Lincoln, Wednesday, Aug. ...
Before Lord Chief J1s lide BEST anrd a Sbeczal Jlurl,. 1055s was an action or trespass, by which damages wvere soughit to -be recovered fromn the reverend defenslant for an alleged crimiinal cqr- respondenice with the plaintiff's wiie. The pleadings were opneued by Alr. P~RT rLss. Thie declaratiorn covntainedI the usual couuits in treapass,' to which the defendant plead- ed-fist, he gnera isse of et gilty secndly not guilty with.- in sx yars,to ar he atio onthe ase a t thirdly, not guilty witin ouryeas, o br he ctin o trspas.Tlpon{ these several ples beaces ereassgne, ad tesewere thec issues the jury had Air.CoreMo SEuEA sttedthecase te,thtejury. Thieac- tion, he said, wvhich they hadt jus earicaled on, andI of whiich the pleadings had beer. opened by his leandfriend, was fortunately one of rare occurrencee in the county of Lincoln. Within his own me- mory, anti thiat was not shiort, lie dlid not recollec't a simnilar case and it was miore important, theref'ore, that gentlemeni should well understand the natuire of theduty which they were, for- the first timne, perhaps, called upon to dischtarge. The case which he was about to laybefrethe ws i eeryrepec sngular antd remarkable. The jur ha alead herd romthepledigs, that the defendant was a clegymn o th chrchof nglnd;and they hatl heard, what was ot he eas rearkale artof he ase, the nature of the de- fenc, o raher he hre defnce, wichi lie set uti to this action. Theyhedhead tat,notsatsfid wth tatng hatthe ch;,rge was unitrue, ant the imputation which so epyafce his ntoral and religious chiaracter was false andtI nfouned te efnant choge to take a novel and wholly uniprecedeondcoreto clergvman, or any other person so charyed, by a species of pleading w~hich was equivalent to this--" If I," says he, " committed this ovffence, you c-annot prove it within six years, ang certainly iiot within four ; therefore the cause of action has not arisen within the Statute of Limitations, and no action will lie." Such was the defence upon whichi this reverendi geintleman, in the face of hiis counitry, called upon a jury to vi!ndicate hiis character. Ofall classes of cases8 ihTer were none which varied so mitchi in thecir nature andI circumstances as those for criminal conversation. It was bitt fair, theref'ore, ir, the Cortset to state to the juiry thie probable psrice at whichi the plaintiff valued th~e injury whichi he lhad sustained. There could be iio hestaton n syig, hatit as otput forwartd as a case for enormus dmage, butperhps t eniasure of the defendant's culabiitywa alaysa firr tst orestimating the damages than th~ofteplintff' los. eiter asit a case in which those hear-redin an aflictng cens o doestic misery whichi sonie- time aggavatd oter cses oult bepresenited ; bitt still the statemnent. of thie facts woultI substantiate a most serious chiarge agssnst the chefendarut, and entitle the plainitlffto the commiseration of every honest mindl. MIr. JTohn was a mnemnber of a moat respiect- atble fa-milv in Cornwall, followingr the profession of ani attorney aurl solicitdor at Penzance. It was his misfortune in th~e Jatiuary of 1810. af'ter a long acquaintasce, but short courtship, to mnarry Alias (Grills, the s~ubject of these proceedings, whio was herself contnected with a very ancient Cornish famllv, hier father bcing also at- taclied to the profession of'the law. 13othl parties being of the most respectable class in the middle ratiks of life, the imatchi in all respiects but one seemed most suitable, and there was every prospect of their being rewarded withi all the blessings of a permanent and happy union. It leas not to be disguised, however, that very soon after their marriage, a circumstance occutreql whitch renderedl it impossible for themT to live longer togethier, anid a separation being the conse- quence, the lady, to rendter it effecctuail, withidrew into this (tisirant county of Lncoln, where, with little interruption, slite hail re- sidedt fo that period to this time. 11cr prOv'ision was upoii