THE TRIAL

OF AN ACTION OF ADULTERY, BROUGHT BY THE EARL OF

WESTMEATH

SHAW.*

AGAINST THE HON.

AUGUSTUS C. BRAD

COURT OF EXCHEQUER.

THIS was an action on the case brought by the Right Honorable Geo. Fra. Nugent, Earl of Westmeath, to recover damages from the Honourable Augustus Cavendish Bradshaw, for criminal conversation with the Right Honourable Mary Anne, Countess of Westmeath.

On the 20th of February, 1796, the jury being empannelled and sworn, Mr. Solicitor-General proceeded to state the case to the court and jury. He said, that he felt with peculiar reluctance the duty which fell to his lot this day, but the task, however painful, was such as his duty to his client indispensably bound him to perform. In common with every friend to morality and conjugal happiness, he felt for the depravity and incontinence he should have occasion this day to lay before a respectable and conscientious jury, who would, he was convinced, estimate, from their own feelings, the irreparable

This trial, whilst it exhibits Mr. Curran's abilities in another line, may be a seasonable relief to the reader's mind, already disgusted with plots and stratagems, treasons and treacheries. Like an interlude between the acts of a tragedy, it will call his attention, for a little while, from crimes to follies. 66 He will here get a peep behind the curtain," a degrading view of human nature, of that part of it called high life among "the better sorts of peoplethe well-borns of the land," who certainly ought to show other examples to "the swinish multitude." It is the duty of the moralist to expose vice in every rank, and show that it is particularly odious in the female sex.

injury sustained by the noble earl, who came this day to claim, from the laws and justice of his country, some reparation, in damages, for the wound inflicted on his honour,, his domestic happiness, and the comforts of his bosom, which no damages, however great, could heal. The case was of itself so strong, and so very atrocious, as to render little comment, indeed, necessary beyond the facts which, he was instructed, would be substantiated in evidence.

The crime was of a nature as injurious to society as to the individual, and peculiarly so, as it was perpetrated in that rank of life which, while it aggravated the guilt, was most likely to render the example pernicious. In stating this case, it would be incumbent upon him to keep, indeed, very much within the limits of his instructions, and instead of going to the extent he might, in explaining all the circumstances attendant on this shameful business, he should confine himself to those bounds which decorum, and respect to the court and so respectable a jury, necessarily prescribed.

The noble earl, in this case, was several years ago married to his countess-a young lady of most respectable family and connections, polished education, high accomplishments, and great beauty of person. The match, on the part of the noble earl, was purely the result of love to the lady, and by no means founded on any considerations which could arise from her fortune and the lady accepted his lordship's hand as well from motives of reciprocal affection, as from the considerations of rank, honour, and the respect which she was likely to enjoy in an alliance with a nobleman of his lordship's high rank, splendid fortune, and illustrious connections. It could not, indeed, be supposed the lady, or her friends, could have any possible objection to a match at once so eligible and advantageous. The slightest pretence of this sort never appeared or existed, and, therefore, the compulsion of parental authority in urging a young lady into a match violatory to her affections, or her delicacy, with a man of a disagreeable person, or advanced years, so fre

quently pleaded in extenuation for similar infidelities, could not be applied in this.

The noble earl and his lady lived together several years, apparently in the happiest intercourse of reciprocal affection and domestic felicity, surrounded by all the blandishments which high rank, ample fortune, and fashionable splendour, could confer. The lady bore his lordship several beautiful children.

His lordship, under all the tortures to which his feelings have been exposed on this occasion, impressed by the fondest affections of a parent to his offspring, the tender pledges of a once happy union with the woman he loved, had great unwillingness to bring forward this matter; but prompted by a sense of injury to the honour of his family, to the happiness of a husband and a father, he surmounted all obstacles of private reluctance, and resolved to appeal to the laws of his country for redress.

