'^A\ P.'^B^a^lg-- se ^. ^^^^' v. § /a ^l ■/A 'W w w IMAGE EVALUATION TEST TARGET (MT-3) 1.0 m I.I 1^ IM ^ IM li^o mil 2.0 11.25 IIIIJA 11.6 Photographic ^Sciences Corporation ¥^ // % ^ w % ■■^- ^/. .# A^ ine.<» as a husband, and fat tlie injury he has suxtained in the ij»t ol (be nonrty, do. ineitic comfort, and assistanreof his wife.— To tlii-i charge the defendant has uleadcd not jrui'ty i and you, GeutUmen of the Jury, arc calle I upon, under the boiemaity of an oath, to prono§ mail, an Englishman, who came to this country a few year,> ago, and by In-i mlustii- •as anl reputable coudtict.^ooii' acitniied the conlideiu-ean J esteem of many persons among n«. In tlie course of time he berame ac ju lint- •id with a yonng lady of respectable cliarac- ter, family, and conncKious, a native of tins •omniy ; auU having formed an attachment to fcer, with the consent and approbation of her family and firiendv married iier. Willi her, I believe, be lived tor many years, in the ut- most enjoyment of domestic happiness ^ but «t length, Gentlemen, the destroyer came.— He envied (he plaiotiff'g comfort and reno'ft, •nd droke the' Uivinc ComiOiiiidmeut— he ^'coveited his neiglibour's wife," and is cbti^ed with having committed the foni crime of^ diiltery— with having blasted the plaintiff's hopes, and alienated the attacliment and af- fections af his wife— the sharer of his joys, and the partner of his bosom— He hastened her ^uilt, aud accomplished her ruin. — He separated husband aud wife, and finally and effectiially pnt an cud to the peace and cod« jugal felicity of this unfortunate family. This destroyer, Gomleiuen, is all dged to be the defendant, a Major of His Maji sty's array, a jj^eutieinan ai you observe of rank, fashion, and splenlour ; a mau offascinating manners and accDinphshinenti, of enticing habits and appearance ; but I fear of unchaste and vici* out passions. Unhappily and unfortanately for the platiiiiff.lneednottell you how, nr wiien, biitiin(atieijre and weary yotir -ittcutioD,! sh.dl en- deaveiir to avoiit all irrelevant timtter. and to n«c an mDcb brevity as the nature aiid cir- cnnutanceiof thtt importint <^je wiU ud.nit •f, conaiitently with the discharge of the •acred epartii»ent,was callf d upon (o attend his public duiy tbrongbont the greater part of the day. It was in his absence that the De- fendant commftBCtd his intrigues with the Slaictiff's Wife. He watched the husband's epW.ure and the hour of his return. Scarce- ly iiie closed, and always made safe his retreat before His arrival, in the course of time an opportunity occured •till more favourable to bis views. Misfor- tunes happened tu the plainiift, aad hetKcame cmlwrrassed in his circura.s lances. The sc* ▼ere hand of the law laid hold of him, and his creditors cuiiiinitted him to gaol, where he was compelled to remain several weeks de- prived of the consolations aod society of uis wife. VubHppy events ! The defendant availed himself of these drcnmstances to accomplish his wicked and diabolical pur- po.se. The pbiinliff had m> children : his wife Was therefore witlwat any compaaion or inmate, except^ her aiale and female dome*< ttCa, ijt8 mvB usv r vft «*uu«a 8ic|ti utii vi iiic oouse. It will be proved toyoa by them, that before tliU avMit tha defendant only vitited in the 4 day, and iiev«r ia tliw evening, at which Maw the hu>b4im was at home ; but that afterwards his visits were renewed both morning and even- ing, early and iate,and from day la 'lay.— The witnesses will ffilly satjitfy you of i»«« defend- ani'h guilt. During iheNe visits the defend- ant and iilaiul'tf s wile were always shut U(: by them«elver, and no others admitied. — H'e will bliow i|i;it in th«< evening th'. bronght w lie and other iatovicaiini; liquor, i into the b nc. v.iih •-. view I prasume o' ttmptiag her lo drink, aiad thus render ii;g her a nicie easy prey to his seducing arif. Hoi water and maieriaU for punch were _ furnished by the servants at the request of their mistress ; and it was only then they wera permitted toeuter the room, 4nd otteu on hucli occ.'\isili tes- ^'fy thst tiie Deleuditut was kumFlimfs witii bci early in the morning before shf> liad throwu oti'her bed-gown, and was even admitted Into her bed-chamber before; she bad left her- bed, and iheiu remained a! oue: with h*^v fc.- Hcoiui- d(;iable Sinie : they wili fiiiihar tc.>tiry toa ire- queat carvet^pondenct; betwee>i llics*- parties j and that on one orca>ioii, on the receipt of 3 note from the defendant, uiikuovru tohv^r bus- band, with whom khe was about goins to church, she suddenly fuigned indisposition, and was unable to go with him ; but no sooner had the plainliiF departed without her, than her health and spirits returned : >he Uft her bome,cro»sedthe garden aod the lield!i,au ., nate husband was iji piisou, she, iiuder previ- ous appuitttiiifnts, left her own house at ail early hour of the evcniiii{ in a disguised dress, and having gone to the dsfeudaiii's lodging* near by, was let in, and there rruiained till a late hour ; iu addition to this we will Nhow tlua> some person, no doubt the detendant, euteie.l her bed-room window one night by the aid of a ladder, the priata and marfa of wbicb, ow- ing to a shght fall of snow over ntght, the foot- steps of the visitor, and other t-ircumstaavts were tou iiMnilest to leave any doubt of the fact. Th« mail >ervaiit will state that he saw the plaintiff's wife at a very enrly hour ia ikfi nioruing, peeping ihioMgh the window as if watchiuf^ the departure of her conipaniou ; and on discovering that the aervaots were re- marking tlie<>e occurrruces, she with much tempernnd conscious guilt inquired if they sus- pected her of admitting any person into hev , Iicd-room, and declared tba: ii had been the visit of a certain friend, wtio came in tha night to iafurm her that conatables were about / to break into the house to arrest her husband's property. This same friend will prove the falsehood of ber statement, and show that tb«r« . was not ihe^ ahghtest tbundation for such de- ception, rinaiiy, Uentieraen, we shall prova many corroborating circnmMances by other witnessej, which yom time will not allow im a* §t •«tWi>, «n(i wbUrk Z wait lc«Tt t« thtm- ««lv«>< to detail. U'>ntlL>in«a, if ihi« ^Mtement is confirmed by tlieiuoiithi> ofcredibl*- witneM«4,can yon doubt the dffeud»m'» guilt- Can you.wiil joa, keii- tate to pronounce btni « lilty of the wicked aad ■b«minal>le tin of u>liiltery ;ind adnltery ud< rfer any cirrnsKtanm, bnt etpecialiy when accoin|>auit>d with -ut li aggravation, i» nnquri- tionably Ibe greuir^i civil injury Ibat can be comaiiltrd in aocict). It ju»tly dcnarvca tho marked dispUaeiire of every Chri.an'!, my client, conieit for rrdren, and this day, Gitiitlcinen, he and all who kear me will I trnut ft;el and know how nncb we onf;ht to prize the invaluable privi- lege, till lately 1 «Mit;iit say, almo&t exclusively «nr own— aneen are repressed and their wrongi punisbrd, not by the