The Statesman.
London, England, 1809-12-08 00:00:00

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bighead to favour the wishes of the Dike, he
•weld desire them to consider that else had then

!lin prospect of having her inclinations gratified
/Frith a person 'of her own age, and likely to be
more coup:ilia to her wishes than any thing she
right hope [role the Duke. However, the Duke''
slipt a piece of niuuvy into her hand. atii
said to her, 66 buy a gown with that." if siie
arose to ask Inc my opinion, I should la?,
there is no money whatever that ill,: ought to
take from any body, who had in view such au
object, however firmly she might be determined
nut to give way to it. However she took the
muney ;it was only 1. It may be,
he meant to put a guinea is her hand, since he
said, 46 buy a gown with it ;" for a gown is nut
to be bought for a shilling. Ole the day lir
question, she wail ur:!eretl to go into the roo:n.-
1 ought to si.tte to yon, th.it on every one of these
*cessions, this wnitiao, %silo tile Dakc ‘irishrd to

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seduce, as it seem•, told the pioNon she was abutti
to marry, how the case stood ; " that
ti►esu attacks upon her were so disagreeable to
her, that she should leave the house." lit•r intend-
ed was alarmed lest the house should be left ; site
seas about fire or six and twenty, ante her intended

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ouch about the same age ; hr advised her to stay, '
and observe I; that as she had a great deal of
streitgth, she might striivle effectually against
the Duke,. should he °Wendt to fake any impel,.
per liberties wO.: her, and Cilti,opeittly she staid;
on the oil of May the Deke sent a simil tr enter
for her to come ,to shot the shutters of the win-
dow. She came into the room, and inadvertently
left the door open. He asked her to take a glass of
wine. She ref used. lie placed Rims ;f betoeeti
her and thudimr, and asked her it she had bough'
the goers. No, she said. lie asked her to Liss
him. She refused. lie said, 44 then I wid kiss
yon." Site refused to let him take a kiss. lle
then put his hand to her bosom, and was sour.
what still inure indelicate, which was the tnoro
sir:n/Ire fo her since she Ival been married the dal
below. She misted, and he advanced no In ther.
These are the facts which I am instructed I shall
ba able to prove, and on the geestioti will
tarn. I.SO ; nave been here long 0000.;% to
know and to feel (I state it most unaffectedly),
that I cannot suppose that either his Lordship or
you, will, in tho close of this case, be of opinion,
that his conduct demonstrated nn intent to com-
mit a rape; but I have no doubt that if this state-
ment he true (and I hare no reason to doubt it),
tart he did commit an indecent assault on this wo-
man : that, I think he did, and I think you will
be of opinion that I do not state it unfairly Against
the Duke. He thought, I have no doubt, that
this wurnau was to he won by these presents
which he was offering to her, and he honed, that
thereby he should have accomplished the object of
his wishes—ho hoped that bysgifts he should pre.
tail upon her to commit with hinethet fault which
seemed to be the object of his desire ; but I cam-
mut bring my mind to assent to the proposition,
that he wished to commit a felony on her penult.
I do not state that he made any attempt to commit
that.critne, because my wind does nut cooneup to
that idea. But although his did not attempt to
soratnit a capital offence, aid still, if tee rats be
as I hate stated them, and as I am instructed
:hall be able to prove them, this was, at all events,
so indecent attempt on the part of the Duke of
Gordon, to assault this young won-an. Soon
tater, that is, about a fortnight after it—she
opened the dew of the room where his Grace
usually sat ; she thoitelit he was out ; he came
inte the room, ;eel said he was going to Bath ; he
took her round tee waist, and asked her why she
was so shy ; and n by she was so unwilling to coin.
ply with his nislits.
I Shull now state the reason why this indict-
ment was not tried stoner. In the month of May,
18013, this assault was committed, this indict-
ment was sent to ilick's Hall, in April, 180 e, and
was to have been tried at the last after
Trinity Term, but on account of the illness of the
Prosoeutriz was put oil, but that was not dot..:
übtil the Court was perfectly satisfied upon the
testimony of a physician, that she was really
The reason why tee indictment was nut preferred
sooner is, that the D•ike, soon after the event,
went to Scotland, and the Proseeetrie did not
knew that they could have preferred an indict-
ment against any body fur a crime committed in
it, although he !night be out of the kingdom at
the time of preferring the bill. I shall call the
witnesses to prove the case, and if they prove it to
your satisfaction, it wilt be your duty, and how-
ever painful it may he to you, I am sure you will
perform it, to pronounce the Defendant guilty.
Sarah NYaite cailed, but did not appear.
ATTORNPY-GENI:a.3/41.—" My Lord, I
have no objection to go on to the next cause to
give them an opportunity of finding their witness,
if your Lordsliiii pleases, and they wish it ; so lit.
tie am-I inclined to catch at a verdict by slip or
surprise."
Mr. Panst-44 I have no doubt she is in the
coffee-hoese.—Call her again."
The officer called rho Millie aloud in the Hall,
Ste did not answer. At last, Mr. Butler, the at.
torney for the proseentiotv, who had been out look-
ing for the Prosectitris, returned."
Where is the
Mr. A TTOnaLlitAiEt. Ealli—
Frosecutrix i"
A. 64 Not to be found : I saw them all last night,
but not this morning."
Mr. pens---`r I declare, upon my honour,
that had I known she was not here, I would nut,
en any account, have opened the case."
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Mr. ATToliMalt-GEWIRA This is most In-
famous ; this woman is the most profligate litrUni-
pet that ever existed ; she was told that the man
she married was a married man, at the time; his
own wife came and told her se, and after that,
she had had theinfamous impudent% to marry hi m,
and the still greater impudence to call him kft bus-
baed."
After a few observations from Lord &Lees°-
. ammo, anti the witness not appearing, the Jury
found the Defendant—Not Guilty.
In about Ut ministes afterwards, and in the mid-
dle of another cause, the Attorney came in, and
said that the witness was now come.
The Arrow' wir-GzesseL mud, he consented

