Star.
London, England, 1820-04-18 00:00:00

LAWC~t3 'BR As§zite.

CIVIL 'SIDS—APRIL s.
CRIM. CON.
GILL, ESQ. V. AUEEET, ESQ.

Mr. SCARLETT. stated that this was an action
brought to recover a compensation in darhages for
one of the greatest injuries which one man could in-
flict upon another—the seduction of his wife by the
defendant. The plaintif in this case was Mr. Gill,
who was formerly a'solicitor in the town of Liver-
pool, but being prissessed 'of an independent fortune
he relinquished his profession many years' ago, and
retired into the country. In the year 1808, he mar-
ried his present wife, then Miis Lewndes, a Lady
su7table in years, highly accomplished, and with
whom he had lived with the greatest harmony and
afrectien until the discovery took place which formed
the subject of this action. By the fruits of this mar-
riage he had three children, the eldest about ten
years of age; and it was not until after the birth of
the youngest child that a criminal intercourse took
place between the defendant and Mrs. Gill. Mr.;
Aubrey was also a Gentleman of great property ; he •
had married a Lady of large fbrtune, but much older
than himself. The first acquaintance of the families
took place in -Montgomeryshire, in the year 1816.
The two families living in the same neighbourhood,
that kind of intimacy took place which is natural in'
such situations, and the families visited each other,
and were upon the most friendly footing. In the year
1817, Mr. Gill took a house near Hereford; and
during the period it was fitting up he took a cottage
at Hailstone-hill, within about a mile of the town of
libieford. Some time after Mr. Aubrey took a house
in Hereford, and it was here that those circumstances
occurred which first awoke the suspicions •of Mr.
Gill. The house of Mr. Aubrey had been taken some
time before it was occupied by his family, and during-
this period Mr. Aubrey was at an Hotel in Here-
ford. He was frequently observed, however, in the
mornings to be in the house, and Mrs. Gill was ob-
served to leave her own residence and pass through
the turnpike-gate leading to Hereford at an early
hour in the morning, and approach by a circuitous
route, the house of Mr. Aubrey, which she entered at
the back door, and after remaining about an hour,
she was observed to leave the house and return home
by the same route. These visits were repeated se-
veral times, and when it is considered that they were
made at a period when no person but Mr. Aubrey
was in the house, the purpose ofthem cannot be mis-
understood ; and no reasonable man who knows hu-
roan nature can doubt that the intercourse took place
which forms the ground of the present action.—
When these circumstances v. ere made known to Mr.
Gill, they nece%sarily excited in his mind a strong
degree of suspicion, or rather convinced him that a
criminal intimacy existed between the defendant and
Mrs. Gill ; but in a m.:ter so important, whatever.
he might feel in his own mind, he did not think him-
self authorised to act on these suspicions. Hs there-
fore took measures to ensure a more complete detec-
tion, and among other-steps to effect this purpose,
he employed a female servant of the family who
lived in the opposite house to Mr. Aubrey, to watch
the conduct of Mrs. Gill, when she visited that
house ; and the result of her observations proved that
his previous suspicjons had been too well founded :
you will find that she perceived instances of fami-
liarity, which will leave no doubt that the last act
was not refuied. You will find her locked iu Mr.
Aubrey's arms, who was kissing her ; but this wit-
ness will go farther than this, and will state, that
from a window in her mistress's house, she distinctly
saw the commission of the ell:ohm' act itself, and
that un,ler circumstances of peculiar indelicacy.---1
This occurred in the early Hit of the year 1818
but the young woman, for reasons which she will
explain to you, did not communicate this fact to Mr.,
Gill for a very considerable time. Ile should also
prove a similar seene, committed in Mr. Gill's house
during his absence. If lie should establish these facts
to the satisfaction of the Jury, they must necessarily
give their verdict in favour of his client. With re-
spect to damages, he should leave that to their coat
sideration, without any observations, being con-
vinced that they would give him such reparation
(which could only be measured in a Court of Law
by money) as the nature of the injury he had received
demanded.
The first witness called was Thomas 13.11nd, the
clerk of Trinity Church, Liverpool, who proved that
the marriage was solemnized on the 30th of Oc•
toter, 1808.

John Bonner, Eq. lives in Denbighshire; is ac-
luainted with Mr. and Mrs. Gill; knew Mr. Gill
hcfbre his marriage; he then lived in Montgomery-
sh;re, and after the marriage he was in habi:s of in-
timacy with the family. Mr. and Mrs. Gill always
appeared to live together in the greatest harmony,
aad constantly manifeszed towards each other the
utmost affection. Witness knows Mr. Aubrey; he
married a lady considerably older than himself.—
Witness does not know her age, but he should sup-
pose her to be upwards of 50; he should take Mr.
'Aubrey to be between 30 and 40. The two families
used to visit each other; remembers Mr. Gill taking
up his residence in the county of Herefora, three or
lour years ago. Has had ample opportunities of
seeing the conduct of all the parties, and he never
in his life saw the slightest appearance of im•
propriety in the conduct of Mr. Aubrey toward
Mrs. Gill.

Ann Morgan lived at Hereford in the latter end
-of the year 1817; knows the house in which Mr.

Aubrey lived ; the back door opens into Powsey-
lane ; she saw a lady soon after Mr. Aubrey had
taker his house, come from Hind-street into Bowsey-
lane ; this lady, was Mrs. Gill, and she went into Mr,

Aubrey's house at the back door ; she had previously
seen Mr. Aubrey look up and down the lane. The
door was opened by Mr. Aubrey. The lane was
very dirty, and it is a lane in which ladies of respect-
ability do not usually walk ; she was dreised in a
scarlet pelisse, a black hat, and a plume of feathers,
and had on a very long black veil. Witness, on her
cross-examination, said the lady must have seen her
husband, who was Mr. Gill's coachman. Witness
then lived in Fryaf's-gate ; she has since lived in
Colt-lane; people might say that she kept a bad
house, but it was not true. Witness is married to
Morgan. In answer to a question by the Judge, she