The Express.
London, England, 1853-07-20 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—LEWES, JULY 19.
CIVIL 811:0L—Brroas J1:24-Ica CIUNSWEILI.
Hoaa v. Ducts—BiLEACH op PROMISE OP MARRIMir.
This cause was set down to be tried by a special jury, Ltd
only two special jurymen answered to their names, and tho
learned judge Hued tte whole of the rest of the panel, fer
whose non-attendance no valid reason was assigned, 10/.,
and be intimated his intention of doing the same in every
ease in which they were summoned and did not attend. A
tales having been prayed the trial proceeded.
The action was brought to recover damages for a breach
of promise of marriage.
The defendant pleaded that he had never made the
promise, that a reasonable time had not been allowed him
to perform it, and also that the plaintiff had exonerated him
from it.

Mr. M. Chambers, Q.C., Mr. Bovill, and Mr. Raymond
were counsel for the plaintiff; Mr. Bramwell, Q.C., and
Mr. Lusk were for the defendant.
Mr. Chambers in opening the cue, said that the plaintiff,
Miss Hannah Here, had brought this action against tho
defendant, Mr. George Duke, for a very serious and he
feared almost irreparable injury which she had received at
his hands. The nature of the action was to recover da-
mages for a breach of a promise of marriage, and when the
jury had heard the circumstances he should lay before than
he believed they would agree with him, that the case was
one of a singular and extraordinary nature. The plaintill
was the daughter of a gentleman of some fortune, who re-
sided at Drayton, near Bognor—he had only one daughter
and a son, and the plaintiff would be entitled, under the
will other mother, to the sum of 9,0001., and he believed
the jury would be of opinion when they bend the facts
that this circumstance had something to do with inducing
the defendant to pay his addresses to the plaintiff. The
defendant was • gentleman farmer living in the same
neighbourhood as the plaintiff's family, he was
forty-five years of age, and he was reported to
be a man of considerable wealth. He had several brothers,
all of whom were in a respectable position and well ell; and
among them was one named William, Irbil was an at-
torney at Chichester, and whose name would be mentioned
in connexion with these proceedings. The defendant bad
been twice married, aid was • widower at the time he was
paying his 'dietetic* to the plaintiff, and he was sure they
would feel that a man arrived at his time of life, and who
bad been twice married, was the last person who could have
any excuse for playing with the feelings of an unmarried
woman. Miss Hors, the plaintiff, was twenty-eight years
old, and he was instructed that so long back as nine years
ago, and before the defendant married his second wife, he
bad paid her some attention ; but the intimacy at that time
was broken off, and the defendant married a second wife,
and in the beginning of the year 1942 she died, leaving
him a widower with three children. At the latter end of that
year the defendant again renewed his intercourse
with Miss Hore, and made proposals of marriage
to her and to her father. Mr. Hare, her father, was averse
to the match, partly on account of the age of the defendant,
and partly on account of his having three young children,
and he gave his decided opposition to it. The defendant.
however. still continued his attentions ; he met the plaintiff
frequently at the house of Mr. and Mrs. Florence, two old
friends of the family. He urged his suit very warmly to
her, and told her that, u she was of age, she need not have
the consent of her lather to the union ; that she was quite
competent to judge for herself on such a matter ; and he
pressed her to marry him without the consent of her father.
(The learned counsel then read two letters written by the
defendant, one of which was dated in November, and the
other in December, 1862, in beth of which the defendant
pressed the plaintiff to marry him, and stated that he was
aware that the chief objection of her father to the match
was hie " three little dears ;" but he said that all
he should expect from her was to be kind to
them, and he urged her to consent to their being
united without the consent of her father.) The plaintiff
would not agree to this proposal, but it appeared that in
the course of the following month of January, through the
solicitation of the plaintiff herself, and the intervention of
some friends of the family, the father of Miss Horn very re-
luctantly gave his consent to the marriage, and from that
time the defendant was received as the acknowledged suitor
