Star.
London, England, 1807-12-23 00:00:00

CIIA7HAIII, DIiCEMBER 22.

Thurfday lafl, the Duke of Masicasstra, the
Marquis of HUNTLFY, and Captain CRAYCRAFT, of
the Royal Navy, vifited Captain SICEENI, and the
offic-is of the Guerriere frigate, lying off the Dock
Yard. The two Noblemen in the evening dined with
a largo party of officers, at the Crown Inn, Roche(
ter. The Guerriere is to convey the Duke of MAN-
cum-Fa to Jamaica.
The detachment of the 95th rifle regiment, which
has lately arived from Monte Video, marched through
this town onWednefday..... _ _ _

The Royal Denbigh 'Militia marched from Sheer-
nef., on Thurfday, for Margate barracks.
Yellerday morning two marines fell out of one of
the tops of the Refolution, in Dock, and were both
taken up dreadfully hurt.

A Qarter Matter belonging to the Refolution,
and who was one of the working party eliding to
fit out the Guerriere, fell overboard yelterday alter.
noon, and was unfortunately drowned.

SHAKSPEARIAV.I.

(Nan)
ANNOTATIONs ON THE TEMPEST.
Page U.—And whom to trill for silts-Wing.

i After perufing the note of Mr. STUMM; on this
pa(fage, in reference to the terms treh and overtop-
and the obfervations of Mr. WHarrom on a
' lenience in the fecund ate of Othello, where the former
expreffinn is tiled, it teems doubtful what conftruc-
tion is, bell adapted to thofe phrafes. Mr Staavams,
after rIr.WARBUITON, lays, to troth (in horticulture)
is to cut away the fuperfluities ; that he has met
with flit word in boas containing direaions for
gardener's, publifhed in the time of Q2een ELIZA.
BETH ; and to countenance the ufe of the expreflion
in that fenfe, he gives the following authorities from
WARNER'S Albion': England, and our author's Xing
Richard the Second.

" Who fidrreth none by might, by wealth, or blood to rotrt4
1, 1-litnfclf gives all preferment, and whum !Meth, him doth lap."
WARNER.

" Go thou, and, like an executioner,
" Cut bff the heads of too raft growing (prays,
" That look too lofty in our Commonwealth."

SH A KSPE Alt .

Mr. WARTON, on the other hand, reprefents both
trajb and overtopping to apply to bunting ; but with
tetplet to their meaning here, I incline Itrongly to the
opinion of Mr. STP.RVEN4, notwi,hltanding he mo•
deftly obferves that Mr. WARTON'S note renders the
interpretation of the paffage difputable. The lines
in Ottello, upon which Mr. WARTON makes hic corn-
rnentaiy are thus given in Mr MALONE'S edition,

If this poor trath of Venice, whom 1 truth
For his quick hunting, !Lind the puffing on ;
but they have been tortured into three or four fhapes
by different emendators.
01 the two metaphors, that furlained by Mr. STE e.
YEN/ is affitredly more congenial with a relation fuited
to the intellea of the delicate and timid iliranda,
who, from local end habitual circumflance, we mutt
conclude 'to be unfamiliar with the jargon of the
cla::.
• Ibid.-1 pray thee, mark me,
/thus negledling worldly ends, Bcc.

This fpeech feems very douhlul, and wanting
necefrary c innedlion to make it pel feet fenfe. If rcad
as follows, it might admit a more clear and gram.
matical interpretation :

I pray thee, mark me,
My. thus negleding worldly ends, all dedicated
l'oelorcitefi and the bettering of my mind,
With that (4 which...46ot (6) by bring fo rctir'd)
O'crpriz'd all popular rate, in my falfe brotber
Awak'd an evil stature, Ste.
I.ike one,
Who having, unto truth, by telling of it,
Mad,. fueh a tanner of his memory, Ste.

With forne diffidence, I fuggea an alteration of iris
rest which has already obtained confiderable animad.
verfion. Certainly, as Dr. WARBURTON obferveb,
the prefent reading rani! be a corrupted one. Men,
lays that learned Commentator, by a miferable dela •
lion, to which ftory tellers are fubjeel, frequently
give credit to their own lies. He might have further
aliened, that they oftentimes voluntarily err In long
from the path of truth and lincerit y, as n..t, at !all,
to be aware of their deviation. I propofe to read
thus :

Like one,
Who having, unto truth, by quelli.l of it,
Made fuck a finner of his memory,
Ts, credit his own lic, &c.

