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society-fa Paris , krto which he himself -was not prepared to follow her . The French pleasures and extravagant . habits led to bitterness and exasperation , and by the year 1846 these feelings had become aggravated . J » r * . Thesiger referred all this to Mrs . Hope ' s acquaintance with the count Aguado ; bat that acquaintance did not commence till the year 1846 . At that time , indeed , the Count was a mere boy . He was only about twenty years of a ° -e , while Mrs . Hope was twenty-nine or thirty . It was absurd to suppose that a young man of that age would become the seducer of a woman of thirty whose affections were fixed on her husband , though it was quite possible that he might excite the passions of a woman whose affections were already alienated . The disunion of the parties went on increasing ,-until , in the year 1853 , it
• was found that they could no longer live together . They had not lived as man-and wife since the year 1846 , but that was not Mrs . Hope ' s act , but arose from the representations of a physician , who declared that another confinement would endanger her life . In her affidavit Mrs . Hope said , that afterwards Mr . Hope followed his own course , that he sought his pleasures elsewhere , and she charged hhn with adultery and cruel conduct . Those charges Mr . Hope repelled , denying that he had ever assaulted his wife , except on -one occasion , when he boxed her ears with his open hand . He charged his wife with extreme violence of temper , and constantly using the most irritating and abusive language to him . He also described her extravagance in dressa " nd her being addicted to gambling ,
, and spending too much money in lace , baby linen , &c . He said she was quite unfit , mentally and morally , to have the care of the children , having on more than one occasion threatened to commit suicide . The affidavit disclosed a most pitiable state of domestic misery , the -only redeeming feature of which was that the daughter was described as rushing in to part her parents , and ao receiving the blows which were not intended for her . Here some discussion arose as to the real question to be tried by the jury , and it was ultimately agreed that it was mot to be one' of damages , but as to the feet of adultery han / img taken place . to
The Attorney-General then besought the jury not give credit to the extraordinary and incredible stories which have been told by the witnesses from Havre . - £ hat evidence would be shown to be aii entire fabrication . The Count did not occupy the room which had been stated , and this would be distinctly proved by the proprietor of the hotel and by the Count ' sbrother . A witness ( Young ) had told a story about Mrs . Hope ' s going to visit the Count in the Rue de Monceaux . In that he was confirmed by the driver of the brougham . But it would be clearly proved that the Count never had any apartments at all in that street . With respect to the alleged visits of the defendant and Mrs Hope to No . 20 , Rue Labordere , the Count had never been there in his
life ; but the house had been taken by the defendant ' s brother , the Viscount , whom the witnesses had mistaken for the defendant . It was a remarkable fact , that all the time the defendant was staying at Folkestone , among English witnesses , not one single act of impropriety was spoken to as having been witnessed . He was never at Mrs . Hope'sby night ; he never . slept there , and they were never discovered in any suspicious circumstances . That -there was intimacy there could be nb doubt . But there was not one fact from beginning to end which showed that an adulterous intercourse had taken place at Folkestone . As to what took place at the Reigate station , while Mrs . Hope was on a visit at Deep Deene in September , 1848 , if that transaction had ever taken place , it must have
been in September or October , 1848 ; but he would show that in August the Count went on a tour to Italy , and it was impossible that there could bo any truth whatever in the evidence which had been given by the witness How . That brought him to what was alleged to have taken place at Frascati ' s Hotel , at Havre , in 1849 , where the chambermaid asserted she saw Mrs . Hope one night go into No . 104 , the room of Count Aguado . The fact was that that room was not the room ¦ of Count Aguado , but of his brother , the Viscount , who would prove the utter falsity of the whole story . As to the account of what was alleged to have taken place at the Rue Laboraere , that rested chiefly oi \ the evidence of Talandio . Who was Talandie ? A man who had been
discharged from his service by Count Aguado j a man who had boon imprisoned for an assault on his previous master ; to whom the Count Aguado had refused to give a character , and who had threatened to pay him out for it , but whom Mr . Hope had now taken into hia service . Talandie further spoke to driving Mrs . Hope from day to day to the Count ' s lodgings in Paris ; but that statement was altogether incredible and improbable . For liow could it be imagined that the Count would discharge with ignominy a servant who would bo able to prove
the particulars of an intercourse ¦ which the Count had up to that time taken every paina to conceal ? As to the story of the Count and Mrs . Hope swimming together in thtj sea at Havre , and coming out hand in hand , that would bo shown to bo physically impossible on' account of the division which separated t ; ho bathing placo of the women from tlmt of the inon . It would bo ahown that there was a sentinol statlonocl on the spot to present an 3 such Improprieties ; which , if it had occurred , would havo boon at onco resented by ovory father and husband in the hotol . It was scarcely credible that a
