The Northern Daily Times.
Liverpool, Merseyside, England, 1856-10-09 00:00:00

BREACH OF PROMISE OF MARRIAGE

could not exceed £5O ; whether ttey should be filed ht-that
-snin-,--rn•- at-any less,- and-, if se-, at- how TO u-oh—less,it—waslar.
The plaintiff in this case was Miss Eleanor Hewitson, the jury to determine. The jury, after deliberating about
an inter( s ing looking young woman of 21 years of age, and five minutes, found a verdict for the plaintiff ; damages
the defendant Mr. Isaac Rawson, chemist and druggist, £5O.- -The announcement was -received by the crowded
'Strangew'eTS, Manchester. The action -court .with.an audible expression of approval
\Bird! 41701'4 hi3tll jilt: itnlages'Manchester City Record C )urt, and the
-01aintiff laid her damages at•s6so. M. Cobbett and Mr.
Sanndtrs, ' instructed by Messrs. Cobbett and Wheeler,
solicitors, appeared fOr the Plaintiff ; and Mr. 'Wheeler,
TO THE EDITOR OF TIIE NORTHERN TIAIgS., , ,
instructed by Messrs. Atkinsons, Saunders, and Last, for
.Sir,—lf you, or any of your correspondents, cri'gi';e
the defendant. The plaintiff, along with her father and satisfactory answers to the following queries, the minds
mother, had occupied a portion of the premises rented-by of many of her Majesty's liege subjects will be set at rest,
Mr. Brown, chemist and drwzgist, Strangeways. A short and much discussion, and speculation, and wonderment,
time after they went to reside at this house, the defendant will be put an end to :
engaged with Mr. Brown as an assistant. This was in First, as to the LIONS at St. George's Hall ! What is
December, 1354. About a month afterwards the plaintiff their purpose. and what do they mean ? or rather,
was attacked with a sick headache, and the defendant made what do the people mean who chiseled them ? [Never
aand
many enquiries about the state of her health, and asked to mind what, or
setwho
thereelse,a
iss
chisel'd in this matter.]
be allowed to see her. Her mother refused the request,
caricatures
y a g
assred
lof some
rgross
s s sort,
and said that any message to her daughter must go through Thatthere they arel2
canb
be
0 doubt. They are
insulting caricature of the noble beast—for no lion, either
her. Subsequently he asked Mrs. Hewitson's
permission
" sneezing," or snoring, ever had such a phiz ! Some
to pay his a tdresses to her daughter, which was granted, think that, in waggery or spite, they are contrived as
on the condition that she saw nothing to object to in his caricatures of the JUDGES ! It is even said, that the
conduct. After paying his addresses for some time to the supercilious one, at the outside corner, is meant for Mr.
plaintiff, he told her mother that he intended to marry the Baron Bramwell, and that close to the hall, for Mr.
Plaintiff, and take a place of business for himself. Mrs. Justice Cresswell. Can it be that the authorities dare
Hewitson told the defendant that her daughter had no thus to insult the Queen, through the judicial ermine—the
money, an.' that she had none to give her; to which the representatives of her Majesty? This is a grave question,
defendant replied that be was satisfied, and only wanted her and should be gravely answered.
daughter. as to the FIGURES which are stuck upon the daughter. About the commencement of this year, he took Then,
are they for? Some think that, in envy of
gate-
the shop which he now occupics in Strangeways, and con_ Posts—what
enius of him who contrived the stately edifice, the
tinned to pay his addresses to the plaintiff, and finally are gmeant to bring the whole pile into contempt and agreed to marry her on the 13th July last. In proof of this, he ridicule ; others imagine they are placed there for sale !
wrote the following letter to Miss M. A. Hewitson, sister to If so, the committee have certainly chosen for them a
the plaintiff, then residing at Morecambe Bay, with her uncle very public and prominent position ; and I would advise,

