Devonshire Characters and Strange Events

Now there had been a witness, a man who had seen Edward take up his position, and who, believing him to be a highwayman, had secreted himself and waited an opportunity to effect his escape. Edward Gould was tried for the murder. Dunning was engaged to defend him. It was essential to weaken or destroy the testimony of the witness. On the day of the trial he cross-questioned this same witness sharply.

“How can you be sure that the man on the horse was Mr. Gould,” asked Dunning, “when, as you say, it was past midnight?”

“Sir, the full moon shone on him. I recognized his horse. I knew his coat. Besides, when he had shot the other he removed the mask.”

“The full moon was shining, you assert?”

“Yes, your honour. I saw his face by the clear moonlight.”

“Pass me a calendar,” said the judge. “Who has got a calendar?”

At that time almanacs were not so plentiful as they are now. As it happened, no one present possessed one. Then Dunning said, standing up: —

“My lord, I had one yesterday, and put it, I believe, in my overcoat pocket. If your lordship will send an apparitor into the ante-room to search my pocket, it may be found.”

The calendar was produced. There was no moon on the night of the murder. The evidence against the prisoner broke down, and he was acquitted.

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.

Regarding herself as free, she had married the Duke of Kingston, who died and bequeathed his large fortune to her. At once those who had expected to obtain the inheritance began to stir, and had the unfortunate Duchess tried for bigamy. John Dunning was counsel against her. She belonged to an ancient Devonshire family, but that did not concern him; she was an unfortunate widow beset by foes – that mattered not to him, he attacked her in the grossest manner. As the judges refused to accept the sentence of the Spiritual Court, a conviction of course followed, and she fled from England secretly, to escape being branded in the hand and imprisoned. The hawking and spitting of John Dunning were not due to any complaint, but were tricks he had acquired and had not laboured to master. The herald to an approaching speech from Dunning was a series of laboured and noisy efforts to clear his throat. When speaking his head waggled as if he were afflicted with palsy, and he had the trick of raising his arms to his breast, extending his hands in front of him and flapping them, or paddling with outspread palms, moving them with a rapidity corresponding to the wagging of his tongue. “We have heard it said by those who have seen him while thus employed, that his whole appearance reminded them of some particular species of flat-fish which may occasionally be seen hanging alive outside the fishmongers’ shops, the body wholly motionless, but certain short fins in front vibrating up and down incessantly. To others the exhibition suggested the idea of a kangaroo seated on its hind legs, and agitating its forepaws in the manner that animal is wont to do. All, however, add, that it is only at the first glance they are susceptible of anything about him approaching to the ridiculous. After listening to him for a very few minutes, the attention became wholly engrossed by what he said, and all consciousness of his awkward gesticulations was entirely absorbed in the interest aroused by his discourse.”[37 - Law Magazine, Vol. VII, p. 331.]

Sir William Jones says of his oratory: “His language was always pure, always elegant; and the best words dropped easily from his lips into the best places with a fluency at all times astonishing, and when he was in perfect health, really melodious. His style of speaking consisted of all the turns, appositions, and figures which the old rhetoricians taught, and which Cicero frequently preached, but which the austere and solemn spirit of Demosthenes refused to adopt from his first master, and seldom admitted into his orations.”[38 - Sir W. Jones’ Works (1799), Vol. IV, p. 577.]

In the House of Commons, Dunning pursued an enlightened policy. He advocated the Roman Catholic Relief Bill, he was opposed to the policy of the Government in prosecuting the war with America. He bitterly and savagely opposed sinecure offices, yet no sooner was he raised to the peerage than he accepted one for himself, that of Chancellor of the Duchy of Lancaster, with the enormous pension of £4,000 per annum. He had as Solicitor-General acquired the then unprecedented sum of £10,000 per annum. As money-lender he had obtained estates that brought him in large sums; but he ravened for more.

