Star. — London, England, 1819-07-15 00:00:00

I I 44 t actuated. Her friends, however, felt it due both to her character and their own, to bring this action.— Their object was, not to recover heavy damages, but in order to rescue the characters of the young Lady and her to other in•law from the most foul and un merited imputations. He now boldly called upon the Lea fled Onmsel for the defence (Mr. Serjeant Copley), to a t ioiogize for the grossly insulting lan guage lise.i by his client—language used without either a shadow of troth or of provocation. Mr. Seijeaat COPLEY cheerfully accepted the chal lenge of his learned brothel, and begged to state to the Court and to the Jury that he had been instructed by his client to make the apology called for, and re tract the imputations which had been improperly cast upon the characters of the plaintiff and her friends. His client had begged of him to state his sincere con trition for the expressions he had used in reference to the plaintiff and her brother-in-law, Mr. Reynolds. Mr. Serjeant VAVORAN observed, that the evil having been done, a bare apology could not now be accepted. Mr. Serjeant COPLEY said, the apology had been offered before the trial, with the addition of £lOO, by way of compensation, but both had been refused. The Cuter-Anima—l think the call for an apo logy having been made, and the apology having been offered, the due weight which attaches to this circumstance ought not to be overlooked. Mr. Serjeant VAUGHAN, after a few additional ob servations, called 'Mr. • Thomas Reynolds.—Witness stated that he kept the Bell Inn. Plaintiff is his sister-in-law. He kriew the defendant to be a Solicitor in good prac tice: his father is a man of considerable property, living opposite to witness in Wood-street. Miss Spencer came on a visit to witness's house in August, 1818. The defendant there became acquainted with and visited her frequently ; and witness, after a short time, observed that an attachment existed between them. The defendant wrote several letters to the plaintiff. Here several letters were handed to witness, which he deposed to be in the hind-writing of the defen dant. They were then put in and read. •The defen dant, in the strongest manner, expte!sed his love for plaintiff, and repe,iteJly urged how necessary she was to his happine-s. He frequently expressed his hope of soon calling her his wife; he also complimented her on her :amiable and endearing disposition. They were likewise interspered with some poetical quota tions on connubial felicity, with fervent prayers in conclusion that the happy pair would realize the charming descriptions of the poet. One of them con tains the " Indeed, my am firmly persuaded there is no real and permanent l'appinrcs (nor even is that to be called perma nent, though urierrshtiedy the most lasting of any; on this side of the grave, but what is to be found in tli. ma: ried state, when grnund,il ou nitiv•al a.rection. How beautifully has the im mortal Thornpon described such a vnion, when, after describ ing the many matches made from political and sinister motives, . Happia• thq—ihe happiest of their' ind Whom gentle stars unite, and in one fate 'Their hearts, their fortunes, and their beings blend!' That such may be your happy state when married, on whomso ever you may bestow your hand, I most fervently wish and pray fat ; but, should the bkaing be rine, gratitude to you, and the sentiments of an affectionate heart, will unceasingly dictate that 1 should, by every means in my power, endeavour to ensure it. Then may .1 hope, should Gla union be blessed with the smiles of PKOVIDLNI: The touch of love and kindred too to feel" " In a postcript to the above the defendant says— " I have not tendered my. love to you without a due consi deration of the subject, and the mare I reflect upon it, ;he more my heart and mind approve my choice, for when' I perceive your frankness of disposition has submitted to my mind the cm...aer ation, that you are not mistress of those fashionable and taxi. nuing.t.ecomplishments which many women possess.' I must be ellew,d to observe, that you have what many of those women you allude to arc very deficient of—good sense, with, I am sure, a willing mind to do any thing towards acquiring that which you conceive would render your society more agreeable to tile man you honour with your affections; but what are those accomplish. meets when compared with the more valuable and sterling worth of domestic information? To know the duty of a wife, . mo- ther, and the mistress of a family, is to a husband