Star.
London, England, 1827-02-20 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLUS, Fee. to.
Amos. C0111...412• M.OOlll *MIT. WLT. a. t1110)1611 adhsta,
Mr. SCA RLICTT, Mr. Sergeant 'EA DOT, Mr. Cosmos
tIaNOZANT (Denman), and Mr. Base. appeared for the
sntiff; and Mr. Sergeant VAUGHAN, Mr. Sergeant
ILDIL, Mr. BROUGHAbt, sad Mr. HUMPHRITS, for the
defendant.
Mr. Um opened the pleadings. T..e declaration'
stated, that the plaintiff in Nis cause was Sir Jaeoh
Astley ; the defendant wars Mr. Thomas Garth, who had
seduced, and l.eld criminal conversation with, the plait,.
tilf's aide. To this he pleaded 4. sun guilty."
Mr. SCARTATT tutted the tale to the .7ury.-4 has
the honour to appear for the plaintiff in one 14 thee
cases which, had ha regarded only his persenal feeling%
be would bate been the list to bring int') a Court oft
Initice. He seeks to recover such comy..rdeatioe *eyes
may think that he Is entitled t‘ who has lost not only
'the greatest comfort with which the life. of man cap he
blessed, but who has last the mast af:•ctionate wik
by the seductiol and the arts of. dn. defendant. Cues
et this kind have, in 'the present day, unfortunamly
become so numerous, and the cousequr ne-s of these
have been so often !nadh the subject of discussias,
.that I know not whether an Advocate would beater
treat a subject of this kind by merely stating the
(acts, or by esedeavoutins to point out the enormity
isf.the offence, the greaunis of the injury, the wound it
has indicted on the husband, end the breach of faith in
thit moral order of society. I think I shall n tbe ae•
eased of trespassing on the roles of good taste, wheel I
Amigo from turning a case which has now become so
biteatnen into a subject of address. Centlemen, t shall
therefore make no such attempt, bet shall at once pro.
teed simply astute the facts of the case, and to call oar
you to mal.:e to my client that ample compensation
to which the wrongs be has sustained entitle him. It
is not unusual for the advocate, in eases of this kind,
to dwell on the demerits of the defendant, even where
they have no immediate relation to the plaintiff's caw.
I do not intend, however, to pursue this course, and
shall not enter into any discussion en tie peculiar
conduct of the defendant, except so far as it immedi.
ately relates to the injury that has been inflicted on
the plaintiff; that injury is the only point you have
to consider, and the only criterion by which you cm
awed compensation. Sir Jacob Astley, the plaintiff,
is descended from a noble faintly, and his mentors
sat in the House of Lords: he is the po-sessor of
olendid fortune, and of an unsullied reputation. During
period be was pursuing Lis education at Oslord h

