fendant to destroy the character of any Plaintiff, by a story that he could not be prepared to answer. Sir James Mansfield thought the learned Serjeant should be permitted to proceed in his statement. Mr. Serjeant Cockle said, it was absolutely necessary for him to make this statement, to prove that what had been stated by his Learned Friend (Mr. Serjeant Best) as an aggravation of the malice, was not true. It was also his duty to prove that those flying rumours against the character of Lord Leicester were so generally heard of, that his Lordship's character had not suffered by the paragraphs to the extent that had been stated, as he might perhaps shew that his Lordship's character was previously as bad in this respect as any man's could be, who was not actually convicted of the crime. If this was the case, it must most materially alter the damages. As to the observation which had been made of the difficulty of restoring a man to society who had been charged with such an offence, he believed that his Lordship might, whatever were the damages, continue to mix, with the same respect, in that sort of company with which he had long associated; and that whatever the damages might be, that they would not restore him to any sort of society which his birth and rank in life appeared to entitle him to. He felt no manner of doubt but that in the consideration of damages, the Jury would pay considerable attention to those circumstances which it was his duty to prove. Mrs. was the first witness called. An objection was made to her examination, on the ground that it did not go totally to establish the fact; this was over-ruled, as it went to a mitigation of damages. The witness admitted, that she lived with Lord and Lady Leicester at their marriage; that they slept together only three or four nights immediately after it; that they sometimes lived in the same house, but that generally his Lordship resided in Westbourn place, Paddington, and Lady Leicester in Gloucester-place. She had seen Hayling, Neri, and Playfair, at his Lordship's; they all dined there; Hayling sometimes slept there.Her master and mistress went to the country in August; his Lordship returned from it in a day or two; her Ladyship remained till November. She had seen the Lady Townshends at Lord Leicester's, but never saw any Nobleman there; except at meals his Lordship generally spent his time with Hayling. Mr. Harraden and George Smith were the next witnesses, but their evidence was not material. Wm. Newton was master of the Cocoa-nut Coffee-house in 1790. Neri was a waiter of his in 1792 or 1798. Neri. He knew no harm of knew Lord Leicester and Neri there. Neri acted more as a companion than a servant there. Neri slept in his Lordship's chambers, but it was customary for servants to sleep on the same floor with their masters. Lord Leicester was considered an eccentric character in college. He used to shut himself up in his room for a week together, and saw no one; instead of a purple gown, which Noblemen generally wore, be wore a pink one; he dressed his hair effeminately, and was called Miss Leicester, Lady Chartley, &c. in derision. Many Gentlemen in the College, however, were like ladies. He admitted that notorious reports, accusing Lord Leicester of infamous and unnatural crimes, were prevalent in College: he did not believe them. He had heard reports of others also. Lord Leicester gave some concerts, at which most of the Nobility, and many of the seniors of the College attended. Neri was a musical character; his Lordship and he often played duetts together. Neri played on Neri played on the guitar. Hannah Rusignal knew a person of the name of Murray; he lodged with her one year. Lord Leicester often visited him, and at one time when he was sick expressed his regret at it, and advised him to get good advice. Murray was not musical. Rev. H. Boulter was Lord Leicester's tutor at College: the cause assigned for his Lordship's leaving College was, that he was going abroad. Col. Rainsford, 1st Guards, deposed, that there was a man of the name of Frith, a private in his regiment: that after a short absence from the regiment, he found many Lord John Townshend said, he was uncle to Lord Leicester. He was not on terms with him; their quarrel was not personal; he disliked his Lordship's conduct to his father; he did not know him after his marriage, but lady John sometimes visited at his house. The evidence was here closed; and Serjeant Best, at some length, eloquently addressed the Jury in favour of the Plaintiff, Sir James Mansfield commented at some length upon the evidence. He went into an history of the press in this country, from the time of its first establishment to the abolition of the office of licenses. The liberty of the press was a term blindly used by many modern writers and speakers; it did not mean the liberty of speaking political treason or private slander, but it merely meant the liberty of speaking what it chose, liable to the correction of the laws of the land.