The Statesman.
London, England, 1818-12-09 00:00:00

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with him to the South of Frani*, and at Tours their the parlour, Mrs. Clitheroe said—" Sit !own!
my
acquaintance with the Defendant commenced. The dear ;I hope you have had a pleasant journey."
Defendant was the eldest son of Mr. Peters, the! William Pritchard, another servant, proved that
banker, a man of large fortune and of the hietelti Defendant end Mrs. Clitherne were together at
respectability. This young man had been himself &IMO, in November. They eloped in December
married to a %sealant° whom he was tenderly attach- is a post-chaise. The Plaintiff's child was at school
ed ; but bad had the misfortune to lose her. In JetS•s;+ in London. The witness went in August last to
1816, he went to France for the purpose of dissh forges, in France, where he found the Defendant
pacing his melancholy, and at the house of* frit444V•4oll Mrs. Clitheroe living together as man and wife.
in the South of France, was introduced to the PIA, ".flefle went 'with a Mr. Thompson, who had a cite...
tiff, about February in the same.. year : this was one lion from derEcdesiastical COWL to serve on Mrs.
mi,iitti after his loss. He was received by the Plaits- Clitheroe. 6. ts•
tiff with kindness and hospitality. The Colonel, Mr. Thompson proved-that be served the dtetion
while at Tour', had his only child with him, a boy on Mrs. Clitheroe, in France, on the 24th of 'lune last.
seven years of age; and the Jury would feel that he The Plaintiff's Attorney proved that the Defend'
could have no suspicion of haring his marriage bed
ant had suffered himself to be outlawed before he
siolated while his wife had a child seven years old
gave instructions to his Solicitor to defend this action.
almost invariably by her side. The intimacy which Mr. Serjeant LENS made an able appeal to the
Hbsiated induced them to travel together. They Jury in behalf of the Defendant, whom he described
-sent to Marseilles, Toulon, Switzerland, and Ge- to be a terry young ran, who had been drawn front
sem Having made the tour of Switzerland on a his duty by a- weasan Many years older than himieif:
footing of friendship, they returned to Dover at the It was not, he contedled, so bad a case as that oilseed
end of the year. Mr. Peters then beard of the death by his Loomed Friend.
of his mother, and Colonel Clitheroe invited him to The Cott:" JusTacs of the Comwow PLE is summed
go to the house of his mother. The Defendant ac- up the evidence miqh,his usual accuracy,irld, ex-
cording!), went to the Colonel's mother's house, preseed,en opinion that sufficient evidence of the cri.
end some, lifter Colonel Ctitberoe removed to mina! condUct of-the parties had not been sfrktilnitl ;
*shill Barracks, where he had command of the et ibe saMe'time, he Considered it a most aggravated'
military depot. Mrs. Clitheroe remained with her ate. A gallant Olffcer, who afforded hospitality
etother and went to Worthing, a circumstance, and friendship to the Defendant, had been basely be.
which gave the Defendant an opportunity of, trayed in his absence on duty ; his wife torn from
'veining her happiness with the Plaintiff. In the him, and his child deprived of.a mother. There was
spring of 1817. the Colourl teak his wife with him no extenuation in the case, onless it could be found'
'to Bexhill, and it was remarkable that the Defend- in the ages of the parties—the Defendant being some
mat never visited Mrs. Clitheroe at Bexhill in his own years younger than Mrs. Clitheroe. He left )het
game. Re was received by Mrs. Clitheroe with Jury to say what damages ought to be given.
Welcome in the ah.ence of her husband, who never The Jury returned, verdict for the Plaintiff—Da-
suspected his confidence had been abused after be mages 30001.
