The Statesman.
London, England, 1809-12-11 00:00:00

4

LAI

13LLIGEN G'E.

-.Ns.
COURT OF 'LIFO 'S BENCH. Die. 9.

Sittin;• Infora Lord ELLExaoanunff and a
6pocial Jury, in Westminster-!lall.

CRIM. CON.
sovn V. WIIITE.

The ATToRNET-GENERAL opened the case fur
the P 1461611. He was sorry to have to present to
toe Jury soother case of this description, which
althongh it was not marked with all the black stains
of guilt that the other, which he had the paha-
ful duty of stating ')esterday to a Jury, had, yet
it wig one which deserved the very serious consi-
deration of the Jury ; because, although the mis-
coodu.l of the Dcleudalit had not been so great
as that of the case to which he had alluded, yet
the injury to the Plaintiff was the same. Mr.
Boyd, who brought this action, was a descendant
of the noble timily of Kilmarnock, a Scotch
Earldom, which became forfeited and the estate

e.niGsseted in the Rabellion of 1743; so that to
at the branches of that noble family, frugality
be.....ineindispetisable. Mr. Boyd had, therefore,
utuderiete establishment, living with his grand-
mother, he bulklioli under Guiretniumat the ire-
spectable uttce of Searcher in the Customs. In
the year 1806, the Pliintiff being iu the habit ut
visiting in the respectabk family of Mr. Hyde, a
surgeon, at Lambeth, became enamoured of the
lady whom it was now bis inisfortiiiie to be
obliged to call his s ire. Situ Was taco of the age
uf sixteen, and he about twenty-ditto; be ho-
nourably solicited bar in marriage, and the pa-
tents of butb cause:sting, the mutton took place.
They lived together its 'scarce barniossy for souse
time, and the graudinother proposed to separate!
frunt the family, lest Mrs. Boyd shutild feel
ti:tpleasently, on a ectautst of the superiority
or the graudinother, by reason of leer age,
tile, and eJallettiOUS, :Old to afford the young
lady every opportunity to be the perfect mistress
of her household; bet Mrs. Boyd desired,bet to
stay, to wind), after much intreaty, she consent.
ed, upon condition that, at the end of three months,
she should retire to a lodging of her own, unless a
pi oposal (runt them shutil.i be in tile to her to cop.
tutee, and so it was agreed that they should all
lire together, and they did so with perfect hat.
!nutty. At the end of three mun hs, how-
ever, the elderly lady fitillin4 herself as it were
bound to propose to go an ay, notwithstand.
ing the heppiiitat which subsisted in the family,
made the request must eareestly, lest it should
Ira falt, althoe4ll not expressed, by Mrs. B oyd,
that she war not properly mistress of her own
hour ; but Mrs. Boyd was so far from assent.
ittg to the separation, that she was almost of.
fruited with the proposal of it, mid the elderly
I.ldy was prevailed tipion to continue in the fa.
may. He stated this t., show that there ails Ile
reason fur complaint on the part uf Mrs. Boyd,
on account of her nut being the inisticts of her
house, any more than there was iu the litteutious
ia-hat-ftnishavni, 6Tftu nos feared most affectionate
and kind, who, if he had any fault, it was that ho
was somewhat too indulgent. In this state of un-
interrupted happiness they continued until within
the last sit months, whets Mrs. Boyd's affection
fur her husband was visibly alienated, so that he
%tag led to suspect that she had forfeited her ho.
nour ; he determined to watch her, mid fur
that purpose hit upon a scheme to conceal
from her his intentions. tic said he bad oc.
casion to go to Oxford, and in order to do so,
without impropriety as a public uticer, he pro-
cured leave of the Board at the Customs, to
be absent for a given number of days, and he
prepared for his journey. His site's hype.
erisy on that occasion was eunsnmate. She
wept, and pretended to be inconsulable at the
thought of losing her husband only fur a few
days. lie went away, believer, on thetsretended ;
jourityy ; but instead of going to Oxford, he
went to the house of a fiietill, and watched his'
wife ; in the mean time he hail directed his ser.
vant-maid, and two men, to dodge her as she
mesa out, and to follow her until she should
enter some house, and then to come to him with !
information where she was; they did su the ful-
qp‘t lug day, and observed that a gentleman Mee
opposite to the window, and site carne down
stairs, went out and joined him ; they walked a t
tittle wit), together, then welt into a hackney_
coach, which drove to a notorious house of ill.
fame its Chantlos-street, called The ti.ey, into
which they entered, and information was given toi
the Plaintiff, who ruse with a Constable and de-
manded his wife. The people at the house said
there n as no suet' couple there ; but he persisted.
Au attempt was made by her and her paramour
to escape at the haek-duor, fur it was part of the
conveniencies of these abodes, to facilitate an es-
cape when parties were pursued—lt failed how.
ever, the Plaintiff saw her in the back-paclonr,
attempt to go off, but be immediately criml out,
" That's my wife." Upun which she cried out,
"I" 0 Charles ! Charles! forgive me; the man has
not istjured ine, hlm, he has not."--This was tie-
case lie had to lay lo..,fure the Jury, and the only
question would be upon the amronnt of the.damages.
lt was true that there was no right of hospitality
invaded—no friendship betrayed, nor was any
thing like the black catelope of the case yester-
day. and therefore the Case of the present Defeo-
dart was very different from that of the other,
but still the loss of the Plaintiff was the same in
tins case as in that ; and therefore lie was entitled
t.i a (tit. compensation ; arid in measuring the
damages reference should be had to the coeilitiuts
of the party. The Defendaut here was a merchant.
Mr. ranee said—" Clerk to a merchant."
Mr. ATTORIIItIi•GEMERat. Slid-44 Be it 114).
Clerk to a merchant;'' he certainly had the means
of becoming a merchant, for he had a groom ful-
buying hi:n as he rode out for pleasure; and in
tines like the present, up man could dote, who was
nut in affittent circumstances, and consequent ly
to ri aLe a reasonable compensation to the Plaits.
till. against whom it would be impossible to im-
pute any thing ; and yet, if so happened in eases
61 this kind, that a Plaintiff mast come prepared