of the young lady, and he took her and some of her friends
over his house to look at it, and he made several suggestions
of alterations that were to be made after the marriage took
place, and he also agreed to settle a sum of two thousand
pounds upon the young lady. The affair having proceeded
to this stage it appeared that the defendant and his brother,
Mr. William Due, the attorney, went up to London,
to the office of Mr. Wright, the family solicitor of Mr. Here,
' for the purpose of seeing the mother's will, and upon it
being shown to them it turned out that although by one of
the clauses contained in it the plaintiff would be entitled
to a sum of 9,0001. Consols, yet that it was rather qualified,
and was to some extent contingent upon her surviving her
mother for a period of 21 years, and under certain eircum-
' stances her brother would be entitled to the money. Whe-
t ther or not this had any effect upon the subsequent conduct
of the defendant, the jury would have to consider, but he
should show them that both of the brothers appeared very
much surprised at the terms upon which the money wag
left, and on the following day the defendant went to the
office alone a second time, and asked to see the will again,
and read it most carefully, and then went away without
offering any remark. Whatever might have been the effect
of this upon the mind of the defendant, however, it
appeared that for some time afterwards he still
continued paying his attentions as a lover to the plaintiff,
and no difference was observed in his conduct,
and the plaintiff went to London upon a visit, and
while she was there she purchased a rocking-horso for one
of the defendant's children, which she sent down into the
country. Everything went on as usual until the death of the
defendant's father, in March last, and although the defend-
ant at that time diohnot visit the plaintiff as often as usual,
he made an excuse that it was owing to the bereavement
he had sustained, and no particular notice war taken of
the circumstance. Towards the latter end of the month,
however, he did call at the house of the plaintiff's father,
and upon that occasion the plaintiff was desirous to present
him with her miniature which she had hail painted
for the purpose. lie, however, left without receiving it,
and upon a servant being sent after him with
the miniature he received it with coolness, and from that
day to the present time he had Muted all Communication
with the plaintiff and her family. He thought it right to
inform the jury that some letters had subsequently been
written by the defendant's brother, who was an attorney in
the action, but as he believed the only object was that they
should be read in open court, he should do what certainly
had not been done by the defendant himself—spare tho
helloes of others, and not put them in as evidence. In
consequence of the match being broken off in this manner
by the conduct of the defendant, in the month of April an
old friend of Mr Horea' family called upon him and dis-
tinctly aaked him whether he intended to keep
his engagement, and the defendant upon that oc-
casion in the most cool and deliberate manner
replied " decidedly not." It was for the defendant now
to tell, the jury why. He (the learned c tuned) was quite
ignorant of any ground for such a course of conduct; and, if
it was intended to cast any imputation upon the character
of the young lady, the defendant ought to have had the
manliness and the baldness to put a plea to that effect upon
the record, and give her an opportunity of answering it,
and not endeavour to whisper and slander away the cha-
racter of the plaintiff. He was not able to guess what the
defence was to be, but he felt it his duty to tell the jury
thatsonie tpheerirconwsuconrenrocund
with
hliiemvehathdatbetehne dgoienfgenadboanuttatnd
I country making inquiries whether MIN Hore "did net
drink." He was not aware whether anything of this sort
I was to be relied upon as a defence ; hut he must say that it
was most cruel to take such a proceeding and endeavour to
substantiate such an accusation, without placing it upon the
record and stating boldly that the reason why the defend-
ant would not perform his promise of marriage was, that he
had discovered after it was made that the plaintiff was, a
person addicted to drink. If he had done so they would
have known what course to take, and be should have beta
in a position to clear the character of the plaintiff from such
an imputation, by the most positive testimony. The de-
lenient or his advisers, however, had not adopted that

