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

Clt 11. CON.

srtmurrs.- .QciraT, if.nrOltD-Row, RATURUAY.
TOR .RIGHT HO:z. THONIAS BeRESFoRny
COMMONLY CkI.t.E.D4OI4D, iIEOFiGE THONIA, BB'
,*krsvol“). versus THE HON/ •TH.OSIAS TitYLUIJE,

eomm,INLY CALL.RD THE EAkt t Brt;TIVE.

The following Spacial Jury wes snitonatied this
day for twelve o'clock, to assess the thArnages in
this pine • •
WAliate Forstein, Esq. Jtihn .7delonn, Esq.' •
Etlitsuml Cotterel. Esq. Itiiliertion, Esq.
Smirliel Mills, Esq. Joseph Bootork, Esq. •
.IVAlpqk,- ksq. R. t.. ciritivnbuitpv, Esq.
J"set.l) Wiggs Esq. slalm., Esq.
William Criglitoo, Esq. I 'clivmas Hay, Esq.

The Jury were iti ,attendance nt the 'hour tip-
pointed,, blitin rowseglienceof the !Absence ot' Mr.
erjeant Best 116(1 Mr Serjeant Vaughan; connsel
in the ease, being detained at 'Wrest minster; it did
not commence till. itqlf/ntst three?
Mr. SAYERii, the Deputy Oresided, and
the Jury being sworn, Mr. Curwood opened the

•
• Mr..lSeriEliflt BEST .then addressed, the Jory..--
He observed that thiS was an action Which the
tio.ble plaintiff was tmder the mecessity of bring--
frig .against the toble defendant. to recover com-
pepsation in ,lani.tges for .the seduction of his
wire. /t teas inn notch the' practice' of. that
court to hear detailed the circumstances of VICI)
CkIVS to, render. it at all necessary for lllti to
make' any general observations on the nature crf
the crime imptned to the defendant. flme duly
of the Jury was only to assess the damages to
which, upon lwarinr, the facts, should
lay before them in evidence,
,they should consider
therplaintilf emitted, The,amount,of damages in
such cases IC:liar:ally depended uttou three. cons
derationsi namely, the rank of ItEe in which the
parties were placed—the previous terms of affect
lion which had subiisted between the husband
and wife, and the manner in.which the defendant
had conducted himself. II the rank of the pai:ties•
only were to form tha basis by which the anOannt
of damage was to be Ascertained, there were few
who could be presented to the Jttry in a more
elevated sitttation titan the noble individuals con-
cerned in ON enquiry. The noble plaintiff was
the yriouger son of the Marquis of Waterford,
and the defendant was the heir apparent of an
ilfustrions nobleman of .the kingdom of 'lreland,
the. Marquis of. llendlort. In point of rank, there-
fore, in this case, the plaintiff 113(1 a claim to the
highest damages which had ever been- given tO•
any individual nuder similar circumstances, tip-.
on the other points, to which he had adverted,
namely, the affection which had subsisted he-
t weeu the plaintiff and his wife, and the conduct
of the defendant, he also ventured to submit, that
there was an equal claim to large damages, The
plaintiff in this action held die rank 'of Major.
General in the British army; and, at the time of
the melancholy di4covery, which led to the present
ptoceeding, had been !work(' to 'his present wite
fur many years. The consequence of this Marriage
was time birth of three children. It might be ma.
terial to state the sex of these children—they Were
all three females, and therefore the Ilion! likyly to
feel with additiond acuteness the, loss of their
maternal parent. When these young ladies en-
tered into the world, they mould indeed fe.l the
loss and the degradation of their mother—who,
but for her tth,ippy, connection with the deleted-
ant; would IQ all human probability have remain-
ed the virtuous proteCtor of their immeetice ; and
who, after surf intending their edocation, would
have aftet kvardi superintended with paternal
care theiriniiio4'uctitin into life. In the lot
case of this sort which was presented to the con-
sideratiou of.that Cotirt, some doubt might he en-
tertained as to which, side the seduction wa' at-
tribotahle. In the pre'S'efft instance, no doubt of
this sort would arise, its lie should he enabled to
prove frOm a letter writteii by.the defendaut
not alone that he was the seducer, but that
the work of ruin which hie liad planned antl'exe-
cuted, had been a work of exceeding great (Met&
ty. The means which he posseited of accom-
plishing this work were ample, for they were- to
be found in the friendship eshielt had subsisted
between hint and the tumble plaintiff foi' d great
number of years. The plaintiff ti as the' sou Of
the Marquis of Waterford, the defendant was t he son
of the M trquis of lletoliort. &friendship not only
subsisted between these two young .Slhblemen„
but between the differentbiiinches of time two ra-
mines. LI this Case; therefore, mete appeared
every, circumstance that entild mark the transac!-
tion hale and infamouS, The noble plaintiff, as
he had. already stated, %Vas a Major-General in
the army, and was absent on service in France in
the course of the last yular. While•stationed there
with his brigade, lie braid that; his lady was very,
ill with ft malady of a most unpleasant descrip-
tion, namely, mental derhagement. lie retnrned.
to this country with the utmost possible expedis
tion, not thinking at that time that any criminal
lity existvd in time conduct of his wifewith the de-
fendant. He came hoMe full of that affectinn,
which he had always felt for his lady, front the
moment -of his marriage. When he arrived in
Ehighiml, he went to the house of a friend under,
whose care Lady Beresford had been placed.--...
Here lie thought it necessary to mention, that, on
disi(l et fo rtxtho
ero)icteaainn, this lady, after having a child,
!HO, lie believed, the Gentlemen of the 'Tiny well
effete that persons, whose Senws,w,ete not he.,
fore affected, (11111010-
y became deranged, in
consetptence It was not in his
power,. nor was it necessary that he should est.
plain the reason of this ; probably it was ()Celt.'
slotted- by the borden of the -child pressing on
Some particular
Wilitfl were connected
tsittt the brain. When the plaintiff arrived in
lie learned the , peetdiar none of the
flatpltrint. He westt first to a lientletuan most
etnittent in his profesilon,. Dr. Cunt, whom lie
itirdould call as a witness, and who would state to
the Jut y the distress and agony he appeared to feel
when he heard of his wife's melancholy situ-anon.
.A 1414 he had an interview: with Dr._ Croft, he was
desit ous of seeing his lady, but it was thought
improper at that time, since it wOOl4l only add to
the diitir,s be Oren felt, anti would increa,e,
bteitti tit dittlitliiiititfk her. disorder. It nos, how
evert'fotind necessary that those keys. whielm were
usually in Lady Beeesi-o;d's etutudyl shoald last

