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\LAW INTELLIGENCE.COURT^OF KING’S BENCH, Thursday, Ja». j.SlTTlSCS ATOOILDUALL, BEFORE THE LORD CHIEF Jngr,ASD A SPECIAL JURE. *CRIM. CON.ALADICE versus JOHNSON,The Plaintiff,* a Surgeon in the S4th Regiment servingiuc i mmuu, » uk j-iu, xvcaimeni serving in »k-East Indies, brought his action against the .Defendant »0„f „ D0,;m.nUf rnm'l,„ Sr. _________of a Regiment of Cavalry in the same country, to recov^ compensation in damages for criminal conversation wia his wife. 114The Solicitor-General stated the case. As far back 1813, a marriage took place at Whitby, between the Plaintiffand his wife. She was a Lady of great beauty, and the dawk ter cf a Gentleman in the county of York. At the time of tkl marriage the Plaintiff resided in this country, and had no inie tion of going abroad. The Lady was about 21 or 25 • the Pi • • tiff might be 30. They had during five years one child TD' ^ wards the end of 1814, Mr. and Mrs. Aladice went to the F -Indies. While they remained in that country thev Iother children. Thev lived hanDilv the Plaintiff hiL_aa ‘w° Sother children. They lived happily the Plaintiff beinir a f« S I domestic husband. In 1820 they were at Madras, and ih 1 youngest child had a severe illness, occasioned by the r £ mate. They were consequently induced to send the cWM ; home to England. Captain Chapman, of the East Imp $ Comnanv’s Service, was then nt Madras, and __ aula hCompany’s Service, was then at Madras, and being relat h ^ to Mrs. Aladice, an arrangement was made to semi h ^ home with her children in his ship. It was also arranged fht I she was to reside, on her return to England, with .hermotbc in Yorkshire. She accordingly went on board, and sailed n the voyage home. The defendant, Captain Johnson was passenger on board the ship, and, on every occasion h* shewed a marked attention to Mrs. Aladice. It did not amJf ! that he was known to the plaintiff. There was no evidence t : prove any criminal intercourse between the parties onboard the ship, but it would no doubt strike the Jury, when thev had all the facts before them, that an intimacy commenced in the vessel which led to the plaintiff’s dishonour. On the ar rival of the ship at Southampton, Captain Johnson accomKanied Mrs. Aladice to town. She first went to the house of Ir. Stevenson, brother of Captain Chapman, and from thence to lodgings taken for her in Coram-street. She was there fre quently visited by Capt. Johnson, who remained with her to a late hour. Mr. Stevenson made arrangement for Mrs. Aladice to go to Yorkshire. She was accordingly sent off by the coach for York. About a mile from the inn Captain Johnson Vm into the coach with her, saying he was going to Scotland At York he left her, telling the servant he was obliged to « • back to London, having left his money behind. Mrs? Aladice then went to Whitby, to her mother and sisters, and in Anril * following she determined t,o return with her two sisters to Lon. don, One of them, Elizabeth Walker, was at the time addres* sed by a gentleman named Metcalfe. He proposed she should come to town, and proceed with him and her sisters to France She accordingly came to town, and went to reside at Bromiw tpn. Captain J ohnson visited her half an hour after her arrival and was introduced to her sisters. His visits were frequent’ About a fortnight after her arrival at Brompton, a letter was received from the Plaintiff in India, stating his intention to re turn to England. A few days after, her sister went into the* room, and found her in tears, and Captain Johnson in great confusion. Mr. Metcalfe having procured tickets for the Opera on the night the King went, invited Mrs. Aladice and her sisters to go. Mrs. Aladice declined the invitation and Mr. Metcalfe went with the two sisters. During their absence Mrs. Aladice remained alone with Captain Johnson all the evening. This took place on the 15th of May last, and she soon after altered her intention of going to France with her sisters. She wished to go alone. Accordingly, towards the latter end of May, she proceeded alone to Dover.— She was met at the Inn door by Captain Johnson, who dined, supped, and went with her in the Packet to Calais. Mrs. Aladice went from Calais to Dunkirk, where she was to reside. Captain Johnson went to Boulogne. She remained there two months, and wras visited during that time by the Defendant. In the meantime a marriage had taken place between her sister and Mr. Metcalf, who were at Lille. Mr. Metcalf went to Dunkirk to see Mrs. Aladice, and was surprised by seeing Captain Johnson come into the room where ne was at dinner. In August, to be nearer Captain Johnson, she re-moved to Boulogne. This brought the transaction down to the20th of September, when she paid a visit to her brotlierand sister at Lille. She returned to St. Omer’s in a gig, driven by Captain Johnson. In the same month of September she returned to England, and she again took