That the fubilituted phrafe was familiar with our
author is evident by the following quotation from the
Second Part of Henry IV.

A man queller, and a woman-quefler. 1. R.
fa) Religion.
(4. IP! the :orfecrene t only of bcing fo retied.

TO THE .111)11."OR OF THE STAR.

The following Plan fur the fupport cf the Country
is fubmitted to Government and the Public, through
the medium of your excellent Paper.

To convert, either Midi or without the confent of
the proprietors, the whole of the National Debt into I
a commercial and aftive capital, and thereby gradu•
ally to releale the taxes and duties exacted born the
labour of the people for its fupport.
To obtain the field of commerce, and fcnpe for
the employment of this Capital, the followiog pro-
politions are fubmitted :
The Charter t•f the Ea India Company to he •
repurchafed by Government for the public, and re•
conveyed (the political right excepted) to a new
Company, to be compofed of the Proprietors of the
Funded Debt, including the Proprietors of India and
South Sea Stock, but not the India Creditors; the
whole to be incorporated under the title of the United
National Company of Merchants.
The new Company to rely folely upon the magni•
tude of its capital, and not upon an exclufive privi-
ledge for its fupport againa all &mak as well as
foreign competitors fur the market. In fine, to make
it the interea of the individual, merchant, or private
adventurer, rather to trade through the medium of
the Company as a Proprietor of Stock than upon
his own rifk. This, and this only can keep alive the
true commercial fpirit and enterprize in a large
Company, and preferve to the Britith nation what
the enterprize of foreigners threatens to deprive her
of, viz. the proF.ts of her India commerce in the
European market.
As an additional fecutity and foundation for the
Capital, it is further propofed that the public right,
or right of the Crown, be telinquithed in and over
all that part of the Continent of America, fituated
upon the weflern fide, and fronting the Pacific Ocean,
from the confines of Canada ; the laid rights and pro.
perty in the land to be conveyed to the new Com-
pany, as well the property or prefumptive right to
all the iflands in the South Sea, which belong, or
may belong, in fovereignty to the Crown of Great
Britain.

In order to Ramp with the greaten poflible value
thefe lands and territories, and with the leaß delay,
and thereby to create commerce, the fyflem of colo
nization to be carried to a fuitable extent, not by
founding future empires with convias (an unworthy
and difgraceful proceeding), but by young and pro-
per fettlers from the belt part of the parent flock, a
fufficient number of whom would annually volunteer
thernfelves as fettlers, and might gradually be ac-
cepted without any lots to the parent Rock. The
projed only to be undertaken, upon the principle
that each colony (hould obtain a ceffion of its inde-
pendence, as loon as it could maintain it, either alone
or in confederacy with fimilar eßablifhments. The
refult aimed at to be the extenfion of the Britifh
name, charafter, and power, to the utmoß limits of
the habitable globe. z. z.

Yellerday American Papers reached us to the 2 ft
ult. They contain no news of importance. No
proceedings had occurred in Congrefs relative to the
difpute with this country, fubfequent to thofe which
we have already ccmmunicated. The mob at Bal
timbre executed, on the 4th ult. their announced
defign of burning in effigy Colonel Bulls, Chief
;twice MARsx•LL, and Mars. BLENNIIIII•ISIT and
MARTIN.

Private letters from Bolton, of the 22d ult. (kern
to anticipate the late Orders of Council relative to
the neutral trade : according to them, the American
Government expedis fome fie& Proclamations from
England to meet the new Decrees of BONAPAILTI.
The Southern Members ave all for peace, which ap-
pears to be the general expeaation of the country.
The following article is of importance, inafmuch
as it (hews that France is very willing at all times,
when the is able, to adopt that mode of condua
which the is fo eager to complain of in any other
nation.

" Bos-ron, Nov. 10—When the Hornet (loop of war went to
L'Orient. we had five French tailors on board, who had been na-
turalifed, and who bad been in our fervice for revers' years. A
French Officer came on board the Hurnet, and feized there men
by force (then under the protedlion of our flag), and carried them
off. Not one word was heard about this outrage."

Yeflerday the LORD MAYOR order the price of
Bread to be railed half an affize, or a penny in the
Peck Loaf, to take place to-morrow ; when the
Q2artern Loaf of Wheaten is to be fold for z rd. and
Houfehold gid.

