The National Register. — London, England, 1819-07-18 00:00:00

1151.1 L. 44 INTELLIGENCE. courn or commoN IS, JULY 1.1. µi/EA(A/ rIt(1111 , E OF MARRIAGE. SIM:\ e I It COLE. Mr. lote.ll.lli slated, that this action was bronglit b. Miss \111,14 Spelicer to recover damages from Mr. Win. Cole foi a hie:tell of promise of marri iae mole to her. Ile would bi icily Aare an outline of the ease leasing it to the Jury to decide upon the evidence laid liel'ore them, to what amount of damages his tient was entitled. The plaintiff, Miss Sneneer, is now I.Tenty-tw o years of age ; the defendant. Mr. Cala, an attorney by profession, is about twenty-right, His tither is a respec table silk mercer, residing in Wood -street, Cheapside. The young lady is the sister-in•law of 3lr. Reynolds, who keens the Dell tavern, in IVood-stieet, Cheapside, at which house the plaintiff wa s on a vi s it i n th e moo c h of August last year. The defendant, living in the neighbour. f l o o d, occasionally visited the Bell, and there became ne wt tinted with Hie plahstiff, and appeared very assiduous In his attentions to her. An epistolatory correspondence having taken place between the parties, defendant viii'. eroded iu gaining !hiss Spencer's; affections. Sobsennetily to this the defendant imitate to the plaintiff's mother, a respectable lady, residing at Oadby, in Leicestershire, swing his admiration of lier daughter : and after some ohservatinna on her sweetness and amiability of disposi repsested to he informed alint her fort one was to be. 'Ming lady's mother having t eplied to this letter, every prep sratioii war made for their marriage. The li cense was prricureil, the wedding sift.; was bonglit, and the young lady's bridal clothes werentade tip. After this, however, the defendant. in March last, became less Jac que'', in his visit-. and mare tool in Ilia attentions to the plaintiff ; and lie at length di elated to Miss Spencer's brother-in-law, that he could not marry her. The defen dant's father hail floe!' the cninmenceinent been aware of the courtship, and Miss Spencer visited iu Nothing appeared which could account for the alteration of the defendant's intentions. Mr. Reynolds haviog noticed the coolness of the defeillant, waited upon him to know if he still void Hilted his intentions to Miss Spencer, stating. at tie Salle time, that every preparation was made for their nuptials. The 401111111ot ouplied, " Cer- Mints l do mean to Marry her, and will make her my wife at 9111111 at I eon;' Notwithetainting Ibis deelatation, de fendant did nothing towards the firltiiiiient of his promise. 1)11 the . 25th March, the detemlaiit, after having been for some Imams in the coffee-cooni of the went to the bar, and told Me'. Reynolds that his sister in-lases was a girl of no charades, that lie would not finery her, and that he believed he (Mr. Reynolds) wa. as intimate will, her as he was with his wife. This language was not of comae allowed to pass unnoticed by 'lr. Reynold., nor wol,id it, lie trusted, escape the ationti. n of the respectable Jury wham lie then addressed. Miss Spencer had a decided objection to any proceed/co tieing instituted, and tier ob jection to have the matt, r openly canvassed ntal ked the sense of delicacy and feeling by which she was actuated. Her friends. however. felt is due bosh to her character and their own to bring this action. Their object was not to recover heavy damages, lint in order to rescue- the chararters of' the young lady and her brother In-law front the most foul and unmerited lanpntations. He now boldly called 'upon the learned counsel fur the dePace (Mr. Sere grant Copley), to apologize for the grossly insulting lan guage used by his client—language used without either a shadow of truth or of provocation. Mr. Sergeant Copley cheerfully accepted the challenge of Isi. learned brother, and begged to state to the Coen and the Jury, that he had been instructed by hiss:bent to make t h e apology called fur, anti retract the haputailoos which bad been improperly cast apes the characters of the plaintiff and her friend*. His client had begged of him to state his sincere contrition for the expreatuons he had used in reference to the plaintiff and her brother-la. law. Mr. Reynolds. Mr. Sergeant Vanghan ohs d, that the evil heaving been alone, a hare apology could not now be accepted. Mr. Sergeant Copley said. Iles apology had been offered before the trial, with the atitlitiou of ROI. by way of coin pentition, but both had been refused 1 he ChrefJustiee.