Star.
London, England, 1815-12-02 00:00:00

and Sir William at once set off to town.

_ • -

Cron-examined by Mr. BROVGItAhI.
This witness had conversed watt the plaintiff' about
this affair—he never heard him speak of Lord C.
Beniinck's circumsances, but heard him pity Lady
A.'s fate for being doomed to live with him.
Re examined by Mr. RicirannsoN.
He heard that the defendant was a wid,iwer with
an inftnt slaughter, but never met him at Sir Wm.
Abd 's table.

Mr;. Charlotte Caldwell, examined 41 Mr. Tore's°.
This witness knew the plaintiff and his wife soon
after their marriage—she had had frequent inter-
com se ssith them at their own house, and often met
them in other societies. They appeared to her to
live s-cry affectionate as man and wife. She could nut
positively say whether the Lady returned the affec-
tion, but she appeared at least to do so ; had she
any other reason to think otherwise up to the time of
the elopement.
Robert Parnther, Esq. examined 4y Mr. RICH A ansosi.
This witness was lc:foully a barrister; for the last
seven years he was in the habit of familiar into course
with the plaintiff and his wife, who appeared to live
particularly happy together. Lady Abdy's health
requirr,d the constant exercise of walking, and Sir
Willies used to constantly return home fur the pur-
poielasf accompanying her. He did so up to the
tit* of the elopement.
Cress-examined ay Mr. BROUGHAM.
lie saw Sir William since this affair, and their
conversation upon the subject was interrupted by the
entrance of Mrs. Parnther. Never heard the plain-
tiff speak of Lord Bentinck's circumstances%
Peter Fulguoux examined by Mr. TOPPING.
He is a foreigner, and has lived for three years as
butler in the plaintiff's family. Knew Lord C. Ben-
tinck very well. The defendant first visited the fa-
mily, to his knowledge, in March, 1814; he was
then a widower, and used to dine there. He occa-
sionally saw Lady Abdy, but Sir William seldom ;
is was for her Ladyship that lie always inquired. The
family returned from Paris in the spring of the pre-
sent year ; Lord Charles then called as before, and
dined once or twice with Sir William and the Lady.
On Saturday, the 2d of September last, at eight
o'clock in the morning, Sir William went into the
country to his brother-in-law's, on a shooting
-party.
About one o'clock upon that day the defendant called
on Lady Abdy, with whom he remained two hours,
but did not stop to dinner. On Monday he repeated
his visit about the same time, and rode out on horse-
back with her Ladyship. He did not stop to dinner,
but came in the evening to tea, and remained alone
with Lady Abdy until ten o'clock at night. On
Tuesday he came again at one o'clock, and staid a
quarter of an hour. Soon after lie went away this
witness saw her Ladyship at luncheon time, but never
saw her after. The defendant's little girl was occa-
sionally introduced at the house.
Richard Griffiths examined by Mr. RICHARDSON.
He was fur fourteen or fifteen months a footman
in the plaintiff's family, and was with them in Paris,
where they staid from August, 1814, to Mardi of
this year. Just before Christmas Lord C. Bentinck
visited and often dined with them at Paris. On their
return in March he resumed his usual visits. This
witness left the place soon after.
Thos. Jenkins examined by Mr. TOPPING.
He succeeded the former footman in April, and
found the defendant an occasional visitor. About
two o'clock on Tuesday, the day of Lady Abdy's
elopement, this witness saw her Ladyship cross the
Hall, pass out through tke street door, and slap it
after her. She had a little dog under her arm, she
ran down Unictn-street, got into a gig which was
waiting there, and instantly drove off. This witness
saw her Ladyship since. He went with a person of
the name of Craig, to Croome's Hill, to see if the'
parties living there were Lady Abdy and Lord C.
Bentinck. This was on the 25th of last September.
He then saw Lord Charles come out of the house,
put something into a gig at the door, return in again,
and come out with Lady Aledy, who then drove off
in- the gig with him. He saw them return about two,
hours afterwards ; they alighted and walked for half'
an hour together in Greenwich Park. This witness
added, that on the Tuesday when Sir William left
sown, her Ladyahip sent him with a note to Lord
C. Bentinck.
Samuel Teulon examined ly Air. Toilette°.
He is a house-agent at Greenwich. He let a tur-
nstile' house at Croome's Hill to Lord Charles Ben-
tinck on the 20th of July last. This was not occupied
until the sth of September. Witness never saw any
body with the parties; the name in which the house
was taken was, Charles Browne, Esq. On the 24th
of November they quitted the house, and Lord
Charles then paid the rent (15 guineas a-week) in his
own name, by a cheque for £52 on his bankers,
Messrs. Snow and Co. of Temple-bar.
S.O ah Weston examined Ay 'Mr. TOPPING.
She lived in the house at Croome's Hill, and was
present when it was Ist in July. About a quarter
before five o'clock on the sth of September, the pos-
s-rsbion was taken by a Lady and Gentleman, under
the name of Mr. and Mrs. Browne, who lived toge-
ther, as far as this witness knew, as man and wife.
They went away also by the same name. During
their residence at Greenwich, they saw, no company.
Edward. Wilson examined by Mr. Rteuannson.
This witness is a Clerk at Messrs. Snow and Co.
the bankers', where Lord C. Bentinck kept cash. He
came for the purpose of producing the check which
was paid away at Greenwich. He had paid other
cheques for him,' add knew his signature.
The amatory epistles were here shewn to this wit-
ness, who belieyed them to be Lord Charles's writ.
ing, from comparing it with the hand-viriting in the
cheque. He added, that he depended mostly upon
the signature' when he formed his opinion. Those
Utters being without that, he had not a certain mode

