The British Press; or, Morning Literary Advertiser. — London, England, 1818-04-06 00:00:00

tAlvelsrAß LENT A.f.§l2E. Simi the Hoe. Sir JOHN BAY LET, arist, dud Slieciil Jury. ' •IM•m/.• IREACH OF PROMISE oatoth tr. cola e t Pier. Mr. Peat stated, that the Plaintiff in thii case w a s Mary Alice Orford, cud the Defendasit. Thos. butler Cole, Esq. The declaration set forth, that in c onsideratioo the PlaiotiW would psalmist to .marry the Defendant, be; the riefetidant, udder. took to tar/ the Pleintiff; but ibis' iustt e l of sb 4.leinK, he had married gusher wombats. Dr. fenthnit pivoted the generallesste. Mr. Theme° *aid he had the honour l• attend as Connsel for the Plaintiff in fhii cense,- the nature of which the Jury had - Remit from the statement sonde by his learned friend, Mr. Perk • gad if he should feel a difficulty in the opening of - the ramie; it would arise, he hoped, from no improper or blameable feeling. He had known the family, of which the Plaintiff was a part—he had Ititawu it fruit its iss'ittest youth, and thet knowledge had continued to this day. Of the Plaintiff he had no personal knowledge ; but from the accounts given trim, he had no doubt that she well niiintained the credit and respectabilifrof thelitesily to which she belonged. she was • lady of the age of twenty mina ; she was the daughter of a person whom Its had known iii early life—Mr. Orford, 'a surgeon of Breit respectibility and character, who had lived mug rani in Warrington : her father was a man itsexamis7ye and who had besides cousi. aerobia real and personal property. She was one of four children.. Id 18 10 her father died. and Isis wi . deaf, Mm. Or(ard; who had connectiOn.sin Liverpool, changed heir Meldence front WarringtOis where she was bora. and went to live at Liverpool. Soon after yn intinsaq-comnient ed between the Defendassee fernilywiat MM. Orford's, fee Mrs. Orford was con sieved by marriage with Isis family, she being his mo ther's first epeeist. It via therefore natural to sup pose that an nitrocluctiOn between these families would taki illat4..aini that it would increases° as to become a familiar intercourse. The Defendant, Mr. Cole, whose who was originally Butler, was the son of i person of that name living it Liverpool. The Defendant's fdthei hid been once a person of fortune, but of later years had only an appointment in the port of Liverpool. He was what was called one of the Searchers in the Customs. In eater y/trice of Has faihiliarite. intercourse. and visit iugt the prestos Plaintiff and Mr. Cole bethime acquainted. • Ali. Cole bad succeeded to a very larze fortune by the deith of an uncle. He lied received an seeeesion of fortune, and the maiisiuu house called Kirkland Hall. in the neighbourhood of G.srataug. The Defendant's mother had the superintenthince. of his household; and the fami liarity between the families having been continued, Mrs. Butler. in Pebruery, 1817, being then at Kirkland Half, wrote an invitation to the mother of she Plaintiff, pressing her and her daughter, of whom she had a perfect knowledge, to pay her a visit at Kirklrod Hall, and site accompanied her request by a btatenient that it was oss the part of bers.elf and her son. Mrs. Orford had been for Pisani fowl in a precarious state of health. and he was sorry to say, 1141 at this day it wan dosibtful whether die was in existence ; be regretted it the more, because her testimony would have been ma terial for the Plaiutilf. Mrs. Orford had declined the first invitation on account of the state of her hroltli—it was renewed, and in March, Mrs. Orford and her daaghter having received a second and third invitation, Miss Orford accompanied her mother to Kirtesnd Hall, where the mother of Mr. Cole was. She WAS received with more than polite attention— out!) all. the . sincerity of friendship. Every atten lion was paid to her; every possible civility ahem! leer ; every thing was done to convince the parties tlwtt tlin visit was not only considered as an oblige tion,,bat is a source of greet satisfaction. Mrs. Butler had long known MissOrfurd and her mother. She knew, whist nobody could that Miss Or ford w.s well educated, - sensible, deny. accomplished, prudent, and, he might add, a lady of considerable beauty. The Defendant's mother record pleased at the visit of her two friend., and the Defendant, Mr. Cole, appeared not lets so. After they had pissed some days at Kirkland Hall, there could be On doubt, front the letter he would read, that Mr. Cole had become, sad that long before this visit, in lore