Star.
London, England, 1813-02-17 00:00:00

DEAL, FEBRUARY 16.

It last night blew excessively hard from the south-
south-west, accompanied with a heavy cea ; several
ships drove in the Downs, and one vessel is on shore
near Pegwell Bay, but cannot learn her name. The
ship Enterprise, YOUNG, for Jamaica, log an anchor
and cable, but has been supplied with another. Ar-
rived from the Westward his Majesty's ship SAN
Josur with the loss of anchors and cables.—Wind
S. S. W.
YARMOUTH, FEBRUARY 16.

Yesterday arrived the BEAVER shop of war from
the Northward, and remains with the SoLusav,Vice-
Admiral MURRAYeand WRANGLER.—Arrived from
Gottenburgb, a ship, bound to London ; left Got-
tenburgh, with lb others, under convoy of the ROSE
sloop of war, but parted company in thick weather
some days since. The Think, of Hull, Tow
master, parted from her anchors in the gale of last
night, and drove on the Scroby Sand—the crew (ex-
cept the mate) were saved by the boats from the
SOLERAYy Admiral MURRAY'S flag-ship, where they
remain on board; she had on board a salurtble cargo
from London, bound to Hull a the whole, with the
ship, must be lost, as we can only see her masts
above the water.—.--Wiud S.W. gale little abated.

LAW

COURT OF COMMON PLEAS, FEBRUARY
CRIM. CON.
GREEN W. HARDER.
This was an action brought by the plaintiff, Mr. G.
H. Green, a Paymaster in the King's Army, to re-
cover damages of the defendant, a Clerk in the Navy
Office, for the seduction of his w ife, by which he was
deprived of her affection and his domestic comfort.—,
The damages were laid at £22000.
Mr. Serjeant SHEPHERD stated the circumstances,
and admitted, that it was not a case in which a ftiAid
basely took advantage of intimacy with a husbintf,
and seduced his wife. How Mrs. Green became at-
, quainted with the defendant lie was at a loss to infer,
but he should have no difficulty in proving that an
adulterous intercourse had taken place. The Jury
would have the goodness to attend to the circum-
stances, because it was important that a person absent
trom England, on the service of his country, should
feel, by the verdict of a British Jury, that his wife
was not to be seduced during his absence with im-
punity. Mr. Green met with the Lady, his wife, at
Messina, in Sicily, in 1808. She was related to Capt.
Rutherford, and the plaintiff considered her worthy his
alliance. They were married at Messina, and lived
happily together. In 1810 it was necessary for Mrs.
Green to come to England, with two children. She
accordingly sailed from Messina, with an allowance
of twelve pounds per month, to be paid by the agent
of her husband in London. She came to England,
and remained with Mrs. Inglish, who was the aunt
of the plaintiff, residing in Arundel-street, Strand,
where she remained some time with Mrs. Inglish,
and there was no reason to be dissatisfied with her
conduct. Coming to England, she had touched at
Malta and Gibraltar, which reduced her stock of
cash ; however, as soon as she could draW on her
agent, she removed froth Mrs. Inglish, first to Sur-
rey-street, and finally to Lambeth-walk. At that
time Mr. Grteh was at Messina, being compelled to
remain with his regiment, and the plaintiff had to
lament that the defendant found a favourable oppor-
tunity to accomplish his purpose. Mrs. Inglish hay-
ling reason to suspect the conduct of Mrs. Green,
visited her at Lambeth, and had the misfortune to
find her living with the defendant in criminal inter-
course. They lived together as man and wife. Some
time after the discovery, Mr. Green landed in Eng-
land, and the first information he received, was the
report of his wife's infamy. Thus situated, it was
absolutely necessary a man should bring an action to
punish the seducer; and what apology would be
offered for the defendant, he could not conceive.—
Certainly the plaintiff, who had been in the service of
his country, had sustained a severe injury. He had
lost his wife's attachment, and was deprived of her
society. The Jury, under all the circumstances,
would hear the evidence; and give damages sufficient
to do justice to the parties.
The Rev. Mr. Southouse, a Clergyman of the
'Church of England, stated, that he was Chaplain to
'the King's forces at Messina in 1808 ;—he was ac-
quainted K ith the plaintiff, who was Paymaster then
of the 81st regiment ; witness married him at Mes-
sina to Miss Rutherford ;--he had not the register,
hafling left it in Sicily ; Mrs. Green was the sister of
Captain Rutherford, of the .35th regiment ; he mar,
ried them according to the forms of the Church of
England ; they lived as man and wife, and appeared
to live happily together ; the plaintiff's conduct was
proper and becoming, and she appeared to be an
affectionate wife. Witness knew them a year and a
half at Messina, and he recollected that they had
children, they had a little boy.
On his cross-examination he said they were mar-
ried at a private house, as there was no place of
worship where they could be married ; the subjects
of the country were married in their own churches.
He did not know whether she returned to Gibraltar
from England after leaving Sicily. He did not know
she had been a milliner's apprentice in London be-
fore her marriage.
Mr. T. C. Smeathman said, he was at Messina in
1808 and 1809. He knew Mr. Green, who was then
Paymaster of the 81st, and subsequently Paymaster
of Dillon's Regiment. He had observed that the
plaintiff and his wife appeared to live happily in
Sicily. He had seen her since his return to England.
Mrs. Inglish, wife of a coal-merchant in Arundel-
street, deposed, that the plaintiff was her nephew. In
1810, Mrs. Green returned from Sicily, and came to
her house in a post-chaise with two children. She did
wit live with witness long. Having remained about
a fortnight or three weeks in Arundel-street, she took
lodgings in Surrey-street, and then went to Lambeth-
alk. Witness saw her from time to time while she
was living at No. 12, Lambeth-walk. She went on
one occasion to see her, and was informed by the ser-
vant, Mary Lander, that Mrs Green was not up.
Witness endeavoured to go into her bed-chamber,
and Mrs. Green refused to admit her; the latter said
she would not see her till she had dressed. She camel
down in her night clothes. Witness then discovered
that Mrs. Green had lived with defendant. _

