The Statesman.
London, England, 1822-07-12 00:00:00

MR. WOOLBR.

(vII.OM COMOITT'S W KKKKK RIGISWISIL)
A DISINSW is, I understand, to be given to this gen-
tleman, et Airtight:4am (261,41 y), on expiration of
his imprisonment at Wench* at which diesel 1 pro-
wise myself the pleasure of being present. His ghat
talents, ►is zeal, his pablie-spirited conduct, his steady
perseverance, bis tranquil fortitude under irresistible
evils, are se many claims to our respect, and so many
calls on us for all the support that we are able to give
him. WM, COSIMITT.

CRIM. Cox.

KING'S BENCH, DueLIN, JULY 8.

MR. OMEN (11001110 AN NOWLAN V. TOE HON. HENRY
MARSTON() PERRY, COMMONLY CALLED LORD GLENT•
WORTH. _ _ .

The damages were laid at Ten Thousand Pin*ll47
Mr. NORTH opened the pleadings.
Sir Maxon MIREDITH, But, stated the plalslWPs
ease.—The plaintiff was about three prisoner in
the Four Courts' Marshelsea, where the Noble Herein'.
ant was also confined for debt; the plaintiff's wife re-
sided for sometime in the prison with her husband ; her
husband had bees there fur five months before an intimacy
commenced between bin and the defendant, alio about
Aug. 18t0, knocked at Mr. Nowlan's door in the prison
to inquire for a Mr. Andrews, who was sitting with the
plaintiff and his wife; he conducted himself, on beiog
asked to sit, with great respect and politeness ; he did
say that he was a married man, and the father of a fa•
roily, his wife a•resident of the city; an intimacy grew
out of this introduction; the eremite, as the Learned
Counsel stated, were most fatal to his client's peace.—
' Lord Glentworth bad been connect-11 with the family of
Hussey; be, therefore, represented himaelf (said Sir H.
III.) as connected with the plaintiff by this union; he in-
troduced his own daughter, called Lady Perry, to a
daughter of the plaintiffs. In March, 11,421,111r5. Nowlan
weotto the CountyjCarlbw; on her return she went tolotlg-
ings in Thomas-street, near the the Poen Courts' Mar..
shalsea. Her days were spent in the prison with her
husband; she shortly after gave birth to an infant, and
subsequently refused to return to sleep in the prison, as
she Lad formerly done; a disagreement bail occurred
between her and her husband, and a reconciliation was
brought shout by her brother, Captain Haggarty, whom
she had at first refused to see ; he had not told the plain
tiff his disgrace. This brings us. said Sir Henry alerts-
dith. to July, 1821. when the plaintiff learned that his
wife had become the mistress of lited Wentworth. This
action was commenced in November, 19e1—to that de-`
claration the defendant pleaded• not guilty.
Sir Henry, in continuation, stated, that after tbe'ac-
lion had been commenced, Mrs. Nowlan rushed into the
presence of her husband, fell on her knees before hum
in his apartment in the prison, supplicated his forgive-
ness—this was done at she suggestion of Lord Glen.
worth, for the purpose of lessening damages in case of
action. The plaintiff, determined to resent his disho-
nour, declared he would never see his guilty wife more—
" Take care," was her reply, 1 have participated i
Olentworth's arts ; I will give him up such letters
will shew that yon have been the wanton pander of
crime. The plaintiff resisted all this. She followed up.
up these menaces with the following words—" Recollect