arbitrary principlesaiid nilc*ofi««> poti< and abitolnte govrrnraentA, but by the mild and *-qnitable intrrv«nttOB ofti Jury of their cnimiry, and this Jury aciinft a^ you ■re under tbe Mleronit> *f an oath, under the MOctioH and anihoiity uf jiMiice an4 con* •cience, guided and directed by the talenli^, wisdom and exprricnce of a bench oi Icarue4, opri|;ht, and impartial Jitd^e* Oentleinen, thin is a cause of the first conse- quence and importance ; and I lielieve the first Mlhe kind that has occurred io this coiBinuni< ly : it therefore ralU /or your mo»( trrioiM at- tention and eon^ideraliou, aud lume too. If My client drM^vesthat;itstice, IboKe damages ■tyoarbaiKls,wbicbhe feels hiHiHlfeutitled to, and which I have come here to teek on his be- half, he wiH perhaps have occation to regret that he has uoi •eleclt-^ sowe fentlrroan belter qualified than myself to onbiait bii ciaa to you. i confers the consideration of a crime of «uch enoroMMs turpitude as adultery, a crime I hope new in this peaceful and moral country, where ev«>ry haaband is itccn»ioiu- ed to enjoy hit fire side and the society aad dmUtt of his wife, without fear or auspictoa «f tavasion from foes within or front foes withoRt, reiMJera me ioexperieuced as I Mn to<> unfit to represent its sad and destruc- tive eon«e(|aences toothers. Gentlemen, if all is tme, what ^au yo i say or think of tbia man, wbo, while preleasing bis emcoiUe tfriendithip to the nnfortuoate Plaintiff when confined in gaol, wtio, at the uoneut be was extending to him l^e otiices of iucreaaed aud affected commiseration knd pity torkia unliap- py situation, waa leading sJ»nut wi iu- iikmy, and not only making to her an4 to others profesflious of his sorrow foi her comtortless tinned publicly and uuspariugly to insult and calumniate him, already aSicted beyond des* cription. Has lie not oi'ten and aloud pub- licly declared, thateveq if'uitowa conduct iu this atfair had been marked with folly and imprudence, not te say acknowledged gjilt« yet tbdt the husband la these nusdoingt ^d oouiitenanced his wife's disgrace, and had be- rome the pander of U>s own dikbonour. Had lie not poblinly branded biw with firtlsebood and felony? As I before observed, under lurb cifcumstanoes, vrbat cause was left for tlie Plaintiff to follow, hut to institute this action. Tbe only question therefore it lor you te say, what sball bt tbe coasequences of the Defend- ant's crime, provided you think aud pronnunc* him guilty i Yo*i| gentlemen, are placed in a situation most iuiportuit to tlie individual, most laomentous to the public. You have* paihful duly to discharge, which affects your- selves and affects also ilte wbuie community, Ou your verdict will depend wb^'lter persona who are guilty of pro£auiug th«. domestic altar, who have despised and (iargotteu tbe Huly Commandment,—" Thou tkult r-t commit adist- tery."— who have cast Aside all res)iect fbf religion and trampled upon the laws of mor- «lit>, wbco opposed totlie gratification of their lawless aad uuboixided pabsions, aii-1 who ar« regardless of the injuries they inflict upon others, shall continue tbeir iiiipureand profli- gate course with iiiqMtuity. Gentlemen, thia is not a case, if you once fasten guilt on th« Defendant, in which you are called upon ta find rxcnset, to ^imintab the tnrpiinde of tb« offence, or to qualify the worsk of crimaa by tbe names of levity and imprudence. No, (Eeiitleoten, you cannot punish a maaofthia dcMsription, tbe adulterer, with too heavy a hand. Look at the hui-baud, is he not injured beyond redreas I Money cannot compensate him ; You cannot" minister to & mind d:seas- ed :" Very- altons, that you nm well cousiderol tlue crimo ofadultery ; and ' ?. Defendant i* guilty, ( contend be is not ■ .led to the allowances of infirmities of passions, and iiuperlVct uature. The art is slow, wilful and deliberate : «M>t like tlm sudden aneer and just resentment of injiiied honour, which comuiits violence and ev«fl t«h«s ltf« itMlf under the tterm and fnry U' I lit \ «f reiTstl^u piuion. Our fet-tiapi, tnr pa«. •ion*, I coafrg', are oftentimet icnipt-ntiioiit «nd diffcnit ol'controul ; but ilie rurami»sii)n ofxiicfa a Ibiil deed, (.0 degrading to hiiiDRn nature and evil nocipty, i» not, cannot Ue, the act of »nddea pa»fion arid uncontroulfd de- •ires. The JbrtVndant nui.t have ollea thouitht of the sin he was about to commit, and bad mflicient leisure for reflt^ction and Tcpenlance. Ihe adulterer and fornicator imist encoiiuter inrurnir>imialile obstacles and difficulties in iheir pursuits ; and all these must be removed by the utmast industry, per- •everence and dis^uixf, lill lime, chance and opportunity finally concur. Ihe Def.nJaut i* alleged t« have availed himnelf of the^e fir- cumstanon, and for a base and momentaiy gratifit ation sacrificed his own principles and boiiour, corrupted the chaMily of Ihe wife and forevf r destroyed the peace and Lappi-' nessof the hiikhaiid. Gen'lem«ho opentd the doiM» of hospitahty, au.i .shut ihem net agaiu.M hmi— vhohad bpsiowed on him the Intl.- vomforiu aHdatiTiiousofyonety ; and«ho>.e favours weie repaid wiih the n.ost deplorable mu ami ingiatituitcaud by that man too, who still prutei'Sed hi. friendship rven after be bad violdted ihe nmst >acted obligation. I call upon yon ti er. fore, gtntlemei of the jury, lo put this case to jourselvrs, 10 feel and to re- Beet. Von are to decide whrthtr sucli « wi FevDr.Inglis.wh* proved the register of i|i». maitiagp oftlii' I'lainfft with Aliss Martha Ann Vhalan on the l^ih Match 1811. Fiancis Anxon, a private in tlie 00th regi- ment, ■u-» in the day time, but oftener in the evrning about (i or 7 o'clock, and si'>pt Ihcie occasiowaly lil! altir llatnii;ht; the I'laintifl had Mi..iiie"s lo fat- tend in Ihe barrack de|.artment, and usually went out after bieakfast, and did not leinin till dinner tiuie ; he observed that Ihe Defend- ant always came aitur the I'lainliA wa^. guii« oni, »nd wentaway before be leiuined ; ha lecolici-ted nnce taking into the pailuur .ed-iooni window, although there was snow on ihe others: and itappiaied as if some one had inaile an entiance ibeie ; he showtd the tracis to the maid servant; Mrs. hall gut up earl er tliat morning tliaii nsual, and scolde'l hinif(>r being so cn.'ioiis as to look at Ihe step marks, and said to hint, " Do you think 1 have letany one into my bed- room ; it was only Major M'Colla, wboiiad brought a note to inioim me the coniitaLles were t-oniing to break into the house ;" on an- other occasion he was the bearer of a letiec from the Defendant to Mrs. Hall ; and the De. fendant came to the bouse the same <.ay a- bout two hours afterwards, but could not say bow long he remained ; he was also the biaier of a note from Mrs. Hall to ihe Defendant, who told biro net to say any thing to the Plaiii- titi about it, and to deliver it to no one but Major Barrow ; the Defeudaut visited that day(cnahnnday); the I'laiotitl was tin u over at Dartmouth; and the Dt fendant coutioued there almost till the Plainlifl reioriicd ; be ob. served Mrs. Hall looking from Let window was coming home ; the Plaintiff rode a ''grey h»r«et"d wu ka»mu at Ike dibtauca «b that acMniit ; tk« Majar thra went sway. Un hilt cro^tK-rxainiiiation, lie KUted Itiat Mr. Hal) was Dot in (li<^ Imbit ol driokine to fxresi; kedrank, be lupiioited, wliealie ua« dry, like other |>"f>|.l«'. Ha could not say wbether the Flaliititi and hi» wit* livetl an- bappv togethrr Ix^tuie Major Harrow Icrania iniiuMte with lii«> fauuly ; ke knew only ot thrirbaviiiK had moiJh but onre; and uIko knew that Mrit. Hall left her biitband'n lioiue bf tbra the Uciriidaiil i: ed lo pas lii* vixils, butrould not stall- the iJa!