Star.
London, England, 1818-12-05 00:00:00

went and told Mttddun, the Mate-bearer; Mrs.
brightman and Probatt went to tiff, and witness to
carry the chattah to Mr. Henry Brightnian, who had
just landed. Captain Kydd slept in that room, but
o n a different man.
Mundun has been fifteen years mate-bearer to Mr.
Brightman ; confirms the first part of the testimony,
in as far as Probates coming to Mr.-Brightman's
house. He remembers. about twenty-five days ago,
his mistress left the house, it was after Probatt had
quitted it. It was on. the night on. which Probatt
quitted the house, he got the watch and other things
he held in his hand. He attended Mr. Probatt as
bearer ; Mr. Probitt slept in Mr. Brightman's dres-
sing-room up stairs; witness carried the couch up
there every night, and in the morning took it back to
Mr. Kydd's room. There is a private staircase, which
communicates between the 'dressing-room and the
bed-room of Mr. and Mis. Brightman. (This witness
gave further unequivocal testimony, that a woman
had slept on the couch in question). Mrs. Bright-
man gave him orders to change the sheets ; they
were clean put on the day before. On the night of
the disco-cry, witness was awakened by a noise of
his master running down' stairs, . and calling out,
"seize! seize !" Mr. Brightman, Kata, and Nun-
dun ran first, witness followed, but could not over-
take them. At the west door witness found a night-
cap which he knew to be Probates ; in his own room
he found his"watch, neckcloth and boots. •
(;rocs-examined.—There are metrances ar.d ayas in
the house.
Kala has been sirdar-bearer to Mr. Brightmens for
seventeen or eighteen years ; eight days prior to Mr.
Probate's quitting. the house, his master and Captain
Nicolls went out to dine. About ten o'clock at night
he put out the lights and went to his master's dres-
sing-room, where Mr. Probatt slept, to fetch his
master's drawers and slippers ; he found Mrs. Bright-
man and Probatt talking together on the couch ; the
bed has curtains, but can: of say whether or not they
were within them. It was dark, so he could not see
them, but the room was small and surrounded with
furniture, so that they must have been on the couch.
The ADYOCATE•GEKERAL then argued against the
letter's being taken in evidence, as it was not proved
that his client had written them: they had neither
date nor signature.
Mr. Fzuousson replied, that the letters bore evi-
dence for themselves ; several of them to be sure had
no signature,but the hand-writing was not attempted
to be denied ; that the person they were addressed to
was called Harriet, Mrs. Brightman's name; that
they spoke of Charlottee, 'Mrs. Brightman's child ;
that they spoke of R. being jealous ; this B. every
body must see was the initial of Mr. Brightman's
. name, and one of them was signed Henry, the defen-
dant's Christian name. Under all these circumstances.
he asserted th the evidence of these letters.was. as
good ar if they had been written and signed before
witnesses. The letters moreover were shewn to Sir
A. Buller, 2.1 hours after the discovery was made.
Mr. Kinsey was again examined, to prove that
there was no Harriet i.: the house to whom these let-
ters could he addressed they were found in Mrs.
Brightman's bureau b> Vh. Bri;;l:tman ; thinks the
letters arc certair.ly Probatt's.
i(The letters were adn:itted merely as collateral
,
or uence).
The AnvocATE-Cr'!..a.s:, then rose to address the
Court in reply. Ile laid great stress on the difference
' of criminality which existed between the case then
before their Lordships, and the one which had oc •
curred a few days previous. If we looked upon it
in the abstract, there war nothing of that aggravat-
ing nature which his learned friend had insisted upon;
in fact; it was one of those common-place centers,
• which came before Courts of Justice every day, and
no plea had been urged to render extraordinary da-
mages. The plaintiff was certainly a man of respect-
ability, but it w'ts a most extraordinary thing, that,
with the exception of Mr. Wilson and Mr. Jones,
whore evidence was but very limited, no man of his
own rank in life had been hret:ght forwald to prove
the terms upon which he and his wife lived. The
rest of the witnesses were his ship Captains and de-
pendents, and (wit these gave evidence only as far as
they could judge from seeing the parties on a convi-
vial Sunday meeting. How happened it that none
cl the numerous inmates of his house, who must of
course be better acquainted. with his domestic habits,
were not 'brought forward to prove his domestic fe-
licity ? and none of all the evidench say any thing as
to the character of the .:-om.rl, whose loss is held up
as so irreparable. Mr. Brightman is stated as a hos-
pitable man, but his hospitality seems to have amount- •
cd to no more than a good-natured profusion, and
his hospitable mansion was more of the nature of a
hotel for peolde in a lower rank in life than himself ; •
when all this is considered, the Court must be con-
vinced, that if Mr. Brightman ha's not criminally con-
tributed to his own dishonour, he has at least been
culpably imprudent in not having used any means to
protect his own honour and that of his wife. Mrs.
Brightman is stated to be a well-educated woman ; .
these were not society for a woman of education.
.She is stated to have been fond of admiration and
flattery ; here she is left exposod to a double portior
of both. The Learned Counsel on the other side had
laid great stress on the letters ; now he thor;ght that
these were much more in favour of the defendant
than the plaintiff, as a woman who could be seduced
by such ridiculous jargon, which would almost dis-
grace the pages of a modern novel, could be of no
great value as a rational companion to any mar, and
consequently was not worthy of vary exorbitant da-
mages. Had Mr. Brightman done justice to Mr. Pro-
batt, he would not have allowed a young man in his
situation to have partaken of the luxuries of his house;
and, at all events, if a man who has a young, vain,
chatty wife, will indulge himself after dinner with
a skinful of claret, and wind up in the evening with
brandy and water, he must expect such accidents.
The Learned Counsel here quoted Hans Carrel as
an adjudged case in point. The Advocate-Gene-
ral then proceeded to refute the opinion of Lord
Kenyon, quoted by Mr. Fergusson, g' that a man
who cannot par in purse must pay in person." lie'
said that Mr. Probate was poor, and that heavy da-!
r• ges must confine him to prison for life—a punish-
anent by no means commensurate with thecrirrie, as
Mr. Brightman's loss was bet very trifling, indeed ;
and if punishment was the end proposed, the crime,
in this case, had carried its punishment along with
it, for he could wish no man so great a punishment,
its to be chained for lite to such a woman. He then