The Express.
London, England, 1857-07-18 00:00:00

ASSIZE INTELLIGENCE.

ROME CIRCUIT.—CHELIISPORD, JULY 17.
(Before the Lord Chief Baron and a Special Jury.)
THE QUEEN ON THE PROPP.f UTION OF JOHN HILLS V. JOHN
CUTTS END ROTERT EZHISIEL SEMI.
This was an Indictment removed from the crown aide of
the ci tart by certiorari, which charged the den octants, under
the statute of the 12th and 13th Victoria, d enimonly known
as the Bihop of Oxford's Art, with buying conspired
together, and by. false pretences induced one Martha
Augusta Mile a gel under the age of twenty-ene yearn, to
hove illicit carnal. emmesien with the defendant, Robert
Ezekiel Smith.
Mr. M. Chamber., Q.C., Mr. Lush, Q.C., and Mr. T.
Chamber. appeared for the prenocutien ; Serjeaut Shoe and
Mr. Woolfett defended Mr. Cutts ; and 31r. Prentice was
coutmel for the other di lenient.
This once teed over front the spring SNOWS upon an ap-
pietism made en behalf of the prosecution that Martha
Aueusta Hine, the principal wientes, was expected to be
brought to bed every hour, and was consequently unable to
attend and give evidence.
Mr. Chambers, in opening the ease for the present-
. tine, sold that the CHTIIITIOLOOPS under which the charge was
preferred were of a very peculiar character. The defendant,
Mr. Cattle hod fora great many years carried on the profes-
Mon of an attorney in the county of Essex, and was a MAU of
considerable wealth, residing at Little Bonifield Hall, and
Mr. Smith, he other defendant, was a former at Pinching-
field, and also reported to be a wealthy man. It ap-
thst 1554, Mr. Hills, the prosecutor, took a small
tilt:ulcer Mr. Smith. lie hail a daughter named Martha
Augusta, who was at that time sixteen years old, tend a girl
poniessed of very eonsiderabkperwmal attractions, and she
speedily attracted the attention of Mr. Smite, who was very
much older than the young lady, and he went to her fether's
house, and expressed a desiree tobei emu acquainted with the
family and he ultimately made the young lady a proclaims
eimarnage, and was received in the family as her ae-
knowledged suitor, end it was arranged that the mars
nage should take place from his house. The young
lady, under them eiretunstancee, used to go to
Realth's occasionally, and in 136,5 he succeeded in
seducing her, and eke suherquently gave birth to a child.
It appeared that Mbei Mlle, during the year 16.55, resided for
some time at the defendant's house, but she returned to Lee
lather's house, end upon her informing her parents of what
had occurred, they connulted a professional gentleman named
Shepherd, and he subsequently brought two action., one fur
seduction. and another for breach of promise of marries°,
against Mr. Smith, on behalf of the young lady. While the
proceeding. were pending, Mr. Cutts, who was acting ss the
attorney for Mr. Smith, communicated with Mr. Shepherd,
with a view that some arrangement might be come to be-
tween the p mike, end, after some negotiations bed taken
place, Mr. Shepherd consented to take a sum of 50/. for the
emits that had been incurred in the action, and
to dimontinuo all further proceedingn; but upon ono
rendition only, which wne, that Mr. Smith should enter into
en agreement to marry ?dim Rills within two months.
Dunne these negotiation Mina lIiID, it appeared, returned
to the home of the defendant Smith, and on the 214 of
Getoley, in consequence of a letter they received, she, and her
mother nod father, went to Mr. Cutts' office, and the pro-
ceeding then took plate that was the subject of the present
inquiry Mr. South and Mr. Cutts, it appeared, were With
prevent, and a piper was shown to Mr. and Mn.n Hien which
purported to to an agreement on the part of the former to
merry their daughter, and they were emend to sign it, but
they refused, and left the office, their daughter retraining
behind alone with the defendents. The young lady, as ho
had stated, had had a child during the intercourse that had
taken place between her and the defendant Smith, and she
woe evidently impressed with the disgraceful character of
their connexion, end she upon this occamon po.sitiyoly de-
clared that she would never gee back to Mr. Smith'y hewer to
occupy the position she hod done. A written paper was then
shown to tier which 'ESA afterwards placed in an envelope
and staled up, and Sir. Cutts then handed it to her and told
her that it was a good and valid agreement on the part of
Mr. Smith to marry her after a certain time had elapsed,
and upon the faith of the; statement, Mira Hills again
returned to the Ileum of Mr. Smith and conti-
nued to cohabit with him. Shortly after these
promsedingn had taken place the mother of Minis Rill.
inked leer daughter to let leer see the agreement, but
she told her she had berm requested nut to let any one we it,
and released to do no. The_ agreement was, however, at
length obtained, and upon it being shown to Mr. Shepherd,
he at mire pronounced it to be utterly worthless, and that it
did not in any way bind Mr. Smith to the performance of hie
promise to marry Mies Hills. The learned counsel then rend
the agreement in question, which was as follows
"Au agreement made this Slot day of October, 1850, be-
tween Robert Ezekiel Smith, of Finchnyfteld, farmer, on the
one part, and Martha Augusta Hills, of —, spinster, on
the other pert. Whereas an action is now pending in her
Makety'n Court of Common Pleas, in which the said Martha
Augusta Hills is plaintiff, and the said Robert Ezekiel Smith
in defendant, and whereas it has been agreed between the
partite that retch action shall be discontinued upon the terms
following Now it is agreed tbet the paid Robert Ezekiel
Smith shall pay. all the costs incurred by the said Martha
Augusta Rills m the said action, and the mid Martha Au-
gusta Hills hereby agrees to return to Coterie/ma (the resi-
dence of Smith) and reside with the said Robert Ezekiel
Smith, 'as heretofore ; and lastly, the Feld Robert Ezekiel
Smith hereby promisee and agrees to marry the raid Martha
Augusta Hills within eight calendar months from thin date,
provided always and it is expressly agreed between the par-
ties that this agreement, and all obligations contained in it,
shall be null and void if the agreement or any copy thereof
be shown to the attorney or other legal advisers of the said
Martha Augusta HOIP, the raid agreement being entered into
voluntarily by the said Robert Ezekiel Smith."
Mr. Chambers then proceeded to state that the present
prosecution was founded upon this &reenact ; and ho said he
should be prepered to coutend that tt was a fraudulent pro-
reeding altogether, that the defendant Cutts, knew welt, at
the time, that the agreement was illegalvalu
e,
ma was of no
mad that he thereby fraudulently in aced the young lady to
return to the house of Smith, and in the language of the
statute, by false metes:rem had induced her to contrive to
have carnal connection with him; and that both of these
defendants had thereby brought themselves within the scope
of the act of parliament.
Sorjeant Shea here interposed, and said that so far from
the agreement in question not being of any force or value,
the contraryhad Men proved, for Mr. Smith had, in point of
bets seemed the young lady.