-1 think the call for an apology ha,. ing bean made, and the apology having bees. offered, the due weight which attaches to this circumstance ought not to he overlooked. Mr. Sergeant Viinghan, after a few additional observa tions, called witnesses who fully established the ease. Here the plaintiff's case closed. Tlr. Sergeant Copley add d the Jary for defendant. He stated, the father of Mr. Cole was averse In his son's forming suet; a connexion, and naturally so, as Miss Spen cer had no fortune. The defendant's hesitation to fulfil his engagement arose, first, from the remunstiances of his father ; and, secondly, from some *reeve losses which he had sustained from the deficiency of the pi ()three of souse wines in which lie was concerned. The Chief Justice summed up al cnn•idcrable length. Having gone over the evidence fur the plaintiff, he ob served, that the defence set up way, first, the resinous trances of defendant's father, of ahieh there was no ;Hoof ; and, secondly, the loose; su•taincd by him ; added to whirl' came the dreadful imputation as to the brother. iii•law, of which, there was nut even an attempt at proof. The plaintiff was a young lady respectably educated and of unisupeacheil character ; and it would he for the Jiffy to decide. tinder all these ciictinoitanci,., what was the amount of damages to which the conduct of defendant subjected him. he Jury, After a few moments' consultation, returned a verdtct for the 14ainiilf—Damages 5001. COURT OF KlNO's RENC4I.3I:4r 14. (Be)ore Me Surlorr or SUREF.Y.) BREACII OF PRONIISE OF MARRIAGE. GUAR D. PAU10“1011, The defendant 11.1ving io emitted juoligittent to ,v) by de f4olt, a Jor!‘ rt the rowdy of Slll aey l o.csoole4l b r i ore the Sherd to assess the damages %%WO) the pldiuid hid Mr. Barry, for the plaintiff; staid the CAPP. Ilia client was he said, a fa, mer, and hail been A iitihtican.,lmlh of t WWI %unions in such Ia he filled with vent r rrdit to him self. His circumstances were 0.0 41.111111111111 k, 11141 began In look Omni fur a wile, and {%114 indifferent i. 10 the wi..i o ;ht of her vase, so that she possessed those qua lities, will t nhicli the matrimonial stale was liable Ise become %inse than ail sillier was fare. His ale hail at that saason Wien" the lierday in the Mood is Uwe, 'lib ittitul.le,hutt waits upon the awl his TUE NATWNAL REGNTEII eye no longer rested upon those extrinsic heanties which too frevently liii, w the judgment 6119 Directed by a neiud so constituted, it would have here' im probable that he should select a girl for his c0mp:1,6011.- ILa babies we re too much in the honest nod sineree John 801 l style to mite! of the fully of sentiment in the most immittaut event of man's life. Conscious the he nowt look for happiness in congeniality of moil, he cast a glance at the widow Or a worthy cieteell in LOllllOll, who seemed In him, from the fullness of her years, leer nelson, and her understanding, lie be well adapted, either to the task ef obeilleoce or autlicei illy which men aliernately bestowed apnea their wives, as temper or occasiim dictated. she was the widow of a 111411, wham every man lend reason In bless, at least once a day oiler shaving himself- -the widow of the celebrated Park wow!, who had !Hosed that lie had :bought her worthy of his rhoite by leaving her in leis last wilt and testament (091. per annum. The annuity was, the learned counsel repeated, by no n.eana,. a prominent objeci, although to he sure it was by no means an objection, for his client sensibly confide red, that in the marriage state it was desirable that the sense of inferiority, which the Walll of fortune usually inspired, should net exist, obhge timt a feeling rather remote front love. About fuser years ago the plaintiff and defendant hiss saw each oilier. They were delighted. The widow's eye was lighted up with 11111 l steal brillianey. The defendant telt its prover ; it was an intellectual rye -not use of that bold and bre gular lion which CI4 need familiarity with a stranger. lint conveying an express ion of permanent and undivided et ttachment to the object use whom it was fixed svelte a con. slant guar. Language seine Must foie!' ; declarations of never•failing atliclion wee e reciprocally made, and flee widow Packwood, who had aiready been so happy its a husband. consended to my