The Sun.
London, England, 1854-08-21 00:00:00

BREACH OP PROMISE OF MARRIAGE

MARGARET WOOD V. ARTHUR TISDALL.
On Saturday a case was tried at Cork involving a
breach of promise of marriage.
The plaintiff in this case was the daughter of an
officer in the army, and the defendant a gentleman re-
siding in the west riding of the county, near Bantry.
The summons and plaint stated that the defendant en-
tered into a certain contract with the plaintiff to marry
her, but did not fulfil the contract within "a reasonable
time ; while on the part of the defendant the case ap-
pearing on the pleadings was, that the defendant did
not at any time agree to marry the plaintiff, and if he
did agree to do so, they had afterwards mutually agreed
to rescind the contract, and that, at all events, a rea-
sonable time had not elapsed for fulfilling it.
The case appeared to attract considerable attention,
as such cases usually do, and the court was consequently
very much crowded, and included amongst the audience
a number of ladies.
Mr. J. D. Fitzgerald, Q.C. (with whom was Mr.
Woodrooffe), stated the case for the plaintiff, whom he
described as a young lady of most respectable family,
and the daughter of a captain in the army ; and he said
the defendant was a gentleman aged about 35, and also
the member of a highly respectable family which had
within the last few years come to reside in the county
Cork. It would appear, as he (Mr. Fitzgerald) was
instructed, that the defendant's oldest brother, who had
been a medical man, and who died in the year 1849, had
been married to the plaintiff's sister many years ago, and
this family connection having naturally given rise to a
considerable intimacy between the other members of
both families, it was not at all extraordinary that the
defendant should become attached to the plaintiff,
and accordingly he represented to her that he was
attached to her, and wished to make her his wife,
and after the lapse of many years she consented
to his proposals, and agreed "to take him for
better or for worse." Mr. Tisdall, having procured
Miss Wood's assent to their union, commenced to
correspond with her, and wrote numerous letters, which
would he produced, in which he spoke of her in language
which could not leave any doubt upon -any one's mind
thatf they were engaged to each other; but he (Mr.
Fitzgerald) understood that it would be attempted to be
shown that the agreement for 'a marriage was a- condi-
tional one, and that it was only to take place in case
the defendant's mother, from whom he had some expec;
tation, gave her consent ; but such an absurd attempt to
get out of a solemn contract would not be listened to by
any rational jury. No doubt after Mr. Tisdall's first
proposal for this young lady, he complained that his
mother and family were opposed to the union, and she
most honourably released him from his engagement ;
but it would be found beyond all doubt, from the defen-
dant's subsequent letters, dated down to the eminence-
melt of the present year, that he renewed those propo-
sals; and a second time prevailed on her to consent to
become his wife ; and after hearing those letters read
the gentlemen he (Mr. Fitzgerald) had the honour to
address would not hesitate to find a verdict for his client,
and give her substantial damages for the gross injuries
she ;had received from the defendant. The learned gen-
tleman read a great number of letters during hisaddress,
froni which we select the following :

