Star.
London, England, 1809-01-21 00:00:00

LAW INTELLIGENCE.

SHERIFFS COURT, JAN.2O.

CRIMINAL CONVERSATION.

BEST V. HENRY.—This was an action for criminal
conversation with the plaintiff's wife. The act of cri-
minality was confessed, and the Sheriff had now to
hold an inquiry to assess the damages.
The case was opened by Mr. Serjeant SHEPHERD,
as Counsel for the plaintiff. -The Learned Counsel
stated, that Mr. Best, the plaintiff, was a West In-
dian gentleman, formerlnsof very extensive property
in the Island of Barbadoes ; that he came to En
-
land in' the year 1804, and being introduced into thy!
family; of the Earl of Aldborough, paid his addressesl
to one of the Noble Lord's daughters, Lady Emily
Stretford. His addresses were acceptable to the fa-1
mily, and to the young lady, and after the usual
interval they were married: Lady Emily, as it will
appear in evidence, had not one shilling for her for-
tune *while the fortune of Mr. Best was estimated at
190,0411. or about 30001. per annum. Out of this
income Mr. Best made such a settlement on his wife
as every one must acknowledge to be liberal. He
settled 120(M. per annum on her in the event of her
having issue, and 10001. if without issue. 'There was
no disparity of ages between the parties. Mr. Best
was .about 28, and Lady Emily about 23. Im-
medtately upon their marriage Mr. Best took a house
in Stratford-place, a part of the estate belonging to
Lord .Aldborough; and immediately adopted that
kind. of establishment whiolr suited his rank in life.
A most unhappy' change, however, shortly took
plat-e. The events in Europe produced such a la-1
mentable depression in West Indian property, that
frorn.a'state of affluence Mr. Best became reduced to
a state of poverty in plain words, after an unsuc-
cessful; but spirited struggle with his difficulties, he
found it necessary to surrender himself to the King's
Bench prison. In this state of things, what was to'
became of hit lovely and interesting wife ? She re-1
mained a Short time in Stratford-place, the lease of
her- huibatid's house not having expired, and on its
expiration accompanied her father and mother to Ire-
land. The truth was, that Mr. Best could find no
suitable lodgings to which he could reconcile himself
to conduct his young wife, a lady in the very bloom
of life and beauty, and, from her birth and rank,
, necessarily accustomed to all the variety of fashiona-
ble pleasure. Upon her arrival in Ireland, the lady
Ira% discovered to be pregnant, and in the due course
of time had a child. Her Ladyship remained in
Ireland with her family all the spring of 1808, when
her lather and mother returned to England and Lady
Emily witliher infant child accompanied them. In the
mean- time Mr. Best had foupd out a suitable lodging
for his wife. He had with this view obtained the
Rules of the Bench, and hired a house in Temple-
place. Hither his wifesought and found him upon her
return, and after remaining with him a short time, about
two months, eloped with the defendant. Here, there-
fore, said the Learned Counsel, is the main atrocity of
the act—the wife is seduced whilst the husband is a
prisoner—the misfortunes of the husband ware made
instrumental to the accomplishment of his dishonour.
Any man of ordinary feeling, added the Learned Coun-1
sel, would have held a woman sacred under such cir-1
curnstances. It has some times bean alledged, in pallia,;
tion of such acts as those imputed to the defen-
dant; he continued that they had .been provoked
or. the part of the wife by tate conduct of the hus-.J
band ;
abut nothing of this kind must here be attempa.l
ed. will be made to appear. in evidence that Mr.'
Best loved his lady, as sitch youth and beauty, when
united with innocence,. ought to have been loved.—
Mr. 55rjeant Sits rmsan here called the following evi-
dence t— . . .
John PubeAy,Esq. the Attorney who drew up
she marriage deeds, proved the settlement upon Lady
Emily Best of 12001. per annum in case of issue, and
01,1001. if without.issue. But if the estates were'
itteumberect the 12001. was to be retuned to 10001.
and the 10601. to • 8001. He likewise gave in evi-
dence, thai any &tune to which her Ladyship might
succeed,-vas to be left solely so her own discretion.
• .Mr. Clarke, a surgeon, attended, from the absence
of his brother, and gave in evidence, that he had oc-
casionally visited the family in the exereise of his
profession, and that, a' for all he had seen, the con-
duct of both to each other had been such as is natal
between man and wife. He acknowledged, however,
that ho had not seen much, having only profession-
ally visited the family.
- Charles Buxton, Esq. had known Mr. Best and his
family since his marriage ; had dined with him fre-
quently, and they with him; thought they lived very'
affectionately together, and saw nothing to the con-
trary. Lady Emily did noaalways dine at table, but
this seemed accidental. Mr. Buxton was no ac-1
quaintcd with Kr. tiesissince hisresidence intim Beach.
CA:l4lml Conway was likewise a friend of Mr. Best,
bad frequently in the family. His Lady
was very inmate with Lady. Emily.. The witness
-always thopght them a most affectionate couple,
- they allays behaved to each other with the most
• strict Proprietysever had any reason -to think that
• either were disconsenorkwith the other. The wit-
:nes; and.laik family went into the country in 1807,
and., than ,onlY was the iFteraintnriee interrupted.
,The witnescwas still acquainted with Mr. Best, and
did:not:Alia, :that his agsfortnies and consequent
:far:prisonmerit, would justify the desertion of his
. ti tend!.
Charles PitaeoCk 'was. an under butler in the ser-
pf Air.. Atat ,while StratfOrd Place. His evi-
allaaa wain. sUbstinee'that.Mi. Best maintained an
establishment suitable to the rank of himself and
Wife. Witness lived with MI. Best till he went the
f-ifither side if the Water. Ms. Best surrendered to the
-'-ilenchin April 1807, and his Lady went to Ireland
about two months afterwards with her mother. Lady
Emily returned in April 1808, and witness then went
► ;o her in Temple. Place, in the rules of the King's •
Bench for a character. Lady Emily retained him in
her own service. ..He lived there a month at this pe-
riod. During all this time he saw nothing but harmony
and affection between his .master and mistress. In his
opiriion,his master craiducted himseltwith the greatest,
propriety. He seemingly had no attentions for any
other woman. His Lady's condiict appeared to wit-
ness equally unexceptionable. Lady Emily eloped in
July rBOB.

