Star.
London, England, 1805-03-04 00:00:00

FROM THE LONDON OAZFTTE, MARCH 2.

ADMIRALTY artier, m IKCH 2.
Copy of a Letter from Admiral Lord t e r., Commander !n
Chief of hi: Majetty'. Shies and Vc Inds on the Coaft of In
LO WILL:AII MARSDEN, Efq.(l,t!ed at Cork, the : ebrto.
ary, aos.
Sir—Enclofcd I tranfmit to y-iu, for the informa-
tion of the Lords Commitlioners of the .Admiralty,
a letter I have this day received from Capt. LAKE,
of his Majelly's TOPAZE, acquainting tie of his
having captured, on the 13th itiltant, in the latitude
48 deg. 22 min. N. longitude 15 deg. weft, the
French privateer General Angereau, mounting four-
teen twelve-pounders, carronades, and eighty-eight
men, belonging to Bayonne, which velTel had been
cruizing forty-feven days without making a capture.
I am, Ike. (Signed) DARDS ER.
His Majelly's Wip TOPAZE, at Sea, February 13, 1805,
Lat.4B deg. 21 Mill. 1.01. g. IS dig.
My Lord—l have the pleafure to acquaint your
Lordfhip, that his Majefty's (hip under my command,
has this day captured the French privateer General
Angereau, ketch rigged, mounting fourteen twelve-
pounder carronades, and eighty-eight men on box: t.
She is the fame rail that has been fo frequently
heard of, and that boarded and carried the William
Heathcote Weft Indiaman. This crnize the has been
oat forty-feven days without making a capture. I.
ha •e the honour to be, &c. (Signed) w. r. LAKE.
Copy of a Letter from Sir JOHN OREM, Bart. Vice Admire! so" the
Red, &c. to WILLIAM MA SUF.N, El+ dated on !. ;ard hisMa-
jefry's Ship Gcoav, off Cadiz. Feb. S.
Sir—Enclofed I fend fur their Lordfhips' informa-
tion, a copy of a letter received from the Honoura-
ble Captain BOUVERIE, of his Nlaiefly's thin MERCLI.-
RY, under my orders, acquainting me with the cap.
cure ref El Furete de Gibraltar, a Spanilh gun boat
that had been driven from the land, in her paffage
from Cadiz to Algeziras, the evening before the was
taken. • This velTel, copper bottomed, newly equip-
ped, and completely (bred, teems well calculated for
the fervice of Gibraltar. (Signed) JOHN GROB.
His Majefty's Ship MERCURY, at Sea, Feb. 4.
Sir—l have the honour to inform you, that I this
morning fell in with and captured El Furete de Gi-
braltar, a lateen rigged Spanith gun vein], whi.:ll fail.
ed yeftcrday morning from Cadiz bound to Alge•
ziras ; the is armed with two long twelve•pounders,
two fizteen-pound carronades, fescral fwivels, and a
large quantity of fmall arms and cutlaffes, and com-
manded by Signior Don RAMON EurArs, Lieute•
tenant de Frigate and had on board lift ymine men.
I am, Sir, Sm. (Signed) D. PLEYDELL BOUVERIE.
DISTRIBUTION OF PRIZE-MONEY.
A diaribution of the balance of the proceeds of the French fri-
gate la Prudente, captured by the Dzdalus, February 8, 5799,
will be made at No. tt, Cecil-ftreet, on Friday the 7tirinftant,
and re tailed every day for three years.
Thd Experiment, far the capture of the Swedith brig Eneighton,
will be paid at No. d, James-ftreet, Adelphi, every Wednefday
and Friday for three years.
TheConact, for the capture of the Nordi&a Wenfeapen, AugufC
2, 5796, will be paid at Mr Gowland's. at Vanilla/I, an Friday
the. tst.k inftant, and recalledevery Friday and Saturday fur three
years.

