The Statesman.
London, England, 1822-01-04 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JAN. 3.

CRI SI CON.
ALLARDYCZ, SSQ. V. JOHNSON., ESQ.

This was an action brought by James Allarilyce„
Esq against Alexander W. Johnson, R.q. for crimi-
nal conversation with Dorothy, the wife of the plain-
tiff. The defendant pleaded—Not Oldlv.
The SOLICITOR•OHNEItAL, Mr. OVIIMIY. and Mr.
CAMPBRLL. conducted the plaintiffs case; and Mt.
SCARLICIT and, Mr. PULLZR, the defendant's.

The case proved in the evidence was this:—The plain-
tiff is a surgeon of the 34th regiment, serving is the East
Indies, and the defendant isaCaptain in the Native Ha-
valry of the East India Company on the Madras eetab•
lishment. On the Bth of May, 1813, the plaintiff was
married to a Miss Walker, his present wife, the daugh.
ter of a Mrs. IValker, of Whitby, in Yorkshire. Soon
after the birth of their first child, they went to the Easel
Indies. At the time of the marriage, the lady was 24,
and the gentleman about 30 years of age, and according
to the testimony of a great many respectable witnesses •
who knew them intimately in India, they lived together
on terms of the most perfect connubial felicity. la the
beginning of last year the plaintiff sent his wife to Eng;
land, with three of her children, the oldest being six
years of age, and the youngest an infant almost introit
the latter being in a very precarious state of health, intend-,
ing himself to follow her in a few months, his profes-
sional pursuits not permitting him to accompany her.
He entrusted her to the care of Captain Chapman, an
intimate friend of the family, and the commander of the
vessel. She was attended by a female servant to take-
care of the children. On board this vessel, whirls sailed
from Madras. the defendant, who was previoasly eau-
(painted with the plaintiff and his lady, happened to be
a passenger, coming to England on what is called sick
leave. During the voyage he appeared uncommonly at-
tentive to Mrs. Allardyce, and was so particular in his
conduct as to excite the observation of the other pas-
sengers ; but there was. however, no direct proof of any
thing like criminality. The evidence, however, tested
to sbew that they were situated on board the vessel an-
der such circumstances, as gave unusual opportunities
for intercourse—such as tke gentleman being in the
lady's cabin, after the rest of the passengers had retired*
to repose. The only circumstance to cube, ahrouspi-
cion of a criminatory nature, was an expression proved
to have been afterwards used by the defendant, com-
plaining that Mr. Allardyce's friends were premature in
informing bet husband of what took place oo beard the
ship. When the vowel arrived in England, Mrs. Allar-
dyce took up her abode at the beetle of a gentleman
named Stevenson, for three or four day, sad then she
took lodgings for a week or ten days to Coram-street.
Brunswick-square, where the defendant visited her con-
stantly. At the end of that time Mrs. Allardyce ex-
pressed her intention of going down to see her mother
at Whitby, and accordingly the whole of a stage conch
was taken to convey herself, children. and .aervaat-maid
to York. When the coach got about a mile oat of town,
it was hailed by the defendant, who immediately got in,
and accompanied Mrs. Allardyce, to York, under trpki

end SYDNEY died on- the Scaffold!"

