The Sun.
London, England, 1865-02-11 00:00:00

,THE SUN, LONDON, SATURDAY EVENING, FEBRUARY 11, 1865.

LAW INTELLIGENCE.—This Day.

COURT OF CHANCERY.
(Before the Lord Chancellor.)
LN RE THE AGRICULTURAL CATTLE INSURANCE COMPANY-
JUDGMENT.

In this case it appeared that the company in question
had been wound up, and that at the time of Its formation
the shareholders agreed to retain their shares for 60 years
unless the company were previously dissolved. Seven of
the shareholders, whose liabilities amounted to £lO,OOO,
had been released by the directors on the payment of -£4,000,
which was held to be an infringement of the terms of the
contract, and collusively entered into by the directors, who
had not apprised the shareholders at large of the arrange-
ment which had been made. The case was heard before
the Master of the Rolls, who decided that the shareholders
in question were freed from their liability, their shares
being forfeited by the directors.

The Lord Chancellor, in his judgment this morning,
reversed the decision of his Honour, and ruled that the
shareholders should be restored to the list of contributories.

COURT OF QUEEN'S BENCH.

(Before Lord Chief Justice Cockburn and a Special Jury.:
EXTRAORDINARY CASE OF BREACH OF PROMISE OF MARRIAGE.

LEWIS V. POWELL.

This was an action for breach of promise of marriage, in
which Miss Margaretta Ellenora Lewis was the plaintiff,
and Lieutenant-Colonel W. Thomas Rowland Powell,
M.P. for Cardiganshire, was the defendant. The damages
were laid at £50,000.
Mr. Bovill, Q.C., and Mr. Hodgson were counsel for the
plaintiff ; Mr. Coleridge, Q.C., and Mr. Henry James ap-
peared for the defendant.
The defendant put three pleas on the record to the effect
that he never promised to marry, plaintiff was not ready to
marry the defendant, and that reasonable time had not been
given for the performance of the promise.
From the statement of Mr. Bovill, Q.C., it appeared that
the defendant was a widower of considerable possessions in
Cardigan, for which county he was Member in the House
of Commons, and intimate with the family of the plaintig,
well conditioned people in the district of. Col. Powell's
house. Some short time since, a cousin of the defendant
was married to the sister of the plaintiff, and shortly after
that event took place, they were• invited to visit Colonel
Powell at his residence in St. George's-road, Belgravia, and
the plaintiff was invited to come. This was in the early
part of 1864, indeed the Ist of January, and shortly after
he wrote to the brother announcing the forthcoming mar-
riage. In a kind of joke three ladies "popped" the ques-
tion, one of which was the plaintiff ; and subsequently
Col. Powell took the matter more seriously to heart, and
formally proposed to marry the plaintiff. Col. Powell, who
was 49 years of age, had been some years ago partially
paralysed, and in his letter he referred to never having any-
thing to love, and closed his letter to the plaintiff's brother
by saying that he would be married by special license at
his own house, as he could not stand the going in and out
of church. The letter concluded with some poetry, which
Mr. Bovill -declined to read, as he did not wish to make
Col. Powell ridiculous, but would hand the poetry to Mr
Coleridge to do sa if he liked. (Great laughter.)
Mr. Coleridge begged to decline making his client ridicu-
lous. (More laughter.)
Mr. Bovill continued by reading several letters ad-
dressed to the plaintiff's brother, which fully announced
the intention of the defendant to marry the plaintiff. In
them he referred to the business habits of the lady who had
for many years managed her mother's house, and the money
she would save, which was a matter of consideration, as Col.
Powell had four expensive establishments, kept hounds,
which he could not follow, and preserved game, which he
could not shoot on account of his infirmities. On hearing
of the tidings of the proposed marriage, the defendant's
friends much objected to it, and after some time Col.
Powell considered that he was "physically and pecuniarily"
unable to marry. Before he arranged to marry the plaintiff
he ♦consulted Dr. King, who told him a prudent marriage
would be the wisest thing he could do, and calculated to
prolong his life. (Laughter.) Mr. Bovill commented in
very strong terms upon the flimsy pretexts put forward by
the defendant, which the previous letters of the defendant
himself disproved. In them he had told the plaintiff's
brother she would have ..f.500 a-year if he died. After all
that, and the knowledge of the proposed marriage being
known all over the county, Col. Powell himself imputed to
Miss Lewis improper conduct, and when he was called
upon to answer for his breach of promise he put a plea on
the record that she had been guilty of improper conduct
with aLieut. Fraser, and that remained on the record from
the 14th of November to the 3d of the present month, and
during that time the lawyer for the defendant went all
over the country to hunt up evidence against the plaintiff,
and her name became common talk all through the country.
Before he put such a plea upon the record he should have
thought of his position as a man of honour and a gentleman.
The withdrawal of the plea was no reparation to the lady,
who was well known in the county of Cardigan, and
rumours were circulated throughout the whole of that part
of the county, which rendered it absolutely necessary that
she should submit to medical evidence, and he would be
obliged to call witnesses to prove that she was other than
was imputed to her by the defendant.
Sylvanus Lewis, brother of tho plaintiff—My father is
dead ; he Was n surgeon. We left Brookfield in 1860. We
removed to Bron-Iram, in Cardiganshire. My father died
in October, 1861. We became acquainted with defendant
many years before. After we came to Bron-Iram we knew
the defendant more intimately. In 1863 we went to visit
defendant at Nanteos. My two sisters went—Margaretta
and Hannah. In Feb., 1864, I daresay we went again. My
sister Emma was married to Wm. Beauclerk Powell, the
cousin of defendant. I was on a visit to Colonel Powell,
my mother and three sisters were with me. After the mar-
riage we left the plaintiff at a residence of defendant's,
Pantrybedweeds. Captain Phelp and his wife were there.
Captain Phelp generally spent his time at Pentwith. The
defendant is about 40 years of age. My sister and the de-
fendant were very much together. He had heard rumours
that my family was trying to make up this marriage with
the defendant for our personal advantage.
A number of letters were read written by this witness
to Colonel Powell, and also one from the latter to David
Lewis, the brother of the plaintiff, in which he says,
" Don't kick me out ; I am engaged to your sister Marga-
rett." It further states that " She is a lady who has been
mistress of a home, and knows how to manage it without
throwing it about and spending it recklessly."
A number of other letters were read, addressed to the
present witness, concerning the defendant's cousins, who
had married one of plaintiff's sister. In these he said he
was engaged to Margaretta Lewis, and he could not see
how it could affect his cousin.