with a history of hi. MN, to defend himself, being
put, as it wore, upon his trial—fur it was now be.
COMO a mailer of course for the adulterer to pick
up every little squabble which might happen it:
a family, every little pouting or trifling that
might accidentally arise between husband and
wife, still to swell it up into great domestic strife,
to sliew that the husband had lost nothing by the
loss of his wife; but 'these attempts generally in-
large.l the reckoning between the Plaintiff and the
Defendant, as it did in the case of yesterday ; not
shat he knew such a course would be taken here;
if it should, he should have an opportunity of ob-
serving on it ; at present, he should he content
with °Decrying, that the Defendant had, by his act,
deprived the Plaintiff of the affectitsit of his wife,
which was the greatest affliction one nt.in can cause
to another in this life.

The marriage being proved, Mr. Alexander
Lnekart swore, that he had been acquainted with
Mr. Boyd and his wife since their marriage ; he
was intiniste with the family, and had an up.
portunity of knowing_ how they lived together;
they appeared to be happy and in mutual affec-
tion.

Major Elms, of the Tower Veteran Battalion,
Mr. Ingrain Ryder, of (he Custoni.house, and
Mr, A tkinaum, gate eriJossmi to Ilse sewer client:
Mrs. 14;” land was called for the same purpose,
but she said, that although she never saw any
thing in the conduct of Nit-. Boyd that was nut
strictly right, at the same time she said she had
known Mrs. Boyd to be an unhappy woman. She
had heard her say so, aithou4h she stated nothing
in the conduct of Mr. Boyd that should hire
given her the least uneasiness. Nor did the witness
observe any thing in the conduct of Mr. Boyd that
was not consistent with the character of the oust
affectionate husband. She used to dine in the fa.
roily, visiting, it often, and was visaed by the fa.
unity, played at cards, and enjoyed amusements
with the family, never saw any thing in the con.
duct of Mr. 1349 d that led her to suspect that he
was not an attentive and affectionate husband. She
never saw any thin., to the contrary of Mrs.
Boyd's appearing to be' an affectionate wife.
Mr. GA WM.—Two ingredients are here found
—That Mr. Lloyd was au attentive mud an arc.
(innate husband, and that of ;sirs. Boyd hying an
affectionate wife, and that should seem to me to
make up the compound of what we generally es.
timate as the happiness of marriage.—A. True;
but very few married couple appear to disagree
before third persons.
Q. Then, according to our etperienee of the
world, all men and women arc happy who appear
to ligree; that has hie n hitherto a generally re.
ceived opinion ; but you think otherwise2—A.
To oohs ard appearance only they were; but -she
was not happy.

Q. Pray, Nimbus, may I take the liberty of
arki!iq yipit, whether you are married or single ?
—A. I a.n married, Sir.

Mr. GARROW, I am sorry for it.

AlFeeder Westaravilt the 'errant, gnve an ac-
count of her mailer having given her directions to
dodge her mistress, and of her doing so, after she
went out of the bouse.—The house of the Plaintiff
is in the aew buildings at the end of Gray's Inn.
lane, commanding a view of the fields ; that, as
a gentleman canio opposite to the window, her
mistress came down and went out. Saw her
walking under his arm. She spoke to two other
persons to follow, and they did so.

