The Sun.
London, England, 1852-03-09 00:00:00

REMARKS ON THE PROPOSED INCREASE
OF ATTORNEYS' FEES IN THE COUNTY
COURTS.

TO LORD BROUGHAM AND VAUX.

My Lord,—Lord Lyndhurst has brought forward
a case in which an attorney employed by a tradesman
to sue in the County Courts for a debt of 51. (after
recovering from the defendant his debt, with 155.,
the attorney's fee allowed by the County Courts Act),
charged his client 221., and succeeded in compelling
him to pay 11/. 4s. ,in consequence of a defect in the
Act, which does not restrict the charges of attorneys as
against their own clients for business done in county
courts cases. The sum of 154., it was suggested by
the attorney in this case, " was merely for advocacy
in court. I have an independent claim for taking
your instructions, examining witnesses, and other
preliminary preparations out of court."
It is most extraordinary that this case, which (from
Lord Lyndhurst's account of it as reported) was one
of deception as well as gross exaction, should have
been viewed in any other light than as a cogent proof
of the necessity of correcting the oversight alluded to
in the County Courts Act, by establishing a simple
and moderate scale of attorneys' fees when recoverable
from his own client.

Lord Lyndhurst, however, seems to have regarded
this case (in which an attorney, after getting pay-
ment of a fee from the defendant, demands from his
own client, the plaintiff, four times the sum recovered,
and forces him to pay double the amount of that sum)
as a reason for repealing the simple and moderate
scale of attorneys' fees allowed by the County Courts
Act against the unsuccessful party, and of restoring
in its stead the liability of the defendant to a ruinous
amount of costs (chargeable by the plaintiff's attor-
ney), which rendered the old county courts, and still
renders the superior courts, so destructive to the
interests both of creditor and debtor in all cases of
moderate amount.

The prospect of being exposed to an indefinite and
exorbitant amount of costs and to an immediate
execution, had commonly the well•known effect of
impelling the defendant in the old county courts to
make away with his goods, and when he did not
adopt that course the coats generally swallowed up
the proceeds of the sale of those goods when taken in
execution, and lefc nothing for the plaintiff. It was
useless for the latter to remonstrate with his attorney,
and to say that as a man of sense be never could have
meant to give instructions for the action, except on
the assumption that the whole or part of his debt
would be repaid to him. The attorney had the law
on his side, and could answer—" Your instructions to
proceed fully entitle me to all the costs I have in-
curred. Possibly you never could have meant to
spend 11/. in recovering 51 ; but my instructions
were not restricted, and I have a right to full costs
out of the goods of the defendant or out of your
pocket."
The case noticed by Lord Lyndhurst is precisely
identical in its features with those which rendered
the old county courts a public nuisance. As there
was not in those courts, so there will not be in the
modern county courts, any protection against the in-
sidious extortionlof low practitioners except by the in-
flexible maintenance of a simple and very moderate
scale of fees.
Lord Lyndhurst dwelt very much (in support of
his view) on the extreme hardship that a plaintiff in
the county court should have to pay for professional
labour out of court, &c., without obtaining reimburse-
ment from the defendant. This hardship is a grievance
common to all courts. It is perfectly familiar to us
all that the successful suitor in the Courts of West-
minster is invariably obliged to pay extra costs be-
yond those he can recover from the opposite party.
It is equally well known that (with the exception of
a single letter) no costs are allowed in those courts
for professional labour previously to action brought,
though Lord Lyndhurst dwells on this as a peculiar
feature of county courts, in which, from the simple
nature of most of the cases and of the procedure,
the assistance of an attorney is not required either in
or out of court in nineteen cases out of twenty; and
of those few cases in which an attorney's services are
useful, there is not one in ten in which his assistance
can be materially required previously to court day.
The suggestions of Lord Lyndhurst must stand or
fall with the general principle of observing a fixed
scale of costs on the one hand, or on the other hand of
rejecting (for the sake of a few exceptional cases)
that principle now adhered to in all courts. In the
-superior courts the prescribed scale of costs allowed
on taxation have been progressively reduced of late
years, and instances of hardship to the successful party
and bis attorney, from the inadequacy of the taxed
costs in particular cases, to pay for the labour involved
are common. Such cases (as regards the county
courts) are confessedly of rare occurrence, and when
they are brought forward, I believe they will be ge-
nerally found to be trumped up or imaginary.
In all suits of difficulty involving sums above 101.
or 151. that arise in the county courts, the client is
generally very willing to pay out of his own pocket
(a .fee in addition to that which can be recovered by
his opponept), and he can afford to do so, because,
owing to the light amount of the court fees, the suc-
cessful party almost invariably obtains payment of all
other expenses, so that his " extra" costs are confined
to this " gratuitous" fee.
The amount paid in these voluntary fees in the
county courts throughout the country is immense ;
and while a fixed scale of costs has no effect in pre-
venting these donations, it is indispensable as an
" ultimo ratio," as a check on knavish practitioners,
especially in courts where the suitors are generally
men of a humble class, who cannot be protected from
imposition except by the most plain, simple, and intel-
ligible regulations as to fees. If in the county courts
the old system of costs be restored, I believe it will
prove injurious and not beneficial to the attorneys ;
for it will deter suitors from resorting to them. They
will prefer to conduct their own cases (even when dif-
ficult) to running the risk of being saddled (as in the
case mentioned by Lord Lyndhurst) with costs (in
the event of success !) equal to double the amount of
their debts, or to the risk of imposing similar costs on
the defendant to the destruction of his means of pay-
ment.

