Star.
London, England, 1804-12-10 00:00:00

L. !IP IrTll ..IfIGENCE.

• MET OP SINGS BENCH, DEC. E.
CRIM. CON.
011Ogrzt CitvwYst v Puti.l.ll. DIVIIVIS.
Mr. Cuawoon opened the pleadings ; he faid it
kas charged, tat in January 1796, and at divers
ewes fincc that period, the Defendant had criminal
knowledge of the wife of the Plaintiff : the damages
were laid at 20,0001. Defendant pleaded not
guilty, and thereupon illhe was joined.
Mr. Ease:es, for the Plaintiff, faid, that his client
left England fir the Weft Indies, where he was en-
gaged in perilous and meritorious Cervices, for the
proteaion of the rights of-this count' y. The Plain-
tiff and the Defendant were of the fame name, and
It Mocked him to add, that they were brothers.—
When the Jury had confideted the foundation on
*hick this *aim was fupported, they would moll
ferloully regret the mileondua of the Defendant could
wit be made the ground of a criminal proceeding ;
that, intlead of involving a mere pecuniary compen-
Onion, it might be placed under the cognizance of
the penal co&, as a heavy mildemeanor. Hefeared,
Id eeprefented at this moment the mat unfortusate
itifividual in the Lug catalogue of the human race.
Vehen the Plaintiff married, on the 3d of Oaobert
vB7. be was a Lieutenant in the 43d Regiment of
Mt, which, at a future period. he was appointed
to Ono Ha Happesing to be quartered at Wind
or, be becaMe acquainted with the accomplahed
Nils Mary Gladwin ; his paffioas were loon enflam-
aar and he klicited her guardians to confent to his
temeriage with this lady ; their concurrence was not
L'tied, and an expedition to the North removed
ratione to his happinefs. A reconciliation
ohltist
ly took place, and perfea harmony was
Offered. Poletior to this time the regiment was
&dr kd to Ireland, the Plaintiff went over with his
wife, and continued there for a confiderable period,
iti i late of uninterrupted felicity. While they were
Os the Weems Ifle, the Plaintiff received a letter.
illforkeing him of the arrival of his brother in Eng-
tbsdr In confequence of this event, the Plaintiff in-
thodbeed his brother into his regiment. fire in the
rink of Kafir, and afterwards en the &maim of
fialietertant ; and he alfo received bito with all the
Wigs of traversal affeitioseinto the-hams of hi
inlay, Both the brothers wore natives of the illand
Ire& IS t 797, the reginseat was ordered on i
fervice. The domethc alkaioas were now
,e reread' for al ,tcrval, at the loud call of ptth-
doty ; the Plaintiff. quitted Ibis country, leaving
I wilt to the care of his brother--and to whom
aid the be woe properly confided ? for the Plain-
' bad not mill the claim teething from natural-
te
le, bat from &hale, by the fervices rendered
Defending, to facilitate his introduaion into life.
er Ms daps tore. the Plaintiff was isfmmed, his
had vifited. with his brother, Bath, 'Sant, and
elivities ethos places of public amokusent and diffi-
oinks. She complained in her letters of indifpofition;
dlti bet hatband had (met ton mach teafon to be-
te. that the was then pregnant of 1 child, of which
nsald not be the father. Some infubordination
prevailing in the regiment in the Well Wiese from
sage it
awas unneceffary to explain, mai Ca-
=became his bitterel enemy. his Officer ex-
coatietsed malice. and challenged him to
light, an offer which the Plaintiff bad the fortitude
to vejed. He was brought before a Coart Martial
his eefefal, and was honourably acquitted. At '
, the General could be rettrained within no limits
-decency ; be Welted the Plaintiff at the head ofi
regiment ; they met, they fought, and Cameron
a triable to his own impetuous paffions. Mill.
y la therefore thefe cafes is estremely rigid ; in confe-
quesce, of this affair, the Plaintiff was re-
moved from his command. Thus circunsflanced, he
returned to England. and by the Duke of York has
a appointed Affittant Barrack Matter, in which
capacity he is now liationed at Nevrctille-upon•Tyne.
