^OF-CAtlf s ^UlBRARYOc MAJOR HOOK's D E F E N C E, m TO THE CRIMINAL CONVERSATION, BROUGHT AGAINST HIB* CAPT. CHARLES CAMPBELL, TRIED AT WESTMINSTER, 2.6th February, 1793. LONDON! PRINTED TOR J. MURRAY, FLEET-STREET. Stack nne 5 ADVERTISEMENT. A HIS defence contains obfervations upon the teftimony of the witneffes on whofe evidence the verdift againfl me was found, and on a variety pf evidence contained in affidavits and letters, which are annexed at length in the appendix, to which the defence refers. It is thought proper likewife to annex an account of the trial taken in fhort hand % by Mr. Blanchard, becaufe the de- fence neceiTarily refers to the trial, and cannot be ynderftood without it. DEFENCE. I T will naturally occur to the reader, that if I had had a defence by which I could have proved my innocence, I would have brought it forwards at the trial. In anfwer to this J have to fay, that moft of the material facts of which the prefent defence confifts, were contained in the inftruc- tions given to my counfel ; whether all the ob- fervations upon thefe facts contained in the fol- lowing meets occurred to them, I cannot pretend to fay. Indeed, I mould be very much furprifed if men, even of the talents which my counfel are univerfally allowed to poflefs, could embrace in the inftant everything that might occur upon mature confideration of the fubject. And I would farther remark, that although the arguments and qbfervations might not occur at once, it does not 2 follow, ( viii ) follow, therefore, that they are lefs grounded in truth, "or concluftve in reafon. No perfon can hold in higher refpedl than I do, the invaluable privilege of trial by jury. But with the mod perfect attachment and veneration for that inftitution, I may remark, that it^will happen that fome cafes might be better tried by a more deliberate mode of inquiry ; and that pre- judices will fometimes be created in the courfe of* a trial by jury, which more temperate difcuf- fions would prevent or remove. But as on the one hand, I by no means intend to infinuate-, that becaufe a few cafes may be mifguided by that form of trial, that, that is an argument againft the inftitution : fo, on the other hand, if by deli- berate inveftigation and difcuffion, I can make out my cafe, and prove my innocence, it wifl not be faid, that I am lefs intitled to the effect of a deliberate and ex trajudicialj unification. The public and my friends will not be furprifed, if in vindication of my character, fo deeply and feverely wounded by the verdict given againfl me in this action, I mould take this method of of- fering mv defence to their consideration. o J am I am impelled to this meafure by every motive which can operate upon the mind of man. r he protection J owe to the innocent and inju- red reputation of a young woman, whom I am bound by all the ties of parental affinity to fup- port under ci re um fiances of the moft afflicting ad- verfity. The tjuty of a parent to hand down his reputation unfuliied to his children, as their beft inheritance and fureft fecurity for virtue, and the regard I have for my own character, which, J am bold to fay, has been uniformly moral, pure, and upright, all induce me to make this appeal to the candour and judgement of an impartial public; and I am left, indeed, without any other means, at prefent, of vindicating myfelf, becaufe I un- der (land that the rules of law will not, in the cir-r cumftances I (land, admit of my obtaining a new trial, whatever may be the actual merits of my cafe. Before I proceed to ftate the facts and argu- ments on which I reft my innocence, I feel it in- cumbent on me moft distinctly to declare, that I flo not meat}, in what I fhall fay, to impute the flighted: blame to the ji\ry who found the verdict, p.r to the noble and learned Judge who prefided at the trial of the caufe : on the contrary, I admit b that that the obfervations made by the judge, and the verdict given by the jury, were the natural refult of the impreffions made at the time, by the pofir tive teftimony of the witnefles. But I have many obfervations to mnke which will, I trufr, upon deliberate confideration, repel thefe impreffions ; and I have many facts to ftate, fupported by affidavits, which will give a very different complexion to my cafe, infomuch, that I have no doubt of convincing the world of that innocence, which I am ready to proteft under all the fanctions which religion can impoie. It will appear from the annexed account of the trial, that the cafe opened for the plaintiff, t>y Mr. Erikine, was a cafe of deliberate feduc- tion, calculated bv a lonsr train of artful addrels. * o * well-contrived opportunities, and indecent in- citements, to make a young perion, to whom I ftood in the relation of A parent, and to whom I owed all the duties of parental affection, yieiJ to my bafe defigns upon her virtue.* The evidence produced was meant to fupport the cafe thus opened by the plaintiff's coimfel. \ppendix, p. 59, E. It It is by no means neceffary for the eftablifli- ment of guilt, of the fort in queftion, either to* jftate or prove a deliberate plan of fedudtion ; but if a fyftem of feduction is laid down as the ground- work of the crime, and is propofed to be made bflt by evidence, it is eflentially neceflary to the truth of the charge fo made, that there mould be a conformity in the evidence to the nature of the cafe propofed to be made out, and that there fhould be a coniiftency in the evidence with itfelf; and it is fair to draw this conclufion, that if the evidence eftablifhes, or aims at eftablifhing in, part, a cafe totally inconfiflent with fedudtion, opened and refled upon by the plaintiff, fuch evi- dence not only removes the ground on which the guilt is meant to be founded, but deftroys the credit due to it, both as founded on fedu&ion, and as founded on the very facts which repel the prefumption of feduction. The doctrine here laic! down cannot be more perfectly illuftrated than by the cafe whiph gave rife to the verdict under which I now fuffer. I returned from India, as has been rep re fen ted in the caufe, in the month of July, 1 788 ; I had tefided there for one and twenty years, with the exception of a vific to England of a few months b 2 in in the year 1773. Mrs. Campbell was about 18 years of age when I returned to England in 1 788, and I had never feen her from her birth but once, when an infant in arms, at Madras, where (he xv-as with her father and mother, at the time of my voyage to and from England, in 1773. She was confequently, as (he has been defcribed, an abfolute Granger to me on my arrival in Lon- don, at which time fhe was at her mother's houie ill Brook-ftreet, my refidence being at Keuiing- ton with my children. I had at that time, as appears from the open- ing of the plaintiff's cafe, but few opportunities of feeing her, for fhe went Ihortly after my ar- rival in England with her mother to Ramfgate* It is itated that I went to Ramfgate in Septem- ber,* and joined the family with an intention of taking her to Scotland, on the pretence of feeing her relations, but in reality to accomplifli the bale purpofe of feducing her from a hufband with whom flic is represented by his two brothers, Mr. Donald, and Lawrence Campbell, and the wife of the latter gentleman, to have lived in a ffote of -< perfect domeitic happinei"-. ,* Appendix, p. 59, G. H. 60, A. This is {Wy, thus told, is a confident tale, bear* ing the mark of probability. If the depraved natufe of a man, ftanding in the relation of a parent to the object of his illicit delircs, of an age nearly paffed the middle period of life, had imagined to himfelf the diabolical purpofe of feducing a girl of eighteen years of age, he might have contrived fome fuch fchemt of exclulive intercourfeand familiarity as the jour- ney of Scotland. It is moil: material to my exculpation, there* fore, to difcover how far the evidence in the caufe fupports the cafe relied upon, and flated by thtf counfel for the plaintiff. The witneiTes againfl: me fwear pofitively to als, fituations, and expreflions ; to this 1 mead to oppofe an examination of their evidence, by th laws of probability, and the evidence of witnefles contradicting their teftimony ; and Relieve I do not hazard an extraordinary poiltion, when I af* fert, that the credit due to poiitive teftimony may be overfet by the improbability of the circum- ftances, and their incompatibility with any ra- tional fyftem of belief. 3 The examination of Elizabeth Herbfon, the firfl toitnefs called to prove the fact of my guilt, was as follows : " * Q. I believe you lived a cook *' with Mrs. Frafer r A. I did. Q.^ We re you " in that capacity with her in the year 1788 ? *' A. Yes, Sir, I was. Q. Do you remember *' the family going to Ramfgate in the year i ~8S ? tc A. Yes, Sir, 1 do. Q. How long was that " after Major Hook's arrival-^ do you remember * c in what month ? A. I believe it was in July* *' Q^Mrs. Frafer went to Ramfgate? A. Yes; " Q. And Mrs. Campbell ? A. Yes. Q. Was " Major Hook there ? A. He was not. Q. He *' came there after you went ? A. Yes, he did; " Q^Where was Captain Campbell ? A. I be- " lieve at Chatham or Portfmouth. Q^ Was he *' with his regiment there ? A. 1 cannot fay; ^* How lono; were thev at Ramfsrate ? A. I be- O j O *' lieve ten weeks. Q^ Do you remember feeing " any thing particular between Mrs. Campbell and *' Major Hook ? A. Never but once, Sir, when " I went in with a bit of bread; Q. WHn you 1 " went in where ? A. To the parlour. Q^What " did you fee there ? A. I law the Major luting *' with his arm round her neck, and his right leg ** upon her lap. Q^ Did you obferve any Appendix, p. 6^. D. " thing t< thing refpedYmg her hair ?* A. Yes, Sir, her ?' hair was rolled round his arm. Q-JState what ?' you law ? A. Her hair was rolled round his f* arm, his left arm. Q. Did you obferve any f* thing farther ? A. His right hand in her handr ?' kerchief. Lord Chief J-uJiice. Q^The hand- f kerchief that covered her neck ? A. Yes, " CounfeL Q^ Did you obferve any thing elfe ? *' A. No, Sir, I did not. Q^ Do you remember ?' Major Hook's arrival at Ramfgate ? A. Yes, " Sir, I do. Q^ Did any thing particular pafs at " the time ? A. -f- Mrs. Campbell was very much 11 alarmed, and fainted away upon his coming in j " I remember that, Sir. Q^ That you remem- f her? A. Yes, Sir. Lord Chief Jufiice. Q^At ." vvhofe coming there ? A. At Major Hook's, *' the defendant's. CounfeL Q. Where did they ." return again from Ramfgate ? A. To Brook- * This was furely a leading queilion, and objeftionable in the ftrongeft degree, as it pointed precifely to the vvit- nefs what anfwer to give, which is the ground on whicU leading queftions are illegal. t Mrs. Frafer, Mrs. Campbell's mother, is now in India ; when there is the means of obtaining her tefti- mony, ihe will prove that this agitation arofe from her haying* for the purpofe of furpriiing her daughter, in- troduced my brother to her from Jamaica, fuddenly and unexpe&edly. f ftreet. ( xvi ) " ftreet. Q^ To Mrs. Frafer's ? A. Yes, to the *' houfe they came from. Q. Did they all come *' together ? A. No, I believe the Major went to *' his houfe. Q^ You returned ? A. Yes. Q. To *' Brook- ftreet, Mrs. Frafer's houfe ? A. Yes. *' Q^ Major Hook went to his own houfe ? A, " Yes. Q. What time was it you faw that at " Ramfgate you have been defcribing ? A. It '* was fome time in the morning. Q^Iu whac t' month ? A. I cannot fay. Q^You faid you **' went there in July ? A. Yes, I believe it was " about Michaelmas time. Q^How long was it 5' before you returned to town ? A. We came to ** town fome time in September. Cr of s- examined ** by Mr. Bearcroft. Q. \Vhat was your litua- i4 tion in the family ? A. A cook. Q-JVou went 4 * by order to the parlour r A. No, I went to " carry a bit of bread by Mrs. Frafer's order. ** Q^ For whom ? A. For Mrs. Campbell and e< Major Hook. Q. They took as if they ex- ** peeled it \ A. I do not know whether they *' expedled it or not. Q^You carried it and gave * k it them ? A. I did not look at them when I " gave the plate. Q^ You went for the purpofe " of carrying the bread there, and it was received ? '* A. Yes. Q. Nobody faid for what it was fent ? " No. Q. It was expected therefore r A. Yfcs, The door was open when you went in \ " A. Yes, "Sir, it was. Q. Was it quite open ? *' A. Partly open. Q. You delivered the bread " and went away ; you did not ftay, I fuppofe ? " A. I did not flop a moment, hardly. Q^ You *' flepp'd in and delivered the bread and went *' away ? A. Yes. Q^ Did you flop at all ? " A. No. Q^ Did you let the plate fall ? A, " No, I held it fo, and one of them took it, " I don't know which. Q. Did you not ex- " prefs any particular furprize ? A. Why, I " cannot fay I liked to fee them. Q^ You made " all thofeobfer vat ions \ A. Yes. Q^Ofcourfe 44 you thought it very improper r A. Very, Sir. " Q. Did you ever fee Mr. Campbell, the huf- " band, after that ? A. I believe I did fee him " once, he came in the hall once ; I don't re- " collect I ever faw him but once after that. Q^I *' take it for granted you told Mrs. Frafer, the " mother, immediately r A. No, I did not, Sir. *' Mr. Holroyd. Q. How came you to take the " bread up ? A. Mrs. Frafer ordered me to carry *' the bread. Lord Chief Jujlice . She faid ip " before. Q. Where was Mrs. Frafer ? A. She *' was in one parlour, and the Major and Mrs. " Campbell in the other." . The fituation here defcribed, if it could be fuppofed to have exifted at all, leads to a proof of c criminal ( xviii ) Criminal intercourfe ; but it is totally inconfiftent with a plan of feduftion for the purpofe of a cri- minal end, and confcquently muft be held to repel the foundation of the general tenor of the charge, by raifing a decifivt prefumption of its falfity ; a prefumption which increafes to abfolute convic- tion, when the evidence is examined by the ftan- dard of probability. * The pofitive evidence is, that within a day of my arrival at Ramfgate, where I only refided three days in all, I was found by the witnefs, Mrs. Frafer's Cook, in the parlour, with the door open, in a fhuation of the groffeil: indecency, fuch a perfon of the moft profligate habits could not be fnppofed to be found in with thi? moft abandoned proflitute, And yet this fitua- tion, according to the cafe opened by the plain- tiff's counfel, is fuppofed to have taken place between a young woman of 18, and a man df 40 years of age, between perfons who were td- tally ftrangers, till within a very Ihort time before .the fituation fworn. It proceeds upon the fup- pofition that all the natural feelings of relatioil- Ihip, as well as difparity of years, were over"- ome in this iliort period ;* s^nd that all this took , p. 63 to 6<}< place place in the cafe of a female, who, according to the evidence of the plaintiff's neareft relations, lived at that time happily with her hufband, in- ibmuch, that a long train of fubfequent feduction is fuppofed to have been neceflary, firft to de- bauch her mind, and afterwards to obtain her perfonal favour. To increafe the improbability, this feene is fuppofed to have been in the middle of the day, in a parlour, in a lodging-houfe at Ramfgate, with the door partly open, Mrs. Frafer fitting in the oppofite parlour, and giving orders to the fervant to carry in fome bread to Mrs. Campbell and me, and the parties are fuppofed, one or other of them, to have taken a piece of bread from the witnefs, but which (he could not tell. Such a place, for fuch a fituation, is very little marked with probability, efpecially in a lodging^- houfe, and in a watering place, where familiarity of intercourfe and accefs to the apartments ' is, from the eafe of living in fuch places, conftantly open to all the family ; and it is jnconiiftent with every rule of probability, that under thefe cir- cumftances, they fhould have coolly and delibe- rately taken the bread, without moving from their fituation or petition. C2 I It can hardly be doubted, therefore, pofitive as the teftimony is, that it is to be rejected as urn worthy of belief becanfe it eftablifhes a cafe in- conliftent with the future plans and meafures to led nee an innocent woman and beloved wife ; and becaufe it is in itfelf incompatible with thofe probabilities, on which the belief of all human teftimony, however fanctioned, muft depend. i The next part of this extraordinary cafe re- lates to the journey to Scotland, which I am fup- pofed to have propofed, as affording an opportu- nity to corrupt Mrs. Campbell's virtue, already, according to the account of the laft witnefs, com- pletely corrupted ; and to aggravate the wicked- nefs of that act, and render my fcheme more practicable,* I am fuppofed to have ufed means to foment a quarrel that fubfifled between Cap- tain Campbell and his father. As thefe circumftances were not proved, but refted merely upon the affertion of the plaintiff's counlel, I might be allowed to pals them by with cbferving that they remain unproved. But I cannot permit fo vile a {lander to reft even in affertion, and as the learned counfel could fpeak only from * Appendix, p. 60, B. C. D. the the inductions of his client, it is mpft important to my vindication to expole the character which could give fuch inftructions, with a confciou- nefs of their falfehood, of which confciouihefs I fhall convict him, by the 'evidence of his own letters. And it is equally important, that I fhould. efbhiim the real motives and inducements which led me to take that journey wjih Mrs. Campbell ? as my companion. Soon after my arrival in England, and long her fore my journey to Ramfgate, and confequently before I am charged with any defign upon Mrs. Campbell's virtue,* I wrote to Captain Camp- bell, whofe father was my vuicle, expreffive of my wifh to reconcile him to his father, with whom he had been at variance, fignifying to him my wifh that he /hould accompany me to Scot- land, previous to his departure for India, he be- ing about to embark with his regiment for that quarter of the globe. His letter, f dated the 2yth day of Auguft, proves the fact as I have ftated it, and eftablifhes without the evidence of my letter, to which it was an anfvver, that taking Mrs. Campbell with me, was not propofed by * Appendix, p. 16, 17. f Appendix, p. 18. me ( xxii ) me, nor even in my thoughts, for his letter con- tains no obfervations upon any fuch proportion. Captain Campbell's letter, of the 3Oth of Auguft, 1788, fhews that I ftill continued to prefs him to the journey, which he continued for various feaibns to decline ; and in this letter, he himfelf luggefts the idea for the firft time it ever occur-^ red, .that Mrs. Campbell fhould accompany me to Scotland. After flating at large his grounds for declining the journey himfelf, he fays,* " I hope, after 44 this, you will not aik me to go to Scotland, 46 when, independent of my firft reafons, the " ftate of my regiment renders it incompatible * c for me to get away, nor is there one Jingle of* *"* ficer of the regiment abfent with leave. " Mrs. Campbell, fome time ago, had a wifh _'* to fee her friends in that part of the world, " and, perhaps, if it would not be inconvenient, 44 (he would like to go as far as Edinburgh : but * on this fubject I muft refer you to herfelf en- 44 tirely ; for my own part, I am not partial tc 4t that country, having been but little in it, nor 44 have J a defire of feeing it, unlefs to fee my ** fifter, whom I believe to be a good woman.'* * Appendix 1 8, H. 1 9, A. B. This ( xxiii ) This letter containing the propofal, was,-aslhavraclice of vice, in the month of June or July, 1789, when I had found, upon the fuppofition of familiarity at Ramfgate, fuch ready accefs to the object of my fuppofed deiires, in the month of September, 1788, after an acquaintance of only three weeks duration, and an actual in tercourfe of two days ? A caie fo contradictory delerves no credit, and the natural concluhon is, that both accounts are equally falie. But fuppofing that I had the defign of infla- ming tli^ pallions, and feducing the virtue of this young woman, by exhibitions of obfcenity ; is it probable that I mould have defired a common fer- vant I ( xxix ) Vant to have been the purchafer of fuch a thing ? Even if I had been abandoned enough to have meant them for the private gratification of my own profligacy, it is a kind of fecret I mould have kept to myfelf, and therefore would have been myfelf the purchafer ; and I mould have been ftill more anxious to have concealed fuch a purchafe, had I meant them for the fecret pur- pofe of corrupting another. Above all, I mould fcarcely have employed in that purchafe, a fer- vant who was quite new to me, who, according to his own teflimony, had been but a few weeks in my fervice ; and one whom 1 had thus em- ployed, I fhould hardly have been improvident enough to have turned away in a few weeks after, without a character, and with every mark of di? pleafure and diiapprobation, leaving it open to his malice and vindictivenefs to expofe me by 3 f a ^ of fo grofs and vicious a nature. \ That this perfon did buy prints for me I do not difpute, but it will appear from the faft of his having bought them, how completely incredible his ftory is. The prints I employed him to pur- chafe were caricatures, to fend to India for the amufettient of my friends ; and when he brought me the caricatures, he produced at the fame time fome fuch as he defcribed, which Ireturned to 1 him- ( XXX ) him with difguft and reprehenfion, and ordered him to take them back, giving him money to pay for the caricatures only the others remained unpaid ; and it appears from the affidavit of Mr, \Vhitehurfr., with whom Ilodged in Duke-ftreet, Manchefter-fquare,* fome time after, that the printfeller repeatedly called for payment, and .that it was peremptorily refufed by me. Now, I alk whether it is confident with any rational fyftem of conduit, that I mould not only have authorifed a public purchafe of fuch things, by a common fervant, after three weeks acquaintance with him, but that I mould publicly, peremptorily, and re- peatedly refufe to pay the printfeller, and that at this moment they ihould remain unpaid, thereby leaving it open not only to the fabricator of this tale, but to the printfeller likewife, to eftablim a fail of fuch a complexion againft me ? The wit- nefs flares in his evidence, that he had the prints in court. Now, how could this be upon any other fuppolition than that which I have made, viz. that I returned them to him, when firft pro- duced to me by him ? Is it to be fuppofed not only that I (hould have authorifed him to buy the prints, but that having Appendix, p. 37, D. E. F. beea ( xxxi ) been difcovered in exhibiting them, I fhould f either then have given them back to him, or put it in his power to get them. The explanation is clear, he mud have retained the prints, notwith- ftanding my orders to reftore them ; the print- feller, therefore, not having received them, de- manded of me the, money, and the witnefs re- taining them in his pofleffion, brought them out to confirm his teftimony. I cannot, therefore, for a moment doubt, whatever may have been the firft impreffion of difguft upon hearing this evidence, that when it is examined deliberately and difpaffionately, it will appear to be a wilful and fcandalous mifreprefentation. The next witnefs called was Robert Green.