with this lady; and accordingly, when Mr.. Orford had been one day taking an airing in her carriage, he availed himself of the opportunity of disclosing his sentiments to Miss Orford. This was communicated to both their parents, and was perfetily satirfactory to both. Miss Orford re- Insir.ed a fortnight at Kirkland Hall, daring which nine it was understood by the Defendant's mother that her eon had been paying Ina addresses to Miss ()aura, and that his addresses so paid had received the •sanceitrio of. both their parents. There could br to t doubt cu that subject ; and in the sequel the Spry would he satisfied that the Defendant's pro posals of marriage were with the approbation of his tither mod -mother? he stated this without fear of contratlictiou. The Defendant's father, he under stood, was Conk, and might, if he pleased, come forward-and deny the tact on oath. The introdw2- 11011„ therefore, tq that state to which the parties looked fantod,. was Made with the fall assent of the parents ofespli. The Plaintiff and her another left . klatill I.lalf about the Oath of Mirth, and came hick to their place of residence at Los erpool. Many 1 . 14 ) . had -not pasied before Miss Orford received I,om the Dercudant a letter which he would pro • rrit to lend. It would be found to contain a full of all the sulteetlent matter he lied to the Jury. The letter wait dated Kirkland 11 li, ilarcli 27, 1917, Ind was in these words : Mc DeAlt MARIP—A sense of duty sad reaped which I !war fug yule atop it'll, family, NW call. upon roe to ail. was )tai. in all titan, and in every situation is life. there h* respect which we owe to ourselves, arid that respect sill invariably be given to every individual whose character " "meta wide those virtues which admis the burma 1 .'10. 1 :Clore you were here I have well weighed the subject "ilk wools, as wen as every other important puiat, mad Pb ) legal wisi ii sis judge it to be more correct, that a min of a.y,ilaaliuw 'lle life, on the point cif . marrying any lady l'incmg au turinne. ought never to be c..lled upon to snake klilemear, bat left to his own honour and generosity. If ""le is mil ativrikm, Ibis can be nu barrier; and pernint an to ask pm candidly anal openly. cannel you feel perfectly L 1 >. to loutna mat leave vnnr moth. r sad brothers Tists l'" importsat p a wl—shleh retest:nu I t•nst will be in f;"'"*.if 405W0r... 1 by you Chen you write. t its rx "nitio tufty that 1 am &Till t at Of the pie,uunc Oi visiting • • S a.:.' 'Liverpool dui wed; . ..i i itt hope lo •have mine* ithic will Amebae to lee the Md ittatiseesits of your heart 'opus. these weighty settfikek riling aloof with air meeker 'oar. re =to rum amebae tied twetbere sad belie.. me to sf will the fighoet esteem, yours, very alwaerely, " T. COLL" • • tie understood an answer was written by the lady to this letter of.the Defendant, and lie called upon his Learned brie set to give him the answer to that letter. His Learned Friend, it seemed, did not attend to his call; but the meow's , was to he with held till he made it matter of proof, and cos. sequesitly till he could have no opportunity of mak. tag • single comment upon it. This was Mr. Cole all over—/webs eb ireepto. It was • letter which would du liqueur to the writer of it ; sod sure Ise was, that nothing but the fear of its making that impreseiou • ou tho minds of the Jury. which the gigantic talents of, his Learned Friend would not be able to.remove, induced hint to withhold it; What the contents of the answer were the Jury must wait to learu, till it was the pleasure of the Defendant's Counsel that. it should be regularly pioved. They would, however, daring some pert of the cause hear it read. and they would atten tively listen to every word of it—it would speak volumes. It was written its leognage. the effect of which he would not attempt to describe. The only anise that he could @Wipes fee the non-production of the lettermes, that hie Learned Friend was afraid the observations he might snake upon it would sink deep in the hearts et these to whom be was address leg himself. However. hereafter they would have the letter, and it would speak for itself. Mr. Cole, shortly alter this, paid a visit to the town of Liverpool, and upon hie arrival, immediately coin. nieuced Isis visit to the object of hie. affections. From the letter he bed already reed, the Jury would naturally infer the terms upon which he was likely to be received. , He was received by the mother, brother. and by the lady herself, as her future and iosteaded husband—.it