Oa trolifiting England. he flew to the arms of his
wife, having no caufe of fufpicion—fw who rodelfvf-
reertber ? She then refided in Wales with his
; be went there, and they all came to Town
together, and engaged a faire of apartments at
Pladoag's Hotel. He °braved, that flie did not ac-
company him to bed at the ufual hour, and if the
brother were out at unfealonable time., the waited
for him, end thr. ght it fufficient to fay, he had been
Itccuttosned to this attention, end now expefted it; but
'ceche PLsintiff's mind was difturbed by no jcaloufy.
One night, however, he bad fallen asleep, and wak-
ing, did not find his wife by his fide, he 'truck his
repeater, it was three in the morning ; be then came
down, difcoveled his wife with a candle in her hand,
opening the door, and his brother making his efcape
out of another door of the fame room. He then
charged her with improper behaviour, to which the
Made this reply—Wbm, Sir, art yew Jr bale 01 10 fril:
lita NW usieb pot brother ? The anfwer teemed pericaly
neural, for all the moral feelings of man, at the very
idea, become its a slate of revolt. In eonfequence
of this accident, he deemed it necelTary to make en-
eleitiei; thefe, as the jury would hear, by the de-
pofitioas of two witnede, domeeics in the family,
terminated in the fatal difclofure, that after he obey- I
ed the mandate of public duty. his brother constantly
nsaintairied with his will the adulterous intercourfe
charged in the declaration. " I confers (raid the
Learned Pleader), it is with great mortification I
fubmit this cafe to your attention, becasle it espofes
a degree a enormity, which difgnils us with huma-
nity Well, and difoote,, us to teflon life as
then c a pod-arum
d.
not worth our care." The witnetrcs were ulle
Isla* Highniore (examined by Mr. tri at Row J.—
), 1 am acquainted with Colonel Dennyfs, and was
prefent at his marriage with Mils Mary Gladwin,
daughter of Francis Gladwm, Efq. Receiver deneral
of ..alcutta. They were mauled at St.jantes.., Wet-
maind.cr, on the 31 of Oariber. t 787. and afterwards
lived together as man and wife. They were at my
hook once or twice. I always thought them an af-
ftaionate couple, and happy it, each other's fociety.
Mrs. Dennyfs is tho n'•:c..: ul my wife."
Mrs. Cameron;—" I am the widow of Lieutenant
General Cameron. I was acquainted wit
Colonel
Dennyfs and his Lady in 1787, immediately on their
Marriage, and continued my acquaintance with them
assn 1793. I had opportunities of ohferving his con•
clott towards hi. L.itty ; it was (itch as was becoming
&bulb-ie.!. 1 hrght flier lived appily together
Mr. Waugh 1—o" PI am tnii,,,ton h
ot the Invalids. I
am acqualcier: with ColGacl Dam) fs, of the 43d;

, - ,
I knew him prior to his marriages; I law him fre- Sore the Colonel want to the Wei In I dieskno ; w
Philip
they re.
quently after, fo often, that I can form a judgment tided at Waterford, in lodgings.
of his behaviour towards his wife—it was that of a Dinnyfs, my mallet's brother ;he fink came in the
tender and affeBionate hulband. He was but 38 year 1794 ; I lived fix months at Waterford, and then
when he married, Mrs. Dennyfs was 11 : the appear- the fatuity came to England. The Colonel conduc-
ed to be attached and allinionate to him. I mind- ted himfelf as a good and tender hufband ; there
tined to vitit them between two and three years. I could not be a better in England, behind, or any
left the Regiment before he went to the Weft Indies. where elfe. After Philip Denny(' came, I. obferved
I had numberlefs opportunities of feting in what man- fomething in the conduit of my miftrere and him ;
ner he lived with his wife. Whit I have Rated is the was always playing and giggling with him, but
the refult of my own obfervation." never before my matter. I have feen them fitting
Major Cameron.—" 1 have been atquainted with together, with his head on her bofom, and her head
Colonel Dennyfs fince the year 1796. and froth the on his; they had hold of each other's hands, toying
time of his marriage down m
. I was oil partieularof Thely together. I did not mention this to the Colonel.—
intimate with his family, and had opportunities family came to England and left me behind l;
I
&reeving the manner in which they lived. They tip. joined them in a month; I found them in Mon-
pealed a happy couple 1 he was always a moft indul- mouththire; the Captain refuted in his brother's fa-
gent and affedionate hothand." may, and they appeared to be on a footing of friends
Cr:el-examined by Mr. Gisas.—tr I was abroad with thip. I obferved foinething in Monrnouthlhire that
Colonel Dennyfs in the Weil Indies ; lie went abroad was improper, particularly my withers going into
in 5797. Ido not know that he has been embarraf- the Defendant's bed-chamber of a morning before he
fed in his circumftances. He failed from the Weft was up. When I ufed to go up to my own mem. I
Indies in 1799, but was taken patina. He lived often met her in her drefing•gown. Before the Co.
