Newspaper Page Text
New-Yohk, - Sept. 2.
. M%. PHILLIPS' SPEECH.
We are indebted to a friend for Gar
rick’s Dublin Morning Post, of July 12,
containing another specimen of Irish el
oquence in a speech made by Mr. Phil
lips. in a case of crim. con. tried at the
court of common pleas in Dublin, on lie
9th of July lust. The plaintiff was Mark
Browne, Esq. and the defendant Martin
Joseph Blake. The action was brought
for criminal conversation with the plain
tiff's wife. The damages were laid at
thirty thousand pounds. Such scenes of
high life were disclosed in the course of
the trial, which lasted two days, as to
disgust both court and jury. After the
counsel had finished summing up, the
judge, lord Norbuty, told the jury that
a vefdict for either party ■would satisfy
him, and that they were at lull liberty
to find whatever verdict they pleased.
The jury retired for eight minutes, and
then returned into court with a verdict
of sixpence costs for the defendant.
Mr. Phillips, in stating the case for
the plaintiff* spoke to the following ef
fect:
My Lord and Gentlemen,
lam instructed by the plaintiff to lay
’his case before you, and little do ! won
der at the great interest which Jt seems
to have excited. It is one of tnose ca
ses which come home to the “business
and the bosoms” of-mankind—itis not
confined to the individuals 'concerned—
it visits every circle from the highest to
the lowest—it alarms the very heart of
the community,and commands the whole
social family to the spot, where human
•nature prostrated at the bar of public
justice, calls aloud for pity and "protec
tion! On my first addressing a jury
upon a subject of this nature, 1 took the
high ground to which 1 deemed myself
entitled—l stood upon the purity of the
national character—l relied upon that'
chastity which centuries had made pro
- venial, and almost drowned the cry of
individual suffering in the violated repu
tation of the country. Humbled ano a
bashed, 1 must resign the topic—im ig
nation at the novelty of the offence ias
given way to horror ht the frequency of
its repetition—it is now becoming al
most fashionable amongst us; we are im
porting the follies, and naturalizing the
vices of the continent} scarcely a term
passes in these courts, during which
some unabashed adulterer op seducer
does not announce himself improving on
the odiousness of his offence, by the prof
ligacy of his justiC :ation, and as it were,
struggling to record, by crimfes, the des
olating progress of our barbarous civiliza
tion. Gentlemen, if this be suffered to
continue, what home shall be safe, what
hearth shall he sacred, what parent can,
fora nhnaent,calculate on tire posses-,
siouof his child, what child shall be sc
iure against tlie orphanage that springs
from prostitution; what solitary right,
whether of life or of liberty, or property
in the land, shall survive amongst us, if
•that hallowed couch which modesty has
veiled, ami love endeared, and religion
consecrated, is to be invaded by a vul
gar and ,-promiscuous libertinism! A
time there was when that couch was in
violable in Ireland—when conjugal infi
delity was deemed but an invention—
when marriage was considered as a sa
crament of the heart, and faith and af
fection sent a mingled flame together
from the altar; are such limes to dwindle
into a legend of tradition! are the dear
est rights of man, and the holiest ordi
nances of God, no more to be respected!
l.i the marriage vow to become but the
prelude to perjury and prostitution!
Shalbuur enjoyments debase themselves
into an adulterous participation, ami
Our children propagate an incestuous
community! Hear the case which I am
fated to unfold, and then tell me wheth
er a single virtue is yet to linger amongst
us with impunity honour,
friendship or hospitality, are to be sacr ed
that endearing confidence uy
which the bitterness of this life is swee
tened, is to become the instrument of a;
perfidy beyond conception; and wlanhei
the protection of the roof, the fraternity
of the board, the obligations of the altar,
and the devotion of tne heart, are to be
so many panders to the hellish abomina
lions they should have purified—Heat
• the case which must go forth to the’
world,but which 1 trust in God your ver
dict will accompany, to tell that world,
that if there' was vice enough amongst
us to commit the crime, there is virtue'
enough to brand it with an indignant
punishment.
