The Express.
London, England, 1852-08-11 00:00:00

THE EXPRESS, WEDNESDAY EVENING, AUGUST 11, 1852.

ment in and about her mother's house, and boasted to his
friends that he would find a fortune in her fora wit.. A
grocer's business being to be disposed of in thu street
whore plaintiff lit; .1, anti knowing that she had formerly
been in a grocer's shop, the defendant promi,t d to tike it and I
proposed that she shuu'd go to an aunt to learn the con- ,
fectionery business. Things went on is this way until
January last. They were in the habit of walking out toge-
ther, and had actually engaged the bridesmaid. They pro-
posed to take a shop. visited their common friends, and all
looked upon the plaintiff as Livesey's intended wile. On
the 2nd January he Tinted her as usual, appointing to meet
her on the following day to pay a visit to some friends, and
from that day he never called upon heir again, nor furnished
any explanation why ho had discontinued his visit.. In
two months afterwards, to the astonishment and amaze
meta of both mother and daughter, he married another
person. The learned serjeant, after commenting upon the
abrupt manner in which the defendant had thought fit to
terminate the engagement, stated that he should prove it
was from a love of lucre. The explanation was this the
defendant met with the daughter of a retired licensed vic-
tualler, a man 'fluent end wealthy, and, having a high
regard for wealth, be broke his engagement with the plain-
, and in two months married his new acquaintance. The
ref
plaintiff's affections were blighted, and her prospects
darkened, and she came there to claim compensation for the
injury she had sustained.
Thu plaintiff's mother was then called, and corroborated
the statement made by Serjeant Wilkins.
Martha Scare, of Blackburn, formerly a companion of the
plaintiff, deposed to having been frequently in her company
when the defendant was present. On one occasion he took
them to Iloghton Tower, and observed to witness, " Well,
Martha, what do you think of our little 'llia and me for a
pair ?" Said they would do very well, and be must not
mind anybody's opinions if they were agreeable between
themselves. He remarked, " I think one chair will hold
us both." On Sunday night he came ne witness's father's i
house, and, calling her out, asked ber to be bridesmaid.
She asked when the day was to be, and he said all was
fixed but the day. Last saw them together on the second
Saturday in January last, when they both appeared as kind
as usual. . . .

Some other evidence we. called, and
Mr. °reread then addressed the jury for the defence,
contending that the promise wu only conditional, upon the
defendant's taking the shop spoken of. lie trusted, how-
ever, that should the jury give damages, they would be
merely of a nominal amount, considering the humble situa-
tion in life of the defendant, and the youth of the plaintiff.
The Judge having summed up, the jury returned • ver--
diet for the plaintiff.—Damages 501.
CRAWS RAW V. THE YORK AND NORTH MIDLAND
RAILWAY COMPANY.

This cue, which has been the subject of much litigation,
and in which en immense sum of money is involved, was
brought before the court this morning.
The learned counsel for the plaintiff, Mr. Watson, Q.C.,
stated, in answer to Mr. Justice Wightmao, that the trial
of the cause would occupy three weeks.
Ultimately it was arranged that a verdict for the plaintiff
should be consented to byMr. Atherton, Q.C., the counsel
fur the defendants, subject to a reference.