fome time at Martinique, in lodgings. He did not lonel went abroad. he was abfent recruiting. He
keep ft Mulatto woman in criminal concubinage, to went with Inc regiment to Hereford, leaving his wife
my knowleige ; I hare teen her go into his twining'. at Monmouthlbire with his brother. . She was Cup.
I have not beard front Colonel Dennyfs !Gullet( that pored to limp alone, but I made obfervations on her
he kept this woman. She had not a child by him, to bed. I have teen that two flept in it. I had no
my knowledge ; I never heard him fay Co. I have doubt—there were the masks—she bed was made
hand of thee things; I never faw them in bed to- for her, and the WAS iSippfilid to lie alone. I
gether. The woman was freqttently in the ovate; °b raved this more than once. The defendant al-
ba upon what terms I cannot, upon my honour, ps ways flept its
suifirefesbed ;there was nobody elfe
a Gentleman, fay. There was nothing in the con- in the bode."
dud of the woman which, if fairly reprefersted to On her crofwexamination by Mr. Serjeant Best,
Mrs. Dennyts, could have alienated her affedions the (aid the came from Hythe Barracks yellerday ;
from her hutband." • the was brought nut of her bed at two o'clock in a
Mr. Wm. Cbamberlain.—" I was Clerk to Meas. polk-theire and four. Upon being sliced who (he was?
Rofs and Ogilvie. Agents to Colonel Dennyfs, in the replied, a foldier's wife—a Serjeant's wife. The
1797. I perfealy recoiled when the 43d Regiment Learned Serjeant interrogated her no farther.
went abroad. Colonel Dennyfs left provifion for his Mr. Guss—" It would palliate great concern if
wife acenrding to his circumftances. He gave her it was thought I tlood op t the offence Melt,
an unlimited power to driw." or to avert the indignation you feel againft the perfon
CenfreinutriataL—.o Rots and Ogilvie would have on whom Inch an offence is fixed, by incontrovertible
honoured her drafts to any amount. whether they evidence. An I have to deGre you to dos is, that
had any aces or not. She had Soot. in the work of you will not transfer to the'defendant your nia.
one year. They never refuted her draft, to my know- tion at the offence, until you are (edified it is fixed
ledge. nor dp 1 think It probably they did." upon him by legal prout I agree that she charge is
Mrs. Brooking.—" My maiden name was Eleanor of loch a nature as to mock you. I believe the gene.
Murphy ; I went to live in Col. Dennyfes family in ral courre of manners, and the Rate of morals in this
5793 ; he was then in the county of Cork ; I went country, render Inch an arena very unlikely to have
6rft as nudity maid, and afterwards waited On Mrs. happened, and that if it has, the damages cannot be
Dennyfs twelve months longer ; CoL D ennyfs wasat too thvere. But, in proportion as this is an abomina-
-1 that time at house. There were three children, two Isle offence—as it is againft the general eourfe of he..
