Court Of King's Bench, Gu...
The Times, 1824-07-30T00:00:00

mtsr. rRtOUGRtAst rea tile acclaratlbn,,which eet fdrth thit tbis wvas an action brought by William Franklin 'Tctcr against joba- Hancock, to recover compensation for the damnage he had sustained by thie seduction of his wife. The defendant pleaded thcgeners issue. Mr. SCAZLLETT opened the case. He said that his leareed fiend had told the jury vhat was the nature of the nctioni which they were about to try. It was one ofthe mostlaunentable circumstances of the tin)cs in which they lived to witnc&s the frequency ofaetions of a similar nature to the present. Upon the general cormplexion of this case, he would assure them at the outset, thatif he could hope to excite in their minds the Sane feelings of indignation and abhor.; rence which the perusal of the diretmnstances which he should have to disclose had excited in his own, ha would be satisfied that this case, of all the others of which they had ever heard, stood pre-eni. nent, to entitle an injured husband to the amplest remuneration which could be adminstered in the shape ofdamages, although still they must be aware that n1o damages could compresate such a mran for the infliction of the bitterest calamity that could befal him in the concerns of humas life. The plaintiffwaw a lieuterant in the royal navy, about 38 years old. He was of an ancient and respecu-ble fa- mily in the county ofCornwall, and had entered thenavy in very early life. He had enjoyed the honour (for an hotncur it must be deemed to enjoy) of baving been present at tbie great consummation of the naval glory of his ceuntry in the ever-menmorable -battle of Trafalgar. At the last peace, like a number of other naval officers, he was put on thie halt-pay listr; and for the parpose nf improving his prospects in lite under the ircumstances in wvhich he founde him- self placed, he iaudably embarked in the inerchant-service of his country. kie obtained the commanc of a ship celled the Thernwse. 2oVwluai, engaged in the Soath-Seaservice. He-made two prosper- ous voyages in this vessel, and then, joining in the purchase of an- other ship, with the command of which. he was invested, he made other and equally prosperous voyages until the year 1817, when he narried the lady who was unfortunately-so miuch involved in the 'retent inquiry. Slie was a Mliss Becklwith, the daughter of the Ctv. IMlr. Beckwi-o who was one of the minor canars of St. Paul's, and rector o? another place. Upon this marriage in 1817, it was agreed that bliss Beckwithl ohould remain with her father and his family during that year, while Captain Peter prosecuted his maritime pursuits. They lived in Woodstreet, -Ceapside, and with them she accordinguy resided. On the return of her husband in the ensuing Spring, sbe presented him with a son, the first fruit of their domestic happiness. On- the- next voyage of her husband sbe accompanied him as' far as Falmouth, and from thence went to visit his family in Cornwall, and remained with hrem'from.the endl of the year 18~18 to the beginning of 1819, after which she returned to London to give birth to a daughter, who was now the only sur- viving ch'ad of the marriage. On Captain Peteits return toEng- land, in the year 1819, she was so aversc to any future separation from the husband tO lwhom her affections were urnbounded, that she succeeded in obtaining his permission to allow her tone- companyhini in his next voyage. They accordingly, in July. 1819, sailed together to Buienos Ayres, where they remained while the husband prosecuted his nercoalile tiyanaacrions. - lom Buenos Ayres they want round Cape Horn to Vdlparaiso, where they re- mained until 1820. After vanious voyages in these latitudes, they ultimately returned to England in the year 182. Dating the whole of these voyages he would dernonstraseto thejury, that the highest state of counn,thal love was mutually manifested by llr. and Mrs. Peter; their happiness and affection could not have been exceeded *hen they came back to England, they took' tp their quarters for a few months at her father's house, until -they eoald permanently arrange theirown domestic concerns, and lrhile Cap- tain Peter went to Cornwall to settle some affairs of his father's, to whom he was executor, and they afterwards repaired to a residence called Grove-cottage, at Illoulsey, which Captain Peter purchased for their occupancy. During an absence from this cottage tbr a fewv days esrly itn January last, the unfortunate occurrence took lace which hiad for ever separated Captain Peter from the en- Joyment of his wife's society. So far he had described to- zhem thc station and conduct of the plaintiff andl-is wife-he bad 'now to inform thejury vwho was the defentdant. He was the pricipal part- net in the finn of Hancock and Hogg, who were very eniehsive and wealthy wholesale grocers. The defendant inherited the business, as well as other considerable property, from his ta- ther and uncle, and was Lnewn tO he a man of great opu- lence. There had been a long standing intimacy between the