The Express.
London, England, 1848-08-10 00:00:00

NAVAL.

DavoNrom, Avo. B.—Reinard, at, Com. eraeroft, ar-
rived tbl morning !tom Portsmouth, and anchored in the Sound.,
but sailed Manly after to j .io the rquadron at Cork.—!Saner, 14,
Lieut. Bacon, has sailed for Lisboa and Malta.
ADIIIILALTT, AVO. 9.—APPOINTMENTS.—Lieutenants:
C. H. ♦. Temple, to Southampton; P. B. loom to Coact Guard.—
Chief Eagiseer W. itishardeon, to Viagard.— Clerk in Charge: G.
W. Anderson, to Spy.—Second Master J. S. 0. Farrel, to [Maher.—
Midabipman t Hon. H. F. Deane. to Trincomalee; E. S. D'Arcy and
B. E. Young, to Ocean ; A. D. Campbell, to Piagard ; S. H. Pike. to
Victory.—Miudern: C. P. Tuck, to Crane ; T. James and P. Ridley, to
flpy.—Aakstant Engineer: B. Mo Ewen, to Fiagard.—T. Baker, to be
Imiector of Machinery.

SPORTING.
lifiTl24l:l AT MANCIIESTER.—Ttunsr.
WOLYIIIIIANIPTON BTAILZII.-5 to 2 agst Yardley (i), 4 to
I apt Lauri (t), sto I apt Cracow (t), sto I apt Inheritress.
Sr. Leo/ca.-5 to 2 apt Springy Jack I t), 9 to 2 east Jus-
tice to Ireland (t), 9 to 2 art Flateateber, 6 to I apt Surplice, 20
to I apt Arndt, 25 to I apt Insdinine (t).
Deaar.-1,000 to 36 apt Garrick (t).
Boner Recall have been erroneously advertised in the
Abett Calendar fur We:dam-ay and Thursday nut, instead of Tues-
day and Wednesday.

iLab) intelligence.
EQUITY COURTS.
Herres the Lord (tancellor.

En DYCZ SOIIHRE.—Ttus was &petition presented
by Mr. Dyce Sombre praying that the commission so long
pending against him might be superseded, sad with that
new that he might be again examined as to the state of his
mind.—Mr. Betbell, for Mrs. Dyce Sombre a.ked that the
petition might be beard in private. There were in the affi-
davits ponsages which he could not read in open court.—
The Lord Chancellor could not give a private hearing
unless the pantie, on both sides consented to
Bolt, for Mr. Dyce Sombre, was not instructed
to consent to a private hearing.—ln a conversation which
tken ensued between the learned counsel and the Lord
Chancellor, it was agreed that Mr. Dyce Sombre, who is now
in Paris, should come to London, or the neiobbourhood, in
October next, to be examined by two &mom of the Lord
Chancellor's appointment, in the presence of two other
doctors, one to be named b. Mr. Dyce Sombre, and the other
by his wife.

Before Vice-arm:err Knight Bruce.
Re FTFIN.—CUSTOLT OP INPANTIL—The Vice-Chancel-
lor gave judgment in this caw (which has excited much
interest, and the facts of which are detailed in the report of
the hearing in the Express of August 4, lut), to the
following effect:—This case having been argued in pubic
(for neither party expressed a wish to the contrary), and
neither party asking that jurigment should be d. livered
privately, I have considered it right to state my view of the
matter itt open court. The application is one, by petition, '
respecting the custody and care of the three infant children
of Mr. Fyne, a member of the Irish bar, and a lieutenant of
English militia, who in an affidavit of the 21st of July,
describes himself as 01 No. 9, Southamptoa-street, Strand,
and in an affidavit made by him tour days afterwards de-
scribes himself u temporarily residing at 49, St. John's
Wood-terms, fur the eole purpose of being near his child-
ren. The former affidavit c'.ntaios also this statement:
"And I further make oath and say, that I have a settled
residence, to wit, Coburg-house, Bridge-row, Hammersmith,
wherein to take my two sons, and that I can and
will educate them there, and allow my wife daily
access to see them." This gentleman was, I think,
in October, 1040, gazetted u Cuid Justice of Totem°. In
one of his affid.vits he s that he was appointed to that
office on Oct. 4 in that year ; and he adds, " which appoint-
ment I was obliged to resien in Dee. following." The
application is supported, and is indeed brought forward, by
the mother of the children and by their maternal grand-
mott er. It may not be unworthy of remark that not any
other relative or the infants on either ride is a deponent on
this occasion. I have examined the affidavits arid exhinits,
and the statements made by Mr. Fynn in person at the bar.
The eircunistences in evidence are in some respects distressing.
Cases indeed, in which a hither sought to be deprived of the
custody of his infant children, or to be controlled in respect
of guardianship of them, can seldom be otherwise than'
painful. Were I at liberty (as I am not) to act on the view
which, out of court, I should as a private person take of the
course likely to he most beneficial for the infants, I should
have no doubt whatever upon the question of interfering
with the father's power. Without any hesitation I should
do so, though to what extent and in what manner I do not
say. But there may and must be many cases of conduct,
many cases of family differences, family difficulties, and
family misfortunes, in which, though interposition would be
for the interest and a tvantage of minor children, courts of
justice have not the means of interfering usefully, or, it they
have the means, ought not to interfere ; and the jurisdiction
to which the present petition is addressed is one that—infi
nitely various as are the pcksio e circumstances in which it is
applicable—is yet r.stricted, and I believe wisely restricted,
by certain principles and rules from which there can with
propriety be in its exercise ne departure. The acknowledged
rights of a father with ft spec: to the custody and guardian-
ship of his infant children are conferred by the law,
it may be with a view to the performance by him
of duties towards the children, and, in a sense, on the con-
dition of his perterming these duties. But there is great
difficulty in closely &lining them. It is not substantially
possible to ascertain or watch over their full performance,
nor could a court of justice usefully attem it. A man may
be in narrow circumstances ; he may le negligent, inju•
dicious, and faulty, as the father of minors; he may be a per-
son, from whom the discreet, the intelligent, and the well.
disposed, exercising a private judgment, would wish his
thadrus to be, for their sakes and his own, removed. He
may be all this, without rendering himself liable to judicial
interference. And, in the main, it is, for obvious reasons,
well that it should be so. Before this jurisdiction can be
called into action, it must be satisfied, not only that it has
the means of acting safely and effectually, but also that the
father he so conducted himself, or has shown himself to be
a perm of such description, or is placed In such a posi-
tion, r to render it not merely better for the children,
but essential to their safety or to their welfare
in some very serious and important respect, that
his rights should be treated as lost or suspended,
and he superseded or interfered with. If the word " essen-
tial" is too strong one:pre:ion, it is not much too strong.
What I have said may, however, where there is a mother,
sad Modally as to infants under seven years of age, be sub-
rat te qweliffeation with reference to her rights, crested or
sufard by the statute called Mr. Seri ant Talfourd's Act.
The present petitions certainly is not a petition under that
NC bat I nu,sitt not probably to deal with the proceeding
without harms in mind that were the throe children or, the

