Ireland Old News
May 31, 1831
This case, which has excited a great deal of interest, attacted to the avenues of the court a much greater crowd than is usually found in the hall at an early hour in the morning. As soon as the doors were opened, the court was crowded to excess, while the place usually occupied by the Registers of the Judges was filled with different officers of the cavalry and infantry regiments now stationed in Dublin. Upon the Bench we noticed Lord HOWTH, Lord DUNGARVAN, and Lord CROFTON.
The defendant pleaded not guilty. Damages were laid at 20,000l.
Mr. NORTH, K.C., rose and said, "I am now, my Lord and gentlemen of the jury, called upon, under very peculiar circumstances, to address you upon a case the most remarkable and the most distressing that in the whole period of my professional experience it has ever been my painful duty to state to any jury. The plaintiff, Mr. ADAMS, is a dean of the Established Church: he is the Dean of Cashel; he lived with his family in a very retired part of the county of Cavan, in a place called Northlands. He married a lady of high respectability, and one of the best connexions in the county to which he belonged: she was a Miss HARVEY, of the county of Wexford. By that lady, he had a family of six children, - three daughters and three sons. The eldest of these children was Miss Dorothea ADAMS, who, at the period of this unfortunate transaction, was about 19 years of age. The eldest of the sons was about 13. Caroline, the youngest daughter, was about 15 years of age; and the unfortunate victim of the defendant's sensuality and vice was an interesting, a beautiful, an innocent, an artless, and a happy creature, of the age of 17. In 1829 or 1830, perhaps earlier, this family resided in the county Cavan. Mrs. ADAMS, unfortunately for them, had very weak and infirm health, and had been recommended by her medical advisers to try the bracing effects of sea-bathing. She had on former occasions gone to Dundalk, and she had taken lodgings, such as sea-bathers are in the habit of occupying. She had in 1829 taken lodgings at a place called the Black-rock, near the seaside, and about two miles from Dundalk. The ADAMS'S repeated their visit to this place in the summer of 1830. They were living there in the July of that year, when unfortunately - most unfortunate for them-unfortunately for the interests of society - unfortunately for the character of the Church, and still more unfortunately for the honour of the army, there was quartered in Dundalk one of the finest regiments in the service - the 7th Hussars, commissions in which are sought after by the noblest and most distinguished of the aristocracy of this country. You will not believe I am in any degree colouring facts in this respect, when I name as amongst its officers Mr. JOCELYN, the brother of Lord ROBEN; Lord DORCHESTER, - one of the ancient and honourable nobility in England: "and though last not least," the defendant himself, who has sullied the name and reputation of the family of Lord MELVILLE; he is the nephew of that distinguished nobleman. It was the habit of the Misses ADAMS to walk out from their father's lodging in the forenoon and afternoon, for the purpose of exercise. They were interesting from their time of life, and the two sisters, Elizabeth and Caroline, were singularly beautiful, and it is not to be supposed that they escaped the attention of the officers in the neighbourhood. I think my brief states that it was about the 12th of July, upon a Monday, that these unfortunate young ladies first saw the defendant DUNDAS. The defendant was then a Captain, he is now a Major. The defendant was on that occasion accompanied by Mr. PHILLIPS, the riding-master of the regiment; he appeared to have rode out from Dundalk; and was riding on the Blackrock-road. Probably he had seen this young lady before, and now came there for the purpose of forcing his acquaintance upon her. Finding the ladies walking along the road, he stopped short beside them, turned round to PHILLIPS, and declared they were "devilish handsome." When they saw these gentlemen, they walked on, - perhaps they heard what he had said of them. On their return, the defendant and PHILLIPS crossed them in their path, and entered into conversation with them. The terms of that conversation I shall not now dwell upon. It is sufficient to mention that some words passed between them, and the defendant laid a foundation for future acquaintance with this young lady. This took place on Monday, the 12th of July; I am not sure whether the parties met on Tuesday and Wednesday. It is