Star. — London, England, 1827-12-06 00:00:00

iNNINgItY AND ILL•TRRATIINNT 1W HYDI Max. • Th e o Sessions commence this day, at the Sestinna in the o.ld Baler, before Mr. Baron Ijoia.oct, istice LITT L IDA Lit, the trap MAYOR, RitCoßDalt, nine o'clock the Grand Jury were ind le. iied to dim room. The 'Petit Jury were fn, and at ten o'clock the Judges took theiraeats bench. There are on the present occasion nearly prisoner , for trial, several having been committeci the making up of the calendar, kmongst whom tto find a most serious ca s e, namely, that of man charged with the crime of robbery and in the house of his Master ; for cutting and maim ,i; manslaughter two; one for murda, and no than four for receiving stolen goods. (Ann Raker was put to the bar, on an indictment nog him with assaulting, in a certain place near ing's highway, •iz. near Grosvenor Gate, Hyde on the 29th of October last, about the hour of o'clock in the evening, Richard Luscombe, and from his persiin four sovereigns, four shillings, a id an umbrella, his property. The facts of tha, as sworn to by the witnesses, were as follows: t he evening in question, the prosecutor was passing .itosvennr-itate, when-the prisoner came up to him said," You . had better take the Park, as the road is dirty: The prosecutor declinrd doing so, and the 7, testfi atroath, said he should not go in that way,, imnieitately used constd-rable violence towards villa be followed up by robbing him a; before , Th• prisoner then ran away, but in consequence alarm given, was pursued by two soldiers and other persons, and eventually secured near Buck:. im Gate, towards which he ran... A handkerchief, Ila,, and a • glove, -were subsequently picked np, **le s% or n•to by the prosecutor. The above facts' been sworn to, the prisoner was called on for ience„ He merrly said that the prosecutor had the tharge of robbery against him (the pt isoner), luence of the latter having evinced a disposi give him into custody, in consequence of an hawing been made on him by the former. • . CLAKKSON and Mr. ALLEY, jun. conducted the irir the defence, and cross-examined the witnesses :Mutely, but tailed - to elicit the slightest deviation the evidence' in chief, or in the least to affect the. ler of the-prosecutor. -• Baron HutLoat summed op the evidence to the with his usdal perspicuity, and put it to them - they .could entertain any doebt as to the the part of the prosecuti-n? If they belie,'ed rosecutor and his witnesses, there could be finer . or the phones's guilt, and under all the circtiM snares, his Lordship saw no reason for their disbe - the testimony which had been given. • • Joey consulted for a few Minutes, and then re. On their remits, they brought in . a verdict of , Death, against the prisoner, having been absent one Flour. The Jury recommended the prisoner to mercy. LEEDS, Dpcsmsis 4. • tDFUL KNIMUNTEE KETWEEN POACHERS awn MEKEIEPIM—ONE MAN KILLED, •ND OTHERS -alltßatlt Fnday ev,enieg, one of the most dreadful affrays we remember' occurred on the estate of Sir George Bart, of Kirklee. Hall, near Huddersfield. sashes of men met together, and, it is conjectured, aware' of the absence of the worthy Baronet . at :oneert et Wakefield, resolved to enter his grounds sh of game, - and they commenced their design (ate hour at night. The party consisted of about several of whom were well armed, either for lag game or for repelling those who should resist A. They had not long been occupied when they came close contact with the gamekeepers and their assist about half a mile from the Hall, and near to Nun. After ' , line patleying aid many threats, each the pa ties apparently determined to try their 7th. The deadly contest commenced, the game. and watchers fighting at tearful odds, using no of defette but the bludgeons with which they armed. After a stout contest. and not before had been spilt. the gamekeepers were worsted, Iht.safety is flight. An express was as soes as sent off to Sir George. who arrived shortly 'le result of this dreadful encounter is, that Balmer, a watcher, was killed ow . the sposby from a bludgeon. John Green, keeper, and George Clayton, watcher, so bruised in the head os -to leave bet slight hopes of recovery. John Clayton, bro ther to the last-mentioned, received twenty shots in the nen, and about halt a dozen others of the game a's party were seriously injured. Five of the as are in cmtosly. It is said that nine others absconded.