Ilsirls and tomboy. I had very good opportunities of man nature—as it is contrary to the manners of man.
obterving Col. Dennyfe's behaviour :he was a very kind, particularly in this country—and as the confi-
-1
good hatband, a very affelionate and tender father, dente repokd in thole who Rand in the fituation of
to an mei, a &medic man, attentive to his wife, relation has feldom been repaid by Inch a return, you
and an excellent hourekeeper—he lived in a credits- will require the &Viet and molt politive evidence—
ble manner. I was with Col. Dennyfs before his you will not be raided with that fort of teftimony
brother came from the Weft Indies. The conduit of which would be fufficiene un a queftion of pro-
his wife before that period was very prudent ; the perty, where the witnefis had po
no paßions to gratify'
I behaved with great affedion. I had lived with them on either fide; but it you find the witneffes, brought
about two yeats previous to the brother coming to prove a fad In thockin; as this is, are open to °b-
ower. Her mailer left Ireland on his brother's re- fervation : that in tome affiances they are miaaken,
turning to England, and he brought him over. Till and In others, that their tettimony is improbable : you
the time he brought him over, I never few any quer. wiU weigh well their evidence before you think it ea-
rel between them, nor any thing lode in the con. titled to your credit. Permit me firs to make a few
due of my mittrefs. After he returned, I made fe- ob(ervations on the manner in which my Learned
vend obfervations, when my usittres and her bro. Friend proved his cafe. Thofe who moved any
ther came to me to lee the children, I was at a thing material were, Nelly Brooking and MaryTay-
country houfe. They ufed to come in a poll chaife. tor.
They lived with the plaintiff at Cork, and both
My mailer left Ireland to go to the Weft Indies in (peak the fads paffing fo lung ago as 1797; and you
1797 ; I continued in the family about three or four recoiled the firlt swim& lived in the family two
months afterwards. While 1 was in Ireland I have years, and that the defendant came there, and it was
teen Mn. Dennyfs and her brother in law lying on a during that time that the fpeaks to the whet fain.
tee together. I have feen them kit. each other, and She tells you there was no fenret in what pafred.— i
I have feen them lying upon a fofa, her hand about She lays, that openly in her pretence, while the i
his neck, and his hand about her's. This was before was in the room, they were lying acrofs the bed.
Colonel Denny(' went to the Weft Indies. I never and that Mrs. Denayls
declared, if any thing fhould
faw any thing indecent when the hatband was pre. happen to the defendant the thould die, thereby
tent ; I have no rearm) to think he futpetted it i they meaning, that this Lady profetred a criminal Pal
lived in the greatelt harmony. The Colonel came fion. If this was fpoken by a witners who had no
over to Exeter before he went to the Wet Indies. reentrnent to gratify, all that could be faid would
When we arrived at Dublin, the Defendant, Captain be. that it was very extraordinary. Is this a couu-
Dennyfs, got an account of his wife's death, for he try in which it is unknown that fuch a paffion is an
was alto a married man. When be received the in.
theeoff ? if fuch a thing paffed, could it have paired
telligence he kept his room two or three days. lin pretence of a fervant ?It would hardly be cre-
frequently went into the room and law him and my dible, if the wieners was unexceptionable. and no re-
millrefs on the bed together, their hands about each Ration could be call on her c.nduil. See in what
other. it was laid that the Defendant's wife died of fituation this woman flood. Soon after the Plaintiff
a broken beast. My millrefs obferved, that if any left England. the was difeharged, as the lays, at a
thing happened to him the thould die of a broken nonplus. I leave you to judge whether, it the had
heart ton. This was while the was mourning for his been a witnefs to loch teems, it WAS pntrible Mr;.
wife. We came over to London. and took lodgings Dennyfs and the Defendant could have been fond
in Prince's-ftreet.CavendithAnare : I had no reafon ask have turned her away, able as the wa. to tell a
to think the Colonel fufpeded his brother. At Plifl. hat would ruin them in fortune alit' charader ?
ce's-flreet there were only the ufual familiat ii ice The Was it not obvious th it, float T.:Ai:mom:lt of what
Colonel remained in Lorton a month, and then went lee confide red it ireatmi.nt, the would report all the
to Monmoothfilir, where his regiment was. I re. 1 knew—what is her conduit i You never hear of her
member the Colonel's leaving England t the Defen- mentioning the Rory tilt the is called upon as a wit-
dant was frequently with him, and behaved in an nets, and gent for to :null the tad. It is incredible
affedinnate m inner. Mrs. Dennyf. was left at Conn- that. the fhould not have earlier brought thee things
tefs Ware I lode, three miles from Exeter ; it was a to light, if they had been true. - The Plaintiff return.
