The Sun.
London, England, 1801-12-12 00:00:00

he had represented to the laintiffbrothet—thaf
.there waS'nothing 'in the subjea Of getting ,baek the
I_,cence, although it had' been dressed up as a great
straragenfin the Defentiant for .the ,Whole of that
that the Beadi asked for-it and had ir. -The
inference' from this was, a; it,was the very (14'y after,
the Parries' had been taking' a walk toget,her up
;he City-road, the" Parties had then differed, and
had agreed to put ail end to the connettion,
otherwise the One of therm, mould' not have sent for,
nor would ,the other have•giVen up the Licence. If
the Jury .thotthr this a fair-7infetence, and he sub.„
mined 4t to be, so, :the Contrad• being -at an end by
agreempnt of, the. llarties, -a thing altvays in --the
power-of the parties.acy moment before the celebra-
tion, the Defendan,Cffould be entitled to a verdia.
,But should the inference of the Jury be otherwise,
the Plaintiff would be entitled to a verdiCi, and
then the -,questiori- would be the amount of the,
damages'; and,- tinder all the circumstances of the.
case,- he submitted they ought to be small. To sup-
port that, propositiori, he should prove, that the
Defendant was so far from being worth isol. a year
over and aboVe his trade, ithat he had in reality no-
' thing but his trade to,support him. And he should also
;:), before the Jury evidence that this young lady
j.c.clated, that she could not stoop to the drud
of,a baker's wife. He did not blame her for
.educatiopr -had -been above it ; but then the
refusal .of the Defendant to, perform the contral
(if it was to- be taken-that it was -apt dissolved by
con,,ent),,- was the less,-.culpable., and consequently
the damages should be less. , .

C:ninsel went over the whole of the
;i-,-2a for the Defendant, and made observation on
the-ditk.rent parts, of_it ; and Made 'the- best of the materials
112 had his Client, and then called the Defendant's sister
as a Witness.]
Jane Gihnore, The Pecendant's sister, ,gave an ac-
count of the property of 'her brother, with which
she said she teas well
,acquainted and said,, tiLit af-
ter all the engagementS on 'his part are made good,
he will have 'nothing to live upon but his trade
that he hai but barely enough to [Mill his engage':
nients. The Witne!A !Len pr.t.,,ccede'd to gii,%e an
account of what she he:11-.1 the young Lady,- who is
the Plaintiff in this Action," concernh,g-her ow n
dispOsitioO to fill the of a I.':A-..c r% wife, and
whiCh was on the dav when dte ticelice was
the Plaintiff.; and with which :,I:e..:acquainted-her
flier. 'The Wittfess said, " The Ik'aintiff, Miss
AndreiVS, said to Me, 'what- a aiavish btls,irieE a'
;Baker's is fora .wOriail." She then said, -that she
incapable of doing it, nor would She attend to
it as ink Mother had done.; for my mother was a
slave-to her.busincss.to befsute—l knew the
to. have been genteelly brought up, .and I re-
speded her ;m4 her family-very` much.,
[She added soma other, particulars, but this is -the sub-
stance of her evidence, "and ' we pass by the lest to make vn.iy-
for what is more material." - .

Mr.-T,RsKINE made an able reply, in the course of
,which, among many other things,he observed, that
the defence in this 'case had branched out under a
greater number of heads than was usual, a bad re-
commendation to it altogether. Defence the first,
That the 'Father of the Plaintiff died insolvent."
He died in affluent circumstances.: •
Defence the second—“ The Defendant is 11-)t
worth t Sol. a year."—lf it is not true that, he is sn,
he-told a lie, and deceived
.another who believed
him, and ought to pay for it ; if he is worth that.
sum yearly., he can afford to pay. • -
Defence the third--" That he is a. fool"—Tso he
may, but that is .no reason why he should dot be
answerable for the injury he does another.
Defence the fourth—" That he is an odd "main."
You would be twelve odd men, if that was a sufficient
reason, for not finding a verdit against him.
Defence the fifib—c, That he was either sick,
or shammed to be sick, when his Attorney called
upon him to take instrudions for his defence." He
is as well as either of you at present, but
.I appre-
hend he will not be so after your verdiE.

. Defence the sixt/.7—,‘ That he is an unaccountable
ma?!.',' I say, unless the Law of England has been.
changed since this anion commenced,, he is an ac-
countable man, Arid. Must account according to your
verdi6f.

• Defence the seveizth---" That he is "a man rz.v4-
out rhynie or reason." That defence he has un-
doubtedly made. out, but without caring for the
rhynie, your verdi t will, probablf,..restore him to
reason

The Learned Counsel then went over all the bb-
Servations of Mr. GI Bus, and maintaintd, there
was no relinquishment whatever of the contraet
this case on the'part of the Plaintiff; .and concluded
with observing, °that although he did
,not wish
that the Jury should be severe in the annakes
they should give, yet they were, as he had said
in his opening, to endeavour to• imitate the Learn-
ed Judge, now upon the Bench, in the trial of
another case, ,who was to give and who. was to re-
ceive damages in this case. The Jury were some of
them, probably,
_parents, and they would- consider
what one of their daughters ought, to have in iuch'a
Case as this. That was Ac sum- they ought ±o
The Defendant deserved to suffer, for. his condua
was extremely improper.

_ .
Mr. Justice LE BLANC then summed up the evi-
dence to the Jury.
Verdid far the Plaintiff—Pamages tool..

COURT OF COMMON PLEAS.

BEFORE LORD ALTA::LEY.

THE PROPRIETORS OF SUBSCRIPTION*-

HOUSE V. THE EARL OF PETERBOROUGH.

Tuts was an Alion. against Lord Peterborough,
for arrears of subscription to White's Club-House,
of whichthe PlaintifF3 were joint masters.

Mc.i Fitch swore, that .the SubSeription had
first been suffered, ~to run, up from 1782, to 1794,
when he had cooipounded with his Lordship at
Bath, taking fifty-gui:leas 11r tzol. agreeing at the
same time to let.hisLordshipiS,name remain on the
books. Fitch had no recolleaion that his Lordship
expressed any desire to have his name struck .off.
The name was suffered to stand, and a new arrear
accumulated ; and in 1798,, an Allion was brought
for the amount. While this wa depending,' in
1800, Lord Peterborough came ,to Fitch, who
had then left, the house, to go with him to
Martindale, who conduaed it, in order to as,
certain whether his rname was on ttie books.—
The name had. been, however,; struck out, and
Lord Pet,e;boroug,ll inquired the most speedy means