The Northern Daily Times.
Liverpool, Merseyside, England, 1856-07-09 00:00:00

THE NORTHERN TIMES.---LIVERPOOL, WEDNESDAY.

lotion was carried by a majority of one ; Messrs. Hand,
Luff, Nixon, and Satchell, voting for it, and Messrs.
Shaw, Owen, and Woodruff, against it.
Mr. Woodruff, in moving the confirmation of the other
proceedings of the committee, drew attention to this
resolution. He said, at the last meeting of the vestry,
Mr. Satchell made an appeal to the board for support,
under the circumstances of an action threatened against
him by the Rev. Mr. Doyle. A resolution was then
passed, authorising the finance commtttee, if any further
steps should be taken, to refer Mr. Doyle to a solicitor.
The finance committee took the matter into considera-
tion, and by a majority of' one, decided upon recommend-
ing the board to support Mr. Satchell. Now, for him-
self, he did not think the board was justified in appro-
priating money collected for the relief of the poor, to
any such'purpose. He could not say that Mr. Satchell
was doing, as a member of the vestry, that which the
law would support him in, in the dispute between Mr.
Doyle and himself, and therefore, believing that they
had no authority, and that the law would not bear them
out, he should refuse his support to this proposition.
Other gentlemen, of course, would take their own views
noon the question, and he should new only ask the
Chairman whether he thought, under the circumstances,
the vestry had any authority to support Mr. Satchell. Mr. Conway, (barrister), presided in this court. There
The Chairman : The question being put to me, I really were upwards of 120 cases disposed of, most of which were
must say that it is a legal question, and ought rather to undefended.
he put to the auditor, whether he would pass the account, CLAIM FOR TUITION.—Mr. James Sheridan a man of
and to the churchwardens themselves, whether they
rather '. seedy" appearance, sued Mr. Purdue,, a general
would sign a cheque for the money, and make them-
dealer, of Church Road, Old Swan, for the sum of five
selves responsible for the money. My private opinion
shillings. The plaintiff alleged that the defendant had
is, that the auditor would not pass the amount, agreed to pay him five shillings to teach him the "real
Mr. Wise said, the clause in the act of Parliament Irish language" in six lessons. In fulfilment of this
would justify the board in adopting the recommends-
engagement he had given the defendant one lesson in pro-
tion. nounciation, for which he had received a shilling, but after
Mr. Luff moved the confirmation of the whole pro-
that the defendant declined to take any more lessons, and
ceedings, inc'uding the recommendation. He said he
had kept out of the way, so th it he had not been enabled
attended the meeting of the finance committee, and It to get the balance that was due to him, hence the present
was his impression that Mr. Satchell had a right to be action to recover the amount. The manner in which the
defended by the board. He thought the act of parlia-
plaintiff gave his evidence, speaking in a very peculiar
ment would warrant the board in doing so
Irish brogue, frequently elicited bursts of laughter from
they did not do so no member would be safe. Mr,
the persons assembled. The defendant most emphatically
and that if
d
Satchel' merely discharged his duty as a member of the denied ever having entered into such a contract as the
school committee, upon which a gentleman took plaintiff had stated, being perfectly satisfied that he did
n
umbrage, thought his character had been assailed, and not require any instruction in the Irish or any other
brought an action, with the condition that if Mr. Satchel' language from such a man, and stated that he had
out of
would make an apology, and say he did not mean what mere charity frequently relieved the plaintiff, and had once
he was reported to have said, the action would be with-
had a book from him for which he paid the full value.
drawn. Now, Mr. Satchell did all that he was requested
His Honour, as the plaintiff could not give better evidence
to do, and more. He made a full explanation, which of any agreement having been made, gave a verdict for the
went through all the papers, instead of merely appear-
defendant.
ing, as was required, in the Daily Post. This should have A COUNTERFEIT CROWN.—In this action Mrs. Ann
satisfied Mr. Doyle, if he were a reasonable man, but it Davis, of 29, Summerseat, off Byrom Street, was the
lainti ff,
ch Oa Ray Inn,
seemed the matter had resolved itself into a money
pWhiteapreland , Oxley the of theas V3e defendant. T ailwhis claim was
question now. Mr. Satchell was now told that
thought that if he
paid £5 he would hear no more about it.
also for five shillings, and arose under the following
it was the duty of the vestry to defend their member circumstances :—Mrs. Davis stated that on a certain
against such proceedings, otherwise no man could day (not mentioned) she, accompanied by a female
discharge his duty fearlessly and fairly. (Hear, hear.) friend, Miss Catherine Hughes, went to a provident society
Mr Hand seconded the confirmation of the whole
for the purpose of depositing and drawing a certain amount
proceedings.
of money. After leaving the office, they called in at the
Mr. Denton thought the board ought to meet this defendant's vaults for the purpose of having a glass of ale
question in a liberal s irit. If he knew an each, and for the payment of which she tendered a sovereign,
liberalism, it was freedom of thought, freedom ythin
of speech, about
and received in exchange a half-sovereign, a crown, half-a-
