Star. — London, England, 1819-12-27 00:00:00

k • Pt . I :.. ~ ' • L '' 1 i 1 . .. .. . • r V ... . .1 4 1 . r 1 ' • • •I I •‘• I L i . ~: „ LAW INTELLIGENCE. SHERIFFS' COURT, BEDFORD-ROW, DEC. 24. BREACH OF PROMISE OF MARRIAGE. CO4PTON V. WINKWOItTH. This was ;1.1 actin to recove. co.npensation in da mages for a breach of promise of marriage. The ac tion was originally broup,ht in the Court of King' s Bench, but tha defendant had suffered judgment to go by default. Mr. Arompuus rose to address the Jury, on the part of the plaintiff. He stated, that in 1817, the defendant loespened to s:a the plaintiff at the house of a mutual friend, and soon after declared to an acquaintance of hers, the attachment he conceived far her, expressing, at she same time, a wish to be introduced. At that time he said he was in hopes of succeeding his uncle, and that, when master of the business, he was determined to make her His wife. The defendant was then in his twentieth year, and the plaintiff eighteen. That such was his de termination ; that such, at least, were the promises he held out, would appear from his own letters, written to her at various times. They would prove, that he felt and expressed himself towards her in the way naturally to be expected from a young man paying his addresses to a young woman, of whose virtue and worth he entertained no doubt. He had a whole volume of the defendant's aaorrespondence to produce in proof, if any doubt should remain on th'e minds of the Jury, after hearing witnesses. Ge.. torally speaking, there was nothing more nauseous than letters of an amorous description. Even when ccming from persons of education and literary at tainment—from those in the very highest classes of life, the nature of the subject itself gave birth to a romantic extravagance of mind that naturally ex pressed itself in language, which, to sober judgment, must appear somewhat ludicrous. Some of the de • feocianes letters were, no doubt, in many parts, per haps, ridiculous. They might excite a smile ; but youthful minds, upon such occasions, communicated their feelings in the best . manner they could, and the very extravagance of the style was, perhaps, a proof of its sincerity. He said this, because there .thight be, among the collection he had to offer to the Jury, some lettets calculated to make them laugh ; but still they could not fail to consider them important when they looked to the seriousness of the conse quences that followed. He always wrote, if not in the most polished languaae, at least in terms of the utmost endearment. Ile expressed his determination to make her his wife ; said he had been informed that hi, friends were against the match, cut that if prevented from it, suicide should terminate his ex. istence. In one letter he.mentioned the manner in which he was desirous she should dress, how she should demean herself, and what he thought would be necessary in her conduct to fit her for that situa tion in which he was about to place her. In another, Ix informed her that his affairs were settled, that he had purchased his uncle's business for £2OOO, had laid in stock to the amount of £lOOO, and that he had other proi:erty besides. In a third letter, he spoke of their approaching union, and described the ring he had purchased for the purpose, which he fa cetiously called the padlock ! After all this, without any cause assigned, without the slightest pretence of unworthiness or misbehaviour on her part, without a single word of excuse or apology, he suddenly an nounced his intention of dying a bachelor, and re• nouncing all thoughts of matrimony. This, however, it would appear, was nothing more than hypocritical a• profession. His motives for breaking off were very different, for he very soon after !harried another person, to whom he had been introduced by the plaintiff. He would appeal to the Jury, as fathers, as brothers, whether this was a case that should be allowed to pass unvisited, he would not say by vin dictive, but, at least, - by exemplary damages? It might have happened that a youth, without expe tience, in the morning of life, and under the influence of ardent passion, beguiled by the fascinations of beauty, or the artifices of cunning, had made profes sions of an imprudent attachment, ruinous to his prospects in life, and every way unworthy of his fa mily and himself. Under such circumstances, a Jury would, perhaps, hesitate before they would award da mages. Such were not