-Undoubtedly in the present case a verdict must be found for the Plaintiff, but at the same time the damages were liable to mitigation, from the circumstances of the evidence, according to the judgment of the Jury.-Verdict for the Plaintiff, 1000l.-Costs, 408. -- Court of Exchequer.-Seduction. Strange v. Gore.-This was au action brought by the plaintiff, who is a watch-maker at Kingston-upon Thames, Thames, against the defendant, a captain of dragoons, stationed at Hamplon-court, for the purpose of recovering compensation for the seduction of his daughter--a beautiful girl from 14 to 15 years of age. It will probably be recollected, that this transaction was mentioned in the public papers, and made some noise at the time it took place, which was in January last. Mr. Dauncey stated the case on the part of the plaintiff, detailing the particulars, which afterwards were produced in evidence, and then read some very ardent love letters written to the girl after the seduction. He took it for granted, that no witnesses would be called on the part of the defendant. They would only have an able speech from his learned friend (Serjeant Best). But they would recollect that words were not facts. The father, they would recollect, was bound by law to support his daughter, while he was now deprived of the hope of procuring her an honourable establishment by marriage, owing to the gross misconduct of the defendant, who, they would also remember, was nearly allied to some noble families, and able to afford a liberal compensation. Under all the circumstances, they would either give the whole of the damages, which were laid at 50007. or at least a very considerable portion of that sum. Miss Lydia Strange was then called, who deposed, that on the 1st of January last she went to Hampton-Court, on a visit to the house of a Mr. Bear, or Vear, who had some charge of the palace. White walking in the cloisters of the palace with Jane Hicks, the maid servant, she met Captain Gore, whom she had seen at Kingston before, but had never spoke to-Captain Gore passed on without speaking to her at that time, but he spoke to Jane Hicks. She then stated, that when she went out to walk in a day or two after, Jane Hicks proposed, by way of joke, that they should go and throw some gravel at the window of Captain Gore. She assented, and the servant went and threw the gravel, upon which they both ran away-but Captain Gore followed them, and having come up took her by the hand. They were not together more than five minutes at that time, as Jane Hicks came up, and told her, that Mrs. Bear, or Vear, was waiting for her. Another time she happened to go into the Chapel, the door being open, and Captain Gore having observed her, followed her into the Chapel. He took off his hat and kissed her, but observing some men at work about the windows of the Chapel, he went out and left her there. Some time after he returned, and bolted the door. Jane Hicks was there at that time. Captain Gore entreated that he might see her in the evening, which she refused-and then Captain Gore begged of Jane Hicks to persuade her to meet him. Captain Gore gave her some grapes, and to Jane Hicks he gave a one pound note. He asked her when she was to return to Kingston, and slie told him that she was to return the next day. She next stated, that she had gone home to Kingston-but for some reason, not material to the cause, she had gone to Hampton-Court almost immediately after. As she was out walking with Miss Bear, or Vear, a child of about 10 years of age, she saw Captain Captain Gore coming from the opposite direction in a curricle, along with a Lieutenant Lister, or Leicester. They passed on without any think having been said. But Captain Gore came to them soon after, and persuaded them to go to his lodgings. They went and continued there till it was pretty late. He gave them three kinds of wineClaret, Madeira, and Hock. She drank of them all. In answer to a question from the lord chief baron, she said, that she had sometimes before drank wine. They then proposed to return home, and Captain Gore said he would walk home with them. They however went to walk by the wall of Bushy Park. Soon after she heard a noise, as of one walking behind. Captain Gore whistled, and called out Henry, and then Mr. Lister, or Leicester, came up. The latter took the arm of Miss Bear, or Vear, and walked on with her before-leaving the witness and Captain Gore behind. She soon after saw somebody with a lantern coming up, upon which Captain Gore proposed to her to cross the road, that they might not be observed. From the voice of him who passed, who pronounced the name of "Strange," she knew it was Mr. Vear. She then said to Captain Gore, that she was afraid to return home after being out so late upon which he proposed that she should go with him, and he would take her to a young