family of the Hancocks and the Beckwiths, and upon AIr.. Peter's marriage- into the family of the latter, the defendant cultivated his acquaintance with extraordinary assiduity. and the warmestprofessions of esteem and cordialitv. The defendant could not, therefore, venture to cast the breath of slander upon the plain- tiff for there were his own letters in existence deser-puve of the higi regard he entertained for- bib character, and theyalue which he set upon his friendship. He had, therefore, the defendant's testimony of the virtue, the integrity, and honour of the friend whawm he hIati afterwards betrayed. Wrhen Captain Peter took up his residence at the cottage at MAlotdlsey, Mr. lancockt became a frequent viatter there: he used in generalto drive down there on the Saturday night,. and stop until -2onday-morning.-iThe- frmihies-ivcre-ong-inthe habit of mutuallyvsiirt7g upon terms of the most confiding inter- course. It was at theendof last December that Czptain- Peter he- came engaged in an arbitration ofgr:t ,moncent upon business, ;which repeatedly ca?lled him from the cottage to town, and for,tht purpose of afRoriing him better accemmodation on those eOA-- sions, MEr. Hancock and his mother srdiafly mivited Captain etad Mrs. Peter and their child to take up their resolence at the house (itlr. fancock's) on Bread-street..hi31, during the term of the arbiteation; and-in te letter in which that invuiation was conveyed some allusion was -made to the existenceOf wtnsthmilk - a coolness upon some imnmaterial point which had urisen,botweehn the- Hancocks and the Beckivths ; and a hope was cxpressed tn Cap. tain and Mrs. Peter isonld not, or sucli aD account, de,61iapt-- ing thecordialinvitation held outto them. In consequne letter, the invitationwaK accepted and an arrangemen w , t that they should 'con4e iap from MliIl reyorithl Miodd5i'tOlOtil,- wben lr. fianmcott, who was togo down on the prevtlit batsrday, could adcompany them-.- Tluisrfata Mondaywasthe8th ofJanuary. On the.previoub&atsiiday lilr. Hancock drove down in hiagig to the cottage. Captain Peterstartedlforondn befbre.?'JickOn D' Monday morning, hasvm.g-occasion tobe in town early on -thtd - leaving MIr. Hancock lbo dtiVe ldrsPeter up in the gig, a to wait to see the childien put into thestage.coach'in the course o' the day. Air. Hancock, it would appear delayed is by an ex- cuse which was. iaturas enounh-thas Ilirs.' Perer sould. see the. children offfirst inthe fouro'clok-Ioah 'He otrdered his gig aft-e- ththour, buat hen it was brought,' did servaait counen dP itfior haf an hour longer, and at-the expiration 0o tnat ,ps ir. HaDnc6ck and lirs.- 1eterset eiu totown together. Dr ing the time of' the arbitration, Captain Peterbad to malit one- two ,oeaslsal journies totthe cotage fo.r p pirs uie whi- h were-deposited' there. He somedmes wetroen t - ag5 and-returned on- the MIonday oormang folloingh~l Mgcmtbs neda attending-to-'his 'asihessnntil the28tLofJanualY, an ee joyment of thatt domestic ende--ment wht&h be b o ssd 2 n- the defendant had -torn it from him, by Wnmag teohi- Asf-sllhe ct 9fth-- wily atd -hypo&ritical- setduccr whei; or uhat]norr.g as e i entered the defendant!s house, someson pushed byicmedpue intp hishaund -a note; which ivs, zallapprane ., I sptit, ad'd whiflt was a5 tcllow5: - - - E2Jaiit' - : ' Csptaiti'Pee.'.-. -- o- . -- ~ I llrlltpeeir4 ituoe there n n t we wbad M-.&VI tntilt. Lueckls to tha little trunk and 1'o ze& On theinstarit of receivihgihe lezttr, a:-osde`n_5t rcolcob rlaccnupae -ttd O tO he rositsli^uecolleg,med s:,eet . r ,_ hi& houe,nadjlhspieli hi-hsad tlie io bsgdr h ^ssire:~ dltS}notWa23dgj nfibrd--hit :4lX ',Eible oinmo&atiott:fofi ; ;,ltt- Fo~id hae ocnrre iy' aYVile plan or deilgn never for a moatoen t rec%4v~ :~i iy~io~ ingnuou ind until the instant of ran nte, wenIte idea all1 at once. rushed inaSaeof dlistraction up, stairs ~o tht?were~tt1jj~~1 r~t5making sh'e bedl in the rZoam;' bht ~int e5gstti~ d~his eelngsnever called their attentionl to hiwsn urose ?the' th~rkhqde fbsth several letters, and then some Morallettern i'h cose thier defendantIlfun onceL exposed t . -an-wirlting othdenat,which at upon his-peacet a"rii1ParabLe: inj3ury which the latter had'inilieted niihis _Vdert n4.hanot1r. These letters would establish thc- whole uniahse a-tUn pe sh eendnts hn ';t ti'e uld be prove, thiat tetnis 6s afllev~jAalled, the hiissbasid tind his.wife were living upon thatdfafecto"and hdpPiriess.under his hand would hie prove, ~, t-hi.ttec~. ud1 hYPoerisy was the interruption of that cam- toe. traced-under his hiaid woald he show, that fvies b~ etrayedl tbe husband, he had seduced the wife, and base1~ inflFcted- X-cemmion ruin upon both. No statement could give a hlighier Cnlonring to this eaeinite etr hm selvefe were'Calctilated' tosn n it,~ and *bef'oie he referred iner2 PareicijlAil, td themj, hd wotild b3e leavi t6 make one ge. liersi observation to tb~e juiry. All wh6 stere acquainted with the busy- detajl.k 4nd cene-i OF life~ neet) not be told, that when the seducer planned th, iite fat committing adultery, aind applied themi to the inteard~ Vic lssssin~ l~ nd *,he set out with pretending unc'onquerabole 11;88iul '6AY ndever-living attachment, the purest and most ex- alted lOrVe. Tife observers o tmnntr nwtow oni?e he ad of hman naure kew too~vell that when ofrcse th andulterer overcamie his victim's reluctance to receive his ad. tIM-eosewanba the opportunity of exciting lier tfeelill , his guiilty Pup se waoon accomplished. Here thiese arts had beeni succe-ss. love tried but upon fal-,e insinuations-..the insinuation of early ld afase. Was it notlclar todemnontrio,ha tiedefendant, at Young mar, of the samne age as the plaintiff, huti with all the advanltages of living in tile neighbourhood of the lady in earlier: ltfe_.