Monday, the 22nd of April, after the attorney-general had declared the evidence on behalf of the prosecution to be concluded, the lord high steward called upon the prisoner for her defence, which she read; and the following are the most material arguments it contained to invalidate the evidence adduced for the prosecutor:—She appealed to the Searcher of all hearts, that she never considered herself as legally married to Mr. Hervey; she said that she considered herself as a single woman, and as such was addressed by the late Duke of Kingston; and that, influenced by a legitimate attachment to his grace, she instituted a suit in the Ecclesiastical Court, when her supposed marriage with Mr. Hervey was declared null and void; but, anxious for every conscientious as well as legal sanction, she submitted an authentic statement of her case to the Archbishop of Canterbury, who, in the most decisive and unreserved manner, declared that she was at liberty to marry, and afterwards granted, and delivered to Dr. Collier, a special licence for her marriage with the late Duke of Kingston. She said that on her marriage she experienced every mark of gracious esteem from their majesties, and her late royal mistress, the Princess Dowager of Wales, and was publicly recognized as Duchess of Kingston. Under such respectable sanctions and virtuous motives for the conduct she pursued, strengthened by a decision that had been esteemed conclusive and irrevocable for the space of seven centuries, if their lordships should deem her guilty on any rigid principle of law, she hoped, nay, she was conscious, they would attribute her failure as proceeding from a mistaken judgment and erroneous advice, and would not censure her for intentional guilt. She bestowed the highest encomiums on the deceased duke, and solemnly assured the Court that she had in no one instance abused her ascendency over him; and that so far from endeavouring to engross his possessions, she had declared herself amply provided for by that fortune for life which he was extremely anxious to bequeath to her in perpetuity. As to the neglect of the duke’s eldest nephew, she said it was entirely the consequence of his disrespectful behaviour to her; and she was not dissatisfied at a preference to another nephew, whose respect and attention to her had been such as the duke judged to be her due on her advancement to the honour of being the wife of his grace.
The lord high steward then desired Mr. Wallace to proceed with the evidence on behalf of the duchess. The advocate stated the nature of the evidence he meant to produce to prove that Anne Cradock had asserted to different people that she had no recollection of the marriage between Mr. Hervey and the lady at the bar; and that she placed a reliance on a promise of having a provision made for her in consequence of the evidence she was to give on the present trial: and to invalidate the depositions of Judith Philips, he ordered the clerk to read a letter, wherein she supplicated her grace to exert her influence to prevent her husband’s discharge from the duke’s service; and observed, that Mrs. Philips had, on the preceding day, sworn that her husband was not dismissed, but voluntarily quitted his station in the household of his grace.
Mr. Wallace called Mr. Berkley, Lord Bristol’s attorney, who said his lordship told him he was desirous of obtaining a divorce, and directed him to Anne Cradock, saying she was the only person then living who was present at his marriage; and that a short time previous to the commencement of the jactitation suit, he waited upon Anne Cradock, who informed him that her memory was bad, and that she could remember nothing perfectly in relation to the marriage, which must have been a long time before.
Anne Pritchard deposed, that about three months before she had been informed by Mrs. Cradock that she expected to be provided for soon after the trial, and that she expected to be enabled to procure a place in the Custom-house for one of her relations.
This being the whole of the evidence to be produced on behalf of her grace, the lord high steward addressed their lordships, saying, that the evidence on both sides having been heard, it now became their lordships’ duty to proceed to the consideration of the case; that the importance and solemnity of the occasion required that they should severally pronounce their opinions in the absence of the prisoner at the bar, and that it was for the junior baron to speak first.
The prisoner having then been removed, their lordships declared that they found her guilty of the offence imputed to her.
Proclamation was then made that the usher of the black rod should replace the prisoner at the bar; and immediately on her appearing, the lord high steward informed her that the lords had maturely considered the evidence adduced against her, as well as the testimony of the witnesses who had been called on her behalf, and that they had pronounced her guilty of the felony for which she was indicted. He then inquired whether she had anything to say why judgment should not be pronounced against her?
The duchess immediately handed in a paper containing the words, “I plead the privilege of the peerage,” which were read by the clerk at the table.
The lord high steward then informed her grace that the lords had considered the plea, and agreed to allow it, adding, “Madam, you will be discharged on paying the usual fees.”
The duchess during the trial appeared to be perfectly collected, but on sentence being pronounced she fainted, and was carried out of court.