The Express.
London, England, 1865-12-09 00:00:00

LAW INTELLSENCE.

COUNT OF COMMON FLEAS.Befoc —DLO
Jostles
. 8.
Minim st Nisi Pries is Londoe.-(e Mr.
Bytes and a (lemma, Jury.)
astrots k KEZDALL.--BESACIt OF Minn or NABBILOZ.
This was an maim= recover damages for breach of
er
•
promise of marrisge, and the defendant among oth
things pleaded that the plaintiff had retained him from his
promise.
Mr. Serjeant Hamitic° and Mr. Butler Rigby appeared
for the plaintiff, end Mr. Digby Seymour, Q.C., mud Mr.
beware for the defendant.
Mr. Serjeent Ballantine said that the plaintiff was •
young lady between 20 and 21 year. of age, and was Pew
sawed be understood of considerable personal attraction ;
she was a lady of unimpeaned honour and respecta-
bility and well educated. She felt obliged to bring this action
against the defendant, who he (the learned acrjeant) was
bound to say, down to the time of his breaking his pro-
mise, was a man who appeared to be every way qualified
to become the husband of • young lady like the pintiff.
Re was extremely veil connected. and was working his way
ii the world in • highly honourable career, the press. ile
had been engaged upon one of the principal provincial
papers, and afterwards became a parliamentary reporter for
• London journal, a position, it might be said, not only of
usefulness but of high honour. The parties made the &a-
quanauts of each other at the latter end of 1863, and
&only at ter a correspondent. commenced between them. lie
would refer to some of those letters, and he would say that,
in his opinion, no living being could entertain • doubt
that • contract of marriage existed between the
parties. The first letter commenced "My dear Ma-
dam," but subsequently warmer terms were used.
The defendant also wrote a letter of considerable length
(which the learned counsel teed) to the plaintiff's brother,
in which be requested his sanction to his becoming a suitor
for the plaintiff's band, setting forth his present posititor
on
and futon proepeots. lie then filled the post of subeditor
of a Hull paper, but expected shortly to obtain an appoint-
ment on the parliamentary staff of one of the Loudon
papers. The defendant talked of the plaintiff's " future
prospects ; but she had no prospects but those of a penni-
less girl. with a mother who had to work hard to support
her family ; iodeed the plaintiff's only prospect was in
forming • good oonnexion. The style of address, of the
defendant soon became "Dear Minnie;" and the jury would
not be surprised to hear that by the end of the year they
had arrived at the stage of " Dearest." (A laugh.)
Amongst the letters read was the following:-"Dear
Minnie,-You have written three letters to me about
my long silence. The reason is, that very extraor-
dinary circumstances have occurred which may cause us
sever to =ease& other again. I have already left London,
perhaps never to return. You may as well know the reason.
When to Hull, and since, during • career of dissipation,
vie, and what is called fast life, I incurred debts to the
am ount of nearly 1.000/. I left Hull because of differences
at home ; those differences have since been trebled. My
father his been in L 'mien some days, and refuses to accept
the reeponaibility of those debts unless
an I will
thle e only glands
Englanemos
d.
The debar lam pledged shall be paid, d
far this to be done is for me to quit these shores. I
intend, if I remain in the same mind, to go India, via Mar-
=Ries, but my plans are not in any way settled. I know not
what to do. I have left London, and when I shall return
I do not know. It is is reference to you that
I feel the most. I told you always I was bad,
but 1 had no idea things would come to this pen.
lam glad, however, you have been saved from the preci-
I
pice, and that you may yet get tome one worthy of you.
cannot dwell upon the subject. You may address letters to
the London address still; they will be forwarded, no
doubt.-Yonrs, in great trouble,
The learned serjeant stated that he was instructed
that there was no truth in the statements in this
THE BROMPTON ilosrirAt PATIENTS AT MADEIRA. letter ; no rumour of any dissipation or quarrel with
—This time last month considerable interest was elicited his family bad ever reached the plaintiff's ly and as
by the departure of the aft oonsomptive invalids selected to to the defendant leaving his country, he hd been conti-
winter in the genial climate of Madeira. The news of their nuously, and was still in this country, family, was be-
side =rival in the Wand, and a few particulars afforded by tiered in respectable emplotment at that very time. In
the letters received by this mail from Captain Erakias conclusion he and the jury, not by their verdict to indict
(H.B.M• Consul) and from the superintendent, will be ruin on this young ciao, but still to award proper damages
clay lass interesting. The steamer Maria Pia, whose to the lady who had had her feelings so cruelly trifled with.
