Star.
London, England, 1816-01-31 00:00:00

7-11-7

..• . , ,
lo
to tlst .defkadant Noah ndtica
You *ill find frotYkthe evidence, thit whilst captain
Harvey wits at Cheltenham, and as -yet totally un-
coascloswof the injary aboht in he done him, and
not even iuspectipg the impeeffing evil, Lieutenant
tither, of the commencement of whose acqqaintance
With Lady H. the plaintiff is still ignorant, went to
the house of Mr. and Mrs. Seer, Kirby-street, Hat-
litugawden, This was in Iday. He took lodgings
there, and iu a day or two after he came to Mrs. SeTr
And told her that he had been privately married to a
lady of rank and fortune; that all the lady's Mends
were ignorant of their union except her brother, and
that he eepected she would come to his lodgings the
neat evening. Mrs. Seer, not suspecting any thing
amiss, acquiesced, and, as it would appear y her
testimony, Licly Donors Harvey-came to her house
,on the 3d at June, where, under the name cf Mr.
Usher's tv:fe, she slept that night in the same bed
with bim. The next day she went back to Mrs. For.
sepia's, sit 4ensington, and from thence proceeded'
in a day or two to Clielteuhath with her husbands
who bad returned to meet her. She continued with
him nntil the 22J of June, when Captain Haraey,l
first suspected any thing against his own honour by
seeing a strange gentleman in close conversation with
her, and the same day she disappeared. 'rum Chel-
tenham she proceeded in company with Lieutenant
Veber 10 Mrs, Seel% in Hatton-garden, where she
passed the night of 'the 23d with him. She afterwards
was; to the house cif Mrs. Fonaph, and after a short
stay there, she returned to Mr. Usher's lodgings,
and 'litre was every reasmi to bzlieve that she coati-
, nein' to live with him up to the day at his arrest on
the present action. These are, Gentlemen, (said Mr.
panucey) the grounds on which this case rests ; they
`will be stein n to belure you by most respectable and
impartial witnesses—persons wt.,o, except from
ac-
quaintance, are unconnected with any of the partici.
I will not, Gentlemen, as is often practised on ncca-,
skies like the present, seek to increase the damages
(by making a violent appeal to your passions. You
are men of sense aid understanding, acquainted with
life; some of you,,' presume., are husbands and fa-
thers, and youlare, therefore, most competent judges
of what the fee Tings of a liesband and lathier must be
at, acting himself deprived, in the manner 1 have de.
seribed to you, of the wife whose society was so essen-
tial to his happiness, and of the mother of his dills',
upon whom there will remain through We a sort of
stigma, which, it is self-ivident, it did no: deserve,
and equally certain it cannot avert. t will now pro-
ceed to'examine the witnesses to prove the statement
I have made. You will lurm such a judgment of
their evidence as the egnscientidus discharge of your
duty shall suggest.
first witness vas Mr. John Burden, viho
proved the registry of th? mairi:ige of Captain and
Lady Honora Harvey. They were married on the
la of April, 1809; Lady Honora Harvey was then
only twentf•two years of age.
Mr. William Crespigny prayed, that he was pre-
sent at the marriage on the day mentiont s He hint-
self did not altogether approve of the match, nor did
he think it was Take pleasing to Lady Honora's
friends; however, they 'arterwaids became s
and Captain Harvey, who then belonged to the 18th
Hussars; was soon appointed Aide-de-Camp to Lord
Cavan. Alter their marriage, as far as this witness
Captain Haryc7 zn4 his Lad, continued to
bye flh' die most affectionate terms.
Mr. Charlton is a surgeon, he was an intimate ac-
quaintance of Captain and Lady Harvey, and war
in the constant habit of visiting them ; often five or
six times in the day. Lady Haim was a young,
beautiful, and accomplished woman ; Captain Har-
vey appeared a very fond and attentive husband, and
thyy seemed_ to live together in great hartriony. Lady
Honors possessed a large property, nearly 4900 per
anii*, in her own right. This Captain Harvey
did net claim on his marriage, but suffered it to con-
tinua at her dispnsaj,
Mrs. Mary forlityth hues it: Kensington, knew
Lady Honors Harvey from her infancy, heard of
het mars iage with Captain irvey. They fr cqtiently
visited at her house, and remained there for some
time. She never saw any man and wife live more
amicably. Never knew them to qunrrel, or heard
that they were in the habit of doing so. Lady Har-
vey ;acne to her house on the 25th of May last, hum
Hastings, op ter way to Cheltenham. Captain
flaryey came in a. few days after, and brought his
'child, and proceeded on to Cheltenham to prepare
lodgings. etc. After a short delay in Cheltenham,
Captain Haryey returned to London, and took Lady
Henley with him, and witness did not see her after-,
wards until she had heard she AMA at Mr. Usher's.
lodgings. .
Mrs. E. Seer proved, ,abut Mr. Usher came to ber
house in Eirby-street, Hatton, Garden, in the latter,
end of May and hired lodgings.. In a day or two
after, Lady Honora Harvey came, end witness NM
told by Lieutenant Pater, that ibe was a Lady of
rank and fortune, whims • he had married privately,
and that aone of her friends know of k but her
brother, Mrs, Seer believed this, and made no ob 7
jection-to her coming to her house, Lady Honors
slept on the night-of the 8d of June, in the same bed,
With Lieutenant Usher. She left the Imp the next
day, and returned again on Or 234 when Ow slept
with Lieutenant Usher as before-
Mr. Gubbin proyed that Lady Harvey was in the
regular receipt of neaely4Booo loom, which she
'held in her own right. •
• Here the plaintiff's case closed.
Mr. Serjeant addreSSed the Jury on behalf
of the defendant. He said, that in every case of the
same nature as that which they bad just heard de,
tailed, the great and only question which a Jury had
to decide, was, as to this wawa of the damages to be,
awarded. He knew that the verdict must, of nets*.
sky d be given against* his client; but he trusted be
jititald be able p? lay such proofs before the Jury, as
*wild convince them that heavy' damages, if, indeed,:
any but nominal ones, were not called for by all the
circumstances of the present case. To entitle the:
plaindr to compensation is; damages for the plea-
sure andlappines: lost, in being deprived of the so.
ciety of his wife, he should have proved that he hod
Jost pleasere and happiness, and that he had sot,
done •sob any fault of his own. if Has," conti-
nued the Learned Set `
east, 44 the plaintiff done so to
support this action 1 lie has, indeed, brought some
witnesses; respectable, no doubt, to prove thit he
lived in harmony with Lady N.; but, Gentler:nos
th," !Oil* was not so intimately fo.P°.,ItSl with