The Sun.
London, England, 1854-03-20 00:00:00

ASBI2E-INTELLIGENCE.

WESTERN CIRCUIT—Ex ETER, MARCH 16.
(Before Mr. Justice Erie.)
SEDUCTION AND BREACH OF PROMISE OF MARRIAGE.

WHITE V. WILLS.

Mr. Crowder, Q.C., and Mr. Bird appeei.ed for the plain-
tiff, and Mr. Collier for the defendant. -
Mr. Crowder, in stating the case, observed that it was an
action to obtain damages for the breach of an engagement
made by the defendant to marry the plaintiff.
He had to
present a truly melancholy case, in which a respectable, but
over-confiding girl had been utterly ruined,. and her worldly
prospects blighted by the cruelty, the perfidy, and selfishness
of an artless and unprincipled man. The plaintiff Maria White,
was a young woman of humble birth. She was the daughter of .
a bind to a Mr. Pope, living in the neighbourhood of Ricking-
ton, Devonshire. When she was two or three years old she was
taken by her aunt, Mrs. Manley, the wife of a Master in the
Royal Navy, who educated her, and, with whom she resided.
up to the time of her becoming acquainted with the defen-
dant. In 1849 Mrs. Manley was living at Denbury, and
it was then that the defendant, Mr. John Wills, a fanner re-
siding at Bickingtou, near Ashburton, first became ac-
quainted with her. He was, from that time, a constant
visitor at the house of the girl's aunt, and was paying con-
siderable attention to the plaintiff, evidently with the inten-
tion of ultimately marrying her. Mrs. Manley ascertained in
1850 that the defendant had made some improper overtures
to her niece, and she forbade him the house. In May, 1852.
however, Mrs. Manley went to lodge in the house of Mr. Ford,
in' the same neighbourhood, and as that gentleman was
intimately acquainted with the defendant, Mr. Wills,
the latter visited him, and thus the intimacy between him
and the plaintiff was renewed, and he was permitted to visit
her there, Mrs. Manley believing that he would act honourably
towards her. Plaintiff and defendant were often left alone
together; and on one occasion, in September of the same
year, Mrs. Manley entered the room, and found her niece iu
tears. On questioning her, Mrs. Manley ascertained that.
Wills had promised her marriage, and had disappointed her.
He then repeated the promise in Mrs. Manley's presence, and
fixed the following month (October) for the wedding. The
wedding dresses were prepared, the defendant personally su-
perintended their shape and fashion ; but, after a few days,
he found as an excuse that his mother would not be agreeable
for him to bring a wife home; at the same time arranging
that the marriage should be celebrated in the coming month
of November. He again made an excuse that the plaintiff;
who was staying at Tor, was too ill to marry, which was false.
Mrs. Manley spoke to him on the subject, and he then fixed
the next week, and, in a day or two, he said he had obtained
the license ; but, before the (lay arrived he again disappointed
her, About Nov. 15, he called to see the plaintiff, and when
Mrs. Manley went into the room, she found her much agitated
and crying. It then appeared that, relying upon the con-
tinual promises of the defendant, that he would make her
wife, she had fallen a victim to him and had been seduced,
and at that time there were indications of her pregnancy.
On that occasion the plaintiff, in defendant's pre-
sence, told her aunt that he hail been endeavouring to induce
her to go to a doctor and take stuff to get rid of the child,
upon which defendant put his band on the plaintiff's mouth,
and said, " You need not tell hor all I have told you ;" but
he did not deny having given that abominable advice. It.
was again urged upon defendant that he should fulfil his pro-
mise of marriage, and Mrs. Manley's cousin spoke to him on
the subject ; his answer was, " Nobody said I am not going
to perform my promise ; I tell you I'll make it all right."
Up to that period he had held out hopes that he would marry
the plaintiff before any event should occur, such as the birth
of a child. lie (Mr. Crowder) was instructed that there was
no pretence for the plea which defendant had set up, that he
had never promised to marry the plaintiff.
The learned Counsel put in the following sitigular lettors,
which were read to the Court

" uswick 'square , Tor, Dec. 3, 1853.
"My dear Sir,—l have been anxioumly waiting for a Fne
from you, but like everything else concerning you, I am ever
doomed to ills:appointment ;. you Inc you would
Marry mc, and cleeelyert Me; you prOMi:ie,l you woul4l write
to me, and have deceived inc ; and I firmly believe you pro-
filist; me everything'ouly to deceive-411y is it you are
treating are thus—you appear to take a peculiar pleasure
in tormenting me, harrassiug and terrifying nit: scents to
be your delight. I multi wish you had selected some
Other object for your diversion—you pretend to like me„
but your conduct proves you Lobe equally false and 41eit-
ful in that; as in all else. Von know how only the s,.:ratch of
a pen from you would. have pleased are, yet you would not
afford me even that small gratification. I did not ask you to
marry me, nor shoUld I have asked you to write to me,-but
when you propose these things I certainly expect you will
perform them. I should have been glad to know if you were
better, and it would have been kiwi in you to have written
mc. I was very unwell when I saw you last. and I have beets
much worse since. I have got so weak with fretting, and
your hurrying me so, that the motion of the train only the
short distance from Newton to Torquay last Thursday, quite
upset me, and I have been very had ever since ; you have
quite ruined my character, health, happiness, and all besides„
and now you are cruelly trifling with nay affections, and
wounding my feelings with your base insinuations, yot 1 could
forgive it all, if you would only act right. Hourly expecting
a letter from you, " I remain, yours truly,
"Mr. Wills, Harebeer, Bickingtou." MARIA WDITE.
DEFENDANT'S ANSWER.