>on. 1 he evening he attended Mrs. Hall %«ben xhe >\rni, a« »he •aid.to drink tea with Mia. Cleary, lie accom- paiiitd her as lar us the Round (linri-h ; it waH fHlher a dark and niitily evcniue ; hn did not Ibink he could be niiitiakra in the person ke »aw goiiiK into the deteudant'* holl^e ; he knew her frwa the drens nhe wore, and wai poMtive as to thin tact, not beiiiK iioie than a dozen yards nomlier ; he lad previ- DUD to th*; trial inidrrgoiie an t'\aiiiine, when he saw .Mrs. Hall spying with the glass frooi the window looking over towards Uartmoiitb, and heard BIrs. Hall say "she saw tlie white horse ;" he bad onr« tnkena pic to Major Karrow's chil- dren, but did not take a note wilh it. Ann Harrison lived servant to the pUintitf about seven weeks in the begianing of 1^19 ; the defendant frerguently came to the I'lani- tiff's house in his absence ; she Imd as' long recollection of the plaiutiflf going to Dait- month ; it was on a Sunday ; the defundant came there soon after his depaviure,aiid re- ntaiiicd there most part of the day ; did nut hear Mra. Haii »ay any liiiiig aituiii iue t!iry knru ; she lemembered on one ocra.«iuu, wiieu tbe plaintii bad bei o out riding aud retutucd nnexpectedly, that Major Barrww wts thert at the time, aii't he was as she supposed Ift it the back dooi , Mr* Hall«fterwards inquired of her if the plaiutiti had asked ber If any on* bad been tbern , she aUo told h<>r once or twice not to intoim the plaintitf of Major Ratrow't visits, which she thoii):hi was very cnrion* ; at another lime Mrs. Hall dmrrd her to say it any one called, .'in A/njar Uar^ rutr, that she was iMt at In me ; the Majf>T came that nioiniiig. abd, notwitbslatMling sh« told hini Mis. Hall was not at home, I e went up stairs, and, as she snjposed, hearing her ' voice, raid," this is the firni time I have caught you in youi bed-gcwn ;" Mis. Hall did not seem oilendedat ihisoi)»ervation, and replied, " if yon will come so early, you roust take m* for better or for wuise ;*' the defendant remained ihrre for lome thne ; she did not observe iifierwards any deiangtment of ber dress ; the plaiulid appeared lo treat hinwifo with every kindnesa during the time she lived ill his service ; he kept a regular house, and the family generally went to bed aboiit 10 o'clock at night. On her cross-examination, she stated sk* r. ver saw the defendant come there at nicht time ; his visits were generally in the da> be* tw«niootlidown hur dress ; be never knew the plaiutiti to ill treat bis wife ; be had re- peated opportnuiliei of seeing them go out to- geU)er,aiid they appealed to bt extremely so- ciablc. On his cross-examination, he said that he never saw the defendant go to the plaintitf's house at night ; be had not uhserved an) other person call there exrept Major Barrow, not wen ladies ; the blinds were not frequently put down ill the morning; the plaiutiti some* Uiues i.duit. iu set; fnis. oiiuve, \»mu iittii im part of his bouse ; Mrs. Anson also lived un- der bis rotf ; but ke aevir recclletled Mr, ^1 ill jm W«(*r My evaramtlon with ker ; h« Sirv" ."j ""■•''••^ i«pro|.er c«iMla«t tb«n •fcW b« li»d iieationrd ; be did not ■nder. Ma to My that Mr«. Hal!', eloihts were turn- W»a when iihe robbed then dowo ; he wu »t nrtr enonKh toob*er»e to miontrly ; the ■itarien of hii house wu i.\»\xi half hou*<> place between thriL S^t, re|Bt«(f , that h« uted to work for the plaintiff M Hardener, and bad Men the delta. Vff "l""* ''*ulse of the moment ; Mrt.M»ll wrnt toMrs Cleary'i and »t the it^Bistof the pia.iH tifl, witnett called upon h^r there and nr^ed her to coma back, hnt she taid \\ir would not j Mrt.Hall'l>'pia«hermoiher't ilmt iiiKbi,aioii« early in themuming, w.n( to Mis. Woolfurd'a and told her xbe slept wiib the witne«» in iba Liicheo ; Mrs. HhH wcm houi. that dav. aad on her return declared that what liad | a««ad was merely atiectaiioa on the i an of the p^aq. tiff, who wanted noihioR but the delendant ta borte-whip bint. .Soon wfipr Captain Pticher came in ; Mrs. Hail tarl to hm, " U ho tent tor you, yon impudent (Hi.i.v, w* want none •f yonr advice." Ca f^in Pilcher replied, - I will have nothing lo do with the little woatan " In the evening Mr, HaH requeued the wiiiieta to go and look for Mit. HaU, and b' g of her to come home to him. Ufaen Mrs. Hal came back the plaintiff received her kmdiy. and she said, " Hall, I hope von bavo gag over your capers;" and he f.^plied, « Mf oaar I am a cliild and vou may do wiib ma u yoo like ;" they bad tea toaetber and teemed perfectly reconciled. The witaeia once taw Miyor Barrow holding up a letter to Mrs. H.ill from his own hna«e, and t»ia day afterward* Mrt. Hall called iimo her and complained that the plaiiitiri bad ill treated her, and that *h(> was di teimined to lea«e her family ; toon afterwards Major Harrow cai^o Into berboiise aUo.audtinding Mrs. Hall there taid, •• Good God f ih a woman to be treat* d ill such a manner by such a vagabond ;" ba then went out and returned with a letter di- rected ibrtht plaiuiift,and read it taMri..Hall • it was a most abusive o«e ; he called him a vil^ >ain,^kc and threatened to cut him uptomiiice-t meat ; alter the Major had read it, Mr». Had taid,--" C«rany ; the never taw any other gentleman po there but Major Bar. row ; the |.ap««f loor ; Mi>. Htll Kiwd tomllhcrwbcn lfih« Flamtiff'wM Dot in gaol, and 4^«f i4ic ««aolrd Kiiv tiling ; aitc look up at her re- qtipst, uttwt w.triQ water to make |»narh ; could nut i>ay wliwre the rnm cane frosi, but li.^d !tom«tint< * known ibe detendant to bring l)otll«.< lo tlir lMtu««>: Mi«. Hall wa* in tli« ha- bit loim-iiiiM-ii 01 ilriiikinK norc iban 4ie should Lave done, aixl ^h** h«d known her to be the Mrur^e orhi{iiur when ilie defeudaut wa« ibcie ; •bK rrcoU<^ried th« (ilaintid being nuw«|l i!ie evi nini( he came fruni ihe Kaol ; Mm, Hall Irft the honai^ al>oiit a qiianer ut' an liour after he came boou ; the bed-reom waxoffihe pailoar, and «be remembrred M^jur Qariow ODCr ro- ing into the bed room ig Ihe da> tiinr wlten Mri. Hall t««'< Dirk in bed;— afce bad not bet>D ■f that nioriiiii|;,and be reniaincd there about an hour; the wiinesn could not say whether the door whs shot or not ; she ak j knew that the dft' iidaiii had given a goldeo nerklare to Mrs. Hall ; she saw him throw it up lo ber at th« window, and heard hint toll her to wear tt for liissake ; in throwing uf it nu it t'eii down, and Mis. Hall wegt out aif* picket^ it up.