The Curious Case of a Criminal Conversation

By Cassandra Samuels

Believe it or not, in the Regency period the term Criminal Conversation meant adultery, especially as formerly constituting grounds for the recovery of legal damages by a husband from his wife's adulterous partner.  

There were several such notable "conversations". In this blog post, I talk of a particularly juicy scandal in 1818 involving much more than a mere chat.

Ashton v. Elliot.

Colonel Harvey Ashton was in the army and was said to be a particular friend of Wellington. While away at war he married a Spanish woman, against the advice of his companions, but it didn't take long to turn sour. Margarita was actually the daughter of an Irish gentleman but born in Cadiz, Spain, and the pair re-married when they returned to London. Followed by their first child.

They moved just outside Paris and quickly had a second child (Wellington's godchild). It was in this town called Passy that she met Captain Edward Elliot. He was Ashton's friend but it soon became common knowledge that his attentions lay only with his friend's wife. He was barred from the house but still visited her in secret - through the back door.

The pair were not very careful and soon letters were intercepted and used as evidence in the case of criminal conversation in which Ashton sued for 10,000 pounds.

One of Edward Elliot’s Love Letters to Mrs. Aston, Bell’s Weekly Messenger, Dec 20, 1818.
(©2015 British Newspaper Archive)

Things looked bad for the pair especially when letters from Elliot to Margarita were read out to the court. Then, to everyone's surprise, Elliot's lawyer James Scarlett accused Ashton of sabotaging the situation and brought to the court's attention that Ashton had, 'neglected his lady in a manner the most shameful;'

He discredited the French servant's statements and brought his own many witnesses, painting a very different picture. One that painted Ashton as someone who frequented brothels and mean women of the street. He stated that Ashton had caused his wife to suffer from syphilis and the need for mercury treatment, nearly killing her.

When the jury made a decision it was that Ashton not be awarded the 10,000 pounds he had wanted but only 100 pounds because he had caused so much illness to his wife through his dissipated actions. So, although he won the case Ashton had the story follow him everywhere and his reputation sullied.


Love to love: Just sitting and admiring my garden and listening to the water feature bubble away.
Love to laugh: At a good Rom Com.
Love to learn: About wellness and looking after my mind and body.