Star.
London, England, 1825-04-19 00:00:00

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• LOID VISCOUNT LISX10118:0.Tiql1O'N. lIIINOHAM...
Mr. SCA RLETT stated the case' for -the plaintiff. In
the Year 1808 t the plainike, who,is.an Irish Nobleman,
Arottied h:s present Lady, who war .the •liononeable
•Laly Eleanor Beeler, the daughter of ;he pies tat
Dowager Matchioness of. Ormond, and the•i.sue of that
marriage was three sons And a dtuglyer., for some
.years the.plaintitf and his Lady lived happily, together;
brat nulorbunately, some disputes (from which few,
families were exempt) having sprung betweettahem--
dist.utes ar;siog from a difference e( temper, or some
wirer c ave. tun: •at,all affecting she character of Lord
1. smote, as her:Ladyship') friends had acknoesledged,
~, smiling to .sgsst. the slight st, imputati•as upon her
Ladiobip's, houotsr,. it aert thsaugh,t by, their respective
t. *Aso the brter coure they could take would
440:41ifect. it tempo, ary stew ation, and, accordingly a
4,0 vreaansterel into between the plaintiff and his Lady,
,Isy. hiels he bound himself to make her, so long as
•th•ey should -line separately and no longer, an annual
all sseance of 2,50 A her original jointure being only
• irieek per annum. This took place in the year 1819,
up to which period' the plaintiff and his family resided
-in Ireland; and occasionally in England, where their
-eldest son was at school.- At-the petiad of their sepa-
ration,' the plain•iffs esta•es in Ireland were much in.
cambered, and being situired in that part of the
country which was then in a disturbed state, the diffi-
culty in collecting any of the rents was so considerable,
that it was completely out of the plaintiff's power to
M•eet at that time the demands for which he was liable.
He mem.° ed this, because he had understood that the
ground relied on by the Learned Counsel fur the &fen-
dant was, that Lord Lismore had not raid to his Lady
e-e annuity to which she was entitled under the deed
of separation, but to that he would answer, that the re-
sources of her Ladyship's immediate relations were
amply sufficient to supply any present deiciency on her
part, to be repaid by4the plaintiff; and that at the tithe
that Lord Lismore had done this, which was now 'I
. charged against him as a crime, he was obliged to ob-
tain from the kindness of his friends, the means of tem-
porary subsistence. He should mention to the Jury,
that one of the unhappy causes of the differences be.
tween the plaintiff and his Lady was, that his Lordship
had not the means of perfor ming a promise which he
had often made, to take her. Ladyship to the Continent.
After the deed of separation was executed, Lady Lis.
snore being no longer under the controul of her husband
had the opportunity of gratifying her own wishes, and
. she accordingly, accompanied by her two youngest chil-
dren, who at the time of the separation were allowed to
stay with her, made a short tour on the Continent, in
the yearslBl9 andlB2o, and returned toEngland inlB2l.
In the summer of 1821 she again proposed to take ano-
ther tour wi.h her brother, the Marquis of Ormond, but
he having been detained by business in Landon, her'
L idyship left England, accompanied by Miss Payting
and her niece Miss Chapple, her Ladyship's maid, a
fordo servant, and a manservant. At Rome the de-
fendant first saw Lady Lismore, and afterwards at Na-
ples, where he visited her very frequently; indeed so
frequently that Miss Payting, who had her niece under
'her protection, (eating that improper constructions
'might be put upon such visits, left Lady Lismore at
Naples, and returned to England with her niece in April
1822. He understood the Learned Counsel on the other
side intended to contend that the separation between the
plaintiff and his wile gore her a license to do as she
• pleased, and therefore the defendant was entitled to a
•erdict ; but he believed the law or. that point had been
long settled, and was this, that unless such separation
was the consequence of some previous miscoaduct on
tr e pan of the Lidy, it aas not a bar to the reparation
nhich'a man, whose honour ha: been wounded, had a
"righrto expect. He should prove the facts which he
.had stated, and it would be tor the Jury.to say what
damages they ought to award against the man who had
been the means cf tendering a once honourable and
virtuous woman an unfit companion for his Lordship