Captain WALKER is appointed to the command of
the THALIA frigate at Deptford.
Capt. PEARSON is appointed to the command the
FURY homb-veffel at Deal.
Lieutenant HOUSTON iS promoted to the rank of
Commander, and to the command of the It/vest-I-
Q/170ft (loop. •
Capt. ALDHAM, Of the NAUTILUS {loop, is promo-
ted to the 'rank of Polt Captain, and to the command
of the ARGO, of 44 guns, at Deptford.
The report of the lots of the ROYEa brig of war,
Capt. LAYMAN, Off Cadiz, mutt be unfounded, as
the did not fail from Portfmouth till the scth of Ja-
nuary laft.
The Thetis, Orniflon, laden with coals, has been
captured by the Profpero privateer, of Boulogne,
and was loft near Calais on the 3d init. Crew laved.
The Friendlhip, FEATH RSTON e, from Dublin, for
!London ; the Glory of Exeter, GALTON mailer; and
a thip from Lilbon, are captured off the Lanti'sEnd,
by the Gen. Perignun French privateer.
The Margaret, MiKauri, from Lifbon to New
P York was driven on !tore *near Newyork, on the Both
of January. •
The Mars, HUGHES, from Dublin, for Philadel-
phia, was deferted at fea by the crew on the Bth of
January
The Cecilia, BROWN, from Dublin for New York,
was (poke with in lat. 39, long 62, on the :3d Jan.
the Favoirrite from London for New York, was (poke
with on the 26th Jan. hale. 42. long. 56. by the
C •at. ToveLY, from Virginia, arrived' ht Guernfey
The Mary, MUDGE, from Ras for London, is on
chore Irma? the former port.
The Salifbury, SWAIN, from the Havannah for
Liverpool, was loft near Halifax, in December laft.
The Britannia, PETERS, from Waterford to Liver-
pool, is ftranded near Holyhead.
The Ruth, WARDEN, from Newfoundland to
Clyde, having loft her rudder, and making much Wl•
ter, the crew gave thernfelves op on the 27th of J.
nuar y, to the Braave French privateer, in lat. 49. 3
and 22. 3. long. On the Bth ult. the was recaptw-
ed by the Janvrin privateer of Guernfey, NAFTEL,
who remained four dayS by her, and faceteded t)
fix a temporary rudder, and fent her for Guernfe),
where the arrived on the 2111 ult.
The Ann, HITNEriAN, from Dublin to Londm
was taken by a French lugger privateer off the Laid si)
End, the 14th inft.
His Majefty's (hip ROSARIO, Capvtin MooN say, is
apointed to convoy the linen (hips from Belfall to
the Downs; the arrived in that harbour on Sn.,d pr
fe'nnight, and was to fail the first fair wind after I.
31 March.

Letters from ilomhay to the 9th Augull, (late,
that Holkar lately endeavoured to induce the Jey-
pour Rajah to betray the .Britiffi officers in his lei-
vice, promiiing to affilt him in the recovery of his
ancient dominions, but the Rajah rejected the ore.
Holkar made like overtures to the Chicfrili:s
of Oude with fimilar fuccefs. He had, how ercr,
won to hi. interell a Zemindar of great popt:la
in the neighbourhood of Furruckabad, w!in aSont):"1
a numerous party in oppolition to the Bi ; bu::c
was loon delerted, and obliged La feek latety in 1;1'-'
Jungles. Holkar's mifraries appear to have :1•
-
ceeded to the fonthward, and excited lonic di;;:r-
bance among the Potigars, one of whom, in
neighbourhood of Dindigul, had taken thy Ltd ,r 4
committed great excelies ; he had, Inswevci, beN, :--
feated by a detachment of Sepoys, and di i•
the wocii4,

LAW INTELLIGEIVCE.