the niost handsome scale-she was placed uinder the most respectable protection, at the hiouse of' Mr. Palmer, the Mlinizster of Rte(btribr, avid in fact every thiing whiich cowld enhance lier respectability, or promrrote her comfort,weas secured eg-her. Under this rout she fotind harbour for three icears, when a female servant, whlom shie liad brought out of Coriu'-all, happening to marry a tradesnian at TKirton, some distance from Redburn, Ahtp. Johni removed to their hiouse; and it was whilst she was living'ithere that thec criniinal ititercourse between her anid the defenidant took pilace. It miight he necesary to remark here, that although a husband and wife should he mepiarated several huntdred miles, they were not, therefore, to cease to take any interest in each other ; on the contrary, the welfare and honour of -in absent wif e were often as chear to a hiusbandI as if site were more immediately utider his piotection, which was easily accounted for, hy reflecting upon how inuch lie had to lose, tint only by the contempt in- separable from sue's proceedlings, bitt fromn the absolute injury which might be done to his family by her profligate hiabits. Every acc. coupe., therefore, which he receivedl of hier restored respectabi.. lity, in hier retreat, was balm to his breast, and he felt pleased and grateful at learning thiat not onlv was slite treated with attention by the worthy family of Air: Palmer, but that thiev introduced lier to sll titicir frienads in. the neighbourhood. Nor wa's his satisfaction diminished by hearitig that the clergyman of the pa.. risb called f'requently tipon her; for all this time, fromn some cause or other, this gentlemati's visits toa married wyoman, living apart f'romi hier husband, were f'requent and of' lonig duration. Iftlie hmusbea:d lieard ofithem, lie thouight, perhaps, the. rev. gentleman was come to console a wife separatedl-to talk with her over her afflictions-antd tifforti her the comforts of religion. It would be shown, hiowever, too clearIy, that his views were of an opposite nature, and that the visits paid by a young man to a woman of great personal charm in the flower of ~ her age, were not. likely to lead to results calculated to exalt his chiaracter for piety, nor enhlance hier VirtLue. It could not be sate exctl whn tese isis bgan bu Mr. Jhn had tiot live lon atKirtn wen hr hsban wa mad unasy tsy reports rie, bttlitlesusecingtht te an who liedchreohr ghosly oncens houl hehimslf'the betrayer o e ite thei fist iquiies ereaddrsse tothe ilefenrclanthisl.Il answers were of suichi a nature as not only to quiet all distrust wvith respect to hiimself, but to paint thie conduct of the wife in suich glowing colouirs, that she was net unworthiy to be again re- ceived by the plaintifi. In the teeth of these representatiotis. how- ever, it would be shown that at the very tinte of making thlem he was in the habit of being received by this woman in her room, to whichi she had confined herself froni'real or utflected illness, and th-at too, not,for ithe purposes of prayer. It would be shown tiat the de- fendant's conduct become so glaring, that the servants of the house felt thenmselves called upon to appeal to Mrs.Palmer, who would tell the jury' that she remeinscrared with the dlefendant upon the uintlis- guisedl impropriety of his conduct- But what answer did he m-ake to thist very respectable lady ? Any defence ? No such thiing. Instead of iebutting the charge withi the honest indignation of an in. nocent man, he admitted the impropriety; and feeling how mTuch his own charatcter and that of the womau'. wRas concernied, pletlgedI himnself to give no miore food for scandal. Didl he dliscontiniue hiS Visits ...dd he shorten his prayers a sitigle paragraphi ? The jur woud flind in thie sequel of this disgraceftul affair, that lie sti I went on wvorshipping, the same idol, atid stiB offering incense to the same unhallowect object The inquiries vwent on ; h.ut it was not to be expected that any direct proof of criminal conduct couldI be prodirced. 