County-Hall, Warwick, Sat...
The Times, 1824-01-13T00:00:00

i Zf n IVntS7Z w[X1," 'miswas n-inuirybefre the SherifF to assess dainages against: 'th deednoorciia onversation with the plai,itiff's wife, jugrent havina gone by default -Damages laid at 2,0001 The plaintiff is an eminent merchant and factor at Birminighalm, nnd the defendant his clerk, who hias since left this ooantry, and is niow stated:to be in America. Mr. ADA3M8 opened the pleadings. Silr. READEn. who was- broaght dowvn specially from London, stated the plaintiff'5 case at considerable length. He. commnenced. by observiar, that they were assembled to award damages for one of the most grevous injuries man could receive from man. The plain- tiff, as they had heaird from his learned friend, who had opened the Pleadings; sought a cempensation in damages, as far as pecuiniary da- mages could be a compensation, against tke defendant, for seducing the affection and defiling the person of his wife. The crimeof adul- tery had in all ages., been held in the gretest abhortence, as one of the greatest oiffbnces against the well-being of society. By the Divine law, as delivered by '~Ioses, it was punishable with death. The awful sentence was-.." The adulterer and the adulteress shall in- stantly be put to death." The municipal law of England, in that particular, was, as he must be permiitted to think, defective. It did nut make it ans offernce "1to be punished by, the JuAges," but gave to the injured husband a civil reparation only by action for damages anid enforced nio other punishment on the adulterer than the pay- meat of such damages as a lury might award. An excellent bill had been. brought into Parlitanent a few years ago,, and had passed the Lower House, to make adultery an offence punishable by tine and imprisonmient. It had, however, been thrown out inl the Upper House, by, assa great man of that day (the late Lord Ellen- borough) most eloquently termed it, a confedlerated host of titled adulterers. The only compensation, therefore, inadequate as it was, which the plaintiff now coaid have, was by Ruch damrages as they should think fit to give him, for the loss of hi appiness and th'e deso~lation of his, feelings, in finding himnself bereavedl of the affection I[of his wife and his four infant children during their infancy, and the formation of their minds to virtue and religion at a maturer age, which a virtuous mother could best afford themn. Afr. Reader then stated, that the plaintiff, Mr. Carr, wvas a merchant of considerable eminence, and unimpeachable respectability, residing at Birmning- ham. The defendant~ was isis confidentiel clerk, at a salarv of 2001. a year. The plaintiff married his present wife 'in Mtay, 1816. He was at that time of the age of 34, andt she 19--a disparity; though somewhat greater than might be wished, yet not such as to preclude the expectation of complete happiness_ especially as it was the lady's- entire and cordial- concurrence. as he was then certainly the object of her exclusive-affecions. He then stated the facts, as theey aeer- wards appeared in evidence, and read the two f'ollowing extracts of letters, which he said he would afterwards prove were sent by the defendant to tbhelaintif within one short mnonth of his seducing the plaintiff's wiife to desert her husband and her four children, the eldest of whom was bet four years old. and the youngest net quite twelve months :.-_ "1Birmingham, Sept. 1, 18-23. "1Sir,-While I am writing this, the friends of Mr. Foster are laying him out, having just departed to that unseen w:rrld where judpuent wil be administered withi equity. To him this world is notrg and what will it be to us, more particularly to those on the borders of the grave, whio are tyranni7ing and oppressing the in- nocent without cauase, and persecuting to perdition, as though wor- thy of death. "1Let him that thinketh ha standeth (the Scriptures say) take heed lest he fall." By- their works will he judgFe, and not by profession. He searcheth thie thoughts andl intentions of thie heart. We need be also ready, for in an hour when we look, not our souls mnay he requiired. I don't know wheni I have experienced so muchi sorrow, all all this sudden disease of Mr. Foster. But where is his soul? Time will tell. I know not how to leave tlis mneditation to descend to eaitblv considerations, of