became acquainted with the Lady who is the subject
this action, the daughter of Sir H. Dun wood. a tirade.
man of high honour and character. It was at the time
of life when impressions of this sort take the deepest
stout in the heart. His acquaintance was formed during
t period when the impressions which are made are
as firmly wrought into our nature as to survive every
future shock, and impress indelibly the character of r
future life. It will be proved that during his readeses
at Oxford, or shortly after, his attachrnent was returned
on her side, with a warmth and ardour equal to that
which she bad inspired in him. lo the month of Maids,
1813, he became the husband of this Lady, with
entire approbation of his own friends and those of
Lady, under the auspices that held out every prospect
happiness in their union. Both were young, but her
was about six or-seven months more than his. The beasty
of this Lady was great, her accomplishments were -
nsarkable, her disposition and manners were the most,
tractive and captivating. They had married in pursuance
of the dictates of a most ardent mutual attachment,
their union became a means of cementing the closest
most endearing relations between their respective fami-
lies. From that period till the unhappy tune when
defendant was introduced into their house, they pit
a life of the most uninterrupted happiness and douses-
tic endearments. Sir Jacob Astley bad a large
splendid mansion in Norfolk, and there they resided
the first week alter the marriage. They than
down into Northumberland, where also they had
siderable Froperty, and there having remained
time, they returned to Norfolk. From that period
the elopement of Lady Astley, they had divided ,
lime between his mansion in Norfolk and hi. house .
town. Lady Astley, surrounded by every enjoyment,
brought her husband two children during
interval. Having everything which could gratify
heart of woman, she, in return, contributed everything
in her power to make her husband happy. Wimmes
will be called before you who will bear out the
oat I now make. So happy was Sit Jacob Astley
in the charms and attachment of his wife, that I Meow
not whether even now be has been able to divest
himself of that deep and enduring sentiment she
inspired. It has been said, and I believe justly said, .
the first passion which binds individuals together
eniformly the strongest. }list impressions generally
"the most lasting: these which follow are more an
gegetnent of the will. The first impulses of attachment
arise from confidence and devotion; the second spring
from passion, mixed up with a variety of less puce end
more selfish sentiments and cakul stioos. In the spring
erf the year 1826, Sir Jacob Astley being about to make
me new arrangements in the furniture of his home,
Lady Astley remained to superintend the arrangements;
Land Sir Jacob being down in Leicestershire, hunting, in
the cootie of the season became acquainted with Mr.
Garth,who bad &hewn him some civility in powering for
him ape& ef barriers. Lady Aide,. en her arrival at
her town house, in Lower Grosveeior-street, lived there
till June. Mr. Garth, a Gentleman very much engaged
in the fashionable world. kept up a degree of splendour
and a magnificeoce of eqsipage boyead the ordinary
.means of Gentlemen in his profession. He called on Sir J.
Astley as a tnere matter of ceremony; and this was the
first time he saw Lady Astley. The resek was an invi-
tation to the house, and be became one of the feriae
visitors of the family. Hie atlantic*. to Lady Astley at
first excited no observation; there was nothing relllWtk'
able in them, nor seytking et her conduct. whirl 4,400141
have been wrong in any person. Towards Jane of last
year, the general election came on, and Sir Jacob was
induced to make an adventure on the Borough of Sea-
ford.—a thing he would not probably have done had he
known as much of that Borough as .I do. He Icift town
about the 6th or 7th of June, accompanied by *Gentle-
man, and alto by a Clergyman, an intimate friend of the
family, and who lived in his house as Chaplain to the fa-
mily. He failed in that contest. Up to that period Mr.
Garth's attentions had been continued, and were, in-
deed, more evident, by his becoming a mote frequent
visitor in the House; but Lady Astley mixing freely in
society, they were not main remarkable than those of
many other Gentle men, and, indeed,sot more distinguish-
ed than wit fairly to be espeeted by a Lady of Iser se-
consplisboxents and affability—pet mom to fact, than

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*bat were due, as well to the set iogeoaral as to the
N
,•liar charms of this Lady in particular. Sir Jacob
Wei was obliged to leave town shortly after to attend
the Norfolk election ; this was a thing arising meets*.
or out of his great property and influence in that
co„nty. During this period, in the month of June,
Lady Astley resided in London. Mr. Garth's atten-
tions became more marked, but yet not so much as to
cam any apprehension. He was generally in the
habit of attending the evening pasties of Lady Astley,
nnd olaccompanying her to Vauxh ill. Any otverva-
von on this would, however, have been extremely in.
decorous. There was, in fact, nothing to excite sus-
picion, that anything improper was carrying on be-
tween them. Sir Jacob returned after these two elec-
tions, and it became necessary to make arrangements
for the turnover. It was the wish of Lady Astley that tEeir
children should have the benefit of sea air; she seemed
to prefer the coast of Sussex, and selected Worthing for
tbeir summer residence. They were accordingly sent
them The Yarmouth Races were approaching, and
sr Jacob Astley thought himself called on, from his
fink in the county of Norfolk, to patronize them by his
presence and support. He wished Lady Astley to ac-
company him, but she declined to return with him to
Norfolk, alleging her desire to join her children at
Worthing. He could not deny an indulgence so reason-
able and apparently harmless, but which was, in reality,
for the purpose of carrying on her intrigue. He left
her, therefore, under the expectation that she would join
her children at Worthing, and wi h the intention of
shortly following her there. Previous to the Yarmouth
Races, the Rev. Mr. Dashwood came to London' and
be made some remarks on the intimacy of Lady
Astley and Mr. Garth. It struck him rather curious
that Mr. Garth should be so close an attendant on