your situatioo ; here I am with money fur your release
from prison, and with such means as will enable us to
live at our ease in future." He begged her to with-
draw ; she raved, became angry, a constable was call-
ed, and the plaintiff attended het not; be found the NIL
ble Defendant then close to the door, who called Mrs.
Nowlan his own, took possession :4 her, anti abused thej
plaintiff in the
plaintiff's brotherda-law. married to Mr. Nowlan's
ter, was then assailed by Lord Wentworth, and grossly
insulted ; the keepers were ordered, by lewd Glentwortle:-
the King of this prison, not to allow Mr. Rossiter to ens
ter the prison again.
The Rev. John Walsh, a Roman Catholic• Priest,
proved the marriage of Mt. and Mrs. Nowlan, it, her fa-
titer's house, in 1817; as a girl,-he said, she hat/Jpan
v'e noes and well conducted; both shd'and Mr. N. were
Roman Catholics ; wissesa knew them after their
marriage ; he conceived that while he saw them
they lived on good terms.
Lrosa-examined by Mr. Striven.—Mr. Nowlan was
about 60, Mrs. Nowlan about 28, at their marriage;
some of her family had disapproved of the ritatA.
Captain Luke ilaggarte, brother to Mrs. Nowlan, was
next examined by Mr. Wallace. Ile was, he said, inti-
mate with them for souse years after the marriage; up
to July, 1821, they had lived together on tolerably good
terms; her conduct was good during that time; Mrs.
Nowlan is a well-looking woman, now about thirty.
(Seventeen notes were handed up to the witness by Mr.
O'Connell, and were by him admitted to be all in the
hand-writing of the plaintiff) The latter had been six'
or eight months in the County Longford at one thuel
away from his wife; witness, at the request of the plain-
tiff, went to his sister to her lodgings in Thomas Street,
to effect a reconciliation between her and her husband,
who said be wished to see the child Mrs. Nowlan fay io
of: witness did not notice the child; cannot tell whe-
ther or not he was like his father.—(.l laugh.)—Mrs.
N. went to the p:ison, but did not take the child; wit-
ness dined with them, and his sister returned to her
lodgings before lie(witness) retired from the prison.
On Mrs. Nowlan's departure that evening, witness re-
members her husband kissed her, and saw her to the
door; he admitted that he had heard of bickering, be-
tween them, and to a question from Mr. Wallace, an-
swered that lie knew nothing improper of Mrs. Nowlan.
John Bryan, Esq., examined by Mr. Noweit.—Swore
that in the Marshalsea, Mr. and Mrs. Nowlan appeared
to be on good terms ; remembers some remarks of the
prisoner's; one was, that " the old Gentleman was ex-
tremely attentive to his young wife."
Andrew Msetnahon, a card-maker, residing at Lis mo-
ther's house, 101, Thomas-street, proved that Mrs. Now-
lan bad lodged at his mother's from March or April, to
July, or August, 1821; Mrs. Nowlan was confined in
that house; she occasionally went, as witness believes,
to visit her husband in the prison; she was in the habit
of receiving notes from her husband, some of them
passed through witness's hands.
Miss Terse, examined by Mr. Wau.tce.—Swore
that while in the Marshalsea, until Mrs. Nowlan
became acquainted with Lord Wentworth, she was
well conducted ; her husband's conduct, eke said, was
most attentive and kind ; Mrs. Nowlan larielf repeat-
edly told witness this.

