THE TRIAL OF His R. H. the D. of C. FOR CRIMINAL CONVERSATION WITH Lady HARRIET G—R.
ON Thursday, July the 5th, 1770, at eight in the morning, came on, in the Court of King's Bench, Westminster, before the Right Hon. Lord Mansfield, the cause, wherein Richard Baron G—r was plaintiff, against his R. H. the D. of C. for criminal conversation with Harriet, the wife of the said Lord G—r.
- Mr. Wedderburn,
- Serjeant Glyn,
- Serjeant Leigh,
- Mr. Wallace,
- Mr. Walker, and
- Mr. Lee.
- [Page 12]Mr. Dunning,
- Mr. Skinner,
- Mr. Mansfield,
- Mr. Impey.
For the Plaintiff. | For the Defendant. |
Messrs. Patington, | Messrs. Buxton, |
Messrs. Garth. | Messrs. Winduse. |
It was contended by the counsel for the defendant, that the laying the damage at 100,000l. was excessive and immoderate; but to this it was answered, that, in the reign of Charles the Second, much higher damages were sued for by the then Duke of York, against one Pilkington, a Sheriff of the city of London, in an action of scandalum magnatum, in the King's Bench, and a verdict of 100,000l. was obtained in his favour; and it was farther urged, that when the injury was done to an inferior, that circumstance alone greatly aggravated the offence.
Mr. Wedderburn, in the course of opening the cause, strongly insisted on the case becoming more criminal on account of the rank of the defendant: This he instanced in two cases; the first was that of Lord Belvidere in the kingdom of Ireland, whose brother (Mr. Rochford) having crim. con. with his lady, his lordship obtained 20,000l. damages, tho' the defendant's fortune was no way answerable to such a sum. The other was a case of defamation brought by James II. when Duke of York, against a tradesman in the city, when the damages were likewise laid high: "And these, continued the learned counsel, were given for very substantial reasons; to shew society, [Page 13] that where particular duty and respect is required, an action of criminality becomes doubly so, when these ties are broke through.
Mr. Wedderburn then methodically stated the facts. He set forth, that his R. H. in his excursions to Towcester in Northamptonshire, Coventry, Marcourt-Hill, Whitchurch in Shropshire, Chester, and St. Alban's, in order to meet Lady G—r, assumed, at different times, the names of 'Squire Morgan, 'Squire Jones, the Farmer, &c. that he sometimes appeared as a young 'Squire disordered in his senses, and used to be called at the inns the Fool, particularly at Whitchurch, where a noise being heard in passing from one room to the other, it was disregarded by the people of the house, who said it was only the Fool; and that he had taken down with him to St. Alban's a servant, who went by the name of Trusty, for the purpose of carrying on his intrigue with greater security: That they had witnesses to prove, that Lady G— was several times carried to the back door of the D. of C's house in the Park, where she went in, and staid for a considerable time. That several of Lord G—'s servants went down to St. Alban's with his Lordship's brother, who, upon breaking open the door at the inn, found the D. of C. sitting on the bed-side along with lady G—, with his waistcoat loose, and the lady with her Dresden unbuttoned, and her breasts wholly exposed; that on their entering, her ladyship made towards the door of communication with the next room, but in the attempt fell; on which he, who was left to guard the door they entered by, went to her assistance, which his R. H. availed himself of, and run out, calling on them, when he got on the other side of the door, "to take notice, he was not found in the room; and that he would take his Bible oath, he was not."
But Mr. Wedderburn said, previous to his calling several witnesses to prove this, and many other important facts, he should read to the court several letters [Page 14] written by Lady G—r to the D. of C. and from the D. of C. to her ladyship, which would set the nature of their connexion beyond a doubt; first premising by what means they had fallen into Lord G—r the plaintiff's hands.
His lordship meeting with one of his servants, near Chester, going with a letter from his Lady to put into the post, stopt him to go upon another errand, taking the letter, and saying he would put it in himself: he then had the curiosity to open it, which he found to be the first † letter from Lady G— to his R. H. when, after having taken a copy of it, he put it into the post, and intercepted all the rest.
Mr. Wedderburn then read the letters in the following order.
LETTER I.
MY dearest Love how sorry I am that I am deprived the pleasure of seeing this Evening but especially as you are in pain God grant it over upon my knees I beg it although it may go off for a few days it must return and then you will be easy my only joy will be happy, how shall I thank you for your kind Note your tender manner of expressing yourself calling me your dear friend and at this time that you should recollect me. I wish I dare lye all the while by your bed and nurse you—for you will have nobody near you that loves you as I do thou dearest Angel of my Soul O that I could but bear your pain for you I should be happy what grieves me most that they who ought to feel dont know inestimable Prize the Treasure they have in you—thank God if it should happen now Mr. Croper is out of Town and you may be quiet for a few Days—I shall go out of Town to night but shall stay just for an answer pray if you can just write me word how you find yourself, I shall be in Town by eight To-morrow Evening in hopes of hearing again I am sure my Angel is not in greater [Page 15] pain than what my heart feels for my adorable Angel —I sent this by D— servant she is gone to Ranelagh do if you write direct to her the Boy has my orders & will bring it to me—Adieu God bless you and I hope before Morning your dear little one.
LETTER II.
MY Dear little Angel I am this instant going out of Town ten thousand Thanks for your kind note I am sure nothing could make my aking heart to night bearable to me than when you say you are sensible how much I love you pray God it may be over before morning or that you may be better I shall be in town at eight o'clock for I shall long to know how you are dont mention to D that I wrote by her servant to you for I have ordered him not to tell—Adieu Good night God bless the Angel of my Soul Joy and Happiness without whom I have no comfort and with whom all the happiness alive an revoir I hope very soon.
LETTER III.
MY Dear little Angel, I wrote my last Letter to you yesterday at eleven o'clock just when we sailed I dined at two o'clock and as for the afternoon I had some musick I have my own servant on board that Plays and a couple of hands from London for the six weeks I am out we were a good many at Dinner I had about 9 People Yesterday and shall have more when the rest of my Squadron join me they staid with me till near seven I got to supper about 9 o'clock but I could not Eat, and so got to bed about 10— I then prayed for you my dearest love kissed your dearest little Hair and laye down and dreamt of you had you on the dear little couch ten thousand times in my arms kissing [Page 16] you and telling you how much I loved and adored you and you seemed pleased but alas when I woke I found it all dillusion no body by me but myself at Sea I rose by time at half past five and went upon Deck there I found my friend Billy and walked with him for about an hour till Barrington came to me we then breakfasted about eight o'clock and by nine I began and exercised the ships under my command till twelve it is now one, and when I finish this Letter to you my dear Love I shall dress and go to dinner at two o'clock it is a rule on board to dine at two, breakfast at eight and sup at nine—always if nothing hinders me I shall be a-bed by ten or soon after and up by half past 5 in the morning in order to have if there is any occasion orders ready for the Fleet under my command before I begin to exercise them—I am sure the account of this Days duty can be no pleasure to you my love yet it is exactly what I have done and as I promised you always to let you know my motions and my thoughts I have now performed my promise this day to you and always will untill the very last letter you shall have from me which will be when I between 5 and 6 weeks hence send the Admiralty word that I am arrived at Spithead then I shall only wait for their answer which will be with me in a few hours to strike my Flag and then I shall return to you that instant O my love mad and happy beyond myself to tell you how I love you and have thought of you ever since I have been separated from you the wind being contrary to day about one I put off dinner till three o'clock in order to anchor Ships for this Night in Portland-Road just off Weymouth about 3 Miles I hope to sail to-morrow by 5 in the Morning I hope you are well I am sure I need not tell you I have had nothing in my thoughts but your dearself and long for the time to come back again to you I will all the while take care of myself because you desire my dear little Friend does the Angel of my heart pray do you take care of your dearself for the sake of your faithful servant who lives but to love [Page 17] you to adore you and to bless the moment that he has made you generous enough to own to him I hope my dear nay I will dare to say you never will have reason to repent it, the Wind was not so contrary but we could have sailed on but I told Barrington that as it was not fair I would anchor especially as I could send one of my Frigates in for that I had dispatches of cansequence to send to London indeed my dear Angel I need not tell you I know you read the reason too well that made me do so it was to write to you for God knows I have wrote to none else nor shall I at any other but to the King God bless you most amiable and dearest little creature living—aimons toujours mon adorable petite amour je vous adore plusque la vie mesme
I have been reading for about an hour this morning in Prior and find these few lines just now applicable to us.
