Sheriff's Court, Red Lion...
Mir. BrarGUAse openied thte pleadings iti this ease. Tihe decla- ration charged the defendant with haLing debauched the wife of the plaintiff, and thie jury were ass-embled to assess the darmages. Mlr. BI5OL'GHASI addressed thejury. Itlbecamehispainful duty he sid,to etal t thm te crcustaecs of this cmse which had caled hemtogthe, ad i wold e teirduty to. decide upon thie amout ofdamges hichtheplaitiffwasto receive fromi the de- fenantforoneof hegretes, i no te very greatest injury which one ian oul do o anthe. Itwoud be uninecessarv, in a meas of this sort, to ptepare their niinids for the dischiarge of' their duty by any reflections on the nature of the offence whici had been com- Unitted These topics, he was aware, hatl been uirged to thiem uponi former occasions of thie samne m4-ancholy description. Ile thouight, thierefore, hie slhould best discharge hiis duty, byshortly and siniply detasiling to them those facts which alone it was now necessary to prove; because, as they were well aware, ehe mate- rial facts, namiely, thle marriage of the parties and the seduction, had been admitted by the defendant's suffering judgment to go by, default. Captain Johnstone, dlie plaintiff, was a young man of most respectable family, of the highest honour in his profession, and of a fortune whiich entitled him' to asp ire to the hiand of Mliss Halida, wo atewrdsbecme iswife, and whio was dlaugh. tee hewoud enrrc o ay,of neof the most honourable and galantofices n hs ajetys srvfe.~h alluded to Admiral H~~ay,whohad i coseqenc ofhedeath of Lord Dy- iftoaladty of familiy, Lady liiabthStratfod agtrt th alof Ormond, a person of whmitwaimosbet Speki other than in terms of unqualified admiain hte as to her virtue or her accomPlishments. This ladv and her husa band hatd Tecently endured the heaviest affliction. In three shiort moanths they hiad lost thiree most lovely daughters, and now to this blow was added the seduction of a fourth-an event wvhich bie would venture to say must have aggravAted their sorrow in a teni- fold degree, because by this act wvas a stain for the first time in- flicted on their house. At the time of the maTriage of Captain Johuistone, which tookz place in 1817, lie was 26 years of age; hist lady wvas 20. She was a person of great accomplishments and distinguished beauty. They lived together as happily as was usually the c-ase 'in mnarried life- their comnforts beingr only inten-upted by some few of those differences which were seen among rtae happiest, and whiich werefetind not unifrequently to arise from moment4v irritation of temper, withouit leaving any lasting imrsin, The affection of Cap~ain Johinstone for his wife was una bondd and datring an illness with wvhicl shie was attacked at: the latter end of' 1822, he attendled her inc6ssantly, and conducted him- self in Elite most exeimplaTy maniner. The family, of Captaini John- stone was not equal in point of fortune to thjat of Mlrs. Johnstone ; and it miight so hiappen that this circumstance had led to those little stritfesto whichlhe had alluided. Mlrs. Johtnstonemight, and perhaps dld,feel mortifiedthiat her husband was incapable of grar.ting her those indulgencies whichl were enjoyed by her more fortunate sisters:- but still she lhad all that the means of 0aptaint Johnstone wouldjutf him in granting ; anid if her inclinations were thus thwarted, 'this fornned rathier ail aggravation than excuise for himi who would taket advantage of such ai state of things, to seduce her from the armus of her husbanid, and fromn the paths of virtue. It was a fact, too, of which sight shoua'd not be lost, that Captain Johtnstone and Lord BrueInell hiad been intinmate front their e-arliest infancy, and continued in the enjoyment of each otlher's frienidship to within a short period of the melancholy occurrenice which had led to the present proceeding. In the beginning, of 1823, Captain Johnstone went into Dorsetahire, on a visit to the Ponourable Mlr. Sturt ; whiose wvife, Lady Elizabeth Sturt, was Lady Brudenell's si-ster. Mlrs. Johnstone was invited to be of that party, but for somie rea- son or ochier slie declined iccornpanying her h'usbanid, and remnain- ed in town. it was on the 7thi of January Captain Johnstone went to Mlr. Stunt's, and nfter he hiad