The Sun.
London, England, 1855-11-30 00:00:00

THE SUN, LONDON, FRIDAY EVErvirin NOVEMBER 30 1855.

LAW INTELLIGENCE--;lbis Day.)

Sennett left, saying, "You may do your best or do your
worst."
Other evidence was given in support of the plaintiff's
case.

RAILWATO.

btuALAr
Company.

C 06121 x trice
yester iay.

&mum,
this day

COURT 01? EXCHEQUER.

(Before Lord Chief Baron Pollock and a Special Jury.)
ALLEGED BREACH OF PROMISE AND
SEDUCTION.
MELSOME V. WILLIAMS.
This was an action for an alleged breach of promise of
marriage and seduction, and the declaration stated that
the plaintiff and defendant agreed to marry one another,
and that the defendant refused to marry the plaintiff,
who was always ready and willing to marry him. The
defendant pleaded that he never agreed to marry the
plaintiff as alleged.
Mr. Serjeant Wilkins and Mr. Prideaux appeared for
the plaintiff, and Mr. Chambers, Q.C., and Mr. Rose
for the defendant.
Mr. Serjeant Wilkins, in stating the case to the jury,
said the plaintiff was a dressmaker and milliner, ze-
siding at Bristol, and the defendant, Mr. William Evans
Williams, was a gentleman residing in Wales. Toere
was a disparity in the ages of the parties, and in
other respects, the defendant being her senior, and far
above her in his position of life, which was
rather, he thought, an aggravation of the case. The
plaintiff was the daughter of respectable parents, and
during her residence with her mother the defendant ob-
truded himself very much on her attention, following her

No evidence was offered for the defence.
Mr. Locke then addressed the jury in mitigation o
damages, after which
His lordship summed up, and the jury returned a ver.
diet for the plaintiff, damages 501.

home to find out her address. She at first repulsed him,
but, having discovered her address, he called at her re-
sidence, and obtained an interview with her, which led
to her ruin and destruction after the death of her mother.

•
The defendant, after that, allowed her a small sum to live

on for a short time, but becoming, as was usually the case
with selfish men, tired and nauseated with the society of
one whom he had at first so ardently sought after, had cast
her on the world with the loss of reputation and a blasted
character. Under these circumstances be called o❑ the
jury to mark their sense'of such conduct by the damages
they would award the plaintiff. The first witness called
was

Mrs. S. Mizsan, wife of a millwright, who deposed
that she lived in the house with the plaintiff and her
mother in November, 1853. The defendant visited the
plaintiff at that time ; witness opened the door t,)
On one occasion she listened at the door of plaintiff's
room, and heard the plaintiff tell the defendant she had
a young man named Vowles paying his addresses to her.
The defendant told her if she wou:d give him up that he
woald give her a silk gown, and marry her in three
months. Plaintiff replied that she might do so if he
acted honourably. The plaintiff's mother shortly after
died, and the plaintiff left and went to reside in Jamaica-
street.

In cross•examination witness said it was after the
mother's death the defendant visited her. The young
man Vowles used to frequently visit the plaintiff. He
went in and out when he liked.

Mrs. Sarah Whitworth deposed that she resi:led at
3, Jamaica-street. The plaintiff lodged with her in
December, and was visited by the defendant six or seven
times. On one occasion she listened at the door and
heard the defendant press her to consent to be marrird
to him. The defendant used to take her to the theat'e,
returning home with her between 11 and 12 o'clock,
remain some time, and then go to his hotel. She
heard a great deal said about the parties she did not like,
which she informed the defendant. She had her suspi-
cions from the first. She gave plaintiff notice to leave
her house, believing the plaintiff had yielded to the de-
fendant's solicitations.

A. letter from the solicitor to the plaintiff, named
Hare, addressed to the defendant, was put in, but only
partly read, and withdrawn.
This was the plaintiff's case.
Mr. Serjeant Wilkins having again addressed the

jury,r. Chambers summed np the evidence on tile part
of the defendant, characterising the case as an absurd
one. They were in total ignorance of the condition of
the defendant and many circumstances connected with
the plaintiffs which ought to have been given in evi-
dence.