— Vituess had also a knowltd^e ol Mrs. Hall's visits to the dvlenilaut, diiiguised in her dies* in till- eteiiing; Mr». Mall letuin***) home be- twreii lOaiid U o'clock, evidently m Uqnor; ker dress wm niuddy aass gave the s^iue account as her hasbar.d did, relaiivu to wh4t Mis. Hall said about Major iM'Colla.) •Site reiueiiibicred once going oui, when .^he left ftlri. Hall at home very well ; but on l)t:r le- turn was let into tbe house by the defemtaut at tbe back dioor, who told her, her misircu wa* Vnweil I tlie witness VYent up stairs,^ aud found Mrs. Hall wrapped cf in a boat cloak a^id ina •tateof iutoxiCi^ii.>u. Dnnng tlic time she livedat the plaiiitilf's.h^ seemed as atbeiitive, good, and aflectioiiate husband ; his conduct in the regulaiiou of his family was most order- ly, the house was shut uu ait 10 o'clock, when tUey went to bed ^ but during the defendant's visits whilst the plaintiff was in the capl i the kou«e wa» xvnietinies kept open till U o'ciocl(, and drinking goinp on. On her Cross Examination, she stated that the always tliopghi the flalniit) and bis wife lived Ii2!>i!^' tn±fp*K^r WitT^^^cs mn-.Ws^r-t^^ aaeing Mr.Oniacke once call there, and of bar- ing given bin pen aud pa|>er to write a note, ku 4i4 Mt raaMatbcx kit M^uaiating t«r of *>cr to deliver tbe note to Mn. Hall. Sbsncr* •r saw Major Rsrrow take anv liberties wlA the PiaiDiifTi wife. The reason she 4id osl give so full a detail of eveiv thiitg slw kn«ir relative tu this atf.iir, when she was before IM Magittr-ite was, beoau^ie !itie was In hoiie Mr* and Mrs. Hall would come togeiiirr aKaiS* Witness lived at Mr. Haverstock's, butaner had any conversation with hini alM>at iltC btui« ness, orwith Mr. Hall coiirerninK what sh% shoutil say. On the day Mrs. Hall wool out la disgaise, it was about s'ven oMock m ib* evening, and she was Ci rtain i>he wore a larg* clu»k and lur rap beiou(ing lo Ihe PlaMit>if. 1 bin cirruinstance w ^s so sioKular that the wil> ne«* went out purposely lo watch litr.tiid sli* saw her distinctly gn' into Major BarrowV hoi.si ; Mrs. Hall was in th<' kabit of raakinf patties for the defandani's rhildien, an>i bcr husband used to take them Hrromp«i)i< d wiik a note, the con tea is uC wb cb she waa perfectly unacquainted with.; the defend- am sometimes used to s|np there till Ittez and on the night when Mrs Hall was wrai aitted an error, it is «tnerior ariMing in tbi* CtHifideuc« »ltf had reposed in the (ilaintitf'. If a«y miiifortuae.o have brfallen her, they are at> trik>Ntabie to the coHiidenoe she has pUrcd in tkat man.wbo now romcs forward, the (useac- enter ofherrbaracter and repiiiatioa;hut,gen< tiemen, when you find the witiieNse* railed in this casr,rorroboraiinK each other in the elo- ■est ininutia? all coniing truiu (he koiue den ; orben >od find all lhe>e pointed circunisiances, need i appeal to your consciences, and day, tbjtyjQ will damn the rbsriacter and honour of ■ HritLihotiicdr, and I'efame the character ot'a virtuous fenialf:. If, K(^ntlLuieu,lhe defend- ant bad ^nne into !lie house of Ins fr>end,aDd iriolated tbe €ha»lity of » virtuous wonMu — Cud forbid I sboiild stand here the advocate of such a man. I know it, I say I know it, to be a tnimpi up «t'>ry. it i!>adnty of yours to view and to make yoursrlves ac(|uainted with the charactei of lli<- pbiniiif, l>ecaii»e he has thrown it in the public scale to weig.i a- gainst thiit of the defc>ndant ; but when you •liall have heard the witnesst'i for the defence^ it will appear clear to yon that hii honour has been sullit'd Ity tbe perfidy of th« pla ntitf.— Tbe defendant, grntlemen, hus Uoi.uuiably served his country for hve and twc>niy years, in various countries and in various climes; hiiswurd ha:> often been drav.n in defence of bis countries ri||;ht!!, and as oltcn returned into ita sheath as nntainisihed and pi^re as his rha- nrter now stands. He euleied at an eaily perioii of life into (he army, and has mainiuin- «d the character of a ^ood in»n and a brave •oldier; not of one capable of wionging the alieciioMs of aiiotber. Ihe Counsel in the openint; began with telling you that tb« plaint'lf was an Knglinh- mtn. It hmkIu be .«o ; bntii will be pruvid to you, tbtti he wa« a man wiiliunt chaiacter, iuiroiir, or faith ; and one who, nut cputent *»ith uamniiiK the fOid churacter of the de- fendant, seems to be ainiint; tu damn the cha- racter of that niifui tiiiiatc temale to whom he in allied ; and fromallilie ciicuiar'ances that xill be proved tovou, 1 coitoncftlie plaiuiili' is not th'^t char.'Clor to Ahum exemplary damaf^es should btrxiven. I >'ay, gentlemen, wh n a man conies to i>eek damages of this kind, he must possvs.'i iliaracler him.'^elf iu Older to obtain litem. Kiit if we siiow ititit he «ent on In one continnai round uf hnitality towards his w It*', that he even roi!iiteiianced the degradation he. nov set^ foi ill, you cannot Ihcii i-ay he lias received any domes'ic injury. t>hould you e\t:n bejiete Irs trnnipt up xiuiy, vrcii: it necessary, we could produce his com- |i«-iioDit Hi arms to say tliat the difendant wa^i ti'jt the man which he had been rcpiesientcd. fliis there I would ask Ixen anv one prnof iii"- foidid, ibai can f-r made a ciimpUInt ?- has it been shown (hat the pkiiutiif ever discmnteiiaiiced tins tian>uction ?-- it has not. \V an the pr connection with a person wImi also lived with the plaintit), and on whom the pUinlitf relied to tnuke out bis cai-e. [The learned Counsel then commented on the evidence ot Mrs. Auson with much warmth, and evidently wilb a great dt giee of aniitralion, occasional- ly sinking his voice to so luw a pilch that it was impoksible to catch coriectly tbe connec- tion of his sentences ; he however distinctly declared she was a woman whom he must call an abandoned one.] Ha* she not, said he, made a difi'crent relation brl'oie a magi.strutc, thai> wba: she has here ; and yon ou^ht to observe, tliat Mr. Liddel very piopeily asked herifshe had related all that she knew, and she replied that she had, I repeat when you see all the evidence coming from the same den, living under the fame roof, telling exactly the same story, it is subject to suspicion, and reqnirts your utmost discernment. If, cenllemen, we prove by the very mother of Mr». Hall, that the plaintit) almost iininediaiely after his uiariiaee began his brutality towards bis wife; will you I say credit the (estimony of a womau who has forgotten her own cliastity ?