The Express.
London, England, 1853-06-20 00:00:00

tam iintelltgence.

COURT OF QUEEN'S BENCH.—SATURDAY.
MTTHNw •T NIL PuCT.-6voas LOILD CASITBSIL AND •
COMMON Rim
SAY WARD V. GLOV6II.—MOII6 COSTS OF ELIC-

This action was brought to recover 231. 160. f3tti. for work
done. The defend .nt pleaded u indebted, upon which
issue wag iiined.
The plaintiff was a con replacer, and brought this action
for services rendered to the defendant during the last elec-
ting for I'ontefraet. Mr. Stylised, together with a depu-
tation which he had got together, saw the defendant at the
Nornsauton Hotel, when be (the defendant) offered himself
as a candidate fur the borough upon tory principles. He
entered into an explanation of his principles, which were
conservative, and satisfactory to the deputation. The plain-
tiff then came to London to consult with his uncle as to the
probable expense of returning Mr. Glover. Within a short
period Mr. Howard, one of the electors, also came to Lon-
don, end the plaintiff gave him an address to give to the
defendant to get printed. This address the plaintiffaccord-
ingly had printed and published. A few days afterwards
Mr. Howard returned to the country, and the conservative
committee held a meeting, at which it was decided that
there was no chance fur Mr. Glover, as most of the electors
had promised their votes to Mears. M. Mines end Oliveira,
the liberal candidates, and there was already a conservative
candidate, Mr. Lewis, in the field. The plaintiff then
issued an address announcing the retirement of Mr. Glover
and write to his brother, an attorney, who had acted for
Mr. Glover, advising that that gentleman should withdraw.
A few hours afterwards a telegraphic message arrived from
' Mr. Glover, desiring his name might be withdrawn at he
was about to stand for another place. On the 4th July, the
defendant sent a more formal withdrawal, accompanied by
• letter stating that be would pay all the expenses wit
pleasure. When the plaintiff sent in his account he got •
reply from the defendant, stating that be was so ill from the
cutting up which be had got at Beverley, that he could not
give an Immediate answer.
At the conclusion of this case, Lord Campbell asked the
jury whether they thought the defendant had been suffi-
ciently connected with the plaintiff in regard to the work
alleged to hays been done by the latter.
The jury not being agreed in their views, his lordship
des'red that the case should proceed.
The defence was that the plaintiff had never been em-
ployed by the defendant. The defendant, who is a barris-
ter, was called, and from his evidence it appeared that in
June last Mr. 11. Sayward, an attorney, residing in Lon-
don. wbo was the brother of the plaintiff, called upon him
and made a communication with reference to the election
for Pontefract, in consequence of which the defendant
agreed to meet a deputation at Normanton. lie accordingly
did meet the deputation, of which the plaintiff formed one,
and entered into conversation with them on the subject of
his principles, which appeared to be satisfactory. No com-
munication was made to the plaintiff in particular. After
the deputation retired the defendant had some conversa-
tion with H. Sayward, and ultimately he returned to Lon-
don, without having made up his mind as to the course he
should pursue—first baying told the deputation that he
would telegraph his determination to them ; and, if he re-
solved
to stand, send them his address on the following
day. Henry Sayward upon the next day called upon
the defendant in London, and elated that Mr.
Lewis was about to retire from the field, and
that, unless Mr. Glover's address were out, another
candidate would be started. Upon this representation the
defendant wrote an address, and asked Mr. H. Sayward to
have it printed, at the same time stating that he would go
to no expense, and be bound by nothing until he went to
Pontefract. On the following day, having made further
inquiries, he resolved to withdraw, and telegraphed ac.
conlingly to H. Sayward, who bad returned to Pontefract.
So far from having in any way employed Robert Sayward,
the defendant stated that be did not know him.
Lord Campbell said it was for the jury to consider
whether the defendant had ever employed. the plaintiff, on
which point he confessed that the evidence was very slender.
If the defendant were believed the plaintiff's case was com-
pletely answered.
The jury returned s verdict for the defendant.
Lord C inspbell said that he entirely concurred in the
verdict, and must say that this was one of the most im-
pudent demands ever set up in a court of justice.

COURT OF COMMON PLEAS.-SATLRDAT.

SITTINGS AT NMI PAWS IN MIDDIANSX.—Baroas CILIA/ AWNS
Jzavis LaD • tir•cia. JUST.

WH ITZ P.

OF P2Ollllll or MARSTAOI.

The plaintiff in this case rued to recover damages for a
breach of promise of marriage, and the defendant, by his
pleas, denied the promise, and the willingness of the plain.
tiff to carry it out, and also pleaded that the plaintiff had
released him from the promise, and as to 1601., part of the
damage, he paid that sum into court.
Mr. Serpent Byles and Mr. Bovill appeared for the
plaintiff, and Mr. Serjeant Wilkins and Mr. Hawkins for
the defendant.