which my best interests have been assailed by uiiek-ed professions, but know thnat for all those things God will bring themn into judgment. I hiave done my, duty to all concerned. I have followed peace andi pursued it, having a conscieciie pure; having acted with honesty, puinty, iota. grity, sincerity, aind veracity. I nowv leave thte is-sue of the aff-sir to Providence, whio knows the end from the beginning to cud, and will imipart to evcry one hiis just desert. I shall say no more on this sub- ject, being enabled to vindlicate my conduct with innocence and faithfulness. I have juist had a note to annouince to me, whilst writing thisr, that my fatther has been siuddenly taken ill, and dfan- gerous. Is this the timne to continue in discord ? Hlow long will it be before it is annoiunced to ouir souls-This day it is required of' thtee ? Hoping we may be preparcd for our departuire, when it coruetl,-I remain, Sir, youir most obedient. Tro Mir. Carr. "WI. D. LtLTANIOTrON." "Birmninghamn, Sept. 8, 18-23. Respected Sir,-Thc peculiar anrd distressing sittuation I aLm paced in, between the two conitending parties, is far frocii proving an enviable one; but, as4 T have ever wishied and proved myself de. s-iroes of increasing your comiforts in every possible manner, anid tb'st it lias proved abortive, I have this day lhad a final and dleter. msinata consultation with my friends to decline visiting yotur hiouse at all. 1 have ever been foremost and titidiouas to promote your welfsre and peace, andl in all cases hiave been a zealous advocate for your good, through opposition, wherever I have seen it. Could I hiave acted to please you bothi muttually, I should hiave been happy ; but as thiis hias not been the mcae,. I must endeavour to please my- self and friends. TIherefore, hiope you will not be displeasedI wiih my conclutsion, for at all tiines youi will find by experience I shall do every thiing in imy power in end-eavouring to please. Whrlat would be thje world to use, it' unaccompanied liv pece of mind P What will it afford to me, on a dying bed ? I iave taken a little cold froin getting. up last week. 'having bren awakenied at three o'cloclk by somne oie tii the yara there were two thiieves on tdue preimises. I got,up, and awoke SIrs. Carr andl Betty; and I went down with the pistol, and the watchuman and I examined the premises, and Hunt anid Phillips. I was out abotit an hiour half-dressed. Thiree times last week we have been disturbed. Poor lmrs Carr, I really pity he;knowing her to be surrounded by dieserted friends. Mlay the -odRpport her under this hieavy and afflicting dispensation. She his left the room whien I have been there in such violent fits of grief, an d gone up-stairs or' ini the -drawing-room ; and I have reallybieen afraid to leatve her; she needs consolation ; I have tliought of ceanitng over to tell you several times, yet could not do it conveniiently ; andi somnetimes I have thought to write, and have niot known wh'at to do for the best. Pray dto every thing piossible s.o restore thje heal. iiig balui to a bleeding heart; youi have only to tell mne what you wish, and I will do it to the bestof myjudgment. V'our letter 'I havejust received, aiid will attendl to its instructionis. What shiould -iake you or Mirs. Carr unhappy ? Is not Providence smiling upoan your cndcavours by buidreds a-year more than ever ? Oh x e.Lt not the Satanic influence ot mortals advise you from it. I feel obliged by your kind inquirie.s relative to mv fatheir, whom I am happy to say is much better. How a certain femiale, Mlfrs. D., can be actuated, I cannot account; and do for miy part act in accordiance with Air. James' instructions. Forgive vour enemnies-Bless thokse w'ho curse you : render not evil for evil.' I have nothing p4xticular toad n I shall decline sleeping at your house henceforth, and thatw'e' mayn all be partakers of thienblessed inhieritance in that world ofbls end glory, where there will he nio more sorrow or sighing-. but all tears will be wiped away, is the sincere wish of " Your jnoust obedient servant, ASir. Cair. IIWN. D. l1LL1NGsTnON."