COURT OF KING'S BENCH, MARCH s.
CRIM. CGN.
CAPTAIN GARDNER W. JAMS, 'SQ.,
Mr. CW/4stosas opened the pleadings, which Rat-
ed. that this was an anion for Criminal Converfation
between the Defendant and the Plaintiff's wife, in
which the Plaintiff had laid his damages at scowl. To
which the Defendant had pleaded Not Guilty, where-
upon Mite was joined.
Mr. Easxims opened the cafe for the Plaintiff to
the following effea
Gentlemen of die Jury—This aElion is brought
by the Honourable Allen Hyde Gardner, a Captain
in his Majetly's navy, and fon of that gallant and me-
ritorious officer Admiral Lord Gardner, who has
long vindicated the honour of hiscountry, and who is
now advanced to a Peerage; and it is among the mod
afiliaing parts of this cafe—if indeed one part can be
snore aflliaing than another, in a cafe of this deferip-
lion—that in confequence of the conflation which
has taken place between the Defendant and the wife
of the Honourable Captain, and which connection is
the exilic of this aOion, there has been iffue ; that
toilets the evidence which (ball come before you to-
day, (hurtld be fortified hei caner before another ju.
rifdielion, by which that Mite may be ballardized, it
will iniictit all the honours that have been conferred
on that great Admiral, in confequenee of the ter.
vices to which I have alluded, and which however he
has fo well deferred ; to that I am perfuaded that
every well difpofed mind mull feel a confiderable
leaning ag.tinil fuch an unfortunate eonfequence ;
and 1 am extremely happy to fee from my intirue-
tions of what the evidence will be, that the fad of il-
legitimacy of the iffue will be made out without any
kind of controverfy. Gentlemen, Captain Gardner
was married to his Lady at Madras, in the Ealt In-
dies, in the month of March, 1796. She was the
daughter of a Mr. Adderley, by his wife, who en
his death, married Lord Hobart. The Plaintiff and
his wife were married, as I have aid already, at my
Lord Hobart's bottle, at Madras, who was then the
Governor of that fettlement. One Gentleman who
will be called to you, Sir Alured Clarke, was prefect
at the ceremony ; and, I underftand, that the happi-
nefs of this couple was uninterrupted until their un-
fortunate reparation. By unfortunate reparation I
do not mean by the aa of the Defendant, but from
the Plaintiff being called abroad in the fervice of his
country, and which, although honourable to the
Plaintiff, was yet to far unfortunate that it led kith*
crime of which we are now complaining. Captain
Gardner having been thus abrhad, returned to Eng-
land from the Lift Indies with his wife, in the year
1797. They remained together until May, 1799, and
indeed fometime afterwards ; but at that period
Captain Gardner was appointed to the command of
his Majelly's (hip the Ruby, and afterwards to the
74 gun (hip the Refolution, whole Ration was in the
Channel with the grand fleet. Up to this time the
greeted harmony had fubfided between the Plaintiff
and his wife, and Each was her apparent affeiflion for
her hufband, that on the (hip's coming into port—
(as we fee every day (hips of war doing, to refit, af-
ter encountering dorms, tempefts, and other perils
of the fea)—no fowler did (he hear of her ho band's
Blip coming into port, than Mrs. Gardner put her-
Pelf into email ccach to join her hutband, with whom
The Raid, apparently with petted affeaion, while the
!hip remained in harbour ; and on the failing of the
Blip, the returned to I.ondon, to a place provided for
her in his abfence, with every thing fitting for her
honourable dation. About the sth or 7th of Janu-
ary, no matter which, Mrs. Gardner came on board
the thip of which her hufband was commander,
which was called the Refolution, to fee her hutband;
that was in the year 1802—and remained on board
until the 30th of the fame month. She Raid in the
(hip until the got from Spithead nppofite to Pont-
mouth, to St. Helep's, which is the eaflern point of
the file of Wight, and then the parted from her hut.
band, went on thine, and returned to London, and
Captain Gardner failed finally from England about
the 7th of February, and it was impoffible that this
Lady could afterwards have teen her hu(band until
-he month of July in the year 5802, the period of his
num, which was about the end of that month. He
found Mrs. Gardner was pregnant. The length of
time the had been pregnant could not be known to
rim. She was at that time confidered by medical
yerfons to be in loch ill health that the could not co-
habit with her hulhand, and Captain Gardner went
to fea again, and afterwards found by information
that his wife had been delivered of a male child on
the 9th of December, 5802, fo that it was impollible
Captain Gardner could be the father of that child,
tor the went on board the (hip to him in the month
of January, and quitted the (hip on the 30th, or if
the remained on board until the 7th of February,
when the Grip failed, it was the lateß time, and (he
was not delivered until the sith of December, in the
fame year, a period 0f,4. yrfeks and three days, if
you take the time at which the left the (hip ; but if
you take the time, not from the period at which the
did *finally leave the (hip and return to London, but
from the time of the hufband ring abroad on the
Grip failing, there will be a period of 43 weeks and
three days, between that and the time of her delive-
ry ; fo that either period is much beyond the time ;
(even makingallowances for thole complaints, which,
by the way, generally end in immediate death)--of
tae geflation of a woman by the law of nature.—
There have been contrnverlies of this kind determin.
ed in our Courts of Law, and faithful reports of them
are to be bound in nut anticnt books as far back as
Inc time of Edward the Third ; and there were le-
veret of them in the reign of (12een Elizabeth. They
.ere well collated and h.-ought together by the
Learned Mr. Hargrave, in his late edition of Coke,
upon Littleton, where the period of human geltation
is Rated at forty weeks and ten days, which is forty-
one weeks and three days. That is Rated to be—
toff to/roairattrver tarter "aura ; but independently of
that, I !ball be able to 'dal:ditto, if not here, certainly
before another tribunal, that it is impoffible Captain
Gardner can be the father of that child, and that the
Defendant, by his own confeflion, is the father, by
this unhappy Lady. Gentlemen, it would be waft-
ing your time to enter into a detail of the nature of
the injury which the Plaintiff has full/lined in this
cafe. He was married to a beautiful woman, and I
am ready to admit, that when a man is called as a
milk:of man or a naval officer, away from fuch a
wife in the fervice of his country, it is a misfortune

