Star.
London, England, 1803-07-08 00:00:00

miles and a half diftant.

The Defendant is now

about 24 years of age, had front his infancy been un-
der the care of the Plaintiff; in his fchool-boy time,
had always palled the holidays with them, and when
he was an apprentice came there as often as he could
be allowed. When his appreaticefhip had expired,
the Plaintiff and the Witnefs took every polEble pains
to introduce him into bufinefs, and procure him or-
ders : the Plaintiff allowed him to convert part of
his houfe in Birmingham into a wareboufe. The
Plaintiff and his wife had afterwards quitted Bir-
mingham, and lived at his houfe in Harburn: until
the lift two years be confidered them a very happy
couple, and never knew a more domeftic man, or a
better father than the Plaintiff. For the laft year or
two, Mrs. Smith, without any apparent reafon, be-
came moR indifferent to her hufband, and inattentive
to her children, which circumftance defiroyed the
happinefs of the Plaintiff, and materially injured his
health. She often expreffed her unhappinefs, and
wifbed to feparate from her hufband. Neither be nor
the Plaintiff underftood or fufpeited the caufe of this
alienation of her affeilions: they fuppofed it was mere-
ly that the did not like living at Harburn. The Plaintiff
immediately propofcd taking a houfe for her fome-
where elfe,but not liking any that they faw,he gave her
leave to buy what furniture fhe pleafed for the Louie
at Birmingham. The Witnefs dined with them at
Birmingham the day before the elopement. Up to
that derhe never faw any man more attentive or af.
feaionate than the Plalatiff. Since that event he has
fuffered the greateft nnhappinefs, and has been totally
unable to attend to his ballads.
This witnefs was crofs-examined by M.Casst Lis—
(The objet of the croft-examination was to afcertain
whether the plaintiff had not been guilty of culpable
remiffnefs with refpea to the exceflive confidence be
placed in his wife and the defendant). He, however,
declared, that be was convinced that no fufpicion of
this nature ever entered the plaintiff's mind—that he
himfelf, although fometimes he thought be perceived
rather too much attention from the defendant, would
never cherifis in his mind an idea of there being any
thing criminal in thefe attentions—he had had fre-
quent converfations with his brother finee the month
of. July AIL in confequence of the great difirefs of
mind which the plaintiff fuffered from finding the af-
t-anon' of his wife alienated from him; but as neither
of them furpeeted any criminal caufe, they imputed
it merely to her living at Harburn, and were in hopes
that changing her refidence would reaore them both
to their former happinefs and affeaions. He alto
declared, that his reafon for not fill-peeing any thing
was, that he had an implicit confidence both in the vin.
we of Mrs. Smith, and in the honourof thedefendant.
Mr. Woolloftan was a relation, and an intimate
friend of the family, and in the habit of viliting them)
frequently; he never faw any thing but harmony be-,
tween them,, and confidered them as a very happy
coil's, war taw any thing that could have alarmed
any unanisir his wife's honour, although he bad fre•
goody hen the defendant at the honk, and in their
conplftyl be never law any thing of too great fa-
milmAty,hetween them ; on the contrary, there ra-
ther be kir appeared to be a difiance ; be never was
more forprifed in his life-time than when he heard of
the elopement. He faw the plaintiff the next day.
and,frequepdy fince. The event had certainly caufed
a great agitation of his fpirits.
pre his crofswaamination, he faid, the defendant
was entitled to property, which is now in Chancery,
to the value of about soca. The ages of tbsparties
are, the plaintiff about forty, his wife foloewhat turn-
ed of thirty, and the defendant about meaty-four.
Mrs: Dudley had lived as waiting.womaa in the
plaintiff's family for the hit eight years; the never
during that time obferved any thing improper be-
tween the defendant and the plaintiff's wife, nor ever
fufpeaed any thing criminal between them. On the
Lath of March Mrs. Smith left the plaintiff's houfe ;
on the day before there bad been lonic company to
charier' and Mrs. Smith. being unwell, retired from
table. end went into the many ; her hufband loon
followed her. and relied her affwaionately to take a
glare of wise. which Ote reftalkd ; be alto wanted to
lead fee medical *Stance, which alto Ike declined.
