Star.
London, England, 1824-07-24 00:00:00

LAW REPORT.

-...--
StIERIFFS COURT, JULY 23.
SIR JAMES ERSKINE V. SIR GEORGE MURRAY.

This seas an to recover a compensation in da-
mages for the seduction of the plaintiff's wife, formerly
Lady Louisa Pager.—The damages were laid at 20.0001.
Mr. BROUGHAM stated the case to the Jury, and said
one more painful never fell to his lot ; he would refrain
from saying anything of the injury sustained by the
plaintiff, but leave it to the witnesses, who would state
the happineis enjoyed once by Sir James Erskine, a
branch of one of the most distinguished families in Scot-
land, and much signalised in the British army.—
In the year 1797, he became acquainted with Lady
Louisa Paget; an acquaintance rather of a romantic
description ; great difficulties were found to oppose their
union ; but, honoured with the acquaintance of their late
Majesties; which the Uxbridge family was Well hewn'
to possess, through their Majesties they accoinpltsited
their wishes. Bit ihst!ead of their affections cooling,
they enjoyed upwards of fourteen years with a warmth
.of romantic love among their friends; and of the ro-
mance evidence more strong cannot be given. In 1815,
by the death of Sir J. Erskine, the plaintiff's late brother,
he succeeded to his title and estate, having served for a
long series of years in the Peninsular war. The picture
of happiness was uninterrupted; Lady Louisa performed
all the ordinary offices of readings writing, &c. which,
Sir James was incapacitated from doing, through a de-
fect in his sight; the circumstances passing in their mar-
riage life are documents not to be react in Court. If yoi
are shewn, Gentlemen, that a fatal attachment ens..te,!,
you will then judge of the result ; in 1815 they went !o
Paris, shortly after the battle of Waterloo. Shortly after
Lady Louisa's arrival at Paris, her whole conduct be-
came changed, her temper varied, her demeanour, ber
attachment, formed a strange change; had Sir James
known there that which he has known since, he would
have ascribed it to that individual who had by distrust
displaced her love, which made Sir James's life as mi-
serable as it had been before happy ; he took the only
course a humane man would do, soon finding it must
be some attachment, though he could not tell the ob-
ject; he carried her from Paris to Brussels, and to Spa,
and al;ais returned to Paris, andirom thence to Lonsko.
bringing her to her venerable mother on a sick ben.
thinking it would have restored that happiness wilich
he had enjoyed. Suspicion here arose ; the attachratot
had grown up abroad; letters passed between Sir
George and Lady Louisa. She rebutted the idea aids
indignation ; avowed her innocence; and gave a denial
of the fact. Still the passion which had seized her was
too strong ; nothing could restore her former love. An
incident now occurred, while they were at Torrey, at
their seat in Scotland; the post-bag was one morning
brought in where they. were ; Lady Louisa seized the
bag, opened it, and Sir James perceived a' letter wiei
the Quarter-Master-General's Staff print on it. Be
wanted to see it. She rushed out of the room, and was
out long enough to have destroyed it. After a pause,
she returned and brought a small note. Even here Sir
James had no idea that anything further had passei.4;
but it was soon made known to him as btrong as poi
of Holy Writ ; he became as of inferior concern-
ment; she left the house; he wrote her an agonising le.:
ter, but she was relentless; rumour upon rumour WaS
busy, and not without Sir James's hearing. Sir George
Murray was one of the first Officers that Sir James bA
flung himself into the society of, and upon this rumour
Sir James demanded from his own lips an explanation,
and received a denial the most peremptory. In a letter,
heexclaims,“ that I might leave no opening for surmal,
I take this opportunity to declare, that in any inter'
course which may have taken place, nething ha
..°C.
curred injurious to yours or Lady Louisa's honour. A
friend of Sir James's waked on Sir George Murray nb.
Apill 2, 1819, and received a message that eradici!tei
every doubt; Sir James was satisfied nothing criminal
had passed with an Officer the most gallant in out
This unreserved disavowal killed suspicion in the be,rl
of him whose only frailty had been too strong
But, alas ! he did not begin soon enough to su,pect
wife—was too slow—and the laurel of happine3s
sullied. He was driven from his home, an exile f'cl
his country, an object of all—the most untortlK.l.e;
French lacquies de place will prove they were toget,,e,
in private (Sir George Murray and Licly Loni,a)
in public ; they were careful not to allow the slighto
room for suspicion, not even a flirt was seen. 'they 41'
rived in this country—the correspondence was coo.
nued. Sir Robert Wilson ititemeded—lic was he 110,

pourable beater of the dlsai►obval ; and the Jury would
be not less surprised than he was, when they heard that
within two little months they were living together in
disguise at a watering-place, under circumstances that
could leave no doubt but that criminal intercourse had
been completed. From this they removed to Matlock,
in Derbyshire, and lived there from the month of June
to August. After this they were found at Matlock,
and afterwards in Erle's-court, Brompton; where, as
soon as any of Lady Louisa's friends approached, Sir
George would decamp until theinterruption ceased.—
In December, 1819, Lady L. went to her brother, Sir
C. Paget, at the Isle of Wight. Sir G. met her on the
road; he was then Governor of the Military College at
Sandhurst. He left her before she Leached her brother's ;
she staid some time, and returned to Erles Court. And
next, they were found living together at Finchley, under
the name of Mr. and Mrs. Evans; here Lady Louisa
gave bit th to a daughter, and had it baptised in the name
of Louisa Diana Augusta Ann, daughter of John and
Jane Evans. From Finchley they went to Odiham, in
Hampshire, and continued till August, 1822, then sud-
denly left ; and here was an aggravation of this cause.
They bethought of a plan to live in the face of the
world, at the expense of this most injured husband.
'ehe concealment of Mrs. Evans could not be long ; a
divorce was thought of, if it could be accomplished,
and they would be adding one other pang to the many
before inflicted on the injured husband. By Scotch
law a woman might sue her husband for a divorce if he
had deserted her four years ; Sir James was stigmatised
as having deserted his. wife; but that was nothing to
the calumnies they had inflicted before. The suit was
commenced ; Sir James threw open his doors to re-
ceive her, to frustrate the expedient, and to spew it her
fault; this ceased the law, and she even went to his
house; she remained there three weeks, but the doors
were merely open to receive her; and next came the
communication through the medium of a Gentleman,
shish had the effect of opening Sir James's eyes: she
had abandoned her honour to the seduction of this de-
fendant. The dreadful effects this produced on Sir
James's mind can oily be felt. You, Gentlemen, will
judge of what Sir James has lost ; and when you are to
make your minds up, you will take with you the facts
which my friend the Attorney-General will give you,
and let them have their due weight ; but bear in mind
the strict facts of the case. No youthful passions can
palliate; Sir George is now at the mature age of fifty-
three, and is a person of high rank in the Army. Sir
James has experienced an injury in his character un-
sustainable, if he has not ample compensation by the
verdict of a Jury.
Elizabeth Bates—l was housekeeper to Lord Gal-
loway, and waiting-maid to Lady Louisa Paget, In
1601; Lady Louisa was married to Sir James Erskine;
they went from Lord Galloway's house to be married ;
they were very exemplary, and mutually attached to
each other; I continued with Sir James and Lady Louisa
until the battle of Waterloo; I saw no alteration in
their manner whets they went to France; Sir James
was always very attentive ; after they went to France,
I did not reside with them.

Cross-examined by the Arronnav-Gromaar.—They lived very
retired, and never had any children. I do not know Lady Looisa's
age when married ; I should think her about $4 years when mar-
ried ; Sir James was near sighted, but could read the direction of
i letter, or write one.