The British Press; or, Morning Literary Advertiser.
London, England, 1825-07-05 00:00:00

ELECTION OIrgIIEEIPP.V.

Yesterday a Common Hall was-held for the purpose of receiving
the official return arm this election of SherilP.. The Lord Mayes
and City Officers annein atone The votes having been duly emir
mined. the final return of the numbers was exactly the same as
that made on Friday. Mr. Alderman Crowder and Me. Kelly "reef
declared by the Sheriff; to be duly cleated to serve he else year en.
suing, and *ere called twit to come forward and accept the take
oat pain of tte penalties that shall fail thereon.
Ald. Cnowitere said would could not express hiagsatinsdliv•
but he hoped that his dads during his Shrieralty would manifest i 6
to the Livery.
Dir. KELLY asid he had at great personal inconvenience come,
forward in compliance with the request of a great number of thd'
most respectable of the Livery, and he should endeavour so do jus.
eve to their confidence.
On the motion of Mr. WARNS, thanks were voted to the Sheriffs •
for their conduct during the election.
Mr. Sheriff BROWN and Mr. Sheriff KEY, in returning thanks,
eonytratulated the Livery on the choice they had made.
The Hall was then dissolved.

from .
press ... responding heart .
scale, all the world would, in his estimation be, etmpared to her,
nodtink. 'And concluded, ourteue lover and admirer, &c. &c.
A lilted letter again talked of the plaintiff's heart beating re.
splinter to Ms, and that the first moment of his arrival he should
take her to bill arms:
A third talked of the lass of " Billy's battle " Reassured her
that he hadnot betted any money at it. He had done so endrely at
bet nteetit, and would never bet on such thing. again. The letter
theilVist on much in the same strain as the last.
kiwis is • surgeon. Knows the plaintiff and defendant ;
the .. wu In the habit of visiting witness's family ; witness
he se has children; the plaintiff always behaved herself
'f'"'''' i witness attended plaistiffduring her confine
"!'llf,"etk:, • 'seen her and the defendant together; thinks
mother and the plaintiff have visited witnierfa
. t tebo was an attorney, and guardian to the plaint*
itethma* bat admitted he was responsible for the costs of Mb
. after which admission his evidence was rejected.
tr attorney. proved the execution of a bond by the deka&
ant, for smutty to tlfe parish seder the order of affiliation ai die'
child of the plaintiff. bat did not know that the plaintiff was ilk
consent' abs traces being sent to Kingston-upon-Hull to fetch the
defendant ; witness afterwards saw the deleudant, and he said be
believed the phild to be his.
The bond was here read. It was the common bond taken under
an Order of affiliation, and bore date in January 1824.
A witness was called to prove the value of the property, of which
the defending had an estate in expectancy, but which was at re-
lent-in possession of his mother; it consisted of 85 acres of land,
worth about 4M. or 50/. an acre.
Mr. Sc3,ll.ltv adite.sed the Jury for the defendant. The
gnpat teuctar et evinced by the fen ale witness showed that she
Whir Mach n o about the plaintiff and her affairs than it was M-
eted* to me k, known to tire world.' According to the statement
made by Mr. Brougham, all Coleshill were witnesseanf this fact—
• Ronnie of marriage by the defendant to the plaintiff: But how
did this appear? Not any one of the witnesses who had been tm-
aul* 't ould prove • word about such a promise; the whole to
Will their testimony amounted was, that the parties had paid
',motion to one another. But there tai been some letters
tato
. Did: however, anything occur in either of them that
ell admit of a construction like chit of a promise of
P But the Cale stood thus : tl e defend: nt belay( a
man,- had, in the imprudence of hie taro feelisteta,ll
addressed .some le. tem to a woman of ve y d nibtful tip tat
in terms admewhat strong ; he had neve-, however, euittm
hinne” by: an hasty and unguarded eel cession that could ads
Lit • f ed into a pron lie of ma-riaer. It was
wei likilbyelin4C the plaintiff, 'if ever sl e hat teem e I rich' •
laser; would hue destroyed it. In ooze of the 1 tee pr wduted,
titre sae eared which was rather ambit uote ; but t was Deb
:Me a derarttion da young man, who had been e iptivwed with the
e, antis of a loose woman. But even supp sin. C tch a I remise had
bee m d: by the defendant to the p aintiff. w o had the advantage
ni ap of (oar elver years over him, she I ad, I y a I :er under her
Aftliand, Intirelyr, tae I im tern tie ob igwitns ot that pre-
*We The letter with :he had written to the di fondant several
moths after the birth ot her child, Contained these words:—
" Every body tel.' me you never ca-ed for me; but let me tell you
it is quite the ether way." That was to ii •, it happened to he
:rue, for I never cared for j U. The n to hen proceeded—" I
know you never snack me any {remise." Now, if his 'Learned
Friend would pre act, the letter is answer to this le ter. it might ex-
plain what was the cat s • of so clear a th•claitntr 111- all right on her
part to any pettish'', Oat the d.te: (Let night hie-, made; but in
the absence of soy in h etplanation, it wens to tl e very gist of the
a:tion at oree, ma desir lyre all et( t if •ercny such had
_prey.; I
oasly stilted, IS An es lad no• itomet fire; the proceeded t t
Nies her entire appobadm to his flu rrying any other person. She
lit 4 -" You neer made me any psi mete of marriage, for I trusted
fie your honour." lf, then, this all her °ell claim on the defend.