The witness—l had heard rumours about my sister in
connection with the defendant. There was a report in the
neighbourhood that the marriage was broken off. My sister
was naturally affected by that. I came to London and
saw Dr. King. I reported what I heard to my sister. He
has four places, and is member for the county of Cardigan
and colonel in the militia, and keeps a pack of hounds and
gamekeepers. There are a score or more of domestics at
Nanteos. He has carriages and horses. I should think it
took £6,000 a year to keep them up.
Cross-examined by Mr. Coleridge—Defendant keeps
very good claret. I was his secretary, and paid for it. It
might have been for a year, perhaps two or three months
over. Myself and sisters were often there, but not my
mother. He is an invalid. lam not doctor enough to say
what is the nature of his illness. He has been in a chair
for some years. I don't know I ever saw him assisted in
his calls of nature. His illness occasionally lasts for weeks
and months. The colonel, Mr. and Wm. Powell, and
Margaretta Lewis were staying in London togethet. I
was 'not aware till now that they were staying alone there.
After my sister went to London I should think it was
about two weeks, but I cannot remember. To the best of
my recollection it was over 7 days. I saw the ring of my
sister's. It might be worth £5O. I saw three or four
dresses from the colonel to my sister. I suppose the
colonel bought them himself. The colonel very often buys
dresses. When my sister came home I thought that there
was a coolness between them. The defendant has one son
between 22 and 83 years of age. It is his only son. The
property is entailed upon his son, and the colonel has only
a life interest in the property.
Re-examined by Mr. Bovill—Captain and Mrs. Phelps
always stayed in Col. Powell's house, and were in fact
master and mistress.

Mr. Wm. Beauclerk Powell—l am brother-in-law of the
plaintiff, and first cousin of defendant. I went on the 29th
March to Bodminton. I came up from Shrewsbury, and
then I and my wife met Col. Powell, and Miss Lewis and
Capt. Phelps. The latter got out at Rugby. The rest of
the party went to St. George's-square.
This witness then stated that defendant had informed
him all about his intention to marry Miss Lewis, and gave
evidence as to the terms on which the partiesseemed to be.
He was cross-examined by Mr. Coleridge as to the per-
sonal habits of Colonel Powell. He could not tell whether
the whisky Col. Powell took was strong or not, because he
had never tested it. He might have a habit of drinking
whisky which possibly he might be weaned from. He did
not at first know anything about the love match. They
were modest and coy. He knew of it on the 9th of
March. He did not see it assume any tangible shape until
he was told of it. He was perfectly indifferent. There is
good hunting, shooting, and claret at Nanteos.
Dr. King was called to prove the physical condition
of the defendant.

We have great regret in announcing the prema-
ture death, in childbirth, on Tuesday last, of Mrs. 8. 0.
Beeton, the accomplished editress of the Englishwoman's
Domestic Magazine, and other useful home publications.
THE COUNT DE CHA3IBORD'S PICTURES are an-
nounced for speedy sale in Paris. The Duchess de
Berri, having become security for the debts of her husband,
Count Lucchessi-Palli, a subscription was enteredi into
last year by the ladies of the Faubourg St. Germain, which
reached 100,000 f. That sum, however, being quite inade-
quate to the demands, the Count de Chambord has released
his mother from the liability, and undertaken the payment
of the debts. Hence the sale, the announcement of which
has naturally excited great interest among the Legitimists.