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

THE SUN, LONDON, WEDNESDAY EVENING, AUGUST 15 1855

IMPERIAL PARLI AMEN T.

HOUSE OF LORDS-(YESTERDAY.)

Shortly
was this day prorogued by commission.
Shortly after two o'clock the Lord Chancellor, the
Earl of Granville, the Earl of Harrowby, the Duke
of Argyll, and Lord Stanley of Alderley entered the
house robed as her Majesty's Commissioners, and the
House of Commons having been summoned,

The following bills reoeived the Royal Assent by Com-
mission :—Consolidated Fund (Appropriation) ; Exche-
quer Bills (7,000,000/.) ; Customs' Tariff Acts Amend-
ment and Consolidation ; Customs' Laws Conso-
lidation ; Excise Duties ; Turkish Loan ; Office
of Speaker ; Trinity College, Dublin ; Dwelling
Houses (Scotland) ; Religious Worship ; Slave
Trade (Sherbro) ; Youthful Offenders (No. 2) ;
Crown Suits ; Merchant Shipping Act Amendment ;
Turnpike Acts Continuance (Ireland) ; Militia Officers
Qualification; Fisheries (British Islands and France) ;
Downing-street Public Offices Extension ; Turnpike Acts
Continuance (No. 2); Sale of Spirits (Ireland) ; Turnpike
Trusts Arrangements ; Lunatic Asylums and Regula-
tion Acts Amendment ; Militia Ballot Suspension ;
Island of Tobago Loan ; Coal Mines Inspection ;
Crime and Outracre (Ireland) Act Continuance ;
Lunatic Asylums '(lrelansi) Advances ; Navigation
Works (Ireland) ; Court of Judication (Prince of Wales
Island) • Bills of Lading (No. 2) ; Sale of Beer; Ord-
nance Board ; Passengers Act Amendment ; Metropo-
litan Local Management ; Nuisances Removal and
Diseases Prevention Acts Consolidation and Amend-
ment ; Huddersfield Burial Ground Act Amend-
ment ; Ledbury Prebend ; London and South-
Western Railway ; Dundalk Harbour and Port ;
Glasgow, Dumbarton, and Helensburgh Railway ;
Great Western and Brentford Railway; Stokes Bay
Railway and Pier ; 'Westminster Improvements • Der-
byshire, Staffordshire, and Worcestershire Railway
(No. 2) ; Royal Conical Flour Mill Company ; West-
minster Land Company ; New River Company, and
Trustees of the River Lea (No. 2) ; Western Ter-
minus Railway (Clapham to Norwood) ; Chinese
Passenger Ships ; Metropolitan Buildings ; Despatch
of Business (Court of Chancery) ; Charitable
Trusts ; Inverness Bridge_; Criminal Justice ; Public
Houses (Ireland) ; Fublic Health (1854) Continuance and
Amendment ; Diseases Prevention ; Militia Pay ; School
Grants, Security for Application ; Public Health (No.
2) ; Dwellings for Labouring Classes; Burials; Limited
Liability; Union of Contiguous Benefices; St. John's
College (Oxford) Estate ; Harvist's Estate ; Morton
College Estate ; Haltord's Estate ; Handcock's Estate ;
Lord Clermont's Estate ; Marshall's Charity ; Ewing's
Divorce ; Wyndham's Divorce ; Jones's Divorce ; Sum-
ner's Divorce ; Harlow's Divorce.

The LORD CHANCELLOR then read her Most
Gracious Majesty's Speech, as follows :

MY LORDS AND GENTLEMEN,
We are commanded by her Majesty to release
you. from further attendance in Parliament, and at
the same time to express the warm acknowledg-
ments of her Majesty for the zeal and assiduity
with which you have applied yourselves to the
discharge of your public duties during a long and
laborious session.

Her Majesty has seen with great satisfaction
that, while you have occupied yourselves in pro-
viding means for the vigorous prosecution of the
war, you have given your attention to many
measures of great public utility.
Her Majesty is convinced that you will share
her satisfaction at finding that the progress of
events has tended to cement more firmly that union
which has so happily been established between her
Government and that of her ally the Emperor of
the French ; and her Majesty trusts that an alli-
ance founded on a sense of the general interests of
Europe, and consolidated by good faith, will long
survive the events which have given rise to it, and
will contribute to the permanent well-being and
prosperity of the two great nations whom it has
linked in the bonds of honourable friendship.
The accession of the King of Sardinia to the
treaty between her Majesty, the Emperor of the
French, and the Sultan has given additional im-
portance and strength to that alliance, and
the efficient force which his Sardinian Ma-
jesty has sent to the seat of war to co-
operate with the "Allied Armies will not fail
to maintain the high reputation by which the army
of Sardinia has ever been distinguished.
Her Majesty has commanded us to thank you
for having enabled her to avail herself, as far
as has been found to be required, of
those patriotic offers of extended service which
she has received from the Militia of the United
Kingdom,, and for the means of reinforcing her
brave army in the Crimea by an enlistment of vo-
lunteers from abroad.