• ••• se sal the maid Imo to asp, under all the air-
semelinem. WWI aiayla tholatiatti wan entitled to
resolve Ise the *mete MI
TM lelleming -sass moths.' Waned:
Mr. J. D. Eloreemtheiiil—l live at Penfield, near
Cbiebee-
ter, and I have karma the plaintiff and her family for
IIIIISy yeses. I &behave the defendant my well. He is
an Intensive fanase, sad keeps a carriage and several ser-
vants, and lives la ships home. He hu *lveys lived in
that style. I nossabst Mr. Dale's father dyiag in March,
IBS3. Mu. Km boo been la the habit of visiting our
family he loamy porn, awl the deleadaet has frequestly
Mee thms with km, sad I wee swam that they desired to
asarriesl. aad I wee asked ter set as father and give her
away. TM roma I wee asked to do this was because her
owa father objected to the marriage. The defenJast told
m that be intended to settle 2,0001. on the plaintiff, and he
said he wished to ho minted Ice Marsh. Some time alter
this I heard that Miss Ham's father had cemented to the
match, and I went with Miss Hon to the defendant's house
to look over it, and I remarked that it was a very nice
home, and fit for a duke sad duchies. (A laugh.) My
wife sad some other ladies accompaaied as to see the house,
sad some &hotshot's wove suggested.' 1 saw them from
Wan to time frequently after this, wad they conducted
themselves se perms about to he manied.
Case-inamined—The defendant's carriage was such as is
usually employed by penons to go to market with. I sever
heard what wen to be the terms of the settlement, but
merel that 2,0001 was to be settled in some way or other.
lbwMon is twenty-eight years old. The defendant is
about fire•and•forty. Ile is • widower with three "little
dean." (Laughter.) Mien Hove's father had • great ob•
Onion to the match is the lint instance, sad I believe he
did eorgive his consent until January. 1 never heard that
Mr. flore objected to his daughter being married at all. I
knew that he objected to two young sentience who paid
their addressee to her. I sever heard that she was engaged
to a gentleman named Oyler. Mime lime is a young lady
of considerable personal attractions. I have DA/Ter
aid that her father had set about reports to prevent
her from Fretting married. Boise one has said
that I have said so, but I never did. I do
nut know a beer house near the pound at Bognor. I know
the pound, and I remember meeting tho defendant close by
there three or tour months ago. I swear I did sot tell him
that if there were any remelt that a Mw Hors wit Witted
to drinking her father had set them about to prevent her
Dom eettine married. Miss Bore and her father lived in
the town of Bognor, four or fire mile from the residence of
the defendant.

Re-examined—lt was Mr. William Duke, the brother of
the defendant, and who was now acting a+ his attorney,
who endeavoured to persuade him he had said something
which he had not said upon the subject of Miss Ilore.
Mrs. Fierier. said—l is the wife of the last witness. I
have been intimately &consisted with the plaintiff for the
last four year., and I remember the defendant coming
with her to our house at the eau of last year. Miss
Ilene introduced his as her intended husband, and the
defendant at•erwards said that the father of Miss Here
objected at thst time to their being married. I remem-
ber • young lady named Wright coming on • visit to
the plaintiff, and w►ile they were both up stairs
the defendant said there had been a long courtship, and he
wished to get married soon, and he would be married in
the month of March, and wished my husband to give
Miss More away. I was one of therparty who went to see
the defendant's house. _

sdnitted that the endiet ant pus t his
client, but he nand spew the limy not to the de-
fendant by giving eledistin damages, wins it was cleat
1 that all the hens connected with the one wen sot beton
then.

