The Express.
London, England, 1851-02-22 00:00:00

THE EXPRESS, SATURDAY EVENING, FEBRUARY 22. 1851.

ILittu intelligence.
COURT OF QUEEN'S BENCH-YESTF-lIDAY.
Sons., or Na
Pairs as ticioloi..L. litho. laluau
CAllinal.l. *ND ..,cub 'lfni...
BUSSELL T. DENNOI.-Acrtott FOR BREACH or PRO-
HISS or MAIMIACHL
, Sir F. Thesiger, Q.C., and Mr. Montague Smith were
'',counsel for the plaintiff; and Mr. Montagu Chambers,
(LC., and Mr. Taped represented the defendant.
This am an action brought by an attorney as the next
' friend of his daughter, who was under age, to recover corn-
ipensation in damages for breach of promise of marriage, i
Sir F. Thesiger, in opening the case, said that actions of
this description were never commenced without great nr-
, lactanoe, and without strong feelings existing in the minds
lof those by whom the plaintiff was influenced, that an in-
, eeitable necessity existed for making such a delicate
question the subject of public inquiry. But, in order to
obtain reparation for a very serious injury, and to prevent
any imputation being cast upon !dim Bianchi's character
in respect of this matter, her friends had deemed it neces-
siu7 to brine the present action. lie (Sir F. Thesiger)
would not endeavour to exaggerate the facts of the present
can against the defendant, or to give greater effect to them
than they really warranted. It would be enough for him,
in the discharge of his duty, to give simply a narrative of the
circumstances of this ease. The real pkuntiff in this action
was a young lady in her twenty-first year. and was
'the daughter of a Mr. Busse% who for many years prac-
tised as a solicitor at Exeter, who had recently fallen into
difficulties, having become involved by building specula-
tions, and thus reduced in circumstances. He had formerly
lived in a large house, but owing to the alteration in his
position had removed to a smaller house. The alteration in
• r. Himself* circumstances led to an arrangement by
which his daughter (Mine Bowen) went to take up her re-
sidence with • Mrs. Law, at Newport, near Barnstaple,
Mrs. Law being a cousin of 'Miss Buseell'a. The defendant
in the present action won a solicitor, in partnership with
Mr. Green, in Austin-friars ; and at the time he made Miss
Bussdll an offer of marriage was in the possession, as he was
now, of between 1,1001. and 1;2001. a year entirely inde-
pendent of his profession. The defendant and Mine Brinell
first became acquainted in the year 1848, having met at pub-
lic places and at balls and evening parties in Barnstaple. It
appeared that the defendant took every importunity of
allowing his preference for the plaintiff when he met leer.
With the exception of meeting in public, these parties did
not meet iu the presence of their relatives until 1850, when
the plaintiff met him at the residence of her cousin, Mrs.
Law; they met at • party. The defendant paid Miss,
Busall the most marked attention; and whenever she
walked out he threw himself in her way, and accompanied
her and a relation of her's, a Miss Demai, in their walks.
At this time the defendant wan not acquainted with Mrs.
_ ..
Law, nor was he ever inside her house until a slight accident
HUNTING APPOINTMENTS. which occurred to his sister was the means of his ',canine
Tier Mairste's stag bounds. herders New Ledge; Fridays be* there. On the 17th of October last, whilst riding out with
Ilratt-at IL his sister, that lady was thrown from her horse opposite the
Lod'oss hound', Tuesday, Hope Bard ; Friday, Onibary-at 10. door of Mrs. Law's residence. She was taken into the
Mr. A. Salth's hounds, Mead y, Gawky ails! ; Temday, Dare house, -
Hid; Wednesday, w mewed wood; yttreley, anew, weed; se. and the defendant also went in with her. The iseei-
iarday, Raabe Court. dent being a very alight one, the defendant sent fur his
Mon stas hounds Tuesday, Falkland : Friday, Mellon's-at 11. phaeton, in which he drove out the plaintiff, his sister, and
lionirmina teseda, Tuesday, Renee Tillage; raturalay, Olttoallsll
-41 a matter toll. her cousin, Miss Demai. Upon the following day Mies
Demai and the plaintiff went to the house of Mrs.