* As he ftates a variety of fails and circumstances, tending to prove attuaj guilt, and eftabliming the completion of my fuppofed plan of fedudion, it is material to attend to his evidence rnoft mi- nutely. He begins by faying that he came into my fervice when I refided in Duke-ftreet, Manchefter-fquare, 1 790. The particular month of the year he does not mention ; that he had been in my fervice fix * Appendix, p. 77, F. weeks ( xxxii ) weeks and a day or two, when he fays that he fuf- peded there was fomething improper between an uncle and a niece ; that he had the curiofity there-; fore to watch, and upon going into the drawing- room one evening, faw us fitting on the couch, which 'flood behind the dogr, in a very criminal way. This is a fingular (tile of expreffion, and not very like the language of a perfon in his Na- tion, nor at all fimilar to the general turn of ex- preffion in the reft of his evidence. It bears marks of fuggeftion from fome perfon of better educa- tion than the witnefs. But I would afk, how fhould he have feen us by going in at the door, fitting on the couch behind the door ? If he could fee any thing, it could only be by advancing into, Or towards the middle of the room. He then de- fcribes the poiition to be, my one arm around Mrs. Campbell's neck, and the other under her petticoats, and that he could plainly fee her na^ ked knee. Now, examine this teflimony by the laws of probability. Firft of all, it is not probable that upon his ap- proach, we fliould have remained in any pofition from which we could have withdrawn or reco- vered ourfelves : becaufe it is not to be prefumed that we meant to exhibit this to the view of the fervant. This is not to be prefuraed in any cafe, but ( xxxiii ) but in this cafe it arifes out of the nature of the evidence that we wimed to avoid difcovery, for according to his own ftory, he was obliged to watch his opportunity to difcover us. He had a fufpicion, he fays, but not at firfl ; after a time, he thought there was fomething im- proper going on between an uncle and niece ; and then, more from curiofity than any thing elfe, he went in the drawing-room* Nature has implanted in the breaft of man an impulfe which leads him inftinctively to avoid difcovery in the connection between the fexes, even when it is moft innocent and irreprehen- fible, fo that a difpofition to withdraw from any Situation which may indicate it, upon the riik of being expofed to the view of others, is imme- diate. Surely this inftinclive difpofition is not di- minimed where the connection arifes from an un- lawful intrigue, and is more particularly to be prefumed in fuch a cafe as the prefent. The pre- fumption therefore is, that on hearing a foot on the flairs, ftill more on hearing the opening the door, we mould have retired from the pofition we are defcribed to have been in had it been prac- ticable. Now, what is the pofition fixed on by the witnefs ? The gentleman's one hand in the- e lady's ( xxxiv ) lady's bofom, and the other up her petticoats, fo as to (hew her naked knee. The firft noife on the flairs, or movement of the door, would have led him to withdraw his hands, and her to drop her petticoats, an arrangement which could have been performed in an inftant, replacing every thing in a foliation to deftroy all appearance of any thing Improper or criminal. If an alteration of a portion, fuch as the witnefs defcribes, could have been eafily accomplished on the nrft noife, it would have been accomplished to a certainty before he could have advanced to any part of the room, by which he could have feen the couch behind the door, and the pofition of thofe who were .upon it. The witneis, therefore, to have preferved verifimilitude in his tefHmony, mould have chofen fome poiition from which it would have been more difficult for the parties to have difembarraffed themfelves ; for as the teftimony now ffonds,- it violates all the laws of probability, and makes it natural to lift with fufpicion every word this witneis fays. The witnefs then proceeds to tell a very mi- nute ftory respecting a quarrel between Mrs. Campbell and myielf, as follows : " After this, " that one day, Major Hook faid to Mrs. Campbell, " I am going out now, and I will come in to " dinner. I rememberwe had that day for din- i ;ier ( XXXV ) ner a Cod's head and founds, and Major Hook never came in to dinner. Mrs. Campbell waited very impatiently till fix o'clock, when " fhe feemed to be in a violent paffion, and or- " dered me to take the dinner down, {he fhould " not eat any dinner. She feemed much enra- ** ged to think he did not come home to dinner ; " with that he came home, about half paft ten at " night. When he came home, I left him in ; " he went up into the drawing-room, I went *' down into the' kitchen. When I had been down " there the courfe of a quarter of an hour, I " heard a violent fcream, and a cry of murder ; " with that I went up flairs into the drawing- " room, and I perceived Major Hook (landing in " the corner of the room, with a chair before " him, and me trying to ftrike him with a po- " ker ; with that he deiired me to quit the room, " which I did ; I went down into the kitchen. ** I had not been there above five minutes, when " I heard a violent crying out again, and Mrs. * 4 Campbell run down flairs ; this was about half " paft eleven, or near twelve : me ran out into " the flreet, Major Hook followed her, and de- " fired me to go after her, which I did ; I fol- " lowed her out, and I overtook her a little way " down Duke-ftreet : fhe was in a deplorable " condition, her handkerchief tore all off her e 2 " neck. ( xxxvi ) " neck, and Major Hook with his waiftcoat tore " open, and down as far as here.^ With that I " faid, fays I, for God's fake Mrs.' Campbell " come in. Q^Did me come in ? A. I fol- " lowed her, and overtook her, and faid, Mrs. " Campbell come in, confider what condition " you are in, and the time of night, and you will " be taken up by the watch, and put in the *' watch-houfe, wirh that (he returned, and (hut " herfelf up in the parlour. Q^ Did any thing elfe happen ? A. She mut herfelf up in the- parlour, and Major Hook came and faid, Har- riet, Harriet, I iniift upon your coming out, I pray you to come out ; me came out, and was running up fbirs, her foot flipp'd, and (he fell down upon the landing-place, (he fainted away, or pretended it, with that Major Hook ftood " over her, and proclaimed thefe words : ' You * are a whore, a d d whore, and the worft of 4 whores.' She replied, I am a whore, but it is 4 only to you, who ought to have been my fa- 6 ther, my friend, and my protestor ; inftead of 4 that, you have been my utter ruin, and my * friends. Oh my poor hufband !' * Pointing to about three inches from the waift. The ( xxxvii ) The cry, he fays, was a cry of murder, at a late hour in the evening, in a fmall houfe, where the landlord and the family lodged, as well as my family. I was heard from the drawing-room to the kitchen, and yet no perfon feemsto have been alarmed but this witnels ; nay, it will appear from the affidavit of the landlord of the houfe, and his fervants, that they were in the houfe that very night, and were regularly in the houfe one or other of them every night, at that hour, and heard nothing of the cry of murder. Mrs. Camp- bell returned, as the witnefs fays, and went into the parlour, and that I begged and prayed her to come out, and go up ftairs, and that me fell upon the ftairs, and fainted away, or pretended to faint. Here again, I would deiire the pecu- liar turn of expreffion and fet form of words to be remarked, and would aik if it is agreeable to pro- bability that I mould have taken the particular moment to proclaim the words fworn to. The fervant, according to his own account, was L alarm- ed, and had gone out in queft of Mrs. Camp- bell, after the cry of murder ; he was upon the watch, and to a certainty within my hearing, for no part of the houfe was out of it. Is it agreeable to probability, that I fhould have chofen to utter thofe expreffions the moment when (he fainted, and that too upon the {lairs, where the words fpoken ( xxxviii ) fpoken "muft have been heard by all the family ? And laft of all, is it probable that Ihe fhould have made the obfervation fworn to in the midil of a fit, into which he fays fhe had juft fallen, or pre- tended to fall ? And is it not very inconfiftent to fuppofe, that I fliould have been excited to fuch expreffions by the event of her falling, or appear- ing to fall in a fit, my temper of mind having become fb different (according to the tefK- mony of the witnefs hirafelf ) from that of rage or paffion, or any difpolition of mind likely to dictate opprobrious language; for he reprefents me as coming to the parlour door, and in a foothing manner, intreating her to come out r Mr. Whitehurft fays, in his affidavit,* that he remembers the night on which Mrs. Campbell went into the flreet, and was brought back by Robert Green, when fhe {hut het felf up in the parlour, and morrly after went up to her bed- room; that he did not on that evening, or at any other period of time whatever, hear Mrs. Camp- bell cry our murder, or Major Hook fay to Mrs. Campbell, you are a ' whore, or a d d whore, 6 or the worft of whores,' or any other expreffions or words to the like purpofe or effect. He fays * Appendix, p. 36, 37. his ( xxxix ) his niece Jones, and his fervant White, were in the houfe with him, and that his houfe is but a fmall one, that violent words fpoken in any part of it, muft be heard throughout the whole houfe. , Alice Jones, the niece,* fwears to the fame effect. Elzabeth White, f the houfe maid, fays, fhe remembers the night that Mrs. Campbell went into the ftreet, and identifies it by the fame cir- cumftances as Mr. Whitehurfl, and Jones, and Green, viz. Green following her and bringing her back, and her going into the parlour. She then fays fhe came out to go up flairs, thatjhe was with Mrs. Campbell upon the flairs, and at- tended her up to bed, and did not then, or at any other time, hear Major Hook ufe the expreflions mentioned by Green ; and that they could not have been ufed at the time without her hearing them, . becaufe fhe never was a moment abfent from her, from the time fhe fell in the fit, till the time fhe put her to bed and the fame witnefs fwears that fhe did not hear the cry of murder. * Appendix, p. 40, f Appendix, p. 38, 39. The *The evidence of Green, therefore, is not only improbable in itfelf, but it is directly contra- dieted by perfbns who muft have heard what paf- fed, and by one in particular who fwears fhe was with Mrs. Campbell during the whole time, in which, by tKe teitimony of Green, the very ex- traordinary and difagreeable words were fpoken. I beg leave now to consider before I go farther, who, and what is the character of this witnefs, and who are and what is the character of thofe who make the affidavits. The witnefs is a me- nial fervant, whom I turned off without a cha- racter, and who admits we parted in bad terms? who fays I underminded him, and hired another lervant before I let him know my intentions, and that he underflands I life all my fervants ill a (ingular charge againfl a perfon fuppofed to be enoa;ed in carrying on an inceftuous intrigue. o o Jo o Green therefore is a perfon upon whom motives of an indirect nature may be fuppofed to operate ; while the others are perfons of credit and reputa- tion, whofe houfe I have long left, and who are* liable to no prejudice, as they are under no obli- gation of any fort ; and thofe are the perfons who all fwear they never faw any improper conduct between Mrs. Campbell and myfelf : and White- hurft fwears, that he would not have permitted us ( xli ) us to remain in his houfe if he had. It is like- wife to be attended to, that thefe witnefles, par- ticularly Whitehurft, fwear that I took the lodging for myfelf arid my niece, and that her mother and family came conftantly to vifit us. Thefe are circumftances which go a great way to repel the prefumption of an intrigue. The witnefs next proceeds to ftate the appear- ance of Mrs. Campbell's bed in Duke-ftreet, and fays he was mewn it by Betty White, the houfe- maid of Mr. Whiten ur ft. The reprefentatioii of this matter refts upon his teftimony alone, while Betty \Vhite might have been produced to have confirmed him. It is very material that fuch a fact fhould not be left on the teftimony of a llngle witnefs, but fhould be confirmed. But if the fact was to be left to the credit of one witnefs only, two being equally in a fituation to be pro- duced ; it muft be evident that the perfon who difcovered and fhe\ved the bed, muft be the moft credible and fatisfa&ory ; but if that witnefs is not called at all, but the witnefs who was brought to fee it, called, it muft raife a ftrong fufpicion in the mind, that the original witnefs would not have confirmed the teftimony given. f The The teftimony of that witnefs, as well as of the others, appears in the affidavits, and me gives a pofitive contradiction to this fact, faying that fhe never called Robert Green into the bed-room, nor obferved to him the mark of two people in the bed,* and that fhe never faw any fuch marks in the bed, nor had any fufpicion of them. The witnefs then gives evidence reflecting my conduct at Swanfea, particularly to his difcovering Airs. Campbell and myfelf in a moft indecent fitua- tion in her bed-room. " Q.^ Do you remember ** while at Swanfea going to a room adjoining " to her bed-room ? A. I do, it was one day *' after dinner ; I was in the court-yard with " the children, and Major Hook's fon faid I was *' wanted ; I went up flairs. Q-^Did you go " into the room adjoining, where Major Hook " and Mrs. Campbell were ? A. Yes, 1 went " into the room, and I perceived that Major ** Hook and MKS. Campbell were laying at the " foofof the bed. Q^Was it in her bed-room ? " A. In her bed-room, and on her bed ; as foon '* as they faw me, it put them in a furprize, he " ftarted up, and the flap of his breeches hung 44 down, and his face was as red as fire ; the co- *- Appendix, p. 38, D. " lour ( xliii ) " lour came all up in his face, and Mrs. Camp- " bell walked to another part of the room. Q. " At that time did you obferve any part of the " perfon of Mrs. Campbell ? A. Yes, I did, I " fawat that time up as far as here, (pointing to " her knee.) Q^ Her thighs ? A. Yes, I did. " Q. Her naked thighs? A. Her naked thighs." Green fays he only went into the children's room, in which cafe it is impoffible he could have feen the bed, as this plan mewing the arrangement of the rooms will prove. Major Hook's bed-room. Children's room. 1 bed. Mrs. C.'s . bed-room. Paffage. Now it is very fingular that a fervant mould, without ceremony, have thought himfelf intitled to advance to the door of a ladv's bed-chamber : j he therefore finds it neceflary to account for it by faying my fon faid he was called. Now I muft either have fent my fon for him, or the boy muft have made a miftake, or the whole mult have been a pretence : as to the firft, it is incredible that I fhould have called him, in the fit U a lion he delcribed me to have been in ; as to the lecond, f 2 it it is not very likely that a boy of eleven or twelve years of age (hould, by miftake, clefire that to be done for which he had no authority ; and if his pretence is falfified, it follows that but little credit is due to his fact. It is to be obferved likewife, that all the rifles 'of difcovery are run without a fmgle precaution upon any part. For the door is left unfecured, although the room adjoined that occupied by the children, who were then (as appears by his evi- dence) actually running about ; I was therefore expoling myfelf to be feen by a fon of twelve years old, and daughters nearly the fame age,, in an in- ceftuous correspondence with a niece. Surely ij would require very confident, corredl, and cre- dible teftimony to effoblim the belief of a ftory fb iingular and improbable. In giving an account of the distribution of rooms at Swanfea, he feems inclined to make an impreffion, as if the room in which I ilept was ad- joining to Mrs. Campbell's. Whereas the evidence of the next witnefs (his wife) makes it quite clear that the children's bed-room was between Mrs. Campbell's and mine, in the manner de- fcribed in the plan, and that there was no door into her bed-room but through that of the chil- dren ; dren ; this he corre&s by being re-examined, and comes into the fame {lory with his wife ; but his original evidence mews a determined difpofition to make fuch a ftory, and to eftablifli fuch ar- rangements, as will lead to the fuppofition of in- tercourfe ; fuch a mifreprefentation, making his bias manifeft and clear, muft lead to difcredit every other part of his teftimony. In ibme fadls, it is evident that he has fworn falfely, in others", his pretences have been untrue ; in all, he has violated probability. I do not go too far, therefore, if I fay, that a witnefs who prevari- cates in fome inftances, and tells an improbable ftory in all, is to be believed in none. Sarah Green,* the wife of this witnefs, was next examined. She eftablifhes it clearly as a fa6r, that at Swan- fea, where we were fettled in family, Mrs. Campbell's room was not next to mine, but that the children's feparated them ; and that there was no approach to her room, except through that of the children's. But me fays, that upon the road I was particular in having the bed-rooms toge- ther ; and that I ordered two rooms only, I and * Appendix, p. 83, F. 2 my ( xlvi ) my fon flept in one, a imgle beded room, and Mrs. Campbell and my girls in a double room* She fays that at the next inn to Swanfea, we would not take the rooms if they were not adjoin- ing, if we travelled all night, and this fact is refted on as a proof of our guilty connection ; while, inftead of founding a prefumption of guilt, I confidently aik whether thefe facts do not eftablifh the ftrongeft prefumption of inno- cence ; and whether taking the whole of this part of the evidence together, it does not prove that the motive of this arrangement was not a guilty intercourfe, but was that of giving protection to an apprehenfive perfon ? In the firft place, it is evident that I was travelling publicly with my whole family, with fervants attending my niece, myfelf, and my children, and not clandeftinely for the purpofe of an intrigue. The orders for the bed-rooms were openly given, and when the accommodations \ve required were not to be had, it feems we preferred travelling on to re- maining. If the object had been guilty enjoy- ment, there could be no motive for continuing to travel, for that prevented its completion as ef- fectually, as if the rooms had been a-part ; there- fore no rational ground can be given for my con- duct, but the fears which many females are liable to in fleeping at an inn-, without any perfon whom they ( xlvii ) they have confidence in near them to protect them. Some flrefs is laid, however, on her ordering her door, and that of the children's room, to be, left open, at Swanfea, when no other inference can be drawn with fairnefs, than that me might, by that means, have it in her power to have communication with the children, for it did not preferve the communications between my room and her's. There is one circumftance, however, men- tioned by this witnefs, on which me feems to reft fome proof of guilt, viz. that at night I mould have come frequently into Mrs. CambelFs room, half undreffed, when Mrs. Campbell was undrefled ; this fhe accompanies with an obferva- tion, that on thofe occafions I immediately retired when I faw her. Now if all the circumflances are fairly weighed, it is apparent that my motive for withdrawing could not be a confcioufnefs of guilt, but muft have ariien from my perceiving Mrs. Campbell's fituation : and it will not be fuppofed, I truft, in the habits of domeftic in- tercourie, that the father and mafler of a family mud have impure intentions, becaufe he is feeu going about his houfe in undrefs, a fituation very diftind ( xlviii ) diftinct from nakednefs. Had my object then been a guilty intercourfe with Mrs. Campbell, I fhould have probably been cautious not to have expofed myfelf a fecond time to Mrs. Green ; and the having been feen repeatedly in that fituation, is in itfelf a flrong prefumption of innocence of mind. But if not in itfelf a proof of innocence of mind, is it to be taken as evidence of open in- tercourfe and frequent guilt ? Open intercourfe and frequent guilt muft have been attended with great facility in proving numerous inftances of intercourfe, or very evident marks of it. Now, the evidence of any thing like intercourfe at Swanfea, is confined to the fingle and extraordi- nary cafe fworn to by Green, and reprefented to have taken place in the afternoon in a room with an open door, when all the family were flirring about, and the children running to and fro at play. And as to the marks and appearance of fre- quent intercourfe, Mrs. Green, who was exa- mined very minutely as to the bed, declares {he obferved nothing particular ; no appearance of two people having been in it at any time. Had my object been to have gone to bed to Mrs. Campbell, when I was feen in undrefs by Mrs. Green, going into Mrs. Campbell's bed- room, it is impoiiible that the fame witnefs, who fays (he always made the beds, fhould not have perceived the ( xKx ) the condition of the bed, if it had betrayed any marks of intercourfe ; and it is very unlikely that if there had been any thing of this kind to dif- cover, that Green, who flates the condition of the bed from Betty White, fhould not have ftated the fame fafts from the information of his own wife, with whom the delicate fcruple of not pointing out particular marks need not have prevented his evidence from being perfect ; a de- fect, which, upon ' his crofs-examination, his evidence feems to labour under refpecting the bed in Duke-flreet. Befides, the fact of my going to Mrs. Camp- bell's room with a criminal view, in the manner, and with the frequency defcribed, eftablimes a prefumption of fuch frequent intercourfe, as mu{l have led to eafy detection. How comes it then that Green, the hufband, who avows his early curiofity who fwears he watched us in the drawing-room, in Duke- {beet who fwears he came without ceremony into Mrs. Campbell's bed- room at Swanfea, mould have been unable, not- withftanding this fuppofed opennefs of inter- courfe, to have difcovered, either at the inns on the road, at Swanfea, or elfewhere, any more decifive fact of crfminal intercourfe, than the indecent but impoflible difcovery in the drawing- room ( 1 ) room in Duke-ftreet, and the equally impro- bable one in the bed-room at Swan Tea ? For this reafon, that my intercourfe with Mrs. Camp- bell was of the purefb nature, that it was (in the abfence of parents) the intercourfe of a pro- tefting father, with an innocent and forfaken child, and upon that principle, all appearances of familiarity, which in another connection might afford a prelumption of guilt, are to be explained and accounted for. Elizabeth Hearne,* the next witnefs, fet out with fwearing that I lived at Mrs. Frafer's in Brook-ftreet, a good while ; the fact is, as ap- pears from the affidavits, that I never lived there at all. At Walton again me fays, I came occasionally ; whereas there Mrs. Frafer and her children, and J and my children, lived together in family. This woman fays that me watched, from a curiofity railed by having heard me go into the room before ; and that me made the bed in the morning, and it appeared as if more than one bad Jlept m it. The precife form of expreffion in this cafe is fingular, and not free from fufpi- * Appendix, p. 88, A. cioii : cion : but the teftimony is moft extraordinary, indeed, when confidered under all its circum- ftances; {he fays it was in November, 1788, that (he faw this, but is not fure as to the month ; but flie is fure that there was nobody in the houfe but the gardener and his family, and my fervant ; that Mrs. Frafer was not at Walton. In fad, the houfe at Walton was not taken till the end of December, 1788, and Mrs. Campbell and pyfelf had gone there to give directions about the houfe. There could .therefore be no opportunity to excite that curiofity which led her to watch ; and as to the opportunity of feeing us any where elfe, it is out of the queftion, for I never did live in Brook-flreet, nor under the fame roof with Mrs. Campbell, until her mother, Mrs. Frafer ? s family, and mine, united at Walton. The fame witnefs fwears to Captain Campbell having been at Waltqn ; when it will appear by his own letters, that he never was there, nor ever faw his wife, from the month of December, i ;88, although he did not fail from Torbay till March, 1789. This circumftance may give fome idea of the veracity and accuracy of the witnefs. i The ( ffi ) The conduct of the next witnefs, Andrew Addifon, when he was brought to be fvvorn, will (hew the complexion of the teftimony produced againft me. " Andrew Addifon called,* the oath being ten- " dered, he was obferved not to kifs the book, u upon which Lord Kenyon faid, adminifter the " oath to him again, what is the meaning he " will not kifs the book ? The oath was re-ad- " miniftered. Lord Chief Juftice. Now kifs ' the book. The witnefs then kifled the book, " and faid, I never was in a court before to give " evidence. Mr. Mingay. Now you are upon " your oath, had you any intention to avoid kif- *' fing the book upon your oath ? A. Upon my " oath I had not. Lord Chief Juftice. If I was " upon oath, I fhould fay I believe he had. Mr. " JLr/kine. Then I certainly will not call a " witnefs that my Lord makes fuch an obferva- " vation upon."