George Millet gave an account of his going with
another person, Issue Watts, to dodge Mrs. Boyd,
at a signal giwcts, and seeing her and a gentleman
going into a coach, which he followed to the Key,
in Chandus.street, the gateway of which lie de.
scribed to have a dour under it, at which the par_
tics entered ; there was another back door, as well
as a door in front. That the message being sent
to the husband, lie came w ith u constable and de-
manded his wife, *lto, he said, came there with a
gentleman in a c ;ach. They denied there were
any such persons in the hnu,r, or that any such
roach came there, hut the Plaintiff persistetl,•and
he saw something like preparation (or an escape,
by the people of the house going from one room
into another, and Mts. Boyd appeared, upon
which Mr. Boyd cried out " That's my wife ;"
upon which she exclaimed, "0 ! Charles, Charbs,
for:;ive me, forgive me ; the rt►an has nut iajured
he has not injured me !"
Isaac Matthews went from the Key, to the
Plaintiff, in the very coach in which these parties
came there, to give the Plaintiff infornsation.
Lord Eft..Lxuaolionein asked if any question
was intended to be made on the identity of the
Defendant; for yesterday two or three hours were
wasted upou that point, which might base been
spared, by admitting a fact which must have been
within the parties knowledge, a thing which coet3
nut be ultimately concealed.
Mr. Paiute. said, certainly there was to be ne
question madrupu►t tho identity of the Defend.
set ; he certainly was the person As his was at this
brothel, fur which lie was extremely sorry.
The ATTORMIT-GENYRAL said, that was the
Plaintiff's case.

Mr. PA NIL thun addressed the Jury for the De.
fendant. He lamented it had fallen to his lot t&
defend ceases of this kind, but he d►J su in ilis.
charge of the duty which his profession cast upon
hint; and he hoped he should be able to discharge
that duty, without appearing an advocate for
centiousness, for he felt as much disposed as any
man to censure all kinds of lewilness and inconti.
ROOM lie did not, however, take so gloomy a
view se so►ne people did, of the present general
state of morals in the society iu which we live.
lie admitted there was much licentiousness in-
separable from the wealth with which some parts
of our society abounded, and he lamented that
evil, although it was, perhaps, in some measure
unavoidable; but taking the whole moss colic:
-
lively, his opinion was, that there is, at this mo-
ment, as much virtue among us as there ever
was at any period of our history ; and, therefore,
there was nu nece.t►ity to visit with 'enmity the
conduct of the present Defendant, fur tho sake of
suppurt.4 general muralitr. He admitted the'

'Ffig WATESMAN.

rondeet •of the 'Defendant was reprehensible. It
was an act ntft to he justified, going to this intuit
of lewdness, tills -brothel. Ile detested such
abodes ; wished them rased to the foundation,
and their occupiers publicly whipt, for keep.
ing them; but still, although:. he could nor
es( use, %d 'night bu allowed to palliate t!,
conduct of the Defendant. in . this unfurtii-
.„
te..,,case. here was no hospitality invaded
—no confidence abused—no friendship he_
frayed—no seduction even, for upon this evi-
dence it did not appear that the Defendant ever
saw the Plaintiff, certainly never spoke to him;
had no disposition to say any thing against him ;
was sorry fur the injury he bad done him ; but!
o far was he from intending to du him that in-
jury, that he did nut so much as know that this
Lady was married ; and he was so far trim hav-
ing si:duced her, that he did not use any art
whatever. From her boldness and her forward-
ness, he bad every reason to believe that she was
one of those loose females vihu are commonly
called kept women, of whom the number in this
luxurious capital wai too great. That, upon the
evidence, it sas fair to infer that she seduced
him, instead of his seducing her ; for it was rid,-
cultists to talk of the seduction of a woman who

floes lute a cowrie with any watt- eht-May hien in
the street fur the first tune (for there was too evi-
dence he ever saw 11.. r before), and hurries away
with him to a brothel. The fact was, that this
young man happened to be extremely handsome
Rod engaging, and as he belongs to the City
Light Hone, he used to exercise in the field op.
posits► to the Plaintiff's bottle, n here this wautun
won►siss ghosted her lewd inclination at him,
which he tsar towable to resist, and fell into the
snare. He Wee sot a man of largo but moderate
income of 'shoot 4001. a-year, which his father,
a respectable stereos in Scotland, allowed to him
for his supports labile he received commercial in-
struction by itteedit!g a merchant's counting.
house is the city. Under those circumstances
lie hoped he had not offended either my Lord
or the Jury, by %%hat he had said in defence of
this young man ; he recommended the Defendant
to liteu► both as a person who deserved compas-
sion, rather than severe punishment by heavy da.
usages in such a case as this. The Jury were
possessed of"stretogth to crush thlt' young Wien.
der, and his Lordship with the rube of authority
to recommend it, if they should be so disposed ;
but he was confident they would administer jus.
rice in mercy, and correct him for his error with
a lenient hand, who was now so sorry for his
fault.