two boys placed in the 'nth, r's sae custody to-day the
mother would be entitled to present a petition under the
diktats to-morrow and probably with effect. Whether, how.
ever, as the matter stande, there is here a case for interfering
with paternal authority is, I thibk, an embarrassing quer-
tion. As to the youngest of the three children, • daughter,
the father does not seek to disturb or interfere with the
custody of her which the mother has. Of the boys the elder
Was born in December, 1843, so that he is at pre ant not
five years old. The other was born in 1845. The father end
mother are, and have been for more than a twelvemonth,
firing apart from each other, by her wish, it appears, rather
than his, for he expresses a desire that they should be ter
conciled. lam not persuaded that she has not • good &-
fen°, to the pending suit, if there is one pending, for a res-
titution of conjugal rights. It is not suggested, nor is there
the least reason for supposing, that Mr. Fynn could suture-
fully institute • suit for a divorce, a manse et thoro.
Whether Mrs. F) nn could auccesdully institute such a eta
may be a question. la the month of January last, when
Mr. Fynn 's confinement is the prison of the Rue de Clichy,
at Paris, commenced, the two boys, then in his sole charge
and keeping, were delivered into the care and charge of their
mother and maternal grandmother, and in the same custody
these two children have continued, and. as I think, well and
beneficially for them, continued ever since, subject to such
occasional access of the father ae, under the direction
of a learned judge (I believe Mr. Baron Alderson) has
been, within the last few weeks or days, allowed to him.
It is right to add that the two boys, if on the eccesion in
January last, to which I have referred, the mother, or
maternal grandmother, had not taken charge of them, must
in all probability, as it appears to me, have been exposed to
serious dangers and to extremities of various wretchedness.
The imprisonment of Mr. Fynn at Paris, having in February
been terminated, during a revolutionary tumult. by a forci-
ble breaking of the g_ol, he was enabled to seek the repos-
session 01 his sons ; and he has done so aft, r an inter.nediate
passing through the English court for the relief of insolvent
debtorr, to which, after his French release, he had recourse.
But I may observe that, had order and law not been inter-
rupted in Paris, Mr. Fynn would probably at this mo-
ment be a prisoner there—and, though cot • criminal pri-
soner, yet confined for a debt, in the manner and circum-
stances of contracting which he must (I am obliged to say)
be, in my opinion, considered as having acted censurably and
discreditably. For five or six months next before the
commenceu.ent of the French imprisonment, the two
boys had been in the sole charge of the father,
apart (rain their mother, during which period he
bad them with him in various parts of the continent of
Europa, without a compenion, a nurse, an attendant, or •
servant of any kind, as I collect. Probably he was not able
during that time to take proper care of them, or provide for
their being taken care of in a proper manner. Certainly I
think that in fact (and I mean before the French imprison-
ment) he did not do so; and I repeat that in ray judgment
their separation fron. him in January last was for the two
boys a matter, if not of worldly salvation, at least of the
highest benefit and greatest importance, arid not merely on
account of the imprisonment. If they are now restored to
his custody and guardianship, how is he to educate them—
how to provide them with the care so important to their wel-
lere—how to maintain them t Ido not see and cannot con-
ceive. It is plain, I thi.ik, that he has not at present the
means, nor does it appear to me that there is any probability
that he will have the means, of doing so. To restore the
boys to him will, as it seems to me, be in all human pro-
balsility to consign them to unsettled and ire, gular mch:es of
fife, adverse in the highAst degree to culture, to
discipline, to all, by which they ought to be formed for oc-
cupying • station worthily in the higher or middle ranks, to
Pay nothing of the occasional or frequent, if not constant,
privation of the ordinary comforts, perhaps decencies of life,
in their class of society to which they will, in my judgment,
be very likely (0 be expoe, d. The father has not, nor is
likely to have, a nurse, a governess, a servant, or substan.
tinily a house, so far as I can collect. Some letters from Mr.
Fynn—four at least—have been produced, of which the
authenticity is not in dispute. Theme letters--whether to be
taken as wholly or in part sincere, or wholly or in part in-
sincere, he wishes • portion of one of them at least to be
taken as insincere—cannot, I thibk, be disrewarded in the
cue, either with referehes to the nut, or with reference to
b s statements as to the future. One of the four runs thus :
New Yea'. Day, 1048.—My dearest wife,—ln consequence of the
enclosed from !Mott, lam most reluctantly ennipelled to break my
promise of not again addmesing you. It appears your mother called
on him to say that a visit to her would at present be unnecerwary ; as U
I ever cootemplated any such, and as if Mr. Scott had not previously
invited me to his huspita,le board. But this conduct O only in keep-
ins with her officious and cursed meddling al: through, and makes
me every morning I rise curse the hour I ever allowed you to get into
her clutches. You beg of me never to mention her directly or indi.
rectly, and yet you put it in nip power to do so by allowing this later.
ference, which has already met me a place of Sou /. per annum, robbed
me of my birthright, and now waits to deprive me of my friends.
But the vengeance of God will overtake the maniereaa of your tither,
and my children will curse her to the end of time. Vim know I have
• prison staring me hourly in the face, that my children are without
even their right clothes. and haven't • morsel to put into their
mouths; and yet you, their mother, have not the feeling,
the heart, to rend them a farthing. This time List year I rent you
presents and money to the amount of 35f., and bow very gratefully
you have returned the favour. 161. would save your husband and
children, whom you wrote • few days ago you wished only to save,
and not one sous have you sent. Gracious God, that such unnatural
hard heartedness could exist ; above all, in • woman that Fanfares so
much for those belonging to her I will leave Paris in spite of your
Cruelly on Me nday evening, and on the morning of that day I shall
write to "colt, and thuskard, and Jortlao, about the woman who is
the sole cause of all. I have done everything to oblige and meet
your whale*, toed here Is my reward. I have left fol. hue d' tojou,
and shall wait for a final mower on Monty morning at the Hotel
Carel. I always thought you noble, warm, and generous; bet your
present conduct has altered my °pluton. May God save me and my
peer boys, and visit with his malediction the authoress, of their ruin
—Boner.

