"I will begin with the defendant; because, indeed, gentlemen, he is the more highly favoured man; I mean, gentlemen, that Providence has blessed him with a much greater share of this world's goods; he is known to man by the solemn designation of the Rev. Samuel Thorpe; yes, gentlemen, the defendant in this action, for criminal conversation with the wife of my client, is, or very lately was, a preacher of morality; an expounder of that divine doctrine which inculcates the precept, 'Do unto others, as you would have others do unto you;' he is a gentleman, who, beholding with horror the degeneracy of the times, and believing, no doubt, it required some extraordinary exertions to recall us unto virtue, has voluntarily, for no idea of gain, or means of livelihood, publicly devoted his talents to the pulpit. Such conduct, if we had not other most opposite circumstances to disclose, would have called forth our admiration and applause; for, gentlemen, the pulpit, in the sober use of its legitimate peculiar powers, must stand acknowledged, while the world shall stand,
"The most important and effectual guard,
Support and ornament of virtue's cause.
"The defendant, gentlemen, is also a rich man; he is, to say the least, in very easy circumstances; we see, in this colony, several valuable possessions of his; and we behold, at one of his houses, a store from which is retailed valuable merchandise. The defendant, gentlemen, I am instructed to say, is verging towards the decline of life; to have arrived at those years, when the hey-day of the blood might well be expected to have gone by, and that, while he preached morality, he would find no constitutional impediment to prevent his practising it. I am persuaded, gentlemen, that, if a cause of the present nature had been brought before you, in which the defendant had been a young unmarried man, you would have made some allowance for the infatuation of his youthful passions; but when, as in the present instance, we find experienced age; the well-informed man; the promulger of that divine law, which denounces everlasting punishment to the adulterer, is brought before you, charged, although a married man, with this offence, I feel I must, indeed, commit an act of injustice to you all, if I did not declare, that, in such a case, I am convinced your feeling's cannot be otherwise than aroused to visit such a criminal with your vengeance.
"My instructions suggest to me more than I will utter; yet, I must confess, that I have been struck with the sacred profession of the defendant, and the pertinacity with which it appears he committed the offence against my client, for which you are now called upon to award him the only remuneration the law allows; I cannot refrain from asserting my belief, that the defendant's feelings must have been strangely perverted; he, doubtless, made his full calculation upon his outward profession, and his inward inclinations, and, I believe, I do him no more than justice, when I put into his mouth, and suppose by him uttered in his private moments, the expression used by an arch hypocrite of former days:
"I sigh, and with a piece of scripture,
Tell them God bids us do good for evil:
And thus I clothe my naked villany
With odds and ends stol'n forth of Holy Writ;
And seem a saint, when most I play the devil.
"I regret, very much regret, gentlemen of the jury, I am thus obliged as a faithful advocate before you; but I have still another feature to disclose, and here I must declare, that it has astonished me more than I shall attempt to describe. I alluded before, gentlemen, to the circumstance of the defendant's being a married man. Yes! he has a wife living in Freetown, whom (from fear she should take a right from his substance) he has turned out upon the world! to the generosity—the kindness—of the stranger! surely we may infer that he may be left at home with more ample means to gratify his passions. He has also no children; this I am sorry for on his account; surely he would have paused before he would have offered them such an example; before he would systematically set about the seduction of a woman, surrounded even by her grand-children.
"I turn now to my client; but, indeed, I have little more to add respecting him. He is poor, because he has many claims on his industry; his wife has born him several children; and some of these children are grown up, and married, and in their turn have children; the connexion between the plaintiff and his wife has therefore been of long standing, in fact on their entrance into life they became attached to each other. The connexion was not for several years sanctioned by the rites of our religion, but it was not less a marriage; the assent of the heart was complete, and it has been sanctioned by what the parties thought binding; further ceremony could only add more publicity to the engagement. Yet after many years mutual intercourse, they resolved to give that intercourse every tie, and were consequently legally married according to the rites of the Church of England. I mention these particulars because I apprehend my learned friend will set about pulling their family history to pieces, and endeavour to shew that my client and his wife might have had some little family jars; be it so, gentlemen, let him make the endeavour: I will tell him that their jars are the pleasures of the married life; they are the tornadoes of the marriage state, which clear away the mists and fogs, that, alas, will at times intrude themselves, to make the succeeding calm more susceptible of enjoyments; I warn you I speak by experience; and my learned friend Samo, on this sacred subject, can offer nothing but theory; think, gentlemen, how dearly they must have valued each other, when after a lapse of many years—after all their little storms of life—they yet resolve to make their union indissoluble, by adding thereto the celebration of those rites of our church, which has for its maxim 'that those whom God has thus joined together no man shall put asunder.'
"Contrast this with the conduct of the defendant, his own wife an exile from his bed and board, for no cause, except the lordly will of the defendant. A woman, against whom scandal has not yet dared to whisper; still, (although she has suffered much from the violent conduct of her husband) still, I say, striking for personal attractions and accomplishments; and is avowedly of an unspotted character. Let the defendant, therefore, but attempt to pry further than he has done into the private habits of my client, as regards his wife, and I shall not hesitate still further to tear down the beautiful appearance of adopted sanctity, simplicity, and innocence of deportment, with which he has hedged himself round.
"My client had been often led to believe that all was not right between his wife and the defendant, even before the time of the criminal conversation now prosecuted for. I am aware that my learned friend may allege that:—
"Trifles light as air,
Are to the jealous confirmation strong
As proof of holy writ;