—An Inquest Was to be held yester -011 Bulmer by Mr. Socks, Coroner. Leeds Patriot. Yesterday evening Mr. 1141 NT, of Kilburn, left his and chaise at the entrance of Exeter Change, in cafe of a stranger, who took ofrthe bridle in order ire the horse some hay, when it started off down Etrand, and running mt-the pavement, knocked An ell Lady and her two daughtets, who were ievertly ; it nest felled the son of Mr. like, - , kseller to the earth, who w , •as rendered insensible, el'ere.ly injured in the head ; ha was taken to the lap of Mr. Stanton, surgeon, who afforded every as. While operating on Mr. Hone, three other who had received injury, were brought in and relief. Mr. Hunt, on hearing of the disaster, at the shop, left tits asidrens, lamented the cir -e, and promised to snake every compensation power. StfilOUS ACCIDENT —Yestrulay 'morning, between ' god nine o'clkrck, the neigibondiood of Spa immeliately adjuiuing Goucester•etreet, wa , alarmed by the cries and screams of females, "a a Cumber of men were seen running from every th'eetion rewards a large heap of dust that bad bees and at which a number of men and woof* employed in sifting for brick making. It was thit tl.e labourers had so undermined the beep . a great ma ss of it felt, and had buried some of Owe employed. A number of hands were soon col kned, who with shovels removed in a short time the hpetiocumbeot heap, and brought out ass elderly man. !such bruised, and his right leg broken just above the !aele. The fracture was of so severe a nature that .4 bone protruded through his stocking, and the goes relloar Was much •exhausted. The attention of the' !° ll m"n was the n di recte d to t h e cr i es of a females' 4 :eY soon uncovered her face—her gem" "d screams 4 eo then dreadful, a n d i t was near a quarter of.*, 'ear before they could completely' extricate her ins !cid it is wonderful bow she existed so long. her bqdy elf% doubled in so peculiar a way, and her legs being 40 doubled up in an opposite direction. When taken tit she was quite exhausted. and for a few mommas ' leared lifeless. She was dreadfully bruised, and one Ot b.ith her hies dislocated; her lower lip. was alri Iletely cut through. The poor creatures west re. abutters to , Bt. Bartholomew's Hospital. ' • 'Theo Sea !louse, in th' Mt. Justice 1 Aldeitnen, worn in , ,n d t h e n sworn, I se the bench NO prisoner pige the mg ✓ ir e regr , ttv y oa ng man arson lathe t a jog 1110; ON less than Ina William I ▪ charging hie the h p,,k, on the • eight o'clock 'sting hom hat, and an 'a case, as swot ▪ Oa the eve b near Grovel Ed said, " 1 e very duty. * 4 Prisoner, wit] • a nd =melt I. I j 14 ,161Ch s stated, lII' of the alarm 4 soot otber I ngham Gat , ▪ ambrella,, al k a which were to having been i c s his de,ence, • Ede the P*. a consequei Mato give i. a a ttack !main , 4 Mr. CLAN o me far the L k ' most minute !volt the eve sr characier of Mr. Barns sal' J u ry with h wa • whether the n. or, dcnce on the of the ptolecol doubt at the vas. it- maces, hi! mg tiering the t be The Joey be h , ed. On I Gsilty, Derr for one hen: The Jury kip DRIADFUI ha% GAMEYE le- .111061tlitt Fnday .ev Le MT, remelt • Armytige, • 1 outobes re• beorz aware ▪ the Concert search n at a late ho . done, Sc' tilling gun them. They b in close con ants, about or - took. Ali iy of • the pa strength. ' s• keepers and SI weapons of 36 4i p were urine Wort bad sad sought I a possible, se after. The Beira Buie et blows iron George Cla leave bat it the' to the ' a abdomen, teepees pa • poachers al •••• kat abseo ill On 33u1 • Yesterda butte and the care of to give the the Etrar,d down An o] japted see Ins. the liooksel t he ;IA :ererel the 'hop of M ea . Nance. ' dal'? Pasant sch ,tom attired re 011.• tilled at el s tateitance, Vet it pow( va . SifflO&S a ( Jet sod use.. , olds, imn trly %caul ala 114 d a too sag detection tt 30.1 collected, allf- wee empi •it ( clod 'list the th, t a gee Aoi those emp. , • Jetted, who riaetineura i I touch bruit rtes mole. Tb ; :4 bone p in. 43 0 ,,, pia ig *olklnen Fey soon t es acre thee tr :oar berm !tecl it is « oing daub iso double i ,be wa cri •i)peared li not b.)th - 4 1pletely tired Da a LAW INTELLIGENCE: „ . COURT 01 CR4NCERT, !imams S. The Court lei occupied isotiktwo o'clock, when the in . in hearing this arguments An appeal cue of " Stevens and Guppy," which re• mined unfinishid. . •At the rising of the Court, ?