-|- Arabella * Appendix, p. 92, C. t JAMES WALKER, fervant to William Paxtan, Efq. of Queen-fquare, Bloomfbury, in the county of Middlefex, maketh oath and faith, that he knows An- drew Addifon, and that on Monday the 25th day of Fe- bruary, 1793, he, this deponent attended the court of King's Bench, Weftminfler, to give evidence in a caufe depend- Arabella Kennedy,* fpeaks to nothing that can give occafion to difcuffion, as fhe eftablifties o no depending between Major Archibald Hook, and Captain Charles Collins Campbell, for criminal converfation with Mrs. Harriet Campbell, wife to the faid Captain Charles Collins Campbell, and which was expected to have come on that day, but for reafons unknown to this deponent, was deferred till the Tuefday following : And he, this de- ponent, further faith, that on the faid 25th day of Fe- bruary, 1793, he met the faid Andrew Addifon in the lobby near the Houfe of Commons, and converfed with him, the faid Andrew Addifon, on a variety of fubjets, among which the then depending trial was one, whereupon the faid Andrew Addifon told him, this deponent, in the hearing of John Lewin, fervant to the faid Major Archi- bald Hook, that he the faid Addifon would give his evi- dence in court, but would not kils the book. JAMES WALKER. Sworn in London this I $th Day of March, I793> before Hugh C/egborn, Efq. one of his Majejly's Juftices of the Peace for the County of Mid- dltfix. HUGH CLEGHORN. JOHN LEWIN, fervant to Major Archibald Hook, maketh oath and faith, that he knows Andrew Addifon, and that on Monday the 25th day of February, 1793, he, this deponent, accompanied James Walker, fervant to William Paxton, Efq. down to the court of King's * Appendix, p. 92, F. I Bench no fact that can be perverted into a fufpicion of guilt. As to WoodrorT,* the gardener's evidence, he eftablifhes nothing but that I was in the paflage, not fully drefled, a circumftance to which it will be ftrange to attach criminality. He, however, afcertains the time of our being at Walton, and the purpofe to have been to fix the houfe for Mrs. Frafer, and in fo doing, he renders the tefti- mony of Elizabeth Hearne incredible, on the ground flated in the anfwer to her teftimony. Bench, Weftminfter, and that near the Houfe of Com- mons they, the faid James Walker and this deponent, met the faid Andrew Addifon : And he this deponent fur- ther faith, that the faid Andrew Addifon. told James Walker, in his, this deponent's hearing, that he the faid Addifon would give his evidence in court, but would not kifs the book ; whereupon, he this deponent obferved to him, the faid Addifon, that if he did not kifs the book, his evidence would not be taken. JOHN LEWIN, Sworn at London this I $th of March, I?93 before Hugh C/egborn t Efq. one of bis Majeflys Juftices of the Peace for the County of A4'id- dlefex. HUGH CLEGHORN. * Appendix, p. 94, F. It may not be improper to remark, that all this clafs of witnefles, who fpeak the conduct at Walton, fpeak of a period antecedent to the fup- pofed difplay of the prints ; and in that refpet, contradict the cafe as founded upon the groundof deduction ; for it is abfurd to fuppofe that I fhould have attained my ends in December, 1 788, and that I mould yet have been attempting to fe- duce in June 1789. The evidence of Jane Grimes* of the Situation at Bourne is, indeed, of a moft fingular nature. The looking through the key-hole of my bed- room door, on fufpicion, created by no motive that appears, but becaufe accident had led her up flairs to receive orders from Mrs. Campbell for the grocer. The feeing me laying ftark naked, with my face downward, and Mrs. Camp- bell fitting by, full dreiled, a poiition fo abfurd, that the vvitnefs herfelf thinks it neceflary to ac- count for it by fuppoling I had come from bathing. Mrs. Campbell's drawing the curtain, and thereby preventing more to be feen, is altogether fuch a tale as would require fome better teftimony than * Appendix, p. 96, H. that Ivi ) that of a common liar, (which this woman is,) to make it obtain the fmalleft credit.* It is moft fingular, that if fuch was our inter- courle, we fhould never have been difcovered but in this one inftance, by this prying and fufpi- cious woman. I lived at Eaft Bourne, in a very fmall lodging, with a large family, confiding of Mrs. Campbell, a young lady of fix teen years old (Mifs Hay) who conftantly flept in the room with Mrs. Campbell, three children, and all the fer- vants. Nothing improper could take place with- out a difcovery, and Mifs Hay's affidavit-f will fhew how little ground there is for fufpicion ; therefore, the only ftory that this woman could contrive, was one fuch as this, in which fhe could not be contradicted by any witnefs, how* ever at variance with probability. What muft {hike as equally fingular is, that this woman lived with me as cook at Ham. If % the connec- tion prevailed at all, it prevailed then, and yet, inftead of fixing: on any acl of intercourfe there, & * fhe confines her evidence to that fingle and ex- traordinary polition feeu through the key hole at * Witnefles were in court to prove her chara&er as a liar. j* Appendix, p. 46, 47. Eaft Bourne, and obftructcd by the drawing of a dartain, when there could b no reafon for draw- j:; . it, became nobody was fufpected of ob- fei'ving. M : fs Macaulay,* the laft witnefs called, 4 - - positively to the correft behaviour of Mrs. Campbell, and there the evidence ends Evi- dence whi."h, with the exception of Sarah Green, Arabella Kennedy, and Mifs Macaulay, I have no hefitation in branding with every epithet which confcious innocence can apply to delibe- rate guilt. I am aware of the riik that attends this charge ; but I -boldly- make it, being determined to trace and bring to juftice thofe who have contrived the plot by which I fuffer ; a- plot palpable, as I con- tend, from th'e obfervations I have made ou the teflimony of the witnefles, but rendered ftill more clear and decirive, by the extrajudicial condud of the parties. In the BON TON MAGAZINE, f publimed for the month of February 1793, there is an additional * Appendix, p. 99, F. f Appendix, p. 109. h leaf ( Iviii ) leaf annexed to the number, entitled, " AJin- " gular Account of the Trial of Major Hook for " Criminal Converfation with his Niece, Mrs. "Campbell, tried before Lord Kenyon on the " 26th of February." After this title, and be- fore proceeding to give an account of the trial, which is given in a mofl unfair and partial man- ner, there is the following entry or notandum : " See the plate entitled " The Mar row- bone " Uncle, &c. and for a tete-a-tete of the par- " ties turn to the firfl article of this number, " which was printed off before the event of this f * trial was known." . The fcandalous and beaflly indecency of the plate is fhocking to the lafl degree : but as it ap- plies to this cauie, it is mofl important to de- note the malicious mind which has beeii at work again ft me : the plate or engraving is meant to reprefent Mrs. Campbell and myfelf, and it aims at being a caricature of my face and perfon. Now is it poffible that this could have been ac- complifhed without the aid and communication of my profecutors ? How were the ordinary pub- lifhers of a magazine, or thofe employed by them, to obtain any traces of a perfon, a ftranger to England, not known in public life, very feldom j in ( 11* ) in Loridon fince 1789, and living in retirement with a narrow circle of friends, unlefs I had been pointed out by thofe who knew me, through the means of this caufe. The fuggeftion is con- firmed by the other part of the publication. It appears tha the tcte-a-ttte was printed off before the event of the trial was known, contains a ftory refembling that brought into court, defcribing the connection and the country of all, and giving the names of fome of the parties, and mentioning feveral facts and circumftances which belong to this caufe. Now how could thofe matters come to the knowledge of the author of the magazine, fo as to be printed off before the trial of the caufe had taken place, unlefs they had been privately communicated, as I have already ftated ? I am a retired individual, little known in Eng- land, Mrs. Campbell equally Unknown. The mere bringing of the action could difclofe none of the fads or circumftances, becaufe the record, as every body knows, gives no information, but ftat.es merely the nature of the injury in formal words. The connection between the parties tending to aggravate the crime, could, therefore, be known to thofe only, who were acquainted with h 2 the the private circumftances of the caufe.* It is evident, therefore, that there was an unjuft, ma- lignant fpirit, fecretly at work, fupplying prints and ftories for a magazine, in a matter not with- in the fcope of the knowledge of the authors of fuch a work ; and, therefore, directly imputa- ble to the aclors in this wicked confpiracy to ruin my peace, and tending ftrongly to manifefl the difpofition of the parties to procure proof in court to fnpport that cafe which they fabricated by anticipation for a periodical publication. In addition to the other proofs annexed to this cafe, I have added an affidavit of innocence made by Mrs. Campbell, and I have added affidavits and letters in fupport of her character and my own,f by thofe who have long known us, and have lately lived in intimacy with both : I have likewife annexed the letters of Captain Camp- bell to her and to me, and letters from his father * This extraordinary production concludes with an addrefs to the fathers, brothers, and uncles, who may be jurymen in the caufe, calling upon them to give exem- plary damages. A feature denoting ftrongiy the motive which actuated the publimer in this cafe, and making it clear that the publication is not fupplicd in the regular courfe of magazine intelligence. See the end of the 'Trial, t Appendix, p. 50, 51, 52, 53. to ( Ixi ) to me at the time I went to Scotland with Mrs. Campbell in 1788. From thefe documents the public and my friends will be enabled to form a judgement of the characters of the different parties, and from thence to conclude refpecting the probability of the truth of this cafe, and to decide between the alternative of actual guilt, or falfe charge. Under the afflicting calamity of this verdict, it is a folace to me to find that my character is ftill fuftained by the refpedtable- perfons who have made the affidavits and written the letters annexed. The letters of Captain Campbell are given at large in this appendix, and they contain much matter for oblervation and difcuffion. I (hall only obferve here, however, that they eftabliih this fact, that from the commencement of his marriage, Captain Campbell and his wife lived without interruption in a flate of domeflic mi- fery ; a fact of importance to my cafe, becaufe when contrafted with the pofitive teftimony of his brothers and his fifler-in-law,* who fwear- * Appendix, p. i, to 24. to to their unvaried domeftic happinefs, it (hews the latitude they had given thcmfelves, efta- blifhes what I have repeatedly remarked, the ftrong bias of the evidence in favour of the plaintiff, without regard to truth, and manifefts the determination of the plaintiff in contradic- tion to his own letters, and in fpite of his confci- oufnefs to the contrary, to aflert and endeavour to prove whatever he thought would benefit his 6aufe. This facl: is of equal importance in another view, by eftabliming a prefumption, at leaft, that no traces of affection or family delicacy would {land in the way of his ufing every mean to ac- complifh a fcheme which might tend either to the gratification of his caprice, his avarice, or his malignity. Captain Campbell writes in one letter that they were miferable from the begin- ning of their marriage ; in another, that he ne- ver could feel a moment's peace till feas and feas divided them, and that he will never write to her again ; and in a third, that all the world faw their mifundei (landing, that he had come to a determination to keep a miftrefs. This re- folution to feparate from Mrs. Campbell runs through the whole, and it appears that he had even. ( Ixiii ) even ordered the deed of reparation to be made out. His capricious difpofition is manifeft in every line, and it is difficult to decide whether the bad- nefs of his temper or his* heart, is molt likely to have dictated his conduct. The letters of his father,* which in my own vindication and that of Mrs. Campbell I am forced to make public, and which nothing but this perfecution could have wrung from my moft fecret repoiitories difplay an aged and afflicted father, lamenting over the vices of a profligate fon. Such tefti- momes from fuch a quarter authorize me to af- firm, that the motives which I have afcribed to the plaintiff are the real motives which dictated his proceedings againft me, and confirm what is fworn to in fome of the affidavits refpecting the undue means taken to obtain the teftimony which was produced againft me.f Upon the whole? when it is confidered that the cafe of feduction. opened and refted upon as the ground of my guilt, was contradicted in the very firft ftage of the proof by evidence, which, in place of feduc- tion, eftablifhed a fact of flagrant proflitution in * Appendix, p. 24 to 32. f Appendix, p. 34, G, D. and p. 45, E. A. the < Ixiv ) the fuppofed fcene at Ramfgate. When it is confidered that my taking Mrs. Campbell to Scot- land was fnggefted by Captain Campbell himieif, and never propofed or hinted at by me. That on that journey no familiarity is alledged, nor any trace of evidence given of it, although Cap- tain Campbell followed us almoiY immediately from ftage to ftage, and his agents have .fince traced us in our route. When it is confidered that the laws of pro- bability, thofe fure, unerring, and eftablimed rules by which to try the credibility of all human, teftimony, are violated in every part of the evi- dence given by the witnefles ; and that the tef- timony of the witnefles, efpecially that of Robert Green, is contradicted pofitively in its moil ef- fential parts by affidavits in which the fats fworn to, coincide with and are fupported by the nature of the tran factions, and the circumftances in which they took place. When it is contidered that Mrs. Campbell has now for nearly five years lived in my houfe, and under my protection, and that in all that period four inftances only of guilty intercourfe or indecent fituation are fpecified by the witnefles, although thole fituations, and the whole tenor of our conduct, according to the teftimony of the fame witnefles, reprefent us as the moil unguarded and inconiiderate of human creatures, and although the witnefles reprefent themfelves as excited by the ftrongefl curiofity to difcover our connexion. When it is confidered that difinterefted witneffes fwear to the propriety of our mutual behaviour, and that there is the ftrongeft teftimony to cha- racter that can be given. When it is confi- dered that the black and fufpicious character of the plaintiff is derived from fources which cannot err, (the evidence of his father's let- ters and his own) and that attempts upon wit- neffes have been traced, fpecified, and fworn to. When all thefe things are confidered, I fubmit to my friends and the public, with anxiety, but with confidence, that I have completely efta- blifhed my innocence. It mall be the unremit- ting object of my life, to confirm the belief of that innocence beyond the poflibility of doubt, by difcovering the means of obtaining juftice againft thofe whofe crimes have brought upon me this unforefeen and dreadful misfortune. To fecure fuccefs to this great and important object, I was told that in prudence I (hould poftpone the preient publication.: in compliance with this fuggeftipn I deliberated, but found the continu- ance of fuch an exertion totally deftructiye of my peace of mind. i APPEN- No. I. Captain Campbell to his Wife. London, Feb. 15, 1788, A A M at a lofs how to write, accufed of every thing that is bad, and every thing to make a woman mife- rable, &c. I never fhall forget what has paffed be- tween your mother and me j to her I fblely impute all my misfortunes all I have fuffered, and all that I have yet to fuffer , and although I never will fhew her my feelings, 1 never can be at a moment's eafe in her company. This, Harriet, is your mother I am talk- ing of, &c. I have made up my mind to go to India, but, Harriet, you fhall not go with me. I was not a week married when your mother faid to me what would Jlamp any, and every, man's mifery in the marriage Jlate, &c. I am going to a country that is expenfive, and fhall have enough to do to keep myfelf, &c. (Signed) C. C. A No, NO. ir. Captain Campbell to his Wife. Monday Evening , March 31, 1 7 8 S . I HAVE obferved for fome time paft, that your fitter's governefs, inftead of knowing her diftance, has made herfclf more familiar (than I chofe to be wit- nefs to) with you. I obferved her more than once go into your room, &c. It was always your way to keep low company. It is not long fince fervants were your intimates. You are adopting the mode Mrs. M'Niel began firft the goveFnefs, {hen the governor, //'// // arrived at the mojl menial fervant in the kottfe. Do you think that I can return to you with any degree of fatisfaction, after knowing your ajfaiaM ? (Signed) C. C. No. III. Captain Campbell to his JPlfe. Chatham, July 18, 1788. I HAVE ferioufly reflected on your going to India with me, but for various reafons I wifh to propofe your remaining at home the firft feafon, and I wifh you to confult your friends upon the fubjedl, before you make any reply. I really am of opinion it will be condu- cive to both our happinefs and my intereft, which, in the end, you will find the benefit of. I hope you will have my intereft fufficiently at heart to give up all thoughts of going at prefent. I hope you will feri- oufly weigh this matter : I, myfelf, am decidedly of opinion to remain at home, in preference to your going out with me. Your's affectionately, (Signed) C. C. No. C 3 ) No. IV. Captain Campbell to bis Wife. Augujl 24, 1788. I HAVE received your letter from Ramfgate of A. the doth, and am much obliged by your fending the mufic I afked for a fortnight ago. The idea of your intended excurfion to Ramfgate, I fuppofe occupied your mind fo much, that you had not time to give yourfelf the trouble of fpeaking about it : if I wait for it till you fee me, I ajfure you I never will have it. But I did not depend on you for if , for I have already wrote R to IVJifs Macaulay to get it fent to me, &c. Do not oblige me to repeat fo often that we never meet qgain on any account whatever. It is aftoniflring to me that you have FOR THREE YEARS TOGETHER afted in direft opposition >to every thing I could wijh. If is evident you prefer living with a mother, and you are perfectly right; at the fame time I fhould expofe myfelf as a fool, were I to allow you to come to me again, &c. I fay you are not true \ no, never can I feel a moment's peace , till feas and feas divide us. I fhall go up to London and take away every article I have in that curjed houfe 1 once lived in ; and re- member you may fed before many years are over your head, the juft recompence for your conduft As I hope to be faved I never will write you again. (Signed) C. C, No. V. Captain Campbell to his Wife. (Extrafts.) Hilfea, iytb Sept. 17%*. <( YOU fhew your mother your diflike to me ; (he " told me you faid you never could like me as a huf- A 2 " band : fC ( 4 ) band : you deny it, but in all your actions you (hew it. oth happy. I do not expect to remain in Europe many days ; J requeft of you, the lad favour I have ever to afk of you never to think more of me to forget I have faults to forget I was your hufband, and never to F put pen to paper to me now or hereafter this is my lad to you for ever. Wifhing you long, long conti- puance of health and everlafting happinefs, I remain, Ever your mod affectionate hufband, (Signed) CHARLES CAMPBELL. No. ( 16 ) No. XVI. Captain Campbell to Major Hook. Hilfca, Aug. 27, 178$. MY DEAR FRIEND, A I WAS this day made happy by your letter of yefterday, and it gives me great pleafure to hear that you are fafely arrived in Europe once more, and all your little ones in good health. It is not for want of inclination that I cannot comply with your defire of B accompanying you to Scotland, as I would not hefi- tate to embrace the opportunity was it in any degree pofiible; fituated as I arn> you may reft aflured the object of my going, which you allude to, would be very pleafing to me, and I have only to regret that it lies C out of my power. I have every inclination to come to a perfect underftanding with a father, and to part on good terms, when the chances mod probably are that we never meet more. If inclination did not prompt me, it would be my intereft to wifh it j but I D allure you, laying every interefted view afide, I Ihould feel it as an happy hour. You will naturally wifh to know my reafons, and the obftacles which prevent my accompanying you : in the firft inftance, from the ftate of the regiment I E am the only Captain at quarters, and in a few days the command of the regiment falls upon me : as our Lieu- tenant-colonel never refides here, in order to accom- modate another gentleman, Captain in the regiment, who is married, and goes to Scotland to bring his F lady here, I have undertaken the paymafter's accounts for him during his abfence, and are doubtlefs apprifed of the neceffity of my conftant attendance on this ac- count. Independent of thefe reafons, I would not think ( 17 ) think it fafe to be abfent any time from the regiment, A as we expect to leave this in the firft fhips, and fhould there be a fudden order for embarkation, which hap- pened before, and which mod probably will happen again, to keep the real intent as long as poffible from a raw body of men, would be hurrying me very much, B and be attended with very great inconvenience to Mrs. Campbell in preparing for any fudden embarkation, provided I can arrange my affairs fo as to be able to take her with me. I hope, however, I (hall fee you before you leave London, and if you will let me C know when you are decided on going, I will be in London for a day or fo j let me know your addrefs, and believe me, MY DEAR FRIEND, Your moft affectionate (Signed) CHARLES CAMPBELL. XVII. . Captain Campbell to Major Hook. Wife