The Sun. — London, England, 1841-12-09 00:00:00

IVI 0 RNING I &1P LAW INTELLIGIMICE. - .) p COURT OF CHANCERY, Dec: 8. TRANSFER OF CAUSES. . .The Lonn CHANCELLOR on taking his seat this morn ing stated that it might b e f or th e conven i ence o f t h e b ar to know that he had directed certain causes to be trans ferred from the paper of the Vice-Chancellor of Eng land to that of. Vice-Chancellor Knight Bruce ; and the causes which his Lordship had selected were those which had been set down for hearing in Hilary Term last. The transfer of those causes would, however, be subject to any arrangement as to any particular cause that mightibe come necessary. SITTINGS OF THE COURT. His LORDSHIP said that he had made a mistake when he stated to the bar yesterday that he should not be enabled to sit on Thursday. He found that he should be able to sit on that day, but not on Friday. His Lordship also stated that he should take motions on Thursday. IN THE MATTER OF PLUMMER, A BANKRUPT—JUDGMENT. The LORD CHANCELLOR gave judgment to-day on this bankrupt's petition. His Lordship said that this was a special case, stated under the Act of Parliament, by the Court of Review, for the opinion of this Court. The facts of the case, as far as it was necessary to state them for the present purpose, were shortly these :—Messrs. Plummer and Wilson carried on business as West India merchants ; they were indebted in a sum of 2,0001. for money lent to a Mr. George Joad, and they were desirous of obtaining further advances, and for the purpose of securing Mr. Joad they assigned to him a mortgage security which they had on West India property, and they also entered into a joint and several covenant for the payment of the sums to be advanced, including the 2,000/. • but the whole amount to be advanced was not to exceed 1,0001. There was a similar transaction with respect to money due for freights. Messrs. Plummer and Wilson became bank rupts. A commission was sue/Pout against them, and Mr. George Joad did that which he was entitled to do, being a joint and several creditor ; he offered to prove against the separate estates of each of the bankrupts. It was objected that he was not entitled to do that un less he sold or gave up his joint security ; that was the point for the consideration of the Court, and the question was what were the principles applicable to questions of this description ? If a party, a creditor of a bankrupt, has a security upon the bankrupt's estates, be is not allowed to prove without selling or giving up that security, and for this reason, that the principle of the Bankrupt Laws was that all the creditors of a particular estate should be put upon an equal footing. If a party chose to prove he must sell or surrender the particular security, but if he had a security on the estate of a third person that principle did not apply, because he was then entitled to prove for the whole debt against the bankrupt's estate, Sand for any deficiency he might apply to the security, provided he was not paid more than twenty shillings in the pound. It was unnecessary to refer to any authority on the subject, but his Lord ship might mention the cases of ex parte Bennett in 2d Atkins, ex parte Bar in lst•Rose, and ex parte Good man in 3d Maddox. The next point was this :—ln the administration of property, and other bankrupt laws, the joint estate and the separate estate were considered distinct, and accordingly when a party offered to prove under the joint estate, having an income under the separate estate, he is en titled to prove against the separate estate, with out giving up his security. That was laid down in ex parte Peacock, which was first decided by Sir John Leach, and afterwards upon appeal by Lord Eldon, and it had since been followed by the Court of Review in ex parte Bodman. Now what was : the present case ? Why it was the converse of that ; and looking at all the circumstances his Lordship was of opinion that the party had a right to prove against the separate estate, without giving up his security against the joint estate. It had been considered that the present was a ease of principal and surety ; it appeared to his Lordship that it could not be looked at in that light. His Lordship was therefore of opinion that the representatives of Mr. George Joad were not obliged to refund the dividends which they had reeeived under the arrangement pending the present question. The case had been long , under litigation. The Commissioners were divided in opinion upon it ; the Judges of the Court of Review, when there were four, and afterwards when there were only two, were divided in opinion upon the question, and under those ,circumstances it came before the Court fOr its opinion: His Lordship on the whole, thought, looking at the principles to which he had adverted, that the representatives of Mr. George Joad had a right to prove against tfie separate estate, without givit 6 r up the security they held on th e genera l estate. With respect to the question of costs, his Lordship would state his opinion to-morrow. BOOTH V. CRESWICK. The COURT then proceeded with the arguments in this part heard case, which were not concluded when his Lordship rose. ROLLS COURT. Dec. 8. COCKERELL v. BRIDGEMAN. This suit was instituted by the plaintiff against Mr. Hewitt Bridgerna.n M.P., the defendant, t o recover t h e amount of a bill ofexebange, accepted by the defendant, and which had been subsequently lost. In February, 1838, Mr. 1). F. Ryan drew a lyill of exchange for 621. 10s: at three months, which, for his accommodation, was accepted by the defendant. This bill was shortly afterwards, and before it became payable, indorsed by Ryan, and paid over to Messrs. Hodgson itnd Burton, by whom, on the 18th May, 1838, it was presented at the dwelling-house of the defendant, who was then in Ire land, but it Was not paid. 'The bill was subsequently lost or accidentally destroyed, not having been paid by the drawer or acceptor. Th e defen'dant admitted the acceptances of n bill of `exchange of the same date and amount for the accommodation of Ryan, and alleged that he had supplied Ryan with the money to take it up, and that this would have been done if proper application had been made for payment, and the bill had been forthcoming,. but that the plaintiff had given him notice on the 21st May, he being then in Ireland, that unless it was immediately paid a bill would be filed against him ; and on the 28th of the same month filed the present bill. He therefore contended that under these Circumstances he was not liable. old that there Was no evidence that the bill was lost, nor that the plaintiff had given any valuable consideration for it. Mr. Pemberton and Mr. Elderton appeared for the plaintiff, and Mr. James Russell for the defendant. The Masi.En of the Rokts said the evidence was not so satisfactory as it ought to be, since neither Ryan nor the person who presented the bill had been examined, but he would look it over, and give judgment on Monday next. LANGTON V. NORTON AND BIRNIE. This suit was instituted by the plaintiffs, who were mortgagees of the ship Ann, against the defendant, Horton, whom they alleged to be a prim mortgagee, but who claimed an absolute interest in the ship and stores, and against the defendant, Birnie, the mortgager, for an account of the money received by them on the sale of the ship and stores. The case for the plaintiff not being concluded when the Court rose, the cause was ordered to stand over until Friday. VICE CHAIN' CIiLORS7 COURT, Dec. S. (Before the Vr CHANCELLOR: of ENGLAND.) FLETCHER V. NORTHCOTE. This case, which occupied his honour during the whole of the morning, came before the Court upon exceptions to the Master's Report. The discussions on the several items gave rise to no question of general interest. (Before Vice-Chancellor WionAm.) His HoNoun disposed of several short causes and unop posed petitions, containing no feature of general interest. - WALKER V. JEFFREYS. In this cause the bill was filed for the specific perform ance of a covenant in a lease of mines, to grant a new lease for 21 ye ars at the expiration of a 7 lease which had been granted for 42 years. The defence was that the mines had no been worked for more than 20 years; that the object, therefore, for which the, lease was granted had not been fulfilled, and that no rent had been paid to the lessor's, who were entitled to a rent for every ton of coal, coke, and ironstone raised. It was admitted for the plaintiff that his object was not to work the mines him self, but to prevent any working of them by other parties, which might injure some very large and valuable iron works which had been erected ,by the plaintiffs on the surface. The case was part heard yesterday, an,. ,1 was not con cluded when we went to press. COURT OF QUEEN'S BENCH, Dec. 8. BREACH •OF PROMISE OF MARRIAGE. DARBON V. ROSSER. The proceedings in this case were resumed this m orn i nz and the moment the doors were thrown open, there was-, tremendous rush, by which, in a few minutes, every part of the Court was crowded to suffocation, and several hun dreds, who filled the avenues, were unable to obtain ad mission. The first witness called .on behalf of 'the plaintiff this morning was— Mrs. Anne Birch—l am the wife of Mr. Edward Birch. He is a n i m p or t er of Irish linens in Great Rus sell-street, Bloomsbury. I have known the defendant as a neighbour and a cus tom er f o r many years. I don't know the members of the family. I recollect Mr. Rosser applying for a list of prices about the 20th, under-clothing. 21s or 22d of April. 1840 . Th ey were l ad i es ' I have seen the list since. It was since shown me by Mr. Binns, the plaintiff's solicitor. A letter was sent from our house to Mr. Rosser enclosing the list. Mr. Rosser is a very fine gentlemanly man. I thought him about sixty.five. His manners were very courtly. He told me he wanted the list for a friend or an acquaintance. That she wanted a few things for the present, and might want more at a future time for a wedding. He seemed in excellent health., I thought I saw him yesterday in Court, bat I am not quite sure. Mrs. Mary Clarke was called but did not answer. Mr. Georg e Barrett--I am foreman and general ma nager of Stores, the jeweller, in Regent -street. recol lect se lling a wedding-ring on the 20th of April last, in a box simil ar to this now Fianded me. Mrs. Miry Cozier-1 knew the defendant, Mr. Rosser, between 40 and 50 years. He has to the best of my knowledge carried on the business of a solicitor during that time in Ityd Lion-square. Ho has acted as a soli citor for me. His house is a very good one for any thing I know. I have only been in his office. .I have borrowed money in the way of business, :but , repaid it again. Mr. Justice VirlctermAß did not see' the object of the examination. Mrs. Mary Clarke-1 am manager of Mrs. Day's es tablishment, 316, Regent -street. I have been there for fi ve years. Between thz 27th and 30th of April last year a gentleman came to speak to me about a bonnet. is age was about sixty —a very fine old gentleman.