Star.
London, England, 1816-07-01 00:00:00

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COVEN* ARDEL—The FiinDets
,Prince LEOPOLD, accompa ed hy the Duchess of
YORE, went to Covent G den Theatre no Saturday
evening; to honour, by th r presence, the performance
'of King Henry the EVA for the benefit of the Thea-
trical Fund. The Royal Party were attended by Sir
ROBERT GARDINIR and Lady ABER MILLER SMITH:
Mrs. SIDI:MRS kindly came forward, on the occasion,
to perform the character of Quern Katharine. On her
entrance by the 'stage-door, on the PRINCIN side, she
was opposite to the Royal Party, and very lowly'
made her obeisance to them, which they condescelt-
dingly acknowledged. The audience very warmly
applauded. Miss O'NEILL sat in a private box with
the Countess of CLARE, the Earl of WmtwicK, &c.—
The greetings between the Public and the PRINtlt
and PRISMS were renewed several times in the course
of the evening ; and any thing in the Play that could
receive a construction complimentary to the latter was
eagerly seized upon by the audience. That which is'
there said of the Lady Anne Barn,
•momem.•• " Who knows yet
rut from this Lady may proceed a gem
To lighten all this Isle"—
tvas particularly caught at, and applauded with rap-
turous shouts, which lasted for several minutes.

- .....
OPCRA HOUSE. —The lively and entertaining Opera
of Figaro was performed on Saturday night. The
music was rapturously applauded, and the *hole en.
tertainment sent off with eclat. The House was
crowded with fashion:

Mr. BRANDON provides a moit admikable NI of
Fare fhr to-morrow evening at Covent-Garden The-
atre, and strange indeed would it be if this Banquet
for public taste, provided by a Gentleman to whose
urbane manners and obliging conduct the frequenters
of the Theatre are so much indebted for the Uniform
attention they experience at his hands, were not ho-
noured with a brilliant bumper to the merits of so
truly deserving a servant of the Public.
The friends of literary merit in distress, will hear
with concern, that the most distinguished benefactor
of deserving Authors—the Founder of the Literary
Fund, DAVID WILLIAMS, Esq. departed this life in
the 78th year of his age, on Saturday morning, about
six o'clock, after a protracted suffering of near five
years, under a severe paralytic affection.
Wednesday, died, at Weston, near Bath, Mr. W.
Lovrartova, of the Theatre Royal, Drury lane. He
had been lodging in the village some months with the
hopes of recovering from the effects of a ruptured
blood vessel, and flattered himself that he was in a
state of gradual convalescence, when a recurrence of
the rupture caused his almost immediate dissolution ;
by which the stage is deprived of an admirable actor,
and society of a most worthy man.
Mr. SHERIDAN hourly becomes weaker. The shi•
vering fits return daily, and the melancholy end is too
certain. His wife and younger son attend him con-
stantly. Age and infirmities bring all men to their
end ; but the exit of an individual of the talents and
genius of Mr. SHERIDAN, who has so enriched our
drisnaatic literature, adorned our poetry, enlivened the
highest and most cultivated circles with his powers of
conrersation, his elegant demeanour, and his unsur-
passed wit ; who has added so conspicuous a feature to
our sentorical discussions on so many great occasions,
and who his been invariably the friend of public liberty
aed the fteudom of the press, calls forth the feelings of
all who have hearts noble enough to sink the memory
of our common weaknesses in the recollection of great
and brilliant qualities. Mr. SHERIDAN'S afflicting
complaint arose originally from a tumour, for which
Dr. BAIN advised him to see his surgeon ; he accord-
ingly sent for Mr. BRODIE, who. recommended an
operation, which at that time would have been slight,
and would mist' probably have saved his valuable
life, bust Mr. SHERIDAN turned it off with a joke, say-
ing he had suffered two operations in his life time,
and he would not undergo a third. When asked
what the two were, he answered-6i That be had had
his hair cut, and had sat for his picture." It is to be
lamented that he did not comply with the advice of
Mr. BRAME. We fear the case is now beyond the
reach of medical aid.

