[defamation – adultery – criminal conversation – damages for defamation – married women's legal rights]

JJohn William Lewin v. George Thompson

Court of Civil Jurisdiction

Dore J.A., 4 and 30 November 1799, 3 February 1800

Source: Court of Civil Jurisdiction Proceedings, 1788-1814, State Records N.S.W 2/8150[1]

  Witness called over and severally ordered out of Court.

The Revd. Mr. Johnson solicited the Court to permit him to be the advocate of the Plaintiff, which being complied with Mr Johnson read a written Paper stating the Causes of Action and the Circumstances attending it

Vid Paper amend marked (No. 1A)

The original Deposition of Maria otherwise Mariner Lewin had after which the Defendant called.

Elizabeth Grome who being duly sworn was examined by the Defendant as follows.

Answer… whilst we were off to the North Island about 11 or 12 at night.   I saw Mrs Lewin standing at Mr Nations [?] Cabin Door whilst a strange ship was in sight the supposed to be an [?]. I pushed Mr. Lewin and proceeded to the door.   Mr Lewin threshed Mr. Thm so doing I shared to Mr. Lewin that he was on board a ship and did not know what People might say as it was an unreasonable hour of the night.

Q…. Did not Mr. Lewin complain to you of not liking Mr. Lewin as he was impotent.

A… Some little private Conversation took place by which I understood Mr Lewin was deficient

Q… Did you not say to Mr Rennie then he saw Mr Law and leaning on making on his Bed

A… No.

Question by the Plaintiff [?] the Revd.   W Johnson

Was not Mrs. Lewin very civil to you on the Passage?

And… Mutual Services were finding

Q… Has not Mrs Lewin accused you of liaising Report injurious to shoot he is Reputation?

A… Yes he has and has accused me very wrongfully

Q… Did you ever see or know anything improper in Mrs Lewins Conduct

A… No.

Grome called by the Deft and duly sworn

Question by the Deft.

            Did you ever see any Familiarity between Mrs Lewis and Mr Machin

Ans… Nothing Criminal

Q… Do you ever recollect Mrs Lewin coming round from her own Cabin and going into Mr. Machin in the Middle Watch?

A… No.

Q… Do you ever recollect that the Bulk Head between Mrs Lewins Cabin and Captn   Calledins being broke this and the locker cut

A… You have told me so yourself, but I have never saw it.

Q… Do you recollect mind calling you in to nail up the locker where Mr Hobby's tobacco stood

A… I was not called in for that purpose

Question by the Plaintiff to the Revd. W Johnson

            Did you ever do anything improper in Mrs Lewins Conduct

Ans.. Never

Rachel Moores called by the Defendant and being duly Sworn

Question Have not Mr. Machin and Mrs Lewin visited your house several times drinking Tea

Ans… Yes

Q…Did you look see any familiarity between them at Your House

A… Never

Q…Did Mr Machin buy two Gold Pieces for Mrs. Lewin

A… Mr. Machin paid me for two Gold pieces – Mr. Lewin had them afterwards.

Question by the Plf (Ths Mr. Johnson)

Did you ever see anything in Mrs Lewins Conduct improper

Answer – Never

Now the Defendant called on the Judge Advocate to produce three affidavits left in his possession – to the reading of which Mr. Johnson objected on the grounds of their being that kind of Evidence not admissible in Law (vide Capon amend marked No. 5 (B)

The Court said on the Question.

Bring be opened the Court dignified to Mr Johnson that his objection was announced whereupon the affidavits were had vide Capus annexed                  No. 2.   A

                                                                                                     No. 2.   B

                                                                                                     No. 2.   C

Lieutn Thomas Hobby of the New South Wales Corps being called by the Deft and duly sworn –

Question… Do you recollect at Rio de Janerio that Mr Machin had a quarrel with Mrs Lewin one evening about him going on shore with Captn Callinder

Ans… Yes – I think I do

Q… Do you recollect the words that passed between them

A… No

Q… Do you recollect Mr Machin expressing   [?] with being on shore with Captn Callinder at a great many of the   brothels in Rio de Janeiro

A… I did not hear Mr Machin do so, but I know it was a current Report about the Ship.