— (Laughter.) He looked at a great many. He came a day or two afterwards with a young lady, whom I now know to be Miss Sophia Darbon. She appeared to be a • very n ice young d,out 25. She- seemed in very good health and spirits. I have seen her once since, two or three days . ago. She came with a gentleman. Her appearance was not at all what it was on the former occasion. She was altoge ther changed, and decidedly for the worse. When Miss Darbon first came, she chose a bonnet, which was sent to Clarence. terrace, Hampton-common. The gentleman wrote the address, but I have mislaid the memorandum. A few days afterwards, about the 3d May, the gentleman called and paid for the bonnet, which he said was very much approved of. He said it was for a particular occa sion, and should be sent at a particular time. I have seen him pass the window since, but he did not come in. I saw him in the Court I think yesterday. I thought he looked older. Cross-examined by Mr. TIIESIGER—I don't think he was changed for the worse. From his manners I should have thought him about 60. He was particularly polite and attentive to the lady and to me. Ladies are generally in good spirits when they go to a milliner's to choose a bonnet.—(Great laughter.) The gentleman had more to say than the lady. It was her attorney that came with her two or three days ago. I recognised the lady in stantly. She did not speak to me at all, but seemed to be in very low spirits. I have no recollection of any thing that then passed. Joseph Oughton—l carry on the business of a law stationer. I know the defendant, and am acquainted with his hand-writing. I saw him yesterday in the gal lery of the Court. Mr. Rosser has always resided in Red Lion-square as long as I have known him. He has lived in a respectable way ; it is a very good house, and well furnished. A large number of letters which had been referred to by Mr. Platt in his opening speech, amounting to about sixty, were then put in. Mr. Platt said there were about twelve or fifteen others which he wished to have put in. lie had made the best selection from the corre spondence he could, because, if the whole was read, it would keep them there for the remainder of the week. Several letters were then put in and read ; in some of them he requested her not to vex herself about an infirm old man, and expressing his fears that his unceasing in firmities would not allow him to fulfil his engagement. In others he offered her the use of houses he possessed in London, Islington, and Edward-square for the use of her mothers and sisters, and these were wishes repeatedly expressed that they would come and reside near him. He also suggested that he should withdraw the stock and allow her an annuity. The three letters written by Mr. Kitchen to the plaintiff were then read ; they were dated the 3d, 9th, and 15th Oct., 1836, regretting that she had broken off the intercourse between them ; that he knew he was not liked by her, and saying it was time to put an end to it altogether. One of the letters inclosed Si., which the plaintiff returned ; and he requested her, whenever she wanted money, to call on him, and always to consider him her friend. This closed the case for the plaintiff. Mr. MERGER (with whom was Mr. Grey) then ad dressed the Jury for the defendant. There had been a studied endeavour to parade the case into an undue degree of importance. It had been ushered into Court by paragraphs that had gone the rounds of the news papers, and by which public curiosity had been excited. It had been opened by his Learned Friend in an elaborate speech of nearly four hours, which had been followed by a minute and tedious examination, as if his Learned Friend had been apprehensive that so very im portant a case should be too soon decided ; and Mrs. Darbon yesterday, in the exultation of her heart at the important part which she was performing in the eyes of the public, declared that there had not been such a case for 100 years.—(A laugh.) lie thought the statement was rather below the truth, for he believed that such a case, with such parties, and under such circumstances, was without a parallel. On the one hand they had an old man, whose term of life h a d b een p ro t rac t e d f ar beyond the ordinary space of human existence ; the vigour of whose mind had evid en tly b een b ro k en uner the weight of years, and who had displayed that weakest of all weaknesses of the human family at a time of life when he might hare been employed in higher and better thoughts, and who believed himself capable of feeling and inspiring a tender and romantic affection. On the other hand, they had a young woman not unwilling to take advantage of that weakness, and counterfeiting a passion which it was quite out of the ordinary course of nature that she should feel ; and, with the assistance of her mother, weaving a web round the doting and infatuated old man from which it was quite impossible for him to extricate himself, but by a painful and public exposure. They might smile at the follies exhibited to them in that case ; but, after a moment's reflection, it must be tinged with melancholy. It could not be forgotten, that, during the whole course of a long life, Mr. Rosser had main tained a character of the highest respectability, and it was pitiful indeed to see his declining years stamped with contempt. It was impossible for them not to feel for himself and his family, who had suffered most deeply by his conduct, whose days had been embittered by the conduct of their father, and one of whom he feared had been hurried by it to any untimely death ; the bolt had been shot ridicule had done its worst. There could be no more painful cir cumstances induced—nothing more could be dis closed to wound the feelings of those who had re garded the old man with reverential lore ; and lie should therefore feel it his duty to expose as far as possible the arts to which he had fallen a vic tim, and he thought they would be satisfied when they heard the disclosures he had to make, that it had been the endeavo ur o f th ese part i es to fetter him in such a way, that it was impossible for him to break through, except by means of the sacrifice of that worldly wealth which it was the principal object of these parties to obtain. It had not been an unprofitable speculation already. It appeared that the family had been for three or four years subsisting on the bounty of the old gentle man. That they had received, besides 6661. stock in vested in the name of the daughter, at least 60/ per annum, besides 401. for the wages of a servant, for extricating himself from the trammels thrown around him. Never was a trout more delicately tickled. Never had an angler been more expert than Miss. S. Dar bon had shown herself, in allowing her prey to run to the end of the line with the hook in his jaws, and then gra dually drawing it back again until his powers of resistance were exhausted. He could show from his letters that there could not be the slightest doubt that from beginning to end she was instigated by mercenary motives ; it would be shown that Miss D. had kept copies of the letters, and re ceived various presents from time to time. One could understand now why the mother and daughter should be so unwilling to put an end to the state of vaccillation and uncertainty in which the old gentleman continned during the whole period to which their attention had been directed. One would have supposed that the mother, at least, would have been desirous to put an end to such a state of things, and then she would have imperatively called on Mr. Rosser to ascertain what his ultimate in tentions were. But it was too profitable a matter. She was unwilling to stop the source which supplied the golden eggs from day to day, and therefore she encou raged the old man, and favourably entertained him. His Learned Friend had denied it showing the possi bility, at some future day, of the matter becoming a sub ject of public inquiry. Such a course, he thought, unprecedented, when a person tenderly and faith fully loved a man and poured forth the emotions of her heart to him by letter. He would show by the plaintiff's own letters that she had told him she had kept copies of her letters. He would remind them of the evidence given by the mother, that the let ters had never been copied ; but the fact proved that these parties were preparing for the evil day when it might be necessary to make use of these mate rials, in order to compel Mr. R. to comply with their de mands. That he thought was an index to the whole of the case. Mr. R. was 79 years old when he lost his wife, and Mrs. D. would persuade them that he immediately con. ceived the idea of consoling himself for her loss, by pro fessing the warmest attachment for Miss D., but he did not think that was quite in the natural course of things, and that he should have, under such affliction, entertained thoughts of a person young enough to be his grand child.