Crim. Con. Trial at Worcester. and are fomething between a maftiff and a strong fhepherd's dog. They are large, and exceeding fierce; but when once they have taken an attachment, they are very faithful to their mafter, watch him night and day, and are moft undaunted in his defence. There are hares enough in Corfica, but no rabbits; though Polybius, when talking of the animals of this ifland, fays, there are rabbits, and is very minute as to their form and qualities; faying, that at a distance one would take them to be little hares, but when they are caught, a great difference is perceived, both in their appearance and tafte. There are here no wolves, nor any of the larger wild beafts, unless foxes.can be reckoned fo, which are here indeed extremely `large and ravenous. It is faid, they not only destroy sheep, but have been known to devour even foals. ‚:ན”; CRIM. CON. TRIAL at WORCESTER, 273 Before Mr. JUSTICE HEATH, and WAKEMAN V. WILLIAMS. M pleadings. R. WIGLEY opened the pleadings. The declara tion ftated, that the action was brought, in order to recover, as a compenfation, damages from the defendant, for criminal con verfation with the plaintiff's wife. Mr. Erskine, as leading coun fel for the profecution, then en, tered into the fubject matter, upon which, he said, he had the honour to addrefs his lordship and the jury. The plaintiff, he ftated to be a gentleman well known to the jury, and as ftand, ing high in the esteem of the country at large. The defendant, Captain Williams, was an officer in the guards, a gentlemen of confiderable fortune and dif tinction in the county of Carnar von, of which he was likewife reprefentative in Parliament, That, to an elegant and captiva ting perfon, he added a moft pleafing and infinuating addrefs. That with thefe qualifications, as might be naturally expected, he had obtained the notice of the moft refpectable families in and around the city of Worcester, and, among others, unfortunately for the future tranquility of it, that in which the lady who was the unhappy fubject of crimina tion prefided; and who, till that difaftrous event, united to a per fan the most engaging, all the amiable qualities of a tender mother, an affectionate wife, and an agreeable companion. That the moment of the defendant's intro There is alfo a variety of birds in Corfica; the eagle, the vul. ture, wood-pigeon, turtle, thrufh, blackbird, and many of the fmaller fpecies; and plenty of game, as partridges, woodcocks, Inipes, and water-fowl in the lakes. The poor thrushes and blackbirds too, muft be reckoned as part of the game, for they are very numerous; and from there being a great quantity of the arbutus fruit in the island, they are exceedingly fat, and are ef teemed a particular delicacy.. It is barbarous to deftroy, for the mere luxury of the table,birds which make fuch fine mufic; furely their melody affords more enjoyment than what can be had from eating them. They are, however, a very common difh in the fouthern countries, particu-duction was, alas! the unhappy larly in France. period at which all thofe endear 274 t Grim. Con. Trial at Worcester. ing accomplishments began to languish and to fade. As his visits became more frequent, the more vifible became that coolnefs and indifference to thofe who had, till then, been the objects, and received the warmest expreffions of maternal blandifh ment. Dereliction of those tender attachments to which nature Had directed them, foon produs ced a deviation from virtue the fatal ftep, alas! which had at length deprived her of every com fort of life, and hurried her down that precipice, the fummit of which, women, when once upon the defcent, defcend too rapidly to look back at, or regain. That this unfortunate attachment to which the had fallen a facrifice at length, as the circumstances atrending it were too glaring to be long concealed, came to the knowledge of the plaintiff, whofe feelings upon the discovery, and diftreffed state of mind from the first communica tion of it to the prefent moment, thay be more eaftiy conceived than defcribed (unless in the glowing colours of Mr. Erfkine's language). After recapitulating, in the most impreffive and affecting manner, the fad change which ohe falfe ftep had produced in a family, in which to much hap pinefs, arifing from the poffeffion of every thing that could communicate it, had fo uniformly and fo long existed, and, to use his own pathetic language; where love had spread its filver wings; a family, in which the frailty of one had brought the most cominplicated mifery upon all, Mr. Erfkine concluded a most inte refting addrefs of an hour and a half, and proceeded to fubftantiate the unpleasant facts from oral teftimony, and various quotations from letters, which had paffed between the defendant and the wife of the plaintiff. The evidences called were most of them domeftics who had been in the family during the progress of the unfortunate affair. The marriage being proved by the Rev. Mr. Griffiths, who performed the ceremony. Apostillion was called, who proved the driving of Captain W. at various hours in the night, to Mrs. Wakeman's; as was the turnpike-man to corroborate his evidence. The housekeeper was next called, who depofed, that the had feen Captain W at her mafter's houfe, in