Execterion.—The five persons condemned to death
for being concerned in the late riots in the Isle of Ely,
underwent the sentence of the law on Friday. They
alt evinced great repentance, and signed, voluntarily,
a written ccnfession of their offences. The execution
was attended by an immense concourse of spectators,
who behaved with the greatest order, and upon whom
the awful scene seemed to make a deep impression.
They departed quietly after the execution. A few in:
fantry only were present.
BLACK HEATH PEDESTRIAN.—(EATON's27THDAT.)
—Yesterday the concourse of spectators on the Heath,
not only to inhale its breezes but to witness EATON'S
continued exertions, were more than have been since
his :Luting ; at present EATON proceeds under a little
disadvantage from having blistered feet, in other re-
spects he is perfectly well, .and is not in the least
affected by his arduous and hitherto unremitting la.
hour ; and this morning he accomplished 637 miles.
Betting is ROW become much against him.
ANOTHER PEDEsTRIAN.—HENRY EARNAT, 72 years
of age, for a wager of £2OO, has undertaken to walk
1000 miles on a fine piece of ground near the Eagle
and Child, Epping Forest, in less timethan any pe-
destrian has hitherto completed the same. Every
requisite is now preparing for this intended match,
and a set of Gentlemen, eight in number, have formed
themselves into a Committee to conduct it. BARNET
starts on Thursday next.

CORN-EXCHANGE, MARK-LANE, JULY 1.
Our market was abundantly supplied with Wheat
this morning, which chiefly consisted of arrivals from
Scotland, and other Northern parts, and the trade
in consequence was very heavy, at a decline of 2s.
per quarter. Barley maintains list Monday's prices.
Peas, Beans, and Oats sold very slowly, and are
cheaper, the supply of each exceeding the demand.

CURRINT PRICES AS 17NDERt
ENCLISR. Tick Ditto, SOL 334.
Wheat, Kent and Ems; 711 s. I Oats, Potato., 281. 30s.
Sgt. 116 s. Ditto, Poland, 265.
Suffolk, 721.112*. Ditto, Feed, 121.1145.
Norfolk, 72e. 781. Rapeseed, Ass. £4O. per last
Rye, 425. 445. Flour,'Tos. 755. per sack.
sMITHFLELD MARKET, JULY 1.
Beet 4s Od to Ss 4d Veal Ss Od to 01 01
Motets 4s Od to Ss 4d I Perk 4s Od to Ss 6d
Lamb 6s Od to Ts 6d.
Beasts 1660--Sbeep and Lambs 14,360--Calves 1120—Pip 370
HAY AND STitAW, PER. LOAD.
Meadow Hay 41 Os to 31 Ito I Clover Si Os to 61 101.
Straw .61 16a to an la.

Le

• • • • ...al

bi4E 'rs COURT; JUNG s 4.
mato() N.
TEC 'UGH? ROL LORD O. T. HEREIPOBiI O. THE intim
THE &tat OP sacrtvg.
This was in action brought to recover damages
from the defendant !or criminal conversation with
the plaintiff's wife, in Which judgment had been suf.
feted to go by deitult, and in which a special jury
was now summoned for the assessment of damages,
which were laid at 430,000.