Da lIRY LANE —The Belle's Stratagem was lall night
pe' for mcd with much felicity and effeel. Mrs. JORD•tI
was very loudly applauded in Letitia Hardy; and
ELLISTUN acquitted himfelf with much charaderiflic
gaiety in Doricourt.

COVENT GARDEN.-.—The New Opera with Mrs.
DICK-NS had a powerful attraelionlall night. The
Blind Bey continues to be ken with new delight.
The Little Auk (Alco Alla of Linnrus) was (hot
Taft week, at Newbuty. It is a very fingular bird,
rarely met with in-land, and is a native of Spitz•
Bergen and Greenland (hence called by authors, im-
properly, Greenland Dove.) The genus is claffed
by Linr,rus between the Mergus and Procellatia.
HATTON GARDEN.—Yefterday 7. nerrilh was
fully committed, for (leafing a quantity ot York-
fitire and Portland (tones from Brunfwick.fquare ;-
116 was y. Woad, for (leafing a parcel of hand glaffes
and a wheelbarrow, the property of Colonel Cart-
wright of liampllead ; and Ann !rood, for robbing
feveral chambers in differcns Inns of Court, of linen, 1
&c.

WORSHIP STRPlST.—Ydierday IV. Smith was fully
corninitted, charged with Ilealing four geefe and two
ducks from the Esti India Dock Tavern, at Poplar;
and Jane Pratt, i.n fulpician of murdering her illegi•
tim-tte clidd, tome weeks fence, in the neighbourhood
of Hackney.
Maw stow-Houst.—Yeflerday the Stewards of a
Benefit Society were brought before (he Lord Mayor
for dilmiffing from their Club an old man who had
been a member 35 years, during which time he had
received no benefit. The difmilfal took place on a
charge, exhibited by an adiflant Reward, that the
defendant had been caught at work while on the box.
On a crofs examination of the member who made the
charge, by the Lord Mayor, his Ilatements were
extremely contr adielr:ry—fn much What the Rewards
expreffed themfelves fatisfied that the charge was not
well founded, and agreed to reinflate the complain-
ant on their books, and pay him all deficiencies.

LAW INTELLIGENCE.

COURT OF THE SHERIFF Oi MIDDLESEX, DEC. ta.

CRIM. CON.
EARL OF ELGIN V. FEn.GI:SSON.