• - "My darling "August 11, 1853.
Margaret--I suppose you have been most
anxious to have heard from me, but we did not get to Cork
until this morning, We had no wind and had great knock,
ing about, otherwise iyou may rest assured it would have
been my first undertaking to have written to you. Oh, 'tis
I that feels the lonely one after parting you ; but please
God it will not be for a long period. We will not remain
in Cork long enough for me to have my likeness taken for
you, but will go back to Cork myself and have it done for
you—and let you lose no time in getting me your likeness
also, and I will forward the other matters as expeditiously
as possible. So, my dearest Margaret, do not be in the
least bit uneasy, for I will not lose one moment in for-
warding our undertaking as speedy as possible. Let me
hear from you by return of post, in case we may not be
here. And now no more at present from one who adores
and beloves you from his very heart.
" Believe me yours as above ; and nothing on this earth
will change me towards you frorg what I am at present
until we are married asd happy, A. R. TISDALL.
"Post Office, Passage West, Cork."
" August 13th, 1853.
My Dearest Margaret—l received your letter this day
day with the greatest delight possible. Finding that we
will be hero longer than we expected, I take the opportu-
n* of answering your letter in a horsy. I was in Cork
yesterday., and I find that the man who took the daguerreo-
type was not to be had, and now must wait till I go to
Dublin, which will be as soon as possible. So you may
gelid me your picture as soon as possible, as I would be
able to keep it more secret by getting it here than for you
to send it to Dublin, so I will be on the look-out for it
by Monday or Tuesday's post. I am glad you enjoyed
yourself so much the other evening ; you would be very
foolish if you did not enjoy yourself as long as you can.
I hope your mamma will continue to recover and be in a
full state of health for her voyage. I have no news,
my darling Margaret to tell you. Ido not go about
much, and therefore you cannot hear much. I return you
the same compliment as you have just paid to me, but in
a tenfold degree, which I think is not more than you de-
serve. In fact, I cannot say as much as I would wish to
say, unless we were side by side. My dearest, may God
bleae you and keep you in all manner of safety is the fer-
vent prayer of your fondly attached,
" A. R. TISDALL."
Some parole testimony having been added,
Mr. Deasy, Q.C. (with whom was Mr. Clarke), ad-
dressed the jury for the defence, and said he did not
mean to deny that his client proposed for, and was
anxious and willing to make the plaintiff his wife ; but
having no means of his own, or a profession, he told her
so, and told her that his marriage should depend on
his mother giving her consent, which Mrs. Tisdall
declined to do. This was the substance of the original
proposal ; and after it was made, and it was found that
Mrs. Tisdall would not consent to the marriage, Miss
Wood and the defendant agreed to break off the match,
and the young lady was actually going to America
with her mother and sister, and was only prevented by
her mother's sudden death. The defendant did not
deny that he wrote to Miss Wood, even after the match
was broken off by mutual agreement, and would have
been glad to marry her then if he had the means, but
ho had not, and his mother, who had the means at her
disposal, told him she would not leave him a farthing
if he married without her consent. So matters re-
mained up to the commencement of the present year,
when, to the defendant's great surprise, he found an
action instituted against him for not marrying a woman
who herself agreed to break off her engagement with
him. 'Counsel stated that the defendant had unfortu-
nately destroyed all the letters he received from the
plaintiff, which would have proved beyond all doubt
that the proposed treaty for a marriage was at an end
in the summer of 1853, and was never afterwards re-
newed.

His lordship having charged the jury, they found for
he plaintiff 3501. damages and 6d. costs.

SOUTHAMPTON, August 18.—The great graving dock
in this place, which during the past year has been in
process of construction upon the premises of the South-
ampton Dock Company, is fast approaching completion,
and is expected to be opened for general business the
first week in October. This important public work has,
during its progress, excited considerable attention as
being the largest dry or repairing dock in the world, and
as being capable, when finished, of taking steam-ships, if
necessary, of 5,000 to 6,000 tons' burden. The graving dock
is 430 ft. long on the blocks,Bo ft. wide at the gates,and 88
feet at the centre. The depth of water ovdr the sill will be
24 feet at high water of spring-tides and 20 feet at high
water of neaps. The pumping engines for emptying the dock
are of 100-horse power, working four pump; each, of 54
inches diameter, and it is calculated that with such a
ship as the Himalaya docked at spring tides, the dock
may be pumped dry in about three hours. The dock can
also be filled again in about half an hour, so that, in case
of necessity, a vessel might come in at the high water of
one tide, have about eight hours for examination or repair,
and go out again at the next high water. The dock is
built principally of brick work, and the method of con-
struction as compared with the stonework is very econo•
mical: The contract for the dock and engine-house was
taken by Messrs. G. Baker and Co., and that for the
engines and pumps by Messrs. Maudelay, Sons, and
Field, and the cost of the whole will be under 60,0001.
This work was commenced in May of last year, and
is now so far finished that it will be ready for opening in
October. It was principally designed by Mr. Alfred
aGni
di esi theresengineerrespect
to th ofe
materialthe S ou t 1
of a
wn
hp tcohn
itD iosc Dock Company,mpo
scomposed—
viz.,
viz brickwork with stone copings, is similar to the
smaller" dock constructed here seven years since by Mr.
Giles, and which has answered its purpose most admi-
rably. The difference in cost between a dock of this
enormous magnitude built of brick and one of granite
would be very great, and we learn that the Danish Go-
vernment are about to adopt the principle by construct.
ing a large dock at Copenhagen under the superintend-
ence of the same engineer.