I begF to express 'my opinion that the scale of at-
torney fees in those courts between attorney and
client should be the same as those allowed between
party and party. Possibly, in cases above 101. they
might be made a little higher, though, for the reasons
above stated, I think that any such difference in the
two scales of allowance would, in practice, be nuga-
tory ; for such fees, like those of barristers, will be
governed by private management and not by law.
It is difficult to conceive how, in any view of the
circumstances, a case for the recovery of a shop debt
of 51. could have occupied the time of an attorney, so
as to furnish the least pretence fur a charge of 221.,
or even of 11/. 4s.
There is another consideration which has been en-
tirely overlooked. The remuneration paid by suitors
in the County Courts would be more liberal were
those courts to receive their proper share of aid from
the public Treasury, instead of being supported en•
tirely by fees, for although the Government is answer-
able for the salaries of the Judges, the courts are
still self-supporting, as the fees are made to pay all
the expenses of the system. In previous publications
I have frequently drawn attention to this gross in-
justice; it is most monstrous that the cost of sup-
porting the Court of Queen's Bench, &c., should be
paid out of the public Treasury, while the county
courts, the tribunals of the poorer classes, should be
maintained by the suitors themselves. The present
fees (though a light burden compared to the legal
expenses in other jurisdictions) should be reduced by
affording to the county courts the same assistance
that is given to other tribunals. The direct benefit
which would thus be conferred on the suitor would
be accompanied by a corresponding advantage to the
professional practitioner. A plaintiff who has to ad-
vance court fees in each case, or a defendant who is
liable (in the event of a defeat) to pay those fees in
addition to the debt claimed, is less inclined on that
account to incur the expense of employing a profes-
sional advocate, or to pay him liberally if he seeks his
services.
I much regret to observe the tendency in the Le-
gislature to break down the fundamental principles
upon which the benefits of county courts depend.
Exceptional cases of hardship will spring from all
general rules, however necessary for the public good.
But such rules are indispensable as a protection
against extortion on the part of low practitioners, and
respectable attorneys can commonly trust to the
honour and liberality of their clients for an increase,
when justly required, of their remuneration above the
strict legal standard.
In conclusion I must expressly dissent altogether
from the assumption that the strict fee is an inade-
quate one generally speaking. In cases of a simple
nature the allowance of fifteen shillings seems to me
to be an ample one, when it is borne in mind that an
immense number of such cases (commonly upwards
of a hundred) are usually disposed of in a single day
in the more populous county courts districts, and that
an attorney employed in a smell proportion of these
actions would (receiving that fee in each case) obtain
a handsome remuneration, at less expense of time and
labour than the same remuneration could ordinarily
be earned either by a member of the bar or by an
attorney
,
have the honour to be your Lordship's
obedient servant
A JUDGE OF THE COUNTY COURTS.
Feb. 23, 1852.

SUREw6BURY GREAT HORSE
annual great horse fair in Shrewsbury
commenced-T
nced he l
oi Wfirt
el-
nesday last. It was eminently successful, in fact exceeding
the expectations of its most ardent fricmls, and the com-
mittee have been rewarded for their ardious exertions by the
complete accomplishment of their desires. Every inn was
crowded with buyers and sellers, every loose box and stable
was occupied, and first class-horses from all the surrounding
counties presented such a scene as probably
was never *.fiLn
t-
llessecl at the largest and mire Consery atiost
vefamous horn fairs '—
kiDgdolll,—.Shropsh.