ond cabin was filled by the patients, sailed from Lo at Mrs. Elizabeth De la Hunt, the plaintiff's mother, said
ae
at 2 a.m. on the Btb November, arriving at Lisbon at 10 -In 1863 I was residing at Groombridge, near Tunbridge.
km. on the 13th, having had • fair wind sod fios weather wells. The plaintiff will be 23 next March. I first saw the
the whole way, though a rough sea. la crossing the Bay defendant when he visited my house in March, 1564. He
of Biscay they experienced a heavy gale. To enable the cams es my daughter's suitor. He continued visiting my
invalids to recover from the effects of this, the superin. hones until July or August in the same year. At one period
shore at thought it adviaable to give them leave to go on he remained at my house for 10 days. Sly son was an
shore at Lisbon for • short time, which did them a great auctimiete at Tunbridgrawells, and my family were well
deal of good. They left the Togas on the 15th, at 11 km., and known in the neighbourhood. My daughter's engagement
arrived at Madeira on the 17th, at 5.35p.m. During the pas- was also well known in the neighbourhood. The defendant
sage from Lisbon they bad continued fine weather and never gave me any reason for breakieg off the engagement.
oo sea. Oa the arrival of the steamer, Captain Erskine and Crossexamined-I heard my daughter speak of the
Dr. Brandt came on board, received the patients with all defendant's letter, in which he said she was saved " from
possible tidier, and accompanied them to tbe sanitarium, the precipice." 1, don't know of anybody replying to that
where they were comfortably quartmed by 6.30 p.m. The letter, but I presume it must have been answered. I have
invalids were visited the same evening by the Bishop of no recollection of any subsequent correspondence, but my
Sierra Leone, who read &portion of scripture, and offered daughter kept the correspondence to herself.
up a beautiful thanksgiving prayer for their safe arrival fopMomour -Did not the plaintiff object to any pro.
in Madeira. The accounts of the patients' health were need' against the defendant?
favoursble. Although there had been the average amount Witness-I do not know of say objection. No doubt she
of ma-sicknem, no spitting of blood had resulted from it ; would much rather the defendant had performed his con.
but, on the contrary, it was considered that the voyage treat. (A. laugh.) She wanted to clear her character, for
bad J
ape them all good, and cleared their complexions. each • thing casts • slur upon a young lady. He returned
They appeared to have been well cared for on board, and the plaintiff's letters. Ido not know when it was. It
spoke of the kindness of the two stewards who attended must have been after the letter in which the " precipice "
upon them. At the close of hie letter the superiutendent is mentioned, but I have no recollection.
say :-" lam given to understand that the British in. Me. Seymour-Did the plaintiff object to bring the action
habitants in general of Madeira have contributed in upon the ground that it would be • breach of faith after
furnishing the sanitarium. Ihe walls of the rooms are the letters had been retuned ?
hung with most beautiful paintings ; the furniture is Witness-I do not know ; I have no recollection. Ido
first class, and nothing is wanted in that line. I consider, not know exactly bow they became acquainted. I do not
jointly with my fellow patients, that our eauitarium would know of a previous affection of my daughter for Mr.
not disgrace any merchant in London as a residence. We Oswald, of Hull. I do nos know that they made one
all feel truly grateful to Almighty God for His bountiful enotber's acquaiotance by means of • correspondence with
goodness to us ;and for placing it in the hearts of those Mr. Oswald, and exchaoging photogrepbs. Ido not know
who have contributed towards our earthly comforts." Mr. whether the first interview with my daughter mid the
Graves was re-appointed by the local committee as super- defendant was by appointment at • railway station.
intendent at the sanitarium, jointly with the matron, Re-examined-My son has been unfortunate in come.
whoee kindness and constant anxiety for the patients' coal. quence of not baying sufficient capital to carry on the busi•
forts were alluded to in grateful terms. The following nets. The plaintiff and a second son, who is ill, resides
pleasant expression of feeling was signed by all his fellow with me.