She went to bed that night at ten oPeloak. and
the winters to underftand that the was enga to
`'bend the next morning with hCfs Bolton, o ;
the next morning the came again into the nurfery,
kited the yossopfk child feveral times, and bid bet
take care of its between ten and eleven the west out,
giving direaions that if the did not return by (even
o'cloek, they &sold fend a coach for hit; he never
faw her fusee; her miftrefs was pregnant at the time
of bee eliment.
On cravenusination, the declared the never ob.
*reed any particular partiality between the defendant
and Mrs. Smith: they walked once or twiceog7rer
to the theatre, and two or three times t in
paying evening vifits to their acquaintances. The
is of the hoofs talked a little of their being fo
enact together, but it did not lirikr her as spy Ong
extraordinary.
On being re-examined, he hid, the never law a
fonder or more affectionate hatband.
John Hayward raid, he was employed to purfue the
defendant. tie let out on the a i ft of March, and faw
them at Edinburgh on the :Sib. He lodged oppofite
them for about three weeks, and afterwards eon-

vetted wit! the planar, from whom, assetell aifaint
his own oblervation, he learned that they cohabited
together. There. was but one bed in the lodging.l
they had taken. Helearnt alto that Mrs. Smith mif-
carried in Edinburgh.
Mr. Price, a Magiftrate in the neighbourhood of
Birmingham, knew the:plaintiff for many years, and
had always eonfidered him as a molt affeCtionate hut.-
band and good character. He vifited often at the
houfe, and law every appearance of domeftic heppi.
nefs. He was never more furprifed than when he
heard of this elopement.
Mr. ERSKINB laid, he could produce many more
witneffes, but he thought it would be wafting the time
of the Court to go into any farther proof.
Mr. Cum.'s, on the part of the defendant, Rated
that he felt extremely the difficulty he had in full:fin-
ing his client's cafe, when the fire abilities of the bar
were employed againft him,and when he was to fptak
in mitigation of the enormity of a crime which had
been fo ably painted on the other fide. He Mould,
however, contend moll decidedly, that a jury fitting
to award a compenfation in damages, had nothing to
do with the enormity of the guilt on the part of the
defendant. If the law is defeaive in the point, by not
affording a mode of puniffiing the crime of adulteryas
a rnifdemea nor,and onl y allowing an altion fordamages
fußained, this defea in the law could not be cured at
the pleafure of a jury. They had no queftion to rj,,
but what fum ought to be awarded as a compena"
Lion in damages to the perfon complaining of an in-
jury? The cafe that he was inftruaed he fhould be
able to prove was, that there had been fo marked an
attachment between the defendant and the plaintiff's
wife, for a long time, that he ought not to have (of-
fered the defendant to continue fuch a conflant vi-
fitor, and that he fhould, either by gentlenefs or au-
thority, have refrained his wife, and faved her from
ruin, and himfelf from the misfortune which. had
fince befallen him. If it Mould appear that he was
culpably remifs in (offering this great intimacy to
have fubtifted fo long, in allowing fuch frequent op-
portunities to the defendant, a mere boy, at that time
not above twenty-two, be conceived it muft very
much leten the damages a Jury would otherwife
give. How this cafe would turn out upon the evi-
dence he &mold produce, he was not prepared to fay,
and he was afraid to flats fads Rrongly, which, per-
haps, the witneffes would not confirm. He would,
however, produce a letter from the plaintiff to his
wife, which would prove that he had intended to fe-
parate from her, and told her the next.poft mould
convey this refolution to her friends. This letter
proved that his comfort was defiroyed before the
elopement.
The firft witnefa called on the part of the Defen-
dant was a Mr. Bracken, who was married to a filter
of Mr. Smith's, and lived at Moor Green, at a Own
diftance from Birmingham. Mrs. Smith ufed fre-
quently to vifit there in Jan. 18w, and from that till
March; the was often accompanied by the Defendant.