(r. MARTIN applied for is Lordship's order that an old appeal of " Corbin and Coefoitr might be restored to the paper. The ap plication was made under these circumstances s—Two years ago the appeal came on in its usual course, and was fully heard before the late Lord Chancellor, who promised to give his judgment in it. Lord Eldeu had, however, never found an opportunity of doing so up to the time of his going out of office. He afterwards of fered to give his judgment with the consent of the par ties; and although the persons for whom he, Mr. Mar tin, appeared, were quite willing to accept and abide by that judgment, the opposite party, who feared that it might be unfavourable to them, refused to consent. There was no course lefr, in order to bring the matter to a decision, but by having the cause reheard, and it was for this reason that be now applied to have it re stored to the paper. The L:.111) CHANCELLOR said, it was inconvenient as respected the practice of the Court, and most unjust to the suitors, that causes should be thus introduced, to be heard a second time, and to the postponement of the regular business of the Court. He would therefore apprint slate days, perhaps two in each week, for hear ing causes similar to this, so that they might not inter fere with others which bad a right to be disposed of in their due order. VICR.CHANCELLOR'S COURT, Daczusia 5. EX PARTZ HOPKE IN RE EMIR BROTHER 3 AND CO. His Honour gave judgment in this case, which was argued during the last term. The facts of the case were these:—Hopke was a mer chant residing at Oporto, and Butler, Brothers, and Co. were his agents. On one occasion the plaintiff sent ; over as: order to his agents to purchase him a quantity cliron when the priceof that metal should be at a cer lain sum per ton; and enclosed two bills, one for 7001. and the other for 2001. to pay for the same. This pur chase was never made, and Messrs. Butler, Brothers, and Co. in writing to the plaintiff to informhim of their inability to execute his order, said they would hold the Mits . , which had been intended for the purchase of the iron, for his use. Messrs. Butler, Brothers, and Co. became bankrupts, and their assignees refused to deliver up these bills to Messrs. Hopke, declaring this transac-. tion to be a part of the general along . dealings between Hopke and the bankrupts. -- His Houotra said, that he had looked• over all the cases which the Counsel had cited in their arguments, end bad carefully considered, as well the case "espalier Sergeant," as the principles which had been laid doves, in the ease'd 'the Leeds and Wakefield 'Banks. He tound that all-these decisions had been regulated either by the nature of the contract subsisting between the par ties or by the character of their dealings, or by the di. tedious With which remittances were accompanied. After reviewing very fully the (actg• of the case,. his Honour said that when he considered that these bills were destined for a particular purpose, and that the bankrupts perfectly understood this, as was clear from the expression in their letter, „ that they would hold the bills fur Mr. Hopke's use," he was of opinion that the prayer of the petition most be granted, and that the bills must be delivered up to Mr. Hopke. . MOTION TO COMMIT AN ATTOANILT. • Mr. Parts moved that an attorney named Reynolds should be committed, for not having brought into Court certain papers connected with a cause before his Hcuour, and actually necessary for the prosecution of the suit. Mr. BIZICZNSTETH opposed the motion. It was not' at aU called for, and it was ogectly . irregular. Mr. Reynolds had a lien upon the papers. and had not yet been able to make out his bill of costs. Has Honour knew very well that, from the very nature of the burl ness of a solicitor in large practice, it often required a long time to snake out a bill of costs. n. Mr. Reynold. had no wish to put the clients of his Learned Friend to inconvenience. The delay that had taken place was unavoidable, and it was not the practice of the Court to resort to such harsh measures as that now prayed, under circumstances like those btfore the Court. The- Vice CHANCELLOR agreed with Mr. Bickerstetb. The better way to proceed in this case would perhaps be, for Mr. Reyoolds to pay . the costs of this application, and for the Court to make au order that, in a certain time—a month for instance.