The National Register. — London, England, 1821-07-23 00:00:00

Ldlf REPORT. COURT OF COMMON PLEAS, JULY 18. "REACH OP PROMISE OF MARRIAGE. HILLIER W. DAVIS. Mr. Sergeant Pell stated, that this was an action to recover a compensation in damages for breach of p 'se of marriage. The plaintiff was Miss Sarah Eliza - Hillier, and the defendant an innkeeper at Eaton, near Windsor. The parties were nearly of the same age, Miss Hillier being 22, and the defendant 21 —The defendant became acquainted with the plaintiff about three or tour years ago, and he continued his acquaintance down to the 25th of September last. The learned Sergeant read the fol lowing letters, which passed between the parties:— " Eaton, Sept. 14, 1820. "My dearest Eliza,-1 should hate wrote before, hut waited to announce the arrival of Miss Payne at the Star and Garter. Nothing has passed sinee 1 saw you in London. 1 have not said any thing to my another yet, as we have had a riff; but the first opportunity 1 will mention it to her. The house seems to want every thing. My friends inquire after you, and want to know when you are to Ire at Eaton. 1 have bought a nice horse to bring you to Eaton." The above was addressed to Mrs. French, at Mrs. Peaches, 90, Manumilace, Walworth, and the learned Sergeant explained that circumstance, by saying the lady had lived with a Mr. French, and therefore was called Mrs. French. The circumstance was known to the de fendant, w Ito waived all objections, cony . ' nevi! of thorough retorination ill the lady, and that site would make him happy as Isis wife. 'I lie next letter was dated Sept. 22, 1820, and the jury would find the defendant expressed himself in warmer terms:— Aly dearest girl,-1 will take the opportunity of being wish von on Tuesday next. Yost will :wage it so, that we may return to Eaton that night, as I cannot stay from business. The College boys are come back, and want to know where my wife is. 1 have been very low in spirits these three days. I shall not say more now, as it will he but short before I see yon. I will drive up toy gig, and be with you at breakfast." " Aly dear girl,—l received your letter, and write to say I have waited a long while, and 1 believe I shall feel every happiness train my desire to be married, as I shall then be m postession of a prudent wile. if it will suit you, dear girl, I will come to town October the 3d, as Ido not like to be married at the hind of a week. I have the pleasure to say, I ant very prosperous in busi ness. and I look forward to be blessed and happy with you, my dear. So adieu, my dear little girl." The defendant fixed the time Miss Hillier was to conic to Eaton. Her clothes were conv,yecl tot his house, and after all lie thought it proper to break off the bargain, and the question was, whether he ought to be perinitted to rescind Ins promise without paying a com pensation in damages. He understood the defence war to be that the plaintiff was a kept woman. If Miss Hillier had imposed on the defendant, he was ready to admit the smallest damages would be sufficient. it was not however such a case. He should prove that the de fendant well knew the situation of the plaintiff. He knew she had been living under the protection ola gen tleman, and expressed himself desirous of being united to her. She had withdrawn herself from that gentleman in consequence of the defendant's promise. That cir cumstance occasioned no trivial loss. She had expended fool. in wedding dresses, which the Jury would doubt less consider in their damages. Mrs. Peach, a widow, residing in Manor-place, %Val worth, stated, that the plaintiff came to live iu her house. The defendant kept the George Inn, at Eaton. The plaintiff was a beautiful young woman most refined and delicate in her manners. The defendant visited her in the course of the last summer, at Walveurih. lit Sep tember the plaintiff sent her clothes, and prepared to remove to EMI), to be married. Site heard the plain tiff say, the domes she made for the marriage cost 1001. On her cross-examination, by Sergeant Vaughan, she said she did not know whether the dclemlaut was a minor. The house he kept at Eaton was highly res pectable. Leach, a carrier, proved that he took Miss Hillier's clothes to Eaton. The defendant said, " tell the lady 1 am well, and I shall be its town in a few days." '1 he letters were then read. Sergeant Vaughan addressed the Jury. Ile did not wish to say any thing unfavourable of ladies, but he was obliged to ask the July to exercise their good sense order to discover whether this was not a trap set by beauty to ensnare his client. Miss Eliza Hillier having been in the arms of a gentleman named French, seven years, became desirous of forming inatriumuy, and she found the defendant, who was a very young man, ht for a husband. Chief Justice Dallas held thst a promise of marriage made by a man ma woman who had been kept by ano ther Mall was binding, it vided the party %vas fairly ap- Irised of the c ir c um s t a n ce b e f o re he made the promise. le kit LIIC Jury to say What damages ought to be givvii under the circumstances of this case. The Jury, after some deliberation, found a verdict for the plaintiti, ilatuagis 301. costs 40s. I)rcadjit/.9ccideni.