1 . V
VOLUME II.
NEWBERN, N.' C. ..SlTtilibA. I 24, .1819.'
NUMBER. 70. ''
MSA. SVTIfSL IS PUBLISHED
: ' WEEKLY BY- ,-v '-7 '
At T;iaRS Ooll vis per annum, one
niieri until all
jrr; tr -??are pud up, except at tiie ?p
Ar s a riS3;j s rs s nssVted sit 50 cents
0 ,r .rire the'Jirt vaekanl 25 .cent a
ii f irft tr.eac!i is.icee insertion. -
CD!,1? rt?j )T? u
I.
p ; vj Kerr. -Tnisltras an ae-t?-,h
h-t -ir at .the ..;!a.yiVsVr' Jre-
I-.,-!, iA .April,-., aamsr sne OfeJeaJ iMt, i
C t:;t. Kerr, tor cniii-vu- 'Cjversatioa
v 1 iJ'sHe: . Tiie 'daaiis-ivre
li I ..it t?;itv tUonn:! piai-U' Mr.! vjv.
en ope'ieJitho v?iat;v AIr; Philips
;it?.i t'li ;ili;'tiu V;asi ia the folla.vi
c'i'pt i spc'i : '. 5
IU :.ord,and you, geitlm n of thn jury,
Y ra h tve 'already heard .the n 1-
turi Ot tnis action, and upon me de- ! 1
vo vcstne serious auty ot st.itinop
the drjamstances in which it has o-1 J-r. Mitchell of the; anill, ry; and
ri-'mated.. vVeU; indeed m v - vl-i ,n ried her. She. .vas bf the. :.e
culit-a.&erious'duty,; whether as it 15. J 'he of four md twenty : nev
'nfrvts ths individual concemed. or ; er wis ihere a union of mire dlsiiii
the community at 1 irq;e. ft is not
"merely tle cause of my clieat, butv
thar of society, whi-h you are aho it'.
to try 'it.Uyoiv own question, an 1 1
that oi" your dearest interests; itis
to jci.le -vhetfier. there is aiv tnor-J
al obl-ijfvtion to he respected, any re-
7 - T
jiirus ordinance to be observed, a
ny. social communion t be
ed ; It is,; whether all the
cherish-
svmD i-
thies nf nnr ntitnrf nnr! rll rh i h
ries ourliite'.areto be but. the con-
dition cf a capneious romp tct,
vv-hicri a demoralized banditti may
dissolve, just as it suits Ou-ir pleas-
tm-or their appetite Gentlem m.
li
Sibeen tke lot of niy limited ex-
peri nce, to have, known somithin
c; uc IVw cases which Iive been
fnisp'-d by our enemies as the pre
text for our depreciation ; and I can
safe'v say, that ih?re was scarcely
ow which; ..when comnared to this.
. -v - - . I
did not shrink into- insignificance.
Th-y had all somr redeeming quali-,
ty about them ; some casual and mo-.;
in ntary fttq aairitance ; some taint
cf conjugal infidelity ; som suspi
cion of "conjhg X connivance ; some
u ipremditated lapseof some you.h
f ;i im ulse, if not to justify, at least ,'
to ap '.logize or to palliate. But in
tne case before, you, tne friendship
i- mt sudden, but hereditary ; the
cufFrrer is "altogether spotless ; the
connivance is n unsuspectrng hospi
t:!ity ; S so far from having youth
to rnitig ite,
the criminal is 0T1 the
Very vc ge of
existence, forcing a
reluctant nature into lust, oy tne
mere dint of artificial stimulants, &
smuggling to elicit a joyless flime
from not even the embers, but the
cshes of expiring sensuality. y One
circu-T,sta,nce ; one solitary circum
stance can fited for consolation ; St
that is, that nb hireling defamer can
in -ike this the cause of apcosati' n a
C3inst our country : an Irishman in
'deed has been the victim, and this
htid h is hern the scene of the pol
lution, but here we stop : i s perpe
ta'crs, thank Heaven, are of dist mt
Jineage ; the wind of Ireland has
r.ot rocked their infancy : they have
imported their crimes as an experi
ment on our people ; meant perhaps
t try how far vice may outnin civi
I'zuion phow far our calumni itbrs
in.v- have the s ttehtaup of Irish
fathers, and of IrishrnusbaiT Is, to
the natiorial depravity. You will tell
th m thev arc fatally mistaken ; you
'11 tell a world incredulous to our
rnerits that the parents of Ireland
Jove th ir little children ; that h r
Matron's smile is the cheerfulness of
innocence ; that her doors ace open.