- ,
Mary Anne Dykes examined by 3:r. Wau.sca.—
Proved that Lord Wentworth's daughter had been from
a Saturday to Tuesday in Mr. Nowlan's apartments in
the prison ; that was about last Christmas to else months.
Lard Wentworth dined in their apartments every day
while his daughter was there.
Mary Anne Dodd examined by Mr. WaLLacit-.-
Swore she was Lord Wentworth's servant, and that she
saw Mrs. Nowlan in Lord Wentworth's apartments for
three months and a fortnight; they ate and drank, and
slept in the same bed together. Witness was first em-
ployed by Lord Glentwortb, about the 2Stlt of October
last ; left M rs. Nowian behind her at Lord Wentworth's,
when she left his Lordship's service.
Thomas Ormsby, Depnty Marshal of the Four Courts
Matshalsea, proved that Lord Wentworth had been a
prisoner two years; be occupied witness's apartments
where witness had not been since Lord U. first occupied
them; saw a female going up the stairs, whom he sus-

4

pecked to have been Mrs. Mowlas ; Lord Olentworth oc-
cupies two rooms, for which be pays U. per week, 11
er week for each room.
Sir Henry requested tboliord Chief Justice to take a
note of the eliminator-IMO witnesses, on whom regular
notices bad been waved. Ills Lordship said, that was
for the oatisideration of thi Courts above.
Thowids Henry Lyocb, Esq. was called. He stated
that bis name was Thomas Joseph Lynch ; iii May lass
he swore that he was in the Four Courts' Marshalsea,
and one evening saw Lord Olentworth descending the
stairs with a candle in his band; his Lordship then
said, alluding, as witness supposes, to the plaintiff—
" There's the reseal that did it." Mr. Nowlan replied,
" Oet away, you ate a dirty fellow." Lord Olentworth
then accused Mr. Nowlan with having been a pander,
that Is absolutely bad pet his wife to bed to him, and
that be had his letters to prove it. Mr. Nowlan made
no delay, but went to his room.
Captainagarty being recalled, proved the plaintiff's
band teritl in the letters handed up ; two bore
ice pest a, and were dated December 10th, 1817,
and duo 25th February, 1821. A considerable time was
oreimied in the discussion of the admissibility of the
latter letter in avideoce; it was subsequently allowed to
bei wad.

That bearing date 10th December, 1817, was from
Mrs. Nowlan to her husband, it was dated Carlow, ex-
pmsed surprise at his not having written to her, and
was coached in affectionate ph ; the other was di-
rected to the Four Omits, from her, and merely alluded
to Lord Glentworth by saying, she hoped he was well,
ail to give him my best wishes.
John Brace examines' by Mr. NORTLI.—Keeps a mess
in the prison ; was in the act of carving a supper, in the
Marshaloa, on one occasion, when Mr. and Sirs. Now-
Jam were.present ; saw Lord Wentworth wear Mr. Now-
lan's apartment that night ; a row ensued ; witness, his
&c. went out of the room shortly after ; before he
limit out, the witness saw a large woman coming in, and
ran to the door, for, said he, (witness) it is 010 custom
of that prison, whenever a row takes place, that every
person shoold be concerned.—(Great laughter.))—Lard
it. seeing the scuffle between Mr. and Mrs. Nowlan said,
" Mr. Grace, Mrs. Grave, Mr. Rossiter, Miss Roberts, by
0— you are all cowards.—(A laugh)
THE DEFENCh.
Mr. Dc•cittunata addressed the Court in • very lu-
'iminons speech. He saki that the Counsel for defen-
dants in such actions as the present had to encounter pe-
culiar difficulties arising out of the jnstitsble prejudice
felt against defendants incases of Crim. Con.; he trust-
ed, however, that he would be able to remove the ob.