It is not my purpose to follow his political career, but to confine myself to his private life. The days of sevenpenny dinners in the Chancery Lane eating-house were left behind. He unbent after labours of the day in the Literary Club founded by Johnson in 1764, where he met Goldsmith and Sir William Jones, Reynolds, his fellow Devonian, who twice painted his portrait, Gibbon, and Burke. That Johnson and he entertained a mutual admiration is evinced by a conversation recorded by Boswell. “I told him,” says the biographer, “that I had talked of him to Mr. Dunning a few days before, and had said that in his company we did not so much as interchange conversation as listen to him; and that Dunning observed upon this, ‘One is always willing to listen to Dr. Johnson.’ To which I answered, ‘That is a great deal for you, Sir.’ ‘Yes, Sir,’ (said Johnson), ‘a great deal indeed. Here is a man willing to listen, to whom the world is listening all the rest of the year.’”

Dunning now purchased for £4700 the residue of a lease of ninety-nine years of the manors of Spitchwick and Widdecombe. In a letter to his sister he says that the length to which his lease would run would be sixty-three years. It was actually eighty-eight; and he made a very good bargain by the purchase. He built the ugly house at Spitchwick where had formerly stood a chapel of S. Laurence, and did much planting. He had an old servant, John Hext, brought up to London by him from Ashburton. One day the man was late in attendance. “What has delayed thee, John?” asked Dunning. “I was listening to a man playing on the crowd.” “Crowd! crowd! John, that word is dead and buried; say a violin.” On another occasion John Hext, remembering his orders, was remonstrated with by his master for waiting about at the Temple Gate. “I was only waiting,” said John, “till the violin of the people had gone by.”

Dunning was very proud of being lord of the manors of Pridhamsleigh, Spitchwick, and Widdecombe, and he was boasting of his possession to some friends in London when “Jack Lee,” afterwards Solicitor-General, said: “Aye, Dunning, you may have manors in Devonshire. It is a pity you did not bring your manners up to Town and to Westminster.”

Whilst holding office as Solicitor-General, during a recess, he and Colonel Isaac Barré, his friend and colleague in the representation of Calne, visited Berlin. “As distinguished members of the British Legislature the two friends received marked attention at the Court of Frederick the Great. When presented by their proper titles, the military chiefs surrounding the throne of the Soldier-King naturally concluded that a Solicitor-General of England must occupy a high position in the British Army. The latter part of the title they could understand, while the prefix ‘solicitor’ was doubtless some foreign equivalent to that of major or lieutenant. Clearly the proper way to entertain the English officers was to invite them to a grand review of the Prussian Army. The invitation was issued with a courteous intimation that suitable means of conveyance to the field would be duly provided. At the appointed hour the two guests of royalty were ready – Col. Barré in full military costume, and Dunning fully arrayed in court suit, bag-wig, dress-sword, and silk hose, with brilliant buckles at knee and instep. On descending to the door of the hotel the latter shrank back with dismay at finding, instead of the expected chariot, two orderly dragoons holding the bridles of a couple of prancing chargers duly caparisoned for the field. Col. Barré was soon in the saddle; but it was not without some hesitation and the undignified help of the soldiers that the great lawyer succeeded in attaining a like elevation. Once wedged in the hollow of the demi-pique saddle, with its holsters in front and its raised cantle behind, he felt tolerably secure. But your horse has a quick perception of the capacity of his rider, and the proud steed on which Dunning rode chose to exercise his own discretion with regard to his movements. To their unconcealed amusement, the great Frederick and his staff were treated to an equestrian spectacle not set down in the programme of the day. Finding at last that these antics were getting somewhat too lively for him to cope with, poor Dunning was fain to beg for assistance in escaping from the back of his wilful quadruped, and the Prussian monarch and his suite became aware that their English allies had generals in Westminster Hall whose charges bore no affinity to charges in the field of war.”

In London John Dunning was visited by his mother and father. The former did not by any means approve of the luxury of his table, and scolded him for extravagant housekeeping. But the father was puffed up with elation at seeing that his son had become so great a man. Neither lived to see him raised to the peerage.