ant, he would submit that ale could not obtain a verdict, for it was
eto ground of tattoo. She then proceeded to say--" You have my
Pee will to marry whom you please, for I would not have you, if
*were ever so.. But if it is twenty ears 6r't, I will rain you,
apd break your wife's heart." Here there was a letter written se.
Aral months &fierier confinement, in which she avowed her inten-
tion, nut of marrying, but of ruining the defendant. and Meek the
heart of eny women whom he might thereafter marry, for at that
time he was unmarried. Mrs. Spring had admitted that she saw
this girl with child three months before she made her quit her house,
but she never remonstrate d with her. He was sure she never once
sew e ed that the defendant had promised manage to this girl before
she fa 1 t Louvered it, or she would most certainly have Raid to her,
" Why not makehim marry you V" This ladyinust hare known the
terms she hrd been upon with this defendant, and that they were
tie very sante as these which had previously subsisted between her
add Mr. Dickies, and that she knew the whole particulars of the
turrel that. Wok place between them. An allusion had been made
to the flit, which certainly appeared slinewhat extraordinary, viz.
this woman • was delivered in the house of Alfa Pearce,
'had teen treated by her as the future wife of the de-
l. This Was not the fact. The defendant had been sued as
an, but he was not so. It had. however been the intention
* e hi* fpm the church, but that intention had not been
followed Ma The real fact was, that on his return front College
ha unfortunately get, fascinated by the allurements of this plaintiff'
And the result was what the plaintiff's Counsel had described
Met. Pewee hearing that this girl was about to be turnedout 0 r the
house of Ilia. Spring, and that the child was in all probability her
ton's. she had no objection to let her come to her house, with the
prudence and kindness of a mother, who had a lively regard fur the 1
reputation of her son, to do that which had laid the foundation of
this action. Her Intention was to make inquiry into her character,
and if from that irquiry it should turn out that it was only in the •
instance of her son that the plaintiff had erred, that he should
make to her that atonement that was due to her by making,
her his wife, and thus save his own character and rescue
fier from that oh o pry I
which would otherwise attach to it.
Unfortunately, howt•tr, 01 Inquiry it turned out that the previou,
:la of the plaintiff bad been such as could not justify her as a
a other to recommind her eau to do that ant which otherwise she t
would have been happy in recommending him to do—leer conduct i
as regarding thin Me. Dickina, of whom the Jury had heard,
was one instance, amongst others, against it. It was fortu-
nate foe that gentleman, that 'he had, through the instrumen-
tality bf the landlady Mrs. Spring, quarrelled with the
plaintiff, and in consequence got his letters delivered up to him;
itberwies there was but little doubt that he would have been
ticfendaot here to-day instead of the present defendant. The
eeidenee of the plaintiff's witnesses went to show, that she
extended her favours alike to both, and that it was merely
e matter of discussion upon which she would fix the burden.
But mark he conduct towards the defendant, and then let the Jury
a i what they thought of the love and regard she bore towards this
yiii.g man. As soon as site got out of her confinement, which was
after the defendant had been married, in order to keep her word,
that she would break his wife's heart, she actually went before a
Magistrate, affiliated the child to him, and a constable INV' sent to
take him up, in order to give security to the jurislo. When he
eared he admitted his -improper conduct, but he denied ever
Wing made any promise of marriage. And what was the eel.
