Star. — London, England, 1821-06-08 00:00:00

LAW INTELLIGENCE. COURT OF COMMON PLEAS, JUNE 7. BREACH OF PROMISE OF MARRIAGE. BUDD V. DUGGIN. The damages were laid at £l,OOO. Mr. Serjeant PELL laid the plaintiff's case before the Jury. It was an action brought by the plaintiff, Anne Sophia Budd, against the defendant, Thomas Duggin, to recover compensation for the breach of an engagement into which he had entered with her. The plaintiff, who was a very young woman, was daughter to the late Treasurer of the Richmond Theatre, and he would challenge the strictest and most severe scrutiny into her conduct, moral and re ligiotb, although her father and mother were both dead. Deprived of their protection at an early age, !..:!c was brought up to business in the hat line, an v:!iich she had b : •en employed since their death. The cl.:fendant was a hatter, and kept a shop in Newgate s:rect, where he had a respectable share of. business. In the early part of 1819, the plaintiff became ac quainted with the defendant: she was then intimate with the family of a man named Salt, whose son was at one time disposed to enter into a serious engage ment with her. She had not, however, accepted of him, although he wished by all fair means to gain her affections. An intimacy then commenced be tween her and the defendant, during the continuance of which she had every reason to expect that she should become his wife. In some time, however, his love began to cool. Whether it was that prudential considerations had checked the current of his affec tions towards her whom he had destined to be his wife, or not, it was impossible to say; but in the, course of the last year he gave her to understand Oat she need not expect him to fulfil.those inten tions towards her which he had before expressed.— He should now read some of the correspondence which had taken place between them, parts of which ♦.ere indicative of strong attachment, and parts of a most ludicrous description; and it were well if this young man could mend the character and style of his address, before his next correspondence took place with a young lady. The Learned Serjeant then read some extracts from the defendant's letters. (They are given verbatim, though not literatins!)—The first was dated the 15th of February, 1819—as follows: " Dean N 1153—1 take the liberty of once more writing, of which intrusion I hope you will excuss• ; and must beg another favour, that is by keep this lettet to yourself, as the senti ments of my heart I am about to open, prompt by the affec tion of nature for you alone. You will say my affection is soon gained, as it is fell on you after knowing you such a short time ; but, dear Miss believe me, it is not soon as you think ; for I know young Ladies for length of time, and my affection has never fell on them as it has on you; for your charms, dear Miss, is enough to gain love and affection of any young Gentleman ; for I du declare, the first hour I saw you, you gained my strongest love and affection, and was satisfied is nay own mind you would make a happy wife Dear Miss, I do firmly and do solemnly declare that you gained my greatest affection that ever a usan could have for a female. I have been much grieved at not having a half hour intercourse with you, that I might bad the gratification of acknowledging ray affectinns to yen before present moment. Dear Miss, you say it is very Ea- fr::n your wish to deceive any person, particu lar on :his sullied.. I reel myself extremely glad and happy you think it sn-lt a tender part ; far to trifle with affection is like touching the vital veins with a sharp instrument, of which will soon prove death, if nut stopped in time Dear Miss, I have now taken ua my pen again to finish this let ter with eyes free from tears, v:llich was not the case when I t•f: it. In reading your letter, you say you are engaged to a Gentleman, which it would be impossible for you to break off. My dear blips, pray judge for yourself, for remember your en gagement will be for life." The next letter was dated March 2: is Oh, my dearest girl! hasten your private consent to relieve the burden of your lover! Oh, my dearest Anne! fear not Mr. or Mrs. Salt. Pray leave it to me ; I w ill settle all disappoint ments with them, with the help of ALLACIGHTT that is all-suffi cient. Then, my dearest girl, give me your consent that I may arrange matters to procure your elopement, as I lately received part of my property, which will furnish a house for your com fort. We, my dear girl, need not mention it to any body until oar