by far more useful, as well as necessary knowledge for his wife to possess, than to play on the pianoforte, to dance, and such like, in the obtaining of which so much time is usually spent—the improve. cunt of the mind and acquiring knowledge of domestic economy is most commonly entirely lest. A wife, povessing the infon. sr.stlon I am speaking of, with an amiable disposition, is a !Or nate to a man in herself ; she thinks it het duty, and experiences a pleasure in laying out his gains to the best advantage, which is oftentimes of infinitely more importance to a man's prosperity thsa by marrying a woman of fortune, who too frequently ex pects a large proportion to be expended upon herself, and is above looking to the proper and due administration of the rest with that of her husband. If, my generous girl, you possess not the allurements of fortune, In my animation you have attractions far more estimable--sweetnets of disposition, which can only be l i. equalled by the generosity of your eieelient brother."' A short extract from a letter from Brighton was also read, in which the defendant addressed the plain tiff in the character of " husband." The letters having been gone through, Mr. Eteynold's examination was continued. Plain tiff answered these letters. She visited at the house of defendant's father. The wedding was fixed for last Christmas, but it did not take place. In the course of last February, witness noticed a great alteration in defendant's attentions to plaintiff, whoshortly after requested him to call upon defendant, and ascer tain his intentions with respect to her. Witness called early in March, and defendant repeated his attach ment to plaintiff, but in the latter end of the same month he declared he would not marry her, (here witness repeated defendant's expressions, as to plain tiff's' not being a girl of character, &c as stated by Counsel); defendant added that plaintiff allowed of the addresses of another, while she seemed attached to him. Witness, though irritated at those observa tions, endeavoured to conceal his feelings from de fendant.—Cross-examined. He had heard defendant talk about his losses, but not when he declared, in the beginning of March, his intention of marrying plaintiff. The last conversation was at witness's bar. Defendant was not then intoxicated, nor did witness ever sat him so. The result of this conversation was, that, witness ordered defendant out of his house; before his departure he offered to fight witness'. Wit ness never said he would make the old man (meaning defendant's father) bleed. He never considered Miss Spericer as a bar-maid, nor did he ever say that he could not afford•to keep two bar-maids. Something was said about Miss Spencer being out-asked at a church in Leicestershire. He heard that defendant' *ad inquired about it, and found that this was not the fact. lie saw both the license and the wedding ring. He had no further conversations with the plaintiff or defendant on this subject. Mr. Charlton proved the issuing of the license for the marriage of plaintiff and defendant, it was dated 28th November, 1818. Here the plamnff's case dosed. Mr. Serjeant COPLEY addressed the Jury for de fendant. He commenced by expressing his happi ness at having to address so respectable a Jury, and one so fully capable of giving this question the most minute and impartial consideration. What justice required they would no doubt perform, still measu ring that justice with the temperance which a case of this description required. Cases of this kind did not always bear in evidence the appearances they assume from the ingenuity and talents of Counsel, nor could they be laid before a Jury exactly as they occurred be. tween the parties :there being no means of proving the different transactions which took place between the parties. It was impossible to bring before a Jury the matters which might influence the minds of persons situated as plaintiff and defendant had been, or which might have operated to prevent defendant from fulfil ling his promise. The Jury would, no doubt, give de fendant every benefit arising from such a situation. —His client was a very young man, who had lately embarked in the precariotir profession of the law, and it would be for the Jury to consider whether they would eve such damages against him as woull blast his prospects and crush his first entrance into life. Plaintiff was attached to the young lady; whose situation appeared to be that of bar-maid at the Bell, yet he pursued his suit with sincerity. It was not attempted to be urged that lie was