~.their faunilies vi8iting-hjmself with very large and wealthy possessions and prospects in the world-was'it not clear, he said, that- a man sio recomisietnded andl with suchl opportunities, miight net-at any ti'ne have aspired to Mliss Deckwith's hand, if he lovedthelady, andbadhis suit mnost gratefully adnmitted? If,iiaj,p,it were true. that shle, encouraged that early attachment, whlat Possible obst:acle couldI have impeded the conslummation of wishes so expressed? Thiis was, then, thie mere pretext of a mnan whose arts had altsered the chlaraicter of aoneeviTturous woman. ThereCW,.as aothlelrreason pre- tende!d, which wiLs equallyfalse-namtely, any dimninution of affec- tion on tlhe.Vart of the husband during his absence on the several Voyages; fOir he would show, by the evidence of the passerigers whto accompanied tijii duiring h twi. io voyages whichl preceded this uinfor- tuinate Mafiir, thAt the mtost earnest and miost constant aifectionl was always, observed between Capt. Peter and htis wife, In hiis first voyage, when she dtd niot accomnpany himt, he left her. first under the care of hier awt family, a'nd niext vsinder thie care of his ; in both shie enjoYed the best soctety to both shec uniformly, expressedl her warmnest ac- knowledgmnen" The defendant could efot, thierefore, dare to inisi- nuate the snalleat redaiction, of love from- Mrs. Peter to her hiusband, until, by his own% arts and stratagemls, lie hiad succeeded in robbinig her of her momgi worthi In the letters from, the dlefendant to Mlrs. P'eter, which were fou.td in the dIressing-box anld trunk by the plaini. t aif, 'which cl'early' denmonstrated the fact of thec ad,1ult,ery te woulo.dQ'serve neitherplace nor date. Thiis wouildbe epandby thecircums.taice-,of the parties living in Mr. Hanicock's house at the time, antl therefore neither da-te nor place was necessary. The letters disclosed the wvhole arts of' the seducer; and when the jury bearl%T-~th following, wvhcich were extracte fromn them, thley could ITO dDubt by what means, and thirough whiat treachery, lie hadi stucceededi in accomplishing his purpose. Here the learnedI coun- sel read the following extiracts1omf Itr drsedb h eei dant to Airs. Pbter: rmetr-drssdb h ee- ".'lily Jane,-Pure affection, such as ours, does not stanid on the punctilio of letters. Althiough the beloved object of my- affectionls is indebted to me two letters, yet I hiasten to increasRe tIme debt by writing another. InI a word, hiow I am hurt to think I should lhave said any thing to aff'ect her feelings last night, when I hinted that she ought not to go o thfe.Opera. next Saturday with - (here there was ablank. fles miy Jane thinkr me so childish as to be gladl at herbeig dpriedof any pleasure ghe desires ? You do not know tIm. tregt ofmyaffectioris-bitter indeed are those inoiments ot' s~flctIn tht tll Ite1caniiet prove at present the purpose I hold dea.. hae. knw, no tie but Your reliance noon my truthi and ionus.W-(eaning. her husband') has constantaniess to youi by dayanby obt. e can pay-you those attentions which women love. You ave been tlgeter for years, and the few trifling events of life, whciacha:sing ynamneless, butwhich combiniedbhave such acharm he can use to ad vantage withi you. B3ut he is your husband-hiorrid idea I -(A laughy in the court.) 'W. does T,,) love you half astfer- vcnttlY'aslIdo-he cannot love you t Ilall. ' (Renewved laugliter.) T'his, said Mlr. Scarlestt was the commpon cant of these hyvpocritical seduiee's, and his letter 'went on tbus_'~Ilie ~the husbanid) merely, p~ays yoit the attentioii whichi a woman commands; you are his wife, nis. uch he treats you kindlvy- as for time real passion of love, we know lie feels it not. Never did he posse,ss that pure undying love, that like ni;ne casssubsist without hope for years. H-ad you married unother, wouild lie have conitiniued to love you. as voui see [ do now ?" Agai he, says, " 0 I thatl shiould cause a Riamenlt's pain to alovely cfdn-Wornab. 