'rhere wvas no' imiputation of hisR havitig spent any one night in the house, Ithoughl lie often remained for a considlerable time after the people of the house hiad retired to rest. He (ill r. Denmnan) would not anticipate the proofs, of the situation in whigh these parties wve,e taken upn-ore than one oecasien but it would be or the juyt va whether, from the circumstances of a ong clergyman of 27 seekngcnstant opportunities of lseit aITou vwithi a lady ograt attracin, oniv five or six Years older Itha himselff, his con- duct was not infitienceti by thle impuilses of'blind passion, rather thatt any desire to discharge his duty as a clergyman. But in aid of this genieral reasoning, there would be produced a letter written by Mr. WVaylarn4, which, if it did not amnount to a confessiout of guilt, he (Mr. DeRnman) had never put a right construction upon any dlocument. The s~piritulal counsellor shiowedI that he was really a srnake in the grass; for it wvoulft be seen, that by throwiing glirt upon the unf'ortunate woman, he tried to shelter hais guil t under her depravity. 'I'liis letter was written when lie was served with the writ in this actioti, and it was thus he defended him.. self. Now, whiat did toe jury think would be the natural answer of a married' clergyman, ayainst whiom, if innocent, this audacious accusation had been broughit? WVouldt he not say,, this is a base conspiracy; I eam innocent. go on with your su'it, I def'y you to t~he lprc-F. Do you Itnow whiom you assail ? A clergynian of the ( ',hch of England, upoti whomr you charge an offence at varitunce witha his daily practice of virtue. An innocent man wouild certainly hiave treated it as an pvtterript to extort nioney, and, perhaps, so great was the taint on the bcdy to which th'e defendant beloriged, that it wvould be considered such. lie (Mir. Denman) liaed heard that suchi reports were in circulation, and possibly they ha reached the ears of even some of the jury. Ihut did the dlefendant meet thie charge in thtwy Did he defylhis accusers to the proof? On the contrary, whn 1!1the attcrnsey for the plaintiff had him s -ervedl with the writ by a gentleiman in this county, to whomi the defendant was known per- sutall, Oislater rot t hi asan ldfriend and acquaintance, begingtokno te eten t whchtheeae could be carried. The' leter egis b tankng hisgetlean....noprotestation of inoo- cenc-no,lelartio to hieil ithr hs on reputation or that of the Iddy. The letter was inBtheselierm If y clear Sir,_1 have to thank you for youir " Biasyinugoamid ing to M'Vr. Hatddersley the exe-cution of a painful dluty. It is in vain for ime to say thlat I wish every partof My intcerurse with Mrs. John was knowna to tfhe whole world. Ii have been the victiam of mnisapprehension, but I fear I cannot help rmyself. Spare mu- if pDs.. sible the pain of a trial at Liincoln, as% I wish by all means to have the buiTiresti concluded in liotidon. The damgeso couxrse, With a woman sto ini'amous, canl beonly nominal. Stt his, explici-ly, in ohuler to satisfy my mind. I cannot but thinic it hiard to be singled out as Mlr. John's victimn, when Smith wias often Iteartl to declare that Mfr. George Foster was discoverq4 in bed vilth Mrs. Jolhn at, nine o'clock in the usorning." The only anxiety expressed here wa~, sto thttamiount of damages; and how hiconsisaterit was this le&ter -withi the pleas which lIke de. fendant had put upon this record? lHe (Air. Denmans) would.con- tend, that this letter was an admiajion of guiilt, and that, nlotwith. standhing the special pleadinig, kaentitgs coiItesitem rcion. The learned rentleiati then proceededi to explain the pleals, which, a the,form of thi-t sort of action was doubtful, were meant to rseaest e.ther ani actioni on thie case, in which the cause of an action hadl accrued wvithiin six years, or an actioni of treRpass, whiich will not lie unless4- the caulse aros4e within four. Hie characterizadthisdebtor.. and-creditor account of Injury as a trilling With feeling and honiour. The tnry