Her Majesty acknowledges with satisfaction the
measure which you have adopted for giving effect
to the convention by which, in conjunction with
her Ally the Emperor of the French, she has made
arrangements for assisting the Sultan to provide the
means which are necessary to enable him to main-
tain in efficiency the Turkish army, which has so
gallantly withstood the assaults of its enemies.
Her Majesty, in giving her assent to the bill
which you presented to her for the local manage-
ment of the metropolis, trusts that the arrange-
ments provided by that measure will lead to many
improvements conducive to the convenience and
health of this great city.
The abolition of the duty on newspapers will
tend to diffuse useful information among the
poorer classes of her Majesty's subjects.
The principle of limited liability which you have
judiciously applied to joint-stock associations
will afford additional facilities for the employment
of capital, and the improvements which you have
made in the laws which regulate:friendly societies will
encourage habits of industry and thrift among
the labouring classes of the community.
Her Majesty trusts that the measures to which
she has given her assent for improving
the Constitutions of New South Wales,
Victoria, and Tasmania, and for bestowing on
the important and flourishing colonies of Australia
extended powers of self-government, will assist in
the development of their great natural resources,
and will promote the 'contentment and happiness
of their inhabitants.

Her Majesty commands us to say that she
has been deeply gratified by the zeal for the
success of her Majesty's arms, and by the sym-
pathy for her soldiers and sailors manifested
throughout her Indian and Colonial Empire ; and
her Majesty acknowledges with great satisfaction
the generous contributions which her subjects in
India, and the Legislatures and inhabitants of the
colonies have sent for the relief of the sufferers by
the casualties of war.
GENTLEMEN OF THE HOUSE OF COMMONS
Her Majesty commands us to convey to you her
cordial thanks for the readiness and zeal with which
you have provided
in whichidedthenecessa'ry supplies for carry-
ing on the
war e
t sthe ho
her lilrdn
aj ee sts a
y
his
sndsacriengaged.
fices
which
Her Majesty laments
which it has become
necessaryek to impose upon her
faithful people ; but s
with which you have alleviated the
gweightes t h e
ofw sd o
thosem
burdens by the mixed arrangements which you
have made for providing those
EzTsupplies.
MY LORDS AND GENTLEMEN,
Her Majesty commands us to sa, , that she has
seen with sincere regret that the entlyeeavzours which,
conferences
rnooosf
in conjunction with her Ally
the French, she made at the recentta
at Vienna to bring the war to
on conditions consistent with the honoullelori°n
the
Allies, and with the future security of Europet
e,
have proved ineffectual ; but those endeavours
having failed, no other course is left to her Ma_
jesty but to prosecute the war with all possible
vigour, and her Majesty, relying upon the support
of her Parliament, upon the manly spirit
and patriotism of her people, upon the
never-failing courage of her army and . her
navy, whose patience under suffering and
whose power of endurance her Majesty has
witnessed with admiration, upon the steadfast
fidelity of her allies, and above all upon the
justice of her cause, humbly puts her trust in
the Almighty Disposer of events for such an issue
of the great contest in which she is engaged as
may secure to Europe the blessings of a firm and
lasting peace.
On your return to your several counties you
will have duties to perform little less important than
those_ which belong to your attendance in Parlia
meta, Her Majesty trusts that your powerful
influence will be exerted for the welfare and
happiness of her people, the promotion of which is
the object of her Majesty's constant care, and the
anxious desire of her heart.