crown, and two shillings and threepence. Upon examining
and freedom of action, if necessary. They, as a vestry,
ought to support truth and expose error. Mr. Satchell the crown piece, she discovered that it was a bad one, and
had done no more, and from all he (Mr. Denton) had acquainted the defendant's wife of the fact; but she denied
learned, he had spoken only what was true, and endea- all knowledge of the coin, and refused to take it back again.
voured to expose what was error. He thought the 'I ho present action was brought to recover the amount.
mibnoasdtth
money,
ootsniiietliy.v: luya
videsrernHiinegodnttohhuaartt, fishheehhaadd
however, onlyg teenav
gave
one
board ought at all times to support one of their own
crown`plaiMrs.n tEi
plaintiff
piecei a
ll se
body, provided he was right, and he believed Mr.
d d verdict
noto ffoitph,ete an plaintiff,y blameat the same stahmee
defendant,time observingthat
o, in
thehe
Satchell was right in that instance. Upon that ground
he contended they ought to support him. This action,
he believed to be but a foretaste or foreshadowing of
for business might have taken it, and not recollected
what was looming in the distance. if they did not the hurryfact it was clear
.that the plaintiff could not (without
make a stand somewhere. Their mouths would be for
she had stated that which was a direct falsehood, which
there was no reason to believe,) have received it from any
ever closed, and there would be an end of free dis-
other person,—besides, a witness, who was with her, had
cession. He was sorry to see members of the board
who advocated liberal principles desert another member
upon such an occasion as this, and lie hoped that every 6
corroborated her statement.
member of the vestry who had the spirit of liberty about
him would come forward and support the recomtnenda-
tion. (Hear.) As to the Act of Parliament, any construc-
tion might be put upon an act, according to the personal
views and the bias each individual might have. He had
heard it said over and over again at that board that a
coach-and-six might be driven through every act which
had been passed for the last century. He called upon
every member of the board to support Mr. Satchell
under the circumstances, either by a public vote or by a
private subscription; but in especial he would urge that
it should be taken up by the board in its collective
capacity as a public question.
Mr. Critchley supported the recommendation.
The Chairman having read through the clause of the
act, and observed upon the different construetians which
might be put upon it, remarked that he could not hold
the position that any member of the select vestry had a
right to get up and say an) thing he pleased with regard
to any individual outside and be borne harmless by the
board. If Mr. Satchell really had meant what was
imputed to him, he should have considered him guilty
of a very heinous offence and crime, and most
certainly never for one single moment would be
have supported him. (Hear, hear.) But he did
not believe Mr. Satchell had the smallest possible inten-
tion in his mind of hinting at such a thing. (Hear, hear.)
He did not believe him capable of such a thing, and,
moreover, he did not believe he would have dared to utter
it in public even if he had been capable of conceiving it.
(Hear, hear.) He therefore acquitted Mr. S itchell most
fully of any such intention, but at the same time he con-
sidered the legal question a very complicated one, and
that the board should be very careful how they undertook
to defend a member in an action at law. (Hear, hear.)
Mr. Whitby thought that after the very full explanation'
given at the last meeting the matter should have been
allowed to drop. At the same time, as it was entirely a
money matter, he thought the best way to get out of the
difficulty was, by the members individually subscribing
the £5, and paying it over to Mr. Noble.
Mr. Wise was quite convinced that there was not a gen-
tleman at that board but one who imputed the meaning
alleged to Mr. Sat chell's worde. It was mentioned to hirn
that one member had remarked that Mr. Satchell's words
would bear the more abominable construction. lie was
quite convinced that Mr. Satchell's mind was not so pol-
luted as to think of insinuating a charge of so abominable
a nature as that which had been referred to by the Rev.
Mr. Doyle since. He therefore considered that the vestry
would shamefully neglect its duty if it suffered a member
to defend himself against such an action out of his own
pocket. He could not agree that they should subscribe
Lb and pay it over to Mr. Doyle, but would much prefer
that Mr. Satchell should defend the action. He was quite
sure no judge or jury would put that construction upon
Mr. Sat chell's words by which it was sought to extort
money from him, or else to obtain a written apology which
might be paraded before the public as au admission that
Mr. Satchell had done wrong.
Mr. Smith said considering that Mr. Satchell had made
the explanation he did, he should feel it his duty to vote
for the recommendation.
Mr. Owen did not believe that Mr. Satchell was called I,
upon to have used such language in discharging his duty ,
as a member of the vestry, and, therefore, he held that
Mr. Satchell must take the consequences, as any other
individual should do. He therefore considered it his duty as an overseer to say that the money could not be appro-
priated.
Mr. Shaw said he had no objection to a subscription,
as he thought Mr. Satchell and the case deserved it, but
he, as one of the churchwardens, would not sign any check
for it.
Mr. Hand : Your refusal to sign the check will go for
nothing.