of guessing. In the course of the last three years be
bad pid many cheques of his Lordship's, and bc4
sieved the letters to he his hand.writing.

Cross-eaamined by Mr. PritOUGHAftf.
The ground of his opinion as to the writing, was
from the similarity of the hands. If he saw the let-
ters, without at the same time seeing the cheque, he

could not swear to the identity.
Mr. Baonotema here took an objection to this proof
of the hateel.writing, which, he contended, was imper-
fect, it Wig merely drawn from comparison.
The COURT, after hearing Mr. Topping in reply,
overruled this objection, and proceeded to read the
pas-sages precisely as they were delivered by Mr. rop-
ping in his speech.
Here the case for the plaintiff closed.
Mr. BROUGHAM began his defence by stating, that
independently of the very great disparity which exis-
ted between his Learned Friend and himself upon all
occasions, he laboured under a peculiar inferiority on
the present one, because he was absolutely prohibited
by especial and peremptory instructions from using
any of those topics which generally lie open to him
who stands up as Counsel tor the defendant in such
cases. Without the power of consulting his own
judgment, his hands were tied up from producing
any witnesses, from reading any letters, or from ur-
ging any arguments which might by possibility give
pain to the plaintiff: he was not allowed to descend
into the recesses of Sir W. Abdy's house—to lilt the
-veil of his domestic life—to follow him out of the