WOMEN OF GREAT BRITAIN.—There are 359,969
old maids (above 40 years of age) in Great Britain.
There are 1,407,225 spinsters between 20 and 40, and
1,413,912 bachelors of the same age. In the list of
the occupations of women there are 83 authoresses,
18 editors or public writers, 643 actresses, 135 danseuses,
16 equestrians. Of the female domestics no less. than
675,311 are entered under the denomination of " general
servants." Of the higher class of servants the house-
maids are more numerous than the cooks, the former
being 55,935 and the latter only 43,806, and there are
above 50,000 " houekeepers," and nearly 40,000 nurses.
The charwomen are no less than 55,423 in nuf-eber.—
Census Report.

THE WESTERN FISHERIES. --The mackerel fishermen
on the south coast of Devonshire have been unusually
successful during the past week in their take of fish.
On Tuesday last the Dawlish and Topsham mackerel
boats, with three seines, caught upwards of 60,000 re-
markably fine fish in one haul, which were speedily dis-
posed of at prices varying from 4s. 6d. to ss. per
hundred. The pilchard fishery has also commenced
in the west, and large numbers have been caught in
Torbay, Brigham, and along the Teignmouth coast.
This kind of fish realise (wholesale) 12s. per 1,000, and
they are rapidly carried away by fishmongers from a.
distance, who purchase them eagerly for curing
large
this In Cornwall the catches have been equally large
this season.

LIVERPOOL, SUNDAY.
The British and North American royal mail
steam-ship Africa, Captain Shannon, arrived this
morning with the usual mails, 83 passengers, and
738,501 dollars in specie. Tie Africa sailed from
New York at 2.34 p.m. on the 9th inst.
The United States mail steam-ship Atlantic ar-
rived at New York on the sth, and the Arabia on
the Bth inst., from hence. The Hansa, from Bre-
men,
arrived on the 6th at New York.
The steam-ship Star of the West arrived on the
7th at New York, with dates from California to
July 15, and 663,875 dols. in specie.
Amongst the passengers, per the Africa, were
Mr. Peiscoto, the Brazilian Secretary of Legation
at Washington, lady, child, and suite.
The Senate and House of Representatives ad-
journed on the 7th until the first Monday in De-
cember, without appropriating the seven millions
of dollars asked for by President Pierce to operate
with Spain about Cuba.
Under the head or " Mr. Borland's Draft Pro-
tested," the New York Herald says :
When Mr. Borland made his demonstration in San
Juan he organised a force of returning Californians "to
protect," as he said, the property of the Transit Com-
pany. Mr. Fabens, the commercial agent, borrowed
money of the people of San Juan to pay those men. Of
Mr. Wood, one of the Americans whose property was
destroyed by Hollins, he borrowed 1,000 dollars, giving
a draft on the government of Washington for the amount.
This draft was presented yesterday, and protested, the
Government refusing to pay. Between American, Eng-
ish, French, and Nicaraguan claims, the brilliant exploit
at San Juan is likely to cost the country some millions.
The French Minister, it is said, has made a claim of
some 600,000 dols. on behalf of French subjects.
A despatch from New Orleans, dated August 5,
says :