erect language. Anything in his power he would do to
put an end to such unpleasant litip,ation,,but certainly, as
a guardian of the poor, he would do everything in his
power to prevent the public funds being thus appropriated
(Hey, hear.)

Mr. Bairsiow reminded the board that the two church—
wardens, the only persons authorised to sign the cheques
had refused to do so.

The board then divided, when there appeared,
For the recommendation—Messrs. Satchel], Brancker,
Cooke, Crellin, Critchley, Denton, Hand, Jones, Luff,
Mellor, Smith, Syred, Taylor, Whitby, Wise, and Hast-
ings. 16.

Against it—Messrs. Woodruff, Shaw, Bairstow, Owen,
and Whitty.

The recommendation was therefore confirmed.
On the motion of Mr. Woodruff, it was agreed to accept
the tender of the Royal Insurance Company for insuring
the whole of the buildings and property belonging to the
parish. _ _

The remaining proceedings were then confirmed.
Having disposed of some unimportant business, the
vestry then adjourned.

COUNTY
COURT.-YESTERDAY

TRADE BETWEEN FRANCE AND AUSTRALIA.—We notice
a most gratifying feature in our mercantile advices from
Sydney, which we trust will lead to most profitable
results. A great increase was springing up in the direct
trade of the Australian colonies with France, and it was
likely to receive further augmentations from the more
liberal commercial policy which has been lately adopted
under the present regime in that country. In connection
with this subject it should be borne in mind that since
the Ist of January, in the present year, the import
duties have been abolished upon wool from the Australian
colonies arriving in French ports in French registered
ships. It was expected in the colonies that this remis-
sion would lead to a large increase in direct transactions
with a great profitable customer. It appears that in
1854 about 50,000 bales of Australian wool were pur-
chasezl in the United Kingdom for the French markets,
direct importations from the colonies themselves being
only in embryo. Last year, however, their direct exports
were about 6,500 bales ; a tithe of the quantity pur-
chased in England the previous year. During the first
few months of the present season, however, no less a
quantity than 4,475 bales have been directly exported to
France, an increase indicative of the most gratifying
results for the future.— Australian and New Zealand
Gazette.