lady who would take care of her. She refused at first, but he afterwards persuaded her. They then walked on for some time--when she asked whether the residence of the young lady was far off. He said not very far off. They got a post-chaise, at a place which she afterwards under stood to he Hounslow. This chaise broke down, but they got another, and proceeded straight to London. They were set down at a place which she afterwards understood to be Leicester-square From this they walked to a house in Chandos-street, where they had refreshments and wine. She went to bed, and soon after Captain Gore came to the bed-room undressed. She asked him if he intended to sleep there? He answered "yes," upon which she said, he should not sleep there but he said he would, and in fact did sleep with her. Next morning they went to a house in South-street, Soho-square, where she saw a Miss Dunn, and there they continued for that night. Mr. Lister, or Leicester, called next morning, and they went to the house of a Mr. Dessin, or Vessey, an attorney, where they staid half an hour, and then drove to an hotel in a hackney coach, where they dined. Lodgings were then taken for her in Thanet-place, Temple Bar, where she and Captain Gore lived under the names of Mr. and Mrs. Graham, till they were discovered by the Bow-street officers, and she was carried to her father's.. The whole of this took place be tween the first and 12th of January. Cross examined by Mr. Serjeant Best. She admitted that she had nodded to Captain Gore from a window in Kingston, before he had ever spoken to her. She often talked of Captain Gore among her acquaintances, and was sometimes by them called in jest "Mrs. Gore." Her mother had been dead eight years-her father had two years after taken into the house a woman of of the name of Sarah Wood, who had been bar maid of the Castle Inu, Kingston, but she always understood that they were married, although stories were going about that they were not married. Her brother, she admitted, had threatened to leave the house if that woman was allowed to continue in it. Miss Budd, who keeps a boarding school at Richmond, said, that the girl had been latterly at her school, and was well-behaved. Her father visited her regularly, and appeared very attentive to her in every respect. Mary Brooks proved that lodgings had been taken for Captain Gore and Miss Strange, under the names of Mr. and Mrs. Graham, on a Sunday, at her house in Thanet-place. She was struck with the youth of the lady, and had a conversation with Captain Gore on Monday morning, in the course of which she remarked that the young lady appeared to be scarcely sixteen. Captain Gore replied, that she was nineteen years of age-that they had been married fourteen months, and he had known her eighteen. man in a state of fornication; and, 2dly, That the daughter herself had exhibited a levity of conduct in making a signal to Captain Gore, who had never spoke to her before, which deprived the plaintiff of all pretence for large damages. They ought to consider that not a far hing of what they gave might ever find its way into the pockets of the girl. He also stated, that though Captain Gore was allied to some distinguished families, he was in very narrow circumstances, and large damages would ruin him. The Lord Chief Baron summed up the evidence, and observed, that an improper levity in the girl would, no doubt, extremely diminish the claim of the father to damages. But they would consider whether the youth of the young woman was not to be taken into account in adverting to the instance of levity stated by the counsel. In a woman of eighteen, who must have been aware of the construction which might have been put on such behaviour, it would be unpardonable. But with respect to a young girl, who was only from 14 to 15 years of age, the case was different. With regard to the conduct of the father, the learned judge remarked, that whether he was married or not to the woman mentioned, his daughter had been very little in her society, as it appeared that she had been kept at school for the greater part of the time that Mrs. Strange, or Sarah Wood, which ever she was, lived in her father's Mr. Serjeant Best made an able house. In the course of the charge, speech in defence, or rather in mi- the learned judge adverted to the tigation of damages. The two The two conduct of Jane Hicks, and Lieutenpoints upon which he chiefly insistant Lister, or Leicester, in terms of ed were, first-That the father him- the severest censure, and said, that self had set an example of vice to there was evidence of a conspiracy his daughter, in living with a wo between them and the defendant to VOL. LI. Anthony, the officer, was called to prove that he had received the reward promised by her father for the discovery. Mr. Webster proved the handwriting of Captain Gore, but the letters were not read by the clerk, it being thought immaterial. A a ruia |