A destructive fire broke out here at noon to-day, in
Tchoupitoulas-street, and spread with great rapidity to
Foucher, Lafayette, and Magazine-streets, destroying
many stores and a large quantity of provisions and naval
stores. The principal sufferers are Messrs. Converse
and Co., W. S. Wright, E. J. Hart, and others. Their
losses are mostly covered by insurance. The total loss
is estimated at 1,000,000 dohs.
A' destructive fire occurred at San Francisco on
the morning of the 11th of July. About sixty-five
houses were destroyed, and the loss is estimated
at, a ut 225,000 dols. The whole tract burned,
over was built of wood on piles. The tide was out
at the time, and the fact that the water being
about twelve feet below the street,i?.nd very shal-
low, prevented the firemen from extinguishing the
fire sooner.

The town of Columbia, in Toulmine county, was
burned down on the morning of the 11th July.
The loss is estimated at 500,000 dols. The town
of Minesota, in Nevada county, was burned down,
excepting three houses, on the Bth July. Loss
estimated at 52,003 dols. Fourteen hundred acres
of wheat were burned in Suisun and Vaca valleys
ofis the 7th July. Four hundred acres of wheat
were burned at San Bernardino on the 28t11. June.
Twelve buildings in Sonora were burned in a con-
flagration on the night of the 3d July.
The low prices of farming produce in California
press severely on the tillers of the soil, particularly
those who have had a number of hired servants.
The editor of the California Farmer says that
millions of bushels of potatoes will rot in Califor-
nia this year for want of consumers.
The inhabitants of San Juan (Greytown) have
commenced rebuilding their town, but 'most of the
iufluential men have left for other places.
The Cyane left Greytown on the 18th ult. for
Pehsacola, via Navy Bay. New York papers say
that immediately after her departure Commander
Jolley, of the British brig Bermuda, proclaimed
the town under martial law, and established a
blockade of the port. The English ship of war
Espiegle holds Punta Arenas, and her commander
says the Point is a part of San Juan, and he will
hold it as security until something can be arranged
between the two Governments.
The following are the proclamations said to have
been issued by Lieut. Jolly :

PROCLAMATION.-(COPY.)
In consequence of the non-existence of all civil autho-
rity in this city of Greytown (caused by the late out-
fl ra e), I being charged, as fax as my power extends,
iwi the protection of lives and property, do hereby pro-
cla n the city and territory of Greytown, as described
bytits constitution, under " martial law."
qeven under my hand on board her Majesty's schooner
Bermuda, at Greytown, Mosquito, this 18th day of July,
1853.

A. D. JOLLY, Lieutenant and Commander.
PROCLAMATION. —(COPY.
It having been brought to my notice that in eonse-
quince of the late cruel outrage committed by the United
States ship Cyane, that many depredations and thefts
have been committed on the property necessarily left
unguarded, I hereby proclaim that any person brought
before me with sufficient proof of having committed such
thefts or depredations, shall be severely flogged an
board her Britannic Majesty's ship Bermuda, under my
command.
Given on hoard her Britannic Majesty's ship Bermuda
at Greytown, this 18th day of July 1854.
A. D. JOLLY, Lieutenant Commanding.
The San Francisco Herald, in noting the falling
off in the shipments of gold dust for the first six
months of the year as compared with the corres-
ponding period last year amounting to 4,263,971
dols. less, remarks :
Our mines have unquestionably yielded more abun-
dantly the present year than last, and this diminution
in the shipment of gold must result from some other
cause than a falling off in the reduction of the precious
metal. A variety of causes have operated to diminish
the exports. We have imported less front abroad paid
much lower prices than ever before, and the consequence
is, have less to send out of the country to pay our debts.
Leaving out of view the sums transmitted by residents
in California for the support of their families and friends
at the East, it is evident that our citizens would only
send abroad such an amount of gold as would pay for
what they itnpert. If they imported nothing, they
would export no gold, although the mines might be
yielding infinitely better than ever. The shipments of
gold dust, therefore, must not be taken as an unvarying
criterion of the product of the mines. We have now a
mint of our own in constant operation, and by means
of its agency the surplus of gold dust over and above the
amount required for export, being converted into coin,
and added to the circulation of the state. We find,
therefore, the falling off in the shipments of gold, an
evidence of our prosperity rather than an indication, as
several of the journals at the East are disposed to regard
it, of the exhaustion of our gold fields.