the experiment a seennol time. and pledged ileinir to heroine the wile set Air. GAM, ; but unfortunately fur ear Hit tit of the learned conii•e I, her name, iliongli now changed, was not Gibbs. It ought to he Gibbs, for she had made a promise in the face of Heaven ; it ought to be tiebles, for the teem ding aneel had written it down, and em tee, except that of scalding re pentance, could ever °bedew(' the impression. It might to be Gibbs, for Gibbs had fixed his heart upon the ex pectation, and nothing con'el iccompense him for the in,ine y lie 11411 sustained. The w I.IOW W 4 ,1 one of the most ex traordinary willows toot ever came into a Court olJustice. It would appear that she delighted in entrapping and dis appointing men ; for but a lithe befot e she become or (painted with his client, another suitor had presented Imo sed, and been promised her howl. A short acquaintance, linwever, satisfied the Indy, and she learned off her admirer who oppheil to the Imoevolent power of the law, whit le never failed ite healing the wounds inflicted either by man or woman, and cove him a eunsiderable recompense i u damages. Tile lady was now the property of Humber, but the happy collide wee e srpatated by flout al consent, not on account o: defect in the temper of either, lint because she was ecoimmically inclined, while he was rather inimiticebt. The Jory waned, it was to be hoped, gise by their vetdie t a warning to all widows. beret:ll lutlfro, w;iii•h *eie stated to have been written by the defendant to the id.iotitt, were pat- in and reed, in order to skew the breath proanisa and several witnes • ies were examnied. Mr. A I,bott, the Under Sheriff, gummed np the evidence, and the Jnry, atiet mume ennitiltation,tetutued a verdict. fur thin plaintiff—Datnages VICE-CHANCELLOR's-COURT. I.TYCOL'i'B•IYN, SA. lURDAY. JULY to. THE MARLBOROUGH GOLD PLATE, DIAMOND SWORD, fee. The Earl of Sliti j "lt-slniry. Lord Ri;liert Spereeer, and others v. Ms Grace the &dee of Mut thorough. The same r. the ranee and Thomas Triplmok. Sir Arthur Piggott moved, on the sitting of the Court. that the noble defendant in these two cases should tre ordered to deposit in the cake of Maxtor Con, on or before the 15th instant, all the gold plate. boats. a diamond sword, a chronometer. • gold repeating watch, all astronomical instruments. sculpture busts. and ornamental thins, which were in poseur:aro of the lute Luke o: Marlborough at the time of his dentheainder the follon:ng cir cumstances, :—The late Doke by his will. appointed tar plauitiffe his trusters, aid vested in them his estates to: t. e payment of hie debts, and to provide a large sum for the support of the present Duchess of Marlborough and her family. wits the residue to the noble defendant. as tenant for life, with the remainder to the present Marquis of Biandtimrd. The pLeintiffs filed their hill on the death of the late Duke. to carry into effect his will, and , ' the Court made a decree in the month of May, 1818, On the 7th of last month it beanne necessary to the noble piaintiffa to file a supplementary bill, from certain circumstances whveli had come to their knowledge. l'he bill set forth that the hue Duke was possessed of family plate. fie. and then states the will from where he (Sir Arthur) left Mir that the testator vested in trustees all his gold and silver plate, and the articles we have before enin inerated. which should be in the houses of Blenheim and Marl borough, at the time or his death, for the use of whatever Duke might be afterwards in possession, and by his will gave directions to the trostees for the preeervation of them. lin honour would see how particularly Jealous the noble testator nos ot we conduct of the present Duke; he uirecwd by his will that toose articles should be kept in the Ntansion !louse, at Blenheim, and that they were not to be remove ,l fmm thence s ithout the con s:sit of the ens tees; and he directed that after his death an ineen tore should be taken by the trustees, and two copies should he wide and signed by the trustees, and whoever might be the tenant in possession for the time being; and that tne trustees should enamine the articles from time to time, to see that they were in safe keeping, and to see that they were repaired and replaced, and, in case of any of them being niissing, restored at the expence of the Duke in possession. The bill then stated,. that about-. three months before