Sheriff's Court, Dublin, ...
The Times, 1824-06-09T00:00:00

A Ills aay Unis very important case came on before MIr. MIHAHA,N as Assessor, and a Sheriff"s .Jury of great respectability. Alaurice Godfrey Mloore, Esq., was plaintiff, and the Hon.Richarl Fitzgibbon, defendant. MIr. HOLWELL WALSH said this was an Inquiry to assess da. mages, arising out of an action of trespass, vi et arorns, judgment having gone by default. Two counts in the indictment enumerated assaults on Diana Aloore, then and still the wife of the plaintiff. Damages werelaldat 30,0011. TneSor.rcFoT.RGrENEUAL said It was an actlon broughtby the plaintiff to recover damages for the seduction of his wife. For ten years they lived together in a state of conrnubial happiness * she bore him several children; her character has been stained, andhis honour in consestuence; they were cousins-german, descended of a noble fa- mily: their Infantile amusemeRts were sought togetlher, and an at- tachment grew as they advanced towards the prime of life4 it grew with their growth, and they passed the period of their youth happily together. The lady resided for a ttie at the house of the lbn. Mrs. Crosby. in 1809, Mr.Aloorefound hirtselfpossessed, when hecame of nge, ot'6,0001. a year, and hastened tolavbis fortune at the feet of his attached friend. His mother remonstrated, pointed out that he was yet too young; he yielded, and in 1812, passing on the continent, travelled Into Greece, &c. i but he founcd himself, by some secret attraction, drawn to England; he found the lady still attach. ed, and made settlements, when, in 1814, a martiage took place. They returned to Ireland, and resided at his seat, Moore's Fort, where they realized all those contemplations of connubial hiappiness they had so often pictured to themselves. In 1815, an acquaintance commenled with defendant at Mount Shannon, the seat of the Earl of Clare, his brother; an intimacy took place; there was no dimi. nution In the afFections of Mlrs. SUoore towards her husband ; but afterwards her mind seemed alienated from her Isiisband, and to re- lieve the ennzzi of that dull stupid place, as it then appeared to her, she proposed travelling to lIondon to change the scene. The plain. tiff, by some fatality or accident, soon found the defe~dant at his house in London. In 1821, Mr. Aoore could get norents from Ire- land; all knew of the difficulty of collecting rents at that period in Ireland. Air. Mloore came to Ireland to colect the means of his ;support; he did receive some money and returned to London. Af. ter thathbis means became totally extausted, and he was arrestedfor debt. He proposed to mrs Mloore to return home: she was reluc- tant; the defendant came forward and discharged his debt. Ur. Moore again came to Ireland, and then he went to London again, and prevailed on MArs. Mloore to return to Ireland. Mrs. Hutchin. son, Plrs. Moore's mother, was just then residing in Bou- logne, and invited them over; they went and stayed some little time. The defendant, as a friend, accompanied them to show MIrs. Mloore the capital of France. This was consider- ed but reasonable, as they were near Paris. There irs. Moore's manner became totally altered, and she displayed much ill temper, which Sir. MIoore attributed to ill health. She wished to go to Italy, which her husband's means would not allow; Colonel Fitzgibbon said he had the means, -nd would pay the expenses of travelling. This Mr. Mloore positively declined, and they ereturned to Boulogne. MUrs. AMoore, however, became more unhappy, and to Italy they ultimately went. Mrs. Mloore was delivered of a child at Soignies, shortlyafter. Air. Aloore beinm at that time in rreland, andas he saw in his wife nothing but tbe strictest deco. rum, and in his friend nothing but the hxahest honour, the birth of that child excited no suspicion in his mind. The plaintiff and defendant met at Brighton shortly after. The defendant was anx- ious to see South Wales; Mr. Aloore acquiesced in the Colonel's desire of accompanying them; they embarked at fiIilford. .Urs. Moore had for some time complamed of iU health and on that pretext Air. Mloore was excluded from her bed. Subsequently, separate beds were. by her directions, prepared at hi5 ow-n house. Alrs. Moore's disposition became more and more morose; every day