EXECUTION IN DMIVAIARK.—CapitaI punishments are
extremely rare in Denmark, and when one consequently
takes place, it occasions an immense sensation. The
announcement that a female under sentence of death in
the prison of Grenaa, province of Jutland (where it is
cert iin there has been no execution for 300 years), was
to be executed the next morning, not only plunged the
whole town and neighbouring country into commotion,
but attracted crowds from a great distance. The con -
demned was a young woman named Gertrude, daughter
of John, a peasant (in Denmark peasants have no family
names), and her crime was murdering her husband by
discharging a loaded pistol at him. When told that her
last hour had come, and that she must prepare to die,
she said that she had no need of preparation, and at once
quietly put on her cap and shawl, after which she said
she was ready. When the moment came to set out for
the scaffold, she refused to be conveyed in a cart, but
taking the executioner by the arm walked there firmly.
Having run up the steps she stood near the fatal block,
listening with great calm to the reading of the text of
her condemnation—a very prolix document. She then
took off her cap and shawl, threw them at her feet, and
bandaged her eyes with her neckerchief; she then knelt
down, and placed her neck on the block. A moment
after the axe fell. The extraordinary calm of the woman
astonished the spectators, who were upwards of 20,000 in
number.

LOLA MONTES AT THE BENDIGO GOLD FIELDS.—The first
spot reached by the lady and the party who accompanied
her in her tour was the Victoria Reef. On her arrival
the flag of the reef was hoisted mast high, and she was
received en masse by the whole of the miners engaged on
the reef, who immediately proceeded to construct a
lowering stage to enable her to descend one of the deep
shafts, but Madame's impatience outgrowing their dex-
terity, she precipitately hurried down the ladder, grasp-
ing the main rope of Mr. Ashley's claim on this reef,
and from whence she made an entrance, scrambling with
dare-devil skill, through intricate passages, over hazard-
ous foot-yielding planks into Messrs. Hussler and Co.'s
claim ; where Madame in this most romantic workshop
took the pick in harrt, and showed she was not ignorant
of either diggers' toil or diggers' skill, till, after a few
minutes' exertion, her delicate wrists failing her, she
naively exclaimed, "I'm not good at this !" Madame
having reached the surface, invited "those sturdy men
who delved for gold," to adjourn to a neighbouring
hotel and partake freely of the nobbler or the spider. The
honour of treating was disputed, the miners insisting
Madame was their guest, and therefore ought to be
treated ; whilst she insisted with equal resolution, that
she being the favoured ought to be the treater, As usual,
the lady having gained the day, the whole body of the
assembled formed a procession, Madame preceding them,
and marched to the British and American Hotel, at Iron
Bark, where Mr. Grant recovering from his surprise of
the sudden rush on the hostelrie, and the unexpected
honour done it by the visit of the Countess, and having
gathered his scattered feelings together, played " mine
host" most satisfactorily, After one and all had quaffed
his glass, three cheers were given for Madame, to which
she replied to the effect that the unwonted interest she
took in quartz mining resulted from the fact of her own-
ing many shares in one of the heaviest companies in
California, to which she would with pleasure report what
she had to-day witnessed, and exhibit the specimens that
had that day been presented to her. The health of Mr.
Coleman, who had attended Madame Montes, was then
drank, to which he replied. Madame Montes and her
party then drove away to Hussler's reef, where the claim
and works were inspected. Mr. Latham, one of the
paitners in this firm, with his men, speedily applied
themselves to the furnishing of Madame with such infor-
mation as she sought, and presented her with various
specimens from their claim. The richness of the quartz
in both reefs she had visited, evidently struck Madame
with astonishment. Not so, however, the mills, as she
frequently exclaimed, " How can such little mills pay ?
A h ! now I see, from the extra richness of your quartz ;
were it not for that, you could not possibly succeed
without mills like those in California." Subsequently,
Madame Lola drove to and visited the puddling steam
works of Messrs Hussler, at the White Hills, upon the
summit of which, when she beheld the water playing,
forced from the gully below, she exclaimed, "This is
grand !" and on Messrs. Hussler and Watson introduc-
ing their partner Mr. Harris, and under the cognomen of
" Yankee Sam," she remarked, "Ah ! I thought there
was an American in the affair." After Madame had
had done not a little in the rake an.l sluice work, and
made a most minute and satisfactory inspection of the
works, the party, deeply gratified, drove to the " Crite-
rion." barely in time for a hasty dinner, prior to the
business of the evening. Madame Lola, greatly fatigued
with the serious work cf her heavy day's ramble, observed
to Mr. Bouran who had been her chaperone throughout
the day, " Really I feel indebted to you, but, oh me ! I
am afraid you have spoilt the spider dance."

