The National Register. — London, England, 1821-07-22 00:00:00

LAlf REPORT. COURT OF COMMON PLEAS, JULY 18. BREACH OF PROMISE OF MARRIAGE. HILLIER B. DAVIS. Mr. Sergeant Pell stated, that this was an action to recover a compensation in damages fur breach of promise of marriage. The plaintiff was Miss Sarah Eliza Hillier, and the defendalit au innkeeper at Eaton, near Windsor. The parties were nearly of the same age, Miss Hillier being 21e, and the defendant Y 1 —The defeticlant became acquainted with the plaintiff about three or four years ago, and he continued his acquaiitaince 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,—l should have wrote before, but waited to 3111101111 Ce tile arrival of Miss Payne at the Star and Garter. Nothing has passed since 1 saw you in Lo idol. I have not said ally thing to my mother yet, ss we have had a tit but the first opportunity I will unto on it to her. '1 tie house seems to Willa every thing. Ikly friends inquire after you, and want to know when you are to he at Eaton. 1 have bought a nice horse to bring you to Eaton." The above was addressed to Mrs. French, at Mrs. Peaches, 90, Manor-place, Walworth, and the learned Sergeant explained that circumstance, by saying the lady had lived with a Mr. French, and therefore was called Airs. French. The circumstance was known to the de fentlant.w Ito waived all (dike' ions, convinced of thorough reformation in the lady, and that she would make bun happy as his wife. The next letter was dated Sept. 22,1820, and the jury would find the defendant expressed himself in warbler terms:— My dearest girl,—l will take the opportunity of being with you on Tuesday next. You will range it so, that we may return to E4«111 that night, as 1 cannot stay from business. The College boys are come back, and want to know where my Wile is. 1 have been very low in spirits these three days. I shall not say more now, as it will lie but short before 1 see you. 1 will drive up my gig, and be with you at breakfast." " l'tly dear girl,-1 received your letter, and write to say I have waited a long while, and 1 believe 1 shall feel every hal:lntim from my desire to be married, as 1 shall then be in possession of a prudent wile. If it will suit you, den . girl, I will conic to town October the 3d, as Idu not like to be married at the hind of a week. I have the pleasure to say, I am 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 t Miss Hillier was to come to Eaton. Her clothes were conveyed to) his holm, and after all he thought it proper to break off the bargain, and the question was, whether he ought to be permitted to rescind Ins promise without paying a coat. pensation in damages. He understood the defence was to be that the plaintiff was a kept woman. If Miss Hillier had imposed nn the defendant, he was ready to admit the smallest damages would be sufficient. It was not however such a case. lie should prose that the de lionlant well knew the situation of the plaintiff. lie knew she had been living under the protection of a 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 1001. in wedding dresses, which the Jury would doubt less consider in their damages. Mrs. Peach, a widow, residing in Manor-place, Wal worth, stated, that the plaintiff came to Ilse in her house. The defendant kept the George Inn, at Eaton. The plaintiff was a beautiful young woman ; most refitted and delicate in her manners. The defendant visited her in the course of the last summer, at Walwurih. In Sep tember the plaintiff sent her clothes, and prepared to remove to hi non, to be married. She heard the plain tiff say, the clothes she made for the marriage cost wul. Out her cross-examination, by Sergeant Vaughan, she slid she did not know whether the defendant was a minor. The house lie kept at Eaton was highly res pectable. Leach, a carrier, proved that he took Miss Hillier's clothes w E lion. The defendant said, " tell toe lady I am well, and I shall be in town in a few days." The letters were then read. Sergeant Vaughan addressed the Jury. He did not wisa to say any thing unlasourable of !edits, but he was cihlt4tl to ask the Jury to exercise their god sense in et-r to discover whether this was not a trap set by tit any to ensnare his client. Miss Eliza Hillier having been in the arms of a gentleman named French, seven years, became desirous of forming matrimouy, :Mil site lOUSIII the defendant, who was a very young Mall, ht for a husband. Chief Justice Dallas held that a promise of marriage made by a man to a woman who had been kept by ano ther 111311 was binding, provided the party was fairly up prised of the circumstance before he made the promise. He left the Juicy to say what damages ought to be given under the circumstances of this case. 'file Jury, alter some deliberation, found a verdict fur the plaintill, damages 301. costs 40s. Dreadful accident—Thursday, as Mr. 13c11, a master brickla)er, and two labourers were erecting a scaffold to th e hack front of a house, No. 30, in Porlatuktreet, the ledger w hich suppotted it, front being rotten, snap ped in two, and the three unfortunate men were prey!• rutted to the ground, a depth of about 40 feet. Mr. Bel had one of his legs broken, the bones protruding through his stocking, and otherwise bruised a.ll over; he was taken up insensible and carried home on a shinier. -- llte two unfortunate labourers, one of whom 1143 a wife and four children, had each several bones broken. They were taken up covered with blood and bruises, apparenay in a lifeless state, and carried to the 'Middle sex-hospital, when they remain without the smallest hope of recovery. THE NATIONAL REGISTER OLD BAILEY SESSIONS. ••••111... FRIDAY, JULY 20.