taken froin her, us "she was not in a sitnition ca
p.tute of ittcniting .to any business whatet;er.--,
this was clovfly dooe„ ip consequence of eel till')
papers being 11 anted, which the plaintitk was anxious
11. e lift his pOSesSIOII, 'LAW nobly was
the. per,un tsuo,,ei anon! to sell en to tho,.-
Coosellts, and Ite wits the unly peisou t, ho
.with propriety, undertake that task. i e
tnig!at easily conceive what were the feelings of
the Noble Lord, when, believing +he heart Of his
wife to be as. pure as it was at the inoment„il,
their marriages he -found, amongst a number of
letters, that which he was about to read to the
Jury. He, was very happy, that in the situation
its which this cause was placed by the defendant,
who had sit tferetl indgment to go by default, be
need nut lay before the Jury, that otipleasalit evi-
dence, unpleasant to men ;of delicate . minds, bx
which the fact of the adultery was generally prov-
ed. He was,, im'eed; spared the necessity, of in-
troducing any evidence at all. But he thought it
right to bring this letter
.forward, not
,merely to
prove.that the. adultery was confessed,.but to slew
the difficulty \'vhich the defendant had in accom-
plishing his pirpose. The letter was concLetl lift
the following, terms

The'unstwaning levity with which I spoke to you yester-
day, though foreign to my heart, made every hour since
we-parted appear an •ag,.! and other thimghts rushing on
my Mind., hurteontributed to-make me unhappy ! you
love one whom you say you du Rut tlialerstamf ? Want •of
confidence must diminish hive, have, in toy cork de:u
Harriett, the most perfect conhdence! It was iit. a speeth
/felt, sthen.l said, that you might, in my absence. dirt witlt
another."—The -Gentlemen of the .tury mink{ 1/ctve. that
when the noble defendant expressed Itimself in this light and.
trivial manner, it' wa:: to' the wife.of his friend whom ha
spot.-e.; It wastet one,'Whunt of all others, he ought to have
viewed with ,reserve and modesty. Time letter pr. ceedrd-,7" No man„presuniptuons, confident, or artfikl es might
be, would dune to think you lightly won."--:-Here they had
it, underthe tti,fenthrit's own hand, that flue mischiuf whiels•
he had perpo ruled was mil easily itecomplklivo. time it was,
proved, not. only that he was the seducer, hut that, op tee that
time when his arts were' sucees,fill, this lady Was so riretted
in a course of virtue, that the defendant found it a matter of
-extreme difficulty to remove her trout it, The next passage
was :—." I am sunk in melancholy and &spay, lest any 'in.
writ should ever induce you to think lightly of a •crime.
which, I pray Heaven, tin consideration whateseet would lead
you to 'commit with another."