Mr. Whitty said in the course of Mr. Wise's remarks
le had referred to one member of the board as an excep-
tion.

Mr. Wise : I meant yourself.
Mr. Whitty : I aske.d Mr. Wise and he stated that he
meant me.
Mr. Wise : Yes, you were the member who put the
abominable construction upon the words.
Mr. Whitty said he was quite willing that. every act and
word of his should be fairly met at that board; and he
should therefore request that when Mr. Wise had any
occasion in future to refer to him, he would name him
openly. On the occasion in question he listened with a
good deal of attention to Mr. Satchel!. The expression
Mr. Satchell made use of then, appeared to him, in the
natural and obvious meaning of the words, intended to
convey an imputation of immorality. He mentioned that
impression to Mr. Syred, whcm he believed to be a friend
of Mr. Satchel!. Whether his (Mr. Whitty's) mind came
under the peculiar category described by the chairman on
the last occasion as wicked and corrupt, he did not know,
but he met some other gentlemen who, whether they came
under the same classification or not, were certainly men
of high integrity, clear heads, and very blameless lives,
who entertained the same opinion regarding the words--
and he did not think it at all improbable that if they were
to ascertain the general opinion of those who read the
words, the majority would say that if the words did not
convey a very strong imputation of immorality, they were
at least very unhappily chosen. That, he thought, even
Mr. Satchel! himself must admit, and the expressions
which fell from the chairman at the last meeting would
show that he also thought the words unhappily selected.
Mr. Satchell had, however, disclaimed any other meaning
than a horror of confession. He did not deny the truth
of Mr. Satchell's assertion at all, nor would he offer any
opinion on the merits of the cane. But he believed that
horror of confession was scarcely a sufficient ground for
the majority of the finance committee to misappropriate
the public funds for the defence of language used by a
gentlemen at that board, having reference to any gentle-
man out of doors. He thought it a virtue of a very
questionable nature, though in the first instance enter-
tained by a very worthy man, Mr. Satchel!. It should
be recollected also, that a horror of the confession was
not altogether confined to men of peculiar sanctity. It
was a horror generally entertained by very great sinners
—e
time oindeed, f
there were scarcely any great criminals, from
th the i enitent thief upon the cross downwards,
who did not he
of confession formaeig felt, no doubt, that a horror
a very strong characteristic of the
SehaeWt ehihlaleidlal natal'
thebef et
questionwoefetnh. rra. t
tn.ooßydiouet.; withhe
Asawould t h
guardiane
leavem e r i t s
ooit
ff
the poor, and of the public money, he should most strongly
join his protest to that of the chairman of the
finance committee against what he believed to be a mis-
appropriation of the funds of the parish. He protested
against converting the public rates into an indemnity fund
to protect members in the use of unfortunate and indis-
ton Palmer.
nothing gr.

FEARFUL STORM

BREACH OF PROMISE OF MARRIAGE

On Monday night our coast was visited by a storm as
fierce and violent as any we have almost ever experienced,
even during the prevalence of the equinoctial gales. On
Saturday evening and Sunday morning, signs of the
coming gale were to be observed. Rain fell heavily, and
the wind blew in strong and fitful gusts. During the
afternoon of Sunday it held up fine, though windy, but
on Sunday night it again commenced to rain, and con-
tinued almost without intermission to an early hour
yesterday morning. Towards midnight on Monday, the
wind began to blow strongly from the N.W. It was
accompanied with drenching showers of rain, and, soon
increasing in strength and continuance, it blew a perfect
storm, which raged with unabated fury until the morn-
ing of Tuesday was far advanced. Several disasters to
shipping have been already reported as resulting from it,
but we are happy to say, that they have not been accom-
panied by any serious loss of life.