Mr. CURWOOIi opened the pleadings, ond Mr. Ser-
jeant Ban addressed the Jury to the tollowing effect :
He observed, that this was an action which the
noble plaintiff was under the necessity of bringing
against the noble defendant to recover compensation
in damages for the seduction of his wife. It was too
much the practice of that Court to hear detailed the
circumstances of such cases, to render it at all ne-
cestary for him to make any general observations on
the nature of the crime imputed to the defendant.
The duty of the Jury was only to assess the damages
to which, upon hearing the facts which he should lay
before them in evidence, they should consider the
plaintiff entitled. The amount of damages in such
cases, naturally depended upon three considerations
—namely, the tank of life in which the parties were
placed—the previous terms of affection which had
subsisted between the husband and wife—and the
manner in which the defendant had conducted him-
self. It the rank of the parties only were to form
the basis by which the amount of damage was to be
ascertained, there were few who could be presented
,to the Jury in a more elevated situation titan the
noble individuals concerned in this inquiry. The
noble plaintiff was the younger son of the Marquis
of Waterford; and the defendant was the heir ap.
parent of an illustrious Nobleman of the Kingdom
of Ireland, the Marquis of Headfort. In point of
rank, therefore, in this case, the plaintiff had a claim
to the highest damages which had ever been given to
any individual under similar circumstances. Upon
the other points.to which he had adverted—namely,
the affection which had subsisted between the plain-
tiff and his wife, and the conduct of the defendant
—he also ventured to submit, that there was an
equal claim to large damages. The plaintiff in this
action held the rank of Major-General in the British
army ; and, at the time of the melancholy discovery
which led to the present proceeding, had been mar-
ried to his present wife many years. The consequence
of this marriage was the birth of
,three children. It
might be material to state the sex of these children
—they were all three females, and therefore the more
likely to feel with additional acuteness, the loss of
their maternal parent. When these young ladies en-
tered into the world, they would indeed feel the loss
and the degradation of their mother, who, hut for her
unhappy connection with the defendant, would in all
human probability have remained the virtuous pro.
tector of their innocence; and who, after superin-
tending their education, would have afterwards su-'
perintended, with parental care, their introduction
into life. In the last case of this sort which was pre-
sented to the consideration of that Court, some doubt
might be entertained as to which side the seduction
was attributable. In the present instance no doubt
of this sort would arise, as he should be enabled to
prove, from a letter written her the defendant himself,
not alnue that he was the seducer, but that the wink
of ruin which he had planned and executed had been
a work of exceeding great difficulty. The means
which he possessed of accomplishing this work were
ample, for they were to he found in the friendship
which had subsisted between him and the noble plain-
tiff for a great number of years. The plaintiff, was
the son of the Marquis of Waterford ; the defendant
was the son of the Marquis of Headfort. A friend-
ship' not only subsisted between these two young
Noblemen, but between the different branches of the
two families. In this case, therefore, there appeared
every circumstance that cr.uld 'mark the transaction
base and infamous. The noble plaintiff, as he had
already stated, was a Major-General in the army,
and was absent' on service in France in the course of
the last year. While stationed there with his brigade,
he heard that his lady was very ill with a malady of
a most unpleasant description—namely, menial de-
range:neat. He returned to this country with the ut-
most possible expedition, not thinking at that time
that any criminality existed in the conduct of his wife
with the defendant. He came home full of that af-
fection which he had alwayi felt for his lady from
the moment of his marriage. When he arrived in
England he went to the house of a friend, under
whose care Lady BeresforJ had been placed. Here
he thought it necessary to mention, that, on a former
occasion, this lady, atter having a child, did exhibit
symptoms of mental derangement. When the plain-
tiff arrived in England, lie learned the peculiar na-
ture of the complaint. He went first to a Gentle.
man most eminent in his profession, Dr. Croft, whom
he should call as a witness, and who would state to
the jury the distress and agony he appeared to feel
when he heard of his wife's melancholy situation.
After he had an interview with Dr. Croft he was de-
sirous of seeing his lady, but it was thought improper
at that time, since it would only add to the distress
he then felt, and would increase instead of diminish
her disorder. It was, however, found necessary that
those keys which were usually in Lady Beresford's
custody, should be taken from her, as she was not
in a situation capable of attending to any business
whatever. This was chiefly done in consequence
of certain papers being wanted, which the plaintiff
was anxious to bare in his possession.—The Noble
plaintiff was the person who set about to search
for those documents, and he was the only person
who could with propriety undertake that task.—
The Jury might easily conceive what were the feelings
of the Noble Lord, when, believing the heart of his
wife to be as pure as it was at the moment of their
marriage, be found, amongst a number of letters, that
which he was about to read to the Jury. He was
very happy that, in the situation in which this cause
was placed by the defendant, who had suffered judg-
ment to go by default, he need not lay before the
Jury that unpleasant evidence--anpleasant to men of
-delicate minds—by which the fact of the adultery'
was generally proved. He was, indeed, spared the
necessity of introducing any evidence at all ; but be
thought it right to bring this letter forward, not
merely to prove that the adultery was Confessed, but
to &hew the difficulty which the defendant had in ac-