The fire of there vifits was to fee a fick brother of
hers, who died in the witnefs's hook ; they never,
however, Raid late in the evening ; he rem:Meets a
converfation between the Plaintiff. aad his wife in his
Mrs.
at the warehoufe, in Birmingham, when
Smith complained to her bulkand, that Hits
Bracken (the Defendant's filter) had mentioned to
the Defendant, that the great auentios between him
aad Mr. Smith were much obferved. Ms... Smith,
at the Clone time, cried bitterly. and Aid; if Ihe had
not one of the belt of hullatods, Inch mien would
nuke her miferable i the thought it weld be lard
that the might not be allowed to have the attentions
of fo near a relation without a foandaL To which
complaint her hatband replied, " do sot main yow-
-1 Pelf nneafy, it is all ridiculous talks as you, may be
Cure I do not believe a word of it,' I bops he, will
continue to be as auentive to you, as ufual.' , This
witnefs (aid, he had Moat( obferved a fetnilitinkr
that he thought improper.. bat did noottafra it had
come to any thing criminal, end tisongbt a woe Apo
delicate a fubjea zo saensioa to thejlaintilt, .
Being crofs-examinedu he Aid, headset the lull
radon to fuppofe that the Plabstitheilmintbarbour-
ed a fufpicion of any thing oriaasele. eilvdmase , lad '
converfations with hint about ihe nottEß*o ble lan
latterly, and has not is doubt is bis windbag' thashis
,alisaation of her aireaions from bar hitibeadorilidl
rraeafad his nnhappinefs, was produstdaserely.by the
..crieninal attentions and forduaion el the Defendant a
'he knew the Plaintiff to be a moft • affsaimmte WC
band and father, and a very simnel* teed. .miner'
kredi no pleafure but at house. lines this bellblefs,
boiwever, his happinets hes been entirelt. delbeted.
~ Mr. Bird laid, he vifited at the family ofeba.7l•l*-
'tiff, and for the laft two yeses there appeared to him
N be too much mutation to-ehe plaintiff' on diesi=
ei Mrs. Smith ; he..bovrever. did not thee
.atty liana crintingith hilt thou tin there appeared a
grows.ls al the advantages- of nf Plano in the *Rd it Ws. Smith, filch as,
peafrequent opportunities,
abd.
,x pottbly lead to the event which has now hap-
Beirg crate...sunned, fetid he was fare the
' tit never harboured a fulpicioo of his wife : he
was one of the laft men in the world that would have
connived at his own difhonour & be always confidered
him a aloft exemplary hatband, and indeed, a model
of per iety.
XS Bird has known die Phititit end his wife,
vile
feeds fince their mania end before it. She admit.
ted The might in eottverfation have made sib-
fervations to the aintiff on the impropriety of per-
'.asitting ftrong friendfitips betwesta, fingle men and
married Wlllatli 3 but, if the Paid fo, de fpoitagelsei
rally, without any idea of alisding to his. Oldies:
examination, the raid, Ike never in her life law a bets
ter hatband or father than the Plaintiff, sad the bad
,always foam of bins in that light.
All the witaetes on both fides agreed that they be-
lieved she alteration of Mrs. Smith s condua latterly,
both to her hatband and children, arafe merely ham
her guilty attachment to the Defendant.
The letter was then read from the Plaintiff te Ids
wife, mentioning &parades. This letter wpm ex.
treasely long, and written in a molt *teammate Rile.
It was a ftrong remon (trance from every confideradon
which his affsaion, her duty to her children. her ctn.
raaer, and her happinefs both here and hereafter,
could fiaggeft, to induce her to change Per cozdnet,
and be again a good wife and mother. The latter
was well deferibed by Lord Eeesunaoue it as ewer
tier airwine pings lie liftmen mild With our for.
Pi 1016 f '
• lam ir 11or•
,Tfla letter will (covey the dlittelre
a my said. was my hasp am a• that I eau find le
Mese ars& 711. Is prieNyes he Ihme *NI SW vet al+

&C. you, for I tan hardly entertain a raw at hope that my A/cr-
y-a:ions, which have been fo rep..atedly difregarded, wid make any
impreffivin on your mind; howascr, I think it a duty I .we to you,
to myfelf, and our daddies, the common Aka' of our care, to
endeavour, if potfible, to difpet the norm which threaten. to Molt
upon you, and reader us all unhappy. Confider thee how you
ondanga your own happinefs. However.at the prefeut moment
'tau may defpife the opinion of your relations and fame, friends,
De affurcd that the time will come, if you cad °lithe proteaion of
your affeCbmate hatband, that you will molt hartilv repent your
preterit raikanduiff, to which alone it will be owing, if you are now
repeated from ate. As to thole remarkable ideas that you have
copra's.' as loving fotitude, be anted of this, the pkafurcs of fo-
litude arc merely chimerical, and would very ill replace the tender
affeetice of your huthand, and the duties of a mother. As a hut.