Yr. Justice Cresswell, in summing up the can to the
jury, said it was no part of their duty to punish a defend-
sat. All they had to do was to compensate the plaintiff
for the injury she had sustained; and if is doing so they
punished the defendant, that they had nothing to do
with. The action was for • breath of promise of
marriage, and there was clearly no answer to it. Two
of the pleas of the defendant were most absurd,
and for the third there did not appear to be any pretence
whatever; and the jury would say what damages the plain-
tiff was entitled to for the annoyance mad the injury to her
feelings that she had sustained. It might appear absurd to
competent* • bun le the hidings by a new recompense;
but it MO asiasoisdpil do law i sad the amount of
compendium was the *sly gowns tie jury had to decide.
It had been Ind in tha pram* ore that the plaintiff had
sustained ma real injury ; but madaubtedly a proceeding of
this description could not but scans gnat pain and mould-
! cation to any young woman ; and the facts of her bring '
young and wealthy were calculated rather to increase those
feelings when she considered that having such advantages,
and having condescended to agree to accept of a man much
older than herself, who had three children, as a husband,
he should refuter to have her. The jury would, however,
take all the circumstances into their consideration, and
award such fair and reasonable damages to the plaintiff am
they considered her entitled to.
The jury, after a short deliberation, returned • verdict for
the plaintiff—damage. 4001.

Hoar r,

This wan as action for slander brought by. the father of
the plaintiff is the former action against the brother of the
defendant.

When the cue was called on, it was stated that the par-
ties had agreed to make a mutual retractation of all that
had been said or written in disparagement of either of the
families, and a verdict we. taken for the plaintiff with 40s.
damages by consent.

Tat Loin CalL7 11Aim

Caroline Mertrood, 23, a good•lookin young woman,was
charged with the wilful murder of her child, Caroline Sher-
wood the younger.
Mr. Johnson conducted the prosecution. The prisoner
was &shaded by Mr. Creasy.

This case stood over from the spring assises. A good
many witnesses were examined ou behalf of the prosecu-
tion, but the evidence to support the charge lay in • very
small compass, and conclusively established the dreadful
crime of which the unhappy prisoner was accused. It ap-
peared that she was cook in the service of Mr. Turner, the
judge of the County Court at Brighton, and that the child
in question, which was an illegitimate one, and between
live and six years of age, had been placed by the prisoner
in the charge of • person named Delves, at Brighton, to
whom eke paid 2s. 6d. per week for taking care of it. A day
or two before the 6th of March the prisoner called upon Mrs.
Delves, and stated that she should want the child got
ready on that day, as she was going to take it to Shoreham,
and Mrs. Delves accordingly dressed the child early on that
day in order that it might be ready to go out. The pri-
soner did not come for the child until the evening, and as
it was very wet and foggy, Mrs. Delves observed that it
was not • proper night to take the child out, but the pri-
soner persisted in doing so, sad said that if she left the
child at Shoreham as she expected, she should not call upon
her when she came back, and in that ease she directed her
to give a bedstead which she had provided for the use of
the child to her brother, who she said would call for it.
Mrs. Delves then gave the child some bull's-eyes and some
nuts, and the prisoner went away with it, and they were
both ,seen shortly afterwards going in the direction of
Hove. About eight o'clock the same night the pri-
soner arrived at her master's, and at this time
nothing was seen of her child, but on the fol-
lowing day the dead body was found at • place
calltd Hove Drove, between the railway terminus
and the sea. A portion of Its clothes had been
removed, and, upon an examination of the body, it became
manifest that death was the result of suffocation. occa-
sioned by • ligature which was found tied tightly round the
throat. It appeared that the child was very speedily re-
cognised as that of the prisoner's, and the officers of Brighton
at once proceeded to the house of her master, and took her
into custody ; and upon her being told that she was charged
with the murder of her child, she became dreadfully up
fated, and ',claimed. "Oh, what shall Ido ? Oh, dear,
how could Idoit ? Do tell me what to do—oh, save me—
let me go." Her boxes were then searched, when the
child's frock, very wet and muddy, and in the pocket of
which were the bull's-eyes and nuts given to her by Mrs.
Delves, wee found; and upon further examination, the
boots of the prisoner, end also some of her own clothes, all
of which were very wet and muddy, were discovered.
Mr. Creasy, on behalf of the prisoner, made a forcible ap
peal to the feelings of the jury, on the grounds of her youth,
and her unfortunate position, and he urged them to return
a verdict that would have the effect of oaring the life of his
wretched client.