In the Mersey, the Naval Brigade, from Quebec, and
the City of Brooklyn, were driven on shore during the
height of the gales, on the Pluckington Bank, off the
Brunswick Dock. The latter was soon got off, without
apparently having sustained any damage, and the former
was got off after some trouble, with the assistance of

six tugs.
The Isaac Webb which sailed from this port with
passengers for New York, on the 7th, went on shore at
the entrance of Amlwick. The crew and passengers
have been saved.
The Affrica, from Bombay, was seen off the port early
yesterday morning, with what were considered at first
to be signals of distress flying. A steam tug and the
Hoylake lifeboat went to her assistance, and after some
time she was taken in to vby two tugs. Her passengers
were brought ashore in the course of the day, by the
steam tug Fury, and it was then reported that the signal
which was thought to be one of distress, was merely one
for a steamer. By a subsequent report, it was stated that
she was in want of an anchor and cable immediately,
and this was followed by one intimating that she was on
ground. From this it was inferred, that one of the tugs
had parted with her to hasten to Liverpool for the
anchor and cable, and that the other boat was unable to
hold her in her course. No danger was however
apprehended.
The Typhoon, which sailed from Liverpool for
Bombay on the 7th of this month, has put back with loss
of mainyard.
The Tribune, outward bound, has been reported on
shore, with loss of foremast, Sc. The report from
Belfast says that a large barque, outward bound from
Liverpool, has been driven ashore near Portstewart, and
that the crew have been saved. This may be the
Tribune.

COURT OF COMMON PLEAS.—SATVEDAY, July 5
(Before Mr. Justice Willes and a Special Jury.)

The Acton, schooner, of Workington, his been also on
shore. The captain has been drowned. A small vessel
has been likewise reported on shore off the north bank,
with signals of distress; and a brig with loss of sails,
off West Hoyle, also with signals of distress flying.
The Adelaide, Potts, from Dublin to Washington, is
reported as having been totally wrecked in Holyhead
Bay, and the master drowned ; and in Carnarvon Bay,
yesterday, a large vessel was seen riding with only the
mizen-mast standing. There was no steamer at the
place to go to her assistance.
In the river here the Harriett, and the Pride, of
Canada, got into collision on Tuesday morning. The
former lost her bulwark, stanchions, &c., but the latter
was uninjured.
The Enterprise, of Kinsale, was reported on shore
near Mockbeggar Wharf, and a large vessel was also
reported with signals of distress flying, outside the N. W.
lightship.
The Victory, which was telegraphed on Monday, was
seen by the Excelsior (a s.), with union down, thirteen
miles off the Bell Buoy. Two tugs were near her at the

SMITH V. WOODFINE.

This was an action brought to recover damages for a breach
of promise of marriage.

Mr. Sergeant Byles, Mr. M. Smith, and Mr. Unthank
appeared for the plaintiff ; and the Attorney-General and Mr.
M. Chambers for the defendant.

Mr. Sergeant Byles said that he bad the honour to appear
for Miss Margaret Smith, the daughter of a gentleman who
was for a great many years in the Audit Office, but who had
retired three or four years ago on a pension. He had
four daughters and a son ; and hie wife having died, he
retired to live with one of his daughters, who had mar-
ried a medical gentleman named Matthews. and resided
in the vicinity of Hornchurch, near Romford. In the vicinity
of Hornchurch also lived the defendant, who was a brewer,
his father having died in 1853, and left the business to the
defendant and his mother. The brewery was a very thriving
concern, and was represented by the defendant to be worth from
£60,000 to £70,000 or £80,000; and in addition to his
interest in that business the defendant was possessed of other
property. He was a young man, 32 or 33 years old, and the
plaintiff was about 21 years of age. The defendant visited at
Mr. Matthew's house, and there be saw the plaintiff, and as
early as June, 1855, he made known his intentions to her, but
she required that those intentions should he communicated to
her father, and they were so communicated. Matters went on
without anything particular occurring until about Christ-
mas, 1855, when it was finally arranged that the
defendant should be the accepted suitor of the
plaintiff, and the day of the wedding was fixed for the
3rd of April. In order to show upon what terms the plaintiff
and defendant were, he read some passages from a correspon-
dence, in which the defendant addressed the plaintiff in the
most affectionate manner, and these letters showed clearly
enough what at that time the defendant thought, and hoped,
and believed. The marriage having been fixed for the 3rd
April, in the meantime the gentleman went in search of a
suitable residence for the plaintiff; and in January he took a
place called Hill-house, and he also ordered a brougham and a
phaeton. On the 17th March, however, kir. Smith, the
plaintiff's father, received this extraordinary letter, indicating
a vacillation and impropriety of conduct perfectly inex-
cusable under such circumstances, when the happiness and
the very life of this young lady were at stake. The letter
was :