ASSIZE JNTELLIGENCE,

HOUSE OP COMMONS.—(YESTERDAY.)
The SPEAKER took the chair at half-pastione o'clock.
Sir AUGUSTUS CLIFFORD appeared at the bar and
summoned the house to the House of Lords to hear her
Majesty's most gracious speech proroguing Parliament.
CONDUCT OF THE WAR.
Sir DE LACY EVANS took that opportunity for
saying a fee/ words upon a subject which, he believed,
would be most interesting to the house. The object
which he bad in view was to elicit from the noble lord
at the bead of the government a declaration—which
would be most satisfactory to the house and to the
country at large to have made--that in tbe long interval
of the corning recess the Government were determined
to prosecute the war with the greatest possible vigour.
He had no doubt but that some gentlemen sitting be-
hind the Treasury bench might think the declaration;
which he asked was quite superfluous, because the noble
lord had repeatedly declared his intention to prosecute
the war. He however could not altogether forget that
in some instances—in one instance, he might say, espe-
cially=the house had found ministers advocating a
vigorous prosecution of the war in whose conduct there
was ultimately found to be a grevious shortcoming.
Another consideration induced him to rise on this occa-
sion—it was because he was old enough to recollect the
last war, and in contrasting our present exertions with
those which-were then made he saw a great falling off.
- Throvo.bhout the former war we had,—.nanaung the troops
Gibraltar-80,000 men in the field ; we hal 40,000

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do ri
sgeadn, sfeedd,,
pc oar. d ranndde d
cobtyh e
dB rwi
dßritish money. For the last two years of the war the
numbers were greater, heatesr,iadntdhatw
ethoughthad 0
Ih2o
e,woaos
British
the mark when
end 40,000 Portuguese troops. Comparing their 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 the 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 bead 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-
r-gular 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 he
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
ten 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 couree if his views
were adopted with regard to the Indian army, it wouid
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
bounties 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 10/. 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 had
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 leneth
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
had taken place, to test the opinions of those hon. andright hon. gentlemen. Had there been any such, that
country and Europe would then have teen 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, and I 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 iii
the latter part of the late war, the balance will be
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 au 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-
ceeding 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 he has made, and I can assure him again that
they will receive the most careful consideration of the
Government.

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 Commis-icner :it Paris, where he has been resi-
dent for the last two months ?

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 Wai heard to say that
be should never love any other woman than the plain-
tiff; and that 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. Gee, 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 ; 6nd upon this, Mr. Gee sent for the defendant,
and had some conversation with hini 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-
riare took place on the day appointed.

- The above facts were shortly put in evidence, and it I
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 had, 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 was
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—LevERPon, Auu. 14.
(Civil Side—Before Mr. Justice Crowder.)
BREACH OF PROMISE—DEWSBURY V. WHIPP.
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 humble
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
thine 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 were in
o nparatively humble life, the plaintiff being a milliner
at Whitworth, near Rochdale, and the defendant a buf-
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. He was re-
ceived as such, and was looked upon as having honour.
able intentions, and generally his conduct was of the
deseription 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, an
taey 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
Cee plaintiff, and she would state that the defendant was
received as the lover of the plaintiff. She heard Jilin
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
ciroeinstancee of the case what compensation should be
awarded. She was betrayed by the defendant under a
promise of marriage—she 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 wrio 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 yearF.
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 Satur 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 seine 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 hours 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 mien-es
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 mouth. 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,
" Yes." I knocked, and Miss Dewsbury came to the
door, and I said, " Mr. Whipp is in the room." She
took the light from me and said, "Go to bed arid mind
your own business." I went to my room, but not to
bed, as I intended to see Mr. Whipp, as he was in the
house. I saw him leave at five o'clock. There was a
good fire in the room. I saw a pair of Mr. Wbipp's
shoes and his hat on the stairs. A few days after, in
conversation with Miss Dewsbury and Mr. Whipp, I
said, " How soon is the weddiug to take place ?" He
replied, " Oh, some time, perhaps." I said, " Yes, and
soon." In October, 1853, Mr. Whipp brought a wed-
ding ring into the house on a Sunday evening. He said,
" Miss Dewsbury, try this if it will fit." She tried it
on, and said " It's just the fit, but I should like it better
than this." The defendant said, " A better you could
not have, you might have a more expensive one, and I'll
get you one."' The plaintiff got in the family way.
After January, 1854, the defendant came frequently to
the house.
By Mr. Serjeant Wilkins.—Miss Dewsbury is here.
That is the person. We have been staying at a temper-
ance house. The plaintiff is about 28 years of age. She
is not 40, that I know of. The defendant is about 24.
I used to scold him for staying late. She could scold
him, no doubt, but I made myself busy—womanlike. I
do not know what you mean by saying there was fun
going en. They kept company, I knew. To be in
bed-room with a man at three o'clock in the morning is
keeping company ; but I do not keep company like that.
Miss Higginbottom was a partner. There were Miss
Townley and Miss Jackson out-door apprentices. The
o ipso military" gentlemanto
nose iu the bcd-room was a big one ; it was like the
agitation of some of the furniture. She got him supper
that night, and a drop of something " comfortable."
The comfortable was coffee. I was with Miss Dewsbury
an
fe o d gedgloves, there. Young
n used
e
call et haend s w
sh t buyoicaps, (tc• I have heard the plaintiffspeakofG Green,
but
but I never heard here say that she was going there to
be married to a but I did not go young man.
I know John Ingham,
to hich
• He never told me his master
was away and must not
did not come there. i Mss Dewsbury
toll him he was a soft one" if h 6 di •
d not engage
me. Hannah Webb has seen the parties together besides
me.