Mr. '''' 1"'"... b"aa*M"dan EMS W" Thursday, 1"E" Dennis to in • ft the defendant's sister, and found
quire a cr
Park ; Saturday, Bolleaton Hall- at • nastier to 11.
hen ..rd h”masis, tbaday, Kamm.; Tasts.y. Norm Gas; oat. that she had met with no injury. On the 19th of October
VS ewes; Saturday. Therapy Park-al Imaltume 10. the defendant was invited to Mrs. Law's house to tea.
Mr. Loallsy'a bounds,. edeid.Y. Plaahaley Vann,: Tueselay. 'lbis wan on a Saturday, and on Monday, the 21st, he called
Blythe Law Had; Inseeday. dew"; Mises South wheeder-at San upon Mrs. Law, and saw that lady alone. Ile then said to
past 10. • her, " Perhar Mrs. Law, you are aware of the purport of
skit. Sutton's bear do, Monday. litow; Tarsier, Bunny yd.
14. ; a e.l.(aetey, Noway. mil', •rhej. Aimee., &deed", my visit; an( a now beg to ask you whether you approve
V. anuaby Stomp,
11. of my toying my addresses to, and forming an engagement
Dukc et teniesees hounao, Monday. Piper Bole; Tuesday, Great with, bliss Bused' i " Mrs. ow replied that she tilt it her
Goomby ; Friday, Aswarby hat -at kalbpest 10.- duty to tell the defendant that Miss Busi.etl had no fortune,
Lard Henry besedtieed'ek.ae nditeads'„„eli‘asda,,Y• ,Ne.,,,nna..,,d Common;
~.,,. „.eTnen; nor was ever likely to have ; for although her father had
"[ride,- --y, wraeabUy ; -iir.a-MAiiy,-1-13--epase'r-s-i_et'll:-''' --s- ' once been • man of ii operty, he had entered into building
Lard kkho's hounds, Monday, Ilderton; Wednesday, Lonvidge; speculations, which hriel nearly ruined him. To this re-
Friday, EMI; Saturday, Bevick-at half pail 10. mark the defendant replied, " ()h yes, I never meant to
Newcadie and Inombead harrier., Asada), Verwick Hall; Friday, ask any questions about 'ilr. Russell's affairs, nor do I
Gesenelds-at a denier to know them. I have enough for both of us; and I
1101.11 knows, Monday, Mitten tiers; Friday, Bleak Ficddon-
at • •
Hidden
10.
hounda, Wednesday, Langley Tatar ; Saturday, Eking. It am
.now in a position to encourage my affection for Miss'
which I never was before." Mrs. Law then said, I
Isii-lat 9. "As I have told you that Miss Burnell will have no
MINI Mb barmier*. Tuesday. Herder Wool; Friday, 1-0116barele1 money, we will nut say anything more about money,
Maar -at half-past 10. matters, and any settlement that vou may wish to nuke
Durb." musty bounds, limday, dnagnid ; Wednesday, Baentan, you consultsolicitor ato t'' Mrs. Law then I
can your awn u .
Mb* Grad maintoo -at half-pent 10.
beam and Mianshana 11,,rekas, nereley, gheeetee_et hew added, "Although you will have no money with Mies Bus-
Apast IC sell,you will have a most amiable and high principled girl,
Ilbee Dace hound., Tuesday, Cattle, Glue; Thursday blethers- and descended from one of the oldest families in the county
MI Tows; liaturetm, Braaten Green Man-at half.pma M. of Devon." Mr. Dennis then said that he had taken a
Mr. CatiT,re• Isom,* Monday, Bachawm; "Tbarso.7. Myles. I Roues at Bradford, near Barnstaple, which he was having
Saturday, align Itoulaing street-at hall-psi 10. papered and painted, and intended to have it furnished-,
*meth tie: houala, Tuesslay, Mamba- at half•past 10.