— a wo« mau who it is cuniessed acted as a spy upon iliK very person to whom she was so greatly indebted. When you estimate the character of Mrs. Fhalaii iu one scale, and Ihe charac- ter of this al iidoned woman in the other, r«n you have a iioubton your minds to which yoa are to give credit. Now, gentlemen, look at the conduct of the pi .ibtitf. The very manner in which lie "ces a'lout the streets to collect Ins witnesses ; the very manner in which be sits here, calling upon you for damages, bespeak the motives of his htait. Yun have heard much said about the defendant going into Mis, Hall's bed-room. — H<. went, gentlemen, into the room tree from any guilty motive— he went into it with feel- ings of innocence aiidof virtue— lie went mere- ly loeni^iiireatler the ladyV i:c:i'ih, und fur no o'.lier purpose ; und aie you upon that mere ciicnuistance to .say, that some guilty connec- tion look place f— t'eiiHiiily not. I v«a« abai^duned ei>oiigh to make such an accusation upon tucb an occasion. The nrxt evidence tbey called was Major M'Oolla, wlio it st-ema knew nothing about the business. Withras- pect to the ladder stoiy he had seen ihebomie where Mr. Hall lived, and he could from his own knowledge say there wasnu need o I a ladder to get into the windows, because they were extremely low, not more than three or four feet flora the gioiind. Could Mrs, Hall, gwitlemen, appear before you slrJ would tell you that Major MH^olla never time iheie, ImiI . _ .1 „ tba voustablM were aoming ; and to advitie II Ifcr totAkerar«o(tlielitil« «rrrk of property slif l.»d lcpi tliat toi- 2o«t< il bf-AT me uut in the roiiL'l>i:>iui), bt^aiise tLeiit'M (tay Mrs. Hall <>i«l ko aiul put ilifiu under llie cave of Mro, Woolloid. Nest, fvniirii:en,tiii?i voiii aticniion to Haver«to<-k's < vi ilic f-iiiiie he infertrd. 1 know the houi>e Mr. HMVf'r»iock occu|'i'5, ii i>> so »iniaied that 1 d?ty any one to sre fium hi» wii)(tuw», what be liMM heie lelated. It wuti a piiy H2ver>tt)(-k. bad not betH better enijilo>eil, than pi>"'i» into tlie atlaiis ut bi^ ii< Igbbi 'U8. 'llieditend' unt itorsnut deny tbailit- vsi'tii lolhe plaiiit'tlV; be wint there with the appiobuticn ul the Pitiintitf ; be went Iluit-Hita friend t«> ashi>t liini ill the hour of liis distress ; he vient il'tre M'lth every .■•I'HvU of honour in his bre»iy ciic-iiiuManee Ibai baa been related about pulling dutAn the blind, oiiniii- a<(d only lioni iIiom inodesit n!oti\es Mhi'h any lHd\ iiiii,hi pos.«e!^'■, v hen hitiina ex|ion:«l at a vsindow. la linuian nature arrived at thatrMeni ilml the ffinale rbaracier U'U.M be vtatehol iiiitl .>|>ird into, a^ she sits at the win- dut* of hi r own house ; anil let meuskyouif yutie ■ »he IS ddanx'd by bh ali^iitdoiikd wi'iTieu, ibat theevideuce ariftiug from those ciienniiiauces ou<;bt to ha\e any weight t»iih >oii. I con- tend, (ieoiUincn, that ny no one evideiice «bi<'.b bas been brought ioiward iliis day. the Ahtliiest proof of ciiminality bait been proved. Now the next s*ilin.s> was Law- lence the gardei.cr. Does not ail that took plaee iu the itaidiu, >brw i.'iat ihi- (>laint I) and deieiidanl veie upon teini.s of the uiN.st Iritndly intimacy. All that he bad pioved is tliat the blinds were devn at eeitam honrs. M'fu ihi» I a»k you, GeBtUineu, Mitficieiit giotiudii upon vhich to obtain damait^es.—- 'Jhe next ( videiire in thiit diabolical plot, is Biiim .Mnuve, wlio seems to l.e nnder the tfi- tiuuofthe plaintiri. tSlie iindert<be haiitiated fl will tell you,Gentlemec], what bis roudnct was wlieii he ietuined froiM gaol -he treated h<'r with every di.sieiipecl— lie b»at her, and abused Iiei (and we will show that b«'foie iheutltnd- ant ever knew Mrs. tiall, ^he had beeiistpai- atrd from Mr.Hall, ami bad told the Uev. Mr. Cray that she nivtr could live with biin be- ca'j8e he U!re what can yon think of the evidence produced by tbe plaintitf. M l > e% Cientlemen, voii tiud the koif, ih* Uepiatiueat tut w&ii in, «:uu it* bs thai man who can ask from yoo his Terdlctf 1 say he doe»> not. On r Defence i» a droial of what yoiibnve Iteard, and we willeudeav* our to show by their own answers and their own coui'uct, that they aie niMleseivioK of si'i'dii. Vt'Len yi'ti find t)ioii whom Nowtiav been told he is. Ha went to tbc biidse »: tbe (fiamtifi at ihe refjneat of tbe btisband hiiuselt, to ofiei eonsolatioM and kiiidiies.s. It will be proved to )oii that on one occasion ^he plaiutitt knocked his wifo down on tbe tlrcr, and left hei tkeie biteding; aiir with a icieat defie» of biiitaliiy. '1 be tiist wimess 1 have to call I am iiisiiticied to »ay will prove this. If w« show tliat the jilaiutit) is a man who has couD- t'liaiiced the dishonour of bis wife, even bad ilie dt-fVndaut had ciiniinal conversation with lici, I feel confident in that case >ou will quit that box without ;^iving one tarihingdamaeet. We will satisfy you thai uotwiihstauding this biiiiul conduct of the plaiuiiti't, that Airs. Hall tif.er tbe sr-paiatioi), listened to leason, and Ui the peisuasiou ot tbe Uev. Mr. Gray she letniiied to bun again ; but what did ha (lofwhv he renewed bi!> usual brutality tO> V'iids litr, and coniinued to ill treat her aa he bad done hetoie. 1 be next witness I will produce Will .show that the plaintitf and bia wile (lid i.ot live tugctlifr in that doinestio stale of ha|>|iiiiess which had been represeot* ed,— ><>',(iciiileinen, be did not know bowl* ti'e ler. We will prove to you that the plaintit) at liiK ( ilice had a contidence repoi^ed in hioi, that be tiieic foigot hiiiiself,— ilieie lost hit' chaiaci rand rrpuiaiion,— ihal he v\a.s tam- ed bill tor peculation— lor robbing ihat Gov> einnieiit utiu paid him liberally. Hr enjoy* ed ihtieaH ii.come lioni .i4U'.) to diOu a year. AVe will ^bow by Major Blair iliat the plaintiti is witboiii any kind nf thaiarter. It in in > aiii to say that a man w ho can be so dis- hone.'.i, could po.shcss iliose ftelinKs which can only be felt by a viiiiious and lii/nest niind. [the lc»rntd Goun U)« jilauitib LuutbU to thi* t « »«rtier of Mn. HtlJ at Anmp*1», that he bU long kDown of the iDtiraacy existing between Sm. Hall aod thr. (irfendiuit. Ye», Gealle- ■■HI, ia «ii^t letter he has luckilv i;om too Hr «ekify for the defendant indeed, for it ap.' P«an M if Pr«vi«ience had interpMed to es. Ewe hh iofamy. He not oniy mts ia that tter that be knew it, hot even ths he coun- toranc. d if. If then, Ofnilmen, tfaey bad 6BCD j-augbt in the very ict of K«iU itself, it »onld bav« heeii irnpoisible for you to have fiveu dam4gc8 1« a man, Kuilty of rounten- ■ncniK his own d-jhonear. If »;« »how to J-n timt A^ {viaintiSij the maa that has laid thi'" tiap, yon will be *ati-fied it is he who is the most guilty person. Had Mrs. Hall bad thiit crim!n>lcouv2r*atiau jon have heard of, jM»u C'tuld not nnder tbsge circumnaiieea fivea .» dawaies. Where ii I ask the do. ■lesiK- happiite,: he lias Ion, when he eoan- teH«nced the di conld notrecAverasliilliR^, hecaase be bad noc lost anv thing. He could net say O'- haMe4 any. Thr plaintiff was not •ware in what light liisthararter will appear, •r he wi*uld never have shtwo bis fact in the Court this day. Yon have ao doul>» Gfntle- ■ten pai))led for the evening— that she waa fre.eiiUid fri.