union a happiness is completed ; and then Gon will take us under his care fur ever, and we shall live like Angels in Paradise among all the blessings of I-IsAvie and•loved by All that know it for joining in such happy union." " August 2. " MY MARLS? ANNV•••I am extremely sorry I could not have the pleasure of seeing you yesterday, as I fully expected. Just as I was going to make a start, a tremendous storm came on ' • I being small, was much afraid of being washed away with flo od. After the storm was over, I was taken with a violent inflamma tion of my bowels. Could not step outside the door : I was in bed by hale-past seven. Dear Anne, 1 should much like to know what has been said or done respecting your leaving Ilomerton. It you can drop me a line, I shall be glad. I hope I shall have the pleasure of seeing you on Wednesday or Thursday next. I remain your affectionate lover, till death, " TIIO. DUGGI N." The Learned Serjeant, after commenting upon the letters as he read them, stated, that shortly after this the defendant, he did not know why, withdrew his attentions. He understood that he had said he would sooner risk the consequences of an action than marry her, she was so addicted to untruths. Let him prove it. George Payne was the first witness called. He proved the hand-writing of the oefendant, who had been his apprentice, and also the commencement of the acquaintance of the parties with each other. The plaintiff was then living with her aunt, and did busi ness for Mr. Salt. The defendant proposed taking lodgings for her, as he intended to marry her ; but the witness thinking that indelicate, took her into his own house, where she remained for five or six months, during which time she was frequently visited by the defendant, and her conduct was perfectly proper.— On his cross-examination, he said that the plaintiff did not represent herself as having a large property. He once heard her speak of a West India connection, be.: he represented to her the fallacy of any expecta tions from that quarter. He never understood that' she po sessed more than £lOO, and he afterwards heard she had but £5O. She did not shew him a sealed packet addressed to Sir Home Popham, which she said contained her title to that property ; she never told witness she bad been married before. She left his house two or three months before the match was broken off, because he became embarrassed. The plaintiff is twenty-two or twenty-three years of age. Mary Hubbcrt lives at 35, Snow's-fields, where the plaintiff has been residing with her for nearly a twelve month. Witness is a married woman, and has daugh ters who live with her. On cross-examination, she cle rk4:l that she had ever received any complaints of the conduct of her daughters or the plaintiff. She never heard anything respecting a Midshipman. Several letters from the defendant having bees read, the case for the plaintiff closed here. Mr. Serjeant VAUGHAN admitted that a young woman had a right to procure a husband for herself if she could ; but, then, she must use fair play, and make no wilful misrept.sentations, as hid been done in this case. Nothing had ever been better got up on the Richmond Stage than the present plot—Elle plaintiff, a pretty-looking girl, with her sister, was sitting in the gallery opposite the Jury-box]—and she was here herself to-day, to take a part in Me last act. Nor was there ever a man more formed by na ture to become the easy victim of an artful woman, than the defendant. He hoped that the Jury even might not have their passions inflamed, with the plaintiff in full view; with her pretty face and hand some bonnet. There she sits, "in a green and yellow melancholy." • However, he thought, from her pre sence, that she was likely to survive the present shock; and, he dared say, when she procured their verdict,' if she got one, she was ready to exclaim with Dryden, Again I stand The jolliest spinster in the land !" He would prove to the Jury, that she acknowledged she had slept three nights with a young Midshipman ; And as to her attachment to the defendant, she had declared that she did not love him; that she preferred Salt's little finger to his whole body. He would shew also that she had represented herself as a large for tune ; and carried the farce so far as to fold up a parcel, directed to Sir• Home Popham, calling it her title to her fortune in the West Indies ; that she had stated that she was married ; and if so, one husband was sufficient fur her ; no seasonable woman ought to have two. Esther Eela,' a schoolmistress, at