to him, rather than an advantage, as far as regards
the chance of the conftancy of hG wife ; for when he
has an opportunity of attending and protecting her,
and performing all the duties of a hothouse], he mutt
be more fecure in the prefervation of her honour ;
and unquellionahly, the beauty of a woman is mat-
ter of great moment and fatisfa&ion, and, I may fay,l
the pride of a hufband, while her virtue is entire ;
but a woman of extraordinary beauty, which I un-
derftand this lady to be, in this great town, in which
we live, unfortunately without !the proteCting pre.
fence of her hufband, fortunately and glorious to the
charafter of that hufband, as he acquired laurels in
the fervice of his country ; yet unfortunate in refped
to the honour of his wife ; and that beauty was her
misfortune. To Rate the precife period when the
intimacy between this unhappy Lady, and the De-
fendant commenced, is beyond our power. But I
will prove the adultery to your pence fatisfaaion.".
Sir Alured Clark examined by Mr. DALLAS, prov-
ed the marriage of the Plaintiff and his wife, which
took effott at Madras in the church of St. George,
at which Lord and Lady Hobart were prefent ; it
was in the year 1796.
Crofs-examined by Mr. Gaatow.—l do not recol-
lelt feting them together in England, but I have
feen them both. She was certainly very young, and
very handfome—l do not know the Defendant at all.
Sufan Baker examined by Mr. EAST." I lived
fervent with Mrs. Gardner, in July, 11301. I was
not, at firft, the maid who attended her perfon. I
did not attend her as her own maid, until near Au-
gull in the fame year. I went down to Portfmouth
with her to fee Captain Gardner, who was going to
the Weft Indies. We Raid there a weck—he came
on Chore to her ; during the time I law them toge-
ther, they appeared to be very fond of one another.
I afterwards went with Mrs. Gardner to Brockton,
in Staffordflsire from Portfmouth, to the houfe of
Mr. and Mrs. Woolfley, where we Raid about three
months during that time I faw Mr. Henry Jadis in
the houfeif was a victor there, but I had no op-
portunity erring his cantina towards Mrs.
Gardner then. Rept at folne diftance from my
miftrefs. Mr. y bed room was near that of my
miarefa—when we that place, we came to town.
I accompanied my efs. I law Mr. Jadis after-
wards in about three iststeks. He came frequently to
vilit my millrefs. Thcie was a correfpondence be-
tween them by letters."
Mr. GARROM." You mutt not talk of letters, un-
lefs you produce them."—Witnefs.—We did not hear
any thing of Captain Gardner until he came into
Plymouth, which was, I think, in July.
Did you ever fee Mr. and Mrs. Gardner to-
gether from the time you parted from him at Portf-
mouth, until he came hack from his voyage ?"
Lord ELLEN 11010U011." That relates to a fob-
jeCt which is extrinficof this iffue."