- The learnied cotinsel coiniented on these letters in a very forcible mnanner. Does any one blame (said he)the incredulity of thieplain- till', to his own dislionour and his wife's disgrace, let himn read these letters, and he wil see a practical illustration of /he beautiful sentd. mnent of the greatest poet of this or any other e6uiitry. " For neither man nor angel can dV,.cern IlHypocrisy, tie only evil that, ks "Invisible, except to God aloi, e "By his permissive will, through lieav'n anid earth." Sir. C3arr was a pious iuian, and being sinicere himself, thie purity of' hiis own mind admiitted no suspicion that these 1haters were the effa- s-ions of aiere cant and hsypoericy to cover the defenda-nt's designs against liis peace and honour. TLhis appeared to himn one of the moust atrocious cases that ever was hetfore a ju-ry. The dlamages were laid at two thiousand pounds,' and he called apon thme jury to niark thieir abhorrence of this defendant's co-nduct, bound as he was to onslt is eac, midproectthehonurof his friend, benefactor, andmaser,inseadof eiu~ gilt ofthebasest violation of every pricipe o grtitde nd lleiane, y gving, exernpLarydlanages ; and e culdnothelpthikin tht te whole of the damages lai wold ot e mretha th plintffwas well entitled to demnand Mr. READER then called AMariarnne Mlabson, who prove-d the plaintiff's marriage with Mists Dunderdale in 1816. Pl~aintiff was then 34, the lady 19. A certificate of the mareiage of the parties was also put in. - Elizabeth Ball, examnined by Mlr. ADAMSr.-'KneW Ars. Carr, the wife of the paintiff, in 1817 and 1818, and was in habits of inti- macy with her to Christmas4, 1821. Mir. Carr was in the habit of going fiequerialy on butsiness into the country. WVitness used to aleep with Sirs. Carr on those occasions. Mr. and lmrs Carr lived verylhappily together. He was akind and affeetionate' husband, -and ltereopdct etowardlshim was affectionatecindee-d. 'She was dis, consuolate in-his absence, and delighited to sce him on his return from Ely r. oLsccss...~Tbeageof r. Carr was 40 ; 14 or 15 year beteenhim nd Srs.Carr Tc intimacy between the wit- nessand rs. an trminted henshe went to H6ckly (a villa belngng o r. ar, narBiruighamn.) Mrm Cnrr then neg. MIrs. AMead, examined by Mlr. ReADE.tnaKnew Mrs. Clarr ten. ycamsbefore her mavriage. She thenlived with her uncle and.aunt who adopted her. 'Witness saw Alr. Care and his wife live very liap. By I.U4D1LRUiN,'Knewthat Lillington, thede1'endant,was a cler1tlof AMr. Carr's, and that he slept attheir villa at Hoeldly by Mr. Carr's desire, in his ajienece, for protection. Mrs, Hannah-. Duuderdale, examiined by Mlr. READEI5.....as time widow' of - Mr. Jolnti DumiderduhIe, whto was uncle to Sirs. CAsr. Her husband took Mrs4-Carr under his Protection when she was but four or tive yessrs old.'- Mrs. Ca~rr's father dtied leavingsvn children. MIr. Dunderdale aLdopted the-yugs ,and the edet Mrs. Cire was always under tlmeir care, except for a short time she swas sent to Nottinghamo for miedical advice. hewas ahlagay-en.affeetionte child. Lived with the witness until .she ijarried M r. Carr, in 1816. SIr. CJarr wvas recommended to SIte huisband-of witness. Their hiouse was-always open to receive hiin. Sirs. Clarr muarridd entifely with hier own consent. - Mlr. and Mirs. Carr lived in'St. Mlary's-row, Birining'ain, after'their marriage, f'or = c;yam .Alr. Uarr made a particulary kind and indulgent hus- bn.They werenmututallykind:andaffectionate'. Two yearsafter mnerilag- 01-e --en to live_ at a pla- called Hokl near imnn. ham; ir. C;arr was frequently absent on jdurnies for his busines. They lived happily at Hockly. - -About 18 speriths since,' witness ob. served that SIrs. Corr did not behave with the proper respect due to her husband. AI-r. Lilington w4s, thlen in. tle-emnploy of MIr. Carr, and slept in their h6uise. He slept there six ar nine months before- any alteration izi Nrs. Carrs' conduct was perceptible. Wlhenever Mr. Carr vrAs abstnt o0j iusjourstIae, "ome maii always Plept in the house during that pernqd.