The Lord Chief Baron interrupted the learned coun-
sel, saying there bad not been a particle of evidence
given of the condition in life or the age of the defendant.
In fact, be had never, in the whole course of his life,
known a case brought before a court of justice in so
barren a state as this. Whether the defendant was rich
or poor, older or younger than the defendant, they knew
not. All they did know of them was that they had
arrived at the age of puberty, and their sexes. The marriage,
if it had taken place, might have been, for anything they
knew to the contrary, the most improvident and impru-
dent thing imaginable, and evidence on this head ought
to have been given by the plaMtiff. It did not appear,
as he had already stated, who the defendant wag, and it
might be that he was a married man incapable of making
or fulfilling the promise, and the only evidence they had
of the promise was what two persons had overheard.
He could not help thinking, when looking at the letter
that had been putt n, that this was an attorney's action.
Mr. Prideaux said thel etter was not in evidence. It
had been withdrawn.
The Lord Chief Baron said he had heard suffic;ent of
the letter read to induce him to say that he suspected
this action had been brought by the attorney.
Mr. Prideaux protested against anything being said
of a letter that had been withdrawn.
The Chief Baron said he had a right to dray that
opinion from the letter.
Mr. Prideaux—Yes ; but not to state it to the jury.
Mr. Chambers then continued his address to the jury,
treating this as an action the most disgraceful that had
ever been presented to a jury.
The Chief. Baron in summing up, said this certainly
was a most marvellous action. After referring to the
evidence of the witnesses relative to the promise and the
present of the silk dress, and the fact of that mysterious
individual, Vowles, who had the run of the house, said
he certainly should have liked to have heard more about
the parties than had been given in evidence.
The jury retired to consider their verdict, and after
an absence of 20 minutes returned into court, when
Tne Foreman :aid the jury were unanimously of
opinion there had been a breach of promise, but that
there was no evidence that the plaintiff had sustained
any pecuniary loss. Was it competent for them to give
damages under such circumstances ?
The Chief Baron—To give nominal damages.
The Foreman—What is meant by nominal damages ?
The Chief Baron--A shilling or 40s. If it were the
intention of t'ie jury to give the plaintiff costs, he must
tell them that from the judgment and experience he had
had in these tnattere this action bad nut been brought
for the benefit of the plaintiff, but for the attorney to
put costs into his pocket.
The Foreman—Then your lordship thinks this an
attorney's action ?

The Chief Baroni—l do.
The Foreman said the jury wished to prevent the
plaintiff from being annoyed for the future by the at-
torney.
The Chief Baron—There will be no annoyance after
this. I believe it is an action, "no cora no Pay-111
(Laughter )
The jury again retired. and in a few minutes returned
with a verdict for the plaintiff—damages one farthing.
Mr. Rose asked his lordship to certify under the act
to deprive the plaintiff of costs.
His lordship conLentel.

,Before Mr. Baron Pollock and a Common Jury.)
WEAVER V. SENNETT.—SEDUCTION.

This was an action brought by the plaintiff, a ginger-
beer dealer, residing near the Borough-market, to re-
cover damages for the loss of his daughter in-law's ser-
vices through the 'misconduct of the defendant, a son of
a furrier, by whom his daughter-in-law was employed.
Mr. Pearce and Mr. Brook appeased for the plaintiff ;
Mr. Sergeant Wilkins and Mr. Locke for the defendant.
Mr. Pearce, having addressed the jury detailing the
facts of the case, called
Rebecca Penner, who deposed she was 18 years of age
last birthday, and lived with the plaintiff. In February
last I was employed at Messrs. Sennett s, who carry on
business as furriers. On the evening of the 20th Fe-
bruary, the defendant ordered me to be at the factory at
a quarter to 8 o'clock the following morning (Wednes-
day), as he wanted me particularly. The defendant was
the superintent of the room in which I worked. I went
to the factory at the appointed time, and to the machine
room, where I worked. I there saw the defendant alone.
After i had taken off my bonnet and shawl, he locked
the door, came to me and put his hand under my clothes.
I resisted him. Ile ultimately succeeded in throwing
me down and lifting my clothes over my head, and taok
advantage of me. I screamed, but no assistance came to
me. The dwelling-house was some distance from the
machine-room, and two brick walls intervened. This
occurred on Wednesday. On the Tuesday following,
feeling unwell, I told my father and mother of what had
occurred, and the next morning I applied to Mr. Wood,
surgeon, and was under him a fortnight. At his advice I
became an outpatient of Guy's Hospital for 11 weeks.
On the 30th May I became an in-door patient, and was
under Dr. Poland for 15 weeks. I teen again became
an out-door patient, and am so now. I have never had
connection with any other man than the defendant. My
sufferings were the result of that connection. I assisted
my father as a gitiger-beer-maker, and in attending to
have worked for Messrs. Sennett
about four years.
the household duties.
Cross-examined
usual hour for commencing work
jtie
was about 8 or a quarter past 8 o'clock. About 4 men and
100 women worked at the factory. I don't know a man
named Grogan. I have seen him, he is in court, but
I don't know what he is here for. When the women who
work in the room came to work that morning I did not
tell them what had happened. I continued my work as
if nothing had occurred the whole of that day and till
the Thursday following ; that was the first time I felt
anything, and then I told my parents. I live with my
parents at the back of the Borough Market. I
nor pawned my shawl to procure
never applied to the magistrates for a butnruons
against Gr Zan,
the money to pay for the summons. I have not worked
at the defendant's factory since the 27th Februrary.
When the defendant caught hold of rue he said "he
would do it." I struck him.
Re-examined—l tried to leave the room, but the de-
fendant prevented me.
The mother of the last witness deposed that, after
her daughter was at the hospital, the defendant and his
mother called on witness and asked her how her daughter
was ? Mrs. Sennett said "it was a bad job, and she
would have given all the world if the head-master of
the factory had not known it ;" the defendant said "he
was aware he had had the disease, but thought he had
got rid of it." They both went to the hospital after
that, where Mrs. Sennett asked her daughter if she would
marry the defendant. She
.declined on which Mrs.
_

