The British Press; or, Morning Literary Advertiser.
London, England, 1819-08-03 00:00:00

YORK ASSIZES.

NISI
llglut* OF PROVISO OF Ifißßlßalle ."

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• DAWSON.O. NNWTOIS... .• •
Mr. WILLIAMS opened the pleadings. Ti!
imps were laid at 3,0001. •
Mr. Rallilt plated the case to the. Jury. This
wak,pitrely an action to recover' compensation iat
damages for a breach of the most eaplitil promises
aud • the most solemn engagetnenis ou the part of
the Defendant to Marry the Plaiiitiff, The Pjain-
tiff wis i yoing woman of 24 years of age, one of
the
.7/catighters of. William k)awson,,lortnerly a
'fainter at Moorland's, near Huilderaltenil, where he.
occupied a farm• as tenant to Mr. WAliauf New:.
tow (Defendant's father), • land,sitrveyor at Stag-
.wood-hill, but now only a labourer. The Defendant,
about SA years of age; was the only son of Mr. New-
ton, possessed in his own right an estate. of 200/.8
year, and was heir to his lather'' properly, estimated
at 20,000/. The parties living only about a mile frogs
each. other, early i.ciptaintalice was farmed between
them; acquaintance grew into. attachment ; and
attachment ripened into love. Their courtship com-
menced at least seven years ago. From 1815 to
Nov.: 1817, their mutual love Was kuovori to. Martha
Dawson, one of the witnesses. At the tatter pe-
riod the Defendant discontinued his visits, and on
the 7th' April, 1818. he married another young
lady ; yet, five year* ago, else Daandant had ru.
bored the Plaintiff's mother, then on her death-bed,'
that he would marry 'her dangliter. Her attach-',
meat to the undeserving Defendant induced her
to refuse massy advantageous offeis. -and the lass
he was hound to repair. as far as damages can do
it. Her health', indeed, had been seriously affected
by the cruel disappointiuesit. The Defendant was
said to rest his defence on the disparity of their
situation ; but this could never justify the slobs-
fion of a deliberate and *Memel promise while their
reliitive situations were well kuown. Tins action
had been so long delayed, owing to the misconduct.
of Mr. Joseph Blackburn, attorney, at Hudders-
field. who, in 1217, commenced the action, and got
251. from the Defendant, under pretence of trying
the cause at the last Assizes. But he soots after-
ward* absconded from Huddersfield, aud was since
unheard of.

Mrs. Martha Dawson, wife of William Dawson,
clolltiee. near Huddersfield, and the Plaintiff's bro-
ther. ►tated the Plaintiff to he e 4, and the De-
fendant 28 years of age. The Defendant had ap-
peared fond of the Plaintiff from their infancy. and
had courted her at learnt seven years.. About two
years ago she was at the Plaintiff's house, on a Sun-
day afternoon, when Uefrnd.►nt said to the witness
that he had given the Plaintiff a ring, at the
same time asking the Plaintiff to fetch it. The
Plaintiff having refused. he fetched it himself. 111141
put it on the Plaintiff's finger, and said, "'this is
the first marriage ring ever I bought ; we will go to
Sheffield and he married ; Mr. Wordsworth shall
marry us; this is the ring and the gown you shall he
married in; 1
.will never marry coy other woman,
my dear." She remembered that in the spring of
1817, the Defendant, having the Plaintiff on his
knee, was seen by Sarah Muorehouse, a.neighbour's
daughter, who Immediately went out again from
the house. Defendant then said that Sarah Moor-
house had come to see and hear, but hr did nut
mind; lie was determined to have Esther Dawson.
When witness expressed suspicions of his not per-
forming his promises, he said if he would not, the
ring would hang hint, and added, addressing him-
self to Esther, " My dear, that will never come to
pass; for a fish may as well live out of water as
me without you; I am determined never to marry
another ; I should be the oddest man upon earth
if ever 1 attempted to marry any person but you :
what is the use of riches if I can't be happy ? My
happiness all depends upon you." On one occa-
sion he stated, that nothing prevented immediate
marriage but his father', being against it, but he
would marry her notwithstanding. When the De-
fendant was going into service in 1817. he prevent-
ed her, because the world would then say that he
had married a servant. She believed that the Plain-
tiff had refused Thomas Turner, Jonas Heywood.
Reuben Lindley, and John Charlesworth, in con-
sequence of her engagement to the Defendant.—
The Defendant had desired the Plaintiff to wear
the ring whenever she was in company, in order to
show that she was engaged. The character, and
conduct of the Plaintiff had !always been correct.