" Dear Sir,—For various causes, the affair fixed for the 3rd
of April mast be postponed. I remain, yours faithfully,
" Turmas WOODFINE "
Nothing more than that. Inquiry was made as to the reason
of this, and the reason alleged was that an affront had been
offered to the defendant's family in not sending an invitation
to the wedding breakfast to hie sister, Mrs. Thompson, who
resided in London. The fact, however, was that an invitation
had actually been sent to that lady, and no reason could be
ascertained why the letter should not have been delivered. He
was told that there was no intention to give any offence, and
eventually the matter ended in the defendant expressing his
penitence for what he had done, and lie took charge himself of the
second letter to Mrs. Thompson, in order that there should be no
misdelivery again. The day for the wedding was altered to the
17th of April, and every preparation was made for it; but
before the day arrived, the defendant began to harp upon the
old story. There were various pretexts ; but the principal one
was that Mrs. Thompson had not received an invitation,
though in fact she had received the second invitation, and had
answered that Mr. and Mrs. Thompson could not possibly
come. He also said that his mother did not like the young
lady. The consequence was that the second day fixed for the
wedding went off as the first had done, and no resource remain-
ed but to bring the action which was now before them. It
was an action to which there was no solid defence, and the
only question would be to what damages this young lady
was entitled for the causeless and most distressing conduct of
this gentleman.
Mr. Henry A. Smith, the plaintiff's father, was called, and
said—l reside at llornchurch, and was for a great many years
in the Audit-office. My daughter was twenty-one last July.
The defendant spoke to me in June, 1855, and said he had
made proposals of marriage to my daughter, and she preferred
his naming it to me. I told him my daughter would have no
fortune until I died, and I also said I should wish to see his
mother on the subject, and the defendant asked what was the
necessity of that; was he not old enough to judge for himself?
He alluded to a former engagement he had had with a Miss
Jones, and he entered into some details as to the manner in
which it was broken off. I had an interview with his mother
afterwards, and told her what her son had said, and she offered
no objection. Atter this the defendant continued his attentions
to my daughter, and was reek iced as her suitor. The defendant
looked out for a house for my daughter. Intimately, he took
Hill-house, and was to give £2OO a year for it. The wedding
was fixed for the 3rd of April, and I was to give a breakfast.
After the receipt of the letter in March, I went with Mr.
Matthews, and saw him in the presence of his mother. I
asked him to explain the meaning of his letter, and he said,
"You have insulted my family." I said, "in what manner?"
and he said, in not having sent an invitation to Mrs. Thompson,
his sister. I told him that the letter had been sent, and he
observed that there were various modes of intercepting a letter
on its road. I reminded him that he bad promised to take a
letter and explain the circumstances. He then said, " Mr.
Smith accused me of wanting to serve her as I served Miss
Jones." I said, " Mr. Woodfine, do you want to break off
the marriage ?" He said, "I do not say so—it must be
postponed." Mrs. Woodfine observed, " Your daughter
cannot love my son, far she has allowed him to take a house
at Upminster, and to he so far from the brewery." Mr.
Woodfine said immediately, " Oh ! mother, mother, that has
nothing to do with it." I said I thought Mrs. Woodfine did
not like my daughter, and her reply was, "1 certainly no not
like your daughter;" that she was extravagant and bad tempered.
She said there were plenty of other houses, and referred to
one occupied now by Mr. Denbigh, and let at £3O a year. I
again adverted to the letter that we had sent to Mrs. Thompson,
and I said, " Perhaps by this time they may have received the
letter." He rose up and attempted to ring the bell, and said,
" Oh ! if you doubt my word," and he, in fact, ordered us out
of the house. After that Mr. Woodfine renewed his visits,
and apologised for his conduct. After the 24th of March Mr.
Woodfine called as usual. On the 2nd April he came through
the surgery into the dining room where I was sitting, and
asked if he could see my daughter. I said "No; she is unwell,
and suffering from the treatment she has received from your
mother and yourself." He said "It is a paltry excuse; it is
an infamous lie." I told him I was quite at a loss to know
what he meant—did he mean to break off the marriage ?He
said, " You are a fool, you are a liar, you are a placeman and
a clerk"--(a laugh) —and he shook his fist at me. I told him
I should be ashamed to revert to what his father or grandfather
had been ; and there I was wrong, perhaps. He said he
wished to see my daughter, and I sent up for her, and, before
my daughter, asked Lim to speak up like a man. He said he
wanted to see her alone, and I would not let him. He said,
I must appoint a meeting with Miss Smith," and out we both
went—Mr. Woodfine going before me through the surgery,
and I after him. All of a sudden he slipped round, went
back to my daughter, and locked me in the surgery. (Laughter).
He locked himself up in the room with my daughter. I did
not hear what passed between them. He came out with my
daughter, and his words were," Do you agree to my proposal ?"
My daughter said, "No ; never on those conditions." He
then left the house saving, " She says no' —she says ' no.' "
I said, " My good fellow, she does not say ' na,' " and he
said, " You are a liar," and that is the last time I have spoken
to him.

