The National Register.
London, England, 1821-07-22 00:00:00

LAlf REPORT.

COURT OF COMMON PLEAS, JULY 18.
BREACH OF PROMISE OF MARRIAGE.
HILLIER B. DAVIS.
Mr. Sergeant Pell stated, that this was an action to
recover a compensation in damages fur breach of promise
of marriage. The plaintiff was Miss Sarah Eliza Hillier,
and the defendalit au innkeeper at Eaton, near Windsor.
The parties were nearly of the same age, Miss Hillier
being 21e, and the defendant Y 1 —The defeticlant became
acquainted with the plaintiff about three or four years
ago, and he continued his acquaiitaince down to the 25th
of September last. The learned Sergeant read the fol-
lowing letters, which passed between the parties:—
" Eaton, Sept. 14, 1820.
"My dearest Eliza,—l should have wrote before, but
waited to 3111101111 Ce tile arrival of Miss Payne at the Star
and Garter. Nothing has passed since 1 saw you
in
Lo idol. I have not said ally thing to my mother yet,
ss we have had a tit but the first opportunity I will
unto on it to her. '1 tie house seems to Willa every thing.
Ikly friends inquire after you, and want to know when
you are to he at Eaton. 1 have bought a nice horse to
bring you to Eaton."
The above was addressed to Mrs. French, at Mrs.
Peaches, 90, Manor-place, Walworth, and the learned
Sergeant explained that circumstance, by saying the lady
had lived with a Mr. French, and therefore was called
Airs. French. The circumstance was known to the de-
fentlant.w Ito waived all (dike' ions, convinced of thorough
reformation in the lady, and that she would make bun
happy as his wife.
The next letter was dated Sept. 22,1820, and the jury
would find the defendant expressed himself in warbler
terms:—
My dearest girl,—l will take the opportunity of being
with you on Tuesday next. You will range it so, that
we may return to E4«111 that night, as 1 cannot stay from
business. The College boys are come back, and want to
know where my Wile is. 1 have been very low in spirits
these three days. I shall not say more now, as it will lie
but short before 1 see you. 1 will drive up my gig, and
be with you at breakfast."
" l'tly dear girl,-1 received your letter, and write
to say I have waited a long while, and 1 believe 1 shall
feel every hal:lntim from my desire to be married, as 1
shall then be in possession of a prudent wile. If it will
suit you, den. girl, I will conic to town October the 3d,
as Idu not like to be married at the hind of a week. I
have the pleasure to say, I am very prosperous in busi-
ness. and I look forward to be blessed and happy with
you, my dear. So adieu, my dear little girl."
The defendant fixed the t Miss Hillier was to
come to Eaton. Her clothes were conveyed to) his
holm, and after all he thought it proper to break off the
bargain, and the question was, whether he ought to be
permitted to rescind Ins promise without paying a coat.
pensation in damages. He understood the defence was
to be that the plaintiff was a kept woman. If Miss
Hillier had imposed nn the defendant, he was ready to
admit the smallest damages would be sufficient. It was
not however such a case. lie should prose that the de-
lionlant well knew the situation of the plaintiff. lie
knew she had been living under the protection of a gen-
tleman, and expressed himself desirous of being united
to her. She had withdrawn herself from that gentleman
in consequence of the defendant's promise. That cir-
cumstance occasioned no trivial loss. She had expended
1001. in wedding dresses, which the Jury would doubt-
less consider in their damages.
Mrs. Peach, a widow, residing in Manor-place, Wal-
worth, stated, that the plaintiff came to Ilse in her house.
The defendant kept the George Inn, at Eaton. The
plaintiff was a beautiful young woman ; most refitted
and delicate in her manners. The defendant visited her
in the course of the last summer, at Walwurih. In Sep-
tember the plaintiff sent her clothes, and prepared to
remove to hi non, to be married. She heard the plain-
tiff say, the clothes she made for the marriage cost wul.
Out her cross-examination, by Sergeant Vaughan, she
slid she did not know whether the defendant was a
minor. The house lie kept at Eaton was highly res-
pectable.
Leach, a carrier, proved that he took Miss Hillier's
clothes w E lion. The defendant said, " tell toe lady I
am well, and I shall be in town in a few days." The
letters were then read.
Sergeant Vaughan addressed the Jury. He did not
wisa to say any thing unlasourable of !edits, but he was
cihlt4tl to ask the Jury to exercise their god sense in
et-r to discover whether this was not a trap set by
tit any to ensnare his client. Miss Eliza Hillier having
been in the arms of a gentleman named French, seven
years, became desirous of forming matrimouy, :Mil site
lOUSIII the defendant, who was a very young Mall, ht for
a husband.
Chief Justice Dallas held that a promise of marriage
made by a man to a woman who had been kept by ano-
ther 111311 was binding, provided the party was fairly up-
prised of the circumstance before he made the promise.
He left the Juicy to say what damages ought to be given
under the circumstances of this case.
'file Jury, alter some deliberation, found a verdict fur
the plaintill, damages 301. costs 40s.