Baez and sage& hound., Tuesday, West Bagholt White Hart; and he had taken Milks Illissoll to see it, who expressed
psnaueristea-at haltpaa 10. herself satisfied with it. Mrs. Law then aid to the defer-'
hounds, Tuesday, Walaham Had; Thursday, Bradley Park; dant that she hoped he would not take this step without
I Saturday, Patentee= Street. at a quarter to 11. due deliberation on its importance. The defendant replied
11111suonh hounds, Tsenlay. No ton Village; Thursday, Askern ; o I never take any step a ithout mature deliberation." On
Ilsearday, slaw-at halbpast W. the tend of October the defendant wrote to the father of
end Yarboreasgh's bounds, Monday, Feisty Wood; ,
lialmanny Clump; Saturday, :Divalent Lodge-at 11. the plaintiff, asking his consent to the marriage. The
lir Tatum riMea's hounds, Monday, lieuringto• Demon; Wed. learned counsel here read the letter. On the 2.ith he
maday, idadrlntfry Gate; Friday, Thorpe Home-at bait pat 10. received an answer, in which Mr. Bus:sell stated that not
Cottemoon hounds, Monday, North Witham; Tuesday, elleateal having the pleasure of knowing the defendant, before
Thursday. Canby; Saturday, Leeratiorpe-at 11. giving his consent he had thought it right to make inquiries
TiesaaantAri "hl7l/I"'rata.y., ill'uu6hdly mtekr"....ll'oB.lwa" (lane" Wednesday' respecting him in Barnstaple, and the result of those
Ma. Heiliee's hound. Itmday, larsekenherough Bar; Tuesday. inquiries Was that he learned that the defendant was
Waterloo Anal; Tourilay, Legsby ; Saturday, Welton Wood-st It. in every way worthy of his daughter, and although
Ataerame hound-, Holiday, Bmworth , %Veda..., hy, No Man's the lom would be gnat to him, he trusted the gain would
Heald; Friday, lanmell Dan; Saturday, Belisidow- at It. be greater to the defendant. The learned counsel then
weusluterenwv hos,,,,es Monday, Ilse Cline?: serdssadaYs Ma* proceeded to state that Mrs. Dennis, the mother of the de-
Mesas ; 1 runty, EramendgeSommen-et half.; sat 10.
Uplon harmers, Tuesday, Man Sauk, Welland-at hair.past 10. fondant, had given her consent to the union, add fully ap-1
llortveshire hotudie, Tuesday, Ltedenhill; Irlibsy, Ullingswtek- proved of Miss Mesa. The day for the wedding was
at half-past 10. fixed, the wedding dress ordered. However, about the 7th
Ledbury Iseuade, MondaY, Wall 11111; Friday, Bethel Pit Turnpike. or Bth of November, the manner of the defendant towards
ntiruesaure hounds, /Away, Croon Mill; Thursday, Acton Burnett the plaintiff entirely altered, and he ceased to visit Mrs.
Might.. 'lsmer., Mende,. retch= ) Weduesdey, ase "'um; Law's house altogether. This had such an effect upon Miss
&tunny, Dyke.
