The Express.
London, England, 1849-11-27 00:00:00

THE EXPRESS, TUESDAY EVENING, NOVRMBER 27. 1849.

es bet ark el whisk wand she wee found dead. The
lest elesiba is the blamed= IMO that it was OR paper In-
sped ei parebassat. The oa/ Mot., c. $3, emoted that all
injuseelessla aparisr art aserisughttr should be on pa/ch-
air. It had bra bald that ia all ores of esbeatas the
pos.w saurdnivit." It was murder or lietklag,
indit bets=ilaidgOWS IS "Jerrie on Coroner.," that such
isgasetras should be ea perchanut, and it was so do•
died is " the Yids. Bssvur" (Beat's Pleural the CIOWIIt
alit Agra, the hftelitirte coatarsd so allegatisa
There
statalzrsz,wl odbprima....zaineas
be Skull
used. There wee no dlilrreaee between übition is
surds: and ealicarder, easept that it should state a person
etrildag himself bored el erather party. It was laid down
ie " Hales Plan el the Oretou" that an lequiaiden which
alleged "at de* ehertabila pap." without " preusat"
was bad. The Isgahltra she dhl not allege that the death
took place within a year sad a day, nor did it allege *Pt
there eras a aortal trend, both et which were fatal- °Moo-
t:kw The ellegedea, she.** "is es Uptown" that she
Ad of manse ethrethempla Illi ea& roar boroolf by is.
Sabi; a woes& wee ore bad. inaartalt as II should bane
Mod that the wooed was ahsetal, as it right not hays bre
ariginally mortal, bat have Imam mo attaawardc—Ral• ab-