woman who had been advised by her physician to dis-r continue aH intercourse with her husband , lest it should lead to consequences fatal to her health , and even to her life , would allow an adulterous intercourse with the Count , under circumstances which were sure to lead to detection . It was possible that he might not be able to answer every fact in tins case , but , if he showed that in many and essential particulars ft rested on-hollow and untrustworty evidence , it was not presuming too much to call upon the jury to conclude as to the rest in favour of the defendant , especially wben it was seen that the witnesses by whom the case was sought to be established were stni retained in the service of the plaintiff , with a knowledge of the infamous conduct of which they had been guilty . Various witnesses for the defence were then examined by Mr . Serjeant WilMns , after which
Lord Campbell summed up the evidence . His Lordship began his observations by remarking that it was a reproach to our jurisprudence that adultery was not regarded as a crime , but only as an injury to be compensated by damages . He agreed in the opinion that adultery was a great crime , an'd ought to be tieated as a crime , and not to be made the subject of civil action . The present state of our law upon this subject was looked "upon by foreigners as a disgrace and a reproach to us . He had been obliged to confess that such was the state of our law , and to blush for it . A person who now wished the bond of marriage to be dissolved was compelled in the first instance to bring an action in a court of law , for by a standing order of the House of Lords no bill for the
dissolution of a marriage was allowed to pass until an action had been brought and damages recovered . His observations would be very few , nor should he consider it necessary in this case to read over the whole of the evidence . He would , however , draw their attention to the several cases \ in which it was said there was evidence from which they might infer that the fact of adultery had been committed . There was , first , the case at Havre , in the year 1846 , when the defendant , after having possessed himself of Mrs . Hope , was seen toying with her , and putting his arms round her waist , &c , in a manner that was highly improbable . On the other hand , there was a contradiction as to the number of ¦ t he apartment which he was said to have occupied . The
plaintiff ' s witnesses said it was No . 122 , whereas the proprietor of the hotel and others agreed that that apartment was not occupied by the Count Aguado , but by another person . Then there was- the evidence of the bathing , which was not contradicted by therbaigneztsef who had been called , for it appeared that Mrs . Hope had learnt to swim in the year 1846 ; and her skill in that art might have so far improved as to have enabled her to swim in . the sea in the year 1850 . The more important facts of the case were what followed : —The first was , what was spoken to by Anne Rowse . She appeared to be a very decent woman , and nothing was extracted to shake her testimony . The witness said Mrs . Hope resorted to some contrivances .
She , in the first place , asked her husband to go and take a walk . She sent the children out , and cautioned her , Anne Rouse , not to come into her room again till the bell rang . Count Aguado was seen on that occasion to comeTup into her bedroom . Now , he ( Lord Campbell ) did not think that continental manners authorised that ; and he could not believe that that could be innocently done in any part of the world . It was then proved that Mr . Hope went to his estate in Holland , and that Mrs . Hope sent over to Boulogne to . the Count in a clandestine manner . The Count came over , and remained at Folkestone during Mr . Hope's absence . A pianoforte was brought , and removed the day before Mr . Hope ' s return . These circumstances seemed to show concert
between Mrs . Hope and Count Aguado . What could be the object of that concert if it was not to carry on an illicit intercourse ? Itwas not said that any one saw any indecency between the parties at Folkestone 5 but that was not necessary , if the jury believed that they had acted in concert with a vieAV to criminal intercourse . If the jury believed the witness How , it seemed clear that an act of adultery had been committed at Reigato . But strong evidence had been brought forward to shake that testimony . How appeared to bo a respectable and sincere witness . Ho stated that , while at Deopdeno , Mrs . Hope gave him a letter addressed to the Count Aguado , to be delivered to a gentleman , whom ho was to sec at the Reigate station . Ho said ho mot a gentleman there , to whom ho gavo the letter ; that ho received an answer written in poncil , which ho gavo to Mrs . Hope . He said he went
to seo a . friend in a room at the hotol on another day , and that ho there saw a lady and gentleman sitting on a sofa ; that Mrs , Hope was the lady , and the gentleman was the gentloman who received the lettor addressed to tho Count Aguado ; and that at that time tho gentleman had his arm round Mrs . Hope's wuist . If tho jury believed that , it waa certainly strong evidence that an adulterous intercourse had taken place . But on the other hand thoro was strong evidence that this was impossible , for several witnesses were called to show that on tho 31 st of July tho Count wont to Italy , and did not return till tho month of November . Ho now camo to tho only remaining case—that nt Folkestone in Juno , 1851 . That was a matter entirely for the jury . If they believed tho witnesses called for the > lainti ( F , thoro could bo no doubt about tho caso .