FLEET VALLEY IMPROVEMENT.
COURT OF COMMON COUNCIL.
On Thursday a court was held. Much interest was ex-
cited in consequence of a notice having appeared upon
the paper of business as to the intention of the Court to
proceed in the consideration of Mr. Pearson's plan for
the extensive improvements in the vicinity of the Fleet
valley.
Deputy HARRISON moved that the Court agree with
the report of the Committee as to the desirability of
carrying out the project of Mr. Pearson, provided it was
executed with the consent and approbation of the Cor-
poration, but without their expressing any opinion whe-
ther the Corporation would or could with propriety em-
bark in any railway scheme. It was proposed, he said,
to- place on either side of Farringdon-street two passen-
ger stations, 600 feet long, Farringdon-street itself being
100 feet wide, the new line of railway leading thereto
being more than a mile in length, leading by the Sessions
House and Clerkenwell from the various termini of the
railways north of the City. It was most important that
such a thoroughfare should be made direct from Black-
friars-bridge, and that the valley of Holborn should be
raised 17 feet, as proposed in the plan before them.
The scheme should and ought to be considered as
one of a great whele, combining many advantages. By
it the great receiving-houses for railway-goods would
be removed from the confined streets and lanes they now
choked up, to an open space surrounded by wide streets,
north of Holborn-valley, while space would be provided
for the wholesale vegetable, as well as
and it' necessary for that of Leaden-
fnhooarrllNt ;heoswofgtabtteheavmtaialNeryttgate-street and Gracechuech-street
would be much relieved from the overcrowding of
vehicles in both localities, especially at periods of the
day when the red-ticket goods filled the receiving-
houses of Pickford, Chaplin, and Horne, and others,
with teas and sugars, and their heavy wains received
them from such places, and jammed in the general traffic
on the routs to the railway termini outside the City. As
to the relief the adoption of this plan would be to the
traffic in the public thoroughfares, it was most desirable
that they should sanction this propositon, as it would
tend greatly to the promotion of the street improvement
of the locality. It contemplated the raising of the ele-
vation of the Holborn valley 17 feet, and that was im-
portant, because in the New Victoria-street they had
I found a great indisposition to build because of the
indecision of the authorities as to the probable future
level. This would be obviated by the plan before them.
Deputy Harrison then proceeded to show the advantages
likely to arise to the public from the adoption of the
plan, by the introduction of a new meat market. He
assured the Court that by the present system, and
through the confined space in Newgate-market, delay in
the delivery of dead meat was caused to a serious extent,
prejudicial alike to the consumer and the parties engaged
a great relief would be given to Fleet-street and to
iCnbtahnecetrryad-ll He believed that, independently of this,
Chancery-lane, where the traffic was oppressive, while
the accommodation to the citizens would be incalculably
great, and the facilities all that need be desired. De-
puty Harrison, in conclusion, recapitulated the argu-
ments he had used, calling upon the Court to come to a
unanimous decision in favour of the recommendation of
the committee, which, he again urged, was only for a
further inquiry into the merits of the case, without
pledging
Corporation in any difficulty.—(Cheers.)
the members of the Court or involving the
Mr. DARIN seconded Deputy Harrison's motion. He
thought it quite unnecessary for him to go into any
lengthened details, especially as the worthy deputy had
SO fully gone into the subject. From all the considera-
tion he (Mr. Dukin) had been able to give to the ques-
tion, he believed that it was obviously the duty of the
court to adopt the proposition, and he hoped they would
adopt it unanimously.
The motion having been read by the RECORDER, was
about to be put,
but
Mr. THOMAS J. Nonuza said that he rose for the pur-
pose of moving an amendment. He had listened pati-
ently to the very long speech of the mover and the
dulcet tones of the seconder, but he had not been con-
vinced by either of them that this proposition was at all
desirable, or likely to be carried out as proposed. Re
thought that the whole plan was beset with difficulty.
To get rid of, and to raise the valley of, Holborn-bridge,
nearlywhieh w
Booud be required in making th
ol,oool.wouldberequired, while ilethe gradient
roadway
from
north to south to the top of the proposed viaducts would
be not less than lin 55. He doubted the statements
made by some that the traffic would be re-
duced, nor would the companies fall in so readily
with the proposition as some parties appeared to
imagine. They bad been told that there was no
engi-
neering difficulties. Why, no one who was sane could
read the statements of eminent engineers and say that
there were not serious practical difficulties connected
with the scheme. Let them look at the proposed junc-
wwouoludldd give theiro
nothing
sanction
of the kind. He had one or two reasons for thinking
junc-
tion with this proposed trunk line; the gradients were
fearful, and the curvatures extreme. Such lines could
not be said to be good ones. It had been said that the
authorities
to connectedthep plan. H : with
lile
thought railwaysthey
so. Was it likely that they would consent to construct
junction lines to the trunk line with such gradients?
Was it likely that they would consent to construct
twelve miles of such junction lines when the property
through which they must pass was so highly charged P
Why, the kw mile of the Great Western cost 300,0001.
Would the directors go to that expense for the purpose of
finding accommodation for people coming into the City,
when they could seed them for 61, in the omnibus?
The lsst two miles of the South-Western cost upwards
of a million, and of the Greenwich 1,575,0001,
This is not taken into the calculation of the promoters
of this scheme; it is only the trunk line that appears to
be cared fur. Then there is nothing for the cost of en-
gines—nothing for the stock connected with the line.
Mr. Norris concluded an energetic address by moving
as an amendment the following:—" That this Ceurt do
agree with the committee in so much of their report as
states that the proposed trunk line of railway is practi-
cable; but the Court is of opinion that the Corporation of
London cannot with propriety embark in any railway
scheme, though they see no objection to the trunk line
being carried to the proposed terminus by other parties,
provided the works are executed subject to the consent
and approbation of the Corporation."
Mr. H. L. Taylor seconded the amendment; and after
some observations from Mr. Bennoch and Mr. Alderman
Sidney, upon the motion of Mr. Gilpin, who said it was
the wish of several other members to deliver their sen-
timents on the subject, the discussion was adjourned.