&bee to prove this premise ? His Learned Friend had been
obliged to fish up • conversation, said to have taken plan_ between-
the defendant and a Mr. Chamberlain, whom he did not call, in
'which the drfedint had admitted he had premised to marry her.
But suppose he had said, in answer to a ques.ion from a friend, it
, tLe table when drinking their wine—" Du you intend to marry this
girl ?"—and he hid said, " Oh, yes, yes, I shall marry her, ca.
' Wray," that would be no promise of marriage to the girl
Urself. It was very remarkable that his Learned Friend had not
' called any of the persons who resided in the house where
. the plaintiff lived. He however Octal(' tate the liberty to lay,
Rich evidence before the Ju y, and he believed the result of then
testimony would be that the plaintiff was • woman of loose con. I
dace, and that her propensities were perfectly well known. Ile
• Olkoutti prove to them the history of the quarrel with Mr. Dickies,
and the t• was never her wish to marry, but like a ceLbrated dia.
factor in the records of love the motto ,he had chosen waa__,
• Nut Cesar's Empress would I deign to prove,
No, make me mistress to the man I five."
The question was this, was there • promise of marriage ? If not,
Uteri the plaintiff could not support the present action ; but if there
was such evident:4,lu would thcn submit that, under the circuit,
stances which would be made appear by his evidence, there was nu
ground whatever for damages at all.
The letter of the plaintiff to the defendant wasthen put in ar.d
egad. " July 12, lila
Sir—Every body tells me you never eared for me, but let me
'll you it is quite the other way. You never matte use any pro-
/
• 'o marry - fur - your honour. You have my
e, for I would not bave you it it
yeas' first, I will stain you and
Lordship thinks, after such a declare.
I will cell my witnesses..

The Loan Calif JuniCr asked 3k, Brougham what he
Auld say to this letter.
, Banuctrast—l shall certainly go the Jury, my Loyd,
...st the gtound that this letter was connected with former letters
that it was a mere squib, written a moment of irritation, by an
angry and self-considered ill-used woman, and therefore ought not
M be taken as conveying her real intentions.
The LORD Curer Jns-r tcr.—Can you give any evidence as to
circumstances which led to this letter ?
Mr. liamionast—Certainly not, my Lord, but I think 1 could
convince the Jury that it is connected with previdus correspondence
en these pieties. We certainly must carry the case to the
my Lord.
.rte boar' Cltirr Jtts•ricE—it isnot often that I feel inclined
exercise my power of not sending a case to the Jury ; but I
`lv have so strong en opinion nn this evidence that the plajntiff
• in point of law recover, that I think I should be gui'ty of
.t dereliction front my duty were I to suffer the case to go
e Jury. If I am wrong you have your remedy, you know,
Brougham.
ilr. BoortiTlAM and Mr. C. PHILLIPS still urged that his
Lordship should send the case to the Jury.
The Loan Curer JUSTICE. however, remained in this
'pinion, end said, "Let the plaintiff be called."
Plaintiff nnusuited.
Mr. Mimic-masa asked if his Lordship would reserve him leave
move to set aside the nonsuit ?
The Lon aC rt J cst ICE—Certainly.
Mr. rillOrGllAM—The ground upon which I submit to this
umsnit is, that 1 consider this letter proper for your Lordship's
cOnstruction.-
tCaUR 1' OF COMMON PLEAS, MONDAY, JULY 4.
MAMMY V. PEARIION.
This was an action to recover damages for a breach of promise of
marriage.
Blr. Sergeant Prr.r, stated the dote to the Jury. The plaintiff
au a young woman in humble life, which made her settlement by
maniage of the utmost importance. Time defendant was engaged
in the ironmongery business, and had paid his addresses to the
plaintiff' for- the last four yeti's, promising on several occasions.to
marry her. No doubt, at the time he made these promises, he in.
tended to !perform them, but why he altered his tmention would,
perhaps, hereafter appear. Several verbal promises were given,
but he should depend for the proof of the promise upon a letter, in
which the defendant desired the phiintiff to bare; the buns pub.
lished without delay. Previous to this, however, tlie
.plaintiff had
became enceinte, is contequence of the intercourse which had on.
fortunately taken place between them ; but the discovery of this
circumstance, hi:Arena., by nn means seemed to alter the state of
the defendant's affection I indeed, it seemed less a change on his
part thin a weakness in yielding too much to the direction of
others; but as he had been the means of injuring the reputation of
the plaintiffin some degree, she now threw herself on the protection
afforded by the laws of her country, and he trusted the Jury would
give damages commensurate to the injury sustained.