Lady Astley and Miss Actley ; he spent his mornings
with Lady Astley, and after being of her evening parties,
accompanied her to Vauxhall. About this time he was.
much surprised by the receipt of a letter from the
Dowager Lady Astley, intimating to him the unplea-
sant rumours which she had beard. She stated that a

deodetnan of the name of Garth had been seen so fre-

mien ly with Lady A. that their acquaintance had ex-
cited remark, although sh, did not think inything had
taken place between them. Site did not wish to wound

the feelings of her son, even so far as to induce him to
suppose any intimacy subsisted between these parties;
but she was determined that he should be apprized of
it, that he might have an opportunity of putting an end
to what might very probably be even groundless ru•
mours. She accordingly wrote a letter to Mr. Elwin,
a conference was had upon the subject, and it was
agreed that Mr. E. should go to Sir Jacob Astley, fear-
ing Lady Aslley under the protection of his brother, in
order that he might take such steps as were necessary.
On his arrival in Norfolk he found Sir J. had just seen
a letter, which being in his mother's handwriting, he
had opened, and from which he had got the first infirm-
done( this unf atunate affair. He had scarcely recovered
from the shock when Mr. Elwin arrived. The first

question, fur he had still the most undoubting confidence
in his wile, was how he might most effectually retrieve
her from the slanders which had been spread abroad,
and it was thought best for Sir Jacob not to take any
steps himself, but that the most advisable course was to
dispatch Mr. Elwin beck to London, with a request to
Lady Astley that she would join Sir Jacob immediately.'
Mr. Elwin lost no time. Immediately on his arrival be
made this communication to Lady Astley, and it was
arranged that next morning the carriage should be
seedy, and she would take her departure from tows.
She expressed the greatest desire to remove herself
from these aspersions: Under this persuasion, the seve-
ral parties retired to rest. In the morning, Lady Astley
did not make her appearance. Search was immediately
made for her, bat she could not be found. Suspicion
fell on Mr. Garth ; inquiry was made at his lodgings,
and the report was, that he had not been at home thanl
evening. Inquiry was made of a watchman, whose
box was near Sir Jacob's house, and he stated, that
he bad seen Mr. Guth's carriage drive up about half-
past twelve o'clock at night, and that be had seen some-
body get into it, when it drove rapidly off. It is
sot necessary to pursue the matter much farther. The
next day but one the parties were seen together ; they
passed the night after together; they then went to
Salt-hill, and have been living together ever since.
There will be no difficulty in the proof of the adultery,
because the fact of their living together has become sm.
tains. The previous acquaintausee of these parties
was not lung, but we all know perfectly well, how tree
it is, " that the best part of virtue is discretion." If 'a
woman once lends a willing ear to the arts of alse
due*, his work is half done. We all know how moo
the fence of virtue is sometimes broken down, and an
irreparable stigma east upon an hotmurable woman.
The defendant found this Lady surrounded by every
comfort, having two children, a husband who had never
given her any .cause for distress, a fortune spim.did
even in our times, a family of the highest Ilistmetion.
In this state he found her, happy beyond the usual
lot of wales. IA what state has he now platted her?
He has plunged her iato the lowest infamy and de-
gradation ' • deprived her of her splendour, her children,
her husband,l, and her home. It may be said that .Lasit'
Attley has fallen a too easy victim. Every woman who'
falls, falls too easy a prey, and we cannot define the
measure of their resistatee ;• but we all know there are'
Men who, from diet-knowledge of the world, and from
their destitution of every honourable frinciple, can
effect in a few days the rain which a man of honour-
able feeling could not effect in years. Perhaps Mr.
Garth may found his defence on some alleged miscon- '
sham of the plaintiff. No man, I venture to say, was
ever better able to meet such an imputation. The
Learned Counsel, after dwelling at some length on this
and similar topics, concluded by calling on the Jury to
aceard:setch damages as would chew the sense they en-
tertained of an offence against the most sacred obliga-
tion of mankind, and the greatest outrage which can
be committed against the happiness of man.
Mr. Orme produced the certificate of the marriage in
1819, at the parish of St. George, Hanover-square.
Dowager Lady Astley examined.--Miss Dashwood
was the daughter of Sir Henry Dash wood. Sir Jacob
had left °shard the October •previous to the marriage;
the intimacy had commenced while he was at Oxford,
and the marriage was with the approbation of both fa
!whit At the Christmas' following she paid them a visit
at their country seat in Norfolk. In London, as well as in
the count' y,shehad an opportunity of seeing their dome.-
tic arrangemmts; they lived together extremely happy ;
and Lady Astley's conduct to her neighbours was every
thing that could be wished. They had two sons; t e
'Wages' was a year old in March 1825. &eked no rea-
son to suspect an abatement of attachment on the pin cf
tuber, unt:l three days before the clopernen.—Lady

