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London, England, 1818-04-06 00:00:00

kith)! and meguitude, What wits the measure of
clasiseges which sties a Phsititiff. under such circum-
etass....4. would have a right to receive ? The injury
the laity had received was of this description: that
ittstrad of brisig, as she expected to user been, the
wile of the Defendant fur life, with the fortune that
"tie Defesidant pos,essetl, to have supported Ler
and in; ;used her reek through life, she was 'still
in a state of celibacy. It had been suit rated that
the marriage, if it had taken place. might have been
the foutelat of usitripinness. Vow that ;object
it was nut for the Jury to look forward Oil° the
hook of hie, to deter • to whether it would ur would
not Wye lwen a oilstone productive or
They could look °illy to probabilities;I
ro,llf
ing their ideas upoti that 'view. how lar lumpiness
• was likely to have been toe result of such nit union,
the probabilities were, that it would loser been
attended with that Wattle felicity to be expected
the 'terrine state. There was a great deal of
els tference in cases of this' sort. If a woinan of moire
OolvatiCed Age laid traps for a young 1111114,mnd drew
him loth a 'frothier Of marriage, the young man might
tiPerwurds receive the prudent advice and assistance
of his kends, add withdraw from Ins promise. Where
a change of d resulted from the accession or mi.
vice Nod piudeuce;that circumstance had always
111min:shed the ciuseituin Or damages which he
ought to pay. Where, ou this Other band, the
connectiou oats brought about with the &auction of
thrive prliitiliS to whom the young man ought to
look, and it did not appear to have beets sought for
by the woman, but was btooglit about by the
frieude of the matt, thee the case assumed a very
differeist usee..t. In this ease the Jury had been
°wised of the ages or the different pieties. The
young mists had lived occasionally at Liverpool,
from 1310 till the present period, sod hr had dur-
tate that time frequent intercourse with the Plain.
tilt's family. 1:i 1811 lie had a considerable Nieces-
eiuti of fortuuse, and was consequently known to be
n person of great property, or, at least. that he
would be so whets he cum.: of age. In the utonth
Of February, 1817, there came all invitation, toot
loins the piling omits himself, but bout a person
alto, of all others., was the limper person to give the
invitation, and sativtiou the ei•it of the young utmost.
It was an iimtatiuli proceeding from the:Defendant's
umber. It was pouched iii terms of great kind.
ucss tu the Plaintiff's ntother, soliciting the visit of
her slaughter sod herself. It wits tuldressed to the
mother at her residence at Liverpuel. and entreated
her tu 5p.3.11 a fortnight at litrklastd-hall, a alas.
fiance of between 31) aunt 40 mile,. Whet would
bc one of the probable consequences of a visit of
this tirscr Minn ? Here was a young man just sir-
rived at :ft ; just master of hit fortune. though,
pedalos, too sinister of his passions; that would be
the period or life when lie would think of forming
on establislimeut for life. It was under these cir-
custistativis the Plaintiff and her mother went to
epend a furtnight at Kirkland-hel. It was not to
be wierleted set. if, during the period of the visit,
apportunitire weir glens to the young man mad wo-
man, and that there might he smile thoughts on the
siobject of love. It had. iu fact, transpired that
such had been the case. If it had appeared that the
mother and daughter had contrived so interview of
the kind, to entrap tie affectious of Ilse young
man, that wouhl have funned a case out which
the world not have been entitled to mate-
rial damages. After the first invitation there came 'a
second; the first had not been accepted. lie thought '
lie might woke the observation, that there did not
swells to be any eztraordinary haste on the pert of
the another to go to Kirkland-hall. 'Clete then
came N it. ennui invitation, and she mod the Plaintiff
weist to the Defendant** innusion, and remained
fair e *nine tints. After their return, namely, on
the Jodi, the letter was written which the Jury had
beard read. It was a letter which had been very
properly chino terised ; it was not filled aith the
alum txpressions of a young man over head and
nos it, lure, hut it was a cool, considerate, calculat-
ing letter, sits a subject which the writer was revole-
e.; its Isii mint,. No doubt it was the letter of a
mast to a woman older than himself. He would
put it to the Jury whether such a letter was teat
1,!,:e1y to .oaken stronger impression oat a young
woman than if it had contained all the expressions
wirittih usually dictated by the beat and hive-
ttso•ity of youth. It seemed to be the letter of u
Maus with an understandiug beyond his years. Such
the hearing which the letter appeared to lain
to warrant, and the Jury would ti.ke it into their
constilegoitm.• There was an expression made use
of by the Defendant, to the elfict, that he ought not
to be called upon to make a settlement, from which
Scatett had inferred that the Plaintiff's mo-
ther had called upon him to make a tettlement upon
lair daughter. He did nut think such an inference
necessarily followed. The Defendant, addressing
the lady, might naturally ssy—" You are about to
be tnattied ; your friends will naturally think there
should be a settlement, considering my situation
in point of fortune; but I am told by my legal
ailet.ets that 1 imagist not to be called upon to
make is settlement." The rapresition did not RMS.
airily imply that a settlement bad been a subject of
conserrasiosi by the mother. To this letter an
answer had been wiitteu by the Plaintiff, by no
means an improper letter ; it was couched iu
prudent items, accepting the Drfemlaut's offer.
It was suggested that the Plaintiff hed kept •
copy of that letter, but if she had, it was not a
Eirealw.tance oil which any sties* could be
laid. Same prr•olla were in the habit of writitig
yew letters s.upi.lly ; some were not :persons of
the latter dest:tip ' might chose to write a rough
copy. The•Plaiiitiff might have done so, and she
alight iii;erastds have treasured it up without hav-
ing any view to her ultimate disappoiettnetit, or of
her laying under the necessity of coming to a Court
of Justice to ask for damages. There (sad beets a
subsequent correspundeuce, and in the mouth of
illey the Plaiutilf was again nt the Defendant's
boom:. Before that period there hid been an ex-
prow invitatieu to de PI • 'lf, but it raid nothing
Oil the subject of the Platutiff's mother. It stated
that the carriage should be at Preston, and that
if the Plaintiff chose to bring her usaid, it alight be
cleteroutsed whether she was liktly to be top-
ernveil uf. The Plaintiff had refused to attend to
that invitation, and in his opinion she had door right.
It w: s not the conduct of • woman thresh% her.
self into the arms of is man; but it was the conduct
of a wonum who had foresight, and who would nut
,In On insproslesit a thing as to go to the house even
of her expected future husband, without the pre.