—Mr. Reynolds should de: liver up the papers on payment of. his bill of costs. end that he should stand committed if he neglected to comply with the terms of the order. Mr. Pane did not feel inclined to adopt this course, end chose rather to have his motion dismissed with costs. THE ASSIONSIS OF 51R . ArEll POLE v: SPOTTISWOODE The hearing of this case, which ari s es out of the bankriptcy of Messrs. Hurst and Robinson, was fixed -for to-day, but on it being tepresented to his Honour 'that the proceedings were not complete, it was allowed to stand over until the next seal, on the parties under taking that no part of the stock of the bankrupts should be di.posed of in the intetim, except in the regular way of trade. COURT OF KING'S BENCH, Dsconza 5. Before Lord Townson* and a Common Jury. In a case which was tried on Monday last, on a bill of exchange fur 80/. a verdict was taken for the plain tie, under the idea that a 35.6 d. stamp, on which it was drawn, was the proper stamp for that sum. The Comtism SIInGICANT this day made an applica tion to the Lord Chief Justice, to allow the judgment in that case, which it had been agteed should be taken as of last Term, to be postponed till the next. On the trial the bill had been produced. He had asked on what stamp it was drawn? The witness replied. "On a three and siz•penny oae." His Learned Friend the Attorney General immediately said, " Ohl that will do well enough." Not doubting such high authority, he had made no further inquiries ; but his clients had since discovered that the bill was drawn on a wrong stamp, the Act requiring that a bill for that amount should be on a 45.6 d. stamp. . Lord TENTERDEN—Did you ever know a new trial, Mr. Common Sergeant, granted on such grounds as those on which you are now founding sour application ? The Cameo* SIIROS4NT gave no answer to the ques tion ; but repeated his application, pressing it upon the ground that be had given up his objection, owing to the declaration of the Attorney General that the stamp would do well enough. The ATTORNEY GIINIRAIe.4 made nb declaration— I never SAW the bill. Lord T*NTUDEN rejected the application, stating that the objection to the stamp was an objection striegi i, juris, and ought to be taken at the trial. If it were not taken than, the Court would not lend its aid to enable it to be taken at a subsequent opportunity. JACKSoN V. 11101INZ. MC CHITTY stated the plaintiff's case to ti►e Jury.-- This was an action brought by the plaintiff, who is a ailoe.ia Holborn, tb **Direr the eststonti t a. bill of eicitinge at two months, for 201. drawn by a'per,cra of the name of Elsey,:and accepted by the defendant, a. Gentleman rending in Bridgewater square. Ile knew not what defence the defendant intended to offer to this action, but he expected that it would be something ex trtordinary, from his having stated on the bill's being presented to him for payment, " Oh,`l am not liable upon it ; It is drawn upon an eighteen.penny receipt ,tapsp.'" His client had, however, remedied that defect by applying to the Commissioners of Stamps; who, on his paying a penalty of 40s. and the amount of the pro per stamp, had net cised the power teserved to them in the 37th of Geo.lll. and subsequent acts, and had affixed the • proper stamp. The defendant then said that he had, never received any value for the bill, that it was an ac. comnsodation bill, and that he should tut pay it. But tho, as the Jury would hear from bis Lordship, was no defence against a bona fide holder of the bill, who had given a valuable consideration for it. The acceptance and endorsement of the bill, which was dated July 19,1827, were then proved by a witness who had never seen either the acceptor or endorset write anything except their signatures on one occa sion to a bail bond. Mr. TnesIGER addressed the Jary for the defendant, informing them that the defence to the action rested on the fact that the bill had been improperly obtained from the defendant by a person of the name of Peckham, and that the plaintiff was cognizant of that circumstance.— lir then-detailed chi facts, which he afterwards ptoved in evidiffee o and stated that he had given the plaintiff notice to prove the consideration he bad giv.n for the bill. Unless the plaintiff - proved that coasideration,the de fendant, under all the circumstances of this case, would be entitled to their verdict. Richard Hunter examined by Mr. Twasroza.