the JANE iii Eodcisltt~ id
the following ter ms :
4 The unmeaning levity with Whteh I iiiate to Oil itelfeidif
though [mein to my heist, hal made every hear Wick /06 pined
appeal in age: and other thoughts, tusking on my mind, hue
contribUted to Make me unhappy! Can you love One wbutil yod
say yot; do riot understand? Want of cianfidenCe intsW diminish
love. I have. in my 'jeer dear Harriet, the most perfeltt cone.;
dence ! It *at not a TpeeEll I telt; *lien I said that you :nigh%
in my absence, dirt with another."
, The Gentlemen of the JMY *Mild observe; thit
when the Noble defendant expressed himself in this
light and trivial manner, it was to the wife of Lis
friend whom be spoke. It was to one, whom of all
others, he ought to have viewed with reserve and
modesty. The letter proceeded,
" No man, presumptuous, confident, or artful, as he might
be, would dare to think you lightly won."
Here they had ir, under the defendant's own hand,
that the mischief which he hod perpetrated Was not
easily accomplished. Here it was proied, not only
that he was die seducer, but that, up to the time
when his arts were successful, this Lady was so rivet
ted in a course of virtue, thAt the defendant found k
a matter of extreme' difficulty to remove her from it.
The next pa is. Age was :
" I in wink in melancholy and deep*, lest any sophist ehorld
ever induce you to think lightly of a crime, which, I pray HEAVEN,
no consideration whatever would lead you to commit with
another."

Was it, he would ask, for this Gentleman to real
.such lectures of morality ? What had he done ?
had seduced this Lady to the commission of the crime
which he alluded to; and it was not to bring her
back to the path whence she had wandered that he
addressed her thus—no : he did so for the purpose of
inducing her to continue in a state of vice, in a state
of criminal intercourse with him, and with him alone.
The letter went on thus :
" When f think what you have sacrificed for me—the peace
of mind you may have ferfeited—that recollzetion alone, inde-
pendent of my love, my adoration for you, ',squid deter you from
inconstancy! Curses on the character some have given me—but
not undeservedly ! '
He (Mr. Serjeant Br;r) had nothing to do with
the Noble defendant's character out of this case. He
had no desire to say any thing severe of him: but if
he felt a disposition to speak strongly and pointedly
against him, he should nut wish to wander from the
Lieu of the case he was now laying before the Jury.
he would quote nothing more than the defendant's
own letter to make out one of the most flagitious
cases that was ever heard of. In that letter there
was a great expression of feeling. For whom ?—for
himself and for this Lady. But no mention was
made of that friend with whom he had lived on
terms of the closest intimacy ; no notice was taken of
the injury he had inflicted on him. His own feel-
ings were strongly alluded to, but the missed peace
of his unsuspecting friend gave rise to no observation.
The letter then stated :

" I Live been profiigate, deceitful, and Inconstant. but never
to a being like my Harriet. Woman is s•ift and gentle as the
mould In which she is formed, till man destroys the beauteous
work ! 'l'o you, were it possible to be treacherous, my crime
would be enormous. I have this feeling towards you—that if
the world. the I.ondon world, suspected one-tenth part of the
affection I bear you, it should deem it impow.ble for my thoughts
to be distracted for an instant from you to another woman.—
Search now that bosom, and question it, whether it loves Bee-
tive as well as once lie flattered him,elf it did, and still Batter*
himself it does? Has no feeling of pique within the last three
weeks lessened that regard? lam interrupte.l—perhaps you are
not sorry for it ?"
WAS it possible, asked the Learned Serjr#nt, to
make out a stronger case than this letter developed
and supported ? Did it not prove every thing neces-
sary to enable him to call on the July lot large da.
mages ? It she wed that this Lady had been seduced
by the defendant, and it also shewed that the seduc-
tion was not a work of ease, but that it was marked