- Wjthen Mlr. I,illibgwon was ill in April, and slept in the house, wivtUps firsthbea'an to think that all was riot righef Sbietheug'ot'itiimpToper,jn tlmurahsensc of Mrs. C?an's hus. batin Witnzsuande a representa.ion to Airs. Can, but without any eheLt. She then wrote- to her On thesubject- in conseq-tence of which she received a-visittfom Mr. Lilingtotm-and thr. Carr. ' r. lllington appeared hurt On being tharged that-be wa&seenlianging Oil SIrs. Carr's ar-,i. Ir. iLltngtou said-". Evil to tbem tbat evil think," andi he spoke of AIrs. Carr's'being a chaste Lnd virtuous wp/ man. He also aaid,tbat any nerson whosaw him'mustobservetYa'at he was very weak, and unable to wilk: without suppbrt. W,iiness said, " The world would W Teady to condemn MIs.Carr,. aud uhe had nobody to tell her'rlmen hdiuwas wvrong but the wvitnesi.'". rbhu .ir. Carr returned fromi -hits journey in July, witness gavec him a hint. She -had then no idea tiat therce wAs any thing cnrminaL Witnesswrote to irr. Car' when he wemt tD anotherjourney...uhs-ateju August andin September,' 'h did not return till the 28th ofS -em er. 5Sr. Canrafpeared to witndss ohiaveoagreat cpinion of he wife, andgreat confidence. Mr. 1 Va-*' zB AI04Ului4clI iP;tQAW9 g, >o a person ina inga profetgsi9n DT rell.,ion. l,I. Cairt. was 'alwiays 'a very correct man~,. MrCa mn e stns ow the 29thor Septem ber, in cousequeice'of wvhAt thien -Ptssed. Witfies's ,ven't with hun to his house,-ivichr&s,he~iaw Mrs- Cirreran flirs. Shelton. Mrs- Can wvent awav on the Moqi7da: she.returoed_on tje'Tuesday inoraing and tben went away Bgain. Mlfr Uarr was desirous tbatAse sh! ul- remiain ; she camne on, the Tuesday to pack uip tier clothes, went -off then, anid never retut'ned Cross-examined by Mr. -GOtrLDtEwi.There was a door opening fromn Mlrs-Carr's room to.tte room where Lillbirglon slept. Mlr. Lilngn was about twenty.fiv:e. MArs. Carr had. fouir children, the oldst five years and a quarter, and the youngest only twelve nionths. - Suran Pugh, examined by Mr.- ADAssS.-W~1aS Setvant to Mlrs. Carr from Mlav to September last!' Eliza Ward, her fellow-servant, slet i te sfri rom ithMr. Crrwhen her master was away. Mr. Lilingw desied he on te sunay Mlr. (Carr went awa to When rs. Crm wa goig awa, witess eggedof he notto leiave her ouse Mr Iuilingon nd Ms. Crm eft he husetogether. twent mintes pst eght. r. Crr reefrnd at ine,after they' were gone. MVrs. Shelton, a lady living at Binmingham, deposed that Mirs. Catm came to her house when she left her husband. M1r. Lillington called on her there. Mlrs. Carr'sent Abm her clothies to her husband, andl thev were rent to her by. one of bis packers. Mr. enjain lak re of Chapel-street, Bedford-vOW, Lon- don, exa'mined by, M.AAs.-Knew Mlrs. Carr, who came to his houg on he st o Ocoberlas. Sh cae tocoonsuhL his son pro. fesionlly wh wa no thn a hoe. rs.Carr stayed at his hous tw nigts.Witnss hen ooklodgngsfor-Mrs. 'Cirr at No. 17,Heny-sree, Pntnvile.Sheremved tere. WVitess saw her n th Sunay, alkig afer curchtimie, withi Mr. Lillington, armin rm.Sheaskd i thre as nynews from Birminigham ; wvitness said not. WVitness called on Mlonday at Mrts. Carr's. She said she wished to remnove from thelodgings, as AIXg. Litlington had an uncle in Charlotte..streei,Blackfriars-road, with whom he wished to pot hier. Airs. Carr said it was exceedihgly dull in Pentonville, and that it would be better to go. Alr. IAlington and Mrs. Carr called on witness to ask, him to speak to the landlord of the lodgings in Henry-street about the rent. W'itness went to the landlord, and in consequence of what he then hea-rd he spok-e to Mr. Lillington, and told him that it was extremnely improper in him to sleep under the same roof with Mirs. Carr. Had the Witness expected such con- duict, he would not have tak-en lodgings. Lillington's answer was, the accusation was impossible, as he and Mrs Carr passed as bro- ther and sister. Cross-examined by MAr. GotuLnuRm.-M.lrs. Carr asked -witness to addlress a letter to; Mr. Lillington, because a man's wingwas more marked than a lady's. He-hed no objection to adrs the letter to Lillington, bec,ause hehaseen him before. He addIressed it at the time without any knowledge of ita,contents. Mlr. John Bauntng. proprieto . of No 17, Hlenry-street, Penton- ville, confirmed the'account that Mrs. Carr took the lodgings at his house. A person who calleduiimself her brothe-r called on her. Witness wallked in the 'g~iatcen,aof 'thetilm&f'saw Mlrs. Carr's bed- room window up and the cutan drawn up ; but when he came from the bottom of the garden, he observed that the window was let down and the curtain drawn close. Mlrs. Carr left h:s house on the Tuesdlay following. Mr. Lillingwn p id the rent, as if for his sister. Rachel Lippell, examined by fr. A,A'318.