Itramade harrier; Monday, Newmarket Hill ; Thursday, Tan- Bussell's spirits that and. Law sent her t. • the house of the
curbs eye-st hislf.past 10. Rev. Mr. Chichester, at Chipping-Hammon, near Barn.:
Creaky and Humes.= hounds, Monday, Pound Hill; Wednesday, staple, to see if change of air would restore her spirits. Oa
Malls Unto; Friday, Ilayer..rd'a Mesta-at • quarter to 11. her arrival at Mr. Chichester's, that gentleman thought
a"")" h`" '.• M' may, Abbott's Wand, nidaYs The na" that she woo in such a state of mind that he wrote to the'
Altristaa-at hall. punt 10. defendant calling upon him to declare what his intentions
Mr. Yarquhara.n. a Mamas Monday, Hardy Monument; Tuesday
'NM SLGalataa. ' were. That pnaluced a reply from the defendant, and he
ll.V.ht, 1 maday Boeklaad knoll; Friday, Copse HousCater LIAO Pent • letter tO Miss IMPOWII, in which although be
NO Wood-atlali.pst 11. expressed his willingness to marry her he intimated that
Jassia "ad isesfees wes,ntwiel. Fsrlcidb Wash; Samidsh am& such a union would produce nothing but unhappiness. The
MO unman -at ma-pan it.• plaintiff then wrote to the defendant, saving that she had
Ma. Luslimitaa'a Masada Monday, toast:each; Tbunday, Rd'
Ashman ; e,ee, &buy,, liely.,,e,.eeeee en the yeeeeee. .1 placed the matter in the bands of her friends, and one of
Ashford road. -at 11. them, Mr. Law, was consulted upon the matter, in whom
Moniumalakan houndas Monday, Heamouth Cap; Thursdsy, offieethe defendant bad formerly been as clerk. That gen-
Orsig 11111. tleman wrote in a friendly way to Mr. Dennis, cal
Branham Meet hounds, Mender. Paternal; Wens lay, ,Praffoithi upon him to carry into effect his promise to Wu Bu
Friday. Must a; saturday, P ol -at half.past 10.
in/. of Bee,,Leve be.* mLeei.70,..„.4 um; wid,edo, and informing him that if he did nut do so an action wool
Osictsgton Village • Sammy, Manton. ' be commenee el against him, The learned counsel hem
Mr. AMertua's lag howdy, Tuesday, Eicataa-liall; Thursday, went on to describe the result of several interviews which
Earth Hall; Sataree&Rigny Arms. (Hanalei -at ii. took place between Mr. Law and Mr. Green, who acted
al.11601"11106.11. T 10.1,1.• linentlestwes: Tharsdar. BailanagM fur Mr. Dennis, on the subject, and stated that after se-
Mise=gbeinehreinate -at tistr.prst to. veral interviews the result was that the defendant pad-
oL b..l* Wasiay, barked; WedneadaY'lle'lenad; tively refused to marry the plaintiff. In the course of those
rrkbe.=ll-qg h .If.taot 10.
MUD" Monday, Dew. weediiejlie), my,. interviews Mr. Green had said if an action was brought
akywallis-st N. Miss Busiell and her family must prepare them-
Inishirillionnise Maiday, Moth's obelisk; 'rummy, Alraalay; selves for a severe scrutiny!. Ile (Sir F. Thmi-
Ikanday, MAW Third; nations,. Masten -at Isay.tast 10. ger), on the port of the plaintiff, fearlessly challenged
(raves 110=1% 101/0007. ren•wwwl; W 10,014•7, onssiLiy ; Trir- the defendant to a scrutiny of his client's character,
driesicarmtag Welltwoorowle-st Ina-pest 10.
ge,,,4„,. the meek" Mow; Tee,ease, Bi_ which was pure and excellent, who was more than worthy
worm Imago; tteurejey, et,,,e50,..0,„,,.._ it bkifp,it ig. to be the wife of such a man as he was. With regard to the
Hemliedas hosed.. )11..asay, chillies; Wedgesday, seratusele amount of damages, the defendant was a person of property,
Mash;Fetls7, w'inter's Hill Costive-at • quarter to 11. his father hosing left 80,0001., the defendant hissing the lab I
HAL. iry Golden Pot; Tamely'. AWanstone Lbws; Thom interest of 17,0001., a legacy of 5,0001., and landed property. deg Mem Church; nenntay, windmill ibll -at a quarter to It. lie wee' therefore, a person able to pay large damages, tad
lamp (Lem) italesrole's) bona* Wed .he Great Tew; W.