drawing-room and the assembly to his more private
hours—to relate any circumstances which might in-
dicate congenial tempers, different talents, habits,
and pursuits,. different casts of mind, and all that in-
finite variety of diTsities which lay the f eineatien,
if not of disgust, at least of coldaess end eversien -in
the matriee state. From all these tori:s he was pre-
hibited, and he therefore had to de«:.nd auto the h.y1.1
to encounter the Whole strength and skill of his Le3r-
fled Friend, with his %iglu arm tied up as it were.
Nevertheless, he should a ust to the good sense and
sad judgment of the Jury, and weuld earnestly re.
commend to their atteetien the wholesome and im-
portent remark of his Leafed Friend, that they were
not to balance speeches, but facts; that they were not
to be iiifluenced by what might be said either on
one side or the other, but only by what should be
proved i'. evidence. He must confess he had been
much amused by the. way in which Ins Learned
Friend had opened the case, not from any novelty of
manner which he displayed. but because it was so
exactly like the way in which all inch cases were une•
fornily begun. He had repeatedly seen the same
course pursued, and he hadls repeatedly seen it fail,
except where it was afterwards borne out by the evi-
dence adduced. The present case, they were told,
was nut merely an aggravated one, but it engrossed
every possible species of aggravation and enormity
which could belong to a transaction of the kind ;
his Learned Friend had declared that the plaintiff
was entitled to as large a compensation for damages
as had ever been awarded, for the guilt of the defen-
dant transcended in profligacy and wickedness any
case at which he had ever assisted, or of which he
had ever heard. No doubt, after such an exordiutu
the Jury expected to hear a variety of atrocious cir-
cumstances enumerated, for which they now looked to
the evidence in vain ; at all events, they must have ex-
pected to hear that the defend ant was the bosom friend
of the plaintiff, that he had been introduced by him
to h:= wile, and that he had taken advantage of th'et
inteiouctien to undermine the happiness of his friend;
but it was no inch thing : even his Learned Friend
was forced to admit that no friendship subsisted be.
tween the parties ; that he was not introduced by the
husband to the acquaintance of the wife ; that there
WAS no confidence reposed in him ; that therefore he
betrayed none; and that in fact whatever criminality
attached to the transaction, the defendant was not
guilty of seducing the wife of his friend. All that
was admitted ; and it had all been substantiated by the
witnesses called in support of the prosecution. It
appeared from these witnesses that there was but a
very slight intimacy between the plaintiff and defen-
dant; that the latter had dined with Sir W. Abdy
only once before his going to Paris, and once or twice
since his return ; so much for the friendship between
the parties, which always constituted one of the
most material circumstances in estimating the de.
gree of offence in cases of this description.—
There was another point also which should not he
overlooked. They had heard the case described as
one which" demanded the largest compensation for
damages that could be given ; and, of course, they
must have anticipated that some part of the defen-
dant's profligacy consisted in having, by the seduc-
tion of a married woman, bereaved an infant family
of the protection and comfort of their mother ; but
he was sure there was not one who heard him who
MA not felt him surprised and relieved by finding!
that the plaintiff had had no children by his wife.—
In. what then, did the aggravations consist .? There.
was no doubt, from the evidence which had been
given, that Sir William and Lady Abdy were living
together, at least in the presence of their friends, as
married people usually appear to live—no jarring, no
discord, no quarrels ; but he could not help remark-
ing, that he had often heard, in aggravated cases of
'eduction, testimonies brought forward in support of
a different sort of connubial happiness ; as it was ma-
terial for the Jury to have that matter distinctly be-i
fore them, when they were called upon to assess da-
mages in compensation for the happiness that was de-
stroyed. For example, in a former melancholy case,
which was tried in that Court about a twelvemonth
since (the case of Lady Roseberry) not merely those
individuals were called upon who visited in the fa-
' mily of the plaintiff, and who were his friendi—but
the friends of both husband and wife were brought
forward, as well as the blood relations of both ;
persons also who possessed the confidence of the
wife, and to whom she was likely to have entrusted
her sorrows,heediegusts,her coldnesses, her disparities,
if she had any. • t Seth were the persons that were then
called in as evidenee—but no ouch persons now ap-
peared before them, to testify the connubial felicity
that was mutually enjoyed by Sir William and Lady
Abdy before the defendant robbed him of her an-
ctety. No relations of Lady Abdy had been called ;
no brother, no sister ; not one branch of that illus-
trious family with which she was unfortunately con-
nected, though, as was well knowu, all her relations
were living. But the servants of the plaintiff were'
called ; and, indeed, he then began to think that
some conclusive evidence would come out, botanic

