Star.
London, England, 1818-08-08 00:00:00

plaintiff. I ant aware that a kgal objection will be,
upon this ground, raised by myLearned Friend, who
will contend that this action cannot be maintained,
as the daughter did not actually serve her father at
the time this transaction occurred. I knee*/ that this
action cannot be maintained by a father whose
daughter, of mature age, is at service out of his
house. I know that it cannot be maintained, when
a daughter, under age, is serving without any special
lintention of returning soon to her father's house.—
But in this case there ar.e pezuliaricies which, I hope,
will satisfy his Lordship, and leave the decision in
your hands. The plaintiff is a master tiler. He lived
till Martinmas, 1816, in Allandale Town, in this
county. At that time he removed to Bishop-Auck-
land, in an Aher county. He had allowed his daugh-
ter to serve Mrs. Shafto for some time, but with the
intention of having her soon back again in his own
house. Besides, being a poor man, he was assisted
by part of the wages which she received for her ser•
vice. At the period at which he removed to Bishop
Auckland, he wished to bring his daughter along
with him, and was persuaded to leave her only till
next May. At that time she was in circumstances
which disabled her to serve him. The defendant
began his course of seduction by promises of mar-
riage. Those promises she did not believe, but often
repeated that they did affect her sentiments and her
conduct. You can conceive, Gentlemen, how the
solemn declarations of a man of the plaintifrs age,
for he is past 50, rif a man of his profession, the son-
in-law of her mistress, and at the very time in his
mother-in-law's house-7you can conceive how pro-
mises so made could gradually gain the consent, and
excite the hopes of a simple and innocent girl. He
made those promises fiequent enough and strong
enough for his purposes, but avoided to enter into
any covenant which could now subject him to an
action for breach of promise of marriage. Of this
man I know nothing but what I know of him as the
defendant in this case ; and if I did, I should be sorry
to glance at him beyond the necessity of this case.—
After certain familiarities had taken place, he con-
trived to effect his object. How he did so, I abstain
from detailing to you ; I dare say my Learned Friend
will, in cross-examination, lay enough of this before
you. She soon afterwards found herself in a situation
which obliged her to write to the defendant ; but he
no longer regarded her or her letters. It is consistent
with our knowledge of human nature, and perhaps
with the experience many of us must have had with
the world, that men, after a certain age, regard with
loathing the victims of attempts which are aimed at
their honuttr, and terminate in their ruin. She went

time that the had been there she let her father and
mother have part of her wages. She had sent some
money to her father and given him UMW. It was
part of her *ages. She did not leave on the lit of
May. She had not given notice. She left bn the
Ist of June, and because she was not able to serve
llonger. She wrote to the defendant the day before
she left.—she got no answer. She. was obliged to
leave her father's house and to go back to Heiham,
by the parish officers. She lived for six or seven
weeks with her aunt. She was delivered in Mary
Nichol's, at Hezham. Dr. Jefferson delivered her.
She was cross-ezamined by Mr. Toemu at great
length, as to the names and characters of all the ser-
vants, particularly the men servants in the house. It
tumed tut, however, that• the latter were marl ied
men, and had their wives in Hexham. All the mi-
nute circumstances of her ruin were called forth, but
they admit not of description. It was in his bed-
room, when she had gone by her mistress's order to
light his fire, that the seduction was completed. The
letter was all her own. None assisted her either in
writing or dictating. She fairly and readily gave a
simple negative to every question as to any other
man using liberties with her. She had not gone from
Bishop Auckland to flezham in a post-chaise. She
knew Mr. Bates. The gentleman pointed out was he.
He was a gentleman.
But what is his employment?—He is a farmer,
I believe. Is he not a preacher too ?—I never heard
him preach. Were you never in a post-chaise with
him ?—No, never Sir.
She had £5 for the first year, and £6 for the se-
cond. She had given no notice of quitting.