—l em acquainted with the defendant. l.was present in July last, when a man of the name of Peckham received this bill from the defendant. Peckham signed this incisor andnm on receiving the bill. The memorandum, which was an acknowledgment on the part of Peckham that he had received the bile to get it discounted, was pot in, but not read, on an objection taken by. Mr. CHITTY, that it was not on a stamp, and was an engagement for the payment of money. The witness proceeded—l beard it stated that the bill was given to Peckham in order to get it discounted for the defendant. Peckham gave no value for it at the time. On the 3d of August I accompanied the de fendant to Mr. Jackson's house in Holborn. I heard the conversation between Jackson and the defendant.— Jackson said that his surprise at a man of Peckham's character having got a good bill, caused him to call on the defendant to know whether it was his genuine ac ceptance. He said that he bad bad to settle some other transactions for Peckham, to save him from disgrace, at the request of his mother. He stated that Mr. Horne need not apprehend any thing unpleasant, for as the bill was on a receipt stamp, he should not think of molest. tog him for it. There was an agreement made between the plaintiff and the defendapt to meet the following day. I attended with the defendant the next day. The plaintiff said that he had tried every means to fad Peck ham. but could not. He said that be had advanced 31. 10s. on the bill, and requested the defendant to wait on Peckham's mother to get the mcney refunded. He said that the bill, when he got it, was in the hands of a Mr. Giles; that it had been pledged by Peckham to Giles 4 . aid that he went with Peckham to (files, Rave Peckhartf SL 10a. to get it apt 4f Giles's hands. Nothing Wither took place about tin liilf Limn. After, it was due, keeled on the Plaintiff, who told me that the thing muirt Poi/take its course, but that if Ole de fendant had consented to pay the Sl. 10s. he should have had the bill. Cr ospesamined by Mr. Cured-+I am not the clerk of the defendant; am only his friend. lam an at torney's clerk. . . . Mr. Giles—l live at 31, St. John's-lane, Clerkenwell, and I am a wire-manufacturer ; Peckhani deposited this bill with me ; I advanced him one sovereign upon it; Peckham afterviards' came and received : it from me, having left me a metal watch ill its stead; at that time the plaintiff was waiting at the door, aid 'Peckham handed the bill over to him in my sight . ; the plaintiff asked if tknew where he could get the bill discounted ?: I told him I thought lie could get it done at Keeling aid Neck's. whose address I gave him ; he asked me eihat•money Peckham owed me? I said .51. or 61. He then saia, that if he could get the bill discounted he would repay me. He asked Peckham if he was agree de? and Peckham said he was. Gloss-examined—This took place about the end of Suly.---The notice to prove the consideration given for the bill was admitted by Mr. CHITTY. Mr. CHITTY then called the following 'witnesses : Edward Brown—l am in t he employ of Mr. Jack• son; who is a thane; I know Peckham; Jackson made clothes for him ; I 'delivered some to Peckham myself on the 29th cf May—(The witness here enumerated the articles which he delivered). Tregar—l delivered on Jackson's account to Peckbans three hats and a fowling cap on the 22d of the SOth ofJuly, and on the .sth of August. • Jobn.Travis—l am the plaintiff's attorney. This bill irks* into my hands by tl.e plaintiff. On the 24th Of September-Irmo to the defendant. He called on mon the 2711::' He said it was an accommodation bill, „and that it was hard that he should pay for it, having received no value, and that he thought that was a good ground of defence. I told him that I would not arrest him till he had consulted his attorney. Lordlautsumm, addressing: the attorney; said— .. You ought not, Sir, to have arrested bins at any time on this bill." - Mr. TIMMS shortly replied, contending that the evidence of the attorney d i d not touch the defence acal!, but was perfectly consistent with it.