The Express.
London, England, 1864-12-19 00:00:00

COURT OF EXCHEQUER.—Dsc. 17.

After Term Nisi Prins Sittings et Guildhsll.—{Before
Lord Chief Bono Pollock and Common Juries.)

AARONB V. BADLEB.-BRACH OF FROMM OF MARILLLGE.

Thu was an action to recover damages for breach of pro-
mise of marriage.

The defendalt pleaded not guilty.
Mr. Hawkins, Q.C., Mr. Robinson, sad Mr. Henry James
were counsel for the plaintiff ; and Mr. Hesse, Q.C., and
Mr. T. Salter for the defendant.

It appeared from the opening of Mr. Hawkins that Julia
Aaroos, the plaintiff, was 17 years of age, and the daughter
of Julius Aaron., hoot and shoe maker, carrying oo business
at M, New-road, Whitecbapel ; and the defendant, Thomas
Sadler, a young man, kept the Duke of Gloucester Tavern,
immediately opposite the fatber's shop. The action was
brought for breach of promise of marriage. The intimacy
between the parties began in 1862, and the defendant pro-
fessed great attachment for her. In the early part of this
year the defendant succeeded in seducing the plaintiff under
a promise of marriage, mid she was now with child by him.
When the parents ascertained her situatioo they commu-
nicated with the defendant, and he then promised to marry
her on the 20th of October last. Preparations were made
for the marriage, but the defendant postponed it until •
subsequent day. He however did not total his promise,
►nd the result was the present action. The promise was
not disputed, and the only question was the amount of
damages. The defendant possessed • good deal of money,
and had himself stated that he made 5704 • year by his
business.

Mr. Keane addressed tie jury for the defence. He said
that according to the evidence the defendant bad never
refused to marry the girl, and if the conduct of her parents;
or of herself was the reason why she was nut married, the
defendant ought not to be called upon to pay damage. on
the day before that fixed for the marriage. The defendant
received the lawyr's lett.r threatening action for breach
of promise and seduction, and immediately afterwards the
writs were leaned. The natural conduct of a young man under
such circumstances was to break off the connexion.
Not only bad be these actions against him, but he was
arrested at the instance of the father at his own public-
house in midday, the result being that his creditors came
down upon him and swept away everything he had in the
world, and reduced him to his previous condition as a bar-
man. If the plaintiff or her parents had listened to reason.
the girl would have been married and her husband would
have been still carrying on business as • publican. bet from
their conduct he was not now in a position to support •
wife, and had no means whatever of paying any damages..
The only effect of the jury giving damages would be to
throw hum into prison.
Evidence was then given to show that the defendant in-
tended to merry the girl until he received the lawyer's
letter, and th.it, in order to go into the links cf (acme's-
ter public-house, he borrowed money f rem the brewer and
the distiller, and alto from his sister. It was also stated that
the defendant did not wish the marriage to take place until
his barmen, who was ill, returned, and that he did nut
return until the evening of the arrest.
. . '

The jury found • verdict for the plauntiff—damages 50W.

COURT OF PROBATE AND DIVORCE.
Drc. 17.
(Before the Judge Ordinary.)
CIiETWINI) V. CHETUYND.

After our report left on Saturday,
Mary Jane Smyth examiued, ssid—l went as servant at
Loogdon.hall on the4th of March,:lsil2 ; and !stayed tall the
IStb of December, 154,2. After 1 bad left I received a umber
of letters from Mr. Chetwynd. (A large bundle of them were
put in, some of which had been reed by Mr. Karelake M his
opening arieech. They were couched is the grossest language.]
I received those letterset Surbitou, at Brighton, in Loudon,
at Birmingham, and et Winchester. Jane Newport came
and stayed with rue at Surbiton for • week. I re.
member going with Ler on the 2rith of June, h 63,
to see her off be the London and North West.
ern Railway. Ou that day I saw Mr. Chetwynd
outside a public-Donee on Westminster-bridge, between four
and five o'clock, and I went with him first to Blackheath
and then to Lewisham. We went to an hotel there and I
slept in the same room with Mr. Chetwynd. In Decemberl
I went to my friends at Birmingham, and I afterwards re-
turned to Longdon.hall as a servant. That was oo the 12th
of December. On the 24th I bad a quarrel with Mr.
Chetwynd, and left. Mrs. Chetwrod was not at that
time at home. I then went to Winchester. In Feb-
ruary Mrs. Chetwynd came to see me there. She risked
me why I had left so abruptly, and I gave her the letters.
When I was at Lingdon in lifti2, Mr. Chetwyud kissed me
several times. I slept in the pantry room, which is next
to his dressing-room. Between four and five one morning
in the summer he came into my room and got into my bed.
Nothing, however, happened, bee one I resisted.
eras...examined—l have been living in service at Min.
' burgh, and when I have done with this trial I shall ascer-
tain whether I am to go lack, but I don't think I shall do
so. I came to Loudon on Hondas' last, and I have
being staying with Mra Chetwynd, at Miss Booth's, in Bur-
-1111(Mo-road. Ido not occupy the same sittieg-room or dine
with her. I have seen Mr. Mathews at Longdon.halL I saw
him once in his bedroom, where it was my duty to wait on
him. there being no man servant. I afterwards saw him
breakfasting with Mrs. Chetwynd. Once I heard her in his
bedroom. I had Teen up to take him some Lot
water, and I heard Mrs. Chetwynd in his room,
speaking loudly, mid as if angry. I understood that
she had gone in to fetch out the little girl Florence.
It did not strike me that her going into his room was any-
thing very remarkable. Mr. Mathews gave me half •
sovereign when he left. I think he had leen two or three
days ; but I cannot nay whether it was not only one day. I
did not think half • sovereign too ruuch.considering the extra
work his visit had caused me. He did not tell me to say
nothing about my mistress having been in his /troth. I will
swear that; but i cannot swear that I might not have said
he did. I cannot recollect wit log anythrog of the kind. He
only desired me not to carry his heavy portmanteau without
assistance. There was dissatisfaction in the house at my
receiving the money from him.
The court then adjourned.