was perfectly known to all their acquaintance that he was attend ing in thus character. The arrangement of wed. disskdresses, the new liveries for the renews, and all the necessary appendages fur the mirriage of • lady with a person of the Defendant's fortune. were submitted to the family. It was generally under• stood that his proposal of marriage was to be carried into effect immediately. and that he was, without delay. to become the legal protector and husband of Miss Orford. lie would read two or three notes that passed during the period the Defendant was iu the town of Liverpool. They were to this effect:— " MT DEAR MAllllSidg.dblided to go to Upton Hall to-morrow, 1 causal bear to take my departure without tak is; leave of you, at least by letter. I have to beg that you will make yourself perfectly 'misled opus every *abject, sod nothing shall ever be wasting on my part that will add to your comfort and peace of mind." • Another wss— " gIY Dian blentw-.Owing to my kiwis' here fir Child well au soon as two o'clock, I hope you will encase seeing ale till the tweeting. I will get to yod as sums as I possibly cu.—behest., yours, very affeetioestely, " THOS. B. COLE" He left Liverpool the 22d or the it.3cl, after hav ing paid this visit, and reenuioed a fortnight, during which fortnight his attentions were unceasing and unremitting. When he left Liverpool, he wee ac rompaule‘ by Mr. Orford, the brother of the lady. Every thing had pasted which led the _brother to believe the Defeuddut would soon be his brother.. in-law. They went together to Kirkland Hall, and passed some time there. Upon this occasion, the Defendant took an opportunity of displaying his wealth. He took him to Blackpool. The brother staid till the beg' g of May, and when he went away he was the bearer of the following letter to his sister : " MT PCAltear Love—l must apologise fee not writing to you sooner; but to be hownt"—(Wbet did Shakspeare say on that subject ? *To be heecat, melees wend pee, is to he one mss peeked snit of a Shammed •••• The Joey would *at led Me. Cole to have been that thee)-." but to be honest, which is always the most correct way of proceedier."—(He viondemel he did not f.H.w his owe manias—it had bees said he was a good devise, who followed his owe tannic noes.)--" I have bees much eagegeal few three kit few days; I took year brother yeeterday to Cote, and le-day to Black pool. This next week 1 shall be mode else/aged with regard to a purchase I have is view user this same. About this day week I purpose leaving this place for Chester, nod ex tremely sorry 1 ass that I email go by Liverpool; bet yin below the great objection I have to crowing the river."-- (This gentlesetie, it seemed, had a grostekjeetiosi to amain the river; but perhaps he had so occasion fur fear, for there wee as old proverb as that subjeet.)-•-• Teneserrow Mrs. Illydieg sad her Amity leave here fit Liverpool, se we shall he quitealoor. Sieeerely do I wish we hod you memenest as ' • the regard I sure ler yne is of the highest siocerity, couisincluil with the grantee' liessesses."..4llle, tittle do mew Whew of themselves!;-.." limey hope ihmegh Ilk you will And see a seemly soil a warns frieed-wemee that will exert every serve fur your nesofert sod peactiof mind-may happi- DM is to see you happy. " 1 should like you to get every article of dress you hare to procure of a seen costly oalare, yet bassdasult and eliment--every thing that will become the mistress of Kirk land. From these remarks do not ienagiee that I wish you to get hold of extravagant ideas—so such thing. I like pru dence MINI economy, sod rommielimeet is the reigning fashion of the day. I Iron you hove been ridisg oat fur these heat days; it would he beneficial to your health. Don't imagist because yen are absent I do eel think of you-.-be here me you are always uppermost is 'ley thoughts. 1 sup pose you are fast prepense for wieniage. I forget to ask you when is Liverpool, Whether you bad heard of a likely woman to suit you in the capacity of lady's maid ? The was. ther ie delightfully ane, but rain is erseted , much. I fear next week we shall have it in torrents. I sea glad to tell you all my horses see early recovered,- cad I thick Isabela a week I shall commence rousing them. " Yours, very affectionately. "T. B. COLE." Very non liter this letter it wee followed up by another, dated the gd of ',thy,. iu the following " MY oast hI•liT•4 received. year affectionate letter, sad was truly happy to had you ware so well. .lasetetßately after your brother left tltisplaCe.l souk • ride to view Notch, Hall property, and, iu the set of leaping over a hedge. I sprained ley 'ankle rather badly. In eneeeemenee of it I Mare been evelleed to the hoemotasa, to aired the joke, have bees neemeitmeg to sieboill to be carriell . up stain NI • their at sight, sod dews I. the moraine. 