-NV'aS SerVanit to Air. Bunting, at No. 17, Hfenry-street, Pentonvilie. Remembered Mfrs. Carr coming to the lodgings. MVr. Li1 ington camne on the Sun- day morning following. WVitness took his name to Mlrs. Carr, who desired Mlr. Lillington to walk up. Mlrs. Carr came to the drawing-.room door to receiveh~in She said "1How do you do, IVil- liam ?" She'callica him William. They &in went into the' room together. Mrs. Carr desired wineasstomdake up the badin her room ad joining the drawing-room. WVitness did so. Shortly after ilr. Lillington called fi.r a boot-jack. - Witness made up the bed, and put it in order for the dlay. Witness went soon after into the draw- ing room to piut coals on the fike; there was no one in the draw- ing-rootm, though Mirs. Canr and M5r. Lillington were there a skort tine before. Mirs. Carr's bed-room joined thiedrawving-roomn. In a quiarter of an hour, when she next camie up, they returned to the diawing.room. Mrs. Carr first came out of the bed-moom in the same dresis, and Mlr. Lillington in three minutes after. 'Witness went into the bed- rooim in a qarter Of' an hour after, end observ- ed the bed was tumbled.. She knew two peoplehad lain there She made the bed atgain. Wiitness %vent into the drawAing-rOOM soon1 after, and saw Mlrs. Canr sitting with her arm round Air. Lilling- ton's neck. She saw them at aniother timne; he was sitting on a chair opposite to Mrs. Carr, wvith.his leps on her lap. Mrs. Ca-n lasked if a bed could be had in the house forlher bryther. He slept thiere two nights. Thlis witness wa-s not cross-examined, but wasi recalledI to pr ye the identity of Mr. Liillington as the person who slept there. Air. Joseph Thornton deposed, that the dlefendant told hiim that lie wasi left a legacy of 5001., whicih, with money in the funids, and h1is salary of 2001. a year, gave hint ani income of 3001. a year. The letters were then react and put in as evidlence, andl the case for the plaintiff closed, Mir. IIOLREgCte, for the defendant, rose and said, it was his duty to address some observations to the gentlemen of thec jury oni behalf of the defendanit, whichi he would condense as% far as the nature of the case and the opening statement of the learnedi counsel for the plaintiff' would admit. His learnied friendl had canmmenced his speech by commnenting on the law of Mloses. and thu penalties in-flicted by the old law on the adulterer. Buit 'the juxry must be aware that adultery, however heinous it maighltb',was not in thlis country a cri- minal ofrence Itwas, accordiing to the law, acivil ofenceA,and there wa-sno powgr to pu~nishicriminallyvforiit ina Jud e, uch less in the ~utlsdidion of a3UT. 'heCdUty theylihad to ischarge was tosay lwhat compensatnon the plaintiff should receive en the present case. The should recollect that the bushend was 40, and the wife notnmore t)hanp2`8 yoears of age, and that the defendanit was but 24. This dis- party of years was niot a strong fe-atu're at the outset of the case; it was impossible there couild be, a full congeniality of disposition be. tween a munof 40and awifeof 2G. He wasawatre thatthierewere many instances of greater'disparity.offiering themselves in every ax- pernence in society ; but the Vresgat.,tbcougb Rot, an extremec case, was worth 9ttintion on tbi goM From -the -time of Mlr. Can's, muarriage hie and his, -wife (the unlfiortunate lady whiose guilt wvas that day the cause of their iniquiry) lived-no, not lived,buitcontinuedI as mnan and wife uintil Septemnber laist ; for, in fact, he was absent fromn homne more than half thiat time. -Six -week-s inleach quarter he wasI on commercial journies, exIendiag his connexion, accumulating wealthi, and neglectinig whiat shouldI bedearer to him than pelf, his wife._ His learnied friend, in his openirng,lhad aggravated the injury- by sa1l,nz that Mirs. Canr was a beautiful and accomplished woman I but t me jury liad the opportunity. of hearing, from die mnonth of a plretty g-irt, whio ivas therefore a good judge of beauty, that Murs. Carr was very plain indeed. That grouind must, tlerefore, be abandoned. The husband neglected not only proper attenltion to hlis wife, but neglected to tak6 notice of lier conduct whlen she gave hlim suchi reasonable cause of s-uspicion-not grounds of susViciorn to justify his tumning her out of aoors, but to call for a watchtsul at- tention over ltier conduct. Hle was strangel negligent indeed. In July last lie was written to by Mrs. Dundrdale ; in August and September ha wag written to by thie same person; but he takes no' niotice; and whnen did he comne horne? Not till the very last day- thieday on whichihis wife went away. WVasthat the proper conduct of a husband watclhful of his own 11onouir and his wvife's fame ? Did tils business require all this ab'scnce? 