MIDDLESEX SESSIONS, March 8.
THROWING STONES AT A RAILWAY TRAIN.—John
Whitnell,l2, and William Hay, 13, were indicted for
feloniously and maliciously throwing and casting stones
upon a railway carriage, used on the London and North-
Western Railway, with intent to endanger the safety of
Charles Skelton and othere, then being passengers in
such.
No counsel appeared to prosecute, end the prisoners—
two young rustics—were not defended.
Charles Skelton deposed that he was a guard on the
London and North-Western Railway, and resided at
Oxford. In consequence of a stone having been thrown
at, and a window broken in a carriage, in a train of
which he was guard, between Sudbury and Harrow, on
Tuesday, the 24th of February, he kept a sharp look-
out when he passed the spot on the following day, and
he saw the prisoners in a field adjoining the line. As
the train passed they each threw a stone at the car-
riages; one stone struck the carriage and bounded off;
the other would certainly have hit him on the head, had
he not " ducked" his head under the covered part of the
van. He went on with the train to Tring, where he
left it and went
ho found the prisoners just about to leave and when
saw him
He followed
bank
oby an np train to the field, where
them for a mile and a half, when ho captured and gave
they
they t
ok to their heels.
them into custody. It was Whitnell who throw the
'
stone that would have hit him if ha had not stooped his
head.

Sergeant Cooper, 6 T division, said when the pri-
soners were brought to the cation at Harrow, Wnitnell
told him that he had thrown a stone, but the train had
gone past, and Hay said, " We were only throwing at
When callud on for their defence, Whitnell said they
had been pelting at birds on the line, and Hay that they
the telegraph wires."
had been heaving stones at the electric telegraph.
The jury found the prisoners Guilty.
The ASSISTANT-JUDGE said it would not do to let
these young rogues go without a punishment which
would deter other boys from doing similar things. Ho
thought a good flogging in prison would do them a deal
of good.
Mr. Maude, the deputy clerk of the peace, pointed out
that the Act of Parliament under which the indictment
was framed gave no power to the Court to order a pri-
soner Mr. Beresford, the superintendent of the North.
to be flogged.
Western
police, said the company had no desire to press
the charge against these two boys; but as it was continu-
ally occurring that stones were thrown down the line,
they thought it necessary that these mischievous boys.
should be taught that such proceedings would be at-
tended with punishment.
The ASSISTANT-JUDGE said he was sorry the Act of
Parliament did not give him the power to sentence them
to be flogged, but most certainly, if they were men, the
Court would have sentenced them to bard labour fur two
years. The most serious consequences might have re-
sulted from such misconduct; but, as a lenient sentence
would show theta and others that they could be punished
for it, a lenient one would be passed; but if the throw-
ing were repeated, and the parties caught, they would
be punished most severely. The Act of Parliament
made this a felony, but the prisoners were not felons iu
the ordinary sense, and he should therefore direct that
they should not be associated with thieves in prison.
He then sentenced them each to one month's impri-
sonment.
The prisoners were removed blubbering lustily.
Mary Anne Vaughan, 10, Sarah Pritchard, 23, and
George Holmes,
stealing, and 27, wore indicted, the two former for
the latter for receiving an immense quan-
tity of linen, &e., the property of George Rouston.
The prisoners were each sentenced to six months' hard
labour.

POLICEack, INTELLIGENCE.
Maria BI
WESTMINSTER.
an elderly woman, was charged with
stealing a valuable skeleton timepiece from the drawing-
room of Mr. Hallebones the Shakspere's Head Tavern,
said
Eaton street, Finalise. '
;aria
Penning, housemaid at the proses utor
seeing the prisoner leave the drawing-room, that
that,
morning, she followhd her down stairs; the prisoner, ob-
serving her, made a dead stop on ono side to allow her
to pass, and on her doing so
s
wgihtnteensesd s
y suspicion
heri ng b n
t a
something Was wrong was
rattling under the accused's cloak. Witness waited at
the bottom of the stairs, and the accused then stopped
heightened
or a minute on her way down! as witess considered, to
put down what she had concealed under her cloak, and ,
1

upon her entering the lower passage witness seized and
held her until some one came to her assistance. It was
then discovered that the timepiece, which had been seen
a few minutes before safe on the drawing-room mantel-
piece, was on the stairs.
Mr. ARNOLD inquired whether witness knew anything
of the prisoner? The servant replied that she was a
total stranger to her.
A policeman proved that the accused was under the
influence of liquor when ha took her into custody.
In reply to Mr. Arnold's inquiry, the policeman 'said
she could walk and talk well at the time, notwith-
standing the liquor she had taken, and totally denied the
charge.
Mr. ARNOLD inqnired whether the police knew any-
thing of the accused ?—Sergeant Ceapling replied that
she was a charwoman, living in the neighbourhood.
The worthy magistrate, who has been very unwell for
some time past, but is now sufficiently recovered to re-
sume his sittings, remanded the prisoner for a week, in
order that some inquiries might be wade about her.
CL ER KEN W ELL.
Yesterday Edward George, a respectahly-dressed
young man, was charged by Mr. Richard Dickenson,
fruiterer, &c., of Brewer-street, Clerkenwell, with being
in his house with the intention to commit felony, having
a crow-bar in his possession, and violently assaulting
him, under the following circumstances :