Dunning was nearly fifty years old before he married, and then he took to him Elizabeth the daughter of John Baring, of Exeter, who was half his age. They were married at St. Leonard’s by Exeter on 31 March, 1780, as at that time John Baring and his family resided at Larkbeare in that parish.

Lord North’s Ministry fell, and a new administration was undertaken by the Marquess of Rockingham. Lord Shelburne became Secretary of State, and at his recommendation Dunning was given a coronet. His patent of nobility bore the date 8 April, 1782, and the title he assumed was that of Baron Ashburton. There were hot jealousies in the party, and the Marquess of Rockingham was highly incensed at the coronet being granted to Dunning without his having been consulted. The Rockinghamites insisted on peer for peer, and accordingly Sir Fletcher Norton was raised to the peerage in a very great hurry to keep them quiet.

Lord Ashburton’s health began to fail almost as soon as he married. At the age of fifty-one his constitution was completely broken, and Lady Ashburton could look for a happy release from a very disagreeable husband in a very short time. Dunning expired at Exmouth on 18 August, 1783, after repeated attacks of paralysis, leaving one son, Richard Barré, then fifteen months old, to be second Lord Ashburton, and last of the first creation.

In spite of a coarseness, almost brutality of manner, and his unpleasant tricks of hawking and spitting, Dunning managed to make friends, and perhaps even inspire affection. Sir William Jones felt or pretended to feel deep emotion at his death. He wrote: “For some months before his death the nursery had been his chief delight, and gave him more pleasure than the Cabinet could have afforded. But his parental affection, which had been the source of so much felicity, was probably the cause of his fatal illness. He had lost one son, and expected to lose the other, when the author of this painful tribute to his memory parted from him with tears in his eyes, little hoping to see him again in a perishable state.

“As he perceives without affectation that his tears now steal from him, and begin to moisten the paper on which he writes, he reluctantly leaves a subject which he could not soon have exhausted; and when he also shall resign his life to the great Giver of it, he desires no other decoration of his humble gravestone than this honourable truth: —

With none to flatter, none to recommend,
Dunning approved and marked him as a friend.”

After the death of Dunning, his widow, Lady Ashburton, resided at Spitchwick, and on her decease it was occupied by Miss Baring.

If Dunning hoped to found a family and transmit his manors and lands and houses and wealth to a long line of descendants, his hope was frustrated. His son, Richard Barré, second Baron Ashburton, married in 1805 Anne Selby, daughter of William Cunninghame, of Lainshaw, co. Ayr, and he died in 1823 without issue, and bequeathed his estates to his wife for life, then to his wife’s nephews for life, and then to his wife’s nieces, Margaret, Elizabeth, Anna Maria Isabella Macleod, in succession for life, the survivor having the estates in fee simple. The nephew, James Edward, Baron Cranstoun, who died in 1869, and Charles his brother, who succeeded to the title and died soon after, had but a life interest in the estates. These now passed to Margaret, Baroness de Virte, daughter of Robert Macleod, of Cadboll, co. Cromarty, who had married Isabella Cunninghame, sister of Lady Ashburton. Baroness de Virte died in 1904. Her youngest sister, Anna Maria Isabella,[39 - Mackenzie’s History of the Macleods, p. 431, says it was Anna Maria who married John Wilson. He does not mention her sister Isabella at all. Burke’s Landed Gentry of 1846 mentions Isabella but not Elizabeth.] who had married John Wilson, of Seacroft, Yorkshire, had died the year before the Baroness, and left two sons; the eldest had died before her; and of those that survive, the senior inherited the Yorkshire estates, and the younger, Arthur Henry Wilson, Esq., now owns those obtained by John Dunning, and Sandridge Park by Totnes as well. John Dunning, first Lord Ashburton, was buried in Ashburton Church, where is his monument, now obscured by the organ which is planted before it.