band, lean matt folcnmly appeal to Goo, that it ham ever been the
ifrongdt with at thy heart to fie you hippy, and had it pleated
Providence that we mould live longer together, fuck would dill
be my brit with and endeavour. ffut if my endeavours mould be
ineffeaual, you Zooid at lead confider your children. Can you
bear that they ball be always aftlided when they think of their
miforable unhappy mother t When I complain in this manner of
your general conduct, and point out to you the contemn:sees it
mutt produce, do not fuppofc I mean to impute to you any perfo-
nal criminality. The heft proof I can give that 1 harbour no fuck
fufpicions, is, that I now addrefs you. Independent army (itch
futpiciao, I have matter fuiliciently (aims to urge aga, you.
—Why do you deny me thole rights phkk Goo and sum have
given the marriage Rate t Can you rapport that any man can ho
contented to live with his wife, enjoying only the mere name of
Intiband t You midi therefore think that reparation mutt be the
emlequence of your raik.onduCL I mutt therefore ware you of the
difgrace and ruin Which mutt betel you in cafe of our reparation,
and I mutt again recall to your mind the particulars of your mit-
canduet. Initead of !hewing the lead contrition for what is pea,
you teem to be astray. watching opporttlaines td give ma finds
provocatious--hardly any thing eau actor that TM do noutrretr
agalnft me as charges of extravagance, tyramsy, and iaja
I have many friends that know am lonlinately, and have known
me long I can rarely and coaldo appeal to them whether
diterrt thole attehtioes. But, ftippoftec I did d&xve them, is it
the part cia wife tot* my canna* awake Bat, to pats over
every conaderatioo of my loniser% owl even of your's, without
mentioning any thing of the ties of alhition. or door former hap-
pinch, 1 matt appeal to your feelings as a modier.whether Toucan
b-ar not only the contempt of your children, but the
rft scoffs-
(aims they make wild! yen for the catinetion at protpeds
in fits f May may well fay, their meeker by her mill:coda* fetter-
ed their Woes mind sad hie mations, and prevented them fowl
receiving the patrimony which t ay had a right to cape* from a
ferber's cart. Are you prepared to hoer this grooved ? Your
childtas arc now growing up; sad are of an ice to make °brava-
! thew. Baldwin (the eideft fa) has made °bravadoes. I have no-
ds* Win se urge, bet tameeroure pad met convey to you*
[fields the sews of the feperation which you have fo ohm de.
manded. How weft your frieeds,hars will the Deitor (her brother)
fed, when he heirs that his lam km Gs degraded haodf ha to leave
her kteleeed sod her children ?
(Thie we melee to oar Readers Ms Sart Maple or doe of the
molt Welting letters that we can remember to have bond read ]
MIS letter was produced, on the part of the defen-
dant, to blew that be had talked of Imitation, pre.

T

_
violas to the elopement. -
Mr. Emirs role in teplyi and was evidently Co
affetted with the cafe, and with the letter which had il
been jail read, as to be hardly capable of freaking ;
he at length ezpre&d lifdf as follows: " What-
ever I doll fay in reply, mull be inoft weak in tom.
parifon of what you have now heard t—yriit have ,
heard the language of that behead, and that fattier. 1
I cannot feel is ffrongly as be ; and yet I declare 1
I never was, is my life, more allotted with any cafe
that came before me than the prefent." The Lawn- 1
ed Counfd then perfettly agreed *kb Mr. Cad*
the Counfel for the defesdent, that it was ent.their '
province to pobilli the moral relief the olfealling
party, but only to give compass:inn is Ismit to
tbe injured. He regretted with hisLeennedgekad, t,
that there was fuch a deb: no lima* km %Able
Wye.% that the grata of allpetiblethifdthesmisei
, . . not be ptuutbsd as a insfsbibmonr, hat ad,
• - ; by a civil affirm. He flisuld that prat ail
• !• • of moral derpayseacy. aid pelilk w-
ilt of the qaekhaisalfAhoeild,pal. iserldel-
• leth as sroatkla=tetons 'Mew
ire , ' Aioshi indeed. lidmoolti
St& diskay
pen
disk 44ba • they .belleoeifical.