Crees-exernined—li was very easy to tell when two
your people were engaged, by their blushing. (Laugh-
ter.) Mr. Duke had got beyond that. (Laughter.) I
heard of Miss Here's father giving his consent in the
month of January.
Mr. John Wright said—l am a solicitor, and reside in
lt~dtord-row. I have been the plaintiff's solicitor since
lisle. In January last the defendant and his brother
came to my can, and they said they were referred to
me tnobtaio information relating to Miss Hors's property,
and I told them she derived it from the will of her
mother, and that it consisted of • moiety of between 9,0041.
and 10,000 f. in the Consols, and • moiety of her freehold
bogus in Bognor, and • moiety of a farm in Some, but I
could not tell them the value of it. The defendant said he
knew the farm. I told them I had not got the will, but I
offered te lead them the draft of it. They both appeared to
be very disappointed.
Mr. Bramwell—Never mind what they appeared, what did
they say
Witoess—They said the property was not half what it
had been represented to them. I showed them the draft of
the will, sad Mr. W. Duke said he found that Miss Hue
could not make • settlement of her property, and the de-
fendant said the* Mr. Hors had pressed him fora settle-
ment, bat that Miss Hors herself did not require it. I wu
aware Miss Hon could not make • settlement because she
only took an interest contingent upon her surviving her
mother for twenty-one years, and if she did do so it would
go to her brother or her issue.
BT Mr. Bramwell—Mir More had an equal chance of her
brother's property that be would of hers. I have bad •a
correspondence by writing with Mr. W. Duke on the sub-
ject of this action. I know that an action has been brought
by the father of the plaintiff against the brother of the ds
fendant for libel. The settlement upon the plaintiff was to
have been made by a bond.
The bond made by the defendant was put in. fire-
fervid to the plaintiff as his intended wife.
Mr. Wright re-called—l told Mr. Hors I did not think the
settlement was of any value. as it was not male a charge
upon any property.
Mr. George Peahen said I ma a surgeon at or. I
have knows. Mr. Hoye • great many years, sad hie family
also, and I was on very intimate teems with then. I knew
that the plaintiff and the defendant were engaged to be
married. On the 20th May, I went to the defendant's
home and he was asked by Mr. Here, who accompanied n e,
whether he was prepared to tarry out the engagement he
bad mad* with his daughter. The defendant replied,
" Certainly not." The question was put a second time, and
thee the defendant said " Decidedly not." He was asked
the reason, and the defendant maid to Mr. Hon, " If you
had Mod differently in the matter I should have been
placed la a different situation."
Crees-ezasained—l did not hear the defendant say that
Mr. Hanhad been circulating reports about kis family. I
deal believe anything of the land was said. There are at
least tea or twelve of the Doke family, brothers and sisters.
Mr. Hors is a man of property. One of my nephews was
the sieenalen of • dialyses arising betweea me and the
plaiatife father. It was 'append that hi and Miss Hors
were e•gaged to be asserted. Mr. Hore did not consent to
the mane, end it was broken it, but I don't knew upon
what gnaw* whether it was with the consent of the
young , or through the objection to the marriage sa-
teriit=:: father
—The offence with which my nephew was
cinvieled assumed in 1845, and since 1819 I have bees es
the some Serino with the family of Mr. Here as before.
Mr. W. Dela. a waneyee, at Chastens.. deposed that
the besieging of lbe pawn year tbe dsillisdaat's brother
Wiflisse WWI upon him and made swim inquiry.
Mr. flumes we sallei—d saw the dedsteet in the 14th
Jame sod be sheik heeds with see, and mid be wasted
iastliand be Web me ate the shweebyeni. Bald
be very m Heny le see. He the*
mid I bore say this Ws drisha. I replied
that she bad bees to say beam frequeotly, and I never saw
• symptom of it. He dies said, I am very glad to
bus yea my so, it will der as much good se if you gun
me a dwassed pounds," and be said he was very math
obliged le me, end we parted.