Mr. GAR ROW, in addreffing the Jury in this cafe,
defer ibe4 it as one of the molt melancholy of the
kind which had ever come beorre a Jury. The
plaito hi was the heir and reprefentative of an ancient
and honourable family. equally dillinguithed for its
tritons as for its other qualities. In Maids, t 790,
he married a lady, then at years of age, there being
no disparity between them. 1 lie marriage met with
the entire approbation of the lady's friends, and every
thing promifed the utruoll domettic felicity. ;:o
much was the plaintiff inclined, by every means in
his power, to promote this defi,ahle objet!, and to
much was be triached to domeltic felicity, that he
offered to abandon a diplomatic fituation of high
troll and confidence, and to remain at home, for its
more complete and uninterrupted attainment. This
was refilled on the part r f his lady and her friends.
The plaintiff and his lady accordingly went to Con-
llantinople, where they (pent three years, during
which time they were an example to all around
them, not only of domeflic felicity, but of every thing
that was amiable and praife worthy, and ferved, in
twa, as patterns of what an Engliih family might be
fuppofed to be in the belt of times. While other
women of tantion indulged in card parties and mutic
parties on a Survlay, the plaintiff and his lady had
divine fervice performed by their Chaplain ; and,
z•s children of the marriage were produced, they
found All that they ,fought for of happinefs. After
a refidence of three years at Conftantinople, having
then two children, they fent them home by Italy, and
the:nfelves went to France, where, in breach of all
the rights of hofpitality, not only every private indi•
victual, but even this Reprdentative r f his Majelly,
was placed in a Rate of imprifonmenr. The defen-
dant, Mr. Fergult in, was one of the fubjeds of this
country who were deprived of their liberty in this
manner, and, like every other gentleman of any
rank or reipeetability in this unfortunate fituation,
was well received by the Earl of Elgin, who treated
him with thelmore attention from the circumliance of
his being a fon of a near neighbour and friend. The
plaintiff being obliged to rennve to Bareges on ac-
count of bad health, his lady remained behind bins
at Paris, where ate conduded her felt in the molt me-
ritorious
to procure her hufband's liboty, to which effea The
procured the promife of Talleyrand that he should
be exchanged for General Bo.v)er. In March, 1804,
another child was bornito the plaintiff and his wife, to
which the was herfelf the nurfe, and their happinels
Teemed even to have experienced an increafe. The
Defendant, about this time, obtained his paliport to
return into his own country, and the plaintiff, teeing
little profpeet of being fpeedily liberated, while Ir,
had important bufinefs to arrange at home, both of a
public and private nature, enti ufled the defendant
as confidential agent, to manage it for him ; begging
of him even to become the guardian of his children.
Some time after this, Lady Elgin being again preg-
nant, and in an ill Hate of health, it became an im-
perious duty in the plaintiff, to endeavour to procure
a pall-port for her, which was at length effected, and
the returned to this country. Initead of going to
the bogie of her refpeded father, (he retired to a
houfe in Baker-flreet, where it appeared the had
been vifited by the defendant, who eafily procured
accefs to her as the confidential friend of her hulband,
and as one who teemed to interest himfelf much in
his affairs. Judgment had teen fuffered by the de.
fendant to Rte by default. It was, therefore, the
with of the Learned Counfel to reprefs, not to in-
dulge, in animadverlions on the dininguifhing features
of the cafe. He was far from wifhing to wound the
feelings of, the lady, who had fo unfortunately
twerved from her duty ; hill more averfe was he
from the molt diflant idea of adding to the afflidions
of her worthy parents ; and fo far as the defendant'
himfelf was concerned, he did not with even to ag-
gravate his punifhment and feelings. Juflice tcrthe
plaintiff, however, compelled him to Rate his cafe.
—The Defendant, as the intimate friend of the Plain•
tiff, had gained eafy accefs to the pretence ()Ibis
wife. Under pretenerof having beer fometimes with
Mr Fox, fometimes with Lord Grenville, with Sir
Jofeph Bankes, or other eminent and literary men,
who were fuppofed to have influence with the Firit
Conful of France, with, all of whom he was con-
certing meafures for the liberation of her bufband,
the Defendant was received by the Plaintiff's wife in
a manner different from the reception which was to
have been expected by any other perfon ; and hr. had
availed himfelf of this favoured fir nation to gain poll
feffionuf her affections and of her pet fon. To prove the •
great affection in which the Plaintiff was held by his
wife, previuufly to her quitting France, and alto on
her arrival in England, the Learned Counfel proceed-
ed to read a great many letters from her to the Plain-
tiff, expreffive of her determination to bear any
hardfhips with fortitude if he was to partake of them,
and affuring him that her chief anxiety confined in
his fafety. For the change in her fentiments, though
the Plaintiff was then ignorant of the extent of the
injury he had (Whined, or the perfun by whom it
had been occafioned, the Learned Counfel referred
to a letter from the Countefs of Elgin to her hut.
band, fhnrtly after the had taken
,tip her refidence
in Bakerffreet, in which the expreffes herfelf in a
Rile very different from that the had been accullom-
ed to ufe. The Plaintiff having procured his libe-
ration, and arrived in this country, after bellowing
a fortnight in fettling his public and private concerns
in London, went to Scotland, where his lady was
then refiding. Shortly after his arrival, a letter was
put into his hand, put up and fealed in a vulgar
manner, with the addrefs, apparently in the hand-
writing of an illiterate woman—" Mi Lady llght.'o—
breaking open the envelope, the feat of the inclo-
lure alto gave way, and on looking into the letter,
the Plaintiff found it to come from the Defendant,
and to be conceived in fuch impaffioned term., as
clearly to demonfirate if a criminal intercourfe had
not already taken place, that lit lealt great advances
had been made towards it. The terms of the letter
were (itch, the Learned Counfel conceived, as clearly
to fhew, with all the paffion that burll through, that
the Defendant was well aware of the charaeter of the•
perfon with whom he had to ad, was one into whom
the bell principles had been inflilled, and with whom
I his fiat objea mutt be to undermine the ban ier which