—Thorstlay, as Mr. Bell, a master brick er , and two labourers were erecting a scaliold to the hack flout of a house, Nu. 30, in Pim - land-street, the ledger which soppoited it, from being rotten, Siap ped in two, and the three tinfoittinate men were precu• ' , hated to the ground, a del•th of about 40 feet. Mr. Bell had one of his legs broken, the hones protruding through lbs sibeking, and otherwise Lrensed over; lie was taken tip insensible and carried home on a shinier. —1 he two ottlintunate labourers, one of whom has a woe and four children. had each several bones broken. They were taken up covered with blood and bruises, .ipparently in a lifeless slate, and carried 10 the Middle sex.tio.pital, where they remain without the smallest hope of tecut•ery. THE NATIONAL REGISTER OLD BAILEY SESSIONS. FRIDAY, JULY 20.—The Judges did not sit to-day. The Common Sergeant did not appear on the Bench until past I I o'clock. Thomas Wellman, aged IS, and Martha IVelman, aged IT, brothee and sister, were indicted for stealing in the dwelling-house of George Alexander, 13SI. in Bank -notes, the property of William Rae. Mr. Rae is a dealer in jewellery, and in June last was a lodger in the house of Mr. Alexander, at Islington. Mrs. A. being confined to a bed of sickness, the female pH. sailer was hired as an extra servant, and iu that capacity had access to Mr. Rae's apartments. On a Monday Mr. R. deposited 1331. in Bank notes in ■ small desk in his bed-room, and on the following day, on opening his desk, he found that the whole of his money was gone. The lock bad no appearance of force, and utast therefore have been opened with a false key. The servants were all searched, and taken before a magistrate, where, however, nothing could be proved to affect any of them, and they were discharged. Mr. Rae, however, was active in his inquiries, and he learned that T. Welman had been two or three times to see his sister, and 111111 been seen conversing with her at the door, but not inside the house. He then endeavoured to find the male prisoner, and ascertained that he had ab scinided from his house on the day of the robbery. He also learned, that the female prisoner had endeavoured to persuade a woman, a friend of her's, to take charge of a key, and on her refusing, she threw it away. Having taken the precaution to slop paymeut of the notes at the Bank, one of them, for 131. was traced ill a few days to a tradesman in Holborn, to w limn it had been paid by T. Welman on the very day of the robbery, in payment fur wearing apparel. After a long search a Police officer apprehended the male prisoner on the Chatham coach. — lie was very smartly dressed, and had a large quantity of doilies iu his trunks. His sister wag then also given in charge. The prisoners merely declared that they were innocent. The Common Sergeant, in his charge to the Jury, ex pressed his doubts whether the evidence was sufficient to convict the male prisoner as a principal, lie never having been seen in the house ; and the jury would acquit I unless they should be of opinion that he was standing at the door at the time of the robbery, and had a knowledge that it was shunt to be committed. The Jury reiireJ for upwards of an hour, and returned a verdict, finding both the prisoners Not Guilty. 'I lac Couttoon-Serjeant—Prisouers, you have had a very met riful Jury indeed, and ought to be extremely thaukfnl for your escape, for had the verdict been otherwise. I have no doubt that the law Mould have taken Its fell course. MIDDLiSSI SESSIONS. The Court was occupied the whole of Friday in trying petty assanlts, scarcely any of which possessed the slightest interest. Mrs. Stabbings was indicted for assaulting Mrs. Ford.