Such is my amusement to read those sort of things that puts me in mind of our mutual feelings and situations now God bless you till I shall again have an opportunity of sending to you, I shall write to you a letter a day as many days as you miss herein of me when I do they shall all come Friday 16th June God bless I shant forget you—God knows you have [Page 18] told so before I have your heart and it lies warm in my breast I hope mine feels as easy to you thou joy of my life adieu.
LETTER IV.
I Sent a letter last night but fear you could not receive it while on shore, but I hope it wd not be long getting to you, I hope you are perfectly well, and have had a good voyage so farr.
he appears rather in better temper to day, so I'm in great hopes he did not get enough of the Letter to make out much he stayed out very late last night which seems to have occasioned a weezing to day, by the means of my Sisters I think I can send and receive my Letters very safe for the future. Carry is out of Town for a few days so in the mean time I send them by another Sister who comes to see me every day, and she thinks it some business I have with Reda about some Milenary that I dont chuse he should know of so if she gets ever a Letter for me she knows she is not to take it out of her pocket till we are alone so its all cleverly settled again at present, how miserable I should have been if we could not have contrived to hear from one another, I quite live only upon the thoughts of its not being a great while before I have the happiness of a Letter from you, for I'm very sure you'll write as soon as you can, I know your tenderness for me well enough to be certain of that,—
he is coming up stairs I find so I shall conclude till tomorrow, God bless you my Dear Dear Friend. Monday the 19th.
I resume my pen to tell you to-day how sincerely I esteem you, he is stil rather more come about again to day, Yesterday he shook hands with me, and this morning he came & kissed me and said he was going out of Town to Wathemstow to dine with his [Page 19] Brother, perhaps he is gone to ask his advice, but I don't care he may take what measures he pleases with me if you will but love me, I'd a note from Mrs. Reda this evening she sais she is certain he dares not say a word to her but she wishes he would above all things for that she knows very well how to answer him for that she knows enough of his Intrigues for him to be afraid of saying any thing to her, and she is sure he is not assez Hardi to say a word to her upon the subject, her note was in answer to one she had received from me to prepare her in case he should speak to her and I told her if he asked her any questions to say she knew nothing of where or who the Letter came from—I hope I shall be in London when you come back, I dares say I shall I fancy he had not a mind to part with me let him have seen what he wou'd in the Letter for he asked me Yesterday when I shou'd be able to go into Cheshire, I told him I co'd not give the least guess as it depended intirely upon how I was, and I think I've laid a good scheme for I've alreaddy complained I've got a pain in my side & I intend to say it's much worse at the end of the month and that I can't bear the motion of a carriage, it will I really believe be a very good plan, for if I said I had a Feaver or any thing of that kind a physician wou'd know by my pulse I had not & might discover me to him, and besides this will be a more lasting complaint so at the end of five or six weeks, I'll grow very ill and send for Fordyce the Apothecary and make him send me a quantity of nasty draughts which I'll throw out of the window only think how wicked I am for in reality I'm already as strong and as well as ever I was in my life, Ly Harrington called upon me the other day to know how I did I long'd to see her but dared not as he was at home, I intend to go to her as soon as I can get out, Lady Barrymore was with her I've heard nothing of D— I suppose she is afraid of writing or coming as he is in Town but I shall write to her soon, my month is out by the week the 5th of July but by the month not till the 7th so I'll take it [Page 20] at the longest & not be well at the end of it§, that we meint lye together and he must be going to New market the 8th or 9th for the Races which are the Tenth and he'll stay there some days and when he comes home he shall find me worse with the pain in my side, and your Six Weeks will be out the 26th & I hope you'll not be long after that, I'm quite in sperrits with the thoughts that by some means or other we shall make out the time that I shall be so happy as to see you when you return, my Dear Soul, adieu till to-morrow when I shall add more, continue to love me pray
I'm going to Teize my dear little Friend with more of my stupid Letter, I've not seen Mr. Croper since yesterday morning he did not come home from his Brothers till I was assleep last night, & went early this morning to set for his picture to West and just came home to dress and went out to dinner without coming up stairs and left a Gentleman in the house that he had made come up ten miles out of the Country to dine with him Mr. Knox his great Friend, so is he below stairs dining by himself, I cannot think what the Duce he is about,—I suppose by his not coming up to see me Mr. Gro—r has cunsur'd out part of the Letter and advised him to be angry but I shall se if he comes home to Tea & how he behaves—there is no news about to talk to you off so god knows my Letter is stupid enough to tire you to Death, for I can only give you an account of our odd way of going on at home, when I go out I will tell you every where I go every hour of the day.
O my Dearest Soul I've just received Two the dearest Letters in the World from you, how can I I cannot express My feelings of gratitude and love for you, your dear heart is so safe with me and feels every emotion mine does, with you, how happy your dearest letters make me I'm so much obliged to you [Page 21] for saying you will take care of your dear Health because I desire you, do my dearest Friend I entreat you & I'll do the same, how sweet those verses are you sent me they are heavenly sweet because they are marked by you I always liked Prior but shall adore him because you like him, I'm made quite happy to night by having fresh asurances of yr Love, you have mine intirely, how happy will that day be to me that brings you back I wonder where I shall se you first I form a thousand happy ideas to myself I shall be unable to speak from Joy, in the mean time let us write as often as possible, how kind it was of you to say you had letters of consequence to write when it was only to poor me, Your Dear little heart is flurried too on reading the dear letters it has both laught and cry'd with Joy it lies warm in my breast I cherish it and think of nothing else but to preserve it there safe and happy, my dearest Soul I send you Ten thousand kisses I wish I could give them,—'God bless you I will now conclude for I'm sure this letter is stupid enough to tire you to death pray forgive it, I'm finishing it in the dark, I se no body to tell me any thing to make my Letter entertaining, so can only tell you how sincerely I do and ever shall love you and I know you'll like that as well as any thing for nothing makes me so happy as your telling me so & we love too well not to love by sympathy.
Amons tout Jour Tendrement mon adorable ammi mon tres chere ame.
I'll write again everyday, and send it to Reda at all opportunitys God bless you my Dearest dear life I shall ever love you.
This Letter was inclosed in a Cover directed to his R. H. the D— of C—.
LETTER V.
MY ever dearest little angel the wind to day is not fair so I shall laye here in Portland Road till it is and take this precious Moment in sending this other Note to you I hope it will find you well and that you are not afraid of being gone out of Town before I return back to you thou loveliest dearest Soul I have been reading since my last note of Yesterday to you a great deal out of Prior keeping the Heroine bye till I have read quite thro' and find many things in it to correspond with us exactly.
Do not think I wanted this Book with me to tell me how well I loved you, you know the very feelings of My heart yet it is great pleasure when I am reading to find such passages that coincide so much with my own ideas of dear you, I will write constantly it is my only entertainment that and hearing from you will be except my Duty on board the only thought or employment I shall have or even wish I have just now had a message from shore it is about 2 Miles from Weymouth to go to the rooms this Morning, I have excused myself being much quieter on Board and happier in writing to You, You are not there or else the Boat that should carry me would go too slow I long for that happy moment that brings me back again to all I love and to all that I adore— indeed I am sorry my letters are so stupid pray write to me you know whether to send them to send them to D— or to Mrs. Reda—I long to hear from you it is now within two days of a fortnight indeed it seems forty thousond years how happy when we meet that our letters has opened to each other the very feelings [Page 23] of our honest hearts—permit me to name yours with mine then they will be words and happy looks from two of the most sincere Friends alive Your heart as well altho' fluttered while I write to you I hope mine is flurried too they ought to have had the same emotions I know they have they are above dissembling I must now conclude God bless You I send you ten thousand kisses pray when you receive this return them to me for I want them sadly.
Adieu je vous aime adorable petite Creture je vous adore ma chere petite bejoux l'amant de mon coeur—
God bless I will write constantly
LETTER VI.