thecircumstances here; the de fendant could not plead the excuse of extreme youth oa his part, or of cunning and seduction on the other. Here was a young woman, whose heart was wrought upon by professions, long continued, of devoted at tachment—whose confidence, and .:hose aflections were gained by that appearance of sincerity which must always accompany repeated promises of mar riage; to whom visions of future pleasure had been opened ; who was taught to look up to the man by whom she was rejected as her future guardian, her partner through life—him with whom her pains and pleasures were to be shared. Here was a young wo man, filled with these pleasing and. virtuous anticipa tions, all at once, and without cause, thrown into the frozen region of bitter contempt, to bewail that most painful of all slights, which females forget with most difficulty,—which, in truth, they never cease to re member. Such wai the effect it had upon her mind, that had it not been for the vigilance of her friends, she would have succeeded in terminating by suicide a hated existence. She was obliged to leave the country, and was sent to some distance, to avoid the shame of being pointed at as a person rejected and scorned t , y the man whom all that knew them looked upon as her future husband. But change of place could not change her feelings—could not cure the wound so wantonly and cruelly inflicted. She still Lore about her the pain of rejection, of withered hopes, of remembered love; the sense of unmerited contempt, and the recollection of' perfidious promises. Where could a person in her shoat* seek censolaa tion? Not in the society of f: iced; whom she must llc ashamed to meet—not in the anticipation of a new attachment, for an indignity like this, without cause or excuse, would naturally, in her mind, give every izr ofession, however sincere, the colour of a falsehood. naturally suspect that every tram was like im she was• so cruelly deceived. Under lunsrances, he looked to the Jury for large 2l dam-ages. As Etrglishmen, as fathers, ters, he called upon them to say what they -,rd to a young woman upon whom so tad been inflicted without cause or excust. arming was then called. He knew the hand- ; . ; .. • I • I I • • f • - f ' • L 111 1: ;.1 • • tlhe would n hini by whor , these circam: and liberal and brothers, • vrould away • • nun!) pain h; .' I Mr. 'Mann • r , 4 : 4 • writing of the defendant. The letters produced wer written by him. . , Mrs. Compton—l am the mother of the plaintiff in this action. She was one and twenty last May. The defendant paid his addresses to her rather more than two years ago. At that time my daughter was living with me. lam a Widow, and carry on the, farm which was my' husband's. The defendant wrote to my daughter. and I saw the letter. 1 thOught him a very respectable young man, and had no ob jection to her receiving his addresses. I knew that my daughter received many letters; he came often to my house; his addresses were perfectly sanctioned by me; he never made any complaint of my daugh ter's conduct ; he said he should make her his wife as soon as he was in business. My daughter and he continued acquainted upon these terms for a year and a half. At the'end of that time he called upon my daughter, and I understood he wished to break off the match. I asked him the reason, and he.said he had no , eason, sir.d might again visit my daughter. l He has since married another person. The effect produced upon my daughter was very serious; she was very much hurt ; she .could not be left by her self; her mind was so distracted, that I was afraid she would have made away with herself. She was obliged to leave that part of the country, and now lives in London. The ring produced was given by the defendant to my daughter. Cross-examined by Mr. DcNMAN—I lost my hus band four years ago; I was the head of the &May, and gave my full approbation to the addresses of the defendant. It was about a twelvernonth last June he talked cf breaking off the connexion ; he was then about twenty-one ; I did not know the defendant's tither ; I have seen him—but never spoke to him on the subject of his son's marriage sakh my daughter; my daughter told me that the defendant had asked for his letters and his ring. I asked the defendant what reason he had for breaking off the match ? I believe he spoke something of his friends having some objection. This was in June . .twelvemonth ; he was married in September last ; my daughter now lives in London, and keeps a haberdasher's shop, and I live with her. She had learnt that business. The letters, as described by the Learned Counsel, were put in and read. One of them, dated October _ _ 11, 1817, had the following " P.S.