Astley's conduct to her children was kind and
the ears of then that an affectionate mother d

She was out of tows dilr wide If divtleme that Sir
Jacob and Lady Astley were in London. The first in-.
timalion of any suspicion was in the month of July last,
;three days before the event happened, and she then
thought it impossible. Mr. Elwin resided in the family
as chaplain; she addressed two letters to him—the one
to Milton, and the other to London ; she did not see Sir
Jacob until he sent for her upon this event taking place.
IHe was in a state that it was impossible for her to de-
saac. Sir Jacob's affection was not abated in the least.
Cross-examined by Mr. Sergeant VAVORAN—Lady
Astley was about a year and a halt older than Sir
Jacob, who was now about twenty-nine years of age.
Sir Jacob was of a remarkably good temper; he was
not of a particularly warm temper, nor easily excited;
she never saw anything like blows, or heard high words
between them ; she bas a house in Cavendish-square ;
she never heard any noise in their room that excited her
attention, or led her to the room ; she never saw them
she from the dinner table on account of having any
angry words; they frequently dined with her ; she had
no recollection of Lady Astley leaving the house sud-
denly to go to the hotel unprotected, and Mr. Pratt
sfotlowing her to offer his protection. Decidedly there
had not been personal violence to bey knowledge. Sit
Jacob was in the habit of visiting SirGierningbam ; she
never was attracted toLady A.'s bed-rooriby shrieks or
other cries that she heard; she never heard Lady Astley
complain of Sir Jacob's ill treatment or ill temper ; she
never heard them differ more than whether they should
go to London a week earlier or a week later; she Ise-
ver heard of any complaint of his attention to Ladies ;
there could not be happier people ; they lived in har-
mony to the last; he seldom went any where without
her. Lady Astley was at Tunbridge; she was recom
mended to go to Tunbridge; Mrs. Spark went with
bet. Bir Jacob was at home the whole of the time
they were at Milton Constable; Sir Jacob, during the
general election, had occasion to go to several elections.
Lady Astley never did complain to her of Sir Jacob's
conduct.

Re-examined—The eldest boy was about four years old.
Mrs. Augusta Spark, sister to Sir J. A:ley—She ►ived
with them two years after their marriage. During the
time that she lived with them. they wore very much
attached is each other. Lady Astley was a kind mother
to her children. She visited them often; never saw any
alteration in their conduct. Lady Astley sometimes

called upon her, but not so often as she thought she
should have done.

Cross...examined—Sir Jacob was at Tunbridge for a
short time; Lady Astley did not complain of his ab-
sence. She was at Hereford-street with them ; she did
not recollect, from some remarks that Sir Jacob Astley

made respecting a Mr. Bumford, that she (witness) shed
tears; or that Sir Jacob Astley once jumped up from
the dinner table with a knife in his hand, and went to.
wards Lady Astley. She never did see him do any
thing of the sort. lir Jacob Astley might have made
some remarks respecting Mr. Bamford. She could
decidedly say that Lady Astley's bead was not cut ; tier
brother did not approve of Bumford's conduct.—(The
witness was greatly agitated.)
Miss Astley—ln the month of April in the last year
she was at Sir Jacob's; he appeared to be particularly
attached to his wife, and his affection was returned by
Lady Astley. Sir Jacob bad purchased a house in
Grosvenor-street. Lady Astley bad every comfort in
the world ; Lady Astley was a woman of great beauty;
the families on both sides lived togethq in great har-
mony. Soon after the time Lady A,tley came to town
Sir Jacob followed her; he lived with her until he went
to Seaford, in June. The children went to Worthing
the latter end of June; her brother went to the Norfolk
Election ; she became acquainted with Mr. Garth in
the middle of May; she saw him the first time he called
—he occasionally dined there; she was in the habit of
riding out with her sister, cad going to public places
with parties; Mr. Garth was at these parties; she saw
that Mr. Garth paid her attentions; but not such as
particularly attracted her notice. They went to
Richmond and to Vats:hall. Mr. Gartb's visits were
more frequent when her brother was from borne. She
remembered Mr. Elwio coming to town ; she remem-
bered a letter that produced some agitation; and that
Lady Astley went to her bed-room, and remained there;
it was in the month of July ; they were all to have left
town together on the Tuesday morning. That weals-
went appeared to be agreeable to Lady Astley. Mr.
Garth was there the Sunday previous. During Sir
Jacob Astley's absence from town she slept in Lady
iAstley's apartments. Oa the Monday night Lady A.
was not there. Mr. Elwin was gone to bed, and Mr.
Dashwood was gone to his lodgings. Sbe caused enquiry
to be made for Lady Astley, but she could not be found,
and she has not seen her since that time. Mr. Garth
had driven her and her sister out in a chocolate co-
loured carriage.
Orolll.lll
marriage

