Star.
London, England, 1814-12-12 00:00:00

:arpet or the room, too, Which was nailed down int.
nediately opposite this place, was much rumpled and
•tretched, as if posited against by feet ; it WAS also
iirty, as if it had been sO pusl.-.4 with muddy shoes
He felt it necessary to state, that lie perceived th.
ark :'t in a muddy state on the Thursd.iy and •'4Ved-
i.i Jay bJfore. He tecollccted La ly Kuseherry vty
Jog to Sir H trry Mildmav, in reproachful tones,
" You found me innocent, all ! T.anentber what I
was f.'"Viiese were etc ouly tvords of reproach h..

heard her Lady,:ip use. Sir 1:...rr!. in the earl)
part ot the scene, said, in a speech coniiderabl.
length, which he made in defence of Lady Ro.seherry,
itnd in reprobatioa of himself. " Can you look upon
her and not relent ?" Lord Roseberry did not sec
Lady Roseberi y afterwards. Lady Rosubeirr lild
. .

a desk which she usually carried with her wh•ii s:te
travelled. From this, witness saw Lord R.',seberry
take a letter, which on reading, he seern.:d much
atil:cted. He then delivered the desk into w.toe-s's
possession. On examination, the letters produced and
read that day were found. Lady Roseb2rry lett the
house early on Sunday mcruing.
Cross-examined by Mr. BRIWGIIANI—Previous to
the Tuesday on which he had received private inior-
mation of Lady Roseberry's conduct, lie was eutiiely
ignorant of any criminal intercoo: se between her
Ladyship and that Gentleman. He kucw that Lo
R. had forbad Sir Harry Mildmay to visit Lady R.
on the Saturday sennight previous to her leaving
London for Norfolk. Had also heard Lord R. had
pasted Sir H. in the street in consevenee of the feel-
ings he entertained respecting his conduct in April
Wt.—When he addressed himself to Sir H. Mildmay
in Lady Roseerry's bed-eh:lmb( r, he considered him
as a man startling before hint as in a degraded cha-
racter, and he believed he shewed indignation when
Sir H. desired to be allowed to remain in private with
Lady R. When he ordered Sir Harry to go out of
the window he did not do so with the view of de-
grading him —He considered Sir Harry Miidmay as
degraded from the situation in which he then stood.—
His view in bidding him to go out of the window,
was to prevent his being seen by the servants, knowing
he had come in that way, and front a wish to avoid
more expos are than Was necessary. Sir Harry Mild.
may he had heard w is not in very flourishing circum.
stances at presenr. During the life of his mother he
was not independent ; at her Ladyship's death, how.
ever, he would come in for a large property.
Mr. Benjamin Stone, if Newhaven, was called to
prove !Iv departure of Sir Harry Mildmay, and Lady
Itoseberry, under the name of Lady Mildmay, for the
Continent, on the night of the 16th of NJvember

they had a great deal of luggage with them.
Mr. BROUGHAM then addressed the Jury. He said,
the case being closed, and they having heard the
statement of his Learned FrienJ, as well as the evi-
dence in support of that state:l-wilt, it had become
his duty, and GOD knew he spoke it most sincerely
when 'he called it a painful duty; to finish the pro-
ceedi.igs of • that day, by utre:-ing his humbl.• assist-
ance to enable them to accomphs!) the task that re-
mained fur their performance. It was a task than
which they never could be callftd upon to pet form a
bett"r, if they succeeded in affirding a remedy to
the Nuble Plain:iff fur the injury he had sustained—an
aikquate remedy—one, that v..hile it consulted Lord
Ruseberry's honour, should not carry with it utter ruin
•
to the defendant. lie tendered them his assistance in
that ta.k, though he stood there outwardly as the ad.
v.,cate fur the defendant ; and h..• I:wgged they would
dismiss firm their •minds any suspicion that might
have ari.e•i, that b !e.tu ,e lie Lit) d in that situation

he was about to offer a captiors or a cavilling de-
fence. N t such thing : such an tention was the
farthest from his piny r. Ile had the happiness, if
at that rhodsent he might c ill it a happiness, to be
acquainted not With one only of the three noble
!Muses whose character, and feelings, and interests,
were mingled in thc present ca.ise, but with all ; he
might boast the honcur Of a dos:: intimacy with all
of them, and he stets proud to aeknouledg.: the pie.
found esteem he felt for all: indeed he now fnu.id