by cirqunstances of great difficulty. When the de-
fendlint wrote that letter, he awned to be reflecting
on his own conduct. lie seemed to feel some con-
trition for what he had done, when he said he was
profligate and deceitful, and used those other epithets
that were to be found in the letter. Therefore, he
I wanted nothing more than his own words to shear to
the Jury the defendant's demerits, and the greatness
of the misforune which he had inflicted on the plain-
tiff. He would call witnesses to prove the affection
which subsisted between Lord George Beresford and
his Lady, until the discovery of the crime which
formed the basis of these proceedings. He would
prove the number of children which had sprung front
their marriage ; and the harmonious terms'on which
the plaintiff lived with his wife, down to the fatal
moment when the discovery of her misconduct was
made. - There were sitting near him persons moving
in the same rank of society with the plaintiff and de•
fendant, who had been in the habit of visiting the
former, and who enjoyed the best opportunity of ob.
serving what had been the conduct of Lord George
Beresford towards his Lady, and her's towards him.
Those Noble persons would tell the Jury, that the
plaintiff always acted like a most affectionate hiss.
band ; and that Lady Beresford, down to the month
of August last, when he was absent, conducted her.
self like an amiable and affectionate wife. He had
stated the situation of Lady Beresford's mind at the
time of her husband's return ; and he had also ob-
served, that once before she laboured under a simi-
lar malady. Ttrz noble persons whom he should
call that day would not, he was sure, suppose that
he meant to disparage their testimony, when lie
said, that he would bring forward a witness whose
evidence should be stronger even than their's,
in proving the tenderness which distinguished the
conduct of the plaintiff towards his wife.--.
When Lady Beresford was formerly afflicted with
mental derangement, the plaintiff—instead of acting
like " the London world"—instead of abandoning
his wife, who, from the state of her mind, could no
longer act as his companion and friend—instead of
consigning her over to those persons who ior money
took care of individuals in her melancholy situation
--determined to administer to ler, himself, all the
comfort which was in his power. On that occasion
he would not permit evert a nurse to attend her.--
The noble plaintiff, hold'ing as he did high military
and hereditary rank, u'idertook himself to become
the attendant on his eilicted wife! He thought that
his attentions were necessary—he conceived that be.
feeling more deer:iy for her situation than any other
person, was mr,re capable of visiting her with that
comfort and sr;lace which were so necessary for her
recovery. He should call Dr. Croft before them,
who would unequivocally state this fact. Such was
tahn. havingedcase whidchonheeszbe should
would snlsstandteiamteantod: whether
hJeryerit
was not one that called for very large damages ? If
the mak of the parties. and the affection in which

Wail *We mod his wife had previously lived, wets
.s-ground for large damages, he contended that such
a ground was here most obvious...He saw a learned
brother (Mr. Vaughan) to whose care the cause of
'the defendant was confided, attended by another
4earnee friend (Mr. Serjeant Copley) whose elo-
quence 'they had lately heard in that Court. He
knew not the course they would adopt ; he could
not conceive the line of defence they would take ;
tut be was sure of this, that no evidence would be
called. lie was convinced that they would not give
him an opportunity of again addressing the Jury.—
He felt, as well from•the paper put into his hand by
the vespectable Solicitor under whom he acted, as
from a tnowledge .of the parties in this case, that
'there would be no ground for calling evidence on the
'other side. He was 'certain the case could not be
removed from the broad principles on which he had
rd it, by any evidence that could be adduced.—
tacverould at its close stand on the same ground on
which he now placed it. The plaintiff was deprived
Hof the society, be was robbed of the comforts which
flow from an affectionate wife, by the acts of a se-
ducer. This was a short statement of the vase and,
whatever the talents and invention of his learned
friend could supply (and doebtless they would sup-
ply the best means of defence which the case afford-
ed) would not be sufficient to overthrOw it. What,
ever topics 'his Learned Friend might advance
would, he knew, be addressed to the Coen in a high
strain of eloquence—so brilliant, indeed, that but for
the justice nt his cause, he would almost shrink from,
the unequal contest. Fortunately, however, the m-
eets of the cause ,did not depend en the advocate na
eliher side. The facts must decide it. To them the
Jury would apply their minds, and, after a due con.
moderation of the evidence. they would pronoun*
their verdict. From the experience he already had
of their good sense and discrimination, he was sure
that he would feel perfectly satisfied with that verdict.
He sincerely hoped it would be amongst those per-
dicta which would in time, if any thing could. put a
stop to that guilt and artifice iyhich led to causes,
such as that he now had-the honour of submitting to
their consideration. The Learned Serjeant then
proceeded to call his witnesses.
Sir Richard Croft is an accoucheur ; Was acquaint-
ed with Lord George Berestord and his family. His
Lordship lived upon as happy terms with his Lady
as any man he ever knew; attended the Lady also
in her first accouchemenr. After her confinement she
was afflicted with insanity. On that occasion he oh-
-