t%trofed bis fucce(, not to endeavour to take the
rtrefs by flmm. The Learned Counfel then pro-
ceeded to read extraas from the letters alluded to,
swhich had fallen into the Plaintiff's hands. In a
letter of dee 17:h of December, dated from Stilton,
on hi. wry to London, Oe lays—" It was here that,
on the tot% of March, I nearly fell on the floor—here
I got a letter from my Mary, telling me fire could
love me no more. But here lam again with a full
convietion of her unalterable love—here I am e e i ;ht
ed with my future prolpeCts, and fruit we Ihait ever
enjoy that feel which mutual love could only impart.
That friend, to whom I communicated your former
letter, then piti:d me from the bottom of his heart,
but he will now exult." He concludes with tittle
expreflions—o Never two hearts loved fo true as roars,
f..r ever, and far ever, and for ever !" The friend here
alluded to was a perf at in a c nliderable ullici rl li ue-
tion, and who had been under great obligations to
Lord Elgin. It appeared that he had 'united
his pions labours with the Defendant in fubduing
the virtue r f Lady Elvin. There letters breathed the
moll romantic and entlatfiallic exprellions of love,
but in Itch a drain a., while our limits prevent us
from giving place to them, could rut amide or in-
firm'l our readers. Af!er accompanying the recital
Of them, with a number of judicious remarks on the
folly, extravagance, and impropriety of filch pro-
duainns, the Learned Counfel .laid—all that the
Plaitoiff demandei was jullice. He thuuld bring
retfona of refpeetability, who had witneffed the con-
do-1 of Lord and Lady Elgin, both in this and in
foreign countt ies, to prove that they were patterns
of every thing that was excellent. The damaato
laid in this record were 20.c001. Was that firm too
mirth for what the olaintiff had 101 l ? If any man had
offered him that fum twenty times, or even 20,000
times told over, he would have difdained it, it to he
effeemed the purchale of having his confidence in his
wife thaken, even for a moment! The Jury were called
cn to puniest the feducer. 1 he law laid, that for filch
an offence, there was no neceflity for penalties or
cerneral purilliment. No puntlhment, no penaliy
which a ttatute toieht provide, timid be equal to
fneh an offence. Leave it to the cognizance of a
Torv—they would diffidently (Courge the offender.
11, not let its ftippole leduCtion fa thriving a plant
in Great Btitain that it fhould be allowed. to (boot in
o flute: of the verdiels of enlightened Juries. The
prof nt Cl. ineellor of die Exchequer had once intro.
daced a bill to thisteffeet, conceiving this to be•a
gooeilig evil, retul,ing from the inattention to their
dirties on the fide of the married part of the commu•
pity, and from the habits of that other part of man-
kind who were contlantly gnieg about for the purpofe
of feting whom they might devour. The generality
of men, however, were againfl any inch law, being
of opinion that there was no need for it, but that the
moll eft-canal check to fuch praelices would be
found in the good fenfe of Juries. Here there
was a breath of ft iendlhip—a breach of hofpitality,
two eircornll toees which were never urged without
efftoo The plaintiff was of exalted rank, impri-
toted by an arbitrary powen, from whom his wife
had feparated with a bleeding heart. The Defen-
dant was a gentleman of relpeftability, heir to a
confiderable came, and who, from the confidential
relation hr which he flood with the Plaintiff's hol-
t, tnd, had the greater accefs to her prefenee, and
additional facilities to effectuate his purpofe.
Mr. Hamitten, the Private Secretary of Lord
Elgin, depofed, that he failed with his Lord(hip upon
his embalfy, upon the 3d of September, 1799, and
that he continued with him at Conflantinople for a
year, during which time he lived with him and Lady
Elgin, and alto accompanied them to Sicily. put.
ing that time he had an opprrtunity of obi-dying
their demeanour, as man and wife. Lord Elgin, in
his opinion, conduCled himfelf as one of the moll
affeCtionate and tender hulbands he had ever heard
ot, and her Lads (hip as the molt tender and dutiful
f wives. There was a chaplain attached to the
embaffy, and prayers were attended every Sunday by
the whole family, with the greaten regularity. Lady
Elgin appeared to take a lively interell in every thing
teat concerned his Lordfhip,either of a public or a pi-
vete nature : her condua durirg an indifpofition of
her bulb Ind, was molt attentive and affeetiorate ;
and, upon the whole, the condueled herfelf like a
woman educated in virtuous principles.
John Mourier depofed, that he alto accompanied
Lord Elgin :o Conllantinople in ;799,as his Private
Secretary. Although he was oceafienally abfent with
ttifoatches, he had va:ious opportunities ofolererving
their condtiet as man :Ord v ife, having lived in the
Lane bottle with them. He (Lord Elgin) cc-eluded
hinifelf as a molt affeifionate hufband; and Lady
L' as an affalionate wife and a tender parent.
Flo Charles Stirling Paid, that lee became ac-
. qtrainted with his Lordlhi; and Lady Elgin in May,
1803 ; that he never few any realon to doubt of
:beer rouirral happinefs, and that there appeared the
n 011 peered reciprocal love and refped between
diem.
Captain fondly, who commanded the Narciffus,
laid, that Lord and Lady Elgin failed on board his
firip in the year 1803, from Athens to the Grecian
ill .r-'. He was generally in the cabin with them,
pod nhferved to lubliit between them the moil affec-
tionate inter comic.
Mrs. Jane Lind laid, that in 1803 and ISois, Ile
as at Bareges with Lord and Lady Elgin, and that
eir ceocinet to each other was at all tunes metito-
r kris and exemplary.
General Murray deenfed, that he paired the winter
v ill Lord and Lady Elgin, in 1831 and 1802 ;. that
his Lordlhip was ill, and his Lady (hewed extreme
anxiety -for his recovery, and paid him the greaten
potlible attention.
Mr. Charles Duff had long been in the employ of
Lord Elgin, and had accompanied them to Cenflan-
tineple, eccafionally coming to this country with
difpatches. He never law a happier couple in his
lie, nor perfons who conduCted thenotelves with
greater propriety. The child that died abroad was
embalmed by Lord Elgin, and fent home to be in.
terred in the family vault, at Dunfermline, and Mr.
Ferguffon attended the funeral,in the abfence of Lord
telgin. Mr. ferguilen feemed, upon all occafions, to
he much interetted in Lord Elgin's affairs, in every
refpe6l, and acted apparently for Lord Elgin's bene
fit. Mr. Ferpriffon's family mate was in the neigh.
bourhond of Lord Elgin. •
• Mr. GAR/P.OW here propnfed to call a witnefs to
prove the nand-4.14:m of the defendant, but the

