The Sun.
London, England, 1855-08-15 00:00:00

Portuguese well organised,
commanded by British
and clothed officers, and subsidised, fed, paid, with
British money. F(thaeuldasthetwtoheyuegahrts of e the war
within
ware
numbers were greater,
the mark when he said thatw e
Cpaheamdlr2ing theiro,ooO British
and 40,000 Portuguese troops.
num-
bers with the troops in the Crimea the house would at
once be aware of our present falling off. And it
should also be remembered that at that period the po-
pulation of this kingdom was not one-half, and the offi-
cial resources not one-sixth of what they were now.
Neither was the patriotic feeling of the country one whit
more warm than at the present moment. It was there-
fore Vie bounden duty of her Majesty's Government to
carry out and realise the expectations of the people, pos-
sessed as they were of the resources for doing so. There
were circumstances, too, in their favour which were as
yet hardly appreciated. The sea was entirely in the
hands of the allies, and as we had invaded the enemy
in one portion only of his territory, to that single por-
tion was our attention called. He did not doubt the
desire of her Majesty's government to reinforce our
army in the East ; on the contrary, he felt quite con-
vinced that such a desire existed. At the same time he
felt himself constrained to say that such exertions as
ought to have been, had not been made in furtherance
of such an object. He could quite understand that
some difficulties now existed which did not exist at a
' former period. The facilities for desertion were un-
doubtedly increased by the existence of railways, but he
thought that some plan might be contrived by which
this might be prevented, or at least very much limited
in its extent. Again, he believed that it was very pos-
sible to make some arrangement by which the young
recruits would be retained for home service while only
seasoned regiments would proceed to the Crimea. This
brought him to the consideration of our Indian army.
The right hon. gentleman at the head of the Board of
Control (Mr. V. Smith), informed the house the other
evening that the army in India numbered 320,000 men,
of whom 40,000 were Europeans. The right hon. gen-
tleman stated now that this large army was available for
the purposes of the present war. He (Sir De Lacy
Evans) wished to see it so made available ; at the present
moment, however, but a very small force was drawn
from that service. He thought that at least 10,000 men
ought to be afforded from that quarter. Some of the ir-
regular force, too, might well be employed at the Cape of
Good Hope ; for the peculiar nature of the service there
it is well fitted. There were at the present time seven
well-seasoned battalions at the Cape which ought to be
made available for services in the East. British
troops were also stationed at Ceylon and at Hong-
Kong, where their presence was not absolutely neces-
sary. Indeed, from various sources he believed that
tea battalions might be made up, and sent out within a
short time to the Crimea. He believed, too, that ar
rangements might be made with our Australian and
other colonies by which the presence of many British
soldiers might be dispensed with. Of course if his views
were adopted with regard to the Indian army, it would
be necessary to increase the native force, but in that
step he saw no difficulty. He believed that so little
difficulty was experienced that no bounty was given
upon natives entering the service. This question of
boanties was an important one. He believed that we
were now giving from 181. to 251., and that these sums
induced many to join who afterwards deserted. During
the last war 101. was the highest bounty, and even then
from five to six thousand was the number of men who
deserted. [The hon. gentleman's attention was here di-
rected to the fact that the hour appointed for proroga-
tion was at hand.] He was warned that his hour bad
almost come—(a laugh)—but there were one or two
points to which he would very briefly advert. He was
very glad to hear that the Foreign Legion was at length
almost formed, and that it was about to proceed to the
seat of war. He trusted that the Government would
take care that both it and the Turkish Contingent were
furnished with improved descriptions of arms. Bodies
like these required greater attention in these and other
Matters than regular troops, in order to render them
efficiently useful. Much had been said with regard to a
Polish Legion. (" Hear," and laughter.) For his own
part he could not see why there should be any delicacy
in levying such a corps. The whole of Poland did not
belong to Austria, and the Poles at present scattered
throughout Europe might be permitted to engage in the
present contest whilst Russia possessed a large portion of
their territory. Before he resumed his seat, he could not
but advert to the speeches which had been made by some
hon. members upon the subject of the war and in ad-
vocacy of its termination. He regretted that no division
bad taken place, to test the opinions of those hon. and
right bon. gentlemen. Had there been any such, that
country and Europe would then have seen by how bare
a minority those opinions were held. (Hear, hear.)
