Star.
London, England, 1827-08-07 00:00:00

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mlettstanto, Lady Aatley Wass eesideat with him. That, situated I choose his own time for answering a case for which .bet.
tabs was, he needed advice and assistance, and bad consulted Sir had already bees allowed the amplest time of pre-*
Robot Swale accordingly, by whose advice it was that be (Cap.
titration.
talc Garth) returned into the country to see his father, 0 I s .. . s
Gin ; bat that the moment he had done so, the defendant took Mr. Justice fluartooot said, that though he con:
ty
advantage of his *home, and endeavoured to traduce him In the demned in the strongest manner the'terras used by the
opinion of lady 4tAiff, se well as to make improper advances to defendant in his affidavit, wlrtn alluding to the other
her Ladyshlprohlek s repulsed, and complained of to him (Caps
affi!it.eiti which %sere this day preferred, yet, as he had
"in Garth) "CO kat romped front the country. Disgusted at this
tutted Lteutetta„t Colonel Gatwoodof the Firtsittlrely Su brit that the delay he had made would env
misconduct, he had
10th Hussars, upon the course which he ought to pursue on such an Whim to retffiftoiheir statements, the Corot could
mashie, whea the Colonel reconlinended him to hold no emirate! 114:11 see how his application could be refused: At the
nlcatioa whatever with inch a person as he had described Sir IL Steel' ( 2
'samiCiaii, the defendangnust be aware that any delay,
to be. That it was upon his refusal to bold any further eornunicas for ..
take
of
tthe
tine with the latter,that he received the insulting letter see forth in the
ildictment ; that copies of this letter Were put on the table of thq }tint ; and that above all, nothing could be mitre in-
Weymouth reading.room and circulated also among Captain Garth', juritius to him than to Ole utaf to the impetuous db.;
friends in Dorsetshire. itie deponent swore that the Insinuations
position of using violent and indiscreet langisagt. It
against him In this letter were false and unfounded, and that the
he ventured to do so in the interim, he might be limited.
money alluded to as being lent, was 51. which the defendant required
to be paid to him to bear his expenses back to Weymouth, from it Would be remembered when his punishmentivis
whence be bad come to town as the friend of Captain Garth. awarded; and it was most incumbent upon him to take
The attend affidaeit was from Dame Georgiana Caroline AstleYs care that nothing of the kind escaped front him, by
wboswore that she bad heard in conversation from Edward John writing, publishing, or otherwise, while the indulgence
Iliward, solicitor, that Sir Robert Steele had imputed to her acts
of the; delay was granted to him.
of unbecoming levity with him, which imputation she declared to •
bq false, calumnious, and unfouoded. And she solemnly denied Sir Robert Steele, who bad entered the Grand Jury
oat she had ever encouraged or tolerated any improper freedom or gallery, assured the Court that nothing was farther
indetottun from him. That in the end of last December she was fiorn hi. intention than to make an improper use of the
residing with a female sertant at the St. James's Hotel, Jermyn. ,
delay. All he wished was to have the oppottnnity of
greet, white Captain Garth WAS gone into Domoshire, as she be.
lieved by the defendant's recommendation, to see his father. That answering the affidavits already put in; and an far was
the Captain bid left Sir Robert at the hotel as his ariest, until his he from desiring that any thing prejudicial should take
retUrti; but that a few hours had only elapsed from his leaving place, that he meant to apply to the Court to prohibit
town, before Sir Roliett took the opportunity to speak insultingly ..
of bias, sad to talk easavasptacnoly of Captain Garth's mind, sod sli ex parte publication of what had this day occurred,
thicauiteavour to ammo a familiarity with her, which she in. until the proper time arrived, when judgment most be
'.; and title return of tea Captain, made him pronounced upon the deliberate merits of the .whole
tie, _
re, when Sir Robert Steele was finished case. As to what Mr. Sergeant Wilde had
. . . . .
-, and r-