sence and sauctiou of so near a relation as het mo-
ther; that was acting Witt: a becoming prudence.
The advice of her brother on that subject was inset
prudeut advice. and she rdupted it. It appetred
she ufterwards we'd to Kirkland-hall, mud remained
'there a fortnight. On the 26th of May she return-
ed home. 'and on the Ist of June that letter was
written, whirls, it appears, was the last communica-
tion frbin the Defendant to the Plaintiff. The first
invitation had been given the beginning of Febru.
tory; the parties met on the Ills March, rod were
"together about a fortnight. Letters aud currespon-
denee had been proved, by which it was manifest
the Defendent had profeseed all the warmth of of-
fecti 111 l ; it was quite obvious that he was primer-
ing for a speedy marriage. Why it had beets
bruken off, the Jury were left entirely in doubt.
Wits item any fault 'in the lady ? Nothing of
the kind was insinuated. What had beets passing
its the Defendant's mind they were not told—st
anis a perfect 'blank. On the '2oth of August, the
Defeudaet had married aurither lady, in come-
buence a which the present 'action had beets
rought. It lied been suggested that actions of
this kind by ladies wear very unessasmon. It some-
times happened that a lady might thiuk it better to
stifle her disappeintritent, than make it • subject of
discussiou ; but in r vise where it had beau quite
notorious to the world, that a marriage was oil the
eve of takisig 'dace, and that it had been broken
off, a consideration of what was due to her own
character might urge her tit bring it forward in a
Court of Justice ; not only for the vindication of
her honour and cliaukter. but that if there was any
thing in her conduct which afforded a giound why
the marriage should nut go 011. it might be declared,
or that it might appear to the world there was nu
foundation fur that calumny which was always the
effect of a man's abrupt desertion of a lady to whom
lie.was betrothed. He had time made the (Meows-
times which had occurred to him. The promise of
marriage hail been clearly proved, and it was
equally clear that the contract hail received the
sanction of their mutual percent. The Jury would
Estimate the damages to which the Plaintiff was
emitted lir the injury elie had received. The in-
jury consisted in this, that instead of being Mrs.
Cole, the gumtrees of Kirkland-hall. she was still
Miss Orford. Whether elm would have beta' hap-
pier as the Defendant's wife, was a question they
could not well take lute their consideration. How.
ever he might be repreattittal, lie was the hue-
%suit bliss had lust, and it was fur the injury
she had thereby sustained site desired a compeusa-
tiois. But for his tiejtistiliable conduct. he would
have beret her husband and else his wife, with that
splendid eatablidosneut the wife of a man of his
fortune might be Aided to expect. He was a
moo, according to the testimony of Ids steward,
enjoying between 4 and 5,000/. * year : the
Plaintiff would have been the wile of • suns with
that fortune, and with that tetablishinetit which
would have belonged to liar rank in society as
his wife. These advantages slur had loft. If the
Defendant was 11 man wit,' was not likely to make a
good husband. in that Calie the iiicutubralice of a
bad husband was such a bitter cup. that perhaps
she might have suss ailed no injury ; but let the
Jury advert to the kiters, they would infaeru them
what sort of u man the lady had lost. True they
were not the letters of 1111 ardent lover, but they
were the It tiers of a cool, celculating, discrimating
understanding: the Jury would take them into their
consideration. With regard to the Defendant, he
stood in a very unfavourable poiut of view. He
would have no right to cumplein if the Jury should
drum largely on his bank. IVhat lied lie done? He
had drawn a lady to Kirkland-hull, that she might
see the establishment right to expert
would shortly be her own. lie had gone on ainti,-
ing her for is period of two months, under the ex.
pectation that she was to be the mistress of his es-
tablishment ; and shell, without any reason, lie had
married another warners. He would, therefore.
have no right to complain, whatever damages might
be awarded against him. With reference to the
amount of the &triages, lie would only observe,
that the Jury ought to be libeiul, rather than
penurious.
The Jury retired, and, resin ll ill g into Court
in about a qiiarter of an hour. pronounced their
verdict for the vidititetr.---Dtsistagts--SEVEN
THOUSAND bourns.