On her reexamination by Serjeant Bar, she ad-
mitted that she had repeated various reports, viz. that
the plaintiff had lived on bad terms with his wife ; that
'he had been compelled to send her home from Sicily
for loose conduct ; that Mrs. Green had declared her
youngest child was not the plaintiff's ; that the plain-
tiff bad advertised her, to avoid being put in a gaol
by her extravagance. She also admitted that Mrs.
Green had kept company, in town, with Dr. Jones,
Dr. Itoberton, and Mr. Colnagha. The witness, of
her own knowledge, bad no reason to say Mrs. Green
was a loose woman. She did not know the line of
practice followed by Dr. Roberton.
Mafy Ann Lander being sworn, said—" I lived
as servant to Mrs. Green, while she was living at No.
12, Lambeth Walk. I went to attend on her and
clean the apartments. I knew Mr. Marder lived
with her. They went by the name of Mr. and Mrs.
Green. They had but one bed-room. Mr. Marder
slept there constantly. I went into the bed-room,
and found them in bed together. They lived as man
and wife. They remained there when Mrs. Inglish
came. She asked if Mrs. Green was within 1 said,
she is not up. She went up stairs to tier, and Mar-
der hearing her coming, jumped out of the window.
Mrs. Green used to have one of her children with
her, a liule boy. The child called Mr. Mader papa.
Mr. Marder kissed the child, and appeared in the cha-
racter of father —Cross-examined by Mr. Serf. Nil Bur.
Did 411 the haws kin the clig4ll —A. I onty saw for dr.
(endsat.

Q. How did you know that Mr. Marder wag not Mr. Green ?
A. 1 found out by big night-clothes Vint his name was not Green,
and that raised my suspicion.
Q. How long did you Uve there ?—A. About a fortnight.
Q. Where did you go after you went from Mrs. Green ?••••
A. To my mother's.
Q. Where did you go to service ?—A. I did not p any when
ghat I know.
Q. Do you know the Crown Hotel, in Lambeth-road ? Yee.
. Mead-place, I mean ?—Yes, I du.
Q. You were never hired theft ?—A. 1 never hired albeit
the' e. 1

g. You never slept there ?—A. I can't say that.
. Have you breakfasted there ?—A.I have.
. How many times ?—A. I cannot say.
. How came you to sleep there? 14„doo't choose CO an'wer.
. Nnw, I .4%k you, whether it is not a notorious b—y howls ?
. I don't know.
Q. I have no right to LA you who you slept with; but, don't
you know that men and women comatouly go there to sleep?—
A,l went there to visit the people, and to do a little needle work.
Q• Who did you do needlework for?—A. The mistress of
the house.