Another is thus :
Hotel Canal, 20, Rue de Bohan, Paris, Saturday, Bth.—My very
foolish and misguided wife, I have just seen the prefect du police, LI
well . the lady of the floral de Bath, who Mowed me your very pre-
cious production. A nice wife you are, to write to an botrl•keeper
what your bu-band bad monthly; and what a child she roust think
you, as she dues, to pn•poec to her to send down my children, ac. as
Your letter to the amliarsador, which he forwarded to the prefect,
was ridiculous in the extreme. The idea of a wife writing to any
one for the address of ber husband and children, could only emanate
from the same sensible brain that by its productions has always
damaged me and mine. I find by a letter tom Mr. Carton that your
sister no long. r interferes in the affair, which shows her sense, an
will make me retract every line I wrote respecting her. I will do
Justice where it is due, and vied with every curer More who, I now
learn for the first time, solely deserve lb All your tricks and expom
of my pr. rate affairs will avail you nothing; and if it was not foe
M. de Richermont, my avocet, who, I understand, this day writes to
you, I would have gone down and exposed you and yours to everyone
In Tours. You talk of my only haring Si. a month—pray didn't my
father leave you a elf:eller sum for all the children only, and did you
ever mid them one penny of their money since you received it ?
Yuu know their things have been mixed, and yet you, their mother,
are so cold hearted a• not to release them. You bare a trunk of their
clothes, and yet refuse to send it ; and you have the impudence, not-
withstanding all this, to write of my poverty, caused by your In-
famous mother', letter-writing to my hither, and to beg of etranpre
to send you the boys! If they were to go barefooted you should
never hare them, and all your lies and meanness.w and unnatural and
heard.* conduct will only make me bitterly make you suffer. I now
tell you I have everything prepared to vind.mte my rights. I write
Ws day to the Doyen of Tours. and I will, most assuredly go down
on Monday and take my daughter also from you. I hare now offered
everything to conciliate you, and I have been met with the gravest
hypocrisy, lying, and abuse. I write to Scott and to Mr. Headley,
and ha son.in-law, Mr. Beaver, by this.
- - - -