This trial had been the subject of general con-
versation throughout the county of Lancaster
for several mouths past, 1 penguin of all ranks
appeared to be interested in the result. We do not
remember any former occasion when the public cu-
riosity was wore excited. It may. therefore, easily
be icuaioned what an immense concourse of midi-
tors would be pressing for admittance. Crowds
were collected at every avenue, and the doors were
scarcely thrown open, than the Court. spacious as
it is, and capable of containing 2,000 persons, was
instantly tilled. The ladies sere coutpicuous in all
parts of the Court, having braved every danger to
obtain admittance. The verdict. which bestowed
so considerable en addition of fortune on the fair
suitor. was hailed with universal satisfaction.
On the subsequent morning Mr. ScAm.wri,
moved for a rule to *hew curie why a new trial
should not be granted. He submitted his applica-
tion on two grounds:—liit. That the letters coo.
taioing the contract of marriage had not been
duly stamped. as Its had conteuded ou the trial
they ought to have been ; arid, secoudly, on
the ground of excessive damages. It was upon
the latter ground he principally relied. He ob-
served, that it was the first instance in any similar
case, in which damages to such an enormous
amount had been given. lie contended that, under
all the circumstances of the ewe, such very
large damages ought not to have been sword-
ed : and lie enforced his ohiniou upon this point
by refereure to the same topics of argument lie
had addrerscd to the Jury, illustrating his rea-
sons by adverting to the case of a lady of mull,
against whom oue thousand pounds damages had
been given, and also the case of a Mr. Hunter, in
which thedansages had been to theaminint of fifteen
buudred pound*. He likewise contended that the
case hail bean presented to a Jury, whose minds
were nut in that dispasansuate state winch the lames-
ligatiou of such a subject required, and was neces-
sary fur the ends of justice; lie insisted there had
been an unjust pr. judice created throughout the
county against the Defendant, and this he inferred
front the very extraordinary coucourse of potpie as-
sembled to wittiest the triali the circumstances of

the case had been the subject of general discussion
out of Court, and it was more than probable the
Jury had not formed their conclusion with that
cool esisl temperate reflection they were bound in
all cures to exercise.
Mr. JusticeßATLlM was of opinion that the ob-
jection of the Learned Counsel, as to the letter con-
taioiug the contract requiring a stamp, had nut the
least validity. Upon the gisestion of excessive do-
assegai, he was likewise of opinion there bad nut
been sufficient grounds laid before the Court to
disturb the verdict. Taking all the eirctunstances
of the. case into his conga ration, he was not pre-
pared to say, that if it hod been put to the option
of the young holy to have received the Defendant
es
her husband its preference to the 7,0001. which
had been awarded her, she would ,not have chosen
to have accepted him rather than damages to that
or any other amount. lf, then, it was likely Ilea
she had the election, she might have preferred be-
coming his ail., how could lie state that the Jury
had estintated the damages at a higher rate than
they ought to have done.
The rule fur a new trail was accordingly refused.

