The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1870-07-26 00:00:00

ACTION FOR SEDUCTION.

BaillltliALL, Frlday.—Before remise COOMBS, Esq.,
Deputy.3hetiff and a good (speck!) joy.
Russia Secmcga. pl.inlffv. Jamas Gun Summate,
defendant.— Thin was • writ of coy airy from the Court
of Queen's Bench, to amass damages, which were laid
at C 1,500, in an action for seduction.

The following jury were sworn :—H. Williams, Fog
(foreman), F. G. Burnard, E. A. H. Castleman,
Devenish, S. Dommett, G. E. Eliot, A. B. Foster,
H. C. floodilen, 0. B. Shore, R. 0. F. Steward, J.
Tucker, and K. Wi'matt, Eft"
Mr. Collins, instructed by Mr. 11. C. Weston, wan
for the plantar. and Mr. Lopes, Q. 0., instructed by Mr.
R. N. Howard, for the defendant.
In opening the cme Kr. COIIIIIII gad the Winn was
brought by plaintiff for the 'eduction of his daughter
by the defendant. 'lke defendant had not pleaded,
and the duty of the jury, therefore, was simply to
&seem the amount of damage suatained by plaintiff on
amount of toe conduct of the defendant. Mr. Spencer
wane miller and farmer, very well known in the ',aunty,
carrying on bu.ineas at Pu Idle will, in the perish of
Church Kiosk, and the defendant Mr. J. G. Sh
waif a farmer—a gentleman farmer he believed be
called himself, living in the sauce parish; he occupied
* large farm, and was • man of considerable means.
He thought they would find, in the &wee of this
unfortunate
inquiry,that
odeifugeohdirrtobledtacotedonantlasubaduly,ytomtLe
po•mbly c..uld do. They sere all no doubt aware that
by what he might term • fiction of the law, the father

11.11 to sue for ;le los, of hi, daughter'. segrioee, but it
was very well laid down by the differeot judges th•t
juries in this sort of case should not only take into
consideration the were loss of strvMes, Out should
remember the natural shame that the father of • (amity
would lea hi having a dstishbr seduced, lie beln-vel
the defeudant bad been known to the plaintiff ad b.
wife from • be. Miss Spenoer first wet him when
on • visit to Wareham. At Viet time defendant was
living with his aunt, a la ly of mud ',treble means. In
1859 the defencl•nt was about taking Brad'', (slim, whets
he now lives, and i.e °crumbed plaintiff on the sutleet.
got the benefit cf his expetience, was treamal iu the
kindest way, and they became on friendly terms.
When defendant hul taken the farm, plaintiff went
over it with him, and gave him 'claim about ii. The
defendant's farm was about threeiqu.rters of • mile
trout plaintiff's mill, defendant was frequently there,
often had meals there, end was evidently courting the
daughter. This courting went on for some tone, and
ultimately the girl *as seduced. It was accomplished
tiortlvr these cireumattioces- Time defendant was abut
to leave one night and the plaintiffs drughter aocom-
panted bun to the door. They remained th-re some
little time, and the father and mother went upstairs to
bed. Uo rn Ms the defendant retutned to the sitting.
room with the girl, and there, under • prom,se of
marriage,seduos.l her. This was at the beginn ng of 1867.
Intetconrse to ,k place at different time* afterwards,
and on the 15th 'luminary, 1869, the girl was drlivered
of a male child. Six or setae months before this
event ale told defendant her guar, Mons as
to what was the matter, when be said "0 S that's all
nonsense," and advised her to go away • litil,, tim• for
°hangs of WU% She went to Chesiloorne for • week,
and, on returolog. again spoke to him about her condi.
tion, and silted what she warn ter do. He put h. r off
from time to time, always saying that he would act
ennourably. Thum he calmed tier fears, and prevented
her telling her parents. So it went on till the girl was
obliged to tell her mother. Defendant was at once
spoken to when he said " Have no fear, I'll act
honoureb yby your daughter." On the sth January
she eras confined. and the child wsa now living. After
this the defendant was constantly &eked wh.t he would
do, and they amid very well understand in • cane like
this 15a1 the great thing wet to wive exposure, and get
the man to marry the girl, and, up to • recent period.
he always aaio be would act heriourehly in the matter,
But months went on without the promise being fulfilled,
and the parents took no action, hoping against hope,
but, at last, being pressed on the subject, ho tattled
round and mid, "I shan't marry her, my relations will
ruin me if I do." - .