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—MAILwroNE, DEC. 17.

Edward William Staples, 23, and James Tarns, .6, two
respectable•hxddeg emu, were charged will the
wilful murder of Caleb Fuher.

Mr. Addison couilucted the prosecution. The prisoners
were defended by Mr. Itibtou.
The facts of this cuss (whizh arose out of a public-house
dispute) will be fresh in the recollection of the public, as
they have been reported very recently in the proceedings
before the magistrate:4ml the coroner. Dm, prisoners wens ouly
committal by the former upon a chorus of niaoslaughter,
but the coroner's jury returned a verdict of wilful murder,
aed the grand jury returned a true bill for the more serious
_ .

The jury found the prisoners Guilty of manslaughter. but
recotumeeded them to mercy ou aocount of the circum-
stances moles .Lich the crime srms committed. _

Baron Channel', after commeutiug upon the brutal cha-
racter of the (deuce of which the pruiouers bad been coo-
•icted, said that, uotwithstaudiag the recoodileudatiou of
the jury, he felt it his duty to pass a severe seutesoe,
which was, that they be kept hi penal servitude fur lire
)4112‘.

NORTHERN ClRCElT.—Livektrooz, DEC. 17.
Cows COCRT.-113.fore Mr. Justice Mellor.)
Henry Itsw,-11 (32), sod Thomas Lihd.,l, (27), were in-
dicted for the wilful minder of Thomas ll'Carthy, at Liver-
pool, on the 3rd instant.
, The prisoners and the deceased were all connected
with houses of ill-lame. On the night of the murder
the deceased, accompanied by Mary Roberts, the
servant at the brothel where he lived. went to a public.
house at the corner of Crumputreet. Here they found the
woman with whom M'Carthy cohabited, and after remain.
log a little time they went to another public-house where
they saw the prisoners. Lindou offered the deceased a glum
of ale, which the latter drank, and afterwards the
prisoners left the house. R3herts also want out almost im-
mediately, and saw Linden beckoning the deceased. She
observed all three talking together fur about five minutes,
and then saw Brown take a pistol from his pocket and thrust
it into M'Cartby's eye. The deceased fell, sod Undo., who
was standing by, kicked him in the side when he was lying
upon the nrouod. The prisoners then lifted him up, and
Brown again struck M'Carthy in the eye with the pistol.
The deceased again fell, and Ina again kicked as he lay by
Lindoo. Roberta heart Brown exclaim to Linden (who
wore a heavy pair of boots), " Kill the —" So far as
Roberta saw, the deceased had Riven no provocation.
Another witness (Mary Ann Cotteril) corroborated
' Roberta as to the striking with the piatol, and
said that the deceased was quarrelling with a woman
with whom Linde° cohabited. The deceased was assisted
, home, and thence taken to the Southern Hospital, where he
, died is • few days. A poet-modem examination disclosed
the feet that death bad been caused by iotlimmation of
• the brain, caused by a severe wound on the lett eye, such as
' the barrel of a pistol would cause.
' Mr. Cottiaahain in addressing the jury for the defence,
dwelt upon the absence of that malice aforethought which
• was oeceseary to coutitute the crime of murder, sod urged
. that the evidence in support of manslaughter was unreliable
as soonest of the character of the wanner.