• The evidence of the other witnesses proved a preexisting debt to this bill from Peckham to Jackson, but not such a debt as made a good consideration for it. ' Mr. Crum contended that it was improbable that if Jackson had meditated a fraud on defendant Horne, he would have detailed to him such facts as must necessa rily frustrate the successful execution of it. He main tained that the defence was a fraudulent fabrication on. the part of the defendant and his witness, and ougl not to be admitted as a sufficient cause for cutting away the security of a written instrument. He maintained ' that the consideration which he had proved to have ' been given, for the bill was sufficient to entitle him to ' their verdict. Lord Tistiwtosti told the Jury,' that if they were of opinion that the bill in question had been improperly obtained by Peckham from the defendant, their ♦erdict must be for the defendant ; but if not, for the plaintiff. The-Jury iostandy returned a verdict for defendant. Lord Tatutsansti.--Quite right; Gentlemen. COURT OP COMMON PLEAS, Wznamemze, Dam 6, Salop after Miclisekaas Term, before Mr. Juottee Cse.smai _ Lamas v. *MAI:WILT. • • ---- - ----- Mr. Kam.: opened the pleading'. The declaTation stated..that this was an ,actionfor breach ,of. e ro m istof marriage.. The defendant pleaded the general. issite. Mr. Sergeant WILD& stated the ca•e. The Jury had heard from his Learned Friend ;ghat was . the nature of . the action which was Pow presented fot their attention* _ _ and•decision. It was an action by a young woman to recover eompeosatim. for thettemmynt she had rec:ived from the person on whom she supposed her future hap. piness would have depended. In the oriel of such a case as this, the interests of a plaintiff were mire in volved than in any other, and therefore, although he (the Learned Sergeant) should be sorry to occupy the . - time of the Court unnecessarily, yet he felt it ith more than his duty to dwell upon those pointi which he cone sidered to be material. Actions of this kind were now unhappily 'very frequent in our Courts'-of Justice, and it furnished a melancholy proof that men still consis dared themselves entitled to apart with the feelings of females by holding out that they would marry them) and when they had succeeded in gaining their affee tions, then deserted them, and left them a prey to their own disappointed hopes. He was quite sure that in addressing men' of the standing and 'experience in i life of which he knew the Jury to be,' 'that the,' could not fail to know, that of all the injuries which' could be in fl icted on the feelings of a young woman, that of engaging her affections, and holding out tor . her a prospect of future happiness and comfort in the world, and then abandoning her without the; slightest ground, was the greatest and most vicious,- And what in these cases added to the distress ot the unhappy, woman Whose hopes had been so lame.. fellY blasted , was, that she could not come into .st't Court to seek redress without incteasin; the injury ate' had already sustained. When, to justify herself, she was compelled to bring an action at law, she was cera tarn of h lying her name brought before the-public, and. pethaps made the subject of much scandal. It most frequentiy happened that females, injured as the present plaintiff had been, were women of the best feelings, and they were those who must shrunk from publicity. But how were they to seek redress but at the hands of * Jury ? and unless they allowed a full investigation ot._ the facts, and showed that they themselves had giten no cause for the conduct of their deceivers, surmises might arise in the minds of persons which would be most injurious to their characti-ri. But to women of fine feeling, one of the greatest injuries that arose au*• of the infidelity of those in whom they had confided, was the consequent exposure of circumstances with which it was natural they would wish the public to be unacquainted. The plaintiff in the present ease was the niece of a perm who kept an inn at Ilford, in Es.' sex, and she bad been in the habit of assisting her uncle in his business. The defendant was also an innkeeper ' or publican of considerable opulence, and was enabled. to maintain a most respectable establishment. Indeed, - an union with a person of his property afforded the• plaintiff a prospect of every happiness which a person in her t scion of life could wish for, or expect; and on the other Rand, her conduct was as irreproachable as any admirer could require. About June last it hap. pened that she was on a visit to a friend of the name of Nutt, in the Mile-end-road, not at any great distance fr.m where the defendant carried on hi%bu-ine-s.