—Your sweet handwriting is wanting, hope you will oblige me with it, if not, I shall be very low spirited. My Dear Girl, hearken to me, " If you loves I, has I loves you, " No knife shall cut our love in two !' " Saturday Night, 12 O'clock, a few Kisses." In another he says— " My Dear Harriet—l write these few lines to inform you of my intention of coming to see your sweet precious face this evening, wet or dry. My dear Angel, I Owe you to my heart. I have an enemy or two—but they 'shan't binder me from hav ing you for my wife—bars, locks, or keys, shan't hinder me. I Wish marry you for love—l don't care for money, as some people do. I love you, my dearest of women, more and more every time I see you. My dear Ht. your's, truly," &c. A Postscript says, " Shall come on horseback, as am not able to walk—have lot a very bad toe !" A letter dated Guildford, August 29, has the following pre cious runway :—" 011! you bleared Angel, who can help loving such a sweet girl as you? I cannot; you are the idol of ray &Ic, my dear Lamb! IT you was here at this present time I could nearly squeese you in two. I love you better than any Damsel in the world. I wish the time was come, my dear H. for us to be married." In the following he addressed her as his wife:— " Guildford, May 11,1818. "My Dear Wife—T write !here few lines to inform you I got home quite safe last Evg. by a little past ten O'clock. lam very unwell; indeed, today; have a very heavy pain in my stomach ; hope you are well, and hope you will not go to fair to-morrow, has I think you wiU over fatigue yourself. I think you ought to stay at home a little mere, and not run about so much ; have scut some plaister ' which forgot to leave last Evg. with love from your Intended Husband. And I don't care how soon. " W. W INKWORTH." After some further evidence, in proof of the facts stated by the plaintiff's Counsel, Mr. 'DENMAN rose to address the Jury in miti gation of damages. He said he had no doubt they would feel with him, that cases of this description were of a very unpleasant nature, both for them to consider and for an Advocate to discuss. It was im possible not to feel too, that the natural inclination of their minds would take part against any argu ments which lie might feel himself called upon to address to their notice. They would observe, how ever, that in this case his client had not thrown any difficulties in the way of those proofs, which it was necessary to adduce in order to support the action ; neither had he, with reference to this young Lady,. attempted to throw the smallest imputation on her conduct or character, or to screen himself in any way, at her expense, from the consequences of an act which, to say the least of it, was extremely re prehensible, and for which he was molt properly liable to .the payment of a temperate and proper measure of damages. In looking to cases of this description, however, it was necessary to take into view all the circumstances connected with their pro gress, and to see the motives and feelings by which a defendant might have beeii influenced. There was no class of cases in which there were greater shades of difference—and in proportion to the aggravation which was exhibited in those shades, the punishment: of the offender ought to be estimated. In the present in stance, he would ask the Jury, whether there was any thing more before them than what was stated on the record, and what his client had himself admitted, namely, that he had formed an attachment to a young woman ; that he had entered into an engage ment with her in consequence ; and that he had sub sequently abandoned that engagement ? He begged not to be understood as saying in the abstract, that this was a venial offence. He did most certainly ad-' mit and feel, that it was not an offence which could scarcely be palliated, and which, under any view, was calculated to create a great jealousy in the minds of a Jury. In drawing their conclusion, however, he trusted the Jury would take all the bearings of this case into their cool and dispassionate consideration, and give that verdict only which the facts would jus tify. He hardly knew how it was possible to state a case leSs aggravated than the