The Express.
London, England, 1850-04-06 00:00:00

afterwards balsam my wife. The seat dote I ..at, I, and
Ann Ba:mer, an :I the plaintiff, wars at tea at Sheet's:
by Ilmpbeard's ineitaiim, and he accompanied Miss
nester boss.. He renialced in Mies Timmer's
kitchen sums time that night with H • . I
beard his tell her not to asks herself unhappy,
as he should mate het his wife. and no 0 is else. Bbs said,
" That's an old tale, John." Ha answered, "I will do it ;
Ralluarre, yea area wham to it." Ho did not ay Mos.
bat he toil two amt day that he wasted to get a @koalas is
a brat, as he wanted to get married. He was Haar with
his father at that tam. Wbes plastid weal with as to
81epheard's, dasedaat's father rescind her tosifortably,
and Mind her whoa she left. Aaybady mad se* that she
was this is ha fund, war. I was at plastid's falar's
gala two pan after. and Bitspbead still use amnia',
sad was very food of tha child. The child was rhea sloes to
two years old. He said Uit ipliesed God to tabs his father,
ho should take the lam sad .any Harriett Thalia. His
Wm is dead now. Harriett Tbmter was not remit when
Its said this.

—Mary Plumed said—l know Mies Thseer sad Mr
Dlindisard. I remember kis miming to see her. H. ap-
t* pay every atlas*. to Mr sad to be very toad of
I have hams them acquelated for ease years. I was
autos at km eionlaemeat, which took plies ca the Friday.
Blispisard came ea the Sunday. Ho mid to ma, " How is
your mistress ?" I said, "As well as you can Misk for."
tle said, " I should have come before, but thosikt you
would ma let sae cams op to ass her." I said, " Mamma I
should let you have sere op." Hs thou west up, took
hold of her Mad, Mewed her, sad said, " Harriet, dear,
what do you fret toe ?" se eke cried whoa h• west op.
He added, " Lama to make you my wife, and noleedy else."
H. told se to get Mr well se sow as I soul!, and he would
pay ow He cams again ea the Tuesday, and said, "Dear
M Manion, if I slighted yes, you would have same to
feet." After Moyle; es lisp as he liked he west away. He
came very often. He told me mos that ha should marry
her, whoa he had a pima to take her to; he might have
one, ha said, at We father'. decamp. H. was always made
voltam by my mistrals and muter. He said he wished to
Mw the child named flloplistal, as k• 'sweated to .any
the child's mother. TM child was eltristeasd Elisabeth
81sepheard. He was very food of the child, and need to
nurse it. His father hat been dead toss years. Mi..
Theater's brothers married Ili.. Shipboards. Hee father
is a respectable small tanner.
Miss T. aster said that she meet to the magistrates, be-
cause she wanted fittepheard to maintain his own child.
Ann Goddard—l have known the pl 4atill these 20 years.
1 remember Mr. Bhepheard's father's death. I lived with
him some time, thew years before his death. rig.. Harriett
Master came there &Kandy, aid was kindly treated by
the old ma.. His sou now occupies the MINI home, sad
farms the same land ;it omelets of about 300 saes. I re.
member the funeral of Mrs. Elise Thmter, who was a Miss
Shepheard, in February, 1849. I was at the funeral ; the
defendant was there, and asked me what I thought of hlim
Thazter, as he said she was the one t • meant to have, and
no other. The defendant married Mi.. Easton last Joao. I
was staying at kis Imam after the funeral, during whisk
time the einld came este; she called him father, and he
asked her to some and take dinner. H. afterwards asked

--
ma west I thoagttt of his little girl. —~~
John Thaittu-1 am brother to the plaintiff. flhepheard
paid his attentions to my shier 10 or 11 years, and I paid
attention to kis sister. He walked and drove oat with her
trequently. I have bean frequently with her and him to
his father's home' when she was well received. Mr.
Bhepheard married Miss Eaton on the 4th of last Jane. I
was at his home a fortnight Won Michaelmas, 1846. He
said he would marry my sister at any tame he had a home
to take hoe Is, bat he had no home wiffe hie father was
alive. He hr a farm at Stanton, in Saffolk.
Cross-ezamMed—This fine was eight acres. It has been
heavily mortgaged, but I don't know whether it is se now.
Sarah Tkazter—l am the mother of the plainhff. Defeat.
dant constantly came to our house, courting nay daughter.
He left off about a twelvemonth ago, only a short time
before he married Mils Easton.

