Morals," ," said he, in his brilliant and expressive language, "come in cold abstract from the pulpit, but men smart under them, practically, when we lawyers are the preachers." He trusted this would be the case in the present instance, and there could not be a doubt that the cause of good morals would be benefited by the result. It would be benefited, as it had been by the exertions of the noble and learned judge to whom he had before alluded, and who, on occasion of the same trial which drew from Mr. Erskine the remark he had mentioned, thanked Heaven he had found juries co-operate with him, in endeavouring to correct the morals of a libertine age, by letting the public know they best consult their own interest, by discharging with fidelity the duties they owe to God and to society. that she had received three rupees from the defendant, that he did not bear any of the expences attending her lying in; nor did he ever make any offer to support her child. On her cross-examination by Mr. Dowdeswell, she said she remembered going on a party of pleasure to Sorabjee's Bungalow; she at first did not recollect the time, but, on consideration, said itwas in October last; there were fifteen or sixteen persons of the party, seven or eight of whom were women; they all dined, and most of them slept there that night; her father remained with them till one o'clock in the morning, when he went home leaving her there, and also her mother and grandmother. The defendant was of the party, and this was the first night of their counection. It was before this that Mr. Vulgar had told her the de The first witness called was Mrs. fendant wished to marry her; the Jones. She said she was about 22 years of age; the daughter of the plaintiff; that the defendant had been in habits of visiting at her father's house soon after his arrival from a voyage in August last. That he intimated his wish to marry her through the medium of a friend of his, a Mr. Vulgar; that he also in person repeatedly promised to marry her. That he was the father of her child; that she had never been connected with any man but the defendant since the death of her husband; that he used to come in at her bed-room window, when the rest of her family were asleep; that she was in her father's house when she was delivered on the 7th of June last, and, till she was confined, had been used to do servant's work in the house; that she was ill and unable to perform her usual services for upwards of two months; defendant, besides the 3 rupees she had mentioned, had given her a ring and a piece of chintz; he gave her the ring at the time he expressed his intention to marry her. As the widow of Mr. Jones, who was a conductor of stores, she had a pension from government of 17 rupees per month; this sum she expended in the purchase of cloaths; her father wrote in the secretary's office; she knew no person of the name of Barnes, and did not remember any offer of marriage being made to her by any person of that name; she did not know Joana Souza a midwife; but she remembered a midwife being called to see her about September and October last, and also in January following. On the first occasion the midwife declared her complaint arose from flatulency; she thought herself with child. The ladies, who were of the party to Sorabjee's Bunga low, Balloo, the next witness, said he was in the service of the defendant, and had been so for ten years past; that he was with him when Mrs. Jones lived with her father; that she did a great part of the business of the house; she was generally employed in making and mending cloaths for herself and her father. A witness was then called, who proved the defendant had been third officer and purser of the ship Adam Smith, of eight hundred tons burthen. But it appeared he was at present out of employment, and had been so for near twelve months. Another witness proved that the defendant was about to be married to another lady, daughter to a gentleman of some property, but to what extent he expected to profit by this connexion, did not appear. Two witnesses were also called who had known the plaintiff for a long period of years, and spoke of his character and attention to his family in very favourable terms. Mr. Dowdeswell, upon the part of the defendant, began by saying, that he could not refrain from congratulating his friend Mr. Threipland upon being removed from the vices of Europe, which he had so pathetically lamented; but he did not believe his friend would entertain the opinion (after the circumstances of the present case were fully detailed) that the climate of Asia was more favourable to virtue and morality, Upon the 27th of October, a large party of ladies and gentlemen (among whom were the plaintiff, his wife, mother, and Mrs. Jones, his daughter), with the defendant, went to spend the evening at Sorabjee's Bungalow. The spirit of entertainment was kept up, the bottle went merrily round, there was much singing and gaiety till one o'clock the succeeding morning. At that hour Mr. Bourdeau, and several other persons of the party, went to their respective homes, leaving the remainder to dispose of themselves in the following manner: the gen. tlemen to retire to their palanquins, and the ladies to roll them. selves on the floor-for beds and bed-chambers