stacks that barred his way in the present case. He re
minded the Jury that they were there for the purpose of
measuring the nosouot of the damages to which the plain-
tiff was entitled for the loss of his wife's affections and
society; be said be would establish by evidence the
plaintiff's cruelty to his wife, his exposure of that
wife to contamination, on which occasion he bad
joked with her, and sent her back to the scene of
her pollution with a kind of license under his own
Land to continue her crime. If I hail not (said
Mr. Blackburne) evidence of this antler the plain-
till's own hand and seal, I would not venture to stale it.
lie then adverted to the time Mr. Nowlan had been con-
fined, to his conduct towards his wife, which he sail ryas
cruel and severe ; he had beaten and kicked her; anti
on one occasion, when a Mr. Burke bad interfered to
prevent this conduct, he bad actually threatened that
Gentleman with an action for an assault. Gentlemen of
the Jury, (said Mr. Blackburne), see what the plaintiff
Deserves fur the loss of the society of that wife whom lie
so baseiy and wantonly treated ; he bad incurred pecu-
niary obligations to Lord G., and he (Mr. B.) wondered
,be would dare come before an Irish Jury fur damages.
When he (the plaintiff) received Mrs. Nowlan after her
, he patinae& tier for her past adultery ;
for the child which had just been born was not her bus-
hman', and he knew it. Before this he wrote her let-
tab, over of which says, (writing to Mrs. Nowlan,) . •
" I am sorry you are acting as you should not have
done; though yon say that the child is not mine, you
WWII bring him to introduce him to me ; when you
,do, I'll give_him a 1/. note.-1 have only 2/. a; present ;
I think you had better be a good child; see your sister
and 'some here. I can't afford to keep two tables; one
table will snit us better than two. Come into-morrow ;
let me see the child ; as he is not mine. as you say in the
note, will you tell we who is the father, that I may wish
bun joy?'
In soother note he says, " When will you bare a
fourth boy ? As you lost the second; believe me you
are not acting right."
Gentlemen of the Jury, continued Mr. B. bad as that
letter is, I have worse passages io his other letters yet to
read; hear this in another—" you say the child is not
mine—who is the father? I should be glad to see you
and the child"—another passage says—
"l am glad yew. son is a fine boy—l wish you would
come and dine, and let me see your son before you go
out of Dublin ; I wonder you would part him, and
take another to nurse ; four months suck will be
enough for him, and then haven little girl to mend the
little buy's stockings."
Gentlemen (said Mr. IlLacanuests) what moral re-
ligion do we live in ? What does the plaintiff think
are the moral feelings of an Irish public, when lie,
having invited his wife to clasp the proof of her Iznik to
her bosom, and bring it to his presence, dares to demand
damages from you. This plaintiff has invited his wife
1 to gaze upon her shame—was there no internal monitor
1 within to silence the anggestion that promptnl him to
bring this action. If it be possible for a man to give a
license to his wife to commit adultery, is no: this it
and noticing the horrible jocularity of his language,
can you doubt that he was capable of wicking at his
own disgrace. Gentlemen, you will view this case as it
deserves—it is the case of a man who has the arrog.-Aice
to claim damages from an Irish Jury under extraardi•
nary circumstances.
Mr. E. Stamford sworn—He proved that when Mr.
soil Mrs. Nowlin) were in the Alarshalseo uhout June,
1310, he believed airs. Nowlan's conduct Was very ',to-
per; a wainscuat calico curtain, hung by a tape. di-
vided their room ; recollects Mt. Nowlan giving his wife
a slap, which knocked her against the table.
Cross-examined by Mr. Wahhscz—The partition was
necessary, ou account of the had liatiis of the prison.
!tr. J. Burke, also proved Mr. Nowlan's having beaten
his wife, and having threatened to complain of him (u it-
ness) to the inspector, and to prosecute hint for an as-
sault, iu consequence of his interfering; this witness
also reeollects Mr. Nowlan having sprinkled his wife
with water, while she was in bed; he could see through
the apertures of the curtain without much pains, as lie
occupied one half the room.
Thomas Fenton was next examined—He, when in the
prison, saw Mrs. Nowlan in company with Lord talent.',
worth twice: it was in November or Le. ember, IS20:
Ise saw Lord Glrntworth kiss her in presence of her
husband, be therefore determined not to go there agoin.
Cross-exaunned by Mr. Noire—l) J Hut pass a plea-
sant evening there ; Lord G. was no: in very ;toot' hit•
molar always; he drank pretty freely that night; witttr,s
understands the phrase of " half sets over"; Lord G.
was not quite half seas over; he to 'ld drink a great
deal. (Air. North, "Itis a long si a be has to go over
1 suppose"?) (A laugh.) Lord (lielltWOrtil was at the
head of the table at that dinner ; Mr. Nowlan was at tin
foot; Mrs. Nowlan near Lord Glenview ; qiry whir
pored frequently; witness considered it freedom, after
his Lordship bad kissed her.
Lord Glentworth's child, whom wit- ess 53,,' at th.
Foe, Courts' Marskalsea, was about ten yeAr. t 1 I.