Exeter, Monday, Aug. 16.
The Times, 1824-08-18T00:00:00

1 hts case was called on at the suggestion of the counsel, who said that the facts were of a particular nature. All ladies were requested to retire. AMr. Sergeant PELL stated, that it was an action to recover com- Vensation in damages for the toss sustained by the plaintiff from the defendant, in consequence of criminal conversation with his wife. Aftcr mentioning the nature of the case which he had to submit to the 3,ay,henceP not state that it was one which involved an {niury ofthe deepest kind which one man could inflict on another. that could one man do to anothier which was calculated to entail a greater share of misery tipon him, than to find that he must forfeit for ever the society of her whom he had selected to be the sharer of his joys and sorrows in this life, who was the deatest object of his affections, and the centre where all lsis hopesof happiness were united ; apd that he mitst not only lose the greatest source of felicity, but that he must also become the object of the ridicuile ant reproaches of those to whomn hismisfortune wascommunicated?Thepartiestn thiscasedidnotmove in an elevated rankin society. Theplaintifi,for whom hehad the honour to appear, would be fouind, he believed, to have conducted himself, durIng the-perfod of his marriage, with all the tenderness and care rwhich tke relation of husband cailed upon him to bestow on his wire. *iis circumstasices were easy, arising from the effect of his own industry, and the respect which an honest and diligenit disclarge of the (luties of his employmiient enabled himi to acquire. He filled the office of foreman to a cotmmercial house of the first respectability in Exeter-the house of Mliessrs. Wilcox and Co. The businems whichl he had to attend to in that capacity, was performed by him with so muAc attention and s kill, as to obtain for him the greatest credit and the permanent confidence of his employers. [The state- ment was here interrupted by a consultation between the opposing counsel, with a view to an amicable adjustment, but the earnid Sergeant proceeed.e He felt extreme pain at being under the necessity of detailing the circumstanceN of such cases as the prescact. They were calculated to excite disgust and pity in the minds of those who possessed the smallest portion of s~rnpathy for the afflictions, or of indignation for the depravity of tneir fellow creatures. But, unfortunately, the necessity of exposure became imperative.thii client must sit down under his injuries in uncomplaining silence, or appeal to the justice of his country, through the Judgment of an honest and upright jury. In the outset of his case, he wa, ready to admit that the condttct adopted by the injured party towards his wife and tho defeadant, was matter of the greatest importance for the consideration of a jury, as calculated to affect, in a miaterial way, his claim to cow pensa ion. If it was seen that the plaintiff was in the least degree accessory, twhether by crimi- naly conniving at his shame, or negligently permitting the repetition of occasional tainillarity, then it would be just to say that a man, against whom an imputation of such folly or corruption could be roperly brought, was not entitled to the consideration of the Jury. ni tepresent case no such misconduct could be ascribed to lil client. The hlitory which he had to detail to the jury was a singular one in many of Its circumstances: it was painful, and would show the defend- ant in a light which was little consistent with the charaeterof a man of honour. He should be able to satisfy the jury that this defendant deliberately planned the wicked schenie which was to terminate in the destruction of the peace and comfort of the pluintiff for ever. However painful the detaiis, and however anxious to avoid the in. quiry, he must proceed with the circumstances. The plaintiff as he had before stated, was employed in a house of great respectability in that city. lIe had early formed an attachment to the (daughter of Air. Home, the lady who since becrame his wife-an attachment which, as lie had afterwards proved, was entirelv reciprocal. In 1818 they were married and from that time forward, they lived in a state of happiness, wbici proved to each other the propriety of the choice they had made. They were then respectively of the ages of twentyt seven or twenty.eight years, a time of life wheit it was not likely that parties would commit themselves irrevocably upon hasty and improvident grounds. In fact, he should show, by directtestimony, he should satisfy thenm by witnesses who had the bestopportunity of mnarking the degree of happiness in which they lived, that greater com- fort, greater domestic feliciy,was seldom the lot of any parties, than