Cork Assizes, April 13.
The Times, 1824-04-20T00:00:00

This was an action brought by plaintiff for the seduction of his daughter. Damages were laid at 3,0001. Alr. BENNETT stated plaintiff's case. He conmmenced by say- ing that he feared he should not be able, from fatigue and ill-health, to do justice to his client's case; he would hope, however, for thc indulgence and attention of the jury, whilst he stated the melancholy circumstances connected with it. The plaintiff, Mr. Breton, wvas a gentleman of respectability, who resided for some time in the city of Iublin, and latterly in Cork. He was the father of seven children, whom he endeavoured to bring up in innocelnce and virue. The de- fendant was, he inderstood, a young man the son of Colonel Beare, a gentleman of large fortune and considerahle respectability. Hc wotild not waste tirae by going through a detail of the circnmstances_ they would be told by the unfortunate young lady herself, and if her natural tale failed to call forth every manly feelinig which they possessed, it would be in vain for him to attempt it. Aliss Harriet Breton was the second daughter of the plaintiff, and he understood, for he had never seen her, that she was a person of prepossessing ap. pearance and manners. Her intimacy with the defendant conm. menced in August, 1822. He was introduced by a mutual friend, and received at her father's house asZ a gentleman. It would appear that he had noL been long acquainted with the familv before he formed a systematir plan for debauchirg this young lady. After he had been visiting in the house for a few months, the familiarities of these young persons became sa remarkable, that one of the lady's sisters, or her mebthr, thought it necessary to speak to him upon the subject, and his reply was-" I cannotat present enter into anv honourable engagement, but Harriet may depend opon me ," and when pressed to discontinue his visits at the house, he said " he feared it would affect Harriet." The vbung lady herselfthotight it right to remionstrate witlh him upon his frequxent visits, and his answer to her was-` There is no one I love but you * I cannot at present enter into any engagement, but in the meanwhile whv should vou deprive me of the pleasure of your society ?" He (Mr. Benrnett) had said before, that he would not trouble the Jury with details-it was enough to say that the systematic endeavours of the defendant were at length successful, and that he debauched the daughter of the plaintiff. As soon as he gained his object and gratified his lust, he implered the wretched girl's forgiveness, promised soon to have an opportunity of making lher his wife, and by his persuasions in- duceu her to promise that she would keep secret w,at had occurred. He continued his visits to her father's house, at every one of which he promised to n.ake ber his wife, and this guilty connexion continued to exist until the plaintiff proved with child. During this period she had written several letters to him, inviting him to her arms and her heart, and he understood that it was a boast with the plaintif that she could not produce one scratch of his pen. This was strictly true, and the Jury would see, by and by, how much it was to the defendant's credit. WVhether he would expose the un- fortunate young woman's letters to rhe Court and to the public, it was for him to determine; the Jury would judge whether it was ho- nourable to expose what was intrusted to him in warmth and affec- tion, as a secret to be concealed from every other eve but his. He haid heard that the defendant was young, and lie believed it was so but the coolness with which 'he laid his plans, the perseverance with w,hich he pursued them, the caudon with which ne refrained from writing to her, were no signs of juvenility; they were rather evideRcesof the practices of an experienced debauchee. This inexperienced youth, too, had given the young wvorman medicine to procure abortion; lie actually induced her to take a dose, but she found it was so nauseous that she refused to repeat it, although he used every effort to persuade her; and here his experiment failed. I He was youngt and is youth would be urged in his defence; but if he was not cnecked in time, what kind of manhood could be ex- ected fronm such an extraordinary exuberance of vouthful blossom ? ?fthis defence was urged, it must totaUy fail; for, although the de- fendant was young, he had shown his maturity it vi e and profli gacy. Ie mentioned that the attempt to procure abortion. by mae- oicnes which the deienclant got from some Qnack, had failed. After some time the unfortunate young lady foutid it impossible to conceal her pregnancy; she asked the defendant what was to be done, as her fatner and mothermust find it out? EHis replv