0! I amn most unhappy,rmy Jane, until I again repose on your bosom-.God bless you." he 'followrin* was ani ex- tract from -one of his letters found in the dressind..box :-.... I had just written to you, my d6arest And lovely Jane, without knowinig that I had one from i you in- the dressing-box. I will show you how anxi- ously I feel for youtr comp-iny, when next we meet. May my loveliv never dtoesbt the everlasting end unabateid attachment .of her John,." Mir. Scarlett here remarked, that to .show the mornfing of l[eaving the cotta-ge,the 5th of January, to be that when the first illicit mntercours4j took place, he would pointout the followving passege in an- other letter. :~" TfhLe5tli at, jTautary was tIme first day of mny ha ppi ness . iMadl.r-ecei'ved your note, I would not have gone to ths thea-. tPc: but.the Copelands coming, I was afraid to trust myself with you in company. I canniot, bear to appear cool to youi before others, to draw off ' suspiciont, for, mv Jane, vou n,ust know liow keen your sex are at discoveries." Ag~in_lC fow I long for a return of our Ioy . How manyx5iomente-of ftiutur joy,-re in store for uLs!" It was also, proceeded the learned coun'sel, curious to readl the moral lesson which the defendant dlelivered to the ladly. Hehad objected to her go- ing tu the Opera with some female visiter, lest lier pure fame should be mixed up and sullied by the suspicions which another laay had, it seenmed, excitetd. These were his words:--" God for- bid I should stand for one moment between my Jane and her plea- s ures ; but let mne entreat you not to go to the Opera with (a bla-nk). I knowr I have no claim uipon you but that of the purest affection. Your love has,. I know, krantedi me every thing. Oni my soul, I sa, I would rather forego the bliss which'I anticipate with you on next Saturday aodI Sunday nights..ehose morments to whicih I look forivard withi such ertatic delight-..than that you should go withi- (a blank.) I wish tO preserve Your far fanse from improper contact. Enoughsof these'reports about her;- you know them from your own moltier. Oh, if W. loved you as I'do, he would not suffer you to go into such company. Remembjer tha't a woman's fa me is like the bosom eftaplacid lake-the least breath of wind ruffles its surface." Such was thes detestable hypocrisIy of this sieducer-such was his conduct towards 'his victim : Indeed, in one of his letters he venturedI to address her thus i-" MAy affection for you was rooted before ynu r marriage, or else I would not have yen- tnured to indulge it had I aoisly scan You after. That affection -was mnutual,and subsequent human events cannot controlit." Not con- tent with destroying this lady's peace.for ever-not content with betraying her hu-sband, and casting a &hade for ever over her fame, for the artsiication of a few momentis' enjoyment, lie invented this lausible extenuation but too soon wvould he pfactise the coinstant corollary of suclh propenslijins, by turning away with disgust fromy the victimn whomn he had undone'. Again, hie says-" I have loved you lone amnd ardently; not; itdeed, alone for the possession of your pe=o, but with a love which only the grave can cover.Yorhp pme ,si my first gratification. For me I know that you have saeri- ficed all that a woman can bestow. and in return believe that prayers emanate for you from one whiose life. would he laid down cheer- fully to give you one moment's happiness." He alludes. to the possesson of the lady's person in another letter, where he allndes,during the, absense at lier huisband, " to those moments of joy whiich age of miere existence could not supply. You tell me that I know h ow to love; but it m-akes me distracted to steal into those embraces whirh ougt shud hl,adms e mine." ( laughi in court.) By such arts, continued 11Ir. Scarlett, hiad the de- fendant constumniiat6d his guilty p'urpose, They would firat find the adulterer insinuating himuiself into the friendship and confidence of the hushband,-.paying tobhini themosthypocritical attentions,prof- fesing the most fr.iendly in-terchangeof.civiJ'ities,-and e bh 7h that husband, and blasting; the happiness of that friend a hiad thiat husband done to inv-ite sucli a breach of' hospitality-. to indurie such ean attack upon his honour ? What error had lie committed-what blindness had he shown to cover the -wiles of the8seducer? Vas there anytlIming inithis lady's education to invite his attacks, or make her hiusband suspiciouis? She was the daughter of a clergynman; she was fromn infancy the associate of the defen- sdant's own sisters her educatiori she owed to persons of religian, -virtue, and honour. Theore mnust, then, have been more than ordi- nary art distplayedl, where there couldi have been no encouragement.. Theojury must he aware that there we-re no dam-ages whicli thek could imposc that could restore the peace of mmiia of which the plaintilff hdbieen bereftby the defendant. Let themr consider what nius he the condition Q a man, enqageu as the plaintiff had beetiiiu the peeils of the ae returnugg with a competency, end then set- tling in thie bosom o ryestic life in a retirement which held forth such hopes of ease and comlfOrt. Let them considet that when 7the stoTrms whiclh assailed him bega'n to disappear, the defendanit, his friemid and adviser, stepped in to annfihilate all his hopes, to snake hishlonme desolate, hiis- child an orphan, and hisl wife the Vic- tim of a base seducer ! And this done, too, under the miask and con- fidence of imndi'sg sed friendship. When,they reflected upon these cirumsancs Id he ask too--much of them, when he caled upon themto gve havydamrages out of the imperfect source of reaionwhih-- was. alone accessible, and to which now e"'tAiredhusand could- alone. look, as a meanis of inflict- ~Yeepssstv. owever inadequate, upon the man by.