Q… Did you hear any improper Conversation between Capt Callender and Mrs Lewin

A. … I have heard   Captn Callender speak to you out of his [?] whilst this was in hers

Question by the Plaintiff thro Mr Johnson

            Did you ever see any thing improper in Mrs. Lewins Conduct

A… I never saw any thing Criminal but after thought her conduct very improper in a married woman

Q… Did you see her drink or do you think she is fond of liquor

A… I never saw her drunk

Q….Do you know who raised Reports injurious to her Reputation

A… I remember Mr Raven calling me into the Cabin and saying she had seen Mrs Lewin go out of Captn Callenders Cabin a Bed gown at a very early hour … at day break in the morning  

Q… Did not the Defendant express himself to this effect when called in by Mrs. Raven.

A… Yes.

The Defendant declared that he had no more witnesses to call whereupon the Revd Mr Johnson proceeded to call his Evidence on behalf of the Plaintiff and

Mr Golder, being duly sworn was interrogated as follows,

Q… Do you recollect passing Mr Ravens House in the Month of August last in Company with Mr Leith, Michan , Rhodes and Aitken.

Ans.. Yes.

Q… Did not Mr Leith go up to the House and [?] again to you and the others

A… Yes

Q… Was the Door open or shut

A… Open

Q… Do you conceive under all the circumstances that it was practicable for Mrs Lewin and Mr Michin to have had any Conversation together at that time

A… I think it impossible

Q… What do you think of Archibald Jackson now on board the reliance

A… A man of good Character

Question by the Defendant

Do you recollect whether Mr Leith and Mr Michan went into Captain Ravens House together

Ans.. Yes they did

Question.. Do you recollect where Mr Michan came down the steps after Mr Leith or [?] the lanes

A… Immediately behind Mr Leith at the front Door

Mr Hugh Michan being duly sworn

Question by the Pltf/ thro Mr Johnson

Have you not heard the Deft say he has seen Mrs Lewin come out if Captn Callendar's Cabin half naked

A… Frequently

Q…And at another time that she was sitting on Captn Callenders Bed and drawing on her Stockings .

A… I had heard him say so frequently

Q… When did he say so.

A… On board the ship first   - afterwards in Captain Raven's House when he added he would prove her a whore before a dozen witnesses .

Q… What is your Opinion of Captn Callendar as a Gentleman and a Man of Honor.

A… I have always seen him a remarkably sober quiet man, and in appearance much of a Gentleman

Q… [?] have you not heard that William Fragin was once threatened to be flogged if he did not say such and such things of Mrs Lewin.

A… He told me so himself that he was threatened by Ginger Thompson and Mrs Raven and was in fear of his life

Q… What is your opinion of Dusky   [a nick name] and the other

A. … that Dusky is a great Rascal (a Prisoner) and the other is so ignorant as not to understand the nature of an oath.

Q…Pray do you not think those three lads were under the influence of Mrs Raven

A… They certainly were

Question by the Court

            Was Fragin dependent on Captn Raven in his Circumstances

A… He was

        Elizabeth Bean called, but did not appear Archibald Jackson , duly sworn.

Question.. by the Plf /thro Mr Johnson

                 Have you not heard the Defend abuses Mrs Lewin

A…Yes I have

Question. Were you not once beat and threatened to be flogged for blaming Mrs Lewin.

A… I was

Q… Have you not heard the Deft say Mrs Lewin was a whore to Captn Callender

A… I have

Q… Have not some means been used to persuade you to give evidence agns Mrs Lewin contrary to your knowledge and Convenience

A…No

Q… What do you conceive was the Reason of you being confined for some time in the Gaol

A… On act of my being subpoenaed for Mrs   Lewin – I can give no other Reason but I could do the Deft no good.