TELE LIONS OF LIVERPOOL,

Dear Sister,—l suppose Eleanor has given you our inten. in
order to facilitate the disposal of them, that hawkers
or criers be stationed near them in the street, to shout
lions next Sunday, and, if it is really possible, we shall be
out lustily, all day, "Images! Images ! Buy any images !"
most happy for you to come, say next Saturday at. latest. They might also have good, bold, shopkeepers' tickets
We will have no denials from uncles, but do come. lam appended to them thus:—,, This beautiful figure, only
very short of time, as the post is due, and you will get this 165." " Quite Now ! 241." " Newest Design, 305," and
by Thursday morning. Accept our love to you and uncle. so forth. In fai.::l-- sf this plan, after a month or two,
Yours affectionately, J. Rowsors.—Try to read this scribble. what think you of getting up a MOCK AUCTION ? Any-
After this letter had been written, a license was obtained thing to get them (IF our hands ! On this plan there, would certainly be a "sell" of some sort ! By continuing
and arrangements were made for the marriage to take place to rail, we may yet get rid of the railings, sweep away the
on the 20th of July, as it was inconvenient to both the whole obstruction, and get the " powers that be "to undo
plaintiff' and de'endant that it should take place on the 13th. their JOB.—I remain, sir, an admiring—which means a
All the preliminaries were settled, and the marriage was wondering--gazer at THE CANDLESTICKS
fixed to take place at a quarter to ten o'clock on Sunday October 4, 1856.
morning, the 20th of July, but about halt-past eight on the
previous Saturday night, the defendant sant for the plaintiff,
and told her that the marriage was broken off, as be had
received a letter from his uncle forbidding him to marry.
The plaintiff, who had previously given up her business as In our journal of Sept. 6, we
dressmaker, returned home and apprised her friends of what published some remarks
on Mr. Clare's improved description of girder for use in
had taken place, and in consequence of defendant's conduct, the construction of iron ships. We have since received
it was alleged she had lost a great portion of her business several lengthened communications upon the subject, but
connection, besides being in a bad state of health ever since. as we necessarily confine all such correspondence to a
On the Monday, Mrs. Hewitson, mother of the plaintiff, limited space, we can give an abstract of them only,
went to the defendant's shop, and said that she wished to although, did space allow, the entire might be worthy of
many losses
9nps, with ones,
o arises
r only ilsactsesyoelealrys, from
as
om
have a little quiet talk with him. She asked him what was insertion. Mr. Clare contends that the real cause of so
p increasea re d
n t h those
sizeo se
oo
ff
the reason of this great disappointment. To which he
ps_s were put the same fastenings and appurtenances
intoa vessels of small tonnage. An eminent
compared
replied, " I cannot tell the reason, but it is done away with
for a while." There had been, he said, two pounds burned
ht
that morning, and he was quite prepared for any course shipbuilder in the United States informed him that the
which the plaintiff's friends chose to take. The two pounds Americans were past their strength in wooden ships, and
referred to the price which had been paid for the marriage that there would be no more large wooden steamers built
license. On the 24th of July a letter was sent by Messrs. in America. No tr ele ever suffered more from bungling
Cobbett and Wheeler, the plaintiff's solicitors, to the defen- than that of iron shipbuilding, purely arising from agno-
dant, stating that they bad been informed by Miss Eleanor ranee on the part of those following the avoca• ion, and
Hewitson to proceed against him, and asking the name of not being mechanical shipbuilders; and, on
.the othero
his solicitor, that they might obtain his undertaking to act hand, from the prejudice of the wooden shipwrights, who