she confined herself to her room. At length, things went n: thus disagreeably, until one morning, at breakfast time, she eclared their tempera were not formed for each other, and that it was better to part. Mr. Aloore was astomished at this, for there never vas a more indulgent huaband-one who had never enied her any reasonable wish. He declined making a deed of separntion. He appealed to Lord Brandon and others of her ricns, andshe appeared subsequently more improved in temper andmaners. She wished a lodge taken at Donmore; this was grantedi. She wisned he would take his soni to school ; he complied. Rejoiced at this ap,uarent charige in her temiper, he went to Donmore, conrluding he wo a find her there. She was not there; nor at Moore's Fort neitlher; nor was she at Baron Pennefhcter's, his coun 3in's, or any neighbouring houLse. le tiLl flattered himself that all was sa~~_~' 1'~zdrue unpollute...lea3t of all did he antcpe any Ill from his dace,- ''-J--* At last her couse wvas discovered by 1r. SIoore's friends. On the z,t - after she had despatched her lusband with her son, she ordered anil pbjjceeded in a chaise with iOritwO las tbornchildren . Tlh eadtefiendant met her at flowth; she lotint hi crrige;remind i itondeck dusing the voyage, and tas slung on shore in it. One servant demzfnded a discharge, and wescived it at Dover; another at Dij on, and the melanch.ol.y certainty zwas, that they werer now living- together on tbe Coutlnent irn open adultery. The mnelancholy and piainfuil intelligen~.e was cautiouslv broken to Mir. M3oore by his cousin, Baron Pennefather ; but, not-. withstandine all this preparation for it, wheni the fact was impartedI to him, lie fell on thie groundl as if shot by' a pistol, and remained in such a Rtitte for a considerible time, that tears were justly entertain-. ed for hitflife in the first- instance, and next for his Renses. These were the ~iimple facts, which were ownedl to and admitted by the defendant, in suffbring judgmcnt to go by defauilt; and the jary were then assembled to ass,..s the dlamTages. Wlilliam Mloore, Esq., sworn, was examined by Mr. BENiXETTj K. C.-Eie said he was brother of the Plaintiff, and proved the cer- tificate of the miarriage of the plaintiff to Mliss Diania WVoodcock, at Bnfiqid Chu ci,, in England, on thne 26th of Mlarch, 1814. The witness is in the navv; had bcen abroad; returned in 1816; lrs. Mloore's first. child is living; he saw Mr. and Amrs Mvoore two years after the miarri-ige, in 1817, at Donimore, and never saw a mnore happy or untited couple: he dbserved thze samne in 1818, and in 1819, in Moore's Fort, coanty of Tipperarv. lie knows the de.. fendant; he is, he believes,, the second son ot' the late, and brother of the present, Earl of Clara; in 1820 and in 1821 he saw a change in Mlrs. Moore's manner; she was dissatisfied, and wishied to go0 to England; n18-22 she appeared discontented in London. Mir. Moewsthen with lher in London, and continue4 his aftentions to her; he expressed unhappines at finding his wife discontented; his appearance was certainly that of a man who was unhappy; he went to 'Ireland respectring his affatirs: the rentst were not paid, owing to hiis absence; his rentAl is 5,0001., and after coming over to clethsrn,hertrebeweitwo and three months, as soonas h gotthe oney liewentto,andl retuirned fromi, [reland Moor; h reaind bt to dys n Lndo afer hatand then wentwit Mrs More t th Co~iner. A th endof ay,1823, witnes saw tem at oore'sFort: rs. Moore's appeaaneand deneanour were totally changed then; she appeared to have lost all sort of interest in her children, hier husband, or his family; Mr. Moore is now at Moore's Fort; he never saw Mrs. Moore since. Some arguments were advanced here by Counsel, relative to the forra of the following uestion Illr. BxErTrETT'r K "Y' ou s-aw your brother in Mlay, 1823, and what has been his state since thea ? 111. Moresai, le nversawa mn i a tat ofgreater wretch. ednss,quie dffeingfro hi usal ispsiton.Mrs. MVoore had sixchidre; te to edet dughers hi thrdand fourth chil- dre, wre or, 'e frstealy n Jnuay,181, te scod daughter greaer atachentfroma moher so er cildrn. Ms. oore is a verv beautiful woman, now about 33. C-orss-examined by Mlr. Rl. JoHirsom, KC.