HOW do you do my dear little sweet Carry I do long to see you and hope soon to hear from you again at least at Mrs. H— I believe we don't set out for there till Wednesday but if any letter comes for me to her she will take care of it till I come My Lord went out Yesterday to Halken Hollywell &c and stays till to-morrow dinner he left Mr Gros—r with me but as he went out for an hour I seized this favourable opportunity to write you a line, but he unfortunately returned befor I had finished the enclosed which will I'm heartily sorry make this shorter than I proposed for I've nothing but nonsence to write, I do love writing to my dear Carry its a great pleasure in absence from those one loves, I hope my dear love You are well. I se Almacks begins the 1st of Decr. W'd to good fortune We were all going together well I hope there will not many pass first for I se thanks to good fortune the Parliament meets the 9th of January so I'm living on the hopes of coming before then, they are all pestering me to come to supper, Gd, cur—se them I wish them at Jerico, first one peeping there head in [...]en the other and Mr. G—shutt up taking snuff [Page 24] in my dressing Room; I'm stole into my Bedchamber coue se qui coute I'll finish my stupid Letter I propose You a much longer soon I hope You amuse yourself well in London, poor little Carry I do love You dearly, did You get my letter safe after Hollywell, I hope so, will You my love be so kind to let me trouble you to send the enclosed, I expect my Ld the second of Decr. will you write a line by them my love, I always burn your letters immediately as safe as a thief in a Mill—he has never once named my Friend and is in a tolerable humour. Tomm lives and dies with, odd people drop & I now & then play a game at Cards, if You should see Billy You may just give him a hint (if quite convenient) not to name my Friend if he writes—but a dismal life I have here Dear Heart Dear Heart wt a tirable Life do I lead I may well sing that song and often—they are Bawling about supper so farewell I'm ashamed of my Letter the Devil take 'em I'll write a long one soon Dear little Dear Carry a thousand times farewell a Thousand times the worse to want thy light. I die to see you my dearest Friend and Sister ever with sincerest truth and Affection.
What a deal of talk shall we have when we meet I never shall have done.
The foregoing Letter and that directed to the D— of C—, were enclosed in a Cover, directed by Thomas Grosvenor, Esq as follows:
To the Honble Miss Vernon at St. James's palace London
T Free Grosvenor
LETTER VII.
HOW happy you made me by your Letter it seem ages to me since I heard from you tho' in reality not many days, but Minutes count for years with those that love, but I dont like to hear that you have still a little cough you dont take care of yourself, I wish I could take care of you indeed— he went out yesterday morning to Hallkin and Holywell and dont return till tomorrow dinner, he left Mr. Gros—r and 3 or 4 people with me, who are gone and Mr. G— is just gone out for an hour, so I take this favourable time to write to you and shall send it off in the Morning, I long most heartily for the time I shall see you again, your letter came perfectly safe, I was so happy to get it, I hope you will have received my last safe where I sent you the Account of Hollywell, only think of your having lost your road to Tarpolly I should have been so miserable if I'd known it at the time I'm so sorry, how dreadful at that time of night its a terrible intricket road, I'd a very odd discourse with Mr. G— to day about my Lord he first begun by saying he was very uneasy about his health and did not think he was so well as he used to be & he ought to take great care, he after that said he thought he gave up his whole time attention and fortune to Horses and was worse and worse infatuated than ever about them and that he never could talk upon any other subject therefore he never could have any discourse with him and that he would lose all his acquaintance but Jockeys, I could not help laughing at his description of him which was very just for sais he he will set for half an hour with his eyes fixed on a Table or Chair and then apply to Tomm or any body that is by, do you know what Mare such a Filly was out of, or can you tell what Horse such a Colt was got by, by God, I have got the best stud in England no body will have any horses to run but me very soon, then if he or any body that [Page 26] don't understand that subject offers to mention any thing else he is as cross as any thing for half an hour, and then fast asleep, so sais Mr. G— you see nobody ever comes to see him but in partys. I never do sais he I always get people to come every day to meet me or else I know my amusement would be to see him snoring in one corner of the room instead of being sociable & like other people—this was as you may imagine a Tete a Tete subject but its so exact a picture of him I was resolved you should have it—I'll tell you how I pass my time I get up about eight or I'm afraid nine Breakfast at ten then walk or ride dine at 3, stupifie or play at stupified Cards after Tea with any body that drops in (he never plays) this lasts till supper but I now & then steal off we sup soon after nine, and in bed before eleven, where I always dream of you my Dearest Friend—I hope soon to have a letter from Carry with some writing from you in Milk, I fancy we shant go to Mrs. H—, till Wednesday when I shall hope for a letter from you if it arrives before me it will be safe as I'd a letter to day to say if any came from Carry they should be taken care off, I imagine we shant come away till quite the end of the week and shall then be so happy in the thoughts of seeing you in a few days, how I long for the 1st and 2d of December and yet it is being too selfish for what a situation for you but I'll say no more of that as you are so kind to say you dont mind it, to day is my Birth day, I think it has turned out quite lucky to me as I've such an opportunity of writing to you. Mr. G— is come home which obliges me to shorten it and vexes me, tho' I've nothing but nonsense to talk off—I dont like to be interrupted and prevented and I must write to Carry a line as I inclose this to her, I see Almacks begins the 1st Dec. do take a dance there and tell me how it looks it will make but two days difference & I cant bear to prevent you from every thing O dear I am always a teazing you, I think I'm quite provoked at myself, I wish to God I was the only one to suffer in an uncomfortable situation and [Page 27] I'd bear every thing with pleasure but the thoughts of my dearest Friend being unhappy is ten times more to me than any thing I could ever suffer, indeed my dearest life it is believe me that is my greatest anxiety and concern, I can never make you amends but my sincerest love you shall ever have from the bottom of my soul that you are kind enough to say you value and as long as you esteem it and give me yours it will be our mutual comfort, God bless you my dearest Soul, I'm glad the time is fixed for the Parliament meeting which I hope will bring us to Town Farewell a thousand times most sincerely till we meet
I'll write Carry a line and then go to Mr. G— I'm happy in keeping my own Room.
Dearest Soul adieu an revoir I'll write from Mrs. H— & tell you when we return here.
The above Letter was inclosed in a Cover directed to the D— of C—. In one of the folds of the cover was wrote, Thursday night I believe I said Friday by mistake in the Letter.
LETTER VIII.
IF you have a mind to see your Wife go off with her gallant place yourself at K—Gs Garden door at a little before Eight and you will see her and her little Sister go with him to his own back door a little way off and so return the same way at half an hour after nine if you are fool enough to discover this information or not be thankful for it, you shall have no more that's all at present from your humble Servant
LETTER IX.
I Know you did as I instructed you to do some time ago concerning the Garden Gate, but they were alarmed and made their escape some other way to their married sisters The little Devil is in all the schemes and goes into the garden with them over against your Windows continually playing fine pranks under your nose. I dare say they will meet there to-morrow Evening. Kensington Pallace in the morning (where no servant is allowed to follow) is the constant practice. As you did not discover my first intelligence I shall give it to you till you do, from your unknown Friend
LETTER X.
HOW do you do I long to hear from you I go to Town Wednesday and shall be very happy if I find a Letter from you we shall leave it again on Friday I hope you received my last safe—I've been a little alarmed by my Maid having told me it has got a little about here that he has been in this part of the world, I've but a few minutes to write in as my Lord is at home, but was determined to let them know immediately and should take as a great favour my love if you would forward it as soon as possible as its necessary on some accounts to inform them as soon as possible—upon account of the intended visett, I hope to God this Letter will get safe to you, I thank God my dear Carry that I am like to see you before its very long as my Lord says he will certainly be up by the meeting of Parliament, I pray God we may as soon as I know the day I'll send you word I warrant me—what a vast deal of talk we shall have—I'm all in a twitter dreading every moment he may come in so dare say but little as it would betray all and undo [Page 29] us he has never named their name so all seems quite I pray God to keep it so—I don't fancy he has heard any thing God bless you my dear Carry, I love you sincerely & I wish could write more but dare not I'm dying with fright, so
I hope you've had some diversions my Love I desired they would write me an answer as soon as possible in Lemun Duce, if you would permit it and inclose it.
LETTER XI.
ONCE more and no more if I have not often enough pointed out ways for you to be convinced of the Truth, I am not your Friend but if you have not a mind you will take no notice perhaps of a certain person that is gone in disguise and ly's at every Inn where she does examine your servants and they will be more able to tell you of his constant attendance. He is now about your house and Gardens in the Country.
