The cause of Heaviside against Lardner, for criminal conversation,. came

on for trial at Lewes Assizes, on Friday last, before Mr. Baron Gurney and a Special Jury. The case had excited great interest, not only in the neighbourhoed, but in all literary and fashionable circles, owing to the celebrity of Dr. Ladner as a inan of science, and the rank of life of the plaintiff. According. to the statement of counsel for the plaintiff, Heaviside is the son of a gentleman of considerable property, in Peterborough : lie met with Miss Mary Spicer, his cousin, at her lather s residence in Outreau, near Boulogne ; and an attachment being farmed between the two, they were married in 1824. Captain Heaviside made Captain a settlement of 20,0004 upon his wife ; the dividends to be paid to linn during his life, then to her after his death, and in case of there being no children, or in the event of their not beiug of age, she was to be entelei absolutely to the whole of the reversioaary iuterest. She was liken ISO entitled to the reversion of 13,000a upon the death of her father. Shortly after their marriage they went on the Continent ; and about tcu

as ago went to reside in Brunswick Square, Brighton, where they. Tea an establishment, and moved in the first circles of !Id sireDlireptanudP Mrs. Heaviside had three children, two girls and a

-ey;t-th'e eldest girl was fourteen years of age, the second thirteen, and the lAY six years old. The plaintiff was a fond father and a loving husband. His home appeared to be the whole world to him; and during the hee y ars he had resided at Brighton, he had upon one occasion onlynaIllol;. .Ied his wife to go into society without him. Mrs. Heaviside

3 never betraed the slightest levity of conduct, but always appeared to be strongly attached to her children. In an evil hour the defendant obtainted an introduction to the plaintiff, and was received as a visiter at his house. There was nothing in his conduct, his age, or his appearance, to induce the suspicion that he was a dangerous visiter. Captai9 Heaviside was in the habit of attending to his Magisterial duties at the Townhall, and he was also one of the Directors of the Brighton Railway. f f .fluxing his absence from ' home the defendant had the opportunity of visiting Mrs. Heaviside ; but so ml uch caution was observed that the attendants and those constantly about the misguided lady were unable to discover that any familiarity existed between them.

Heaviside left Brighton on the 11th Of March, and came to Lon

!oDo. ; and on the lath of the same month Mrs. Heaviside quitted home, ^o t an early hoar in the morning,—stating that she was going on a visit "t Mrs. Greville. She did not return at the usual hour to luncheon, nor bad she given any directions about the dinner ; which excited some alarm among her domestics ; and in the afternoon the suspicions of one of the servants were aroused, by observing that every thing was removed from the toilet of her bed-room. The servant communicated her suspicions to the butler, who went to Mrs. Grevilles, and ascertained that Mrs. Heaviside had not been there. The butler, upon this, immediately proceeded towards London, to make his master acquainted with the circumstances ; but he crossed the plaintiff on the road, the latter being on his return to Brighton. When the plaintiff heard of the debasement of his wife, he became insensible, and only awoke front his stupor to endure greater agony and suffering-. He was stunned with the intelligence ; and for some time he continued dangerously ill. The guilty plows in the mean time, had proceeded to the Adelaide Hotel, at London Bridge ; where they remained during that night, occupying but one sleeping-apartment ; and the next morning they proceeded by steam to Ostend, and front thence to Dunkirk, where all trace was lost of them. It was subsequently discovered that they were living at the Rue Tronchet, at Paris, as man and wife. In the month of April, when The plaintiff first received intelligence of his wife, he proceeded, with Colonel Spicer, to Boulogne ; and upon entering the Rue Tronchet, he found her and the defendant at breakfast together. Stung with indignation and horror, the plaintiff, in the first impulse of his disgust, inflicted a well-merited chastisement upon the defendant.

At Paris a most extraordinary discovery was made. In the desk of Mrs. Heaviside, the drafts of the two letters sent by her to her father and her husband were discovered ; and they actually bore several corrections in the defendant's own handwriting. The following are extracts from the letter to Captain Heaviside, dated Sunday, March 15th ; describing the progress of her criminal attachment to Dr. Imrdner " You have observed the continued indisposition front which I ha've suffered so many weeks past, and which I have allowed you to suppose proceeded from bodily illness. My sufferings, however, were of a different nature, and arose from a difirent cause. They originated in the mind and in the heart. " Among the persons introduced to our acquaintance within the last few mouths, was one, who, tmfortunately for me, produced such an impresoion upon my heart, as I flolt could never be effeeed. In the first period of our acquaintance, I flattered myself that the sentiments he inspired were those of friendship merely; and I indulged in his society with unguarded, and as the event proved, most imprudent freedom. As this, however, was no more than ass done by other ladies, by whom his acquaintance and conversation were eagerly sought, rind as I never before had reason to distrust myself; I proceeded unapprehensive of consequences. "lie departed front Brighton, and the effects of his absence convinced me for the first time of the real tate of my heart, and I soon felt that my peace of mind was irretrievably lost. lie had never presumed to tell me tlua I was to him an object of affection. 11 is manner and language were, on the contrary, most deferential and respectful. I had seen, however, indications of' his feelings towards me, more convincing and unequivocal than any which mere words could convey. In short, without any express communiefttion on the subject, our feelings became inutandly known ; we felt that every dictate of duty suggested immediate separation and absence. Separation and absence were accordingly tried, and continued until I was driven well nigh to madness." The writer goes on to describe her struggles with the new passion : separation and absence were tried; she struggled " to assame nilapparent cheerfulness during the brief and distant intervals" which Captain Heaviside passed with her ; but withont avail. No alternative seemed leftbut self-destruction, or withdrawal from her home