Mr. Solicitor here repeated to the court and jury, what he had been instructed to say would appear to them in evidence, and then concluded with observing, that he had heard it whispered, since he came into court, this action was not a serious one, and that it was not the object of his noble client to 、amerce the defendant in very considerable damages; but this insinuation, he declared, was utterly false and unfounded. Would it be believed, that the noble earl, who sued in this case, was so insensible to his own honour, or to the solemnity of a high court of judicature, as to play with a subject of this sort, or to bring forward a trial so materially interesting to the honour of his family, himself, and his children, as a mere matter of form? Would it be believed, that any man of profession, who held any regard for his own character or interest, would come forward as privy to such a pretended trial, and conspire to impose on a court and jury? The thing was too absurd and ridiculous to be believed for a moment. The noble lord had too great a regard for the dignity of his own rank, to harbour so mean an intention. The damages in this,

case were laid at 20,000l. a sum which, considering the rank of the parties, the irreparable injury sustained by his client, on whose domestic happiness an incurable wound had been' inflicted, and the affluent fortune of the defendant was by no means adequate to the offence. But, to the feelings of the jury, upon the justice of the case, he would submit the evidence, not doubting that their candour and impartiality would vindicate the confidence which the constitution and their country this day reposed in the important duty committed to them.

EVIDENCE ON THE PART OF THE PLAINTIFF.

The Rev. George Lambert being sworn, said, that he had married Lord and Lady Westmeath, on the 27th of April, 1784-that during the first six years of their marriage, he was in the habit of visiting the family frequently, and therefore could venture to say with safety, that his lordship and lady lived in the greatest harmony and comfort during that time; but what has taken place since he does not know.

Cross-examined by Mr. Curran. Mr. Lambert said, he believed that Lady Westmeath lived in London, and Lord Westmeath in Ireland. Admits that his lordship was a man of a gay, social, and convivial turn, and was a good deal in the society of gentlemen-the lady also was fond of gay company, that is "the high fashionable circles." He did not think that any of those ladies were methodists or swaddlers. He could not say, whether the objects of the noble lord and his lady were very different things-He can't answer for what happened in London with respect to lady Wesmeath's private affairs; thank God, he knew nothing of that sort.

Mr. Curran. "Now, Mr. Lambert, do you take upon you to swear that seriously?"—(A loud laugh in court.)

Answer. "I mean as to connections of a criminal kind." Mary Cuttle-Was house maid in his lordship's house in Portman-square, London, and proved the very frequent visits

of the honourable Mr. Bradshaw to the right honourable Lady Westmeath; he usually came alone, and staid very late,

Mary Dunn, the countess's nurse, also proved the frequent and unseasonable visits of Mr. Bradshaw, and that on these occasions she had orders never to bring up the childrensaid that Lady Westmeath slept out several nights, &c.

Eliza Leeks was "her ladyship's own woman"—frequently saw Mr. Bradshaw with her lady, and that she several times slept abroad during his lordship's absence-she described the condition of the sofas, couches, &c. after these meetings, and how her ladyship went to the masquerade one night by stealth when Lord Westmeath was confined to his room by sickness.

John Doogan, her ladyship's coachman, with a considerable quantity of brogue, gave a laughable description of the meetings of Mr. B. with lady W. " in her towers round the circular road."* The side blinds were up, but then the front curtains had not been completely let down, so that he had no doubt of what was going on in the carriage.

Walter Kennedy, another coachman-his testimony went further to ascertain and expose the shameful conduct of this meretricious woman in these coach interviews, at noon day in the face of the public. They frequently took place. One in particular he remembered; it was on an evening, as they were driving on the circular road; Mr. Bradshaw came into the coach-the blinds were up, but the silk curtains were not down, so he could not be mistaken as to the nature of the business.

The cross-examination of the witnesses by Mr. Curran (who is a complete master of the vis comica) afforded much amusement to a very crowded court. It was with great difficulty that even the judges could maintain their gravity.

* The circular road is a beautiful promenade and riding-place surrounding the city of Dublin, where all the beauty and fashion of the country go to show themselves, some in carriages, some on horseback, and many, rather than not be seen at all, on foot.