Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-01-25

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and James smith.
Mr. Sampson opened the case to the Jury,
and stated the enornity oi tue oacnce which the
defendant had committed against the plaintiff in
destroy ing the peace and happiness OF herself
and family. Although tue technicality of The
law only permitted the distressed mother 10
come before jury of her country in pursuit Of
damages for the loss of her once fair and un-
S iotted daughters services, yet the wisdom OF
the same law warranted jury to inilict heavy
penalty upon the rude destroyer ut family peace
the seducer Of a lovely young wonan, who,
till his arts had succeeded, ,ras as pure as the
summers rose, and as unsuled as the lily OF
the valley. The jury were permitted full
and a wide scope, and allowed to Judge not only
of the loss of strict services, but also OF the
loss of happiness, the destruction OF family
peace and JOY, the total humiliation to iond
mother of her lovely daughters maiden pride
and maiden honor. The learned gentleman
went on to show the history of the parties prior
to the calamity which had betallen Il virtuous
and accomplished maiden. MI. Dawes was
intimate with the family, for many years previ-
GUS TO the year 1923; III the month of May OF
which year, he accomplished his vile purpose
upon Jane Nauran, the daughter of the plain
tilt During the life of the elder MIR. Mauran,
question, and the husband of the plaintiff, ne
had protested the greatest friendship, and at
ter his death continued the same intimacy
with the family down 10 several months sub
seunent to the vile deed, when the mother be-
coming aeon inted with it he was forbid the
house. Mr.. Dawes, the jury would observe
in tie course OF IN t~a, was Il man III property
and possessed far na'ne and respectable cha
ractcr in the world. In lie early part OF his
life he had been sea captain, bat subsequently
had followed the busin,ss ol = wine merchant.
The learned gentleman then went on TO state
something about promises OF marriage which
the drfcu liant had made To the 'ouJg lady, hIt
on au objection OF the opposite counsel that
such matters were irrelevant % the present
suit the court directed the opening counsel t.
conliue himself TO the present action alone. The
counsel moi being perInttcd 10 go further INTO
the train of thought which had risen in MS mind
after some further remarks ON the character of
the parties, the circumstances of the case, and
his anticipatioBs OF the defendants defence,
closed an opening of great cloquence, length,
and pathos, by calling the testimony upon which
the case rested.
lane .hUrtn, an interesting young woman
was the first witness called. As she came
trembling and abashed upon the stand, it was
evident that she had been lovely and beauti-
u girl. But that deep-felt grief that eats
INTO the Soul. had wasted her form, banched
her checks and crushed her spirits. From her
of which we shall give only brief
sketch Tin consequence OF the case yet ia be
tried it appeared, that the father of the witness
lied about eight years since. Her father and
defendant were very intimate, and when the lat
ter went To Eurppe, he left his wife and daurh-
ter under the protection OF defendants family.
When her farther died, the defendant took much
inter est in their concerns, was one of the pail
bearers at his funeral and told the children to
look up to him as father. He afterwards
Came, with his wife and daughter, TO board with
witnesses mother. lis wife died, years passa!
on and That part Of the testimony which il is
presumed would have shown his having paid lis
addresses to witness, and promised her marriage,
was of course excluded Defendant continu-
ed his intimacy III tne family until during the sum
mcr Of l823--About the middle of May, of that
bed, i'll the thild story OF tie house, while her
mother and the servant were gone 10 market,
the defendant came INTO her bedroom willie she
was asleep, and she awohe only after he was
upon the bed. lie stopped her mouth with
handkerchief, and she struggled against him for
4 time; but from his superior strength he over
came her, and accomplished ms diabolical p'lr-
pose. He afterwards upon his knees begged
she would not expose him, as he should be turn
ed from the family and rendered miserable.
She did not proclaim her disgrace at The time, or
nutil her mother had been informed thereof, by
her sisters suspicious. Witness consulted DR..
Boyd and the Bishop of the Episcopal church,
the latter to speak 10 Dawes in her
behalf, and he did 50. Dawes upbraded her
Or mentioning the subject 10 either, and one
Hay offered her some Notwithstanding that he
was as good doctor as any one, which she de-
clined taking until she should have shown it 10
Dr. Bod. He then got it back, and threaten
ed violence for her having exposed hm. Some
time afterwards he said that if size ha, taken the
''nether she nor her brat would have
ever squaIIcd again" No repetition Of the
crime ever took place. Since the transaction,
Dawes has often nsulted her when he has met
her il the street, il other persons not near;
and about1a month ago, meeting her in Church
street, near the College, he threatened TO slab
her, and said he would do it, were it not that
might see him. some time after,
VIXEN She was walking iii the street, she saw
Dawes talking with young man, who alter
wards pursued and insulteJ her. The testIn0~
NY of witness, on her examination and Cross-ex-
was long, but we have seized uroa
the principal facts touching them as deIicately
as possible.
Her examination having been concluded Mr..
Anthem applied for Il non-sult, on the ground
that the action should have been brought for a
trc5pass, and cited authorities in support of bis
position. But his application was oYerrued.
The Counsel for the prosecution then called
various witnesses to testify as to the peCuniary
circumstances of the defendant, and it was prov
ed that his real estate amounts to at least
-, 900 dollars.
Mr.. Anthem opened the defence, and after
cnhcayoring to prove that the property of the
defendant had been oveT-estiHated, and was
encountered, several witnesses were introduced