Mr. ERSICINE." My Lord, I know that when a
Bill of Divorce comes before Parliament, the minutes
of this trial will be looked into, and I am anxious to
effablifix the time during which Captain Gardner had
no cohabitation with his wife, becaufe that will have
a material effea on the deciliosr-reffseaing the birth
of the child. I am anxious, therefore, that thefe fiats
fhould appear upon your Lordfhip's notes."
Lord appear
aoitouGH.—" If the Houfe of Lords
will look into my notes for evidence on that fubjea,
their Lordfhips will look for what they ought not to
find, for the evidence now propofed will only go to
effablifh an aft of adultery with Ameba+. That is
not the iffue we have to try. The ifTue is on the as
of adultery between the Plaintiff's wife, and the De-
feadald soon shu Record"
Mr. Els siNr. "I can prove to a letter what !have
Bated to the Jury : that which your I.ordlhip reje6s
we muff prove before another tribunal."
Mr. Gaitaow.—" I am the lets anxious about it,
when I fee who is to decide this caufe, otherwife I
ought to have taken an objeaion to this fort of evi-
dence."

Lord Ei.t.satioaouoit.-4, Whoever is the father
of the child is nothing to this Defendant, until you
affect him by proof of adultery."
The Winters proceeded—" Before I attended my
miarefs to fee my matter at Plymouth, Mr. Jadisk.ad
been in the habit of feeing her from time to timl
I remember, on one particular occaflon, his coming
to the houfe, and her going up (lairs to him. I was
up (lairs one day, and Mr. Jadis was with my mif-
trefs. I was fitting in her tied-room. She came up,
and Paid—'" She came to look for a fan. She defir-
ed me to go down (lairs and fetch her fome broth."
I went, and Raid down Rairs while the broth was
warming. When I returned, I found them in the
drawing room t I went immediately into the bed-
room, and obferved the bed to be very much tum-
bled. The bed was not in that Rate before I went
down flairs. When I went down aairs fur the broth,
I left them in the bed-room—when I came up again,
I obferved that one of the blinds of the window was
down. In January t ;Ica, we went down to Ponf-
mouth, in eonfequence of fome information which
my mißrefs received, and found Captain Gardner
there ; his (hip was come in. We Raid there near a
month on board the Refolution. When we left Cap-
tain Gardner, •we went to Fareham in our way to ,
town. My mifirefs's brother came down and was on
board with her : I did not fee Captain Gardner until
the July following—but between the time we left
him on board the Refolution, and July, I never law
any thing of him. After we returned to town, I
law the Defendant, Mr. Jadis. frequently ; he tiled
to vifit my mittrefs in Portugal greet, where her
houfe was. I have known her to go to hint in Con-
duit•ltreet, which was my Lord Strathmore's. She
tiled to go to dinner there; Rte ufed to come very
late ; fometimes at four o'clock in the morning.—
When Mr. Jadis was with my milkers, the door ufed
to be locked ; not in her own houfe, but at my Lord
Strathmore's. There vifits were very frequent, and
they ufed to flop a long time together. I remember
when Mr. Jadis was at my miarefs's houfe, Lord
Hobart called in Portugal-greet. Mr. Jadis left the
room when my Lord Hobart came up Rain. Mr.
Jadis went into the back room, and he did not make
his appearance while my Lord Hobart was there.—
When Captain Gardner returned in July iBoa, he
was very ill, and the Doeor of the [hip was obliged
to come up with him. At the time of his return my
miltrefs was in a Rate of pregnancy. Captain Gard-
ner did not Beep with my miarefs when he returned
—the reafon was, be laid, that the Doeor ordered
him not to !Jeep with her."
Mr. G61140W.-40 This is not evidence."

