The Express.
London, England, 1853-12-22 00:00:00

OP A GOVIANZNI ON
ONOVNDS.
Mr. K. Mariann, with Mr. Wordsworth, appeared for
the pleietif. Mr. Sageant Shoe, with Mr. Ogle, were
caused fur the drfrodaot.

t. 1110tbIrt.

Tais was an action brought by Madle. Anseiie Sheerest
egalast the dekodant, who is the vicar of Comb. Bt. Nicho-
las, in Somersetshire, to recover compensation for the breach
of a eastract, which she stated he had entered into wit► her,
by w►ich he undertook to employ her for a year as gover-
ness in his family, at • salary of .504 a-year, with 3/. extra
for the first three months, and three months' notice before
beim. discharged. The defendant pleaded denying the pro-
mise, alleg rag that it had been obtained through fraud sad
misrepres►ntation on the part of the plaintiff, and also a
special plea that he had only entered into the contract con-
ditionally epos a communication from a lady named Blanche
being favourable to the plaintiff 's religious character, which
it wee not. The def. ate= also paid 71. into court.
Mr. N. Chambers, in opening the cm*, detailed the eir-
ermot•aen under which the action was brought, the plain-
tuff being • lady 26 ran of ege, born in Belgium, but of
French parent•••, and the defendant a c seaman of the
Church of England, and Vicar of Comb. St. Nis►elae,
Semerielshire. The amount the plaintiff claimed was 31/
4s. 91.„ tieing three =oaths' salary, at MI a year, travelling
exposers, and the espouse of board and lodging for three
scathe.
_ . .

TN learned oramel its. called the plaintiff,Madwasiselle
Alsressart. who said —I am a astir' of Brussels. I game
to Sagnail about a pas sad IDre mouths ago. I brought
letters*? ialrefisetioa to the Belgian Convulsed otter pee-
ling.. The fint engagement I intend into as goverues was
with 11. R HAM, Prime of Caps.. The eagegament was
broken ingredient,, so that I did cot enter do the perform-
anis of gay duties. My seat eimagemeat nesse Mss. Hill's,
at Mewing, in Warwidurbire. That was is July, 1852. I
remsiee4 there what they called &quarter. I taaglit French,
German, and • little drawing. Then I went, Da the 13th
Oatobrr. to Chester, to Mr.. Oiler's. I remained there
what (hi term bait a year. I then west to Mrs. Blanche's.
at Dorsky, is Oloucesterstire. I left Mrs. Oilee's es the
30th March, sad wart item there to visit my sister, at Mr..
Hilt's, where I remained about five days. At Mrs.
Streets's I taught French, German, natural philosophy,
history, literature, the ass of the globes, and the like
things Oa the lith April I received • letter from Mrs.
Ttehevd I. (swage's's@ of which I wrote to • Mils Pole, at
Ea*. !Una torched a letter from Mr.. Moysey on the
20th April lovt, appointing to meet me at Twangs. Twelve
or thireen letters subsequently passed between ••• Os
May 7 I went to meet Mrs. Moyny at Tswana. She then
a aid she wield let me know the nest day what she mould
e iiselede. She took NM to the railway station, and I west
hick to Dntb. I Una weeived this letter from Mrs. Stirlen.
(The lone was read, sad stated in whistasee that Mrs.
31eyny had tboagat beet to decline the plaintiff's services,
cat on seesuct of the tialwy, bat Imam she (the
plantar) nosed to wasider tbe &dies of the eitaatio• toe
randy,, bet that if the plaialff bad suited her, she would
have Oren ready to give IDOL a-year, or 501. a-year, with 31.
fir the first three meatba. If she had accepted thew terms.
s'.• (Mrs. Morey) would have bees wiling to allow a young
fined of the plenty's, of when sbe had wakes, to assist
Ler.) I west doom to Tamen IS the dad July, iawer
limes of **ether letter whisk I reesived. alts lento IVY
lie read.) Mn. Morey met me then. Oa the way to
Comte St. I'S kholas, is the Mrs. Moyeey said she
lad written to Mrs. Blanche, sad lin. Blanche had 'TIMM
to her, sayias that I appeared to corisidirr all religlema hems
trdioes, but I bad, however, attended to all then
sad t tbeir religious ceremonies oitn very good gases.
Mersey then wailed and said, "Oh, I suppose it is baiiiingis
yin an • foreigner, and foreigners are not so amusement
to forms as we Eaglish people are." We talked half is
Preoth and half in English. She added, Beside*, wish
all your faults, we are not • bit better than you; howevet,
Mn. Blanche may have received some indavosrable lams-
now from you, as she is a dissenter, and dissenters are
weeerally I do not know the English word, but she meant)
calends. Laughter.) She also said, " 1(1 had knows you
had bees living with dissenter, I might sot perhaps have
taken yea, hscause dissenters ••• • much lower clam of
people " I said I was sorry for it. but I had bees throws
inmost cire owitaneesaawagst that class of people,altbough
I bath wed with the nobility and aristocracy abroad. I ales
aid that 1 had bees obliged to go into salmis, bet I cowlmis,
soiled this from iii my kinds. Mn. Navvy skewed el