1 expect to be quite well in the eeurve of two or, tares slays. 'This day al r.-Doecael has been to Kirkland; heolllived Br. BailylB,oooi. but it wee refused, sad we have yes ear meek to ukelele ores it, He leas dropped the 10,0001. mad I lanced to give lam his price,3loooi. We capers Nes. Clarke, of Chiklwelt, here unit wrek,sed I bare to regent a favour, that you will give us the pleasure of your eienapasey hers seat Tuesday, oda of May : the cerriage shall meet you at Prestuu. I should like you much to know my swot, mid I molest each nootherop. portemity. You cau stay here eight or teu.elsys, old if, in the MOM time, you premier the amid you neentmeed in your letter of yesterday, you had better hrteg her with you, hod we eau iminedentely det.cover *bettor she will sooner or slot. Mrs. Crumbieholine is rely seriously ill; she may go Litt hey bout i this eff..tr slum' sill of course nreVeut Use at goodie; dotter races. tisrieg to Ais, no person will attend frees this loose' hot my bead .greet u, ty whom 4 will give permission. 11111 thank you to &hut the will or wills with yew; every vie thet contraltos sly thirty in them relative to yourself; Amy paper or doessairat that will interest pus now o r homology. 1 most see them, meet course I shall make my will amordiagly. . Every care will be takes of those papers, which are of so great importance. I hope you ilos't think it necessary ter me to observe, that on my pert the greatest seems, will be observe& I presume put have been viewing Mr. Heethrete's forwitorei my mole Henry seat nis • este- logic, and 1 suppose sew of the thing' most he eery ' mo d. some. (shall be very, glad to see you, for lions to have every thing settled. My !semi is with you, sod mly you ever re ceive from me the tenderest and warmest affection ! I sal staid of being too Isle for post : excuse all mistakes; have wet time to look it over ; verities in :a great hurry : love to all. " Yours vary alfectionately, "T. U. COLE" To this letter an answer woe written, but for that answer. the Jury must emit till it should be the plea sure of Isis Learned Friend to produce it. Bat ho would state the substance of the letter. It would be observed, that the invitation to come to Kirk land was not addressed to her mother, but to her self alone. The lady, with a degree of delicycv which did her lioeteur a itsid Itheesed the goodness of every pert of her conduct, suggested to Inns, as an excuse, that she had a variety of things to attend to. The invitation, on the part of the liefendant, was accordingly renewed, and another letter was writteu again, pressing her attesidencr et Kirkland Hall. The letter was to this effect : .. " Iht Dian tall morning received your letter, and for away reamer I boaselly worms I am extremely sorry that you appear to hove • variety of unavoidable tea sers. at Ibis time to slimed to, which no one cam execute but yourself. With regard to your dresses, and pulse. wear ing apparel. these things ; I presume, are nut to be exrcetedt by yourself, bet by such persons as are termed milliners rued dress-makers; and when mice they have prorated a pattern, little mere le remitted. lint put this argument aside, ;ad eopessoe the AM lady of Ilse land was us the eve of marriage, lha milliners mast wait foe the lady. and oat the lady fur the milker's. Any other weighty coecerus I eat at • lons to know what they ea. be. However, I must wow torn on a meet doles! subject : Mrs. Crentlikbohne is ow dreadfully 111. that abs may now from the tun of her complaint, live to see through a wo r k or two, or may die amyl day. The peat Whinny which subsisted between lire sod my mirk calls uponste to diew every propriety of conduct, and every respect is due to so valuable a worms. It has heels desired by Mrs. Crumblehulase Isereelftbat I should re main bete—aand, as the head of the family, it Is only correct slot I Mould pry her sonstaat atiestiosi ; indeed, it woold be aufteling and indelicate if I did not. I hod a wish, ea many accounts, that you would have been introdoced to my emit; she is the bead of the family, therefore respect and etiquette is due to bee. By the request of my mother, I ewe more repeat our imitations. asserts' you bow dellehted' and happy we