The Sun.
London, England, 1862-08-20 00:00:00

THOMAS V. SHIRLEY.

It will be in the recollection of the public that
an action for breach of promise, brought by a young
lady named Annie Thomas against Gen. Shirley,
was tried at the Lewes Assizes on the Ist of August
last, when a verdict for the defendant was returned,
and that there was another action brought by
the same plaintiff against the defendant, to re-
cover upon a contract he was alleged to have
entered into, and which was contained in the fol-
lowing letter, dated the 27th of May, 1862 ;

" Tuesday Evening.
" My Dear Annie,—Recollect, if you please, that
my promises to you of twelve months since have
all been cut short and annihilated by your own
conduct—conduct which, I must again remind you,
was dishonourable—unworthy of you in every way,
and which completely and for ever destroyed all
confidence and the feelings which I had previously
entertained for you. But for this, you might, and
would still, have been the inmate of my house and
the idol of my heart. If the wide world stares you
in the face, ask yourself whose fault is it ? Do not
for one moment suppose that I shall make any set-
tlement; this you may be sure I never will. I will
allow 10s. a week for your child ; but more than
this I will not promise. I will come and see you on
Thursday, but I must see your book, and how you
have expended the money I gave you, before I send
you any more. Why did you not send me your
book, as I requested, with your expenditure on one
side and your receipts from me on the other ? This
would have been satisfactory and straightforward;
but you have not been so to me lately. Recollect
your own conduct in the past, and do not blame
me. Recolloct also your sly and cunning conduct
in getting one of your lawyer friends to write to
me an annoying and offensive letter. I will, how-
ever, do all that is kind to you, and more than you
deserve, as in reality you have long since forfeited
every claim on my protection, and a person who
opens letters and reads them—and you did—with-
out my knowledge and consent, commits a crime
against all social and moral laws, even if it be not,
as I think it is, a felony. I will say no more on
the hateful subject. lam ill, and much dispirited,
and the more I think of your dishonesty the more
sick at heart it makes me.—Adieu.—Your still
sincere and kind friend, " ARTHUR."

After the verdict in the first ease it was suggested
by the learned judge who tried the case that the
action for necessaries should be referred, and the
present proceedings resulted.
The meeting of yesterday was held at the Law
Institution, under the order of reference made by
Mr. Baron Bramwell. Miss Thomas was repre-
sented by Mr. Lewis, jun. (Lewis and Lewis, Hat-
ton-garden); Gen. Shirley appearing by Mr. Pawle,
of New-inn ; Mr. Wm. ratchet was the sergeant
appointed as arbitrator.
Mr. Lewis, in opening the case, said it was an
action brought by the defendant for necessaries sup-
plied to the illegitimate child of the defendant, and
also upon several contracts, verbal and otherwise.
It would be affectation to suppose the arbitrator had
not heard of the facts of the case, which the learned
gentleman recapitulated. Referring to some obser-
vations that had been made elsewhere, he stated
that the 2d June, when they visited Scotland toge-
ther, was three weeks after the first acquaintance,
and a fortnight after the promise of marriage. The
first item was for goods purchased at Waterloo
House, amounting to £l6, and she then wanted to
buy her wedding dress there, to which the General
made some objection. They went to Ireland, where
he had promised to marry her, and returned thence
to Brookside Lodge. In Jan., 1862, she being in the
family way, Gen. Shirley was found in Miss West's
bedroom, and sending that young lady away, she
had such a conversation with the General as led her
to think he did not mean to marry her. She came to
town and took lodgings by defendant's directions at
36,Albany-street,liegent's-park, on the 15th March,
1862, and she was confined on the 28th March,
1862. The total amount sought to be recovered was
£169 175., less £3O paid on account, and the first
item in the account was £3 a week for herself, and
30s. a week for the nurse and child. Mr. Lewis pre-
ceecled to challenge Gen. Shirley to come into the
box, when he would get from that gallant officer
such particulars as would prove no enviable fat's..
Mr. Pawle, on behalf of Gen. Shirley, objected to
such statements, and the arbitrator ruled that Mr.
Lewis might ask questions of witnesses, but that it
would not be desirable to make statements, unless
they could be substantiated.

Mr. Lewis said he should content himself by
daring General Shirley to get into the witness-
box, and content himself on the part of the plaintiff
by proving the facts sufficient to prove the case.
He should, however, put in several letters written
by the General, and call for Miss Thomas's replies,
which would put beyond doubt the intentions of
the defendant, as stated by him, but which his after
conduct had terribly belied.
Mr. ) ewis then called Miss Thomas—l am the
plaintiff in this action. I have been governess for
some years. I have been governess in Mr. Charies
Few's family. I then inherited £3OO. I afterwards
went to Paris, and from thence to the family of Mr.
Pinnock, in St. John's-wood. I afterwards (the 21st
of May, 1861), put an advertisement in the paper,
and received an answer by letter on the following
day from the defendant, and on the 23d he came
himself and said he was a colonel in the army, was
a widower and of some position in society. He said
he resided at Rugby. He pressed me to make up
my mind and at once accept terms. He called the
next day and said he was frequently visited by his
sister Lady Heather. I refused, because I did not
wish to go into the country. The next day, after
his pressing me and paying me some attention, I
went with him to Mr. Kirkman's, in Oxford-street,
to purchase a pianoforte. He proposed marriage to
me, and asked me to dine ith him that afternoon.
He wished that proposal to be kept quiet from his
friends for some time. At that time I was quite
alone. I had no relatives to consult or advise. I
was to write and let him know whether I accepted
the proposal. I accepted it at once. I afterwards
dined with him at Greenwich, as we were engaged
to be married.

Mr. Lewis here called for defendant's letter of the
2d of Juno to plaintiff, the production of which was
refused.

Mr. Lewis then read one of the General's letters,
with regard to which the following questions were
asked :

Mr. Lewis—With reference to his proposal to a
trip to the sea-side, what reply did you make ?
Plaintiff-4 said 1 would not go unless as his
wife.

Mr. TiMis—Was there not in this letter some
affection?

Plaintiff—Tlinre was some affection in it.
Mr. Lewis—Did you answer all his letters?
Mr. Lewis—When did he promise or propose to
be married ?

Plaintiff—On the 15th of June.
Mr. Lewis—Was not the 10th of June the day
he invited you to Blaekwall, and took you there ?
Plaintiff—Yes; and I wanted to leave for home,
when ho told me there was no train.
Mr. Lewis—And that night he effected your
ruin i__

Plunitiff—lres,