-. doing «.. by Mr. Hall, and in Con»rq«eace CMne liouie in an ill humour and ««»nplained to her,and that she on this occasion dookhtr dant;„ler*s jmrt. (he first commence- :ttciitot HIS bad <'oirduct toward* her was evinc- Mlhyuiinf the must s!:!!:!v:- t^nir-.-ss^ =si.-. i^ Mhout 8 year after their mrriagc he began to ui If t.-eat her; this waa long before the defendant «r. •ited them. When Mrs.HaU left her husband'a bouse, witness went to the Rev. Mr. Gray and suted the uufortunaie difference between Mr. Hall and bis wi.'e ; and the Reverend Gentle, nan urged a reconciliation, and effected it.— Mrs. Phalan went en to state.thal one S uday, when she went up stairs to call the plaintiff out of bed, she hear-t screams, and tmntediate* ly burst open the door of the room ; that slia there saw Mrs. Hall standinc io one corner, and the plaintid' in an a'titude as if he meaat to strike her: Mrs. Hall burst into te«is,aud eaid, " Mamma, indeed I am not to blawe."— . Mr.Hallwasina violent rage; and he request* ed his wife to beg hi« pardon ; and the witness toH her whether she wr.j wrong or not she had better do it. Shv beat the knee, and asked his pardon ; bat before she roe he struck her a blow on th« stonacli, and ilien dragged her by the hair. The plaintitt inh:s rage broke the looking glass and tbe w«sh-haud bason ; be afterwards with a whip atifnpled to strika her ; lie tiMik np the u.% cups and da; king laiii;iiage.] The w.tness replied, Mrs. HaU was of a hang.'ity temper.aiu) in'ght have said somethi.igto incite his anger. Mrt.. Phalan con- tinued to stale, that these ciiciimstances toak p^e before Major Barrow hecaine acquaint ed with the fiamily ; Khe always bel.eved 'h* plaintiffto bfof a jealous disi«!iiiion; it -.vauld toe iwa years iie»t month Kitica wiUies* left tu« plaintiir.1 home, Oii account of his bad con- duct towa> ds his wife ^ during; the la-t w.nter. wben she was at Anua^iulis, she received two letters from the |»laini;ff, wliirh she had h;.Phalan stated that Mr. riail alljweo i;is wti'v.- ^ %i per aoa. to find her clothes and pocket money, and that it w*s reifularly paid to her every quarter by one of his tenants. JOie admitted that Mrv Hrdi waa rather of an irritable disposition, and frequently hnd occasion to check heir temper before their carriage.— During the last summer slie wrote to Mrs. Hall reijiest. ingtier Io come and reside with ber. When Mrs. Hall was ia the conntrv, she kept np a corrcspondtiiee with her 'hnkba'-d ; she had read some of the letters tiMl passed be- twee- Aeir,and theyhisathed tbt^ langua(;« of tion. When Mrs. Hail w*nt back to hei -.usband, she was eitrem«ly happy at the roconcilia'.iou ; hut she had dwx beard coat- plaints from Mrs. Hall. .,.?"**" Kennetfy said sim livdd with tfeephun- :::: ssijuare niau a>u»i:ii|jiii aiKjut ihree years ago ; she never saw uy tMag •f «■ cuiaypy !fi IS tfMcoc; brtwren (ben, vxetyt tfemt wkMibe vu (tfing Dp tok>«d oae night, Mr.HaU called ker into the room, and 'tbc found biatpriok- koc water lu Mrn. Hull's lace; tke plaiottff told her M ri. Hall had bad a fit ; and ttmt was all site knew abaut it.—fa lat4[hj Mi». Hall k*d iutormed her tliat tbc pULstiff ill trta(e4 ker : but the arver raw any thing ei tke ktitd. Mr. A. H. Hollaud siatvd b« loiuierly rMtd- •d in part of the saoie koute in wkicb tke tolaiatitt and bu wife were mairiea, ud kad ki-ard very ahuuve iauguage by sowe «■« ii>- •ide ; but be never went in ■, tbia was in tlta ye»r 1814orthe kegtuniiigot IHIS; liethoufk» or two beture Mr. Hai\ wap released. ke could ditliogaish fram tbe rett the vuict af M^jor EUwaid Pnrdi-n bad a taint i eonvrrsattOn tknt HaJ ffrrfHMiT ta&MT p%r«. Tbp Defeiidaut also aaid be kad ligr.td a :iaU' bonil ; aad afierwardit called npoul^, nw' ea« pres»ad a itrong desire toobtaiatke liberatLaa of the plaintiff On kt« cro. curred a 4a|r |]ie pidiotiff. Oitbitcrottexaioiiiatiot], he declared tkat be did nut kuow any tkiug about tbua tor Ike last two ja»ri. _ _ Hev. Mr. Gray relatrd tkat he waa called •pon by Mn. i'baUu, to nitdiate a rrr.oucilia- lion betweeu Mr. iAall und bis wile after taeir •r]>aiatioui and ke was foriuitate enough to prevail upon Mrx. Hall to return bmiut. He n«rc«ivao«ittva ; be made a mtiuorauduat of tke rircuiiv>*aiic« upon some letters received bv Mrs. I'halao froui tbe plaiutitf. wlikb Mrs. t'halaa desired bin) to keep, becaune they coulamed exprcf »io-,rofcontriti«« towards bis wife ; Je how- aver had returned tb«n> to Mrs. I'halau about ttisonaontli'Bgo. Mr, Jo'jn Howp,jun, stated, that sooa after tke plaintiff came out ot gaol, be kad a coover. satiou witlibiiu on tLe subjec: of tliedetend* ant's lotimacy with Mrs.Hallj audbr ackuow ledgtd thut he was aware of t; but that for viie sake of peace and quictncM be would not say any thing about it. H« did not under- stand ttiat thf (daiutitf considered the intimacy in that light »* one of a c> imiual natiirf. Major James Blair d< po«t d that lie was Bar- rack Master General at tbii place, and that tbe plaintitf was in that drpartnient as 1st rlerL i he lud no complaiuts to make against tbe plaiutili' whilst be was in that •Itiiatioo. — Mii general character seemed to be that of a very mildmiiu. Major MlkwcU had known the defendant a- bout 2-'i years.who stood bigb in cbaracteraud e.stim:itiou both as an officer and a gentleman. He was f>»r from thinking M-jor Barrow was • man tkat w uld do an act of the kiud he wlsint was a mau of gal- lantry ; nor did be kiiow he was ever married, lite Ueleudttut had two rUildreo. Mr. R. J. Uuiacke, Jaur. being twora, re- lated that last winter after the plaintiM was ia caol, be received a note from him, slating that be ';iit.bed tosce bim^and be eomalicd with hia request. Tl.« plaiutitF stated to bai bis 4iAcul- ties^od also tkat he was dasiicus of seeing hi; wife. He caiirti ut>VU uiii. isaii, mra ivhmA tbe defendant tiiere. Mi^or Uarrow told kin, "bt wu fla^ be had trrlved, tutd reUtt^ tbe leeollec* tioa oV tbr Flaiutift' ankiug from i be defendaa* tkvloaa of4sborsP, but whcibei for hiamelfof Mrs. Hall be crnld i>«t say . He had seen tke plaiutiff ^«d defendant often itt conversation f and abeui 6 meuikt ago be met i4.e deieadaal MdMr8. Hail riding oat together. .\ lew liayif aftcrwtids he told .Major Barrow in aioculaf ■ii>nner sbe was a fioe and kandsoae woman ; »-jd the drfendaat repUrd,-" .<>be wa* as geo4 ■s she wa« baudM»iiie, and kind to hit children.