present—less injurious to the individual who complained —or less involving those circumstances, either with regard to her ho nour or to ber feelings, which would entitle a young woman to ask large damages at the hands of a Jury. How did the case stand, as strongly stated by his Learned Friend, and as strongly proved ? Here was a year and a half of uninterrupted expectation on the part of a young Lady, which expectation was after wards disappo►nted. This was the whole strength of 'the case. The Jury would; however, turn their at- tention to the manner in which the courtship. had 'been carried forward, and to the - manner in which it had been broken off. When they looked to this, they ivould consider whether the two families had been united in friendship, or by relationship? Whether 'the attachment on both sides had grown up under , the approbation of the natural guardians of each ; and whether, in point of fact, the father of the defendant had not been kept in total ignorance of what was going forward? It appeared that the young man I had lodgings in Guildford, in the neighbourhood of his ,uncle; and that, without the possibility.of his friends knowing any thing of what was passing, he was. allowed, if not encouraged, to pay his addresses to this. young Lady. And here he could nut help complaining of the conduct of Mrs. Compton, who was acquainted with what was going forward, in having permitted the clandestine attentions of this young man to her daughter, without, in the first in- . stance, ascertaining - whether his .father, whom she' knew; was acquainted with, or approved of the con nection. It was seen that every opportunity was of forded to this young man tb prosecute his courtship, and yet no complaint whatever was made of any im propriety of conduct on his part—nothing which could wound the feelings of a virtuous young woman, or which could in the slightest degree reflect upon lies character. Undoubtedly, when young persons were thus permitted to be together without restraint, it was natural that'a mutual attachment should arise; hut while he admitted that such feelings did subsist between'those parties, he must say, that it was more to be attributed to the treachery of those who brought them together, than to any mature design - of the young man himself. What ought, he would ask, to have been the conduct of Mrs. Compton under such cir cumstances? He would appeal to his Learned Friend, and to the Jury, as fathers and brothers— for he thought, in such cases, they were justified in giving damages with reference to their own feelings —what would they feel at finding their daughters or sons entrapped into a clandestine connexion without their knowledge or privity.? Let him put it to them, Supposing, as parents, they discovered that their son or daughter had been induced to form,an attachment with a person whom they might have just reason for disapproving, would they not think themselves jus tified in the exercise of parental authority to pit an end to a union so rashly contemplated? This had been precisely the case in the present instance; every thing had gone on in the dark ; the father of the plaintiff was kept in complete ignorance of what, was going forward; and the moment he ascertained the imprudent step his son was about to take, he inter posed his authority and forbade the match. And, indeed, from the language of this young man,.which was of the most absurd description, it would seem that he was himself extremely incompetent to judge what sort of connexion might ultimately be for•his own advantage. The letters which had been read, it was true, had been written by him when in his minority ; but even allowing that, they were certainly beneath the usual run of the human mind at that age. When such a declaration as this— " If you loves I, u I loves you, " Nu knife shall cut our loves in iwo"—• was made; and when, in another letter, he talked of the heart going " bump, bump, bump," and " that he did not know what , to do for love," were consi dered, but a poor estimate indeed could be formed of such'a lover; and, in his opinion, the young Lady had not much to regret in being relieved from his importunities, at least he thought such a suitor was extremely ill suited to a delicate-minded young Lady. The Learned Gentleman then again adverted to the fact of no notice whatever having been given to the father of the defendant, although he was fre quently at Guildford-market, of what was going