material, however, to observe, that it so unfortunately occurred on the 15th of July, which was the Thursday following, the Dean ADAMS was obliged to come to Dublin on particular business: he left home on that day. On the 16th of July, which was the day after Dean ADAMS came to Dublin, Captain DUNDAS, accompanied by Mr. JOCELYN, met Miss ADAMS walking again - this was about 4 o'clock in the day. He entered into conversation with her. He told her he was sure she would be late for her dinner. After telling her this, which was for the purpose of introducing a conversation with her, he then renewed his acquaintance with her, and thus, by these successive meetings, the defendant established an intimacy with those artless children - artless they were, beyond the common period of their life. They were brought up in extreme ignorance of the world; they had no governess to instruct them; they were under the guidance of a foolishly fond and indulgent mother. At this second interview Captain DUNDAS was in company with Mr. JOCELYN, and these poor young girls were somewhat alarmed at the intercourse into which they were unexpectedly drawn by apparently accidental meetings, but which would seem to have been purposely contrived. The next person with whom you will find the defendant connected is Lord DORCHESTER. Lord DORCHESTER rode out on Wednesday, 21st July, with Major DUNDAS, and they saw these young girls again. The defendant then had mentioned his plans for the ruin of Miss DUNDAS, and he proceeded with military address to open the trenches and lay siege to the citadel in which her honour ought to be secured. The scheme devised by Captain DUNDAS was, to ask them to see the scenery of Rostrevor. It is well known that Rostrevor is one of the most beautiful spots in Ireland, and inferior only to Killarney. It lies at no great distance from Dundalk. He asked Caroline and Elizabeth ADAMS had they ever seen Rostrevor. They said they had not. "Good God!" he exclaimed," not see Rostrevor! how happy I should be that you would see it, and that I should accompany you there!" How easy could the matter be arranged, between them! He proposed to them to get their father's jaunting-car; to persuade their mother she was too ill to stir out, (and it was easy to persuade her to that) that they would go out on the car, and then, said Captain DUNDAS, I can frame a story for you - no man understands better how to do so - you can say the car broke down, and in the mean time we can go to Rostrevor and spend a delightful day there. This party, however, was put off, and the girls refused to think of it. Accordingly, another engine was to be used, - one, too, that has been too often found to succeed with poor, fond, and confiding women, - with a woman who deliberates between her honour and her love, - that best, I should rather say, that worst of all the arts of the seducer was employed - the promise of marriage. Then it was that DUNDAS proposed that Elizabeth should be married to him, and her sister to Lord DORCHESTER. Captain DUNDAS proposed to the two young ladies that they should accompany Lord DORCHESTER and himself to Newry; that there was a clergyman there who would celebrate their marriage; that Elizabeth should be the honoured and the wedded wife of DUNDAS, and her sister of Lord DORCHESTER. It is sufficient for me to say that the two innocent and artless creatures fell into the snare; they agreed with Lord DORCHESTER and Captain DUNDAS that they would go to Newry for the purpose of being married, and the appointment was fixed upon; the meeting was fixed at a particular hour, 11 at night, when they were to accompany the two officers to Newry. The family of the ADAMSES were in the habit of retiring early to bed. On the appointed night, the family were in bed at 10 o'clock. Elizabeth and Caroline ADAMS slept in the same room; they retired, but they did not go to bed. They watched for that signal which it was agreed Captain DUNDAS should give. When they found that their mother had gone to bed, they opened the chamber-door and went down to the parlour. The signal, tapping at the window three times with a whip, was heard, they opened the hall-door, and they got upon the jaunting-car. Captain DUNDAS and Elizabeth upon one side, and Lord DORCHESTER and Caroline upon the other, and they drove into the town of Dundalk. On their way they passed by a small lodge which belonged to Major SHIRLEY, and Captain DUNDAS, as they passed it by, took occasion to say-Major SHIRLEY admires Miss ADAMS very much. Elizabeth asked him was not Major SHIRLEY a married man? He said, no; the lady