COURT OF FiCREQUER.—YEerSIDAT.
Memos m Banco.
Pnarr tr. BAIIDISTY.—SIDUCTION.
This was an motion for seduction, tried before Mr. Judge
Williams at the last mixes for Somerset, when a verdict
was reamed for the plaintiff, with 1501. damages. It ap-
peared that Martha Pratt, whose seduction had occasioned
the aides, wee a dressmaker, about P 1 years of age, uniting
at Bispea with her mother, the plaintiff who was a widow.
The dellindant was a silk manufacturer, 'also living at 810,-
ton. A rule to set amide the verdict, and for a new WA, er
to reduce damages heels; been recently obtained ea the
pound that they were extravagant,
Mr. Crowder, Q.C., and Mr. J. Kerslake now showed
auto spinet it. The plaintiff was a woman of 60 ears of
op, of very stews religious feelings, and her daughter, hr
whose seductiim the action was brought, was proved ft be
of an unblemished character until this unfortunate able.
At the trial every effort was made to impeach the yowls
woman's repetition. She was subjected to • rigid WOW
exanstnadek and Insinuations were made that she had kept
company with ether men. The defendant's counsel, who
had bees instraCted to puree that line of defence, after•
wards objected to the esembetieu of a Mr. Coombs, wise
had seied the young wanes he a acesidseable time, sad
wee premed to show that she had suer dewed bona with
the misuse* propriety while in his seer else.
There wen several other Irksome Ifisesefee gredafed is
Ogees, the Insinuations thrown out again* the plaintiff's
daughter ; but their evidence was rejected upon a technical
point of law. Under such tirenntstasom, it could not be
maintained that the damages awarded were so grossly ex.
orbitaat or excessive as to justify the court in setting the
verdict aside. Considering the defence set up, 1501. was
treitresreafiloient compensation for an aged woman whose
had been ruined and her even health greatly im-
-1 =ll by the shock ceased by the defendant's con-
lipeeared the plaintiff soon after she heard
II is seduction was affected with a vomit-
of
, which was attributed (by a medical man
was examined at the trial) to the anxiety
end analtament caused by hearing of the condition in
old* her ilateglear was. The young woman abstained from
telling her metier until she weld me longer conceal what
had essurrod. Bba said her reason for not saying anything
of it wee, she knew "it would break her mother's heart,"
said when she did hear it, it did break her mother's heart.
All those facts were before the jury ; they had an oppor-
In:f observing the young woman's demeanour and con-
saXthe defence set up. No doubt they thought it an
emparation of the offence complained of. They thought the
glens woman wan not a person whose loss was worthless to
her mother, however humble her condition was ; and,
under all the circumstances, the damages were extremely
moderate.
Mr. Baron Parke—The only thing is, what really is it
that the plaintiff has lost? The daughter maintained
herself.
Mr. Crowder—lt is not the mere lose of domestic service.
The plaintiff's fselings were not to be set at nought. She
lost a chaste daughter, whoa* character, until this transac-
tion, stood unimpeached. It was true the defendant met
the young woman in the most casual manner; but there was
nothing to impugn her previous reputation. The learned
judge who tried the cause was of opinion that the jury
were at liberty to take into account the plaintiff 's
staving.. both In mind and body, and to com-
pensate her for the illness which she suffered, If
they were of opinion that it had been caused
by the seduction of her daughter. The court had approved
of the learned judge's direction, and the jury bad, under all
the circumstances, given very moderate damages. This
wee one of that clam of cases In which it was very difficult '
for the court to say that the jury had come to • wrong
conclusion. Linton the damages were beyond all doubt
outrageous or unreasonable, it was very recently held by
this court in the case of " Wakley v. Cooke,' that they
would not ititerfers with • verdict on the ground of
excessive damages. It did not appear that the young
woman bad rewired sums of money from the de-
fendant on the occasions of their intercourse.
If such a suggestion had been made at the trial the damages
should have been 3001. The facts were that upon the first
occasion the defendant put some money into part of the
young woman's clothes, and when she discovered he had
done so, she immediately placed it in the room so that he
should afterwards find it, but she had not accepted of any
money on any occasion. The learned counsel submitted that
'the damages awarded by the jury, who were the constitu-
tional tribunal for that purpose, were under all the circum-
Menus reasonable, sad that the rule ought to be discharged.
Mr. Serjeent Kinglake and Mr. Montague Smith sup-
ported the rule. It was evident that the grounds upon
which the jury found such large damages were their
opinions of the plaintiff 'a religious opinions and humanity
for her, rather than the merits of the ease. She was a parish
pauper, and there did not appear to have been any arts or
solicitation used by the defendant when the connexion took
plus with Martha Pratt in his rooming house. He casually
met her, and without much persuasion she accompanied hiss
Into his counting house, where the seduction took place
without resistance. She was cross-examined, as is usual in
such cues, as to her intimacy with other men, and as her
answer exculpated her, the witnesses tendered to speak to
her character were of course objected to. There was no im-
putation cast upon her ; but, looking to the defendant's
situation in life, and the loss sustained by the p'aintiff, the
damages wen exorbitant. In fact, it did not appear by the
evaidenee that any act of seduction had been committed by
the defendant. If upon such fasts damages so extravagant
were allowed to stand, it would be holding eat • bonus for
such actions. Even the learned judge was dissatisfied with
the damages.
The Court were unanimously of opinion that the rule
ht to be discharged. If the wounded feelings of the
ff were to be taken into consideration it would be
ble to lay down any rule whatever as to the extent of
the damages. If they appeared outrageously large the smut
would interfere ; bat what means had they to judge?
Suppse the deliberate seduction of a young woman
I living with her mother, however poor and humble in life,
with her daughter's prospect. ruined, it was impossible to
I my that even a larger sum would not be an inadequateness.
pensation for the losses sustained. The jury saw the young
woman. They were the proper tribunal as to whether the
facto, coupled with her demeanoar, entitled the plaintiff to
the amount of &maps awarded. They were the constitu-
tional arbitrators, and the caul should not too nicely weigh
the circumstances of a case when a verdict had been found.
There was not sufficient reason to interfere with this
verdict on the grounds that the charges were excessive.
The young woman's character and conduct were before the
jury, who found her so far free from blame that they found
for the plaintiff. Considering the situation in life of the
parties, and all the circumstances order which the seduction
took place, the damages might appear t* high, hut unless
the court was prepared to say that they ought to be merely
nominal, they could not draw a line as to the extent to
which they should be limited. It would be impossible fee
the alert to say whether they might to be 501. or I
1501. If it arpeued the young woman had received
a sum of money from the defendant on his first
baring had intercourse with her, they certainly
ought to be nominal ; however, that fact did not appear dis-
tinctly. If the court could say that the damages ought to
be only 405., then the verdict should be set aside. They
thought they ought to be more than nominal, but they bad
yin jat no means of sus how much. On the entire there was no
for dinar the verdict, end the rule should there-
lor:lei:eddischuged.— ale disabused accordingly.
The sittings at Nisi Prima will commence thh morning
(Tuesday) at Westminster.

