The Sun.
London, England, 1839-05-13 00:00:00

children to be brought- up in those creeds ; but I de- \ BREACH OF PROMISE OF MAR- 1
eidedly object to all systems of shackling and fetter- RIAGE.
ing the exercise of that human mind which the Al- , elr , 1
mighty gave for our guidance.--(Loud cheering.) COURT OF QUEEN'S BENCH, MAr 10.
To all systems of exclusion on the subject of religion I BARFORD V. ORCHARD.
have ever been opposed.—(Cheers.) lam growing Mr. THESIGER stated that this was an action which the
old ;I am now 67—but I remain attached to those plaintiff, a very respectable young woman, had been corn-
principles of civil and religious liberty which I have in pelf
de to brinng, in order to recover from the
forefena most
nt
early life supported ; and I fear the censure of no such compesation, as damagcould afford,a
wanton refusal on his part to perform a promise of mar-
divines for expressing them.—(Great cheering.) 1
, riage which he had made to her. The case was one Of
His Royal Highness, on retiring, was again greeted
the utmost importance to the plaintiff; it involved her
with tremendous cheering. character and her happiness in no ordinary degree; and
1 he therefore felt no common anxiety in rising to state
it for the consideration of the Jury. The plaintiff was a
person now of the age of thirty-four years, the daughter
f an innkeeper at Pepperstock, near Luton, in Bedford-
shire. Her eldest sister was very respectably married, aria
her brother resided in London, and carried on business here. '
Until the commencement of the plaintiff's acquaintance
with the defendant, she was a person of the very best
character. The plea on the record alleged that she was
not now a person of good character, but of immoral con-
duct. The defendant had formerly resided near the house
of the plaintiff's fa'ther, but now lived at a large farm, of
which he was the tenant, near Ridge, in Hertfordshire.
He (Mr. Thesiger) was glad, therefore, to tell the Jury
that the defendant was able to pay any damages that
might be awarded against him. The defendant's acquaint.
ance with the plaintiff's family began in 1830. About the
year 1835 he began to pay his addresses to the plaintiff, and
he promised her marriage. On one occasion they came to
London to be married, but on the morning after their arri-
val the defendant postponed the proposed marriage, on the
ground that ho was not then settled in a farm, but
that he had nearly fixed upon one, and when he got into
it he promised the plaintiff to marry her. This oc-
curred in July, 1837, two years after he had began pay-
ing his addresses to her, and had been received by her
family as her acknowledged suitor. There was reason
to believe that during that visit to London, made
with the avowed purpose of their being married, he took
advantage of the intimacy of the relation in which they
stood towards each other to obtain the gratification of his
wishes. In the month of April, 1838, the plaintiff
was delivered of a daughter. Though the conduct of the
plaintiff was undoubtedly the subject of censure, it was not
without a claim to some touch of pity. But what was the
conduct of the defendant, who, after having gratified his pas-
sion, now endeavoured to throw the former object of his
affections, like a worthless weed, away ?—nay, not content
with leaving her, he sought to blast her character, and had
put upon the record a plea which, if true, would prole the
plaintifunfit to live in decent society; but it was whollyfalsei
If the defendant ventured to attempt the proof cf any general
immorality on the part of the plaintiff there were many w"'
nesses in Court who could prove that, until her acquaintance
1 with the defendant, not a whisper had been breathed upon
her reputation. If he ventured to attempt the proof of that
part of the plea which charged her with immoral conducft
with Bradley he should be answered by Bradley hinset
ot
who had been subpoenaed as a witness, and should be P
into the witness box to deny the slander, and to stand enbt
cross-examination to which the defendant's counsel seig.„
think fit to subject him. It would then be for the jut/
deal with the case, and to give such damages as the aggra.
vated wrongs heaped upon the defendant would require-
t.
The mother of the plaintiff, a Miss Sanford, an acqughi..
auce, and Mr. James Barford, the defendant's brother,
were respectively called. Their evidence established t°
Learned Counsel's statemet.
Mr. KELLY, for the defenndant, said that it now beesree
iye
his painful duty to show that the conduct of the Ph°ll`.s
was such as had been stated on the record, that she 's"wati
a person of immoral habits, and that her character was Sit.,
as would warrant any man in breaking a promise of mane
riage, which he might ignorantly and incaue‘ously 110.
given to her. That she had repeatedly been seen in airl.4
proper situation with Bradley, and in situations at leas
doubtful with other individuals • tiff
111 rs. Burton—l am a midwife. I was with the plain
on
when she was confined in April lavt year. I saw her
Bradley's knee the night before her confinement. Her
mother and brother came there. It was in the shop.
was on his knee, with her arms round his neck. I
Cross-examined—l did not say anything about it.
ard
can't say but that I was rather confused, as I had betbe
them say that she was married to Orchard. This Wastig,
very night before she was confined. I did not tell of ti.
but some people who knew it said I had seen it. &eve
Harriet Burton, the daughter of the last witness, 0
evidence similar e.
Plummer,toa a labouringffect man, who had been in the ser.vie-
crie
tt
of the plaintiff's father for three years, but who had qu:baa
his service about twelve months ago, said that °
bradleY'
several times seen the plaintiff on the knee of 13
into a
and spoke of having once seen her and Bradley g°
bedroom adjoining his own, and shut the doord.ones
Cross.examined—Was now in the defend
and had been so for the last three months. . n Brad-
plaintiff o
Letitia Cross spoke to having seen the hop
1, in the s
ley's knee, and with his arms round her need,
of her father's house. kind.
Mary White stated acts of even a less equivocal
plain.
Cross examined—Witness was not worse than the
viera
tiff. She had had three illegitimate children. They d 0
by three different men. She was about to be married service,
the father of the last of them. bad also
Mrs. Newman, the mother of the last witness,
seen acts of impropriety on the part of the plaintiff. Lea
Cross-examined—She had never spoken to her dauFob'er
on the subject—never at all. She did not know what toe
daughter was going to prove. She and her daughter c
up together to give evence on ths trial.
The plaint ff calledid Bradley ini reply to this evidencoe;
and Bradley stated that he had formerly kept conehe
with the plaintiff, but that the match was broken off by .1,0
friends, who desired her to marry Orchard. While Ate
courtship lasted he had had the plaintiff sometimes on -,,t
knee, and had kissed her, but had never taken inden
liberties with her then or afterwards. He was in L 0
°-
on the night before her confinement. ept,
Mr. MONTAGU CHAMBERS, on the part of the defendreplied to Bradley's evidence.
Mr. CHADWICK JONES, on the part of the
plaintiff, r"
Jury' plied upon the whole case. •ry 13°'
Lord DRNMAN summed up the evident the
sc
verdict for
after five minutes' consultation, returned a ve
plaintiff—Damages, 5001.
_........
P to the