Dreadful accident—Thursday, as Mr. 13c11, a master
brickla)er, and two labourers were erecting a scaffold to
the hack front of a house, No. 30, in Porlatuktreet,
the ledger which suppotted it, front being rotten, snap-
ped in two, and the three unfortunate men were prey!•
rutted to the ground, a depth of about 40 feet. Mr.
Bel had one of his legs broken, the bones protruding
through his stocking, and otherwise bruised a.ll over; he
was taken up insensible and carried home on a shinier.
-- llte two unfortunate labourers, one of whom 1143 a
wife and four children, had each several bones broken.
They were taken up covered with blood and bruises,
apparenay in a lifeless state, and carried to the 'Middle-
sex-hospital, when they remain without the smallest
hope of recovery.

THE NATIONAL REGISTER

OLD BAILEY SESSIONS.

••••111...

FRIDAY, JULY 20.—The Judges did not sit to-day.
The Common Sergeant did not appear on the Bench uutil
paid II o'clock.
Thomas Welman, aged IS, and Martha Welman, aged
IT, brother and sister, were indicted for stealing in the
dwelling-house of George A lexander,l3,6l. iu Bank-notes,
the property of William Rae.
Mr. Rae is a dealer in jewellery, and in June last was a
lodger in the house of Mr. Alexauder, at Islington. Mrs.
A. being confined to a bed of sickness, the female pri-
soner was hired as an extra servant, and in that capacity
had access to Mr. Rae's apartments. On a Monday Mr.
R. deposited l i.il. iii Bank-notes in a small desk in his
bed-loom, and on the following day, on opening his desk,
lie found that the whole of his money was gone. The lock
had no appearance of force, and must therefore have
been opened with a false key. The servants were all
searched, and taken before a magistrate, where, however,
nothing could be proved to effect any of them, and they
were discharged.
Mr. Rae, however, was active in Isis inquiries, and he
learned that T. %Velma', had been two or three times to
see his sister, and had been seen conversing with her at
the door, but not inside the house. He then endeavoured
to find the male prisoner, and ascertained that lie had ab-
sconded front his house on the day of the robbery. He
also learned, that the female prisoner hair endeavoured to
persuade a WOlll4ll, a friend of her's, to take charge of a
key, and on her refusing, she Mire/ it away. Having
taken Cie precaution to stop payment of the notes at the
Bank, one of them, for I d. was traced in a few days to a
tradesman in Holborn, to w lions it had been paid by T.
Welittan on the very day of the rubbery, in payment for
wearing apparel. After a loug search a Police officer
apprehended the male prisoner on the Chatham coach.—
lie was very smartly dressed, and had a large quantity of
clothes in his trunks. His sister was then also given in
charge.
'fire prisoners merely declared that they were innocent.
The Common Sergeant, in his charge to the Jury, ex-
pressed his doubts whether the evidence was sufficient to
convict the male prisoner as a principal, lie never having
been seen in the house ; and the jury would acquit hint
unless they should be of opinion that lie was standing at
the door at the time of the robbery, and had a knowledge
that it was about to be committed.
The Jury retired for upwards of an hour, and returned
a verdict, finding both the prisoners Not Guilty.
'I he Common-Serjeant—Prisoners, yon have had a very
merciful Jury indeed, and ought to be extremely thankful
for your escape, for had the verdict been otherwise, I
have no doubt that the law would have taken its full
Course.