forward; to the facilities which were afforded by die friends of the young Lady in carrying on the courtship, and to the necessary consequences to Which such facilities would lead. An attach ment of course followed, and they all knew when the blood boiled, how prodigally the heart lent vows to the tongue. The circumstance having been discovered by the father, however, he felt al his duty to interfere r and under his authority the 'match was broken off. This was the whole sub stance of the charge. • He did not mean to deny that the young man ought .to pay fcr his folly, but then,' it should be recollected, that this young woman had been, in no respect, injured, except in losing a hus band possessed of such a mind as the letters of the, defendant bad displayed. Her character was 111).' blemished, and her virtuous feelings had been, in no respect, shocked. She was, in fact, just as likely to' rt a good husband from her shop in London, as if ate had never seen the defendant, and was just as estimable as if she had never been annoyed by the glowing declarations of his " precious love." He repeated, that he did not mean to justify the course which his client had pursued, or urge an argument which was not perfectly in consonance with the feel ings of the Jury as husbands and fathers; but he trusted, when they looked at all the shades of the case, they would..be of opinion that the most mode rate damages would satisfy all the ends of justice. le th e a e se d t e o fe t h n d e a d n u t 7 C ; i u n n sel doing ha wch, he Mr. HENCHMAN, the U n d er Sh er iff, now prtceeded that o re to m su a m rke u l ti day found an excuse for his conduct, which he had been un able himself to find when he cruelly broke off his corn nexion with the plaintiff, without the slightest anis conduCt on her part. The defendant had acknow ledged his offence, and the Jury had only to esti mate the damages to which the plaintiff, for the very serious injury which she had received, was entitled. In doing this, they would look to the property of the defendant, who, it would seem, 'from the evidence brought forward, was worth, at.least, £3OOO. The Jury retired, and, after a short absence , re turned, and stated, that they had assessed the da mages at £5OO. J. and J. SIVEWRIGHT i the Cowractors, have again the pleasure of announcing to the Public the Success of their Offices in the last Lottery, where No. 1,650, a Prize of E2C.000, was Sold by . them in Shares.— The New Lottery, of which 5,000 Tickets only are on Sale, will commence Drawing on the 12th JANIP ,ARY next, when two of the Fowl Prizes of 4;20,000 will be decided in the First Five Mintit.s. It is in the recollection of the Public that J. and J. Sty Elution; lin the last Lottery Contract, also Sold No. 3,710. a Prize of £36,000, at their fortunate Offices, No. 37, I Cornhill : 38, 'Haymarket ; 11, Holborn . ; and 141, Oxford-street. CLERICAL ISTEEZIGE.NC2. OXFORD, DECEMBER 25. The whole number of Degrees Li .Michaelmas D.D. three ; B.D. one ; B.C.L. two ; M.A. thirty ; five. Matriculations ninety-five. - Sunday, at an Ordinition by the Bishop of tit:3 the Chapel of All Soule College, the following Genf ordained: DEACONS. William Taylor Garnett, M.A. Curate of Stzatton A, Tboniay Wyatt, B.A. Trinity Cone:l;e, Curate• of I and Claydon. Wadhatn Harbin, B. A. Fellow of Wadham College. Donald Cameron. B.A. Scholar of ditto. I .Robert Grant, 5.C.L.011. . Fellow of New . .gz. Frederick Charles Spencer, B.A. Christ Choreb, Wheatfield. Charles Miller, M. A. Demy of Magdalen Carp. William Moss King, B.A. Student ul ist Church. John Hunter Fawcett, •fitto. • • .Alfred Butler Clough, ILA. Fellow of Jesus College.. John Alorn , ll, 13. A. Plubl:tionary Fellow of Brastnta William Hiley Bathurst, 13. A. Student of Christ therch. Thomas Farley, B.A. IT.:nly of Magdalen C 4 liege. Josiah ForsliA, B.A. FelloW of Exeter C'ellege. Henry John Disbrowe, 8.C.!. Fellow of All Souls f Edward Henry Dawkin., ditto. IL Harvey, B.A. Fellow of St. John's College. Charles Dethie Eflyth, ditto. William Lewis, B.A. St. Mary Halt, Curate of lletlie. PILINSTS. Thomas Griffiths, B.A. Fellow of Wi•dham College. W..lter Powell. IL A. Scholar of Jesus College. John Woodcock, M.A. Chaplain of New College. James Walker, ditto. James hutchins, ILA. Chaplain of Christ Church. Charles Fulmund Keene, M.A. 