Star.
London, England, 1824-06-08 00:00:00

COUR!' OF APPEALS, DUBLIN.

CPI XL c FritothaoN.
Thursday, this very important case came on before'
Mr. KINAHAN, as Assessor, and a Sheriff's Jury of
great respectability, viz.
Aldermen—Abbott, C. P. Archer, Montgomery,
.Harty, West,
Tyndall, and Sir W. Starner, Bart. Sir George Whiteford, J. Hone,
Val. O'Connor, E. Cruker, and Wm. Sparrow, E.,qrs.
In this cause Maurice Godfrey Moore, E,q. was plain-
tiff; and the flon. Richard Fitzgibbon defendant.
Mr. 114)LWELL WALSH said, this was an inquiry to
assess damages, arising out of an action of trespass yid
arwis, judgment having gone by default. Two counts
in the indictment enumeratel assaults on Diana Moore,

then and still the wife of the plaintiff. Damages were
laid at Thirty Thousand Pounds.
The SOLICITOR-GENERAL said, it was an action
brought by the plaintiff to recover damages for the se-
duction of his wile. For ten years they lived together
in a state of connubial happiness; she bore him several
children ; her character has been stained, and his ho•

nour in consecpience. They were cousins-german, de-'
scended of a Noble family. Their infantine amuse-
ments were sought together, and an attachment grew
as they advanced towards the prime of life : it grew
with their growth, and they passed the period of their
youth happily together. The Lady resided for a time
at the house of the Hon. Mrs. Crosby. In 1809, Mr.
Moore found himself possessed, when he came of age,
of £3,000 a-year, and ha,tened to lay his fortune at
the feet of his attached friend. His motber remon-

strated, and pointed out that he was too young. He
yielded, and in 1812, passing to the Continent, tra-
•elled into Greece, &c. but he found himself, by some
secret attraction, drawn to England. He found the
Lady still attached, and made settlements, when, in
1814, a marriage took plice. They returned to Le-
land, and resided at his seat at Aloore's Fort, where

sky realised all those contemplations of connubial
happiness they had so often pictured to themselves.—.
In 1815, an acquaintance commenced with defendant
at Mount Shannon, the seat of the Emil of Clare, his

brother ; an intimacy took place ; thee e was no dimi-
nution in the affections of Mrs. Moore towards her hus-

band ; but afterwards her mind seemed alienated from

her husband, and to relieve the ennui of that dull
stupid place, as it then appeared to her, she proposed
travelling to London to change the scene. The plain-
tiff, by some fatality or accident, soon found the de-
fendant at his house in London. In 1821, Al r. Moore

could vt no rents flora Ireland; all knew the diffi-
culty of collecting rents at that period in Ireland ; Mr.
Moore came to Ireland to collect the means of his

support; he did receive some money, and returned
to London. After that his means became totally

exhausted, and he was arrested for debt. He plo-

posed to Mrs. Moore to return home; she was re-
luctant ; the defendant came forward and discharged
his debts. Mr. Moore again came to Ireland, and
when he went to London again, prevailed on Mrs.
Moore to return to Ireland. Mrs. Hutchinson, Mrs.
Moore's mother, was just then residing in Boulogne,
and invited them over ; they went, and staid some little
time. The defendant, as a friend, accompanied them'
to shew Mrs. Moore the capital of France ; this was
considered but reasonable, as they were near Paris.—
There Mrs. Moore's manner became totally altered, and
she displayed much ill temper, which Mr. Moore attri-
buted to ill health. She wished to go to Italy, which
her husband's means would not allow ; Colonel Fitz..