LETTER XII. To his Royal Highness the D— of C—
I Hope you are well I'm come up stairs for bed, so steal this safe Moment to write to you a line to tell you of some thing that has happened, & tho' I hate to say any thing to you that may be disagreeable still I'm always determined never to conceal any [Page 30] thing from you, as you can then act as you think will be best my Maid tells me there has been some of our servants telling her that its all about here that you have been here & she has really told me every particular that you came down with us, and that we met here in the Fields and Lanes, and the day you went away, and that you was at Chester, at Halkin and they knew you there, that you used to have your horses at Ecleston the little Alehouse, that you had a Gentleman with you & a servant, I denyed it & said I wd acquaint my Lord and make every body prove what they had said, Upon which she turned pale looked vastly frighted, and said it was from one person she had heard it & beg'd it might not be mentioned unless she heard more, this makes me hope she made the most of it but yet I fear it has been much talked of by her naming so many particular facts, dont be alarmed my dear Friend, but act as you think proper in regard to your coming down—the worst come to the worst thank God my Lord has told Mr. Gro—r before me we should all be in Town in about a Month—Nothing could make me so unhappy as not to see you, but at the same time we had better not do any thing imprudent, and we might possibly not be able to meet but very seldom which when you had taken so much trouble in coming would give me if possible more concern than for you not to come, but consider it well over my Dearest Friend if we can meet with safety nothing could give me so much but our feelings and our Dangers in this is mutual, for our meeting imprudently might endanger our not meeting so often at another time, but could it be done safely it would be a pity to loose any of our (too few) opportunities—I was very much frighted at first but by thinking it over am not quite so much alarmed & hope it is not so much talked off as she said— she said that at first they said there was Highwaymen in the reads about and that afterwards a person from Chester knew you & discovered it to every body I hope [Page 31] they wont dare to say any thing to my Lord as he has not said a word or even named you, & he has been at Halkin, Mr. Gros—r leaves us tomorrow and on Wednesday we go to Mrs H— where I hope to receive your dear Letter—I'm miserable in having any thing to tell you that can give you the least uneasiness, it vexes me more than any thing I feel myself, what do you think about it, Pray my dear Soul do either way you think best & I hope as we have been tolerably fortunate hitherto we may scramble thro' it somehow or other, but I dont know what to say what to advise but I'm sure you can judge much better than me pray let me have a few lines in Lemon Duce by C— to tell me, I wish I could find a Meathod for you to write in ink, I'll consider about it night & day, but I fear I can but realy I make out the Lemon Duce very well, we leave Mrs H again on Friday, dont my dear Soul be alarmed about the Affair, if you think it better not to come we shall meet I hope not 3 weeks later, thank God for that he seems horribly tired of being here, & impatient to be in Town he sais he'd not be from London when the parliament meet for the world, & I hope will be there some days before, he is not yet well so any how thank God we shant be very long as under tho' indeed while I say so, a day nay an hour appears Ten thousand years, but my Soul if you think you can come safely we'll settle every thing the best thats possible & we may perhaps do very well—O I dont know what to say, I say and unsay every minute—I long to see you and yet I would not do any thing that might be against our future meeting, in short I'd say no more for I scarcely know what I say my Dearest Soul think it over and I'm vastly in hopes every thing will be for the best & will happen well and fortunate at last, I am racked between to se my Dear Friend, and fear of being found out, but dont my life be uneasy, think it over and either way you determine will I dare say end well, I've told Carry you will write a [Page 32] Line to me by her in Lemon Duce,—how happy it is we come to Town so soon let us think of that —this Letter is to set at 6 in the morning by the post as I must send it down as soon as I can that my sitting up may not be particular & cause my Letter being suspected so I wont say much more but that I love you and always shall my Dear Dear Friend pray dont be vext about this affair ask Trusty what he thinks of it God bless you my Dearest Dear Soul
Ever with the most sincere affection Yours H—
We have gone on just as usual but to day we had a heap of men to dine here Sir W: Williams stays all night Mr. G—r goes off in the morning, Farewell once more my Dearest Friend dont pray be uneasy I intreat you my Soul Je vous etimerois ettern [...]lement tres cherie [...] adorable Amme
What Joy will it be to me when I can see my Dear Soul
Bon Soir
The foregoing Letter was inclosed in a Cover directed to the D— of C—.
LETTER XIII.
YOUR last Letter I must own my dear little Carry makes me very uneasy as I was very plain you was in very low Sperrits, & I'm afraid indeed not well, I am sure I love you too well to risque running you into any scrape therefore if there is the least Appearance of it I wd not give any Chance of it for the World. the report you know my love is very [Page 33] false therefore that particular dont make me uneasy as it will be proved to the contrary by seeing we live together, it was some spiteful person raised it maliciously and very silyly indeed As the whole world must see the contrary, Mama's mentioning it in a serious style to you was very ridiculous as she knows we are living together here & it may be of some use both in regard to her & the World in general as they will se false reports rais'd, if you remember there was exactly the same report raised of Ly Barrymore about the time she was at Bath, the people seeing that false (and I remember myself for one) said we imagined every thing else was so & I assure you my dearest Carry I propose behaving in such a manner as will be quite proper and clever when I come to Town which I hope will be very soon and I shall tell you all my plans when I have the happiness of seeing you—Mama's behaviour to you & speaking to you in that manner I do assure you hurts me much more than any thing in regard to myself; how little Mama's friendship is worth having when she is turned and wound about every different way by a little flattery if she was my friend to day & abused my enemy, if to morrow they falsely told her they lov'd her by way of emposing upon her, & getting her to their sides she would still be more inveterate against me than she had been against them—I have been very ill us'd in the World & those that have profess'd themselves my friends have generally acted to me in this style, you my Dear Carry have been a real friend, and I shall ever acknowledge it with my last Breath, and ever be sincere to you I only wish it may ever be in my power to serve you I would be happy beyond measure to prove it to you indeed I would, I am capable of sincere friendship, I've only my own word for it now, but will prove it with joy and thankfully if fortune will but let me—my poor Friend indeed has taken a most terable Journey and only just seen me twice, they are very prudent & told me the 2d time they should set out immediately for fear of danger, You se by this means my love it [Page 34] was empossible for me to write as I did not know it till then, and you know that in the Place I saw them it was impossible to write, or indeed my Dear I should not have been so ungratefull not to have wrote as I promised & answer'd yours—my dear I am very low spiretted I wish I could have a fly over to you & talk every thing over and I do believe we shou'd make one another easyer, when you know how I propose to act—I wd not have you indeed send any more to S—ros as your Servants seem to suspect and be so cross about, for I would not have you run a risk for me for the World. If I had had an idea of it I wou'd not have ever ask'd you, but I thought by one way or other either happening to call or send as it was only now and then it wd not be suspected, but as they once begin to think, its much better to do it no more, I desired my Friend to send Saturday Morning for this & to send one to you as I thought that way would be safe & I'm to send another for them to send for on Thursday sev night, unless you think it will be dangerous if so let me know and I'll never send again, but contrive some way just for one more or so which will be all I shall have occasion to write before I set out just to let them know the day we set out for we shall set out I do believe & hope in less than three Weeks for he said to day he did not believe he shod stay so long as he at first thought which was against the Meeting of Parliament so may be we may set out in a Fortnight he seems horridly tir'd of this place & is fidgeting for ever into Wales &c he sets out for Wales to morrow and only came back from there sunday so I hope it cannot possibly belong now before I shall see my dear little Carry again don't be low my dear love I'm afraid you'll make yourself ill, I wish to God you had a little Country air—never mind what any of them says nor let them vex you I'v a vast good plan to tell you of; so if people don't change their note this Winter, I know you are laughing & think I am only building Castles in the air, but [Page 35] see if you dont find it as I say I assure you you will— I'm quite uneasy about my Friend I dont think them well—I've advis'd them to go into publick as aint you of my mind that it would appear too particular for them just to come out when I come to Town & they think so too well God bless you m. Ld is come home so I must not say much more at present but you shall hear again from me ver. soon. I think what you say in regard to Billy may do very well I'll try when I come to town by hints as you say pushing the Preferment Ah a Wheel within a Wheel, I'd lay any thing some of the Gros-rs have been at Mama canting the Devil take such deceipt and old about your going out with me never mind the cant prove any thing dont be frighted for thats impossible let her suspicions be what they will, for she is very credulous in every Gosops Story—Adieu m. Dear Soul forgive the writing nonsense and be merry pray, I've many things to make you laugh about when I see you and believe me ever most
Robin for ever talks of you he and Dick [...] send their lovs he has been drinking Aunt Tarralilines health just now
The foregoing Letter, and that directed to the D— of C—, were inclosed in a Cover directed by Lord Grosvenor as follows:
To the Honble Miss Vernon St. James's Palace London
Free Grosvenor
LETTER XIV.