.t" every guest but infamy ; and that
eveij in tht fatal hour, when the
clujds collected and the tempest
fcfae on us, chastitv" ou spread her
spotless wings, and give the houses
h')ld virtu5 a protection. : When I
fcTis to you my " unhaopv client, I
r'me a gentleman upon whom, h-re
Vr'-'-
t ... l-t ,
I need pss no eu! gtum.
Mr. F"U2jerld only
iova by his miifoituaes to you, his j
birth, his boyhood, and up to mfn
estate, his residence, have mide him
long iamihar.
This ihis own. ftis native land.
virtues ;; he wi;l be heard in this his
:rial hour wiih a cpmmiSic;
'iVmp tth', by that m ralit o( wh.lse
iase he ii theJiadvocat-, and of
whose enemy; he is the victim. A
voungrr hrthef the' ; mpie estates
of hi fcthiiv devBftl a it upon him,
and he w is o!li.du look for com-
petence to tne-ia'j.ors jf a pr6fssKn'
UpJi ippily ror bun he chose th;: ar
my ; I say ii-ihap because, jn
.spintig hfni vyish-srspldier's chivalry
it creau-d a to geiicrou'v. cr-Mulitv
in tht Soulier's h nor, In the vcar
181 , h was qn trtered with his re
giment in the Island :of pfsy, Tind
( there he mt Miss Brcdoo ie. the
sister-ind iw of "a brother otfixf. a
tt-.rested attachments She! h d n
fortune, and he very little, indepen
dent ot his professioii. Gladly, gen-:
tlemen, would I paus-e here ; gl tdiv
wpuU I turn trom vvhat M-s.
ger il.l no' wis to what, she thyn w;al;
but i will it t th ro v a rnournfuVin
terest 'around he; , for welt I know.
tha in despite of nil her errors, th
' f)ne am int is'wh v in his i
ere
or-
TOW S SontUde, I K ttl Ul a tWiiW
of mrsery-will turn to th uig
hag thougb delusive vision, till his
teir3 -shut -.our. the' universe. He
:told m ' in!eed- that she whs I jv y ;
- but - tlf light .that 'gave, the gemfus;
ui i'i.aiii.jf( litis am tiiu. vv.;ufiiv;
I I ' . .it. .! I
i .'v e;in'Ss consists in virtue ; an ei
orient dawn that usJi rm-the te
ni-
pest ; it is as the geep andf fl?VW
ry
turf; beneath
which the earthqu1
slumbers.
In a few months my cli
ent introduced her to his tamilv Sc.
here beneath th-- roof of his! sister,
Mrs; Kirwan' for some year's they
liver! m hnnilv. You shrill hr.
W irm and hon ,rabi ; spirited and Ulend wtl1 taTlcK h,s ileclKC,V
gentle; a,m in, a ge.Aleman; and a i Kpiion go to the qrpnaA,
hristiau, it I am wrong, I can be in fant s ; cra(lle wiihjut tfmiitW
Stant V COnIiirM ; hiij. it'liam r K "- !Wiui, ui aauc Miu iu u
ou Will frive him the b-nVfit nt hu wordless. cries will, pfsxceVfefd
as well fmm (he inmates as from the f trdnSf d C?1; Fuzgcrald from h.s pa
habitual visitors, that th -re necer ! nal residLnce. j k was by mere
,o -i-nriA. ,n?;t,n. chance-while attending : the assizes
band, ana that the . attachment ap
t i i i t . l
peared to be reciprocal' Four in
fant babes, the wretch1
d" orphans of
their living parents ; doubly orphan
ed by a father .' sornws and a moth
er's shame, .-looked' up to them for
prote tion. : Poor little innocent un
heeding children1; alas ! they dream
not that a worlds scorn shall be their
sad inheritance, and misery their
handmaid from the cradle. As this
family increased, a separate estab-
lisbmnt considered n cessarv'
to n most rom mtic little cotttf j
on the estate,of his brother, and the
gift of his friendship, Mr.' Fi?zg r
ald finally rem ved his household.