Lord Ettimentottco.=.4 Yes, I think it is, be.
tag an explanation accompanying an ad. I think
My Lord Kenyon wept rather farther than this is
receiving evidence. The Rate of the health of the
party; is a fad,. and this is the reafon accompanying
that fait; but, however, we are not here on that
part of the cafe to which this evidence applies ; for
it is for Foramen/ to fay, whether the yjw field k
bejarefifed or not ? The quellion here is fimply—Whe-
ther this Defendant has committed the adultery
Rated upon this Record? But have you any other
fad. Mr. Els It I/4 I, on the fubjed of the adultery ?"
Mr. ERS KIN I.—" 0 yes, my Lord."
The Witnefs—" After July I never faw my LIU.-
trefs and Captain Gardner together-1 Jaw Mr.
gar and my nuftrrli in Leif together in South Andley pert,
in Captain Gardner's knife. It was after Captain
Gardner returned. It was about December, as near
as I can recoiled. It was after the was brought to
bed. Mrs. Gardner was brought to bed on the Bth
of December. I cannot fay how Gaon after Mrs.
Gardner was brought to bed, that I law her and
Mr. Jadis in bed together; it was about five or fix
weeks afterwards. She ufed to come home from my
Lord St-athmore's, about three or four o'clock in
the morning—lhe has Raid there all night. I have
been at the door, and fhe has told me fo. I have re-
ceived orders from her, when I left her there, to
come and meet her the next morning, fometimes in
Grofvenor-greet, and fometimes in South-Audley-
Rreet. When the ufed to meet Mr. Jadis at my
Lord Strathmore's, my Lord Strathmore's family
was not in town. Mr. Jadis's fervant ufed to let me
in, when I knocked at the door."
Crofs.examined by Mr. GARROW." She Raid out
fomewhere all night frequently ; but i never went in
the morning and found her at my Lord Strathmore's.
We continued at Mr. Woolfley's for three months,
then we came to town; but we had not been a very
long time in town, before that circumftance occur-
red ; about fix weeks, I believe. Captain J. Gardner
and Mr. Jadis were not at all acquainted, to my
knowledge ; I never law them together on any occa-
fion. I never law Mr. Jadis in Mrs. Gardner's com-
pany,in the pretence of Captain Gardner, nor in the
pretence of Captain Gardner's relations, or her rela-
tions. Mr. Jadis is a very young man ; but I cannot
fay what age he is."
Admiral Caldwell examined by Mr. ERSICIIII.
" I am acquainted with Captain Gardner, and have
been ever (ince he was an infant.--i was not in the
EaR Indies when he was married.—l was anxious to
fee him, and I did fee him during his refidence in
England ; frequently after his marriage. I faw him
before he was appointed to the command of the Ruby,
and afterwards to the Refolution. I law him hun-
dreds of times; and I law Mrs. Gardner almoft every
time I faw him, except when I happened to meet him
in the Amt.".

O You thought her a very beautiful woman, I
believe, Admiral ?—A. I did not think her as hand.
Tome as rthers did.

(Z_Did is appear to you that they were affectionate
to one another ?—A. Moll certainly, without a doubt,
becanfe for one year they lived next door to me in
Charies.lireet, Bei kley.fquare. I recoiled Captain
Gardner going to the Ruby, but I cannot fay what
time; and I recoiled perfectly, he went into the Re.
foisitiqn, in the Channel, afterwards; but when he
went abroad I cannot recoiled. Mrs. Caldwell ufed
to vifit Captain Gardner and his Lady, and they vi-
fited one bode, and have had card parties like other
vikors.