for him, and to whom they might send process. On the alarmed9...7!eon only
s as
et l itsbu clashing sohti
iron
n with,
that. canatair come within
same day the defendant wrote a letter, of which the follow .I.
the meaning of of the word ship, for safety to life and
Inglis a copy, to the plaintiff : July 24, 1856
property, is the British and North American royal mail
Eleanor Hewitson—Madame,—l sent this morning to see steamer Persia, of the Cunard line. The construction of
you, and Ellen has had the door closed in her face. I now this vessel is not all that Mr. Clare desires, but
.taking
inform you that my affairs are placed in another person's
from her
at
tr
everyls
her sthraigohoto.fintuddoiona, he has no doubt she has resistance
1 &amino., which crosses the vertical
hands, and demand immediate payment of the money you owe
4 ft. Ile considers this was the essential
ins. I have Ellen as a witness for the first £l, and again for frame
wich from collan, when se sp the second £3. The £2 lOs I lent you must as well he paid,
po
theint icebehrg in two onrevented herher first passagepsi tog the westward
or I shill take proceedings forthwith for recovery. At the the same trip that the Pacific was never heard of after
same time, I further inform you that these are pay intentions leaving Liverpool. The Persia was going twelve knots an
previous to taking a course of law. I sent Ellen that you hour, and was brought to a dead stand, when she divided
might come to me, that I might open my mind with the the iceberg as easily as splitting an apple with a knife;
fullest particulars of the case from beginning to end. All that such was the shock, that persons who were asleep aft
remains for meto say is, that lem well prepared for any further were thrown out of their berths. Much allusion is made
and
dafrodr to motive
pil rpopsoewiheer, the
vessel wind
-winidll
beprovided proceedings you wish to take. The amount owing by you to to the Great Eastern and Great Britain, and Mr. Brunel's
me is £6 10s, which must bo paid, or the law may take its remarks with respect to the former are quoted :—" With
course.— Yours respectfully, sr pectfully, Isaac Rowso,
will
lbe
m ad
withseven
e ,it available,
Enclosed with this letter was an invoice, of which the fol. masts. The centre masts will be the principal ; these will
lowing is a copy : be crossed by yards, as in a line of battle ship; the other
Miss Eleanor Hewitson, masts will be smaller in size. The sails will be of an
To Isaac Rowson, chemist and druggist. effective but simple character." Mr. Clare then asks if
To lent money for dress.. ..... .. .... £2 10 0 the vessel'is to be propelled, as Mr. Brunel states, "at
To goods
tion in any weather," what sort of a breeze must there be
before it would have effect upon the Great Eastern's can-
vas, even if dead aft on the quarter or on the beam? If
the Great Eastern is to steam 15 knots an hour under any
weather, and supposing the wind, a hard gale, to be right
aft, it must be presumed she would be able to exceed that
rate under favourable circumstances ; then what use would
canvas be to the Great Eastern ? If the Great
Eastern is to be benefited by the aid of canvas,
it is evident the masts, with fore and aft trysails,
will be of no earthly use to so large a body,
whether laden or light. If she is to be made use of as a
sailing ship with canvas, any apprentice boy of three
years servitude, if he is ever to make a seaman, will tell
Mr. Brunel that the rig set forth in the prints will never
avail the Great Eastern, "The compartments between
the outer and inner skin will hold 3,000 tons of water
ballast, should it he required." He presumes these are the
side cells, "and they are again closed up in lengths,
varying from 20 to 60 feet." What effect will this water
ballast have upon the sailing qualities of the ship when in
motion ? This moving ballast must have a prejudicial
effect upon her speed, and if moving at a high rate in a
heavy sea its effect will be felt most sensibly.—Mining
Journal, Oct. 4, 1856