- -
The Paris imprisonment having commenced on the 11th
of January, as 1 understand, he afterwards, in a letter of the
2nd February to Mrs Ainsworth, addressee her as his best
and his kindest mother-in-law, and asks her blessing—a re-
quest contained also in a letter of the 15th January, which
in full, is thus :
The Prison, 08, Rue filthy, Paris, Saturday IS.—Madam,—
On my battled knew., and from the bottom of my beset, I ash
pardon, your forgiveness-your full and sincere forgiveness—
for all the misery, dsappointment, and unhappiness I bare ever
caused you. I wrote all my hasty letters under severs provocation,
end In a state of excitement that words cannot desenw. lam now
suffering for my folly—for my ingratitude—and God knows what day
will be my last. I will do anything you require to prove the sincerity
of my contrition, and to show you that l am altered more than you
can believe. Fur a week I here lined on bread and water; have lid
neither sh set nor eti chines to put on, end sleep in a room with felons
and robbers—Bre I never see; enil received for the first time mince my
marriage the holy sacrament thi* morning. I therefore write to you
as one who has made his peace with God. and wishes to be at peace
with all. For his take forgive me, and I will be content. No Mr
has undergone mute than I have this week, awl my bitterest Imply
would have melted at my sufferings. itecoocile meta my wife—the
only being I ever loved, adored, and worshipped—and I will
submit to anything to please you. Don't, for the sake of
my darling children, make public our differences; but let
them be healed up, end if ever I offend you or her
more, never, never, never see or write to me. no ill you cane
op
to town and see me, and! will sign any concession you Wee. Ikm
brokenhearted, wretched, sad miserable ; and if I am not restored to
your friendship and reconciled to my darling Em, I will put an end to
an existence that is already a load to MC For God'. sake, toe the sake
ol the Weaned Virgin, come up mid me and pies me your blessing
and forgiveness. lam ruined If you will not cme forward to bring
about this reconciliation, for upon it I take all the hope I here of
hammiess in this life and the next. God will bless you fur your great
charity sad for Winging together them be intended never should be
separated. On my rums I renew this preening, humble, deep-felt
prayer, and may God bless and induce you to grant 4.—Your um/en-
emata son.in-law, Rosser Fee,.
• •

Now, even apart from any question merely of pecuniary
meana, without any reference to Mr. Yynn's solvency or
insolveucy, or worldly prospeeta, without meaning that his
rffidavits, or those ut Mr. Harnott, ought to be disco-
carded, and without being convinced that some at
least of the affidavits made against Mr. Fynn do not
contain exaggerated statements against him, I may, I
think, safely say upon the whole evidence before me
that he is • person to whose guardianship or care every
reasonable man baying an option would strongly object to
intrust a child. I do not certainly say or intimate that a
man's being a highly ineligible person to be appointed to the
office of guardian of an infant establishes the proposition that
he ought not to have the custody of his own children. In
the present instance, however, Mr. lynn's clear unfitness, in
my judgment, to be a guardian of his children it he were not
their father his been exhibited in such a manner, /Vials
hem each causes, and exists in such a state ef circumstanoes,
with respect not merely to his means of supporting the
children, but with respect to that and other important 0011al-
derations, as to render it incumbent on the court, for the
sake of the children, to interpose against their father. I
repeat, however, that I am unable to view the ques-
tion otherwise than as one of doubt and diffi•
rulty, which I say independently of a point in
the case which I have hitherto but slightly noticed, and
'object to which all that I have said must be considered as
uttered. This point is the question, whether the court has
the means of acting safely and effectually. I allude to pro-
perty now, and to property only. Lord Eldon, we know,
has more thin once addressed himself to this consideration,
u to which it is unnecessary to say mon than to refer to'
" Wellesley v. Duke of Beaufort," sad the anonymous ease
cited in "Lyons v. Blenkin," referred to by Mr. Chambers
in his valuable book on infants. Mrs. Ainsworth has ex-
pr, seed a willingues to give an undertaking es to the main-
tenance and education of the children; but I believe I
ought to require either an actual appropriation
of property or income, or aims sorority. I am,
however, disposed to give the petitioners time for
this purpose, and if what shall be done shall be satisfactory
I lured, all things else to remain subatantially se they are,
to make an order referring it to the master to approve of a
scheme for the custody, maintaaaaas, and education of the

infants, providing for a limited access of the father to them.
All, however, at present I do is to direct the petition to stand
over with liberty to apply, fd ra.Ains worth undert king to pre
vide for the proper cars end msiotenance of the children
until (tailor order. It was ultimately arranged the t the
proposition to be made by the grandmother should be sub
mitted to his Honour on Monday next, when the case is to
be disposed of, and that the present interim arrangements,
as to the access of the father to the children, should be con-
tinued, except that the time of such access should be four
hours.

ASSIZE INTELLIGENCE.
HOME CIRCIIIT:7OvILoroan, Auo. 9.

Oyu. S-175.---Before the Lord Chief Baron and Cosunon Jury.