patients, and presented to the superintendent at the end of This was the plaintiff's can.
the voyage :-" We, the undersigned, desire to express our Mr. Seymour, in addressing the jury for tae defendant,
heiutfelt thanks to 11r. Graves for the kind sod impartial said that actions for breach of promise of maxi gage differed
manner in which he has discharged the responsible duty of verb materially ; in some no damages would be too high,
superintendent during our voyage. We feel that be has whilst in others reasonable men would think that it was
dooe everything he possibly meld for our comfort and better that the promise should be broken rather thao in
enjoyment whilst on board, and be has drawn our hearts after-life the bitter consequences of an imprudent match
closer to him by his oohs:ilea& and almost parent.' anxiety should be experienced. The defeodaut in this case was
fur our welfare. We therefore take this opportunity, • young man, who had plainly tumbled over head and ears
before leaving the ship, of thus expressing to him our in love ;and so far now from breathing any imputation
sincere gratitude and appreciation of his kindness." Prince upon the plaintiff, he (Mr. Seymour) was instructed to
Alfred was in the intend when the mail left, and it was ex. repeat what the defendant himself had said, that be hopes
ported that his royal highness would visit the sanitarium that the plaintiff would find some one more worthy of ber.
during his stay. This was a love which had commenced in romance, which
had been carried on for long before the parties hail seen
ROBBERY OF JSW ELLERY IN SIIEFFIELD.On each other through the medium of her Majesty's post, and
Thumdfiy night a robbery of • very daring character, in. which was hardly to be expected to come to any satisfactory
solving •a very large amount of valuable property, was cool. conclasion. There was a letter of the 17th October, 1863,
Titled in cue of the principal thoroughfares of the towo. which detailed the circumstances under which the parties
The audacity with which the robbery was planned and met. It was arranged that they should meet at a railway
executed will be apparent from the following statement of station, and he said, " I shall travel in the centre =motet-
facts. It appears that for several days past, a Mr. Davies, ment of a first-class carriage. Oo my arrival you will easily
who is a jeweller in a large wiry of busiseas in Loaders. recognise me blueng tall. I 011016 e dressed in • his& bat,
has been in this town, transacting business with per. • tight fitting cost, and perhaps dark trousere." This waa
sons in the same line. He Liss been staying at the Yellow how subeditors dressed when going to see their WIT loves.
Lion, Old Haymarket, and on Wednesday and Thursday he (Laughter.) "I will only wear one kid glove, and.that on
engaged a porter, not connected with the hotel,
.to wheel the the left band, and on the fourth finger of the right hand you
heavy cues containing his steeples, as he required him about will see a diamond ring. (A laugh.) I will also carry in
the town. On Thursday night, soon after nix o'clock, Mr. my right band an umbrella. This description with the
Davies went to the shop of an old customer, Mr. Schindler. carte de visite will. I think, enable you to recognise me."
in Barker Pool. In the ordinary way of busincia he took Then the learned counsel, after referring to vario passages
his sample cases one by one into the shop, leaving the in the correspondence, said that his case was thins: the last
porter in charge of the wheelbarrow and the other letter of the defendant was • breaking eff of the engagement,
ease.. Gradually the whole of the samples accumulated and he should contend that the fact that there was no
in the shop, and after transacting hit business with the answer to it. either by the plaintiff herself or by any oin
thisf her
proprietor of the shop, Me. Dims, with the help of the family, strongly tended to show that they acquiesced
porter replaced the OWN on the wheelbarrow. Unfortu- course. This view of the eve was also supported by the fact
stately just at that moment it struck him that he hail that the defendant bad retarnel the plaintiff's letters, which
something fur thee to say to his customer, and he rerureed letter, if they had not been dertroyed, would probably show
into the shop, leaving the man, as he expected, in charge tbat the plaintiff had releued tbe defendant f rom his proinise.