- whom ~P'dyristi pete had been destroyed aimS undone ? The~rt wtnssWas Alexander H indeman, who produced a cer- tifcae f te naria.ge, in May, 1817, whiich was solemnized in the IiecwithantiLietenat Peer. Cheasiside, between MAiss Josep Lee,he jsarishclerkurave.his aving been present at th'e sai marige.li knw te ail fom erchildhood. She was the Sarah Peter, s,ister bfthe p ~ianff, deposed thathe was, iduring the late.wvar, alieutenauein thenevy: he had since been employed in the mtraehant aervice. Hls father WaS of a Coms niyAb ttw years after thn marriage, she saw -rs.Pet (in About to tr(n1818) at Hel-ston, in Cornwll, were tey cae to nableMr. leter t( -place his w;ife e14dgr ~his. f. -r' roteeton, a-s he w;-about tnak ,oae to tnouth nr Peseeroe go lPflahiouth to join hi?.: ship,' ang witness accompanj~Sirs Pgeter to in fatbqrshouse; frdm thence she,ac,c,paniedher to Wales and 3 htiwsrds Mrs. reter set out, far , ondon to her own father's .euse. T els;bind and-wife appeared' equally affect'onate-tbere waaagreat.umutunl attachment- between .them... Irs. Peter went to edaon-:bein'g.nearf her confiteiment.'She6 remained with her father's fl r-6do'fi steim .SoMCL letters of 11irs. Pete." ""re &eXhibded; .0 Stie witness, which -she sald were in thelhan5d. isitingof lier'sister-in hl:w, with shem s,he had beenh in.the habit of 0 ,Wiliam, Wright vwent-Out in the year 1819 ill the shi mghn, .hih r. Peter was captain, to Buenos Ayres. Mrs. eter ws also on board. -'itne,ss had had constant oppqrtuunieea for 65 days Of taeing the rtuaal TffeCtien'. aid attachment.which subsisted be- Stjte~ tbe. nti'eindjsi wife. He never saw hmarried-people mor6 hlsecttonate towafts each other; kft'ertHlSirhttrival at BuePos vAyres,. be hd for darlg threem'inoiiths.hb'ad in 6pportunityof seeing a con. tipsiance efitfi ysrme sin.flutisi-attahm .lVilh'am-,Cr,nsi wasownersof the bsrig Indian, and was, at. Val Pnrsairo in the.yeanf t8ol and1822, whle-e he maw Captain and -MNr. P5tt.-,hae went'pjie Fer;tbiem fro-ra Valparaiso to Ridde Ja- ne tG,m thcLttd Cathwrtshipt their passagelasted betwtceii4Oamtl5 daes Teyitucd*,ogtertbIoldn Thme Egkarm waamdisposed of at:Soat And,eites.' , 0obse.tytion up,Un the teras of intimacy be. tween Captain Peter anid his wite was, that they lived upon the hap- piest terms-a great deal. more than mnary hie hatd seern In the mnar- riage state. (A laugh.) None could live more affectionaitely to. .geiher than thevidid. -l phad frequtently,.met them in L-oiilon and. at ile cottage, wrhe.-etheirbhappine&ssconitinued uniba,ted. ' Cross-examnined.-Once he saw thein at- MIr. Beclrwidth's (h6fai-- tber'sf).' Trhere w;as aaunmarrnied sister. Witnetssnever knew Caji'-, tami. Peter to leave the house on a quarrel with his wife at VA]Opa. .raisq, not he had ever said'so-i he had h4eard that.there was a* f-,rilyj dispute in Londlon, and that Captain Peter had left Beckwith's and* gonaeto thieBaptist Coff'ee-bouise. lRe-ekamlrid.-CAptairt Peter hadl somiie dispute with the Grover- nor (as he had heard) at Valparaiso, and wvent on hoard his ship. Mlr. .James Hlaie, a resident in Cornwall, knew very well Mr. Peter's family. Mlr. Peter's father wa-s a c-lergyman whio livedl at St. Ives. He saw Mlrs. Peter at the father'si house in the year 1818; he isuec her.in the beat society in the plice. George Dixon, a resident at Liverpool, was in Buenos Ayrds in 1819, and wdis then aicquainted wvithi Mlr. and Mtvls. Peter, who resid- ed for a Week with hit family. They lived on very good terms together. Thomas HJatfield. an auctioneer at Truro, Cornwall, knew Mlr. Peter's family. Mr. Peter, the eldler, died in June, 1822, and the present plainitiff wefit downi to Cornwall to act as his father's execu- tor. He was there two months arranging the affairs, and wasg impa- ticnt to get back to London. Johin Joseph Kilbie proved that the defendant was an extensive whiolesale grocer. Witnes,s was ex'ecutor to his (Mlr. Hancock"'s uncle, fromn whiom the defendant inhlerited 16,0001. t witness dill not aniswer this last question antill he appcaledI to the Couirt, and was4 informed that he mnust give a reply,] and othier piroperty in reversion whlen his yoiunger brothier will comne of age, six years hence, whiihl would pro6ably amouint to 5,0001., addcitional2 besidles an estate, the rental of whiefi was 8401. at year. The business in the wholesale grocerv was very good. Here the witness proved the hiandc-writing of AMr. Hancock to several letters whlich were shown to him. Cross-examined--)l r. Hancock WaS about 27 or 28 years of age. His uncle died in November, 1821. Alr. SCAPLETT herep