_
SEDUCTION.
BROWN o. YARDLEY.—This was an action brought by
Anne Brown, to recover from the defendant, Joshua Yardley,
compensation in damages for the loss of the services of her
niece, Mary Anne Brown, by reason of her seduction by the
defendant.
Berjeant Shoe stated the cue. He said that she was a
person of respectability although in a humble position of
life, and at the time of Deis unfortunate occurrence she occu-
pied a cottage at a place celled Brock-hill, in Berk
shire, her family consisting of her niece, a young woman
seven or eight and twenty years of age, who was the
unhappy subject of the present inquiry, and a nephew,
who was also grown up. The plaintiff's niece aristed in the
household work, and also earned some money by the use of
her needle, and up to the time of her unfortunate connexion
with the defendant her conduct had been meat irreproach-
eble, and there had never been the slightest stain upon her
character. The defendant was • member of • highly re-
spectable and wealthy family, and at the time be first be-
came acquainted with Mira Brown he war not of age, in
foot not more than 19 years of age; but, notwithstanding
bin youth, he appeared to have acted with great wickedness,
and to have exhibited all the art of a profligate seducer.
In the month of June, 1848, Miss Brown happened
to be at the White Hart Inn, near her own re-
sidence, which was kept by a person with whom
she was well acquainted, and who had been in the habit of
employing her in needlework, and she there saw the de.
feodant, who hal come from Ascot Races, and he entered
into conversation with her, expressed his admiration of her,
and requested to be al:owed to visit her upon honourable
terms. lie, accordingly went the next day to her aunt's
house, and an intimacy sprang up between the young
people. At this period the defendant war living with hie
mother, at a short distance from the residence of the plaintiff,
and he constantly came to the cottage, and was received as
the suitor of her niece, and frequently expressed his ink.-
tion to marry her, reigning as a reason for delay that he
was a ward in chancery, and not being of age he could not
marry until that period arrived. Ihe consequenie of
this continued intimacy mu that, in an unguardi d
moment, the young woman unhappily yielded to his
solicirations, and the result was tic became in the family
way, and in the month of lhcember, 1817, she was deli-
vered ut • female child. The defendant had all along pro.
(eased the most honourable intentions; but having obtaintd
his object, he very soon appeared desirous to break off the
connexion, and shortly after the birth of the child, and with-
out giving any explanation, or even bidding farewell to his
unfortunate victim, he left that part of the c.,untry, and
went to Greenwich, leaving the unhappy young woman •
prey to misery and almost despair. Mies Brown having as.
attained where the defendant was staying, none communi-
cations passed between them, and, in reply to a letter
sent by her to him, the defendant returned the following
answer:
Wednesday Morning.—l received your letter last night, arid take
the earliest opportunity to answer it. It worries rue esceedingly,
lam confined to my bed, and gone this in bed. I trot you as much
as I porailily could, with a prom se of more when I could. My nears
and case you may burn or give William. I mule you I hare not et
this moment a chilling to snare or I would have sent you mere.
What do you wont to leave your aunt for? 1 thought you would nut
on any account port from your baby. You are just going to show
your tuve fur her. If once you leave her she shall come el Greenwich,
and you we no more of her. Any one in the world would forgive me
what 1 have done. If you phase to wait a fortnight I will rend you
something more, and will tell you more then. Don't leave the chtbl--
il you do, it waft fulv when you old you loved her. lam quite
surprised of your writing me w. 11 • letter. If you keep with the child I
will do everything I mu. for you, but you know the utmost I shouln be
Obliged to pay is Ya. 641. per week only. Joel turn that over in your
mind. Did you mewl to taunt me about *ending my things to my
mamma! You may do just as you please. Take the child there if
you like. There was nothing ins my letters of the' same stamp as
yours ; at lemat, they were kind. You know my eirennastances at
preenst as well as I du myself. lam going to London to-morrow
about the loan, and then I will, if you behave right towarvis me, do
what you wish ; but not, if you taunt me about sending my things to
my mother. 1 dare ray you are moat damnably ailment ; at least I
judge eo by your letter. 11 you leave, where Mier you to go to, with-
out money or friends' you will soma find out the difference,
and and there are thousands who wont employment, but
cannot obtain it, and are starving. I give you this ad-
vice as one who, however he may have treated you, realty
I bas your interest at heart. Although I would not marry you, I
with to be on good terme with you if you would allow me. hut
what liar my mamma to do with it t Take the child there to-morrow
morning, and heu what she hat to say to you.—(olgried)
_ . .