been there a week he was_ inexpressibly shocked at receiv-ing a letter from Admiiral Tolle- miach, informing him that Mrs. Johnstone had set oil froim her house, without asgsigning anv reason, for Paris. -ilr. Johnstone instantly hurried to town, arid saw the Admiral, whom he entreat- ed to lose not a moment in writing to hiis daughter, to point out the imprudence of hier conduct. The Admiral didl write, but without efe= and Captain Johnstone himself set out for Paris, but wa-s unbl toD rocuire access to his wife. HJe con'ulted legal advice, asto whetIler it would not be possible to get att her by force ; but this lie found impracticable, and was compelled to leave her in the house of her grandmothier, the Dowager Lady Aldborough, as no solicitation could prevail upon her to rettirn. Up to this time no suspicion existed of any connexion between Mirs. Johnstone and L-ord B3rudenell ; but some thuie afterwards it was discovered tlsat she was living under his Lord.ship's-prorection. Air. Johnstone,on receiving this information, went over to Paris to obtain evidence on the subject; but it was not tillI within avery, shore period of thepre- sent time that such evidence wvas procuired. Is was of this injury the plaintiff had to complain; and to a juiry of his countrymen lie now appealed for compensation for htis loss--if pecuinia-ry compensation could be given at all adequate to his sufferings. No money, in fact, eojul.d wipe away Ithe recollection of the past; but still he (M1r. Brougitamn) thought it was the duty of the jury, from a sense ofjus- ttce, to gie such a sumt as would nsark- their sense of the defendant's misconduclvt, and prevent that stigma which otherwise must attach to a husband, whtose conduct had been invariably marked by the warmnest affections, and the maost anxious solicitude for the happi. n ess of hiis wife. Mr. BINGstA5t Isuggested to Mr.1Broagham that he hadl forgotten to miention that tlsere was a child. AMr. BROJGU1AM thank-ed lies learned friend, and said, he had omitted to sitate that there was. -of--this marriage one dlaughter, who was now six years of age~~antd he would noiv only mention the fact, leaMIfg the jutry to deuw their own conclusions s they woulcllcnow best hiow to appreciate the feeling-s of.a father on whiom the difficult chiarge was thrown, at a period of life whien the parental care and example of a mother were so essential to the fonnation of a daughter's mixnd;, and they would thnen say what damiages the man who had inflicted this Injurv ought to pay..2iThe learnedaCounsel. then proceeded to call the following witnesses:-... All rs. Johnstone sworn.-The plaintiff is my son ; he i$ an officer in the 19th Lancers, and in 1817 he married the daughter of the Present Adlittiral TIellemach. Shte was also the graLnd-daughiter of Lord Aldbonough. Whben the marriag e took pIac the plaintiff was 26 years of age, and iAl iss Hlalliday 20. Afe'r t&ir muarriage they resided with mne, andI I had frequent and constant opportunh- ules of obseving my son's deportmenit towards his wife!. I always considered it was thiat of affection anid tenderness. Shortly after thieir marriag hywn to reside at Englefield-green, near Aid- miral Tollem ahs hos, nIshetlhere fell ill. Captain Johaitone, haying occaiont oit Dorsetshire, left his wivie at Englefield- green, butsh son after quitted the hou'e,~ and Captain Johinstone followved hert Paris. Cross-examnined by Air. SCAULLiTT.~-My son andahis wife resid- ed with me alhout tao years after their marriage, in fact, it was their only honie. In the lirst year the child was born. When thiey re- aided at Englefleld.green, I visited themn a great deal. Captain Jolhastone continued in the arnty, and received his half-pay, but I considered that nothiing comud exceed the affection and tender- niess with whic'h Captain Jolinstone treated his lady. I thoughit whien they were married tint she was much attached to himn, but I could observe a materi-al chiange afterwards, and she finally went to Paris, but did not come to mny house in town. Very shortly after Captain Johnstone followed hier, an.d he remainied in Paris long enough to make inquiries. Jury...-.Are you aware that Captain Jolinstane was the objec-t of his ladY's affections whien slite tarried ? Wi rnss.