The Sun.
London, England, 1862-09-15 00:00:00

THOMAS v. SHIRLEY--THE AWARD.

This remarkable case has advanced another stage,
the arbitrator having, after a very lengthened de-
liberation, made his award. It will be remembered
that in the month of May, 1861, Miss Annie
Thomas advertised for a situation as housekeeper
to a gentleman, and General Arthur Shirley, of
Brookside Lodge, Rugby, answered the advertise-
ment, subsequently had an interview with her, and
offered her in his establishment such a position as
she had desired to obtain. On the following day
he induced her to visit Kirkman's music shop, in
Oxford-street, with him, to select a piano, and after
a lengthened interview he proposed marriage to
her. The young lady took time to consider, and
eventually accepted the General's offer. On a
subsequent day, a Saturday, he invited her, as she
stated, to dine with him at Blackwall, and on the
plea that it was necessary for him to go to South-
end on business, he took her to that place instead.
Having delayed their return till it was too late for
any available train, he induced her to remain with
him as his wife until Monday morning. She then
went with the general to Brookside, and from
thence to Ireland, on his repeated assurances that
he would marry her there. After their return to
Rugby, in February, 1862, when she was within a
month of her confinmement, she discovered that the
general was a married man, separated from his
wife under a formal deed. She immediately left
him, and took lodgings in London, where she gave
birth to a daughter, which was baptised by the
name of Annie Rosalie Shirley. She afterwards
commenced an action against the general for breach
of promise of marriage, which was tried at Lewes
at the last assizes, and resulted in a verdict for the
defendant. She also brought another action against
him to recover the amount she had expended dur-
ing her confinement and in the subsequent rearing of
the child, as well as for the support of herself from
the time she left Rugby. This second action was,
at the suggestion of the learned judge who tried the
first case, referred to Mr. Wm. Patchett, of the
Home Circuit, and the hearing before that learned
gentlemen occupied several hours on the 19th and
20th ult.

Mr. Pawle, the solicitor for General Shirley,
argued that his client could not be responsible for
any such sums as Miss Thomas had not paid abso-
lutely, although she had rendered herself liable for
them at law.

The result of the award is simply that the plain-
tiff is recouped the money she is out of pocket for
things absolutely paid for her under Gen. Shirley's
authority up to the 30th June, the day on which
the action was brought, and leaves open to further
litigation any claim she may prefer for the support
of her child since that period. It is stated that a
motion for a new trial in the breach of promise case
will be made next term.

The following is a verbatim copy of the award :
"To all to whom these presents shall come, I,
William Patchett, of No. 2, Paper-buildings, Tem-
ple, Esquire, send greeting—Whereas an action
having been commenced in her Majesty's Court of
Queen's Bench, in which Annie Thomas was the
plaintiff and Arthur Shirley was the defendant, it
was on the 16th day of August now last past, by
an order made in the said action by the Hon. Mr.
Justice Willes, by the consent of the said parties,
by their counsel, ordered that the record in the said
action should be withdrawn, and that the cause
should be referred to the award, order, arbitrament,
final end and determination of me, the said Wm.
Patchett,so as I should make and publish myaward in
writing, of and concerning the matters referred,
ready to be delivered to the said parties in diffe-
rence, or such of them as should require the same,
on or before the 13th day of September then next
ensuing, or on or before such further or ulterior
day as I should from time to time appoint and
signify under my hand to be endorsed on the said
order. And by the like consent it was further
ordered that the said parties should in all things
abideby, perform, fulfil, and keep such award, so to
be made as aforesaid, and that the costs of the said
cause should abide the event of the said award, and
that the costs of the said reference and award
should be in my discretion. And by the like con-
sent it was further ordered that I should have
power to direct judgment to be entered up and
execution to issue in such way as I might think fit.
And I, the said William Patchett, having taken
upon myself the burden of the said reference, and
having heard the said parties, and duly weighed
and considered the evidence adduced before me, and
all matters to be considered by me, do make and
publish this my award of and concerning the
matters so referred to me as aforesaid, and of and
concerning the premises, that is to say, I find and
award that at the commencement of the said action
the defendant was indebted to the plaintiff for
money paid by the plaintiff for the defendant, at
his request, in the sum of £45 6s. 6d., and I order
and direct that judgment may be entered up by
the plaintiff against the defendant for the said sum
of £45 6s. 6d , and that execution may issue against
the defendant in respect of the said judgment at the
expiration of 14 days from the entering up of such
judgment, unless the said judgment be in the mean-
time satisfied, and I award and direct that the plain-
tiff and the defendant do each bear his and her own
costs of the reference, and that the defendant do pay
the costs of this my award, and that if either party
pay any costs hereby ordered to be paid by the
other, then that the other I orthwith repay the amount
of the said costs so paid by the said party ; and
lastly, I find that the plaintiff had at the time of the
commencement of the said action no other demand,
claim, or cause of action upon or against the de-
fendant in respect of the matters referred to me as
aforesaid, than the matters aforesaid by me awarded