Ofthc plaintiff, Mr. Brovnjo, it is quite
impossible but ypu must have heard
much—his misfortune has given him a
sad celebrity, and H does seem a pecu
liar incident to such misfortune, that the
loss of happiness is almost invariably;
, succeeded by the deprivation of charac
ter. As the less guilty murderer will
try to hide the corse that may lead to
his detection, so does the adulterer, bv
obscuring the reputation of his victim.'
seek to diminish the moral responsibility i
he has incurred. Mr Browne undoubt
cdly forms-no exception to this system
betrayed by his friend, and abandoned
by his wife, bis too generous confidence,
his too tender love has been slanderous
ly perverted into the sources ofliis cala
mity—because he could not tyrannise
over her whom he adored, he was care
letss— he could not suspect him
ua whom he Wasted, he arts careless; and
crime in the infatuation of its cunning
found Its justification even on the virtues
of its victim! 1 am not deterred by the
, prejudice thus-cruelly excited-*-! appeal
from the gossiping credulity of scandal
to the grave decisions of fathers and of
' husbands, and I implore of you, as you
value th; blessings of your home, not to
countenance the calumny which solicits
’ a precedent to excuse their spoliation.
At the close of the year 1809, the death
of my client’s father gave him the inheri
tance of an ample fortune. Os all the
joys his prosperity created, there was
none but yielded to the extasy of sharing
it with her he loved, the daughter of his
; father’s ancient friend, the respecta
. ble proprietor of Oran castle.—She was
then in the very spring of life, and never
did the sun ot heaven infold a lovlier
blossom—her look was beauty and her
breath was fragrance—the eye th.U. saw
her caught a lustre from the vision; and
all the virtues seemed to linger round
her, like so many spotless spirits enam
oured of 'her loveliness.
“ Yes, she was good as she was fair,
■ None, none on earth above her,
As pure in thought as angels are,
‘ To see her was to love her.”
What years of tonguelcss transport
might not her happy husband have an
ticipated! What one addition could her
beauties gain to render them all perfect!
In the connubial rapture there was only
one, and site was blessed with it. A
lovely family of infant children gave her
the consecrated name of mother, and
with it all-that heaven can give of inter
est to this world’s worthlessness. Can
the mind imagine a more delightful vis
ion than tlrat of such a mother, thus
young, thus lovely, thus beloved, bless
ing; a husband’s heart, basking in a
world’s settle; and while she breathed
into herjittle ones, the moral light,-shew
ing tMm that robed in all the light of
beauty, it was still possible fur their vir
tues to cast it into the shade. Year af
ter year of happiness rolled on, and eve
ry year but added to their love, a pledge
to make it happier than the former.
Without ambition but her husband’s
love, without one object but her chil
dren’s happiness, tins lovely woman,
circled in her orbit, al ('bright, all beau
teous in the prosperous hour, and if that
hour e’er darkened, only beaming the
brighter and the lovlier. What human
hand could mar so pure a picture!—
What punishment could adequately vi
sit its violation!
“ Oh happy love, where love like this is
found!
Oh heart felt rapture! bliss beyond com
pare!
It was indeed the summer of their lives,
and with it came the swarm of summer
friends, that revel ip the sun shine of the
hour, and vanish with its splendor.
High and honored in that crowd—most
guy, most cherished, most professing,
. stood the defendant, Mr. Blake. He
was the plaintiff’s dearest, fondest friend,
to every pleasure called, in every case
consulted, his day’s companion,and his
evening guest, h’s constant, trusted, bo
som confident, and under guise of all, oh
human nature! he was his fullest, dead
liest, final enemy'! Here, on the authori
ty -of this brief, do 1 arraign him, of hav-.,
ing.wound himself intomy client’s inti
macy—of having encouraged that inti
macy into friendship, of having-counter
feited a sympathy in his joys and in his
sorrows; and when he seemed too pure
even for scepticism itself to doubt him,
of having \xi\9k the very sanctity of his
roof perpetrated an adultery tie most
unprecedented and perfidious? If tills be
true, can the world’s wealth defray the
penalty of such turpitude? Mr. Browne,
gentlemen, was ignorant of every agri
cultural pursuit, and, unfortunately a
dopting the advice of his father-in-law,
he cultivated the amusements of theCur
raglw I-say, unfortunately, for his own
affairs, and by no means i.» reference to
the pursuit jtsclf. It is not for me to li
bel an occupation which the highest, and
noblest, and must illustrious throughout
the empire, countenance by their adop
tion, which fashion and virtue graces b
its attendance, and in which, peers and
legislators and princes are not ashamed
to appear -conspicuous. But if the mo
rality’that countenances it be doubtful,
by what epithet shall we designate that
which would make it an apology for the
most profligate of offences? Even if Mr.