This coded iti;pfaintillieaM, and a conference flume-
diataly took place between the counsel on seek aide, and
his lordship; the question at iseue being, whether the
evidence supported the count Mid in the declaration as to
the time of the breech of the promise.
His Lordship expressed his opinion that it did not, and
after a farther confer nos of some few minutes,

air. 011/IBey ebserved Se the jury—I am happy
Sep that Ism addled with the serangement that ha been
some to in this matter. Thee. are ease, whisk give rise to
law and disagreeable {equities, and every one will rejoice
that it has hers bees terminated. There is one thing,
however, which I feel, on the part of my client, Called upon
is justice to the plaintiff to my, with revert to the last plea
oa the record. As it was saA in another case here today,
special pleaders often !bluish without any consideration for
the real merits of the cam ; but l am bound to my fully and
plainly that I should never have dreamed of offering to you
any evidence in support of this plea ; aor do I believe
that the slightest evidence could have been offered to you in
justification of the plea on the record to which I have refer-
red; nor do we in the slightest degree stand by It, or east
any such imputation upon the plaintiff whatever.
His Lordship then informed the jury that they were dis-
charged front finding any verdict. Some considerable doubt,
be said, presented itself—there being but one eosin In the
declaration—whether that coact has beta proved. My pre-
sent impression is, that it has not been proved. At the same
time by mine amendment the cause might have proceeded, but
the parties have most prudently made an arrangement between
themselves, by which the character of the plaintiff, except so
far as what has been disclosed is this court, is treed (rem any
Imputation whatever. I myself thought that this oertaialy
was a ow that ought not to be persevered in if the parties
could make an arrangement, and particularly if there was
any doubt as to the pleadings ; for if as arrangement
were made any amendment would be unnecessary.
The only remark I wish to make is that I by
no means concur in the opinion that a venerable
and learned man formerly expressed—that is a case of this
description there can be only coming damages. lam cer-
tainly aot of that opinion ; and I think it is a question (or
the Lary to say whether a legal contract has been entered
into, and whether that contract has been broken : sad if it
has been broker' it is for them to judge (or themselves whe-
ther the whole responsibility, the whole burden, the whole
mischief, and the whole sin is to be divided, or whether the
shame i to be thrown on one party, and all the
Allay and all the pecuniary cinsequencees on the
Case side without any alleviation. I lave made them m-
argin in regard to civil actions generally, but beyond all
illsalot, where such an action is brought, it appears to me to
be essential that the plaintiff should always be in a condition
to prove a legal, val d contract, and that there should not be
mixed up any barggsaia in which there is any portion of
iniquity or Inarality. la this case, however, the parties
have withdrawn the matter from your consideration, and I
think most discreetly. That will relieve the plaintiff from
any imputation, except that which is immediately con-
nected with this cue. Under these circumstances one of
you will withdraw from the box, and the rest will be dis-
charg?d.
A juror was then withdrawn, and the ease concluded.
We naderatood that 401. was the amount of damages agreed
span.

Arm 6.
Caw,' ficoil.—Bcroas Ma. iCIITICI WIORTNAM.
UTTBILINO FOILOID Norse.

John Stanley, alias Johnson, aged 62, woe charged with
haring, oa the 19thtilleesterabor last, at 13houldhant,
felosiout4 uttered. • tea pound, and a forged five
pound, Beak of Eagl notes. A Mr. John Marsh, a
fuser, was at Shothan on the fair day is qtristion, and
offered a sue for sale to the prisoner who, after some
bargaining, agreed to give 171. for the animal, and paid the
amount at an lan, in two Bank of England note., one for
ten, sad one for five pounds, and two sovereigns, endorsing
the Dotes with the sane of " J. Johnston.."At the sane
inn the primer procured ohmage for a 61. Bask of Ragland
note; bat both this sad the 101. note, whisk had
b=id to Marsh, wore afterwards discovered to be
; at that time, however,thoother, 61. note had been
away, and has never been recovered. The prisoner was
fully Ideselled se the man who had uttered the seta. The
joy hew* betaiwed e Mat et (hay, the Waiter re-
marked to tbojelige that ha was 62 years of ap, that he had
beta weetbllllllllL, sad had weer had aoythb. brought
*ohm Wm lean, aad la begged kb briehip to -ameba me
sub any as pewdle Imre his. Hie leadtbdp 'un-
tested the primer to sena pane wargartatiow.