there were none. Whether the other ladies found the place allotted for repose very hard and uncomfortable, he was not so impertinent as to inquire; but Mrs. Jones certainly did so, and, in the search of a softer pillow, reeled by some chance or accident, into his client's meannah. In this snug retreat she was discovered by one of the party, who would be called before the court. Mr. Dowdeswell Much had been said respecting the character of Mr. Bourdeau, and of his anxiety to bring up his daughter in the paths of chastity and propriety. A respectable clergyman had been called to testify to that anxiety. said he regretted that the care and anxiety had not been extended a little further-to keep her in them. Was Sorabjee's Bungalow a fit and decent place to leave a young woman in at such an hour, with a number of young men, elevated by the festivity of the evening? Allusions had been made to cases of adultery, and the court called upon to give exemplary damages. He thought thought the present case resembled some of the cases alluded to, where a negligent inattentive husband had thrown his wife into the arms of her gallant. It reminded him of one,-where a simple girl, a witness, being teazed by a cross-examination, and pressed to recollect particular circumstances, exclaimed, "I cannot remember, I did not expect such a fuss would be I made about this matter. When I saw my master, the plaintiff, and a lady rolled up in one corner of the carpet, and my mistress rolled up with the defendant in another corner of the carpet, I thought they were all agreed." If disgrace had been brought upon Mr. Bourdeau by the present defendant, Mr. Bourdeau had himself to blame; but the defendant was not the father of the child. The lady herself has admitted, that the first connexion with the defendant was at this merry-making. When she was brought to bed is not distinctly ascertained, but it must have been in the first week in June. It so happens that this virtuous lady was suspected by her mother to be with child in September. A midwife was then called in, who was at that time uncertain as to the fact; but having been again sent for in January, has now no doubt that the suspicions were well founded. No evidence had been given to shew that this was a seven months' child. The defendant did not return from the Red Sea to Bombay till about the 26th of August. Mrs. Jones has asserted, that proposals of marriage from the defendant were made to her through Mr. Vulgar previous to the meeting at Sorabjee's Bungalow. Mr. Vulgar will be called, and will satisfy the court that he never car ried such proposals, had no authority so to do, and that he believes the defendant never entertained a thought of such marriage. As for exemplary damages, judges had differed upon that subject. By the present action a recompense was sought for a civil injury, but no evidence has been given of any sum of money expended by the father upon the lying in. For the breach of promise of marriage, if any such had been made, the lady herself may maintain her action. Mr. Dowdeswell concluded by taking a legal objection, that as the daughter had been married, she was emancipated from her father's family, was sui juris, had a pension from the company as the widow of one of their servants, therefore the present action would not lie. The first witness called was John Vulgar. He said he had been in India since 1774, and his employment at present was stowing cordage; that he knew the plaintiff and his daughter, Mrs. Jones, ever since her birth; that he lived next door to the plaintiff, and was called in towards the end of September last in consequence of Mrs. Jones being unwell. On this occasion her mother told him that she had been unwell ever since June; but that he said she was with child, which he concluded likewise from her appearance, which was larger than usual; that he knew a Mr. Barnes, and had carried an offer of marriage from him to Mrs. Jones severa years ago; that he understood the marriage did not take place, in consequence of something transpiring as to Mrs. Jones's character; that he was of the party to Sorabjee's Bungalow, and that it took place on the 27th of October last; that he never carried any offer of mar riage on the part of the defendant to Mrs. Jones. On his cross-examination by Mr. Threipland, he said the defendant lived in his house, and had done so since his return from his last voyage; that he was in habits of intimacy with him, but had never heard him mention a word as to his connexion with Mrs. Jones; his daughters were of the party to Sorabjee's Bungalow as well as himself; that it was from them, and not from the defendant, that he heard of Mrs. Jones's conduct there; that he did not inform the plaintiff of what he had been told respecting her; that his daughters continued to associate with Mrs. Jones as before, but that the plaintiff would not permit her to come into his house. Barnes Brans was next called. He said he had seen Mrs. Jones frequently. Mr. Vulgar once carried proposals of marriage from him to her; this was before her marriage with Mr. Jones; the offer came to nothing, as he did not like her; he was of the party to Sorabjee's Bungalow, where he saw Mrs. Jones; it was in October, but he did not recollect the day of the month. The