Mr. Serjeant Byles opened the ease to the jury, and said
that the plaintiff, Miss Caroline Eugenie White, was a
young lady about thirty-one years of age, and she was a
lady of great personal charms, and qualified to mike the
happiness and adorn the table of any man with whom she
might be united in marriage. The defendant, Captain
Field, was a member of the Honourable Corps of
Gentlemen-at-Arms; .he was about forty-five years
old, and the son of Dr. Field, a gentleman of large
fortune, well known in the county of Suffolk,
and occasionally residing in May-fair, but now
liviag in Hill-street, Berkeley-square. Plaintiff's father
was formerly a timber merchant, but afterwards a district
surveyor of Marylebone, and in 1851 he died, leaving a
widow and seven children, of whom the plaintiff was the
youngest. Three of these children were daughters ; one of
them was the wife of Mr. Duffin, a surgeon, of Langham-
place ; and the eldest d tughter and the plaintiff lived with
their mother who was a great invalid, at Westbourne-grove.
The plaintiff was entitled to a small property, she being
possessed of a debenture upon the Manchester, Sheffield,
and Lincolnshire Railway Company for 4501., and she was
also entitled, upon the death of her mother, to one-seventh
share of 5,0001. ; and beyond this she had some slight ex-
pectations under the will of the Rev. Thomas White. The
plaintiff had been acquainted with Dr. Field and hie family
for some years, and in the spring of last year the defendant
formed an affectioa (or her, and in May he called at her
mother's and saw the plaintiff, but as only the plaintiff and
defendant were present at that interview, it could not be
proved what then took place. The consequence, however,
wee that on the 28th May, 1852, the plaintiff wrote to the
defendant in these terms : _

"Dear Captain Field,—l promised to write soon.
Hazing considered what you said to me this afternoon, I
now wish, before engaging your affections, to see you again,
when I desire to tell you fully my future prospects. I do
not doubt my circumstances will change your regard for me,
but I cannot accept your proposals without being fully ez-
plicit. May ILA your indulgence in giving me a week's
time to consider before we meet."
In reply to this the defendant wrote u follows :

_
"18, Queen-street, May•fair, May 26, 1852.
"My dear Miss Caroline White,—l thank you much for
your letter to-day, and think it most kind of you, and that
I should not write more than that I will call on you on the
Ist of June. I would not write in this brief way, but I
think it may give you less pain, and that we can better
talk upon the subject, and I can explain to you what 1
mean. I know I have had longer time to think of it-than
you have, and I hope that I may say, I am, yours most
affectionately, E. Finn.
"P.B. But if I am wrong in writing in this way,l trust to
your kindness in pardoning me for doing so. To-night all
are gone to the theatre, and I am all by myself. If you
wish to call on my sister, I trust you will not hesitate on
this account."

Accordingly the captain called on the let June, and al-
though it could not be stated what then took place, yet it
might be gathered from the surrounding circumstances.
From this time he was the accepted suitor of the plaintiff,
and on the 22nd June the defendant wrote this letter :

" 18, Queen-street, May-fair.
" My dear Eugenie,—The facts are we must live honestly
within our income, and nut calculate on the death of any of
our friends, for that is most horrible to me and to my
father; and, lam sure, it cannot be less so to you; and
then we shall be happy, and my greatest delight will be to
study your comfort in every way. lam anxious to sec you,
and hope you will come as soon as you can, and speak to
my father yourself. at about hall-past 12 o'clock ; but be
AO kind as to write to me and let me know when you are
coming ' • and, I hope, dear, all will be right ; and we must
take each other for better for worse; and 1 think my father
will be kind to us: he is very good. You must be de-
cided and firm. Is not this a curious love letter ? My
kindest love to you, and believe me ever your most affec-
tionate. " E. Emu)."
The result of the intercourse between the partiefwas that

the wedding wee fixed to take place on the lath Jnlylast ;
and on the Sunday Were that event was to take place,
the plaintiff and the defendant went to church and took

the sacrament together. The wedding.c•rds were printed,
the marriage settlement was prepared, the dresses were
made, and the wedding breakfast was actually ordered,
and that at the expense of the young lady. Two or three
days before the marriage day, however, Captain Field's
manner became alteri.d, and he began to hesitate about the
dill•ulty of utveiniug his father's consent to his marriage,
and it became evident that be did not intend to fulfill his
engagement ; but he did not et this time, or at any other,
nor could be, east the slightest reflection upon the charac-
ter of the plaintiff. Nnr, on the other haw., did the plain-
tiff make any complaint against Captain Field, except this,
that he ought not to have engaged her affvetions and en-
tered into this solemn contract with her, unless he had
made up his mind, that, whatever his father might gay, he,
like a man of honour, would fulfilhis pledged word, cost
what it might. As to the sum of money paid into court,
that bad nothing to do with the general damages in the
ewe; but the meaning of it was this, that the plaintiff
having been put to an expense of 2001., in preparing for the
' wedding, the defendant had paid 160 i. into court on ac-
count of that expense, and upon a written understanding
that it should have no effect upon the g 1 damages
lat all. _ _

Idi•s Cecilia White, a sister of the plaintiff, was then
I called. She knew Captain Field well. 110 was in the
habit of coming to see her sister, and he was received by
the family as her suitor, asd was treated with the greatest
kindnees. The 15th of July was fixed for the wedding day,
sad Captain Field and ths plaintiff made out a list of the