should be to see yes, trusting Mat la , huve aess which you have to execute may either be flows by proxy or on your roam. If you will do ua the hoover of paying tis • irkit, we shall he most happy to receive you to a four o'clock dingier as Friday next. I have parelsased ?latch, Hall, mid given 30,00 W." The bargain for the pnrcl►ase of th►e estate had been concluded, but the tontraet for the marriage had never been carried into effect. He took it for granted Miss Orford returned an answer to this let ter. The next letter was dated the Bth of May, and began— " MY DIMWIT Lows"—(the lover had got a little warmer in his ex pressions)--" l Ibis morning received yoaraffeet haste letter. I have now gives yon. two invitatime, neither of which you have accepted, either from the remelts of the world, or some other thing. I think it right to my, that, owing to a circumstance, Mn. Clarke will not be here at the time appointed; add I think it right also to say, that I ens getting pretty well. and can ride, and can get about a little; bet, however, I will leave it to your owe jade:arm mid dis cretion whether yon will yet come or not. My mother hies enemy, that she will be very happy to me yon sad Mrs. Or ford here, any of these days you may please to appoint ; if you will come, I shall certainly say the earlier the day the better." The letter concluded with saying that he was affectiowstely hers. lu consequetice of this invitation, Miss and Mrs. Orford went to Kirkland Hall, where they were re ceived as before, and treated with every possible degree of kindness. She was received by the De. fondant as his intended wife, and by his mother as her future daughter-in-law. They remained there till the 46th May, every thing being then consider ed as approaching rapidly to the consummation , that had been looked to fur some time. Mr. Or ford, the brother, had been informed of die deco menta having been submitted to the Defendant's Solicitor, and that gentleursti, with the affection of a brother, expressed his readiness to concur in soy act that could give immediate possession of the pro- perty to which his sister was entitled. Miss Orford and her mother reached Liverpool about the 4Sili May, and the neat letter they received was dated the let of June, and was as follows: • lihr DIA* Moog—You wig, I have No doubt, think ate very hong is writing to yea; but believe me, I have been much engaged. Tbe oaf rename hominess existing between say uncle, Alexander sutler, and his wife, is out yet settled: of course, you must be well assured such an affair like this Is of no small consequesce and mast require some time be fore it ran be gaimhed i the satiefaction of all parties. Un pleasant us this boobies, is, I sat Necessitated to go to Burt limns again on Tuesday morning, aid fur my part, I wish to goodness the whole thing was settled. The MISINIKIII have complete.] this affair, depend apes it you will see me, for I lung for the pleasure of your company. You mast *s eam the brevity of this lesser, as I have ally Ouse swarms for dieser, and bare musipsity to-day. All here beg stogie heat rega rds. " T. B. COLL" Would the Jury believe that this wee the lest letter this ardent lover had ever written to the ob. ject of his affections ? Would it be credited, that he had immediately afterwards altogether with drawn himself from the family, that he hod dosed his correspondence with this letter, and had nevei subsequently written a single line, er ever- beeu seen by this lady ur her friends ? He sow the J ury express their astoisislimeut. Of what materials could such a man es the Defendant have been moulded ? How could he, so late as the j6thl of May, have stated to this lady that she was the dearest object of his affections, and the mistress of Kirkland Hall, m►d then have closed his correspondence by that cold, unfeeling, and unmannerly epistle he had just read? It was natural to suppose, that the diltress of this family would be excessive.