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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.