CARLOW ELECTION COMMITTEE

At the sitting of the Committee, on Saturday morn-
ing, further evidence was gone into on the vote of
Thomas. Quinlan, after which
Mr. WRANGHAM addressed the Committee in sup-
port of the vote.
The Committee, without hearing Mr. Austin in re-
ply, decided that the vote was a bad one, and must be
struck off the poll. This placed the petitioner on an
equality with the sitting Member.
Mr. AUSTIN then proposed to strike off the vote of a
poll clerk.
Mr. WRANSHAM did not object to his Learned Friend
quitting the class of removals, if he quitted it finally ;
but he did object to his moving backwards anti
forwards in the absence of any precedent, and good
reason for so doing.
Mr. THESIGER contended that it was an invariable
course to begin and conclude one class before going into
another, and there was not a single departure from the
course during the whole of the last session.
Mr. AUSTIN denied that this was the invariable prac-
tice. The practice had usually been that the parties
should exchange lists previous to the commencement of
the scrutiny of the votes proposed to be attacked. The
inquiries were then limited to that list. On the first
day he (Mr. Austin) suggested the exchange of these
lists, but the other side refused until their majority was
beaten down. He contended that he had a right to
take the votes in any order that he pleased.
After some further discussion the room was cleared.
On our re-admission,
The CHAIRMAN said the Committee bad come to the
determination that sufficient ground had been shown
for proceeding with the objection to the vote of Philip
Deighton.
Mr. Brown, Town Clerk, of Carlow, and Deputy
Clerk of the Peace, proved that the voter was a Poll-
Clerk at the election, and that he was paid three
guineas, being at the rate of one guinea per day for his
services.
Cross-examined by Mr. THESlGER.—Received the
money to pay the expenses from the agents of the can-
didates.
Mr. AUSTIN submitted that under the 7th and Bth
Geo. IV. c. 37. the vote must be struck off, inasmuch as
poll-clerks were expressly disqualified.
Mr. THESIGER contended that the words " poll
clerk" must be construed to mean " check clerk," and
that the object of the Legislature was to prevent the
employment of persons under colourable pretences, and
could not extend to a legal appointment.
The Committee struck off the vote, leaving Mr. Gis-
borne in a majority of one over the sitting Member.