— The handy knew not what bed become of the man who had professed himself her lover : she had writ lieu a letter to him, which he called upon hiri Leares. ed Friend to produce. Nothing afterwards •was h ear d of hits, till the event which cuucluded the IJU - sines,. On the goth of August, to the astuisish- ' nselst of the leanly, end inure porticolary of the ledy, it was publicly tionontwed, that tins gentle- Irian had entered into ilip marriage state wish a lady of whom lie should soy nothing further, than that she was the daughter of Mr. Grienstiew, tio tutor- hey of Preston. Such were the circumstances of the present case, and hi thought they presented a very eetramelinary one. That the Defendant • promised hla client marriage, was a proposition to which he, weed hardly ask his Lordifiip'e siesent ; it was• eq9ally clear that she had consented to be co'uir,htr wife. Mlle bed, however, . &eeried her, after having left her the list stionamene of his atrec tiuus—the .letter, s$ the Ist of June, which me. tairred, no news/ that could justify his.desertion : on tlie vastest!, it wait a letter expreeeive of the Happiness he expected on • Ins iistersiled (mitre with with her. 'Ole Defeurlant. eels now married to an.. other. lady. and consequently he rendered it impos sible to keep the promise. lie had so repeatedly and sacredly made IQ the• Plaintiff. •To ..use the words of the poet, to which he lied before alluded, he hail done • , I . . " deed witiett:Ceurn the body of the contract had pluck') the very wul , 1 And made sweet retigiou a rhapsody or words." . The question left. for the Jury to decide. wise, what reparation, should be made , to the Pluisaiti iu damages, for theiejtery she had received ? Would he hid the tongue of an anped s that he might ex press in adequate wine his feelings of the insult conveyed by the siiiinatily and ungenerous conduct or the Derendam ! fie was inadequate to the task; but he was erosible lie was addressing himself to men who carried the feelings of tumuli teiture its their bonitos. What was the ease ? Here is a young lady addressed by the Defendant with a view to marriage, mid, acceding to his suit, she bad every reason to believe that she should be his wife. She had received a letter so late as the mouth of J ane, giving her no remora to thick he lied reiterated of the promise lie lied wide, or that lie had heard any thing improper hi iser conduct, which should have induced blur to desert her. What was the condi tion of a Cowan 10 deserted ? lie could nut describe it—be was a can—he could not express the poignancy of female feelings ; lint to a man and a father, he hoped he could feel for one of a date. rent sex. Fie was addressing himself to those who knew the delicacy arid fineness of the feelings of • female. This lady had been deserted by the man who had vowed he would be her protector through life, and who had made her believe that his hap. pines. was connected with hers —that he war *oust ed by no other wish than to be her lawful protec tor and guardian. lie had deserted her. Had he given any reason for his conduct ? No, he could give noise. What was the consequence to the Plain tiff? She was known to the world to have been the plighted lady.of this gentles:me How would she be affected by the °pianos' of a censorious world, who only knew the fact that she had been rejected, but did not know the cense, and therefore who were at liberty to speak any thing their iinaginatiosis sug gested ? What war her conditiou ? She lied been muds. by the csuiduct of the Defendant, an object for the moviug finger of scorn to point at. She had beets rejek tett by a gentleman of high conei deratiors and arroperty in the country, and nobody knew why. What must be her ferlinge ? She must (war through life a wounded spirit. It had been said dist the spirit of man would sustain infirmi ties; but it had. been also said, a wounded spirit who cap hear ?" vet this his client must bear, and through the rest of her life. Would it not .b e cose e notorious that she had been the object of one ru- Oman's attention, that site had been onithepoint of marriage?—and would net. any mall rinse before he paid his addresses to such a woman ? lie might say she was tovely,serisible, uccomplished, prudent, beautiful —every thing nem could desire ; but she had lied a prior atteclioneid to rowdier, and that he had deserted lier. Who could tell that the tie movements of the female heart, which hid peuluced her affection toward. the man who was slighting her love, might nut still actuate her breast I—who could tellsebat even time could extinguish the pore flame, which ire some Gentile minds wss unextiii guishable ? Would riot a nuts payee before he paid his addrceses to a woman placed in the situation in which Miss Orford was placed by the conduct of the Defendant ? Vl'hat would the Jury think of a man who could close a correspondence Vucli as he had stated, with this cold and marble letter of the first of June, and leave her from that day to the present wholly unnoticed He was aware that if any 1111111 could make au apology for the misconduct of *atelier, such apology would be made by his Leering! Friend ; but lie believes' ii would bee talk to which he would apply his gigantic talents in vain. He ought as well attempt to remove moun tains as to remove the impression which intuit have been made by his client's dishonourable conduct. He 'imposed kite's would be lead that proved misconduct on the part of the Pliantiff.