refidence tit for people even in a fuperior way of liv- mat to this country as long ago as Ono, yet no intl.
ing ; 1 was there with the children ; I have feen the ion Was given him till Iso4. This is not only
Defendant and my miltrefs there on the fofa, kiffing extraordinary, but intfrobable. It appeared in the
each other in a more familiar way than before. I aced courfc of the evidence, that the Defendant was It
it
to go to market two or three times a week, and my with Mrs. Dennyfs whits the Colnnel was abroad ;
minters always left out the money for me in her and yet there is no pretence fiat any familiarity fub-
room. I went one morning as ideal into her tied- filled front that period to the preh.nt moment. I
room for the money ; the was not there ; I went to admit that there might have been aof cater degree of
her dreffing room, and the vaunt there ;on return- familial ity between Mrs. Dennyfs and the Detendant
ing down hairs I law her coming oat of the Defen. than would have been proper between a married wo-
dant's bed, and he was in bed at the time i be was man and a &anger, but that circunittime has been
undreffed ; it was between fix and term o'clock in elaggerazed in the minds of the witneffes, by their
the morning.. I afterwards left the family, and re- having been fume told that fomething criminal exitt-
turned to my own country, where I married. After cd. I repeat, that none of the lads, of there had
tome time, a Lady, who kept an hotel at Waterford, been any criminality, could have ads,
f Co
enquired for me." long ; and therefore, under theft circumftaticess I
Crofs.examined.—l never mentioned what I had doubt not yon will attribute the evidence of the ler.
teen to the Colonel, nor gave him any intimation. I vants to refentnient. I can only entreat you to take
certainly thought it was wrong, but there is no ter. all the eircumitances into your ferions conGderntion.
want who would interfere between a man and his If you go along with me in the obtervations which
wife. There were two or three more maids in the I have made. you will not confider the evidence by
haute Wide. rae. I was put away quite at a nonplus; which the charge has been at. empted to be tupported
1 dare fay they pretended I had behaved very ill, in the haft degree
ammon credible."
and that they were very angry with me. This was Lord Ettre m explained the nature of the
about two or three months after the Colonel went to affirm, and then laid, " There are two 44 ic:tions for
the Weft Indies. They did not know whether I had your confideratiou : Din, if there has been fuch ern
made any nbfervations, but they mutt have known urinal intercom fe ; and if it has /sifted, what fh.otid
I bad enough to tell if I chofe it : I might be the quentum of damages
is ao ?
dmitted The extreme
h a impdsru-
have been turned away if Colonel Dennyfs had re. &Allay of fuel a connedion n all n;
mained at home. The witnefs admitted a letter, by but if you are fatisfied that the offence has been 1.0 M•
which the Col.inel afterwards traced her refidence . witted, that very imnrobabili:y fupplies the motive
In Ireland. I for the aggravation at damage• It is fingular, that
Mary Taylor—" I lived in the family in 1794, be- from amung the numerous atter dart. sun the family.

eit the V
. itioditio
, Do 4 I
' ttadaewl
i via of
&PRIM
*Re
' . lowly.
effir4l•l
to be tti
lie dr/
bie woo
osaid 9
tiff had
Woo,
d
do D
Mix b
wife Ito
tatielet
its.
iMi4 Its
hem I
. 110 .04i,
prewar
1 a oaf
=
ititiatie
far hi
tat. d
of del
Lis rq
fell •
airy 11
=Mel
mum
bola I
agog
Oa re
wife.
rill
. , ;7, , 7
=
beet(
for hi
itoct•
geld
0,, Nye
dow
tyre
out
—4
a pi/ i
met
idea
of i
eiril
Pa
ten
ed 1
au
clu
Le
fel
• •
all
at
1 ei
i
P
d
O
r
, h
f
1
i i I
II i 1
I
•