woubLemopenfate the yllikeilfifordie • =Via
.kukoisaut in the total weak, opiu hit
• • I If any.other fort of obsl ONO 4 elsittesielki.
if say perfoo galas freas ;spa a* plekaforeintes.ll •
,• a pittsrer 0r;1ytht#440111,4404440... b. re
lOW
Theism Rated io die rem& • peek*
ad agallive •T so stilakair.4oolllll4ollo.l4oobika
o sac Otisetwaftis to IPSO mai* asiebt
items soslitoodeso that it god& brelinips -lap
if C awn *mid *di* a vsipimad-stee
.his hoofs, that &chit Pa l* foli oi es al
or children•vad thus fay-•v" Ima iterilb ailkallor
what can you net from me 1" lie malt eillsorries
in ether cafes, IriamPrifenigisa.• ...The* 026'
Etlkaa. • was at great lesigtklital in the Aw
stet animated and eloquent : be Oily
tide:woe fart up as a very higitaggravailos otiose.
Lord Eiiswioaouu a delivered to flee iota Juse
able charge. in the courfe of which, sineag many '
ensiles things, his Lorrithip .braved to the Jury, ,
bent this wasops of the MA 041/1411111011iteitil
injury, as be tNpikt, that wet woe piaresunelv
Plaintiff complained of the greed injury. '
be &Rained in domeltie lifer sad it was done.
ria:megbat pedal who. of A amakind. to •
it, sad who owed his the :or .
1 for it appeased that the Melotiff had taken pj,tha
Doi iylmit sietplum. oftheage of. szoseloakt t ..
fu !run his ebildlood. sand Pm iliti.
, • I seapolosed him into lifer and piano in s
•Sroy of molthig his femme. The rotors for k.
01
Ite thrill's:l6ff of the adisilielt milk wife, and
of her honour, worths vaia ewavated ett
e to heroin fee ling thateotddise conindatid
ifociety. Ho was attended.to by the_Platadif
1 y hlatiacfs all his life-tise, and die alma
garsiZe for it was skdsprivaitTlikenefatter of
all the m M
melon which I agni .Is its Sate
of thingsr the foals Oki* loci *mild
have to decide NW. . *lra hi the afe to
mitigate. in say
ad
that ought to
=he
fall upon him, d wild *s was entitled to
receive for Inch eo_ispitr sod as this. It
was laid that the Pb ought he hate teen the af.
&Ilion which was growing op bathes the Defen-
dant and the Plaintiff's *de i but k sus proved that
nothlail_sfreand Witt Wok. tint blight to alarm
the filipielalt of a sea of beam' I tad et wits t• he
obferved, that a sea of bassesed iamb as the Phandff
was proved to be, woe die la* ilea to be libely
to (aped -that. inch a rufous si the Deiessiant•
who °god him fir spas, ollligetions. einald at all
difhonoveldni ; thithe was the lail Mu likely to dif-
cover the d4race Olds wife ; but if die Jury found
the led any blameable indifference for the vir-
tue of his wife ; if they found that the Plaintiff bad,
by the Imperfeltion of his condo& towards his wife.