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`to wave the acquittal, and to -go into the merits of the Plaintiff In gsebequer for the penalties, and
the case upon another trial. his bond had been pat in suit. It was to recover
11r. GA itunw said, this was the climax of infa_ the indemnity thus promised to tho Plaintiff that
my to give to the case aii.air of mistake, when the the present action was brought.
fact was, that the Prosecutrix dared nut chews her Lord Ei,sesisonouou said, an engagement to
face in Court. . indemnify retain penalties was void in itself.
Mr. PART felt hurt that he had been imposed Mr. GARVOW (who held the Attorney-Gene_
upon ta °pert the cage, upon ail asserance that the rat's brief for the Defendants) said, they had still
witness was ready, to aupport it ; had he known another defence. There was here no joint un-
-1 site was not, nu power upon earth would hare in- deridking.
duced him to op.ll it. Mr. PARSE said, Ellis was the Agent of both
I Lord Fa.r.eNnottouoa said, the party had no the Defendants.
pretence for saying they were surprised, for the Lord ELLENBOR00011—" This would not war-
cause had been appointed several days ago, for I rant an engagement of the kind, it being in itself
this bery day ; it was the first in the list of thu
I day, and well-known to be se; it had been dis. I Mr. BA axes, who was, also Counsel for the
posea of by dire course of law, and he could not Plaintiff, stated, that there was a count in the de-
take any furuitor judicial notice of it. claration, in which nothing ille4al appeared, but
it was charged, that the undirrtakin; was to . re-
arfere Mr. Jultiec BA! LE r 'sad a Special Jury.
cuarearars Le BROW% Here the Plaintiff of the Duties.
This was an action to recover six different pc. Lord I.ll.t.E4sontsuou said that, surely, was a
realties on thr..e irauisactions on renovate' of a bill legal undertaking, and he should hear a hat the
of exchange fur 3031. and on three transactions Plaintiff's witnesses could say.
on renewals tuf a bill of exchange for 3.50!. in each . Mr. Gannow observed, that the penalties
of which transactions usurious interest, in the seemed to have been sued for io Hilary Term,
names of premi im, cuurninission, &r..had been ex- 1801, when his Lordship was Attorney-General,
acted by a pyrsm, of the name of 11,111OCCii01, though he presumed his Lordship had loreot it.
agent for the Dele:lat, from a gentleman of the • Mr. Grindley, Clerk of the Peace fur the
!County of Anglesea, was about to prove an tin.aiene of Fade, who had become a bankrupt, and
dertaking by Sir. as agent for Mr. Wardle;
whale eizatc Litt Plaintiff, a respectable banker,
was the Assi.tnee. I but Mr. Wardle not bring presuart at the tinier
The AT-rotten v Gertz:tat stated the case on land Mr. Ellis being dead, so that Mr. Watille's
the part of the Plaintiff. This was not an action authority to l•Nts to enter into the undertaking
similar to taose which Juries were Recurs- could not be proved, the evideuee was deemed in-
tomed to meet es ith in the hands of common in_ admissible.
formers. The Plaintiff was a geutleman of the ! The Plaintiff was accordingly Nonsuittal.
first respectability, who, from the circumstance of
his being assign- e on the estate of an uutorturnate
gentleman of the name of Sink., had an opportu.
pity of seeing that the most grievous extortion had
been practised on the unfortunate bankrupt in
some money dealings, which he' unluckily hail w.tir
an agent of the Defendlint's, the common mode of
their dealings truing, that, for an indulge:nee of
two months, Mr. Stede should, besides the law-
full interest, pay to the Detendant a liRLIM11;11
of Tee per cent. in some instance's, and Eicier
per cent. in others, and to the Agent a cam-
mission of viva per cent. for ITERY Two
WORTHS besides two guineas fur a warrant of at-
torney, stamps, Scc. It was (rota a conviction
of the truth of this statement, and from a just in.
dignation at such an abominable extortion, that
the present action was brAight. Oa an applica.
titan to the Lard Chancellor, the proof of the
Defendant's debt, which had been improvitheitly
allowed under the co:nmission, was ordered to be
expunged, and the bills and warrants of attorney
to he ,:livered up to the present Plaintiff. The
Defendant haul died within these two days, but
that circumstancedid not prevent the present ac-
tion from proceeding, the cause having stoed iu
tee paper from the first day of the present Sit-
tin;s, and being, therefore, to be understood as
tried on that day, at which time the Defeisulent
was alive.
Mr. Slade, who had formerly been a gentleman
of fortune, which he had 1(.16t by some 'mien-tie.
nate sdeculations an machinery, idol vs hi' being a
conw.,e,setir iii pictures, of whidi he had a roast-
derabh. collection, did, by the advice of his friends,
and amteig others of Lord Kinisaird, then be-
come a dealer in pictures, proved the case as
stated by the Attorney-General. He proved
three difterent renewals of a bill fur 3001. and of
a bill for 3501. by a person of the name of balm.
cellist, as Aeettt for the Defendant, on the first
renewal of each of which there Was paid, besides
the legal interest, a premium of 101. per cent. for
the Defendant, a commissiou of 51. per colt. to
the Agent, two guineas for a warren! of Attor-
ney, besola stamps ; and on the two alter re-
newals, 81. per cent. to the Defendant, and the
other charges as before; each of these six different
payments being for renewals of two mouths each.
Mr. hums addressed the Jury for the Dams-
dant, but produced no witnesses.
After a very distinct Charge by the Learned
Judge,
The Jury, without hesitation, found a verdict
for the Plaintiff—Damages 5,8501.
Lord Uulland, Lord Mahan', and several other
persons of distinction, sat on the Bench during
the trial. Lord Holland remained to the end,
and seemed highly pleased with the clear and per.
spieuous charge of the Learned Judge to the
Jury.