his absence, feveral times. That her mistress having returned from a concert one evening about ten o'clock, on her arrival, immediately or dered the fervants to retire to bed, which the foon did herself. That upon hearing her miftrefs walking about the room a much longer time than ufual, fhe had the curiofity to come out of her's, upon which the difcovered her miftrefs going down stairs, but upon feeing her, returned; that the foon after heard her go down the back stairs, and unchain the door. That in the morning, when he went to make her mif. trefs's bed, it had more the appearance of two having lain in it than one. Another fervant was called, who stated, that she as ufual faftened every window and door in the houfe, and that: fhe had fre quently found one or other un, faftened when she went to open them in the morning.. A man fervanty wlior was ac cuftomed to attend Mrs. W. when the went an airing, faid, that Capt. W- - generally met his mistress upon the road, and accompanied her during her Crim. Con. Trial at Worcester. 275 ride, but always left her a little | poffibility of doubt; and after before fhe ame to her house. Mr. Baker proved that he watched Capt. W to the houfe of Mrs. W, and hiding himself at a convenient diftance, between the hours of eleven and twelve at night, he faw Mrs. W. open the parlour window in her robe de chambre, and let in Capt. W~~~; that he waited till about three in the morning, and faw him come out and return Worcester. Tome well-applied compliments to the learned counfel on the Oxford circuit, for his intrufion among them, began a fpeech, the principal arguments of which went towards a mitigation of damages, and an endeavour to prove that the defendant was rather the feduced than the feducer; that notwithstanding he had violated the laws of morality and relito,gion, and confequently thofe of his country in one inftance; he had rifked his life to protect them in various others; that he had bled before the walls of Dun- ̈ kirk in their defence, and had been a confpicuous figure in that glorious caufe. Mr. G. lamented, that he had not the honour to be known even perfonally to any of the gentlemen to whom he was applying in favour of his client; and his client (unfortunately for him) though not deftitute of many of thofe qualities which are an ornament to human nature, being known to them only by his vices, he felt a weight which he knew not how to fupport, or discharge with justice to himfelf and the defendant. He lamented that it was not in his power to exonerate his client from many aggravations of the charges that had been thrown upon him by the ingenious arguments of his learned friend, for want of thofe letters which the honour of his client compelled him to preferve in inviolable fecrecy; and being deftitute of thofe advantages he could not meet his oponent upon equal ground. Mr. G. then 'endeavoured to obliterate the unfavourable impreffións with which the language of Mr. Effkine had prepoffeffed the minds of the jury, and concluded his reply, which lafted two hours and a The butler was next called, who faid, that he had frequently feen Capt. W at his maf ter's houfe during his abfence. That when Capt. W came, he being the only fervant that attended the parlour, was generally fent to Worcester upon fome trifling errand; that he recollected, one morning in particular, Capt. W- came and enquired for his mafter; being informed he was from home, afked for his miftrefs, to whom he was introced in the breakfäft parlour. That Capt. W requested him to hold his horfe for a few Minutes; that he did fo for more than half an hour when Capt. W. not making his appearance, he got up and rode it about for fome time, but being tired with expectation, he was taking it to the ftable, and paffing the window of the breakfast parlour, he difcovered his mistress and Capt. W. on the fofa, in fuch a fituation as left no doubt in his mind of the criminality of their conduct. Here the evidence for the plaintiff clofed, which, with the letters of Captain Williams, addreffed to Mrs. Wakeman, Mr. Erfkine confidered as fufficient ground to reft his cafe. Mr. Garrow, as counfel for the defendant, admitted the act of adultery proved beyond all VOL. IV. No. XXIII. Nn half, half, by reminding the jury, that if his client had been culpable, it was in one of thofe occurrences in which human nature has leaft refolution to withstand temptation. Mr. Juftice Heath, then fummed up the evidence in the most clear and impartial manner, lamenting the frequency of thefe kind of actions; but defired the jury to confine themfelves to the facts, which appeared to him but too clearly proved. The jury retired for about twenty minutes, and returned with their verdict for the plaintiff, 2000l. damages. BARNET RACES. To the EDITORS of the SPORTING GENTLEMEN, The defcribed the manner in which Windfor's, and Malby's. "Whereas there are arrived at Barnet, fundry old infected cargoes, called new faces, from the firft and fecond floor repofitories in Ruffel ftreet, Drury Lane, Mary-le-bone, &c. therefore, in juftice to the fair trader, we give this notice, that no bloods. bucks, or others, fond of fporting, do prefume, at their peril, to have any connection with the vulga rities abovementioned, leaft they incur |