The National Register. — London, England, 1819-07-19 00:00:00

,3; , LT IS LAW INTELLIGENCE. COURT OF COMMON PLEAS, JULY 14. OF PROMISE OF MARRIAGE. ErExcen r. COLE. Mr. Sergeant Vow. , lmo siasrd, that this action was broorlit Iry Miss Maria Spencer to recover damages from Mr. Win. Cole nor a tireitelt of promise of marrirge made to her. lie would briefly slate an outline of the ease leaving. it to the Joey to decide upon the evidenee laid before them, to what amount of damages his client was entitled. The plaintiff Miss Suerseer, ia now twenty-two years of age ; the Defendant, Mi. Cole, an attorney by profession. Is shout twenty-right. Hi* tither Is n respec table silk mercer. residing In Wood-street, Clirapside. • The young lady is the sister-in law of Mr. Reynolds. who keeps the Bell tavern, In Wood-street. Cheapside, at which house the ',Whiff was on a visit in the month of August lent year. The defendant, living in the neighbour. hood, occasionally visited the Bell, and there became ac quainted with the plain , if, and appeared very assiduous in his attentions to her. An epistolatory correspondence having taken place between the narties, defendant suc ceeded lit catalog Miss Spencer's Mfectinns, Sob lw r inell ily to this the defendant wrote to the plaintiff's mother, a respectable lady, residing at Orithy, in Leicestershire, 1,41414 his admiration of her tiangliter ; nod after !WIMP observations ell her sweetness and amiability of dis;iosi lion, requested to be informed what her fortnne was to be. Tar young lady's mother having replied to this letter, every preparation was made for their tit ii Haim. The li cense was priest' oil, the wedding ring was heitcht, ancl Ire young lady's bridal clot!. es were made up. After this, imnerer, the defendant, In March last, became Tess fle w:cut in his tend more cool in his attentions to the plaintif f ; anal he at length declared to Miss Spencer's brother-in.law, that he could not marry her. The defen dant's father had from the eminent-mem been aware of the courtship, and Miss Spencer visited in his family.— Nothing appeared which conid account far the :literati.n of the defendant's intentions. Mr. Reynolds having noticed the coolness rf the defendant, w a ited u p on hi m t o know if he still continued his intentions to Miss Spencer, stating, at the 'ante time, that every preparation was Suede for their nnptials. The defendant replied, " Cer tainly I do saran to marry leer, and will rrehe her any wife as soon 1111 cm" Notwithstanding this declaration, di.. fendant did nothing towards the fulfilment of his promise. Oa the 4.5 th March, the defendaor, slier having been for some hears In the coffee-room el the Bell, went to the liar, and told Mr. Rey noldi that his sister-in-law was a girl of no character, t hat lie world not marry her, anal that lie believed he (Mr. Reynolds) was as intimate with her as Ile was within, wife. This latienage was not of coin', allowed to pass unnoticed by 'lr. Its ynolds, nor would-it, lie treated, escape the •ticatioi of that respectable Jury whom he then addressed. Miss Spencer had a decided clijectiou to any proceedings ;wing :iistituted, ;mil her ob jection to have the matter open ly raiivassed 'milked the sense of delicacy and feeling by m she was actuated. 'ler niesuls, however. reit it doe blob to tier eberacit f and their owe to bring this action. Their object was not to recover heavy damages, bit in miler to rescue the character* of the young lady and her brother in-law from the most f-til and unmerited imputations. lie now boldly retied upon the learned connsel fur the defence (Mr. Ser• great Copley), to apologize for the grossly insulting lan gnage used by Iris client—language nerd without either shadow of troth or of provocation. Mr. Sergeant Copley cheerfally nerrpted the chatter ee of his learned brother, and begged In state to the Court and the Jo-y, that he !lad been instructed by his client to make the apoloity called for, and retract the imputations %% hul k had heen iinnronerly cast ripen the characters of the plaintiff end her fr.catle. Ilk client had heceed of him to state his sincere contrition for the expre.o.ione he had need in reference to the, plaintiff and her brother-in law, Mr. Re ‘noll4. . . . . Mr. Sergeimt Vaughan observed, that the evil having been done, a bare apology cont.:l*ot now be accepted. Mr. Sergeant Copley said. the apology had been olfered before the trial, with the additim, of 1001. by way el tom pen44tinn, but both had been retailed. The ChiefJusiice.