The Express.
London, England, 1853-11-25 00:00:00

PORI •Ilt. saws marr •14111011101.
IV SD,

The court .at for • abort time today, and got through the
reasaimimg ewe on the list. T►q were of no interest.

SHERIFFS COURT.-YLSTERDAY.
arrow, SAM EVINIULL. Mk" o.lrrr I .1:MI1,411111W/
It A PLESOK O. MOLL—BYLACII OP PlOlllBll.
_ .

This was a writ Ofii-aciurri for the ammunent of damages
in an salon brought in one of the superior courts to recover
oompensation for the breach of • marriage contract entered
into br the defendant with the plaintiff. Judgment had
been suffered to go by default, by which the defendant ad-
mitted that be made the promise and did not perform it.
The damages were laid at 2001.
Mr. Charnock app,ared ler the plaintiff, Mr. Parry on
behalf of the defendant.
The learned counsel, is opening the case, said the plain-
tiff, Fariny Maplesan, • young woman under age, sued
through flash Mapleson, as her next friend, to recover
damages for • breech of promise of marriage. The parties
were in a humble sphere of life—the plaintiff being a
domestic servant, sad the defendant managed • stationery
business for his father, in Great Roasell-street, Bloomsbury;
he was about 26 years of age, end therefore wee fully raison-
aible far the engagement be had made with the plaintiff. In
IWO, the plaiatiff was in the service of • gentleman named
in Bedford square, where her mother was engaged
as conk, and the defendant having become acquainted with
her, he, with the sanction of the mistress of the hawse and
her mother, regularly visited her, paid her ell the attentions
of • suitor, and professed the most honourable intentions.
At his suggestion she left Mr. Collies's service, and entered
that of a gentleman named Knight, in Charter-house-
square where the was continued, but a little
quarrel took plasm between them, the defendant being pia-
lass theist same young man in Ow hoses, sad diem tittle
Primate which they list :mired from sash other were re.

