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Introduction
Below is a transcription of a newspaper report of the libel action by James COSSERAT against Mrs. Elizabeth WHITEHEAD in 1828 which appeared in The Morning Chronicle (London, England), Thursday, May 1, 1828; Issue 18293. Further background information and speculation about the case and the family can be found on the following page about Caroline WINDEATT;
- Link to page about Caroline WINDEATT
I have take some liberties with the paragraph structure in order to aid legibility and have rendered surnames in capitals to aid family historians.
Newspaper Story, 1828
Court of Peculiars - Exeter
COSSERAT V. WHITEHAD
This was a suit instituted by James Nathaniel Peloquin COSSERAT of Torquay against Eliz. WHITEHEAD , the wife of Mr. WHITEHEAD , a gentleman residing at Babicombe, both in Devon, for uttering certain slanderous expressions of and concerning him, the said Mr. COSSERAT, with a view to defame his charcter. Mr. COSSERATwas a solicitor at Torquay, but he had a house at Babicombe. This was a small and retired place, and the more reputable families not exceeding four or five, among whom were Mr. and Mrs. WHITEHEAD , Mr. and Mrs. Mapleton, and the family of the promovent.
Early in July 1826, a Mr. and Mrs. GORDON came to reside at Babicombe, and were invited by the COSSERATS to dinner. The other families having what is termed "cut the COSSERATS," and unwilling the GORDONS should visit them, Mrs. WHITEHEAD, on the 8th July, communicated to Mrs. GORDON the report in circulation - in effect, that Mr. COSSERAT had had connection with his niece, and that she had had a child by him. Mr. GORDON having promised to dine with the COSSERATs, Mrs, G. objected, and told him what Mrs. WHITEHEAD had communicated to her. The result was, that both of them on the 9th, waited on Mrs. WHITEHEAD to ascertain its correctness when Mrs, W. in the presence of Mrs. MAPLETON and others, restated it as a report that had never received contradiction. Geo. CARY, Esq., Mrs. MAPLETON, Miss Harriet KEYS, Wm. DAVEY, &c., had spoken of the prevalence of such report through a considerable period, and without contradiction; but the principal witness was William ANDERSON, a brush-maker in Bridge-town, Totnes, whose deposition was to this effect:-
That on 24 of October 1823, he saw Mr. COSSERAT, of Torquay, and Miss Caroline WINDEAT, of Bridge-town, walking together in Bridge-town Marsh; in consequence of something he had heard, that he was induced to follow them; that they went from a marsh into a copse and in a retired part he saw such transactions pass between them as left no doubt on his mind that an improper connection had taken place. Witness immediately wrote two letters, detailing what he had seen, the one for Miss Caroline WINDEAT, the other for Mr. COSSERAT. These he delivered to the respective individuals.
Miss WINDEAT expressed great surprise, and seemed alarmed, begged for God's sake he would be secret, and wanted to swear him to secrecy. This he declined, but desired her to be more circumspect in future and never again be seen in company with COSSERAT. She said her uncle had taken advantage of assistance rendered her father under embarrassment to effect her ruin.
On the interview with COSSERAT, he at first denied having been guilty of such an act, but afterwards acknowledged it to be true, and as he was a man of the world and did not look upon those things in the light that many persons did, and begged him to keep his secret, and if he could do anything to serve him he would do so. Witness replied, that he was a tradesman, and, though not rich, he wanted no bribe, but if Mr. C. could further him in the way of his business, he should feel much obliged.
It was subsequently rumoured that Miss W. was with child, and that she was delivered at some house on a farm belonging to her father.
Witness afterwards saw COSSERAT arm in arm with another sister (Elizabeth WINDEAT). They were on the Exeter road, and hearing they had been noticed by others, he wrote a note requesting an interview, at which he told her what he had seen, and obtained a promise that she would avoid COSSERT in future. Hearing afterwards that Miss WINDEAT was gone to Torquay, he wrote an anonymous letter, which he put under the door of her father, Mr. John WINDEAT, to the effect "that his daughter was with improper company at Torquay" and further said, "a friend gives you this hint; send for your daughter, and treat this not lightly."
Witness some time afterwards, saw Miss C. WINDEAT, and spoke to her of the affair, when she smiled, and said it was so long ago that, if he now asserted it, no one would believe him. In consequence of this, deeming her hardened, and Mr. FARWELL being employed against him, as well as reports to his prejudice being in circulation, he went to Mr. WINDEAT's house, and, obtaining an interview with the aunt, Miss Mary WINDEAT, Miss E. WINDEAT being also present, related all he had seen and done, and acknowledged the anonymous letter to be his. The aunt appeared to believe his story and desired him never to mention it to her brothers, for they would kill COSSERAT, but said it was a cruel thing to wound the feelings of parents by sending the letter.
This, it was contended, was the gist of the evidence against Mr. COSSERAT; and it was a wicked and cruel attempt to extort money. It also appeared that, on the 14th October, 1823, twelve days after he had asserted witnessing this transaction, ANDERSON wrote to Mr. COSSERAT, requesting him to effect the purchase of the house in which he was then tenant, and which was to be disposed of for 375l., offering to repay him 100l. in six months, and secure the remainder by mortgage on the premises - saying, I consider my secret worth 4,000l.; and , if you have any regard for your own welfare, and that of the family at Bridgetown, you will not hesitate to accede to the request; - if granted this favour, will not ask anything further; but if refused, will expose you; and, until I have your answer, remain your friend.
Mr. COSSERAT replied to this, "I never had a doubt of your character; while, however, you shielded your machinations under the guise of concern for the credit of a respectable family, no notice could be taken; your motive is now clearly unfolded; you had better be careful what you are about"
Subsequent attempts were made to obtain the sums of 10l. and 30l., but to these Mr. COSSERAT returned no answer. The motive of ANDERSON being apparent, it was the wish of Mr. COSSERAT instantly to commence proceedings against him, but he found himself stopped at the very outset. ANDERSON was a man in low life; and injurious as were the reports he had circulated and such art had been adopted, that he had no remedy at common law, nor, until 1826, had he been enabled, by Mrs. WHITEHEAD's giving further circulation to the slander, to fix on any one against whom to commence proceedings in that Court.
On the part of the defence, it was contended that the conduct of the WINDEATs from 1823 up to the present time, showed that every thing asserted by ANDERSON was true.
The arguments of Council being concluded, judgment was postponed.
- from The Morning Chronicle (London, England), Thursday, May 1, 1828; Issue 18293
Footnotes
- In the original report Mr. CROWDER's speech is reproduced as two paragraph but I have broken it down into several further paragraphs to aid legibility. I have also inserted this heading, which is not in the original, for the same reason.
- In the original report Mr. COLERIDGE's speech is reproduced as one paragraph but I have broken it down into several paragraphs to aid legibility. I have also inserted this heading, which is not in the original, for the same reason.
- Link to John WINDEAT's will - he died in January, 1826: a couple of years after the alleged illegitimate birth and a couple of years before the libel action.
- Mr. KING of Plymouth was presumably the Richard KING who married Mary Grace WINDEATT in 1816. Mary Grace KING was Caroline WINDEATT's elder sister and, from census reports, and it was in this household that Caroline lived until her death in 1865. Richard KING and his wife were the parents of Richard John KING, the local historian and author.
These pages are being put together by Sandra Windeatt with a lot of help from many correspondents and in particular
Peter Windeatt, e-mail: -Staverton tree.
Phil White, e-mail: - Torquay tree.
author:
Sandra Windeatt
e-mail:
last updated: 21 May 2001