The British Press; or, Morning Literary Advertiser.
London, England, 1822-03-20 00:00:00

NISI PRIM, Turemr, Ilmies It.

Wore Mr. Asethre BATLEY.

BREACH OF PROMISE OF MARRIAGE.

ABBOT v. YOUNG.
Mr. WAI Las opened the pleadings. The decla.
tion stated that the Defendant had promised mar-
riage to the Plaintiff; that he bad not fulfilled that
promise, but had married a Miss Gosney ; and that
the Defendant denied ever making such promises,
whereupon issue was joined.
Mr. Rates addressed the Jury on the port of
the Plaintiff. whom he stated to be a young woman
of the age of 9.3, who sought to recover compensa-
tion of damages at their hands for experiencing as
actions an injury as she possibly could—on injury
accompanied with circumstances of the greatest
cruelty and treachery. The Plaintiff was one of a
large family, and had the misfortune to lose her fa-
ther at the age of four years. They live at Brom-
ley, near Rotherham. There were several other
children, who were alike nearly destitute, but were,
however, brought up by the mother with the greatest
tenderness, and were then sent to service to get
their living by honest industry. The Plaintiff also
went to place, rtid.lived in two situations before she
went to be servant to the Defendant, in both
of which situations she conducted herself with-
out reproach, and to the greatest satisfaction of
her employers. The Defendant resided near
Wakefield, where he was carrying on a very thriving
business. He was about 28 years of age, and a ba-
chelor at the time the Plaintiff went to superintend
his house. There was no great disparity of years
in their ages. She was a handsome young woman,
mid two young men, in similar circumstances of life
to herself, would either of them gludly have had her
for his wife. For a considerable time the Plaintiff
lived with the Defendant without any thing particu.
lar occurring ; at last lie began to shew her more
than ordinary atteution ; and when he had made
way to her heart, and gained her affectious, he be-
gan to take unwarrantable liberties with her ; she
checked hitt); but on declaring his intentions to be
honourable, that he certainly intended to marry her,
she was induced to surrender her person to him ;
the consequence was that she became pregnant, and
was delivered of a female child. He still continued
to promise her marriage. As the time of her deli-
very drew nigh, the Defendant provided lodgings
for her at Leeds. His mother remonstrated with
him, thisking he was going to marry Plaintiff,
when a sharp altercation took place between the
mother and son,and he told her the had no business
to interfere. The Plaintiff was introduced to her
lodgings as Mrs. Jackson, the wife of the Defen-
dant, who represented nimself as a Mr. Jackson; and
said, that he wished the confinement of his wife to be
kept secret, because his friends knew nothing of their
marriage. Over eeeee of parishes are always pretty
sharp in cases of this kind, and so they were here.
One of them applied to the person at whose house
the Plaintiff was, to know if she had not a your)°,
woman about to be confined, lodging with her. The;
person of course replied, " No, no such thing-1
have a married lady here, who is about to get her
bed ; but Mr. Jackson, her husband, will be here
to-morrow." Mr. Jackson did go next day to vi-
sit the young woman, and he went down to the over-
seer ; the Plaintiff was soon after removed. During
the whole of this time there was no wuut of atteu-
lion on the part of the Defendant ; he continually
visited her, declaring his archon fur her. At lest
she was delivered of a female child. Ile shewed the
greatest love for the irifimt, and ordered it bap-
tismal name to be Elizabeth, the same as its mother.
The eldest sister of the Plaintiff was married to a
respectable man of the name of Crowther, and re.
sides at Sandal, the same town as the Defendant.
She naturally became greatly distressed about her
sister's situation, and applied to the Defendant to
know what he intended to do. lie flattered her also
that he would marry the Plaintiff, in such a man-
ner that they could not doubt the fulfilment of his
promises. Nut lung after this he became acquainted
with a young girl of fortune, of the name of Gos-
ney ; and, within six week*, he completely trans-
ferred his affections from the Plaintiff to this lady,
and married her. " I shall," added the Learned
Counsel, " prose to you, Gentlemen, repeated pro-
mises of marriage. I shall prove also, that there
was nothing improper in the conduct of the girl,
except towards htmself, and he ought not to cull-lier
hard names ; for he was first her seducer, and af-
terwards her betrayer. She had hitherto lived in
the most irreproachable manner, and borne the most
exemplary character. I am quite sure. Gentle-
men, you feel, as I do, fur the situation in which
she is ',lunged, and will award her large damages
(for he is well able to pay them) for the irreparable
injury -inflicted upon her."
. _ _ _

The marrisge of the Dr fendant to Eliza Gooney,
in July, 1811, was then proved.
Emma Abbot, sister to the Plaintiff, and Mrs.
Crowther, her eldest sister, swore that the Defend-
out repeatedly promised them that he would mart
their sister. He fetched the surgeon at two o'clock
in the morning to attend at the labour, and re-
mained in the house until it was over; he eousialmy
nursed the child, of which he appeared remarkably
fond, and which he always acknowledged to be
his own. He also frequently called the Plaintiff
his wife, bath before her face and behind her back.