merely playing with her feelings, on the contrary, he acted with truth and candour throughout the whole of tfie pro ceedings. The father of - Mr. Cole was averse to his son's forming such a connection, and naturally so, as Miss Spencer had no fortune. The defendant's hesitation to fulfil his engagement arose first from the remonstrances of his father, and, secondly, from some sdvere losses which he had sustained from the deficiency of the produce of some mines in which he was concerned. Next came the conductof the lady's brother-in-law. The defendant smarting under the impression that the plaintiff was receiving the ad dresses of another, while she seemed to be his only, had remained for several hours drinktug in Mr. Rey nolds's house, previps to the conversation at the bar, anfi considering the irritation cf his feelings, it was not to be wondered at that in the heat of passion he had used un;ustifiable language. Defendant knew a verdict would be given against him; he never inten ded to asperse the character of Miss Spencer, or any of her family. The Jury would also recollect that it was plaintiff's brother-in-law, who first made public those expressions which were so much dwelt upon in this case, for the purpose of increasing the amount of dama3es. Ile should not further trouble the Jury, it would be for them to state what, under all circum-1 Aances, the amount of damages to which plaintiff'' was entitled. The Came JUSTICE summed up at considerable length. Having gone over the evidence for the plain tiff, he observed, that the defence set up was, first, the remonstrances of defendant's father, of which there was no proof ; and secondly, the losses sus tained by him ; added to which, came the dreadful imputations as to the brother-ir.•law, of which there was not even an attempt at proof. The plaintiff was a young Lady respectably educamd, and of unim peached character, and it would be for the Jury to decide, under all these circumstances, what was the, amount of damages to which the conduct of defen dant subjected him. The Jury, after a consideration of a few moments,' and without retiring, found a verdict for the plaintiff , --Damages, Five Huiedred Pounds. The Court was greatly crowded, and when the verdict was announced, a considerable manifestation of applause took place, which the Officers found some difficulty in repressing. The plaintiff and her sister were present during the trial, immediately behind their Counsel. SHERIFF'S COURT, SURREY. BREACH OF PROMISE OP Ai A 11.1:IA GF _ GIBBS C. PACKwoot), WIDOW. The defendant having permitted judgment to go by default, a Jury of the County of Surrey assem bled before the Sheriff to assess the slamages which the plaintiff bad sustained. Mr. BARRY, for the plainziff, stated the ease. His client was, he said, a farmer, and had been a pub lican, both of which stations in society he filled with great credit to himself. His circumstances were so comfortable, that he began to look about for a wife, and was indifferent as to the weight of her purse, so that she possessed those qualities, without which the matrimonial state was liable to become worse than any other warfare His age had attained that sea son when " the hey-day in the blood is tame, 'tis humble, and waits upon the judgment;' and his eye no longer rested upon those extrinsic beauties which too frequently threw the judgment into mean capti vity. Directed by a mind so constituted, it would have been improbable that he should select a girl for his companion. His habits were too much in the honest and sincere John Bull style to admit of the folly of sentiment in the most important event o f mans life. Conscious that be must look for happi ness in congeniality of soul, he cast a glance at the , widow of a worthy citizen in London, who seemed to him, from the fullness of her years, her person, and her understanding, to be well adapted, either to the task of obedience or authority which men alter nately bestowed upon their wives, as temper or occa sion dictated. She was the widow of one whom every man had reason to bless at least mate a day— after shaving himself; the widow of the celebrated Packwood, who had proved that he had thonght her worthy of his choice, by leaving her, in his last will and testament, 4.400 per annum. The annuity was, the Learned Counsel repeated, by no means a pro minent object, although to be sure it was by no means an objection ; for his client sensibly considered, that in the marriage state It was desirable that the sense of inferiority, which the want of fortune usually inspired, should