HOME CIRCUIT. -

KINGSTON ASSIZES.

11ATUNDAy, ATTU.. 4.
Derid Owes, aged 50, a stout. mild, goad-
looking man, was tried under Lord Elleiaboronel.'s
Act, for stabbing and cutting John Jones, at St.
George's, in Southwark, on the t 6th of September
hon. It was distinetly proved by molly witnesses,
thin the Prisoner had gone to Mr. Joint's house be-
tween one and two o'clock, put his lout on the step
at the door, and cut and seriously wounded Jones
and several other persons with a clasp knife as they
came to the door. He never spbke one word while
he was acting so outrageously. He had previously
arid lie ...min inurder.the whole fa•nily.
The Prisoner, in his defence, said he knew no-
thing of what be had done.
Several respectable witnesses gave it as their de-
cided opinion, that the Prisouer had not been in his
senses. He bad a fever nine years before, and since
then they thought hint. subject to melancholy
and insanity. He used to walk, to shove his arms
backwards and forward's, and to speak to himself
like a madme'. His eyes had a wildness in them.
He laughed, sung, and danced the night lie was
committed to geol. The loss of h►s wife and of his
property deranged Itir mi al. He frequently ea-
claimed, “.I.ord, Lord !" fie complained of pain
iii his stomach. He haul always hero, remai kohl),
mild-tempered, humane, and 1 "Wile It tees proved
that the Prisoner had a laa-snit with John Junes,
who win his brotl►er-in.law.

The Jury. after some deliberation, found a ver.
diet of (;uitiy. After a prow, flair Foreman re-
commeuiled him to mercy, iu coissideratiou of the
respectable testimony borne to his character.
The Judge immediately pronounced sentence of
death, and assured the Prisoner that he could not
reasoriably expect that the tee L, f the
Jury would have any effect. %%Niers the Judge erns
proceeding to pronounce sentence, two ladle-,
friends of the Prisoner, screamed and roasted away.
They *err carried out of Court. The Prisoner
preserved the same unchanged look of composure
throughout the trial, and when seritence was pro-
nuanced.
There were two other indictments for felonious
stabbing Margaret Jones and Mary Beery. in the
same place, and on the saute oc..usioss, but they
were not prosecuted.

Peter lloreey,u patrole, was tried fur felaniously
shooting► at Richard Richardson, a night-unit, on
the 4th of September I:►at.
It appeared that the deceased was at work at
three o'clock in the inortntig. and having occasion
to go into a neighbouriug rope-gr I for a pole
to insist him in carrying the tubs, the Primmer, after
repeated challenges, and receiving ito answer, allot
him. Ile was acquitted.
George Mills Margesoas was eharged with► having
felostiuusly stabbed Jane Itost.forth, at Richmond,
on the 423 d of September, with intent to kill her.
The Prisoner is a midshipman, aged 17.
Jnoe Ruslifortli. a very interesting young laity,
said she bred at Richmond in Septenther last. On
the i3d, about Ira-pest ate, the Prisoner came to
her lodging. In the course of conversation he asked
her whether a murdered person went to heaven ?
'She said it was a curious question, but she thought
it more likely that the murdered person should go
to heaven than the 'Hinderer. To divert his at.
tesition front such a topic she said she felt unwell ;
she hail hod a bad night's rest. Ile said hi would
ensure her a good night's rest. He afterwards
supped with her. After supper lie asked on
which side her heart lay. Site replied, 'tutting her
trend ou her left stile. " Here, you little fool." She
looked at the watch, which hung over the mantle-
piece, and observing it war ten minutes after aisle,
" Come, George, my dear, are you not
going ?" He rose. rad placing his left hand over
her left shoulder, stabbed her with a dirk ordagger,
and with a laugh said, " I have done it." She
rose and pulled the dagger from her aide, then sat
down, stud fainted away.
Gross-e.ramitsed.—She did not consider her mar-
riage legal ; she went through what she believed to
be a marriage ceremony. It was with a Mr.
Prevent. in s house at Essex, seven years ago; She
believed he might be a clergyman who acted on the
occasion.—(The witntos *hewed great reluctance,
and requested to have those questions waived). She
always went by the name of Prevost since, and
Piped her name au. The young gentleman resides
at Richmond. There was nu license fur the mar-
riage. She did not know whether the person alto
performed the ceremony was a clergyman. She
signed her maiden mane on this occasion, because
she did mutt consider the marriage legal. Me.
Prevost she understood to be dead three yews lest
Februery. Ile was ',broad. 'They lived together
as mats and wife. She lied passed es his widow
anger hi• death.
. . . .