served that Lord George waited upon his Lady with
an attentien and solicitude to the full as great as he
)tad ever witnessed in any man. - At the end of last
year Lady George became again indisposed ; Lord
George was in France at that time with the army,
but returned on learning his wife's indisposition. His
appearance was that of the greatest distraction and
misery at the state of his Lady—his conduct was
that of an affectionate husband.
Cross-examined by Mr. Serjeant VAUGHANe.•••
When this malady first appeared, after Lady George's
accouchement, he asked whether she had ever been
similarly affected before? and learnt (but could not
say from whom) she had ; was in the habit of visit-
ing the family merely professionally, and on th
occasions always observed that Lord George behaved
affectionately. After the first indisposition of which
be was witness, Lady George was afflicted for seve-
ral months. The last indisposition came oa suddenly,
perhaps sic months after the birth of her last child.
Did not see any of her Ladyship's female relatives
attend her in her last illness. Saw Mrs. and Miss
Schultz, her Ladyship's mother and sister, visit her
occasionally, and Lady Elizabeth Monk.
The letter alluded to, and commented on by Mr.
Serjeant Ban, was then put in and read. The hand-
writing was admitted.
The Marquis of Cholmondeley is acquainted with
Lord George Beiesford and his Lady ; they visited
his family, and were at his seat in Norfolk last year;
they continued with him ten or twelve dalys, and,
from what he observed on that and other occasions,
they appeared to live perfectly well together. Her
Ladyship's conduct towards his Lordship was that
of a dutiful and affectionate wife.

Cross-examined by Mr. Serjeant COPLEY.—The
principal opportunity he had of seeing Lord George
and his Lady was at his seat in Norfolk last Christ-
mas. His house was then full of company. He saw
them only in company ; they were merely personal

acquaintances,
The Ltd of Arran is a relation of Lord George
Samford ; was acquainted with Lady George since
bee osartiage ; had opportunities of seeing them to.
gether frequently ; the conduct of Lord George was
that of an affectionate husband; they frequently
visited at his house.

Cross-examined by Mr. Serjeant VALIORAW.
There was other company at the bouie when they
',liked him; they came as mere general acquaintances.
Wafter Jones, Esq. is first cousin of Lord G. Be-
resford was intimately acquainted with him from
his earliest youth. He was married about eight years,
be bad three children, all young ladies. Down to
the present time he had visited his fatally.. They
lived upon the happiest terms. Lord George con-
ducted himself as, most affectionate husband. She
appeared to make a suitable return. Lord. George,
was very seldom absent from home ; he was always
attending his duty in Parliament.
Cross.examined.—Lord George Beresford was a
doniestic man; was never absent but on his duty to
his country.
Colonel Bridges, brother-in-law of Lord George,
had much, intercourse with him and his family;
their visks wen: frequent—from ' his observation
the conduct of Load George was exemplary ; the
conduct of Lady Geo:ge appeared to him that of an
affectionate an'd dutiful wife. •
Crossexasained.—Repeatedly slept in the house;
knew Lord and Lady Beres:ord ever since their mar-
riage; be did not believe Lod George Beresford to
be a gay man, he thought (vice the severse ; be
never knew. him tube absent from his domestic circle
taut on public business; he bad a ahuation about the
Prince; this he did not think hid the effect of taking
bins away from borne so as to make him otherwise
than what might be called a dcmestic wan : wham
married Lord George's sister,
Risetamined.—Knew of no Aimee that could be
called wilful cm the gad of Lord George..
The evidence being closed on the pi* of sbe_Plaint
Seljeant addressed • the Court