a, Aug. 30, 1788. MY DEAR FRIEND, I AM juft favoured with your letter of yefterday. With regard to the importance of going to Scotland, it does not ftrike me fo forcibly *as it does you. My friend, you ought to know my father's difpofition well ; irideed, the laft time you was in Europe you had good reafon. I cannot judge whether you have had any letter from him on the fubject ; but I have fb re- peatedly been difappointed from interccffion of friends, C that C ' ) A that I am perfectly of opinion, that the lefs the fubje& is mentioned to my father, the fooner a perfect under- ftanding will take place; and, indeed, at prefent I know of no great mifunderftanding between us. My father, from his manner of living, has contracted dif- B ferent ideas, and there is no harm in father and fon not being of the lame fentiments after a certain period of life j particularly in the fituation our families are in : independent of this, I could not think of going to Scotland to make him a vifit, unlefs he was previously "C prepared to expect, me, and that he expreffed the wifjk to UK himfelf, which I have ever told I -at ail times would be happy to embrace. It is confident for fons, at all periods of life, to have due refpect for parents ; but parents are only parents while they aft as fuch, and D the moment they alter and are defirous of fhewing themfelves as parents, filial refpect requires that every thing fliould be forgot -and my heart inclines me to forget that conduct, that I would not have expected even from my bittercft enemy. Though my father E had not the early advantages of education, but enter- ed early into life. from his great intercourfe with mankind, and an experience acquired by long fervices, and fuccefs far exceeding his once grtatejk a?nbition y he ought to have curbed a difpofition that he was certain f would tend to divide his whole family, and which fa- *tal experience has taught me to feel, and the whole world to fee. You fee, my dear Sir, 1 open my mind Co you as a friend, though I was too young when I laft few you to remember more than the great atten-* Q tion jkni jhcwcd to me while a boy at fchool. I hope after this you \\ill not aik me more to go to Scotland. Even independent of my flrft reafons, the (late of the regiment renders ic perfectly incompatible for me to get away, nor i* there one lingle officer of the regi- J-j merit abfcnt on leave. Afrs. Ctimpbiftl feme little time ago bad a wife to fee for friends in that pjrt of tf,* -:i-or!a ;. and t perhaps % if it 2, KQl'ht ( '9 ) not be Inconvenient to you, foe would like id go as far A, as Edinburgh ; but on this fubj eft I mitft refer yon to her- felf entirely : for my own part, I am not partial to that country, having been but very little in it ; nor have la de~ fire of feeing it> un/efs to fee myjifter, whom I really be- lieve to be a good woman. B In regard to my profpe&s in India, I afiure you I go with the idea of fpending rny time as happy as I can. I know there is nothing to be got in my profef- fion in this country, fomething may by chance fall to my fhare in India as it has to others : but think your- C feif, do you not believe that what you have acquired is dearly bought, when you confider the period of time you have been abfent from your native foil ? I go de- termined to like the country, becaufe I cannot better myfelf becaufe I am too young to be idle : but I af- D fureyou, was I ten years farther advanced in life, a very little would fatisfy me to remain in England : but at prefent a good deal would not induce me to give up m Y foppofed prbfpecis in India, or retire from an active life. I wifh to know when you purpofe leaving Lon- E don, as in all probability, in the courfe of a month or lefs, I ftiall be obliged to be in London to fend down my cloaths, &c. &c. and to fettle fome little matters that I have to do, as moft probably I fhall be no more, in London after it, and then only for two t\ days. I hope you will be able to make out your in- tended excurfion to Ramfgate, as I am fure you will make Mrs. Frafer, Mrs. Campbell, and all the family tery happy ^ I am perfectly fatisfml it is through your goodnefs G of heart that you have pfopofed my going to Scot- hand, and I allure you I feel it fc- believe me, My DEAR FRIEND, Your molt affectionate, (Signed) CHARLliS CAMPBELL. C 2 No XVIII. Captain Campbell to Major Hook.* White Houfe, Wedneflay Night, Eight o'Chck MY DEAR. FRIEND, I AM this moment arrived here from Invcrary j I [A am fo fatigued, that I cannot come on, but have fent to flop your proceeding till I arrive with you. It is a long two days you have been in Kintyre, and my Feelings have been well tried, more than I ever ex- pected. I have wrote Mrs. Campbell to meet me in B a chaife, after (he has breakfafted, early. I have de- fired her to be alone, as I want it mod particularly, therefore hope you will fee it done. Write me by her. Till to-morrow adieu; C. C. No. XIX. Captain Campbell to Major Hook. Inverary, Friday Night. Mv DEAR FRIEND, I AM ' come this length, and fet off to-morrow morning for Glafgow. Alas I whai has my rafhnefs brought on my mind I canno.t defer ibe may you be more calm, and your feelings more at peace I * The above is the threatening letter alluded to in the one of the fame date from Captain Campbell to his wife. fincerelv fincerely hope, and my Harriet Alas ! why did 1 write what I never meant, or never, never could have exprelfed (he forgives yes but that is not enough to quiet my feelings, confcious of having wrote what&e never deferved I am quite overcome farewell. Your moft affectionate, (Signed) CHARLES CAMPBELU XX. Captain Campbell to Major Hook. Edinburgh, Nov. io/, 1788. My DEAR FRIEND, WHEN you reflect calmly on the difappointment B of my not having accompanied you to Kintyre, when - you know the reflections, the feelings I have experi- enced, you will not then think me fo culpable as I may now appear to you ; the undertaking of your carrying my Harriet to Kintyre, I thought and felt C moft arduous after the fatality I had experienced, after the manner my now living fifter was treated there her hufband told by common fervants of the houle, that a certain woman had defired him to fend her away. The decifion known to the world her hufband had J> made, of never entering the doors while the fame in- fluence prevailed the wifhes of my fifter to accept any invitation to that country, but prevented by thofe very feeljngs that has guided and overpowered my ac- tions in this affair. Yes, my friend, I dreaded my jr Harriet remaining there longer than the two promifed days in that Houle that had obliged a poor unfortu- nate iifter, broken-hearted, to put an end to her own cxiftencc A exiflencc from the ill-treatment fhe received there, and at an early period of life. You was twenty years abfent from that country, you know not what had pafled, or what motives had determined all my near- eft connexions to avoid that country. Your affection B for my father your friendly defire for bringing on a reconciliation between father and fon, induced you to act from your own fincere feeling?. How could I have expected, after the prefling letters of my Har- riet's father, the foft perfuafions of her mother availed C nothing, that you could have brought matters to a bet- ter bearing j yet notwithstanding this, I own nothing fhould have induced me to ufe harlh expreflions to my Harriet nothing fhould have induced me to have faid a word to hurt the friend whofe only object was D my good my intereft I wrote you of my feelings ; I could not bring myfelf to write what I have now done but I fent you a letter inclofed to my Harriet, telling you* of my intentions of going with you to Scotland ; but why my Harriet fhould have thought I? it neceflary for delicacy or appearance to conceal my wifh, I cannot fay all might have been well with my father had I gone at firft. J judged for the bed when 1 followed, and even while in Edinburgh, I was ad- vifed by all fince my wife was there, to go even but jr for a day. I had a letter from Mrs. Frafer faying, it would make her happy if I faw him, even fhould Har- riet wait on the road for my return ; however, all I can blame myfelf for is ufing a Tingle harfh word 10 my deareft Harriet, for never did fhe merit it; but the Q agitation of my feelings urged me beyond the bounds of propriety but I am the greatefV fufferer my Har- riet knows me well, and forgives ; yet J feel for what I have done, fince my father has received her fo kindly, and yet is inclined to forget all that has happened be- tween him and me, I will write a mod affectionate let- ter, and am happy to think it may avail, which I had * N. B. No fuch letter, he threatens her that he would fay fo. deipaired ( 23 ) clefpaired of, had not your friendly afliftance over-prc- A vailed. I have only now to add, that you, my dear friend, after this candid explanation of my feelings, and the caufes from whence they fprung, will do me the juftice to put a better- conftruction on my actions in this affair than you have j at the fame time let me B allure you, that no perfon can be more fenfible and grateful for your kind endeavours, both for me and my Harriet, than I am ; had I come to Scotland with you every thing would have been explained to you on our journey before we reached my father. Your's affectionately, CHARLES CAMPBELL. No. XXI. Captain Campbell to Major Hook, Brook -ftreet, Monday. IT is impoffible that I can defcribe the feelings that have racked my mind for Ibme time pad, and that you, who have acted in the mod affectionate manner to the object of my affections, fliould have reafon to think me ungrateful. Compofe your mind, that has been fo long difturbed on your dear niece's account, and truft that hereafter all will be well. On the moft ierious reflection, my actions will be guided towards her whom you fo much feel for ; I truit to God, fuch as will be latisfactory to you, and inftrumental to the future happinefs of her I moft love. I would yet wifh to fee you, if you will permit me, before 1 leave Lon- don, which will be very fbon. Your affectionate (Signed) CHARLES CAMPBELL. No. No. XXlt. Hook td Col C. C. dated London, ijl Sep* t ember) 1788. (After a paragraph on bu/inefs.) A cr I WOULD now proceed to indulge in a vifit " which I have long wifhed to have it in my power to cc pay, and as I cannot but feel myfelf fincerely inte- " refted in every thing that concerns the happinefs of (t an uncle, and the latter part of a life that has con- B ft ferred fo many advantages on his relations, it fhall * c be my unceafing fhidy to mediate conciliation ; and as there is fo near an approach of a long feparation between your fon Charles, on the eve of embark- ing for India, and his good father, I could not help afking him to accompany me, he tenderly expretfed " that fuch a meeting would be an happy hour, and " with modeft referve left me to conclude that the un- ]thSept. 1788. MY DEAR ARCHY, {Being all matters of bujlnefs no ways connected, till) '. AS to Charles, I would with pleafure A comply with your requeft of defiring him to accom- pany you herej was it not for very fubftantial reafons, which I doubt not will appear fatisfactory to you at meeting ; therefore he had much better remain with his corps. Take your own method of mentioning this. (Concludes upon bufmefs.) Your uncle* CHARLES CAMPBELL. XXIV. Colond Charles Campbell to Major Hook. YOUR card, my dear Archy, has furprifed and B aftoniihed me fo much, that I am quite unhinged and made almoft diftracted ; not, I aflure you, on account of Charles's conduct, becaufe it is all of a piece with his behaviour for ten years back ; it is poor Harriet, whom I pity from the bottom of my heart, and who I declare I love as much as ever a man loved his D own A own daughter, and whofe happinefs I have as 'much at heart as you could wifh; but, alas! at prefent, it is entirely out of my power to give her the confolation fhe fo much merits. I would comply mod chearfully with your defire in any thing but going to Saddle, B which I would not take the world to do, becaufe I know my own temper fo much, that a meeting with Charles would be fuch as to expofe us both for ever to the talk of the world In fhort, I am already almoft in a fever, and can fcarcely hold the pen in my hand. C This attempt of his to force a reconciliation with me, exceeds all attempts ever made by mortal man ; and not a perfon but himfelf would have thought of it : he muft now go back as faft as he came, for if he was to come here, or remain in the country twelve months, E pofitively I would neither fpeak to him, or receive him into the houfe. You know I told you what a felfiih, opiniated, wavering, reftlefs difpofition, he had : in fhort, my dear Archy, nothing poffibly can ever re- form him, but a firm, Heady refolution not to give F way to him in any refpect, for while a hope is left of yielding to him, there will be no end to his unreafona- blenefs. You have really a difagreeable tafk, and I pity you moft fincerely. I repeat, that Charles will never obtain either favour or countenance from me G by following fuch conduct as hitherto ; and he ought to know, from the intimation frequently made to him- felf, that I have done more for him than he deferves. To conclude, by Heavens, I will not fee him, nor ever correfpond with him, .unlefs he returns inftantly. H Love to Harriet. I am, DEAR. AIICHY, Your moft affectionate, CHARLES CAMPBELL. P. S, In fhort, his treatment to me has been fuch as ro make me hate to hear his name mentioned ; and he mifbikes himfelf and me very much, if he fuppofes he can can fliake my fixed refolution refpecting him : no, A by G d, he fhall not ! and it requires but one ftep more to make me declare to the world that I give him up as a fon ; and if he dares to come near me at pre- Tent, that declaration fhall be made. XXV. Colonel Campbell to Major Hook. Friday night. I HAVE, my dear Archy, received your's ; I can B cafily conceive the diftrefs of mind you and poor Har- riet muft have fuffered on account of Charles's con- duel: ; and forry am I to fay, that I have long obferved Ib much ficklenefs and overbearance in his difpofi- tion, that no action man can be guilty of but I appre- C hend from him ; and had not that been my opinion, an opinion grounded upon years experience, I ihould moil certainly have, long ere this, acted towards him otherwife than I have done. I know many blamed me for what they were pleafed to call cruel treatment j but I D cared not for that, as I was perfectly convinced, in my own mind, that if I had acted otherwife, or yielded more to the whims and unreafonablenefs of my fons, I was undone ; and I have not a doubt, from what you have feen and know of them, but you will now be perfuaded I had too much caute to act as I have done. Good Mrs. Frafer-s indulgence to him has done him no/ervice; he took advantage of it, and treated her more like mafter of the houle than one under numberlefs obliga- tions : in fhort, he liars not fenfe to perceive betwixt common civility and great kindnefs : his heart is con- P 2 tinually ( 28 ) A tinually bent on fomething new, and he has the va- nity to think he is intitled to direct every thing j that his conftant teafing and plagueing people will bring every body to his way of thinking ; and the very thing which he would this night be perfectly contented to be in B poffeflion of, the next day he diflikes, and pants for fomething new ; and to you only do I tell it, that he does not care much what he fays or does to obtain his wifhes : to be plain, he is a truly bad-hearted, deceit- ful lad, and I would not give two-pence for any pro- C mife he makes., as I can allure you there is no reliance. to be put upon any thing he fays j that, with one of the worft tempers man ever pofTefled, gives a moft me- lancholy chance of his ever reforming. I ihall, how- ever, write him what you defire ; but reft allured, it D will avail little, as I fhould not in the Icaft be fur- prifed that, though he promifed to allow Harriet to remain in Europe, he repented the moment the (hip was to fail, and returned for her. For my own part, I know no way of treating him, but not to give way to E him in any thing ; for when he rakes it in his head, that by obftinacy, paffion, and fractioufnefs, he will fucceed, he will perfevere ; but if any body would fliew a difinclination to yield to his unreafonablenefs, he would foon fee his own folly ; and the fame difpofition will F make him behave to Harriet with cruelty, if fhe does not fummon courage to fpeak to him, and threaten to demand a feparation for bad ufage. Confider of this, and act accordingly. I really think you had better com- municate to me on paper what you have to lay, rather G than tome here, as your coming would occafion many conjectures, fome perhaps favourable, and fome as much to the contrary ; and when you get to London, let me know how he conducts himfelf. Be fure to let Harriet keep the lad threatening letter fhe got from H Charles i for if matters come to an extremity, fne can fhew reafon for complaint again!! him. Mrs. Frafer will now lee, when roo late, how much fne was'de- % ceivtd ceived in him, and how little regard flie paid to the A> opinion I gave her of him : nay, I really believe (he was bewitched by him, for every thing he faid to her \yas gofpel, and every fault I told her he had, (lie be- lieved proceeded from my ignorance, or want of knowledge of mankind. Had fhe treated him as a B perfon dependent upon her good offices and friendfhip, it would have humbled him, and made him lefs ty- rannical ; but he found out her fweet, friendly temper, a.nd he has made a mod ungenerous ufe of it. In ihort, from my foul do I believe he does qot care if C fhe, me, and all that belonged to us, were in mifery, fo he gets what he wanted by it. I alfo believe, from my foul, that he is as bad a tempered man as exifts, void of affection and gratitude. I have faid fo much, that I am allured you are tired and diftrefled at my opinion ; I) but to you I divulge the fecrets of my heart. Comfort I never had by fons, nor ever expect ; and I do not know but even you might, before you were fo well ac- quainted, with Charles and my other fbns' difpofitions, think I -..was to blame ; but believe me, dear Archy, had E I acted otherwife to fuch unfeeling beings, I might this day be a beggar, as I am convinced it would give joy to have all I am poffeiTtd of divided amongft them, if I fhould ftarve. Farewell, love and bleffings attend you and Harriet. Your moft affectionate uncle, CHARLES CAMPBELL. No. XXVI. Colonel Charles Campbell to Major Hook. MY DEAR. ARCHY, THE accompanying is wrote that yon may read it to Charles, and it is potitively my fentiments in every refpecl, ( 30 ) A refpect, as I would not take the world and fpeak to him. In fhort, his treatment to me has been fuch, that I Can fcarcely bear to hear his name mentioned j notwithftanding which, to give Harriet all the comfort in my power, if on his return to London he writes me B fuch a letter as his conduct entitles me to expect, I fhall write him back what we agreed upon. This is all 1 can promife, and I truft when you fincerely con- fkler what I faid to you concerning Charles, you will not only pity me, but approve of my fixed deter- C mination. Love and bleffings attend Harriet. I ever am, Your uncle, CHARLES CAMPBELL. P. S. I befeech my dear Harriet and you to put the true eonftruction on my refufing to comply with your requeft. I repeat again and again, if I was to get the whole univerfe I would not fee him. I lhall certainly j) write Ihortly to Mrs. Frafer and Harriet. Charles's conduct will never lefien my regard for them ; on the contrary, if you do not fhew firmnefs towards him, he will have the vanity to think, that by continuing to plague, he will at laft be fuccefsful j for that, 1 affure E you, is his difpofition, and by it he has already loft many good friends : nothing can reclaim him but every body's convincing him he has nothing to depend upon but r his own good conduct. Mrs. Frafer ought not to give too much way to his humours, for he will jr overbear and command with haughtinefs where he can. Farewell, my dear Archy, Heaven preferve you from fuch grief and heart-break from fons, as I am con- flantly meecing with. The fooner and more privately you get out of this country the better. Hard hard fate, to have fo unexpected and difagreeable a compa- nion with you. C. C. No, No. XXVII. Colonel Campbell to Major Hook. MY DEAR ARCHY, I DELAYED thus long in expectation of hearing ^ of your arrival in London, which I hope happened be- fore this time, without any accident to either you or poor Harriet. Inclofed is a letter for Charles, which, after perufing, you may deliver either open or fealed, as appears beft to you ; in it I have expreffed j> the fentiments of my heart, and what I am unalterably determined upon ; and I think it better for both him and me to know what he has to depend upon, rather than be conftantly plaguing my foul : and I am per- feftly convinced, the ftrifter he is obliged to keep to ^ his duty, and the lefs hopes he has of pecuniary aid, the more he will attempt doing for himfelf, at leaft, if he has either prudence or ambition ; for I know his reftlefs begging difpofition fo well, that until he is made thoroughly fenfible of the folly of depending - upon others for affiftance, he never will exert himfelf like a man, fo that he may be independent. I have hitherto faid fo much to him, and it has always been fo much difregarded, that to tell you the plain truth, my hopes are by no means fanguine of his ever being what - I wifli him to be. Good Mrs. Frafer muft really fummon courage and fpxrak freely her fentiments to him j the goodnefs of her heart, and tender re- gard for her children, he has mod certainly long fince takt;n the advantage of, and treated her rather as one - dependent upon him than otherwife. And I repeat, he and all his brothers are of fo arbitrary, overbearing tempers, that they will domineer over every perlbn who A who wiJI fubmit to it, and of all of them, he has riot the leaft of that difpofition, as I doubt not, you have, long e'er now obferved. In Ihort, my fole dependence on his afting at all properly, is from the impreffioa your advice makes upon him, therefore, will fay nd more on that fubjeft. Your uncle, CHARLES CAMPBELL. ar, zytb Nov. 1788. This letter concludes with a paragraph upon money matters, not appertaining to the above. AFFIDAVITS. AFFIDAVITS. AMES CROSBY, of Thames Ditton, in the A county of Surrey, maketh oath and faith, that he knows 'Major Archibald Hook, and Captain Charles Collins Campbell, and Harriet his wife, and hath fo known them for fome years pad : And this deponent faith, that he came from India with the faid Major B Hook, and arrived in England on or about July, 1788, and lived with him till the April following: And this deponent further faith, that he accompanied the faid Major Hook and Mrs. Campbell to Scotland, as far as Campbell- town, in Argylefhire, and returned C with them to Brook ftreet, and married in the faid Major Hook's fervice about April, 1789, whereupon this deponent quitted his fervice, and fet up a fhopj but that not anfwering, he, this deponent, returned to the faid Major Hook again in October, 1791, and lived D with him 12 months : And this deponent faith, that on the return of Major Hook and Mrs. Campbell from Scotland, the faid Major Hook lived at a hotel till a houfe was taken at Walton, about which time he, this deponent, thinks that the faid Major Hook E flept a few nights at Brook-ftreet, but never before lived there, having lived at Keniington : This depo- nent further faith, that in the month of December, E 1788, ( 34 ) A 1788, he accompanied the faid Major Hook and Mrs. Campbell to Walton, about the middle of the month ; that