—The Judges did not sit to-day. The Common Sergeant did not appear on the Bench uutil paid II o'clock. Thomas Welman, aged IS, and Martha Welman, aged IT, brother and sister, were indicted for stealing in the dwelling-house of George A lexander,l3,6l. iu 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. Alexauder, at Islington. Mrs. A. being confined to a bed of sickness, the female pri soner was hired as an extra servant, and in that capacity had access to Mr. Rae's apartments. On a Monday Mr. R. deposited l i.il. iii Bank-notes in a small desk in his bed -loom, and on the following day, on opening his desk, lie found that the whole of his money was gone. The lock had no appearance of force, and must 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 effect any of them, and they were discharged. Mr. Rae, however, was active in Isis inquiries, and he learned that T. %Velma', had been two or three times to see his sister, and had been seen conversing with her at the door, but not inside the house. He then endeavoured to find the male prisoner, and ascertained that lie had ab sconded front his house on the day of the robbery. He also learned, that the female prisoner hair endeavoured to persuade a WOlll4ll, a friend of her's, to take charge of a key, and on her refusing, she Mire/ it away. H a ving taken Cie precaution to stop payment of the notes at the Bank, one of them, for I d. was traced in a few days to a tradesman in Holborn, to w lions it had been paid by T. Welittan on the very day of the rubbery, in payment for wearing apparel. After a loug search a Police officer apprehended the male prisoner on the Chatham coach.— lie was very smartly dressed, and had a large quantity of clothes in his trunks. His sister was then also given in charge. 'fire 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 hint unless they should be of opinion that lie was standing at the door at the time of the robbery, and had a knowledge that it was about to be committed. The Jury retired for upwards of an hour, and returned a verdict, finding both the prisoners Not Guilty. 'I he Common-Serjeant—Prisoners, yon have had a very merciful Jury indeed, and ought to be extremely thankful for your escape, for had the verdict been otherwise, I have no doubt that the law would have taken its full Course. MIDDLESEX MISSIONS. The C,otirt was occupied the whole of Friday in trying petty a Its, scarcely soy of which possessed the slightest interest. • Mrs. Subbings was indicted for assaulting Mrs. Ford.— The parties lived next door to each other on the Ctn mercial•road, and Mrs. Stubbings kept a monkey, which was in the practice of going into Mrs. Fold's house, and frightening herself and her children. On occasion of tile last visit the monkey paid Mrs. Ford, she accused Mrs. Stubbings, in rather severe terms, fur keeping such a nasty creature. Mrs. Subbings resented the insult offered to her favourite by thrusting his posteriors into Mrs. F's face, whictil was the assault complained of. Mrs. Si nbbings was found Gnilty, and sentenced to pay a tine of a shilling; and admonished to make her tuuukty be wore domestic for the future. WESTMINSTER SESSIONS. RIOT IN WESTMINSTER: Uhl Saturday morning T. Hope, private in the 3d regiment of lam guards, who was acquitted on the coroner's inquest held upon Wni. Cagle, who was murdered on the 181 h at Jane, Mr which Itl'Carthy, the &winner, and tour other soldiers, are to take their trial at tile Old Bailey, was indictvd fur being concerned of the said riot. TM:nias Coalman, Ann Start, HieFard Webb, and several mint witnesses were exammed, and proved the identity of the prisoner at the liar, as being armed with a stick, exciting several other soldiers, who were i:1- treating and heating the mob, who were flying before them in all directions. John I I ti t :got proved that the prisoner struck Cooper, the police ollieer, with a stick, and was endeavouring to rescue a 111411 he had in custody. Cooper swore, the prisoner WJS engaged very actively in upposiog himself and his brother rihicers, but he could nut swear lie struck the t It being so great; he was knocked down himself and beat anti kicked most set erely ty the sol diers. The jury without hesitation found the prisoi...r guilty. Mr. White (a magistrate of Queen-square, who oin ciated in the absence of Mr. Coast, the chairman) la mented the ',annul task lie had to perform in passidg the Judgment or the court. file jury could not otherwise do than to hod him guilty. lie regreited the ilnnderiy conduct of the soldiery, who, if they conducted • thym selves well, were an ornament and honour to weir country ; but it was a pity, that on the anniversary ut that memorable day, they should nun their arms against their fellow-countrymen. He would have them to un derstand, that whilst litre, they must behave peaceably and orderly towards his Majesty subjects. '1 he judg ment of the court is, that he be imprisoned six months in the douse of Correction, and kept upon the goal al lowance. A few nights since a man, named John Wrig'it, who had formerly served as a soldier in India, went to bed at the Leicester Arms, Penshurst, Iu the night he dreamt that he was attacked by some of the natives of and thit lie attempted to jump through a cask to escape. So powerfully was the titan agitated by the dream. that he actually jumped (still in a state of somnolency) through the window of his bedroom. We are sooty to add that he broke one of his arms, and was so Mulch bruised that at first serious apprehensions were entertained for his recovery. 231 MELANCHOLY ACCIDENT FROM FIRE-ARIES.