* He tbengbt the ol>«ervation rather remarkable. On kiscress-examinalion, be said the reaioa ke Ikougkt it singular wae, because be saw bin with a Aiie bamlsoine woman. Kr kad beea et the Platutiff^K house, bat never saw any tbiug improper there. He recollected one dnV wkea tbe weather was very hot, tbe plaintiB and bis wife were patsing his residence, and be called thim in, olierf^ ihtm a gla*s of wine ; which tbey did him tke Itonoar to take. TItejr appeaiee pun'udKueut of persons guil- ty of tike offe. «o here charged has been differ- «nt in different countries. The common law of England gives to (he husband kis action for damages ; in a moral point of view it considers tlic marriage vow, wttb all its solemnities, as liic most sacved that can be entered into, and lu f Iclatiou by the p* i-suu who has taken it up- on him a must dc«dly sin. The learued i'.oua- scl for tke delendaat kat assi.med a differ- ence ia the case of Mejor Barrow from tkat of a married man. Our law does make a skade of difference wkick I wiH state ; and tke Defendant may take tke advantage of it, if he tbinkt it will make in bii favour. Tbe lliaiitcu |rviavti ta c«>ts*i«ric%i im m uiii9mi pt>iMi of view to be geilty of perjnry, and tke nnaar- . ried «r MbMMtiM M fcijvy ; • vim* »9t \ i ':^S^;' '^i;Km. u iviice 01 ^ iriai t>v Jiirv. la thf> nnwpi- titau ..ni. Vfo,:.- lu.n. .ii..-. ...u. . . . -. - - ... — _ ^.'>.....^u>c„, IMC pci-uiinr rxccH lenceof 'i trial hy Jury, is the powenliey |>o». •ew ofiofestiRa.itiK evidence. We areiiotcall- •diipon to brinK berore >oitriireciaiidpo«i>ive •vidfiireoi thefarl- chained, wliicJia tribmial •therwUe ronxtitiited inii(lit require ; but yoii may from a chain of circumstaiiiial evidence tp«-ak with equal certainty Tliere are differ- ent degrees of evidencf. from df..ioiistration down 10 probability an a likeness, and even to the confines of pMsibUity itsejf ; and there are different arts of the mind, occasioned by thos« aiffereot degrees of evidence, from fiilla«l inlormi ;hein that Major M'Coila had come in the night to deliver her a note, to infuim her iht constables were likely to break l«to the lious". If there had been irathing effo c use of the .- t:^:- ..asinc;; ^i i^iViiiif au «cconiit,anii afaUe accumit otjt : iheUefend- MUHio-s, that M«. H* did nn ny it was Major M'Collris who l>rouglit the note, and that they knew the person who use^i the lad. der ; then let me ask, why do tliey no; pro- dace him ? For it is in their power if ifi ir taU is true ; and if they did produce him, then tb« whole evidence built upon lliis circumstauco falls to the gr.iiinJ;— but lie cones not, and it renaiiis a charge" of no ordinary couipiexioa against the l>et^-iidant ; little dij he .nppojs that his tiMck would he thus traced : lie bar. gained not for the snow of the ni^tt in whit h his crooked path vyas exposed, and evidenc* thereby afforded of hi< ijuil; ! The next thin,'» to wuich I sLtll call your attention is \if Jisgniir. Anson tells you that Mrs. Hall iiiturmed him she wasg'jiiit; to drink tea with Mrs.Cleary,and rcquesie'l him to ac rom,.nny her ; the evening was dark, and Mra Hall sellles forth with her faiihiul s«-rvaat ; but, Genileraeii, ieinemb»r tlie atnre ; sh^ waa in di-guise ; an extraordinary cap and cloait make up her dress— ({uii« a new rig ce. lainly for a tea (.any !— she lakes Anson wiih her a great part of the way.and dismisses hiiii,sayiug that she t.aii perform the rest of the jo;irney by herself. Gintlenieii, Anson leaves her ; bur, hivinir o( casioii lo turn into airotlter house Soon after, he saw Ins m'»fi es? pop into the house ot .Vtajor Ujrrow ! lie tcils you hon- estly he could iiDt see who opeiiej the door^ nor could it be possible he shottid, if the person stood hehmd it, as was likely to be the case ; hut there >he remained until 10 o'ciock, Irea as she must have supposed from all saspi'oiou, having dee< ived Aiisou by taking him part of the way to Mrs. Cleary's. I shall not, Gintlc - men, pour onl a toire.it of abuse upon Major Bnrrow, as Ins compel h «s done upon the head of i.oor Mr. Hal ; I shall speak within the evidence given iu ib-; cause, which Heaven knows is bail enough. Let me now turn >oii»- ittcntion to the evidence respectin'j the rum. It is proved thai the .Major bi ought liquor with him ; we do not see h lu and .Mrs, Hall actually dirinkiu;;, but we »ind them wiih glasa- es, hoi wale' and sugir ; and if you i!a:i pre- sume thi'y spent their cveuiugs diiiikiiig hoi ' '■■"" if «vater,say soi but I imagine you will think du- f • rently ; and at a future stale of the evidence I shall point out to you, that whatever ih« Majt>r dr.ak, Mrs. Hall took something nioi« poient. Gentlemen, the .Sunday's note, tile lenirn of th- "giey horse" in the teanirbwi, whi<;h was discovered by Mis. Hall by IK4 help of a glass, and reporte.l to the Major, all prove to )ou that the hiisliand was carefully watthed by the wife and her adulterous com- panion ; of this man's evidem e c in you doubu he has nothiiiif to expect from the Plaintitf, but as a soldi-r his expectatioi: would mora likely be from th; other quarter. Gentlemen, doubt bim not ; he has told you the tratb, and let lis see how he is snppoi ted by the testiiua- njr oi' the other witnesses. Mrs. Harrison lived in the house of Mr. Mall, and confirms th« evideace ofAu^on as to tha visits ofMi^or Bur- row to Mrs. Hall; she tells you diat Mrs Hall uesireo-iteroae oiorutug to deny hor to every one who called, shi- not being drossc^, tctm (• Miiior tianom .'--thus making diitinctigm b* tHrteft him and all othrr mprt ; shortly afler the M ijor appeaied.aad IVIi'tt. HaniMn, a* de- siivd, naid iV'irg. Had wa« not at h«nie ; this the Ma}or «Jid tM believe, but entered, and trivped >ip ittair&, whnre he t'ound Mm. Hall ia liri nigfit g'twn, and appeared mncli pleas- ed on the occanion ; thix, Hay» he — ^ is the firitt time I have cau)(ht yoH in yoiv. bed-go\»n'' — Mr*. Hall i* not oti'ended, but raake« auswcr — * Very well. Major, if yoii will come so early, you munt take me t«r better tor worne." — GeHtlemen, in some coan(rir<< this would a- nouiit to a complete contract of marria^ ; — then see how Major Harrow avoids ih^ ■"%^\t of Mr. Hatl. Why tbotilu he lie afraid to sre the hnsbaad, whilf he pretend:* that a friend- chip for him led him to iiis huii^e f Mrs. Har> rison tells »*, that uii one occitsion Mr. Hall Came hoiu* upon this fatal " grey horse" dar- ing one of Hie Major's visits and his servant not b in;* la the way, Mr. Hall rod<» to the stable to pnt u;> the horse : the Major was seen when the horse came' to the door, and strange to say disappearecS l-,e!ore Mr. Hall retitrned from th« stable ; what itecame of him no one can teli ; be did not dissolve in air, for he is now here ia a bodily .xliape* no one saw liimgaotit;hemnsihaveiiioppeil lhroni;h some trap-door, or sunk beneath a so.'a'.— but so it was, h« was seen no more. The ueKt witne,** is Mr. HavergtocV, a man well known to you and worthy of credit ; and he relates what he saw.