Dunning on the previous day had purchased an almanac, removed the sheets containing among others the month and those preceding and following it, and had had the calendar reprinted, altering the moons so that there might be none on the night in question.
This was considered at the time a clever and sharp bit of practice of Mr. Dunning; it occurred to no one that it was immoral.
This story rests entirely on tradition, but the tradition lived both at Lew Trenchard and at Ashburton. I have been unable to find any record in the Assize Rolls, but then I do not know whether the murder took place in Devon, as the tale goes, or elsewhere, so that I cannot be sure that the trial took place in Exeter, or perhaps at Bath.
Dunning lent Edward Gould large sums. These were repaid every now and then by his mother, but they amounted to so great a sum, all the estates about Ashburton, Widdecombe, Holne, and Staverton being mortgaged, that finally Dunning foreclosed and secured all. Edward Gould retired to end his days in lodgings in Shaldon.
Lew Trenchard would have been lost like the rest had not Edward Gould’s mother secured it by a lease of ninety-nine years.
Dunning had already made his mark before this came on to enhance his fame as an astute lawyer, if the story be true. He had made it in this way:—
After the French had been driven from their settlements in Hindustan, the Dutch East India Company, jealous of the advanced power of their English rivals, addressed a remonstrance against the violation of their privileges as neutrals, alleging sundry acts of interruption of their trade that they held to be unjustifiable. This was presented to Lord Bute, then Prime Minister, and he called on the English company to reply. The drawing up of the counter memorial was confided to John Dunning as a subtle, shrewd, and not scrupulous pleader. It succeeded, and he was rewarded with a fee of five hundred guineas. Seven years had now passed since Dunning’s call to the Bar, and five of these had been years of famine. In 1766 he became Recorder of Bristol, and in 1767 was appointed Solicitor-General. In 1768 he was elected member for Calne, and his entry into Parliament was hailed as a great gain to the Whig party.
“Among the new accessions to the House of Commons at this juncture,” writes Lord Mahon, “by far the most eminent in ability was John Dunning.... He was a man both of quick parts and strong passions; in his politics a zealous Whig. As an orator, none ever laboured under greater disadvantages of voice and manner; but those disadvantages were most successfully retrieved by his wondrous power of reasoning, his keen invective, and his ready wit. At the trial of the Duchess of Kingston for bigamy, when he appeared as counsel against her Grace, Hannah More, who was present, thus describes him: ‘His manner is insufferably bad, coughing and spitting at every word, but his sense and expression pointed to the last degree. He made her Grace shed bitter tears.’”
The case of the Duchess came on upon 17 April, 1776, in Westminster Hall, and lasted five days. As a girl she had been married in a frolic at night in a ruined church; but the Spiritual Court had decreed that this was no proper marriage.