Cresessemlsei—The gialatif end defendant appeared
an geed tires be emend weeks Awe
61 r. W. Thempemi maul andemes living al fir,
proved that be hid Minded Miss Ham and her ilmij tor
kee Willi to Illee embed whether
shutdiats
hastier had aft Mad upon aim weeks
age and made come herdei of him.
Mr. Bramwell atimiled-le inithet was mid by the
brother ef the abide* beteg eeeaived as nidesee, and
the question ins est peaseL
This was the as lee the plaintiff.
Mr. Bramwell then Mimed the tars for the defendant.
He said he Gould assure them that be bed never risen to ad-
dress any jury wader helloes of pens, pain and difficulty
than he did on the retest measise, and he believed
that the defendant Idgmelf shaved ia these feelings.
His learned friend bed Mill mein strong observe-
dons with regard it die pies of the defendant,
but he felt called apes it Mien, and be did
so with the entire OCSININIMISI it the dediedent, that there
went was any Stead* te emt the MOMS imputation
upon the eharaeser wryme et Ole lady, ad if
such an impression themid M any penes,
be entirely and mast denied that there wee
any foundation be it. teed that be bad no ass
ewer whatever te the mem ; and the only thing the
jury would be gelled span to decide would be what
amount of damsel the defendant ought to pay for
breakieg his premise of marriage ; and upon this sub-
ject alone he should make a few observations. He
asked them first to look at the circumstances of the
ease. liere was a man pretty well advanced in
• widower, with three children, who bad been twice mar-
ried, and who, although undoubtedly filling a reepeetable
position in society, was still clearly not in so good a position
as the plaintiff: and the question for the jury was what was
the injury she had sustained, and what was the amount of
the lees she had incurred by the defendant failing to fulfil
his promise to marry her. They had it in evidence that
the plaintiff was a young woman of considerable personal
attractions, possessed of a fortune ; and, looking at these
facts, they would consider what damage she had suffered
by not being married to a man much older than herself, who
had three children. Everything was in favour of the lady and
against the gentleman, and it really appeared to him that
oho would actually have thrown herself away by marrying
such a man. He would not attempt to justify the con-
duet of the defendant, but although this was one of these
eases in which the law, very properly as it appeared to him,
did not allow a man to be called as a witness, and to give
an explanation of his conduct, he was sure the jury would
feel that some reasonable explanation might be given
totally apart from any consideration relating to the character
of the young lady, which would have been a justification
for the defendant, upon mature consideration, feel-
ing it prudent to decline to fulfil his promise.
Upon this subject they were now totally in the
dark, and he could not help observing that it appeared to
him to be rather an injustice towards the defendant that the
father of the young lady had not been called ea a witness.
Representations had been made with regard to his refusing
in the first instance to give his consent to the marriage and
other matters, and he thought that in fairness he ought to
have been sailed, and he had no doubt that if he bad been
be should have elicited from him in crou.examination some
hots, not in any way, he admitted, tending to the disparage-
alent of the young lady, but which would have had the effect
it satisfying the jury that the defendant really had some
grenade for the course be pursued, and that be had
not acted in the Martha way_that had beea elbjed by
theawassi for the plastid. ne leaned coseaV, la on„

The Lord Chief Baron having summed up, the jury after
being a short time in deliberation, returned a verdict of
Guilty.
The unhappy woman was immediately called up for
judgment, and the Lord Chief Baron in a most impressive
managr passed upon her the awful sentence of death.
Whew the learned Judge concluded his address, the pri-
soner feinted, and was carried from the dock is a state of in-
sensibility.

THE EXPRESS, WEDNESDAY EVENING, JULY 20, 1853.