and her children.
The Hon, Richard Podsonby examined by Mr.Aram
—4 am Dean of St. Patrick's, Dublin : I performed the
ceremony of marriage between the plaintiff and Lady
Eleanor Butler, in the presence of several members of
the Ormond family. I am the cousin-german of the
plaintiff. I had an opportunity of seeing on what terms
they I;ved together from their marriage up to the year
1816, abOut three years before the separation. During
teat period they appeared to me to live upon the best
and happiest terms.
Cross-examined by Mr. BROUGHAM—I saw nothing
of them since the year 1815 or 1816.
Miss Payting examined by Mr. C. F. Wit.mtsts—l
know the plaintiff and his Lady: 1 have known Lady
Lismore for some time. I fir-4 accompanied Lady
Ll,niore to the Continent in September, 1819. Before
rLady Lismore went•to the Continent, his Lordship and
she lived as most married people do--(A laugh). Our
party consisted of her Ladyship, her maid, her two
children, and myself. Lord Ormond was to have
accompanied us abroad, but he was detained in Eng-
land and was to have joined us in the spring of next
year. We returned in about two yews afterwards, and
having remained in London five we: we set out on
another tour in June or July, 1821. Atter Lady Lis-
more's *return in 1821, I think she was well received by
her family. On our'second tour the children did not
accompany. us, but we had the same lady's-maid, an-
other English servant, and Miss Chap*, my nieces
'On this tour ye first net the defendant at Rome. After
we went to Naples we saw hint frequently. Alter thiat
time 1 did not observe any change in Lady Lismore's
conduct towards us. 1 left Lady •Lismore before the
expiration of the year which I intended to remain on
0! Continent, in consequente of the intimacy between
the defendant and Lady Lismore. I remonstrated
log .inst it. We visited frequently at Rome, a.isi re-
turned some times, but not very frequently, late home ;
bur I never found the defendant at home on those tc-
cacions. When I left lastly Lismore I took my niece.
Coss-examined by Mr. Bittet/WIAM—In 1821, Lady
Lismore was about 31 years of age. The defendant
dfdatot then appear to be more than 19 years of age,
~laa:111111, Lady Lismore tell ill, aticl•a wa•mer climate
was recommended, but she did not go abroad; they
•,evereers'their way to the Continent, but they stripped
• in Devonshire. In 1814, Lady Lismore's health was
eri.sreniely bad, but she did not. go abroad. In 1817,
..I.loto. Plamiongd to. London to accompany Lord and
Lady- Limnse to the Continent, but they did not
beard that Lord L. made d. lays
tieln spring of 1818, inst ad of
Lismore took her Ladyship to