(-.Thedefandant was a Representative in Parliamnent for the county of Limerick, and is so still, in about AMkrch, 182'2, and In the absence of Mir. Moore, .Mrs. Myoore was confined-be should think defing tfhe month ot April; on his arrival she was down stairs WVhile at Florence his brother wrote to him that Colonel Fitzgibboni was with them; he often mentioned him in his letters as a very great friend; he heard that the Colonel left them at Amrs Moore's confinement at Soignies; when Mr. M1oore left his wife in London, it was frori necessity, and on accotint of his affairs Mlr. Mioore, up to the period of his going abroad, was always the receiver of his own rents, sand until an order of Court came down by legal process, and in consequence of his absence. John Bolton Mlassey, Esq., sworn, and examiined by the SOLICI- Tort-Gi,EsREAL.-.Lives near the plaintiff;, their demesnes nearly join; lie haLd known Mlrs. M1oore seven or eight years agreat inti- macy always existed between the witness's and Mr. 3io're'a fhamii ly ;he thought they lived very happily in 1819. When lie went to re- sid athisestte,in 1817, and as long as he knew them until slie wentawa, thy seme ver hapy;he was a very indulgent hus. band sheapperedtoaepiei her chiildyen ; it was quite her hobb at hat ime.He hd nodout that a great friendship subsist.. edhewesathe laitiffastd the defendant In 1822,, and during the distrbaces itwashardly possible to get the means of existence; witesshimelf inconsequence of the state of the country, was oblgedto omeove; after her return from the Continent, he called to see Ilrs oore ; she would not see him ; before that she was alasathm when be called. llL. Moore is changed in manlier an Ooka for the worse; his spiritst are quite gone. Andrewv Armstrong, Esq., Al D. sworn-proved that he hiad been the medical attendant of Mlr.'Meore ; attended Mrs. Aloore, at Mloore's Fort, whichi is within five miles of his residence. viz. the town of Tipperary ; he attended M' s. Mloore professionally on her first and seconid conifinemient; ha bad repeated oppiortunities of seeing how they lived, whiich was on the most affectionate and friendly terms. At the latter end of 1823, he was called in to vac- cine two of the vounger children, and was then coDsulted respect- ing Mrs. Moore's health;, she was in a bad state of health- he or- dared strengthening miedicines, a cold bath, and sea-bathing for her. On the 23d of September, 1823, he was called in to visit Mlr. Mloore, whom he found stretched on the flsor, supported by hWs servants, quite insensible; on examini-ng, he fouind him in an apoplec,tic state; when eight or ten ounce of blood were taken fro hisarm;, he spoke to hirm; his pulbes wrere a little quicken. ed, but at the samne time depressed, and indicated more of apoplexy than fainting; he consideir it a dangerous case ; he helpd hm aoutthe room, and in 15 miinutes after, he saw he wasfalinginsnsble to the ground from a second attack. He becae a ood ealalarmned, and gave Mfr. sMloore anti.spas'nodic medcins t tr ad re-animate him. To his knowledge, for 20 yeas. e hd nverbeen attack-ed in the same way before The witnes addedthat r. Mloore continued so ill;_~iat he was obliged to rmaiin ~ hose that nighf; Baron Pernntifathler and the Rev. Mr. oor wee tere t te-tme;thestate of Mir. AMoore appeared to hm wild and extrv n eoete second attack; after that day lie had no deid rlpebtnot being altogethier well, wit- men* asmaimed iclmn , itwstbwn nighit also in his judg- mett, a mhmedercatlyobvious his illness Waste result of a strong mental agitatin Baron Pennefather was the next witness sworn. His Lordship stated that he was Mtr. MIoore?g`ousin.gerniass'and guardian ; sub. sequent to the marriage of MVr. and Mrs. Mtoore, bothi lived on ex. cedingly good terms ; Sir. Mloore had the strongrest sifition for her, which at first shie retuirned; this continued until the separation ; the Baron was not with himn when he (Mr. Albre first heard of _Mrs. Moore's departure; Mr. Mloore camne f`rom aVteford to his (the Baron's) house at Darling-hill; he had been informed slie had left ooesFort, but was not apprised of the occasion; he appeared ignorant that she-had gone with ally body; he remnained one or two niglits at DarHng.hill, and went to AMoore's F'ort, 90 miles thenice;, anid in about a week he (the Baron) became satistfied, from informa- tion, that Mrs. Mloore had