enunfel for MrFergniTon admitted the hand-writing,
and agreed that it would be unneeetrary to read any
more of the letters.

Robert Draper Rated, that he lived as fervant with
Lady Elgin, at N 0.60, B dcer-fteeet, Portman fquaie,
in 041ober zBog, and left her the 28th of April,
tBc6. During that period Mr. Ferguff vilits
were very frequent, and at hours both earlier and
later than thole of other gentlemen ; he liming, that
he had hulinefs of Lord Elgin's to tranfaet with her,
and giving and receiving letters to take to Mr. C.,utt.
the banker. The defendant ufed to exprefs !peat
anxiety for Lord Elgin's return from his imprifon-
mint in France.

Air Hay Donaldfon, a Writer to the Signet, from
Edinburgh, produced a certified copy of the entailed
eltate called Raith, of the Defendant's father. This
elate was &jelly entailed upon the fon after the
death of the father, without divilion. 'He always
confidered it as a very valuable ellate, but knew
nothing ( f its real value of his own knowledge.—
There were tiria claufes prohibiting any alienation
or creating incumbrances. There were fame clanfes
burdening it with certain debts. The defendant's
father was a hale Rout old man. He c' uld not take
upon him to fay, that this eßate produced 20,0001.
a year.—Here the Plaintiff's cafe clofed.
Mr. T( PPING, for Mr. Fergriflon, regretted that it
had fallen to his lot, who had fo little practice in cafes
of this kind, to appear for the unfortunate Defendant
in this cafe. Unfortunate, he agreed with the
Learned Counfel for the Plaintiff, in regarding him.'
and melancholy, he Alfa agreed, in confidering this
C:11i, as melancholy mull be any cafe where a temp.
tati, it was presented to a young man which he wa‘
unable to refill. He could not but thank the Learned
C-unfel on the other tide, for the manner in which
he had treated this cafe. He did not mean to com-
pliment him as if he had compromifed the interell of
his client ; but he 'id fo, confcious that he had
Rated it to the utmoll of his great ability, and he
knew that the Learned-Ccumfel had greater praCtice,
tilt in cafes like the prefent alone, but in every
ohcr Species of bullnefs, than any other petfon now
at the Dar. He (Mr. Topping) ur f Irtunately for
his client, was not in this lunation ; and, Wide:,
from the great acutenefs of the Learned Countel on
the other fide, he was not only enabled to place his
own cafe in the flrongell point of view, but et ea to
anticipate the cafe of his opp( nest.
He Should proceed to make the very few obferva
tiaras which it teemed neceffiry for him to offer in
this cafe, and though he fluarl..l do f ) br idly, yet he
willed what he Should fay would enter forcibly into
their minds. It appeared from the evidence, that
the plaintiff, in March 1779, married the lady
whofe unfortunate failure from propriety bad given
cattle to the prefent altion. They fhortly after their
marriage went to Conflantinople, and the Noble
Lord's miffictit there being finifhed, they came to
Paris in the year tBO3. The unfortunate defendant
was then alb° at Pat is. It did not appear in evi
dente that he had then any acquaintance, or even
knowledge of Lord Elgin. On looking at the dates,
fo far as refpetled Paris, it would be Peen, that the
plaintiff and his wife came to Paris in May 1803.
In July, his infirmities required him to go to Bareges
for his health, fo it was only during a period
of two months that the defendant had known Lord