ut in letters, whichi were written by Airs. PeteL to her hiusband, while he was first in Sooth America, in 1818, and afterwardt in, Cornwall, last year. Thiey breathed the tenderest affection, and' expressed the mnost anxious solicitude for hiis health .and sfe returni. They were addressed 1 AMy dearest William," and "1 My own faithful WVilliam," anid snoke in the kiiidest termns of the attenition n)aid to her by her husband's famnily. Mr. Hancock's lettersi, alluided to by Mr. Scarltte in the opening I peh s-ethnpt in anid readi. Tiiev expiressedi the strongest friedshi anddeeest initerest in h lis welfare, interspersed with pa. etica rhasodii alot the miutability of' htimani life, wliceh the ana- I lgy f tkin uphi casual abode at inns, white travelling through i " 1Th re e~ o- ay,andI gone to-mnorrow." Edward Jon&3 eand.A As r. Peter's gardenier at Mloul. sited there, genieraly comiing oni the Saturday evenings, and leaviug on the Alonday.nsoi,ins Vitniess rememibered Mr. Peier leaving thie ccittage before see ocock on thie Monday moz'ning of the 5th o1'January. M1r. Hancoc'k had tsen been at thie cottage since the previous Saturday night. T'wo placeq were taken in the 4 o'clock, coach of'that day for 'the chiildren. Mlr. Hancock ordered his gig to I eready directly thiecoach went in thieafternoon. Wlitness brouight itt iM dIrcl as the coach went, buit thte imaid-servant ordered I hm to take ibak for about half an hour. At the end of thilttim-e le brought. the gig aan andI shortly after Mr. Hancock drove off to London, accoinp~ne byirs. Peter. Witness never saw Isis inis- treois after, buit hesahi master a few nights after. ICross-examti-ed.- tes i ot live at Mloulsey the wvhole timie. He remembered ArHaocony coming dlown Once withi Mirs. 'eter, and then thL ro wswt themi. Mfr. Peter used to he a good deal out of the suoi the fields, amid witness on these Occasions often saw Mr.Hnck sitting withi his mistress on the ,ofa, and reading to her. Mr acock used oceasionally to drive Amr. Peter out in his gig. Re-exami ted.-The little chiildl accompanied ttein oni suchi occa- sions. farriet Harman lived in the service of Mr. Hanco&?'s mnother, in Bread-street..hill. There were seven childr-an of tIme famnily residing in the house. She knewv Mr. Beckwithi's family ; there was an in- timacy between the two families. In" thei tijonth, of' J-4nuary last, the naWoiffand hisiwife came-to Mr.Hscckg'swhere a bed-room ha enprovided for them. Drn hi -stay 'Mr. Peter wvent baeck oncee or twice for a niglit or two (from Saturday. to Afonda~y') tohscta h eolce acn i a dressing-case -by Air. several timnes, and sometimes took it down a gain for M1r. Hancock's use, who wraited it. M'Vr. Peter never used the box,, and slie re- markced thiat to Mlr. Hiancock, whto said that as Mir. Peter had the key he might want it. Shie recollected that Mrl. Peter came inito the bed-room one morniing while she was making the beds ; she could not remember the day, but it was somie dlays after they came to visit in Bread-streeot.hifll the sniomerit he entered the roomn he wvent over to Mlrs. Peter's small trunk, whilch lak on the'table, and opcued it with some keys. A note was here handedl to witness, wbicli sh'e said much resembled the hand-writing of John Coleman, whbf was transported from Mlr. Hlancock's service last February. (This was the note whichi first apprised the plaintiff of his wife'sj infidelitv). She never saw any thing but fijendship between Mlr. Hiancock and Mirs. Peter, but she admittecl, when fur-ther initerrogated, thiat several times shec saw Mr. 1-lanceock 'come oait of Mrs. Peter's bed-chiamber, between I Iand. 12' oclock in the moming whiilC Sir. Peter was absent on business. She certainly thought his comiing out of the room remarkable, and hadaientionedl it as sucli among the femiale servants of the hiouse. When Mlr. Peter opened the truink, he appeared to be in a good deal of troisbl&d Cross-examiined...She could not say whete the little chiild was on thte morYning that she saw Mlr. Hancock come out of Mirs.-Peter's room. The child was always in her mother's bed in the mnoenings, and was about five years old. Re-examined..Slr. Hfancock wvent to Paris on the discovery being imade. Elizabeth Morris w-asan assistant to the housekeeper at Mrs. Hancock's, thle de?endant'e miother, and corroborated that part of the previous witness's testimony whichi described Mir. Peter's enter- ing the room, openking his wife's box in a state of great agitation, and takcing som-e pam, Iers one of it. Mr. SCARtLET rr here put in the letters,somc signed "1 John," and othiers without signature;, they were without date or name of place. These wvere ttime letters referred to in the opening speech, and v,hich contained the affectionate expressions and tender attachmyent of the defenidant for the plaintift's wife, and denoted the intercourse which had taken place between them, and that lher love had granted him every thimn. Time hand-writing ot the defendant was proved. The Plaintiff's case was here closed, and The ATTORmTNY-GE3E.FgAL