MOST sincerely unhappy I felt ever since we parted, both in having lost your dear Company which is so great a happiness to me, and in the [Page 36] thought of the cold dreadful Journey you have had indeed I've been miserable about you, I'm afraid you are scarcely arrived yet, I've not heard any news at all about you but I've been very low spireted ever since tho I've hid it as much as in my power, I dont know to express my gratitude to you for the constant proofs you give me of the sincerity of your affection, I'm sure all the trouble you have taken only just to se me thoroughly convinces me of it you say all the return you desire is my affection and Friendship indeed you have them most sincerely, my heart is always with you indeed it is my dearest Friend— they came home sunday to dinner he was here a little before the rest he came on horseback as he rode part of the way I grew in a fright least as he rode he might have come to shorten the way through the fields & met you, but hoped as he did not arrive till nearish 3 that you was got to where you dined first, to day they are gone to Chester to dinner, and tomorrow I believe they set out for Wales again for 2 days, I wish we had known it beforehand and may be we might have contrived to have made some use of it but perhaps it may in the end be better as it is, I hope I shall have the happiness of hearing from you & if he is in Wales I shall endeavour to catch my letter before he comes—I hope C wont make any objections to receiving & sending the letters by the means you propose of sending Trusty to her, if she does pray let me know & I'll be sure to find a method of writing to you, & I'll tear my brains to pieces but I'll find some way of hearing once or twice from you while we are here I thank God I dont beleive it will be long for he has been taking to day of setting out & sais he believes he shall go before he at first thought of which was against the meeting of Parliament, as I am in vast hopes he will fix the day soon, & I will immediately write you word when I know, as soon I hear from you and C— and find if I may write again by her I will take the first moment any how if I dont hear to the contrary from C— I'll write [Page 37] the beginning of next week that if you send on Thursday sevenight it will be at C—y's I shall be sure to find some opportunity as I dare say he will not be long together at home—while I feel it so cold I'm in pain and Misery for you good God in those post Chaises how starving it must be I'm so in fear it shou'd hurt your breast, do take care of yourself pray my Dear Dear Friend and if you aint quite well pray take some advise, don't take it ill my plaguing you so but really I love you so much I cant help wishing you to take more care of your health.
he seems in a tolerable humour not much one way nor other but still drinks toast & water and very little wine he had a little weazing last night, I suppose dining out to day wont do him much good he sais as the weather is so cold he could get off his business in Wales, but I realy believe he is very glad of any excuse to carry him there as he dont seem to know what to do with himself at home
I do believe & hope there is no suspicions about you, & indeed tho painful I'm sure to both of us I really beleive it was the most prudent thing posible to go before people talked or began to suspect; nothing here has happened worth relating, I've Breakfast'd din'd & sup't gone to bed & rise at the same hour as usual but we rehearst our play in my Room the other night, I fancy it will be done middling well its a most horrid play but they will have it, I must act both the womens characters we are not to have the general Rehearsal in the Playhouse till Monday evening— indeed my dear soul you are very prudent in intending to go a little in publick before I come to town, it wou'd really look much too particular just to come out then & might cause remarks which possibly might be conveyed to my Ld. & every thing of that sort might rouse him & make him more and more observant to prevent our Meetings, and the best thing we can possibly do now is to make him believe it is [Page 38] all over between us, and we have really I beleiv blinded him for some time at least he has no proof about us, & I hope to God that by degrees his suspicions will be lull'd & then we may form some plans for our meeting happily we must not dispair but look forwards that is the only way to support ourselves under our present unhappy situation & there is probability of many things happening to mend the present, so we think like Philosophers & believe every thing is for the best & hope we may enjoy better days soon, & indeed I think it very probable my dearest & dear Soul with this idea be happy, if I knew you were so I shou'd be more than half way to it, as I assure you what concerns you is more to me than my own feelings upon any thing. God forbid there should be a Warr if you go what then remains for me but misery, dont lets think on that, no, its wrong, one must not meet misfortunes, but how can I talk so, I'm sure that is not adopting the Style I before proposed to look forward for better times—I shall long to hear from you my dear life, indeed I do, I am afraid you had a miserable Journey indeed, I hope C— will manage our letters as you send, if she wont dont be uneasy I'll certainly contrive some other means to write and to hear from you—I shall write to C— as soon as I've done this & persuade her all I can, I really think no body can suspect any thing as you said—so if you send to her the Thursday after you get this you'll find another from me, I think I have better now conclude and write my letter to C— as I imagine he will come home pretty soon, or I could write to you for ever, indeed my dearest Soul I could tire you to death with my nonsense—I shall only now add what I have often said to you my Dearest Friend, that you may ever be assured of my tenderest & most sincere affections & that I shall ever remain in the truest sense of the expression
You have thoro'ly convinced me of your regard for me which I prise above all things & can never thank you enough for the proofs you have given me of your Love.
The foregoing Letter was inclosed in a Cover, directed To The D of C
In the Cover was written as follows:
Pray my dear do tell my poor Friend Foulkes I very sincerely condole with him & advise him not to mind the old people if he loves her & she loves him to persuade her to run away with him, it will be delightful, I wish to Goodness they wou'd
LETTER XV.
How do you do I'm in constant Expectation of a letter from you, & hope it will arrive to morrow Morning, I long to hear you are in better Sperrits, and my Friend well, thank God I shall have the Happiness of seeing you very soon, my Lord setts out next Wednesday he goes to Newmarkett in his Way, I shall set out about Monday or Tuesday Sevenight and to be in Town the end of the week, as I come slow with the Children, I hope I shall see my dear little Carry as soon as I arrive, I shall send to your Lodgings immediately and hope you'll be able to come to me, I shant tell Mamma exactly when I come, I shall say the End of the week towards the Sunday, because I must see you first, & if she knows she will come and spoil all our Comfort, I'm in great Anxiety to se poor dear Mrs. Hill before we go, but I sadly fear I shant, but I have some hopes [Page 40] they may be able to come before we set out, at least before I do—we have got our Play Lethee quite up, and are to Act it on Tuesday Evening in the Playhouse litt up, & all in Order, I do both the Womens Characters, I dont much relish them, but they Are pretty easy, I shall have no trouble with them & we have some very good Actors, and I believe it will be altogether very well acted we have had many Rehersals, and we are to Rehearse Monday & Tuesday Morning in the Playhouse to be quite perfect against the Evening, we have Rehearst in the Playhouse once or twice, we are to have an Orchastre of musick, and Company to se us Tuesday & if Toms who is one of our Actors dont set out with my Ld. on Wednesday we shall act every Evening till we set out, my Ld. is going presently to dine at Chester to day and the Gentlemen who are here, I hope Almacks was agreeable & how was the Ball at Court, I hope you got up your Sperrits & enjoy'd it, I hope you got my last letter safe,—my little Boys are very well & send their loves to Aunt Taraliline, I ride out almost every day as the Weather is very fine, and it always agrees vastly with me, I often wish you of my party, I'v a very pleasant Chare that goes very pleasantly & I Gallop very hard some times, I shall be very happy to hear from you before I set out, but I cannot be sure of receiving it, if you write later than Friday Nght so do if you can write on Thursday, & make a cross under the Seal as otherwise I maint get it, if you do that I shall be sure of it, if you cant write before Friday to write then as the Post will bring it in the Morning I set out, & earlyer then we shall be gone, so that w' do if you cant on Thursday my Ld. is but now set out for Chester which is the Reasons that in the former Part of my Letter I cd say nothing but as it was late was forc'd to begin for fear it should be too late for the Post, and dared say nothing but what he might see, for fear he sho'd come up, the Post goes out at half past Two, it's now within a [Page 41] quarter of the Time it must go & I'v my Friends to write wch shall I do, and how happy I am I shall se you so soon do come to me as soon as ever I arrive what a vast deal of Talk I shall have, if you can write to me on Wednesday Thursday or Friday do pray, & you may say any thing and my Friend write in Ink it will be sure to come safe as nothing will prevent his setting out on Wednesday as he has particular Business at Newmarket I believe he will be in Town for a day first, if he should even be taken ill or such unforeseen Accidents happen. I'll meet the Post Boy in the Lane pray remember to put a cross under the Seal, every thing has gone of well not a Creature have I heard a Word from, & he is in very tollerable Humour, Farewell my Dear, I have not Time to say more I fear it must be too late, but if so there is another Post at six in the Morning so Adieu & Beleive me my Dearest Carry
I hope the way my Friend takes of sending Trusty as its only for twice wont be disagreeable to you my Love or suspected we thought it w'd be much the safest Way
Pray burn all my Letters how does Mama behave
O dear how can you get this to him, as I quite forgot he was not to send Trusty to you till Thursday, I wd not loose this opportunity for I cannot write then he will be at home, but on Wednesday as soon as he is gone I'll write to you as I can tell you exactly the Day I'm off and you'll get that Friday Night or Satt. Morning what can be done I doubt he wont have it in time to write on Wednesday or Thursday, I feer you cant send it Once more dear Soul
[Page 42]After Mr. Wedderburn had read these Letters, which took up very near an hour, he entered into observations on their contents, as well as the case.