— He understood the father and mother of the Detre. dant were both in Court, and he called On his Learned Friend to lay before the Jury evidence that the contract of marriage had not the sanction of both the Defendant's, parents: if it had, where was the impropriety of it ? Was there any thing in the respectability of the family of the lady that 'node any disparity between, the parties The family of his Client was equally respectable with that or the De fendant. True it was, the Defendant had had the _accidental acquirement of fortune ; his wealth was not ()bloomed by any act of his own ; hut unexpected wealth had beets poured into his lap, and his con duct @hewed how very undeserving he was of the favours of fortune. But did his accession of fortune form any excuse for breaking n contract with a lovely woman ? But it would be aid by Isis Learn. ed Friend, there Was a disparity in years between these eiarties; this lade, it seemed, wait six or seven years older than the Defendant. Was , that an im proper disparity of years? But even if it was, what erg umerit could lie deduced from that circum stance ? .The Defendant lied made his selection of the lady; perfectly consciousof her age. Had he made his choice unadvised or untwisted ? lie could make the Defeudaid's father confess tint which he would himself state without fear of contradietiOn, that the disparity of years can form rio excuee; for it was a coutract with re full knowledge of the lady's age, slid was tinseled with the roosted of the parents. He desired the Jury to look it the letters, and see if there was any thing of the . we,,knesi cud imbe cility of aline, übseryable in them. The letters wer e full of matter, lionouratle to the hi ad, bet must disgraCeful and dishonourable to the heart.. The let:ers would be, in the course of the Caere, more distinctly read ; they would spew flit Jury that there was nu defect of iutirllect on the part Odle., Defend:tut-110 111.134.614 of mind—no wesksiess• of understanding ; but that lie wanted that, without which man was the meanest reetle that crept off ttie ,{ s~ '• • , ' face of the earth—a befit ! The Defendant hint done her wruhg, and he was hippy the lady whom lie.represented had told the tirmilcss to make tier complaint to an Judge and at English Jury,. to award her a compensation in damages fur the injury she had Their verdict could only be a pecuniary compensation ; hut the wound ed feelings, the agitation % of a fencile mind, their verdict cupid not heal. As far us they could it. dress her wrongs, lie was perscat:ed they would ; . . and he was happy to assure them thet, when they were countering the•ainoulit of the damages, they had a bank to draw upon that would answer all de mands; for he would prove Out this man (the Dr •fendaisi), if he deserved the Aanar. of man, had a clear income of not less titan B,citufi. a yeer. Th o s was the bank upon ihich the check of the July wa r to be drawn, aid he *as, sure they would not he limited in their dr.ift. for lte was addressing men on the part of au injured and Moulted lad), nod he was calling upon4liesis to give 6amages aluiost a man, whoreAsertinis of her had been U11,1110it; Ide, cruel, and s!ishotiouriihle, mid who, hy hie conduct, had proved himself altogether uoworthy the twine and character of n man. • The letters were all proved to. havc been of the baud-writing of the .Defendant; but I;efore they were read as evidence. Mr. Scarlett objected to them, and lie submitted, that if they were intended to he put i.r as evidence of a coutrect of marriis 6 , , they ought to he se Iteen previously st a mped. Mr. RAISE %aid, he apprehended his Learned Fririwl was not setiods iu the objection which lie had taken. . • Mr. SCA RLEIT said he was in earnest, and meant to rely upon it. Mr. PARE remarked. the Stamp Act was only relative to contracts of a pecuniary nature. Mr. Justice BATLEY said he should not stop so important a cause by such uu object's/li, taken in limiae. The letters were then read. It was attempted to be sheen by cross.examina. lion of the Plaintiff's brother, who Kroft(' the De,. Pendant's hand-eirsting, that his sister, the Plain tiff, kept copies of the answers she had written. 