INSOLVENT DEBTORS' COURT.—YESTIERDAY.
Swam rum Czar Ooloomesina.
IN TU KNIT= Or PAXTON N!CROLOON.
. . _

This
use Wl'
helm is newt eine an bask. cola wenn.
creditor,wn ea Ike want esawka ValpfailMei ialy sae
a Mr. Mandsia, a labor ; saint. Cooke
Since the home insist swam senate had boatel
the insoliwitli wanamisas with Ik. =is, of Crenorne•
gleam ; mad Mr. Pecan a WM alienator, who bad dis-
t:nand various Ma of the panes, wia exanlan. He
stated that he had eavensid Nishelnathe first ran rent of
6004 Igo take Csonnaetordees, nal.* winter his advances

to BOk (aow a lVttroto about 1,0001.
L mto a own Poalkto k k tab of &mat
tuba km 10 to per oat., dopeadlag oa the characters
of the
Mr.gd submitted that the insolvent had got rid
et bit y property—a share is Creraornegardens—in
Febrwmy in the present year to Mr. Ellis for 4001. and a
salary et
debt.6l. a week, at a time when he was greatly involved
with
TM Chief

aeked the learned counsel
wbeeme Iben was tog sada las is the Matter of the
pezwtegood
wad Kr. Melia was an insolvent at
the time.

—Mr. dOoke was anxious to remove any Impression that
Mr. Nicholson had been actuated by any fraud ; he wu
anxious that the public should "know that such was not the
ewe. The learned counsel was proceeding to adduce the
court, when
The Chief Camheiewa iatoriand. He could noVuy
that there was way =pa Oral of the interest in
Cresernsiardem to
Kr. Curie he to read Nee Hue written by the in-
spinet, ia width he aseliagly amid to his troubles through
bill distowdows. and he hoped he afield in future avoid such
WM. Mid he wield do better lar hhaself. The learned
OMNI NM fi'On poetry which had appeared in a weakly
IMllfsiawar declared the insolvent entitled to the baud,
of the and ordered hiss to be discharged forthwith.

SHOREDITCH COUNTY COURT.—Yzrrasphy.

Boon )li. SUYDAM' row AND • 'CIT.

GILL V. OZDTZ.—FALSI 111,111101131111 NT.
The plaintiff in this ease is proprietor of the Bhdeage
tavern, Stamford-kill, end the defendant, who resides in the
same aiighbourhood, is mansg.ng clerk to an eminent firm
in the City. The damages were laid at 201., and the case
excited extraordinery interest.
Mr. James stated the ease for the plaintiff. On the 15th
of October last a stilly fowl, of the Malay breed, found Its
way into the tlaintirs pounds, sad the plaintiff Oared lt in
his aviary, took every cue of it, and caused inquiry to be
made for the owner. The fowl remained unasked fee until
Sunday, the 20th of Clamber. on which day the defendant,
at an early hour in the wootniag, and in a very offessiv•
manage, demanded posseadoa of the bird. In ormsegassos
of Mr. Oedys's violates the plaintiff refused to ggive up the
fowl till the Monday etemdair, end the debttdent caused
coneldenble tumult end • brie erneourie of parsons to as-
semble la front of the phdatire house. Defendant ulti-
mately went to the back of the premises, end placing a ladder
against the wall, got over into the_plaintife pounds and took
possession of the fowl. Plaintiff remonstrated with him for
the trespass, and on refusing to disclose how be come by the
fowl, defendant gave him into custody for felony, and he re-
mained at the Kingaland station house, in a wretched cell,
the whole of Sunday and Sunday night, although bail to the
amount of 1,0001. was offered. The plaintiff wished to
withdraw the charge, but as it was of fslony, there was a.
alternative but to send the case before a magistrate.
Witnesses in support of the plaintiff's cue having been ex-
amined,
Mr. flerjeant Jones addressed the jury for the defendant,
end the jury, after a brief consultation, gave a verdict for
the plaintiff for the fall amount claimed.