Here gentlemen, in this sequester
ed residence, blest with
the
woman
whom he loved, the children ne a
dored, with a ststrr'i society, bro
ther's counsel, and a character that
t u r n e d a cq u a i n t a n c e i n t o f r i c n d s h i p ,
he enjoyed delights of which bUman
itv I fear is not all wed a perman
ence. The human mind, perhaps can
not imagine a lot of purer' or m-re I
perfect happiness. It was a scene
on which ambition in its laurelled
hour might lo ik with envy ; compar
ed with which the.vulgar glories of
the world are vanity a sp tof,such
serene and hallowed s litude, that
the heart must have been stormy
& the spirit turbidj which its charm
ed silence did nor snothe into con
tentment. Yet, even here, hell's e
missarv entered vet -even hence
the present god was ba ush jU its
streams were poisoned, and its paths
laid desolate and its blossoms,
hlooming with celestial life, were
withered int g3rhnds, for the temp
rer 1 How kh ill I describe the hero of
this triumph'? Is there language that
has words of fire to pafch whate'er
th.. y light on ? Is there a phrase so
potently calaraitnus that its. kind-
uess freeseW and it blessings curse ? j
V s But no i. oU'Jh-tSce ixtL vW ihe pencil with'; a tint Klacic,
; my poor client; ihr.-'fe- f imafch ta !. them iustice..HU first
injr (icart rie.tivuics h,7 a uci-j . j vixrio vasianas was in
f g 4 to ht-
s dead 'JiaiJser-s spiij ih n4--blrd
Spirit of that-vJ?il y
with j his character ; pr, hear froitj
ine ppor auu impoieni -narratjoiJt.
his practices ; htar how a fir
nr- mtirtierea to; nuence y; nqpsH
g'e.s he yiol Ued hspjttiity
a a soldier he eiiibraceh'pb3w
how as a man he rushedt) ih? tii
ptrationt tiot merel:v n'Va, lyf(
out an unnatu ul
enioymnr. uvea.
eve
Jiuman bliss, and holy ,sa.i.
, and tbcii sav whether iVj nMn
ment
mortal tongue to epitomise -tiir.H'
practices iutj' f ? char Jit tr n ti c v
het ! He is, you know," gentle mi
sn olfijer of dragoons, arid altu?
twenty years ago was in that capa4i
ty quartered in this country. Hii bir
tionl and the Jialjirual h snital!tfoi
Ireland 'to the military, rendered fui .
s o ; i e t y J.umvc rsall v. sou c He d . ,J ir
was in every house, aud wtlcjiir
ey eryj fcwhere--.o;K was.; . theii":
boai d; ;more uhtifuiiy tsprehj
him, 6r.anv couvtesy jmrire wSrly
e xl e h d e d , th.an t hat which h eVect4
ed fr m the f iThalVat OaklaridsrCid
.Mr FitsgeraldiViwas th n master of
.its 'hereditary . mansion j his . tldU
son just verging upon manhood, iftd
my client but a school bov. The ac
q iaintance gradually grew into imi
macy,( the Jntimacv liriened Into
friendship, and the day that saw ihe
regiment depart, iwas to ihisi gener
ous host a day of grief iand tribula
tion. -Year affer year of- sepafa' i
followed. Capr, 'Kerr escaped tne
vicissitudes of climate; nnd fatof
! warfare ;and whin after a Jediouj
interval, thet chances of se t vi cesfi
oi rrr -bcis. r rijioJieX Jouna in IX
timc.h ;d not beeri indolent. His an-
I cient friend was in a better world,
his ola atquauitance in his father s
place, and the schoolboy Charles a
husband and a parent in the little
cottage of which you have hearcl al
ready A . famtlv!'-.. affliction had es-
! duty, he recojrniied in one of the
ofn :es of the garrison the J friend
with whom his youth h d. been fa
miliar. You may easily guess the
gcatlttcation he experienced ; a grat
ification mingled with no other re
gret than 'that it wis soon to vanish.
He was ' About to dissipate by foreign
travel the melancholy which preyed
on him, ' and could not receive, his
friend with personal hospitality.
Suf prized and delighted, however.
he gave him in a luckless h ur a let-
ter of courtesy tftmy clieht, request-
ing from him and his, brother-in-law,
M. Kirwan, every attention in their
p wer to b stow. ' And now, gen-"
Hem m, - before I introduce him to
ame scene of Ihis crimiaalitv, '6u
shall have even ,the faint unfinished
sketch which has been given me, of
his cjiaracter. Capt. . Kerr of jhe
Royals is' very near sixty; he ii a
native of Scotland, he hi beep all
his life a militaryj officer ; in other
words, to the advantage, of experi
ence and the polish of travel, he ads
what Lord B icon' calls, that tjeft
handed wisdom " with .which the.
thrifty genius of thev Tweed;has
been said to fortify her children.