Naval and Military Intelligence.

The steam transport Europa, No. 55, C,pt. J. Leitch,
arrived at Portsmouth yesterday afternoon from the East.
She left Malta on the 18th inst., and brought Col. Coul-
bourne, of the Staff ; Capt. Mundell, of the Land Tran-
sport Corps ; Capt. Leslie, of the Royal Artillery, wife,
and servant ; Capt. Heath, C. 8., R.N., late principal
agent for transports at Balaklava ; the Misses Bellamy;
Sergeant-Major Browne, of the 7th Fusiliers ; Sergeant
Cook, of the 30th Regiment ; and four seamen.
The Orinoco steam-transport left Portsmouth yester-
day afternoon with the Land Transport Corps and other
levies for the EPst.
The hired screw steam transport Jura, No. 14, Capt.
Wickham, which left Balaklava on the 15th inst., arrived
in Plymouth Sound yesterday morning. She left Malta
on the 9th. Excluding 60 hours of coaling the passage
was made in 13 days and 6 hours. The Jura embarked at
Kazatch Bay and Balaklava,underc)mmand of Col. Hol-
loway,lo4S Royal Marines from Kinbourn and Balaklava,
many of whom have been employed in the trenches be-
fore Sebastopol. At Scutari she discharged 122 men
into her Majesty's ship Queen, and at Malta 258 men
into the London and Rodney. At Plymouth she lands
260 men and six officers —viz., Lieut.-Colonel Carep•
bell, Lieut.-Colonel Michell, Lieutenant and Adjutant
Elliott, and Lieutenants Turpin, Spratt, and Thomas.
The remaining 410 will be landed at Portsmouth,whither
she also conveys Colonel Hurdle, C. 8., who joined at
Malta. The Jura was only 23 hours and 20 minutes
from the anchorage at Balaklava, to the anchorage at
Constantinople--the fastest passage known. In going
from Constantinople to Balaklava some ten days previous
she is said to have beaten the screw steam-ship Hima-
laya, which Failed one hour and a half before and arrived
half an hour after the Jura. The Jura belongs to the
Cunard line of steamers:
As soon as they can be obtained 200 additional ship-
wrights and about 150 other artisans and labourers are
to be entered in Chatham Dockyard. The floating bat-
tery that is ordered to be built at that port is to be 14
feet longer than the one that was unfortunately de-
stroyed by fire at Milwall ; all the material of that ves-
sel which remains in good condition is to be appropriated
in the building of the new battery ; it consists princi-
pally of the thick iron plates, iron knees, and some of the
cabin fittings.
The following are to be her principal dimensions :
Feet. Inches.
Length between perpendiculars lB6 0
Breadth extreme
Depth of hold
Burden
The principal dimensions of the new class of despatch
and gun-boats are ordered as follows :

Feet. Inche i.
Length between perpendiculars l5O 0
Breadth extreme
Breadth per tonnage
Burden
The principal dimensions of the new class mortar-
boats are to be the following : Feet. Inches.
Length between perpendiculars__ 70 0
Breadth extreme
Breadth for tonnage 23 0
Depth in hold
Burden 156 ton,.