Thomas Pattison, butler to Mrs. Shafto, is a mar-
ried man, has a wife and family in Hexham. He by
accident observed the defendant and Elizabeth Carr
in the dining-room together. The shutters were on
the outside ; they had not been fastened back, and
the wind had driven them to ; he went to open them
and observed the defendant having hold of her round
the neck, and her hand in his other hand. He never
mentioned this. He thought it improper, but ap-
prehended nothing such as happened. He never
knew any thing incorrect in her conduct.
On his cross-examination he stated, that he was
still in Mrs. Sbafto's service, and he hoped in her
confidence. He had not mentioned what he saw till
after the bad consequences were known, as he never
till then suspected any thing criminal. lie never in
word, look, or gesture, took any liberty with her.—
He never kissed her in his life.
Here the plaintiff's case was closed.

to her father's house, but her father being poor, and Mr. TOPPING now objected that the action could
the parish officers interfering to prevent a burden to not be maintained. Elizabeth Carr had been regu-
the parish, the child was filleted. and the defendant larly in service with Mrs. Shafto ; and whatever Mrs.
in consequence F,ave a bond to the effect at least of Shafto might do, her father could not pretend to have
securing the parish from any expense. But. to the lost her services. He cited several cases in support
parents no compensation has been made. You will, of this objection.
therefore, Gentlemen, take into your consideration Mr. RICHARDSON and Mr. GRAY followed on the
what sum in damages should be given to the father. same side.
Were Itoask el fat would be an adequate onmpensation Mr. SCARLETT, on the other hand, contended that
to a father fer the seduction of his child, I should ask else plaintiff bad as good a title to his daughter's ser-
a most Foolish and vain question. No injury can be it vices as a master who should give his apprenticed
flieted upon a man more bitter and lasting, chair the in- servant to another man for a limited period.
jury inflicted on a parent by the seduction of his daugh- Mr. Baron Woon—l am of opinion that most en-
ter. 'l'be seduction ofaerife is a most grieyossainjury, * btedly this action cannot be legally meinteined.
yet it iseenalified by many eireinmeaeeedu ree•lemte Cbr sertiee isdLopinsiNe to .t. In this case
a wife subject to seduction cannot be unaccompanied the daughter had served for tevo yeers, and was in
with some alleviating considerations ; but the injury fact entered upon the third ye ire; service. I am son•y
of a father by the seduction of his daughter, is alto. for it, but-the action cannot be maintained.
gether unmixed and unalleviated. The object ofhis ,Atr:
ee.eatere-e-I certainly cannot oppose the doc-
affection, his care, his anxious solicitude, is deprived trine laid down by yOur Lordship.—Nunsuit.
'of all that is valuable, and rendered a disgrace and
sIDE.
a burden instead of an ornament and joy. lam led • DltOwlf •
tceunderstand that tha defendant is to attempt to de- John Bantbrough, aged 68, was convicted of sheep-
stroy her character in order to diminish his own mis stealing. The principal evidence against hire was
conduct. If an attempt of this kind should be made an accomplice, Joseph Scott, and the chief
circum-
I hope you will consider it an aggravation, and treat stance of confirmation, was the prisoner's dog, pro-
'it adcordingiy. Nothing surely can be a greater ag- ducel in CO an which had taken the sheep. His
Lordship .ordered the Constable to take good care of
gravation of the deepest injury which can be inflicted
upon a parent than to find the hoary and laborious the dog,' 3.4 a dangerous animal.
seducer attempting to prove the unfortunate girl's James Ifindaugh (convieted tef robbing his meter,
character worthless before he made it SQ. I am by breaking oper a desk). and JON itemenmels were
aware that my Learned-Friend will not give me ano- then placed 'at the Bar to. receive sentence of death.