Q… What is your opinion and what do you conceive to be the general opinion of the ships as to Mrs Lewin

A… I never saw any thing improper in her Conduct

Q… What do you Conceive of the Report now spread,

A… Matter of Spite

Thomas Jones – duly sworn

Question by the Plaintiff   tho' Mr Johnson

            What do you conceive of the Defts Behaviour to Mrs Lewin at the time she was in Captn Raven's House

A… He used a great deal of gross language

Q… Did you ever see Mr Michan take any improper liberties with her

A… No

Robert Courter – being duly sworn

Question by the Plff thro' Mr Johnson

            Have you not frequently heard the Deft abuse Mrs Lewin

Ans… I have

Q… Do you not recollect the Deft saying he saw Mr Machin and Mrs Lewin Criminally connected on the steps of Captain Raven's Door.

A… No I cannot say I have

Q… Did not Mrs Lewin tell you to devise Mr Michan to refrain from coming to Captn Raven's House.

A… Yes

Q… Did you acquaint Mr Michan accordingly

A… Yes, I did

Q… What followed

A… I never saw him there afterwards

Q… Did not Mr Raven seem angry with Mrs Lewin for forbidding Mr Michan

Answer… I cannot say

Q… What is your opinion of the Deft did he not once [?] your aim        

A…Yes. I was meant [?] to be flogged for it    

Q… He was saved from Punishment by the Intrusion of Mrs Raven

A… It was

Q… What was Mrs Lewins Conduct in Captn Ravens house

A… I never saw any harm of her from the beginning of the voyage to the end

William Burnett duly sworn

Question by the Plff thro's Mr Johnson

            What is your opinion of Mrs Lewin's conduct on board the       Buffalo [?]

A… I never saw anything but the strictest Proprietary

Q… You never saw any thing in her conduct unbecoming as modest women

A…Never

Q… Did you not once see Captn Raven beat the Deft and turn him out of the Cabin on Mr Lewins Account

A..I heard of it

Q… Speak of the treatment Mrs Lewin met with on Board

A… A good deal of neglect on the part of Captain Raven

Elizabeth Bean duly sworn

Question by the Plff thro Mr Johnson

            Did you not attend on Mr Lewin on board the Buffalo

A… Yes

Q.. During that time did you ever see any thing imprudent or unbecoming in her conduct

A… Never

Q… Did you ever see Mrs Lewin, or Captn Callinder or Mr Michan take, any improper liberties.

A… Never

Q… Have you ever heard the Deft threaten, or abuse Mrs Lewin

A… I have heard him threaten , and speak abusive language to her

Q… Was not Mrs Lewin always attentive to Mrs Raven

A… Yes

Q… You generally used to shut the Door after you left Mrs Lewin in her Cabin

A… Yes

Francis Wheeler, duly sworn

Question by the Plf thro' Mr Johnson

            Restate to the Court what you have heard respecting a Locket of Hair and of Mrs Lewin being a Kitchen maid and kept mistress

Ans… Mr Grome said he supposed he had been something of that lot

Q… What do you think of Mrs Lewins conduct on board the ship

A… Very prudent always   - she is not well treated by Mrs Raven

            The Provost Marshall Reported that Mrs Rachel Moore expressed himself sorry she had forgot in her Evidence to inform the Court that Mr Michan had been paid for the Gown – Pieces by Mrs Lewin

The Evidence on both sides being Closed, the Revd W Johnson again addressed the Court from a written paper amend and marked No 1 ( C )

          The Court closes to deliberate and being re-opened Found a verdict for the Plaintiff

                                                ₤30 Damages and Costs of Suit

At three O'Clock the Court adjourned to 10 tomorrow Morning.

Note

[1] See Bruce Kercher, Debt, Seduction and Other Disasters: The Birth of Civil Law in New South Wales (1996) 74, 82, 99-100, 120.