•
Was, it, he would ask, for this gentlentun trs
read such lectures of morality 2 What had "he
done 2 lie had seduced this lady to the comntistiot►
of the crime which he alluded to—and it was not.
to bring her back to the path whence she luta
wandered, that be oddiessed her thus. No, he
did so fur the purpose of inducing her to continue
in a state of vice, in a slate of Criniimil inter-
course with hint, and with him alone, The letter
went on thus

" Wilco I think what you hare sacrificed for mr—thc pe:ices
of mind you may have forlcits4l---theAt recollection Mont, in—
tit.petmeot of my lore, my adoration tor l'ott, would iletor
from inconstantl ! Citrus tat the character curve h:tve- gerett
we— but nut uudeservectlyl"

. •
He (Nl?. Set jeant Best) baei riOthing to slo
with the Noble attendant's chard`cter,' oat of this
case. lie •halal no desire to say imy thing severe or
lain►: but if he fel; is divosision to speak strongty'
and pointedly against hint, (se should not wish Ls. •
wander froin thetacts.tif the case he was now laving
before the,Jl:ty. lie would tomtit no:lting more
than thedelentiant's own leper to snake out one
of the moist ILit.;tiolts'eat.es that' %Vas eser heard of.
In that letter:there' Was a great ckpt Liston of feel. •
l'or 'whorls
,For, bisnselt and fur this lady.
lint 90 19V019111 'iVitS chuck of i hat friend, with,
whom he 1);.n.1.1ivi41 ots tcruts Orthe' closest inti-
macy ;—no notice was taken of the injury he had '
inflicted on hitn. owtitedings Wes e strongly
alluded to, but the rninvd, peace Of his tinsuTect-
ing friend gave rise to no Observation.—The Letter'
-then stated
" fluice been profligate, deceitful; and iticenstlnt, hut ne-
ver TO as firing like my florriett;; Woman is soft and 4entlet•
as the awaits in which she is formed, till man desire)* the,
heauteousssiiik I To you, were it possible to be treacherrius,
my crime would be enormous. •' 1. have ,this' feeling towards •
you, that if the world, the London suspected ono.
tenth part. of the affection (,beat you, it should deem it int-.
possible for my thoughts to be distracted fi.r an instant front
you to another woman. Seatch now that bosom, and roes,
flan it, whether it lures itective as well i 53 once he thitterett
himself it did, mind still flatters hiniSelf it does? Ilse 19.)
feeiiog of pique, withist the last three, weeks lessened that
regard.? lam interrupted, perhapi yaa'a.re nut sorry for it."

%Vas it possible, asked the 'Learned Serjeanty.
to make out it strettger case than this letter deve-
loped and supported Did it not prove every'
thing necessary to emtble him to (tall on the Jot!,
for large damages shewed that this lady lout
been Seduced by the d4endant, and it also
ed, that, the seduction was nut a work of ease, but
that it was marked by circtimsttotees of great 41if.
benlty. When the defendant wrote that letter, he
arpeared to be reflecting oubiTown conduct,
seemed to feel stinie contrition for what he had
done, when. he said that be Was prolligatelund clew
ceit fa, and used those other epithets that wetel
to be found in the letter. Therefore, he 'wanted
nothing Inure than his own words to slew to the
Jury the defendant's demerits, and the greatness
Of the misfortune which he lad ittiiicred on thtt
plaintiff. lie would not, however, let the ease
stand here ; he would call witnesses to prove the
affection which subsisted• bet,‘ e'en Lord George
Beresford and his Lady, tultil the discovery of the
crime which formed the basis of thele proceedings.
lle would prove the number of Children which, 114
sprung from their marriage, and the harmonious
terms on which the plaintiff lived with his wife,
'down to the fatal moment, • when : time diseb,
very of her misconduct- was hustle; There were
sitting; near' him persons moving. in the punt; raid(
of society with the plaintiff and defendant, who
had been in the habit of visiting the former, and
who enjOyed the best opportunity of observing
what_had been the conduct of Loi'd G. Here ford
towards his lady, and tier's towards him. Thoso
noble persons would tell the Jtiry, that the plain
tiff always acted like a most dice-donate husband,
and.that Lady I.leresford, (town to the munch of
August lout, when he' was absent, conducted her-
self like an arniable. and affectionate wife. iJw
had stated the situation of Lady neresford's mind.
at t hue of her lush:4ll(N return ; and he had also
observed, tlaf, once before, she laboured touter tt
similar malady. The noble. pervons litt,should e•iit
that day Arnold nor, he was *toe, suppose. that he
meant to disparage their reit intony, when Itt ?0.1,
th.4t 'be would bring forward et WittKfitit Wb&OW t
vi-
'knee' should be 'str,mgur ev,,o ti iii tbtlecs art
proving the teytilcritcsS
CMidoet of Oa towarijs iiiv, ANrte.!---Vt'tlrii
Lroly Ptereiford was tortnerly it,ll (lett t..ith Oren,.
tai deran4etnent, the plaitriir, instead of itt
ing tike " the Lothioa wotlel," inSteal cit &balk.