---An 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 Barnwrlll, 14 years of age, the only son of Thomai Barnwell, Esq. of Walham-green, who was accidentally shot by a son of Mr. IV ink 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 thinking he was too lung, went, accuitipaitied by Mr Winkworth, to his dressing-room to call him. On 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. Witikworth, not knowing it was loaded, unobserved by Mr. Coward, took it up, and the contents went off and lodged sunder the right shoulder of the deceased. Mes sengers were immediately dispatched in every directit 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 hours and a half after the latal accident. — The Jury. after hearing all the evidence at great length, returned a verdict, of Accidental Death. AIELANCHOLY SUlClDE.—Coroner's ingUesL—On Tuesday last an inquisition was held at the Gtobe-taver . Howland-streei,Totteitharn-couri-road, before T.Stirlio o , Esq. coroner, on the body ofiohu Sloman, aged 25 years, a carpenter, at Covent.garden-theatre, who pitt a ',cried to his existence under the following circumstances: — It appeared front the evidence given by Mr. Shaman, the deceased's brother, and a person named Broderick, with whom the deceased lodged, that he was a married Wail, but his wife amid two children haul been in the country for some time past. He was frequently heard to coat-- plain of the disordered state of his head, and sortie' hiog seemed to weigh heavily on his mind. He was in time habit of calling at his brother's house, and Saturday night was the last time he called there. He was sober, and his brother renionstrated 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 bands with his brother and nis wife, bid him " Good night ;." and proceeded up stairs to • the first floor apartment, anal locked himself in. Tile family was soon afterwards alarmed by the sound of fire arms, and on proceeding up stairs they found the de ceased in the rooin lying on the floor weltering in his' blood, with two pocket pistols !ay his side. it appeared that he prepared himself with the pistols prior to his coming to the house; they were loaded with ball. and on entering the room he placed each weep(*) to his ears, and shattered his brainsabout the apartitieut. Mr. Robins, surgeon, of Tottenham-court-toad,. was sent for, and he attended instantly, but the deceased was quite Ideless.— Before the Jury tie proved this to be the cause of h s iledlll.-011 searching the deceased, three sovereigns and some halfpence were found in his pockets, together with a book in which he was in the habit of setting down his accounts, and which lie had recently procured front his brother. Several witnesses spoke to his state of mind, and the Jury returned a...vertlict—" That the deceased committed the act at the time in a state of temporary derangement." FATAL IieFECTS OF INTOXICATION.—On Monday an inquisition was taken at the Queen's Head, Lower street, lilington, before Thomas Stirling, Esq. coroner for Middlesex, out the body of Joshua Maul. Thursday night the deceased and another young man had been drinking at the Bell, at Ilattlebridge, till they were both in a state of inebriation ; the con% eraatioii turned uptit who was the hest awimmer.of the two, bets were tali!, and utter they left the house, at half pa-t It at night,. it was determined ulioti between them that they shoti!:i repair to the canal and decide it instantly; it was no sootier proposed than put in execution ; they repaired to the basin of the Regent's canal at the top of I.etitleii- • lane, where, in the presence of their friends,. they Lodi stripped and jumped in ; shortly afterwards the deceased stink and disappeared, the alarm was given. and drags %vete procured, but to no purpose. Friday and Saturday tie search was rcarcvs•ed, but it was not till Sunday Muffling the body was found. Verdict—accidentally drowned through the eilects of intoxication. AxacnoTE.—Dr. Panne, master of Peter House, and Dealt of E!y, in Cambridge, was a very facetiou, pet son, and such a lover of biotin-sharp jests, as to be [Hoch hated for his wit. He happened otie day to call clergyman a fad, who was but little better—on which the gentleman SO complimented threatened to complain. and fay the case berate the Bishop of Ely. "Do—do," said the Dean, " and my Lord Bishop will coujit no you !" Catriost.—On Saturday, in the Court of Excise, a licensed victualler was fined two filmy pounds, in coose quence of prohibited articles having been found on Isis premises, and informatiotsa for the same °deuce bane iieett laid against others. It is the intention, we under stand, to putili.ll the names of all those who are co.l - dof the above offence in the Court of Excise. Au individual convicted in the penalty of 7ul. for hav nib eight gallons of raw siarits in his possession. Peter Kerr, who escaped in a state of nudity front Ballybot prison, on the 13th of June, aid swam tw.ce across the canal and the tide, was taken Into custtaiy, Billyjamesiltiff, on the night of the 21st ult. being in W0111i,11 . 3 apparel, amyl in a lodging wtiere he had takan up his quarters- for the night, in company with his mother, stater, a4brother. Twoyoung girls belongieg to the house be ,V n to jeer him on his appearance of manhood; and ti suspicion soon spread through the vil lage, that this robust looking, long-striding hussy iv..s not a genuine damsel. lle indeed wished to puss for an unmarried girl ; but his beard gave the lie to his tong.te. Constable Morrow thereline came. and oil examinatien having found that Kerr was not one of the fair sex, took him into custody, and had him committed to Cavan gar,a, from which he was escorted back to his old quarter*.