ROYAL YACHT SQUADRON.

The general meeting Royal Yacht Squadron
took place on Saturday, at the Thatched House Tavern,
St. James's-street. At one o'clock the chair was taken
by Joho More, Esq., and among the members present
were, Sir William Curtis, Colonel Sir J. A. Seale,
M.P., Joseph Wild, Esq., Rev. Denis George, Hon.
R. F. Greville, the Earl of Belfast, the Earl of Ilches-
ter, Sir Wm. Johnson, James Lyon, Esq., J. S. Pack-
ington, Esq., M.P., G. Bentinck, Esq., C. Pratt, Esq.,
Captain Herringham, R.N., W. Delafield, Esq., A.
Greville, Esq., Captain Corry, S. De Horsey, Esq.,
M.P., H. Robinson, Esq., Sir A. Murray, Col. Hail,
Sir J. Welsh, Bart., M.P., Captain James Keane, W,
Hanhani, Esq., Sir B. Graham, G. Tomline, Esq., R.
W. Cooper, Esq., G. H. Ackers, Esq., E. N. Harvey,
Esq., J: Beardmore, Esq.
The following Members were elected :
Joseph Jekyll, Esq., the Louisa cutter, 162, proposed by J.
Fleming, Esq., M.P., seconded by W. Webber, Esq.
Henry Oglander, Esq., the Matilda cutter, 44—The Earl of
llchester—The Earl of Yarborough.
Lord Viscount Exmouth, Flower of Yarrow schooner, 129
George Bentinck, Esq.—Spencer de Horsey, Esq. .P.
Wm. Sprott Boyd, Esq., the Young Queen schooner, 90—Col.
Hon. R. F. Greville—John Lindegren, Esq.
Joseph C. Ewart, Esq., the Edith cutter, 70—The Hon. W.
H. White—Sir A. J. Murray. Bart.
Colonel John Petre, the Midge cutter, 36—The Earl of Yar•
borough—Thomas Hallifax, jun., Esq.
A. Macdonald, Esq., the Lord of the Isles cutter, 42—Alger-
non Greville, Esq.—Sir B. R. Graham, Bart.
Lord Henry Cholmondeley, the Zephyr cutter, 55—G. Walker
Heneage, Esq., M.P.—J. Tollemache, Esq.
And as Honorary Members—
Commander John Mac Donell, R.N., proposed by the Earl of
Yarborough, seconded by A. W. Corbet, Esq.
Captain Sir John Hill, R.N.—JohnlMoore, Esq.; Spencer de
Horsey, Esq., M.P.
Commander James Hamilton Ward, R.N.—Sir Wrn. Curtis,
Bart. ; Captain Herringham, R.N.
Commander Frederick. Hutton, R.N.—Captain Corry, R.N. ;
A. W. Corbet, Esq.
' Commander George H. Halstead, R.N.—Henry Robinson.
Esq.; William Beach, Esq.
Commander Henry Bagot, R.N.—Rev. T. L. Lane; J. Saun-
derson, Esq.
Commodore Ridgeley, U.S. Navy—Lieut.-Colonel the Hon.
R. F. Greville.
A donation of 501. was contributed to the " Societe
Generale des Naufrages ;" and a donation of 100 gui-
neas to the subscription for erecting a monument to the
memory of Adniiral Lord Nelson.
The annual dinner was fixed for the 19th of August,
and thanks being voted to the Chairman, the meeting
adjourned.