Cross-examined by Mr. ScaaLETT.—She said
that the Plaintiff's father had uo means of living.
except what he earned ; the Plaintiff never went to
dine with the Defendant's father. Neither witness
nor the Plaintiff could read or write. The Plain-
tiff went is assistant to Defeudinit's father's house
when they wanted her. The Defendant generally
came in the day, sometimes iu the night. Witness
sometimes assisted at • public-house, and Plaintiff
came to see her. Meetings sometimes took place
by accident at the public-house. The Plaintff
had drank porter at the public-house.' She never
saw the Defendant drink porter but mice with her.
He sometimes had Ladies to treat. Plaiutifi had
been poorly, but she was come to York. The wit-
ness never went to Defendant's lather to tell him.
Jonathan Dawson, • labourer, brother to the
Plaintiff, said, that the Plaintiff and Defendant had
known each other front children. Defendant
bought his sister a silk gown, and mid to witness,
" Don't she look righ beautiful ?" The Defend•
ant put the ring on her finger, and said, " That is
the ring I have bought to tie Esther and me." Wit-
ness said, that it looked very unlikely that they
should go together, he so-rich mid she the daughter
of a poor man. He replied, that was no matter
where love was ; after his father's death he should
have 20,0001. and that his father had settled 200/.
a-tear upon him; and added, that Mr. Wordsworth,
at Sheffield, had paid his addresses to a poor car-
penter's daughter. Defendant said that he had
promised Plaintiff's mother, on her death-bed, to
marry her daughter, and he would do it. He said,
that if any body coald drive it to him that they were
not to come together, all the pleasure of this world
would be over with Iniu.
Cross-examined Mr. Serjeast HVLLOCI.—
He said he lived on • farm of 16 acres; Ms father
had paid 40 guineas to Mr. Nrwtuu for his form,
sad had no farm now. The silk gown bought by
the Defendant was the only silk gown his sister ever
had. His sister once saw Charlesworth about the

house, and seat their father to put him away ; it was
in the evening. He never saw them together.
Mrs. Anne Bettye, t neighbour. stated that De.
resident paid great..attention to Plaintiff, and pro-
mised to marry her. The Pi • •ff lead refused
many hirely.usetchm... .Her character was always
good.
Mary Dyson, a neighbour's daughter, gave simi-
lar eisdence,and mentioned particsdatly that Plain-
tiff had veiniest Jonas Heywood,. who •was worth
500/. becausie she was engaged .to _Defendant.
Upon .witness metahurt to Defendant, lie
laughed and did nut drily it.
Mr.. blartllit. Turner,. and Mrs. Marys:Brooki,.
spoke strongly Co the character .of. the Plaintiff.
whose only reproach, had. been,
„that she ouuried
wish young Newton. • .
Mr. Scarmarr addressed the Jury for the De.
fendant. If it had beets left to his discretion. he
might perhaps hare thought it enough to point :Alt
the disparity of the parties, in order to shew she im-
probability of any promise. But he was to call
witoesses who would prove, that if the Defendant
Miale any proutises,-it mind hare been play and
bautering ;. and that the Plaintiff was unworthy of
all 1•111•14ra. 'SO that,, therefore, they were not'
made. The condition of the
.young woman must
have a dont* rtfeci: tiriit. it mule it incredible'
,that any promises had been mask; auNi nest; if
made, it took away any ground for damages. be—
cause the Defendant ought not to marry such a
woman. The' scene, of courtship were, public:'
hinnws, wakes, and fairs. .He would call the Com-
panions to prove the levities of the Young roman ;
.he.smuld she the young woman going.out of the.
window to meet-her lovers.