—l drink the cr•11 for an apology haws ing been made, ant the apology having been offered, the .Ate weight Which attaches to Ibis circumstance ought not to baoverinokel. _ _ _ Mr. S7rgrant Vanehan, after a few additional o!).erva. tionv, called witnesses who folly cstalslodied the cue. Here the plaintiff's C 21.1. closed. Mr. Sergeant Corley addressed the Jury for defendant. He stated, the Gather of Mr. Cole was averse to him soler forming sin h a comsexion, and uatnrelly so, as Miss Spen cer had no fortune. The defendant's hesitation to foltil hie en4agemeot arose, first, from the remonstianrev of him tether; and, secondly, from some severe losses o bit It he had snstained from the deficiency of the product of boon. mints in which he was concerned. The Chief Justice slimmed up at considerable length. Having gone over the evidence for the plaintiff, lie ob served, that the defence set np we., first, the 1% . 1110N.1.. trances of dotienthat's falter, of which there was no oof ; and, secondly, the losses sustained by hiwt t added to which came the dreadful imputation as to the brother iu law, which there was not even an attempt at proof. The plaintiff was a young.lady tevrctahly unitealed and of uninipeachett character ; and it would be fur the Jury to decide. miner alt these ciiensiistalit.. W ha: W 3% the manned of damages to which the conduct of defendant subjected him. . lhe Jut y o efter afe moment*' consultation, returaeJ a ti diet tur the plaintiff—Damages 5001. SATUPDAY. /19. Y 17. CONSPIRACY TO ernucr WORIEN/Y. CUNTER J. ASTOR._ This was an action brought by the plaintiff, a re pc.-table piano-forte manufuchuer, rgainst Elizabeth Astor and Sens, of Comhill, who deal extensively in the same trade, for &conspiracy, in taking from the plaintiff 14 of his workmen, during the exist ence of their revise engagement with him. There were Aevend other counts in the declaration, v.hich ehtirged tl.e defendants with a breach of contract, &c. Screral of the workmtn were eX1:111111Cd in support of the plaintirs caw. Front their testimony, it apt•eared, shut only in Janaary last they were induced by the Messrs. Astor to assemble together f.ir the purpose of receiving an offer to quit their mater's employ, and to fso over t 3 the defendants ,• they wer, entertained with plenty of bread, beer, ale, gin, and rum, and regttled themselves heartily, so that they did not return to do any other busineia on tl.at day. Many of them rejected the solicita tion to quit the phrintiffs, but others yielded and signed a paper, Comenung to g 3 to work with tLe defendants the moment they THE NATIO\ AL EEGS:AIX had fit:ilium, the piece work on which they were then e.nr.ged at the Plaintiff's. Vourteen a,pcxol to do this, and each received for so I' ()log one pond. It also appeared in erirlence, that a contract had subsisted fir some time hetwicn the plaintdri, house and the defendarts, in which the latter had stipulated to take a certain number of pianos weekly front the plaintiff, at a stipulated pries that the defend:tots had, on more than one occasion, regretted the exist ence of this agreement, and intimated a desire to keep in their own pockets the money they paid the plaintiff for manufacturing pianos for them. When some of the workmen during their ne gotiation with the defendants, alludes! to the force of thi 'contract. one of the Messrs. Astor., was stated to ;lave said, that they would soon render the plaintiff unable to fulfil his part of it, which, in the result, was the fact, owing to the removal of so many of his men. The contract was said {c• be worth from ticwil. u year to 1,0001. a year, and was, for seven years, subject to a clause of separation at three years. For the. defendants two witnesses were called, who proved that, when complaints were made respecting some of the pianos to the plaintiff. he spoke in an angry tone, and expressed a desire to get rid of the contract, wit eh lie offered to born; that afterwaids some neloci anon was ca-ried on for the purchase