Lord PALMERSTON—There is no one, sir, more
entitled than my hon. and gallant friend to express his
opinion on the conduct of the war, and upon the manner
in which it is in future to be carried on. His high mili-
tary position, his distinguished talent, and the great
scope to which his thoughts upon these matters have
extended, give great weight to whatever may fall from
him. I can assure him that the suggestions which be
has made will receive the careful attention of her Majes-
ty's Government. Some of the subjects, indeed, to
which he referred are already under consideration. My
hon. and gallant friend commenced by stating that he
hoped a declaration would be made us of our determi-
nation to prosecute the war. I and my colleagues have
already stated our intention upon that point, andl think
that my hon. and gallant friend when he hears the words
which will come from her Majesty's commissioners this
day, will find them entirely in accordance with what
has already been stated by us. (Hear, hear.) It is
quite true that if you compare the amount of the army
now in the field with the number of troops employed in
the latter Fart of the late war, the balance will he
greatly against the present time. But if hon. members
will carry their minds a little further back—to the first
year of the Peninsular war—they will find that the
efforts now made equal those which the government of
that day were able to make. It must always be a matter
of great difficulty when we start with a peace establish-
ment to raise in a short time that augmentation of force
which the exigencies of a country at war may require.
I believe that in comparison with the present time
there has been no period in the history of this coun-
try; to which, within the same space of time, such
a large augmentation of force has been made, and
in which an army so large has been sent out to so
distant a country. It is true that the population
is greater ; but it is also true that the induce.
ments of industry, the wages of labour, are perhaps
now more tempting than they have been at any previous
time, and that the army therefore has now to combat
obstacles which did not formerly exist. Still, however,
I must do the people of this country the justice to say
that there never was a time in which the patriotism and
public spirit of the nation were displayed in a more
hearty manner than they have been by the great num-
ber who have entered the ranks of the army since the
war began. (Hear.) [The noble lord was then pro.
needing to refer to the Indian army, when Mr. V.
Smith called his attention to the fact of a messenger
having arrived from the Lords.] His lordship pro-
ceeded :—I will only now say, in conclusion, that I
thank my hon. and gallant friend for the suggestions
which ho has made, and I can assure him again that
they will receive the most careful consideration of the
Government.

; and who had listened outside the door for some time,
it appeared that the defendant was in a very excited
state ; that he cried bitterly, and was heard to say that
he should Sever love any other woman than the plain-
tiff ; and tbat he was sure he should never be happy with
the woman he was about to marry. After the defend-
! ant had left, the plaintiff proceeded to the house of the
Rev. Mr. Gets, the clergyman by whom the ceremony was
to be performed on the following day, and she informed
him what the defendant had said, particularly calling
his attention to the fact, that he had stated that he was
sure he would not be happy with the woman he was going
to marry ; and upon this, Mr. Gee sent for the defendant,
and had some conversation with him upon the subject,
when he did not deny the accuracy of Miss Godfrey's
statement, but said it could not be helped then, and he
could not marry her. Mr. Gee subsequently communi-
cated with the young lady's father but he did not ap-
pear to have taken any steps in the matter, and the mar-
riage took place on the day appointed.
The above facts were shortly put in evidence, and it
appeared that the plaintiff and defendant were about the
same age, six and thirty. The income of the defendant
was admitted to be about 2001. a-year.