tumid, and the plaintiff left her situation. TEL of conies
was communicati d to her mother by the plaintiff, and sub-
sequentlyv on her meeting the defendant in the street, he
S
ppavery anxious to know where he could find the
pliinaft Er, but the mother refused to tell him any-
thing beyond the fact that she was in • good place
and was quite independent of him. The defendant
by some means (which did not transpire) found that she
was in • situation in Eaton Villas, Haventock-hill, and,
after • little conespoodence, their friendship was renewed,
and, the plaintiff having left her situation, went to reside
at the house of a Mn. Spicks, where he continued his
visits and objected to her going into seiv.ce again, and pro-
posed marriage. It was ged that the wedding should
take place on Michaelmasiday ; clothes, suitable for the
occasion, were provided ; the beans, by the direction of
the defendant, were put at St. Pancras church ; the sing
was bought, and • dinner for the occasion ordered;
sad • Brougham, to take the wedding party on a
short rural 'minim, was bespoke; but all to
no purpose. The defendant had a sister named Mn. Jack-
son, and she, the defendant, • Mrs. Wilson, and one or two
others who took en interest in the match, had some conver-
sation on the subject on the 2tlth, and then Mn. Jackson
did all she could to induce her brother to abandon the affair,
at least for the preen*, but he &Gelded then to the con-
trary, and said the marries* should take place. Mrs.
Jackson urged his utter west of means, as the reason
why he should not thew enter the matrimonial condition ;
Mill he persisted. but, at a lain period of the day, •
letter was handed to Mn. Wilms kit this *WI! in which
he totally broke off the en not totter was after-
wards burnt, but the eealeais Vas lo the hewing effect :
" Faany,-1 have taken the WOW fealMesmaiderauon, and '
I Bad that my parents will net ilemeentte the union, and I
have given up all the= of pea= my promise to-
morrow, ame mould ammo it, sod I hope
that you will Skit se mere about it. Ima no more
yours for ever, Willem MEM" (Loud laughter.) The
regalia( this was tint the *Miff had • violent fit, and
had these esseisnah settgest to them, although she had had
ezedisst health men this millereni elneannelemen. The
sett nursing, the nether, set Mowing wbotbsd warred,
went Is the ithorch, as she had been avitak Mt finding
that the party did not erns*, she hurried affN Spinks's,
and there assert fined the state of things. The defesdant's
father was in a Stashes in the Court of Common flew, as
well as a stationer, and It had been said that the defendant
had sac ovj••••••:••••• from on thusly van. had bees miscast
to the late Chief Jostles Tyndal. A lawyer's letter was
sent to the defendant, demanding reparation for his breach
of the engagement, but it was treated with silence. Hence
these proceedings.
The plaintiff's mother was the first witness called. She
bore out the above statement of facts so far as they related
to her. She was the widow of • hackney coach proprietor,
and was left twelve years ago with Lis children to main-
tain. She always thought the plaintiff and defendant were
much attached to melt other, and that the defendant was a
very respethable young man. She met him on me occasion
in fotteshemoourt-road, and asked him if he was well
aware of what he was about, and whether he was doing
right? When he said he could keep a wife comfortable,
that his parents did not know what be was about to do,
and that if they refused to receive his wife, he could him-
self provide • hone for her. On another occasion, after
the rupture, he said it was all his mother's doing, as she
told him that if he married then, she would never look
apes him again. Witness considered him • weak-minded
yaw max after this. (A laugh.)
Mrs. Spinks and Mrs. Wilson gave evidence. It ap-
peared that after the plaintiff got the note break' ag the en-
pgement, she expressed a wish that Mrs. Wilson (who said
she had always taken • warm, friendly interest in her lo•
half), might have all the caress of hell fall upon her head,
and that the and Mn. Jackson were two-faced b—h's,
whom she would make repent of what had occurred. Mr.
Wilson was to have acted as father at the wedding, but he
had dace died. The plaintiff's mother attributed this to
his taking the defendant's conduct so mach to heart. (A
laugh.)
Evidence of the fits having been given,
Mr. Parry addressed the jury. He thought this an
advised proceeding, as they might as well have brought an ,
action against a anion house pauper, for not one farthing '
could they ever get from the defendant, who had no means
of his owe whatever. That there had been • promise and
• brevet el it meld not be denied, but the plaintiff should
ban siegetil Mn. Jackson's entreaties and allowed the
sientego M stand over until the defendant was in poems-
sits of Mims to keep a wife. These actions were often
Meg* to obtain redress for a great wrong, but what
=bad this plaintiff mestained ? It was far from ha-
that if the jury gave seminal damages, the marriage
might yet take place, if these young folko were so very fond
of each other—it was only • postponement which was at
first proposed, not a anal refusal, and had that proposal
been accepted the marriage by this time might have taken
place. He commented on all the facts and asked the jury
to give the senallostdamages.
the jury amused the amount at 2SI.

COURT OF

Ilf AZ J.

r.-.-YEiTEEDAT.

VII IMAM.
f V DONIX T.

In this case, bawd a week dace, and fully reported in
the Daily News at the time, his Honour to-day gave
judgment.
His Honour said—This was an application he the bank-
rupt's certificate. On the pert of the assignees it was
objected that the bankrupt was insolvent on the 12th
November. 1862, and that he ought not to have carried on
business; secondly, that his szponditure was excessive;
thirdly, that after he bad received notice from the trustees
of his wife (who had a warrant of attorney fr. a the bank-
rupt for the sum of 290/., and intimating that they would
enforce it), he bought tarp quantities of goods ; fourthly,
that he had caused his goods to be taken in execution.
With regard to the first objection, it appears to me that as
the debt due to the wife wee the apparent cause of the in
solvency. he was not to blame for carrying on the business ;
he might consider it capital. I am of opinion that the
'speedsters was not justifiable. I am also of
opinion that the bankrupt was highly culpable
in buying, or allowing goods to be bought after
the receiving the notice from the trustees. The
excuse offered for this conduct appears to be that the
bankrupt allowed his wife and a clerk to conduct his busi-
ness, aad thst hit mareely interfered. If this be true, it
only makes his madoet more culpable. What right sate a
trader have to tam on lumiasss and totally neglect it ?
Whether the bankrupt was of causing his goods to be
takes ia samelkotiwhialt teal his property) is doubtful,
isleemelh ea beth MEOW sat his wife declare that he was
net farina! of die illemdim to do ea But there is ao
doubt my mind BSI tba bankrupt mad most improperly
in the matter. It IPSO W duty after soasioiag the notice
from the trustees to have Maid Na medlemis weather and
stated the eisoanothommo to thimm; boa be nos 'My did not
do so, bet dew the mossatlea was beised, he gave the
trustees all this support in his paw, sod did not as he
ought to hove dies, make kimsalf • bankrupt. On
the whets Nee lt wow to me Blot tho bankrupt has acted
with grail fraflapairar. Nei I eta Oh arbitrate for ose
year, to bo "Mind pteteeties he dm wee& The amid-
ate whom geaaad to he of the tided dam
Mr. Feed appeared for the esipees ; Kr. Lisklater for
the bankrupt.