of the plaintiff's stock, which did not terminare in any agreement. The Chief .lattice held that the scdnctiou of the men RV clearly made out, and left the amount of damages to be ascer tained by the Jury. The Jury after five minutes consideration, retuned a verdict for the plamtiff—Daniales 16001. The trial lasted from 13 o'clock until feur. COURT OF EING's BENCH, Jacv Before SHERIFF or Sunnry.) BREACH OF PROMISE OF MARRIAGE 011313 S vPACILVIVOD VVIDJVI, . . . The defendant haring permitt. ((lodgment to go by de fault, a Joey of the county of Surrey mi.embled to fore the Sheriff to assess the damages whirl) the plaintiff bud sostsioed. bur. Barry, for the plaintiff, stated the ease. His client was, lie said, a farmer, and had been a publican, both of which stations in society he filled with great credit to him self. His circurnstauces wete so comfortable, that lie began to look nitwit for e situ, and was indifferent :,s to the weight of her tiers!, so that she porseased those tota lities. without. which the matrimonial state, was halite to become worse than aey otherevat fere. His age hail at tained that season when " the hey-day in the blood is tame, 'tit, !iambic, end waits upon the judgment," mud his eve no loilger rested upon those extrinsic beauties which bee fits euently threw the judgment Into areal) captivity.— Directeil by a mind so constituted, it ss oald have hems im et obeitle that he eltould select a girl for hit companion.— His liabite were ton much in the honest and sincere John Bull style to admit of the folly of sentiment in the most important event of mares life. Conscious that he must lank file bappiuess ill congeniality ef soul, he cast a ;dance at the widow of a uorthy Mile') in London, who seemed to him, from the ruthless of het rats, her pet !MI), and her melt rstanding, to be well :eta; tell, either to the task of obedience or antliority whirls men alternately Iwsrowed open their wives, AY temper or occasion dictated. She was the widow of a man, whom every man had reason to bless, at least once a (ley after •havitateltiinself—the widow of the celebrated Pack wood, who hail proved dinette bad :bought her worthy of his choice by leavinteher in hi, l a st will and testament etke. per annum. 'hoe wintery was, the lenraed counsel repeated, by no tr.eans, a prominent object,iilthough to be sure it was by no meat). an °like:ion, for his clientsensibly considered, that untie manatee state it was desirable that the sense of infelicrity, which the want of furtene usually inspired, should not exist, oldies lion being a fecline rather remote from love. About Attie e ears ago the plaiutell and defeedant 'lest saw each other. They were delighted. 'f.ie widow's eye was lighted sip with imit4ll3l brilliancy. The defendant felt its power ; it was an intellectual eye---ant one of that hold awl isre. 'Mar motion which cla.med .familiarity with a stranger., but cenveying an expression of permanent and undivided rittarlienent to the object on whom it was fixed with a too. Maid gaze. Language soon burst forth ; declarations of sieves tailing affection sear reciproeally made, the widow Pack ss mid, who bad already been so hepey in a 11(101311d, consented to try the es periment a second time, and pledged herself to become the wife of Mr.. Gibbs ; but intim t innately for t!le rah et ni the teamed. euttnsc I, her Name, though stow changed, was not G.bhs. It ought to be Gibbs, for she had made a ;mutese in the face of Heaven ; it ought to be Gibbs, fur the recoteing en.el bad written it down, and no teat,eexcept that of scalding re. pentanee, could ever obliterate the impression. Ii ought to be Gibbs, for Gibbs had fixed his heart upon the ex pstelation, and 'tontine could recompense him for the injury he had All%lainett. The widow was one of the must ee traordinare widows teat, ever cane into a Court ofJustice. It would eppear dust she debghted in entrapt , ine and ilis appointine men ; for bat a title before she became nr quainter) with his chime:mother suitor had psesented him self, sad been lit noised her hand. A dent amplaintac re, however. satisfied the lady, and she turned off her admirer who applied to the beret ohm power of tile law, which never failed in healing the wounds inflicted either by maii or