llrowne’s pursuits were ever so errone
ous, was it for his bosom friend to take,
advantage of them to ruin him? On this
subject, it is sufficient for me to remark,
that under circumstances of prosperity
or vicissitudes, was their connubial hap
piness ever even remotely clouded? In
fact, the plaintiff disregarded even the
amusements that deprived him of her so
ciety; He took a house far her in the vi
cinity of Kildare, furnished it with all
that luxury could require, and ’afforded
her Che greatest of all luxuries, that of
enjoying and enhancing bis most prodi
gal affection. From the hour of their
marriage, up to the unfortunate discov
ry, they lived on terms of the utmost
tenderness; not a word, except one oi
■ love; notan net,except of mutual en
, passed between them. Now,
gentlemen, if this he proved to you,
here Intake my stand, and 1 say, under
no earthly circumstances, can a justifica
tion of the adulterer be adduced. No
matter with what delinquent sophistry
- he may blaspheme through its palliation,
s God ordained, nature cemented, happi
. uess consecrated that celestial union,
i, and it» complicated treason against God
1 and man, and society to intend its viola
tion. The social compact, through eve
ry fibre trembles at its consequences; not
op!y policy but law, not only law, but
nature, not only nature but religion, de
precate and denounce it—parent and off
spring—youth and age—the dead from
the tombs—the child from * ts cradle
creatures scarce alive, and creatures still
unborn; the grandsire shivering on the
verge of death; the infant in the mother’s
womb; all with one assent re-echo God,
and execrate adultery! I say, then,
where is it once proved that husband and
wife live together in a state of happiness,
ho contingency on yvhich the sun can
shine, can warrant any man in attempt
ing their separation. Did they do sos
That is imperatively your first consider
ation. I only hope that all the hearts
religion has joined together, may have
ehjoved the happiness that they did.
Their married state, was one continued
honey-moon; and if ever cloud arose to
dim it, before love’s sigh it fled, and left
its orb the brighter. Prosperous and
wealthy, fortune had no charms for Mr.
Browne., but as it blessed the object of
his affections. She made success de
lightful; she gave his wealth its value.
The most splendid equipages—the most
costly luxuries—the richest retinue—
that vanity could invent to dazzle—ali
that affection cotlld devise, to gratify,
were tier's,-and thought too vile for her
enjoyment. Great as his fortune was,
his love outshone it, and it seems as if
fortune was jealotis of the performance.
Proverbially capricious, she withdrew
her smile, Hid left him shorn almost of
every thing except his love, and the fi-,
delity that crowned it.
The hour of adversity is woman’s
hour—in the full blaze of fortune’s rich
meridian, her modest beam retires from
vulgar notice, but when the clouds of
woe collect around us, and shades and
darkness dim the wanderer’s path, that
chaste and lovely light shines forth to.
cheer him. an emblem and an emanation
of the heavens!—lt was then her love,
her value, and her power was visible.