-Unsdoubtedly maty son was the objectof Mliss IlailidaY's affections when he married. UNDER SreEIrrs's.-~Irben you observed the clhange in her affec- tions, hind slie been acquainted with Lord Brudenell any time. 11itneqg.-She -had seen L,ord Brudenell in company, and also at tie liouise of Lard Cardigain ; Lord Brudenell has also come to my hiouse anid inquired for her : she has ornly been acquainted with hid Lordship since hier marriage, but my son has k-nown him since he wvas a boy. Adm'iral Tollensaclm was nxswn.The Admi-iral was first queStioned respecting the niartiage.4Thecceremhony, he said, took place in August, 1817, and with the perfect consent of all parties: himself, Liady Elizabetil Tmslhernach. and Mrs. Jolinstone were pre- sent, and several other friends; he was not aware that the Bishop of.Lincoln officiated on the occasion, or was prresent. After their marriage they residied at M1rs. Johastone's house?and theyafterwards removed to Englefleldl-green, whien he wats daily in the habit of see. ingh. And urig th tie they s6 resided at E'nglefield-green, did you obsete hattheylivd hppiy together ? I kimow that hey quarrelad ver uh e ery high words, but neve inmy pesece.Abou the iots after they were married the plantff atie o e,and infmirming me of the unbappiness that ex- iste bewee thm, aid hit%iife 'had just tlien pyoposed a separa- tin I expressed my regret on hearing this dircumnsatance from- per- soss recetittW matried, ant ri reqseed he wouild not then enter into an eti, as the accoueheur was then in the hiouse attending eli Lay Tollemach. He acknowledged himnself In error in then men- tioning, the circumstance, and said no more, but they continued to live very unhappily together. In the summ'erof1l822,when Captain Johtnsione's lady was taken ill, shie remnained at.suv house, zisdthten the Captain eviriced great af~retiomn In the higiniiing of 1823, Cap- tai Jthstdne went to visit tdie family of Mr. Sturt in Dorselshire, but *hen it was proposed, I never hjeard that his wile was to aecout- pan him.~l aQ.I believe you informied the Captain 'of hier liaving left thie house ? A. Yes, upon her iea-i'img the liouse for Paris, I wrote to him; he came to towvn immtediately, dnd hit fitst pfoposed going to Paris, but at my) suggestion he wrote a letter, couched, as I supposed, in v-erv fair tenns, to endeavour to bring her to England, and return to her 'home; hut thus not cifeeting the purpose, he went over to Paris. I called on her mother, but slhe was not aware where she was'gone. Q. Ate you aware what were the terms of the separation ? A. The terms wvere, that she was not eo reside in Paris, but in Englatild, withi me or her imother.I Cross.1examntind.-4t was in January or February, 1823, that she left her house and went to Paris; her grandmother, Lady Ald- borough, resides there. On her departure, the wrote a letter, stating shie was going to Paris to reside with her grandmother, and I ascer- tatnedl that she had resided witlh her five or six months. When uaptain Johnstone went there, he remained in Paris about a week, ut thme exact time I am not certain. I heard they quarrelled, but they did not do so in my presence. The separation was proposed three niontha after they wrere married, and i consider, upon the whole, they-lived very unhappily together. Re-cxamined-The separation was also talked of soon after the births of the daughter. r. *liddleton proved that he was in Paris in Mlarch, 1823, and sawY Captain. Johnstone there some portion of die timoe. This closed the ease on the part of the phaisiti xie. tr. SCARI.ETT nowv rose to address the jtury for the defendant. He remarked that the case which had been opered by his learned friend had been short, and his proofs had been equally short. He had witnessed a great variety of these cases, but he did not recollect one of this sor. lIe trusted thatthe jury would do him ehejusticeto believe, that there was no man who respected more the elation be- tweex ulan and wife than he did; but at the same timeitmight some- times happen, without the least imputation upon a defendant, that Ull happy differences of temper or habtnmight arise,which w'ould ren. der~ the merriagelife unhappy, and occasionallyplace the husband in somali a situation, as to render the loss of a wiife a circurnistance of no wveiny great injury. The person wbom lie had ehe honoLr to repre. sce was nnobleman of thc strictesthonour, who approached the cosideratton of thispanfulsubject with ever sentiment of regret. It hiad bcen impsed upon him as an imperious duty, not tocast th- slightest reection ither upon the lady or the plainl3f in dmit cget Hi.