Never I am told, did there emi
grate, even from Scotland, a niarj of
more ability, or of more cunniig ;
one whose adress wa"more caprfcle
of inspiring confidence,' or wrnse
iarts were be tter . calculated to ull
susjpicibn : years have given him he
caution of age, without extingu sh
ing the sensibilities of youth ; aa-:
ture made- him romantic, nativity
made him Frufvil nnd halt a ccntarv
has now matured him into a perfect
model of thrifty sentiment .andm-
oious senilitv I shall not depict
.u-,ini,i,.lui t;.k trWtrW row-
a- . 1
if thev are tru-miy God-aonjve
him j his own heart can ' aloa sUp-hi
company
v,y . ; v -v;.Mww irjenasnip 1 ne youriff, open, warm
assumed the air of one ra
gwjmcnting an. acquaih- this hypucrrcv : the sun ; iuelr-was
rancc-i-themes of othr days- were dirk and desultory compared f witii :J
started rthb h ippy scenes Kwhichhe steady Vph ndor ofdi m(dcm;
a parent s imao-e mmrrlfrt - w rn n I I7nl..:;.;.v ' t i n i i
fltfl 1 if31ir Hntwn iriH h. if nnrit
r . o- - - r -
MHiT i ; fiVfJ
nefitoo soon, their visitor -.depart-
d.e lnot behind him hE mem: (Jence in tbe famifv. His ifrienilly -5ra:-;tratogpf.
He was as one intercourse with rs. Kir wanC his"
wahosedeath-has been untrulv ru- eoualfv; frirnMlv Jnt , i;
4?CnS slostdecovtffeM thehuliu cl of nli- '
pilrmatxiar for h:s own destrts, ther h ut-in idea of misintemr, tinr,. !
;earer-?iptv;the memory with
.wu.,y icu. ypiizgerald became perceptibly Vm-
- GenHefv' the strorget battered -the children; abmt whni .V1
f nlJl tVVOfyb ' baseness
son
f.fwrb:: trrat even a: ihU
was 'en-ndcring-lthat -even then,
ueu nisurieajinena stoa as it
-vtTeAtiMnlH'belbTe Kim in1 he pt r
on pl.his ottiprjjjgi xhe poison seed
Was sown, withfothe shade of whose
calamitous maturity nothing of hu
frrriity, could prosper. I cannot toit
through the romantic cant with which
(he h pocrite 'begdiledthVs credii
lou s md unconscious famil , but i he
concluding sentenVef a visit is too
reriiaikanle to be omit$ed.. " It is,"
said he awaking out of a reverie of
admiration. " It is all a paradise:
there (pointing to my client,) there
iy;Ad amshe (his future victitn )
she is Eve and that (turning to
Major Hrown,) that is the deyi 1"
Perhaps he mitrht ' have been more
felicitous in the last Exemplification.
This of course seemed! but a jest
and raiseel ' the -laugh that was '.intended.-
But it was ik n iisnn in '
it was an Iaga prelude," ofwhicll
interior crime could not fancy the
C'inclusion.-i-Remember it, and you
will find that, jocular as it was, it
had its meaning that it was not, as
it purported,the jocularity of innb
ienre. but o thafc murderous and
s a y a g e : n aa u r e a t p r ( m p cscn e 1 ti -di
m to his odious gambol round the
ca'ppve he has destined to the sa"ra
fice. The intimacy thus. commenc
ed was, 6n the part oft he; defendant,
strictly cultivated His visits Were
frequent his attentions ' indefatiga
ble his apparent interest beyrond
doubt, beyond description. ' ! Ym
ma- have heard, my lord, that there,
is a class of persons who often cre
ate their cons, quence in a family by
contriving to become master of its
secrets. An adept in this art, be
yond alUrivalry, vyas Capt. Ker?
Not only did he discover all that had
realitv, but he fabricated- whatever
advanced his purposes, land the con-
-
fidence he acquired was beyond all
suspicion from the sincerity he as
sumed and the recollection he ex
cited. V. Who could doubt the man
who writhed in agony at every wo,
and gave , with his tears !a crocodile
attestation to the veracity of his inl
ventioh ! From the very outset of
this most natural though ill-omened
introduction, his ou!y object ws
distord and disunion, and in the ac
complishment he was but too suc
cessful. How could he be other
wise ? He seized the tenderest pass-
penf iK( Human heart, and ruled
them with worse than wizard des
potism. Mrs Fitzgerald was young
and' beautiful ; her husband attec-
tionate dnd devoted ; he thirsted for
the possession of the one ; he dettr
mined on his enjoyment, even thro'
the perdition of the other. The
scheme bv which he effected this ;
a scheme of more deliberate atroci
ty pe rhaps you ne v er h e ard ! Par ts
of it I can relate, but there are ciimes
remaining, to which even if our law
annexed a name, I could not degrade
myself into the pollution of alluding
The commencement of his plan was
a most ostentatious affection for ev
ery branch of the4?itzgejaldlamily.?