Breed , vneey. ree,,,e, i seteee,„ weeley_e, ult. he (Sir F. Theo,* erii submitted that it WM a Cade in whit*
2:01V ample damages oug t •
to be awarded.
Illskaserese Mends. Monday. ermatley; Iteaday. Kilnwick Percy; In the course of his address the learned counsel rend is
llbureday. amodeseunon ; Mislay, Saurian New Inn-at a quarter the jury the A arioua letters which had passed between the
es 11. different parties who had been concerned in the case.
Henley (Mr. G. Wall's) bounds, Monday, Fall Down; Friday, Dog The above facts basing been fully proved by witnesses,
End Dant -at a quarter to I I.
lissi Pat bounds, lue day, Breedi Dawn; Friday, Harlan Pert Mr. Chambers addressed the jury for the defendant,'
bah-past W. and said that he laboured under a difficulty in this case, he-
MS.Lench hounds, Monday, stones Lake; Friday, Greedily House cause he had to oppose himself to all the gentlemanly sem.
sat Idipast lc. pathies and honourable feelings of the jury. The learned euun-
Isla losnmosee henna% Tumbie, Denter's End; SatliedaY, Ley sel then proceeded to advert to the facts connected with the
11111 Common-at IL
Mr courtship between the parties, and went on to Say that he
ss suss Migilas: h"°4 MuDday, gaid; Thursday' Cid"er " thought the letter which had been written by the defendant
Mr. &My lowedeeshenede, Weft limp Ism (an the London. did not deserve the appellation of cruel, crafty, and heart-
end M Welir...l_)• W==sallkiersese,_
./fasinel-et It. less, which had been applied to it by Sir F. Thesiger.
N. F. IL, 1111Whe / 71110110111, Ileslo.llli. When a party, as was the ease in the present instance,
nmswilay, Iliamm-al r . found his fedings changed towards an individunl and that
Pk' 111.1"..11 h.."' 116.61.• Fox and l'lslnda Inn; 72"."dAy° there Ives wanting in his breast those feeling* which could
Ilmaima Oesas (sow lieettOssw)-at 10.
Oil* howses, Monday, out Yaw; itecasp. payee's (yeg , only make the married life happy, he was bound to inform
Awash Calwatid; Ibris~Oaltap-at a wow lo 11. the other parts of the change in his feelings. 'What did
Ms. Maga assais,/, 1111.1.111 Past; Friday, Holton the defendant*do ? Why, he said that in taking the plaintiff
Um Plaa-at Imlipatt la as a partner for life he could not make her happy,
Ferhew^ ileediffi Bash'n."°ek. llreaaYi erkk; however much he might respect her. Ile said to
reettiell; llammiam IshOettoit-st awe* Is IL
...,.........braj..m..4., p,...., wid..d. the plaintiff, "If you marry me you incur the
Mil WI Unto; riliop, lhaliss; Immor. Fb
Ik- danger of another attachment taking place on either aide;
mti,
ti, and if, as the defendant did, he tilt that he could not be
Mr. Illellises thialballi lawaidla. aseadep,
_lketheabweet Bar; happy with the woman with whom he wee to pass his life,
Twig, watetteemedilbendehlorrnit neastdar. Wats woad it was his duty to tell her so. A party when he was married
--mission.
adiniainaginek mom Divot, wedeek,. Twat. went to the altar, and there entered into a solemn engage-
ham ; reeds& Ilbeee-at .pitet le. meat, but if the defendant had done so he would have been
4.nn- --um in" Tama,,, (3,..try Dom,.; getuday, Kee. guilty of hypocrisy. The defendant had been placed in a
min thilltffiLiiilttreiossitrrn,alber he had that he had
asil-ig 1111006,. Gibbet Moor ; Thureay, Taken's Vi1......,...M1P1
......,...MIPI 010111" Tomo; Th 01.0.7 smlll.' Wias!oeo Til- not
lie had froMethenshoort acquaintancep which
he had With !