'Fellow of Al) Souk' I James Forbes Jowett, EA. Fellow of Sc. John's Col 'William Lewis Davies, ditto. John Antony Cramer, M.A. Student of Christ Church. John Jones, B.A. Chaplain of ditto. ECCLESIASTICAL PROMOTION& -•- - - - - - - The Rev. Ili.nry Freeland, M.A. of linanaLuel-Elltj ,ridge, to the Rectory of 11.hketon,auffolk. The Rev. Robert Ilitherst, Mi, to the Rectory el nd Vicar:lg; of DGclting, Norfolk. The Rev. William IletuteU Black, to the perpetual 1 / 4 Wormegay, Nuretik. The Rev. Henry Mlriran, of Viskia , Glatnorgaushire, 7iearage of Brineop, veal- nett ford. • The Rev. I:;;bert Wood, 1)4). late of St. idles Cambridge, Vicar of Cropwell Bishop, and l'haplainaf ham County Gaol, has been elected Head Master of ham Grammar School. Dr. James Saurin, Dean of Der: y, has been cocsecratt, of Dromore, in Armagh Cathedral. Thursday, the Rey. Ale:ander M•Leod was er&iced, Presbytery of Dundee, Minister of the Cradle Chapel t" Mr. John Anderson, l‘linister of &Ilk, ar.d Comi to the Duke of Gordon, has resigned tra the Presbytery bogie the former of these offices. Yesterday, the Chapel in Newgate, was mast merously attended, to hear a sermon, preacher' the Rev. Mr. COTTON, to the three unfortunav factors, who are to suffer, the one on Wedues& the other two on Friday neat. After the serm( received the Sacrament ; and, upon being cot. from the Chapel to their cells, they all delared resignation, to the just award of the law. RTR Dec. 17, the Lady of the Rev. A. Campbell, Rector lazey, of a daughter. Sunday se'nnight, at Blackburn, Lancashire, the Lieutenant-Colonel Tryon, 88th Re giment, or a :beer Dec. 18, at Archtliffe Fort, Dover, the ady of Ca' Royal Enghtsineslis daughter. mm ca m 4 who rick T,-r., ; 11 2.. ; Di , c I :llttr.ta Ake., f •••••••,-- ;e. b, C. , 14 ° ch. lOW !;!( OM it B i g tit Coll Ea t • a le I ethe. wee b e so • en? , T Lie Colle ze Colleg e . lurch. mm carn NS. Tarit College C. : who rick of Teper be h toal amain, to • cht's aiu cf Na:. lies :t and eetattd Yllt ni rt:c1:1" thus rr 41-:° Lapel ey r nl 1 3S MOSt reached mnate . iiesday, at H sermo:, th ad tg colNer lelared the . Lector of Vl' , the L.rdy dang!rtr. F ro Lererrn 1" Woca:wa:ci. Lae Vigor. to amlott Ll St. Leger, ietwon..l the late __— tarly cvcp!e• A:c:.. 1, in the trznerl. Printer c )PLE WALES iers to • (;, as it Sotiatitti DO/11 Ll it• 1 sups., it is MC .11117£11. Lrevr. 'anion DISEAS . n a r.v. his at Tn. to gejte.:7 t of die iit Ir"' dill oc! Chro:e: pw sr.:: • 'red o epsrv. o. 9, fir . :tchOe•' at nigh' dk ec tors h's, ndty tid Ireltrd f the i'l3 IRltt/U. ter 11 3$ - ~ - ~M InIED. Tuesday, in Glanworth Church, the Rev. Jchn Lever Yukon, to Susan, eldest daughter of the Rev. Dr: Woe4l Thursday se'ncight, at Clifton Church, tc - azr:', to rmuy,!iecond daughter of the Rev. J. Stu,house V' Dec. 18, lieutenant-Colonel E. C. Firming, to I youngest daughter of the late Lieutenarit-Gereral St. Baker-street, Portman-square. Dec. 17, at Lincoln, Sir Richard Sutton, of Now, Notts, Bart. to Mary klizabethi eldest daughter of the jams Barton. DIED. Sunday se'nnight, in Wimpole-street, hawks nearly criri his 15th year, Jacob William, the second sou el JeLs A:, Haublon, Esq. M.B. for the County of Essex. At Hampstead, the Rev. George Bevan. At the Parsonage-heese, Bishopstrow, Wilts, in the year of his age, the Rev. W. Williams, Nt.A. formerly Fdict of Oriel College, Oxford, and twenty-5w years Rector of abo►e parish. Dec. 15, at Edinburgh, Dr. Daniel Rutherford, Professor Botany in the University of Edinburgh. At her house in Castle-street, Mrs. Mure, widow cf William Mure, Esq. of. Caldwell, one of the Barons of Lis jesty's Exchequer in Scotland. At. Lausamie, an the 28th ult. Mrs. Colonel Gerard, Rochdale. Early in November, on his passage dews the Guitar Se. Lot rence, Captain Joint Thompson, of the Dispateh,:ef Wcrki.l ton, aged 03 years. At Valetta, in the island of Malta, on the 6th of Novetrl . erj of apoplexy, with which he bad been attacked oo the pseeet.irj Thursday, George Ogilvie. Esq. LLD. one of the Alagi4r;.4 l of the Island, and formerly of Doctors' Commons. Dec. 5, at Dover, aged 13, J. Moss, Esq: late Paruaster the 64th Regiment. Thursday se'nnight, Anna, wife of the Rev. John Ri/and Rector of Sutton Coldfield, Warwickshire. Wednesday, at Bath, Mrs. Cradock, aged 90, relict of Cradork, Archbishop of Dublin. Lately, Mrs. Wheeler, wife of Mr. John Wheeler, The Mattehealcs Chroxide. 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HIGH-WATERat LON UON BRIDGIK TO-MOIC - - 40 minutes:fur Atknassen - 0-- limrietßas.