The-welfare of my client ; his se
clusion at Oakland's ; the consequent
loss of f ortune and of fame, were all
the subjects of his minute solicitude.
it was a puy iorsooui vu
lents and such virtues should defraud
I th .w.'irld -of. their exercise; he
w.;t,i ,ntP to Ger Hone to ad-
vance hi m ; 1'woui resign tr him
ova
paymAa'.crsQip ; ia snort, i
there was no personal; no pecuniary.
8crifi, es which he was'tibt e xnrr ta ;C
"mt n( ,k: : v
i- "i . - . ' .. t - . - . ,
aii iviu. . ii iouowta,genuvmvn
as a rnar of course, that He was al-W
lowed an'alm.ur t
I,, the mean time the temper tif Mrs.
sne n,Q ?ver been aficctiiiuately so-
i lil tou were now neglected '; he
ornaniervting of the cottagea favor
ite object "also, wa iotallvJJreiin- :
quished ; nor was this the worst of it.
She became7 estranged from her hus
band ; peevish to ir ''Kirwan ; h r
manner evincihg constant aiit uio i,
and h-r mind visibly maddened by
some powerful though mvsterion. a
g ncv. Qi this hange, as weSi he
might, capt. Kerr offi iously pro
claimed himsrlf the disCoverer ;
'with mournfur a ff -c t a t i on he o b r u d - e
d his interference vohmteVrif. df he -.-'
admonitions he had:render d ice
sary . You can hat e no idea i f the
dextrous duplicity with which he
acted.; To the unfortunate ?Mts.
Fnzgerald he held up the alure
mtnts with which vice corneals r.ncl
decorates its d. formity ; her leau-v,
her talents, the triumph s.that avv Hir
ed her in the w'orld of L.M.dots the
injustice of cot cealrrlent in her p. e-
k.sent soitud re the atteroate top-
ics of his smooth-tbnirued iniou.ivJ
till at length exciting her vaniu , :a d
exring.ii-hiog h'er reason by " sp
a -d dmgs &)ir:ursed : ncartattons,,
hejuirglrd away her innocence, and
her virtue ?" "t o the afflicted Mrs.
ing over the pmpensitirs --111 1. d
to discover in his yretched vi ami,
detailing ;atrocitiejs he haal lajni If
created, defaming and dt grading the
guilty dupe of his artifi es, 'and
coUnseUing the instant separation
which was to aff rd him hi o m e im
punity and eijoyment, Trusted by
all parties, he was true to none. Ev
ery day maligning Mrs,. Fitzgerald
to the rest of ' ah family; wheu ic
came, to her ears, hp Vjoled her into
he xbt lief that it wsj q.iite necessa
ry he houid appear ier enemythat
their secret love might be- thy h ss
suspected ! Imposing 0p- Mrs. Kir
wan the fabricated tale of Mrs. Fi z
ge raid's infamy, he petrified her vi -tu
-us mind be ond the poss bdiiy of
explmation ! With captabt. I.zger
aid he mourned over his woes, en
joining silence when he was studi
ously augmenting them. To Col.1
Fitzger ddc he Wrote letters o1'
con-
dob nee and commisseratiou, v n
while the pen of his guilty corres
pond nee with hi sister-in-law u as
wet ! Do I overstate hu treather ?
Attend, not to me ; linten to hisliwa
letters ; the mpst conclusive ill-istra- '
tions of his cruelty a-d his guilt. "
Thus, gentleni n, he write t;i C I.
Fitzgerald, apprisii-g him of the re
sult of his introdu, tio i. '. " t ha e
been much with your family and
friends ; it is unnecessary fb mr Jo
say h w happy they have m dv. me ;
I must have, been vtfk miserable but
for their society ; I hive' been re
eived like a brother, and owe grati
tude for life to every s ul of them.
1 hey have taught m - of what nv
terials an Irishman's heart is mad
but alas ! I Have barely at kno wledc 'Z '
ments to offei?' Now judge what
those acknowledgemenis were, by
this extract frc m his letter to Mrs
Fitzgerald, Yxjur conduct is o
guidtd bv excessive passibn, 'hlu it
is impossible for xne to nis,t you. I
thipk the woman you sent: means to
betrpy us both, and nothing on Jarth
can make me think the contrary ; but
resr assured 1 shall ; act with.'that
caution, which will mak Jme j im
penetfable. I would wish to make ,
sYW really liappy, and if tanr.ot
- resctume as y
"svuu i. -
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