lodgings in Brompton-row. In October the plaintiff arrived in England, ana was received by his wife, not as he had once been, but under restraint and coldness. Inconsequence of the reflection of what her affection had been, she fell into a fit of tears. Mr. Aladice attributed this sensibility to affection, and a report which had been spread of his dehth. He continued to reside with her a fortnight, never suspecting any impropriety on her part.It happened, however, that Mrs. Aladice felt that die was pregnant by Captain Johnson, and that it was impossible to conceal it from her husband. At the moment Mr. Aladice was laying out prospects of advantage which he had realized for fiis children, she made a confession of her misconduct. The result was most distressing. The Jury would no doubt conceive the agony of the plaintiff, on hearing the infidelity of his wife. They had been married at this time about ten years, and they had four children. Having gone through tlie active part of his life, he was only looking to domestic happiness, which at one blow was struck from his grasp. It was a case upon the whole entitled to ample damages. He was to be tola this eopnexioritook place in Consequence of a report that the plaintiff was dead, but if such a report was raised, it never could have been believed. If the plaintiff’s w ife had believed such a report, she would have said to the defendant—“ If you are honourable, can you not form an union ? The letters would convey to themindsof the Jury a strong suspicion that they were wTitten to answer the purposes of this cause Mr. Benson, Capt. Mildmay, Mrs. Mildmay, Lieut. Shawe of the 34 th regiment, Capt. Davis, Capt. Mills of the 54th dragoons, Mrs. Oatlow, General Morby, and Captain Chapman, who were all in the habit of visiting the plaintiff and his wife at Madras and Bangalore, proved that they lived together upon the most affectionate terms. The plaintiff was a domestic, fond husband, and Mrs. Aladice conducted herself with the greatest propriety ; she was a tender mother.Several other witnesses proved the unremitted attention of Captain Johnson to Mrs. Aladice during the voyage home in the Woodford, and after her arrival m England he was a; constant visitor, and followed her upon the Continent in the? manner detailed by the Solicitor General. Miss Walker, Mrs. Aladice’s sister, gave very effective evidence. On one; occasion «he overheard the defendant and her sister talking in a low tone of voice, and the defendant said, “ Will you swear the child is mine ?” Mrs. Aladice answered “ Fes.” The wit- ? ness met Capt. Johnson after the return of the Plaintiff and the: separation. She gave him a lettef from her sister, and requested he would send back all her sister’s letters. He said; he could not. He wished to -keep the matter as private at possible, but that would depend on the Plaintiff. He was wil-f ling to make all the reparation in his power, and withrespecl to the pregnancy, if Mrs. Aladice wanted any thing she should have it. Two letters from the Defendant to Airs. Aladice were read. In the first, he stated that he was much hurt by the letter received from Mrs. Aladice’s sister. As he had. never anticipated any obstacle to their union, he had destroyed all her letters. He had only preserved two of his own, I which she had sent back after the discovery of their fatal error, i Those remained under cover with her seal, but if they were a required he would send copies.The second letter assured Mrs. Aladice, that if any persons'^ supposed he could act derogatory to a man of honour and a J gentleman, they were deceived. As their error had com- i menced with the false rumour of the Plaintiff’s death, he was ready to offer her in case of divorce, his hand and fortune; buttj| the intention was to injure his character, he should disclose alii that happened from the first acquaintance. The world ivoultj not then be so ready to condemn him. ■ ¥Mr. Scarlett, after the Plaintitf’s case had closed, ad-| dressed the Jury, and contended it was not a case which calle/w for large damages. The words in the Defendant’s letter made! it impossible to say the Plaintiff was not entitled to a verdict# but tne J ury ought to consider that no friendship was violatecJB no hospitality abused.. The Defendant, who did not know tbp Plaintiff, stood in the situation of a young man thrown int® the society of a young and beautiful woman placed on boarfi® a ship without a proper protector. An intimacy there to«Ha place, which led to the consequence that ensued. The fendant was a soldier of fortune, having no more than his pay a as a Lieutenant of Cavalry; and if the Jury gave large da-J mages, he would be unable to pay any. LThe Jury, under all the circumstances, found a verdict tor* the Plaintiff.—Damages, 500/.
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London Morning Post
London, Middlesex, GB
Fri, Jan 04, 1822
Page 2
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