'nouns. Orford, the Lrother, deposed to the terms of friendship on which tha families haul lived, and to the familiar visits which the Defeoulent was in the habit of making . previous to, end ut the pe riod when the contract in cp./elution was entered into. He stated, that in a conversation with the De. fetidant, they had referred to a projected. journey to gyre. Mr. Orford had expressed his desermilet ? tion to go in time, upon which the Defelidaist said that it was too early—how would, his siSter l i ke that ? It would flat do fur a iteurty-inarr,ed OUR to leave his wife so scan—this was on the 43 I of April. The same witness stated, that the Defend-. out had visited Isis mother at Liverpool. mid. had .been uniformly received in the character of her future at:in-in-law. The witness stated lie had treated Mr. Cole as his future Incither.in-law; lie said, that at his desire, he had handed over to him the wills of his father. stud grandfather, with a view to an ariongeluent of die property on the marriage of his sister, and that the Defeudasit had laid them before his fathet's solicitors, Wilson stud Sun, of Bolton. 'Elie wit. nes* said he had never heard the Defendant ullego ally reason fOr breaking of the its itch. Upon hi* cross-examination, he stated that the .Deitielitte4 accession of foi time was rather uliexpectril. au:l he believed lie had not received. an education qiiite suitable to his fortune; lie had been at school at Prescot. and haul left it ill. is la. witness stated duct the wedding Vitus considered to be so near at hand, that his sister's wedding chalice were purchased. IVittiess admitted that upon the snatch haring been broken off. he bud 110101i.rd bit cousins, Captain. Wilson, to call onosi the l)e -feudeut for ataexplaitation of his co n duct, but the precise character of the message cenveyed b) Capt. Wilson did not appear. The witisess never. heard that Captain Wilson bad p-iid his addresses to his slater. Ile believed his sister, when she wrote letters, wrote is copy. first for the sake of quickness and corrector", : lie had seen u copy of that sort which she had preserved., The certificate of the marriage hetreen the De. feudent and Miss driseishaw, by the Rev. Joseph Rowley, officiating minister .of Lanca.ter, was proved by Mr. Jeffries/. clerk to Messrs. drred and Brook. of Liverpool. . . TI tttttt as Dunclui, the Defendant's steward. proved diet the Defendant's rentals amounted to 5,600/. a year. James Cropper, of Liverpool, one of the trustees. ussder the will of Miss Orford'a father, deposed to the extreme respectability of the fancily, and gave a very high character 'Wiese lady : Ise had ever cwt. sidered her, se, etteraplasy in a very high degree. Both the Plaintiff ' and the family eructated witli the fi rst people of Liverpool. Isaac Blackbarne, Esq. brother to the Member for the county, bore the most explicit testimony to the character of the Plaintiff and her. fetidly. With regard to the Plaintiff, he hod always considered her as the most turtles. girl that he had ever seen in his life. He described her as a very beuutiful wo. man, and a rvutuan of good sense stud discretion. Her conduct throughoot life he believed to be uni formly correct. Mr. SCARLETT addressed the Jury, out behalf of nut but such a way as iu consideting then came the to leave no duulst. .If ws. ligt,i this eosin/et or tow"? JO proved, question, mid it wits O . ot gica the Defendant, at coustiderable length. Mr. Justice BAY LEY observed, that the present of f ti t o h u e a i . ig a e s b o r f ou c f B ll . t 4 7 ,1, 11 ,1. 7 s l o ne rfo p re e l. fe a ud y a o u u t :g ß. l u ad ti t r ; Cole. a yowl; limn, rather tunic than etl, .to re- cover satisfaction for the injury site luta sustained in consequence of Mr. Colanctf: having perforine4 a contact by which he had &mad himself in merry her. The first que n , stio tisk O'hethise titere ever lout been such a contakt ? it theist' . bad, then the contract not having beenpttfprspeif, stiff the Ife t fendent having disabled frelf (rims' performing it by Marrying anotkier lady , the Plaintiff would be entitled to a coMjieriasitims. lis fur astunitef could compensate her, for the, injury she bail received ti 4 being disappointed offer tuemage. That there he beesuieontract of marriage; was beyond all 4ties.tiu.s. It welt unnecessasys to go through the ev:dence to satisfy the minds of Jury oil that respect. It did nut rest int the evidence of Miss Orfold's brother. but was proved by the letter of the Defendant in _ . `~ `y~.