e

1

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J. Barry Best, Esq. gave evidence of the ramp
neral tenor. He was brother of the plaintiff, a
lived with him upon the most intimate and affection-. 1
ate terms ; was in the habit of seeing his brother and
sister daily; always thought them a most affection-
ate couple ; was with Lady Emily three hours on the
morning of 'her elopement.—Lady Emily observed
feelingly upon the misfortunes of her husband, and
expressed a most fervent hope that something might,
be done to release him, that his imprisonment ren- 1
dered him extremely irritable.
The case for the plaintiff being here terminated,
Mr. Serjeant Comma. spoke in alleviation of damn.
ges. He insisted that there was no pretence for large
damages in any of the circumstances ; that there was
no artifice, no seduction, no plan, no breach of hos-
pitality ; no violation of friendship, or even of the"
most common confidence; that the plaintiff's coun-
sel had made out a simple case of adulterous inter-
course ; that the fact was confessed upon the record ;
and that the Jury would determine what damages
were suitable to such a naked case.
The Deputy Sheriff summed up in a very masterly
manner, after which the Court was cleared, and the
Jury left to consider their verdict. They remained
in deliberation for some time, and at length pro-
nounced a verdict—Two thousand pounds.

ADMIRALTY SESSIONS, OLD-BAILEY.
Yesterday an Admiralty Sessions, for the trial of
offences committed en the High Seas, was held, before
Sir WILLI.4.M SCOTT, and several Learned Civilians.
Henry Jennings was put to the bar, and charged with
the crime of piracy, in having, in company with seven
others who are not in custody, forcibly taken and car-
ried away a certain boat belonging to the brig Eliza,
in the merchant service, she being then within the ju-
risdiction of his Majesty's High Court of Admiralty.
The prisoner had been arraigned last Sessions for
the same 'offence, aad the trial was put off on account
of the absence of a material witness on the part of
the prosecution. The same deficiency of evidence still
existed. The prisoner not being prepared with bail,
he was asked if he would promise to appear there to
answer to the present charge whenever he should be
called upon so to do ? To this he answered in the
affirmative. He was then asked to state where he
meant to go to, in case of his being discharged, that
the Court might know where to send for him ? He
said he should go directly on board a man of war.—
He was then ordered to be discharged, and the Court
adjourned.

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