There were four witnesses who showed Uiere was concert between Mrs . Hope and Count Aguado . They stated that on the evening of the 5 th of June , 1851 , Mrs . Hope arrived at Folkestone , and engaged the rooms Nos . 58 and 59 , one for herself and the other for a friend . Afterwards the Count Aguado came . He was told that No . 58 was taken by Mrs . Hope for a friend , and he at once took it ; Those' two rooms , communicated T > y double doors ; and , if the witnesses were to be believed , a piece of the door was broken off , and the door opened , so that an opportunity was given , and probably taken . If the jury believed that evidence they were at liberty to infer that adultery was committed because an opportunity for it was thus procured . That was on
the 5 th of June , 1851 . There had been rough weather ; but on the morning of the 9 th of June the porter called the Count . He then found the door -was still open which led from No . 58 to No . 59 , and he said he saw the Count in hi 3 undress , and the lady in her undress . He ( Lord Campbell ) must say that the contradiction in this part of the case was very feeble . With these observations , he ( Lord Campbell ) -would leave the case in the hands of the jury , begging them not to give more weight to them than they thought they deserved . With respect to the amount of damages , in case they should find for the plaintiff , he thought they ought not to be large , because if the plaintiff ' s case was true , the defendant could not be considered as a seducer , and the plaintiff ' s loss was but very slight . The jury , in less than half a minute , found a verdict for the plaintiff . It was then left to his Lorship to say what should be the amount of damages , and his Lordship fixed them at 200 / .
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ELECTION INTELLIGENCE . Tivebton . —Lord Palmerston has been re-elected without opposition ; and in consideration of his important services being required in town the electors dispensed with his lordship ' s presence on the occasion . In his address to the electors , Lord Palmerston -said : — . " This country has been compelled to engage in war for objects which the judgment of the nation has declared to be of sufficient magnitude and , importance to render necessary the exertions and sacrifices which that , war may require . We are contending against a powerful adversary , but . we are contending in concert with a powerful and faithful ally ; and I-confidently hope that the spirit and energy of the British people will triumph overall difficulties , and that by vigorous exertions in . war we shall attain that end which is the object of all
just war—a safe and honourable peace . " South Wilts . —Mr . Sidney Herbert has been reelected without opposition . In returning thanks to the electors , lie apologised for so often troubling them ; and , adverting to the condition of the army , he said he thought that much of the blame should be laid elsewhere than on those who had the management in the Crimea . He also repeated his former remark , that the defect of the British army was , that it was only a collection of regiments . Those regiments ,-however , were- thorough ^ masters Of their duty , but a knowledge of the workinac of troops in masses was required . Respecting the present state of affairs , he said : —
Let them recollect that if peace was to be obtainedand the object of the war was peace , for it was to get rid of the difficulties that existed previous to the warthe object of the war being thus peace , it was the duty of those who were most anxious for peace to contribute most readily their energies and assistance towards the vigorous prosecution , of tho war . They looked to the termination of tho war in peace—when , it was impossible for man to say . They were aware that the Government had deputed one of the most eminent statesmen of tho day to proceed to tho Continent to negotiate—if negotiation could be fairly conducted—for poaco , which might be honourable to England , and durable to the world . Regarding liis new appointment as Colonial
Secretary , ho folt tho full weight of the responsibility that devolved upon him in undertaking an ottice of so much importance , but ho was glad to say that his anxiety , under tho circumstances , was much diminished by the measures of hia predecessors , who had fostered and encouraged tho growth of self-government in tha colonies , in opposition to tho arbitrary system which had onco prevailed , which had been mot by anger niul resistance , until tho relutions of parent and child wore tho reverse of what they ought to be . Those times had gone by , and they had scon by experience that tlioro were persons in our colonies who appreciated the responsibilities and were equal to tho duties of aelf-govcrnment—a principlo which was at onco tho best preserve tive of order and liberty .
During the honourable gentleman ' s speech ho was much interrupted by cries of » Who sent green colfee ? " " Why spare Odessa ? &c . RAnNonsmitB Buitans . —Sir George Cornwall Lewis has boon elected in tho place of his fattier . In his address , Sir George said : — " I wish to sco a cessation of that inordinate and aonselosa dosiro which haa been sometimes expressed ol
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. ' . StfttUUn : 17 , 1855 . ] *« ' « I / EAPEB . im
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Citation
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Leader (1850-1860), Feb. 17, 1855, page 151, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct2078/page/7/
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