steady. relected,
acquainted with
comPelied to leave the hotel.
The third allidavit was from Edward John Howard, the plaintiff's
sehteury, . wile deposed that be had paid Si. to Sir Robert Steele,
It to defray his expenses. leek to Weymouth. The
liimitts admitted to him that his conduct bad ben indiscreet
Lady Astley, during Captain Garth's absence, but said, in
extesthitiost of it, that a man was not always master of hinestif in
the realm of a lovely and accomplished woolen. lie (Sir Rohm)
then preceesied to dveaupon the partiality wbich the Ladies gene.
Vshown to him, although he did not ascribe it to any peet
idotitectiena. The deponent declared that he felt disgusted at
dot *Moat he which the defendant bad spoken of the attention"
whit% the Ladies had bestowed upon him, and particularly of the
eassiablee *inner in which he bad spoken of the levity that Lady
/ethyl kid *two to him, without as he said,, his having given en-
omamouseot for such conduct. the deponent further stated, that
d.h Sefgpclint had subpoenaed Lady Astley as a witness on this trial,
theists he knew she was in an ill state of health, and cos* only
have beets actuated by a desire to karats and wound her feelings.—
Lady. Miley bed been is this manner brought to Dorchester' by the
sehrens 0' the aereisdant.
When these affidavits were read, the Cover addressed
the defendant. "You have heard these affidavits ;do
Youi now with for time to answer them; and oit *hal
grounds?" . • ~ .t
I_l
Sirßobert Steele—Assuredly I do, my Lord; but
do not see bow I can answer them at the present assizes,
The pasty who was actually present at the, greater p#4
Of dos proceedings alluded, to in these affidavits,. is 4
military Gentleman, who is at present at Portsmouth;
hod he could give a total contradiction to the affidavit
saftkh the unfortunate Lady Astley has been induced
to Meer. .I havedikevrise I letter, written to me by Mr.
Howard (who has made osse of these affidavits), who is
Captain Garth's attorney, subsequent to my.return to
the country, which I am anxious to put into the handl
of the Court.
The Counr —Sir Robert, if you can shew, by any affi
'davit, that you know and believe you can put in an
answer to the affidavits which have been read against
you, and must have further time for preparing it, you
shall have that delay.
Sir Robert Steele—l am quite ready to do that, My
Lord.
Mr. Sergeant WUXl—But at least More entitled to
expect that he will swear he believes he pin give ad
answer to them. If he does this, on the pertof Captain
Garth sir have no objection to the requisite delay. At
the same time, we ought to have the assurance that stab
an answer is likely.
Sir Robert Steele declared his pet feet readiness to
make the strongest affidavit which Captain Garth'p
Counsel could dictate; but upon being informed that
he must resort to a solicitor of his own for that "purpoie,
he retired from Court with that view, and returned'!
half an hour, with an affidavit, which set forth, that the
affidavits made by Thomas Garth,.Esq. E. J. Howard,
and Lady Asiley, were full of erroneous and Moe).
lons aspersions upon his (defendant's) character, and
that he should prove such to be the fact if allowed time
to get the affidavit of Edward Jonathan Steele, who had
been continually with him, and Dame GeorgiansAstley, 1
dining Captain Garth's absence in the country. That
affidavit, he swore, would be most material for his in-'
truer, and calculated to remove the unfavourable ins-
presSion of his conduct which the other affidavits were
calculated to•convey.
'Mr. Sergeant WILDE put in a counter affidavit of
Captain Garth, in which the latter deponed,' that Mr.
E.:Jonathan Steele had already,, as he was Inforaied
'tad believed, made some affidavit respecting the con-
'aikt
,of Lady Astley, before the Mayor of Weyinoutb,
• its cog of which cipt.., Garth hid in vain endeavoured
to obtain; but this torFirsisitnee skewed that the de-
pendant could 'not twie bile taken inpripared, as the
perUm whose inforMation he now said he:wanted had
already made himself busy in the matter, in the, Was%
ritready stilted. Thi 'learned Sergeant complained, is
• strong terms, orthe cooiseperiued by the defendant cia
the present occasion. He had never given noiicetoibt
eiresecutor of his intention to plead guilty, fiat?' on the
contrary, allowed him to proceed to all the expense of
preparation for trial, and had compelled Lady' Miley
to attend the Assizes, though she was in a bad state of
. health, and though he could have had no occasion
whatever for her attendance. Was this like the con-
duct of a man who felt he had any defence to make,er
that he could arrange any claim for indulgence ? Ths
Court could not, he (Mr. Sergeant Wilde) was persuade 4
accede to a proposition for postponement of judgment'
under such circumstances as these. 'll it were granted,
the consequence might be that this course of libel.
lous publication would be resumed until the next
Assizes—that is, nine months' time would be allowed
for the further promulgation of libels, to an individua)
who had already liberally availed himself of the oppon.
tunity which had occurred since she origin of this trans-
action. Why did not Mr. E. Jonathan Steele corn
forward this day with affidavits, as he had done tiefoik
the Mayor of Weymouth, and endeavour to perform
. the .service for the defendant, at the time he shots .
se, which it was nowsaid be was likelytodo at! tato
..' via? ittileed,:sO litfle 'pre.pared-wruirtairi gm
r the course taken on the present Ociiiims tiftba'
or
dent, that he had not had any 'affidavits Prepared i
item i;;. and It was only Mlle Utarse'of the moiAlin
that, at ting upon a wisiiparlhat .the defeirant Wool
- -- - • - ' * thleilistiofir ilLa
.v,