rose tG Pddress the jury for the de- fendant. He did not rise with any view of excusing the conduct of' his client, but merely to put before the jury that impartial and can- did view of the wlhole case, which would enable them the better to Pronounce on its proper merits from- the factsas they had really been subm'itted in evidenci before theni. The jury must know well the great .advantage which the plaintiff mostly had in cases of this dle- scription-he had thie cards entirely in his own hanids-he had the letters and the evidence for his own selection, andI he produced just as muchi fromi the one and the other as he deemed proper and convenient, naturally enough withholding just as much as nmighitprejudice lils object by exposing the wliole matter in the unreserved waY in which it mighit have occurred. He said this with reference to the general observation of his learnedI friend rslr. Scar. Jett : and indeed in almiost every catse of this kinid there was a de-sire evinced by the plaintiff, or apparent on the face of hiis conduct, to withholdl som-ethiing, which would, if produced, be calculated to cast a new complexion upon 'the transaction. But in all these cases where Stich stress was laid uponi the existence of previous domestic happi. ness, the jury always had before them those memnbers of the famiiily WhoG could, frotn their situation, best give evidence uoon such oc(turrences-tbote who must necessarily have had at all times, and under all, circumstances, thie best opportunities of seeing the parties whose hapipiness had been interrupted. The plaintiffrwas always bund to afford the jutry the benefit of suchn evidence, for the purpose of showing the mutual conduct of the parties, and from thience to enable them the better to estimate the loss which he hail sustained. Every thing depended in such cases upon the coin- porniment of the huisbandI to the wifie, upon his prudence, his care, his caution, his discretion, in the control of his wife, and the sotiety to which he introduced lier. This was of the very essence of such a- catuse as this. The jury would tlsen see from the nature of the evi- dence what was capable of being proved, what was proved, and what must have been withheld. Now, wvho had been called to prove the dome.stic attention.s of the husband? Only one lady, tshatlady his sister, and who had merely once seen Mlrs. Peter immediately after her mnarriage, when she paid a visit to Cornwall, and was but one day of the time in ner husbanid's company,' while he wasi on his journey to Falmouith. The only other persons whio sPoke of seeing Mfr. and Mlrs. Peter together, were the Ca- sual passengers who had imerely met them for a short time on board s3hip. WVho even proved the marriage, which musit certainly have been attendled by some members of the respective families of the parties? Nobody but the old aniddeaf parish-clerk. The At. torney..General then referred to the evidence, amidi contended that from the year 1819 to 1823, there had beeli no evidence produced of thetem ufpon which the Plaintiff and his wife had associated. It winessesfo the fansily hiad been called, thidn they miight have heard what was the aseal domestic situation of' the parties. He had set out with saying that he didInot mean to justify the conduAct of his client, wvho had fallen the.victijn Of anI early anid overpowering passion). IVas not that evident. frorm the dieclarations which some of the letters cont4ined-...etters written in that confidlentialointer- c-ourse, which was 'apparenit from thle correspondence itself? Btit, said his learned friend, ~' it is false thern was an early passion," for if theare had been, they migzht ha~ve indulged in all their wishies, as the defendant, who was of the, samne age as the gentleman whom Mliss Beckwith had aftPrwArdsin arried, would no doubt have been a gratefully accepted suitor. Did hi-, learned friend forget, that at the periodi to wvhich he alludled, Mr. 'Hancock was only. between,20 and 21 years of age-that he was depertdent upon an uncle then liv~ tin, xll mihtnot have entered into the spirit of this romantic at., a mn Did not the recollectionl of such a circusristance abate hia learned friend'ii conjecture, that the early. loivc wyas a pIetext set up fr th occsion Theevilin tis ase had arisen frorh the udi. fortnat oportnitis wichwer so nthnkiglyallowed tie de.' fondnt,aftr yers f asenc, t coe ino cntat wth the object of his arlestattahmet. U wa knw lfe ustbe -aware how or those precutions on the p tart of. the husbatid wsicbhthe relatvesi tuation of the parties ought to' have sugge sted. . This gentleman had, it appeared, allowedl his wife to remain wvithin doors itt the cot- tage withi the defendant while he was himnself engagked In 'dhd fields, permitting the defendant to have the opportunitv proved.in evidlence, of sitting on the sofa w7ithi his wife, entertaining her with' romnancel readIiing. (Mlr. SCARLET T..