gone vwith Mr. Fitzgibbon ; he! arrived at Mo0ore's Fort, with the intent of commnunicating it to Mir. Mloore; he met him at six o'clock before his hall-.door; it was about the 10th of last September; in a few minuites the Baron told him that he had received inform'.tion which satisfied him Mlrs. Mloore had gone Off with Colonel Fitzgibbon ; the effect produced by that com- munication was the mnost sudden and violent he thought lie had ever witnessed; M,br. Mloore dropped on his face as if he had been shot, becamne altogether insensible, and to appearance dead ; the Baron was exceedingly alarmed, and had him carried to his bed-room ; he workedI in strong convulsions. The Baron moved away his pitsols from his bed-side;, his razors and fire-sruns, also, from an adjoining room, while he was Insensible. Mfr. Moore wais quite insensible apparentl.; but viewing him, he struggele to where his pistols had been5 stretched out his hanid, and exclimned, "Somne one haa taken my urms."'The Baron told him he had re- movd te pstos, ut e seme quteinsensible. Dr. Armstrong the arive; e ws i hi raso, bt vrymuch distressed in mindthe extda .Ther ar nuwfiveof rs. Moore's children- alie, ne ie. '~heyouget cildenwere born, lie (the Baron) undestod, n 182 ad 123: he astbirth took place on the con- timet; h coud ne saylie ad sen rs. Mloore for two oe three MNa rgaret AMoronel' had lived asi servant in Mr. Moore's family, first in February, 1818, ris under house-imaid; in Alay following s9he went into the nuirsery; was altogether four years in the fami- My Ar. and Mrs. Mloore lived oni good terms ; none better. When the childrcn were going to bed, Mir. and Amrs Aoore came to seeI themn every night; they each heard them say their prayers andi were remarkably fond of them; when they weat to Loden in 1821 or 1822 she left them ; thinksi it was 1822 : she returned to them wvhen 3i1rs. Mloore came from-theconcinent last August ; Mirs. Aoore left Mloore'si Fort on a Sunday morning, in September; witnessI, and another nurse, named Saurin, together with her ownI maid, and the two younger children. Went with their mistress; they slept at HoWth the second night;4 Colonel V~itzgibbon arrived there the same evening,- that was Mlonday evening they went next mnorning in the patc'et; Mlrs. Mloore, she understood, remained in the carriage on deck, and was so hoisted out of the ship; witness wenlt to France with them, and when she saw what Mlrs. MoGore was about, she wanted to quit them at Rheimst; she afterwards in. 8istedI on leaving them; tls e Colonel and Airs. MVoore travelled under the name of Grenville. She produceed atit 1stoved their passport; thaev livedl together aS nan and wife. l'aptain Skinner, of the Vixen Holyhead stemn-packet, emem- her Colonel Fitzgibbon on board in September; saw the fair hand Of a lady fall down;r the carriage blind ; Colonel Fitzgibbon did not give the lady's name, but p aid for her pass age; he (witness) muade every effort to hear who the lady was (laughter), but did not succecd. Alr.WiWamn Ashley proved. that 2,0001. B-year was the value of the office of Usher in the Court of Chancery. It was admaitted by Colonel Fitzgibbon's counsel that he was Usiher to the Couirt of Chancery, Air.Brabazen Stafford, of the principal Traiifer.'office in the Banlk Of Ireland said, that in Mlay -last Colonel 11'itigibborn 4pp&ars to havehadl 2B4001.1 stoc'k in the ]hank cof Irelentl in the 3i per cents.' The nlain'tiff's case closed at a quiarter befofte four, when MVr. P- Jouz;so? addressed thiejury on behalf of Colonel Fitz- gibbon. He said the Colonel had been but slightly provided forbyhis noble father,and how money could havebeenadcurmidted in the Bank In his name was quite surprising, for the other side had not shown that Colonel FiEzgibbon had any real property to suipport his rank. Punishiment, lie insisted, did not belong to tYe tribunal before him, Colohel Fit7gibboti catue forward, deploring the event, and there was a great difference between his conduct and that of a libertine who lored i hi crie. herewashere every thing accidental, The ssuso~ adresed he jry ith impartiatlity. The Court was henclered an, ater elieraingforaIsort time, the jury foud vedit fr heplantff f ix hosad Pounds damages, SHERIFF'S COUTR ', Dlublin. June 3. I, . CRItM. COl.-.MOORE V. FXTZGIBBO.