cher opportunity of addressing you, and I therefore Both, most widely different in age, trembled and
dwell the longer upon this subject. I hope the case cried for mercy in the most piteous meaner. Ins Lord-
will go into your hands. You will consider that a ship, with hit usual solemnity, thus addressed them :
girl previously blameless, beloved by her parents, LL You, James Hindaugh, stand there, at die age of
and affectionately contrtbuting to their support, was 21, to receive . sentence of death.—eyrisoner—O,
seduced and ruined under the cloak of ranctity, which mercy, my Lord ! Mercy, mercy, my Lord !J
has often, too often, been used to cover the worst of- Jueue.—"• Do not interrupt me. The Jury who
fences, and that this was done by a man of consi- found you guilty, and the prosecutor whom you rob-
derable fortune. You will consider the injury to the bed, strongly. recommended you to mercy, and your
feelings of a parent; as well as the loss of service to sentence will be very greatly mitigated. Let that
the master. Indeed I am confident, from the elm. mitigation excite your gratitude, and confirm your
racter of the gentlemen whom I address, that they penitence. While you in secrecy and darkness per-
will view this case as I view it, and consider it one formed the wicked act which has brought you into
of the most aggravated cases of seduction that can your present situation, you knew not that you left in
be laid before a Jury. the lock which you picked the means of your con-
Elizabeth Carr was called into the box, and exa- viction. You believed the picklock to be entire. Yet
mined by Serjeant Hveeoce.—She is a very simple, the point which was then broken off, flashed convic-
modest-looking, and rather interesting young woman. tion on every mind. It was the voice of GOD warn-
She said she was 18 years of age when she went to ing you all to beware of deeds of iniquity and dark-
Mrs. Shafto's house. That was in May, 1815. tier ness. Your friends are highly respectable ; you
father went from Allandale-town to Bishop Auct- supported yourself by your own honest industry.
land at Martinmas, 1816. She knew the defendant. None could hold his head higher than you once
His wife had been dead half a year when she be• could do. Mark your altered condition. Your
came acquainted with him. He lived at Walwick- friends are bowed to the earth with shame; their
hall. Ile visited often at Mrs. Shafto's. He had hearts are harrowed with pain for you. As to
three children, the youngest then about half a year yourself, you may yet almost recover what you have
old. He often came to the house when her mistress lost. It will require your utmost care and per-
was from home, and stayed in the house making love severance. Let it be seen by your future conduct,
to her. Between Martimas and Christmas, 1816, he that you possess the feelings which are now supposed
came with his whole family,, and stayed some days. to fill your heart with penitence and gratitude. You,
He had with him his children, two women servants, John Bambrough, arc far advanced in life, and stand
and two men servants. Being pressed to state some with hoary. hairs waiting a sentence of death.--[Pri-
partittilar expressions he had used, she said that he soner—e Oh! my dear Lord, mercy! mercy! mercy!
' had often declared that they (defendant and witness) my dear Lord!"---Judge—e Do not so interrupt me.
should never be happy till they were married. One The sentence that is to be passed on you will not be
' day when sitting together she moved to go on hear- carried into execution. It will be mitigated so far
ing one of the servants coming ; he said there was a as I can feel entitled to recommend its mitigation.
I day coming when they would not be afraid who saw You have a wife and a numerous family. What an
Them. Before he had come with his family, he had example you have been laying before them! Make
' always been twice in the week at the house, often good use of the indulgence that will be shown to you.
' More frequently. Her mistress was often from home —Remember that there is an eye that seeth in dark-
. a week or ten days. His visits were more frequent ness, that has now exposed you before men, and that
L in her absence. Elie had a male child born on the will hereafter call you to account for all your deeds!
• 2cl of September, 1817. The first time that he had Repent—make your peace with GOD, and prove your
been too intimate with her was when he brought his sincerity by your future conduct!"
family to her' mistress's, between Martinmas and The sentence of death was then pronounced. Both
Christmas, 1816. Her mother had been seeing her the prisoners bowed, as if insensibly, with the utmost
the day that they removed to Bishop Auckland. It reverence towards his Lordship.
o' was then settled that she was to go to her father's in James Kelly, aged 79, imprisoned for perjury, in
May, and it was her intention to do so. Duriog the a giving evidence at 411 was net indicted