the filing of it. the noble defen dant had cattend all the gold plate to be remuoved from Blenheim by the defendant, Thomas Tripleede. a stationer, residing in St. James's Street. schaotfereel to pawn Ahem with several pa.. Amu kers, and actually did pledge them with one. and offered them for sale to Mr. Albion Cox and a Mr. (euest. but they refused to purchase them, nom the suspicions circumstance of the engraved arms being covered with was. Sonic of the plate at that time was in t:.e custody of the detendunt Ttiphook. The bill played that the h fendants might be decreed to deliver over the emelt% to the noble plairgiffs. The noble de tendant hal nos put an answer in. and had made no application for time for that pur pose, although one month and tame days had elapsed 'Aztec the tiling of the bill. An application on the Nth of June was made to the loud Chancellor, tor an injunction to restrain the deten dents from pawning. netting, or diseoeing of the gold plate and the diamond sword. end (tor removing ! the other articles front the mansion at Blenheim. Ili. leoriship on he trine only two , a fEjseits stated. granted the injunction, hut since nut tim e noble defendant had not made any aplrti, scion , or Attempts' to con. tra,liet the afm:davite. The Learned (7ouilsol then stated the nth davit of the Earl of Shottesbury hich is before the pithlic.) lie then statod another affidavit of the Noble Earl's, which set forth. that after the granetiG of the injunction, he Lid an interview with his Cease. when = i nked that the gold plate and the ditte.nly4 sword should be niag in a few days; hut tl.ey had na...nce come to stew, except the diamead sword and a chronenti ter, which way presented by his parent Nfaiedy to the lete nuke, which was found in the pioysersion nE a creditor of the tohle defene dant, who had seized on t h in wider an execution ; an I on the noble plaintiff making an application to the creditor. he delivered them tip. Coder these circumstance he had no doutt but his Honour would grant the order as prayed for. After much of argument of the Learned Counsel, which our limits will not permit us to state, The Vice-Cluaneellar made the following order —" I et the motion stand over till next Seal, to give hie Grace an opportunity of puffin; in his answer, or of filing rts affidavit explanatory lir the wi c k transaction, and to state the circumstances fully ; for in whoever's custody the plate iy, this Court can reach it ; and it will, if his Grace does not make the diackisure: I.e will find, if he does not replace it, that he canna, touch .11C shilling of the rents of the estates until he has done ors Int his Crate deliver up the keys of the library, &c. to a pmper person 'who is to inspect them, and to be appointed by the trustee!, Ono or before Monday se'nnight. and let the diamond sword and 'clwannmenz that have been reeuvered be lodged in Master Cox's office." OLD BAILEY SESSIONS. EXTENSIVE 1108131:IlY.—. William Ta.chell and William- Ransom were put to tie hay, charged eith stealing ti cwt. of hemp, the property tithe London-dock Coeipany, on toe 301 h of May last. This case excited much interest, as Mr. Tatchell a hemp merchant of great respectability, residing in Thames • street. The Court was crowded with geutTenien, ptcprind to give him, if it should be necessary, the highest character toe po inty at amen:limit. and toe the most honourable dealing in i.1!1:19 transactions. The circumstances were shortly there —Mr. ,t -chell agreed fur fifteen tons of hemp of • certain quality, being a part of about eighteen tons of the same kind, lying in the Jr. d.ln-tilleka , . Of this he took away between 7 sou is urns. (:n the Such of May, he called fur the purpose of taking away tons more: and the charge now against him was, ti at ei en t. 141 h. deposited in , his cart, for the purpose of being ctioveys , l away, was, through concert with Hansen (a person in the cur ploy tnent of the cowpony) not stated in the accouat Our; it !ale the article was being weighed out. , The evidence was gone jatu. but a short way, wires Mr. Alley, as counsel lot Hansom, con tended that there was no felony in the present vise. To consti. tute a t:llft, it was necessary that there should be von!, emital ni q74 , air, ;null° d‘rarlso. Besides, there was no part of the h , nip placed in the cart, talon which the Dock Company could put their hand, and say that was the part