gibbon said he had the means, and would pay the ex-
penses of travelling. This Mr. Moore positively refused,
and they returned to Boulogne. Mrs. Moore, however,
became more unhappy, and to Italy they ultimately
went. Mrs. Moore was delivered of a child at Soignes
shortly after. Mr. Moore being at that time in behind,
and as he saw in his wife nothing but the strictest deco-
rum, and in his friend nothing but the highest honour,
that birth of the child excited no suspicion in his mind.
The plaintiff and defendant met at Brighton shortly
after. Mrs. M.was anxious to see Sonth Wales,Mr. Moore
acquiesced in the Colonel's desire of accompanying
them; they embarked at Milford; Mrs. Moore had for
some time complained of ill health, and on that pretext
Mr. Moore was excluded from her bed. Subsequently,
separate beds were, by her directions, prepared at his
own house. Ms. Moore's disposition became more and
more morose ; every day she confined herself to her
room. At length, things went on thus disagreeably,
until one morning, at breakfast, she declared their tem-
pers could not assimilate, and that they should part.
Mr. Moore was astonished at this, for there never was
a more indulgent husband ; one who had never denied
her any reasonable wish. He declined making a deed
of separation. Ile appealed to Lord Brandon and
others of her friends, and she appeared subsequently
more improved in temper and manners. She wished a
lodge taken at Danmore: this was granted. She wished
he would take his son to school ; he complied ; re-
joiced at this apparent change in her temper, he went
to Doemore, concluding he would find her there ; she
was not there, nor at Moore's Fort neither; nor was
she at Baron Pennefather's, his cousin s, or any neigh.
bouring house. He still flattered himself that all was
safe, and her virtue unpolluted—least of all did he an-
ticipate any ill from his dear friend. At last her course
was discovered by Mr. Moore's friends; on the Sunday
after she had dispatched hei husband with her son, she.
ordered and proceeded in a chaise with her two last'
born children. The defendant met her at Howth ; she
l
got into his carriage, remained in it on deck during the
voyage, and was slung on shore in it. One servant de-
manded a discharge, and rece:yxd it at Dover, another
at Dijon, and the melancholy certainty was, that they
were now living together on the Continent in open
adultery. The melancholy and painful intelligence was
cautiously broken to Mr. Moore by his cousin, Baron
Pennefather, but notwithstanding all this preparation for
it, when the fact was imparted to him, he fell on the
ground as if shot by a pistol, and remained in such a
state for sO considerable a time, that fears were justly en-
tertained for his life in the first instance, and next for
his senses. These were the simple facts, which were
owned to, and admitted by the defendant, in suffering
judgment to go by default, and the Jury were then
assembled to assess the damages. The Learned Soli ci:ors
General argued with great ability as to the sum which
the Jury should allow for injuries thus sustained by a
much wronged husband. What wealth, he asked, could
purchase that of which he was deprived? Conli his
happiness, could his honour, could the peace of h s
children be restored? What l—sati sfac tion ;—no,
st
was punishment on the delinquent which should be in-
flicted. He appealed to the Jury as impart al and
feeling men, and left the case in their hands.
Witnesses were then called, who proved the facts
stated by the Solicitor-General.
Mr. William Astley proved, that 2,0001. a year was
the value of the collice of Usher in the Court of Chaticetys.

It was admitted by Colonel Fitzgibbon's Counsel that
he was Usher to the Court of Chancery.
Mr. Brabazon Stafford, of the Principal Transfer
Office, in the Bank. of Ireland, said, that in May last
Colonel Fitzgibbon appears to have had 28,4001. Stock,
in the Bank of Ireland, in the 3 per Cents.
The plaintiff's case closed at a quarter before four,
when Mr. E. JOHNSON addressed the Jury on behalf of
Colonel Fitzgibbon. He said the Colonel had been but
slightly provided • for by his Noble father, and how 11
money could have been accumulated in the Bank in his
m was quite surprising, for the other side had not
snhaewel'i that Colonel Fitzgibbon had any real property
to support his rank. Punishment, he insisted, did not
belong to the ti ibunal before him. The Colonel's
con-
duct had been that of a Gentleman, who had not in-
sinuated in his defence anything in the remotest degree
against Mrs. or Mr. Moore.
Mr. E. JCIINION then generally replied to the ar-
guments of the Solicitor -Genet al. Colonel Fittgibbon,
he remarked, renewed his intimacy with Mr. and Mrs.
Moore, while discharging his duty in the House of Com-
mons, when they came to London. Mr. Moore was
absentons' in Ireland, o• indispensable business. He did not
mean to attribute anything culpable to Mr. :More,
while he said Mrs. Moore continued wholly unprotected,
and without a male or female guardian. A continental
journey was proposed. Mr. Moore was riot well able at
the time to afford the means. The Celonel nit

have accompanied them without invitation, and it should
be recollected that the manners of the Continent neces-
sarily increased an intercourse between the parties,
which was truly a
.misfortune. He adverted to the
birth of a child at Soignes, and the arrangement of a
new journey through S.iuth Wale., subsequeatly to tl;c
meeting at. Brighton. Ali these circumstances, inno-
cently, he would admit, thrown in his way, had in-
duced the crime. Colonel Fitzgibbon comes forward,
deploring the event, and there was a great difference
between his conduct and that of a libertine who gloried
in his crime. The object of a Nobleman frequently is
to make a great head of a family, who often swallowed
up the property of the younger branches of it. That, he
said, was the situation of the Colonel. There was here
everything accidental and natural, and in this case
nothing to aggravate or enhance damages, which would
be best apportioned to the true nature of the offence.
The Assessor addressed the Jury w i:h
The Court was then cleared, and after deliberating for
a short time, the Jury found a vet diet of Six Thousand
Pounds Damages, with Costs.