The grandmother of the plaintiff was then called, and proved
that several verbal promises of marriage had been given in hit
jrresenez; but that the defendant hail since broken off the match on
pretretree this his parents 'mold not give their consent. The letter
wat also put in anti read, distinctly requiring the plaintiff to have
the bans published.
In the course of the grandmother's eross.examination, it came
out that the plaintiff kept company with one Lane, and other men,
going
with
them to dances. privute theatres, &c. And also, tha'
the defendant once said he would marry her with the consent of his
parents.
Mr. Sergeant Wti as addressed the Jury for the defendant.
He put it to them fo say, whether the promise made was not in all
probability conditional, viz. that the defendant had the consent of
his ents. That consent had been refused upon the best possible,
g ounds, as they themselves might judge from the admissions of
the witness, concerning the lightness of the plaintiff's character.
No witnesses were called for the defence.
The Loan Curry Jorricc summed ap, and left it to the
Jury to say whether the promise was conditional ; if they thought
it was, they would find for the defendant; if otherwise, for the
plaintiff If they found for plaintiff, in estimating the amount of
damages, they would of course take into their consideration the light
conduct of the plaintiff with respect to the man Lane.
The Jury then retired, and after a deliberation of one hour, they
found a verdict for the plaintiff—Damages 51.

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wage to marry roe, fur I trusted to
be wiU to marry whom you please,
oh, ever to. But if itch twenty yea
*oak your wife's heart."
SCAiILETT--If row I.ordshi
ihm, she eau maintain this action,

d6l-4140....1 The I
sods ewinpliested injury inflict could not could saj
be bt.sal: Id y sum money however large; there was Mr. B
LoceTol44l44nie, ever, in which the defendant could now be upon tht
cotopethalittri aid in the alleviation of the pain he had occasioned, I _that ii
and it tractor them therefore to sword what, in their judgment, a I angry an
ease ee aittibg, an injury so irremediable, demanded. to be tak
/In. hipehgg resides at Coleshill, in Warwickshire, and keeps a The I
huanlint-huuse i knows the plaintiff' and her family ; on the 24th the circu
Jelqt• 18,1, plaintiff crate to reside at witness's houses' &boarder, Air. II
She SIP to be about 113 or 24 years of age. 31r. Twigger, the convince
de t;:ielided near witness ; previously to this, witness was se- between
tiumistudieith the defendant's family, they lived within a tow doors Jut), m
4 views* IMgeneral evidence in chief of this witness, went to The I
rilohosti • : alb irsiwoper intimacy passed between the plaintiff and to exerci
really he
&alined by Mr. ffeantEte—Does not know that the cannot it
was at College at the time the plaintiff first came to wit. a great i
noseslisdas—knows a Mr. Charles Picking, he occasionally came to the Jt
so tae iehmstes's houSe and. visited the plaintiff : she never re Mr. Pro
serAtrited TOO her qn the Impropriety of her conduct as regarding Mr. I
Me. Picklets—Mr.Pickins brougl t the plaintiff to witness's house— Isordshii
MAO no;reladott to plaintiff. The
Tha isirrieva admitted that she had turned the plaintiff nut opinion,
ehee of her being congeted. When the plaintiff and Mr. Plaint
they exchanged all letters that had parsed be. Mr. 11
tgOit . to move
a es. John Palmer is Minister of ffornscy t knows the tie. The L
fer.daht t. Was kt Coloshill with him, and saw him occasionally walk Mr. I
vut with the'plaindff. When defendant has been present at parries 'nonsuit
he kiss been often asked in a jocose sort of way wen me
meant to construct
uutwq4llao.Cole.? A Mr. Chamberlain used frequently in a jocose .
triasiste tea* defendant when he was to be married—defendant said YOU
that,wasno business of his. The 'douse proved the hand-writing
of
TM dart to three letters which were then put in and read.
flirt/thee was dated Dec. 7, 18'M In it he addressed the This e
ipleillifut his dear Elita--talked of the most excruciating an. marriage
plat be endured in being absent from her. Oh, that he could Mr. Sr
busies her, and press her responding heart to his ! placed in t I was a yot