Richard Barré, second Lord Ashburton, in bequeathing his estates to his wife’s relations, excepted Guatham, the ancestral farm and acres. These he left to any Dunning who could claim relationship, though he added that he did not know that any such existed. However, one did appear and established his connexion and obtained Guatham, and it has been sold to the Lopes family at Maristowe. The arms granted to John Dunning, first Lord Ashburton, were: Bendy, sinister of eight, or and vert, a lion rampant sable – certainly a very ugly coat and bad heraldry. The crest, an antelope’s head, couped proper, attired proper.

For much of the information contained in this article I am indebted to an admirable “Memoir of John Dunning, First Lord Ashburton,” by the late Robert Dymond, in the Transactions of the Devonshire Association for 1876. Also to a “Life of John Dunning” in the Penny Cyclopædia for 1837.

GOVERNOR SHORTLAND AND THE PRINCETOWN MASSACRE

On the 18th June, 1812, the United States of America declared war with Great Britain. Since Napoleon’s Edict of Berlin, 21 November, 1806, which had closed all the ports of Europe that he could control against English merchandise, there had been considerable tension, breaking out into ill-will, between the States and Britain. By Orders of Council, our vessels were empowered to stop and search American ships for deserters from our navy, and for contraband of war, although the Orders were relaxed as far as America was concerned for the ports of Germany and of the Baltic, yet our interference hampered her growing trade with France, and this was forbidden by the above Orders. The States cast a covetous eye on Canada, and hoped to cripple our trade with the West Indian Islands. Indeed, the declaration of war was kept secret for some days so as to afford opportunity for the armed vessels of the States to intercept the sugar fleet before it and its convoy had received news that war was declared.

Prisoners began to arrive at Plymouth, mainly seamen captured from merchant vessels, and were sent to the Hector and Le Brave, two line-of-battle ships unfit for service at sea and now anchored in the Hamoaze. The officers were entitled to reside on parole in Ashburton, and were allowed by the British Government eighteenpence a day each man for their lodging and board and washing. They were suffered every day to walk a mile along the Exeter or the Totnes road, but were required every evening to return to their respective lodgings and there remain till the next morning. But such officers as broke parole were sent to the common sea-mess on board one or other of the ships above-mentioned.

The French officers had shown conspicuous indifference about keeping their parole. Between 1809 and 1812 five hundred officers violated their paroles and effected their escapes. A good many American officers were equally unscrupulous.

We have the journal of an American prisoner, Charles Andrews, who was one of the first taken and who remained in durance till the end of the war. His statement was countersigned as a genuine record of facts by fourteen captains, two lieutenants, one doctor, and forty-five others who had shared the long captivity with him.

There were other American prisoners at Chatham and at Portsmouth, but with them we have no concern.

Every prisoner sent to one of the two ships for their accommodation in the Hamoaze was given a coarse hammock with a mattress, the latter with from 3 to 4 lb. of chopped rags and flock in it, “one coarse and sleazy blanket,” and these were to last for the twelvemonth. To each man was allowed 1

⁄

lb. of poor coarse bread,

⁄

lb. beef including bone,

⁄

oz. of salt, and one or two turnips per man. These rations were for five days in the week: the other two were fish days, 1 lb. salt haddock, 1 lb. potatoes and bread as before, then constituted the fare.

From the summer of 1812 to April, 1813, there were seven hundred prisoners on board these vessels at Plymouth. They suffered from want of many conveniences and comforts. They had no change of clothes and linen, some had their garments completely worn out; they were not provided with combs and brushes, tea, coffee, boots and shoes. The American Government had appointed a Mr. Ruben G. Beasley as its agent in England to see to the comfort of the prisoners, and he was furnished with money by that Government for the supply of all that was needful to make the captivity endurable by those who had to endure it. But he pocketed the money and only doled out some to Jews who undertook to supply certain articles to the prisoners, few and bad, short in quantity and bad in quality. The American prisoners wrote repeatedly in complaint to Mr. Beasley, pointing out that they were half-starved, in bad health, shoeless, nearly naked. But he did not even trouble to answer the letters and made no inquiry as to the real condition of the complainants. Added to their discomforts was the fact that they were devoured by vermin, and had no means of keeping themselves clean.