- This Gei tleassn was a very respectable person in his line, and was generally admitted into society. He was a widower, and appeared to be much esteemed by his acquaintance, among whom were Mr. and Nrs. Nutt, the -persons at whose house the plaintiff was staying. Visiting at the house- in this character, he presented himself to her as a person well worthy of fur men tion, and. he paid his -addresses to her honourably. Mr. and Mn. Nutt were acquainted with his visits, and approved of them, and he continued to pay every attention for some time, until at length they mu. , tually became so attached that they agreed a mirrtiage. phouldtake place; and as he WAS considered an-ex. 'tremely eligible person for her_ husband, her friends assented'to their union. Matters hieing proceeded to thislength, the defendant shewed her a house, to know if shiapproved Of it, as it was understood that she was not to live in the house where his business was carried an, Issahort, he acted in a manner which warsantesi the best founded expectations that, he meant to marry , her, when suddenly, without the slighreq exylanation, his visits were discontinued. For this extraordinary step, he would assign no reason, bat the plaintiff felt conicious and certain that nothing in her conduct could justify the cruel and wanton conduCt of which he hid been guilty, and she this day challenged him to prove any behaviour on her part by which she could be considered' as It:swarthy of becoming his wife. But what answer could he make to this case ? He had not youth and in: -discretion to plead ; he was a widower, and had arrived at that time of life when reason is supposed to itiffuence. the actions of a man, and when the passions are supposed to wait on judgment. Such was the defendant, and such a man offering himself to the attention and affec tions of awoman might confidently expect to be accepted. Such a man did he appear to the plaintiff, and as such he was accepted; and consequently her ditappointment end misery would be in proportion to the merits which she be. lieved him to have possessed. Shortly after he had dig. continued his visits, Mr. Nutt waited on him to ascertain his reasons, but could get no answer from him ; bur his rea s on soon 'became very apparent, for in the course of three or four weeks he was married to another woman. This marriage was either very pretipitate, or else he must have been paying attentions to .another while he was supposed to have been bestowing his affections on the plaintiff. The only duty imposed on' the Learned Sergeant this day was to prove the premise of marriage ; and it would then be incumbent on the defendant to show some reasonable ground for the con• duct he had pursued. He was, however, confident that in the result the plaintiff would be entitled to a verdict in the case which, to support her respectability in life, she wascoMpelled to submit to the decision of the 3urty and the Learned Sergeant thought that when they bad heard the evidence which he should adduce, and. con. sidered that the plaintiff's honour, happiness, and future prospects in life, must now depend upon their verdict, —that when they had heard the cool unit cling manic in which the defendant had destrted he&, they would think it was a case calling for very heavy damages. But whkever amount they should think proper to give would never compensate the unfortunate plaintiff - for the mental agony which his wanton and unmanly ben halfiour had produced: He exhorted the Jury,ahat as they might have daughters or sisters of the ir c ost is who might be injured by such men as this .' 1 bad been, to protect them by the amount of dintao Which they would now give, by*t meatli fatnithing an example to those who might; kherwise be incli,aed AO trifle with the best 'feelings in a woman's nature. With these remarks he would' leave the case its the' bands of the Jury, not doubting but that they would' Act in such a meaner as the justice of are case appearmt . to them to dictate. 4 . • • • Mrs. Hannah Nutt—l am acquaint*, a and have known her from a baby, • ndint yery.well, having, been P iaa Of twelve years, or more,, The 4 t .1 • .!'; I ' I 4 I I , i i 1 I,* t. 1, r , . , . . . , ' .1 of Ate case akiwas#l , • a iinteld with the plaiO t reby. I atfojsme.the acquainterwith 116* plaintiff's age W4a,