> client felt that lhe had a reparation to make, and him .. . ., . ., ndI would willingly submit to such daniagrs as the jury, ulpom a fait consideration of the facts of the case, stripped or all adventi. tious colouring, might think pzoper to award. It was fit, how. ever, it should be stated, and it was due to the defendant, that the iury shoudd know thc fact, that -whateVer occur. rerd between MArs. Johnstone and Lord Brudene]l, did not take place till long after the lady had quitied her husband's protec. tion. Whatever difficulty the defeadant had to encounter, he at least had the satisfactionl of knowing that he had violated no confidence; and that, however he might have been impressed by the beauty of thie lady who had become the partner of his cares, he could not accuse nimself of haiving had recourse to the ordinary arts of the seducer. Under these circumstances, the question for the deterenination of the jurv was, to wvhat reparation the plaintiffwas entitled from the defendant for the inijuries he had receired. He was happy, in the consideration of tbis ques- tion, that he was addressing gentlemen ot experience, who had been frequently engaged in the investigation of sinilar cases; and he tliought he m-ght confidently appeal to them, and ask, wh;ether they had ever known a case brought under their notice, in wlhichi there was less of criminality or less of aggravation ? There ras, as he had said before, no violation of confidence, no criminal seduc. tion, no breach of friendship; for not a single tittle of evidence had been adduced to prove that Lord Brudenell had ever entered the house of the plaintif. It was admitted, too, that the wife in this in- standc was nbt attached to her husband, but had voltntauily quitted hLi sodetye. these were circumstances, in his opinion, which ought to go greatly to mitigate the damage. He did not stand there tosay that Lord Brudeneli had nrot formed a very violent and irresistible attachment for this ladv-for she was, as had been truly said, a lady of great beauty and accomplishnments; nor was he instructed to re- sist the payment of such damages as were fairlv due . but it was impossible not to observe, although his learned friend had talked of the affectionate manner in which this couple had liAed togetber, that not a single servanr, male or female, had been called to support this statement. Indeed, the evidence of Admiral Tollemoaeh went distinctly to ptove the reverse, for he candidly admitted that the plaintiff antd his daughter lived any thing but happily; and that within three months of tlidr marriage a piopositio. was mhde for a separate maintcnance. The iuty Would also mark, that although mayried for six years, there laa been but one child. rt was not his intention, for, as he had already stated, his instrucdons forbad himn, to say one word to the prejudice of Captain Johnstone; but it was retty clear that there was some paramount cause, distinct from any ronnexion with the defendant- that induced Airs. Jolnstone to fly from the protection of her husband to that of her grandrno- ther. It was under the protection of that lady that she met the defendant. She was possessed of great personal charmss and her situation rendered her more particularly an object of solicitude. Under such circumstances, it was not extrabrdlbMI that two Voting persons should forget wlhat was due to their own happiness. He had, however, to repeat, that the plaintiff had sustained no loss-he had himself acquiesced in his wife's desire for a separate maintenar,ce, and she had positively refused to return to his house. The jury, weighing all these facts, would give such Aamages as ap- peared tonthem consisten twvu ith justiceand tl,efair claims of theplaintiff. Tite UNDE)ER SsIERsvF havsing summedl up the ase, The jury, after a short consultation, assessed the damnages at One Thousand Pounds. SHERIFF'S COUTRT, RED LTO2 RalrAiv .1TT'F 23. FREDERICK JOHNSTONE. ESQ. V. T.nfl,n PU7TT7%-ZPTT_