
-sonal regard, and of public anxiety, there was, as might
be expected, no deficiency of conjectures as to the Mi::i-
sterial changes which would necessarily result from an
event which all sincerely deplored. Where nothing either
was, or could be, positively known, ample room presented
for the wildest and most ridiculous speculations. Even the :d-
-leged appearance of his Crace the Duke of Vii..:.'ngton ut I.;e
Opera, on Saturday, was construed into a manoeuvre of profound
intrigue ; and Mr. Canning, by one stroke of the pen, was cast
back into private life, or assigned the ignoble post of a subser-
vient instrument of his aspiring colleagues. In a prophetic mood,
these keen-sighted politicians already beheld, in the formatiur. cf
a " Tory Cabinent" (the Secretary for Foreign Affairs being a
staunch Whig, we suppose), England an effective member of the
Holy Alliance, and Portugal a degraded province of France. The
meaning of all this lies upon the surface, gross and palpable enough;
and we are much mistaken if there be one man in the country Jess
likely to understand the sinister adulation than Mr. Canning
himself.—New Times.

LAW INTELLIGENCE.

COURT OF KING'S BENCH-FEB. 19.

AITLD.3O, ESQ., V. THE JtARQUIS OF CLANRICARDE--AULDJO,
ESQ., V. EARL HOWTH---AULDJO, ESQ., V. B. WALROND, ESQ.

At the sitting of the Court, however, they were withdrawn by
the plaintiff's attorney.
There are still indictments, however, against the parties accused,
of defrauding the plaintiff at play, which have been removed into
this Court by certiorari, and having been made Special Jury
cases, they will not be tried until after the circuits.

COURT OF COMMON PLEAS.—FEE. 19.
CON.-ASTLEV V. GARTH.
(Concluded from our of yesterday.)

Mary Richardson, examined by WlLni—l lived at
Leicester in the winter of 1826, I know Sir Jacob Astley; I saw
him in my own house, and in the Bell Inn, in company with three
females, named Spawfoot, Webster, and Burbitch ; in a private
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 aid 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
Mies Burbitch ; 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 Sir 'Jacob in an open carriage with 'Lady Astley; he
kissed his hand to us, and said he would see us that night.
Cross-examined by Mr. SCARIETT.—I never told any person
about Sir Jacob till I was fetched to London. No person ever
asked me a question about him. I don't know where I live in Lon-
don, or the name of the gentle:llan who brc.- ..,ht me here. The
three females came along with me to tow-n. I did not know
what I was coming to town for. Sir Jacob and the two othrr
gentlemen came to my house at balf-past nine, and rema;ned until
twelve. Sir Jacob always gave eve a sovereign to fetch wine
whenever he came. I was myself at the Bell Inn with Sir Jacob
twice between five and six o'clock. Some person examined me
about these things before I left home, but not since I came to
London. If I had known what he wanted me about I would not
have answered him.