couild, however, infer, whether hiis visits were inot coni. tni fteywere, once provedI to have takcen Place. The delav in bringing the action was to he acecounted for by thec endeavouir whiich thec defendanp hiimself' us-ed to p~ostpone the disclosure. As the wit. nesses witre to be taken from tSne enemy's camp, thlejury must ex- p!ct them to give their evidence witl, great reluctance. In estiinating thledamages. thiey were to begoverned less bvthe los8the plaintitf bad Suffered, thiin by the measure of the dlefendant's guilt. it was not too muchi to say, that if' any case called for mnarks of'reprobation frinns a jury, It was tltat in whichi the man, whiose ditty it was to re- clairn the wanderinig, and warn the ullwary, had been himsgelf tite beryro is trtust, andt who, instead of endeavouring to poi tiae ofedehd decency by contrition, rested his defence upon amtec- nical point of law. ~The learned counsel then called the following witnesses- 'Richiard Oziam, Esq.-I live in Cornwall, and know thlgplaintiff, i also know his ~wife, Mvrs. AMary AMullett Grills. I was present at lher marriage withi the' plaintiff, on the 23tl of January, 1810. 1 was then High Sheriff; he was Under-SheriffE She was daughter of Mr. Thomnas Grills, a most respectable solicitor, anld stewrard to thie Duke of Leeds. There were several others present. They lived at Penzance, near my place. Crosa.examinedi by Alr. Sergeant VAUGHtAN-ThI~ley separated in about three months in consequence of' her presentinig himn with a child., to which he ha no claim. Such was thle report - the plain. tiff never lived witll her since to my knowledge. She s~a% confined about Mtarch, the tim-e of the assizes. The marriage had taken place in the preceding January. Mfrs. Margaret Smith, exanminted by Mir. RrasEn..... now live at Gainsborough ; mny native place is iCornwvall. MY mlaiden naine Wast Green. I knew the family of M1r. Grills,-with whomn I lived at the time of the marriage. Before thie separatioln, I camie withi Mlr. John to lAncolnshire. Wie firAt camie to Redburn, near Gains- borough, to the hiouse of the Rev. Mlr. Palmer, thle minister. That wa,s in Juine, 1820. I mnarried whiilst thiere. After whilch wre ivent to Kirtozi. Amr. John came to resitle at oiur housge in September, 1814. 1 knew the Rev. Daniel Sherpheard Wiaylend clergyman. of Kinton, whets AI rs. Jelhn came to live wvith me. lie knew Sirs. John, and Often visited her at lier house, in whichl my husband and J lived. Thie defendlant used to visit at Mtfr. Palmner's and had known Mlrs. Johin thiere. His visits to our hiouse were as' frequent as twice a-week. Generallk' Wednesdays and Satturdays. They were hialf an hour long, more or less. I hiave known fiiwm to sitay an hour or two with hier. A servant named Anne Smith used to wait upotn them whien they ruing the bell. Othierise, theta was nobodly prcsenit. Trhese viset,tewere gaenrally paid in thesittinig-room. I haveknownhbusmto visit, hier sn her betreoom When she was very ill. '[hat did not often hap. pen-nlywhes se wa boillto et p. On thiese occasions he or, r hlf n hur-n gneral lhalf an hiour was the Perasp It hs ben ongr,but I can't swear. She was in eneal lon. Ihav goe ito he edroon, when they were alone. On ocasons hae goe i witoutheaing the bell, with messtages or notes for Mlr. VyIandorirs. Joln. I once went into the room unexpectedly. MhA ohl a very ill in bed. Mr.Warland had been there perhaps a qure oashour. He w-as turninghrmself rounsi to sir in the chair. I should tliink lie had been previouslylpfraying. That I swea-r, for I hieard(lhiim onily five mainutes before. Ifncede I saw a part of his dress in disorder. I matde no observation, but dec- livereti my note andi caimeout. They wvere called up to the dining-room. after thist, and swore uponi the Bible that nothing improper had passetd between them. I might lhave spoken to Air. Palmar afterwards about it. Mir. Waylandtlihad a wvay of wearing his coat half off his shoul- tiers, on this occasion his coat was so-in Iiiq usual way. He