prosecutor. and

said of the expense he had pui the pro.ecutor. - par;
ticulatly the bringing down Lady Astley to Dorset
shire, he bad this answer to make—that the advisere
of the Lady had given her all thispouble; for when
her Solicitor had written to him to say, that unless the
money for het; travelling expenses were lodged, she
would not attend the suisrana, and when he had not
remitted any money f r that purpose. he concluded that
she would not have taken the trouble of coming down'.
His original object in subpoenaing her, was to obtaid
evidence which he thought material for his defence; but
when he had abandonecrthe idea of acceding to the
deposit required by her Solicitor, he bad no idea she
would have been brought down. He had already
stated the reasons why he had pleaded guilty; and at
to the delly being intended to defeat justice, he had to
assure the Coin that he had no idea of producing' new
affidavits, until his Lordship informed him that be
might do so.
Mr. Justice BURROUGH again reiterated his recom-
mendation to the defendant to abstain from publiihing
any vittiperatire.matter connected with this trial until
he was brought op for judgment. If he ventured upon
it, he would feel the folly of his proceeding in the sp•
irisafion of his puniShment. If the prosecutors pub•
fished,. then they Would feel the same result to attend
their interests when the judgment wai pronounced.
It, was then decided that Captain Garth Uflossid have
a fortnight from this date to file new affidavits, ii be
thought proper; that the defendant dunild be idlovred
a month alter that fortnight. to answer them; and that
in the case of one pet son Who Wks out of the collar'',
tile same time (brie months should be allowed Captain
Garth for procuring his affidavit, giving notice of the
same to the defendant.
The bail on which Sir Robert Steele Was it large,
having surrendered him, and not appearing to renew
their recognizance, he obtained a short time from the
Court to bring in fresh sureties. In the mean time, he
*Ntered into his own recognizance. and was 'directed
-in; his bail to the Judge's chambers, before his
left town.

sio4ipkifilq, he. had prejaried: ?n Ai'sp"ti
• , -'‘AthAa,ll)tilalth.hafl. 61_1,i,.____.4.10-
sitaimstaams.*Amems&thg 40.A-Alirk
low a defeettast to take advantage of a pi