T,B 111
SIGHT AND HEARING, 39, A—„,— S. 50—.,
STREET, PlCCADlLLY.—Testimonials on the oler'-'ses and
B. Solomons' newly invented Spectacle ben o.d
Invisible Operative Voice Conductor for deaf Per.st; use
" We, the undersigned, have been for some time aktnisb,t
Messrs. Solomons' newly invented Spectacle Lenses; decided pre7l
relief they afford to imperfect vision gives them the .opstrelio,
ence to every other kind of Lens—the clearness of the,tri'„ view
brings every object very distinct, and enables individual, ire raj
most minute particle with perfect accuracy. These Leen, ot, $'
ticularly pleas,nt by candle light, being cooling to te
,oftening the bright and brilliant lights. toestrail'fter
James Blundell, Esq., M D., 1, Great George street,
'l'. J. Pettigrew, Esq., F.R.S. Saville-row
George G. Sigmund, Esq. M.D. 24, Dover-street.
R. Noble, Esq., Surgeon, 36, Albemarle-street
M. Cann, Esq., Surgeon, 50, Parliament-street.
Samuel Bonnor, Esq., Surgeon, 26, Berkeley-square square 0
A. Barklemore, Esq., Surgeon, 10, Charlotte-street,
W. English, Esq., Surgeon, Denmark-hill 0144
_,,
W:Jones, Esq., Surgeon, 15, Lower Brook-street, Gr°''° JBP'
Thos. Griffiths, Esq., Surgeon, Wrexham e„„ sari'
S. H. Amphlett, Esq.. Surgeon to the General D",
Ore
gham.
min
Henry Hamilton, Esq., Surgeon, Langharne, Carmarthen
tor ij
&e. &c. odUe • 10
Messrs. Solomons' Invisible Operative Voice 'l'3-0611:r
not larger than a seven shillings piece, and when ore '0
the cavity of the ear is soft and easy, and not 140011
comfortable nor perceptible than having a piece °Oiler;
its place. By ite use the faintest whisper at a4Pibeolar
sembly is heard with exact distinctness. 39, P. 45,
street. No travellers are employed.
iz A"ore
" CHARLES TYRRELL." By G. P. tbs-
P
ESQ.---It is with no ordinary degree of satisfaeue° of 0.
direct our notice to a new novel from the PLe,:as
James. The lore of the olden time, which be P-r-bis the
mind, and the unlaboured and unaffected style to, I'S oe.
ings, have placed this gentleman, without questl"riOssiot
head of all living authors of historical .cieoce sict,
" Charles Tyrrell," moreover, is a sufficient esl in (idiot
he is not solely a chronicler, temporis acti ; tha,tnteottio-bi'
ing the vices of this age of reason he is no less ri-go 0,;,-pce
when dwelling- on the by-gone glories of theA":oWp;
valry. The present story owes its interest ae"...orltedelbi,
to the admirable manner in. which the plot is "doe AO
its merits depend upon the impressive effect Pr f Jett $l.
the whole, and not upon the mere brilliancy °l.ol'lll,
parts. This is as it should be. " Charles '3. nove
together a powerfully written and excellent e
Parthenon.

NAVAL INTELLIGENCE.

(FROM OUR OWN CORRESPONDENT.)
PORTSMOUTH, MAY 10,

In Harbour—Victory 104, ordinary guard ship, excellent
gunnery ship ; Royal George yacht ; Hydra and Light-
ning steam-vessels; Messenger steam transport ; and
Fanny tender.
In Dock—The Britannia, 120, flag ship.
In Basin—The Benbow 72 ; the Childers 18 ; and
Clio 18.

At Spithead—The Lily 16, from the coast of Africa.
ARRIVALS, SAILINGS,&c., DURING THE

WEEK.
On Sunday, the sth—Arrived her Majesty's sloop Lilly,

16.
Monday, the 6th—The Gossamer tender arrived from
Liverpool with volunteers for the Benbow, and the Light
ning steam-vessel from Plymouth, to be in attendance on
the Queen Dowager on her arrival at Spithead in the
Hastings, which is daily expected.
Tuesday, the 7th—The Clio was commissioned by
Commander Charles Deare ; and the Avon steam-vessel
arrived from the Westward.

Wednesday, the Bth—The Avon steam vessel, went out
of harbour with Gossamer tender in tow, the latter taking
volunteers for the ships fitting out to the eastward.
Thursday, the 9th—The Curlew, 10, sailed for Ply-
mouth, there to await further orders.
Friday, the 10th—Arrived the Prospero steam-vessel,
from the eastward, with a mud-boat in tow, which latter is
said to be employed in deepening the Channel to the Royal
Clarence Victualling-yard.
A Court-martial will be assembled on Monday next
on board the Victory (the Commander-in- Chief's flag-
ship being in dock), to try Lieut. King and Mr. Fuller,
Surgeon, both belonging to the Lily, on charges preferred
against them by the Commander of that sloop. The Re-
venge is ordered to be commissioned to-morrow by the
Hon. W. Waldegrave. No orders, it would appear, have
been yet received about the Blonde.
Mr. Andrew Park, late Clerk of the Britannia, has been
appointed additional Clerk of the Blenheim, at Sheerness.
Mr. Chapman, additional of the Britannia, will proceed to
the Coast of Africa, to fill up any vacancy that may occur
there as Clerk in charge.