— The parties lived next door to each other on the Cm weren't-road, and Mrs. Stabbings kept a monkey, which was in the practice of going into Mrs. Ford's house, and frightening herself and her children. On occasion of the last visit the monkey paid Mrs. Ford, she accused Mrs. Stubbing., in rather severe terms, for keeping such a nasty create' e. Mrs. Subbing. resented the insult offered to her layout rte by thrusting his posteriors into Mrs. Fs face r which) was the assault complained ut. Mrs. Stabbings was found Guilty, and sentenced to pay • tine of a shilling; and admonished to make her monkey be snore domestic for the future. DREADFUL CIRCUSIsTANCIL—A considerable crowd collected about Union Hall, on Saturday morning, in con sequence of the examination of a man names' David Thomas, on a charge of stabbing another in the gioin, with intent to murder I . Tim affair look place on Finlay evening. David Thomas, and a 111411 of the name of John Matthews, were fellow•woikweu, at the mustard manufactory of Mes►rs. Rutter and Co. Lambeth ; and on iday afternoon they, and others of the men, had been drinking, but nut very freely, when a quarrel tool place, but it was made op, anti no tut flier cumiequences were expected to ensue. in the course of the evening they were at work in seeming amity, when a tankard of porter was sent for. In the interim, Thomas was paring his nails with a penknife, when some one pushed against him, and uttered some *arca/lite expression, upon which he turned about and , without saying a word, plunged his knife 11,10 the groin of the man. The poor fellow clapped his hands • to the wound, cried out" Aluideil "and fed to the ground. He was taken up and conveyed to the nearest surgeon's, where, on examining the wound, the entrails welt' found protruding firm it ! He recommended that the wounded man should be taken to the hospital, which was imme diately dune, and his wound dressed- The knife, it ap peared, had entered the groin, and taking an upper di rection, inflicted a wound of considerable leilgth.— Thomas was conveyed in custody to Union hall on Friday evening, where a abort deposition was taken, and he was remanded until Saturday mottling, when he was again brought up. A certificate was received from the Stir. geon, slating that the wounded man had suffered ex calmly during the night, and that lie %vs, in a slate of imminent danger. At one lu'1•lock Satin day, .t he magis trates proceeded in the examination of the wittiLse.s, and the prisoner was remanded. ACCIDENT.-Mr. Sergeant Vaughan met with a serious accident ou Friday moo mug, as lie was during his single horse chaise through Leicester-square, in consequence u I the animal falling. The learned gentleman was throun out with considerable violence, was much bruised on the head and broke lois thigh. few nights since a man, named John Wriett, who had formerly served as a soldier in India, went to bed at the Leicester Aran, Penshurst, lu die n glit lie dreamt that he was attacked by some of the natives of India, and that he attempted to jump through a ca•k to escape. So powerfully was the man agitated by the dream. that he actually jumped (still in a state of somnolency) through the window of his bedroom. IVe are soli) , to add that he broke one of his arms, and was so much bruised that at first serious apprehensions were entertained for his rectivcry. MILANCUOLY ACCIDIXT FROM FIRS.AIIIIII,—AR Inquisition was taken on Monday evening, which sat until one o'clock on Tuesday morning, at the Swan Tavern, Bayswater, before J. Stirling Esq coroner for Middlesex, on the body of Mr. Thomas Barnwell', 19 years of age, the only son of Thomas Barnwell, Esq. of Walham-greets, who was accidentally shot by a son of Mr. Wink worth's, of Connaught -terrace, a young gen tleman about his own age. On Sunday last, both these young gentlemen, with others, were invited to dinner at a gentleman's house in Bayswater, and previous to din ner, they were amusing themselves at play in the garden .. Mr. Coward, the gentleman with whom they were to dine, went to dress before dinner; the deceased thinting he was too long, went, accompanied by Mr. Witikwonh, to his dressing room to call hint. Ou their entrance, Mr. Coward was in the act of pulling on his boots; his fowling piece stood in one corner of the loom, and Mr. Winkworth, not knowing it was loaded, unobserved by Mr. Coward, took it up, and the contents went of and lodged under the right shoulder of the deceased. Mes sengers were immediately dispatched in every direction for the most eminent surgeons. Mr. Heaviside, Mr. Gunning, and another surgeon soon arrived, and did all that art could do to save his life, but to no purpose ; and he died three hour. and a half after the fatal accident.— The Jury, after hearing all the evidence at great length, returned a verdict of Accidental Death. _ MELANCHOLY SUlClDE—Coroner's /Hquesi.