The prosecutor deposed that of Sunday evening, at
six o'clock, he left his house, after carefully closing the
street-door. On his return home, at eight o'clock, he
found the door had been broken open, and the prisoner
was in the parlour. He ran at wetness and struck him
with some heavy instrument, which subsequently proved
to be a crow-bar (now produced), which was found on
the ground. Ho seized the prisoner, when they strug-
gied together, and fell down. He (prisoner) got up and
ran away, but, being pursued, he was overtaken, and
given into the custody of Philips, 229 G, who took him to
the Motion-house and locked him up.
Taylor, 84 G, examined the house of the prosecutor.
The street-door had been forced open, and some articles,
with a knife, were found on the parlour table. The pri-
soner had evidently been alarmed by the return home of
the prosecutor.

Tile prisoner said nothing in his defence, and
Mr. CORRIE sentenced him to three months' impri-
sonment, with hard labour.

Philip de Captlain was finally examined before Mr.
Corrie, charged by Mr. Dixon, of the firm of Messrs.
Dixon and Co., watchmakers and jewellers, of 2S, Ely-
place, Hatton-garden, with stealing four gold watches
and two gold guard-chains, value 501.
Mr. Harris, solicitor, of Moorgate-street, attended for
the prosecution. _ _

The particulars of the case have already been fully
detailed in the newspapers. The court was crowded to
excess by goldsmiths, watchmakers, jewellers, and other
tradespeople, who had been plundered by the prisoner.
It will bo recollected that the prisoner obtained the
property from Mr. Dixon under a representation that ho
was anxious to make his sisters some presents of jewel-
lery, &c., prior to their going to Adelaide, and that be
was one of the firm of Messrs. Arthur, Wellington, and
Callen, patent agents, of Parliament-street, Westmin-
ster. The property was traced to have been pledged on
the same day that it was obtained. Some additional
evidence was now adduced, and the prisoner, who said
❑othing in his defence, was fully committed for trial.
Mr. Daniel llarrison, jeweller, &c., of the Lowther-
arcade, 111 r. John Mott Thearlo, gold and silversmith,
&c., 198, Fleet-street, and other tradesmen, identified
the prisoner as having obtained property from them
tinder similar circumstances.
A gentleman attended from the office of Messrs. Haw-
kins and Co., solicitors, of New Boswell-court, on the
part of Mr. Callen, and, addressing the bench, said that
it had gone abroad that the prisoner had been in the
habit of obtaining goods under a representation that he
was connected with the firm in Parliament-street, when
that representation was groundlt ss and false. He (the
prisoner) had been formerly in the firm, but the partner-
ship was dissolved and gaz tied in December last. His
client (who was now present) was a most respectable
man, and, for the sake of his own repute, he wished the
matter to be set right with the public. The prisoner had
only been in the firm for one month, and it was evident
he had taken advantage of the fact in order to facilitate
his systematic impositions.
Mr. CORRIE said he had no doubt that his explanation
would go abroad with equal publicity.
The prisoner was conveyed to Newgato in the
police van.