The Royal George, 121, screw three-decker, Captain
Codrington, C. 8., is ordered to be stationed at Gilling-
ham, in the Medway, and the Cressy, 80, Capt. War-
ren, at Black Stakes. The officers and crews of these
ships are to have charge of the gun-boats and mortar
vessels as they are being rigged. Some of them are
shortly expected at Chatham.
The Cmsar, 91, Capt. Robb, was taken into the steam
basin at Portsmouth yesterday, to refit for the next
Baltic campaign.
The Arrogant, 46, Capt. H. Yelverton, C. 8., returned
to Spithead yesterday afternoon, to augment the force
at that anchorage, to salute the King of Sardinia on his
visit to Portsmouth.
The Castle Eden convict ship sailed from Spithead
yesterday afternoon, for Plymouth.
The Sampson, 6, paddle frigate, Capt. Hand, retura, 1
into Portsmouth harbour on Wednesday evening, after
trial of her engines at Spithead, &c.
The Volcano steam floating smithery, Second-Master-
Commanding J. H. Ryan, R.N., arrived at Spithead
from the Baltic on Wednesday.
The American merchant-ship Spitfire, of 1,549 tons'
register, put into Plymouth Sound on Wednesday, in
consequence of strong easterly winds. She left Foo-
Chow-Foo for London on the 24th of July, with a
cargo consisting of 1,900 tons of tea, contained in
118,000 packages, and valued at about 250,0001. On the
23d of August she anchored in the Straits of Allis, and
in consequence of the strength of the current the cha'e
was brought under the fore foot and keel, which tore
off the copper and strained the ship so that in four
hours there were 22 inches of water in her. Undaunted
by this leak, and notwithstanding he was short-
handed, Capt. grey proceeded on his voyage dew,: the
coast towards Anjer. The pumps were kept gal'—r. the
ship was trimmed by the stern one foot more than the
ordinary draught by bringing the cargo aft, and sail was
shortened when by the wind so as to keep her upright,
and prevent damage to the tea. In this condition she
passed the Mauritius, encountered a heavy gale off the
Cape of Good dope, and put into St. Helena with the
crew sick on the 7th of October. Here the United States'
Consul and others considered that the cargo should be
discharged and the ship repaired, but the agent for
Lloyds, who went on board and examined her, the
pumps, and log-book, and questioned the officers, gave
the captain written authority to continue the voyage.
Additional hands being engaged to make the complement
40—officers and men all told—the Spitfire left the island
on 9th October and is now in the Sound, the leak not
having increased or decreased since she left the Straits of

The steamer Baron von Humboldt, now registered
under the new name of the Buffalo, which arrived on
Monday evening at Woolwich, from Deptford, to embark
stores, has been found defective, and has in consequence
been docked for examination. A telegraphic message
was yesterday morning despatched to Woolwich, order-
ing her defects to be made good with all possible baste.
The repairs and alterations of the Devestetion are pro-
gressing rapidly. Yesterday morning her masts were
!aid under the shears ready to be fixed on board. A con-
siderable number of bands are busily engaged on board
the steamers Princess Alice and the Taurus. They aro
likewise in a very advanced state. Both these vessels
have undergone thorough repairs.
A court-martial assembled yesterday morning on board
her Majo-ty's ship Victory in Portsmouth harbour, for
the trial of John Magge, locomotive engine driver,
serving as acting assistant engineer of the third class on
board her Majesty's steam-sloop Basilisk, on the charge
of being drunk and unable to perform his duty on board
the said sloop on the evening of the 221 of September
last, while the vessel was at sea under steam. The
prisoner put in certificates of good character from the
houses he had served in ashore. The Court adjudged
the charge proved, and sentenced the prisoner only, in
consideration of his previous good c►haracter, to be dis-
missed from his ship, to be severely reprimanded, and
not to receive any increase of rank in her Majesty's f er-
vice for the space of one year. The same Court then
proceeded to try Mr. Robert Cumming, acting-assistant
engineer of the second class, serving on board the Basi-
lisk, for having left the said ship on the 28th of August,
and not returning until the afternoon of the 29th, he
having been previously refused leave by the commanding
officer. The charge was declared proved, and the Court
adjudged the prisoner to be severely reprimanded, to be
reduced to the third class of acting-aseisting engineers in
her Majesty's fleet, and not to be promoted therefrom
for the space of one year.
Captain John Bruce, Ensigns Augustus Frederick
Perkins, and Elliot Armstrong, of the 91st Regiment,
are under orders to proceed to Deptford to embark for
Malta to-morrow.

Second Class George Smith King, M.D., being relieved
from the charge of the Ordnance Corps in Chatham, will
do duty with the Provisional Battalion in the Gatrison
Hospital.
We are requested to state that boxes and ppckpges in-
tended for transit to the army or navy in the East musk
not exceed the following dimensions :—Length, 2 feet 9
inches ; breadth, 1 foot 6 inches ; height, 1 foot.