He asked (as the words mutual feelings §, and ‘I hope I shall never have occasion to repent this confidence,’ were mentioned in one of her letters) "What mutual feelings should pass between a married woman and any other person but her husband? Or, why the word repent should be used, if it did not strongly imply a foregone dishonour?" He observ "That it would be given the Jury in evidence that his R— H— had assumed the fictitious name of Morgan, a country 'Squire, not very sound in his understanding; that he had taken down a servant with him to St. Alban's, who went by the name of Trusty, for the purpose of facilitating this amour." He therefore asked, "What pain of mind it must cost his R— H—, for one of his elevated station to associate himself for several days with his own servant, pass under a fictitious name, and forego all those honours and distinctions usually paid to his rank, if he had not this dishonourable scheme in pursuit?"
After finishing these observations, which were made with great accuracy and judgment, he told the Jury, "That they had two principal objects for their observation. The first was the very great quality of the defendant, and the second the irreparable injury sustained by the plaintiff. As to the former, he said, no given sum could be punishment sufficient, as the elevated rank and situation of life he sustained, should the more deter him from setting a bad example to the subordinate classes of society." He observed, "There were certain situations in life, that made the same offence more criminal in one than another, on account of the greater duties they may owe the offended party in particular, or society in general. This he instanced in the case of a servant prosecuted for crim. con. with his master's wife, when the damages were [Page 43] laid very considerable, though the offending party had no fortune to bear it; and this he said was done for very wise purposes; to point out to society the greater breach of duty in a servant, from whom confidence, respect, and fidelity, were more immediately expected." He observed, in the present case, tho' the damages may be thought to be laid high, yet, as it was all the punishment the law could inflict, none of it ought to be remitted, as they had it now in their power to convince his R— H— in particular, and every man of rank in general, "That the laws of England in the hands of a BRITISH Jury, are always superior to situation and connections. He likewise hoped, that this would, in future, direct his R. H. to nobler pursuits than the seduction of the wife of a Peer, and incline him to copy from a very near relation of his (meaning his M.) whose conjugal attachments, abstracted from his other virtues, not only ornamented the throne he filled, but shewed a bright example to his subjects in general."
And now, gentlemen, continued the learned and eloquent Counsel, I shall leave you in possession of these sentiments, and only direct one thing more to your consideration; which is, that you have now before you the chastity and honour of the sex, the sanctity of marriage, and the custody of British morals, and that your determination will severally operate on each of these."
Several witnesses were then called, the first of whom was,
The Rev. Mr. Taylor.
A clergyman, and chaplain to Lord G. proved the marriage of Lord G. with Miss Harriet V —, on the 19th of July, 1764, it having been solemnized by this witness on that day; proved their having lived happily and well together from that time until the present affair.
Elizabeth Sutton.
Was employed to take care of the Countess of Dunhoff's house, when the family were out of town [Page 44] —Knew Lady G—. Said that the Countess of Dunhoff went out of town in the month of May, 1769, and staid five weeks in the country. That the day the Countess went out of town, Lady G. came in the evening, about seven or eight o'clock, and said her brother would come there that evening, and then Lady G. ran up stairs into the drawing-room; in about half an hour after a gentleman came in a chair, with a double knock, the curtains of the chair were drawn very close. He had on a blue great coat,—he got out of the chair, and ran up stairs very quick, he went into the drawing-room, where Lady G. was. The witness did not follow him into the room, but went up about half an hour after, with candles. The lady and gentleman were then sitting on a couch, close to one another. The witness shut up the windows, and left the room. She said they staid till about a quarter past ten o'clock. That it was then about the latter end of May. That Lady G. went away in her coach. She, this witness, wondered the gentleman did not go away with the lady; but that, soon after he came down stairs, and went away on foot. The gentleman was very fair, with light hair, and large eyes, had a scar on the side of his neck. The very next night after, they came again, both of them, in the same manner as before, and staid pretty much the same time. Lady G. went away alone, and the gentleman soon after. They never did stay later than eleven o'clock any night—That they came there three or four nights one after another, in the same manner. That one evening, as the gentleman was going away, the husband of this witness, a labouring man, happening to be in the hall, and upon her saying that the gentleman was Lady G's brother, her husband made answer, "No, you fool, that he is not, I am sure, for that gentleman is the D. of C." —She said that the couch did remain and continue in the drawing-room at all these several times of their coming.
Cross examined.
She said that Lady G. always came in her own coach, and attended by her own servants—That until the husband of this witness gave her cause to think otherwise, she always verily believed that the gentleman was Lady G's brother—That she never observed the door to be locked, when she went up at any time, when they were there.
Samuel Sutton.
Husband to the last witness, said, that he knew the person of the D. of C. and that he saw him, about the latter end of May was twelvemonth, one evening, at the Countess of Dunhoff's house, and informed his wife who he was.
John Bourne.
Servant to the Countess of Dunhoff, in the capacity of postilion, had lived with her three years and a quarter.—Remembered to have seen the D. of C. at his lady's house about a year ago, who then asked him to carry a letter to Lady G. and not to tell his own lady of it. He was to take the letter as if it was from the Countess of Dunhoff—which he accordingly did, and the Duke gave him half a guinea for his trouble—Said he still continued to be servant to the Countess of Dunhoff.
Thomas Denison.
One of Lady G's footmen, remembered about February, 1769, that he attended his lady to Almack's; that he was ordered to return at eleven o'clock at night; that she then went away in a figured chair to the Countess of Dunhoff's, in Cavendish-square, where he saw the D. of C. come in at that time.—He remembered that in the month of May, 1769, his lady was at Cravenhill, near Paddington, and came [Page 46] from thence frequently to the Countess of Dunhoff's. —That he had often attended Lady Grosvenor to St. James's palace, about the latter end of April, or the beginning of May, 1769, where she was set down at the fore-gate, that he had seen her then go cross the court-yard, at St. James's, into the Park, and go in at the D. of C's back door in the Park, attended by the Countess of Dunhoff, and that upon these occasions, which were generally at about eight or nine o'clock in the evening, it was Lady Grosvenor's custom to discharge the coach, and order it to come again in two hours time; after which she returned through the Park the same way to her coach; that this happened four or five times.—That about the latter end of September, in the same year, he had attended Lady G. to Kensington gardens, where the D. of C. had frequently met her. That in the month of October, in the same year, he attended his lady down into Cheshire. The first night she lay at St. Alban's, the next night at Towcester, the third night at Coventry, the fourth night at the Four Crosses, the fifth night at Whitchurch, and the sixth night at Eden-hall, in Cheshire, the seat of Lord G. That after his Lady's arrival there, he observed she walked out in very dirty weather, and in very dirty fields; that he remembered goins once to deliver a message to her in the fields, and saw her with a man, sitting down or lying down, he could not tell which; that upon seeing him, she suddenly got up and ran towards him; that he did verily believe the man to have been the D. of C. That whilst his lady came towards him to take his message, the man seemed to skulk behind a tree. That on the 21st of December last he attended his lady at St. Alban's, where she was that day, on her return to London. That he, this witness, being already gone to bed, was called up by Mr. Stevens, the butler, who likewise attended Lady G. on her journey to London. That Stevens told him there was a man locked up with their lady in her bedchamber, and that he had called him, this witness [Page 47] up, as it was his, Stevens's, intent to break open the door, which he did accordingly effect with an iron poker; that when the door was broke open, he saw the D. of C. standing in the middle of the room, drest, that it was then about eleven o'clock; that Lady G. got to the opposite door, which led to another room; that the D. was buttoning his waistcoat, which had been open.—That Lady G's neck was naked; that her dress was such an one as did button down before, and likewise buttoned at the wrists. That he thinks they call it a jesuit.—The D. upon the discovery being made, stood very much confused, like a statue, and could not speak; that when he did, he said, Gentlemen, I hope you will not hurt me.—He then attempted to go out, but Stevens called out, Stop that gentleman. As soon as the D. had got into another room, he said. Take notice, I was not in Lady G's room; to which Stevens made answer, No, you are not now, but you was this minute; to which the Duke replied, He would take his Bible oath he was not in my lady's room. This witness observed the bed to be very much tumbled, but not the bolster; said that he knew the D. very well, that his coat was darkish, his waistcoat of a light colour, that he had a silk handkerchief about his neck, and a dark round wig on, that he had white breeches, and white stockings.