whose house the plaintiff resided for some time, was examined princi pally as to a comMunicaticn which she said she had received from Mr. Croft, a solicitor, in Chancery lane, respecting a large property and a box of dia monds, to which she had a claim, in the \Vest Indies. Mr. Croft swore he did not know the plaintiff, nor had he ever had any communication with her. On his cross-examination he admitted he knew her brother Benjamin, at Richmond; and also her mo ther, who once held a respectable situation in society. The brother called upon him two years ago, with re ference to a supposed right of property in the family, through an uncle who had gone to the West Indies. . Jane Robinson was a servant in Mr. Salt's family when Sophia Budd was living there. One time, upon hearing witness speak of Mrs. Benton, who had made a present of a parrot to some person, the plaintiff's countenance changed colour, and she asked whe. ther that Mrs. Benton had a son ? Witness replied that she had three sons, two of whom 'she had seen, but the third had been absent for about five years. She afterwards told witness, that if she would keep a secret, she would acquaint her with something that would surprise her. Witness promised to keep her secret; the plaintiff then said that she could marry neither Mr. Salt nor Mr. Duggin, for she had been married five years before to this Mr. Benton, and that they had lived three days together. She.stated nothing farther than that they slept together the first night. Witness afterwards told this to Mr. and Mrs. Salt, after the son had first communicated it to them, for he too had been informed of it by the plaintiff ; and the three were now in Court. Oa her cross-examination she stated that the plain tiff said she had been married at a friend's house at Richmond. It was after the plaintiff left Mr. Salt's that she communicated this circumstance to the fa mily. She, however, visited there for two or three months afterwards. Witness left Mr. Salt's in June, 1819, and had made the defendant acquainted with this circumstance :about a month before. Two other women, at whose houses the plaintiff had lodged, were called, principally to prove that she • had not, upon two or three occasions, returned home, regularly. v Nothing, however, very matetial was • elicited from their examination, except that she had called the defendant :t Idge dandy, an ingignificara! pappy, &c. aitd said she could not love him. Small Morgan, a milliner, swore she had never, beni at a ball with the plaintiff, nor had she slept with her, as one of the preceding witnesses said she hay stated upon one occasion, when she had remaimed from home all night. Aadtew Spitler, a.watchman, has seen the plaintiff and the Miss Hubbetts return home at all hours of the night from ten to two, accompanied by young men, who used to stand shaking hands with and kissing them for a considerable time. Mr. Serjeant PELL commented with much indig nation on the evidence brought forward by the . defendant. The CHIEF JUSTICE, in summing up, particularly directed the attention of the Jury to the extraordinary circumstance of the plaintiff making a declaration like that sworn to by Jane Robinson, at a time that she was receiving the addresses of two young men, o-e or other of whom she intended to marry. If the Jary, however, believed the plaintiff was calumniated, it ought to enhance the damages; but, whatever ver ' diet they found, they should administer justice with temperance, for all intemperance was injustice. Verdict for the plaintiff--Damages, £lOO. OLD BAILEY. Wednesday the Sessions were opened by Mr. Jus tice BAYLEY and Mr. Baron GARROW. Henry Williams, a respectable looking man, stood indicted for burglariously entering the dwelling-house of John Bruce, Esq. at Brompton, and stealing therein a considerable quantity of plate, his property. It appeared in evidence, that on the 2d of April a quantity of plate had been stolen from the house of the prosecutor by means of a hole made in the panne' of the door of the butler's pantry. On the 4th of April the prisoner sold part of the property at the house of Messrs. Merle and Co. refiners, in Little Britain. Amongst the property stolen was a curious antique silver ladle, which had been in the family for many years, and Mr. Bruce wishing to get another similar, applied to Mr. Salter, his silversmith, for that purpose. Mr. Salter mentioned the circum stance to a person of the name of Foligno, who hap pening to call at the house of Messrs. Merle, pur chased a silver ladle, which, on being shewn to Mr. Salter, was immediately recognised as the identical ladle stolen. Shortly after the prisoner called at the house of Messrs. Merle, and information having been given in the interim, he was detained. It appeared that all tha property offered by the prisoner to Messrs. Merle belonged to Mr. Bruce. Mr. Justice BATLEY, in summing up the evidence, stated to the Jury 4 that it not having been proved that the robbery was committed before day-light, the pri- I sour should be acquitted of the-charge of burglary. —The.Jury accordingly found him-guilty of stealing in a dwelling-house a sum exceeding 40s.