---- • •
To ibis letter the following answer was returned by Miss
Brown :
Sir,—l receieed your letter. I will wait the time you state to
know what you will do for baby. You ask me why I leave here.
Can you think I eon stay in • place where I am pointed tat by every
person who would have been frlerale to toe if I had taken their
advi el I con liter I hare quite mental trouble enough.
I have been cruelly treated, even heat by my own brother with
the bubo In my arms. Fur whom have I eutfered all this I For
one whose promisee go to the wind.. You say d l will do right by
you, you will by me. Now, if you will point out to me what is right
I will endeavour to do that, ao having date wrong has made me
wretched. You need not upbraid tee with respect to poverty; we
would all be rich if we could. Though I am p or I am not mean-
epinted ; my heart chill bosh rather than bend. You say you are an
altered being. May Him that formed you grant you may be. Let
e be • lemon to you. Never be the means of another woman's
rebury. I appose I am not the first. Hail you triM me your deci-
Won hoot September I could have to given you, but never for year
having behaved to me m you have moot that. In • &Hennes-place
aequaintance any one would have void I am going to leave—you
say, witheut friend,. I had quite as many aa I hail need in my condi-
tion, and it is not so late in life with me but 1 may have again. An
altered conduct may soon make frieuda —Yours., M. A. Stowe.
The next letter read by the learned serjesnt was one writ-
ten by the defendant, and dated " Greenwich, March 2.3,
1848." It was as knows:
My dearest Mary Anne,—l am sorry —Tee, truly sorry—l wrote that
last letter to you, as, perhaps, you did not mean to annoy me when
you vole of sending my cigara he., to ray mamma. If you did mean
to dew, it is no other than I ought to expect, as I have treated TOU
SO ill, Do, my dear Mary Anne, forgive ale —forget you ever received
such • letter. I will never write such another. It was indeed cruel
of me. You reproach me with not telling you I intended Invii.g till
I left Ilolypurt. I fully expected to fulfil my promise to you,
and had not the slightest idea of leaving till the morning I
came away. You know the diaparity in our age nit
everything else. Yea, though I cannot be your husband, I can still
be your I fiend. Ito you think I could have had any idea of leaving,
and kept it from you! Are you ma satisfied that when baby was bye
I really intended to marry you I I am quite our° that ia after years
you will not regret my determination. You oey you suppose you are
not the first woman I have treated so; indeed you any and bitterly—
very bitterly—do I regret it. It was no common ram of seduction.
Till I left I fully intended to marry you. believe me in this, and then
perhaps you out not think me so hue. I ehould much lie to see
you, ex, pu may improve I atilt care for you. How can we meet I
Can you come to Windsor If so, what day, what time?
If you do nut w .nt to are MC, write, and I will rend
you another nmittanoe. Did I not, my dear girl, supply you
as well as I could with money! You little know the straits 1 went
through to procure it for you. I am quite sure if you ever itut you
still mood me with affection ; and nothing can give me greater Wafture
than to hear from you that you are well. It you can conveniently I
know you would like to see me. If you do OM* toll me the day and
time you will be in Clarence-crescent It will be a very good meeting
pleoe. We CMS then have a talk about the future. Be asoured I still
love you as much as I ever did, although I will not keep my promise
that way. It will be a groat pleasure to receive a told letter front
you--not exactly ,ike the Irat. If you come do nut bring the baby.
Any day will suit me, and any time, as I have nothing to do. I am
quite shocked at Willianeeconduct ; in fact, I have mien thought of
it before. I had written a letter to send to you asking you to forgive
ray sokind letter, but had not posted it when I received your.. lied
bless you I—Ever your affectionate friend, JOSSTA YALOLKT.
The following answer was sent to this letter :
Winkneld, March 25.—Sir,—Your let ter came rare to hand. Could
you suppose that I could think too trilling a thing us seediest your
cigars to your mamma would annoy you. Thom things are of no use
to me—thnt TM my reason. It could be of no CMOs quenoe me she 111
now acquainted with the matter. You speak of friendship. Love and
friendehlp are two very different thinp ; the friendship of one uncer-
tain sa the wind in of httle avail. You ray you would wish to see me.
Can thia be possible! You wish to see one you so bitterly regret an
acquaintance with. I reminded you of the diaparity between on in
the early part of our ecquaintsuice—you should have considered that
then. As to my meeting you at Windsor, my health will not
permit that. I am quite surprised at receiving curb letters fram you.
They must cepa:. the sentiments of mime other pets., and not the
Mr. Yardley I thouxht I hid eo lung known. 1 had before this letter
apposed you had run e affection fur baby, but not to wish to see her
convinces me of that. With respect f to her future support, you will,
perhaps, turn that over In your mind, what you will do by the time
you have stated, which will be neat Wedneirehry. I am truly worry you
should be put to *traitor to inracure melt trifling mime of money for me.
Why had ye* not told me no berare 1 Youhould never have dune
Nat Although sometime. I ha i not money, I had money's worth, or
what could I have done. You appear to think I have had • great deal
of money, I consider It very oiling for the exprone I hate had.—
Your., Mc, M. A. Baowm.
The defendant then sent the following reply :
April 14, 181.5.--Madam I have been away from Oreenwich, have
this day returned home, and found your lrater awaiting air. I think
there was nothing improper in my but it was certainly kind. I en-
I pruned • wish to see you, and it seems you do not feel inclined to
accede to my request. I now forward you half a ravereign for the
nesintenance of your child tor the ensuing month, which to the utmost
the law can conipel me to do. The same shall be enclosed 'to you
monthly.—l ant madam, your obedient servant, Josoca Yammer.
This letter closed the correspondence.
Mary Anne Brown, a good lookieg young woman, was
then celled. She said, the plaintiff is my aunt. In 1846 I
was living with her at Brock-hill, Berkshire. My brother
also lived in the same cottage. 1 used to work at my needle,
and assisted my aunt in the domestic affairs and sled
made butter for her. I ant b :Tame acquainted with the
defendant in June, 1846, and he paid his addresses to me
after that time The tint time he came to my aunt's cottage
he brought me some books, and he then asked permission to
visit me as a suitor. After this time he frequently came to
visit me, but my aunt repeatedly advised me to discontinue
the connexion. The defendant frequently promised to marry
me, and he bought me the wedding-ring, which I now pro-
dace. The brat time he made me a promise of marriage woo
in November, 1846, and it was after that period that an im-
proper intimacy took place between us. That intimacy
occurred either at the latter end of February or
the beginning of March, 1847. It took place in
my aunt's cottage, and my aunt and my brother
were in another part of the house at the time
it happened. I was unwilling to consent, but he placed his
hand over my month, and told me not to be so ridiculous. I
resisted him Ab well as I could, and he said, " Iteannot make
such a material difference, I mean to marry you." Even-
tually he succeeded in eflbcting his object, but it was against
my consent. After this the intercourse was continued, and
I consented to the defendant's whites because he told me
that it could not make any difference then, and that be
would not marry me under I yielded to his wishes. I was
confined Dertuther 7, 1847, with a female child and
the defendant is the father of that child. While I was
in the family way he bought me a wedding-ring and told
me to wear it to induce the neighbours to believethis
I was married, and I did so ; but my aunt knew