-
Mr. Lopes interposed sayieg this was not an action
for bruah of promise, but for lots of servime. Ins
very long experience hs had never heard such • alas
opened in that ea,.
Mr. Collins justified the course he wu pursuing as
brieging out tnn whole eireuns.tanoes of the eau, whien
were an important consideratinn. He went ou to say
that the defendant was &bun: 30 years of age, and the
plaintiff's daughter at the lime of the seduction
23 or 24. bhe took an active part in the business
of her father's mill, keeping the accounts, oollecting
tune;, and when be was unable to go to
. . .

merket attending for him, buying and plias secounta.
lino, het seduction she had been absolutely inc•puntaied
from rendering Om.* nervier*, and her father had
susteined setioos pecuniary loss. lie ebaracterised it
as deliberate heartless seduction, and one • hich, when
they considered the condition of life of the parties, the
miontuatemoes under which he mot &dual-ikon to the
noose. how he promised marriage from time to tune,
and under that guise took advantage of the girl, he
thought they wont i feel called for aubetantial damage..
Plaintiff aitid he entered upon his mill and farm ID
1859. His daughter was 26, on the 16th ol June Wit,
tad he also had a sou. Defendant was a "resp,etattle"
farnier—a "gentleman" farmer—be meant • man in
• good position. Defendant occupied Brad', farm, which
was about 500 saris. at the *dimmer of 1859 defend.
•nt wee about 'eking it. and came to ask him respecting
it. Soon alter he 'kilted at plaintiff's hon..e, and
remained on intimate terms with them. 10 1861
.lefenilant was living with Mr. Sherren, his aunt, at
Wareham, and was learning the inning business with
Idr. Lucas. Some years ago his daughter went Co
Wareham. she knew Hrs. &kerma, and met defendant.
VIOLCI 1864 7 defendant came to the mill two or
tree time.., week, sod always seemed particularly fond of
his daughter. He never cattle without sveing •nd talking
to ter, and often they went out together for a walk.
tie seemed no much attached to her as a man could
Ho thought they were lovers. This went on till
November' 14 m 68, when his wife told hi aomething,
end a fewdays after he went to defendant. Sherree
tsid that his (plaintiff's) wife had been talking it over
with him, bat mients was cross, end that spoilt the
. . .

. -
Mr. Lopez objected to all this being gone into.
Mr. Collie. seld be wanted to chow tbecircuinstanoes
attending the wee._ . .

Mr. Coombe said thia seduction was admitted, sad
via waa namely au action for loss of aervicea.
Mr. Collins urged that the circumstances under
which the .eduction was seeotnplieheel were evidence.
rr if a father wilfully put ht. &tighter in the way of
• man it would meterially aff-ca ench an action.

- _
Mr. Lopez objected tin evidence of that character
being received. end asked the Under-Sheriff to expre..
lie opinion on the matter.
Mr. Coombs said he tionsid-red evidence except
io il•in•ge sustained by the se tuction eree irrele.mo.
Mr. Collins said he tendered the evidence, bin friend
(11r. Lives) objected, and the Cnder-Sbetiff ruled
ig•inst him—hi. was unite oontent
Mr. Lopes did not exactly like that, and said he did
not go so far as to say the seduction <mild not be
proved, but that whatever the circumstance" w-re they
-null pot alter the amount of damage stPitained by
plaintiff. He believed he should be eonsolting the
interestn of his client by withdrawing his objection
rather than having to have it brought on elsewhere.
So the case went on.

Defeadeat said be could not
marry ay daughter, because his friends would ruin bim
if be married whilst in the Isle of Purbeck. I begged
defcndeut L tell me when the birth of tire Olt au
Likely to take place, as I maid aot aek say &aglow