" I therefore, after viewing my situation and examining my heart, determined to abandon a position which I could not conscientiously. maintain ; and I did accordingly, on Friday last, deliberately find advisedly, and not in it moment of excitement, or under any stclilon impu!,e of f.clina les re my 'mese, and place myself in the hands 01 hint to whom my affectints had been surrendered.

" Need I assure yon that, up to the hour I quitted your door, I was never guilty ofany act injurious to your honour or incompatible with the vows I had made you. What I have done I have done openly, and have not added the mesneess of falsehood and deception to the sin of infidelity. While by this formal confession I place in your hands the power of releasing yoorself from the tie which binds me to you, and of preserving the rights of our children from the possible consequences of any act, I am prompted as much by thou tugs as by ditty to declare, most unequivocally, that what I have clone has not been caused by any absence of kindness ant affection on your part ; that, on the (minima., from the day of our marriage to the day of toy departure from you you have teen most kind, most tender, and most affectionate ; and I am deeply sensible that you have deserved a very different return from any that it has been in my pourer to make.

" As I believe and trust that my own conduct, as well as that of the person to whom I am now united, has been, up to the hour of my separation front y pan as to afford no grounds for object ion and suspicion, you cannot, I presume, have any means of knowing who that person is: it is necessary, therefore, that I should inform you that it is Dr. Lankier.

" Neither lie nor myself desire to offer any extennation, much less defence, of our conduct. We feel it, however, to be only justice to ourselves to say, that we are prepared to suffer all the evils attendant upon a total change in Pecuniary circumstances as the inevitable consequence of the step we have taken. I have come to him destitute of any means of support, and bringing

nothing with me but the few articles of dress I had upon my person. He has surrendered a large income which he has for many years enjoyed, arising from his professional labour : banished, as he must be, to a foreign country, damaged in character by the very measure which gives me to him, removed from all those connexions on which the profitable occupation of his time has hitherto depended, he is at this moment uncertain where or how he may obtains even that very small income which will suffice to supply our most moderate wants and wishes. Not foreseeing an exigency like the present, he has not realized any considerable amount of property—nothing, in fact, which CAR materially aid us in our present position." The letter from Mrs. Heaviside to her father was in answer to a letter she had received from him entreating her to return to her family. Her father, it appears, had also hinted in his letter, that in case Captain Heaviside procured a divorce, a clause would be introduced to prevent her from marrying Dr. Lardner. Mrs. Heaviside, after expressing her determination to continue with Dr. Lardner, proceeds to be her father to use his influence to prevent Hie introduction of a clause in the divorce.bili such as he had threatened " You say that a special clause will be introduced into the act of divorce to prevent mv marriage,: you muot in common with every well-intbrmed person, be aware that such a prohibition is not customary ; and, if it were introduced in this case, it must be done On some special grounds, or through the exercise of some special influence. No special grounds exist for such a prohibition ; and if any sinister influence should be exerted to deprive flue of the means of' rectifying my position), and receiving at the altar the vows of him for whose sake I have made so terrible a sacrifice, I have no refuge, except in the consolation arising from the reflection that the state in which he and I will be compelled to live is one which we should use every means in our power to avoid. We feel that we are already as strongly bound to each other by every tie for which we entertain respect as any marriage could make us, and we look forward to that ceremony hereafter. It is not for the sake of ourselves, but with a view to the opinion of the world, and to the interests of those to whom we may give birth. It is therefore with those feelings that I trust and hope you will yourself rifler more serious and deliberate consideration than you have been able to bestow on this painful subject, use your influence to prevent any such unusual and mischievous restriction us that to whirl!, you refer. As to my marriage.settlement, to which you advert, I am quite content to leave it Lind all other interests of a like kind at your absolute discretion. When we took this step, our e.yes were fully opette.1 to the disastrous consequences which must attend it, so tar as property aod income were concerned. I surrendered, as you know, a position of alll IC :'nee, and sacrificed the enjoyment of a considerable fortune. Ile is well known to have been for many years in ihe possession of a professional immune amounting to several thousands a year. Being unencumbered with family, and feeling assured that whenever he was disposed to marry he might always expect att accession of fortune, he did not provide by saving for a contingency like the present. The consequence has been, that in uniting himself with me, and consequently withdrawing himself from the place where alone he could exercise his professional labour, he has surrendered) nearly his whole income; that which he can now expect scarcely amounting to what will he sufficient to obtain for us, even on the most moderate scale, the requisites of liFe. Short as the period is which hats elapsed since Site step which we have taken has become known, he has been already made to feel its consequences. "You will Feel, I am sure, how motel and 'unnecessary any proceediugs will be whiell can tend to aggravate the difficulties of my position."