—Death. Mr. Justice BAYLEY then called Mr. Alcock, a clerk in the house of Messrs. Merle, and observed, that it would be much more beneficial to the Public that plate should not be melted down immediately on receiving it. ' Mr. Alcock replied, that having known the pri soner for twelve months, they thought he was a regular dealer. John Saxton and Milian. Radding were indicted for burglariously breaking and entering the dwelling house of Mr. John Barlow, victualler, of the Two Brewers, in Goswell-street, on the night of the 25th of March, and stealing therein Bank-notes and silver to the amount of £325. The trial occupied the Court nearly four hours ; but none of the property being found on the prisoners, and the Jury not con sidering the evidence strong enough to convict them, after retiring for about 20 minutes, acquitted them. Yesterday, Joseph Blakeney was indicted for as saulting Joseph Foote on the King's highway, and stealing from his person a gold chain and seal, value £5. Joseph Foote stated, that on Friday, the sth of May, he was passing through Brick-lane, in com pany with his wife, when the prisoner, who pre tended to Le intoxicated, ran violently against him, snatched at his watch, and succeeded in detaching the chain and seal ; witness collared the prisoner ; a struggle ensued ; when he was instantly surrounded by several of the prisoner's companions, and at-the same moment received a violent blow on the back of his head, which felled him to the ground, and the prisoner escaped. A few days afterwards, the prisOner was observed talking with a female in Spi talfields, when he was taken intacustody. The Jury found him Guilty—Death. Mr. Baron G A RROW -" Prisoner, I had hoped that the awful public examples which have lately been made, would have prevented a recurrence of this species of offence; and I deeply lament to find that hope disappointed. You sill do well to direct your thoughts only to a preparation for the execution of the dreadful sentence of the law, which will be passed upon y-au at the close of the Session. You are evi dently one of a most desperate gang, who, in the prosecution of their lawless pursuits, would have no hesitation in depriving those whom they wished to rob act) of their lives, rather than be thwarted in their views; and you had better not entertain hopes of mercy." Joseph Lilly, a lad 15 years of age, was capitally convicted of stealing in the dwelling-house of Han nah Ilawkshaw, two silver spoons, three silver forks, &c. her property.—Death. David Adams was indicted for stealing in the dwelling-house of Sir Alexander Cook, 1.35 in Bank no:es, his property.—Not Guilty. John Smith stood capitally indicted of having' stopped and robbed Philip Jones on the King's high way. Philip Jones; a tailor, deposed, that on the night of the day mentioned in the indictment, he was walking at the corner of Parker-street, in Drury lane, when he was struck by the prisoner on the back of the neck, and that lie afterwards tripped up his heels. He instantly cried—" Stop thief,' and called the watchman. A handkerchief containing a new coat and some silk was taken from him. The prisoner was taken into custody, but none of the property was found on him. The prisoner set up in his defence, that Jones was in a state of intoxication when lie came to the watch-house. But he called no witness to support the accusation. After a few moments consideration, the Jury found the prisoner Not Guilty. William Wilson was convicted of feloniously being at large before the period to which he had been sen tenced to be transported had expired.—Death. Georn " 'e Taylor was indicted for breaking and en tering the house of Alfred Vincent, and others, of . Dean-street, Soho, and stealing therefrom a gold watch, value £3O and upwards. Several persons ttave the prisoner a very good character.