— He telh you he was for many years a watclimau in the ].).i>:k-yard, and his curiosity ltd him to vnlek the movc- mi'Dls of this couple, wlio had engrossed the ativiitionofthat part of the town, and wonder- fni sifthls he saw : he ttlhthat Maj m Barn>w's hours werekepta-i aconi:terptti t to Mr. Hull's; when Mr. Hall Wfnt to his oihce, Major Bar- row mounted guard at hi't hoiist-, and rilled iliu vacancy until h>s return. Mr. Haverstock on oue occasion took Wn^ stand at a window in hisownhoii^e,whii'li wits nearly opposite to Mr. Mall's, and looking into a room he saw the Ma- jor and Mrs. Hall each sittin;; at h window; tiie Msjursat with unOUisliint; front befure liis window, while Mis. Mall, an the d< lendant's '(Counsel tells you, m a modest woman, sat be- hind the bliud ; but Haverstor'' tells yon that he 9a .? Mrs. Hall pnt up tlu- blind,apd pnt her bfad out of the window, and after looking up and downilip. stcect slie drew in her hea, oo tkatpaitof th« UcAsndaat's cga. 15 dnctin rhlch h* threateficiftoiiie W» twaWl npoi. the Plainlid, and upon Iba^ pirt of ih« evidence of Mrs. Anson, which relai><-d to tM rum brought by defendant, and to the h>toal« cation of Mrs. Halt: this, said he, I consMtV the blackest feature iu the defendants's ««•• duct; was it necesgary, after all the opportani* ties afforded hira by tl'ic wife of the plaintifi^ta seduce her from her husband, that he shocM have recourse to the vile expedient of in ionc»> tioiijlhai he should call to his aid iliatdialMtictl liquor which had sw>.'pt so many of the ^il> dren ol men to destruction,— that by means of ardent Apiiits he should fire her blood, and to* flame her unchaste desires and vicions propea* silies, thi: )-lf. — I shall now tntii your attention, Gentlemen, W the defence. 1 have heard with astonishment the addrta* of thtt learned Counsel for the defendant ; it was beyond my reach anu comprehension, aii4 embraced matter of defence which I never should have thongtit of for e 'dement ; pemit me to rati your arteotioa j tbe true gronwit of mitigation of damages in such a case as thn. If thedefeiidant could prove that the hiisbaad actecl a brut'\l and cruel part to his wile, an4 wa". by such conduct the cause jf driving her into a vicious course of livmg, the law woiU4 not ullow him to reip tlie bi-uctit which might arise in a pecuniary way from his own impro. priety ; oi if the hnst»and (lirew his wife in tb« way of the defendant, and assisted in sediinn^ faun intoavicioHscuurseof life with her,ihelaw will not allow him f) avail hiiuseif of tiiis coi^ dnct ; orif th-? husiMiid knew of the wife's ioflL ble temper, the most insiiltiiig pair that ever the malice of Hymen coupled, what right hat a stranger to intermeddle? Is Major Barrow theinan a'lthorized to inqniie into the slats of domc>!tic alfalrs;aiid wherever be hear* of a quarrel, is he to st<'p ru and t

bind a pair of horns to enable him t» subdue a rettellions wife? Geiitlenifn, it h too absurd. If tins conple lived at first not quite so happily, owing (o a war'U temper o* both side-i, is there no time for re(rentance t» beallowed? It is in evidence tbat tor ! tatat* so much the appaaraure of intoxication. t« 9tbaenik.inen,but will be pretend to say that soirow ibe most profoun.l, ever •lade a man or a wowen give out such a smell ffnim, as the witness has described caoM from tiii^ poor women. No Qentlernen, it was real, bunatide iatoiication— she wts to • certainty drouk ; the Major's warm Wa- Icrsc^neai'J the bason I shall pa.is over in •ilrnce, but yon will now br'ievc, there was « more powerfnl agent employed ib«a hot *fcter. The next morning; as might be ex- p»*Med the good lady kept her bed ; the Migor e»m<- into the rpom and a.iked for Mrs. Hall •rto si'Oke to him fren **>» brd-room, and in tke Miijor went ; the witness retired, aud he Stayed wiib her mistreas f«»an hour. J'be lajor insists upon it that he was eqi^)ped for par-.de at ibis time, that ke bad bis sword jnd croi» belt on ; but the wituess telb yon be had a plain blue coat and round bat wtuch js > much more likely slory.— He needed no itm", for the fort had surrendered, You are told by tbe defendaui's Counsel that Mrs. Hail was very s'ck, that she had eaten no brrakfast that day ; but Gentleman it was not a sickness ■nto death ; after the Major's visit »he arose •ad went through tbe house ai usual. His ;^« '**»esu»l to a breakfast, awl she revived. S** S*"^*"**" **•*• business bad lis with Mrs. Halt sick or well, be was not tbe lamily |>hyMCian : perhaps be called to ascertain bow tbe dfjc be bad given tier the niKht before bad operated ;— such conduct Gfinlemeu would •are brought dowu suspicion not only upon a B^aaofgaUautry, bat even upon a man mid- . :e buoaslf »a oeit witim|ii«t im«r Maxwell, he waa caRe^ to the g«Mrai chtrae«»t ef «« defendant ; and with that we have nothing ti» do. I donbt not lie is a brave mar. and has done his dnty as a soldier; bat theintentioa*! the defendant m calling M^or Maxwell wee to prove that e Was not a masi of gallaolry { but a man only capable ot cotfl plauwic affec- tions—but tbe rOveme U*atle«ea baa cosm out upon tbe examination. Platonic adeeiioa hiis l>een deJined to be tbe art of Bakit'g love XJi'ioir makinf; cbihlren but it appeared that tbe Major did not belong to that class for ha bad children, although lie had no wife. Tha hiatiied Counsel than concluded one ef tha nio#f interesting addresses to a Jury that waa ever beard, with x general review of ihe casa of the plaintiff in as siroug |ioints, and the fail, nreof the defence in the parts the defendant rciied on ; remiuding ibejsiry iu tbe most em. phatie manner thai ih<«ir verdict would cither raise up an injured man to his former st^uidioa •h.* i> u ^;«;«..i. . TT- ^ u J ■"•"r»--'""'f raite up an injured man to his former st^uidina ttatit is difficul. to di«tiag.-.sb ibe one trom the in the community, or Hnally nrostiaie him »T ♦tb.r;-beit«oaen.le.men.butwillUei,reteiid li. fe.r «.• M.ii^'»."f/P "''''*' ""■ *» tbe feet of Majo> Barrow lor ever. Tb« Hon. Judge iitewart then addressed tlia Jury with hu usaal perspicuity and loriect. ne»«. He travelled through the labyrinth of testimony that had been bioagfai forward on both sides of tbe question^iiDil drew as he went along Kuih inference as tbe ■ .re of the evi- dence appeared to warrant, n wa^'a/d he, in general from the kiad of evidence they bad b-ard this day.tbat Jurors sitting on a case lika the present were enabled to form theis verdict. He pointed out in the clearest end strongest point of view the chain of connected circnm- staocea, which had been corroborated by thci different, witnessc:i,aud descanted on the usimr of tbe »py-gla«s ; en ike frequency and tbe hour of (he defendant's visits; ou his entering the bed room of Mrs. Hall ;oa Ihe present of tha n.cklac*4 on the story of the iidder job bar Signing ill ithedisguise^aoil her state of inioa- icaiion. From all these ciicuoistanccshe could com* to no other cosicliision than that tbe defen- aant was guilty j lnu it was for theiu to cuasi* der whether the testimouy they had heard was such as to be entitled to the proper credit.— If no doubt romaist'd ou their atinds ory circura- siances in which they beUercd the defendant was placed. At ten minutes past 10 o'clock the Jory (vf which M .HicbardMn.Esq. was foieaaa) retir- ed forabont half an hour, and apon their ie- turn delivered in their verdict for (he Piaiatiff — Damagea Few hundnd p»un4s. F- (FINW) I \ ir^'J^'i'^^f'^ rc.;t^