Elgin. It was not in evidence that the defendant I
had ever been in the plaintiff's houfe, or partaken
of his hofpitalities ; and it was not even infinuated
that any thing improper had taken place at Paris.
The blamed Counfel felt, and he knew that his
client felt ats fevercly as any perfnn could feel ors
loch an occalion, from his not having been able to
refill the farcinating charms of this lady. He regret- i
ted the circumaances to which it had led, not on his I
own account al,sne, but alfo on account of the other 1
parties interefled. The Learned Counfel thought, I
however, the defendant might take credit to himfelf'
from the fsdl of his not having courted opportuni-
ties
of feeing the lady. He came to England, and I
his (hurt:ion was this, that from the ye.,r ISo3 to
180 g, he never put himfelf in the way of tollowing
up the acqn.,intance. In the year 18os fhe cP-nes 1
to England unattended. The defendant unfortu-
nately introduces himfelf, and continues to vii her I
till April 1806, when lie leaves England. Thej
plaintiff loon after arrived is this country. The de-
tendant had admitted the criminal aft, and the thing
imputed to him mutt clearly have reference to Tome
occurrence between a period of the lady's coming
to England and April 18c5. It was mot alledged
that there had any thing criminal taken place lince
the period of the plaintiff's arrival; indeed, it had
not been attempted to be (hewn that the lady and the
defendant had, fence gnat period, been in company .
together. This young gentlen.,..l, the defendant in ,
the prefent cafe, unfortunately introduced during
the abfenee of the hufband, fell under circumflan. ,
ces which it would have required a man of firmnefs .
to have withflond. The Learned Counfel did not
(land there to vindicate his client's conduift, tut by, .
his command to exprefs his regret for his o,:n cop- I
dttel, and for the dillrefs in which he had involved
the other patties concerned. He fecmcd at the time i
Pr) have 101 l his fenfes. No man, wince the fir.l pub-
lication of novels, had read fuck a farrago as the
Learned Cnuafel admitted the letters of tne defen-
i dant to be. It was love run mad. He had taken into 1
1 his head, that having once been connected with the
lady, their loves mull be indiffoluble, and muff 'art I
1 for ever. But where was the defendant all the time 1
he was writing thefe letters ? He was not carrying 1
on the adultery, but at a dillance from the lady, it
being acknowledged that the letters had been irter.
Icepted by the hufband. So much for the letters.
The jury would, in thefe circum(lances look at the
record, and fee what damages they would give.—
The Learned Conniel for the plaintiff had faid that
it was the duty of the Jury to fcourge the defendant.
He denied that to be :ither their duty or their pro.
vince. He denied that an Englith Jury was to
fcourge any defendant. They were called on to give
a civil compenfation for a civil injury. They were
to take into confideration the rank on the one fide,
and the ability on the other. The language
of the law of England was, that a Jury was not to
give vindlaive damages. A far higher authority,
even Coo Millet', had faid, that vengeance belonged
to him. It was for the Jury to give compenfation
only. One thing which had fallen from the leaped
Counfel for the Plaintiff, he conferred furprized him
—that it was not' the objeit of the Noble Lord, to
recompense himfelf by exceflive damages, but to