that lives with him is not his wife; that is a shameful way for any man to live - it is inconsistent with virtue and happiness, and I never can approve of a man submitting to it. He asked her also, if she would be very glad to see her mother on her return? She said to be sure she would, provided her mother would see her. Surely, he said to her, your mother will never be angry with you, when you are married. He then told her that he heard she had a fortune of 6,000/-(?); she said as he was marrying her without getting her father's consent, he would not obtain it. To this he replied, it would be a good thing to get your fortune, but if I do not, I am rich enough without it, and it will only be an additional proof how much I love you. The car drove on to Dundalk, but the party in it stopped at a short distance from the lodgings of Lord DORCHESTER, which were near the barracks. Miss ADAMS asked were they not going on to Newry?" "Impossible," said Captain DUNDAS, "at this hour of the night." They then walked into the house of Lord DORCHESTER'S, into the lodgings of that nobleman these innocent girls were inveigled. Caroline grew exceedingly alarmed. DUNDAS walked up to Elizabeth ADAMS, and said, "I do not lodge here, I sleep at the barracks; there is a room for you in this house, and I will presently show it to you." He led her into a room, which was certainly prepared for the purpose. He then renewed to her his promise of marriage, his constancy, his fidelity - he won upon her - how far you will be able to get from the afflicted and half-frenzied spirit God only knows; but the circumstances will speak for themselves. We want no evidence of the transaction. She went into that bed as his wedded wife, and he retired to his own barracks, leaving her an abandoned and dishonourable woman. Her unfortunate sister was not carried away by the same love that betrayed Elizabeth, the same passions of our nature, in a moment of intoxication, did not so fatally invade her as they had done her sister. She had some better glimpse of the situation in which she was placed; she applied in an agony of grief to Lord DORCHESTER himself; she told him that her life depended upon him, and I must say, to the credit of this young man, that his better feelings returned, nature resumed her away, remorse struck at his heart, and he told her that he should not lose a moment in restoring her to her family. He armed himself with pistols, and he that very moment accompanied her back to her mother's, and left her there in safety between 12 and 1 o'clock at night. Mr. NORTH here mentioned the conduct of DUNDAS to Elizabeth ADAMS the next morning, as detailed in her evidence, and continued by saying, "Gracious God!" does there exist a being who, wearing the divine lineaments, shall thus insult and contumaciously treat the victim of his villany, and thus fling her off to wretchedness and ruin? Dare a man bearing the King's commission, who would act thus, present himself to society - present himself amongst them, and, above all things, dare to face a jury of his country? Tell him, through your verdict, that the honour of an Irish female is not a matter of little worth. Show him that every Englishman and Scotchman, who is over wealthy, that comes here, cannot traffic with the virtue of the daughters of our clergy and our gentry, as if they were the common prostitutes they are accustomed to meet in the alleys of London and the streets of Paris. Tell him that if such things as these are the results of our connexion with Great Britain, we are ready to spurn at it."
Miss Elizabeth ADAMS was the first witness called on. Before coming on the table, she sat for a few moments in the side bar, during which she wept copiously. When placed in the witness chair, she did not affect any feigned extravagance of emotions, nor any studied by-play to extort sympathy. She told her tale of wrong and of sorrow with an ingenous simplicity that made its way to the hearts of all who heard her. She seemed an exceedingly mild, gentle, and guileless creature. Her personal appearance is very interesting. She is of the middle size, rather approaching to enbonpoint. Her countenance, even in the wreck that grief has left, poossesses a remarkably soft, gentle, and suave expression, and in the days of her innocence she must have been a sweet and prepossessing girl. The sisters very much resemble each other, but the youngest, Caroline, seems to be the prettiest. The same deportment marked them all in giving their testimony. They were fashionably attired in black silk, and wore fashionable bonnets of white silk.