—(A laugh.) They had no evidence except that of Mrs. Darbon as to the conversation between her daughter and the defendant, when he made his proposal to marry her; and, if she was to be believed, she had recommended him to abstain from all thoughts of her daughter. The. Jury were to infer that an attachment had sprung np in his mind, and that the young woman never dreamed of anything of the kind until she had been in duce 4 to yield her reluctant oousent, when his term of widoWttood had expired, to become his wife. Then the rage of wititing commenced, and he regretted the quantity o f paper that had been spoil e d by it ; , but throughout the year 1837 the old ,gentleman wrote most amorous and impassioned letters, interspersed with sentiments of reli gion, which he regretted to see introduced in such a matter. He would now call their attention to the letter of the 16th of May, 1838, when this silly affair seems to have been broken off, and when the plaintiff cunningly en deavoured to l ea d hi m i nto a corres p on d ence on the footin g o f p l aton i c love. The. Learned Counsel lithen read letters in which it was stated that she wouldnever marry any one if stern decree for bid their union, continue to thinalst—( and that she would always keep single for his life, at le maintain the Great laughter)—that she would still herself engaged to him in thought, and begging of him for c'r connection innocently by letter, and 2d June could the foolish fonde o r k rk e to agree to that. Now how and en slnth man refuse her? Then therewas a letter of the which the same sentiments were repeated was the world to ther; that J i t l me she says that he alone two last letters were kind; and that she had b edewed is tl t iem with the copious showers of tears his others had n o sed. On the 16th June she invites him to hear caused. ,et birds ; that it • was a hard, destroying,warbling of the and almost insurmountable struggle with her to of a worldly disappointment, and that her mind would over not h er be Heaven calmed by moral and religious philosophy. On the 25th of May, 1839, there was another lettere saying that her love for him partook not 'nature, because he was possessed of the highest virtues of the human heart. She did not flatter, and surely would yet smile on them , and bless t heir union, Of whi c h she saw some symptoms in his last lett e r. It was beat,, tiful to love as they did, prayed him to send his beloved• profile to kiss, and signed herself his very dear love. On March 11, 1840, she said she would come to se e him if sh e could only hope to die in his arms. On the 12th s h e was pleased to see him looking so well. at that • . time of life to resist such flatteries? She then writes to tell him How was it-possible for a man arrived nice and so that she would nurse him in his infirmities and old age. On the 10th January, 1840, she tells him how very loving and obedient she would be. That she would endeavour to imitate the virtues of his late partner, and that she was studying to deserve the position in which he said he would place her. On the 7th of April, 1840, she asks why he perse cuted her, and asked him would he refuse, by meeting with her, to deprive her of all happiness ? In another she expresses her full confidence to be his wife: Here was an old man, with age and infirmities, and tortured with cramps, and the temptation held out to him of hav ing a young person, professing to be his nurse, and comforter, and his solace in his infirmities, and he' asked THE SUN, LONDON; THURSDAY, DECEMBER 9, 1841. how could he resist these combined attacks ? written after that transaction, after taunting him with his He now came to a part of the case which he could not many breeches—(A loud laugh)—the Learned Counsel approach without feelings of regret, and he must add of supposed she meant breaches of promise —she said that 1 deep disgust. Mr. Rosser was the father of six children, sh e 'could not think of accepting the amount she would two of them unmarried daughters, residing with him, have done before the purchase of the license ; , that no and such a step must have been peculiarly unpalatable moiety less than an income of 1001. or 1201 a-year for and unpleasant to their feelings. His Learned Friend life would induce ber to refrain from proceeding had suggested that the fair comparison would have been against him; and in another, in reply to an offer on his to put the case as having occurred to one of part of 601. a-year, she says, "As you are so far com their own daughters, but he trusted that such an event mitted, it remains for yourself to make me amore worthy could not possibly occur out of the Darbon family, and offer." And this was the young lady who was worn to that no respectable female would endeavour to form a a skeleton by her unrequited love for this old man. clandestine connection with an old man against the Now, with regard to the evidence to prove this state of wishes of her family. They had seen that when 'the agonised feelings, with the ' exception of the mother, daughters were absent they came to see him clandcs- wleisd,'evidence could not b e muc h re li e d on, t h e on l y tinely.and by stealth ; and that it was s tip u l ate d the witnesses called were the milliner in Regent-street marriage should not take place till .Mr. and Mrs. Allen who 'bad tried a bonnet on for the young lady, were out of the way. He would show, further, that the when, in company with Mr. Rosser, and to whose shop plaintiff had endeavoured to undermine the affections of the young lady again went a few days ago, accompanied the father for his children, and if he proved that he by her attorney and Mrs. Bennett, who had seen her would ask them, whether that would not satisfy them once three years ago, and again a few weeks since, that the only object of the plaintiff was a mercenary one? It was evident Miss Darbon was an accomplished actress, On the 2d of January, 1840, she wrote, expressing a wish and she had got up a face of agony for the occa to see him again, and that he had explained to his sion. Her real character could be better judged of daughter that her visit was on family business. On 14th from her letters. He was thankful to his friend March she said she would never release him, and that he for having put in Mr. Rosser's letters, written since the seemed to prefer his obdurate daughters to her, and to action, because they showed what must be the state of marry her in privacy if he chose to do. On mind of that unfortunate old gentleman. He could not 25th April, they had some of the articles he purchased justify these letters, but he would read them one letter referred to. She said she would come to town again if written by Miss Darbon after she had dropped he wished it ; she wanted very few under robings, and the mask, which he thought was some sort of asked him if he preferred the blue chequered silk; telling excuse for one of the letters which Mr. Ros him to send to the Bolt-in-Tun to avoid suspicion. ser had written. That letter was dated June 9, 1841. Mrs. Darbon had yesterday denied that there There was then a letter of the 9th of January, 1841, were any nightcaps sent, but on 29th April she commencing " Mr. Rosser —Dear Sir." In this letter wrote to say she had sent the patterns to him. Think of the plaintiff spoke of Mr. Rosser's aggravated and a gentleman of eighty-two having patterns of ladies' dastardly conduct;" of his "prevarications and jealousies dresses sent to him! One was a pattern of body of dress without grounds." " Your very abominable and utterly and the other of slips, leaving the matter altogether to groundless charges," she continued, " drove me to dis his good taste—she thought three petticoats enough. traction, .and I. feel towards you a total disgust. the night gowns for summer wear, and three night- Nothing can exceed your very horrid treachery. caps—(R oars o f l aug h ter )— an d not too much over the You have all your life been plotting against me all face.—(Renewed laughter.) Then there was the number through the piece." " She could meet him," she said, of fingers' length of the dresses and slips, and night "on all the charges ; she did not fear any of his false gowns, one yard and a h a lf l ong .—(B ursts o f l aug h ter.) hoods, and she knew him to be a vain, unstable man. " Let the Jury only look a t th ese letters, and In conclusion, she said, " I have reason to believe if you say how could the old gentleman resist - them. had fulfilled your marriage contract yln other other letters s h e ant i cipate d that when the haps, have treated me unspeakably ill." ou Here, d, then, family returned to town they would break off the was the lady's own measure of her loss ! Could it be a marriage. He thought the course pursued when they happy union for her? Could she pretend to say she had found that the daughters were averse to her introduction suffered so much in the loss of the splendid establish into the family, was most: artful, insidious, and impro- ment in Red Lion-square, which had been spoken of per. He would show, from the letters of the plaintiff, by the law-stationer ? Could she pretend all this, when that she resorted to the most insidious arts to provoke she herself said that she could anticipate nothing but the old gentleman to a breach with his family. The ill-treatment ? ' But take her own character. See plaintiff requests him to break at once frern his cruel fa- how smooth, how coaxing, how submissive she fully and do her justice • and in another letter s h e ca ll s cou ld b e, as long as she thought it possible to on him . to fly from the trammels of his base family. accomplish her object. The moment all hope was On the 12th of July she endeavours to persuade 'him relinquished, that moment dropped the mask from that he is not the master of his own house, and then her face, and her real countenance and character ap she was wicked enough to suggest that the daughter was peared—that moment she. appeared as the little vixen treating him cruelly—she calls her an unnatural daugh- which these letters indicated her to be. She then pro ter, wanting in duty and affection to him. There was a ceeded to the most violent and unmeasured abuse of this confirmed attempt to undermine the daughter in her old gentleman, for Whom she might have had father's affection, and to represent herself as being ready some consideration and forbearance on account of to fill her place. On the 18th July, she says his family his very advanced period, in life, and the unnumbered had caused him to treat her unchristianly; as the best acts of kindness of which, for nearly four years, she had means of punighing them,' he was to make them some- been made the subject. Tfiis was the whole of the case what less .in their portions, and make herself pro- on the part of the defendant which he proposed to offer; per reparation. In another letter she suggested to he did not, the Jury would observe, contend that the him that if he did not take care his family would en- defendant was entitled to their verdict. He deavour to prove him insane. That was the 7th of May, blushed to say that the plaintiff must recover on ac -1840, and the letter was of a very important nature, for count of the promises which had been given. His it contained not less than five postscripts.