BREACH OF PROMISE OF MARRIAGE.
(From the Newcastle Journal.)
A court was held on Saturday last, before the High
Sheriff of the county of Northumberland, who was re-
presented by the Under-Sheriff, John Adamson, Esq.,
in the Grand Jure -room at the Moot Hall, to assess da-
mages in an action brought by Miss Sarah Donkin, of
Rothbury, against Dr. Farrago, of the same place, for
breach of promise of marriage. The damages in the ac-
tion had been laid at 5001., and judgment had been al-
lowed to go for the plaintiff by default.
Mr. Atherton appeared for the plaintiff, and Mr. Bliss
for the defendant.
Mr. Atherton, in opening the case, stated that the
plaintiff, 2,liss arah Donkin, was the daughter of par-
ties who, in their sphere of life, were respe, table, end
who resided in Lothbury, in this county, although the
plaintiff herself was in the service of Mr. Lloyd Ed-
wards, it gentlemen residing in the county of Carnarvon.
The defendant was a doctor of medicine ; but, as he
would show, there was nothing disproportionate or iin•
equal in their rank, as the defendant was u native of the
some village, and was formerly an apprentice to an apo-
thecary of the name of Davidson, at Rothbury. The
defendant, after his apprenticeship, had the good for-
tune to have some money left him, by means of which
he proceeded to Glasgow, and having graduated at
that university, had since practised as a physician at
Rothbury. Many years ago, the sister of the plaintiff
and the sister of the defendant were both in the service
of Mr. Davidson; the plaintiff was in the habit of visit-
ing them, and it was then that the defendant formed an
acquaintance with and an attachment towards the plain-
tiff; and from a period commencing with 1843 until 1848
he, the Learned Counsel, would have to direct the atten-
tion of the jury to an increasing and affectionate corre-
spondence carried on between the plaintiff and defendant.
He did not intend to say that in that correspondence the
promise of marriage was made, for it was not made until
November in last year; but it was right, as the defen-
dant sought to reduce the damages, to lay before them
the entire circumstances, and show upon what footing the
parties previouily stood. In the year 1848 the corre-
spondence ceased for some time, and he believed that
something like an estrangement took place between them,
but of that the plaintiff did not complain; but matters re-
mained in that state until June of last year, at which time
the plaintiff was obliged to leave Wales for Rothbury,
on a visit to a sister, who was dying. Ia a short time
after her arrival the defendant sought to obtain the
renewal of their acquaintance. After some difficulty she
was at last induced to meet him, and a reconciliation
took place, which ultimately led to the promise of mar-
riage on the part of the defendant. The defendant made
no secret of the matter, but, in fact, informed all his
acquaintance. After the plaintiff's return to Wales the
correspondence was continued, until the Bth of Septem-
ber following, when the plaintiff received a letter
abruptly terminating the contract; and, to the surpriseof
all, the fact afterwards transpired that he had placed his
affections on another lady of some property, who had
come to reside in Lothbury, and whom, about the end
of September, he married, this lady being the widow of
the lsto Mr. Ferguson, of Redworth, Darham. These
were the main facts he had to lay before them, and they
would find that the breach of promise was one of a most
heartrending and reckless description, and, if prompted
by mercenary motives, it was doubly cruel and shameful,
The Learned Counsel then read extracts from numerous
letters written by the defendant to plaintiff while at ser-
vice, and distant from Rothbury, showing from the glow-
ing terms used that the attachment of the defendant was
of the most sincere and tender description. When the
plaintiff had returned to Wales, after the death of her
sister, and after the promise of marriage was made, the
defendant wrote thus to the plaintiff:—
" Rothbury, 14th July, 1851.
" My dear Sarah,—Owing to the Rothbury postoeffice
regulations upon Sundays, there is no time to answer
letters, and it prevented me acknowledging your long-
looked for and welcome note. I expected to have heard
from you on the Friday, and I went up to your house to
inquire, but your sister informed me that no letter could
reach hero from you before Saturday or Sunday. Satur-
day came, but with it no word from you; I then thought
something must have happened to you on your journey;
but Sunday came, and with it tho welcome news that
you had arrived safe and in good health, and how happy
it made me. I supposed you would like to be a sailor,
you are so fond of sea sickness. Will you come by sea
when you return again with me ? If you do, lam afraid
you will not get me to come with you. But, by the bye,
hope I shall have the better of you then. Remember_a
the words, Honour and obey,' and if you attend to the
above, you shall never go by sea again. I shall tellyou
something about myself. In, the first place, an?,cl
well as relating to my body, not so my mind. In
company;
but place I have felt deeply the loss of your
my
fate
but I feel that a patient submission to
at present, and with he I look forward kocatheee ft
uture;
that hope cheers me—it whispers
wish it was here.
that wel shall
ain,
and be happy. Oh! that happy hour, r
hopo in thin
11
In the meantime,
'and ptect us from all
that us, my dear, rests u
that is mighty, and he will bless and
up
tin
we meet again.
danger, and strengthen int to bear
most, and which Ihf
But what oppresses my
done
past.
greatest, is my treatmentbitteru
ess. I feel I h e
had forgive-
More and more I feel its
ct for all I have
mindtowards you during
have
remise that you could
what can never be undone; Y
and
kind for-
givingess from your lips, uses
me again. and
stilltb e
the p
same
You left I saw there was a some-
thingYouerr
heart. Buth oppressed you, and I am afraid I was
which still
ror.
, You could not place that firm
of that Brief the cause when I had once proved so false.
reliance upon
In"' treat you only to forget the past and
dear! lin
Ohl my
look forward to a brighter future. You never shall have
any cause to complain of me again, for it shall be the
study of ray future life to make you happy. If you could
only ceo into my heart, and read how much you are
;nipres6ed upon it. and how dear you are to me, dearer
than life itself! * * * • The whole gossip of this
quiet little village is about you and me, and about our
approaching marriage. One tells me that it is going to
take place immediately, and that Susan is going to take
your situation, &c.—l remain, my clear Sarah, ever
yours,
" Wes, FARRAGE."
A third letter followed this, equally affectionate in its
terms, dated August 18, 1851, in which the defendant
poetises in the following strain:—
"The heart that is deepest moved
His passions most will gaide."—(Laughter.)
The defendant seems to have regarded the affair with
due solemnity, for they found his protestations of love
mixed up with expressions of strong religious feelißF,
which could not but create a deep impression on the
mind of the plaintinff, and induce her to believe him 13112_