Mary Ann Webster, examined by Mr. Baoccualr—l Eve in
Leicester ; I was along with last witness and two other females
at the races in March, where I saw Sir Jacob, Lady Astley, and
two other gentlemen in an open carriage ; Sir Jacob kissed his
hand to us, and said he would be with us in the evening and treat
us ; we met him on foot afterwards, when he hooked our petti-
coats up with the end of his whip:and said, we were gallows-ones
and something else beginning with a b—; I saw him again in
the evening against the Bell gate, I also saw two other women fol-
lowing him and another gentleman into the Bell parlour.
Cross-examined by Mr. SCA RLETT—I don't know Capt. Garth ;
it was between 10 and 11, at night, when I saw Sir Jacob at the
Bell gate. I talked of the circumstance often since to several
persons. A gentleman, named Howard, came to me, at Leicester,
last week, when I told him the story, which I have here related ;
he gave me a shilling and a paper ; he might take down what I
said on paper ; I told him what last witness knew, and sent for
the other two females, who gave him information ; last witness
told Mr. Howard, in my presence, that she had been in the bed-
room with Sir Jacob, at the Bell Inn ; I went with him to Derby,
to fetch last witness; I cannot swear that he slept in the
same house where Mrs. Richardson slept ; in fact, Mrs. Richard-
son did not go to bed at all, she remained up all night, and
sat up with her; I did nut see Mr. Howard in the course of
that night; I do not knaw where he spent the evening.
Charlotte Walker, examined by Mr. CHITTY. —I have been in
company with gentlemen and ladies at Mrs. Richardson's, in Lei-
rester ; I saw Sir Jacob Astley those ; they drank wine ; Sir
Jacob went with Miee Btu-bitch to her bed-room ; I saw Sir Jacob
at the races iu his carriage with Lady Astley and tWo gentlemen ;
he kisszal his hand to us, and said be would treat us at night;
before 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 any conversation with him, but I saw
him talk to other ladies; I never was at the Bell.
Cross-examined by Mr. Serjeant TA DO saw Mr. Howard for
the first ti►ue last Sunday week, when he gave me a paper and a
shilling ; I believe the same gentleman travelled with us front
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 present.

.. •
By the COUUT-When Sir Jacob pulled the girls' petticoat up
with his whp, at the Races, I did not hear him say, you gallows
r,es or any thing Plae.
Lucy Butbitch, examined by Serjeant VA.UIZITAW—I know Sir
Jacob Astley, I met him, for the first time, in March last,. at
MN. Bit:berth-011'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 nailing ;
/ was never with him but once ; he said he would see me
that Friday week, and make me a present, but he left
Leicester .kfare 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
he put up his hand and threw a kiss at us ; I don't know which
of the ladies it was whose petticoats he drew up ; I am sure it was
not mine.
Sir Edward Moetyn, examined by Sergeant WILDX.—I saw.
Sir Jacob Astley at Leicester, in 1826, when there was a private
race, between him and me ; 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
drank some wine with us. Thee women created a great
deal of noise ; we put them out end they :.eturned again ; this
was not far from the plate where Lady Astley lodged. 1 was
along with him on another occasion on the race course, and saw
him hooking up a girl's petticoats with his whip, and cautioned
him, 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; seven 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...ou the night sr had been at Mn. Ricuard_

sea's, Sir Jaeob paid for the wine ; Sir Jacob erns out of my
eight in a private room with a girl, whilst 3 witi.there: when I
said, that I thought that Sir Jacob had nothing to do with a
female there; I meant that I never heard so, and thought hie go •
ing cut with a girl was to kick up a row.
Captain Bulkely corroborated the evidence of the last witness,
as to the transaction at the house of the woman Richardson.
On his cross-examination by Mr. SCAILLITT, the witness said
that he had not communicated to Captain Garth the face of
Sir Jacob Astley being at the house in question; the first cause of
their going to Ricbardson's was, that a row took place in the
streets; all the gentlemen went out of the Hotel, and being
then near her house they. entered, they were all shewn into the
same room, in fact hunted together"—(A laugh)—The witness
most certainly did not retire with a lady whilst at the house—indeed
his going there was quite accidental.—When Sir Jacob
Aetley went up stairs with the woman, there was much
tittering and laughing. The witness saw no other gentleman
but Sir Jacob retire.