Serjeant Shee, in the course of his address to the jury
for the defendant, said he wished it to be understood that
there was not the slightest ground for casting any asper-
sion upon the honour or character of the plaintiff, who
was undoubtedly a most respectable and virtuous young
woman, but the answer he was instructed to make to the
case for the plaintiff was that in point of fact no promise
of marriage had been made, and if it bad, that the plaintiff
herself had exonerated the defendant from performing
it. The learned sergeant said he should rest his defence
upon a letter written by the plaintiff herself to the de-
fendant shortly before the marriage, and when she wa3
aware that it was in contemplation, and he should call
upon the jury to put that interpretation upon it. He
then read a very long letter, written by the plaintiff, in
which she made some representations of an unfavour-
able character with regard to the family of the young
lady to whom defendant was about to be married, and
begged the defendant to pause before he carried out
the step he had in contemplation. The letter did not
make any direct allusion to a promise of marriage, but
it was written in most affectionate terms, and spoke of
the defendant having broken his promises, but added that
what was past could not be recalled. The learned counsel
argued that these and some other expressions of a simi-
lar kind that were contained in the letter amounted to an
exoneration from his promise, and upon that ground he
asked the jury for a verdict for the defendant. In the
course of his observations he referred to that portion of
the case by which the defendant was charged with hav-
ing made dishonourable proposals to the plaintiff, and he
said he was instructed that this was really not the fact.
The learned judge having summed up, the jury almost
immediately returned a verdict for the plaintiff. Da-
mages 4001.

NORTHERN CIRCUIT—LIVERPOOL, AuG.l4.
(Civil Side—Before Mr. Justice Crowder.)
BREACH OF PROMISE—DRWSBURY V. WHIFF.

This was an action in which Mary Dewsbury sought
to recover damages from William Whipp, for his non-per-
formance of his contract to marry her.
Mr. Hill, Q.C., and Mr. Sowler were for the plaintiff;
and Mr. Serjeant Wilkins and Mr. Monk were for the
defendant.
Although the parties live in a comparatively bumble
sphere of life, yet the case, like all others in which such
an interesting question is involved, excited considerable
interest, and the court was densely crowded. The ladies
mustered in large numbers, and appeared to be the most
eager listeners to the 'details of evidence, which occa-
sionally were not of the most delicate character ; then
there was the personal appearance of the litigant parties,
the young Lothario being a smart attractive man, while
the plaintiff was as unprepossessing as she was his senior
in years. These matters conspired to get a full court ;
and when the pleadings were opened,
Mr. Hill, Q.C., said, in this action the parties wore in
comparatively humble life, the plaintiff being a milliner
at Whitworth, near Rochdale, and the defendant a but-
cher, carrying on business at the same place. She went
to Whitworth about three years and a half ago, and
commenced business, and at the same time the defend-
was carrying on business jointly with his father. The
son (the defendant) soon became acquainted with the
plaintiff by meeting at some mutual friend's house, and
in a very little time he became her suitor. Ho was re-
ceived as such, and was looked upon as having honour.
able intentions, and generally his conduct was of the
description that would lead to the belief that he would
marry her. At length he opened a shop and carried on
business on his own account, and the jury would have
it proved that he was a constant visitor, and was re-
ceived as her lover. While thus situated he would prove
that the defendant took advantage of the position in
which he was placed, and, under the solemn promise of
marriage, he possesssed himself of the plaintiff's person,
and thus having betrayed her she became the mother of
a child. He then abandoned her, and it was in conse-
quence of having so acted the complainant had been
compelled to bring the present action before them, and
they would have to say whether a contract of marriage
was made. The only defence that could be set up was,
that the defendant did not promise to marry her ; the
burden was cast on him to prove that he did make the
promise ; and if that were established, the other, and
the only matter for their consideration would be what
amount of damages they would give her. The policy of
the law in late years allowed the disputing parties to be
examined on their oath for breaches of contracts and
wrong, but it does not extend to parties where they pro-
Mise to marry each other. He was unable, by law, to
call the plaintiff before them • he should have to give
them other evidence to show that there was a promise of
marriage made by the defendant to the complainant. He
would call before them the person who was the assistant of
the plaintiff, and she would state that the defendant was
received as the lover of the plaintiff. She heard him
promise to marry her, and it was frequently the subject
of conversation as to what should be done after the mar-
riage. He should clearly prove these facts, and they
could have no doubt that a contract took place, for the
breach of which this action had been brought. In a
mercantile action they could compensate by giving the
market price of the goods, or money may be paid ; but
in an action like this it altogether depended upon the
ciroumetances of the case what compensation should be
awarded. She was betrayed by the defendant under a
promise of marriage—eshe had been abandoned and de-
serted by him, leaving her the mother of a child ; and
now, what was her position ? And having been deceived
by him who promised to make her his wife, having been
so induced to yield herself to him, in what a situation
was she then in ? The defendant was well to do in the
world, and was possessed of property. He would prove
that he had built a house in which they were to reside •
and when he did that, he would ask them for temperate
damages— not vindictive ones—but a reasonable com-
pensation for the evil inflicted on her.