Mr. Gaattow commenced the defence in the fol-
lowing fpeech :
" Gentlemen of the Jury, I have the misfortune
on this occalion to be one of the Counfel for this un-
fortunate Defendant, and I (ball give you very lit-
tle trouble in this cafe, becaufe I know your good
fenfe and moderation in the adminiftration of juttice,
for although yon mutt find a verdia for the Plaintiff,
I am quite Cure you will notgive outrageous damages
In as to ruin my client, which would be the inevita-
ble confequence of very large damages. Gentlemen,
it has been the falltion of late years to give very large
damages in anions of this nature. I am not difpofed
to quarrel with thofe verdifts. I think that in a great
many inftances they were well founded. When you
fee an artful man going through a plan of the feduc-
lion of his friend's wife, availing himfelf of the ad-
vantages which the laws of hofpitality afford, to gain
an aicendancy over the affections, and then to debauch
the wife of the friend of his youthful days ; pretend-
ing extraordinary friendthip for the hulband, affeaing
more than common fentiments of morality, or the like:
In all there cafes, damages are, and ought to be con-
fiderable ; but this is a cafe in every refpea direaly
the reverfe of any of thefc. You find a very young
man coming into the, company and acquaintance of a
very beautiful young woman ; left without any friend
to take care of her, as appears on the evidence before
you ; arid as my learned Friend Mr. Erfkine molt
truly hates, it was the misfortune of her hulband to
be obliged to leave her, and the is left entirely to
herfelf at an age, and under circumffances, molt
likely to produce the very misfortune which has hap-
pened. I'o prevent her falling into this misfortune,
the ought to have had the care, if not of her bur-
band, yet of fomebody to keep her out of the way of
temptation. Inflead of which, we find her on a vilit
in the country, and this very young man, then
Ccarcely of
_age, has an opportunity of being in her
company. Her manners were engaging as her beauty
was admirable. They were much together, but not
from any preconcerted artifice of this Defendant.—
And while they were together at Mr. Woolfley's, you
find that the concluft of this young man was exem-
plary—no attempt was there made to (educe her. He
was alto wards fi,rrounded by temptation ; in every
hour he was affailed by the force of :ivelinefs and
beauty. They come to town ; they meet at the
Opera, and other places of gay retort. She meets
him at Otte places ; the is alone in this diflipated
town, without a guide ; he vifits her at her houfe,
and the, unfortunately, returns his vifits, and this
leads to the confequences which we all lament ; but
here is no plan of fedudion laid, no friendlhip be-
trayed, for it does not appear that this young man
ever (poke to the Plaintiff, or to any of his relations,
or of hers. Why then, Gentlemen, have I not a right
to afle whether this is not a very unfortunate cafe on
the part of the Defendant; whether he has not fallen
under a temptation that would, perhaps, have been
too much for more experienced perfons than himfelf?
If this be the complexion of his cafe, you will not
punith him too (curtly. Ihea are all the obferva-

riots I have to make, and I now comm;s my el;,,
to your moderation and your jutlice, %filch, in chi
cafe, are convertible terms. Ido not apologife for
him, he certainly is guilty of doing what he fltould
not do, and what the law prohibits ; but he was in
a fituation that ezpofed him to a temptation whic:l
could hardly be refilled. He has fallen under the
temptation, as almoll any other man under the fam •
circumbnces would have fallen."

------ ---
Lord ELLIINSUROUGH then addreffed the Jury as
follows :

" Gentlemen of the Jury—ln this anion Captain
Gardner leeks to recover damages for an injury he
has [Whined by the ea of the Defendant, which is,
that of a criminal correfpnndence with his wife. As
to the fad of the adultery, there is no doubt, inde-
pendently of the circumtlance of their being found iq
bed togethe, after the was delivered of a child in De-
cember iBo2. The intercourfe which took place be-
tween them at her hnufe in Portugal-Greet, whcii tile
maid was fent down for the brother, proves it ; for,
it appears, that when the came b ick, the found the
bed cloaths tumbled, that could hardly leave a : A
tional doubt of the an of adultery ; and you obfet tr,
that the blind of the window was thut, and nobody
elle had been in the room. Thefe circuretances
hardly leave any doubt that a criminal intercourfe
took place between them at this time. We have not
any evidence of any real arts of fedudion, by which
her virtue was nndermined—fhe appears to have been
at the houfe of Mr. Woolley for three months while
the Defendant was there. Whether what afterwards
happened was owing to any artful advance on his
parr,or blameable facility on hers, does not appear, bnt
it does appear that the had not the ordinary precaution
of putting the bed-cloaths in order, or to put hack the
blind of the window, after what had happened ; from
which we ought to conclude, that the was not, at that
time, a woman of any confiderable referee, or care of
ber charader, (ince the fuffered her fervant to fee what
had palled, and hardly left any room for doubt of
her criminal intercourfe. The vifits alfo which the
paid to the Defendant at Lord Strathmore's ; her
flaying there until four in the morning ; and her wo-
man tieing her in the Greet after the had been out,
or at leaf,, from home all night, are points to be cott.
fidered ; for all this thews the condo& of a woman
who has taken leave of her reputation. This is'an
anion for the lots of the affedion of a wife, and the
amount of that lofs ought to be eftimated by the
value of that affedion, which is in proportion to the
virtue of that wife before the ad of adultery war
committed : if you think, from the evidence, that
the was a woman of wanton manners, who might
have yielded as much to the advances of any one, as
the did to this Defendant, or was as ready to meet
him as he waf to addrefs her, in that cafe, her cha-
rafter will go in mitigation of damages, and mix in
your confederation of the cafe. You will confider
whether this be a cafe of an aggravated kind, by un-
dermining the virtue of a woman who was more
than under the ordinary protedion of the law, when
her hutband fetcher, not on an idle porfuit of plea-
fore, but in confequence of being called abroad in
the neceffity of the public fervice—or the mere mif-
condud of the Defendant, without any circumflances
of aggravation. You will confider what damages
are necetrary for the injury done to the Plaintiff in re-
fped to fuch a wife as this." _