woman, end rase luiia a considerable lecompeesc in damages. Tdie lady was now the property of another, but the happy couple were sepal aled by inset PI censent, moron account of any defect in the temper of tither, lint because she was economically inclined, while he was rather munificent. The Jnry would, It was to be hoped, give by their verdict a warning to ail widows. Several letters which were stated to have been written by the defendant to the plaintiff, were post in and read, iii order to chew the breach elpromise; and several witnes sea were examnied. _ _ _ . . ..... Mr. Abbott, the Under Sheri lammed up the evideivec, and the Jury, after some enmultutioo, returned a verdict for the planniff—Dantatgeo 201. SUPPOSITIOUS LEGITIMACY. ►vaeratON a stinuasauri. _ Mr.llart moie,lWsnaPen.lll;e:Pa;;;;;l of VII. n year, which ►he Coat had ordered to he pad for the mainte nance of Ease Stigma', the &tighter of the late Col. F. Sul ge•snn. The leaned counsel elated r that the amnion to be lironght forward by the present 10011011 wee, whe ther the child of Col. Surgessmi owe a ►oppositions or • legitimate child. The plaintiffs were the Rev. Itlchaid Surgesvun and the outer Hell of kiu of the Coln. net, who claim d the property in the event of the lilt gilt inney of his daughter being eveninally proiett. This !no ti o n ei as (entitled on the affidavit of the Rev. Richard Suqesson, oud theie wets besides the affidavits of the oilier phmetide. He might have had the affidavit. of g eVp. tel witnesses, but As he court ived the pro p er mode of tiyitig the gm•sti'in would be by praying an issue, lie thought tt Would be the fairest way nut to rut those wit- :241 itesses to pledge themselves by swearing to affidavits, hot to allow them to appear in the: box before a jury, wish minds perfectly nmirejittlir ed. The general etnisment of the e as:. eras this gesson, notwithstanding his gaol , . in life, appeared to have been an e pat-. 1 man, sail in the sear I ro' had been confined it. the pr teen in Doltiin for debt. At this period his e'en a tie (lied without issue. About the time, or soon alter he r dies..., lie became amittainded with Autr gurge.sott, then called Anne Crowe, and it was adasittrd had int et mai vied with her. They quitted Dublin and caine to England, tt here they lived together till lie died, without issue,mtitess it should appear that Ehiz.e Sllr2eF.l) was his daughter. The affidavit of the Sitrgesson, fist thee stated, that on the IZIli of relit nary last he rreei•ed a letter from a person alio si E114..1 her :carne EleAllqr Con to this etrect :—"ti.r, I address you as a st range r. and ha ye a circumstance to communicate to you that alit add 30.0001. or -I0,"001. to your childretes fortune. I hop* you sill emne of rr, as after my ile.teinie dirt e wilt he MI end of it." There was a postscript dcsitietsgliat, if he \VI tile an answer, he would pay the postage, seeks was is want of numey. Upon the receipt of this letter. lie eteL oloyed Mr. 11AM:ridge of Wars, i:•k-square, ilea:ring him to rouser the necessary iminiries to be made. &MR, lint*: after lie te.:eiveil another letter, signed " Palmer," di ected to Mr. Sorgestati, Mel. stated that the r liter had • been with E. Citimilighatn, and had bemi iutnr•ned by her Unit Llizi sorgesson st as neither the titYs;winr, ut Colant or Mts.:inn:gismos, but was the child of n servant of the name of Dawes, who hail hied o ills them. The plaintiff's alEdavit then stated, that lie made diligent inquiry as to t lie trillket this information, and lead every reason to be lieve it comet. Such was the evidence contained in the affidavit of one of the next of kin; and it it was cot sad, tient to t blithe them to an issue, more Pill kfartory proof of tlie ritcumstances of the case would be laid haute Lis Lordship. Lord Chancellor.