not exist, obligation being a feeling rather remote from love. About four years lago the plaintiff and defendant first saw each other. They were delighted. The widow's eye was lighted up with unusual brilliancy. The plaintiff felt its power ; it was an intellectual eye—not one of that bold and irregular motion which claimed familiarity with a stranger, but conveying an expression of per manent and undivided attachment to the object on a whom it was fixed with a constant gaze. Language soon burst forth; declarations of never-failing affec don were reciprocally made, and the widow Pack wood, who had already been so happy in a husband, consented to try the experiment a second time, and pledged herself to become the wife of Mr. Gibbs; but unfortunately for the client of the Learned Coun sel, her name, though now changed, was not Gibbs. It ought to be Gibbs, for she had' made a promise in the face of HzavEN ; it ought to be Gibbs, for the recording angel had written it down, and no tear, except that of scalding repentance, could ever obli terate the impression. It ought to be Gibbs, for Gibbs had fixed his heart upon the expectation, and nothing could recompence him for the injury he had sustained. The widow was one of the most extraor dinary widows that ever came into a Court of Jus tice. It would appear that she delighted in entrap ping and disappointing men ; for but a little before she became acquainted with his client, another suitor had presented himself, and been promised her hand. A short acquaintance, however, satisfied the Lady, and she turned off her admire!, who applied to the benevolent power of the law, which never faded in healing the wounds inHictesl either by man or woman, and gave him a considerable recompence in damage , . The Lady was now the pronerty of another, but the happy couple were separated by mutual consent, not cn account of any defect in the temper of either, but because she was economically inclined, while he was rather munificent. The Jnry world, it was to be hoped, give by their verdict, a warning to all wi• dows. Several letters, which were stated to have been written by the defendant to the plaintiff, were put in and read, in order to show the breach of pro mise ; and several witnesses were examined. Mr. ABBOT, the Under Sheriff, summed up the evidence, and the Jury., after some consultation, re turned a verdict for the plaintiff—Damages ED. OLD BAILEY SESSIONS, JULY 15. Mary and Sarah Beck were chirged with stealing OM 19s. and a silver watch, &c. from the person of Willism L avalade. William Lavalade met the prisoners at a house in Swan-yard, on the 9Th of May. Ile described the property which he had about him.. Ile was Passing through the Strand, when Mcry Beck. who was crand ing at a door, accosted him, and after some prelimi nary civilities, induced him to walk in. Witness was then introducid to the sister, Sarah Beck ; being in vited by the Ladies to treat them with sometlii:g to drink, witness complied, and drawing a pound note from the cluster of notes, Sarah Beck'went out and procured lull a pint of gin, very honourably return-, ing the change. Witness, beipg drowsy from sitting up all the preceding night, laid his head on the table, and went to sleep. Witness awoke and misied the prisoners ; not at first suspecting the loss of his pro-, perty, walked out ; but wishing to look at his watch, found it wanting, and instantly discovered that he l had been robbed of the whole of his notes alco. Tunler, the officer, was applied to by Lavalade on Sunday, the Pth of May, but did not apprehend either of them till the 17th. They were searched, but nothing found upon them. The season why he did nut go to the house of the prisoners sooner was, because the complainant did not at first know the house or the street where he had been robbed. The prisoners put in a written defence, which pro tested that they had never seen the prosecutor ; it de scribed a variety of mistakes made by the prosecutor at the time of apprehension ; it charged Turner with bein,g a trading witness, who pretended to be a stock broker, while in reality he kept a poor little coffee-shop, and made up his income by offering his testimony on convenient occasions. The Comum: SERJEA NT addressed the Jury. •He thought the evidence did not corroborate the charge ; at the first meeting, the prisoners behaved with per fect honesty in returning the change ; they had not left their residence ; there was none of the property found upon them ; above all, the prosecutor did not know the place where he had been robbed.