Cross examined.
Said that when he saw his lady first in the fields, he was upwards of a hundred yards off; but when he delivered his message, he was not twenty yards off; said that when he attended his lady to Kensington-gardens, Lady Carolina Vernon was usually with her, said that at St. Alban's, the servants of the house were not at the breaking open of the door, but that they did come up soon after and before the bed had been examined.
Edward Bennet.
One of Lady G's footmen remembered going with [Page 48] his lady, in the month of June, 1769, to Carlisle, house, along with Lady Harrington. They staid there about three quarters of an hour, and then came away; remembered to have kept places at Drury-lane, in the month of February, 1769, that the D. of C. came into the box and sat down, and told him he need not stay any longer, for that he, the D. of C. would take care of the place for Lady G. Remembered that in the month of April or May, 1769, his lady and the Countess of Dunhoff went several times in the coach to St. James's palace, and from thence walked through the court-yard into the Park, and so in at the D. of C's back-door, &c. Confirmed the evidence of the last witness as to the St. Alban's affair, with this addition, that he, this witness, put his ear to the key-hole of the door, and could plainly distinguish two voices whispering to each other, upon which Mr. Stevens, and this witness, broke the door open.
Robert Gedding.
Said he was porter to the D. of C. that he had seen Lady G. acknowledged that he did attend the D. of C. to St. Alban's in the month of October, 1769; did not remember the precise hour of the day they arrived there, but believed it was in the afternoon. That there was one servant with him besides this witness; that he was a groom, and his name John Swan; that they lay at St. Alban's, and went forward next day through Stony-Stratford, lay at Towcester next night; remembered that the Duke's chamber-door was chalked by him, this witness, and said it was his usual custom to do so; said that the D. was dressed plain like a country farmer, and this witness in the same manner, and passed for such kind of people, by fictitious names, which he, this witness, gave them of his own accord, without any orders for it from the D. that they came back to London the next morning from Towcester, sat out from thence, about two in the morning, but returned back in the evening from London [Page 49] the same road again; that they went on all night, lay at Coventry the next night, and at the Four-Crosses the night after, did not know there was any other company at the inn; that they got to Whitchurch the next night, but at what hour could not tell. The next day at Barnhill, where a family went by, whom they found afterwards to have been Lord G's. They then went to Chester, and from thence to Eden-hall, where his R. H. went to visit Lady G. The next day he went also to visit Lady G. and came back to the Falcon at Chester, where they called each other farmers, and passed as such; did not recollect that he did chalk the door of the Duke's chamber when at the Falcon at Chester. The next day the D. went again to visit Lady G. said that his R. H. never went into Lord G's house at all, nor even into the garden, except on the Saturday, which was the first day, but always saw her on the outside of the garden rails; that they lay on the Monday at Marcourt-heath, saw Lady G. on Tuesday, lay that night again at Marcourt-heath, and returned to London the next day; that the occasion of their sudden return was, this witness thought that his R. H. was known at Marcourt-heath, and therefore advised him by all means to return to town immediately. Said positively that his R. H. did not at any time go into the house of Lord G. remembered that he received a parcel undirected from Lady G. in the month of December, in answer to a similar parcel which he had carried down to her from the D. of C.
Cross examined.
Said that until their arrival at Barnhill he did not in truth know that the D's journey at all related to Lady G. declared that at every visit the Duke made to Lady G. this witness was present, and in sight the whole time; that sometimes they were walking, sometimes standing, sometimes sitting on the ground. He said that at St. Alban's, on the 21st of December he observed a man in a blue coat, who was boring [Page 50] holes in the door of Lady G's bedchamber, and that he, this witness, acquainted the Duke therewith. That at the time of the breaking open the door, the witness was in bed, but got up directly, being roused by the noise; that when he came into the bed-chamber, my Lady was gone, and the Duke was not there; that the condition the bed was in was as if one person had been sitting upon it, and no more; merely the pressure of sitting upon it, and no more.
John Burton.
Said he was waiter at the Tun-inn at Towcester; that in the month of October last, two persons were at the Tun-inn, who passed for farmers, whom the witness believed to have been Mr. Gedding and the D. of C. said that he, this witness, attended them both at supper, and remembered to have told them both, when at table, that Lady G. was in the house, with her family; remembered that the two persons set out towards London, at two o'clock in the morning.
Jane Charlton.
Lived at the Four Crosses in October last; that sometime in that month, a gentleman and two servants came there, the gentleman was low in statute, that she had seen him since, and knew him to be the D. of C. The servants said his name was Morgan, and that he was rather disordered in his mind. Remembered that his chamber-door was chalked. That there was another family in the house that night, Lady G's, who lay herself in the next room to the gentleman.
Sarah Richardson.
Lived servant at Whitchurch, in October last, at the Red Lyon inn; that Lady G. came there one day in that month with her servants; that she desired to see the chambers, which this witness shewed her; that she was shewn one of the best rooms in the house, which she did not like, and made several objections [Page 51] to; that she afterwards went thro' the rest of the rooms, and made choice of the worst room in the house; that it was noisy, being near to stables, that some of the windows were broke, and the room very damp. That she remembred two gentlemen were there, who were, as she has since discovered, the D. of C. and Mr. Gedding; that they had a servant with them. That the D. past for a young 'squire, one 'squire Morgan, who was a little foolish in his mind, and travelled about for his health, under the care of the other gentleman, Mr. Gedding, who went by the name of Farmer Trusty,—That she remembered the young 'squire's chamber-door had a chalk mark upon it; and she likewise remembred the room Lady G. made choice of, was in the same passage, and nearly opposite to the young 'squire's chamber.
That Lady G. went to bed about nine o'clock, and that about twelve o'clock, as she this witness was sitting in the bar below, along with a fellow-servant, adjusting their money-accounts before they went to bed, they heard a rustling of cloaths in this same passage; that this witness would have gone up stairs to know what was the matter, but her fellow-servant stopped her, saying, It is only the foolish gentleman; and added, Don't go up, perhaps the fool may harm you. That when the witness made the young 'squire's bed the next morning, it was most exceedingly tumbled, so as she never saw any bed that had been lain in only by one person, and there were she did not know how many pins in the bed. That she observed nothing particular in Lady G's bed.
Mary Spencer.
Said that she was mistress of the Red Lion inn at Whitchurch, remembered in the month of October last the two gentlemen being there, who past for 'squire Morgan and Farmer Trusty, together with a servant; —remembered the young 'squire's chamber-door being chalked; remembered Lady G's being there, and her [Page 52] choosing the worst room, whilst others were vacant.
John Jones.
Said that he kept the inn on Marcourt-heath, that the D. of C. came there in the month of October last, and stayed several nights. That he went by the name of farmer Jones; and had another person with him called farmer Trusty. That he staid till about the 3d of November.
John Andrews.
Said he was a servant to Lord G. remembered his Lordship came down to Eden-hall on the 3d of November last. That he, this witness, came there on the 2d of November, both from Newmarket.
Matthew Stevens.