hed al- ways an agitate(I manner ; there was nothiing particular on this occa- sion. I never crietl out "Shiame" on long into or leaving the room.It was a year or twvo before Itsoketo l rll swear to. I.wa induced to mention itohrbeasMrs. Palmer said site thioughit ha was cririntal wt h ay u I never thiought so. I niever tesireth Mrs. Palme tospa t eldy. Mly attention to titem was no more exceited afewrsttnbfore. I never saw a bad action withi tliem. I reclectM.Wvat being married. Mrs. John lef't my housie in 81. Ilviishd comtinued up to that time, on Wednesdays and Saturdays. I neve knew him to visit her in the bed-roomi but whien slite was ill. Sir. Foster, the elder, was the visiting doctor. Crossi-exami.ied by Mr. Serze~ant VAGrAunea.-..The lady's father rtquested ine to attend her into L,incolnshiire. V.the did not bring her chiild with her. I was in Grills's family whien the child was born. Mvr. John left her under her father's care in nine weeks after the mrIn g the child was born in a week after. The lady fell into ill= helt, In wvas dlesirous of hiaving a clergyman to assist her in hier devotlions.n It was Mrs. Palmer who introduced her to the de- fentdant. Never, whilsit the defendant was there. thidI I sea the doors lockecd, or any other circumstances to denote suspicion. I never re- ceived anyisructions tiot to disturb them. Ills visits were gene- rally in amrIng. He never was there of an evening but whien there Were others there ; and he was never for a wholenight. I miever saw any thing like love or partiality, but hie treated her quite like a gen.tleman. lie used to read tracts to her. She had an objction to go to chiurch, andl t'iiat was the reason he came to her. thear'd hiins read Psalms and Litaniies. Shie seemied broken-hearted. His, inanner was titat of a kind pastor trying to give her com- fort. Very soon after her coming to Ki Iton, he camne to visit liar, as thie clergymani of the parish. I dare say be prevailecl ispon liar to go to clurclh. I kcnow that lie used to adlminiister the sacrament to her ; I have partaken Of it WiLh hter. Alrm PalmTer diit not. It was known that M1r. Wayland was goingtobe married. He brottght itis wife to visit her; he often accomipanied her Iiliniselt. Mlr. WIay- land was particuilarly attentive to her. Slite was still thie same nery- outs- broken-hearted womatn. I believe Ash was heavily afflicted. I believe he was silscere. Mir. WayLundl is ratitarkable fot his tdevo. tunil,, md io b.l.r.d i,. hi. po-t,h. When I went into the rooma, Mlrs. Johnr was covered withi the clothies like any other sick woman. She was at that time visited by respectable fatiihiies in Kirton. Re-examined...Nobody was present whien he was reading these religious tracts to liar. I'did not ofteni partake of this pioius con- solation. Once or twice I did; not more. Examinedl by the COU RTr.-Her comsplaint was of a bilious naturye. Mlary Smith, examine4 by Mlr. PIesLtsL's.-Io 1816 1 went into Mrs. John's service, and remained a year. I rememttber the de- fentlant visiting lier,Ilie camne twtce a week. He was married in [817. He somietimes visited her in the bed-room. lie cantoe unex- nected, aiid went in thie room, where she was undressed in bed. These visits might have tastedi a quariter er half ain boLir. Thiey mih hv be loge. Tie e-roomn was above stairs, the sit- tinig-room below. I hlave been Its the room when they were both ~resent, I used to knock at the door; I never went in witliout knocking. I receiveul no orders about this. He came sometimes of a miorniing, and sometimes in the afternoon. Cross-examined by Mlr. Sergear-t ADAISr.