the truth. While the defendant was paying his addresses
tome ho told me that he should have 2701. • year from his
father, and that when he was twenty-fiv• years of age he
should have 2401. • year from his grandfather. After the
child was born the defendant repeated his promise of
marriage, but said he could not marry me until he came of
lege; and he gave me small sums of money on different occa-
eions—a few shillings at a time. The whole I have received
from him Is 91. and sixpence. I am still living with my
aunt, and am entirely dependent upon her, as sines this
occurrence I have not been able to obtain any of my usual
employment at needlework. I have seen the defendant in
Guildford during these ageism, and I have been informed that
he is married. The letters that have been produced are
in the handwriting of myself and the defendant. —By Mr.
Chambers lam not sure whether lam now 30 or 31 years
old, but I am sure that I never told the defendant I was five
or six-and-thirty. I may have told him that I was not confi-
dent as to my age, but I believed I was near thirty. I
first met the defendant at the White Hartpublic-house, near
my aunt's cottage. I was acquainted with the landlady, and
had taken two of her children to see Ascot races, and when I
returned I was in the bar parlour with her. The defendant
had also been to the races, and on his return he called at the
Whits Hart to take some refreshment. Ho entered into
conversation with me, and told me he had some very interest-
ing books which he would lend me to read, and he
asked permission to visit me next day, He called
the next day, and gave me some books and introduced
himself to my aunt. After this the defendant came re-
peatedly in the evening to the cottage, anti my aunt and my
brother used to go out of the room and leave us together
sometimes for an hour or two. The defendant used to am ,ke
cigars or a pipe, and sometimes ho had gin and water, and
other refreshment, but I never drunk any gin ar.d water
with him. He used often to talk about his " mamma." (A
laugh.) He always called her his " mamma." I cannot state
exactly when the improper intimacy fleet took place, but it
wails the evening, anti either at the end of February or the
beginning of March, 1847, and my brother and my aunt
were in another room, which was only separated
from the one we were in by a passage. I never
asked the defendant what his age was, but he told me that
he was not of age, and that he was a ward in chancery, and
if he married before he was of age the marriage could be vet
aside. Ile also told me that he should not be of age untit
the 26th February in the present year. I have received
several other letters from the defendant, but I destroyed
them, and I only kept his titters when I had reason to 112-
lieve that he would deviate from his promise to marry me.
Upon one occasion I told the defendant that I should cue
him for the surniort of my baby, and he said in answer thee
he would "cheek Any one one of anything in a court of
justice." (A laugh ) The only offer he has ever made me
was to give half-a-crown week. He used to visit me after
the child was bora ; but upon the 23d February last he en-
tirely discontinued his visits. Up to that time I &keys
thought he intended to marry me.
Mr. W. May, a gentleman residing at Brock hill, deposed
that he had known the plaintiff and her family fur a good
many years, and they Ours a very iespectable character. Ile
ult.o said that upon receiving information of what had or.
marred he recommended them to ea attorney in London, in
order that they might obtain retirees.
Mr. J. U. May, the attorney for the plaintiff, deposed that
upon his attention being cunt d to the mitter by his father,
he undertook to act in it ; but in the first instance be did nut
do so piofessionaly, but merely to mediate between the
p.aties with a view to obtain come compensation from the
defendant. He &coedit gly wrote to the defendant on
the Ilth of April, and he called at his Mike, and witeees
told him that his object was to ieduce him to do what was
right to the family whom he had inured. The defendant
replied that his krona,: was only 3001. a year, and he raked
witness what he should expect him to do, and he told him
he thought he ought to make the m'.ther some small allow.
ance. The defend .nt treated the matter very lightly, and
e was so flippant that witness nag quite disgust d at his
conduct, and told him if he did not behave differently he
must quit the office. The defendant then inquired if 121. a
year would be enough, and 'Mom then asked him what he
intended to do to reimburse the aunt for her expenses, and
whether he hod any intention of carrying out tie promise of
marriage. The defendant replied that he was not of age
when he made the promise, and that if they must go to law
with him, he had an uncle in Italy, and if they got a verdict,
he should join him, and neither aunt nor niece
should ever get a farthing. Witness upon this told him that
he was aware he had money in the funds ; and there was a
remedy with such characters as he was ; and the defendant
them said he would not wive anything, and left the office.
In the course of the conversation the defendant said he knew
that the plaintiff was a virtuous girl, and he was sorry he had
committed himself by his conduct towards her; and he
added that he should have married her, but his fr.ende
adv.se4,him not to do 80.
Serjeant Shee then proposed to put in the certificate of the
marriage of the defendant; but upon Mr. Chambers objecting
On the ground that it was not legally receivable as evidence,
tke document was withdrawn:
Mr. Chambers ilea addressed the jury for the defendant,
and be said before he proceeded to comment upon the facts
of the ease be must requret them to direct their attention to
thereat question at issue between the parties ea this occa-
sion. This was nut an action for a breach of promise of
marriage, but it was an action brought by an aunt to recover
compensation for the loan of the services of her nit ce on ac
count of her seduction by the defendant, and it was for that
loss only that the jury ought to give damage.; and they
ougot altogether to utamiss from their attention all the topics
of aggravation that had been introduced into the case.
Another action for the breach of promise might be brought,
the next day against the defendant, and damages might be
obtained against hint, and therefore the damages its the
present instance ghoul Ibe merely awarded fur the alleged
injury sustained by the aunt.
Serjeant Shce said the defendant was a minor at the time
the promise was made, and therefore no action would lie
against him for breach of promise.
Mr. Chambers proceeded.—lie should contend that on the
present occasion the jury had i othing whatever to do with
the breach of promise, but they were merely called upon
to say what dan.age the aunt bad really sustained, and that
damage he thought they would be of opinion oas very
trifling indeed, when they looked at all the circumstances of
the case. Ile complained cf the topics that had been
introduced to prejudice the case of the youth for whom
he appeared. Youth he must call him, for it was
et sr that at the time the intimacy first took place
between the parties he was not more than 19, while the
young woman whom he was alleged to have seduced was at
all events eight or nine years older. It was all very well to
say that it was the duty o' the jury to protect female virtue,
but he could not help thinking that it was their duty at the
same time to protect their sous, and to see that young men
were not ensnared into improper connexions. What were
the facts in the present case ? A boy of 19, returning from
the races, goes into a public-house to take seine refresh
mint, and there sees a young woman with whom he is
smitten, and he at once declares himself her lover, and
visits her at the house ol her aunt in that capicity.
What was the duty of the plaintiff under such cir-
cumstances) Ought she net immediately to have com-
municated with Ms friends ; and it they did not sanction
his proceedings, would it not have been her duty to forbid
him from coming to the house. Instead of doing this she
permitted the intimacy to continue, and had the imprudence
to leave the young people alone together for several hours,
when she must have been aware what would have been the
almost inevitable result of such a course of proceeding. With
regard to the seduction, he coneidered it mere probable that
the young lady of seven and twenty, who was evidently pew
ward of considerable experience in worldly matters,
should have bt en the seducer, than the boy of 19,
who was innocently talking about his " mammi," and
whose conduct had evinced nothing but innocence and sim-
plicity. As to the statement of his learned friend, that the
defendant bad obtained possession of the young woman's
person by force, it was perfectly ridiculous, and the evidence
I showed that there was not the slightest foundation fur it.
The wily geese/fore vet present, however, was the amount of
loss the aunt had sustained; and he should submit that, if
she had em.ained any damage, it was the result of her own
misconduct, and neglecting to perform her duty ; and that,
if the jury considered that she was entitled to any damages
at all, they would only give her a very trifling amount. 'the
learned counsel then proceeded at considerable length to
comment upon the circumstances of the connexion between
the parties, and he concluded by expressing an opinion that,
if the jury were to give large damages in such a case, it
would act as a premiere to induce persona pl iced is similar
ei,cumetances to the plaintiff to neglect the ex rcise of that
peeper caution which was required of them, and would tend
to give damages to persons who were themselves the occa-
sional the mischief of which they complained.
The Chief baron having summed up, the jury, oiler a
short deliberation, returned a verdict far the plaintiff—
Damages, 2001.