No, it is not, for the cheerfulness with'
which she bore the change I prize her—
it ‘n not that without a sigh she surren
dered all the baubles of prosperity—but
that she pillowed her poor husband’s
heart, w elcomed adversity to make him
happy, held up her little children as the
weal th that no adversity could take away;
and when she found his spirit broken
and his soul dejected, with a more than
(masculine understanding, retrieved, in
some degree, his desperate fortunes, .and
saved the little wreck that solaced their
retirement. What was such a woman
worth, I ask you? If you can stoop to
estimate by dross the worth of such a
creature, give me even a notary’s calcu
lation, and tell me then what was she
worth to him whom she had consecrated
the bloom of her youth, tye charm of her
innocence, the splendor of her'beauty,
the wealth of her tenderness, the power
of her genius, the treasure of her fidelity f
She the mother of his children, the pulse
of his heart, the joy of his prosperity, the
solace of his misfortunes—what w r as she
worth to him? Pullen as she is, you may
still estimate her; you may see her val
ue even in her ruin. The gem is sullied
—the diamond is shivered; but even in
its dust you may see the magnificence of
its material—After this, they retired to
Rockville, their seat iu the county of
Galway, where they resided in the most
domestic manner, on the remnant of their
once splendid establishment. The but
terflies, that in their noon-tide fluttered
round them, vanished at the first breath
of their adversity; but one early friend
still remained-faithful and affectionate,
and that was the defendant. Mr. Blake
Is a young gentleman of about eight and
twenty; of splendid fortune, polished in
his manners, interesting in his appear
ance, with many qualities to attach a
friend, and every quality to fascinate a
female. Most willingly do I pay the tri- 1
bute which nature claims for him; most
bitterly do 1 lament that he has been so
Ungrateful to so*prodigal a benefactress.
The more Mr. Browne’s fortune accumu
lated, the more disinterestedly attached
did Mr. Blake appear to him. He shared
with him his purse, he assisted him with
his counsel; in an affair of hoaor he pla
ced his life and character in his hands—
he introduced his innocent sister, just
arrived from an English Nunnery, into
the family of his friend—lie encouraged
every reciprocity of intercourse between
the females; and, to crown all, At no
possible suspicion might attach to him,
he seldom travelled without his Domes
tic Chaplain! Now, if it shall appear that
all this was only a screen for his adulte
ry; that he took advantage of his friend’s
misfortune to seduce the wife of his bo
som—that he affected confidence only
to betrav it; that he perfected the wretch
edness fie pretented to console, and that
in the midst of poverty he has left his
victim, friendless, hopeless, companion
less; a itasbatid without a w ife and a fa
ther without a child. Gracious God! is
it not enough to turn Mercey herself in
to an executioner! You convict for mur
der—here is the hand that murdered in
nocence! You convict for treason—here
is the vilest disloyalty to friendship!—
You convict for robbery—here is one
who plundered virtue of her dearest
pearl, and dissolved It even in the bowl
that hospitality held out to him!! They
pretend that he is innocent! Oh effronte
ry the most unblushing! Oh vilest in
sult, added to the deadliest injury! Oh
base, detestable, and damnable hypocri
sy! Os the final testimony it is true
enough their cunning has deprived^us;
•* .
but under Prudence, I shall pour upon
this baseness such a flood of light, that I
will defy, not the most honorable man
merely, but the most charitable sceptic,
to tyuch the Holy Evangelists, and say,
by their sanctity, it has not been com
mitted. Attend upon me. now, gentle
man, step by step, and w ith me rejoice,
that, no matter how cautious may be the
conspiracies of guilt, there is a Power
above to confound and to discover them.
On the 27th of last January, Mary
Hines, one of the domestics, received
directions from Mrs, Browne, to have
breakfast ready very early on the ensu
ing morning, as the defendant, then on a
visit at the house, expressed an inclina
tion to go out to hunt. She was accor
dingly brushing down the stairs at a ve
ry early hour, when she observed the
handle of the door stir, and fearing the
noise had disturbed her, she ran hastily
down stairs to avoid her displeasure.—
She remained below about 3 quarters of
an hour, when her master’s bell ringing
violently she hastened (o answer it. He
asked her in some alarm where her mis
tress w as? Naturally enough astonished
at such a question at such an hour, she
said she knew not, but said she would go
down and see xvhethcr or not she was in
the parlour. Mr. Browne, however,
good reason todie alarmed, for she w'as so
extremely indisposed going to bed at
night that anexpress stood actually pre
pared to bring medical aid from Galway,
unless she appeared better. An unusual
depression both of mind and body preyed
upon Mrs. Browne on the preceding eve
ning. She frequently burst into tears,
threw her arms round husband’s neck
saying she was sure another month would
separate her for ever from him and her
dear children. It was not an accidental
•men. Too surely the warning of provi
dence was upon her. When the maid
was going down, Mr, Blake appeared at
his door totally undressed, and in a tone
of mudh confusion desired that his ser
vant should be sent up to him. She went
down—as she was about to return from
her ineffectual search, she heard her
master’s voice in the most violent ind.g
nation, and almost immediately after
Mrs. Browne rushed past her into the
parlour, and hastily seizing her writing
desk, desired her instantly to quit the
apartment. Gentlemen, I request you
will bear every syllable of this scene in
your recollection, hut most particularly
the anxiety about the writing desk. You
will soon find there was cogent reasons
for it Little was the wonder that Mr.