Elizabeth Frances ADAMS examined by Mr. WALLACE, King's Counsel. - Whilst at Black-rock last year, met the defendant about a few days after she went; papa and mamma, and her two sisters, were with her at the time; he made some remark when passing which witness did not hear; another officer was with him at the time; on Monday, the 12th of July, she saw him again, her two sisters were with her; Mr. PHILLIPS, the riding-master of the regiment, was with him at the time, he made some remark, and said, "they are very pretty," they met him and Mr. PHILLIPS a second time, when they passed on, and afterwards rode after them; the Captain asked, "Do you live in one of those houses" (pointing to her lodgings)? Witness said they did; he asked did they live together; "no, said witness, "we have a father and mother, with whom we live." "Are they old?" said he; "no" said witness." "So much the pleasanter," said he. He then said he would like to take tea with us, and asked me would I introduce him to my father. I said I would not introduce to him any person whom I did'nt know. Mr. PHILLIPS then turned round and said it was a shame for him to be so rude, and they turned their horses and rode off. When going, Captain DUNDAS said, "Do you love your father?" She said yes; and he asked, "would you love your husband better than you do your father?" Witness said she supposed she would. On the Friday following was walking with her mamma, and they passed; witness and her sisters met them. Captain DUNDAS said, "You won't get a bit of dinner, I saw the cloth laid, and somebody eating;" they did not answer, but hastened on. She met him next on Wednesday, the 21st; her youngest sister had been out riding, and was taking off her habit. They met Captain DUNDAS and Lord DORCHESTER, and he asked did her father return; and he then said "allow me to introduce my friend Lord DORCHESTER and myself, Captain DUNDAS," and asked what were their names, and they told him; he then said they are very pretty names; Lord DORCHESTER said the same. Captain DUNDAS said it was in witness's power to make him happy; Lord DORCHESTER said if her sister would not marry him, she would never be forgiven either in this world or the world to come. Captain DUNDAS said if they would be ready he would come out at 11 o'clock, and give three knocks at her father's window, and he then asked would not witness positively go. He then looked at her younger sister, and said, "You look more serious, won't you come?" She said she would if her sister would come, if he would marry her; he said "never mind bringing any clothes, we will buy you plenty in Newry;" they agreed to go on those conditions of marriage: he came at 11 o'clock, accompanied by Lord DORCHESTER; they both went with him: Captain DUNDAS held his arm to witness, and Lord DORCHESTER to her sister; the vehicle they went in was a car, but they did not bring it to the Rock; it was a quarter of a mile, and they walked. The car stopped just at the entrance of the town. He did not come into the town; and witness said, sure the car is not going to stop here; and he said, it was too late to go on, and that they would go to Newry in the morning; that she should sleep with her sister at Lord DORCHESTER'S lodgings, and that he would sleep at the barracks. He then told his car to wait, and they went to Lord DORCHESTER'S lodgings; they all went up into the sitting-room, and Captain DUNDAS ordered candles, and Lord DORCHESTER lighted two candles that were on the table; Captain DUNDAS said to witness, "Come and I will show you to your room;" she went with him; they walked into the room which was next the sitting-room; he turned round and bolted the door, and she asked was she not to sleep with her sister; he said not, and that if she would go to bed, he would most positively go and marry her in Newry in the morning ; he came over to her and asked her did her clothes fasten behind, that if she did not loosen them he would; she went to bed in consequence of his promise, and he came after her; he left the bed-chamber that night; whilst they were in bed witness got out of the bed, and he endeavoured to bring her back; he said if she would not cry and disturb the people of the house he would dress and go to the barracks; she was crying at the time; he said he would come back early in the morning to go to Newry; in the morning got up and sat a long time in the room, and when the clock struck eight she went to see about her sister; he told her he would come back very early in the morning, and then they should go on; she understood it was to Newry; she got up about 6 o'clock; about 8 she went over to the door of Lord DORCHESTER'S room to see about her sister, and she asked about her sister; and he said he had left her at home, and asked where was Captain DUNDAS. She said she had not seen him since 1 o'clock the night before, and was surprised he had not arrived; "Make yourself easy, said Lord DORCHESTER," and I will send to the barracks for him: Captain DUNDAS came in ten minutes; when he came he walked over and attempted to kiss her, which witness prevented; she asked him why he did not come earlier? and he said, "for what?" she replied, "to marry me as you promised;" he said he was sorry he could not, as he was already a married man, but that he would take lodgings for her, and she would be as happy as if she was married. She said it was wrong of him to bring her away under that promise; he said he would take lodgings for her, and she said she would go to her father's house; he walked out of the room; she went to Lord DORCHESTER and told him Captain DUNDAS was married; he told her he was not, and that he was an unfortunate man to have any thing to do with her; she then went back to her room, and was not there more than a minute when Captain DUNDAS returned, and she told him Lord DORCHESTER had told her that he was not married. He said was it not unlucky he had not depended on JOCELYN and he would not have deceived him, and he asked her would she go into the breakfast room, and she said she would not; Captain DUNDAS said, sure she would not tell her father; she said she would tell him every thing about it. Lord DORCHESTER said he would send for a car, but she took her bonnet and walked out of the house without waiting for it, and then went home; on her way she was overtaken by her cousin, Mr.Cosby ADAMS; her father was not at home, but her mother was; she told her nothing, but she told all to her sisters; she afterwards wrote to Captain DUNDAS; the first letter she wrote with mamma's consent, who then knew all that had happened; the letter was written about a fortnight after her return to Northlands. On the following Saturday after the occurrence her family returned to Northlands; her mother was in ill health, and her father had also been ill about seven months; he took ill at the retreat, her grandfather's residence, near Cootehill; during that illness she attended her father principally.