—The Jury acquitted the prisoners. Henry Axes, a wretched young child, under ten years of age, was indicted for stealing a silver castor top, the property of Jchn Hyde, Esq. The article Was found in the cap of the prisoner, when pursued from the house of the prosecutor. The prisoner cried bitterly, admitted his guilt, and said that his father, who was a plasterer, had turned him out of doors. He was found Guilty, and the Court said an exertion should be made to save him from destruction, by sending him to the Penitentiary. Robert Webb, Joseph Brtckhill, and David Barrett, were indicted for' stealing, on the 9th of June last, a watch, chain, &c. from the shop of William GriiEn. The Jury acquitted Barrett, but found Webb and Brickhill Guilty.—The Court told Brickhill he must expect to leave the country for life. He was well known in the Court. JULY 14. Elizabeth Green was indicted for stealing in the dwelling-house of Mrs. Fawcett, a quantity of books. The prisoner was mother to a servant living in the house, and *as accustomed to come in and out of the house whenever she chose. The facts of the case were plainly proved against her, and many pawn brokers produced the articles which had been pledged by the prisoner at their shops. The Officer who searched her produced twenty du plicates found upon her. The prisoner bore a very respectable appearance, and was rather handsomely dressed than otherwise. The excuse she pleaded in her defence was, that she was in great distress, and intended to return the pro perty when she had raised the money to take it out of pawn. The RECORDER, in summing up to the Jury, told them that this was indeed an ungrateful return for the kindness of a good master. The woman at the bar had been indulgently allowed to come in and out of the house whenever she pleased ; and instead of setting . a good example to her daughter, took the op portunity of stealing whatever fell in her way. With respect to the defence she had made, from her ap pearance, it could not be digress which had induced her to do this act. There was too little doubt that she was actuated solelylsy si wicked feeling.--The Jury found, without hesitation, a verdict—Guilty. The RECORDER then addressed the prisoner :—Pri- I smer, I shall thin it my duty—a duty which I owe to the public—to send you out of the country. Such an infamous character as you are ought not to be al lowed to remain among civilized society. There is no point of law whisk has arisen on your -trial, and indeed it is a most aggravated case. Your daa l h 1. is in respectable service—you gain access to the hoc.e and you have no scruple in committing dri,!ed.rtic,4 upon that family which is supporting your dat1,. 1 1 1 ,,,. If you remain here, r'.ecelit person will take )‘;:r daughter into their sci viLe, ;:nci therefore it is a du,-. 7 I owe to her as w ell as the public, to order ye ur transportation. John Roberts, an old twin, was convictei of 5te. ,•,,,, a pair of boots, from William Shakspeare. Tl.e were not worth a shilling. _ _ On the prosecutor asking for his expenses, tie!:. •.., MON SERJEA,NT regretted that such a trithii9 c. should cost the county so much. _ _ A hoy of tender age was convicted of steal!. -,E 4 piece of soap from a grocer's shcp. The RECORDER told the lad that he should be tle to have a sound whipping, because, (addresi :: ,, l : . , Jury) —" if he comes here again, wl:;ch will be the case, we have marke - a a•ld e may deter some of his rascally companions." Ann Lewis, a wran of the lower orjer, r :;/ dicted for stealing a one-pound note, the John Smith, on the right of the .sth inst. ctitor, a soldier in the (wards, went with t: :"W sicc7 to her bower in the Almonry, Weitntir. and the fair one took ari oppmg.inity c with the prosecutor's small-doilies, co, property.— the prisoner was fonnd Gui.'t dier applied to the Court for his tx,rn.t . RECORDER told him the business il.:,•pei:cd his own improper conduet, and he shou.d act h any—'• But, piew.e your Wc..-shic , ." says the ,old :.