.ter 4
• ,
left his wife with his mother. It would be difficult
to Ss the ezaet time the adulterous intercourse cm-
ammed, but the Learned Serjeant observed, that was
not a material circumstance for consideration, as the
Lady had eloped and was then living with the De.
fendant in France. Ile should prove, however, that
on the Sth, the 6th, and 7th of July, 1817, when
the friendship and intimacy was supposed to be sub-
aiming, the Defendant disguised his name to scram.
plish or carry on the adulterous intercourse. On the
sth of July, the Colonel was compelled by military
duty to proceed to Windsor. The Defendant on the
morning of the day. after the Colonel's departure,
went down to Bezt.iil, and told the servants he had
a letter for Mrs. Clitheroe from Mr. Peters, which
he must deliver himself. In consequence of this, he
was received by her in the parlour, under ciecum.
stances which proved the criminality of her conduct.
She had previously told the servants to pot clean
linen on the bed in her chamber, to gather flowers
in the garden to adorn she bed-room, and to go to
bed themselves at ten o'clock. She sent also for that
cook, and gave directions for a dinner ; she wart told
not to conic up to interrupt her, as she should have,
a Gentleman with her. All these orders would prove
that the adulterous intercourse was pre-concerted by
the parties. The Defendant came between five sad sis
o'clock in the evening, and was received its the parlour
which led into the bed-room ; he remained there
until two o'clock in the morning, and not one if the
servants saw him go aw,y. In the morniag be went
to the inn to dress, and returned to ditto** Ole re-
mained there the second day in the same manner.—
On, the third day he escort at nine o'clock at night.—
It would not he difficult to infer that the act of *del.
tery was committed during the three days, bat the
subsequent conduct of the parties made that question
of less consequence. The person of the Defendant was
known to the servants at Bexhill by a black patch on
his cheek, and he was some time after identified in
France by the same mark. Upon the day when he
availed himself of the absence of the Plaintiff, and
was received by Mts. ditherer., he should prove that
Mrs. Clitherne said to him—" Sit down, my dear, I
hope you have had a pleasant journey." This was
the brief outline of the case, and Mr. Serjeant
Vaughan contended that it called for exemplary da-
mages.
Wm. Allen produced the Register of the marriage
of the Plaintiff and his wife, at St. George's, Han-
over-square, in February, 1809.
Miss SaphiaClitheroe, sister to the Plaintiff, proved
that her brother and Mrs. Clitheroe lived ha;:pily from
the time of their marriage to the elopement. She
corroborated the statement of Mr. Serjeant Vaughan
respecting her brother's service in the army.
Mr. Ayres said he was acquainted with the Plain-
tiff in the early part of 1816. They came to him
at Tours. The D-fetidant was introduced to them
at his house. lie considered them the happiest
couple be had ever known.
Colonel Mercer bad seen the Plaintiff in 1815, in
Paris, but knew nothing of his intimacy, in 1816,
with the Defeudant.
Sarah Webb, a girl 14 years of age, the daughter
of Serjeant Webb, of the Guards, said, she lived ha
Colonel Clitheroe's family, as servant to Mrs.
Clitheroe, in July last year, at Bexhill. Ste
membered the Defendant coining to dine with her
mistress about the 4th or sth of July. Iler mistress
told her, the day before the Defendant came, to go
to different places and get all the flowers she could
to make the bed-room nice. She ordered her also to
put elan bed-linen nn. The Plaintiff's pictuie was
removed from the hed-room, and Mrs. Clititeroe's
put up instead. This witness was ordered not to sit
to work in the bed-room, as she usually had done,
but to go into the kitchen. Mrs. Clitheroe made an
alteration in the bed-room by putting her night-
clothes in a silk bug. The witness saw the Defend.
ant with her mistress is the month of November, in
the absence of her master. The servants consisted of
a conk, a groom, a footman, and herself.
Jane Scott, cook to the Plaintiff, proved that Mrs.
Clitheroe gave her orders to prepare dinner on the
day the Defendant came. A watch which hung in
the parlour was removed to the kitchen, to prevent
the ciiolt going into the parlour to know the time
while cooking the dinner. The Defendant remained
in the house after the servants were ordered to go to
bed. On her examination by the Judge, she said
the little girl Webb made Mrs. Clitheroe's bed. The
witness was its the room when the girl made the hell ;
she had no means of knowiug whether oue or two
persons had slept in it.
James Hillier, servant le the Colonel, remembered
the Defeudaut coming to Bahia. When he was is

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