—(Laughter.) object, however, in introducing the particular part of She told him in it he was surrounded by spies, the correspondence of the plaintiff, had been to enable and that she would not submit to a paltry pc- the Jury, in the exercise of a clear 'and dispassionate cuniary recompence. Now there could be nothing judgment, fully to appreciate the motives which had in in his conduct on which to found a charge stigated this unhappy, he had almost said unhallowed of insanity, except his absurd connexion with her, and attachment, and to award such damages only as they the voluminous correspondence that had taken place be- thoUght the justice of the case, .or the conduct tween them. He thought he had shown that a must dis- of both the parties, deserved at their hands. graceful, and .unjustifiable clandestine correspondence I sincerely wish (said the Learned Counsel), that ; had been carried on between the parties, and finding_ there was a pow er i n t hi s coun t r y, w hi c h was pos an invincible repugnance to any connex i on on t h e part of sessed in one of the ancient States, of preventing the his family, they wickedly attempted to poison the old follies and indiscretions which are occasionally corn man's mind against his:daughters. He now came to another mitted by persons who have arrived at an advanced pe branch of the case in which his Learned Friend had riod of life, by putting them under a careful sort of shown that, however vacillating and unsettled the de- pupilage —not exactly amounting to the restraint fendant had shown himself throughout, they had at which it is suggested by this lady that the length got him to purchase the ring and the li- children of Mr. Rosser might be disposed cense, and that to throw himself off the hook af- to place on her ; and I am indebted to one of my torwards was unpardonable, and entitled the plain- Learned Friends for a very apposite passage of a very tiff to a large measure of damages. But the man- distinguished writer, in which he alludes very particu ner in which the ring was procured showed the easy lady to the subject : gullibity of the old gentleman. On the 2d March the " Children from marriage we by laws restrain, plaintiff's mother suggested the purchase o f a r i ng , an d Why not prevent them when they're such again ? intended i a statement that he marriage, and had been pre- Why not forbid the doting souls to prove vented by the opposition of his family, and that the money The indecent fondling of preposterous love ?" and stock was intended to have been a part of 1 the marriage portion. Oa the 22d of March, the will not, Gentlemen, o ff er any further leave the matt e r further remarks mother again returned to th e c h arge , an d i t wou ld seem on the conduct of th ese p ar ti es . that the affair was th en entirely off. He was requested in your hands, w i t h th e most ent i re eonfi to write a statement th a t h e i nten d e d marr i age, and he Hence that you will p reven t so d angerous an d per i lous did so to get rid of their i m p ortun i ty . N ow, i t was clear an example as that of a p erson i n t h e s i tuat i on of the from these letters th a t the engagement was then off, and plaintiff, and with th e ass i stance o f h er .mother, that the purchas e o f th e ring was only intended taking advantage o f a d o ti ng o ld man to make as an atonement to the wounded feelings of the plaintiff. a property of him, - drawing him into the snare, until it was impossible that he could retreat without ex- In 1836 it appeared that the engagement with Kitchen . had been broken off. Mrs. Darbon said that she h a dthreatening . him, posing himself to scorn and ridicule, un mentionedless lie consented, to do that which ' was the original ob the subject to Mr. Rosser in 1837, and that . ect of theparties, and then having the exquisite effrontery when she again alluded to it in 1840 he appeared to re- J collect what she had before stated to him. He would to stand up in Court of Justice to demand a verdict not stop to inquire w h e th er M r . R osser h a d rea l ly b een in- that such a case as this cou ld b e recommended to an in for, tortured feeling s an d bl ig h te d h opes, and to expect formed.of this affai r i n 1837, b ut h e wou ld put i t to the Jury telligent and dispassionat e J ury . whether, suppo s in g suc h rea ll y to h ave b een the case, it was not extremely ,p ro b a bl e a t M r. R osser ' s a d vanced The Learned Counsel then p u t i n th e l etters w hi ch period of lite, that the whole should have escaped his he , had . refers . ed to in his address. The reading of the memory. It was the characteristic of old men that they von!m_rnous . tile of very long and wordy letters had oc recollected perfectly the transactions of their youth, cupied the time of the Court from about twenty minutes while they forgot rece n t occurrences . I t was c l ear, before two o' c l oc k t o h a lf-p as t three, when from all that had taken place, that if Mr. Rosser Mr. Justice WIGIITMAN asked--Pray, Mr. Thesiger, had received any communication on the subject in are there many more letters to read ? 1837, he had entirely and completely forgotten it. Mr. THESIGER—A great many more, my' Lord.— When, however, he found he was completely enclosed (A laugh.) There are those which I have just put in the net of the family, suspecting that the young lady in, and I know not how many more. On counting might entertain some lingering attachment for some them I find there are eleven besides,--4A laugh.) Mr, other individual, he wrote for an explanation, and that Platt insists on them being all read. explanation . had been afforded by the three letters Mr. Justice WIGIITMAN—WeII, go on. which had that day been produced, and which she The reading proceeded accordingly, and occupied in told Mr. Rosser she had preserved, for the pur- all three hours. poses of affording him every explanation and satis- Mr. PLATT then rose to reply. He said his friend faction relating to the affair. That statement, how- Mr. Thesiger had told the Jury that attempts had been ever, struck him (Mr. Thesiger), as-. rather remark- been made by means of newspaper paragraphs and other able, for the letters were dated October, 1836, at which wise, to give this case an air of Importance. Now, lie time the affair with Kitchen was broken off, and the would tell them that it was a case of high importance. engagement to Mr. Rosser did not take place until 1837. It was a grand example of the excellence of the laws He would ask if those letters of Mr. Kitchen's, which they lived under, that his humble client, or the humblest had been read, did not indicate that he - was a and most unprotected of her Majesty's subjects could ob young man of the kindest feelings—they showed tain redress and protection against their oppressors, how= the highest respect for his parents, and the deepest ever wealthy 'and powerful. The instructions which his feelings of respect and esteem for Miss Sophia Darbon. friend had received to heap abuse upon the unhappy He (Mr. Thesiger) could not in those letters perceive plaintiff showed that the defendant was still actu the slightest ground for suggesting anything reflecting aced by the wish • to insult and injure his on the character of Mr. Kitchen. Yet how did they 'victim, which he had manifested in his last letters. But think Miss Sophia Darbon spoke of that young man he had not dared to put into the witness-bok a single when attracted by a more valuable prize? .In her letter witness, not even a member of his own family, to prove of 23d April, 1840, addressed to Mr. Rosser, after statini , that the plaintiff had been guilty of any impropriety. If that she thought she had fully explained to him all the i anything could be proved against her, the shrewd attor circumstances alluded to, sufficiently to convince him ! ney of forty years- practice, would have ransacked the of the non-existence of any previous engagement, she ; country to produce it. There were, indeed, these letters . said that she had preserved one or two letters, which she I put in evidence, being the last she had received from a hoped would remove all his scruples. In her letter of 1 young man who paid his addresses to her before the de the 29th of April following, enclosing - the letters of fendant made her the offer of his hand. But these let- Kitchen, she, after explaining the circumstances of ; ters only proved that she rejected the addresses of that the money transactions between herself and Mr Kitchen, I suitor, and that she had -never given him any encourage observed, speaking of Mr. Kitchen, " I entertained I inent. If anything else could have been established from no sort of regard for him beyond good wishes i all that had passed between h er an d M r . Ki tc h en, the and ordinary Chri s ti an feelings." In her next I J ury would not believe that his friend Mr. Thesiger letter to Mr. Rosser she spoke of Mr. Kitchen as I would have failed to bring the proof before them. He a " degraded being," stated " she was too horror-struck i would not have omitted to p r od uce t h e young man him at his (Kitchen' s ) a dd resses not to f eel thankful that 4 self. Let them look at the history of the case. They since 1836 she had lost all clue to so despicable found that in 1821 the mother of the plaintiff, having a fellow ; that she thanked God for her escape failed in business, retired with her three daughters to a from so degraded a creature. His Learned Friend country village, where they all lived together in seclu had yesterday, in commenting on one of the sion, upon the scanty pittance bequeathed to the daugh letters of Mr. Rosser, written after the commencement tors, the mother not possessing a shilling in the world. of the present action, made use of no very mild terms Here they lived in honourable respectability and peace, in characterizing certain expressions therein made use until after the death of the d e f en d ant ' s w i fe i n 1837, i of, alluding to the youn g l a dy' s escape f rom d estruction, when he invaded their retirement, and made them, by body and soul, and had challenged him (Mr. T.) to pro- his constant attentions, and his visits, with every display duce any passage from the young lady's letter, warranting of wealth, an object of curiosity, if