the defendant He agreed that it Mould have ben*
to idle have gone into evidence. for the of
peavinglhe adultery—the fact was prevroeursr ad.
Sitted' liiiil he hoped he might take credit, there•
fore, far Its touch anxiety as his Learned Friend to
avoid entifing into a detail of circumstances which
must have beeb'eqfildly offensive to them all. In one
of the prioclples'bpdti which his Learned Friend had
put this caw he certainty could not concur. :He had
stated that the anioddt of damages to be assessed
most depend upon thieetensideratrons—the rank is
society of the parties, the affection which had pre-
viously subsisted between the husband and the wife,
and the manner in which the defendant had con-
ducted himself. Now, he could not acquiesce in the
proposition, that rank should in any degree norm a
principle upon which the determination of the ques-
tion was to tate place. According to law, the poorest
man stood in this respect upon the same vantage
ground as the richest; and upon .this. principle he
saw an reason why the present plaintiff should, how-
ever elevated his situation, be entitled to greater da-
mages than would be given to a person of much
meaner rank. The Jury were to consider calmly
end dispassionately first what the plaintiff had lost,
and next how he had conducted himself previous to
sustaining that loss ? He had always thought that
this latter point was a very important one to be made
out in evidence. It was not alone the defendant who
should be put upon his trial, but the plaintiff also;
and the latter, in his humble apprehension, was
bound to prove, before he was entitled to any very ex-
tensive reparation, not by common evidence, bat by
clear and satisfactory testimony, that he had been a
faithful, fond, and affectionate husband, devoted to
' thai interests and comfort of his wife. What sort of
attempt had been made to make out such a case in
the present instance ? He called upon the Jury to
examine the evidence to this fact. He did not mean
to deey that the circumstances of the case were of the
most melancholy description, and his Learned Friend
had not failed to use his dexterity in introducing
every fact which could add to the enormity of the de-
fendant's crime. Among others, it had been endea-
voured to insinuate, that the last mental derangement
of the plaintiff's Wife was in some degree ascribable to
the defendant. Fortunately, however, the answer of
the witness, Dr. Croft, had fully proved, that chit
was a malady with which she had been before af-
flicted, and that it in fact was in the family. Inso-
much, therefore, his client had been relieved from
an imputation so overwhelmin in its effect. What-
ever the plaintiff might have lost in his wife, she at
least had not lost her teason front the conduct of the
defendant. lii now came to the oilier parts of the
case. He did expect that he should hear some-
thing horrible of the mode which had been taken to
effect the seduction of the plaintiff's wife. Of this,
however, what evidence had been given ? nothing
but the letter of the defendant himself, which barely
amounted to an admission of the fact—but when this
came to be read, was it susceptible of the construc-
tion which had been put upon it by his Learned
Friend ? So far from bearing an air of triumph, it
cautioned the unfortunate lady, whose ruin had pro-
bably taken place in a moment of unguarded pas-
sion, against the continuance of offending. It spoke
in the tone of contrition and repentance, and expres-
eed a desire, rather that she should return to the path
of virtue, than that the criminal intercourse should
be continued. Independent of this, however, what
other evidence had been submitted ? He naturally
expected that his Learned Friend, whose ingenuity
and talent in conducting such a case were undoubted,
would feel it prudent to adduce some evidence, of a
substantial and unquestionable description, as to the
terms of affection and harmony in which the plaintiff
and his wife had lived, previous to the unfortunate
cause of the present action. But what was the evi-
dence be had submitted 1 was it of a conclusive and
satisfactory nature, or was it not oh the contrary
vague and uncertain t The first witness examined,
as the Jury would recollect, was Sir Richard Croft.
It was true that this gentleman was at the head of his
profession ; that his character was unimpeached ;
and that his integrity was unquestionable. To all that
he said, therefore, he should be disposed to give im-
plicit credit : but to what did his testimony amount ?
That in the hour of sickness, of distress, and of dif-
ficulty, the plaintiff had been attentive to his wife,
and had behaved as affectionately as any other
husband would have done in a similar situation.—
What, however, was this but the visit of a professio-
nal man to his patient ? and what was the conduct
of the plaintiff but that which would have marked
the proceedings of any other man, however disincli-
ned he might be to afford comfort to his wife in the
full enjoyment of health I The man who could treat
his wife with inattention in the hour of sickness must
indeed be a barbarian; but attention at that moment,
although it was evidence of the feelings of humanity,
was by no means conclusive as to the existence of a
paramount affection a nothing, in fact, could be de-
duced from this, as a foundation for large damages.
The next witness that was called was the most Noble
the Marquis of Cholmondelcy ; and if a man of high
rank and illustrious descent were wanting to give
dignity to the cause, such a man was to be found in
him. He confessed, however, that he never heard
colder evidence as to the affection which subsisted
between the parties. When he beard it, in fact, his
hand was almost palsied as be attempted to indite
it on his brief. What was the effect of this Noble.
Lord's testimony ? that the defendant and his wife
lived perfectly well together, and that he never saw
any thing in their conduct otherwise than affectionate.
But what were the opportunities afforded him of ob-
servation ? Why, simply those which occurred in the,
course of a visit which the plaintiff and his wife made
to his Lordship's seat in Norfolk, during which time
the house was crowded with company. The plain:
tiff's wife had not in that interval exhibited articles
Of peace against her husband, and therefore they were
the most affectionate couple in the world.' If be
(Mr. Serjeant Vaughan) might be allowed to judge.
he apprehended, that of all places, and of all occa-
sions, the house of a friend, and the congregation of
a large and brilliant company, would be the last op.'
portunity which it couple otherwise thai affectionate
would choose to exhibit their mutual discontents.—
The. third witness was the Earl ofliisan ; bit it did
not eppeet that this Nobleman had aver nose slept lei
the house with then peaks; or that he lad ani other
means. of ascertaining their feelings towards each
other* qaxe whit was *IWO& in the elf4*9( an
acviimaca. lit. W. Jona wag *As.;.input
•