Q. Was you paid for it t—A. I won't tell you.
Q. Then t skill ask his Lordship to commit you.—A.
breakfast, dinner, and supper, for what I did.
Q. How long had you been In the house of Mrs. Crum wbsit
Mr. Marder jumped out of the window I—A. t dm% know.
Mr. J. Swan, Clerk to Mr. Disney, the plaintiff's
agent, proved the payment of Mrs. Green's allowance ,
of £l2 a month, till it was stopped in July, 1811,
by order of plaintiff.
C. Simpson, keeper of the house where Mrs. Green
and defendant-lived, stated, that they occupied his
first floor as husband and wife.
Mr. Seljeant Bxst then addressed the Jury for the
defendant. He observed that this was, of all the
cases he had ever met with, one the least entitled to
damage's. Civil retribution here was unnecessary.—.
His Learned Friend, who well knew how to conduct
a cause, had not opened his case as one entitled to
damages: if he had it would have sunk under him.
A case occurred to his recollection which he consi.
dered applicable to this. A Gentleman, who was is
Member for one of the wes:ern towns, brought an '
action for criminal conversation with his wife against
a Gentleman in Berkshire. It was proved that the
defendant was locked up for three days, and fed id
the house, while the husband was absent, but the thing
',to be specifically proved was not substantiated, and
the Jury gave a verdict for the defendant. In thil
case there was no proof of criminality, unless the Jury ,
believed the evidence of the servant Lander, who had i
proved herself unworthy of credit, by having been
not only infamous herself, but the servant of infamy,
in a brothel. The Jury ought to drive the evi-
dence of that witness out of their consideration...-.

If they gave credit to her, a verdict would go
against his client. Then they would have to pause
on the subject of damages. His Learned Brothet
had hot expected damages ; for any Jury who could
give damages, would in his judgment be mad. A I
case was once brought before Lord Mansfield, of this
sort, and his Lordship asked H it was an action for
damages ? Mr. Cooper, a Gentleman of high talent.
at the Bar, feeling the weakness of his appeal for
damages, answered—" No, my Lord, it it an *Moe
for right of way!"—Damages in this case, provided
the Jury considered the smallest necessary, would
completely ruin his client, a young man unforto•
nately possessed of no property, or support, but what
he derived from his industry. Damages would coo-
sign him to a gaol. The Jufy ought to consider
they had sons, who might be drawn in by an aban-
doned married woman, and in such a ease how
would they feel as parents when their Children shOtild
be visited by ruin for falling into the snare of such a
woman ? The Learned Serjeanr, in a -Most impress
Sive and able speech, contended, that the plaintir
had sustained no loss in being deprited of the society
of such a woman, and ilLit the least damages pOsSi-
ble to give would be sufficient.
Sir J. MaNsFIKLID said to the Jory—fo I think you
have to consider whether the aritninal act vfas coin.)
mitted. If you should be of opinion it was, find yout
verdict for the plaintiff. Then you will have to con-
sider what damages are necessary. It is certainly un.
like any case I recollect to have, occurred. With
respect to the fact, it is proved distinctly by Mary 4
Lander, that this woman lived with Marder in Lam-
beth.walk, having but one bed-room, and sleeping in •
one bed. Then there is no doubt of the fact, uniss
the story she hat told is untrue."—The Learned
Jvcige commented on the general conduct of Mrs.
Green since her marriage, observed that she had ndi
kept reputable company since her return to England,
and drew a conclusion that there was no proof that she
was a virtuous woman previous to the present cause of
action. The Ittry had no clue to know how the de•
fendant had become acquainted with her, and they '
were to consider whether he might not have met her
in the street, without knowledge that she was a mar. ,
ried woman. The case was not attended by aggra.
eating circumstances. There was no more than the
.1
adultery proved against the defendant ; but as that
was proved, their verdict must be for the plaintiff,
and they would say what damage, he ought to reco-
ver for the loss of such a wife, without any explanas
tion how the partie's became acquainted.
The Jury retired from their box, and on their re.
turn found a verdict for the plaintiff--. Damages owe'.
farthing.
Mr. Serjeant SHEPHERD said, he hoped British Of.
fleets would hereafter take care how they sent their
wives to their native country.

kbitoCkW, s TUCKS I DAY Al (mt.° LiAjuK,

Red. 59f—Cons. 51111—Cons. for ac. 581-4 per Ct. 14.
.5 per Cent. 88i—Bds. Bt. 9s. dit.—Lp. Anat. 14 ..law

Exch. lens es. ss. pr.—Omninm
••• The Funds are on the decline. The report Which was
spread with great industcp on Monday of the arrival of au Aus.
trian Messenger, had the effect of ralan& them, on that day, a
half per cent. At the close of yesterday's etarkit, however,
they were Taw, WIPP*