Shanbally Castle, in,lreland, where she had i return of.
her cough, and she siat.ispitt' advised by her medical:
,s'elkt°494Pb,filk4l.4iCheX.Le-SPF: SPlAllatit~F tot
rAndo-Ra i9oSfSPOP, 014 ra 4t)P P''t
/Welt but they Ad not, gos 4.4p)Liepaore had:
not it thet,tiene p carridge, nor tile cotarlprnd 31,41-00 V;
I hale Frequently lent her small :yank tor, %Km and
other necessaries. to the;. May ,following, herkWinhip
hatkairetnrn other cough, and we went to,, Rainsgpte,
on our way to the Continent, as I supposed., but we did
notzo. ,Lord-Listntire left us at Ramsgate and rej.
leirned-lo*London.. A letter from Lord Lismoi*
Orintind was forwarded to' the MA**
4*4y. Ormond, the mother of Lady Lismore Wel
‘li'anarager Lady Ormond came post to liainsgate, and
' I stated, by her directions, to Lady Lismore, the con-
`tend itthe letter. I have seen Lord Lismnrelsince;
au4 told.him that the communication which I made to
Lady Lismore threw her dangerously ill; Lady.Lis;
more then went with her brother.to Hurkliam, in Kent;
I believe nold Lord Lismore that his refusal to go
abroad made her Ladyship seriously ill; I told Lord.
Lismore that I told her Ladyship a. seprration was to'
take place; her Ladyship became so ill, • that I war
obliged to call in a physician; her Ladyship expressed
a wish not to go abroad when she found his Lordship
refused to go with her ; I told the physician, whom
I called in, the cause of -her Ladyship's ;,
Lady Lismore expressed a great desire to see his
Lordship, but no interview took place, and she went
abroad in September of that year. At Florehe, after
the death of the Marquis of Ormond, her. Ladyship
lived in a very husoble manner ; she had btit one man
servant, who cooked and did more in the family than a
servant man usually does; her Ladyship's maid waited
at table; her Ladyship received a remittance from her
mother, and at that time her Ladyship had but half a
crown, and that was in a country where we hid to pay
ready money for everything ; her Ladyship having re-
ceived intelligence that her eldest son was dangerously
ill, we came post to England. where Hs Lordship and
his family took away the children ; when we came to
England, I saw the boy, and he did not appear to have
been ill. After her Ladyship went a second time to
the Continent, and in consequence of delays in the re-
mittances, her Ladyship was obliged to pawn her
jewels. On the first tour she was obliged to borrow
money from her courier. I know that during the
second tour she received assistance from her mother;
I have always heard that Lady Lismore's pin-money
was 1,000/. a-year ; I know that she brought Lord Lis,
more a large fortune. . -
Sarah Bean examined—When we heard of Lady
Lismore's son's visit to the Continent, she went,through
Paris, where she remained two or three days ; her estab-
lishment there consisted of a man servant, a foreign ser-
vant,' and myself; Miss Paring and Miss Chapple were
with us. I first saw the defendant at Rome, where he
used to visit her Ladyship; we went from Rome to
Naples, where the defendant followed us and put up
at the same h tel ; he resided in the same hotel with
us until her Ladyship took a country house, and a lodg-
ing was taken for him near her Ladyship's house. On,
the Sd of May, 1823, we set out on a journey ; the de-
fendant left Naples on the evening before ; on the next
day we overtook him at Molo'di Gayeta, where we
stopped one night. The defendant accompanied her
Ladyship to Rome, wherethey went to separate hotels.
We lived at Rome three days, and having left it were
joined by the defendant at the first stage. We went to
Verona, where we lodged at the same hotel ; we re-,
mained there three nights. 1 remember the defendant
was unwell there. There was a communication be-
tween her Ladyship's and the defendant's bed-rooms;
his bed was removed into her 'Ladyship's room. He
desired me to bring him some medicine in the morn-
ing; when I took it to him be was in her Ladyship's
bed, and she was with him. We went from Verona to
Berne, and travelled in the same way as before ; after
remaining there five days the defendant went to Paris.
We stopped ten days at Berne, and then went to Paris,
we stopped for two nights at Fontainbleau, where we
saw the defendant ; he came the first night between
twelve and one o'clock, and remained at the same
hotel during -our stay there. He left Fontainbleau
before her Ladyship. We went to a hotel at Paris. In
a few days Lord OrmoncLcame and took her Ladyship
to the hotel at which he and Lady Ormond stopped, at
the hotel Des Isles Britanniques, in the Rue de la Pala;
I accompanied her; we remained there about eight
days. I remember the day she left the hotel; I did not
know of her intention to leave the hotel. I went to see
Mr. Bingham, at Lord Ormond's request, at the hotel
Sully, Rue St. Honore, and asked him if he knew any.
thing of her Ladyship to tell it, in order to calm his
Lordship's agitation; he told me her Ladyship was safe.
Cross-examined by- the Hon.-Mr...Law—l was at,
Mivart's Hotel with her Ladyship, but I did not ob-
serve any serious differences between Lord and Lady
Lismore. I haVe never said that I• observed such dif-
ferences. I did not often attend on her Ladyship. I
knew Lady Lismore was in difficulties at Rome- and
Naples. I don't know that Mr. Bin; lam ever lent her

igh,
Liailyship any money. I did not rejoin hlr Ladyship
after she left Paris.
Sir Robert O'Callaghan examined by Mr. ADAI4-4
am the plaintiff's brother. His estates are is Cork,,
Limerick, and Tipperary. The disturbance in 'riPpen
rary, in 1819, was very great, but not.so much in the
neighbourhood of Shanbally as
,in other parts of the;
county of Tipperary. His Lordship did not receive,
much of his rents. There were incumbrances On his
Lordship's estates at the time of the separation. I
had a charge on the estate, but at that time I could
not get my allowance. My brother had not the means
of paying me. My mother had a jonkure from the
e..tate, but my brother could. not pay the whole of
to her. The failure of several country banks caused
great disttress throughout his Lordship's tenantry.
That distress continued during her Ladyship's re-
sidence abroad. I was present at the discussion be-:
tween my brother and Lord Ormond, about the sepa-!
ration. Her Ladyship's friends required more than•
her Ladyship's jointure, and his Lordship acquiesced
in their demand.

Cross-examined.—His Lordship lived the greater part
of 1818, 1819, an i 1820, in Ireland, except awing the
holidays. Lady Lismore. lived then in England. Her
Liclysbip's fortune was said to be larger than it really
was. My brother was about ten years older than her
Ladyship. I don't wish to pn.nounce an onion on
any Lady's beauty. That is matter of opinion—(A
laugh). Her Ladyship was generally thought to be a
handsome woman ; and my brother was, in my opinion,
as attached to her as a man could be.., During her.
Ladyship's residence on the Continent, my, brother re-
duced his establishment at Shanbally Castle to the lOwest
scale. He kept only two men servants.

Mr. BROW- HAMaddressed the Jury for the defend.

then go. I then heard that
'Add' 'going Shri,ad. In ti e spr
..rediee abl'haal, • Lord Lisatote
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