-..There is no proof of 'that.) Did his learned frienid then think that the defendant took suchstin opportu. nity of reaxhing sermons to a- beautiful young -lady-? . Surely. when such opportunities wore allowed,'- there 'was so)iie pallation for the * increase of that' asiswhc ah,i h -end, overpowered the parties. Waa thiere nor some alltowance'to' be mnade for n man's falling undjer such circumstances, when) he hsdhbef'ore him every thiin% to fan the early flame whici 'the - chiarms of 'the laly' hapd kin led in his bosom ? ",I would," con. tinue'd the Attorner::General, " put it to you, gentlemien of the jury, whether, if placed upon a sofa, by the side of-a beautifl-l'woman, with the privilege of selecting your own books, to' whisper from them into her ear-.-I would pu~t it to you, whether youa do not think yoiu, would find youxrselves -in a situlation,of considerablei perl OP" Mroadlaughstet.)' -1f'tln, thiss Would be-your'risk, wrhat' ntist 'jt net be teoa rohlg man of six-and-tw'enty' nex't- a lady of the sahe age? Surely afi3le of symnpathv was a tOe of love'undev such cir- cumstafices; anad suceh an' opportuRitig of'otrfggtahetfi~ havelet in all the sbfter passionis. Th-ey -all k'deiwfliat - .I"'Pity e-helts tIme somul to love.',. - TheJu'ry in'wc'wing th'e case had to go onestep~furtber. .Thse-badto observe,~ that this ifitimacy- was ppiitd.btol own I bitt also time7 ft~~~~~~~~~~~e iut by the defendant in his gig, theit only conspasifon being a child 4lve years old. lould not that strikethe jur as being a gituation of rather a ticklish sittuire fefanyof th,xeiveS to be placed in ?- ,('A laugh.) And were theyto beitisutt1tcail'dupon to saY rwbi' were the odefinsingof an experienced seducer, 7 tdtheynot?see that the defendanthad become y egrqs e4 ii ffUT of this offence, without at all confewnipl 3t *hen hisir renewed wi$h tile gamiily. l' end?l'id 'experience in life. he (th& Aitoi el Wduld 4ib''he same.; Did' tliey ntiot -k'owfroni ti expmence, ' tIa iihi l kind had not in general 'th control over their feeings'vhich was In courts of law required, frq%tlies. ESThe way to avoid sirY was toavoid thc temrptation 'to itsc* nusslon; for fe; men could say thev would remain fred fromi 'en l, if theencouragenent to the indslgence of their passions were so unrestricted as it had-nfot tunatelv been in tbis case. Ile must deny that she defendant had been guilty of a.ly dbliberatc seduction. Afr' Peter hadanfdrtu' nately. permitted an intimacy to exist'which ripened an older attach; ment. This was thereal state of the case, so,far as the'pasiony of the defenant had becn brought ino plav; and he must again press upon their attent on the absente of all pfoof from the f;mily, wlo must have known It best, of the terms of'domestic life on which the husband and wife had lived.. As to the ldtters which were read in evidence, they showed nothink;of .thb kind.' Thev were fourin all; two of tlem written by the lady to her husbarid at. most immediately after her nmarriage; another written dluring, the following year: so that there was a blank from the year 1819 to the year 1823. Where were the letters which must have passed in the interim ? If they were forthcoming, ther might throw a new light upon the.case. He was not here contending, after the passages in the letters which had been read, that the act of aduiltery shad not been committel; he was merely urging the absence of that proof, whcihl would have been" of importance In enabling' them to estimate the only remaining -question of damages. --e- knew. that the jury must give damages, but he relied on thcir only giving such as woluld satisfy the ends of justice. Fie again reite,ated to the jury the early attachiment of tle-parties-how the plaintiff (no blame attacited to himT for doing so) had interposed and taken the lady to himsele'and how, after the lapse of a few years, the plaintiff' had allowed a renewal of intimacv, in a ma?ner so in - cautious aml imnprudlent ns to expose him to ihe faital reshlt which lad ensued. Ile conclu3iedl by entreating the jury to take a cauln and dispassionate view of the wholeWcase, and weigi the temptation when they estima'ed the injury. 'ile JORDn C0E1 F JUSLTICE briefly urnmmed up the evidence-to the jury, and reminded thiem, that the defendant had, in the lettters which he had written to the plaintiff's wife, admitted the affeetion whlich her lusbandI had shown her, and contrasted its comparative cooliess with the ardour of his own inflamed passlon. The Lord Chief Justice here read the. passage In the letter quoted byMnl Scarlett, in which the defendant touched upon the influence wbich the husband must naturally have over lier from his acceas " by day' and by nigbt " and reinarked that ir as written in the 1aUnuage of a man addressinig a woman whose husband at least had behaved well to her. He left the whole case -to the jury, to glve, upon tbe evi- deuce which they had heard, sueh a verdict as a temperate atid dispas. ionate viewof tle e ase eemed to them to suggestandrequire. The .urv, after five minutes' considerat ion, found vt verdictfiWthe plaintiff'-Damages 5,0001.' - COURT OF KEN'G'S BENCH. GuIALDIALT..-Tvwi -PETER V. HAMCOCK_CRIM. CON.