Mrti. Blanche's letter. I remained at Combo until the 7th
July. I taught tn • chi...trey, Frew+, Getman, history, end
reo.traphy. I had undertaken drawing and literature, but
hat .pportun ty i•f teazt,ing Vein. I went to church
Ass Is, and took the sacrament from the hands of Mr.
Nloy,ey hirwelf. After I had been there seven or eight
' day% Mr.. Willey showed me a letter from Mrs. Hill. On
the evening I arrived at Combo, Mrs. Moysey was very
agreeable. We talked together about religion. She uid
her hushaed belonged to the Low Church, but was of good
standing. She had before said she should write to Mrs.
Mill. Oa the 22d .lu4, Mrs. Moysey said to me, " Made-
moiselle, we wish you to leave immediately." I said,
" Now ?" She repeated that I mast leave immediately. I
said, " For what reasin ?'• She said, "We wish you to
leave." I said, " But where am Ito go ? I have got a
right to three months' notice. I have got no hems in Eng-
land ; sad if I went, there would be appearances against
my character which I don't deserve." She said, tt How
meet. timed. you want? Will from this day to the Zed
August be sufkcient time br you to find a place to go to ?"
I said, "Certainly it would be enough for that."
She answered, " You can leave, them, wit e you
please between this time and then; but you must con-
eider the 2nd of August as the last day on which you
can remain." I insisted on the three months' notice,
because of m character. Sits said if I did not promise to
leave she would call for her husband. I stood by the door'
of the drawing-room, so that she could not peas; upon
which, she walked out of the window, which was rather
low. On the 26th of July, I inquired by what conveyance
I could get to London. She told me ; and I said if she
would see about the conveyance I might perhaps go on the
next day, instead of waiting until the following Saturday.
This was at dinner, and after dinner she called me into the
drawing-room and showed me some money, which I said
was not enough, as I was entitled to three months' salary.
I left on the 27th of Jetty. I n bad the honour to
speak to Mr. Moysey all the time I was there. Mrs.
Moysey complained of me, but, on the contrary,
much approved of my system of teaching. I headed her
several testimonials—ene from the Chamberlain of the