not of suspicion, to such an expression. He accepted the challenge, and would the villagers around them. The Jury had seen that he now read a passage from the young lady's letters, which was received in the first instance, and for a long time, was a complete justification. In her letter of June 30, with reluctance ; but the situation of the family with re -1838, alluding to this attachment, she said, "I am well spect to him, and the kindness they had received from assured that it was a particular interference of Provi- him for many years in the management of their funded dente alone that shields me from total destruc- and other property,, rendered it very difficult to give him tion, body and soul, if you knew all ; and that repulse, which, it was suggested, on the other side, fortified my spirit to spurn with indignation the treat- the circumstances called for. But how came the de ment that was threatened to unsullied and indigent vir- fendant to instruct his Counsel to pronounce it disgrace . tue." That letter also contained a passage showing that ful on the part of the plaintiff to listen to such a Proposal Mrs. Darbon herself had nut been altogether blameless. from a man whose wife was not yet one month dead ? It was as follows :—"lt was my mother's imprudence- If it was disgraceful in that young woman to listen to that exposed m e t o a ll t h ose m i ser i es. " Mr. Rosser such a proposal from a man who had known her for nine could not believe that this attempt to blacken the cha- teen years, and whom she had been taught to regard raster of Mr. Kitchen was part of the artifice. He (Mr. with gratitude and reverence—how disgraceful was it for Thes4,ser) should show them that nothwithstanding all his him to make the offer ? He had known the 'plaintiff Learned Friend had said of her ardentaffection for this old since she was nine years of age, and he must have been man,the gratification of which alone she sought, was influ- able to judge whether she merited that excellent charac enced by mercenary motives, he should show that from ter which he alleged as his excuse for desiring to secure beginning to end her views and those of her family had her for his wife. FroM the time of his first offer he been directed solely against his property. He had Leen -never ceased to invade the retirement of this family, foolish enough to tell them shortly after the acquaint- whose peace had now been broken up for ever by his ante commenced, that he was possessed of considerable 'treacherous conduct. No less than 400 letters had been wealth, and from that hour they had determined received from him, up to the time when he thought pro to place him such a position as might make him a pro- per, without any fault on the part of the plaintiff; to fitable speculation for all of them. On the 22d of No- break off his engagement, and thus leave her and her umber 1839, the cloven foot appeared. They had family objects of derision andcontempt to allaround them. at that time advanced a considerable way in It was said that the defendant had come to that period their design, although they had not got quite so far a s o f life at which the vigour of his mind was impaired. the purchase of the license and the ring. At that time it But there was no evidence to justify that allegation. appeared Mr. Rosser had shown symptoms of retie:- The letters of the defendant did not justify it ; and it ing, and they determined to retain him, by appealing , was not borne out by the statements of those who had 'at once to his feelings and his fears. Th e y oung I been in constant comniunication l with him. Tho whole lady, in her letter of November 22, 1839, after saying conduct of the defendant indicated more of the cunning she could not believe Mr. Rosser after his many broken 1 of the serpent than th e i m b ec ility of old age ; that cull promises, proceeded :—" The least you can d o i s t o en d 1 ning was indicated by the appointments with the young the affair by making a handsome settlement u p o n me. 1 lady which he had made, and by the manner in which he It must not be by your will, for that you may alter. If I bad arranged them. It was indicated by his recommen you do not settle enough, the only thing y ou can do. is ; dations of a residence lie having in all cases advised the to marry me. lam entitled to a hands ome se ttl e ment : family to fix their abode in some place in his own neigh for your breach of promise of marriage. Your letters ' bourhood, or over which he miht be supposed to have produced i n C ourt would of me heavy damages. ! sonic control. Th e very favours with which lie had It is a ll t h e consequence of your o wn f o lly i n list- ; b os d e d h er m i ght have been conferred for the purpose of ening to the advice of friends. You had better, : Subjugating her t o hi s w i shes ; an d t h at was t h e very to secure yourself from public ridicule, marry i course which a man with dishonourable intentions might concluding paragraph me. " So that this young lady who was so full of : be supposed to pursue. All hi s promises of waking her affection for this old man, told him that his making love ; his wife were but masks to conceal his real designs, to her must expose him to public ridicule. The .i and his protestation s of religion and morality "If you still of the letter was as follows : ; only showed . that he was persuaded that it was refuse to marry me or to make a handsome i not a" profligate with whom he had to deal. That settlement up on m d ' •to mortify ! would not have been the first time that religious P.S. I would aecCepetpend upon it I will, t your daughters, inform them of the Bank moneys.— i enthusiasm had been assumed as a u:ask for carnal sin ; a year, in addition to sequent letters she threatenedentl , t o h f e; a tm, bond for sixty pounds I and if such were the purposes of the defendant no pecu yiimpoimmidths.'inflenrelsuiebg- I ,dne i aerp y . lo A ss could be b a e nn a e s i ufficient punishment for infamy so his family of theitiank money n e d e e tdo thatth e plaintiff s, to show, as she said, how I after the defendant had '3' a r t h l a e d ng b t e h en an o n ff o e u r she had cheated them, and was constantly holding a ! no intention or completing his engagement; that offer writ over his head, in teriairern. After hooking her ' the plaintiff had Very properly rejected. She was Mr. gudgeon still snore completely, she induced . hini ' , Rosser's affianced w i le, and as suc h s h e was ent i t l e d to a ,she r to purchaseuse her de the licensande and , th e • r i ng, when i provision as l ar g e as if their marriage h a d been actually in ms. Iu one of her letters 'solemnized. But the oflbr in question waft in no way suited to the affluence of the defendant. It should not be forgotten that, according to the contract between the par ties, the plaintiff would have been entitled to no provision of any kind in the event of her surviving the defendant, unless' he had thought fit, after their marriage, to sign a deed in her behalf. That was the consequence of the English law of conveyancing, with which the defendant was well acquainted; and it was under those circum stances that the plaintiff was ready to place all her hopes of worldly happiness entirely in -his hands. And yet that was the woman against whom the charge of selfish and interested motives had been laid ! But the defendant had assigned as one of his reasons for violating the promises he had made, that he had been informed that the plaintiff had held communication with a stranger in the streets, and that she had a conversa tion with an officer in the navy, under circumstances of a suspicious and improper kind. Now that charge was a grave one, and might well be held to disqualify the plaintiff from urging those claims which she might otherwise possess. But the charge, heinous as it was in its character, had not been substantiated by one tittle of proof. Mr. Rosser alleged that he had received infor mation to that effect ; but the name of the informant was not mentioned, and no witness whatever was called to established the fact. Was not this a case of injury fol lowed by insult, and if they believed this canting old hy pocrite had from the beginning intended to treat a vir tuous and unsuspecting girl in such a manner, how could they sufficiently express their disgust at such conduct ? But if they shouhl be of opinion that his intentions had originally been honourable, but that afterwards he wished to get out of his engagement, then he could not be per• !flitted to do so without making her a handsome compen sation. The comfort, the honour, nay, the life of his un fortunate client, depended on their verdict. His Learned Friend had sneered at the evidence given by the milliner as to the personal appearance of his unfortunate client. Was it not evident she was taken to the shop solely to be identified as the person who accompanied Mr. Rosser on a former occasion? But what did they say to the evidence of Mrs. Bennett, who was a person of the greatest re spectability ? The plaintiff was an object of deep corn • passion. She was living with her mother in 1837, in a state almost approaching to penury. Her conduct to her mother was exemplary ; and what better earnest could there be of a woman making a good wife than that she performed her duty to her parents ? Mr. Rosser knew that, and daring the lifetime of his wife, so high an opinion did he entertain of th e plaintiff, that he offered to conduct the affairs_of' the family at the winding up the account of the executors. There was then Mr. Rosser's own evidence to her character, up to the time that he invaded their quiet cottage. Shocked at first at Mr. Rosser's so soon forgetting his partner for fifty years, they were induced at last by his importunities to admit his addresses. All the parish of Hampton knew of the engagement, and . then the match was broken off. All he asked was, that he should perform his contract : he refused to perform that solemn engage ment. After exhausting four pars of his life, he came into Court, and the lady had no object in acquiesing in his request but to obtain money. Was she not, there fore, an object of compassion ? What could they think of the taste of any gentleman, when a question of mar riage arose between him and a lady, to call her action a Pickwickery action ? Could anything be more vulgar ? As an honourable man, Mr. Rosier should n