Cross-examined by Mr. Serjeant O'LOGHLIN - Her father's illness was a year before she went to the Rock; her sisters are in town; it was in the latter end of June or beginning of July she went to the Rock; she had been there two seasons before, three months the first, and one the second; knew the neighbourhood well. Knew some of the officers of the 17th,(sic) to whom she was introduced at a dinner party; they were Mr. MICHELSON, Mr. WILKINSON, Mr. NEAD, Mr. WENTWORTH, and a Mr. TONGUE; had met Mr. TONGUE before at a pic-nic party; might have afterwards met him casually; once she saluted him, he was in company with other officers she knew, and it was a mere passing salute. She got a letter which she thought was from him; from the time she knew him in 1828, nothing else passed between them: has not the letter, which she burned; the letter she got in June had no name. The reason she suspects it came from him was because it alluded to the pic-nic party and came from Dublin; all the officers of the regiment were at the ball as well as he. She danced more with him than any other; she wrote a kind of humbugging letter in reply, but put no name to it, and directed it to Mr. TONGUE, at Newbridge; the reason she directed it to Newbridge was because she thought it could come from no one else; she did not show it to her mamma or sisters; her youngest sister saw the letter. She had never seen Captain DUNDAS before the 12th, except a couple of days before; the interview on the 12th lasted a few minutes. Never kissed hand to him nor to any one who was with him; had seen but had never spoken to Lord DORCHESTER before the 25th, nor had her younger sister; and after that brief acquaintance she consented to go to Newry. She should think that the defendant is about 30. When she went to Dundalk that night she went into Lord DORCHESTER'S lodgings; Mr. DUNDAS took a candle and showed her into the bed-chamber next to the sitting-room; he asked where her clothes fastened behind; he did not assist her; she undressed, herself; she was some time in the room before she undressed, but was not long undressing; he was undressingat the same time. About 8 o'clock the next morning she went to look for her sister to Lord DORCHESTER'S bed-room; he was in bed at the time; she expected to see her sister there, and was surprised when she heard she was gone; she stayed in the room for a few minutes, Lord DORCHESTER being still in bed; and it was whilst he was in bed she complained to him of Captain DUNDAS not coming back according to his promise.
Catherine ADAMS examined by Mr. DEERING, K.C. - Is the third-daughter of Parson ADAMS; cannot tell the day in July she first saw Captain DUNDAS; her sisters, brothers, father, and mother, were with her at the time; it was on the road near the Blackrock; heard that he had made some observation, but did not hear what it was; Captain DUNDAS was not more than three yards distant from her at the time; her father replied to the remark of Captain DUNDAS, that it was hard to stand the impudence of officers; that was the first she saw Captain DUNDAS; saw him a few days after: Captain DUNDAS asked her sister Elizabeth was she fond of her father and mother; she said she was, and he asked her would she like her husband better; she said she would, and he said it was all right; she next saw Captain DUNDAS on the 16th; he was then accompanied by a Mr. JOCELYN. The next time she saw him was on the 31st; he then proposed to her sister to go and marry him, and he'd take her to all the balls and parties; and her sister said, if she could be sure he'd marry her, she'd go. Lord DORCHESTER was present, and asked witness if she would like to be married, and that if she'd marry him she'd live so happy along with her sister. They said they would not go unless they were sure of being married. Both gentlemen pledged their honour, as gentlemen, that they would marry them in Newry. Their usual hour of going to bed was 10 o'clock. Her sister and she slept together; heard taps; were then in the parlour. She then went out, and met Captain DUNDAS and Lord DORCHESTER. The car stopped near Dundalk, and she asked Lord DORCHESTER were they not going to Newry. He said, "Is it at this time of night, child?" She then asked where her sister was? He said she had gone on with Captain DUNDAS. Lord DORCHESTER walked home with witness. This was about half an hour after she came. After this witness wrote one letter to Lord DORCHESTER; they retired from Blackrock on the 24th of July; after her sister's return she was ill for some months; heard her sister crying after she retired with Captain DUNDAS.