have junice done him. Had there been any wifh to
deprive him ofjullice ? Had there- been even an at-
tempt on the part of the D.fendant's Counfel to im-
, peach the condliel•of the Noble Lutd. He appealed
' to the Jury, as gentlemen and men t f honour, wily
if there had. He (Mr. Topping) believed the Plain-
tiff to be an honourable man—his client intirueled
him to for he was fn. He had acted propeey to-
wards his wife, and the had behaved in a correfpond-
irg manner, till the was w.f. niunately left unprotec-
ted. Had the Noble Lord then not had inflict done
I him ? Yes, he had. The Learned Courkl on the
ot'ier fide feemed to dint-A from t'-h. Was it in
tended to be undernood that the Plaintiff ssiflied to
make a metchandite of this ? The Learned Countel
was convinced he did not, and that jtillice to his ch. -
raner was all he alked, and this the Learned Coun-
fel had dine him. The declaration on the part of
the Coot.fel for the Piaintiff, that all he afked was
junice, he (tlr. Topping) had laid, furprifed him,
and this was his reafrn for living fo—the Learned
Cotinfel immediately after referred to the damages
being laid at 20,0001. and laid, he tinned the Jury
would give every farthing of that fain. What con-
tinency was there in this ? The Learned Counfel,on
the other fide, he lanceted, hid unfortunately affo
ci tied with this idea, the other ablord one,
that it was the province of a Jut y to Iceurge a De-
fendant. Their province, however, was to of ac
Jurors, not as Judger. If they would inquire of
thnfe twelve Sages to whom the adntinittration of
janiee in this country was to defervedly committed,
they would inform them, that there was no pact of
the Judicial futtelion In difagreeable as that of inflic-
ting ptiriflt,ncnt. A Jot y had nothieg to do with
this. They were not to punilh, but to give compen•
faiion. The Learned Counfel had alto t alked cf an
Aft of Parliament on this fubjeet having been
brought forward by the prefent Chancellor of the
Exchequer. Whenever the Legiflature fhotild pats'
an Att of that kind, it would be time enough to con-
fider what the edict of it would be. He ironed he
never would fee that day in which Juries were in be
made parties in the inflielicin of punilltment, and in
which civil wrongs were to be converted into •pu-
:liniments. There was only one remaining topic on
which he begged to fay a few words, namely, as to
the foliation of the Defendant. He was a young
gentleman entirely dependant on his father for pre-
fent fopport. He was not an only fon—his father
was a likely to live as many years as the Defendant
was. If the Defendant died before his father he
would never have a farthing ; and even fuppoling
hint to tucceed to his father's ellate, he would only
be in the fituation of a tenant for life, fubjet to the
burden of provifinns to the widow and younger chil-
dren, and without any power himfelf to burden the
estate to the extent of one (billing
The Learned Conniel concluded by again Rating,
that he was not ianrueled to offer any jullificatitin
on the part of the Defendant, whole unfortunate
fituation he committed to the hands of. the Jury.
trolling that, though hound to give cornpenfation to
the Plaintiff, they would temper their judgment with
mercy.
Mr. BURCHALL, who prefided as Under Sheriff,
called the attention of the Jury to the importance of
this cafe, which, he obferved, involved within it a
charge of injury, almost the greaten which one man,
could inflict upan another. Ile having thus invited',
their attention. proceeded to turn up the evidence,
which he did in a clear and Mecinel manner, leaving
the obfervations upon each particular perfoll'a telli•
mony to the Jury themfelves. This done, he dicer.
ved, that in all aelions of this defeription, the firti
talk of the plaintiff was to make out his title to a
claim, and to thew that loch claim was well foun-
ded ; in this cafe that appears to be done ; am) how
ever eloquently or well the defendant or his Counfel
may 'Peak, yet if they call no evidence in mitiga-
tion of the damages claimed, it -then remained. for
the Jury to fay whether all, or how much of the Mtn
claimed, from the citcuroltanees of the cafe, ought
to be giv. n. He certainly agreed with the learned
Counfel for the d2fendant, that the law in civil cafes
was not to be converted into a Icourge. Juries, in
cafes of this defcriptiore would ael with caution, de-
liberately cnnfideting what should be (as far as it
ceuld be) a pnnilhment for the offence in a peon-
Liary way, and wha. ought to be that fatisfat'tion
which violated morality called upon them to affets
for an atonement to offended fociety. In this too
they would be well guided, and indeed governed by
the rank of the parties. He was hilly pet loaded that
the verdiel of to refpeetable a jury would be Inch as
t mull afford public gratification. They would con-
fider the whole the evidence as laid before them,
and he was convinced that they would exercife a
doe and honourable difctetion. It was their talk
to edge the amount which the defendant caught
to pay, and with them he fhnuld leave the cafe alto-
gether, adding, that at the time the criminal inter.
cou.fe was fuppofed to have commericzd, the defen-
&tit was about 27 years old, and the lady about 2t.
The Jury retired for a few minutes, and returned
with a verdiel for the plaintiff—DaMages to,cool.