The Sun.
London, England, 1808-05-09 00:00:00

.tii REPORT.

COURT OF KISIG's
•
, .
, itARY f4A.17113` V,. f. •
. The 'Plaintiff is a' Spinster ; ;he. Defendant- :is an
Attorney at Raeford. A verdit'Sl had been. fbUnd
for the for Mer, in an.a6lion on a bond for 9001.
to the amount of 6001.. The motion before the
Court iitas tri set aside the verdict', and to obtain a
new trial. •
• Mr. DA,UNCEY, in making this application on be-
half of the Defendant; said, that the wound of the
attion was a breach of a promise'of marriage; the
Condition-of the baud being, that it should be obli-
gatory lithe Defendant did not marry the- Plaintiff
six months afler the decease of his uncle; otherwise
it.should-be void. It WAS stated and .proved, that.
the uncle was dead, that the six months had expired,
and the Jury were to assess the damage, for 'the non-
performance of the condition. The 'foundation. of
the defence was, that this young Lady by her
mis-
conduct hackrendered herself omit to enter into the
' marriage contrail.
.It appeared, that this spititer
had been unfortunately liable to the fi-eilty (as it
teasenedestly denominated by- Mr: Serjeant LENS
at the trial), of having an iilegitimate child, at the
age of . 16 ; she had likewise .been .subject to the
same frailty at the age of 18; and a•third example of
the frailty oldie female Character she had exhibited
afterwards: These children were bornprior ttethe
date a tilez•bo.:)d, Mr. Wilson having had no 'ac-
relaintance with her until the year 180 i.. 'She-
went by his name for some tiille, was t: tinted as, his,
wife, and ht koew, at:least, of one of Lilo children;'.
Lord' ELLESSOROLIGII—." lour inotien is fur
..e.x4ss Of damages ?" , ,
, 41r. llsueceehaving answered his Lersiship in
thentfirtnative, observed, that his Learned Friend.
had contended, that :notwithstanding these little
efrellties, not consistent :witliperfett innocence and
purity olcharaeter, she had resumed the path Of virtue,
to which she was steadily walking. In the c4.fence
it was contended, that ,1191,Ve.%er good her eiteatioris,
she was subject to some relapses. . The 'first child
.wnsbeere a week
,a(lev she. lett her .lather'S' house,
fa the purpose of being-relieved of the burt lien iii a
convenient situatiote The-next was to have been
introduced to light and life in,a neighbouring cottage ;
htit she .was unluckily a, little anticipated, and the
fruit was produced m an adjoining orchard, during'
' her progress to..that place of retirement. SubSe-
(weeny; shelived at a small distaece from the city.
of Worcester, at a Nstublic-lionse, where • was an
ostler or the "lame of Smith, to whom shesaid one
day , ". I have. got you a new easterner.; a Gentle-
man Was Alarmed attic ithuninatione at Worbester,
and 1 have asked •.hitn to come . This Gentle-
,mati,.,who was so much frightened at these indiea•
tious of poetic joy, traliquillized his'ipirits for a day
or two at the puelic•house, and on gititting it as a
residence, euelinued. his :visits for six weeks or two.
mouths daily. ; from Whence it :Was concluded, at
least alter his tears had subsided, that he bait 1.);:en.
on the most intimate footing with thileLady, John
James, a farmer, who possessed a little of the cti.
riosity of hissoceupatien, had ob'ierved the • Lady,.
with a Geotletain having his arm. mend her, look-
ing-over the bridge, contemplating' the beauties of
the stream "and its accOniplisienentss Hauzahl.Cla- I
--jell, a domestic of the house,-said, that a.Mr. Free- j
nian, the Plaintiff, and Mrs. Booth, the mistress,
44Zt oat 011 ts evening together, with
.the ptufessed
intention of returning to tea, but Mni. liocsch only
made her appearance at that time. The young
Lady had oh a while
Lord ELLENEO4togGII---" The pe..s.e, and-the,
story about tea, does not sceTti at ail necessary to-
, your purpose."
Mr. DAtraCEY said,, that his Lordship would End
that these circumstances were not immaterial: Miss
Mary Manic, spinster, it was true, returned home,
but not until she had spoiled the, beauty of her
pelisse. Mr. Freeman slept at the publican's that
• 'night: One of the childrett of Miss Mattie used to
sleep with her. In the hour of darkness Hannah
Una, and also-. Eleanor Powell, another servant,
beimd the door of the Plaintiff open, and were will-.
'rig to satisfy theinSelves with respea to the cause.
Urged by that 'insatiable principle by which women
un such situations. are impeded to remove the. horrors
of uncertainty, Hannah Majell went into the Plain-
. room, where she discirieretfthe child in bed,.
but the Lady had take', flight: `She then went to the
'ap.irtment of Mr. Fish:nun, where she' heard the
voices of a male and female, which she had no
doubt were' those of Mr. F. and lkiss elattie.--
41eatiorpowell was, the next Witnessi and her evi-
dence 'was the .Principal ground of the presets; me-
. tion. She had declared that She would not believe
flarinah upun her oath, and this deClaratien
gave the turn to the minds- et the Jury, and led theta
Sto fitist such extravagant (lei:lieges. The . Learned
Cuulesel said, Celt he affidavits, not only to the
respeetabitity ot the char:lo.l'6f /Lionel) Msjell;bht
also to the feet of I?...leaUor POWell ,haSing been 'tem-
pered with fay, the. testae
.Lord Et.LENSOEOUUH--". De you mean to say,
-that . if she Were deteeted in acts of indecency, it
teeuld invalidate thiS bond? It' it was the duty of
.the Defendant to welch over her Morals, he has
tiegleded that duty, and this is no_objettion to the
verdicts - ,It is toms a different case frotn that of a
chaste wow
,Ir. D4uNuaY--= It Would be a dreadful conse,...
gttanee it a party were bound, by such an Obligation,
to, marry a seaman who should deviate into every ex-
cess of profligacy.— •
Lord Eid.aNtsoltouali--" But-here be had the
other alternative, to pay'oif the bond.—
Mr. Detrisdesc resumed, that the Judge dire Bed
moderate damages, and the Jury had given 0001:. on
the supposition' of her innocence, and of the false-
hoed of Hennali Maesse. The adidavits stated, that
..Meatier Poweleaid, Wilson Calls me,. I will do
pitta no.ghod; I will say that Which- will de fur
him; for I. have received }sonnets sat her money."'
On these grounds, that the evidence of tiatinah
,Majell might receive its doe weight, rilreDsuecesr
trusted that their Lordships would grant a little to
.sinew cause." •
Alter soma observations by the three Learned
itidgei, (slr. Justice LAwaENcs bad taken his seat
ou ties Bench of the 'Common Pleas) the Itule was