that ho -was going down to Scotland about some money
collect. However, on his arrival at York, he changed
his abed, sod said that as he bad money enough,
he *Weld raters at Iwedoe. After Mrs. Allardyce
Mai chid with bow mother at Whitby for a few weeks,
she eetareed to the Metropolis, accompanied by her
two slates. owe of whom was about to he married
to a Headman named Metcalfe, and lodginge were
takes for leer reception at N 0.5, Brompton-row, Bros!).
ton. Site had not reached her new abode above an hour,
whew lb* defendant made his appiarance, and then con-
aimed to be a constant daily visitor. She arrived at
Brant= oil the ilth of April last. Shortly after this,
zur reached England that the plaintiff, her hus-
sars dead. She appeared affected at the intelli-
genes, and staid at home almost all the time she was
at Bronspton.- On the 14th of May, however, Mr. Met-
calf*, the gentleman :who was paying his addresses
to Ala sister, went to the India House, and
~.. t, bar a utter,. acquainting bar that her husband
, ‘ lad well. She abed tears of jo at the news,
Reda Ahem expressed himself. Th fendant, how-
ever.continued constant in his visits au attentions. It
was proposed that Mrs. Allardyce and her children
should go to France for the benefit of their health. Mrs.
Allardyee raid she would go alone, and that the chil-
dren must follow her. Accordingly she set off alone,
and on her arrival at Dover, the defendant was seen in
bercompany; she went to Dunkirk; the defendant took
up his residence at Boulogne, but he became a constant
visit.w of hers at Dunkirk. They were once seen to-
gether in a gig at St. Omer's; at the latter end of Sep-
ember, Mrs. Allardice retnrned to England, and re-
sumed her residence at Brompton, where the defendant
was again a constant visitor. On the lit of October the
plaintiff arrived in England, and immediately joined his
wife, and slept with her for tom nights; on the last
night he discovered that she was far advanced in preg-
nancy. This led to an exposure of her guilt, and a full
confession that he had been dishoeonred. Prom that
time he had ceased all intercourse with her. Another
lodging was procured for her, whither she was reninveil.
and-the unhappy plaintiff has ever since resided with a
Mead. The defendant is now residing wi•ti his sister,
at Boulogne. The only proof of criminality was the de-
dant's owneonfession, iu a conversation between him
nd Mrs. Allardyce, which was partly overheard by the
sister of the latter. They were sitting on the sofa in
the lodgings, at Brompton, on their return from France,
sad were engaged in earnest conversation in a low tone
of wire. The sister beard the defendant say to Mrs.
Allardyce, " Will you take your oath that I am the fa-
ther of the child 's^ She replied that she would. The
defendant promised to make her every reparation in his
power, sod said be would marry her. After the plaintiff
had been made acquainted with the injury be bad re-
ceived, at his suggestion, Mrs. Allarolvce wrote to the
defendant, desiring him to returu her letters to him, and
_ .
of the cri-
bundle) in
for a corn-
it's on this
one, dated 1
“ That on
be found',
A, the ens-'
has he never
his possess-
that as to
remained
bundle as she bad sent them, but he would make
i of them, and send them under cover." The second
was without date, but the post mark bore the date
2'2d of October, in which lie wrote to this effect:
:there is any apprehension on the part of any per-
, concerned, that! mean to desert you, or to act de-
gatoryto the principles of a man of honour and a
(entleman. I can only say thee are deceiving themselves.
As our intimacy existed only duringthe supposed death
of Mr. Allardyce, I sin ready, in the event of a divorce,
to offer von my hand and protection; but I must state.
that if the unfortunate affair is brought before the puh-
tic in any shape tending to hurt my character, I shall
defend myself to the utmost, and declare circumstances
as they occurred. from our first acquaintance, which I
'feel confident will clear me from any unfavourable opi-
nion of the world.—? 6, Foley-place." It was proved,
'that the pay of a Captain of Cavalry, while on service
in India, amounts to about SOW. per annum. The de-
fendant was not proved to have any other means of sup
I port. This was the plaintiff's case.
Mr. Scoatarr then addressed the Jep? in mitigation
of damages. He admitted that the plaintiff was entitled
to a verdict, hut he submitted that it was a case for as
k moderate damages as ever came before a Jury. He
dwelt upon the circnastauce of the plaintiff and de
fendant being utter strangers to each other, before this
unhappy affair, and urged that there was no breach of
hospitality, of confidence, or of friendship, features
'which too frequently c;aaracterised cases of this &scrip-
don. Much was to be attributed to the indiscretion of
the husband in sending Ms site to England on a long
' voyage hem India, without his protection, when from
the eater" of things some degree a intimacy must be
farmed between persons, so long shot up in each other's
,society. On the part of the deb-edam, who was a very
young man, there appeared to have been no arts of se-
duction used ; and from all the evidence in the cause,
wish as it was, there was nothing to spew that any cri-
minality had take, place, bat in the interval when the
plaintiEwas supposed to be dead. Taking all these cit.-
commences into consideration, and also the probability,
that if the defendant was shut up in a prison in eon,e-
quenetrof the verdict of a Jury, be would be ruined in all
,his professional nrospects, he trusted that the Jury
would feel themselves warranted in giving very moderate
alarterta':
' The Lien Cuter JUSTICE summed np the ease for the
Jar , and observed that the conduct of the pi..in•qf was
, eetly blameless ;and advertieg to the topic which
ad been urged on behalf of Rite defendant, that his
lolly bad been left in an unprotected state, he could not
.help coopideriog that it was the duty of every man
on loosed the ship to become her protector in inch a si-
tuation. The plaintiff was clearly entitled to a verdict,
and the Jury would say what damages he was entitled
to receive under all the circumstances of the case.
The Jury immediately found their verdict for the
plaintiff—Damages 5001.

DESPERATE HOUSEBREAKERS.
NEW BAILEY. COURT-SOUSE. Itsucnerran. Dsc.44.
. Considawabk isorpriso was caused this storming at
seeing spreaders tbe table of the Court, pistols, a dag-
ger. ballets, ;masks. dark lantern, phosphorus bottles,
am. besides a quantity.( grocery goods, and a great
aansier of articles of hitches furniture. sufficient to
stock a eseelerate-sizesl lease. They had been taken
fleet a pea of the name or Mums Or Boeu.) list-
, clilfr, a.fisker, at:( Ancuats sheet, and who Isar had a

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