The Sun.
London, England, 1830-02-18 00:00:00

VICE-CHANCELLOR'S COURT.

Ilia Hoxoutt having got through the whole of the bank-
rupt petitions at a late hour yesterday evening, did not
sit at Lincoln's Inn to-day. Ilia Honour will sit again on
Saturday next, being the first seal after Hilary Term.

ROLLS' COURT.

BANKES V. HADr.x.

The point for decision in this ease was, in what manner
a legacy of 12,0001. and a fraction Four per Cent. Bank
Annuities should be satisfied. The testator died in Oc-
tober, 1823, having made his will in the October of the
previous year, leaving his daughter the legacy in question,
with directions that it should he investA in the Four per
Cents., for the purpose of accumulation during the daugh-
ter's life, at the termination of which the legacy was to
be divided among her children. At the time the testator
made his will, there were two funds, knows by the name
of Four per Cent. Bank Annuities, and the executors
were puzzled in what manner to satisfy this gift. The
testator was in possession of 4,7251. New Four per Cents.
and a large anm in consolidated Four per Cents., which, in
1824 were reduced to 3i- per Cents. On the part of the
plaintiff it was contended, that the gift was not specific
but general, and that it would be fully satisfied by in-
vesting the money in any 4 per Cents. that were in
existence. For the defendants it was argued, that the
gift was void for uncertainty.
his HoNouß considered the executors were fully justified
in investing the sum in any per Cents. they thought
proper, and decreed accordingly.

COURT OF KING'S BENCH.
2I.ANEY V. PARLEY.

This WAS an action of assault and battery. The plain-
tiff is a tailor, residing at Horton, and the defendant a
clerk in the banking-house of Messrs. Couttr and Co.
It appeared front the evidence, that the parties met, on
the 16th of June, at a public-house in the Kent-road,
where the defendant and a friend were playing at cards.
A wager was proposed by the plaintiff, and accepted by
the defendant, when the latter, to use his own language,
desired the latter "to post the pony." This provoked
the defendant, who considered his honour attacked : high
words arose, which were shortly followed by blows. It
was proved that the plaintiff had hen much injured, and
that it had cost hint more than 71. for medical attendance.
The Jury found a verdict for the plaintiff—Damages 201.

COURT OF COMMON PLEAS.
REDUCTION-GIFFORD V. ANDERSON.

Mr. Serjeant WILDE stated the ease for the plaintiff,
This was a case different from those which ordinarily came
before the Court. The defendant, a Mr. Josiah Rose An-
derson, having aviled himself of the opportunity which
the eircumstAnce of being a lodger in the house
of the plaintiff, had afforded him, of seducing one
of his daughters. Mr. Gifford was a boot and shoe-
maker, and the father of nine children. The female, who
was the subject of the present action was the eldest, being
only IS or 19 years of age. Ile was not in an extensive
way of business, but bore a most respectable ehrrae-
ter, and in order to support his large family was un-
able to keep a servant. The Jury would readily believe
that the assistance derived from the attentions of the
elder branches of the family was very great. Mr. Gifford
was not only a boot and shoe-maker, but also a box door-
keeper at a theatre. The defendant was possessed of a
property of three or four hundred pounds a-year, and as it
would appear in evidence was much attached to music,
for he was taking instructions at the time from a Mr. Loden.
Being at Bath for his amusement he applied to Mr. Loder
to recommend him to a lodging. Ile accordingly recom-
mended him to the plaintiff. The plaintiff having no
servant, the defendant was waited upon by the wife of the
plaintiff, and her daughter occasionally. Before the occa-
sion which gave rise to the present action, the parents had
not the slightest idea that he had formed any plans against
any of his daughters. A person sa circumstanced as the
defendant, recommended himself by his attentions to
this young woman, and a short time before he
left the house he took occasion to debauch her.
She became pregnant, and after a great deal of
suffering bore a child. It was not an unusual
thing with the defendant to have his bed warmed, during
which operation be remained below in the drawing-room,
until one or other of the family had warmed it fur him.
Ile believed the Jury would find that the eldest daughter
attended on this particular night to warm his bed.
While she was doing so, he stole lightly up after her taking
off his shoes, and that acsident occurred to which he bad
referred. He was now 25 or LO years of age, and he
has taken himself off to Italy, to seek more informathe
on the subject of his musical acquirements Ile (Setjeant
Wilde) supposed that the defendant thought that he could
prosecute his plan as he lirtvW he was withdrawing