which his Lordthip laid be did not fee upon the

■

• lacoee, that might be taken for the enitigatine of 1
damages A certain degree of this imperfedlion of
conduit had been imputed to him, and it appeared
that the only complaint againa him was, that he
was not (efficiently attentive when his wife had bees
scouted of partiality to the defendant ; upon wbie'.4,,
Ike addreffed him with tears in her eyes, and on that
occafion he participated with her feeming fenfe of
the iutlice of the imputation, and gCACrollily de-
clared his entire fatisfaaion in the purity of her ho-
nom., upon which expreffion of his honourable con&
deuce. be furnifbed her with reafonable motives for
future good condud. It appeared that this was
twelve years after the marriage, in which the wife
had received the moll indulgent kindnefs as well as
the children, and this entitled him to the warmeft af-
(onion from her. If however the Jury could fee, al-
though he could not, any circumnances of inatten-
tion or remiffnefs in the plaintiff's conduit to his wife,
they would give the defendant the advantage of fich
circumtlances, in the mitigation of damages in this
cafe. But he would fairly own, that he did not fee
any fuch cireumnance, nor did his Lordfhip anent to
the doarine which tended to eftablifb, that a man
was culpable if he fuffered a relation to go to the
play with his wife, or alloWed her, under any circum.
fiances, to be accompanied any here without being
prefem himfelf: loch a reflraint would render con•
subial life abfolutely intolerable. A perfon might
be forbidden, if this was the rule, from allowing
his own neareft relatives from accompanying ,his
wife any where in his own abfence, whatever his cir,
CUIIIiiinCtS or avocations might be. His Lord.
;hip thoujhr, that the confidence which the plaintiff
reptiles] in his wife and his fuppored friend, but in
truth molt bitter enemy, the Defendant, he was juf-
tified in repofing—that he was jullified by the
laws of Nature and of Society to do fo, that the laws
of Nature and Society gave him a right to repofe this
confidence, and if that was fo' there was no topic of
mitigation for the Defendant; but if the Jury thought
otherwife, they would confider what was the'amount
of the mitigation. At the fame time his Lordfhip
obfeeved, that in meafuring civil damages, it was
proper to look in Tome refpea to the nate and con
dition of the offending party. He did not fay that
poverty was an &filial excels from civil damages, nor
did he fay that in no cafe was the maxim right, that
if a man cannot pay in his putfe, he mutt pay in his
perfon; but yet his Lordfhip did not fee the policy,
of a verdie by which the Defendant might be wholly
defiroyed, for that would not be any advantage to
the Plaintiff or to any body. Upon the quellion
of damages therefore, his Lordfhip obferved, that
the Jury had heard the extent of tre fortune of the
Defendant—that amounted to 3000l.—His conduit
in this attion had proved, that of that fortune,
got as it was, under the aufpices of the Plaintiff, for.
kited as it was by enormous wickednefs, the Defen-
dant was not, by any rule of jollies between men,
entitled to retain one farthing. His LordThip then
took a view of the letter, erhidt was read, and which
was written by the Plaintiff to his Wife, affecting to
ber &firs of feparation, and which, he faid, was en-
tirely owe m to her, and nix to the Plaintiff ; and in
which his Lordfhip took oceafion to obferve that the
Sentiments were all of them moral, sod tome of them
risen d4iified, and did the Author the higbefi credit.
Be isoW ppcontre ting the found morality which
that hew aiseaii.d with the unhappy laxity of the
aaarals is unitises. canary ; aor could he help Paying,
that la addition tooorphyfical force, we have a mighty
leakiest imiltweisr of aroma is the men.' imamate
of kwininshimats...-Thus his Lordfhip made an apo-
logy few, as a dignifies, hot which he mold not help
eneeehig ism The probability of this cafe was, that
She ildrs wife was ass* to blame; but that could
:be Wwitstefe for the Defendant; he ought to remember
lilies* owed to the exionsonity in general, and what
amain,/ tothePlaintiff isparticelar,and he thouldnot,
under soy eircumlinsees whatever, have lent himfelf
ors int s• lis attrocious as iris; he ought to have re-
lirnined hisefelf from the indulgence clone emotion
It ; he wits bound to do Pis, by every religious, sno-
• anitiocial obligation. Under a full confiteration
vide Age cat, the delirwaion of the bemuses of
let Plaintiff, and the IDA immoral conduit of the De-
laidene, the Jury wouldetsafider the cafe, and make
VD the Plaintiff fuch compenfation in damages (as far
as warp can compenfato), as in their deliberate judg•
tweet sod found diferetion they fhould think fit.
The jury deliberated a few minutes, and found a
verdia for the Plaintiff, damages soool. being, as
wee of them Paid afterwards, all the Defendant was
worth, and that they &odd have given more if he
was worth it.