he, this deponent, always flept at the inn, and that after that they had been there a few days, Elizabeth Heron came down, and that he, this depo- B nent, left Major Hook about the beginning of May, 1789; that Captain Campbell went to Hilfea from Brook-ftreet about the beginning of December, 1788, and never was at Walton while Mrs. Frafer lived there j that he, this deponent, in the month of July, C 17911 accompanied Major Hook and Mrs. Camp- bell and family to Leoftoff, and returned to Twick- enham, and remained with them till the month of Oc- tober, 1791, when he, this deponent, quitted the faid Major Hook's fervice : This deponent further faith, D that he never law any indecent or improper behaviour between the faid Major Hook and Mrs. Campbell, nor 'did he ever fufpect any: And this deponent faith, that in travelling, and at all times, they, the faid Major Hook and Mrs. Campbell, had always feparate apart- E ments : This deponent further faith, that on or about the i4th day of November, 1792, one Samuel Jackfon, who had formerly been fervant to Mrs. Frafer, and now keeps the Betty Chop-houfe in the Strand, went to this deponent's houfe at Thames F Ditton, and told him that Captain Campbell was with him, the faid Jackfon, and at the inn : And this deponent faith, that he, Jackfon, accofted him as follows : " Crofby, I am come to you about a bufi- " nefs in which, if you will fpeak the truth, it will be G " pounds and pounds in your way. Have you not " iccn Major Hook frequently going into Mrs. Camp- " bell's bed-room r" To which this deponent made anfwer (expreffing his furpriie at fuch qneftion) yes, that he, this deponent, often faw Major Hook in Mrs. H Campbell's room when other people were there alfo : And this deponent faith, that he, Jackfon, went to the inn where Captain Campbell then was, feemingly mucli ( 35 ) much difappointed : This deponent further faith, that A the faid Jackfbn came again to his houfe, on or about the 2 jd day of December, 1792, and after infinuating a great deal of what other people were to fay regarding the conduct of Major Hook and Mrs. Campbell, he, the faid Jackfon, again endeavoured to prevail on B him, this deponent, to fpeak : And this deponent further faith, that he was afterwards ordered in by Mr. Hawkins to the faid Jackfon's houfe, and that Jie, the faid J^ckfon, faid to him, in the hearing of feveral of the witneffcs, " Crofby, come, you feem low ; I C ff know you will fay the fame as other people when " you will appear at the trial ; Major Hook knows he " will lofe the day ; it is not the firft time I have before Hugh Cleghom, Efq. One of His Majeftfs Juftices of the Peace for the County of Middlefex. HUGH CLEGHORN* B THE voluntary declaration and depofition of ELI- ZABETH WHITE, who upon her oath faith, that Hie lived in Mr. Whitehurft's houfe, in Duke-ftreet, when Major Hook and Mrs. Campbell lived there a from the month of October, 1789, to the end of April C the following year, and faith, that fhe never faw any thing improper between Major Hook and Mrs. Camp- bell : She further faith, that fhe never called Robert Green into Mrs. Campbell's bed-room, nor obferved to him the marks of two people having lain on Mrs. D Campbell's bed j and further declares, that fhe never faw fuch marks, nor had any fufpicion of them, and that fhe always made Mr. Campbell's bed : And fur- ther faith, that Mrs. Whitehurft, in confequence of fome obfervations of Robert Green's, defired her and E Alice Harpur to obferve, which they did accordingly, and informed her, that they had never feen any thing improper : A.nd further faith, that fhe remembers the night on which Mrs. Campbell went into the flreet, when Robert Green went after her, and brought her back, ( 39 ) back, and when fhe fhut herfelf up in Mr. Whitehurfl's A parlour : She further faith, that fhe was with Mrs. Campbell on the flair, and attended her up to bed, and did not then, or at any other time, hear Major Hook make ufe of the following cxprefTions, " You are a " whore, a damned whore, and the worft of whores :" g And this deponent further faith, that no fuch expref- fions could have been ufed by Major Hook to Mrs. Campbell at that time without her hearing them, be- caufe fhe was never a moment abfent from Mrs. Campbell, from the time fhe fell on the (lair until fhe, C this deponent, put Mrs. Campbell to bed : And this deponent further faith, that (he did not, on that night, or on any other, during Major Hook's refidence in Duke- ftreet, hear the cry of murder: And further faith, that fhe heard Robert Green fay, " That he would make D " Major Hook fuffer for it, if he would turn him Ic away j and that he would find ways and means to " make the old rafcal's money fly." This deponent further faith, that Mr. Whitehurft, Alice Harpur, (his niece) and this deponent, were in the houie on that ]? night ; but that the threat about making his money fly was faid to her alone in the fcullery. ELIZABETH WHITE. Sworn at Brentford, this qth day of March, 1793, before Hugh Ckghorn, Efq. One of His Majejly's Jujlices of the Peace for the County of Middle fe** HUGH CLEGHORN. MAR- ( 40 } ALICE JONES, of Duke-ftreet, Manchefter- fquare, in the county of Middlefex, maketh oath, and faith, that fhe knows Major Archibald Hook, and Captain Charles Collins Campbell, and Harriet his wife : And this deponent faith, that (he lived with Mr. " Henry Whitehuruft, of Duke-ftreet, at the fame time when the faid Major Hook and Mrs. Campbell came; and took lodgings in the faid Mr. Whitehurft's houfe, and that fhe, this deponent, was in the fame houfe all the time that the faid Major Hook and Mrs. Camp- ^ bell lived in the faid lodgings, during all which time Ihe, this deponent, never faw any indecent or impro- per intercourfe between the faid Major Hook and Mrs. Campbell : And this deponent further faith, that fhe remembers one evening; during the time the faid Ma- DC? O jor Hook and Mrs. Campbell had the faid lodgings as afbrefaid, that Mrs. Campbell ran out of the houfe; into the ftreet, about eleven o'clock at night, and that Robert Green went after her, and brought her the faid Mrs. Campbell back, when fhe the faid Mrs. Camp- E bell went into the parlour : And this deponent further faith, that fhe did not hear the faid Mrs. Campbell, or any other perfon, cry out murder ; nor did fhe this de- ponent hear the faid Major Hook > either that even- ing, or at any other time whatever, fay to the faid IF Mrs. Campbell, c: You are a whore, a damn'd whore, " and the worft of whores :" And this deponent alfo faith, that the abovementioned houfe is fmall, and that Mrs. Whitehurft, Betty White, and herfelf, this deponent, who Jived there during the faid Major Hook G and Mrs. Campbell's refide^ce in the faid houfe, wae very quiet and regular in their hours : And fhe this deponent thinks, that if anv fuch exprcfiions had been ufed ( 41 ) tifed, fhe muft have heard them, which fhe this depo- A nent declares fhe did not. ALICE JONES. Sworn at London, in tie County ofMiddkfex, this $d Day of April, 1793, before Hugh Cleghorn^ Efq. One of his .Ma- J e Jfy's Juflices of , the - Peace for the County of Middlefex. HUGH CLEGHORNi MARGARET BUCHAN, Cook to Major Hook, friaketh oath and faith, that fhe knows the faid Major Archibald Hook, and Captain Charles Collins Camp- bell, and Harriet his wife : And this deponent faith, that fhe entered into the faid Major Hook's fervice in the year 17911 in the month of October, and conti- nued in it till the May following; and that fhe never faw, or heard, or even fufpecled any thing improper between the faid Major Hook and Mrs. Campbell. M.B. Szuorn this nth day of March, 1 793, at Twick- enham, before Hugh Cleg- horn, Efq. One of His Majejlfs Jujlices of the Peace for the County of Middlefex. " HUGH CLEGHORN, FLORA A FLORA STEWART, native of India, and fer- vant-maid to Major Hook, maketh oath, and faith, that fhe knows the faid Major Archibald Hook, and Captain Charles Collins Campbell, and Harriet his wife j that fhe lived many years with the faid Major B Hook, and came from India with him : And this de- ponent faith, that fhe was at Walton during the time 1 that the faid Major Hook and Mrs. Campbell were there, and that the faid Mrs. Campbell was in a bad ftate of health : And this deponent faith, that fhe ne^ C ver faw or fufpe&ed any improper conduct between the faid Major Hook and Mrs. Campbell : And this deponent further faith, that at Eaft Bourn bathing- place, where fhe accompanied the faid Major Hook and Mrs. Campbell, and the family, fhe, this depo- D nentj an d Maria Stewart, another native of India, flept on the fame floor with Mrs. Campbell, and that fhe, this deponent, neither there or any where elfe, at any time, ever faw or heard any improper behaviour or exprefiions between the faid Major Hook and Mrs. E Campbell : And this deponent further faith, that Jane Grimes, who was then cook, never told her, while ac Eaft Bourn, that fhe, the faid Grimes, had feen or heard any thing improper. This deponent faith, that Ihe doth not remember when fhe went to Walton, nor F can fhe fpeak as to time -, and that fhe could not fpeak or underftand much Englifh when fhe came home, and but very little of it even now ; And this deponent further faith, that at Eaft Bourn the faid Mrs. Camp- bell and Mifs Hay, with Major's Hook's two daugh- p ter's, flept in one room, and that Major Hook and his fon flept together in the next; and that Maria Stewart flept with this deponent in the room oppofite to that in which the faid Major Hook and his fon flept : She further C 43 ) further faith, that Jane Grimes and the man-fervant, A Arthur Bane, flep on the garret. , her FJ.ORA + STEWART, marjc. Sworn at Twickenham, this i ith day of March, 1 793 > before Hugh Cleg- horn, Efq. One of His Majefty's Juftices of the the Peace for the County of Mddlejex. HUGH CLEGHORN, MARIA STEWART, native of India, and fer- B vant-maid to Major-Hook, maketh oath and faith, that (he knows the faid Major Archibald Hook, and Cap- tain Charles Collins Campbell, and Harriet his wife; that (he lived many years with the faid Major Hook, and came from India with him : And this deponent faith, that fhe was at Walton during; the time that the C * *J faid Major Hook and Mrs. Campbell were there ; and that the faid Mrs. Campbell was in a bad ftate of health : And this deponent faith, that fhe t never faw or fufpefted any improper behaviour between the faid Major Hook and Mrs. Campbell : And this deponent D further faith, that at Eaft Bourn bathing -place, where fhe accompanied the faid Major Hook, Mrs. Camp- bell, and family, fhe, this deponent, and Flora Stewart, another native of India, flept on the fame floor with Mrs. Campbell ; and that fhe, this deponent, neither there nor any where elfe, at any time, ever faw or heard E any improper conduct, or expreffions, between the faid F 2 Major ( 44 ) A Major Hook and Mrs. Campbell : And this deponent further faith, that Jane Grimes, who was then cook, never told her, while at Eaft Bourn, that fhe, the faid Grimes, had feen or heard any thing improper : And this deponent faith, that fhe does not remember when B fhe went to Walton, nor can fhe fpeak as to time j and that fhe could not fpeak nor underftand much Englifh, when fhe came home, and but very little of it even now: And this deponent further faith, that at Eaft Bourn the faid Mrs. Campbell and Mifs Hay, with C Major Hook's two daughters, flept in one room, and that Major Hook and his fon flept together in the next, and that Flora Stewart flept with this deponent ' in the room oppofite to tbnt in which Major Hook and his fen flept : And this deponent further faith, D that Jane Grimes and Arthur Bane, the man-fervant, flept in the garret. her MARIA + STEWART, mark. Sworn at Twickenham, this i itb day of March, 1 793, before Hugh Cleg- horn, Efq. One of His Majeftfs Jujiices of the Peace for the County of Middlefex. HUGH CLEGHORN. E MARY CROSBY, of Thames Ditton, in the county of Surry, inaketh oath and faith, that fhe knows Major Archibald Ho 3k, and Captain Charles Collins Campbell, and Harriet his wife ; And this de- ponent ( 4.5 ) ponent faith, that fhe lived with Mrs,. Frafer at Wai- A ton ; and that Ihe, this deponent, ufed to affift in making the beds; that fhe never faw any thing inde- cent or improper between the faicl M?jor Hook and Mrs. Campbell : And this deponent further faith, that fhe afterwards lived with Major Hook and Mrs. B Campbell at Twickenham, and accompanied them to Loeftofffea- bathing, and returned with them, the faid Major Hook and Mrs. Campbell, to Twickenham, and left Major Hook's fervice in the month of Octo- ber, 1791 ; during which time,, this deponent faith, C that fhe never faw, or even fufpefled, any indecent or improper behaviour between the faid Major Hook and Mrs. Campbell : And this deponent further faith, that on or about the i4th day of November, 1792, one Samuel Jackfon, who had been formerly fervant to Mrs. Frafer, and now keeps the Betty chop-houfe in D the Strand, came to her houle at Thames Ditton, and, in the deponent's hearing, faid to her hufband, James Crofby, " Crofby, I am come about a piece of bufi- " nefs, in which, if you fpeak truth, it will be pounds ft and pounds in your way : Have you not feen Major " Hook in Mrs. Campbell's bed-room?" with other E words and expreffions to the fame effect : And this deponent further faith, that on or about the 2jd of December, 1792, he, the faid Samuel Jackfon, came again to her houfe, with Mr. Hawkins's clerk, and after fhewing papers, which they faid contained 'the F depofitions of other witneifes relative to Major Hook, they endeavoured, by queftions and other expreflions, to induce them, the (aid James Crofby, and this depo- nent, to fpeak on the fame fide: And this deponent faith, that fhe and her hufband were both afterwards G ordered in by Mr. Hawkins, to the faid Jackfon's houfe : And that he, the faid Jackfon, faid to James Crofby, this deponent's hufband, in the hearing of fe- veral of the witnefTes, " Come, Crofby, drink, you '? will fay the fame as the reft, I know, when it comes "to ( 46 ) A ff to the point : it is not the firft time I have given "ten guineas for an oath, for the bed man in the " land :" and words to the fame effe<5t : And this de- ponent further faith, that {he had almoft conftant op- portunity of obferving the conduct of the faid Major B H'.iok and Ms. Campbell, and never faw or obferved the lead improper behaviour. MARY CROSBY. Sivorn at 'Twickenham, this 1 1 th day of March, , 1793, before Hugh Cleg- horn, Efq. One of His JMaje/ly's Juftices of the Peace for the County oj frliddlefex. HUGH CLEGHORN, MISS MARY HAY, of Hammerfmhh, in the county of Middlefex, maketh oath and faith, that fhe knows Major Archibald Hook, and Captain Charles Collins Campbell, and Harriet his wife : And this deponent faith, that on the ijth June, 1792, ihe ac- companied the faid Major Hook, and Mrs. CampbelJ, and family, to Eaft Bourn bathing-place, where they, the faid Major Hook, Mrs. Campbell, and this depo- nent, remained till about the 2ythday of July follow- ing : And this deponent further faith, that while at Eaft Bourn, the faid Mrs. Campbell and Major Hook's daughters, and fhe, this deponent^ flept in one room, and that the faid Major Hook and his ion flept in an adjoining room : And this deponent further faith, that i two ( 47 ) two women, natives of India, flept on the fame floor A in a room oppofite to that in which the faid Major Hook and his fon flept, and that the fervant-man and a cook-maid (commonly called Jane) flept in the gar- ret apartments : And this deponent faith, that Ihe was constantly with the faid Mrs. Campbell and Major B Hook's daughters, and that they, the faid Mrs. Campbell, and Major Hook's daughters, and this de- ponent, ufed to bathe in the morning before breakfaft, and from that time till dinner generally employed hear- ing the faid Major Hook's children reading and prac- C tifing mufic and drefling for dinner, and that in the evening they commonly walked: And this deponent further faith, that neither then at Eaft Bourn, nor at any other time when fhe had been at Major Hook's houfe, did fhe fee or hear, or had reafon to fuppofe, D any thing inconfiftent with the higheft honour and the molt refined practice of virtue. MARY HAY. Sworn at Hammerfmith, this 1 2th Day of March, 1 793, before Hugh Cleg- born, Ejq. one of His Majefty's Juftices of the Peace for the County of Middlefex. HUGH CLEGHORN. MRS. MAGDALINE LOGOUX, of Harley- E ftreet, in the county of Middlefex, maketh oath, and faith, that Ihe knows Major Archibald Hook, and Cap- ( 48 ) A Captain Charles Collins Campbell, and Harriet hl$ wife, and hath fo known them for fome years paft$ and this deponent faith, that fhe went to live with Mrs* Frafer, the mother of the faid Mrs. Campbell, fome time in the month of February, 1788, as governefs B to Mrs. Frafer's youngeft daughters, at which time Captain Campbell and Mrs. Campbell were living with Mrs. Frafer, and this deponent continued in Mrs. Frafer's family for three years, or thereabout : And this deponent further faith, that very foon after fhe C went to live with Mrs. Frafer as aforefaid, (lie obferved that Captain Charles Campbell and Mrs. Campbell were lipon very bad terms ; and that as her chamber was near the room in which they, the faid Captairi Campbell and Mrs. Campbell flept, fhe, this depo- ) nent, often heard violent quarrels between them after they had retired to their chamber, and that on one of thofe occafions, Mrs. Frafer was obliged to go tor them, the faid Captain Campbell and Mrs. Camp- bell, and take the faid Mrs. Campbell into the faid Mrs. Frafer's room, and that the faid Mrs. Campbell was very ill for the greateft part of the night ; thai Mrs. Campbell was in general fo much affected with thofe quarrels, that Mrs. Frafer was frequently obliged to remain with her fome time after them: And this J? deponent faith, that not wifhing to pry into family concerns, is not particular as to the caufe of fuch quarrels, but that they were very frequent : And this deponent further faith, that Captain Charles Collins Campbell did not pay that attention to Mrs. Harriet G Campbell his wife, which this deponent thinks fhe, the faid Mrs. Campbell, deferved, and that he was very much from home, and. often ttaid out till two o'clock in the morning : And this deponent aifo faith, that Captain Charles Campbell left Brook-ftreet about the H beginning of December 1788, and never vifited Mrs. Campbell, (who afterwards lived at Mrs, Frafer's houfe ( 49 ) houfe at Walton) as this deponent verily believes : A And this deponent further faith, that whilft he, Cap- tain Campbell, was fo abfent from the faid Mrs. Camp- bell his wife, there were frequent quarrels between Mrs. Frafer and Mrs. Campbell, and that they gene- rally happened after they, the faid Mrs. Campbell and B Mrs. Frafer, had received letters from Captain Charles Collins Campbell, and that Mrs. Campbell was fre- quently indifpofed in confequence of fuch quarrels, and that her health vifibly fuffered by them : And this deponent faith, that the faid Mrs. Campbell endea- C voured to conceal her fituation from the world, and this deponent verily believes that no perfon, except Mrs. Frafer (mother to Mrs. Campbell) knew what ihe, Mrs. Campbell, really fiiffered : And alfo faith, that Captain Charles Collins Campbell feemed to her, D this deponent, to be of a jealous temper; and that he, the faid Captain Charles Collins Campbell, could not bear the fmalleft attention to be paid to her, Mrs. Campbell : And this deponent further faith, that from her fituation in the family fhe, this deponent, had E more opportunities of obferving the conduct of Major Hook and Mrs. Campbell, after they went to live at Walton, than any of the fervants : And alfo faith, that fhe, this deponent, was almoft conftantly with the faid Mrs. Campbell, and went very often into her F bedchamber, and fometimes in the middle of the night : And this deponent further faith, fhe never ob- ferved the leaft impropriety of conduct on the part of the faid Major Archibald Hook towards Mrs. Camp- bell, but that he was very kind and attentive to the G whole family, and feemed to this deponent to treat the faid Mrs. Campbell and her fillers, more like a good father than a more diftant relation : And this deponent further faith, that Major Hook had been frequently at Brook-ftreet, but did not live with Mrs. fj prafer till Ihe went to Walton, he, the faid Major G tiook. ( 5 ) A Hook, having had then a houfe of his own at Ken- fington. . MAGDALINE LOGOUX. S^'orn at London, in the County of MiddlefeXy this 1 2th Day of March, 1793, before Hugh Cleg- horn, Efq. one of His Majejlfs Jujlices of the Peace for the County of Middlefex. HUGH CLEGHORN. B HARRIET CAMPBELL, of the county of Surry, maketh oath and faith, that fhe remembers the circumftance of her peevifh and petulant behaviour to her uncle at Duke ftreer., and that fhe went out one day in a job coach, and remained out till about 1 1 C o'clock at night, that fhe is not quite pofitive as to the hour, that fhe returned home in a hackney coach, ha- ving fent home the job coach before : That fhe re- members on her uncle's beginning to find fault with her, and attempting to take hold of her hand, flie, in Q a violent tone of voice, exclaimed f< Don't touch " me, I'll do as I pleafe," or to that effect, and ran down flairs and went into the ftreet ; that the fervant (Grern) came after her, and fhe immediately returned, . went rirft into one of the parlours, and then went up r flairs : That the fervant, Elizabeth White, attended her to bed, and that her uncle fpoke to her about her foolilh behaviour j fhe offered fome kind of excufe for having vexed him, upon which he made ufe of fome warm exprefTior), alluding to her fituation with refpect to Captain Campbell's mother and relations. She pofi- ( 5' ) pofitively denies having heard the expreffion from Ma- jor Hook which the fervant, Robert Green, has fworn to : and fhe folemnly declares, by this oath, that Ma- jor Hook never committed with her the crime of which he has been accufed, but ever afted the pare of a good and tender father to her in the ftricleft fenfe. HARRIET CAMPBELL, Sworn at London, this 2.6th Day of March, 1793, before me, one of His Maje/fy's Jujlices of the Peace for the County of Mddlefex. HUGH CLEGHORN. WILLIAM PAXTON, Efq. of Queen's-fquare, B Bloom/bury, in the county of Middlefex, maketh oath and faith, that he knows Major Archibald Hook and Mrs. Harriet Campbell : And this deponent faith, that his acquaintance with the faid Major Ar- chibald Hook is nearly of nineteen years (landing, during all which time he, this deponent, had frequent opportunities of obferving the conduct and character of the faid Major Archibald Hook : And he, this de- ponent, further faith, that heaver found both emi- nently diftinguifhed by a mod fcrupulous attention to j) every principle of virtue, integrity, delicacy, and ho- nour : And this deponent further faith, that the above is not only the refult of his own obfervations, but what he, this deponent, ever undeiftood to be the faid Major Hook's general character; and he alfo faith, that he, this deponent, never heard even the flighted infinuation to the contrary from any perfon G 2 what- ( 5^ ) A whatever: And this deponent faith, tli.it the fa id Ma- jor Hook, with his three children, (on whofe welfare his very exiftence feemed to depend) arrived in Eng- land in the month of July, 1788, and that his mind, from family diftrefTes, was in his, this deponent's opi- B nion, grievoufly afflicted, and his conftitution, from the fame caufe, as well as a long refidence in India, impaired to fuch a degree, that the commiffion of a crime of a lefs heinous nature than that with which he the faid Major Archibald Hook is charged, is in his, C this deponent's opinion, highly improbable : And this deponent, to evince the character of delicacy which he hath long fince fo juftly formed, and herein gives of the faid Major Hook, faith, that on this late occa- fion, when his all was at (lake, and it appeared that D the teftimony of a young lady would have been of the utmoft importance, he, the faid Major Hook, de- clined to fubpcena her to court from motives of deli- cacy, notwithftanding the prefiing remonltrances of friends and profeffional gentlemen to the contrary : E And this deponent further faith, that he faw the faid Mrs. Campbell with Major Hook in Wales, and has frequently feen her fince in the faid Major Hook's houfe, and never obferved in the conduct of either the faid Mrs. Campbell or Major Hook, any thing F but what was conformable in his, this deponent's, opinion, to the ftridteft rules of propriety as uncle and niece. WILLIAM PAXTON, Szt'orn in London tJ:ls i$th Day of Miircb, 1793, before Hugh Clegborn., Efq. one of His A%V/?v'j> Ji'Jlices of the Peace for i',:-: County of Middlejcx. HUGH CLEGHORN, No. ( 53 ) No. I. From Colonel Ironjide. No. 29, Upper Brook-Jlreet, March 16, 1793. SIR, I RECEIVED your letter of the 1 5th mftant, and A very readily accede to the requeft it contains. No gentleman with whom I had the honour to ferve, bore a fairer repute than Major Hook, for worth, and for refpect and attention to thofe moral duties and obligations, which conftitute the valuable intercourfe B of focial life. I have, &c. (Signed) GILBERT IRONSIDE. No. II. From Colond Blair. Stratford Place, No. $, March 27, 1793. SIR, I HAVE received your letter of the i5th inftant, in anfwer to which I have no difficulty in declaring, that whilft I ferved in India, I always underftood your conduct to have been that of an officer and a gentleman ; nor have I ever heard, during my refi- dence ( 54 ) A dence in that country, reflections of any kind againft your moral character. I am, &c. WILLIAM BLAIR. No. III. From Colonel Duff. London 23^ March, 1793. SIR, IN reply to your letter of the i ^th inftant, I de- clare, that during the time I had the honour to ferve with you in India, no man bore a higher character for honour, and all the principles of a gentleman, than you did ; and I am perfuaded every perfon who ferved with you will readily confirm the fame. SIR, &c. PATRICK DUFF. No. IV. From Captain Tkomas Blair. Welbeck-Jlreet t 1 6 th Mard- , 1793. SIR, C IF my declaration can in the fmalleft degree tend to remove improper impreffions againft you, I now give ( ss ) give you my permiffion to declare, that during my A refidence in Bengal for. nearly twenty years, I neither v know or ever heard of any the moil diflaat imputa- tions againft your moral character. SIR, &c. THOMAS BLAIR. No. V. From Captain Howe. ? London, March 22, 1793. SIR, I HAVE pleafure in faying, that during a reft- B dence in India of between fixteen and eighteen years, I never directly or indirectly heard a fyllable which could in any wife impeach your moral character, and if this teftimony can be ufeful to you in what you are about to publifh, 1 mall be happy to fee it made ufe C of. SIR, &c. J. HOWE. No. VI. From Major Scott. 