INSOLVENT DEBTORS COURT.-YErfERDAT.

MOIll MIL 0012111•111101 In /1111111.6.
IN TER MATTIS OF 1110112 RICERS.

This insolvent, who described himself as a classical tutor,
waaszspond by Mr. Dames ou the part of • young lady
s Hartcup.
The point raiwd in the ease wu that a debt had bees in-
curred under false pretence, and the eircarnstances were of
a novel character. It appeared that the insolvent, who is
uncle to Miss Hance'', • governess, had obtained 1001. from
her on his promise that be would emigrate to America, the
family wishing his absence, and that they might not be an-
, soya. He did not go, but wanted an addiuonal 601. He
was sued, and was now in prison at her nit. The mother
of Miss Hartesp (sister of the insolvent) wu • small me-
i ditor in the schedule, which debt, with the exception of •
few shillings, was all he owed. Three letters written by
the insolvent to Miss /Wimp were read, urging upon her
to send him the money, and he would go 16,000 miles ; and
in one of them he said if she did not send, he would
muse to the brolly in Kent, where she was governess,
sad get as answer la person. This letter, it was said,
frightened the young lady, and the money was advanced.
It was elicited from the insolvent that be had been in-
dicted for st elialta mat, and alleged that he could not say
whether he had three er six months' imprisonment for it.
He denied that he was • begging letter writer. He ad-
mitted that be bad written to the Duke of Cambridge as the
eon of an old dicer and Military Knight of Windsor, and
the duke had assisted him. He had also written to Prince
Albert, and his royal highness had sent him 101.
The insolvent's sister, the mother of Miss Hartcup, was
examined, and the insolvent denied in general terms the
evidenos she gore.
Mr. Duman asked for • judgment for contracting a debt
by false preteaces--promising to go to Australia or under
the disentionary clause. The insolvent had been a great
annoyance to Miss Hartcup and bra smother, and it was
hoped that he would be prevented annoying them for some
time.

The insolvent alleged that the money wu offered to him
—that the offer emanated from his niece. He denied that
his letters contained threats to the young lady or her
mother.

----iir:i.:onscnissionsr. Phillips held that the complaint of
contracting a debt by false pretences could not be esta-
blished. The pruniu to do a thing in future could not be
such a false preten.e ►o to sustain an indictment ; and if
that was the cue, he should hold that it could not be esta-
blished in this court. it was quite another consideration
whether the case dad not come within the discretionary
clause. . _ _

In answer to the learned Commissioner, Mr. Duncan said
Miss Hartcap might lose her situation if required to attend.
Mr. Commissioner l'hillipe said that if that was the ease,
he should not require het attendance. He felt a good deal
for the young lady.
The insolvent repeated his statement, that the offer of the
money emanated from his niece. He wanted it to buy up
some debts, and it was six months before he got it, and it
was then too late for the purchase he intended.
Ilia Honour gave his opinionna the case Ile regarded
it as one for the application of the discretionary clause
There wee a threat in one of the letters that he would cell
where she was engaged, and she advanced lOW., one year
of her earnings. From the manner in which he had con.
ducted himself it was quite clear his presence was not to be
desired, and from what they had seen in court he did not
wonder at it. What could thought of the sensibility of
a mace who could not tell whether he had been in prison
three or six months on a conviction for a criminal charge ?
The insolvent was adjudged to six months' impriaonment—
the full extent of the diuretionag clause.