" Haytor Vale, Dec. 7, 1853.
" Dear Girl,—,According to promise, I have written you to
say I have been very ill since I saw you last ; I have been so
ill I have been obliged to send for the doctor in the middle of
the night. I suppose you thought 1 had forgotten you, but I.
can assure you I have been so ill, I have not been able to
write, nor nothing else—so I came here yesterday for the
change of air for a fortnight, so if you write to me, direct to
Mr. Semi. Raily, Haytor Vale.

" I hope the change of air for a fortnight will do me good
—'tis not likely I shall he able to come to Tor for a fortnight
from this time, if I do in that time, so I Lope in that time I
shall hear from you. I hope when I write I shall be stronger
to write, and something more to say from—Yours truly,
" Toutozzr„
"Mrs, White, No. 5, Brunswick-square, Tor,
Torquay, Devon."
PLAINTIFF'S REPLY.
-

" 5, Brunswick-square' 17th December, 1853.
" My dear Mr. received your note, dated the 7th.
front Haytor Vale, and am very sorry to hear you have been
so ill. I.trustby this time you are nearly recovered, and that.
I shall have the pleasure of seeing you soon. I think it would
have been better for you to have remained at home, and
nursed yourself, than to have gone to such a cold place "
Haytor Vale at this time of the year. I was very much dis-
tressed on hearing how ill you had been. I should have oil.
nearly wild had I known it at the time. My dear sir' Did it.
not occur to your mind what a wretched state you would have
left me in had anything serious happened. to you 7 What I inti-
mated to you a little time since is I fear the ease. You told me then,you would marry me in a mouth or six weeks ; and, as a.
month of that time has elapsed. I hope you will shortly ma-
nage to set my heart at rest by fulfilling Your Premise' I
cannot fancy you will be so cruel as to leave me now, after
all that has passed between us. I feel sure you will, not alloys
The to bring Your child into the world a bastard. I cannot en-
dure the thought of it. My dear Mr. Wills, if you have any
regard left for me, or any right feeling or principle
,within
you, I entreat you toepare me this mortification and disgrace,
for your own sake as well as mine. 1 wish very much to sea
you, and hope you will come as soon as your health will permit,
If you can't come, I must go to see you ; for I am truly
miserable. Do write and let know all. I was very much
bud at the cool style yell finished your note; something mar.
affectionate than yours, ke-, ought to have concluded one to.
me; that is only the manner of writing to a stranger; and the
idea of writing to a girl you have promised to marry, and not
to sign your name; is still worse—it does not look honourable.
I feel quite insulted that you do not think me worth telling:
your name to. Do ‘vrile soon, and say when you arc coining
that I may be here to receive you. " Yours ever,
Mr. • Wills, Ifarebeer, Bickingtou.i,
MART 'W;iirx.
Mary Ann Manley, the plaintiff's aunt, and Mr. Ford WO
evidence which fully bore out the statement 'of the learned
counsel ; and Mr. U. W. dolly, surgeon, of Torquay, proved.
that he examined the plaintiffabout • db.
month SHIM, an
found she was ht the family way.
Mr. Bickford, a farmer, living. near BickinAon, proved.
that the defendant,,Mr. lived his
own 'eetate, which
was worth 2001. a-year,
Mr. Collier then addressed fl of
jury in mituzu
da-
mages. He said he had never yet heard of a woman breaking:
her heart for a man 26 years older than herself• in the pre-
sent case, the young lady, of whom he would say nothing in
di -
paragement, Was 24 ; but who was the man who was supposed
to be the object of her devoted altaehment He was a man of
50, asthmatic and bald-headed. and altogether about the last
person in the world who could be an object of attraction to a.
young female. (laughter.) It was true, that a man at that.
age was only arrived at maturity in his mental and physica3
capacities : but he (Mr. Collier) owl l assure the jury, with-
, out intending the least disrespect, that any man who had
passed 45 was not an objet rif vary great attraction for the
female sex. (Much laughter.) Ile considered that the
plaintiff and her aunt had conducted their courtship with
the defendant in the most lawyer-like business way he bad
ever heard of. It was conducted throughout by legal advice,
and he had certainly never yet known a young lady who was
recklessly in love, and Who died of a broken heart, who took
every step according to the suggestions of as lawyer. (A laugh.)
If the defendant c,Aild have been examined, he believed the
ease would have haul a very different aspect. Mr. Wills dis-
tinctly denied, through him, that he had asked the plaintitr
to take any medicine, or that he had seduced her. Being un-.
able to call him, he (Mr. Collier) believed that a verdict must
pass against. his client, and the question was, therefore, only
one as to the amount of damages. The estate on which de-
fendant lived was only rated at lOC a year, and when at wan
left to him his father directed that he should suppoe,
mother out of it, besides paying several legacies, amourrtlua
to nearly 9001. His means were consequently small, and 1s
urged the jury to. consider these circumstances in giving their.
verdict.

His Lordship briefly summed up, and the jury returned a
verdict for the phiatiff—Dmagee, 40C.