—Guilty; Lim recommended to mercy. Mr. Justice BAYLEY said the recommendation should be attended to. Brim: .41‘Ph clan and Bridget Wadilan were put to the bar, on an indictment, charging them with violently assaulting and taking from the person of James Jfogartb, El Is. in silver, a £5, and six El notes. Both prisoners (one of whom, the male, was so lamo, as to be carried into Court on the back of a man), denied all knowledge of the transaction, and the case was sent to the Jury, when several Gentlemen unexpectedly rose and gave the female an excellent character for industry ; describing her to have carried for eight or nine years very heavy loads of hearth-stones, which she dealt in. The Jury consulted for a short time, and then found both the prisoners Not Guilt. At the final close of the poll yesterday, for a Com mon Councilman, for the Ward of Aldgate, the num bers were, for Mr. WALTON, 124—Mr. DIGGES, 115. Majority for Mr. WALTON 10; and he was of course declared duly elected. Thanks were voted to Mr. Alderman Cox for his conduct in the Chair, and the Wardrnote was dissolved. Early on Sunday morning, some depraved wretches opened the sluices of three of the locks on the Monk land Canal, at Blackhill, exposing the Canal and the contiguous country to the hazard of great damage, and set fire to and burnt one of the lockmen's huts. Thursday se'nnight, about midnight, a paper-mill, in the neighbourhood of Rathcoll, in Ireland, was maliciously set on fire, and totall y consumed, with all it contained. Bow-STRETZ—Yesterday Richard Searles, the boy who I. in custody on a charge of suspicion of giving to six children a li quid which caused an alarming illness, was brought to the Of fice from Covent-garden Watch-house, where he had been sent on Wednesday night, by order of Sir Rosser askew, and con fined in the strong room during the day, in the expectation of his being bailed. The apothecary who attended the children, waited upon Mr. Bums yesterday morning, to report their state ; he considers them all in a fair way of recovery, and is of opinion that no production from minerals has been given to them, but that it was laudanum, and such a quantity had been given to one of them, that the child was scarcely awake yesterday morning. The boy, who is still kept in custody, denies the charge, and the affair remains Involved in much mystery as to the real perpetrator of so diabolical an act. nor:my- GAlMlN.—Yesterday, two poor Italian boys were com mitted front this oSce, charged by an oScer of the Mendicity Society, with an act of vagrancy, being found begging from door to door, each carrying a small child's hand organ. Six others of the same description have been committed within these few days for the like offences ' • and the Officer stated to the Magistrate, that the Secretary of State had intimated to the Society for the Sup pression of Mendicity, that in case of their conviction, a vessel should be provided to convey them to their own country. WEYMOUTH, JUNE G. T. RODBER, Esq. having announced his intention to resign his office as Master of the Ceremonies a t this highly celebrated watering place, CHARM % A y . einEws, Esq. late Captain in the Dorset Militia, In d .TORN MAnoHAN, Esq. Captain in the Royal M e . rives, two Gentlemen in every respect qualified f oe the discharge of its important duties, have offer themselves as candidates at the approaching election, The contest is expected, from the great influence and exertion of the numerous friends to each party, to b e very close and severe. T. WELD, Esq. and his Lady, the Hon. Mrs.Wun, and family, are arrived at their summer residence, South-Down Cottage, a most delightful and plan, resque situation.—General and Mrs. POPH A M and fa. are occupying a house in Gloucester-row, rut of the property of the late Kim A special meeting of the Committee was lately held, for regulating the erection of a Monument to th e memory of the late SAMUEL WESroN, Esq. the f at h er of the present worthy Mayor of %Veymouth. Thispublic tribute of respect to the memory of dep art d worth was executed by Mr. TistAcKsrog, the Scul p . tor, and is allowed, by the first artists, to be a m ost superior specimen of workmanship. The Monume nt represents the deceased sitting in his gown, as Chief Magistrate, holding in his kft hand the Charter 'granted by his late MAsesrY to this town. is which Mr.WF.sroN was nan3cd as be" tirst in: dery Mayol:" on the key-stone above a:e the arm, of IVu, mouth ; and on the plinth, the sword and mace, wi t h t h e pelican, as the emblems ci justice and I)...revoamee. The figure is in alto rdiets2, of the best stattL.ly ma r . ble, six feet six inches in Ilcight; And the Im.!cval, with a tablet for the it ascription, is three feet siz inches high, and el the same mAcrial. SADLER'3 WELLS.