-51rs. Johin was al- ways Ill, anti always in bed. He never came, at unseasonable hours. I niever., whiilst I was there, saw a single act of impropriety between thiem. I have heard him pray, and read the Churclh service to her. Re-examined...... never stayed whlilst he reed the whole service. I cannot swear that I ever was present when hereaul any religious book to her. I meati that she was ofteis so ill, that she could not get out of bed. She got up on Wedniesday or Saturday, if she could. Old Mr. Foster is alive. Alr. Wayland -is 33 years of age. MNrs. Anne Palmer, examineul by 51r. DNr~- am widow of M. Plmer wh wa minste ofRedburn. I recollect Mlrs. Johncomig t liv atm hose i l~0. Slite rontinueti four years and qurte. Dringt st tme efedant came to live in that part of te cuntr. H ocasioall, nt frequently, visited at mnY ho,se. Irs Joh reove to irtms.I still kept up my acquain- L-nce withi her. Shae lived with Mirs. Smith, whom I know as being thie se-rvant of Mlrs. John. I rec-ollec M'Vrs. Souith making astate- mniit to me respecting Mlrs. John in 181,5 or 1816. In consequence, I hail a conversationi with Mlr. Waiyland. I sald that Mlargaret Smiithi hall told me that lie was iR the habit of attending Mrs. John to readl to her in lher bedl.room. Thiis, I siaid, was indulging her in a haubit of idlieness, which was injuirious to liar health and highly, improper. That if she was so ill as to require the attendance of a cler- gyman in her bed-room, she would also require thatof afemale friend or servatit. He agreed with main opinion, and said it should not he so sarain. I saw her at Kirton afterwards. Her health was much the same as at Redburn. At the latter place she only, wenlt Out to ehuirch, bitt at Kirton she went out mnore frequently. She had ac- quired a habit of lying, in bed, but iint seemn to require so be visited in her bed-room. Ilir. Fosteriis se ica m n, now living at Kirton. I had anothier conversation with Mr.W Waland susequetit. ly, when I siaid Souith told me he still conIne so visit Mrs. Johin in her bedl-roomn; to which bie said, he hiad not done so since th time I rfirst spoke. Cross-examined by, Mlr. Sergeant VAUGreAMr-1 foundI AmraJ in a nervous state of lhealth ; very unhappy. Shie expressed a,w0is'h to receive the sacrament. I mentioned ,llr. Wayland as a fit person to administer it. I took the sacranment withi her, antI I continued to visit lier for some time, but called only once or twice in 1817. She was visited by iomne respectable persons at. Kirton, not in the neigh- bouirhood. I have seen and visited Mirs. Wayland. Re-examina&-I first introduced the defendant toAis John upon hier expressing a wish for spiritual assistance. The sacrament was administered in her sitting-room at Kirton. Mlr. Matthias Billn, clerk to Mr. Thorpe, proved the defandant's hand-writing to the letter, which was put in. The gentleman to whomn it w;ls addressed was in court. George Smithi, thec husbandi of a former witnesis, said he was a joinler at Gainsborough. Recollect.s Mr. Wayland coming to visit mrs. John as his hiouse. He had never said that MVr. George Foster hsad been seen in bed withi her at nimie o'clock in the morning. Cross-examined.-..CaLnitot say whether there are not a hundred Smiths at Kirton. aete1 itmslce, Mrs.Smio, aaincalld u, deiedthat she had ever said so re- Mr. Srgeat VAGUANcontndedbefore the Court that there was no se' to go to tbe jury. T'he CHTEF JUSTrCE said he was of the same opinion; but it would be more satisfactory to let it go to the jury. Mr. Sergeant VAUOGHA}n then addressed the jury for the defence, iii the outset of which he declared that never in his life had a more painful duty devolved upon him, than that of repelling, on behalf of his client, the most slanderous and injurious imputations which were attempted to be affixed upon his character by these proceed- ings. If that gentleman had even been guilty of the smallest part only of what had been opened by the learned counsel at the other side, he ought to be sceuted from the society of all honest men ; but before the jury could come to such a conclusion, they insist assume him to be not only the most vicious man that ever disgraced his hIoly calling, but also the most odions hypocrite that ever degraded the character of a mats. He admitted that in this case, not the in- dividual alone was concerned, but the character of the profession to which he belonged was at stake. For that