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and the degree of guilt attendant on those facts. The jury would, therefore, weigh well the circumstances of the evidence, and the kind of witnesses who gave it, before they would suffer themselves to be cajoled, or swaddled into a verdict, which would be the very reverse of that justice which, in the present case, they were sworn to render impartially between party and party. He did not wish to treat with jesting levity a subject of so serious a nature as the present; but really, the charge of a young man scarcely more than one or two and twenty, seducing the innocent, unsuspecting, inexperienced mind of a lady, who had been iwelve years married, and practised in all the gayeties of the fashionable world, was almost too ludicrous to be seriously attended to.

The witnesses who appeared this day, were servants who had been employed about the lady's person, and as they would be the strongest proof of the facts stated, in case they swore true, so were they from their situation and circumstances, most likely to become the objects of subornation. The hopes of reward, of future patronage and protection, on the one hand, and the impossibility of detection on the other, were, to persons in that rank of life, strong inducements indeed, to swear any thing that should be dictated to them in support of such a charge.

The learned Solicitor in stating this case, had pictured the lady in the most amiable traits-A person elegantly fashioned! 'A mind highly educated! Manners highly accomplished! Delicacy most refined! Sentiments most pure and virtuous! But how was this blushing portrait suited to the original ? A lady receiving male visitors in her dressing room; dashing from the play to the masquerade unattended by her husband, her friends, or even by her own servants ; swaggering in a curricle through the streets of London with a gallant; and beating all the rounds of fashionable folly, dissipation, and extravagance !

See what the evidence of my lady's waiting woman says on the occasion : she talks of her lady's gallanting visits, received in her dressing-room, with the privity of her menial

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servant : she describes the lady, like another Messalina, in loose attire, prepared for the embraces of her paramour: she speaks of sofas daubed with powder and shoe dirt the touzling of couches the discomfiture of dresses and the rumpling of her ladyship's plumage! But, in his mind, a female witness, who could be up to scene painting of this kind, was not exactly the kind of evidence that should meet the credit of a jury--and if this woman should have sworn falsely, and Mr. Bradshaw was not an actor in any

of

those scenes, yet how is he to disprove it by evidence ?

If Lady Westmeath had so much command of her house, i and such complete dominion over her servants while her lord was in Ireland, and could make so shameful a use of her sofas, and her couches, in her own house-what possible necessity could there be for his client to bring the lady elsewhere, to take her from home in his curricle, furnished with her night clothes, and keep her out all night, unless it was what nobody could suppose with intent to raise evidence against himself, and to give palpable foundation for such an action as the present. The jury would, therefore, take into their consideration the whole of the evidence, and judge of its probability. And upon this ground he would trouble them with another observation or two.

With respect to the evidence of what was alleged to have passed in England, there was no positive proof whatever to warrant a verdict which was to impeach the morality, and affect the property of his client. Every young man of fashionable gayety would pique himself on gallant attentions to a fine woman, if she would permit them. The evidence, such as it was, stated nothing more than mere presumptive circumstances; but from such proofs, and such testimony, a conscientious jury, could not, he thought, feel their minds so far convinced beyond doubt, as to justify to their own consciences, a verdict against the defendant. And with respect to the facts alleged to have happened in Ireland, how did the probability stand-upon the testimony of two coachmen!

But every man who considered their assertions for a moment, must think it as improbable as it would be extraordinary, that a lady of her rank, who might have commanded å hundred places and opportunities for such purposes, would have chosen to expose her amours to the privity and blackguarding scrutiny of her coachmen and footmen and this too in her own coach, upon the high road, in broad day, when so many people were passing and repassing, he thought it a most enormous improbability, that a woman of her rank would be guilty of a fact so beastly and so shameless !—it was scarcely to be believed of the most libidinous prostitute-and therefore he trusted the jury would be extremely cautious indeed, before they believed such assertions upon such kind of testimony, on a charge so materially affecting the family, the fame, and the property of an individual, whose only reli. ance in this case, for justice, was the sound discretion of an honest, conscientious, and discerning jury.