of the valuable property upon the barrow. After remaining There du, however ie existeuce core letter from the plaintiff
in the shop a few minutes, he came out, with the intention to the defendant, Which, he suggested, was in answer to
of returning with his samples tetra' hotel. To his astonish- one from the defendant asking for his letters back ; but is
meet be could see no traces of either his property or its unfortunately it bore no date. It was in here terms :- rrIETROPOLITAN BOARD or \YORKS.—The weekly
Peter-
presumed custodian. file imagined that the man had re- meeting of the board was held yesterday at Spring-
" My dear Dennis,-Having left all any papers at
tamd to the Yellow LiOD., and he made the bast of his I borough lam unable to forward you the parcel which you a t
aardens •• Sir .1. Thwaites pretided. A memorid was
way thither. Upon reaching the house, however, he was asked me for, until Igo back again, which will not be for R th rbethe vestry, urpog that
informed by Mr. Lanptaff that the cases bad not yak 1 • week Seymour) -With love, yours affactionately, MINDED." the board should take possession of the site for the new
presented from the o e
been brought back, and he went out, accompanied by theSouthwark muc, and proceed to form the sae
Ile (Mr. added that he would call Mr. Summers,
1 andlord, in search of the porter. On reaching tbe entrance 1 who would show that the statements in the defendant's in accordance with' the provision of the nor pasted ad form
e..
of the gateway they met the man returning, but without latter from Bristol were true. I purpoee. The memorialists stated they hey that it will
raise the level of a portion of the site,
the valuable property which had been left in his charge. Mr. Sunime-I am a solicitor at Hull. The defendant's Ibe neee°Bl" to
He was asked what had become of it, and he replied. ! father is • cabproprietor, and keeps a small public-house.
Didn't the master get another man to wheel it He his two h
suggest that if the formation and lay-
. pretext on his part,. and he was pressingly ', witness asked as to • proposition having ben made to the . • I executed in the parish, an opportuntty would be afforded
for obtaining the refuse earth, Ac., from the sewer
works, for raising the surface of the park where required,
I nog
out of the park should the
f with =mid.
cab.. I know the defendant
, or per ape three , ,_
1 and begged to
down here' " This was, of course, treated as • mere . was in Bristol ; I think about September, 1864. (The I ...nen"-, .
I with the main sewer works now about to be
' after some further inquiry, to accompany the two defendant about that time to go to Bombay ; bat on tech-
gentlemen to the Tows Hall. There hienvieedwa:
oonfrooted with the chief consume, end he wide the =cal grounds the evidence eau not admitted.) The defea-
dant had no means except what be earned r and making and forming the roads therein, and so mate-
, following explanation : -That he had stood guard over •• a par IMOD- really reduce the expense thereof. Mr. Parka, in support
t . l' , . into lordship, in summing up, said that there was)
6O
he em tg wheelbarrow but that the cases were returned . His
tare ammeter.
to it, ao when Mr. Davies hul gone back the shop doubt the promise to marry had been made, and tbe .
;_of ~.....the memorial, remarked that nine-tenths of the pope-
the ....... surrou..._ fog the rite of the park consisted of labour.
Ihe 'midway remembered that he was thirsty, and he went would therefore have to conaidar whether the defendant t
into Br. Gleadall's public-house just below for • glass of bad been released from performing it. If they thought not :en with small mewls, who could sot take their wive,s sad
children into the country. The park when finished would
beer. On coming out of the hone he missed the wheel-bar. then the only question would be one of damage, el th 'be a blessing to such semen. The Chairman said the
row, andcoocluded that Mr. Davies having missed him. had , • 0
amount whin the plaintiff would be entitled to would be , board had taken every step in their power to facilitate the
engaged another man to wheel it down to the Yellow Lion.
Mr. Jackson rightly judged that the story was full of sus- non •a sum as would compensate her for the loss which she ' Proceeding! and take possession ei the land, sad u wee se
hadaints.usshtimeedoshbeyr
otnotaiskuziiolameg 17.0amtoe
ttillebewiadfe
ofa wine
hOdeuiefeti.• they were in legal possession of it they would devote it to
pie
o,
and he ordered the man to be detained. The mini-the public ; but, having regard to the interests of the
, Mon was strengthened when it was found that he bad given hold, : ratepayer., they must not act rashly. A deputation from
an ioaccurate version of what took place at the public. , A jars, jp aired wait ebe emit of this trial would he 1 the vestry of Bermondsey supported the memorial. aod
' house. The stolen property is valued st from 1,2001. to , His lordship
Isaid that they were not entitled to receive ' both doeumeots were reared to the Streets Committee.