reason, thesefore,he wished his client to stand upon the broad issue of his guilt or innocence, and riot trtigt to lils technical rights,for which not he,but his legal advisers were responsible. The learned Sergeant then went on to analyze the evidence, whicis he insisted made out no ease, and adverted to the criEical amid dangerous situation in which a man was placed, whe was called upon by the nature' of his duties to situations in-v;hich lie laid himself open to the suggestions of malignity and slander. The action had bean got up in order to foui.l a divorce upon it; but how cruel was it to malce the ruin of thedefendant's character an aukiliary to the husbabd's ridding himself of an unworthy woman,to whom he had had the misfortune to ally himself. The charactei of hin-cliesnt wvasabove imputationr, 3nd it would, he was confident,be borme'iarm- less outof this court. He dehied that the letter was an-tadmission: of guilt, as it hatl been extorted from the defendantly,le.terror of -as action, and it was actually wrltten whilst hies wu:nihfila hi nder a severe domestic affliction. EHe questioned the iFitifr:ght to bringhis aetion at all living separate 4o6l'his wifbw aw isLthld been *held by LordKenyon that the consorti,am, or co--.tfort derived fromn the presence of a husband, was th,e foundati.n of the action. How- ever, his client was wiUing to wave aU technical advantages,. aud it wvas his wvish that the Jury should try this case upon its meri s. Chief Justice BEST stated his opinion to the jury, that there was n evitlence to entitle the plaintiff to a verdict. That there was a ngilt to brirg the action, iowvevr,altiough the parties lived senarate, ere eno doubt; for it was now held br the Courts, tnat as husband and wife might have separated fronn quarrel, or some acci. dental difference, whilst they livedz there wvas a chance of their coin- ing together again, and the husband had therefore an interLst, even on account of the children, in watching over the honour anid cha- racter of his wife. With respect to this particular case, it was to be regretted that the name of a clergyman, however innocent,should be found connected with suchi proceedings, because it was mnost im- portant to religion to protect iLs msinisters in the execution of their delicate duties; and God forbid the time should ever come when the clergyman would be deterred by tile fear of slander from carrying consolation to the sick bed of the suffering Chrlstian. He agreed with the learned Sergeant, that the letter produced waas rather an assertion of innocence than a confession ofuncult,although he could not withhold a rebuke for the reproacih conveyed therein upon the woman upon whom the defendant confesses that all his spiritual laboursi had been threwu away. His Lordship, in conclusion, citreated the jury to weigh all thle cire staaices of the case, and he had no doubt that, feeling as they would do, that the defendant's character and prospects in life were in their hands, they wouild do him ample justice. The jury found a verdict for the defendant upon the general issue. The trial excited the greatest interest in the county. CIOWN COURT. Jo7sn Tyler, a voung fellow of sav'age appearance, aned 19, was capitally indieted for assaulting Anne Springden, on the 12th of Julr last, under te s-atute of Elizabeth. The prosecutrix, who was exceedingly diminutive for her tender age, became convulsed in tears as soon as she recomni2ed the prisoner at the bar. The story ofitis guilt, which she told in a distinct and sensible manner, was short, but, aided by the evidence of a surgeon, faileti not to bring coniviction to every man's nimln in the court. She had been sent through a close with a basket of gooseberries by her mother on the day in question, and the next account wlhich her dis- tracted parents hearl of her was, wheR she was brought hoame to them, woundedl and insensible, from the outrages she had suffered. The prisoner made no dlefence, and the learned Judge having re- minded the jury that in a case like