did not know the chocolate
was hired. Her brother knew that he walked
end drove out Lady Astley ; they bad dined to.
gether at Richmond ; they got back between ten and
Mimeo, and then the wboie party went to Vats:hall;
these Captain Guth walked With her. Sir Jacob met
them at Vauxhall ; he arrived that day from Norfolk.
She did not go away with Sir Jacob; she went away
is his coach, and be went home in the chariot. She
sot go home with Lady Astley, Captain Garth
meat with bee. They went so Groevenor-etreet. Sir
Jacob was at the sapper. She went with Captain'
Garth, Captain Carroll, and Lady Astley to the
French play, and afterwards went to Vauxhall in Lady
Astley's coach; she did not remember whether &r
Jacob was in town; he was not at Vauxhall that night.
She believed that her Ladyship and herself went home
to Grosvenor.street ; she did not remember that Sir
Jacob was gone to bed ; she believed that the Gentleman
was set down somewhere; he was admitted into her
Ladyship's coach in the Regent's Park, and drove about
with her ; she did not recoil. ct hearing Sir Jacob Astley
say, the next morning, that he was in the Regent's Park,
and knew that Captain Garth was driving about with
Lady Astley. The children went to Worthing in July;
LadyAstley remained in'Grosvenor.sti eet, and proposed
joining them in a' fortnight; she did not apply to Sir
Jacob tor money for this purpose; she had no occasion
to do so; he had left her a large elm. She did not re-
collect S r Jacob saying to Lady Astley, ',l suppose
the Captain is always with yta." She octet saw a
letter to that porport.
By Mr. Sum smart —She was in the Park with LAO,'
Astley, when-the Captain got Into the carriage; he had'
been on horotback ; his horse was restive, and Lady
lAstley mid he haJ better get into the carriage. When
he drove Lady Auto, to %birchen in the phaeton, Che
,was not-in the carriage. Whem her broiler kft town for
3iMkdk, the bad ant the disktest tuspivionerf Cept.

By the Lotto Catty Justinpf.Tbere ware font
ties to Richmond; 84 Jacii6 •wilt at one of them' -1
lain Garth was aft tbft tharti /kr Jacob was not in
town at the time of the otheirthme parties. Lady Astley
had a carriage of her own at Richmond ; she (witness)
returned in that carriage. Sir Jacob was informed, on
his return to town, of those parties. There were parties
also to Greenwich. Captain Garth usually drove Lady
Astley, if Sir Jacob liras out of town ; she did not know
that Sir Jacob expressed any disapprobation respecting
the patties.

Rev. Caleb Elwin was a friend of the late Sir Jacob
Astley; he had been snore intimate with the present Sir
Jacob, and had resided constantly in the house. He
thought that they were very happy, and Sir Jacob was
a very indulgent husband, and Lady Astley acted in
every way as a Lady cf her rank should do. They
went to Leicester together, and Sir Jacob never dined
away from her but twice. He sometimes went out after
dinner to the hotel; he would stay thereabout an hour,
and then return and pass the evening with Lady Ast.
ley: He accompanied Sir Jacob to town on the 14th
of April. Sir Jacob was a good deal engaged Tv:
specting elections. Lady Astley seemed delighted with
her new house, and he never saw them happier. Sir
Jacob had a particular engagement in Norfolk in July,
and be intended to attend the Yarmouth Races, as well