Mr. Bain swat t., one of the Jury, Wetted, there
was no evidence what were the cit coma:ince' of the
Defendant.

Lord Ect.fxsoaouc tr.—ge I think that ought not
to mix in your confideration, becaufe the quellion is,
what is the amount of the ittjwy lone to the Plaint if,
not what are the eireptastimees of she Defendant." Ver-
did for the Plaintiff—damages On, Mislaid Pounds.
Certificate from the Judge that the caufe was fit
for a Special Jury.

On Saturday the late Lottery Sailed drawing
and Tickets and Shares for the Spring Lottery will'
be ready for delivery in two or three days. For the
Scheme, fee another part of our Paper.

A Court Martial is fitting at Torbay, on Captain
BLIOH, of the WARRIOR, who- is charged by one of
his Lieutenants with tyranny, unofficer-like, and un-
gentlemanly behaviour. The Court fat for a lhort
time on the 25th ult. and had not finiihed when our
accounts came away on the following day.
Saturday a confiderable number of letters were re-
ceived from New York ; they do not, however, add
much to the information of which the papers to the
3d ult. previoully paella us.—The fhip Afpafra had
arrived at New York from the file of France in 8t
days, and brought letters from thence dated Novem-
ber }. We do not, however, find that they mad!:
any communication refpeding the belligerent (qua-
drons in thole feas. The Upton Cattle and Charlotte,
taken by Limon, were lying at St. Denis, Ifle of
Bourbon, and are the only Britith prizes mentioned.
A Dutch Eall Indianian, named Elizabeth, with a
valuable cargo, from Batavia, and die American (hip
Penman, with Dutch property, bad been captured
by the Englifh, and fent to Columba.
The French frigate Prerdent, continued in the bite
of Crany Ifland. The Britilh frigate Caesaalas bad
failed on a cruize, in the hope that the enemy would
take advantage of her abfence to pat to fea.

The Navy Board has given direftions for two Hoops
of war being built at Halifax early in the fpring, an
order to afcertain the expediency of building chips
there on a more extended plan.
Three or four Blitint (hips of war were cruising
off Martinico in January, but had not refumed the
blockade of that illand.

Neutral wird:, freighted with the produce of the
French colonies, are admitted into the ports of France
on paying the fame duties as are impofed on French
bottoms, which is one-third lefs than on foreign (hips.
This encouragement has induced feveral Americans
to embark in this carrying trade, which they clicguile
by conveying the produce, firil to the United States,
and then conveying it with frefh papers.
The embargo which prevailed at the Ilk of France
in confequence of a Britifh fquadron being off the
island ladled fiuty-three days.
Several American 'dell, which in Ana and
September arrived at Batavia for cargoes, were oblig.
ed to proceed to China in ballaft, the Company there
having refolved not to fell.
Several neutral yeah, with cargoes from Marti-
nique, have been fent to Antigua by the CAR TS•
FORT and others of our cruizers, but in numerous in-
Itances they have igen rcleared foon after.,