wvas, " Dor.'t let it be known; don't think I will be such a villain as to deseTt you." He has given himself the name, gentlemen, said Alr. Bennett, for lie has deserted her. She said it became too evident, and that she could not conceal it longer. ' Then," said he, " you must leave your father's house; the coach to Dublin passes by the door; I will have Vour seat takell to-morrow morning, and follown myself in a few days."' The unfortunate young wornan was prepared to quit her homue next morning, but Jir. Beare disappointed her, and did not appear. His client, the unfortunatefatheri atlengtlvdiscovered his sbame-.discoveted that his beloved a nl adored chdd was debauched and ruined. Another father would ha-veturned her outon a scornful world. Although his client felt her ruinsac his deepest nang, forhe had othermisfortunes, yet something of th,e'feelings ofafatherremained and lie could not bear to turn out his 6hfll upon an unfeeling world. He had not turned her out, and with astonishmenthe(Alir. Banett) bad heard that tlse unfort'unate 'fathjer had weakened his eguse, because he kept his daughter im the house after he had come to the knowle xe of the dirumstance that she was w ith child by Beare. lie coula not turn her out, but he coalid not bear to see her; she v/as kept in an apartnient which he -never entered; he could not look upon the countenance which innocence once adorned, but whicb now bore the marks of guilt. About:,a month ago she was deliver. ed of a child Beare is the parent. li'er mother felt deeply the stain which the 4rettebd gitl had ruht eraiy l- conquer- ed.her feelings, however, and attadedM'kt1hild.with aUthefoadness of maternal-assiduity, . Althot thtis,flefortkunate parent's heart' was rent with the indiscretion of her chhd., she forgot her guilt in- her misery, and gave every attention whiCh a mother could bestow during her daughter's confinemEent. He sbould be much surprised, f there was one man with a particle of feeling who could condemn these heart-broken p3rents. t;enlepe nofthe jury, this case ha-s been talked of about your city:. everv pxergon. wnders ,t1tb- re fligacy of the young seducer. MVEy client appeals to vou ss'-fatbers| brothers, and men; as you value the characterof your country, and vour own character, distinguished as it is amongst.thejuries of -the kingdom; lie calls up9n you Zs gentlemen, to give him adequate remuneration for the virtue aud honour of his child. The first witness examined was the young lady who was the sub- ject ofthe present action. She seemed in delicate health, her fea- tures were regular, if not handsome; her figure good, and her whole appearance prepossessing. She seemed much affected on coming into Court (the crowd and heat of whiclh was oppressive); and when she had ascended the witness chair, fainted. She was restored, how- ever, in a few minutes, and stated her name to be Harriet Breton. She was examined by Mfr. HITCIICOCX, and swore that she was fourthl daughter of Mr. Breton, who was an attorney. Iher father liyed at first in Dublih, and afterwards removed to Water- ford. Her father wyas respestably connected; he had nine children; she was brought up with care and affection, as well as his other chil- -dren; (witness burst into tears when this question was put; as soon as she became composed, the examination was resumed.) Knows Mr. Beare. who became acquainted with her familv in August, 1822; her father lived on the Glanmire-road. MIr. Beare was re- ceived at her father's house as a visiter, until her inother spoke to him to desist from his visits ; this was in October, 1822; after that his visits continued. Witness and he often walked together, and lie paid her particular attentions. He repeatedly said " that lie would never love any other girl but her." This kind of acquaintance coni- tinued until the end of 1822: they were sometimes alone. Hle made improper approachea to her person, and effected his object in D.e- cember. Witness found herself pregnant some time after tlhis, and at the desire of the defendant, told him that Qhe was ill. She was apprehensive of something of the kind. One evening lice camie, and when she said that shc was ill, he said he would bringher medicine; she was afraid to take it, and lie said " he should be v ery angry if she did not." Next (lay he came with the medicine; he called it phiosphorated salts, and desired witness to take it Wit- ness took it, and it made her very ill, upon which she refiised to take a second dose, although he brought it in his pocket. The fa- mily thought, for some time after she was pregnant, that sle had been growing lusty. One day she saw 'Ir. Beare, and told hini she was very ill ; he replied that she was only getting fat, and de- sired her not to allow a doctor near her, but to take medicine. In October last she saw him, and arrangement was male that she should go to Dublin, and that he should follow her. He said he would take a seat in the coach for her next morning, and if she walk- ed out, he and Mir. Davis would meet her. 