(lore° of Hanover, and another from my French professor,
a rector is the University of Liege. (The tesmonisls were
produced.)
Croweaarained by Mr. Serjeant She..—Both my parents
are French. They entertain protestant rrinciplee. I ne•
vex saw them attend Roman catholic places of worship. I
have seen them attend a protestant place of worship. At
the age of ten years I did sot know the difference between
religions. I was then put into an English protestant
school at Brussels. My mamma gave me a high religious
instraetion. I was 16 when I left the oohed. I then
went home. I then professed the protestant religion, and
did not attend the Roman catholic worship, although I
went sometimes to a Roman catholi.: church to hear the
music. It was not my practice to attend divine worship
on Sundays and holidays in the Roman catholic churches.
I went to a protestant place of worship with my parents
and 'islets. After some time I went into Germany, and
entered into families of the first distinction, amongst others
that of Baron von Derdeker, the Chamberlain of the
King of Hanover. I never said I was a Roman catholic, or
professed to be one. This letter (after reading
it) may be Madame von Derdeker's handwritiug. I should
wish it to be read out aloud. I lived with them in the Huts
Mountains. I did not attend divine worship with her
family. They never went to church at all. I may have
bees to a Roman catholic church whilst I was with her,
hat I attended a protestant place of worship. I stayed at
Mrs. Hill's five or sin weeks. When I left I told her I was
obliged to go immediately to Germany, and I asked her to
take my sister Julia. I went to Chester on the day I left
her, and entered into the employment of Mrs. Giles. At
Taunton Mrs. Moysey did not ask me for English testimo-
nials. I did not mention Mrs. Giles to her. I said I could
refer her to Mrs. Blanche. I did not say Mrs. Blanche
waa much attached to me. I said she knew from the first
that 1 could not stop with her. Ido not remember saying
that M. Blanche would have increased my salary.
said she gave me 301. a year. Mrs. Blanche, in fact,
gave me 301., but she esteemed it to be 601. for the
reason she has mentioned in her letter. Mrs.
Moysey did not tell me she should ones to no arrange-
ment with me until she had heard from Mrs. Blanche. Soon
after I received Mrs. Moysey's prepaid, I sent down another
proposal to her with a slight alteration. I was then much
absorbed is literary and theological pursuits. Mrs. Moysey
sever told me that I could not have the situation upon the
reference I had given. Mrs. Hill was disappointed at losing
my sister, and so wrote a letter, in her rage, to Mrs. Blanche.
Ite-ezemiaad—l wrote twice to Mrs. Hill. Mrs. Blanche
wrote to me on the subject of salary, eaplainlag to me how
she made up the 301. to 601. per salaam, by keeping me
defies the vasatioas. Mrs. Moysey, after the 7th May,
sent me this letter and proposal. (The proposal was read,
and stated the terms spoil which Mrs. Misysey tamed the
plaintiff. She was to have a salary of 601. a-year, with 31.
the first three months, and was to teach French, German,
history, geography, the use of the globes, zoology, botany,
mineralogy, French and English literature, the elementary
rudiments of writing, arithmetic, music, and danciag, the
practice of dancing and calisthenic exercises.) Alter a bag
correspondence, in which I mid I should require some es-
instead, the matter ended by the arrangement that I was
to have 501. a year.
By Mr. Serjeant Shee—l said to the Princess of Carta
that I was a Boman catholic, as I had been baptised in the
Romieh church. She said, " Although my son is destined
to the throes of Naples, which is a catholic country, I wish
him to entertain protestant principles, and to read the Bible
every day." I deny that I produced Swiss teatinsonials to
Mrs. Hill. I received the sacrament of the protestant
church for the first time at Mrs. Hill's. I did not tell Mrs.
Blanche that nay sister would suit her better than me be-
cause she believed in the Scriptures, nor did I ever tell her
I was " an unbeliever or an infidel." I remember cue even-
log, after 11 o'clock, when Mr. Howled was with Mr. 1,
Blanche and some other persona in the atoly amehlas sand
drinking, they ailed me in to join in tbelleinesseillem, EMI
asked me to remain with then. I had always of
the tedious war of preaching of ministen ef the of
England, and f then said that, if I could be tell a an
intelligent man who was preaching in England, I would
go miles to hear him. Mr. Howard said he knew of one.
I said I would go to hear him an I was then a "payee,"
but of course I used that word only in jest—in fan. I
never said I did not believe in the Bible, or anything like
it, except that single work when they were all smoking and
talking comfortably together.
By Mr. U. Chambers—We were merely d' the
merits of English preachers. I have translated iota &s-
-hah, "Disquisitions on the Psalms," and other Gersten
theological works, by liengstenberg. I was always much
interested in such studies.