But, if the jury should differ with him as to the probability of the facts, the next thing to be considered was the quantum of damages which ought to be demanded in such a case. He owned, he did expect from the statement set out by the learned solicitor, on the commencement of this trial, that some evidence would be produced, to prove the existence of an intimacy or familiar friendship between his client and the noble earl who was plaintiff in this case, or that some extraordinary stratagems had been used by his client to debauch the morals and entrap the chastity of an innocent, virtuous, inexperienced young lady, in order to justify his lordship’ claim for damages; but no such proof appeared: no violation of friendship or hospitality had been even attempted to be proved against his client. Much has been said of the wounds inficted on the feelings and domestic happiness of the noble earl.- Such indeed might be the plea of a man in the hum. ble industrious walks of life, the inexperienced innocence of whose conjugal partner falling a prey to the stratagems of some artful seducer, might indeed be said to deprive him of

the affections of the partner of his humble industry, the fond attendant on his sick bed, the frugal companion of his thrifty but comfortable board, the friend and mother of his rising offspring, and the object of all his hope, all his affection, and all his felicity. Such a man indeed might justly complain of the privation of all his comforts, and the most incurable wounds inflicted upon his earthly happiness, and such a man would come to a jury of his country, with the justest claims for reparation in damages against the wealthy and artful seducer. But did the piaintiff in this case come forward with such claims? In the breasts' of the great folks of the present day, fashionable manners, there was but too much reason to believe, had repressed those feelings upon such topics, though they might, in the coarse and vulgar feelings of men in humble life, wear the greatest acumen.

The loss of comfort, the privation of happiness, was' by no means so great in fashionable life; for there, the wife was not the constant partner of her husband's pleasures, or his discomfitures--nor: the affectionate nurse attendant on his sick bed-nor his fond comforter in adversity-nor the protector of his children when he dies. For, in fashionable life, dissipation, not comfort, is the object of both, and the man of-rank has his consolation in another, way for those infidelities, which, perhaps, owe their origin to his own misconduct. It is to the pang of suffering, and not to the plumage of title, that compensation is due. The jury, therefore, would not suffer themselves to be bantered into an idea, that a great man was to have damages in a case of this sort proportionate to his titular rank, without adverting to the proportion which the injury bore to his feelings, and the cause of that injury to his own conduct.

Could it be supposed, that the tender feelings of conjugal affection and domestic comfort bear the same proportion as in humble and industrious life, in those ranks of fashionable dissipation, where, while the husband lavishes his time and fortune at the club-house, the banquet, or the gaming table;

night after night--the wife rolls her voiture, at midnight, from theatres to drums, from drums to routs, from routs to masquerades, attended by her cudgelled footmen and blazing flambeaux, and dashing through all the rounds of fashionable rakery from midnight till morning? In such a round of modern high life, the idea of domestic comfort and conjugal felicity, is mere Arcadian fancy! The learned gentleman, in painting the injuries sustained by his noble client on this ground, knew very well he was painting from the scenes of " his early reading," and not from his own ob servations on modern manners; and if such feelings, under such circumstances, were only to be found in the romance of Sir Philip Sydney's Arcadia, the damages in such a case ought not to exceed the price of the book.

It was stated that Lord Westmeath's feelings were agonized, and his pride irreparably hurt, by losing “the consolations and comforts of his lady's company and conversation !" Lord Westmeath, in Ireland, rolling away with one equipage for months together, in all the rounds of fashionable luxury and amusement, in the enjoyment of the bottle, and the pageantry of the camp; and Lady Westmeath, in London, swaggering away in another equipage in all the rounds of fashionable dissipation and amusenient for months too and then poor Lord Westmeath complains of " the loss of his comforts !" in the privation of his lady's company and conversation, not more than two hundred miles from him, by his own choice, for eight months together! The idea was, in fact, too ludicrous for the serious reflection of a rational and discerning jury.

One point, however, was most important for their consideration. It was, whether the plaintiff in this case had taken that care of the morals and the conduct of his wife, which his authority and his duty, as a husband, enabled and called on him to do? How did the fact appear in evidence ? Lord Westmeath comes over to Ireland; and leaving his wife in London, exposed to all those temptations which a

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