hims.lf in the distracting pietlicarnent, that he knew
no far which 4,f them his esteetu and his attachment
were the greatest. In consecutence of that situation,
however, in which he stood, and of those feelings
which such a situation might naturally be expected to
create, he was the more anxious to tender what little
aid he could give to the Gentlemen of the Jury, in
enabling them to deliver a verdict which nri4ht as-
s.trage as far as any verdict could assuage, the afflic-
tion and sorrow which had been produced by the me-.
laaclioly transaction then before them. And most
py lie should deem himself, if in executing that
task, if in palliatimt actions which were no sooner per-
f Yroied than s!iuddesed at, if in assisting to pour the
li-alii.g b ilm into wounds which were no sooner
iu-
fiictLd than mourned, he could succeed in obtain-

iag foam them such damages as might satiify the
e:tds of justice, vindicate the hnnuur of the Noble
plaintiff, arid assert the cause of public morals, with-
out striking the defendant into irremediable ruin.—
But it they guided themselves by all that !,tti falhu
from his Learned Friend, the Attorney General, it
they simply trusted. to his inflamed and exaggerated
statements, heightened by all those powers of elo-
quence which he so well knew hew to employ, they
~ould not satisfy the justice of the case, they would
not tender tlizit service to all the branches of the
three Noble Houses which was sought for, nor
would they render that service to the Noble client
of his Learned Friend, which he knew he was
alone desirous to obtain. It became, therefore, a
Linding duty upon him not to allow them to de.
liberate upon the case fresh from the influence.
which must have been produced by the unmeasured
statements of his Learned Friend, without endea-
vouring to place before them the real, the unmagni.
fled features of the case, in their plain and unciistort.
ed size and colour. In the first place, Sir H. Mild-
may himself, as the record proved, in suffering judg-
ment to go by default, called upon them to give a
verdict of sufficient damages—he did not deny the,
injury he had done—he did not deny the offence he
had commuted. How he came to commit the of-
fence was another question : but he (Mr. Brougham)
the advocate of Sir 11. l'elildrrta, stood up in that
Court, and desired them to coitipt flute the Noble
Plaintiff for the injury he had sustained. The At-
torney-General had justly saia, that in point of fact
pecuniary compensation for such an injury, was al-
together out of the question & but as some imputation
might be cast upon the character and c,nduct of the
naitaiir, ii only trirhug• damages were given, it

.
NA tasere*.• life; teen judgcd neoess-. mr to ca •
great ones. W.. 11, then. Sir H :rry Mtidnuy enter
ed e() completely into those feclinKs of the N
Pitintiff, that h.: dcs'red they would give
itlkh equivocal, n'i such 4611).gu,kis co-npensation.
While, however, they dealt out to the Plaintiff those
jilst but 'moderate datna:4'es whlth the nature it the
case reqn;red, tiny were to guard .IX o:3: such heavy
and excessive one, 4$ Would c.tlty m's•try and ruin
Intl One branch of that great ho,ise, would cmt
off its ca'pital.men.ber, and drive him in:o 11::pcless
exile from his country during the rest of his life.
That WAS. a prripOrtion of punishment s%/ii • h he w .s
sloe the case itself did not demand, whik.h r, ;o e coned
wish, and which lie bt•lieved no: even the No.
ble Plaintiff liiinselt desirvd. With regard to that
Noble elain-iir, his instructi )tiS boi.n.l op Ps hands,
and he was torbidd,n to utter a word, to breathe a