stolen. After a few words from Mr. Bosanquet, the learned Judge, Mr. Justice liolroyd, said there was no felony in the present case. Possea,ion was never out of the hands of the London•dock com pany. Had Mr. Tatchell taken away i t tons, it would hate been a felony fur the surplus. If the delivery was chtained bs fraud, which did not appear to be the case, an argument might then be raised on the question of theft. The prisunm were or coarse discharged. Mr. Adolphus, on the part of Sir. Tatehell, expre-sed his re gret that the trial did nut proceed. He did nut by any means consider this a triumph. Had r , idence bean gone into, lie rat confident that the character of his client would stand clear seen of the least suspicion of dishonest dealing. Pet IDA r.—.\l r. J. Steel, slopsel ier. of Great Eastchear, had an apprentice named \Valiant Squires Smith, who had lived in Isis house for a considerable time, and behaved with much propriety. Mr. Steel has lug very extensive business, was often obliged to emplss loose jobbers, and amongst others gave occasional work • to a persons named Benjamin Noble, whose desolate appearalice was his greatest recommendatnern Thts own souk frequent opportunities tit conversing with the • bur, ;mil was tipan one occasion asked by hind.-Air Ilia • oars of eiglitee l.pcoee. " What," said Sable, •' 0.111 you want manic?. t You are iu the snowy:oil. and how can you wain grapes 1" He explained hisnselfby saymy, that the lad had it in his power to put plenty of money into his pockets by disposing of SIMIe of the bits of cloth about the wareltotise,- and offered to assist Miss int Letting a purchase:. -The hint was taken, and the !my was supplied with as much motley as provided him with fruit and cakes, •the only commeAities he wished for From rem:tants of cloth the tuo lilies, s gradually exten ded their depredating's, till they came to whole pieces, which- began to disappear firm the premises writ aiming quickness.-1 he stint kof Mr. Steel Is to great, • that the proprietors did not perceive the di fluency that had taken 'lace within the first few months of the commencement of the robberies.—Nolde was extremely cautious, and used generally to take his station, at ap pointed hours, opposite to the house, where.ke lowered a mist w ita a green bag. His- visits to the spot acre, however, so frequent, that two servant maids resident in the neighbourhood, who had frequently Steil hitt., anal judged from his manner that he hail no honest imrutit it went to Mr. Steel's shop to owner,,, their stispicioeg.— The first person they saw was the boy, what's they.sop posed to be Mr. Steel's sots, arid ma le hint acqiiantied • with their suspicions. He thanked them, end ti4.k earn that Noble alsould be no loiter exposed to the imperil. nent observation ofsternaers. A WOIIIJIIIIIIIIKIi brim it. of whom Noble spoke as a paragon of fidelity, toile his. place, and as effectually ans..% (veil the purpose t or iditudertrs. by the gtreett bag wait the most valu able cloths. At length, the rabbeting% having gone oil without iiiterruption I I months, the toy he:Alia to trem ble at the idea of detection, and told lira tiro berths that he should certainly leave the house. Noble tirAeal the ilec.issi.y of coining away with full lianas, and ads lied hint to make a pull at the annex-safe " Thai's sh.vgivs locked," said the boy. " I'd settle that," re kilned Nonlss, " by.givin t i you picklock keys: take alt you can get, and well go to a placr at' safety." It happened, how. ever, that tuts-ale was by .1)ille accident lent open. l'fe boy, who had it good opltorUuuty, took out a li.ink.tiok: for MI., two for 101. each, and twenty-mu small tarter. lie then joined Nohle. a nil Brown, win , plae , d t is lit an OINICIIIC kali:tog. Mr. Steel 55.15 si,i to isi .11 toll' appearance of his oppreut,ce, awl Ilia e ii , e 11.031 I'o4 WOW thole ill %dins. A4110:1;01 ti:o,e whom he wen' for itits-14cilet was Nn111i.,.1111110 course dtacclainlyd all knowl. it,S Jerrevitcu . .l4l.e., Noble was, I Clef, SD 11111411 ,:n ~t Lal Jilt line carn ts l, 111.11111*i all which the se•areli WA, gc•ittg is m w and, I hat h e sent the boy to•Gravesesiel, 'miler tile tare Ut . ship lIIUI .It tor a, y 4 ;II t;i t y %% line he should he out 111.00 its or sit:s ues:es Those Iwo were nor la ii al CSNVCSCIIII will the woman began to pa t tired of net an d unn - i l. ,1111 a to touutbutr to Ito .11/C 1401