this the consentof the party,) even if such had been proved, could be no justification of the I prisoner's crime, the jury found him Guilty, but recommended im to mercy on account of his vouth. Lord Chief Justice BEST said that the recommendation of the jury should not go unheeded, buthe doubted much whether he could give it much weight in this case. His lordship then, in the most solemn manner, adjudgedl thc prisoner to suifer the last punishment of he law, and conjured hiun at the same timzie to propitiate by con- I trition, that Being who was always ready to receive those who ap- I proached him wits sincere and contrite hearts. I Jdames -Vetlerill, aced 21, a chimney sweeper, stood indicted for I tile wilful murder of William Berridge, of Brigg, in this countv. millwrigit, on the nighit of the 22d of July last. ' The prisoner, upon beingealled upon to plead, pleaded " guilty, and persisted in this plea 39 long, that it was with difficulty he wass prevailed upon to put himself on his trial. ir. BALOuy conducted the prosecution. John Lock.-l left Brigg on the 22d of July last, at 8 o'clock, to proceed to Wrawby with the deceased. Wi'e stoppet at a public-house to have some ale, for which the deceased paid, and he had then I ls. or 12s. remaining in his purse. Ocarge Kennington saw a silver watch with the deceased on the night in question, about half-past 8 o'clock. Francis kTenningten met the deceased half wav between Wrawby and Brigg, between 10 and 11 that night. Deceased was going to- wards Brigg. They passed each other, and soon after witness hea:d the regore of a pistol-shot.l Thomnas Spring saw a dead body lyiner across the road, with the legs and arms extended, about half-past 11 that night. The distance fromFt Wrawby to Brigg is one mile. He recognized it to be Mr. i Beirridige. T she head was covered with blood, and there were shot- Seth Fowler, a turnpike man, and William Thompson. were called up by the last witness to pick up the boly of a murdered man which was stretched across the road. They discovered it to be the body of Mfr. Berridge,whose watch and purse had been taken away, and his insite wvaisrcoa cpocket turned inside out. WVilliam Hilyard keeps a shop at Biigg, and remembers selling some shot to the prisoner on the day of the murder. Witness gave part of the same shot to Dr. Beattie. Dr. Beattie compsred the shot extracted from the head of the de- ea2sed with that given to hint by the last witness, and he found them to correspond. Had nO doubt that the deceased liad died of the guWI- shot wounds. Dinah Tomlinson saw the prisoner within a hundred vards of the deceased, on the road between Wrawby and'. Brigg, abo'ut hialf past ten on the night in question. .John Kirby knows the prisoner. Saw him at six o'clock the morning after the murder, burying something in the middle of his garden. George Warden went to thespot alluded to by the last witness. and on digging found thie barrel of a pistol, and a little farther off a stock. The pistol seemetl to have been but recently dischxr-ed. The pistol was here producel, and identified as the property of the prisoner's brother. Johm. ayes heard the prisoner say in gaol," Lord have merey upon me how couild I miurder that poor mcatn, who never did mie any harm ?" The prisoner then confessed tihe whole murder, and di- rected the witness wvhere tofind the watch and purse of the deceased. IHc found them as directed. Mr. XV. Nieholsohi swvore that the prisoner had matle the follow. ing confession to him:-" On the evcning of the murder I parted with a man of tie r,nc of Eyre. As socn as lie was out of sight, I loaded the pistol, took my station in the foot-path, anti saw a woman coming. I heard a waggen coiming, and concealed i.ayself behind a hedge. The deceased then came tip. I let him pass with- out mnlesting hint; but I can after, and shot him in the back of the UhmeJuc fieuud tltepi$ner t(rllUy, and lie was or(dered for exe. cutio on n lv n L ___-_ LINCOLN. XVl1n v-v A-n a CHI.M. CON-JOUNl V. THE REV. S. S. WAYLAND.