George Moorhouse lived neer New.mills. la
February, 1816, there wee a fair there. 'Fir was at
it till after ten at night. He knew Esther Dawson'.
One Bradley brought her in about four or' live
o!clock : there was a great deal of company. Wit.
nem) went to fetch a sweetheart in. and his brother
wrist too. Esther Dawson mid Bradley were to-
gyther. Llis brother brought in one Bray : they
had five crown bowls of punch. The two vsomeis
took punch. perhaps two share.; he could not tell
who fetched Esther Dawson out. They stopped.
'after her a little, and the.. *rut into another inn,
Goddart's, where females were dancing. Ember
Dawson was there: he saw a person of the name of
Charle►worth with her; they sat on a form together.
Again, in June, 1817, he was at the Cross Keys, at
six or seven in the evening. There were six or
seven of them together. The Plaintiff was coining
past. Ray, a girl, was with her, and other two
girls. He lift the house at five o'clock. The
women joined them. The began to hush them
about, and pin their skirts together. He thought
it improper.
George Homer knew Charleswo►th, 51411 hail
known the Plaintiff six years. lie I,ad !Well them
together. Three years since he and Clierlesworth
went together to Holme Iraq, three or lour miles
from the Plaintiff's father's ; they f I her there ;
Clitirlesworth and she were together ; they stayed
till about ten; they came home together, and called
at Benjamin Bray's; Bray had a daughter ; she was
with them. None of the family was sip; the door
was open, and they went M. Charlesworth and the
Plaintiff went into the outbuildings; they stayed
in the kitchen; he went there; they came in to
warm them at the house fire ; they stopped till
about three in the morning ; (11E11 Chsrlesworth
went, snd then Miss Dawson came and jcineti.—
lie had been four or five times with Chatlesworth
to Deiwson'e; it was soon after Holiiie feast. They
sometimes saw her. not always. He left them to-
gether, and went another Ural; they seemed agree-
able together. He had known her come out so late
as twelve; he remembered her brother threatening
her if she would not go ; she amid she would not
go. The brother came a second tins. ; witness
said she should go. Wituess stopped till about 12
o'clock.

Crosr-crantined.--He swore that he had never
said that lie knew nothing minim of her, and never
said that she had right on her side. He had seen
Newton with her.

Nxmmah Bray had heard Esther D4WOOII say that
Nloorhonse had thrown her down many a time in a
wood. Witness had seen Moorliotae and 1).kw9011
many a time together; it war about six yeeis since
she told her.

Joseph Corkell had known F.ther Dawson 22
years. and remembered her going about bare-
legged. He heard her say, " God d—is and ►ink
you !" to her father. He remembered her father
c-11 and inquire for her just before dark in summer.
John Charleswortli lived at New-milk a piece of
a mile from DAWAOsith He had known 11 e Plain-
tiff four years last Christmas. He met her at the
fair. Lydia Bray was of the compeny. Hannah
Bray and the Plaintiff walked off together ; they
had been in a public-house ; they went mold Ben-
jamin Bray's ; they were all iii bed, but the dour
was not made up ; Esther Dlwonts and he went
into the kitchen ; he had been in the field. with her
till two o'clock ; he was once with her at New
godly and at Holine feast ; she went with hint into a
wood to avoid her brother ; they mopped an I
after in the wood ; he was older at Dawsisid.'s house ;
he saw the old father that night ; he got up ; he
had seen her before ; they had agreed on the dry
to meet in the night ; she had conic out from the
window to meet him ; they went into a dye-house
till one in the moriiiug.
Mr. RAINS made a most indignant and spirited
reply. commeuting with great point aud seventy
on the evidence fur the Defendant. The quertiuis
for the Jury was, whether there had been a pro-
mist; that there had, they could not doubt. The
next consideration was, whether her cusidni 0000 could
reduce the damages. A doctrine so ilegriuling to
human torture. so inconsistent with reroon sod jut.
tire, so foreigu to all right feeling, they would not
listen to for a moment : they would 'hew that if •
turn could avow himself a traitor to love and ho-
nour because be had 20,0001. a Yorkshire Jury
would give ample damages out of the 20,0001. to
au innocent, • spotless, and all outraged female.
Mr. Baron WOOD situnnidd up at great length.
The cuuditions of the pother were no objectives.
Many of the happiest marriages had been formed
in similar circumstances ; many of the practice►
attempted to be used against her were quite harm-
less, and folly warranted by the halms of that part
of the country. Most cruel it was in him to beer
inspired her with lull hopes of w marriage so Avow.

• •.
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tageous. and then to abandon her. Ar to Charles..
worth and Homer, were these two fellows to be be-
lieved ? It was most discreditable; it wrtt wane
in young men who probably had failed, though
they might have attempted to seduce her, to come
into open Court with such evidence. That she had
not another silk gown was no reproach, nor did any
good reason appear why the Defendant should *not
have performed his promise. If they believed that
the promise had been made. it was for them trimly
whet damages should be givers.
The Jury retired, mid deliberating for upwards
Of an isuor, returned a verdict fur the Plaintiff.--
Damages 3001.
The Delemlant, ■ fat, stout, coarse-looking
man, sat during the trial behind his Counsel. The
Plaintiff is a handsome. modest, and interesting girl.
The verdict seemed to give •ery great satisfaction.