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

HOME CIRCUIT.—CROYDON, AUGUST 14.
(Before Mr. Justice Cresswell and a Common Jury.)
GODFREY V. MILNE.
This was an action to recover damages for a breach of
promise of marriage.
_ Mr. Montagu Chambers, Q.C. ; Mr. Edwin James,
t.:.:re.;'a.nd Mr. T. Chitty were counsel for the plaintiff.
QM r. Serjeant Shee and Mr. Jacobs appeared for the de-
fendant.
Mr. Chambers, in opening the case to the jury, said
that the plaintiff was a young woman of some personal
attractions, and and at the time the transactions took place
,ciw,oeadiyean,ilyin
gneoevtvheoreonseshauisrbjee,ct of inquiry, she resided at Ter-
where she occupied herself as
lessons to
spec table inhabitant' families
sf
the
fr:lnland was in the habit of giving
otfhosOtlnowe
oofontdhe
neighbour-
hood. The The defendant had been in the naval service,
appeared n appointmenth in the Coast
ouselwtith the plaintiftf antndu;at the commencement
and at this time
i
same GerGer dh.
the defendant was in the habit of
he lodged in the
e most intimate and
of
affectionatethe year
terms,lBs4 they
and
!is of amusement,
!tided husband,
escorting the plaintiff to various
made her a
was looked upon by every one as Flea:
and there was no doubt that he eventually
namedai,
formal offer of marriage. Things went on for some •
in this manner, but at length it appeared that time
tiff communicated with her cousin, a gentlemannheplain-
parent
Stark, she having, it appeared, only on,
a mother, who was very advanced in life, and Mer.,
Stark, in consequence of what the plaintiff bad told
him, applied to the defendant, and requested to know
the reason why he had not fulfilled his engagement with
the plaintiff. The defendant, upon this occasion, ad_
witted the engagement be had entered into, and ex-
pressed his regret at what had occurred, and through the
instiumentality of Mr. Stark a reconciliation was effected
between the plaintiff and the defendant, and their inti-
macy continued as before. Shortly afterwards, ho w-
ever, it appeared that the plaintiff made another com-
munication to Mr. Stark, in consequence of which he
again saw the defendant and accused him of having made
Hannah Webb sworn.—l am a cousin dishonourable proposals to the plaintiff, and of having
remember, my uncle, a drap • I
of the plaintiff,
endeavoured to , induce her to consent to his wishes by
tihneMreanniochoeysetearrs.witlh
stating that she was already his wife in the eye of God.
in January,eh
rile defendant did not appear to deny that this was true,
hut he expressed deep] regret for his conduct, and a
,econd reconciliation was effected and the parties con- rav4erbeseiedne
:inued on the most friendly terms until the end of the 1854, going to whitworth on a Sunday, and I
gear,_ when it was ascertained that the defendant bad day with Miss Dewsbury. My friends,
who
camespent the
.)eaerenereing his addresses to the daughter of a farmer me, went home on the same evening, but I rem with
ained
ler 20, and in the same neighbourhood, who was un. i until Wednesday. I saw the defendant on Monday,
and who was said to be entitled to considerable !' be had some conversation with the plaintiff and
which she
iroperty, and •t .•
tll tat length transpired that the 20th of told me. He said to her, "Have you told her what 1
.Tannery was e day fixed for the marriage. It ap. desired you ?'' and she replied, " Yes," upon which he
Jeered that on
. _ the evening of the 19th the defendant went desired ale to come and see them happy. I told him I
.;o the residence of Misrivate interview with her.
seGodfrey and wished to have a would.
,his integview was did liotr. What the precise object of Cross-examined by Mr. Serjeant Wilkins—My uncle
the tegiufany of alervantlery clearly appear, but from is a draper ; he carries on business at 5, Oldham-street,
Winn- C . •
uriosay was excited, .Manchester. I reside in Hardwick, at 72, Higher

Temple-street, with the same uncle. I am 24 years of
age. My cousin may have turned 30. I visit my cousin
once in three or four months.