--You have done right, as conisel, ;a net calling fur other utiklovits ; but as this ehdd tits b. ru h ought up ns tile child of the fainity, 1 must have something more thin hiforanatlou and belief. I should be Liking a vtry strong step, indeed, it I was to go a step towards thiplaring this child fr.stu her condition in life, utiles% I lave sty good grounds for it. I refused the sante kind of epplicat uu ill the ease of Mr. Fellowes, who had lived with :I wunsua, and had :I or 4 clu llten crammed upon hire, whirls lurked cut not to be his. Ile it is su food of being considered the father of this woman's children, that she bad presented bids ty tilt several, o Melt some other persuu had dived tier. Mr. Wingfield oboiirt ed, that Cul. Surgesson had lived Ire years after the birth of the child, ;tad had omit . ..rusty tic.' LIP/Ule.lArd her as his own. The preponderance pt the rvi- Mince was in favour of her legitimacy. 'I he Lord Chancellor it:tied, that when althlnvits went to alter the cote and condition i 4 an istlatit. lie would out de cide upon ;hem without hying wire that they committed pro per ground.. lie therefore desired to have further proof bef..)Te be granted on hour._ .01.7) BAILEY SESSIONS. t D IY. NI r. J. Steel, siops , :ller, of Great k,astcteap, had al apprentice named William Stinnes Smith, tt Ito had lived in I t., i,ooic for a consid.:rable tine:, and bt hated with much propriety. NI r. Steel hat ing %ere exicitsive !:.:sines, was often nbitge-d to cotpluy %try loose j•ilibert, and aitio:rzst others wive oecasiuna.l work to a !mit:a Halt:V(l wltost desolate appearance was his greatest recornotentlation. This man took fr.:Twin opportiinitict - ..0f conversing with the boy, t.:111 was i..:son one cc•astott asked by him for this. oast of ei?..,hre,:zr•pen.e. " What," said Noble, " CAI you want money? You arc in the •ineyastl; and ; bow can you want grapes?" lie explained II Intaelf by ssyiny, that the lad had it in his powt . r us pot pivoty of tOotle•V into his pockets by disposing of Anne of the bits vf cloth about the warehouse, and offered to asitst tutu in getting a purchaser. The hint was taken, au was supplied wish as much money as pros idol ictu tt nb fruit and cakes. the only commodities lie wished fur.-- From resultants of cloth .the two thivets gradually r fled their depredations, till they came- to whole pieces, which began to disappear from the premises with amazing quickness.-1 be stock of Mr. Steel s so great, that the proprietors- did not perceive the dehciency that had taken place within the first few months of the contmenceint of the-roltheries.—Noble was eatretsiely catuious ' and used generally so take hi. station, at ay. pointed hours, opposite to the house, where he loitered shout w ith a green bag. .His visits to the spot were, however, us frequent, that two servant maids resident Iry the neighbourhood, who had frequently seen him, and judged front his manner that he had no honest intention, wean to Mr. steel's sho:s.to mend's) their suepiciors.— The first person they saw was the hey, whom theysup posed to be Mr. Steel's son, :nod made hint acquattnesi with their suspicions. He thanked them, and took c..ra that Noble should Sr no lon‘er exposed to the inqx iti nent observation orstrat4ers. A woman named Brown. of whom Noble spoke as a paragon of fidelity, took. his place, and as effectually answered the purpose of the plunderers, by tilling the green bag with tile most valu able cloths. At length, the rubber es has ing gone out without interruption 11 months, the boy lot•gan to trem ble at the idea.of detection, and toll Isis two friends jll,llh he should certainly lease the house. Noble nr;tet l she neeeui.y of coining away with full hands, mud ads ised him in make a pull at doe mone,-safe " That's always locked," said the bay. " I'll snule that," rejoined Noi)le, " by giving you picklock kris: take all you ran pt, and - we'll go to a place of safety." It happened, bow. ever, that the safe was by some accident left op cii. Tim boy, who had a good op t ortunity, souk out a Bank•note Inc 1001.,tw0 for 101. each, snelswenty-musnoall notes. He thirst joined Noble ar:d Brown, who placed him it an 'obscure lodging. Mr. Steel was surprised at the dis appearance of iviaappren nee, and made the most m u tate inquiries- for some time in sails. .Amongst those to whom he went Mr intelligeuce was ?able, who of cotter doclaimertall knowl. dge of his apprentice's flight. Noble was, however, so nitwit struck at one ter (tamest inao,ner in which the search was going for lie sent the ,bny to Gravesend, under the ei t irSt • With direetions to ship Isini off for auv rempiats v.-, • he should be out of reacts of inollui.ttse num*. W *es