The cross-examination of this witness was concluded shortly
before five o'clock. and the case was adjourned.
The hearing of tho case was resumed on Monday morning.
The first witness called was

Mr. Matthews, who deposed to the plaintiff's calling on Mr.
Smith, and that at the defendant's interview with the plaintiff
he overheard the defendant say to the plaintiff, that if she
would live in a house in the village, be married in private,
without any of her friends, because his mother could not
forget the insult she had received, and consent that her father
and none of her friends or relations should cross his threshold
after his marriage--if she would consent to that, his mother
would forgive her, and be would marry her." She replied,
" How can I after this," and the door was then shut, the
defendant saying, " There he is again," meaning, he sup Posed,
Mr. Smith. The plaintiff was as good a temper as one could
wish.

Cross-examined.—At the interview betwean witness,
defendant, and his mother, at the latter's residence, he did
not recollect that defendant said "he had asked the plaintiff to
give him a kiss and make it up," and that she said " Certainly
not, for after our marraige they will say I have only had Miss
Jones's leavings after all." (Laughter.) Witness had never
seen any reluctance on the plaintiff's put to afford the defend-
ant that lover's privilege. (Renewed laughter.)
A number of letters written by the defendant to the
plaintiff were put in and read, in which the defendant
expressed his love and affection for the plaintff, and the
impossibility of his ever being happy without her ; and also
the son a joint
the will of the defendant's father, giving
interest in the brewery.

This was the plaintiff's case.
Mr. Sergeant Byles addressed the jury on the evidence,
contending he had made out his case, and characterised the
excuses of insults to the family as miserable subterfuges to
break off the match. The last offer on the part of the defendant
was, he contended, the most disgraceful, in wishing to enforce
terms on the plaintiff that she could not accept, v z , marriage
with entire separation from her father and relatives. It was
clear the defendant had broken his promise, and be had no
doubt the jury would mark their sense of his conduct by
awarding the plaintiff substantial damages, a portion of which
his " ma" ought to pay.
The Attorney-General, for the defendant, addressed the
jury in mitigation of damages. It often occurred that ladies
were of amiable temper when courting, but when it came to
a question of who shall carry the day, then a little of female
human nature peeped ont, and a man in a moment saw that
he was about to take to himself a yoke follow, who would be
disposed to exercise a little more despotic power over him than
would be agreeable. Had the plaintiff been a warm hearted,
generous young woman, and have spoken to the defendant in
terms of conciliation and endearment, instead of standing
out as she :tad against the terms proposed of a ptivate marriage,
in all probability the defendant would have given way. Under
all the circumstances of the case, the learned

- -
General contended the plaintiff had relieved the defendant from
his promises, or if not, that had sufficient time been allowed
between the last quarrel and the father consulting an attorney
(three weeks after), a reconciliation would no doubt have
taken place between them and the marriage consummated. In
awarding damages, should they be of opinion the defendant
and not the plaintiff had broken off the marriage by her
injudicious conduct, as well as that of her friends, he hoped
they would not be misled by the exaggerated statement of the
defendant's pecuniary position.
The learned judge summed up.
The jury retired, and after being absent about half an hour,
returned a verdict for the plaintiff DAMAGES, £3,000.