- " l wanted a bed, and not being very part!cn' took the first I coull get." ,‘ You might want a . • - replied the 'Recomasn, " but you had no otc to take a bad temaa.: to be..l with your—The sel..r.e: still persis:.etl in l'is Ippiication, and said ha.t t o pay a man to do his rtgraental duty to attendance belke ute Cont. The it:.e.caDea, however, would not allow him his expeltes, and the son of :liars marched cif at shay lime. r Yesterday John Sullivan, aged 19, was crmmittei from Bow-greet, for t. ial, charged with presming 2 loaded pistol at Mr. Col:h7s, of Hinton, with intent to rob him, on Tuesday eveni.l last, near ilortls2r. Wood, after which the prisoner,.who attemptel co make oti, NV:6 puiseed and taken, in conseque. ce d a description of his person being given to the The prisoner's pistol was loaded with 23 sliTs. sorer pretended he had been shooting at spareowc. . UNION HALL—Yesterday Ann Jona a , Welchw3. man, was charged will crue.ly ill-using her child, sit years old. The unfortunate child is the prisoner% offspring by a former marriage. Tuesday evening the neighbourhood in which she lives, was alarmed by faint cries of " Murder 1" The sound of blows was then distinctly heard, and u it proceeded from the prisoner's house, a mob assembled and broke oixa the door, when they found the poor child on t:a.• flea, his hands and feet tied tightly with a si!k haadker• chief, and the prisoner standing near, with a thiti hooked cane in her hand, with which she had heel beating him. The boy's back was shockiTzly se:ri fled; in some places the blood came through, and in others welts as thick as a man's finger were raised, and the blood started on each side of them ready to spout forth ! The people were so indignant azlinst the prisoner, that she w•nild have been torn to pieces if an officer had not been soon procured t., take 11:: into custody.—Mr. ALLEN, the Magistrate, having examined the child's back, expressed horror at the state in which it appeared, and asked the •prisonzr what slie could say in exte wation of her unnaturnl conduct, for to justify it was impossible?-Bhe sai.i that the child had stolen sixpence and spent it ; ht she did not then chastise the boy ; he promising never to be guilty of the like again : but having lee: him at home by himself in the afternoon, he be:tmed rudely to a little female child about his uwn age; and here she entered into a most improbable tale— Mr. ALLEN wholly disbelieved her story, and ordered the parish officers to be sent for to carry on tit^ pro secution.—The prisoner was held to bail, in default of which she was committed. Four villains, w ith their persons disguised, apreard at the back dcor of Nettleton Farm on the Furey„ -ti miles from Farnham, on Sunday night last, and de manded admittance. Sarah Larken, the maid-ser vant, refused to open the door, and went to inform Mr. Heston, the master of the house, an infirm old man. During the interval, the door was broke open, and two of the men entered the house; the others re mained on the outside. They fastened the farmer M his chair, and took the servant up stairs, when they broke open every lock, and obtained a booty in money to the amount of between £4O and £.50, together with some silver spoons and other articles. They next r:galed themselves with elder and currant wines, strong beer and pork. Two of them were for murdc:- ing the servant, but were prevented by the interposi tion of the others who joined from without. Before they left, however, the servant was cruelly beat with a stick, and fastened into the cellar. The robbery was not known until ten o'clock on Monday, nor was either master or servant until then released. • Hopes are entertained that the villains will be traced. Two youths, of the names of JACKS and ilutaxi- SON, the former a school-boy, and the latter an ap prentice to a draper, in Portland-street, fell out oft boat, and were drowned in Chelsea reach, on tle evening of the shorn naval engagement. There were six of them in company, and when they left Chelsea for London, some of them were observed to hart drank very freely. DIED. On the 31st May, on board the private ship Sarah, bound to Bombay, Mr. Richard Norton, s-coed officer of that ship. Saturday, at Huntingdon, in the BCth year of his ar, Jells Lawrence, Esq. many years senior Alderman of the Corpo:aus: of that tow I. Tuesday :no: trine, the 29th ttitimo, in the 18th year cf brt age, at Thori:e Hall, in HMV r, Jury, only daughter of Grow Marshall, Esq. of Spanish Town, Jamaica. The unfortunate gra premature death of this young woman was caused by a fall ft= her chamber window in the course of the night, in her MAILS THIS DAY,...—ARIL. DUE. Dublin I 4111. DM 0 1 1 0 0 1 Waterford e 1 0 ' France Guernsey and Jersey 0 0 Hamburgb Iloaland 0 0 Gottenbnrsh 1 0 Flanders 0 0 Malta • 0 0 HIGH-WATER at LONDON BRIDGR TO-MORROW. Mt.rning . - 53 minutes after II Afternoon - - 26 9 _ r[1 : 1i17; Platt, Tani? • ...-2..-! s i r ! , ...------- tkrov'z' tact,' octo Ice *AT Pen Pr ° Ti ial , V ~, gas•. CLE T` f,.~~., Cu Tres' atto: I:v the gain of r. SOCI B 1 The Bob Wit Mal LAI g laec lam are ; Sun 1684 Gra J. 1i