core. Remembering the letter last referred to, and dated
on the 18th of August, in which the defendant spewed
rather to have increased his fervour for the plaintiff than
to have any way cooled, what would they think of the
man who in three weeks from that date could pen the
following epistle, which terrninaied the correspondence
and blasted the opening' prospects of the plaintiff?—
" Rothbury, Bth September, 1851.
" Dear Sarah,—My reasons for not answering your
last sooner you will have heard ere this from your sister
at home. Little did I expect when you and I met again.
that in the interval before, your sister had used the most
abusive language against me. Even during your resi-
dence here several of my friends told me of it, but I paid
no attention to their stories. At last, they were so very
bad, that after duo inquiry I found them to be too true;
still I would not have mentioned it to you, if other
things had not occurred. A patient whom I was attend-
ing asked me to drive her to the Holy Stone well, and
in coming past your father's house, two of your sisters
were standing. I spoke to them, but they me the
compliment to put out their tongues at me, and even
sent Mrs. Kemble to seek me what were my intentions,
and why I should drive out a lady. Under such circum-
stances our corre:porleuce must cease. Not only your
friends have done everything to annoy, but my mother and
my brother have hardly spoken to me since yon were here,
and if I continue corresponding with you, my brother
will leave rue. I told you when here how very much
mother was opposed to it, and it was all through what
your people had said against me And I have always
made it my strictest rule of duty to obey my only parent;
and as she is so much opposed to it, this letter wilt
terminate our correspondence. You got the loan of one
of my books, &e.; I shall feel obliged by your returning
it when convenient.
" I remain, yours truly, " Wet. FARRAGE."
Another letter was dated Rothbury, July 30, 1851.
After aeknowleding " her last kind and welcome letter,"
he proceeds as follows :
"My dear, you tell me you are well, how happy it
makes me to hoar such good news front you, and mind
do not forget to prize that inestimable blessing more and
more, for remember your own happiness does not rest
on it alone. There is another whose happiness entirely
depends upon the happiness you enjoy. May every
blessing then attend you is the heart-felt prayer of yuur
William. * * * My dear, lam afraid that I
will not succeed in gettina a house at the Michael-
mas term, that is November first. If Ido succeed,
our happiness shall be completed in the unit-
ing of these hands together whose hearts have so long
been united. The only house I would like is Hedley's,
and I fear he will not leave it. If Ido not succeed, our
happiness will not be completed before May next year,
and that is such a long time, nearly nine months, to
look forward; but I cannot see how we can avoid it, tor,
my dear, I cannot bring you here until I have a house,
and everything prepared. I cannot, therefore, think of
bringing you until May', if Ido not succeed, although I
suffer ever so much in being so long separated from your
dear company. Happy would Ibeif my eyes could just
now behold thee—happier still if my arms could enfold
thee. But you must tell me in your next, my dear, the
plan to proceed, and whatever you dictate I should be
happy to fulfil. * • * * Oh! Sarah, how I look
forward to that day when I shall c.. 111 you my own, and
still the greater happiness that we shall part no more in
this world. Let us, my dear, rest our hope and trust in
Him who its mighty, and if He sees fit that we should
meet again, nothing earthly can prevent it; and when
that happy day times that we are to be united, may our
hearts bo firmer and truer united by religion; and our
lives devoted to His service, &c.
"Yours, &c., " W. FARRAGE."
"Rothbury, August 18, 1851.

"My dear Sarah,—Your very welcome and lang
looked-for idea came upon the 13th inst., and if you had
the least idea of the happiness your letters always give
when they come to hand, I [eel certain that from your
kind and generous breast you would not keep me so
lung in suspense. Day by day I waited until the post
arrived before I commenced my journey, but each day
only to meet with disappointment. Now, my dear, how
Tumid you like if I had not answered you for a fort-
night to come? I cannot express in words the happiness
your letters give when I receive them-11 happiness I
would not exchange for anything in this life except the
realization of that bliss which they are the harbingers
or forerunners of—the anticipation of such happiness
that still awaits us in this life—how much I look forward
to that day when we shall meat again, and meet to part
no more in this life. In the meantime let our lives he
devoted to the service of our Creator, and living to Him,
and spending our days to His glory and the advancement
of His kingdom upon earth, our reward will be great in
Heaven. The time will soon pass away. You
mention that you expect to be in London—nothing
would give me greater happiness than to meet you there,
but the dreadful thought to meet you again and be
parted from you—l could never endure it; that alone
would prevent it, but professional engagements are very
numerous at present, which also would prevent me, and
I have all but made up my mind not to visit the Exhi-
bition • and remember in a very short time I will have
to undertake a very long journey to bring you from the
mountains of Wales back to canna Northumberland, as
my own dear—what must I cab it—l suppose you know.
The poet spoke the words of truth when he composed
the following lines:—
, The heart that is deepest moved
, examine the heart of your
Its passions most will guide.'
Asvnidl
iiafniyownhci ldw,rmi
writing
etahre
se
line_a • y
ou would find how
deeply thou art engravers there—oy night and by day
my thoughts are Oil thee—how often I wish the day was
here when we are to be united, but I find the longer we
have to wait our happiness in the end will be the greater;
but, my dear, it is hard to bear up to think c f happiness
so near and not to possess it. A little longer and all
will be well. We must wait, for we cannot snake it bet-
ter. Again, my dear, I ask you to excuse this scrawl.
Write soon—God bless you with health and happiness.
I remain, ever yours,

