The National Register.
London, England, 1819-07-19 00:00:00

THE NATIO\ AL EEGS:AIX

had fit:ilium, the piece work on which they were then e.nr.ged at
the Plaintiff's. Vourteen a,pcxol to do this, and each received for
so I' ()log one pond.
It also appeared in erirlence, that a contract had subsisted fir
some time hetwicn the plaintdri, house and the defendarts, in
which the latter had stipulated to take a certain number of
pianos weekly front the plaintiff, at a stipulated pries that the
defend:tots had, on more than one occasion, regretted the exist-
ence of this agreement, and intimated a desire to keep in their
own pockets the money they paid the plaintiff for manufacturing
pianos for them. When some of the workmen during their ne-
gotiation with the defendants, alludes! to the force of thi 'contract.
one of the Messrs. Astor., was stated to ;lave said, that they would
soon render the plaintiff unable to fulfil his part of it, which, in
the result, was the fact, owing to the removal of so many of his
men. The contract was said {c• be worth from ticwil. u year to
1,0001. a year, and was, for seven years, subject to a clause of
separation at three years.
For the. defendants two witnesses were called, who proved that,
when complaints were made respecting some of the pianos to the
plaintiff. he spoke in an angry tone, and expressed a desire to get
rid of the contract, wit eh lie offered to born; that afterwaids
some neloci anon was ca-ried on for the purchase of the plaintiff's
stock, which did not terminare in any agreement.
The Chief .lattice held that the scdnctiou of the men RV
clearly made out, and left the amount of damages to be ascer-
tained by the Jury.
The Jury after five minutes consideration, retuned a verdict
for the plamtiff—Daniales 16001.
The trial lasted from 13 o'clock until feur.

COURT OF EING's BENCH, Jacv
Before SHERIFF or Sunnry.)
BREACH OF PROMISE OF MARRIAGE
011313 S vPACILVIVOD VVIDJVI,
. . .

The defendant haring permitt. ((lodgment to go by de-
fault, a Joey of the county of Surrey mi.embled to fore
the Sheriff to assess the damages whirl) the plaintiff bud
sostsioed.

bur. Barry, for the plaintiff, stated the ease. His client
was, lie said, a farmer, and had been a publican, both of
which stations in society he filled with great credit to him-
self. His circurnstauces wete so comfortable, that lie
began to look nitwit for e situ, and was indifferent :,s to
the weight of her tiers!, so that she porseased those tota-
lities. without. which the matrimonial state, was halite to
become worse than aey otherevat fere. His age hail at-
tained that season when " the hey-day in the blood is
tame, 'tit, !iambic, end waits upon the judgment," mud his
eve no loilger rested upon those extrinsic beauties which
bee fits euently threw the judgment Into areal) captivity.—
Directeil by a mind so constituted, it ss oald have hems im-
et obeitle that he eltould select a girl for hit companion.—
His liabite were ton much in the honest and sincere John
Bull style to admit of the folly of sentiment in the most
important event of mares life. Conscious that he must
lank file bappiuess ill congeniality ef soul, he cast a ;dance
at the widow of a uorthy Mile') in London, who seemed
to him, from the ruthless of het rats, her pet !MI), and
her melt rstanding, to be well :eta; tell, either to the task
of obedience or antliority whirls men alternately Iwsrowed
open their wives, AY temper or occasion dictated. She
was the widow of a man, whom every man had reason to
bless, at least once a (ley after •havitateltiinself—the widow
of the celebrated Pack wood, who hail proved dinette bad
:bought her worthy of his choice by leavinteher in hi, last
will and testament etke. per annum. 'hoe wintery was,
the lenraed counsel repeated, by no tr.eans, a prominent
object,iilthough to be sure it was by no meat). an °like:ion,
for his clientsensibly considered, that untie manatee state
it was desirable that the sense of infelicrity, which the
want of furtene usually inspired, should not exist, oldies-
lion being a fecline rather remote from love. About Attie
e ears ago the plaiutell and defeedant 'lest saw each other.
They were delighted. 'f.ie widow's eye was lighted sip
with imit4ll3l brilliancy. The defendant felt its power ;
it was an intellectual eye---ant one of that hold awl isre.
'Mar motion which cla.med
.familiarity with a stranger.,
but cenveying an expression of permanent and undivided
rittarlienent to the object on whom it was fixed with a too.
Maid gaze. Language soon burst forth ; declarations of
sieves tailing affection sear reciproeally made, the
widow Pack ss mid, who bad already been so hepey in a
11(101311d, consented to try the es periment a second time,
and pledged herself to become the wife of Mr.. Gibbs ;
but intim t innately for t!le rah et ni the teamed. euttnsc I, her
Name, though stow changed, was not G.bhs. It ought to
be Gibbs, for she had made a ;mutese in the face of
Heaven ; it ought to be Gibbs, fur the recoteing en.el bad
written it down, and no teat,eexcept that of scalding re.
pentanee, could ever obliterate the impression. Ii ought
to be Gibbs, for Gibbs had fixed his heart upon the ex-
pstelation, and 'tontine could recompense him for the injury
he had All%lainett. The widow was one of the must ee-
traordinare widows teat, ever cane into a Court ofJustice.
It would eppear dust she debghted in entrapt,ine and ilis-
appointine men ; for bat a title before she became nr-
quainter) with his chime:mother suitor had psesented him-
self, sad been lit noised her hand. A dent amplaintac re,
however. satisfied the lady, and she turned off her admirer
who applied to the beret ohm power of tile law, which
never failed in healing the wounds inflicted either by maii
or woman, end rase luiia a considerable lecompeesc in
damages. Tdie lady was now the property of another,
but the happy couple were sepal aled by inset PI censent,
moron account of any defect in the temper of tither, lint
because she was economically inclined, while he was
rather munificent. The Jnry would, It was to be hoped,
give by their verdict a warning to ail widows.
Several letters which were stated to have been written
by the defendant to the plaintiff, were post in and read, iii
order to chew the breach elpromise; and several witnes
sea were examnied. _ _ _ .