—The novelties at this Theatre, do great credit to the w.41-known taste of Ilr. EOM TON. Black Ilcard and Tie Epping IJuut, continue to increase in attractitn. KERLEY and ELLIOT, in the latter, display a vcrsati ity of talent seldom witnessed upon the boards of a minor Theatre. The House is crowded with beauty and fashion every evening. ROYAL COBURG TIIEATRE.—A most interesting: Drama has been brought I,rward at this Tl'eatre, called Koristikan ; or, The Prince of Assassins. lhe principal character, a very arduous one, is susminel with great effect by •Mr. H. KLNIBLE, t%:10 is well supported by other performers of distinguished writ. The Faithless Friend, or, A British Seaman's Fide. lity, is also a Piece of great interest, and entitled to the high approbation it receives. In additi nto the above, Il Diavolo Antonio gives some Astonishing performances on the slack Hope. The House is gene rally crowded with-genteel company in every part. On Monday, the 28th ult. N. 11,C41 was drawn a Prize of i.:21,000 Consols, and sold by Bun, is Shares, viz._ One Quirter at - CAMMAILTHST. Ote Quarter in - 1 AniDCIP. One Eighth in - LoxruN. One Sixteenth at - BATP. One Sixteenth at - EDINSO Rom. One Sixteenth in - Lonnox. One Sixteenth at - MAIESIONL One Sixteenth at - NT ARL rt01101:031. One Sixteenth at - Alualam. Batt also sold the followit2g Prizes, all drawn the same day : • ---- 11,31 1,616 Z.. 117 11,367 16,673 Xl,OOO I 7,269 220 119,564 220 11,476 22. 12,521 - kNO - 20 - 110 - 110 £2O I. &c. &c. Tilsit also sold, in the Lottery drawn in March, Three Prizes of 21,000, and several smaller Capitals. Every Ticket or Share Chance bought on or before the 28th May, was finally decided on the 28th May. —Ticket and Share Chances are on Sale at Btsli's Offices, 4, Cornhill, and 9, Charing-Cross, London; and by his Agents in the Country.—All the 3,002 Prizes, including the £20,200 Prizes, must be drawn the 1 of THIS MONTH (JUNE). An accouchement of more than ordinary interest has just taken place. A beautiful monkey is now confined in the straw at Elem. 'Change. This pretty African is au example for mothers—shs nurses her little one. BIRTHS. May 12, a girl named Sarah Bryce, aged only 13 yeah and two months, was delivered of an illegitimate child at Ecelts,h% Scotland. The reputed father, Joseph Lowe, is only sixteen. May 22, at Padstow, the L ady of Captain Charles Austea, it. N. of a son. May 30, in Edward-street, Portman-square, the Lady d Major Stepney Cowell, Coldstream Guards, of a son. May .10, at his house, In Devon, the Lady of Sir Arthur Chi chester, Bart. of a daughter. The sth inst. at Writhlington, Somersetshire, the Lady of the Rev. George Cookson of a daughter. Sunday, at Lady Se aforth's, Inveresk House, near Edinbures, the Hon. Mrs. Stewart Mackenzie, of Seaforth, of a son. MARRIED. In September last, at St. John's Chapel, Calcutta Mr. T. B. Harding, jun. late of Frome, Somersetshire,to Miss L ouisa, Moss. May 30, Captain James Murray, of his Majesty's ship Va lorous, to Rachael, daughter of Benjamin Tucker, Esq. SUP veyor-General of the Duchy of Cornwall. Sunday se'nnight, at Arran Quay Chapel, Dublin, Jolt/ MgGregor, aged 76, to Mary Tighe, aged 82. After the nupdg ceremony was over, the happy pair set off for Dunviile Gra% in the county of Du blin, to spend the honty.mcon ! DIED. Friday, Captain Hugh Patrickson, of the 4th Dragoons.. Sunday, aged 18, Catherine, 7oungest daughter of the Blibc Hon. Charles Bathurst, at his house in Ilcrtford-street. Sunday, at lierriard House, plants, Elizabeth, the wife of George Purefoy Jervoise, Esq. M. P. for that county. May 31, in his 78th year, Mr. Christopher Oiler, lad/ Cashier in the Bank of England. June 2, suddenly, Mrs. Braithwaite, of the Royal Infirlearft Greenwich. Monday, after a few days illness, in Edward-street, POMMII. square, Sir George Douglas Bart. of Springwood Park, It" . burgshire, and formerly M. P. for that County. May 22, at Houghton-le-Spring, Michael Patrick Riagel l, youngest son of Patrick Russell, Esq. W.S. MAILS ThIS DAYr--AItR.DCZ., Dol 0 0 Lisbon France 0 0 0 0 Hamburgh Gottenburgh 0 0 I Leeward Islands 0 New York Dublin Waterford 2 0 Guernsey and Jeney 0 1 Holland 0 1 Flanders 0 1 u o HIGH-WATER at LONDON BRIDGE TO-MOH'/OW. Morning - - 41 miaow after 8 Afternoon. - - 8 ---------- - ----.1.------- ---- --- LONDON ; Priated aad published by L LV EL Kest, Picks' Place, Teseple s. •Bar. .a