Captain Rich, examined by Mr. CHITTY.—The witness knows
the plaintiff, and he remembers having seen him at Nlre. Richard-
son's, perhaps more than. once ; certainly once ; he believes
it was on the evening of the day that the race took place
between Sir Jacob and Sir Edward Rfostyn ; there were
several women in the house at the time, and Sir Jacob retired
with one of them ; they went up stain' together.
In answer to a question from the JUDGE—The witness said
that Sir Jacob was perfectly sober upon that evening.
Elisabeth Raven, examined by Mr Sergeant Vauouaw—
The witness lives at Yarmouth, and saw Sir Jacob Astley at the
Yarmouth race, in July last ; the witness had not known him
before ; on fe .1 race-course he spoke to her, and asked her for her
earl, which the witness refused to give; sheafterwardssawhimatthe
market-place; he then said nothing to her; she positively swears
that she never saw him in a private room, either in her own or
in any other hoarse; ell Ae LOW rerwaribers of him is, that he is
a small gentleman.—(A laugh.)
Mr. SCARLETT—And eo is captain Garth.
Susan Paul, examined by Mr. Sergeant WILDE—This witness
also lives at Yarmouth ; El a saw Sir Jacob at the Jetty, and at
the Vauxhall Gardens, at Yarmouth; be gave her some
money to pay for her admission to the play-house, but did
not follow Vale up by any appointment with her; he never con •
versed with her but twice ; therawas no exchange of cards be-
tween them ; he only gave her five shillings, aid these he gave
without being asked.
This witness was cross-examined by Mr. &Alum, and
the flippant and sturdy manner in which she gave her answers
excited much merriment in the Court.

Mr. Baker, examined by Mr. Baounitasz—l ern not acquainted
with Sir Jacob Astley ; I merely know him by sight ; I
saw hint at the lut Yarmouth races ; I remember hay-
wen him at the Vauxhall Gardens. He was walking with a
Captain Mahon, and repeatedly, addressed women as they passed
them. The women had not the appearance of being respectable ;
indeed, I am disposed to say that the women were not modest.
—(A laugh.)
Mrs. Rose Constable, examined by Mr. Sergeant Vaunnaw.—
She resides at St. Stephen's, in Norwich. She dou not know
Sir Jacob Maley. The witness was proceeding to detail some
circumstances that occurred at her house, but, as she could not
connect the plaintiff with them, she was not allowed to mention
them.

The Hon. Mr. Jerningham examined by Mr. Sergeant WILn a—
The witness knows that there is such a house as Mrs. Constable's
at Norwich, but he never saw Sir Jacob Astley there.

Mr. George Jernirigham examined by Mr. Sergeant
VAUG 'IAN. —This witness also denied having seen Sir Ja-
cob Astley at Mrs. Constable's house ; the witness remetn-
hers having dined with Sir Jacob at Norwich, on the
12th of February, 1825 ; after dinner the party went to the
theatre, and returned to sup at the.hotel; there was no female in
company with them on that evening.
Cross-examined by Mr. Scantsl-T.—He is unable to state
whether Sir Jacob and Lady Astley liied on affectionate terms.
The last witnell'iiies'called for the purpose of being examined
as to the latter het; and in answer to. a question from the learned
Judge, he said that when he met them about three years back,
they went on pretty much in the same manner that married
people generally did.—(A laugh.)—This was the last witness
called on the part ofthe defendant.
The Rev. Mr. EhVyn recalled by Mr. SCARLETT.-Ile re-
members the day of the-race at Leicester ; Sir Jacob came in the
evening to his house, and took Lady Astley to the Bell Inn ;
the witness accompanied her, and all three returned home
together—the witness was in Sir Jacob's carriage on the race
course, and he positively swears, that Sir Jacob never addressed a
woman on the race course. The witness distinctly swears, that
he did not hear Sir Jacob say to any woman—" I'll give
you a treat this evening." In answer to questions from
Mr. Sergeant Vaughan, the witness admitted that n tither he nor
Lady Astley could have seen Sir Jacob kiss hands to a woman,
if he had happened to do so ; Sir Jacob was sitting in the box
behind the carriage, and the witness and Lady Astley were sitting
in the inside of it.