ad been enjoyed by AMr. anti Ai rs.Tibbs after their union. T'he de- fendant was a nian about four or five years older than the lady, and he was very sorry to be obligeti to add , that he was a married man. The latter words of the learned Sergeant seenmed to bave carried the fear of exposure to its crisis amongst som-e of the parties; for an idividual who was sitting r.ear the table, and who hung wvith en expression of the mnost anxious interest ott the words of the learned counsel, made an instantaneous com'munication to Alr. Sergeant Wilde, the counsel for the defendant, who forthwith announced it to Mr. Sergeant Pell. A consultation took place between attornies and clients ; which ended ill a statement by Mr. Sergeant Pell, that the garies agreed to a verdict for the plaintift-.Daniages 501. The ver- iet was accordingly returned. CRISMtNAL. SIDE. lsIac Beer was indicted tbr highway robbery on thte person of Betty Hoare, a youing girl, servant to Air. Nicks, and stealing fron her a basket and some firit. rhe prtsecutrix stated that she was senit out by her nmaster on the evening of the 24th of July, between nine and ten o'clock, to take sunile fruit fo a neighbour. On her-way she met the prisoner, who l attempted in a violent way to kiss hter: Site wotild not permit him, ansd in conseqtence of her resistance lie struck hler a severe blow, which stunnied her for the instant. tle then seized the basket orsieve and flung them over the hedge. Shie was very mtich frightened, and cried out murder, when tthe prisoner ran away. As sooin as she re- covered, she rose up and walked towards Exmouth, and on her way thither she inet Alr. Alarshall. iUr. Charles Alarshall atated, that on tlse night in question he tnet the witneass. le had previously heard the cry ot" inurder," and very soon after he saw the prisoner. lie asked him where the cry of "mur- der" was. The prisoner sai(l he did not know; but witness suspect- ing from lils running, aud eadeavourirng to pass ont) that lie was the person who committed the mischlief, if any had been done, lie knock- I ed hinti tiown. The prisoner got up and attempted to escape, biht witness knocked hbm down a second timc, and also a third tine. Two men came up tlien, who told the prisoner to escape, and he got o$T. Vitness wiuited a few minutes, when the prosecutrix and Mr. Nicks came up. They then pursued the pris,oner, atid succeeded in taking hini. Mlr. Nicks stated, that he sent thle girl out with the fruit ott the rtightiri gnestion, and that shortly after she weait out, he heard a cry of "nmurder." He run into the roatd, and found her with the last wit- ness, whom he assisted In taking the prisoner. TheJury consulted for a few minutes, when a verdict of Guilty was returned by the tbreman. jMr. Baron GAR ROW addressed the prisonet, and said that but for a formal error in ithe indictirient, lie rnight have been obliged to pass sentence of deatlh on hi>e, and utidoubtpdly would have lefthim as a t object fbr execution. A mllan who could brutallv strike a helpless and unoffendirng girl, anti rob her wantonly of her nisaster's propert could not obtain any remission of the punishment awarded b the law. The sentence of the Court therefore was, that lie be trahs. ported for seven years. Scarcely had this sentence been Pronounced when one of the jury turned round to the Bench, and said, " My Lord, we were not agreed.", ,t3r. Baron GARBfowv said, that the foremran had distincElr re. turned a verdict of "guilty,' and he was not aware that any of the jury bad expressed their disapprobation, though they mustall have heared tle verdict Nothing, however, could justify the foreman in returning a verdict, unless he had satisfactorily ascertained the unti- nimity of his fellows. His Lordship then directed them to reconsi- der thair verdict. They immediately, after consulting, returned a verdictof Gnlilty, anrt the Judge repeated the sarne sentence on the prisoner as before. 'I'he let ter carried by Sir farford Jones from the Kinig of England to the KinF of Persina, was, during the jouriney of the embasay through Pcersa, always placed in a takht-e-ravan, or litter, whiich was escorted by ten rndian troopers and an oflicer, and wvas never taken out or replaced without the trumpet of the guard sgound- ing a blast. Whenever the train stopped, it was deposited in the tent of eercmony, under a cloth of goldr; a nentry with a drawn sword was placed over it, and no one was permitted to sit- with his back to it. The correspondence of' Princes is an object ofgeneral r- uverence in the East; and the dignity which, br these observancem, wvas attached to the letter of the Sovereigu, raised among the people Ia coreFspoading respect towcodZs his represenea.ive. EXETER. MQINDKAv AutG. 16. II-c v T rT