Mrs. Daniels, with whom 11w Plaintiff lodged at
Leeds, under the mane of Mrs. Jackson, also de-
posed to the tender solicitude the Defendant always
evinced towards her; such solicitude as Immune •
man towards his wife.
Mr. Serjraut HULLOCIL addressed the Jury on
the part of the Defendant, remarking on uo letters
being produced ; on the incredibility of the eel.
deuce of the Plaintiff's sisters, one of whom had
sworn ►he ehuld not read, whereas lie should prove
she could ; also on she impossibility of Mr. Young's
conceiving to be analog. under use name of Jackson ;
and entreated the Jury not to mix up the crime of
seduction with their verdict.
Thomas Iverson, attorney's clerk, was then called,
when he swore that Emilia Abbot had read the di-
rectiebe of a letter of Mr. Young's, in his hearing;
but acknowledged that he used "a little ttick.'
by misrepresentation, or, in other words, by telling
her a lie, to induce her to give him answers to his
questions.
Mr. Rallis replied to the JOT. If in the onset
of this case he hid said he was tutltled to large

damages for the incalculable injury sustained by
the young woman, he felt stronger fottilieli to a k
for still larger damages, when he saw the miserable
abortion and wretched attempt to contradict his
witnesses, whose deportment in the witness-box was
as decent, as decorous, and as satisfactory as any
ever beheld in that Court. If no promises of
mar-
riage had been made, he would ask, why were wed-
ding clothes purchased with the knowledge of the
Defendant ? " There," exclaimed the Learned
Gentleman, with great vehemence. pointing to the
Defendant, sitting behind his Counsel, " there,
Gentlemen, he sits, with his hardy face of guile,
glorying in his shame, glorying in the seduction of
• female; fur lie first seduces her, then betrays her,
and then leaves her for the world to point and in,ck
a►. Here he is come, and there sits the infamous
fellow. I hope his demeanour here will not be
forgotten by you in your damage.; but that if lie
will come in this audacious manner, you will make
him pat for it."—The Learned Counsel then an-
swered Mr. Serjesnt Hulluck's objection to the evi-
dence brought forward to support the case. With
regard to the assumed name of Jackson ; why, lie
believed the Defendant's house at Sandal, near
Wakefield, was ten miles from Leeds, and that the
population of Leeds was such. that ■ great part of
it would have no knowledge of the great and opu-
lent Mr. Young ; therefore he might with safety
u•e a fictitious name. But, hit Learned Friend had
said, here were no letters produced; and how, he
would ask, could there. when the parties both resided
beneath the same roof ? He (the Learned Serjeant)
had also said, this was not a case of seduction. No !
he knew the female was not seduced from lit r father's
house, and therefore was deprived of that means of
action; she was no longer under parent►; cure, but
ander the care of her muster, and it was his duty to
have protected her: but, instead of this, he seduced
her, and then basely betrayed her. He next came to
that hopeful sprig, the attorney's clerk. and surely
the Jury would nut countenance his evidence, when
he acknowledged that it was by misrepresenta-
tion that he caused the witness to speak to him.—
This sprig was certainly a hopeful practitioner:
Oh ! we•sbould see him one day practising either in
this Court or the oilier to perfection. It was all a
trick the Defendant calling himself Jackson.
Promises of marriage were not made at the market-
cross, but in a domestic manner, therefore in this
case there was more than abundant evidence. The
Jury would take into their consideration tinder what
circumstances the Defendant left the Plaintiff, and
then he was quite satisfied that they could do uo
other than give her such damages as would, io some
measure, compensate for the serious, the severe, and
the cruel injury she had sustained.
Mr. Justice BAYLEY summed up the evidence;
after which the Jury retired for about twelve mi-
nutes, and on their return into Court, pronounced
a verdict for the Plaintiff—Damages 1501.