" WM. FARRAGE."
What could they think of the conduct of the defendant?
And what, moreover, would they think of it when he
told them that there was not a tittle of foundation to
justify this wilful and deliberate breach of contract?
The sisters of the plaintiff should be called before them,
and they should hear from their own lips whether or ❑ot
they were guilty of the acts which the defendant had
laid to their charge in this letter; but, suppose they did
all ho said they did, that was no justification of the con-
duct he had pursued. The letter he had just read was
that of a mean, false, and mercenary UM, who, at the
time. he wrote it had mad© up his mind to kayo the
plaintiff, and who bad not the manliness to do it by
any other means but those of misrepresentation and
falsehood.

The handwriting of the defendant to the several let-
ters produced and read having.; been proved,
jun William Calver, an officer of inland revenue, was
called, and stated that the defendant got Mrs. Calver to
make a tea-party, for the purpose of meeting the plain-
tiff, in order to enable the defendant to renew his inti-
macy with her. Witness also proved the marriage of
the defendant, in November last, to a widow of the
name of Ferguson, who had come to Rothbury for the
good of her health, and lodged in a house opposite that
of the defendant.
Miss Mary and Miss Jane Donkin, sisters of the
plaintiff, denied ever having used abusive language to the
defendant, or annoyed him in passing the house in the
manner described by the defendant in his last letter to
the plaintiff.
Mr. Bliss then addressed the Court on behalf of the
defendant. After adverting to the various epithets
heaped upon the defendant by the Learned Counsel for
the plaintiff, he asked if the defendant was the kind of
husband that any lady would desire to have, or complain
of because she had escaped from him? As to breaking
off the first intimacy the Learned Counsel had failed to
prove that there was any blame attributable to the de-
fendant. With respect to his renewing his intercourse
with the plaintiff, there was nothing to show that he was
actuated by any bad motive, or that there was anything
like improper design; for the plaintiff had actually been
a fortnight in the villige, and the defendant had not
been near her father's home until he was called in, as
he was passing, by one of the sisters. He admitted the
conduct of the defendant had been very
after all, no one could doubt but that, up to a certain
time, he had acted in accordance with the most sincere
t
foolish; but,
feelings of his heart; and, in renewing his intimnany.,:
was clear he had given wily to those illusiontshea d
future
im-
pulses which never once looked forward t_
boy,' and the
letters prove? Only that the defendante,rana.
if to
regarding cons( quences. What did the first series of
plaintiff, a girl, were ready topledge clot i
Pun
to forbid the
each other; and they might as well
young people from
in its daily course, as to cietteir.
part of our nature.
pulse to move, the beard to grow, orattthee -sun to revolve
forming attachments. It was
h.
no y had been
cas?,.rd t was,
allas the strain
sustained by the plaintiff at the hands of the
was
contemplatedb
but,
slgitoetinavwgti intargseisn
tpriiumnr
oabtehaybir:si e
during There thiso
mind,that
defendant ;
of some of his letters would denote, as to the
connexion terminating as it did. Notwithstanding all
the foolish and loving expressions made use h t ere was
an evident doubt ia almost every one of those
as to the parties ever being married. _ letters
Counsel then commented on the
imprudence of con-
tracting marriages when the parties were not in a posi-
tion to make each other
ortable and
defendant had but a limited happy. The
with a salary of 251, apractice, in a small village,
year as surgeon to the district
union workhouse, aprovision
the support
of )a manifestly inadequate for
establishment. The mother and
brother of the n
and there defendant wore opposed to the marriage,
were other motives which might induce a re-
fleeting man •
to pause before entering into a union that
might not all, there
result in happiness. Because, after
must be something to outlast the honeymoon—something
to endure against sudden- and unaccountable fits of ill-
humour—something to bear the pinch of pecuniary
weans, beside countless other things; and, if that were
so, what had the plaintiff lost?-- Was she not really
better as she was than contracting a union which she
would probably have to regret, when struggling with
the difficulties resulting from it? Was not that a union
that both might look to and recoil from forming? With
respect to the wound which the feelings of the plaintiff
had sustained, he thought that was a very difficult thing
to estimate in cash. Not a letter had been produced to
show that the attachment was reciprocal. All the jury
bad to do, therefore, was to judge of the relative posi- I
tion of both parties, and say what was a fair sum to be
paid
in compensation for the breach of the contract in
question.
The jury, after a short consultation, assessed the da-
mages at 1501.

FACToar DELEGATE MEETING.—There Was a
meeting of factory delegates at Manchester on Sunday, to
consider the propriety of applying to Parliament to insert
the words" no child" in the Act of 1850, so as to prevent
relay working, but ultimately it was determined only to
apply to the present Government to better enforce the PP'
loafof the priftat Act Ouvosti thstepectere.