Lard ELLE`4IIOTIOUGII observed to the Jury,
that no action that was brought into a Court of
Justice had a greater variety than that which
wits now before the Court ; that of yesterday, nas
of the deepest dye they ever was exhibited. This
was of a very different complexion, and should,
therefore, be much more leniently handled ; fur.
tunately fur the lilendant he had the go .el 5:116c
to leave his whim:ego to his own ntscrelion in de,
feuding him, iusteaJ of foolishly slid statical,
Instructing him to attack the character of the
Plaintiff, which generally bad the effect of en-
hancing the damagei. It - appeared that the
Plaintiff had married this lady when himself %sic
of 23 and his wife 16 ; that she was of a re.
speetable family, and that the ueion was a happy
one, for a while at least : but it seemed, that for
some reason which did not appear, whether from
the perverseness of, her dispositiOti, or some vi.
dewiness of habit and corrnption of taste., wan.
tininess of inclination, or any other cause, which
could not be discovered in this trial, certain it
n as, thin the Plaintiff was nut in possession of a'
wife whose affection was what the affection of a
wife should be 'fee a fond and indulgent hits.
hand, such as this Plaintiff *ax proved to he. If
her affection had been lost, it was a cause for
which the husband was not to blame ; but, however,
if the husband did not in fact evjoy great comfort in
the society of his wife, but possessed a n ife of ali.
(mated affection ; if her bad habits or corrupt dis-
posioun had misled her, the Jury would not be
so severe in their 'verdict as they would be if she
had been the bait of women, for the amount of a
tean's loss must be collected from the value of what
was gone, and that was the only way in is Itch to
consider this case, for here was no friendship be-
trayed, or hospitality invaded ; here the fau't of
the Defendant was the bare art of adultery; for
would be trifling with Or: understanslin4 to say
that the adultery was not proved, after these par.
ties had been at thi.; house, a house, on which it
was no slander to call it a brothel ; the adultery
under such circumstances must he inferred, and
then the question was a mere question of
darat,ges ; the probability was that this wo-
man lied within her a wantonness of dispesi.
thin, and might have met this gentlemen in
the street, as she might be plying for a paramour,
and consented at once to the last act of degradation
to the nuptial bed, for it did not appear that they
had ever s:;eti each other until the day this nth itc.:
was committed ; but, however, the Defendant bail
committed adultery, whether lie knew it or tint,
and *Lett he saw a women well dressed come out
of a respectable bowie, the probability was that
she was a wife, and if he took tip with her, and
committed an act of chambering and wantonness,
he did it at his own risk autl peril ; if she was a
married woman, it was his misfortette, amid lanai be
at his expellee, for there was no fault in the huts.
band : he was, at all esents, intitic,l to complain in a
Court of Justice, and must have compensation.
As to the exclamation of the wife, of " U !
Charles ! Charles ! forgive int., forgive teed the
man has nut injured site!" it was no Sittituwilufl
to the husband, mar ',Oas it very clear what she
meant by such an expression. The Defendatat
certainly had not aggravated his case by his sub.
segment conduct, nor had the Plaintiff forfcited
his right to claim a compensation. The most cti.
mina) persoe was the Wife. Taking the whole
case into view, he must recommend it to the good
sense and moderation ef the 3tir) to give what
damages they oilevitt think tit fur the purpose of
justtee.

The Jury deliberated a few mittens., and found
a Verdict for the Pleiatiff, Desaiica 2.00!.

-•-• • .".•411•Apit.r_

Fisom !MOM CIISETTg, DAL 4.
t=ll-
--•Xt t ie Cuurt.-geitt* Qffliares Palace, the eth of
Dee...Aber, IliOtios '
P EYT, Furs 1.1
. The Ji LNG'S Most &wheat Maj•sty le Cesar%
• - His Majesty haring•besc pleased td &mita
the most Noble Richars Marquis Wellesley, .P.
to be one of his 61:4:41's principal Secretares of
State, ho was this day, by his Majesty's command,
,aorta one of hil Slajesty's principal Secretaries of
State accordsagly.