... pm !.edge; Thwid„, A 1....„ mow; her, and that admiration and ardour which he had felt in
4
half past ff. her company had not led to a deep-rooted feeling of love,
11=y, neremmi.fete , noway, um*. but had passa away. This was not a case fur heavy
1111 Vioe-at 11. damages,: because there were no blighted hopes nor
homes. HoMeIL, Lower Bbnekbnyth Willer: Tomo crushed affections. If it were the case of a person
Thomas), Yore rarat; Friday, Aelteecte Fa* past the meridian of life, it might be an aggravated
111111111111=koat t7)-st smarter to 11. . . case, as her chance of marrying would be very little, but the
TuoisliwliallPica ; Frdalili.dumr• plaintiff had already had two suitors, and he had no% doubt
Ihmidsomon • y week, Sisals., --at 1
sr. pk.„l,;ci.e.c.,; Thema,. misdsses. that her beauty would draw more taken towards her. She
lOW ; usujibiastri.llll ; astarday, StraUdieldssye-at 11, was not a east-away weed, as his learned friend had de.
Wyesigs Visually, Fedora& lea ; datarday,Faimesede scribed, but a beautiful flower-(laughter)-and he (Mr. '
-et 10. Chambers) hoped that she might get a husband more suited
°Ages"""a2Mporialimdls...,,,,lrwtiur m tag"; Wsdale" to her than the defendant.
aur, Ossilma illa ; ......., -at half.iost 11.
Mr W_ .. W Wyna's teas* Ihraday. Penne Bychas; Theaday, Lord Campbell then summed up, and said he thought
Ohl;Ilmoselay, 11011; , lower Wyche-at hall.past. 10. the case was a very aggravated one on the part of the de-
Teasel aloof bomb. easy, Creaky MU; Mandan Blip fendant. The defendant had placed three pleas on the
Beta'-•rlmll=LlLrecord : first, that he did not promise to marry
lareowniles .'n llewtsY, Swllo 101; Wohawls7. 3100 r the plaintiff, which was disproved. He then pleaded
Umk*Cuir C.4"."4"; liniii °mad° Village; M'sday wet' thatplaintiff was not
1111 L lllinimmea thalami; ammaamai we* pairtsthebssa • willing to marry him, which
MOP link tni Fir'rolle Odom Cannee)-et ti. ' was proved not to be the fact; and he then
M. Ws Sae Mariam Ihmulay, neaten Beauchamp; Frt. pleaded that a reasonaole time had not elapsed
decanatleumbe idel-et bosom to. within which he could marry her. That was also
beVAMll"Wwltiliffiwow aill; Wobluda7, Day Horse. untrue, because he had positively refused toemaru her.
11=awittlag, Iliabiaa mam-at i I.
liar. He (Lord Campbell) thought the case an aggravated one,
heirmakell.lll.2"". ikasith".; Fria"' UR' because the defendant, through Mr. Green, had said that
Tuesday, &ow., Beim; /Ism". 0,,., if the action was brought, Miss Bussell and her family
ailliklmill_ll7 tddieltali-at 11. must prepare for a severe scrutiny,i and now he had
1 Orli& tame's barriers. eassday, look Zan; Thereby, Wel. brought forward nothing to affect in the alighted
tom 11,11artaa aridae-at IL way. He (Lord Campbell thought that if levity,
Lord els harriers, Friday, aaweasse-eels la
Br. ca...... win.. Monday. 1r.,. i wiirday. o, as was not preyed against the plaintiff, at least he
ashalf-met te. would have shown that she was a mercenary person,
alramaise Imerlms, hamisy,prealm•Mat elm; Maim Ittaysimi who wished to marry him for his money, but he had net
rest-atamllimatill. been able to prove stile; the one Wag er dee ether. It