A letter was also produced from Dr. Lordlier to Mr. Divett, the Member for Exeter, purporting to he written at the instance of Mrs. Heaviside, and requestire. Mr. Divett " to urge her husband to pursue with all possible expedition the steps necessary for the dissolution of their marriage." This letter is dated the lath of' March, the day after Mrs. Heaviside left her home. It contains the following curious passage " It is, I hope, needless for me to say that 1 impute no part of her conduct to impurity of mind, or to any quality which renders a union with her less desirable to me than it would he were she now un unmarried woman, with a reputation flue most unsullied. Whenever she shall he cophlde of contracting marTiage, I shall he most prima and happy to make her my wife ; and until them she shall be clieri,11..11 by me with as much tenderness, and treated with as scrupulous repeal, as ir the word which unites us had all the sanction and force of marriage."

Mr. Thesigor, after reading the letters and stating the ease, Raid he thought he was justified in asserting, that the defendant's object had been to obtain the 20.nteg. and the 1:3,000/. to which the plaintiff's wife alight become oath let. The damages were laid at luu,0001. ; and though that would not be the least compensation to the plaintiff for the injury he bad suffered, tile Jury worth!, by giving that amonnt, prevent the defendant from reaping all the g,oldea advantages he expected front tlds speculation.

'Witnesses were calbal to prove the fact of the elopement, and that Captain and Mrs. I learb.ide had, previously to the introduction of Dr. Lardner to the family, been living very happily. The chief points of the defence were--the sudienness of the elopement, the Doctor not having been intredeeed to the family until three months before, and havi»g only been to Captain Ileaviside's house ten or twelve times ; the mature age of the lady ; mud a remark in Mrs. Jleaviside's letter, respecting her loishand's frequent absence on lousiness. Before returning their verdict, the 3 ttry asked, whether Mrs. Heaviside would be able to leave any of the re vcr.sionary interest of the 20,00o/., after Captain Heaviside's death, to any future children which she might have ? Mr. Baron Gurney said, that if the present children died, she would have the sole control of the money. The Jury put another question, as to Dr. ',artifice's being obliged to surrender the

interest he may acquire in the should be take the benefit of the Insolvent Debtors Act ; but the .1 udga told them, that they had nothing to do with that. The Jury liar ltg retired for about half an hour, returned a verdict for the pintintir, with s,000/. aainages.

A hotter from Mr. E. arslalie (whir seems to be the defimtlant's attorney) to Dr. Lardner, has -nnund its way into the papers. It is dated April 6th,, and directed to the Doctor at Paris. It begios thus " My dear Sir-1 duly received your letter of the :30t11 ult., and will now in the first plate. reply to your questions. Wit h respect to the 20,0301., I cons:der that, note it list :indite; the of 'Ii taken, mid her consequently marrying you, shn will be etititled t ) her life-luterest in this sura in the event of her surviving Captain ii. As you have st,ited the (1112stion ai to the 13.000/., I consider that if Mrs. IL survived her father, mother, and Catdoiii IL, she would be entitled to this slum; but that if her Either and mother were Cu time in the lifetime of Captain 11. and Mrs. II, without briny divorced, then that Captain 11. would be entitled. I think it most probable. however, that this stun of 1:3,000/. was settled on the marriage of Caotaia II. and Mrs. II.: and if so. the chances are that Captain 11.11a3 the first lif2•estate, then Mrs. II. at life-estate, and on the death of the survivor, tlrat the property will g.) to the chub Iron. In all cases of divorce on the application of the husband, Parliament requires the husband to make some provision for the wife ; but what that provision may be depends altogether on the circumstances of each case and the fortune ot the husband; and there is no settled rule; and therefore it is generally a matter of treaty between the agents on both sides; and if they cannot agree, Mr. Gordon settles it."

The writer then mentions an interview which he had procured with Captain Heaviside's attorney, for the purpose of " imparting" to him " as much as I thought right, with reference to your first instructions to me " : the hostile lawyer was told, that the action would not be defended. Mr. Karslake's letter concludes thus— in the Lords and Commons a sentence of divorce in the Ecclesiastical Court, and the judgment at law tar damages, must be proved ; and the actual payment of the damages is sometimes required to be proved. I collected that the other side are aware that you are now in Paris. We shall not be able to procure you any advance on the Shepherd's Bush property without possessing the original deeds to produce to the lender, and, to be bandul over to him on the loan being advanced."