—On Tuesday last an inquisition was held at the Globe -tavern, Howland-streei,Tottenhain-court-road, beforenStirling, Esq. coroner, on the body of Joh n Shaman, aged 25 years, a carpenter, at Covent-garden-theatre, who pot a period to his existence under the following circumstances:— It appeared from the evidence given by Mr. Simian, the deceased's brother, and a person named Broderick, with whom the deceased lodged, that he was a married man, but lois wife and two children had been in the country for some time past. He was frequently heard to cow- - plain of the disordered state of his head, and something seemed to weigh heavily on his mind. He was in the habit of calling at his brother's house, and Saturday night was the last time he called there. He was sober, and his brother remonstrated with him, and endeavoured to urge him to a new life; but he seemed to maintain a sullen moroseness. Shortly afterwards he rose to quit the place, and shoot hands with his brother and his wife, bid him " Good night;" and proceeded up stairs to the first floor apartment, and locked himself in. The family was soon afterwards alarmed by the sound of fire arms, and on proceeding up stairs they found the de ceased its the room lying on the floor weltering in his blood, with two pocket pistols by his side. It appeared that he prepared himself with the pistols prior to his coining to the house; they were loaded with ball, and on entering the room he placed each weapon to his ears, and shattered his brainsabout the apartment. Mr. Robins, surgeon, of Tottenham-court-road. was sent for, and he attended instantly, but the deceased was quite lifeless.— Before the Jury he proved this to be the cause of his death.—On searching the deceased, three sovereigns and some halfpence were found in his pockets, together with a book in which he war. in the habit o f ? setting down his accounts, and which lie had recently procured from Iris brother. Several witnesses spoke to los state of mind, and the Jury returned a verdict—" That the deceased committed the act at the time in a state of temporary derangement." FATAL EFFECT/ OF INTOXICATION.--On Monday au inquisition was taken at the Queen's Head, Lower- - street, Islington, before Thomas Stirling, Esq. coroner for Middlesex, on the body of Joshua Maul. Thursday night the deceased and another young man had been drinking at the Bell, at Battlebridge, till they were both in a state of inebriation ; the conversation turned upon who was the best swimmer of the two, bets were laid, an.l after they left the house, at half past t I at night, . it was determined upon between them that they should repair to the canal and decide it instantly; it was no sooner proposed than put in execution ; they repaired to tne basin of the Regent's canal at the top of -Maiden lane, where, in the presence of their friends, they both stripped and jumped in; shortly afterwards the deceased sunk and disappeared, the alarm was given and drags woe procured, but to no put pose. Friday and Saturday the search was renewed, but it was not till Sunday wonting the body was found. Verdict—accidentally drowned through the effects of intoxication. A NICUOTE.—Dr. Pante, master of Peter House, and Dean of Ely, in Cambridge, was a very facetious pvi- • son, and such a lover of blow-sharp jests, as to be much hated for his wit. He happened one clay to call a clergyman a fool, who was but little better—on which the gentleman so complimented threatened to complain. and lay the case before the Bishop of Ely. " 1)4.—d0," said the Dean, " and my Lord Bishop will eolfins yea I" CAUTION.—On Saturday. in the Court of Excise, a licensed victualler was fined two fifty pounds, in conic qitence of prohibited articles having been found on his premises, and informations for the same offence have been lai.l others. It is nue 'mention, we under stand, to publish the names of all those who are con , 'let, dof the above offence in the Court of Excise. Au ind it tilual was COIIVICted in the penalty of 701. for having eight gallons of raw spirits in his irossession. Peter Kerr, who escaped in a state of nudity from Ballylxn prison, on the 13th of June, and swam twicsi across the canal and the tide, was taken into custody, i liallyjamestluti; on the night of the 21st ult. being in WOllll/I ' S apparel, and in a lodgingleft he had taken up his quarters fur the night, nt company with his mother; sister, and brother. Twooulig girls belonging do the house began to j e er hi m on his appearance or manhood; and a suspicion soon sprea.l through the til lage, that this robust looking, lotig.sariding litis.y was not a genuine de tnsel. He indeed wished to pass for an onto:It:led girl ; but his beard g sc the lie to. his tongue. Constable Nlorrow therefore came, it:t examination, ha stag found that Kerr was not one of the law sex, took him Mit) custody, and had hint commit led to Cavan gaol. from w lout lit oho cscui ted back to .1.5 old (pant la.