o t h ave pleaded to the ac ti on ; he should hove said, I have broken my compact, and let a Sheriff's Jury assess the damages ; but, instead of that, he endeavours to terrify the mother and the daughter, and pleads four or five false pleas. A more lawyer-like sort of defence was never seen. It smacked of the attorney's office. The first thing he pleaded was that he had never entered into a con tract—that had been proved. The second' plea was, that he had been 'pholly exonerated. What was the meaning of that ? All the letters showed that, so far from being exonerated, she had always insisted on his performing his contract. There was no evidence of any absolution from the contract. For what purpose could those pleas have been placed upon the record except to alarm the legal adviser of the plaintiff? but he was a person not to be frightened. He felt he could trust to whatever the plaintiff told him, and he challenged them to prove these false averments. They had not attempted to do so. There was another plea, that the 3661. Consols was re ceived in satisfaction of the breach of these contracts. Were they prepared to find that, when the money had been paid before the breach had been made, when the money had been paid before the later contracts had been entered into? Could they approve of the conduct of Mr. Rosser to this lady, who had no father and no brother to vindicate her rights ? He thought they must see the plaintiff was an object of 'great compassion, because, if they did not give her an adequate amount of damages, Mr. Rosser would have obtained a victory over her. If his object had originally been an improper one, no amount of damages could be too high ; but if he had originally intended to make her his wife, she was entitled to re ceive, not only an amount of damages sufficient to re munerate her for the station she had failed to obtain as his wife, but also to compensation for the misery and suf fering she had endured, and for the injury he (Mr.Rosscr) had attempted to do to her character. They were called on to perform an important duty. If they dismissed the plaintiff with disgrace, they would be inflicting on her a life of ignominy, but he was certain they never could do so. No British- Jury would come to a conclusion branding the character of a fellow-subject without any evidence, and they had no evidence to brand his client in the pre sent case, and he trusted to them to pronounce 'such a verdict as would adequately compensate' her for what she had suffered. Mr. Justice \VIGIITSIAN in summing- up, said he sin cerely congratulated the Jury on the approaching to a conclusion of this most tedious cause. It Would not be necessary to go through the eVidence; the pleas had none of them been made out. It was -evident a promise had been given, that the defendant had never been re .. leased from his promi se , an d th at t h e money had 'not been accepted as a release from that promise. The only question, therefore, would be that of damages. The Learned Judge then proceeded to relate the circum stances of the case, as they have been detailed in evidence. The correspondence was one of the most extraordinary series of letters ever read. Sometimes the plaintiff re pented of his engagement, and then lie repented of his repeutance ; and these changes took place so frequently that it appeared that the plaintiff really had hardly bad time enough to make her mind up as to what course she could pareue. It appeared, however, that the defendant had all along some fears of what his family might say to this engagement • that the plaintiff w as aware o f t hi s, and that she took no steps to inform- his family of what was going on. His daughters, no doubt, frequently re monstrated against the engagement, and this remon strance appeared to have produced a great effect on Mr. Rosser's mind. There did not seem to be the shadow of an imputation on the character of the plaintiff. With regard to the affair of Kitchen it was evident that she had refused him long before she accepted Rosser, and there was no imputation whatever on her character. The history of the engagement would best be learnt from Mrs. Darbon's evidence, which he would read to the Jury. (Having read Mrs. Darbon's testimony, the Learned Judge proceeded). Whatever they might think of the nature of such a connection, as far as a set tlement in life went there could be no doubt but the marriage would have been an advantageous thing for plaintiff. His Lordship then read one of the defendant's letters, in 1839, from which his Lordship thought it was evident that he was still as much attached to the plaintiff as ever, and only prevented from fulfilling his engagement with her by his very natural unwillingness to inflict additional pain upon his daughter, whose health had already been much impaired in the - struggle. However, he did afterwards renew his promise, and went so far as to procure a license. It was for the Jury to consider how far the plaintiff, a young woman of 29 years of age, could be supp ose d t o have suffered in her aff ec ti ons , by being disappointed of a marriage with a man of 83. But it appeared after all to be the real consideration for them, whether this was one of the cases in which worldly compensation could •be applied, and then what amount would be sufficient to .compensate the plaintiff for the annoyance and vexations she had suffered, and the injury done to her feelings, by the defendant's playing fast and loose with her for so long a time. In that light the matter seemed to have been viewed by 'both the parties at several periods, the question having been discussed between them so far back as 1839, how much would be an adequate settlement for her, to satisfy her for her disappointment ? Sixty pounds a-year was offered by the defendant, and the plaintiff held out for 1001., so that the latter may be supposed to be the estimate she put upon what she would feel a compensa tion at that time. The correspondence, however, had been renewed, a ring and license had been bought, and two years more had passed in some suspense. - All these were considerations for the Jury in awarding damages. In their hands he now left the case. There was no question whatever but as to the amount of damages, as the verdict must be for the plaintiff on all the counts. The foreman inquired if the stock (6661. in the Globo Insurance) stood in the plaintiff's name ? his Loansuir replied in the affirmative. The Jury then retired, at half-past seven o'clock, and at a quarter . to nine returned a verdict for the plaintiff, Damages 1,600/. - COURT OF EXCHEQUER, Dec. 8. WOOD AND ANOTHER v. PARKIN. This was an action brought by Messrs. Wood and Ellis, solicitors, to recover the balance of an account for work and labour done, amounting to 3951. 18s. 4d. Mr. George, and another clerk to the plaintiffs ; proved that the work charged in the bill which had' been deli; vered had been done. It consisted in soliciting a patent for wood paving and paying the espences incident thereto ; the money out of pocket Was,upwards of 2001. In his cross - examination by th e defendant, who up , poured in p erson , t h e w i tness denied any knowledg e of any agreement between the defendant and Mr. Wood, that the firm were to make up a direction for the Com pany that was proposed to be tOrmed, and that if . they failed they should charge nothing—if they did succeed they were to be appointed solicitors to the Company. The defendant was pursuing this line of cross-examina tion, but in so irregular a manner that his Lordship in.• terft red. In a - very short address to the Jury the defendant re peated the above statement, but acknowledged he could not prove it. He complained that the plaintiffs had, contrary to his instructions, completed a patent that wits useless, and gave up the proceedings for a patent that would have been most valuable, and said he had entered into an ar rangement with a Mr. Grub, by which he was to be re leased from all responsibility. His LORDSHIP (Baron Gurney) said, in fact, the cause was undefended, and from the specimen of the waste of time which had taken place then, the jury would be sa tisfied that if all persons abstained from employing 0- vocates, 365 days in a year would not be enough to try the causes which came before them. The Jury immediately found a verdict for the sum claimed. 'BARRETT v. ABBOTT. Mr. Sergeant Ikumow stated that this was a horse cause, but both parties-were highly- respectable gentle men engaged in the practice of the law, and both car rying on business in Doctors' Commons. In February last the defendant was in possession of a mare which he said was too quiet for him. The plaintiff wished for such a horse, and upon the representation of the defen dant as to the perfect quietness of the mare, purchased her for 10/. She was delivered on a Saturday at the latter end of February —next day she was put into the chaise with the intention of driving from Tottenham to Hampstead; the moment the groom left her head she started off at full speed, and nothing stopped this quiet mare but the heavy roads, and the still heavier hill, at the end of the journey. A few days after she was again put into the chaise, in which the defendant and his -son drove to town. On the road she started off, and nothing stopped her until both were thrown out, and the chaise dashed to pieces. The plaintiff was injured on the head and arm, and his son on the knee. Of course he could not drive the mare again ; and as the defendant refused to take her back, she was sold. The plaintiff sought to re cover for the damage done, for the money paid for the horse, allowing for what she fetched, for the keep of the horse until she was sold, and for such other damage as the Jury thought he was entitled to. The ease, as stated, was proved by the son of the plaintiff, and an inspector of police, who saw the latter accident. A farrier at Tottenham had been employed to shoe the mare in question ; it was anything but a pleasant operation, for without the very greatest care she would have knocked him into one forge while she remained - in the other.—(A laugh.) Wm. Groombridge, son of the livery-stable keeper, drove the mare at the latter end of March. Without any cause she ran away and began kicking—she was very violent. He had been used to driving 14 years. An hostler from Stanmore, where the defendant re , sided, gave evidence of her running away while in th possession of the defendant. The cost of repairing the chaise was proved to be 71. 