'Witness did not go out, as she did not see .Mr. Beare pass. Cross-examined by Mr. Sergeant GooLD.-.Witnesn was told by her mamma that she was 16 years of age-was told that lately. Came from Bngland in the year 1819-was a small girl then. Colonel Beare lives near her father's house; he and witness'. father were not on visiting terms. WVitness took shelter from a shower of rain in Colonel Beare's house and that was the first.time she ever spuke to Wrilliam Beare.the aefeldtnu trit HE,_ vO'`zpt_x- boy, -then ;- he. tot*Iftsfrcsat some time that he would be eighteen next Fe- bruary. After the interdict which her mother had laid u'pon Mr. Beare, witness and her mother met bim at the theatre; and he walked home with them. The father was displeased at Air. Beare's visits, and expressed his dissatisfaction when her mother spoke to him, which was about tbree weeks before she met Slir. Beare at the theatre. After this Mir. Beare came to the house, and her father knew of the continuance of his visits. [Several letters were now handed in. One contained a verse (of one of Mlr. Moore's songs, beginning " To ladies' eyes"), which witness swore was in the hand-writing of an ac- quaintance. There was a note underneath this verse, clirecte(i to fr. Beare, containing these words-" Come dlown to-night. if you are not tired of yesterday." Witness often wrote to him to come down; witness has a sister of the name of Iear, who was on a visit when the defendant visited at the house. hlrs. I,ear is now Al rs. Swift, and lives in Dubliu; Mr. Swift is a married man, but he told Mrs. Lear that he was divorced from his wife; witness has heard that MlIrs. Lear's husband is dead; heard it some years ago; witness was always very well dressed ; the seduction occurred in his (Beare's) father's garden; he often met her afterwards at her own father's house. Wllitness was accompanied into the gar(den bv her sister and a AIr. Davis, as well as by the defenlant. It was in the day time, before dinner; Ir. Davis and her sister walked forward, and remained away three quartets of an hour; thev were sitting on a seat at the ti.r end of the garden, and witness and defendant were on a seat at thedoor; witness often walked with militarv men about the streets, and used to be handsomnely dressed; she knew a Ir.Web- ster, and remembers going with him in acarriage to the Philosophical Society with her mother and sister. Has invited Ml r. Beare to meet her at the Stoney Road; Mlr. Beare is second son to Colonel Beare, witness asked ILr. Beare to write, and lie answered that he would always answer her letters in person. He told witness that he had but 3001. a-year. Mr. Breton never went to Colonel Beare to tell hlim that his so:, was attentive to witness. The night of the scene in the garden, witness and her sister met Mr. Beare and Air. Davis bv appointment. Her sister and Mr. Davis said they were going to look at the deer. What occurred was effected bv defendant with great force and violence. *Vitness screamed, cried, and struggled! ihe sat near the door when it happened; it was in the middle of the noon day, and near a high road; it was in the cold month of De- cember. One of those letters, which witness admitted was her hand- writing, was now produced; and the words " Remember the 5th of January," pointed out to her. She said that on that day also the defendant had used herill. The letter, with thepoetry and words- "if you are not tired of yesterday," with a dash an inch aRd a half long between the two last words, was written after the garden scene. lVm. Bullen, A. D., stated that he was the medical attendant of M iss isreton during her confinement, and to the present moment. Her health is in a very delicate state at present ; she labours under general dropsy, and her feet are much swollen. W'itness attributes her state of health to the depressed state of her mind, and to her not having had sufficient exerdse before her accouchement. Phosphorate of salts is a mild aperient medicine, and could do no injury. Wit- ness understands that the child of which Miss Breton was delivered was sent homc to Mr. Beare. Alr. Sergeant Goo LD, with much force and eloquence, followed in miti?-ation of danmages. Hfis LJolDscsl r, with his usual precision, charged the jury, who retired for about half an hour. and returned with a verdict for the plainthftLaDamages 4001., and 6d. costs. Great sympathy was evinced by the Court for the distressed situa- tion of the young lady. CORK ASSIZES, APRIL 13. SEDUCTION.-.RETOW V- Pv-