[ADVERTISEMENT
IRON SHIPBUILDING

To difference on umbrella
To lent money ..

M 12 10
0 1 6
0 0 3

Balance

42 11 1

In pi osecation of his threat the defendant took out a sum-
mons for the whole amount claimed, in the County Court,
and served it upon the plaintiff. On the 24th July the
plaintiff's two sisters, Mary Ann and Margaret Hewitson,
went to the shop of the defendant, and Mary Ann asked him
to go and sae her sister. who was very ill and very low
spirited. He said, " Well, I cannot, unless Igo against my
uncle. My uncle said I must cut the connection altogether.
I received a letter from him on Saturday night, and he said
I was not to think of such a thing. He cursed me
in the letter, and he was not content with that, but
came himself on Monday morning. He said I
must be mad, and asked me where my brains were,
and he made me burn the license before his eyes." He
added, "It is not to be at all ; it must be broken off, there
is no alternative." lie further stated : " I gave your sister
a lOs to buy her clothes for the wedding. I bought my
sister's clothes, and something for myself, which cost me
about £l2, and I think lam the sufferer." The three
witnesses called, Mrs. Hewitson and her two daughters, all
gave strong evidence in proof of the engagement, and of the
breach ; and Miss Margaret Hewitson said that on Sunday,
the 13th July, she was with her sister and defendant in
Peel Park. He was talking all the while about the
wedding ; and she overheard him say that everyone in the
park noticed them, and said what a nice pair they were.
On being cross-examined by Mr. Wheeler, the witness said
she thought he was rather "eoft," and that she would not
like to have him. The letters which were put in as evidence,
were proved to be in the defendant's handwriting by Mr.
Thomas Hulme, assistant to Mr. Brown, chemist and
druggist. This was the close of the plaintiff's case Mr.
Cebbett then summed up the evidence at considerable
length, and commented with considerable severity upon the
course adopted in the cross-examination of Mrs. Hewitson,
the mother of the plaintiff, and her two daughters, which
had for its object to degrade them in the estimation of the
jury by showing that their means were limited. He con-
tended if that were so, the outrage sustained by the
plaintiff was of a worse haracter than it would have been
if her social position had been higher. This action had been
brought, however, not to recover money—that was a mere
symbol -- but in order to clear her character from the asper-
sioue that had been attempted to he cast upon it. He drew
attention to the fact that, at the defendant's instance, the
plaintiff had relinquished her good business, she haiing
a good connection as a dressmaker; and this was a further
reason why the measure of damages he asked should be
awarded to her by the jury. He then passed to the consi-
deration of the remainder of the evidence, and concluded by
asking the jury for their verdict for his client. Mr. Whee'er
addressed the jury at some length for the defence. He corns
mented upon the many irrevelant topics, as he considered
them, which had been imported into the case by the learned
counsel on the other side. The circumstance of the defend-
ant's having withdrawn one of the pleas, that of " imprdpdt
conduct," bad been made an improper use of. The with•
drawal of the plea was by his (Mr. Wheeler's) direction,
for he should be sorry to have the least imputation thrown
upon, the plaintiff, who would go out of court unscathed.
The plea had been put in by the lawyers in the ordinary
course, Its presence on the record vas not even known to
the defendant himself. He urged, in mitigation of damages,
that the friends of the plaintiff knew well the monetary
condition of the defendant, for the evidence of the plaintiff's
mother showed that the defendant had asked her if she could
lend him money to commence business with. And if the
defendant was not in a position to marry at the time, it
would have been much better for both to have waited. or,
as all knew the old adage, "When poverty comes- in at the
door, love flies out at the window." Indeed, it would have
been better for the engagement to be broken off entirely.
rather than that the defendant should have wedded her to a
condition of poverty and reieei Y. There could be little doubt,
however, that if no action had been commenced, defendant
might improve his position and the marriage have taken
place. The wedding was to have come off on the 20th of July,
on the eve of which the defendant said it could not take
!dace, on account of the opposition shown to it by au uncle,
to whose behests he appeared to think it his duty to submit.
The error of the defendant was in fixing a day for the
marriage, not in promising marriage at all--for he (the
learned counsel) hoped it might yet take place. It was a
prudent thing, on the expressed opposition of the uncle, for
the defendant to do what he did—go to the young lady and
tell her that it would be madness for them to marry on the
day they had fixed, for he would only be marrying her to a
home of scarcity and misery, instead of to one of plenty. If
there was no real affection between the parties, then the
lady had lost nothing by the marriage being put off i if the
affection were real, then the union might yet take place.
The Recorder, in summing up, said the only question for
the jury was the amount of damages to be awarded, as the
breach of promise was admitted. The defendant's friends
had conducted themselves veTy bepomingly in court, and he
thought the mother might well be proud of her daughter.
The Recorder then reviewed the various points in the evi-
dence, and remarked it was satisfactory that the plea of
" improper conduct" on the part of the plaintiff had been
withdrawn, there being nothing to offer on that point. The
jury would have to consider the disappointment of the
plaintiff, and her loss of position in life; also the position of
the defendant, who was said to have been doing well for
our or fivelmouths. By the rules of the court, the damages
' •

[ADVERTISEMENT
MELBOURNE WITHIN TWENTY-FIVE
DAYS STEAM FROM ENGLAND.

TO THE EDITOR OF THE ➢LINING JOURNAL.