lIERNFORI) V. TEA-LAND.
The Plaintiff is a young viOnian of poor parentage,
bat of respectable onaraOtgr, residing at Nr.!wca3tte.
uvoT n-vnt" "

'this '•naioti 'WO vias broiaklit -trreeeh-et a- -
promise of marriage. but- in thit Cale no bon:t hid
been given.. A vet-did:bad been tuund' for the 11.‘,.“
tiff, in the sum of 8001. .
Mr. PITCAIRN moved fora ittlle to site* cametp
set aside this verdiEt, the daMit&s-beinl- excesilive: • L
the PetOdant having been erroneously represt:nted,
,et the trial,. as the part owner of two ships, and toe 1
proprietor of some produldt%e estates. The foa w 9.4,
that, from.
,his Clerkship at the Bank, he had (lily'
601. a year; that he had tit estates' excepting ala.)ut
seventy acres of land, the property of his wife ;
that, althoagh he had some shares in shipping, 'La'
money for the purchase of them, had been advanced
by his father and brother, and was still due to them.
---Rule to spew cause grunted.

. PURCELL V. MACNAMARA.
Mr. GURNEY moved for a new trial hi this case;
which was an aaioa against
,the. Defendant, for a
malicious prosecution.
...Upon . the trial before Lurki
ELLENBUROUGH, C. J. no evidence Was adduced to
thew express malice on the part:of the Defendant
bringing forward the protec,ution ; it being only prov-
ed_that he preferred the bill of indictEnent and after-
wards did not prosecute it when calle4 upon to,de so
at 'the trial, His Lordship therefore nonsuiteu the
Plaintiff.; - •

Mr. Gua*LT now' contended upon some cases ,
.which he stated from memory, that it was not tie.
cusary to prove malice expressly.
13ut the Court upOn the authority of Saville
berts in Strange,,tield twat it -was nacess%ry
further than merely to prove tifat,tbC* DA:mint Ithd
not appeared to prosecute. Ilk iodic-Auk% t. It Daii;l3t,
'homiever, ire S)LUC api)ear so poliribly tli
had no probable cause ti:e proi:!‘aitiotl, that it
could arise only from inalice.—lluie refused.

LLINGSLY V. TU COUNTESS OP WAIDEOA.V.E.
111 r. DAMPIEtt moved' tOr -a: new trip! in this easl
for: excessive 'damages.. It was an.. ;talon bYlllr.,
lidlingsly, who was the steward.of the Defei,dam;
for a compensation for. his skill, 'trouble, and assist, .
mice in purchasing an e.,tate tor the Defendant, of
.the value Qt 35,0601. and also for roving rents. of
14001. por annum for two ,years. For this he- '
charged 10001. and•the Jury allowed him 800L.7-:-/
According to the fair con:yaw-Lion of the inOst
entitled to, it would tx, About 1501. turtle per. -
chase, and 701. a year for the feceiving of the reins..
The Court granted 3.Ruie to shew cause.