Mr. NOLAN objected to the nitativOod claimed
en ocquittnl. •
Mr. PLATT replied, e►ld contended, that die e
-being no special license proved, the llUnit mos leg 1
and wooer.
Mr. Boron WOOD reserved the point,
The ctostrexontination wits continued. Their

conversotion Was on religious topics. Sim spoke

in friendly terms, as ustt J. His cooveriation was
the same, but embarrassed. Ile seemed to labour
under u heaviness of mind. She knew his mother.
He was ,liable to very violent head-aches. She
knew of no insanity its the family. She knew him
for eight snoutlts previously. • She was very little
injured. She coatd hardly describe his laugh. It
was wilder than his usual laugh. She and he
have burn on amicable terms since. She felt no bad
consequetire from she wound latterly. .111 direct
examination she said she had heard of his head.
aches from his mother. He wits fond of her society,
and used to call frequently.
Christian M'Cole lives at Richmond.—Coming
home in the reciting, she heard the horrid cry of
' Murder !" from Mrs. Prevost's back door.—
She went in, and saw the Prisoner and Mrs. Pre..
suet; she was falling down, and appeared lifeless.
%Vitoria/a said, " Good God ! what have you done?"
He said, 6' 1 have done it; I have stabbed her in
the heart ; I won't run away ; I'll deliver myself
up to justice." He then graved her hand and
kissed her several times very affectionately. He
stood very deliberately.
Mary Watts went into Mrs. Prevost's room ; it
was a sitting-room. She saw Mts. Prevost lifeless,
and said " Good God, George ! what have you
dime ?" Hr replied. ‘• I have murdered Mrs. Pre-
voat ; I intended to do it ; and I have done it."
He did nut appear agitated. There was no appear-
ance out Mrs. Prevost's garments that attracted her
attentioti. When she undressed her, she saw the
cut in her gown, and stains of blood on the rest of
her clothes.

11,1. ioad Humphreys went to Mr.. Prevost's in
ecnoequeisce of the alarm. He asked what the
tnaittr was. One pointed at the Prisoner, and said,
a That Is-How has murdered Mrs. Prevost." Wit-
ness exclaimed, " 0 my God, how sorry I am !"
Prisoner stretched his hand towards him, and said,
" I am not sorry for it."—As lie was carrying him
to the watch-house, he said, " I have done it in
consequence of a letter I have had from Mrs. Pre-
vost's eervant maid." He was going to say more,
when the witness said, " George, you have said too
much, I don't want you to convict yourself."—He
knew Min from a child.• He was brought up there.
The clothes and daggor were produced.
Philip Lugar, a surgeon, observed the wound on
the left aide. It was u small punctured wound of
a triangular shape, such as the instrument produced
WOUIII have made. It did not appear to have pro-
ceeded beyond the integumentr. It was about
three-fourths of im inch deep. She was ill more
from the ►hock than the wound. The wound heal-
ed in rm. days. The hemorrhage was but trifling.
The Prostentrie drew . out the instrument ; she
thought it lake a tile.
The Prisoner, in his defence, said, " My Lord.
and Gentlemen of the Jury, it was lint aid• inten-
t to kill Mrs. Jane Prevoq, I meant only to
frighten her. I loved her so that I wool,' lay down
my life for her. It was not my intention to inuider
her : no, far from it." _

lie is a very lively intelligent looking yolith.—
While the Counsel was opei.iog the e.,,e for the
prosteoti ~,,, he laid his head on the bar and wept
Mond. lie was much affected during the whole
trial.

Mr. Baron IVOOD, in iiiruaning up, Pohl it WtiS
Itferidi for their coin,iilerictinis, %thriller the Pri-
mmer really inennt to frighten her. If it us s not
nielieiconly dune, he wits nut
Verdict—Aot Guilty.

AJIDDLENEX

SATIMUAY, A PIIIL 4.