next witness was Joana Souza, who said she was a midwife, and attended Mrs. Jones in September last, by desire of her mother. On examining Mrs. Jones, she could not say she was with child, she rather thought it was occasioned by flatulency. She went again about the beginning of January, when she was satisfied she was with child, and supposed she might be four months gone. On her cross-examination, she said Mrs. Jones's shapes in September could not make her be supposed with child; that a woman was generally three or four months gone with child before her size was altered so as to make her situation visible. Eliza Tool was next calledshe said she was of the party to Sorabjee's Bungalow with Mrs. Jones; the gentlemen were all singing and playing till day-break; three of the ladies were going down stairs in the morning, when they were told to stop, for that Mrs. Jones and Mr. Reel were in a meana together; that Mrs. Jones appeared to be with child at this time. Here the evidence for the dofendant closed. The court, after some consideration, were of opinion, that judgment ought to be given for the defendant. Even if Mrs. Jones's testimony had stood uncontradicted, a judgment in favour of the plaintiff could scarcely have been founded upon it. The circumstance of the child being, by her own account, born at eight months was itself sufficiently suspicious, and her saying that in the month of September previous to the party at Sorabjee's Bungaloo she thought herself with child, which the midwife who examined her did not seem clear might not be the case, though she rather thought it otherwise, was not to be reconciled with the fact which it was necessary for the plaintiff to establish, that the defendant, and no one else, was the father of the child in question. When to this was added her asserting that offers of marriage on the part of the defendant had been made to her through the medium of Mr. Vulgar, which he positively denied, and his and Mrs. Tool's suspicions of her situation from ber outward appearance in the months of September and October, the opinion opinion of the court, that her evidence did not support the case, was still farther confirmed. OCTOBER. Madras, October 14, 1802. On Tuesday a session of Oyer and Terminer, and general goal delivery, commenced before the Hon. Sir Henry Gwillim, one of his Majesty's Justices of the Supreme Court. Francois Konig, a private of the Muron regiment, and John Collins, a trooper of the 19th regiment of dragoons, were convicted of murder, and received sentence of death. Two natives named Raman and Chingleroy, were convicted of grand larceny, and ordered to be transported for seven years, to Prince of Wales's island. Several others were discharged by proclamation, and the session closed on Thursday evening. BOMBAY, October 16, 1802. On Tuesday last the 12th instant, the quarterly sessions of Oyer and Terminer were held before Edward Atkins, Esq. mayor, and acting president of the court of the recorder, and his associates, Robert Henshaw, Simon Haliday, and Patrick Hadow, esquires. Edward Atkins, esq. mayor and acting president of the court, having informed the grand jury that the only bill they would have to investigate was one for stealing from a dwelling house, goods and chattels to the value of 40s. Mr. Threipland said, it was his duty, as counsel for the crown, to state, that there was another bill ready to be submitted to the consideration of the present grand jury for an offence infinitely more henious; a bill which charged a number of individuals, who as yet were not in custody of the civil power, with having occasioned, or been accessary to the death of his excellency Hadjee Khaleel Khad, ambassador from the king of Persia, and others, his attendants. In reply to this, Mr. Atkins, said, Sir, as the case you have mentioned is perhaps of as great importance as any which ever came before a court, and as this court has been too recently deprived of its president to be sufficiently prepared for so important an investigation, no information with respect to which has hitherto been laid before them, it is their general desire that it may be deferred till the bench is full, more especially as that is likely to be the case in a short period of time, and they trust you are empowered to consent to a delay in which it seems to them that the public and the persons accused are equally interested. that Mr. Threipland then observed, that though it certainly was the anxious wish of those who acted for the crown on this occasion, that the law should take its course, in relation to the calamitous affair alluded to, with as little delay as was con sistent with the attainment of substantial justice, yet it was impossible to be insensible to the conse quences of an event which had deprived the court of his assistance, who was peculiarly qualified to have conducted such an investigation with entire satisfaction to the public. That the intended trial was of a most important nature, there could be no doubt: it was of the last importance to the accused, who were therefore entitled to much consideration in the manner of conducting it; but it was not of more consequence to them than it was material to the public, that every circumstance connected with the event which had taken place on the |