DOI Page / Citation link:
https://doi.org/10.11588/diglit.70301#0031
MEMOIRS OF THE CHEVALIER D’EON. IQ
D’Eon, had exhibited the,contents of her female wardrobe,
which consisted of saques, petticoats, and other habiliments
calculated for feminine use; that on the said 3d day of July,
1774, the witness paid a morning visit to the Chevalier
D’Eon, and finding her in bed, accosted her in a style of gal-
lantry, respecting her sex; that so far from being offended
with this freedom, the said Chevalier desired the witness to
approach nearer to her bed, and permitted him to have
manual proof of her being in truth a very woman.”
After the counsel on both sides had been heard, Lord
Mansfield charged the jury in nearly the following words :
“ GENTLEMEN OF THE JURY,
“ This is a gambling debt. I wish it were possible to
abolish all debts of the kind; I should be glad if your verdict
could so operate as that neither party might be the winner;
but as one of them must lose, you have only to consider
which of them ought to win.
“ With respect to the contract on which the action is found-
ed, there is not any thing illegal in it. It is binding on both
parties. The discovery of the sex of a certain person is to
give it operation. Each party thought himself certain of the
fact. There was every external proof that the defendant
was right in his conjecture.
“ D’Eon dressed as a man; she would have fought duels,
she was a captain of dragoons : resided here as an ambas-
sador. To all outward appearance therefore the defendant
had the best of the wager.
il On the part of the plaintiff, there was a considerable
difficulty ; suppose him to be right, yet the proof of the fact
was not easy. It was not in the power of any person to com-
pel D’Eon to disclose her sex; was it even known, the proof
still rested on the plaintiff. He had so far the disadvantageous
side of the question.
“ It had been thrown out, that he was sure of the fact at
the time he laid the wager. The contrary hath appeared.
D 2
D’Eon, had exhibited the,contents of her female wardrobe,
which consisted of saques, petticoats, and other habiliments
calculated for feminine use; that on the said 3d day of July,
1774, the witness paid a morning visit to the Chevalier
D’Eon, and finding her in bed, accosted her in a style of gal-
lantry, respecting her sex; that so far from being offended
with this freedom, the said Chevalier desired the witness to
approach nearer to her bed, and permitted him to have
manual proof of her being in truth a very woman.”
After the counsel on both sides had been heard, Lord
Mansfield charged the jury in nearly the following words :
“ GENTLEMEN OF THE JURY,
“ This is a gambling debt. I wish it were possible to
abolish all debts of the kind; I should be glad if your verdict
could so operate as that neither party might be the winner;
but as one of them must lose, you have only to consider
which of them ought to win.
“ With respect to the contract on which the action is found-
ed, there is not any thing illegal in it. It is binding on both
parties. The discovery of the sex of a certain person is to
give it operation. Each party thought himself certain of the
fact. There was every external proof that the defendant
was right in his conjecture.
“ D’Eon dressed as a man; she would have fought duels,
she was a captain of dragoons : resided here as an ambas-
sador. To all outward appearance therefore the defendant
had the best of the wager.
il On the part of the plaintiff, there was a considerable
difficulty ; suppose him to be right, yet the proof of the fact
was not easy. It was not in the power of any person to com-
pel D’Eon to disclose her sex; was it even known, the proof
still rested on the plaintiff. He had so far the disadvantageous
side of the question.
“ It had been thrown out, that he was sure of the fact at
the time he laid the wager. The contrary hath appeared.
D 2