Alice Mills said—l know the 'plaintiff, and had lived
with her as an apprentice and assistant for three years.
Knew the defendant for six years, and had seen him at
the house of the plaintiff about a fortnight after I went
there. He was a butcher. He continued to call there
until September last. He called there for orders, and
paid his addresses to Miss Dewsbury. Sometimes he
called two or three times a day, and would be in the
shop or in the room where she sat. They both changed
their residences and lived next door to each other. On
the last Satin-lay in January, 1854, the defendant came
in the evening. I went to bed about twelve o'clock. I
saw the defendant before I went to bed. He said he
wanted some supper, and she told him to go home.
He did not go home, but remained. About three
o'clock on the following morning I was aroused by a
noise in the House. There was no one in the house but
myself, plaintiff, and defendant. I got up and down
stairs ; but did not find either of the parties. I went to
Miss Dewsbury's room door. I listened ten minutes
and heard Miss Dewsbury talking, but did not at first
hear what she said. I heard the defendant say they
should be married in a month. She said, "Not in a
month from now ; but you will be settled in your new
house in a month, won't you " He replied "yes ; and
we will be married then, shan't we ? " and she said,
HOME CIRCUIT.—CROYDON, AUGUST 14. " Yes." I knocked, and Miss Dewsbury came to the
(Before Mr. Justice Cresswell and a Common Jury.) door, and I said, " Mr. Whipp is in the room." She
GODFREY v. MILNE. I took the light from me and said, "Go to bed and mind
This was
an action to recover damages for a breach of your own business." I went to my room, but not to
promise of marriage, bed, as I intended to see Mr. Whipp, as he was in the
Mr
(10.
.. Montagu Chambers, Q.C. ; Mr. Edwin James, house. I saw him leave at five o'clock. There was a
k.r.
e‘e r
jeuaneit rs. T.
aCehditmtyrw.
Jeraeeechosunespepl
efoarredthfeerpltahientdiffe: good fire in the room. I saw a pair of Mr. Whipp's
Mr: Chamberee shoes and his hat on the stairs. A few days after, in
fendant.
conversation with Miss Dewsbury and Mr. Whipp, I
attractions that th e p wina:pening +he case to the jury, said said, " How soon is the wedding to take place ?" He
I,aainntrast thheeeattim? the transactions took place
young woman of some personal replied, " Oh, some time, perhaps." I said, " Yes, and
quay, in Devonshirje, wiL7ere,
were .the. soon." In October, 1853, Mr. Whipp brought awed-
whichshe occupied herself as
inquiry, she resided at Tor- ding ring into the house on a Sunday evening. He said,
wasa in - the habit of giving ".Miss Dewsbury, try this if it will fit." She tried it
a daily governess, and
lessons to the families on, and said "It's just the fit, but I should like it better
spectable Inhabitants of
th'eaome of the most re. than this." The defendant said, "A better you could
hood. The defendant had bee. `"n and' neighbour-. not have, you Might have a more expensive one, and I'll
ppneinin the naval service, get you one." The plaintiff got in the family way.
and at this time held an a
Guard. It appeared thaated h
. a eat in the Coast After January, 1854, the defendant came frequently to
at
the commencement;
in the the house.
same house with' the plaintiff,
maactoFeniencement By Mr. Serjeant Wilkins.—Miss Dewsbury is here.
ate and That is the person. We have been staying at a temper-
of the year 1854, they were on the
eiiiia:timnauheabit of ance house. The plaintiff is about 28 years of age. She
affectionate terms, and the defendant was
escorting the plaintiff to various places
was looked upon by every one as her intended husband, i,e not 40, that I know of. The defendant is about 24.
eh.used to scold him for staying late. She could scold
no doubt, but I made myself busy—womanlik©. I
do not know what you mean b saying there was fun
formaland there er
offere w was no
marriage.