servants were a class of people who, among their.
°this very valuable qualities, generally had their
eyes about them, and always knew a great deal respec.
clog the private transactions of their masters and
mistresses. He thought, therefore, they would cer-
tainly have a more minute description from them of
that extraordinary felicity which seas now destroyed
by the defendant ; but his Learned Friend bad taken
cure not to ask a single question of any one of those
domestics, melting that connubial happines, to assess
damages for the interruption of which was the pre.
cise acid exclusive object for which the Jury were as.
sentlried. In default, then, of all these circumstances
of agaravation to which he had alluded, his Learned
Friend had been obliged to bring forward and make
the best of others, which had no connection what-
ever with the amount of damages to be assessed,
such as hiring a furnished house at Gr...enwich,
though he protested he could not see how that either
aggravated nr mitigated the offence, passing under
the name of Mr. Browne, &c, &c. But lie would
put it to them, as men of common sense, how those
tranactioas could at all affect Sir W. Ahdy, how
*ern' tie his misery, or how augment his misfor-
tune ? le would even go so far as to affirm, that in
&snug their verdict they ought to lay entirely out of
the account the conduct of Lord C. Bentinck both be-
an..l .&er the commission of the offence, for the
effetce alone was what they had to consider. 1-le
was di.pased, also, to say almost as mute of the let.
tors that had been read, (or c rses of that kind were
never got tip without the introduction of such h
elti.ei by the carelessness of the parties, genei ally fell
into the possession of the husband, and so by to the
solicitor, who, seldom having any other kind of revi-
denct, was sure to bring them forward. But be
could not help advetting to the inutility of at-
taclii-ig any degree of importance to the folly
which is usually contained in those amatory effusions,
as if every man did not know that whoever is in love
must write nonsense, or in the language of the old
proverb, that to love and to be wise at the same time,
was an utter impossibility. NVhat, for eiemole, could
be elicited from the trash contained in the present
letters, hum beginning to end, except that Lord C
Bentinck was desperately in love with Lady Abdy.
He would tlefy his Learned Friend to make any thing
else out of them, by any ingenuity of comment
which he could exercise. But his Learned Friend
appeared never to have been in love; or, at least, he
had no sort of compassion for those who were. lie
had tad them that when a man arrived at the extra-
ordinary age of 32, the " heyday of the blood was
tame, and waited upoti the judgment;"—ell was
calm and tranquil then; love, if felt at all, was felt
without any turbulence or warmth ; no unruly pas-
sions boil in the veins of a man who was 32 ; and that
excuse which might be pleaded in extenuation at an
earlier age, could never be urged in behalf of a man
at thirty-two. How his Learned Friend contrived to
strike upon the precise time when that change took
pace, he had not ventured to disclose ; but it was
evident that it most be somewhere between twenty-
seven and thirty-two, for Sir W. Abdy was only
twenty-seven when he first saw Lady Abdy, and first
felt the passion of love. At some part of that most
critical period, therefore, a man underwent a miracu-
culoe. change ; according to the doctrine of his iear-
intd friend, love became a sort of cool, quiet, and
I companionable kind of feeling ; it was no longer an
excuse for folly ; it had nothing turbulent or master-
ful about it ; it was pliant and obedient ; it might be
taken up when we had nothing better to do, and pot
down when we Lad ; it was obedient too, it might be
called and dismissed at pleasure; it had no tire or
animation in ;is character ; a sort of glow-worm beat,
a pale, ineffectual, moon-light kind of passion, which
imparted no warmth, and excited no tumult in the
bos.im. Such was his Learned Friend's opinion of
that passion which when ft It for the first time. whe-
ther at the age of 39 or 70, was equally uncontroulable
and equally incompatible with every other feeling;
[which, it it ruled at all, ruled with undivided sway,
which brooked no rival, which absorbed every faculty
of the soul, and bade every other passion be still.—
But his Learned Friend evidently understood nothing
at all about It, and least of all did he comprehend
how love could be a palliation for crime after thirty.
two. He did not mean to urge the vehemence of
passion as its excuse ; that would be a dangerous doc-
, vine indeed ; however a man might be captivated by
the charms of a married woman, he had no right to
attempt the violation of that tie which united her to
her husband ; the same, of course, he would'say to
the wife ; they who found themselves in that calami-
tous condition, were bound by duty to abstain from all
endeavours to gratify their passion ; their lot must be
to suffer in silence ; they must endure, with what
fortitude they could, a degree of torture compared to
which the pins of the body were a state of repose;
he did not therefore mean to vindicate his client ; if
that were his object, he should be speaking in another
place, in order to shew that no damages were sustain-
ed by the plaintiff. But there were degrees of offence,
and whoever did not consider those degrees failed in
performing a duty to Iris neighbour. He trusted,
therefore, that the Jury would not suffer themselves
to be led away by any general descriptions, but that
they would strictly confine themselves in making up a
verdict, to what had been proved by evidence, and to
the peculiar circumstances of the case. The defendant
was only a younger brother, and though an allusion
had been made to the opulence of his family, lie be-
lieved that all who knew the generous character of the
late Duke of Portland, would be aware that a younger
son could not be in very affluent circumstances. It
appeared, indeed, from the testimony of one of the
witnesses, that Sir W. Abdy himself did not consider
him as possessed of great wealth.
The Under-Sheriff then briefly recapitulated the
chief points of the case, and the Jury, after consulting
for about a quarter of an hour, returned a Verdict of
Seven Thouland Pones& Damages.
CONSISTORY COURT, DOCTOR'S COMMONS, Pre. t.
DYOTT V. DYOTT.

This was a suit promoted by General Dyott againt
Eleanor, hii wile, by reason of adultery. It appeared
that a marriage was solemnized between the parties
on th►r Ilth of January, 1806, at the church of . St.
Ann, Dublin, and that they had issue three children.
In Isl 3 Mrs. Dyott went to Clifton, at which place
the Genesal frequently visited her, and when she was
attended by a medical gentleman, of whom she did
not approve, when l►e was discharged ; and she was
alte.rwatds attended by a Mr. Dunn, with whom the
charge of adultery► took place. Soon after the G:ne•

rat reeeivoil a latter foto tresr denitnaing a cry:, .
tion, but he strongly protested againat it. 8!le
went to 11ath, :mended hy Mr. Dunn, and comb
tl.ere fill September, after whit% she came to
don, and took lodgings in Sloane-street 4
action was brought by General Dyott agAi.l,l
Dunn, :yid a verdict of ,4'2w° dunagrs was 01.4
by Lim after whi.;lo Mt. Donn was arreste.: !,•.•
All order from 1, rd Ellenborringh, and comm ;:to
the Fleet, when Mrs. Dyoit to:,k lodgings it
Bride's-lane, awl frequettly Visited him in the I.: , •
pris m.— Watt sr.? zicoorr W.II of opinion tic.:
tie fact,. were t.taLilished, arid decreed lot the acme
prayed h.q.