Sir,—The commercial part of the community in England
and Australia have great cause to complain of the dila-
toriness of the " Circumlocution Office," or ele of the bad
system in vogue respecting carrying mails. Why there
should not be free trade in letters as well as in corn is a
mystery that pan only be unravelled by the " Barnacles"
that do the " tonnage," &c. If trade be commerce, and
that capital interchanged for either produce of foreign
• countries or the manufactures of Great Britain, in the
aggregate it must sum up into pounds, shillings, and pence,
calculated upon time in the commercial world. No matter
whatever be the rate of interest, it resolves itself into time
being money ; and as the odrrenoy of England is based
upon a metallurgic one, with the value ofgold at £3 17s 100
per os., it is too apparent that as the trade with Australia
increases, England must receive the precious metal in
exchange for labour and manufactures; and the nearer
the two countries are brought together in time, the greater
facilities wi I be applied to exploring and digging for the
auriferous nuggets and dust; and so long as England has
her currency based upon the precious metal, a Postal
communication, conducted with the greatest regularity,
ought to be carried out upon business principles of no
secondary character; and as there are passengers and
goods, as well as letters, to pass to and Ili°, it is evident
that a:direct transit is the one that will work to the
greatest satisfaction of all concerned. The route through
France and Aden to Australia is the shortest In distance,
but the drawbacks to it are great there can be no doubt
of. The route, via Panama, is a tedious and sickly one,
and no shorter in distance than round the Cane of Good
Hope; and until Mr. Lionel Gisborne, Messrs. Fox,
Henderson, and Co.'s partner, cuts the canal across the
Tatbmas of Darien, and that of sufficient, size to admit
large ships, it is only idle to dream of this route being one
by which despatch can be given to the transit of com-
merce and passengers.
The route, via the Cape of Good Hope, out and home,
would be about 24,000 miles ; and by this route there
would be no difflulty, with capital, and ap equivalent for
the expense of Carrying the mails, in bringing the postal
time to 25 days each way, as the Great Eastern proves it
is within the range of mechanics to build, in iron, vessels
of large tonnage. The distance can be steamed, if remu-
neration be, extended, either in the shape of a subsidy or a
charge made upon the letters, in lieu of a Government
grant. To do the business properly, in the shortest
possible time, would take vessels of 600 feet long, 70 feet
broad, 30 feet deep, and drawing about 20 feet when ready
for sea, propelled with Daddies and screws, of about 2,000-
horse power. The coal required for the passages would
be about 12,000 tons, and coat about 1'30,000 ; and as boats
of this class would steam upwards of 20 miles per hour,
or about 500 miles Per day, the number of days it will take
to go to the Antipodes may be easily calculated. As for
ally person trying it on with small-sized boats, with small
power and means, it oan never accomplish the great noint
so desirable to be attained. JOHN CLARE, jun.
21, Exchange-buildings, Liverpool, Sept. 25.

PRINCELY EXPENDITURE.—ThO credit opened on
behalf of Prince Esterhazy, at Moscow, amounted to
about 5,000,000 francs (L 200,000), and even this will
scarcely suffice to cover his expenses.
An annular eclipse of the sun took place on Monday,
but was visible only in the north of Asia and America.
On the turd inst. there will: be a partial eclipse of the
moon, commencing at half-past nine o'clock at night.
TILE PRINCE OF WALES IN DEVONSHIRE.--During the
past week his Royal Highness the Prince of Wales has
visited several towns in the West of England, accom-
panied by the Hon. Colonel Cavendish, and his tutor,
fir. Gibbs. On Vi ednesday his royal highness visited
Sidmouth, and proceeded to Exmouth, where he slept
for the night. On Thursday morning the prince arrived
by coach at Exeter, and sojourned for awhile at Pratt's
lLopdon Hotel, after which he proceeded by the South
Devon Railway to Teignmouth. It is rumoured that his
royal highness will visit Cornwall to view the property
of the duchy. The royal visitor travelled in a very

_
unpretending manner, and it appeared to be his Object
to avoid public recognition and popular demonstrations,
for it is said that being recognised at Sidmouth his royal
highness and party immediately started for Exmouth,
Where they stayed for the night.