Dorothea ADAMS, examined by Mr. LITTON, King's Counsel. - Was not walking with her sisters on the 21st; did not miss her sisters on that night; it was witness's habit to remain some time in her mother's room; it was some time after she got up the next day that she saw her sister Elizabeth about 11 o'clock; her father returned about 12; her sister was after this in a very bad state of health.
Mr. Cosby ADAMS examined by Mr. NORTH. - Is related to Miss ADAMS; is about a third cousin. Has been acquainted with the family since he was a child; always looked upon the Misses ADAMS as most artless girls, and had particular opportunity of knowing it.
Rev. Frederick FITZPATRICK, examined by Mr. DARCY, K.C. - Is a beneficed clergyman of the parish of Shercock; knows the plaintiff; the number of his children; his family were in the habit of frequenting the witness's church; knows the family since 1813; an interval elapsed; knew them latterly for five or six years; always considered the daughters well conducted, very innocent and artless girls, and from their retired education quite ignorant of the ways of the world.
Cross-examined, - His residence is remote from Dundalk: only speaks of what he knows of in his own immediate neighbourhood.
Mr. KILPATRICK examined. - Has always considered the Misses ADAMS to be innocent young ladies ignorant of the world.
Edward JENKINS, examined by Mr. DEERING. - Lives in Dundalk; is sub-inspector of police for the county Louth; knows Dean ADAMS and his family; has seen them at the Black-rock three seasons; he and his wife visited there; the girls were young and innocent, and seemingly ignorant of the world and its ways.
Documents were read as to the amount of the defendant's property. Mr. John WHITECK proved the identity of some documents. When the book was handed to him, he refused to be sworn, as being a seceder from the Presbyterian Church. He then made affirmation after the form prescribed, all the time holding up his right hand.
The property left by his father between himself and his brother, was proved to be 91,000l.
The defendant's moiety - - - - £45,500
This was the plaintiff's case. The Court adjourned.
On Friday, Serjeant O'LOUGHLIN, as leading counsel for the defendant, said it was very strange that when their mother who saw the officers pass on horseback, felt fatigued, instead of preventing her daughters from going out, told them they might go and walk, and they went to walk in the very place where they were likely to meet the officers. They went on the public strand, and though the officers had saluted them without having been introduced, instead of appearing to resent it, they went to walk on the public strand, where they knew the officers were. Was this conduct that would induce those gentlemen to imagine that they were modest or respectable ladies, the daughters of Dean ADAMS? The first time that Lord DORCHESTER saw these ladies was on the 21st of July, in a car with their mother. He met them again a few minutes after. They began to converse with him and Major DUNDAS without the slightest restraint, although they did not know the Major's name until that interview, and agreed, after a conversation of 20 minutes, to marry them unknown to their father. Recollect, gentlemen of the jury, that Caroline had never seen Lord DORCHESTER until that day, when she saw him riding with Major DUNDAS. Now we never heard of marriage until the 21st, and you know, gentlemen, that when an affair of this kind occurs the lady, in order to give some salvo, requires a promise of marriage. She generally says, "I am ruined; I would never have consented to such liberties only he promised to marry me." Can you believe, gentlemen, that two persons in the situation of these two officers would have agreed to marry those two ladies, after a courtship of 20 minutes? When they arrived in Dundalk they did not remonstrate, but went immediately into Lord DORCHESTER'S lodgings. Gentlemen of the Jury, is this the conduct you would expect from an educated or respectable girl? Is this conduct that you would sanction? When she asked was she not to sleep with her sister, she was told that she was not; and instead of remonstrating, after a few minutes she went to another bed-room along with Major DUNDAS, and undressed herself before him, he undressing himself at the same time. What opinion are we to have the modesty of a young lady, even if she were married that day, who would undress herself in her husband's presence? Was that modesty? There is another circumstance in her own evidence which I would wish to call your attention to. It is this - when she went into Lord DORCHESTER'S room on the following morning, she said she was surprised at not finding her sister in Lord DORCHESTER'S bed-room although she knew that Caroline was acquainted with Lord DORCHESTER but twenty-five minutes. Recollect, gentlemen, that she was not at all abashed when she went into his bed-room? So far from that, she entered into conversation with Lord DORCHESTER, he in bed, and she standing alongside the bed. I call upon you, gentlemen, to consider in the finding of your verdict, that though there has been much indiscretion at one side, there has been more on the other.