1,500/. information on that point. 1 A report was brought up from the Main Drainage CODS-
' VAS on the subject of the new are brigade for the whole
! A DOG ls QuAltArroz.—The Cologne Gazette . The jury, after considering the matter fora short time, an •
gives the following account of a singular ieeident whir& has found for the plaintiff-damages 704 of the =steepen& It defines the districts, and the staff to
recently given rise to some diplomatic sorrespoedene bro. 1
i ~......,-.•-•-00, be appointed to earn out the duties. The greater part of
twain the Dutch .end Promise eothe recommendation were agreed to. Some other business
countess Bylandt, wife of the sew Dutch sinister at - venments' When I THE ColtPourrioN GAB WOIITA—We are re- lof as unintereatieg neon was agreed to, and the board
&rho. deer to join her heehood ems daps eine.. eh, quested te state that the sum of 425,0001. replants the , adi_ coursed.
Prunes cust officers, acting under the regulations made estimated oast of the satire works ad plant, and not of the i FORMS ATTLE.—
C A • to official d
tugan ocn-
,to prevent theme inioratios of the cattle diaens, refused to sit oily. of he proposed nodectakiek I meet just issued there ham bees a large increase (*win to
tee disease) the importation of oxen and cows in
alien her lapdog to pass the frontier without undergoing SHOCKING CASs OR IztrAzencinr..—A dreadful the ea of
this 1864.
the preoseribed quarantine. In van did the countess pro- crime has boo committed at Birmingham by a young the three quarters . year, tom To
test that thou
her favonite nine from Helloed, whore wean named Yeataran. She was delivered of as Wapiti. October the 31st this year the number imported weel7o,ooB
the dreaded disease prevailed, it had sever boo DOW e• 0 Oath child ea Monday, and en Tuesday threw the infant ea against 120,568 in the pletedisi year.
infected cattle, the otnoen persisted in releeteg, sad the aam leaving the home while it wee ensamed. A neigh. O Tug CATTLE PLLOVE.—Untt night's Gazette con-
poor animal was left to nodose its probation. • dinky boor fogad it bunting, and reported the circumstance to bins • umber of noting received by the Clerk of tile
she
eorreepoodnee was the amalgam" after wait!' Ike nee. The manse, wise is in wastody, admits having Council hem the local authorities appntated ander the
she des no ramp* Maned from qusisada. and senereg =be child en the bre, but denies that it wee alive at the orders taaaghtikitlag or raskietiag the notoval el
Ur fief mishser. I oath In
the

MIDDLESEX SESSIONS.
-
(Before the Assistant-Judge.)
'align(' Lennox, • servant, was indicted for stealing
diamond ring, the property of John Gideon, her master, of

_
57, Gower-street.
Mr. Metcalfe and Mr. Collins prosecuted ; Mr. Itibton
and Mr. Montagu Williams defended.
Mu. Sera Gideon, wife of the prosecutor, stided that
about the
prisoner was cook in her service, and had been so
seven weeks. She missed a gold and diamond ring, of the
value of 251. Witness asked the prisoner if she knew any-
thing about it, the reply being, " What shall I do, I
picked it up," and she subsequently said she had thrown it
down the kitchen water.closet. Prisoner left without
giving any notice, or asking for her wages. On the previous
evening to witness missing the ring she was about to
take a bath, and took off her watch, jewellery, ands`
diamond rings, and placed them in a silver
on the dieing room table. After the bath the
housemaid took up the jewellery which badlie
tree,
been
left in the silver boat, and placed the rings on a
on the dressing-room table. The night after, nine rings
instead of ten were upon the tree. Prisoner, upon being
spoken to about it, said she bad swept the dining room, but
did not see the ring. She added, ' Is must turn up, for
who would keep it from such a kind tidy as she (witness)
had been to her and the other servants."