10s. ; it could not be shown what was got for the horse, as sun had been bartered. A gentleman behind the bar addressed the Jury for the defendant, and contended that the evidence clearly proved that the mare at the same time of the sale was perfectly quiet, and that she had been frightened subse. quently. He called the grooni and • footman of tl' defendant, his brother-in-law, who was the attorney in the cause, his father, and a Mr. Oliphant, all of whom had frequently seen and ridden behind the mare. She was perfectly free from vice, and was perfectly quiet. On only one occasion did they speak to the mare having been driven in single harness. Mr. Sergeant LUDLOW replied, and his Lordship having summed up, the Jury found for the plaintiff damages 101. COURT OF COMMON PLEAS, Dec. 8. PARKER V. TAYLOR. This was an action of trespass under the Interpleader Act. The defendant having obtained judgment upon a bill of exchange against a person named Stockbridge, residing in Clapham, put in an exe cution, and leVied the amount ,of the judgment debt, notwithstanding the protest of the plaintiff, Par ker,- who claimed the goods seized as his, under a bill of sale and transfer alleged to have been executed to him on the 10th of August, the day before the seizure by Stockbridge, who was his brother-in-law. The bill of sale was alleged to have been executed in satisfaction of a debt of long standing. The goods having been sold under plaintiff's protest, under these circumstances he brought the present action. The defence was, that the whole proceedings between the plaintifl'and Stockbridge was a contrivance to defraud the other creditors, the allegation of debt resting only on the evidence of Stockbridge himself, and the transfer having been made sub sequent l y to t h e j u d gment obtainel by th defendant, when the execution was im minent, and only the day before it was levied. PARKER V. TAYLOR. Mr. Justice ERSKINE, in summing up, said that al though it was suspicious that -in all the time from April, 1838, when the I 0 U was alleged to have been given to Parker, in discharge of which the transfer was made, he never took any step to obtain pay ment; yet it was possible to account for that lenity on the ground of the near relationship of the parties. It was also suspicious that the bill of sale was not exe cuted until the night before the distress was put in by the defendant, which distress must have been ex pected by Stockbridge and his family. It was for the Jury to say whether the evidence of Stock bridge cleared away those suspicions, and satisfied them that the sale to plaintiff was bona fide. The Jury, after a short consultation, found a verdict for the defendant. POLICE INTELLIGENCE. MANSION-lIOUSE. Mr. Hobler, jun., applied for a warrant to take into custody a person who committed an extensive forgery and fraud on the Ist December, upon a house in the City. The individual, it appears, is not known by name. He went to the house, the principal of which is in pur suit of him, on the Ist of December, and produced Bel gian bank-notes, as they appeared to be, for which he asked and procured Bank of England notes. He re ceived in exchange for his Belgian notes one Bank of England note for 300/, six for 1001. each, five'for 501. each, two for 401. each, ten for 51. each, and small Bank of Ireland notes for 11. and 1/. 10s. each. The whole amount with which the delinquent got away is upwards of 1,4001. A warrant was immediately granted, and placed,iin•the hands of John and Daniel Forrester. • The Belgian notrs, it was stated, were not discovered to be forgeries until they were sent to Belgium for pay ment. A cab-driver, named Jams Austen, was summoned for having refused to take a fare. The servant of Mr. Moses, of Finsbury-circus, stated that he went, by the desire of his master, to the stand at Moorfields, where the defendant was with his horse and cab, and desired him to drive to "take up at the • Citeus. The defendant, who knew that Mr: Moses wanted to go no further than froundsditch, and, was in Abe habit of paying no more than the legal fare, refused to drive " the Jew." The cabmen on the stand were in the habit of treating any gentlemen who resisted their, attempts at imposition in a similar manner, and Mr. Moses was de termined to see what the Act of Parliament would do for him. The cabman, whose appearance and tone of voice were quite unanswerable evidence in favour of the prosecution, said that he had a respectable gentleman, the waterman who attended the stand, to prove that he (the cabman) was engaged to another gentleman at the time Mr. Moses's servant addressed him. The LORD MAYOR—Let him appear. The waterman came forward, and said that just before Moses's servant appeared, a gentleman, who came by one of the railway trains, carne and engaged the cab. Mr. Moses's servant—l got into the cab on the stand, and I saw neither this waterman nor any gentleman at all near the place. The LORD MAYOR—What do you say to that, Mr. Waterman ? Waterman—Lord! please your Lordship, the gen'lman when he came up, gives me and the cab driier an inwite to go into the public• house, and have a drop afore they'd go, so we goes in. and then we sees the young man get into the cab which he had no right to. The LORD MAYOR—Oh, that was it. You three gen tlemen went into drink before the job was commenced ? Waterman—Just so. The LORD MArou—Very well. You have fully con firmed the account given by the young man who has complained. My decision is, that the cab-driver pay the sum of forty shillings penalty, or go to prison for one month. The cab-driver—l sha'n't pay no forty shillings. The LORD MAYOR —Then you must be locked up for a month. Mr. Moses's servant said that his master desired him to hand over any penalty which• might be paid, to the Lord Mayor for the benefit of the poor. The Loup MAYOR—I hope Mr. Moses will serve the public further by helping me to punish fellows of this description, as often as attempts may be made to dis appoint him. His LORDSHIP stated, in the course of the day, that he had received from an anonymous contributor, to whom he returned most sincere thanks, the sum of 101. fur the benefit of the poor-box. CENTRAL bRIMINAL COURT. SENTENCES. .The Noverabdr, session terminated late on Tuesday evening, when several prisoners were called up to re ceive judgment. The following prisoners who were convicted during this and the previous sittings were sen tenced as under : . , Death—John Job Ward, convicted of murder, and ordered for execution on Monday week, the 20th inst. The undernamed were sentenced to banishment for the periods set against their respective names : For:the term of natural Life—Henry Beaumont Smith, for the Exchequer bill forgery ; William Henry Mence, for a robbery at the Post-office. For Twenty Years—Joseph Paybody, for forgery ; Edward Beamond, for receiving stolen goods, having been previously convicted of felony. For Fifteen Years —W. Johnson, John Crittle, Richard Ball, Dennis Leonard, and J: W. Bigg. For Fourteen Years—SOlciman Levine, for receiving stolen goods ; and Hugh M‘Cave, on a second conviction. For Ten Years—John Sharley, John Baker, Thomas • Conway, R. Hitchrnan, R. Sullivan, Charles Tyrell, J. Cooper, Richard Gower, Joseph Frank, P. I. WEvven, James White, George Haydon, W. Armstrong, R. New bury, J. Mahoney, alias Hewett, John Barker, J. Smith, W.. Smith, J. B anes , W . Cl ark e , George Barnes, J. Brown. For Seven Years—Charles Thomas, Michael M‘Loch lin, Daniel Whitlock, S. Bennett, J. Reddington, Joseph Gisling, Elizabeth Jones, Jane Smith, Henry Fawcett, Thomas Major, J. Ogleby, J. Jennings, T. Murray, Edward Coleman, Ann Brewer, William Virtue, Charles Jones, Daniel White, J. Thorpe, T. Darby, J. Ryan, C. Campbell, J. Kemp, J. Lorns. A great number of other convicts were sentenced to imprisonment for two years, eighteen months, one year, nine months, and shorter periods, clown to fourteen days, The Court at its rising adjourned to Monday next, the lgth inst., when the December Session will commence: , MADAME DE SEVIGNE.--It is singular, that of a person so universally talked of and admired as Ma dame de Sevigne, so little should be actually known, and that less should be known in England than any where else, though she is nowhere else more admired or talked of. The reason probably is, that we have no au thentic record of her life ; though it is one which was intimately connected with many of the most extraordi nary persons, and the most singular state of society and manners which civilized Europe ever knew. The forth coming work, ent w itl i e ll d LAulbatdleasms esudpeplySevthigisnedeafinedienleteyr, that interest an d cur i osity which has e aC v n e di r i tea° excite i t e e Pit n °e d r e t es h w e " name of this most charming of letter writers , When it is recollected that Madame de Sevigne was the intimate associate, during her whole life, of nearly all the most celebrated persons of the Court of Louis XIV., we may expect such a fund of anecdote and entertainment as the annals of scarcely any other period could supply. , MORNING SUN _ . COUNTY OF DOWN MEETING T O ADDRESS THE QUEEN. On Thursday last, • a meeting of the nobility, gc ° ,7 clergy, and freeholders of the county of Down, eallett,,,i the High Sheriff, in compliance with a very inflJeel' he requisition, was held in the County Court-hoesc, fo rt purpose of presenting a congratulatory a ddress t 0 0 Queen, Prince Albert, and the Duchess of Kent the auspicious and joyful event of the birth elan The Apparent to the throne of the United Kingdom. meeting, thou g h no t very l arge , was hi g hly respec t ' Among the gentl emen present we noticed the fo llowia' L —B. P erceva l Maxwell. Esq., High Sheriff of • t county ; the Marq u i s o f D owns hi r e, the Alarcla 1 „“ ; Londonderry, Sir Rob er t B a t eson Bart., D.L. , James Blackwood, E sq ., D.L. , J . P. ; John t " W. Mt well, Esq., D.L., J.P., & c . 