26/ March, 1793* SIR, THOUGH our fituation in the army when we ferved about twenty years ago, kept us afunder, yet 2 I cer- I certainly have had every opportunity of knowing the eftimation in which you ftood with all the officers, and no one in the- army bore a fairer character as a moral man and a good officer ; this teftimony I bear with the utmoft readiness, and ever am, SIR, &c. JOHN SCOTT. No. VII. From Charles Ceckerelly Efq. No. 7, Seville Row, 1793* SIR, g IT having been intimated to me by a particular friend, an acquaintance of yours, that under the cir- cumftancc of the decifion lately palled againft you in one of the civil courts at law, fome teftimony to your conduct whilft in India, from thofe who had the C pleafure of your acquaintance in that country, would be acceptable to you ; I cannot delay a moment not only to exprefs my concern at what has occalioned, but to allure you that I know no perfon whofe con- duct had been confidered as more attentive to, and > tenacious of the ftricteft obfervance of every moral duty which can tend to enhance the value of the fo- ciety where we live, than that of yourfelf whilft in India. SIR, &c. CHARLES COCKERELL. TRIAL. TRIAL. /;/ the Kings Bench, Feb. 26, 1793, CAMPBELL againft HOOK, Efq. JVlR. Holroyd. May it pleafe your Lordfhip, A Gentlemen of the Jury, Charles Collins Campbell is the plaintiff, and Archibald Hook the defendant. The declaration complains, that the defendant made an aflault upon the wife of the plaintiff, and debauched, lay with, and carnally knew her, and likewife that he B has taken her away : whereby he has loft the comfort and afliftance of his wife, to his damage of 50,000!. The defendant has pleaded, he is not guilty, upon which the ifiue is joined. Mr. Erjkine. May it pleale your Lordfhip, Gen- C tlemen of the Jury, I am of counfel for the plaintiff, Mr. Campbell ; and though I feel upon this occafion for the unfortunate fituation of my client, as my fide- L lity in this place requires I muft ftate it : yet, as it \. fuggefts itfelf to me, I will fairly admit to you, if I D could difcharge from my mind the painful fenfations H he A he muft have had, if this caufe had been poftponed, or entirely put to an end, I ihould have derived parti- cular fatisfaction, as far as perfonally concerns myfelf. I do not know a more painful fenfation that belongs to an advocate, to ftate a cafe that muft bring reproach B upon human nature itfelf; which, if proved, ftrikes at all the confidence and comfort of human life. Gentlemen, the defendant, who is charged with cri- minal converfation with the wife of the plaintiff, is an uncle of the lady not an uncle by marriage, but her C mother's brother. That I am perfnaded is fufficient to engage all your attention, and excite your indignation in the caufe. I am informed the 'adultery and the inceft is to be denied, and that denial is to be infilled on as a prin- D cipal part of the defence ; for what other can exift, I cannot tell. I have no difficulty in ftating and con- ceding to my learned friend, it ought to be perfectly eftablifhed in proof: but I, in point of fact, fhall prove the adultery, and not wafte your time or mine in fta- E ting preliminary obfervatipns upon the nature of the cafe ; all I fhall do, will be to ftate the circumftances, fo that you may underftand the evidence. Gentlemen, the plaintiff, Mr. Campbell, is a Cap- tain of the 74th regiment, a fon of "Colonel Camp- F bell, of Campbell-town, Argylefhire. i The lady was- born about the year 1770, or 17715 and married in 1786; is the daughter of a Colonel Frafer, in the Eaft India Company's fei vice ; was moft religioufly educated and brought up in morals, that G unfortunately, however, have not been proof againft the feduction of this relation. It appears that Mr. Campbell being appointed to his regiment, that was raifing in Scotland, it be- came neceffary for him to attend on the recruiting fer- K vice. Afterwards, his regiment was ordered to the Eaft Indies. His wife, with whom he was living in the greareft affection, was to accompany him, and Colonel ( 59 ) Colonel Frafer's lady being to accompany them to A Hilfea barracks, at leaft it was expelled the lady ot" Colonel Frafer would have been there. When Cap- tain Campbell came to Hilfea barracks to fettle his af- fairs, and his wife was to accompany him to the Eaft Indies, there was no reluctance on her part to go- B ing ; (he (aid it was painful to part with her mother, but (he was defirous to o;o with her hufband. Whilft D the plaintiff was at Hilfea barracks, the defendant, a Major in the Eaft India Company's fervice, returned to England with a confiderable fortune : when he came C back to this country, he found his own niece under the protection of her mother, the hufband, the plain- tiff, being abfent. Gentlemen, one is forry to lay any charge of a cri- minal nature again ft any body ; I am forry to be obli- j) ged, profeffionaily, to lay fuch a charge againft any individual, much more when it is a crime againft hu- man nature which we all wear and carry about us ; but the caufe is fuch as obliges me to (late it. The moment the defendant came to England, he conceived the diabolical purpofe of debauching her from her hufband. So early was the plan offeduzi'wn on the part of the uncle, that the hufband found, before the uncle had been three weeks in England, a differ- ence in the ftile of her letters. She began to raife ob- p ftacles againft going to the Eaft Indies. There was fomething dreadful and aftonifhing in the ftile of thofe letters, and he could not guefs what the meaning of it was, it did not occur to his mind how fhould it ? How was it poffible he could conceive there could be. Q any criminal intercourfe with her uncle ? yet he faw fhe was under his influence, and fhe was to take a journey to Scotland under pretence of vifiting the fa- ther. Without making any farther animadverfions upon it, that which took place was, that notwithftand- pj ing all he could do, his wife was adverfe and contrary to his inclinations, and the advice of the uncle had led II 2 her ( 6 ) A her mind to obey his will and inclinations inflead of her hufband's. Soon after this the plaintiff embarked with his re- giment to the Eaft Indies. The defendant had had the art to procure even the father of Captain Campbell to B infift upon his uncle taking a fort of guardianfhip and charge of the plaintiff's wife. The plaintiff and his father, I am told, had been at variance, and the de- fendant blew the coals. He went down to Scotland, and carried his lady with him, and pretended there had C been great quarrels between her and her hufband, and that it was unfafe for her to accompany him to the Eaft Indies, and that fhe had better remain with the mo- ther. All this while, as I fhall prove, he was carrying on this feduction that gives rife to this caufe. The D defendant's purpofe was carried on for fome time. The niece remained under care of the mother, till fhe (Mrs. Frafer) went to the Eaft Indies to ker huf- band, and he remained in a connection with this wo- man, pretending he fhould take care of her as a pa- E rent, during which time he held this inceftuous com- merce. As the witnefTes come from the other end of the town, I fhall not perhaps be able to begin with that witnefs who is to prove what is very material to this caufe. That before the defendant, the uncle F of this lady, had been three weeks in England, under pretence of going to the father, i fhall be able to prove the defendant was in fuch a fituation with her, as to be able to feduce her; (though I do not afk you to be- lieve it as proof of adultery,) it will be fufficient to G convince you he had caft his eyes upon her at that time, and therefore every thing that happened after- wards, muft be referred to that criminal purpofe which at that time had taken poiTeffion of his mind. This was three or four weeks after the plaintiff was at H Hilfca barracks, and it was in that place he firft law a change in his wife's correfpondence. It was in that place he firft found, but did not know, why her affec- tions tions were eftranged from him, and of which he com- A plains now ; and that her uncle had given directions to fupply her with fine clothes, and accuftomed her to difljpation, which at firft feemed to be only the effects of an indulgent and affectionate parent, but in the erd proved deftructive and of bad confequence to him ; fo B far was he from imagining that inceftuous commerce took place. My learned friend comes here to main- tain, that his client is not only innocent of the inceftuous commerce, but that his mind and imagination never fuggefted fuch intercourfe. If that is to be fet up, it B never can be fuggefted that fuch inceftuous commerce has not in fact taken place. 'To Captain Campbell it was difficult to believe it when he heard it, when he came firft from the Eaft Indies. I underftand, and I am extremely glad the caufe has not gone off upon ac- D count of the great diftance the witnelTcs come from. J have them now in court, they will be called, they are many in number. I will prove firft of all, the de- fendant was found in a fituation with his own niece at Ramfgate, three weeks after his arrival in England, E fhameful and fhocking to relate. I have witnefles that he was feen almoft in che very act of adultery, and that repeatedly; and if that proof be not fufficient, where ihall we prove it ? I ftnll prove it was his courfe and conftant habit to deep with her every night, in the fame F bed, for the whole of the night. It will be fuggefted my witnefles come to mifreprefent fa<5b then they muft come with a confpiracy. I Ihould be glad if my friends will lay the foundation for your belief of it. The witnefles are perfons of character, and fome of G them difcharged from places of perfons, over whom my client has no influence ; and unlefs you believe them to be corrupted with money, to come here to face God and man, againft their confcience to fwear againft innocence, you cannot but find a verdict upon H the facts being proved, which is the object of the ac- tion. It is a cafe of the moft ferious nature, and muft depend A depend upon the complexion that belongs to it, when you have heard both fides. - 1 fhall lay fuch a cafe be- fore you as I have dated, and happy fhail I be, as every man muft, if, inftead of ftanding up to fpeak to you again, I fhould fee upon the evidence, he was not B guilty, as every man would wifh it not proved againft himj but I am apprchenfive the evidence is fuch as will urge it upon you, fo far as to deferve your fe- rious attention and confideration. The Reverend Alexander Clee fevorn. Examined by Mr. Mingay. Q^ Do you know Mr. Campbell? A. Yes, I do. Q^ Do you know his wife ? Was you prefent at the marriage ? A. I married them. Q^ When ? A. On Friday, February 17, 1786 that is the precife day. Q._ Did you know the lady before fhe married ? A. I did. Q^ Who was fhe ? A. She was a Mifs Frafer. Q^ What relation was Ihe to Major Hook ? A. I underftand they were coufins, that fhe wjis the daughter of Mrs. Frafer, the wife of Colonel Frafer, and her father was in India at the time. Q^ Do ycu know what relation fhe was to Mrs. Frafer ? A. I do not. Q^ What age was the lady when ihe married ? A., I can- A. I cannot fay ; fhe was thought to be about fe- A venteen or eighteen. Examined by Mr. Bearcroft. >^ You have not faid yet, according to what ce- B remony they were married ? A. According to the Church of England mode of marriage, which is ufed at the chapel where I prefide. Mr. Lawrence Campbell fivorn. Examined by Mr. Holroyd. Q. I believe you know the plaintiff, Captain Camp- C bell? A. Yes, Sir. Q^ Were you abroad with Captain Campbell and Mrs Campbell any time ? A. I was in France with them. D Q^ At what time ? A. In 1787. Q^ Shortly after their marriage ? A. After their marriage. Q. I believe Mrs. Campbell, your wife, was with her? A. Yes. Q^ Was Mrs. Frafer, Mrs. Campbell's mother with her ? A. Alfo. F Q._ At that time the plaintiff and his wife lived with Mrs. Frafer ? A. They did, Sir. Q._ Now in what manner did the plaintiff and h's wife conduct themfelves to each other ? Q A. I always underftood with the greateil harmony. Lord Chief Juftice. They appeared fo ? A. They ' A A. They appeared fo. Q^ Mr.'H. How long were you with them in France ? A. About three weeks. Q^ Were you particularly acquainted with them ? JJ A. Certainly, Sir, we lived under the fame roof. Q^ Do you know the defendant ? A. Perfedly well. Q^ Do you know what relation he is to Mrs, Frafer ? A. Brother. Q._ And therefore uncle to Mrs. Campbell ? A. Ofcourfe. Q^ Mr. Bearcroft. What relation are you to Mrs. Campbell ? A. I am brother to the plaintiff. Q^ What time in 1787 was it you were in France ? E A. I think it was in the months of July, Auguft, and September. Q^ There or thereabouts ? A. Yes. Q^ Had you feen them together before the time E they were in France ? A. Not before. Q. That was the firft opportunity you had of feeing ' them ? A. I was with Mrs. Frafer, the mother, in the F fame houfe. Q._ You faw them daily ? A. I faw them daily. Q._ Do you mean to fay, according to your obfer- vatipn, you believed that they lived in perfect har- G mony ? A. Certainly fo. Q^ You had no reafbn to fuppofe the contrary ? A. I had no reafon to fuppofe it. Q^ You never faw any thing particular to lead you to it ? A. I. C 65 ) A. No. A Q._ You never obferved any thing particular in the temper, difpofition, and behaviour of the plaintiff to- wards his wife ? A. No, Sir. Q^ Did you come home with them ? * A. No, Sir. Q^ Then the only opportunity you had of feeing them together, were thofe two or three months in France ? A. The only time. Q^ You know the plaintiff's hand writing ? A. Yes, certainly, Sir. Q._ Do me the favour to look at thefe fubfcrip- tions, and 'tell me whether they are the plaintiff's ? A. Yes, 'I do believe that to be his writing. D Q^ Look at that fubfcription ? A. I believe that is. Q^ Do you know what age the lady was when fhe married ? A. I fancy about fifteen or fixteen. E Q^ Juft come from fchool, 1 believe ? A. Juft come from fchool. Q. Was Mr. Campbell, the plaintiff, living in the houfe with Mrs. Frafer, the mother, and his wife, at that time ? F A. I underftood fo from him I cannot fay. Q^ Mr. Holroyd. Did you know the lady before fhe Was married ? A. Yes, Sir, Q. Was it a match of inclination was it a love G match ? A. I fhould fuppofe fo. Q^ Mr. Bearcroft. Of the parties, moft undoubt- edly i A. I fhould fuppofe fo. pj I Mr. ( 66 ) A Q. Mr. Erjkine. Pray, Sir, do you know the hand' writing of Mrs. CampbeJI ? A. No, Sir, I do not. B Mrs. Campbell faorn. Examined by Mr. Erfkinc. Q._ You are the wife, I believe, of the gentleman who has juft now been examined ? A. I am -the wife of Mr. Campbell. Q. Mr. Lawrence Campbell ? A. Yes, Sir. Q^ Was you acquainted with Mrs. Campbell, the plaintiff's wife ? A. I was. D Q. Did you know her before her marriage ? A. I did. Q^ Who was fhe ? A. She was a Mifs Frafer. Q^ How long before this marriage ? A. Two or three years. Q^ Do you remember the courtihip between Cap-* tain Campbell and her ? A. No, I do not. CX Do you remember her marriage i p A. I hear ! of it. Q^ Where did you fir ft fee her ? A. In France. CK You was there with your huibana and Mrs. Frafcr r Q A. Yes, at Paris, in France, and likewife at Bou- logne. Q^ How long ? A. About a month. Q Tell my Lord and the jury, whether you had an H opportunity of feeing, by living in the manner you described with them, whether Captain Campbell and his h'is wife, Mrs. Campbell, lived in affecYion with one A another ? A. They always appeared to me to be upon very good terms with one another. Q^ Did they appear fo from that fort of circum- ftance a recent marriage from inclination ? B A. They did. Q._ You did not keep much company with (Irangers in that country ? A. No, we did not. Q^ Of courfe lived in each other's company almcft C entirely ? A. Almoft entirely. Q,_ Did you ever obferve, during that time, any want pf affection from her to him, or he to her A. No, I did not. D Q^ What age is Captain Campbell, the plaintiff. A. About thirty. Q^ DO you know Mrs. Campbell's hand writing ? A. I believe I do. Q^ Look at thofe letters ? E Q^ Mr. GarrcKV. You have feen her write ? A. I have, Sir. Q^ Mr. Erjklne. Are they her hand writing ? A. To the beft of my knowledge they are. Mr. Erjklne. You will crofs examine her to that F if you pleafe. Mr. Gar row. No, we (hall not, we might as well examine Chevalier d'Eon to it. Another letter Jhewn her. Mrs. C. I don't know that hand writing. G Tke witnefs proved feveral different letters tz bs her hand writing. I 2 Donald Donald Campbell fworn. Examined by Mr. Mingay. , You of courfe know the plaintiff and his wife ? A. I do, Sir. Q^ Now during the time, from the time they firft came together, till the time when you heard of this unfortunate affair with the family, did they live happy together, or otherwife ? A. They always did. Q^ Did they afibciate much out of their own par- ticular family ? A. I had not an opportunity of feeing much of them, I lived moftly upon the continent ; I rather think they were moftly living in happinefs together. Croft- examine dl>y Mr. Garrow. Q.^ From what time to what time, are you able to *^ give any account of them ? A. From the time of their marriage till I firft heard of this bufmefs. Q^ Where did you fee them, upon the continent ? A. No, I did not, they were in Brook-ftreet, they took lodgings there. Q._ Was that after they returned from the conti- nent, or before they went ? A. I rather think it was after they returned. Q^Do you remember what year it was in ? A. I do not recollect. Q^ I took it for granted you did not, from the man- ner my friend put his queftion. You cannot tell any year or length of time, from the time of Noah ? Q^ Lord Chief Jujtice. Can you tell about what time ? A. I cannot. It might be four or five years ago. Mr. m Q. Mr. Garrow. For how long together might you A fee them ? A. For a very fhort time, as I mentioned I was moftly upon the continent. Q^ A very fhort time might mean a month, a week, or a day ? B A. I was about three weeks there, every day al- moft, to pay a vifit. , Q^ And you an accidental vifitor ? A. Yes, Sir. Mr. Bearcroft. The defendant returned to Eng- C land about February 7, 1788, as appears by my brief. Elizabeth Fterbfon fzvorn. Examined by Mr. Holroyd. D Q. I believe you lived as cook with Mrs. Frafer ? A. I did. Q^ Were you in that capacity with her in the year 1788 ? E A. Yes, Sir, I was. Q^ Do you remember the family going to Ramf- gate in the year 1788 ? I A. Yes, Sir, I do. Q^ How long was that after Major Hook's arrival ? F Do you remember in what month ? A. -I believe it was in July. Q._ Mrs. Frafer went to liamfgate ? A. Y.- Q. And Mrs. Campbell ? G A. Yes. Q^ Was Major Hook there ? A. He was not. Q^ He came there after you went ? A. Yes, he did. pj Q^ Where was Captain Campbell ? A. 1 believe at Chatham, or Portfmouth. 