self from the country. This young woman had been Very
much affected by what had occurred, and ever since she
produced the child, had been unable to render any assist-
ance to her father, which would have been of so mu ch
value in his situation of life. He *as, therefore,
compelled to present his complaint to the Jury, to
recover compensation for the loss of the services of his
daughter, whirl► formed the formal ground of the com-
plaint. As the rnle of law at present prevailed, a jury
was called upon to give a verdict for damages in such a
case. He asked then such a verdict from their hands as a
parent in an humble sphere of life, who was now under the
necessity of exposing his child to such an extent, was en-
titled to. The prospects of the young woman were destroyed.
Ile was sure that they would give such a verdict as
the nature of the crime demanded. With regard to his
Learned Friend, who was opposed to him, he (Sergeant
Wilde) could net conceive how far any circumstances which
he might bring fortrard, could undervalue the injury he
(Serjeant Wilde) had stated. The parents knew not how
the defeudant had recommended himself to this young
woman; all that they knew was that they had a large and
young family, and that it was important, with regard
to the prospects of that large family, that they
should have the character of their eldest daughter
free from reproach. But here a most important and
interesting branch of the family had been ruined and
destroyed. Pecuniary compensation was but a pnr
relief for the injuries the plaintiff had suffered. Hut yet
it was the only way the defendant could be called upon to
atone fur his misconduct, in effecting an injury which
every min of honour and feeling would shudder at.
He would have the painful task of presenting this young
woman before the Court, and she would have to tell her
own tale. What a miserable situation she would be put in
while doing so! What must be the feelings, embarrass-
ments, and difficulties attendant on such a situation as
her's ! She had been the victim of the arts of the defen-
dant. Her misconduct had been as little as such great
misconduct could possibly ever be. He begged to state
that his Learned Friend opposed to him must not surmise
that he in the slightest degree feared his cross-examination,
or that by any circumstances he could exempt the defendant
from making the fullest compensation, which he expected
they would give by their verdict. He would call the medical
man who attended the young woman, who would tell the
Court what her sufferings were. This was really an action
by a father which related to a young woman whose cha-
racter was scarcely formed, and who was necessarily ex-
posed, by the necessities of the family, to such an injury
as she suffered.

Emma Gifford was called up—She was an interesting
looking young woman, neatly dressed, fair in eomplexion,
and of a modest appearance. She stated the p4rticulars
of the transaction with as much delicacy as she possibly
could. The defendant came to lodge with her father in
November, 1828, and on thenight of the 19th of January
following, she opened the hall-door for him, when he ex-
pressed a wish for his bed to be warmed, which she ac-
cordingly did, but before she quitted his bed-room, he
came up and accomplished his object.
After the evidence had been gone through, the Jury re-
tired for about a quarter of an hour, and returned a verdict
for the plaintiff—Damages 500/.
Mr. Serjeant MEREVIITHEIL—I object to that verdict—
the damages in the declaration being only 300/.

Mr. Serjeant WILDE—I will consent then to take ii
at 3001.

BEACHT V. FRAYNE.

Mr. flurenmsox opened the pleadings. This wan an
action brought for money due to p!aintiff, who wane school-
mistress, for the education ofdefendant's two daughters, and
for compensation, by reason of a breach of engagement
in withdrawing the children without giving a quarter's
notice.—Verdict for the plaintiff, 271. 18s. 6d.