Browne’s tone should be that of vio
lence and indignation. He had discov
ed his wife and his friend totally undress
ed, just as they had escaped from the
guilty bed side where they stood in the
shame and horror of their situation! He
shouted for her brother, and that miser
able brother had tho agony of w itnessing
his guilty sister in the bed room of her
paramour, both almost literally in a state
of nudity. Blake! Blake! exclaimed the
heart struck husband, is this the return
you have made for my hospitality? Oh,,
heavens! tvliat a reproach was there! It
was not merely, you have dishonoured,
my bed—it was not merely you have sa
crificed my happiness—it was not mere
ly, you have widowed me in my youth,
and left me the father of an orphan fa
mily—it was not merely, you have vio
lated a compact to which all the world
swore a tacitveneration—but, you—you
have, done it, my friend, my guest, under
the very roof barbarians reverence: where
you enjoyed my table, where you pledg
ed my happiness; where you saw her in
all the loveliness of virtue, and at the
very hour when our little helpless chil
dren were wrapt in that repose of which
you have for ever robbed their miserable
parents! Ido confess when I paused
here in the perusal of these instructions,
the very life blood froze within my veins.
What, said I, must I not only reveal this
1 guilt! must I not only expose this per
fidy! must I not only brand the infidel
ity of a wife, and a mother, but must I,
<amidst the agonies of outraged nature,
make the brother the proof of the sister’s
prostitution! Thank God, gentlemen, I
may not be obliged to torture you, and
him, anti myself, by such instrumental
ity. I think the proof is full without it,
though it must add another pang to the
soul of the poor plaintiff, because it must
render it almost impossible that his lit
tle infants are not the brood of this adul
terous depravity. It will be distinctly
proved to you by Honoria Brennan, an
other of the servants, that one night, so
far back as the May previous to the last
mentioned occurrence, when ske was in
the act of arranging the beds, she saw
Mr. Blake come up stairs, look cautious
ly about him, go to Mrs. Browne’s bed
room door, and tap at it; that immediate
ly after Mrs. Browne went with no other
covering than her shift, to Mr. Blake’s
bed chamber, where the guilty parties
locked themselves up together.' Terrifi
ed and astonished the m. id retired to the
servants’ apartments; and in about a
quarter of an hour after she saw Mrs.
Browne in the same habiliments return
from the bed-room of Blake into her hus
band’s. Gentlemen, it was by one of
those accidents which so often accompa
ny the development of guilt, that we have
arrived at this evidence. It w’as very
natural that she did not wish to reveal it;
very natural that she did not wish to ex
pose he* mistress, or afflict her uncon
scious master with the recital; very na
tural that she did not desire to be the
instrument of so frightful a discovery.
when she found that conceal
tnent was out of ths question-; that this
S? •- t With,."
4 - I
fctihnwas actually in progress, andthal'
tt.e guilty delinquent was publicly 21
umphmg m the absence of proof* !]
a herd oT slanderous dependents. m”|9
vilifying the character of his victim-, ‘MI
sent a friend to Mr. Browne, and in \ ■
presence and that of two others, souMl
!y discovered her melancholy intormlM
tion. Gentlemen,! do intreat you toevl l
amine this woman, though she" is a nu ,iM
educated peasant, with all severity !,■
cause ifshe speaks the truth, Ithiulv\ o m
will agree with me, tlmt so horrible I
complication of iniquity never dismal
cd the annals of a court of justice/ pfl
had just risen from the table of his frienS
—he left his own brother and that frien*
behind him, and even from the very board
of his hospitality, he proceeded to tld'
defilement of his bed! Os mere adultp-B 1
I had heard before. It was bad enoJB
—a breach of all law, religion ami mnraliß
ty—but—what shall 1 call tliisr—tid
seduced innocence—insulted niisfortuujv
—•betrayed friendship—violated ho?oita®
ity—tore up the very foundation of UU
man nature, and hurled its fragments aB
the violated altar, as if to bury relHo®
beneath the ruins of society!! Oh, it S
guilt might put a Daemon to the blnjh* ■
Does our proof rest here! No: thongK
the mind must be sceptical that afteiß
this could doubt. A guilty correspond
dence was carried on between the par!