This was the case on disport of the plaiatiff.
At the sitting ol the court this morning,
Mr. Perlman% nee addressed the jury on behalf of the
defendant, saying, that the question they had to try was
of far greater importance than the mere question of
pecuniary compensation. He would satisfy them that no
such unconditicnal contract had been entered into by Mrs.
Moysey with the plaintiff as she (the plaintiff) had stated ;
but that even if it had been entered into, it was done in
consequence of fraud and misrepresentation on the part of
the plaintiff. The learned serpent read several letters
from the plaintiff to Mrs. Ilaymy, in which she stated her
qualifications. She said, amongst other things, that she
was a person of goad family, her father belonging to the
French bar, of amiable and lively temper, of protestant prin-
ciples, and accustomed to the best society. Mrs. Moyeey,
thinking that the person who thus offered herself tor an
engagement was something out of the common, wrote and
gave every particular of the mode of living of her family, in
order that eh* might judge whether the situation would snit
her. The learned sapient then stated the account given by
Mrs. Moysey of the circumstacces under which the e
meat of the plaintiff was entered into. The letter of the
27th June, from Mrs. Blanche to Mrs. Moysey, gave a
very favourable description of the plaintiff's qualifications
as:a teacher, both with regard to abilities and tamper, and
stated that she (Mrs. Blanche) had no doubt that she was a
protestant; but added that she could not say mach with
regard to her sound religious principles, and that she (Mrs.
Blanche) bad parted with her because she bead family
prayer, gran before and after meals, and othn each regula-
tions tedious, although she submitted to then with a good
grace." When Mrs. Moysey raw the plaintiff at Taunton,
on the second occa%ion alter the receipt of this letter, she
ezpreeely told her that she could not be received into her
family as governess, and bad only taken her to Combe
to explain the circumstances under which she thought
proper to decline the engagement. Having read some
further extracts from the correspondence, which was very
voluminous, the learned serjeant concluded by submitting
that he had no doubt that the evidence he should all
would satisfy them that his client was entitled to their

The Best witness celled for the defence was
Mrs. hloyeey, examined by Mr. Ogle—Lest April I was
in want of a governem, and I received • letter from the
plaintiff enclosed in one from Miss Pole, in consequence of
which l wrote to the plaintiff on the 20th of April. I received
another letter is reply. After some farther correspondence
I root her at Taunton on the 7th of May, at the London Inn.
Bhe produced French and Ovinnan testisnosials. I was
satisfied, with regard to secular education, with the French
testimonials, but there was no mention in them of religions
principles. I told her so, and asked her if she had any
English testimonials to offer, as it was usual in England to
apply at the last situation a governess had occupied. She
said she had several references, bat she would refer me to
Mrs. Blanche, which was her last situation. I said I
would write to Mrs. Blanche. She said that Mrs. Blanche
was very anxious to keep her, that she had refused her notice
to quit several times, and had offered any sum of money
rather than lose her. She also said As did not like school
life, or living with rti.senters, but she wished to live with a
clergyman of the church of England, as she had always
been brought up in the principles of that church by Mrs.
Bassett, at whose school she had lived sit years ; and that
Mrs. Blanche was not aware that she had come to Taunton,
bat she was determined to leave her. She said she was
saunas to get her sister Julia into Mrs. Blanche's
situation; but if she knew she bad come to meet
me she (Mrs. Blanche) might be annoyed, and re-
fuse to take her ; and therefore she requested me to delay
writing to Mrs. Blanche until her sister's affair was
settled. I agreed, and paid her travelling expenses, and re-
turned home. I wrote to her on the bat May, stating my
terms. She afterwards returned a note nearly similar to
mine. There was a long correspondence, in which she
urged me to take her, and offered to come for WI. a-year.
In June I wrote to ask her for the reference to Mts. Blanche.
She replied, saying that her sister had got the situation, sad
therefore I might apply to Mrs. Blanche. I immediately
did so, and Mrs. Blanche sent me as answer, dated the 27th
June. (This was the letter read by Mr. Serjeant Sbee.) I
received it on toe 29th June, aid on this same evening I
wrote to the present plaintiff, and enclosed the letter its one
to Mrs. Blanche, who returned the enclosure. (The letter
to the • tiff was to decline engaging her, bat hen. Mambo
refwd to deliver it.) I had &wasted to meet the plain-