OXFORD CIRCUIT.—MositouTo, Auo 8.
Before Mr. Baron

THS ST. WOOLLAS Al UHUSR.-A Womare SHOT BY A
SoLuinit.—M. Keay, aged 22, was charged with the wilful
murder of Agnes Hill, on the 26th of May last, in the parish
of St. Wool:as, near Newport.—Mr. Greares, hiving stated
the case, called John Mitchell, who deposed : I ant • private
in the 14th Regiment, which has been at Newport since April
lest. We were qaartered in the barracks, and the prisone.
shared my room. When we were quartered at Plymouth I
knew one Agnes Hill, who came to Newport on the 26th of
May. Between 10 and 11 o'clock of that day I saw her in
company with a soldier named Dennis Doherty, coming from
the canteen. I then went to my room, whither prisoner fol-
lowed me. He took the ammunition-box, and attempted to
take oat 10 rounds ; this was an unusual time to take tunmuni-
ti.,n. The prisoner left the room and returned in the course
of three minutes, when my attention was drawn to him. He
appeared to be sponging out his firelock, but Ibis did not
create any suspicion in my mind. He then left the room,
ant: shortly alter I heard the report of firearms, and through
the window I saw a number of our men run in the direction
of Agnes Hill, who was falling. I went and assisted to carry
deceased to the hospital. The next day Agnes was deed.—
Michael M'Guire examined : Am • eergeent in the 14th
Regiment. Was quartered last May at Newport. On the
evening of tke 25th of May I was on guard at the barracks.
The prisoner was delivered over to me for being intoxicated,
at about 25 minutes to 10. He was sentenced to six days'
confinement, with, however, the liberty of walking about
the yard of the barracks. At one o'clock on the 26th of May
c I saw the prisoner. I went into the ard-room and heard
the ensign ask him why he did i and he said to put
her out of the wey, and he war W. . g to suffer for it. I
found one round of ammunition deficient in the prisoner's
cartouche box. Several witnesses were examined, who de,
poseC to the following facts:—There was an acquaintance
between the prisoner and Agnes Hill, which led to an at-
taehment. On the 28th of May Kelly had reason to doubt
her fidelity; he saw her walking with • soldier named
Doherty, and immediately proceeding to his room armed
himself with his musket, proceeded to the barrack-yard
where he had seen the parties in communicettion, and telling
Doherty to torn aside he lilted his musket to the height ot

his hip and shot Agnes in the lower put of the abdomen,
the b.,11 passing out behind. The poor girl lingered until
the following day, when she esuired. Ihe jury re turned a
verdict of guilty, but strongly recommended the prisoner to
mercy. —His b.rdship pronounced judgment on the unhappy
man, sentencing bun to death. He held cut no hope of
mercy, nor could he recommend it.—During the trial the
prisoner evinced signs of deep emotion; when his doom was
sealed by the words of the judge he burst into tears and
sank down t ithausted.