'Wrere there not travellers to collect orders for himn? Or, if he found it necessary to take a joutr. ney to keep his connexion together. there was no reasonable pre- tence to 'keep him away from his family half the year. There was great reliance placed on their domestic felicity, but what evidence was there given to prove it? The servants were rot caIlLled whio had the best oppiortunities 'of observing them in their domnestic relationis. Strang,ers andI visimer-s only were called, and the jitry must be aware of the little value of such evidence No mnatter what bickerhigs-prevail in a famiily ; when strangers -appear, the hiusbandl and the wvife dress thieir facfe in smiles, and agree to a true t thir osiliiesforthemoent. The plaintiff was not onlnegect'u t hi wie,butdeicintin thtecommion control be. comng n ahusandandtheLater f a family. He (Mr. Hol- [heh) as ar romadvcalig yranyover woufen. He agreed Let all our wives be unconfined, "And clap the padlock on their mnind." Thecre was asto point ih' this cae,:--that the husband, made no~ objection to the w' ! goin- away He didl not, it Was true, turn her out of doors, but he sufferedhedeatefrmBmngm to London, where ler crimne and thteedn' ea.I h rinsf had not p ernitted her to leave-i hos,tejr olave been spared their unpleasant duty o htdy n h iewudhv been saved. from that guilthich col o hnbe dne,a h defendlant. hadl suffibed juidgment t go by default.Itsol i observed, that UP to that timne there was; no evidencafetnth defendant or. Mlrs. Cicrr, so that the cibarge of hypociywsdn awav wvith - altogether..- Thiere was. tSo mruchresntbliv that this case w.is simnilar to all others, since the days of Potiphar's w9ife, when there was a- disparity of' age, and in the condition of thg parties. The defendiant was not, as the clerk, or the servant of thie plaintiff, likely to aspire to the favour of' hiis mistress with. out encouiragemnent. In miieat ctses similair, the 'wife Was tie seduicer, ie was far fromsaYing'so witIlavieWof wouindingtehelace- rated feeling.sof the un'itappy lady in question. The letterq wcg read asevidenceof his hYPOcrisy; hoit it would appear that th;eytlete ifi-' sipired by a true sense ofxreligion- in his bosoni and as proof of'the struggle which agitaed his imind;'Itmnol. ha fouiAm that MVrs.-Carr bAd left lier-fasnilv, and, had written for hiim. hIvws not in main to resist any loi~ger. Hluman naiture WAS. vealc, and the evil mixed up in its composition miust at 'times prep'onderate. The.juryr must feelas m,nen, and make atlowance for the temptationteof the defend- anit. There couild be :but one oliject irn the present case, if,-heavv damages were sought.. The defendant %~as now inAmeriea, and if vindictive tlamagres were awarded, he would1 be aii exile from his native country for life.- The ju;y would net f.Al- t observe, that there wats ito evidcc ofautery Previous to the I tt of October. The dlefendant'ts property was spoken of, but nothihig satisfactory fi Ctle way of evidentc ices prodiiced. Wh'en hWs learnaed. friemid spukeofQ,0G0I. damages, hesupposed therewa,satuimtakeofa figuare, and.-that 2001., or oncstenth eveti-of that suril, would ljesitifficient. The jury wouild hdre wa a huisbWed' uu' forty; ga . wie1 er youngr the ol e i ngUifent even in commnon pruidence; nd tity would aet,bY him as.the law.'conternphated, - in the axioni that the.law' was cstablishe&.fr thwose wiwtchd n o o TIme UNnist.SsagtrFp thlen addresseel*the jury, antisaid, as tie defendant's co-4nsel did liot call any evidence, it was his duty to in, forml them that tthls wiv, an. action bmrougrht byMrjrohn vaerragainst ltlr. WilliapmfDayy, i4lhington, for crininal converstiont with tlie plaintiff-'s wvife, and.as the, defendant hadl letajuilgmentgo by default, thdy weic callett upon to assess dainhgd, thrb the injury. dotie. to the plaintiff. He would merely reeipiaulatij ehm~~~~~~~~~~~~~~~~ evidtnce, anti, abstain~~~~ ~ ~ ~ COl TY.lA4L,, WARIVICk, Saturdag, Jan. .10. CAbR Vr. ZLtTiL?TON.