. .....
Mr. Abbott, the Under Sheri lammed up the evideivec,
and the Jury, after some enmultutioo, returned a verdict
for the planniff—Dantatgeo 201.
SUPPOSITIOUS LEGITIMACY.
►vaeratON a stinuasauri. _

Mr.llart moie,lWsnaPen.lll;e:Pa;;;;;l of VII. n year,
which ►he Coat had ordered to he pad for the mainte-
nance of Ease Stigma', the &tighter of the late Col. F.
Sul ge•snn. The leaned counsel elatedrthat the amnion
to be lironght forward by the present 10011011 wee, whe-
ther the child of Col. Surgessmi owe a ►oppositions or •
legitimate child. The plaintiffs were the Rev. Itlchaid
Surgesvun and the outer Hell of kiu of the Coln.
net, who claim d the property in the event of the lilt gilt-
inney of his daughter being eveninally proiett. This
!notion ei as (entitled on the affidavit of the Rev. Richard
Suqesson, oud theie wets besides the affidavits of the
oilier phmetide. He might have had the affidavit. of geVp.
tel witnesses, but As he court ived the proper mode of
tiyitig the gm•sti'in would be by praying an issue, lie
thought tt Would be the fairest way nut to rut those wit-

:241

itesses to pledge themselves by swearing to affidavits, hot
to allow them to appear in the: box before a jury, wish
minds perfectly nmirejittlir ed. The general etnisment of
the e as:. eras this gesson, notwithstanding his
gaol,. in life, appeared to have been an e
pat-. 1 man, sail in the sear I ro' had been confined it. the
pr teen in Doltiin for debt. At this period his e'en
a tie (lied without issue. About the time, or soon alter he r
dies..., lie became amittainded with Autr gurge.sott, then
called Anne Crowe, and it was adasittrd had int et mai vied
with her. They quitted Dublin and caine to England,
tt here they lived together till lie died, without issue,mtitess
it should appear that Ehiz.e Sllr2eF.l) was his daughter.
The affidavit of the Sitrgesson, fist thee
stated, that on the IZIli of relit nary last he rreei•ed a
letter from a person alio si E114..1 her :carne EleAllqr Con-
to this etrect :—"ti.r, I address you as a st range r.
and ha ye a circumstance to communicate to you that alit
add 30.0001. or -I0,"001. to your childretes fortune. I hop*
you sill emne of rr, as after my ile.teinie dirt e wilt he MI
end of it." There was a postscript dcsitietsgliat, if he
\VI tile an answer, he would pay the postage, seeks was is
want of numey. Upon the receipt of this letter. lie eteL
oloyed Mr. 11AM:ridge of Wars, i:•k-square, ilea:ring him
to rouser the necessary iminiries to be made. &MR, lint*:
after lie te.:eiveil another letter, signed " Palmer," di-
ected to Mr. Sorgestati, Mel. stated that the r liter had •

been with E. Citimilighatn, and had bemi iutnr•ned by her
Unit Llizi sorgesson st as neither the titYs;winr, ut Colant
or Mts.:inn:gismos, but was the child of n servant of the
name of Dawes, who hail hied o ills them. The plaintiff's
alEdavit then stated, that lie made diligent inquiry as to
t lie trillket this information, and lead every reason to be-
lieve it comet. Such was the evidence contained in the
affidavit of one of the next of kin; and it it was cot sad,
tient to t blithe them to an issue, more Pill kfartory proof
of tlie ritcumstances of the case would be laid haute Lis
Lordship.
Lord Chancellor.--You have done right, as conisel, ;a net
calling fur other utiklovits ; but as this ehdd tits b. ru h ought
up ns tile child of the fainity, 1 must have something more
thin hiforanatlou and belief. I should be Liking a vtry
strong step, indeed, it I was to go a step towards thiplaring
this child fr.stu her condition in life, utiles% I lave sty
good grounds for it. I refused the sante kind of epplicat uu
ill the ease of Mr. Fellowes, who had lived with :I wunsua,
and had :I or 4 clu llten crammed upon hire, whirls lurked
cut not to be his. Ile it is su food of being considered the
father of this woman's children, that she bad presented bids
ty tilt several, o Melt some other persuu had dived tier.
Mr. Wingfield oboiirt ed, that Cul. Surgesson had lived Ire
years after the birth of the child, ;tad had omit...rusty tic.'
LIP/Ule.lArd her as his own. The preponderance pt the rvi-
Mince was in favour of her legitimacy.
'I he Lord Chancellor it:tied, that when althlnvits went to
alter the cote and condition i 4 an istlatit. lie would out de-
cide upon ;hem without hying wire that they committed pro-
per ground.. lie therefore desired to have further proof
bef..)Te be granted on hour._