3 ( 7 ) Was he with his regiment there ? A. I cannot fay. Q^ How long was they at Ramfgate ? A. I believe ten weeks. Q^ Do you remember feeing any thing particular B between Mrs. Campbell and Major Hook ? A. Never but once. Sir, when I went in with a bit of bread. Q^ When you went in where ? A. To the parlour. C CX_ What did you fee there ? A. I faw the Major fitting with his arm round her neck, and his right leg upon her lap. Q^ Did you obferve any thing refpefting her hair ? A. Yes, Sir, her hair was rolled round his arm. J) Q^ State what you faw. A. Her hair was rolled round his left arm. Q._ Did you obferve any thing farther ? A. His right hand in her handkerchief. Lord Chief Juftice. Q^ The handkerchief that co- E vered her neck ? A. Yes. Counfel. Q^ Did you obferve any thing elfe ? A. No, Sir, I did not. Q. Do you remember Major Hook's arrival at F Ramfgate? A. Yes, I do. Q^ Did any thing particular pafs at the time ? A. Mrs. Campbell was very much alarmed, and fainted away upon his coming in j I remember that, G Sir. Q^ That you remember ? A. Yes, Sir. Lord Chief Jufece. Q^ At who's coming there ? A. At Major Hook's, the defendant's. j-j Counfel. Q._ Where did they return again from Ramfgate ? A. To C 7' ) A. To Brook-ftreet. A Q^ To Mis. Frafer's? A. Yes, to the houfe they came from. (i_ Did they all come together ? A. No, I believe the Major went to his houfe. Q^ You returned ? B A. Yes. Q^ To Brook-ftreet, Mrs. Frafer's houfe ? A. Yes. Q^ Major Hook went to his bwn houfe ? A. Yes. C Q^ What time was it you faw that at Ramfgatc you have been defcribing ? A. It was fome time in the morning. Q._ In what month ? A. I cannot fay. j) Q._ You faid you went there in July ? A. Yes, I think it was about Michaelmas time. Q._ How long was it before you returned to town ? A. We came to town fome time in September. E Crofs-examitud by Mr. Bearcroft. Q^ What was your fituation in the family ? A. Cook. p Q. You went by order to the parlour ? A. No, I went to carry a bit of bread, by Mrs. Frafer's order. Q^ For whom ? A. For Mrs. Campbell and Major Hook. G Q^ They took it, as if they expected it ? A. I do not know whether they expeded ic or not. Q._ You carried it, and you gave it them ? A. I did not look at them when I gave the plate. Q^ You went for the purpofe of carrying the bread there, and it was received ? A. Yes. ( 7* ) A A. Yes. Q^ No body faid for what it was fent ? A. No. Q^ It was expected therefore ? A. Yes. B Q^ The door was open when you went in ? A. Yes, Sir, it was. Q^ Was it wide open ? A. Partly open. Q^ You delivered the bread and went away j you C did not ftay, I fuppofe ? A. I did not (top a moment hardly. Q^ You ftepp'd in, and delivered the bread, and went away ? A. Yes. jy Q^ You did not flop at all ? A. No. Q._ You did not let the plate fall ? A. No, I held it fo, and one of them took it, I don't know which. j? [The witnefs held out her hand with the bread one way, and turned her face the other way.] Q^ You did not exprefs any particular furprife ? A, Why, Sir, I cannot lay I liked to fee them fo. Q^ You made all thefe obfervations ? p A. Yes. Q^ Of courfe you thought it extremely improper ? A. Very, Sir. Q^ Did you ever fee Mr. Campbell, the hufband, after that ? Q A. I believe I did fee him once he came in the * hall once. I don't recollcft I ever faw him but once after that. Q._ I take it for granted you told Mrs. Frafer, the mother, immediately ? TT A, No, I did not, Sir. Mr. Holroyd. How came you to take the bread up ? A. Mrs, ( 73 ) A. Mrs. Frafer ordered me to carry the bread, Lord Chief Juftice. She faid fo before. Q^ Where was Mrs. Frafer ? ^ A. She was in one parlour, and the Major and Mrs. Campbell in the other. Robert Green called and appeared. Jofeph Rippington fworn, Examined by Mr. Er- c Ikine. V Q^ Did vou live, Sir, at any time with Mr. Hook, the defendant ? A. Yes, Sir, I did. Q^ In what capacity did you live with him ? A. I was hired co him as a valet. Q^ At what time ? A. In the year 1789. Q^ At what time of the year ? A. In the beginning of May. E [Green was ordered to withdraw, on motion of 'defen- dant's counfeL"] Q^ Do you know the witnefs that is juft now ig- tired out of court ? A. I faw him after I left the Major, but while I F Jiyed there, I have feen him. Q^ Did you live there before him ? A. Before him. Q. You came there in May 1789 ? A. Yes. G Q^ Where was your matter living at that time ? A. At the Bath Hotel. Q^ Was he living at the Path Hotel, when you lived with him ? A. Yes, he was ; he had been there iome time, H Q^ That was his place of refidence ? A. Yes. ( 74 ) ^ Who lived with him there ? A. There was a lady living with him there, that I underftood to be Mrs. Campbell. Q.. Do you know now who it was ? did you ever .hear the defendant fay who it was ? B A. No, Sir, not the defendant, only by calling her by the name of Mrs. Campbell. Q. You heard the defendant call her Mrs. Camp- bell ? A. Yes, every time almoft that I wen; into the C room. Q^ How long did you continue at the Bath Hotel ? A. I continued about three weeks. Q. Where did your mafter go from the Bath Hotel ? D A. He went into Sackville-ftreet. Q^ How long did you continue there ? A. About two months. Q^ Be fo good as to tell me whether, when he wa$ living in Sackville-rtreet, the defendant gave you di- E reftions to buy any thing, and what ? A. He defired I would buy fome prints. Q^ Of what fort ? A. He faid fmutty ones, the moft fmutty ones I could get. Q^ Did you in confequence of thefe directions buy any ? A. Yes, Sir, I did. Q^ Did he tell you what he wanted them for ? A. He told me he wanted to fend them W India, tq G a friend in India. Q^ Did he tell you where to find them ? A. No, Sir, he did not know where. Q. Did you buy them I A. Yes, 1 did. H Q; '1 hey are of a nature I fhould thjnk it very fhameful to exhibit in the court ? A. They are. Lord ( 75 ) Lofd Cbiefjuftice. I am very fo'rry there is a mar- A ket to be found for thofe things. , Mr. Rear croft, Jt is a pity but it fhould be known, that the Attorney General may hear of it. . Mr. Erjkine. Q. Are they prints of the mod in- decent nature ? A. Yesi they are the moft fo .that I could get. Q^ Did you ever fee any of thofe prints that you purchafed for Major Hook, in the Major's hand, and and upon what occafion ? A. I went into the room one day. Qi Did he expeft you at the time you went in ? A. No, Sir, he did riot. Qi You went into the room at a time he did not ex- pect yoUj with a meflage ? Tell us what was in the room when you came in. s A. There was Mrs. Campbell and the Major. Q; Now be fo good to tell us what you faw ? A. He had one of thofe prints in his hand I had been purchafing for him, and fhe Was looking over his fhoulder. E Lord Chief Jujlice. Q^ She was looking over his flioulder at the prints ? A. Yes, Sir; when I came in, flie turned her head, and walked away towards the window. Q. Now, Sir, I afk you, upon your folemn oath, F whether you are now relating what you pofitively know ? A. Yes, Sir j I do, Sir; I know it to be a fact. Q. NbWj Sir, in confequence, of your having feen this, did it occur to you to have a fufpicion of con- G neclion ? Mr. Garrowt Sufpicion is that a queftion ? Mr. Erjkine. I think your objection is valid, and will not continue it: Where was Major Hook and Campbell's apartments in Sackville-ftreet ? H A. Their bed- rooms adjoined one another. K z Q^ Major ( 76 ) A- Q; Major Hook's bed-chamber and Mrs. Camp- bell's joined together ? A. Mrs. Campbell's and Major Hook's joined to one another. (^ Was there any opening between one room and *> the other ? A. Yes, there was a door that went out of one room into the other. Q. Did you ever travel with Mr. Hook and Mrs. Campbell ? A. Yes, Sir, I did all the fummer. (^ To what parts did you travel ? A. Travelled all through South Wales. Q^ Did any body accompany them ? A. Nobody at all, no other fervant but myfelf. ^ Q. No other perfon but the defendant and Mrs. Campbell ? A. No, Sir, nobody. Q. Be fo good as to tell us whether you remember any particular diredion given by the defendant, in the E courfe of your journey, at any particular inn ? A. When he went to take any lodgings in town,, he would not take them unlefs there were two bed- rooms communicating with one another; and it was (b at all the inns j if not fo, he would not flop, but go F to another inn. (^ Was this in particular, or in general only ? A. It was in general, at all the places that ever I faw ? Q^ Do you know what time Captain Campbell G went to India ? A. No, I do not. Q. (To Mr. Hawkins, attorney for the plaintiff). What time did he go ? Mr. Hawkins. A. He went on board, December M 1788, and failed in the beginning of January, 1789. Q. (To the ivitnefs.) Did you ever fee, befides that print ( 77 ) print Mrs. Carrtpbell was looking at, any publication A laying in the room ? A. Yes, I did fee a book of a divorcement. Q. What book was it ? A. It was either the Marchionefs of Carmarthen, or Lady Tyrconnel. Q: The trial ? B A. The trial, CX Did you fee it laying open ? A. Yes, I faw it laying in the Drawing-room. Q. The drawing-room where the defendant and Mrs. Campbell lived ? A. The very room, Sir. Q. Have you ever had any opportunity ? \_Here Mr. Ganow objected to the leading quef- tlon.~\ C As I don't wifh to lead you.' Do you know any thing elfe material to inform the court any thing that you obferved particular between Mrs. Campbell and the defendant ? A. When I was at the Ivy Bufh at Carmarthen, they D had two rooms, one behind the other. Mrs. Camp- bell fleeped in the other one. Lord Chief Jujlice. Q^ Did you obferve any thi,ng there ? A. No, my Lord, I, did not, only from the chain- E ber-maids, what they told me. Robert Green fzvorn. Examined by Mr. JVIingay. jp Q. Did you at any time live with Mr. Hook ? A. I did. Q; When ? A. In the year 1790. Q. Did you go in 1789, or 1790 ? Q A. 1790, Sir. Q^Do ( 7* ) A <}. Do you know whether at that time Gaptalii Campbell was abroad ? A. He was abroad. Q. Where was ic firft of all you lived with Majof Hook ? ** A. In Duke-ftreet, Manchefter-fquare. Q^ Do you remember going into the drawing- room, and feeing any thing particular between Mr. Hook and Mrs. Campbell ? A. I had been in Major Hook's fervice about fix C weeks and a day or two; but before that, I had a fuf- picion from what I had fecn between Major Hook and Mrs. Campbell, I thought there was fomething going on improper between an uncle and niece. After din- ner, more from curiofity than any thing elfe, I went D up into the drawing-room, and I faw Major Hook and Mrs. Campbell fitting on the couch, which flood behind the door, in a very criminal way, with one arm round Mrs. Campbell's neck, and the other under her petticoats ; I plainly could fee Mrs. Campbell's E knee. Q. Her naked knee ? A. Her naked knee. Q. Did you go out of town with Mr. Hook and Mrs. Campbell ? F A. Yes. After this, one day, Major Hook fays to Mrs. Campbell, I am going out now, and I will come in to dinner. I remember we had for dinner a cod's head and founds, and Major Hook never came in to dinner. Mrs. Campbell waited very impatiently till G fix o'clock, when fhe feemed in a violent pafllon, and ordered me to take the dinner down, and fhe would not eat any dinner. She feemed very much enraged to think he did not come home to dinner ; with that he came home, about half paft ten at night. When he came home, I let him in ; he went up into the draw- ing-room, I went down into the kitchen. When I had been down there the courfe of a quarter of an hour, ( 79 ) hour, I heard a violent fcream, and a cry of murder; A with that I went up into the drawing-room, and I per- ceived Major Hook (landing in a corner of the room, with a chair before him, and fhe trying to (bike him with a poker ; with that he defired me to quit the room, which I did j I went down into the kitchen. I B had not been there above five minutes, when I heard a violent crying out again, and Mrs. Campbell run down ftairs ; this was about half paft eleven, or near twelve: ihe ran out into the ftreer, Major Hook followed her, and defired me to go after her, which I did j I fol- B lowed her out, and I overtook her a little way down Duke-ftreet : fhe was in a deplorable condition, her handkerchief tore all off her neck, and Major Hook with waiflcoat tore open, and down as far as here. [Pointing to about three inches from the wa(ft t ~\ D With that I faid, fays I, for God's fake Mrs. Camp- bell come iq. Q^ Did fhe come in ? A. I followed her, and overtook her, and faid, for God's fake Mrs. Campbell come in, confider what E condition you are in, and the time of night, and you will be taken up by the watch, and put in the watch-houfe, with that (he returned, and fhut herfelf in the parlour. Q; Did any thing elfe happen ? J? A. She fhut herfelf in the parlour, and Major Hook came and faid, Harriet, Harriet, I infift upon your coming out, I pray you to come out ; fhe came out, and was running up ftairs, her foot flipp'd, and fhe fell down upon the landing place, fhe fainted away, G or pretended it, with that Major Hook flood over her, and proclaimed thcfe words : " You are a whore, a he had ufed you extremely ill ? A. No. Q^ That you have frequently expreflcd ? A. That I never exprefled. Q^ To no perfon upon earth ? E A. No. Q. You never complained Major Hook uftd you ill? A. I cannot fay but I may have faid he did not ufe me well ; I never heard he ufed any fervant well. F Q^ This gentleman never ufed any body well ? A. I heard he never did, not as a fervant. Q^ Your reafons for going to look at Mrs. Camp- bell's bed were, that Betty White invited you there ? A. Yes, frequently. Q Q^ You have ftated you faw the imprefllon of two perfons having lain upon the bed ? A. Yes, Mrs. Campbell's bed. Q^ Did you obferve^iny thing elfe particular ? A. Yes, H Q^ Perhaps Betty White Ihew'd it you ? A. No. Q. It was in her prefence you faw it ? i A. She A She was in another part of the room. A Q; Did you communicate it to her ? A. No, 1 did not like to do fo to a woman. Q. Not to a woman that defired you to obferve two people had lain in the bed ? No anfwer. B Q.^ You faid '"hv.- was a fervant to a perfon of the name of Whitelnn r e ? A. She was ; Mr. Whitehqufe certainly has heard me mention it. Q^ About that time ? C A. About that time. Q. How often might Betty White invite you to look at the bed ? A. Upon my word I cannot tell, I did not take any particular notice of it. D Q; It happened frequently ? A. Frequently. Q^ Perhaps two or three dozer* times ? A. No, but very frequently. Sarah Green fworn. Examined by Mr. Holroyd, Q^ You are wife to the laft witnefs ? A. I am, Sir. Q. Did you live witfi Mr. Hook and Mrs. Camp- bell '? A. I was not a hired fervant, but I was with them about the courfe of fix weeks. Q; Did you go with them to Swanf^a ? A. Yes, I did. Q. When was that ? A. In the year 1791. CK When they were atSwanfea, how were their bed- G rooms fituate ? A. They were all upon a floor, there were three L 2 upon A upon the floor. The Major had one, Mrs. Camp- bell had the other, and the children the other. Q. Was there any communications between Mr. Hook's and Mrs. Campbell's ? B A. Yes, Sir, the children's room was between them. Lord Chief Jujlice. Q^ Did the rooms immediately communicate, or was the children's room between them? C A. The children's room was between them. 1 Lord Chief Jujlice. Q.. The other man faid they opened one to the other ? A. They were fo, the doors that communicated D with the children's room, was between them, but the doors all opened to communicate to the other rooms. Q; Was there any communication from Mrs. Camp- bell's room to Mr. Hook's, except through the chil- dren's room ? E A. No, Sir. Q. Did the children always fleep in the room ? A. Yes, moftly j fometimes the oldeft fon flept with the father fometimes, though not always. Jury. Q^ Were thofe Mrs. Campbell's children ? A. No, Sir, they were Major Hook's children. F Mr. Holroyd. Q. How many children had Mr. Hook ? A. Three, Sir, two girls and a boy. Q. Do you recollect any particular directions given at the inns where they came to ? G A. No, I cannot. Q. How were the rooms ? A. Always joining together; they always refufed to take rooms, except they joined. I remember when they were at the next inn to Swanfca, they would not H take the rooms, becaufe they were not adjoining, if they travelled all night. Q^ The apartments for themfelves and children, all joined together. A. Yes, ( *s ) A. Yes, fbmetimes the children ufed to fleep with A her when there might be two beds in a room, the chil- dren ufed to fleep in one, and Mrs. Campbell in the other. Q. Who attended the children ? A. I always attended the children. B Q^ Did you fleep with them ? A. No, I ufed to fleep up flairs in a room juft directly above them. Q^ About what age might they be ? A. I fhould fuppofe the eldeft fon was about eleven C or twelve years of age, the others younger. Q. Who attended Mrs. Campbell when fhe went to bed ? A. I always attended her. Q^ You left her of courfe when fhe went to bed ? D A. Yes, Sir. Q. How was the door left ? A. Always open ; fhe always defired me to leave the door of her own room, and the door of the children's room open, both. E Mr. Mingay. Q^ Do you mean the door of the paflage ? A. Yes, Sir, that which opened to go into the immediate room, next that which opened to her room. F Mr. Carroty. Q^ And went off the flair-cafe into the room ? A. Yes. Q. Did you leave that door open ? A. Yes, Sir, I did. G Q. You went out of the (lair-cafe into the room ? A. Yes. Q^ Whofe room ? A. The children's room on one fide, and the lady's on the other. H Q^ Was there any way into Mrs. Campbell's, but thorough the children's room ? A. No, ( 86 ) A A. No, Sir, not at Swanfea. Q. When you were in Mrs. Campbell's, has any body come into the room ? A. Yes, the Major has frequently come into the room before I left it. B Q. And Mrs. Campbell quite naked ? A. Airnoft undrefled, and he half undreffed. Q. Did he fee you there ? A. Yes, Sir, he did, and when he faw me there, he ufed to return again to his own room. C Q; Has that been once, or oftener ? A. Why, Sir, oftener. Q. Where was this at, Swanfea ? A. Tes, Sir, at Swanfea, during the courfe of the time I was there. D Q. Have you obferved any thing about the bed ? A. No, Sir, I never did oblerve it. Q. Did you make the bed, or the maid of the houfe make it ? A. Why, fometimes I, and fometimes the maid of E the houfe, it was not a particular rule for either. Crofs- examined by Mr. Bearcroft. jr Q. What time of the year was it you were at Swanfea ? A. Why, I went about the middle of June, and came home about the latter end of Auguft. Q. You occafionally, perhaps, helped to make the G bed? A. I did, Sir. Q. You made no obfervation upon it ? A. I never did, Sir; I never noticed it. Q. Your hufband never made the bed ? -} A. No, Sir. Q. Did you go away when your hufband did ? A. Yes, A. Yes, Sir, I did. A Q^ Was you turned away ? A, No, Sir, I was net. Q. You went away, becaufc he went way ? A. No, 1 went away on the Friday ; they faid they would take me back again, and my hufband was not B willing I fhould go. Q. Your hufband was ill-ufed, you thought ? A. No farther than they had words ; my hufband did not wifh me to go back, as I was not in a fituation for fervice. C Robert Green called again. Lord Chief Jujlice. Q. You fay orders wefe given Q in the courfe of your journey, the apartments fhould be together ? A. He never gave me any other orders about the apartments, but that I fhould always take care to have his apartments together. <^ His family, that travelled with him, were this lady, his niece, and the children ? A. Yes. Q; How many apartments did they confift of? A. He cbofe to have two adjoining rooms, and the p doors communicating with each other. There were three rooms on the floor at Swanfea where we lodged : Major Hook's was on the left, here was the children's, and here Mrs. Campbell's (defcribing them by motion of his hand) at Swanfea ? P Q. Was there any immediate communication at Swanfea between Mrs. Campbell's and the Major's ? A. The children's room parted them. Elizabeth Elizabeth Hzrnfworn. Examined by Mr. Erfkine. A C^ Did you live at any time with Mr. Hook ? A. Yes, Sir, I did. Q. When did you go to him ? A. I lived with Mrs. Frafer firft. Q. How long did you live in the whole with Mrs. B Frafer did you live with Mr, Hook afterwards ? A. Yes, when he came up to London. Q._ Was you fervant to Mr. Hook, or only fervant to Mrs. Frafer ? A. Servant to Mrs. Frafer. Q. When did you go to live with her ? A. In February. Qi In what year ? A. In February 1788. Q. Where did Mrs. Frafer live ? D A. Mrs. Frafer lived in Brook-ftreet. Q; Did Mr. Hook live there ? A. Yes, Sir, a good while. Q: How long did you continue to live as fervant with Mrs. Frafer ? A. I was Mrs. Frafer's fervant the whole time. Q._ Had. fhe any houfe any where elfe except in Brook- ftreet ? A. Yes, at Walton upon Thames. Q^ Did Mr. Hook come there occafionally ? F A. Yes, Sir. Q. Did you at any time obferve any thing particular pafs between the defendant and the wife of the plaintiff ? A. Never but once. Q., Will you ft ate to my Lord and the Jury what G that was where it was ? A. At Walton. In what year ? A. In ( 89 ) A. In 1788. Q^ Do you remember in what month ? A. I think it wac in November. Q^ You are not particular as to time what did you lee ? A. I faw Major Hook go into Mrs. Campbell's room, between ten and eleven o'clock ni the even- ing- Q. How came you to be in a fituation to fee A. I had the curiofity to watch. v Q._ Why had you the curiofity to watch ? A. Becaufe I thought I had heard him go into the room before. And where did you ftand ? I (laid upon the landing place. ^ In, what drefs was he ? A. Only in his fhirt and night-cap. Q^ Do you know whether Mrs. Campbell was in her room at the time ? A. Yes, Sir. E Q^ Who had attended her to bed ? A. I, Sir. Q^ Do you know whether the door was fhut or open ? A. No, Sir, it was left a jar. Q^ Do you know why it was left a jar ? A. Yes, becaufe fhe told me to leave it Ib. Q^ Had you left it fo at other times by her direc- tions ? A. Yes, I have. G Q^ Were the family gone to bed at that time ? A. There was nobody in the houfe but the Major and I, and the fervant, and Mrs. Campbell. Q^ Yourfelf, and the Major, and Mrs. Campbell, and the man fervant ? H A. Except the gardener and his family. M You ( 9 ) A Q^ You from fufpicion of courfe watched ? A. Yes. Q^ Was his head covered ? A. He had his night-cap on. Q^ Did you fee him go into the room ? B A. Yes, I did. Q._ Was the door fhut afterwards ? A. Yes. Q^ How long did you wait ? A. I did not wait at all there, I went down imme- C diately. Q^ Was Mrs. Campbell in bed, or up, at that time ? A. She was in bed. Q^ Did you go to bed immediately after that ? D A. Yes, I did. Q._ Did you fee the bed in the morning ? A. Yes, Sir, Q^ Did you attend Mrs. Campbell in the morning before fhe was up ? E A. Yes, Sir. Q^ Did you fee her rife ? A. Yes. Q^ Had you an opportunity of feeing the bed before any body elfe came into the room ? F A. I, myfelf, made the bed. Q^ Did you fee it as Ihe rofe from it, without being touched by any body elfe ? A. I cannot fay that, Sir. Q^ Except the Major, Mrs. Campbell, and you, G you fay there was none in the houfe but the fervant, the gardener, and his family ? A. No, Sir. Q^ You made the bed upon her getting up ? A. Yes. H Q. How did it appear to you ? A. // appeared to me as if more than onejlept in it. Q^You ( 9' ) You faw him go into the room, and the door A was left a jar you faw him go in his ftiirt and his night-cap ? A: Yes. Qj_ Is there any thing elfe you can communicate to the court ? A. No. Q^ Where do you live now in what fervicc ? A. I don't live in fervice, I am in bufmefs for myfelf. Q^ Whofe fervant was you at the time ? A. Mrs. Frafer's. Q. Where was Mrs. Frafer at that time ? A. Mrs. Frafer was not at Walton. Q^ Did you tell any body elfe of it ? A. There was a woman with me. ** Crofs- examined by Mr. Bearcroft. Q^ You was Mrs. Frafer's fervant ? E A. Yes. Q._ When you lived at Walton, Mrs. Frafer had quitted her houfe in Brook-ftreet ? *A. Yes, Ihe did. Q^ Do you mean to fay it was in the year 1788 ? F A. To the beft of my knowledge. Q^ We are now in the year 179,3 how long was it ago was it after Captain Campbell went abroad? A. I lived with them at the time he went abroad. Q^ Did you ever fee Captain Campbell there ? G A. I have feen him at Walton. Q^ Leaving the time to fhift for itfelf, are you pofi- tive of what you faw ? A. Yes, I am, Sir. Q. Mr. Erjkine. What bufmefs are you in for H yourfelf ? A. In the public line. Ma Q.. What ( 9* ) A Q^ What room did Mr. Hook fleep in at Walton ? A. Next to Mrs. Campbell's. Q^ She defired you to leave the room door a jar ? A. Yes. Q^ Do you know whether Major Hook's was fo ? B A. I don't know. Andrew Addifon called. The oath being tendered, he was obferved not to C kifs the book. Upon which Lord Kenyon faid, ad- minifter the oath to him again what is the meaning he will not kifs the book ? The oath re-adminiftered. Lord Chief Jujlice. Now kifs the book. D The witneis then killed the book, and faid, I never was in a court before to give evidence. Mr. Mingay. Q^ Now you are upon oath > had you any intention to avoid kiffing the book, upon your oath ? E A. Upon my oath I had not. Lord Chief Jujlice. If I was upon oath, I fhould