In cross-exmination, witness said she did not want to
punish anyone in her bowie, if she could find the
risod
prisoner said, whenever it was spoken about, that the ring
would turn up. From the moment witness missed the ring,
she said to prisoner that if she would tell witness where
the ring was, she would say no more about
eit,
if when
she said that it would turn up. She askd she
might go, and witness, thinking she meant merely to leave
the room, said yes. Her boxes were not searched. Witness
had uot said so had the
the priaoner as to the other ser-
vants. Witness had the interior of the water-closet taken
out, but did not find the ring.
By the Court—Witness was very anxious to get back her
ring, and said she should out punish any one if it was forth-
coming. She was sure she said, "If tbe ring was toned."
Polics•Sergeant Ellis, 11 D, deposed to tatiog the
weer into into custody, end in conversation she said, "I am
very sorry for leaving the house in the manner I did, but
the so frihtened me that I was beside myself, and I
didn't knowg what I told my mistress." She denied taking
the ring.
Cross-examined—She might have said she knew nothing
about the ring.
Other evidence having been taken it was stated that the
prisonet had nude a confusion.
The learned Judge decided that if a confession had been
made it could not, under the circumstances, be admitted
against the prisoner.
After some considerable argument between the learned
counsel sad the bench.
A verdict of Not Guilty was recorded.

SHOCKING DEATH FR oar STARVATION.
Yesterday evening Mr. Richarls, deputy coroner,
held an inquiry at the Black Dog Tavern, Church.strest,
Bethoal-green, respecting the death, io the street, of
Charles Prosser, aged 43 years. Thomas Cole, 36, Old
Nichol-street, said that the deceased, who was his brother-
in-law, was a furniture packer, but, through paralysis, be
lost his employment in September last. He had • wife and
four children dependent on him. His wife, who was now
in the workhouse laid up with fever, told witness that they
then lived at No. 2, New-court, Spitalfields, under Mr.
Henry Wearing, and that they had lived there five years.
They were, however, unable to pay a sum of either 31. 3d.
or rid. (witness could not remember which), and the landlord
seized their goods and turned them out, and they bad no
place to go to. Mr. Wearing gave them • pot and two
chairs, and they came to witness's house, where they all
lived in one room. They were often without food, and the
wife got fever, and bad to be removed to the Fever
HospitaL Deceased got relief in bread and meat for
the children from the parish, but he tried to
support himself by odd jobs. Some of the children getting
the fever witness also took it, and having to go ioto
the Fever Hospital himself, the deceased was left without •
habitation. Police.constable Briggs, 164 0, said that on
Tuesday he was on duty in Churchatreet, Bethnal-green
when be saw a crowd gathered around the deceased on the
pavement. The deceased was very thin and miserable-
looking. He was so ragged that he bad to wear an apron to
conceal the fact that he had on oolt the remnant oss
f a
trainers. Some parson was giving bim brandy. Wittier
said to him, " Where do you live''" and be answered,
" 1 have been turned out of my lodgiogs at •
house." Witness Witness proceeded to remove him to • lodgia
egg
house in Swan-street, but he died on the way, and before
doctor could arrive. Upon searching him witness found in
his pocket £4d. in coppers, and • " petitioc," in which he
stated binmisfortunes, and from which it appeared that
to he
had got various little sums varying from 2d.
4.1., and in two instances to a shilling—in all 6e. 25. Dr.
F. J. Bargees said that he was called to the deceased, and
found him to be dead. The body was very much emaciated.
The post-mortem examination showed that there wan no
food io the stomach or intestines, and that death had re-
sulted from collapse of the heart from want of food. There
was no smell of drink. George Cole stated that on Friday
lost the deceased's wife came out of the Fever Hospital be-
cause her children had got fever. She met the deceased in
the street by chance, and she remarked " that he was so
cold—that he was as cold as death." Be gave her 20. out
of 64. that he then had. He was a sober steady man,
but slime he was plunged in poverty he drank when he
could get it. Mr. Burrows said that the workhouse people
sent down to bring the deceased into the house on Tues-
day, but they found that he was then dead. The wife and
four children were however taken into the workhouse, and
they were all now dangerously iIL The Coroner having re-
marked upon the melancholy nature of the case, the jury
returred a verdict " That the deceased was found dying,
and did die from the mortal effects of collapse of the heart,
-nosed by the want of the common necessaries of life."