Mr. SCAELETT then rose to reply. The Jury would recollect
that the Learned Serjeant (Vaughan) had commenced his address
by offering to prove that acts of a most unjustifiable nature—that
acts of absolute violence had been committed by Sir Jacob Astley
against his wife. If he had so proved, the case of the plaintiff
would haVe been immediately destroyed ; for if a man dared to
raise his hand against a woman, he could not come before a Jury
to ask for damages for her loss. Such, however, had not been
proved. The Jury would also bear in mind, that the unhappy
Lady was at thii moment living with her seducer; and that she was
undoubtedly willing to give all the information which it was in her
power to give that could in the leant sanction the Learned Serjeant's
statements; yet, were the Learned Sergeant's statements unsup-
ported by a single proof, or even a single attempt to maintain them
by evidence; while a number of Credible witnesses had proved the
long affection, and the continued kindness, which Lad subsisted
between the parties, who were the unhappy subjects of the
trial. The Jury would judge whether this evidence had been
in the least degree contradicted by his Learned Friend.—
If the Learned Sergeant could have produced a single witness
to controvert their evidence, he would no doubt have done so;
for the exertions of Captain Garth and his Solicitor would not
have relaxed while there Was a chance of making any diseovery.
—The case then stood upon these grounds—that an early mar-
riage had led to a life of uninterrupted happiness fo: nine years
—a happiness enjoyed equally by both parties. It seemed, then,
that the Learned Seageant had taken another course of de-
fence, and of all courses that one was the most likely to take
a Jury by surprise. The whole of the plaintiff's life had
therefore been made the subject of investigation—and what man
was there who could lay his hand upon his heart and de-
clare that there was no circumstance connected with his his-
tory, which he would not wish to have withheld, or which he
would not blush to have made .public. But what had been
proved against the plaintiff even on this ground.—(The Learned
Couniel then adverted to 'the evidence of Sir Edward. Mostyn,
Captain Bulkely, and Captain Bich,- sad argued, that circum-
stances comparatively innocent, or at all events but indiscreet,
had been greatly magnified to make out a case of defence for
Captain Garth.) But, he continued, suppose the Jury were of
opinion that Sir Jacob Aatley had been guilty of a great indiscre-
tion, would it break dofrn all the barriers of duty and honour—
would it do away with the evidence which such witnesses as the
mother and sisters of the plaintiff had given—would it justify
a Jury in saying, that an individual was warranted in taking
from hito_his wife ? With respect to. the-evidence of the women,
who had been brought forward, he felt- convinced, that on such
testimony the Jury would not only not be satisfied to wound
the honour, to destroy the character, and to blast the hopes
of the plaintiff, but upon such evidence they would not take
away the life of a sparrow. He would now call the attention of
the Jury to one most importart view of the case. It was not
likely that Sir Jacob Astley, a man possessing a splendid fortune,
had come into Court seeking for a pecuniary atonement or 'a-
-1 compense for the loss be had sustained. No; his object was of a
Inature very different. The Jury must know well, that when men,
in the hey-day of their passion, sought to seduce the wife of
another, they would naturally promise that which they could not
perform, except in the contemplation of a divorce. If, then, the
Jury were, by their verdict, to prevent the plaintiff from procur-
ing such an event, Mr. Garth would be saved from the necessity
of keeping those pledges, which, like all men BC/circumstanced, he
had no doubt repeatedly given. This, therefore, must be the mo-
tive by which- the seducer had been led to take the line of defence
which lie had 'Adopted,- and not with a view to save a few paltry
pounds ; a line of defence which, even if he believed Sir Jacob
guilty, no other motive could have induced him to pursue. He
(Mr. Scarlett) therefore submitted, that with such motives for a
defence, the Jury could not for a moment listen to it; and he
confidently looked for a verdict, which would prove that the
statements of the plaintiff's misconduct, if not founded on false-
hood, were at least founded on exaggeration.
The LORD CHIEF JUSTICE recalled Mr. Bulkely, and asked if
it were on the night of the race at Leicester that he and Sir Jacob
Astley were together at Mrs. Richardson's.
Mr. Bulkely replied—Certainly not.
The Loan CHIEF JUSTICE charged the Jury. The Learned
Counsel for the plaintiff had said, if the Jury gave small or no-
minal damages to his client, he could not obtain a divorce. With
that they had nothing to do. It had been also said
, that the ob-
Captain Garth, in his defence to this action; was to prevent
ject of