T h ihneg
s eventually
went
eon
fer
soma made herdsa
time nd ,
in
thismanner, but at length it appeared that the plain- w
itTheyh
a man k e p t
acompany
three
ocllockknienwihe Tmoo morning n ing is
tiff communicated with her cousin, a gentleman named
kbeedlep-rgionnomn.
Stark, she having, it appeared, only one parent alive, company ; but I do not keep company like that.
a mother, who was . very advanced in life, and Mr. Miss Hi
Stark, in consequence of what the plaintiff had told Townleyggiann,l)ril was a artner. There were Miss
Jackson out-door apprentices. The
him, applied to the defendant, and requested to know , noise hs the bed-room one ; it was like the
the reason why he had not fulfilled his engagement with agitation of some of the a big
a
the plaintiff. The defendant, upon this occasion, .ad- that night, and .
as dropaeffeoef something " comfortable."
mitted the engagement he had entered into, and ex- The comfortable was
I was with Miss Dewsbury
pressed his regret at what had occurred, and through the when a military gentlensa.
andnthesh his wife lodged there.
instrumentality of Mr. Stark a reconciliation was effected Young men used to call at
betseeen the plaintiff and the defendant, and their inti- L. I have heard the plaintiff s ofeelea:o buy caps, gloves,
Gretna Green,
macy continued as before. Shortly afterwards, how- but.be married
never heard.here say that It:he married to a young ms.n. I
knewasiring there to
ever, it appeared that the plaintiff made another 'corn- b .
bull I did not go to him. .He never towld qhn Ingham,
munication to Mr: Stark, in consequence of which he
was away and must not come there. Miss
his master
again saw the defendant and accused him of having made
did not toll him he was a i, seee ow if tealdid Dewsbury
desheaourable- proposals to the plaintiff, and of having;
me. Hannah Webb has seen the parties not engage
endeavoured to was
her, to consent to his ,wishes by s together besides
.
aiming ihat she was already his wife in the eye of God, me. ,
Thee)* a-- • • Hannah Webb swore.—l am a cousin
ti anteded not to deny that this was true, of the plaintiff,
but, IA fieiree;sed d appear
'
3 regret for his conduct, and a 1 and reside in Manchester with my uncle, a .
second reconciliation.eel)effectedbeen there nine years. I remember, in J I
ti was and the parties con- I have
..
to whitworth on anuary,
nued on theeeiost friendly 1854,
year, when •le was 'ascertained Dewsbury. My friends, who • been Paying him that the defendant had day with Miss _ er- came with
,ineirreises to the daughter of a farmer , me, went home on the same evening, but I remained
named Distine the same neighbOurbood, who was un- ! until Wednesday. I saw the defendant on Monday, and
der 20, and who;
with the plaintiff which she
Wae said to.beentitled to considerable 1 he had some conversation
~H
property, and ittateleneth
transpired that the 20th of told me. He said to her, aye you ld her what I
January was the. day.fii .
" upon which he
ed fel. t 'he marriage. lt ap- desired you ?'' and she replied, " Yes,
peered that on the 'Veiling of theoodfrel9th the defendant went desired me to come and see then happy. I told him I
to the residence of, Miss:
private interview with hee• whYu'll wished to have a 'would. •
e precise, object of 1 Cross-examined by Mr. Serjeant Wilkins—My uncle
this interview was did not eery Clearly
r, but from,l is a draper,; he carries on business at 5, Oldham-street,
the testimony of a cervant whose "cuYrioarra
in y was excited, Mancheeter. I reside in Hardwick, at 72, Higher

The SPEAKER announced that the House of Lords
had agreed to the only remaining bills before Parliament.
Capt. L. VERNON asked the Under secretary for
War whether the situation of Deputy Quarter Master
General to the Forces, recently revived after a discon-
tinuance of nearly thirty years, is again to be abolished,
the officer appointed to that post, Major General. Sir
A. Torrens, having received another appointment as
Military Commissioner at Paris, where he has been resi-
dent for the last two months ?

Mr. F. PEEL said that the office would be continued
during V.° continuance of the war, and that the present
vacancy would be filled up as soon as possible.

ASSIZE INTELLIGENCE.

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