H. PHILLIPS, Esq., sworn - Belongs to the 7th Hussars. Knows Major DUNDAS. Recollects having met the young ladies when riding with Major DUNDAS. Was riding towards home in company with Major DUNDAS. Met three ladies, and, of course, cast a look. The Major said, these are pretty girls. The ladies smiled. Witness and defendant looked back, kissed hands to the ladies, and either one or two returned it. Major DUNDAS rode after and joined them. Is a single man. It made no impression on him. Can't say whether one or two kissed hands - one certainly, but maybe two. The lady with black hair was walking in the middle. She either kissed hands or bowed; perceived her hair dark, and took notice of her countenance; he might have thought of the ladies that night. After passing, Major DUNDAS said, these girls will do for us pretty well - you shan't have my pretty one.
Lord DORCHESTER sworn. - Was quartered at Dundalk in July last; never before the 21st had spoken to any of the young ladies; first saw them on a car with an elderly lady; Major DUNDAS was with him; saw two of the young ladies soon after coming, after himself and Major DUNDAS: there were three roads; the ladies might have gone in two other directions if they did not wish to meet the officers; the officers rode slowly, and witness went down to them; they entered into conversation; the ladies in the middle of the road, and the officers at each side. Witness told the young ladies they would send three ships for a clergyman to England: they consented to leave their father's house at 11; did not hear Major DUNDAS say any thing about marriage. Witness told the youngest girl on the car positively that he would not marry her; did not hear Major DUNDAS say any thing about marriage. She told witness who her father was, but he did not believe it. When he arrived at his lodgings, witness took out a latch key and opened the door. All the four went in. They went up stairs; thinks a candle was lighted: Major DUNDAS held a candle to one of their bonnets, and said, "Tis all right." She went soon after to Major DUNDAS'S room with him, after having made some observations. Saw her in the morning; witness was in bed, and one sheet over him. She stayed 10 minutes; did not appear to be embarrassed. She said she had asked Major DUNDAS to marry her, and he said he had a wife; witness did not say Major DUNDAS had deceived her; witness told her that Major DUNDAS was not married, and that it was a shame for him to have left her; first conversation did not exceed 20 minutes, when they agreed to go off.
Cross-examined by Mr. LITTON, K.C. - Had never seen the ladies to speak to them till the 21st, when Major DUNDAS and the witness were riding: Major DUNDAS said to witness he had got a job in hand, and witness might have a part in it: Major DUNDAS told him that the job was two girls; defendant did not say which of the girls was to be his share; Major DUNDAS did not tell witness that the only protectors the ladies had were two brothers, one 13 and the other 9; is a peer of England; does not recollect that defendant knew the young lady's father was to have returned the next day; defendant left the country, as also witness, for they understood that a rape was to have been sworn against them: witness did not wait to give the father any explanation of the matter. Defendant then lived in the barracks: there were two beds in witness's lodgings; one of them was JOCELYN'S bed; it was into that bed defendant went: he knew what defendant wanted by going into the room; said on the car, and before they got to it, that he would not marry Caroline; did not say any thing about the happiness of not being separated from her sister; Caroline did not ask to go back; witness persuaded Caroline to go back, and he brought her home, and put her in; he was rather ashamed of the thing; does not exactly know why he brought her back! it was mixture of remorse and shame! his conscience struck him; before his conscience struck him, he had taken the young girl upon his knee; he put his hand round her waist; he asked her to go on the bed, and she refused; he told her he would not marry her; she would not go on the bed; he then brought her home.
The learned JUDGE then charged the Jury. He said the ladies had acted with extreme levity and imprudence; but that should not excuse the defendant's guilty conduct. He hoped they would steer a middle course in finding their verdict, and show by it that they were not influenced by passion.
The Jury returned, and after about 40 minutes returned to the box, when their names were called, and the foreman delivered the verdict to the Registrar, who announced it as follows - Verdict for the plaintiff, 3,500/-(?) damages, and 6d costs.
This appeared to give very general satisfaction. We heard a slight cheer from the gallery.
Submitted by: County Cavan Newspaper Transcription Project
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