COURT OF CO►MMO)N Pl.F.Al,—WrnmesbAr. DEc.G.

IVednesday, Dec. 3.

SULOMUNS V. BIWICK.

The Special Jury Caws this morning were not
of any iuteregt, and were soon disposed of. Seve.
ral Common Jury Casa were then tried, of which
the following, alone, deserves notice:—

The. Plaintiff, a Jow salesman in Vinegar-yard,
Drury-lane, brought his action against the De-
fendant, who is the Representative of the inn
Fire Offic,t, to recover 4991. stated to hare been
lust and destroyed at the fire which consumed
Drory-lane 1 heatre.
The Plaintiff calle:I a number of witnesses to
prove that hi. hail stock on the p remi%es, situated
oppocitu Drury-1 'no Theatre, of a large amount,
previous to the fire, but it did not appear that he
had kept nay regular motnurant!uta of the I.,ss
sustained ; and the esideuce lir;ng slcticient in
support of his ease,-the Jury (Gaul a verdict lor
the Defendant.
The Sitn Fire Office hal the Plaintiff
1001. as a Mitre' compensation for his fuss, wiiich
sum lie had refused.

OWEN V. PARRY AND WARDLE, EFQ.
Mr. PARR& stated this to be an action brought
by the Plaintiff, an auctioneer in the con.itry, to
recover from the Defendants, Thomas Percy
Esq. Jones Parry, Esq. and Gwillim Loyd
Wardle, Esq. indemnity for a loss he had sus.
tained in consequence of :laving been employed to
sell an estate in the County of Anglesca, which
belonged to the Defendants, as Devisees of ano-
ther Gentleman of the name of Parry, deceased.
It would appear, that at the time appointed fur
the sale, a sealed paper was hid on the table, spe-
cifying a particular sum, to which, if the bid- I
dings should not amount, the estate was not to be
esteemed as sold. The Plaintiff, who was a
young man, was startled at this proceeding, be-
cause, as the Auction Duty fell on the auctioneer,
and he did not know whether duty was or was
not payable in such a case at this, in the event
of the sum in the sealed packet exceeding the
price offered, he was afraid that the duty
might be exacted from him, without his having any
claim upon the Defendants to relieve him. Mr.
Ellis, who acted at the sale as agent for both the,
Defendants, Mr. Parry being also present, as-
sured the Plaintiff, that in sach a. ease no duty
was payable, a dumb bidder being perfectly al-
lowable. The Plaintiff, however, lint being satis-
fied with this assurance, Mr. Ellis undertook for
the Defendants that they shoed keep the Plaintiff
haradass. Proceedings were after woods ba4 against

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