ties, ard though its Contents were dip!
troyed by Mrs. Browne, on the mornir!*!
of the discovery, still we shall authentf!
cate the fact beyond suspicion. You!
shall hear it from the very messenger B
they entrusted—you shall hear from him I
too, that the wife and the adulterer both!
bound him-to the utmost secrecy, at once I
establishing their oWn collusion and their I
victims ignorance, proving, by the very!
anxiety ror concealment, the impossibili!
ty of connivance; so true it is that the I
conviction of guilt will often proceedil
even from the stratagem for its security.*
Does our proof rest here? No; you shall I
have it from a gentleman of hmmpeach-1
able veracity, that the defendant lumself I
confessed the discovery in his bed-room I
—>‘l will save him,” said he, “the trou-1
ble of proving it; she was in her shift, I
and I was in my shirt. I know very I
well a jury will award damages against I
me; ask Browne will he agree to compro- I
mise it; he owes me some money, and I I
will give him the overpluss in horses!” I
Can you imagine any thing more abomi- I
nable. He seduced from his friend the I
idol of his soul, and the mother es his I
children, atidwhen he was writing under I
the recent wound, he deliberately offers I
him brutes in compensation! I will not I
depreciate this cruelty by any comment; I
yet the very brute he would barter for I
that unnatural mother, would have lost I
its life rather than desert its offspring.-
Now, Gentlemen, what rational mind
but must spurn the asseveration of inno
cence afterthis? Why a clandestine cor
respondence with her husband's friend?
Why remain at two different periods, for
a quarter of an hour together, in a gen
tleman’s bed-chamber, with no other hab-
Timent, at one time, than her bed-dress,
at another than her shift- Is this custom
ary with the married females of this
country? Is this to be a precedent for
our wives and daughters, sanctioned too
by you, thier parents and their husbands?
Why did he confess that a verdict for
damages must go against him, and make
the offer of that unfeeling compromise?
Was it because he was innocent? The
very offer was by default, a
distinct, undeniable corroboration of his
guilt. Was it that, the female character
should'not suffer? Could there he a more
trumpei-tongued proclamation of her
criminality? Are our witnesses suborned?
Get his army of Counsel sift and torturej
them. Can they prove it?—o yes, if if
be proveable. Let them produce her bro
ther—in our hands, a damning proof tA
be sure; but then,* frightful, afflicting,
unnatural—in theirs, the most consola
tory and delightful, the vindication of
calumniated innocence, and that inno
cence of a sister. Such is the leading
outline of our evidence which you will
only wonder is so convincing in a case
whose very nature presupposes the most
cautious secrecy. The law, indeed,
gentlemen, duly estimating the difficulty
of final proof in this species of action has
recognized the validity of inferential evi
dence, but on that subject his Lordship
must direct you.
Do they rely then on the ground ot
innocency? If they do, I submit to you
on the authority of the law, that infer
ential evidence is quite sufficient; and on
the authority of reason, that in this par
ticular case, the inferential testimony a*
mounts to demonstration. ■ Amongst the
innumerable calumnies afloat, it has been
hinted to me indeed, that they mean to
rely upon what they denominate the in
discretion of the husband. The moment
they have the hardihood to resort to that,
they, of course, abandon all denial of de-
and even wereitfully proved,
it is then worth your most serious con
sideration, whether you will tolerate such
a defence as that. It is in my mind be
yond all endurance, that any man should
dare to come into a Court of Justice, and
on the shadowy pretence of what he may
term carelessness, ground the most sub
stantial and irreparable injury. Against
the unmanly principle of conjugal seve
rity, in the name of civilized society *
solemnly protest. It is not fitted for the
meffdian, ai\d, I hope, will never amal
gamate itself with the manners of this
country—it is the most ungenerous an
insulting suspicion, reduced into the
most unmanly and despotic practice.