saltness; bat neither had be ever slept in the plain
tiff's house, nor indeed was ;here any ohe witness,
arbo had—any person who could be supposed to have
seen. them off their guard, or in that state of familiar:
and' domestic intercourse in which alone their real
feelings and dispositions could -be discovered. It was
true that Colottel Bridges, who was the last witness
examined, was the intimate acquaintance of Lord G.
Beresford, and had gone litrther than those who pre-
ceded him ; but he too 'had never slept in the same
house, nor did he venture to say that he had ever un-
veiled the curtain which good manners would neces-
sarily throw around those scenes which could only be
unfolded to those who lived in the same dwelling,
and were associated in the closest intimacy. If has
Learned Friend had asked him whom he would have
called on this occasion, he could have no difficulty in
answering, that be would have preferred the mother
and sister of Lady Beiesford and Lady Elizabeth
Monck, all of whom were 'in the habit of close inti-
macy with the family, and would have afforded the
clearest and most satisfactory information upon those
points of domestic happiness en which so much of
this case depended. To these might have been added
some of the confidential domestics of the family—he
did expect to have seen the Lady's maid, the house-
keeper, the butler, or the valet of Lord George; and
not finding them ranked among the witnesses, he
confessed he could net shut his eyes to the belief that
his Learned Friend was satisfied their testimony
would not have tended much to enhance the loss
which the plaintiff had sustained. For all these rea.
sons it was, that he was induced to imagine the case
would not be considered by the Jury as of that fla-
grant kind which his Learned Friend would lead
them to conclude. Upon the subject of the amount
of the damages to be given to the plaintiff, he had
only to say, there was a graduated scale by which
they were to be guided ; and it was for the Jury to
say whether the case of the defendant was to be at
the sop or the middle? that wara matter entirely for
their consideration. He had been some years in the
world, and during that period. had obtained sonle
little experience. He confessed, however, that the
result of his observations was, that it was almost as
difficult to draw the earth out of its course, as to se-
duce the affections of a virtuous woman, where the
husband had been all that poetry had described as
the just attributes of his character. It was, in his
opinion, impossible to seduce the affections of a wife,
where she was treated by her husband with becoming
respect and affection. lf, however, she was left to
the temptations and excitements of the fashionable
world, unguarded and unattended by him to whom
her honour was most dear, while he went in an op-
. polite course, it was impossible to answer for the con-
sequences. In such cases, the parties trod upon ire:
sumosites cirseri doloro. They all knew what human
nature was, and that