THE POLICE COURTS.
MANSION-HOUSE.
Mr. Thomas Woolley, of Cullum-street, Lime-street,
ship-agent, was summoned under the provisions of " The
Passengen' Act, 1849" (12 & 13 Vic., cap. 32, sec. 32), for
the return of a deposit of 101. 100, and for compensation
for breach of contract to convey Mr. 11. F. Bastard, of
Poetess, to Port Phillip, Australia, b the ship Prince Al-
fred, advertised to sail on the 7th of July last.
There were several emigrants present who were stated to
have similar complaints, and the case attracted • great deal
of curiosity, attributable, no doubt, in a great measure, to
the discreditable notoriety attached to the late emigration
inquiries before Sir IL W. Cedes.
The Lord Mayor presided during the examination.
Mr. Wontner appeared for the complainant, and stated
the facts as detailed in the following evidence.
Mr. 11. Joseph Bastard, of Poem, said—The com-
plainant, 11. F. Bastard, is my son. He was desirous of
proceeding to Australia; and in consequence of an adver-
tisement stating the ship Prime Alfred was to sail on the
7th of July for Port Phillip. I came to London on the 9th
of June, and applied next day at the office of Mr. Woolley
who informed me that the vessel would certainly start for
that destination on the 7th of July. We agreed for an en-
closed cabin, and !poi& ten guineas as the moiety of the
pomp memy, sad usteived from his clerk the following
the receipt of 101. 10,. deposit on
asariaLlr Wildramenomoy as intermediate passeeger
Ike . The balance 101. 10s. to
Cirg•id OD NM odor to sea n.-1 am, sir, your *be-
lles& enant, THOMAS WOOLLY.
N Tema about 7th of July."
What the money was paid and the receipt was given the
Vied "about" was not written in it, but immediately
afterwards one of the clerks asked me for the
receipt, and having altered it by putting the
word in, returned it to me. I then returned home.
We had everything ready for my son, who was living at
the time at Portsea with me. About this time an advertise-
ment appeared In the Times announcing an alteration in
the time of starting, and that the ship would sail on the
' 17th of July. On the 10th of July, however, Mr. Woolley
wrote to Mr. 11. F. Bastard that the vessel could not get
away till the 25th of July. On the 18th of July another
letter was received from Mr. Woolley, dated the preceding
day, and stating that the Prince Alfred would leave the
docks on the 30th of July. I sent my son to London on
the 28th of July, supposing that the vessel would assuredly
sail on the 30th. A further postponement till the bth of
August succeeded, and my son, after having been back-
wards and forwards two or three times, and after having
incurred great inconvenience and considerable expense,
determined not to go by the Prince Alfred, and sent a
notice to Mr. Wooley requiring the deposit, and offering to
accept 101. as a compromise for the inconvenience and ex-
pense incurred. It reply to that application Mr. Woolley
wrote • letter denying that my son held any contact from
him to sail on the ith of July, but offering to return the
deposit or pay detention money, which in conversation
be limits to one shilling • day from the day my son came
to London.
The Lord Mayor—What do you consider the expenses
incurred by your son to be
Witness—Between 101. and 151. I have been backwards
and forwards myself several times.
The Lord Mayor—Your expenses have Kathie/ bade with
his, and cannot be paid by the defendant.
Mr. Joseph W. Gull, a partner with Mk. Walley in
coaxial= with the ship Prince Al red, add that the erns
came Inward in their anxiety to sus the ammetaibilily
of the bites sad to phew that they had oat any
idea Unbend', ea do logo
to thriat. He eansielCure 1111=sde answer
wldilitheybed berm eemeimell re mom the Med Den
ties, whhl limited the dealing gee to Is. a day,
and ad emir the 72nd, wide!, if salmi aria be the case of
poloaaossente, woad subject the owners or
ebeelmem is feIESES expen e.aod prevent the possibility
of any prwieat awl respectablessYoe engaging in teenage•
tient of this kind, .Now le theveleast cases, the =
had, whatever adstit be the ftice of the complainant
sad hie harm Mensal weer to make liberal=
Maim emeeleeem et the is which had
pie @ding (tree rewelikeetta Mienlty of ending
.lemit Is Ladle% seeedate the need ter (be t het
=482/74.12er• g.eatkersexueeea dtimit tasesthe
bo om
do.
piiiralciftdi de &Madams AM bm& ft mei& se unfair
aertionerly as tbeeseeplehrist had refused
to by t e arbitration of Captain Lan, to whom Mr.
W was willing to refer the wholes( the circumstances.
The Lord Mayor—You hate hem pestponing from time
to lime When will yea le am* le re?
Ur. Gall—Taineesew aweekri.
Mr. Wontner said the vessel wee an yet finished. He
had witnesres present to prove that Ile cabins were not
yet completed, and that although the hid been advertised
to sail on the 7th July she could not poi* p before the
11th of August.
Mr. Gull said that everything wee ready, so far as the
owners, the charterers, and the crew were to bo considered
parties to :the preparation, but the fact he believed was
that the young gentleman (as had been the case with seve-
ral) began to get weary of the idea of departure front
England, and thought he might as well get a recompense
for hi. self-denial.
Mr. Wontner submitted that no dependence could be
placed upon persons who had so obviously violated good
faith. There were several respectable persons present who
had aa much reason to complain as his client, and who ob-
jected, aa his client objected, to the contingencies of a long
voyage, under the peculiar circumstances in which they
were placed. When out of England they might, they con-
jectured, he liable to be reminded of the disagreeable
measure of justice which they sought from those who could
exercise the retributive power at a distance, and in another
element.
Mr. T. H. Thompson—l am one of those who engaged a
passage on board. I ant a civil engineer, and I saw the ves-
sel lest night in the West India Dock,. I do not think
that in lees than 10 days she can bo made ready to go
comfortably upon the voyage. I do not believe that the
cabins are finished.
Mr. Gull—Captain Lean inspected the provisions on
Wednesday last, and we are perfectly ready to sail; and I
defy say one to say the cabins are not finished.
The Lord Mayor wished the complainants and the do-
feadaate could all come to en understanding, which would
render it unnecessary for him to interpose his judgment.
Perhaps, if the came were adjourned, the opportunity would
be taken to bring shout • satisfactory compromise.
Mr. Wontner said his client was most anxious for his
lordship's &deign, and hoped to obtain it that day. As
Mr. &ward knew that he must, after what had taken
place, be a marked man, he was not likely to commit him-
self to the teader aserciee of thew who might not only have
a The u-'z,power, tale sea M like a giant.
rd Mayor that, !.sling at the set of parka
meat in the partite/ter seethes Mimeo to, be was of opiuion
that the 32nd section ere mpUmbie to the case before him.
He by se means matibered that the defeadast bad com-
mitted the least inteat feed wrong.
Mr. Gull requested that the Lord Mayer weam, before
be mom to a deei.in apse a seatter of siedt vivo iimpet-
ow at the present time, allew the subject M he awned
Mime him by prof aseimal mee. It would, he amend hit
he late inifellifial for ship agents to aid is the
• are rale forward if the rupees
hay tepee nett= d Nash a dmeriptiee wee* le
eatedgerdi their
1 millmmt• Ymartrwildit Obi
misMees = sad mama
Me ee=ref Kee kleSfiNit • sad mama
arailleas deer him esuieraos.

Ms. Wontner said he naturally felt for tho effect of the
great delays which had already taken place upon his client,
whose mind tad been long in Australia, and who had
already bat in finagination incalculable amounts of g dd.
Mr. Woolley then said he would willingly pay tl.e day's
cap :uses upon the condition of thu postponement of the
judgment.
Sir Robert W. Carden expressed a sincere hope that the
appeal which he had a few days ago made to the benevolent
. public for contributions to aid the poor emigrants who had
been defrauded by the Australian Gold Alining and Emi
gration scheme would not be made in vain. The amount
already received did not exceed 110 guineas, which would go
but a little way in paymentof the expense of giving to them
and their families a passage to Australia, where they would
be most useful by their skill and industry, and the excellent
characters which every one of them possessed. lle trusted
that the public would not lose time in sending in their be•
nefactions to the Lord Mayor for the assistance of these
worthy poor fellows.