Said he was butler to Lord G. was at St. Alban's, at the White Hart inn, on the 21st of December last, attending his lady and the family from Cheshire; that they came in about half past five o'clock; that upon arriving there, he made enquiry, and found there were two gentlemen in the house, one of whom he had strong reasons to believe was the D. of C. That this witness took an opportunity in the evening to bore two holes in the door of the bed-chamber his lady had made choice of, and stopped them with paper. That he then went down, attended his lady at supper, and carried in a dish of meat to the table; that his lady retired to her chamber before nine o'clock. That he made her a negus, as was his custom, and carried it into the parlour, but finding her gone, he went up stairs with it to her chamber. That she took the negus of him at the chamber-door, and shutting the door, turned the key upon him. He went down and fetched his brother John Stevens, who kept the Woolpack at St. Albans, and, returning some time after, he took the paper from the holes in the door, and applying his ear, very plainly perceived two voices, [Page 53] one of which he knew to be lady G's, he could not however distinguish any words. That soon after John Andrews, the groom, bringing him word the D. of C. had ordered a chaise to be ready at two o'clock in the morning, he was determined to lose no time, therefore he resolved to break open the door immediately, and he did so with an iron poker. That the door broke at the hinges, and not at the lock; and the first object he saw was lady G. endeavouring to escape into the next room; in doing so, she fell down; that this witness assisted her to get up. That her ladyship then said, "I suppose you think you have done a very fine thing now." That this witness answered her, "My lady I am sincerely sorry for the occasion." To which she said, "I am sure you are." That the duke got into the next room, and then said, "Take notice I am not in my Lady G's room;" to which this witness made answer, "No, you are not now, but you was this minute;" to which the Duke replied, "He would take his Bible oath he was not in my lady's room." That the D. was asked by this witness, who he was? To which he made no answer. That this witness called in the rest of the servants, who all declared they knew him to be the D. of C. upon which the D. was told, that his person was very secure, and that he might go wherever he pleased. That the bed was very much tumbled, as much so as a bed could be. That the sheets were exceedingly tumbled, and a dent on the farther side of the bed, like the impression of a head. That when he bored the holes in the chamber-door, he remembered there was no other light in the room but that of the fire; that no candle was in the room.
Cross examined.
Said that he did not know any lady of the name of Charlotte Wynn, or Miss Williams, nor did he in the year 1765. That this witness did remember to have carried a Letter from Lord G. to a lady at the Falcon inn at Chester, but did not remember her [Page 54] name. Thought that it was a message for the lady to come to Lord G. to speak with him. That he thought the lady might have been about five or six and twenty.
That this witness did not observe any thing very particular about Lady G's dress, as she turned about very quick. Nor did he observe any thing very particular about the D's dress.
John Stevens.
Brother to the last witness, and kept the Woolpack at St. Alban's. That on the 21st of December last, between ten and eleven o'clock, his brother broke open the door of Lady G's bed chamber; and confirmed the last witness in all that followed.
Several other witnesses were called on in succession, who all corroborated the discovery at St. Alban's, which seemed the principal point aimed at by the plaintiff's counsel.
Mr. Dunning began the defence with observations on the proof, which he said was so far from being positive, that it was not circumstantial; and that if it were admitted upon this occasion, it would open a door for many artifices that might be practised upon the unwary by artful women, in combination with their husbands. After expatiating upon the impropriety and danger of allowing such proofs, which he did with great energy, he then produced the following exculpatory witnesses.
Mrs. Langford.
Who said she was mistress of the White-heart inn, at St. Albans's; that upon her coming into Lady G's room, the bed appeared to her as if it had been sat upon by somebody, especially on that side next to the fire, but did not appear at all as if it had been lain upon; that Lady G. appeared much in the same dress as when she came in; that her head dress did not appear at all disordered.
Cross examined.
Did not recollect that she had at any time since declared, that she had not particularly observed the situation of the bed.
Sarah Gilby.
Said she was chamber-maid at the White-heart, at St. Alban's; saw the room after the door was broke open; that Lady G's servants and the waiters of the house were all there; that she saw my Lady G. that her hair appeared no ways disordered; that the bed was flatted on one side, as if it had been set down upon, but not as if it had been laid upon. This witness said that she warmed Lady G's bed twice that evening.
Cross examined.
Said she gave the key to Lady G. which was before on the outside of the door, and this she did before she carried away the warming-pan; that the corner of the sheets were a little tumbled; acknowledged a paper that was shewn to her, to have been subscribed by her, but says that when she signed that paper, she was very much flurried, and it was so soon after the affair, that she could not then recollect what had past so well, as she had been able to do since.
Thomas Robinson.
Said that he was a waiter at the White-heart, at St. Alban's; thought the bed had the appearance of having been set down upon, but, to the best of his belief, did not appear to have been laid upon.
* Mr. Morton spoke next, and supported his brother Dunning's arguments very forcibly, and at length [Page 56] allowing for the argument's sake that her ladyship might have been guilty, he said he had several witnesses to prove that his Lordship had frequently been guilty of the same crime.
These witnesses being sworn, they were called upon to prove that his Lordship had connexions with them; when, by Lord Mansfield's direction, the leading questions only being put, these ladies answered as follows.
Mrs. Beau Germain.
Said that she knew Lord G. had known him ever since the year 1768; that she was introduced to him by one Mrs. Muilman, who lives in Crown-court, in Westminster; that she, this witness, first saw Lord G. in Jermyn-street, at a stay-maker's, where lodgings were taken for her by Mrs. Muilman, in order for her to see Lord G. in them: said she had particular connexions with Lord G. as man and wife; that she was known to him by the name of Sarah King; that she continued in that lodgings three weeks; that she did not afterwards see Lord G. for eight months, when she saw him at Miss Woodfall's in Oxford-road; that she lay-in in April, 1769; that the child was Lord G's, of whom she received a 20 pound Bank note.
Cross examined.
Acknowledged she knew Mr. Gedding, the Duke of C's porter, very well; that he came to her lodgings in order to bring her the subpoena; that she told Mr. Gedding the whole story some time ago, and came there merely to serve Lady G. and to support the cause of the whole sex; said she was married to a Captain of a French ship, and that they have expectations from a brother of her husband's.
Mary Howe.
Said she knew Lord G. had seen him at Mrs. Lloyd's house, where she came to lie with Lord G.
[Page 57]That she did do so. That she saw him three days after, the same again. That she saw him next day, but that nothing at all past then.
Cross examined.
Said that she lived in Mercer-street, Long-acre, and knew Lord G's person, if she saw him.
Mary Waten.
Lived in Bolton-row; said she knew Lord G. and had seen him at her house; that he came to see some waistcoats belonging to Mrs. Tremilly.
Ann Tremilly.
Said she knew Lord G. and that he came to Mrs. Waten, in order to relieve her [Mrs. Waten] she being in very great Distress; said she knew Mrs. Gunning, and that she met my Lord G. at Mrs. Waten's once or twice.
Mary Smith.
What acquaintance had you with his Lordship?
A very intimate one.
Did you eat together?
Yes.
Did you lie together?
Yes.
Any farther connexion?
Yes; in every respect like man and wife.
These witnesses being examined, the Counsel for the Plaintiff gave the reply, which lasted a full hour, and in one part particularly created a great laugh in observing, "That however aggravating the circumstances were otherwise, they could not charge his R. H. with intriguing merely for the sake of intrigue, as the incoherency of his letters plainly proved him to be really a lover."
Lord Mansfield began about half an hour after six, and, with his usual clearness, summed up the proof [Page 58] with the utmost strictness and impartiality, and concluded with saying, "That the jury were to consider the damages received, and give an adequate recompence to the person injured, and not give a sum as a punishment upon the person who committed that injury. As in that case, it would become rather a fine, which would be incroaching on the power of the court, in whose breast the inflicting fines alone depends."
His Lordship's speech continued till fifteen minutes before eight, when the jury inclosed till ten minutes before ten, when, of the three complaints, they found the defendant only guilty of one, and then set off in carriages for Bloomsbury-square, with their verdict, finding for the plaintiff TEN THOUSAND POUNDS damages.
Upon the arrival of the jury at Lord Mansfield's, in Bloomsbury-square, a number of people, whose curiosity was very great, had collected together round the door; and before the jury had well got into the house, many rushed in with them, Lord Mansfield being acquainted with the arrival of the jury, he came into the hall from his room, by a private door; and being attended by the proper officers of the Court, the usual questions were asked, whether they were agreed in their verdict, and who should speak for them? when he received their verdict, and immediately withdrew. Some of the people, who were nearest the door, after having heard the verdict, communicated it to others; and a loud huzza was heard, as approbatory of the jury's conduct.