fay, I believe I had. Mr. Erjkine. Then I certainly will not call a witnefs that my Lord makes fuch an obfervation upawi P Arabella Kenedyfworn. Q^ Did you live at Walton ? A. Yes, Sir. Q^ Did you live fervant with Mrs. Frafer?. A. Yes. G Q. Where do you live how ? A. I live now with my friends. Q^ Do you know Mr. Hook, the defendant ? A. Yes, Sir. Q._ How long did you live at Walton, with Mrs* Frafer ? A. I ( 93 ) A. I went to Mrs. Frafer in the year 1790, or A 1791, I think. Q^ We are now only in I793> how long is it ago ? A. It is two years next April fince I left hen Q^ When did you go to her and how long did you live with her ? B A. About eighteen months. Q^ And it is two years next April fince you went away ? A. Yes. Q^ Do you remember Mrs. Campbell being there ? C A. Yes. Q^ And Mr. Hook being there ? A. Yes, Sir. Q^ How far were their rooms apart how were they fituated t A. They were next adjoining each other. D Q^ In what capacity was you there ? A. Sometimes cook, and fometimes houfe-maid. Q^ Did you fee at any time, and when, any thing particular between Mr. Hook and Mrs. Campbell ? A. At one time, at Mrs. Frafer's, I faw them ftand- tjp near each other, and Mrs. Campbell's hand in E Major Hook's hand. <>._ Did you fee any thing elfe then ? A. No, Sir. Q^ Did you fee any thing elfe at Walton ? A. One night I faw Mrs. Campbell's room door F open, and Mr. Hook went into her room, after Ihe had retired to bed Q^ In what drefs ? A. He had at that time all his cloaths on but his hat. G Q. What time was that ? A. It was after the children were in bed. Q^ Did you fee him come out ? A. No. Q^Had ( 94 ) A Q^ Had you an opportunity at Walton to fee the bed Mrs. Campbell laid in ? A. Yes, I made it generally. Q^ Did you ever make any obfervation upon the bed, when you made it ? B A. No, Sir. Crofs-examined by Mr. Bearcroft. Q^ His cloaths were on, you fay ? C A. Yes, Sir. Q^ Do you know whether Mrs. Campbell was ill at that time ? A. No, Sir, Ihe was not ill at that time. Q^ I want to know whether it did not happen fre- D quently at Walton, that Mrs. Campbell was ill, and in violent fits of paffion ? A. Yes, Sir, 1 have been informed fo, but I never was prefent at any of thofe fits. Q^ Have you ever remembered her having fits in E town ? A. No, Sir. James Woodroffeyow;*. Examined by Mr. Mingay. _, Q^ What are you ? A. A gardener, Sir. Q^ Did you live at any time with Mrs. Frafer ? A. Yes, Sir. Q._ The mother of Mrs. Campbell ? r A. Yes, Sir. Q^ Where did flie live ? A. At Walton. Q^ Was that after Mr. Campbell, her huiband, was gone abroad ? A. Yes, it was after Captain Campbell went abroad. Q. Was flie with her mother then ? A. Yes. ( 95 ) A. Yes. A Q^ Do you remember any time when Mrs. Frafer was not at her houfe at Walton, Mrs. Campbell and Mr. Hook coming there ? A. Yes, Mr. Hook had taken the houfe. Q^ Mrs. Frafer was not there when they went to B look at it ? A. No, Sir. Q^ What obfervation did yon make of the conduct of Mr. Hook and Mrs. Campbell ? A. I don't know, Sir, I thought they were very C loving. Q. What did you fee ? A. 1 faw him between his own room and her's, Sir, in his fhirt and night-cap. Q^ Where was he coming to or from ? D A. From her bed-room , it appeared to me it was between her room and his, in the pafiage, in his Ihirt and night-cap. I did not perceive any thing elfe. Q^ Who was in the houfe at that time ? A. There was my wife, and a nurfe, and me, and E Betty Hearn. Q^ At that time the mother was not there ? A. No, Sir. No Crofs-examination. William Lewisyw0r#. Examined by Mr. Holroyd. Q^ You were groom to Major Hook ? p A. Yes, Sir. Q^ What time did you go to him ? A. About Auguft, in the year 1790. Q._ How long did you live with him ? A. I lived with him about ten months. Q Q^ Did you go with Major Hook and Mrs. Camp- bell to Swanfea? A. I ( 96 ) A A.I was hired by Major Hook in CarmarthenfHire, and went from thence with him to Swanfea. Q^ Do you remember how the bed-rooms were at the inn at Swanfea ? A. I was not there, they were lodgings. B Lord Chief Jujlice. It is pretty well afcertained that the bed-rooms adjoined together. Mr. Mingay. My Lord, I muft beg leave to ftate to your Lordfhip, with refpedt to Andrew Addifon, he came to prove no facl; at all in the caufe, but when C Captain Campbell left England, and when he re- turned. Lord Chief Jujlice. I obferved nothing more about him than my perfonai obfervation, merely as to not killing the book -, it raifed fufpicion. D Mr. Mingay. It was only to prove that Captain Campbell went abroad in the beginning of 1789. Mr. Ganffiv. In point of fact, he failed from Tor- bay on the 26th or 27th of January, 1789, and went on board in December 1788. E Mr. Mingay. And he did not return till 1792. MF. Bearcroft admitted ir. Q._ To William Lewis. Whilft you were living with Major Hook, did you make any obfervations on Mrs. Campbell ? F A. When I went there, I did not know but they were fingle j when I came to Swanfea, Mrs. Campbell was with Major Hook, I inquired, and found ihe was his niece. Q^ You remember his coming from Swanfea ? G A. Yes, Sir. Jane Grimes fworn. Examined by Mr. Erfkine. H Qi. Did you live in the fervice of the defendant any time, and when ? A. I lived with Major Hook five months. i ( 97 ) Q^ In 1792, was it ? A A. Yes. Q^ You Jived there as cook ? A. Yes. Q^ Did Mrs. Campbell live with him at that time ? B A. Yes. Q^ Did any body elfe live with him ? A. No, Sir. Q^ How long did you continue in his fervice ? A. Five months. C Q^ Did you go to Eaft Bourne with him ? A. Yes. Qi. Was Captain Campbell gone abroad then ? . A. Yes. Q^ During that time whether you faw any thing D particular in the conduct of Mrs. Campbell and Ma- jor Hook ? A. What I faw was when I went up (lairs when the grocer came to fpeak to my miiirefs, 1 went to her room and rapped at the door and fhe was not there ; E I went from thence, and was coming by the Major's door and I found it (hut. Q^ How was the Major's room (kuated in refpedt to her's ? A. Almoft clofe. F Q^ Were the doors next to each other ? A. They went out of one into the other. Q^ Was it (hut ? A. I tried it. Q^ Was it upon the fpring or locked ? G A. I tried it and it was fait. Q^ What did you do then ? A. I had the curiofity to look through the key- hole. Q^ Tell my Lord what was your reafon for look- * ing through the key-hole. A. Becaufe I thought Mrs. Campbell was there: N What A Q^ What was your reafon for thinking fo? A. Becaufe I had frequently feen her in his room before. Q^ You fwear that was the reafon of your curiofity ; you had feen Mrs. Campbell there frequently be- B tore ? A. Yes. Q^ What did you fee ? A. I faw the Major laying along the foot of the bed, (lark naked as he could be. C Q^ Where was (he ? A. She was fitting on the fide of him with her hand upon his back. Q^ Was me dreft or undreft ? A. She was dreft. I> Q^ Had he no mirt on ? A. No mirt on at all. Q. Was he ftark naked ? A. Yes. Q^ Did you continue long there ? E A. 1 continued there for fome minutes, and as I ftood there, Mrs. Campbell took her hands and draw- ed the curtain at the foot of the bed I went down ftairs. Q^ Did that prevent you feeing any thing elfe ? A. Yes. ' Q^ When the curtain was drawn and he was lay- ing ttark naked with his face to the bed, you went away ? r A. Yes. Q^ Where do you live at prefent ? A. I live with Mr. Campbell's brother. Q^ Did you fee any thing elfe at that time > A. No, Six, but 1 have heard fay Crojs- Crofs-examlned by Mr. Burrow. Q^ What time of the day was this ? A. As near as I can tell about 1 1 o'clock. Mr. Erjkine. This was at Eaft Bourne ? A. At Eaft Bourne. Q^ Do you know whether he had been bathing ? A. Yes, the Major had been bathing, but (he had not. Q^ This was when he returned from the fea ? A. Yes, Sir. Mr. Burrow. At eleven in the morning ? A. About eleven. Q^ What other fervants were there in the houfe ? A. There was Flora and Maria. Q^ Had Mrs. Campbell been out that morning ? A. She had been out, I was not with her. Q^ What was the (late of her health at Eaft Bourne ? A. Often complaining of illnefs. P Q^ Were Flora and the other woman the only ^ women in the houfe ? A. Yes, Sir. Q^ Where are they ? A. I cannot tell. Mifs Macaulay/:wr. Examined by Mr. Erfkine, Q^ Be fo good as to tell us whether you are ac- quainted with Captain Campbell and his wife ? A. Yes, Sir, I am. Q^ Do you remember the time when Captain G Campbell was preparing to go upon his voyage to India with his regiment ? A. I do. Q^ Do you know whether it was intended at that time Mrs. Campbell (hould accompany him ? N 2 A. I do ) A. I do not. Q^ How long was you acquainted with them ? A. 1 knew her before (he was married. Q^ Did you know her after (he was married ? A. Yes. g Q._ Did you know her foon after was you in the habits of intimacy with her after (he was married ? A. Yes, Sir, (he was fome months with me. Q^ Did you fee any thing improper in her beha- viour during that time ? A. I never faw any thing improper in her behavi- our. Mr. Erfkine. Q^ Do you remember who (he was left with ? In whofe care was me left when the Captain went away ? ) A. She was at her mother's houfe in Brook-ftreer, I think fo. Mr. Erjklne. I reft it here for the plaintiff. Crofs-examination of Mifs Macaulay. \ ,, Qi. Did you fee much of Captain Campbell and his lady together ? A. No, Sir. Q^ Very little, I fancy ? A. Very little. Q^ So little as not to be able to form any idea of F what terms they were living upon ? A. I had not fuch frequent opportunities of feeing them. Mr.'Erfkine. I have done, nnlefs it fhould be neccflary to give evidence in reply. * j Mr. Mr. Bearcroft. May it pleafe your LordQiip A Gentlemen of the Jury, the evidence which has been given on the part of the plaintiff intitles me to your full and patient hearing. My title 1 put upon the circumftances that the caufe as it now (lands is of a nature and of a complexion that mud ftrike every B mind as undoubtedly a very aggravated cafe, and it is of confequence that every good mind will allow, when fuch a cafe is proved, that thofe who are to de- cide upon it mould well weigh and confider it, in or- der that that judgement, which they ultimately (hall C give, may be temperate and moderate, for unlefs it be temperate and moderate, it cannot be juft. . Gentlemen, I fhould not be entitled to a moment's attention from you if I attempted to diiTemble re- fpecting the weight which I feel upon my moulders. D The cafe which has been proved upon the part of the plaintiff, has been ftated, and muft be ftated, upon this evidence, in two very ftrong words, a cafe of inceft and adultery. I admit it, and I allow that fuch a cafe calls ferioufly upon the feelings of thofe that E hear it, and thofe that are to determine upon it ; but it is my duty to remark to you, and it will be the principal remark with which. I mall trouble you, to diftinguifh the fituation in which you are placed there ; you are not put there, nor does my Lord fit there, ** as I am fure he will tell you, to punim the defendant criminally for any crime or any offence : perhaps it may be thought an opprobrium on the common law of England, to fay, it entertains no criminal jurif- diction for puniming fuch offences either of adultery ** or inceft ; but you all know very well there are dif- ferent departments of different difpofitions as to the power of puniming in different courts of different defcriptions, becaufe the common law has no fuch jurifdiclion ; do not let it be thought by any one that 3 fuch ( 102 ) A fuch offences cannot be punifhed in England; for it is certain they may, and ferioufly too ; but that ju- rifdiction is an ecclefiaftical jurifdiction, and not in common law courts. I venture to remark, that not to defend fimply the common law from imputation, B that may arife in the mind at firft view, to fuppofe it rakes no notice of fuch conduct, but to remark that there is a place where the criminal part, and that only, is to be confidered. Gentlemen, my Lord will tell you the queilion in C this caufe, (for lam bound to tell you I do not mean to trouble you with witneffes in a caufe of this kind) the only queftion will be, the damages you are to give what is the fatisfaction you are to make by your verdict for the plaintiff. D Gentlemen, when I am endeavouring to guard you againft mixing and joining together the jurifdiction you have, not of the trial of a criminal offence with the jurifdiction you have, that of afcertaining civil .damages which you are to give to the parties. I de- E fire to be underftood as not to be contending for fo abfurd a doctrine as that you are to diveft yourfelves of ali attention to that kind of cafe, and not to take it as matter of aggravation ; but permit me to fay it, and I do fay it, becaufe I think (and I do fubmit to F the direction of the learned and noble Judge) that you are not, that you ought not, and that you have no power in the firuation in which you ftand, to give that which I know fometimes is called vindictive da- mages. Vengeance and punifliment of the crime G belongs to another jurifdiction you will take care in the verdict that you (hall pronounce, that you will not by any means mix punifhrnent which you have no right to take any notice of, upon the prefent occa- fion, with the queftion of damages you are to give to the parties. Gendc ( '03 ) Gentlemen, it was faid in the outfet, it was under- A flood the counfei for the defendant would infift upoa the innocence of the defendant, and impure a good deal of what you have heard to-day to the effects of perjury. Gentlemen, no power, no perfuafion, after the B evidence given to-day, mould prevail upon me to ftand up as counfei for the party, to attempt to do any thing of the kind. It never entered into the mind of the defendant to give any fuch inftrudions ; it would have been groifly abfurd to have done fo : Q it would have been an additional load, I confefs, at prefent I feel it is a heavy one ; but I fliould then be put in this condition, in endeavouring to quit the de- fendant, I ftiould charge the plaintiff with a foul and a black, confpiracy, without any foundation of truth, Q and with bringing fuch a charge againft the defendant and fupporting it by a variety of fuborncd and per- jured witnefles. My client difclaims any fuch idea fo much, therefore, as fuch an item, and it is a large one defalcates from the damage that might have been given ; I claim upon the part of the defendant. Gentlemen of the Jury, having faid this, and marked the line which Separates trial and punifhment in a criminal court from the queltion of civil damages, I am under the neceffity of chiefly relying upon that, p and fubmitting it to his Lordfhip. With regard to the damages, I have but a few, a very few observations to make and to fubmit to your cool judgement and obfervation. The plaintiff quit- ted his wife, went to the Eaft Indies, and left her Q here. It has been attempted to bring a witnds to prove he intended to carry her with him as far, therefore, as that is an ingredient I call upon you for a piece of juftice, to obferve that is not proved. I prefs my obfervation further, I fay I have a right fj to aik of vou, and in fuch a caufe you will no: refufc . ,' C 104 ) A it ; I have a right to afk of you to conclude, that the clear fact is, that Mr. Campbell, the plaintiff, did not mean to take his wife with him, but to leave her here, for if he had any dctire to take her with him, nothing upon earth was fo eafy to have done. B With regard to the manner in which the parties lived together, I cannot help obferving to you, there is not that full and fatisfactory proof that might be expected in a cafe of this fort. Perfons who might have been called, who were related and near relations C to the plaintiff, the fervants and others are omitted to be called, which feems to leave that liable to fome degree of fufpicion ; however you will not under- ftand me to be prefling it more than is necelfary. I admit there is fome evidence of their living together, D and, perhaps, my Lord will tell you, when fome evi- dence is given of that, and it is not contradicted, it muft be taken ; fuch was the fituation of the plaintiff and his wife, and in juftice you muft. fo take it. With regard to the damages, which is the only E queftion before you, there is another circumftance \vhichjuries, during my experience in the profe(fion> have been always taught to look to, becaufe it is eflential they ftiould, I mean the fituation and ability of the party in point of fortune. My learned friend, F who never forgets, even in the outfet of the caufe, to (late his client's cafe with all the advantages that be- long to it, though fometimes he referves the ftrongeft powers for a reply, told you that the defendant in this cafe was a perfon. who had reikled many years in G India, and was returned to Europe with a great for- tune, adefcripticm as would defcribe LordClive, Mr. Harwell, or Mr. Sykes, and many of thofe perfons we are in the habit of calling Nabobs. Alas ! that defcription very lade fuits my client, which you -can I hardly doubt, becaufe there is not a tittle of evidence given,, nor a quelUo.n ajl^ed. about his drcumftanccs, and and my learned friend has finiflied his cafe. Now A as to that he is a Major, he has returned here moft undoubtedly originally with a few thoufands in his pocket, of a great part he prefently got rid here : he is about, and was about, to return to refume his fitu- ation in the army in the Eaft Indies. It is in evidence before you he has three children, innocent perfons they can be guilty of nothing that is a circumftance in affefling damages againft the father, which fathers, as fome of you are, 1 truft can never be prevailed upon totally to forget. Gentlemen, with thefe obfervations, therefore, I muft furrender the cafe, again I fay, to your tempe- rate and moderate bread I mall call no witneiles, for the reafons I have ftated you are in poileffion of the cafe you will recollect, as I have laid, you are * not trying this man for crimes and offences, but to afcertain the damages that fuch a perfon as this fhall pay the plaintiff, under all the circumftances that belong to the cafe. Gentlemen, the doctrine I take the liberty of pref- iing upon you at this moment, is the doctrine of good fenfe and natural juftice. It is the doctrine I take the liberty of faying, with fubmiffion to my Lord, the peculiar doctrine of the law of England. We know perfectly well that it is ftated by great authority, and F we read it in all the books that an attention (hall be paid in the quettion of damages, nay even of cri- minal damages and fines, to the ability of the party to pay it as to that in this cafe you are Teft to guefs at it nothing is proved upon the part of the plain- G tiff, but that this gentleman has refided fome time here (ince his return to-Europe though many return from India with great fortunes, many more return without them. This is the cafe I have a right to make ; having H been diligent and careful not to Mate any thing im- proper, I hope and truft I have fucceeded, becaufe O moft ( io6 ) A moft undoubtedly I fhould be (hocked, if in a caufe of this fort I was, in defending a man upon the arti- cle of damages, to do any thing to add to them, T appeal again to your moderate temper and juftice, B Lord Chief Juftice-rL.ord Kenyon. Gentlemen of the Jury, you muft remember it is between four and five years fince it has been a pain- ful part of my duty too often to affift juries, as far as C I was capable of giving them any affiftance, and to aflift parties, that juftice might be done. I was in great hopes the morals of the people would have totally extinguiflied thefe kind of tranfactions ; if it had it would have given great comfort indeed to me, D for I proteft I never had ferious caufes of this kind come before me, without my feeling extremely for the diftrefs of the party that applied to the laws of the country to obtain fatisfaction for the injury received. The prudent, difcreet, and manly way in which E the learned gentleman who is juft fet down left the caufe of his client, delivers me from the painful ta(k of dragging through all that horrible (lory the wit- neffes have been examined to. It is admitted the cafe is proved and the plaintiff entitled to your ver- F diet and the ible confideration is the quantum of damages he has received ; and you have been put in mind, and very properly fo, that this civil action is not a proceeding to punifh the party as having been guilty and coming within any part of the criminal G law of this country but when you are called upon merely to apportion damages to the injury he has re- ceived, I hardly know how I can tell you to mea- fure that fatisfaction in pounds, millings, and pence. There are certain cafes in which fome other mode of H proceeding is to be adopted by juries, which their good fenfe will lead them to better than any direc- tions I can prefume to give them, in actions brought for- C 107 ) forwards againft perfons of urifullied honour and A characterit may be faid in that cafe no damages could be given, becaufe fuch character is unaflaible by the tongue of calumny. Gentlemen, the perfon who takes my purfe, is faid by a very able writer to take from me that which has been flave to thou- B fands ; but he that filches from me my good name, robs me of that which not enriches him, but makes me poor indeed. Whether this kind of injury may not be referred to fomething of that kind is for you to judge. I will barely call to your attention the C main outlines of this caufe. The fituation of the parties what the plaintiff enjoyed, and that which the plaintiff has loft by means of the defendant. You were told in the outfet, this was a match in con- fequence of moft ardent affection; that it was a love D match as far as fituation was difclofed, as far as we reached they lived in the greateft harmony and com- fort till he went to India, and it was then done away in the manner you have heard ; but it was hinted fomething wrong happened in leaving his lady be- E hind him on his going to India. What, then, Gen- tlemen, has every young officer that is called from his family the means of doing it ? Will the funds he is in poffeffion of enable him to carry with him all the comforts he has left behind him ? And if he is F torn away with a bleeding heart from thofe comforts, is he to lofe them for ever ? Are there no hopes of his being received in the arms of his wife he affection- ately loves when he comes back ? Where could he leave her in better when he went abroad, but in G the houfe of her own mother ? What ! had he not a right to expert from the nearefl and deareft call of nature, that an uncle, who was the brother of her own mother, fhould affift her that wanted the immediate protection of her hufband ? But has l"he received that H protection ? I have a right to appeal to the evidence given is there not evidence of the confeffion of this O 2 man, A man, who told her (he was a whore, a damned whore, and the worft of whores; (he tells him that if (he was a whore, (he became a whore through his means, that fhe was his whore only ; that he ought to have been her fattier and protector, but he has been the B worft of enemies to her, and been the ruin of her family, and herfelf ; alas, my poor hufband ! Did {he fall into the arms of this inceftuous man ? We find all poffible means taken to corrupt her mind : books and prints to enfiame the paffions, too bad to Q be exhibited to any body, are exhibited by the uncle at a more advanced time of life to his own niece, the wife of another man. Gentlemen, it is very true, in afTefiing damages of this kind, one would wi(h that they mould be ap- j) portioned in s fome meafure to the circumftances of the party who is to pay them. What his fituation is I*do not know ; I do not know the iituation of either