--Junes Mills said he was a stonemason, carrying 'n
business at Whitworth, and had built a house for the de-
fendant. He had joked him about marrying the plaintiff.
Mr. Seijeant Wilkins then addressed the jury for the
defendant, which, while it was amusing to the male
members of the audience, was not of a description de-
sirable for ladies' ears. He remarked that his learned
friend (Mr. Hill) possessed one great quality when before
a court, land that was, gravity ; how he could have
talked such nonsense he could not imagine. It was like
Brutus haranguing over the dead body of Lucretia, when
he talked of having betrayed, deceived, and abandoned
one of the loveliest flowers that could have been ga-
thered by the ruthless hand of man. (Great laughter.)
He asked them for the largest amount of indignation on
the head of the seducer who had destroyed the sweet
beauteous flower, blooming in all her loveliness behind
the pillar (one of the pillars in court.) Why, one would
suppose it to be a twofold seduction !
Mr. Hill—l shall have the right of reply if you go
into such a matter.
Mr. Serjeant Wilkins, repeating the words, continued
—Lord Eldon had said, " Thore was sic a thing as
proof positive, and sic a thing as proof presump-
tive," and knowing his friend's good taste, and his
criticism of female loveliness—(laughter)—one could
understand why he nudged his attorney to go and take
'the beauty out of court. (Roars of laughter.) Now,
what was the case ? This gay seducer began his seduc-
tion between three and four years ago ; then be must
have been 20 years of age ; and she has the modesty to
come into court to listen to that of which she has no
right to complain. His learned friend told them in his
reply that he (Mr. Serjeant Wilkins) would endeavour to
disparage the appearance of the plaintiff. That would
be a work of redundancy. He asked them whether any
man, be he young or be he old, could discover anything
in the plaintiff to make him act in such a way ? The
defendant went there as a butcher, and she supposed he
at once threw sheep's eyes at her. He went there for
meat, and he got au order for a heart. (Laughter.)
Well, then, without any note of preparation—without
anything to show it—where and when was the first time
any promise, if any there were, was made ? Up in her
own bed-room, at 3 o'clock in the morning ! Not down
stairs when they were quietly alone, but where they
were so noisy in their amours that they disturbed the
assistant up-stairs. He believed the whole story to be
a fabrication ; there was not a single person brought for-
ward to show that they were ever seen out together. If
the jury believed that a promise had been made, he
trusted they would mark their sense of the woman's con-
duct, who was fully 40 years of age, and was not unac-
quainted with life, while the defendant's age was only
24, by giving a verdict for the defendant, or one farthing
damages.
HiEt Lordship summed up, and in a few minutes a ver-
dict for the plaintiff, with 401. damages was returned.

were to say whether he was entitled to compensation.
That he thought was the common sense view of the law.

Toe Chairma❑ referred to the second section of the
ac', which stated that compensation should be awarded
only where property should have been feloniously de-
molished, pulled down, or destroyed, wholly or in part,
by any persons riotously and tumultuously assembled
together, and inquired whether there was any felony in
this case.

Mr. Curling was of opinion that when a mob like this
went wilfully and maliciously to destroy another's pro-
perty, they acted feloniously.
The Chairman said that the term feloniously was
used as a specific term for a certain crime, and the ques-
tion was whether this mob has committed any felony.
There were several decisions upon the matter.
Mr. Curling trusted that the magistrates would decide
not according to precedent, but according to the com-
mon-sense view of the case.

The Chairman—There were two classes of crimes, one
felonies, and the other misdemeanours, and there was no
doubt that the mob committed no felony, though they
might have committed misdemeanours.
Mr. Curling submitted that by so deciding, the magis-
trates would encr:urage a feeling of insecurity, whilst on
the other hand they should all feel secure if they had the
Protection of the lam. He came there under a
specific act of Parliament, which said that, if his property
was demolished, the Hundred should make compensation.
The Chairman—lf "feloniously" demolished.
Mr. Curling thought if a mob, setting all law at defi-
ance, and to gratify a wicked disposition, destroyed pro-
perty, they acted feloniously. He might himself have
been behind the glass, and been killed; and then it would
have been felony.
The Chairman said that this kind of felony had been
defined in another act, which said that where any per-
sons riotously assembled together should unlawfully and
with force demolish, pull down, or destroy, any dwell-
ing-house, shop, &c., or begin to do so, every such of-
fender should be guilty of felony.
Mr. Curling submitted that this mob had began to de-
molish and pull down.

The Chairman—They bad only broken the windows,
and if they had been well thrashed it would have served
them right, but there was no felony. The decision of
the bench must be to refuse to make the order for com-
pensation, and if Mr. Curling was dissatisfied he could
appeal, but he (the Chairman) thought it would not be
worth his while, for the law was dead against him.
Similar decisions wera given in several other cases,
and the business of the session terminated.