'The High Sheri ff in chair. hal The Marquis fL O. LONDONDERRY said, lie risen with greater satisfaction than he n ow (lid ea second the motion of 'his Noble Friend. The Q. uc t l had not only given profession, but had afforded s° b - , proof of her attachment to the Conititutio, yielding to the will of Parliament, and dismissing 170 her councils those Ministers that did not posse' s ., s confidence of Parliament. She had done this too, way that was greatly to her credit. With the bl es t s b j e r of Providence, her Majesty was now the bapPY ° t° , r . of a beautiful boy ; and when her people had thus tainty that there would be a scion of her line to a uc v,i,t nevcr,, to her( but might that day be distant!) who would be br°%e. up under her virtuous instruction—who would fore him the example of a parent more pure than odor e beth, and more royal and queenly than Annesl i t itiEli .! those circumstanc es , h er p eo pl e must f ee l that'll!, a d t he empire was placed i n suc h a pos i t i o n as to 11, id, utmost satisfaction. A n o ld so ldi er (L o rd Hill) Tbst that the young Prince was a remarkably fine W l ', like he was so could not appear wonderful to those 9 " t ( r , of him (Lord Londonderry.), had enjoyed opporte w ii . tt , to seeing his Illustrious parents. They appear i t° a l bad t approach nearer to the description which At i lt ba d b a d given of our first parents, than any other Pair be ever seen : " For contemplation he and valour form'd , For softness she and sweet attractive grace; He for God only ; she for God in him. .___(Cheere.) He did not think that any desertPl" the Royal pair could be more appropiate. - °1 loei n g James Blackwo o d, E sq ., move d t h a t the „ s‘k gentlemen be appoint e d a C omm i t t ee to Pr i tgar• dresses to be submitt e d t o th e mee ting ' e 1 ; quis of Londonde rr y, th e M arqu i s o f 0°"-k 1' , v . l ' . W. Maxwell, Esq., R o b er t G or d on , Esq., EA" # Annesley, James Bl ac k woo d, Esq . , M. Itcul, F. Rev. J. C. Gordon, Si r R o b ert 1 . 3 ateson, R ef ' Knox, Aynsworth Pilton, Esq. ° d Loyal addresses were a ccor di ng ly prepare" nimously adopted, when t rega lar it The Marquis of LONDONDERRY said, as I , le te ece business of the day was now over , h e .wcul“.,„ e t he as an indulgence, if the meeting would do 1 c ol your to permit him t o sa y a f ew wor d s 01 )° ,!.,, e 1f. that was, in som e respec t, persona l to hThske sa had been said that he was disposed fi t ° ire ° l 7 l ultra course. That was quite absurd. 11° 4,41 le' revered brother, had ever been the advocate Olt religious liberty ; and how this was comP,rethle 010 0 ultra-Toryism it was not easy to imagine. ' I , as' he was quite ab s u r d. A s t o hi s own pe rsona' ' n solo" had been in a s it ua ti on w h ere h e m i g ht have ° " n llst" them, if he h a d w i s h e d. H e h a d no • besitation s,i d biro, ever in stating, th a t Si r R o b ert P ee l had offe'j i c a i.igh positi on un d er hi s Governmente-4 ,N r tircld is , " Hear, hear.") H e h a d sent to him Oh ° eo nit" . of Londonder r y) as a diplomatic person , t° him, among the first. He felt grateful for this 4 tl itb when he con s id ere d h ow h e h a d b ee n mise d h polities—how he h a d b een m i xe d up with Iris - -when he consid ere d h ow h e h a d b e en raise- 9- °0 ; dot s a i d, and matters, he felt bound to &dine ace0P, , ,,„ 0 Sa t ," and he had preferred credit to office. It 1 10 ": c oal' that he bad declined office, because be ha i a ; 4 l - 01 0 ; Bence in the Government. Because he ttel " - iden c. ' cepting a high office, did that imply want of o° o Ye t in the Government? Undoubtedly not.-4 1° :,jog that bad been assigned as his reason for re: a e hie' accept o ffi ce. It was necessary for him to pia' self on a proper footing i n thi s m atter. f' 17°1°' After some remark s f ro m the Marquie, ° SHIRE, the meeting se p ara t e d.—Dublin Piw" night lasi, oo rtt noP s. INCENDIARISNI.—on Friday after ten o'clock, it was discovered that the st 3c o, is os of Mr. William Chambers, of Sutton-in-Ashfie, o f a t on fire, and which was without doubt the wor.,,,forwieli incendiary. Tho Sutton engine, Union and the Mansfield parish engines, 1 0 °2 5 00; on the spot, and rendered effectual °'', 3 stria, an d the Three valuable wheat stacks, one oat a nd I,„ e i , stack, were consumed, and a seed stack much : 0 1" 1 : 0 ,1 1 ' Mr. Chambers's farming stock was insured in ,01, ja / tinghamshire and Derbyshire Fire-office for it is estimated that the less will amount to °" " t hat sum. This is the third time, within a year' Chambers's stacks have been fired ; the first ipd loss was 601. This fact, though serious to the ri dual, is not so alarming to th e p u bli c , as i t sPI,,, t of be rather an act of private m a li ce , t h an t h e o tt er general bad feeling , in in a t t , t l • coi A CURIOUS .L A.W.SU I T.—A passenej ou gh; r American steam-boat, a short time since, " 1 suit," in St. Louis, against the captain of not starting at the hour he advertised," - ther e ,,, b ,' n ctua litf i t he ve! c s r e et iting a loss to the said passenger through lioe?o,3,incctleii:t The case went . before a jury, who Ivere,s, ° i n Vf t a ia the justice of the claim that they brog u i 'l.iter , " c3l:nie for 190 dollars l—no trifling sum for the ( 3 ' 1 ',,00d to pay, as the penalty of his not beihg it . We keeper." tb, DEATH FROM THE BITE OF S ' e the d l et" 1 1 1.. are extremely sorry to have to anu eli c i gptain under very melancholy circumstances, °' ~:li.ssis`3 " f it Lumsden, of the 63d Native Infantry, SOW ) " Septet" -3 the Commissioner of Arracan. He was b 3tiii" ol . at Khyook-Phyoe, on the morning of the 2 6th y SO OII I 3 ber, when a shark carried off his leg , 0 , 0 41 P er- --14 terwards the unfortunate officer was —I.-se. Paper. Neso t4 f MONACHISM AT OXFORDs--"" 1 "" .. . - r al. 4 " - ro ° t Vicar of St. Mary's the Virgin, is building se“ d ' i d a tes ' 0 chambers for the reception of young me n (Can lati °°) 'th i o orders, or fur monastic institutions in coute ln Pairect r his parish, at Littlernore, And we b e ' . to u' ethe Heads of Colleges to an investigation of tile fact' 01° . several young men, bound by oath to celibaeY cc iti,i v t ,ratait nn ' nastic vows, are not now eiieiving a e. no the f r ' who -is b e —gity rr int app,.. and his Royal Highness Plince Albert, offers assortment of HORIZONTAL WATCHES at iv! . 1 de' !. 5 From their great advantages over those of the vertle:coroolfi'l„, tion in performance, appearance, and 'guess, he r`, e lec; fB them for Ladies' and Gentlemen's Wear. They h av i n ell"An engraved or plain gold dials and cases, and the nit've„rd. avJ jewelled in four holes, and the performance Pa ra t n ro ctiO abstract from Mr. Dent's Lectures on the C °lls may b e t vi• Management of Chronometer Watches and Clocks T, 2, stO gratuitously by customers, or to the public price ---------------- a pp' 11 GOLD NV Al CHES, LONDON; Alocor04,:; A. B. SAVORY ai.d :- ONS, Watchmakers , N ° ' '' e lec ti°. of London, opposite de ;lank of England, submit for ' „hole 0 ( very large STOCK o. GOLD WATCHES , the n ectO ri s r , which are made and Eished under the careful in g r A , is °- experienced workmen ~n their own remises, and ea ranted for correct pet to mance. P gold cases and • go S m iZ (i. .LF , O w ß arra L n A te D d ............ ... .. .. Fine Vertical Watch,. jewelled, in engine-turnedxjo 1,0 Fine Vertical Watches. jewelled, with do uble- •'b backed engine-tur n e t : gold cases and gold dials, 0 lg . warranted ......................... Patent detached Lever Watches, jewelled in foul , 4 - 0 holes, with 'double-ha 'ked gold cases and Vic' 0 1 dials, warranted SIZE FOR GENTLEMEN. Patent detached Lever Watches, jewelled is four holes, seconds, and double-backed gold cases, 13 1 3 0 warranted .•• ..... Patent detached Lever %Vetches, capped, j ewelled o in six holes, seconds, double-backed gold eases 1 7 17 and enamel dials, warranted ....................... Patent detached Lever Watches, capped, jew elled „ 0 in six holes, seconds, double-backed gold eases I 'pl and gold dials, warranted ........................... sa ja P o d Either of the Gentlemen's Watches WI b° sec ork bs hunting cases for 3/. 3s. each extra. N• l3 ' Watches purchased in exchange. o f 0 f thedaOgrnihttehre.he l 7th inst., in Wilton S s . cent, Lady mnaglas' , On the i 6thsth inst., inst., at Duke- street, 3Weistinichnst arc Westminster, o u rag v ii i 0f E. M. Harrison, Esq., of a daughter. rs. King's-road, Bedford- row , o f t w i n daughters. ft' , mota ili ' On the 6th in s t., a t F u lh am , th e lady of Henry a Esq., of a son. , of MARRIED. 5- 0 1; 0 0 On the 2d inst. , at Much Wenlock, Richard linY" Holmes-terrace, Kentish..town, to Mary Ebi abe l til e ' e• ~.. daughter of Humphrey Hinton, Esq., of the former F r ; gel On the 4th inst., at Mitcham Church, Mr. W 1111 ,`,,, v son, of Upper Tooting, to Frances, youngest daug"*" ' Russell, Esq., of Mitcham. , ,) Her 'hilt vs On the 6th inst., at All Saints, Southampton, ' WicV 0 eldest son of the late P. H. Crampton, of Fassaro, laic job Esq., to Jane Delicia, youngest daughter of t!'`'. j , M‘Robert, M.D., Esq. he I le ' PI On the 7th inst., at St. George's, Blooms b u r y, • t , 1 , , thi Maude, of Newport, Isle of Wight, to Mary F ' e u se , daughter of G. H. Hooper Esq., of Bloomsbury- il t D lED. L i eu ten, a :i On the 11th of October, at Cohnbatore, Se con d o f Geo , ' R. F. G. Fast, of the Madras Engineers, second son J. W. Fat, of theßengal arm, aged 26. „. Ga c,allaP d ' On the s 2lst of Oc ß tober, at Ra y jkote, Captain %-,• • 14th Regiment of Bombay Native Infantry. ..._ • ,..„ t i t h, C On the 22d of October, at Bangalore, W. E. mur.,; e inso! son of Major-Get. eral W. Monteith, of the 1110ro:se'bitgrea. On the 27th ult., at Cologne- on-the- Rhine, 1% . -l e a s nZ iow doi o ' On the 30th ult., in Claremont -square, Char' f`" . a Esq., of Messrs. Cox and Co.'s office, Craig's mbite, Fa hsa On the 4th inst., at Wotton-court, Glonce ste , e d WA i d, beth, widow of the late G. C. Hopkinson , Esq.' ~ ,. ..,„6 - . i po , On the 4th inst., in Russell-place, Fitzroy-sq ~,,,, . at hsr ~ Daniel Davis, M.D., aged 64. Ed w a rd il ic On the sth inst., in Mecklenburgh-squa re, t Comyn, Esq., aged 60 . On late Am the 4th inst., el Sir atSkr Eliab H Skreens, ethrveey, aged LadyLos4.uisa of the llaroYs relic' London: Printed aid Published by 1411MDO YO IP No. 112, Strani, at The Sun Office, N 0 .1 1% %I. the County of AlidcUesex, Thuredey, December 70 on in the University from parties wno "l ere , is P" iterest in thew. The Bi s h o p of Oxford , w krford Chronicle. oram., .170 el 18 GOLD WATCHES.—E. J. DENT, t h e wr 126 0 0 'l 3 .°iP!rnerit Chronometer and Watchrnskg . : estelieli.