single syllable which migLt he construed into the
slightest allteaon to the conduct of Lord Row:berry.
An advocate knew no !echoes but those of his shell ,
and therefore he W.V.sileet, or else there were some
parts of the statemi iit of his Learned Friend, corro-
borated by the evi Ic:,ce, upon Which, rrlips, I.e
should had many cAnitieitts to make. it was the
anxious wish id S.r H. Mil• !may that not one word
should be said which might rend to irritate the '
inks, nut only of the Nohle.l.ord, but of any otaet
branch of his family : trail such observations is
was solemnly enjoined by his client to ails; tin.--
That forbearance, however, was no reason why ex-
aggerated sta.ements shnitld be permitted merles un-
noticed, and he was accordingly obliged to tall their
attention to one or two most serious cheiges against
the -defendant, which, Ireslaninteer to say, weie not
only unsupported, but absolutely contradicted ;,jr the
evidence. The iettUrney-General had t aid them,
(faithfully pnrsuieg, no doubt, the instlect:one :,c dad
received,) abroivie and tieketily told them, without
once adverting to all those intaineettate scenes that
took place on the fatal Saturday, ilia: upon Sir Harry
Mildmay being discoVered in Lady Roseberry's room
by. the brother of Lord Roseberry, he, the winless,
peremptorily ordered him to quit the houie by the
way he had entered it, namely the window, and that
he was iiiiinediately obeyed. Had the conduct of
the defendant been al bad as crime could make it--
had it hein Marked by all that atrocity with which
the exaggeration of his Learned Friend endeavoured
7o cover it, he would say that that which v. as impu-
ted to him by the Attorney-General was worse than
all; and that a man could sooner stand up in the
world against any accusation that the degrading,
the humiliat;ng one, which his Learned Friend
had levelled at' tile head ot the defendant.
At his head did he say ? N e it was at his breast, at
his heart, that he directtd the foul charge. It affect-
ed his courage, and placed it node- such imputation,
that he could not have lived one hour tonger, had the
facts been as stated by his Learned Friend. But how
was the case, as delivered by Mr. Primrose hiinself,
an impartial, an honourable s itness, and one whose
minute and laboured accuracy trey all knew. He
had told them that, instead of a peremptory iutra-
mons, it was a request, tegently solicited ; in-
stead of the degrading or&r, " go as you came
—out of the window with you,"—it was, " pray
go; you had much biter—it will he mole emote.
nient for all parties—it wail save minecesetry ei po.
sure—you may retreat geitiy and unperceived."—
Such was tle p:oceeding. These was no insult in
the Manner—no zudeness in the expressions; and its
support of what he said, he had not only Mr. Pi im-
rose's own word, and the kiir.vlielee which Mr. P.
must have had ot the person with whom he was.deal.
ing, bUt he had atiothereestinioey still sironeer, still
mule powerful ; he had the honour and gentlemanly
feelings of Mr. Primrose as vouchers. Mr Primrose
had obtained the arms of Sir H. f..l.ldinay. an 1 when
he (leis. Brougham) knew that it was as g.iod as
it he had seen into ham: i!y, for lie was glow sure,
after such a 'compact, nothing like insult could come
nom Mr. Prionose. But he WAS re ally astoaisie:d
how his Learned Ftiend had cu se vett in o'her parts
of his statement to confound ditlerences by p issing
over sonic things, and noticing others, and then duel-
ling upon what he selected with that exagg, rated elo-
quence which perplexed and confused things in thelU-
wlves perfectly plain arid intelligible. Could there, for
instance, be any thing more natural than the frequent
expressions in Sir H. Mildtnay's letters, that be bore
no enmity towards Lord Rost betty ? And yet there was
nothing in the whole course ot the uutortunate de-
fendant's conduct which more excited the indignation
of his Learned Friend, or which called lions him more
vehement expressions of abhorrence than those decla-
rations, as if Sir Harry Mildmay had meant by them
any thing more than a simple referenie to certain
transactions that had passed between him and Lord
Roseberry relatively to his attentions to Lady Rose-
berry. Those were the points. ailaded to when Sir
Harry Mildmay said he bore no enmity to Lord
!toseberry ; he only avowed that Irmo Lord ltose.
berry he could endure more in the way of I.:buice or
slight than from any oiler men, Is iteeutany flelings
of tesentment, because he felt ton deeply Low much
he was injuring him to give place to any su 11 senti-
ments. Such overciiarged comments weakened mote
than they bzueti:ed a.Cati.C, though nothing Was more
common than for an advocate to fall into the error of
pourtraying a present case, merely because it was a
present one, as tee most atrocious, the most dread: ill,'
the most herribie, the most abominable that had ev:r
before been knoxu. Such indiscrimiaate appeals were
most injurious, not cooly to the general hut even to the
individual !Lite: ests of justice ; and in the present case
the•exaggeration was most obviors They bad tee.
quently heard, and those walls had frequently Wlih.n-
sed cases ot a:toe i:y to which the I resent bole 11Q re-
semblance. They had seen instances where an hut-
vidual bad devoted his whole lif. to the tied sing of
some unwary female, incapable at the same taut: in
love, incapable of any passion but lug, gazing with
libidinous eyes round the ornameais ot s ...lay, and,
satiated with indulgence stinging into activity appe-
tites dull fom torpor: real spoil is ot lent le inno-
cence, who added to the zest of guilt the savage de.
light of I. i unmanly tatiVition over
their 'victinie Tee records of iii t Couit teqitied
to amber case, of a man whe, t‘z a wake,
dertoek to the 10111 cf a trhcron ;
lie succeeded, and met the punis.'ine•it wfich
ha di urvest. Thank G..no, such cases ss r , nuked,
r ire ; but oth. is veto, out, whete the ' u !..and Was
ra.tted to the seducer by ties of blood, where the SC.
(Later him-elf was a WAIT lea Illtlll aus: thus batty of