COMMERCIAL INTELLIGENCE.
NEW YORE, AUGUST 9.

The stock and money markets are depressed more
than at any period during the last eighteen months.
There is great difficulty in negotiating any other than
first class paper outside the banks.
Foreign exchange is firm, and the transactions in ster-
liny bills have been large. London, 109i7, to 1091 ;
Paris, 5-121 to 5-131 ; Amsterdam, 414 to 41k.
COTTON.—The market throughout the week was
steady, the only variation in price being in grades above
middling, which, owing to their scarcity, closed !c. to
c. advance. The Atlantic's advices of 25th ult. came
to hand on the evening of the sth, and we have no
change to note in the tone of the market since their re•
ceipt ; sellers continue to realise only when they can
obtain full prices, equal to an advance of fully id. to ;d.
on the current prices in Liverpool.

STRICT CLASSIFICATION, ASSIMILATING TO THAT OF

LIVERPOOL.

Upland. Flo. and Mobile. N.O. and Tex.
Low ordinary 71c 7ic 8c
.i
Ordinary . 8 84 8}
Good ordinary B4 84 9
Low middling 91 91 9f
10 10i
1.12 q to 101 11
i‘odpiddliyldlo9l to 10. evenn
fair and fair qualities are too limited in
Flour was doing better. Inferior to choice states,
supply to
_uote.
6 dols. 50c. to 7 dols. 75c.; mixed to fancy Western at
7 dols. 25c. to 9 dols.; Canadian (free), 9 dols. 500.
Wheat was moderately active. The day's sales included
a lot of new Genessee white at 2 dols. 50c. 500 bushels
Long Island red at 1 dol. 70c.; 1,800 Southern ditto on
private terms ; a parcel of Upper Lake at 1 'dol. 580.;
and 4,800 bushels common Canadian white, in bond, at
1 dol. 50c.
There is so little freight offering for Europe at pre-
sent that rates must be considered nominal. We quote
—To Liverpool: Cotton, square bales, per lb., id.;
flour, per barrel, 9d. To London : Flour, per barrel,
ls. 3d. to ls. Gd.

RETURNING OFFICERS.—By a late act of Parliament
(17 and 18 Vic., cap. 57)) in election matters, the sheriff
is to be the returning officer in boroughs, where the officio
of returning officer shall be vacant.
ABD-EL-KADER.—A letter from Broussa, 26th ult., in
the Moniteur, says :—" The Emir Abd-el-Bader shows
great anxiety to be acquainted with everything connected
with the Eastern question, and takes great pleasure in
reading in the journals of Europe and of Constantinople
all that is written on this subject. He also follows
up on the map all the movements of the allied
armies and of the Russians from the commencement
of hostilities. The Emir loudly extols the Emperor
Napoleon for the support he has given to the Sultan
euntkeodhf
and to the great nation of Islamism, and feels
convinced that the means at the disposal of France
and England will be more than sufficient to reduce
the ambition of Russia to reason.
ecDxopensrvieresorsuseasdtiooafnweweisehhiinctog
tranquillity and happiness succeed the misfortunes which
now afflict Turkey, he has confidence in the enlightened
and kind intentions which animate the Government
the Emperor. About a month ago the Belgianri\elrt reports o Ministerf war,
Atbaoet
bo Constantinople
_roceis.lseiatfc
taenedtdedi nrutoiropfi:3l. etignhbehet
iihsnegvmi as Emir.iti
td ,Bs
trtioloinuef sttsahale,lei
Belgian
al
en .
his heart did not beat to take part in it for the cause
of the Sultan ; to which the Emiurari
nepteldedw'ith the E.
desiresaeci nothing ;:cleYpthietartbe
of its benefactor."'
ps leereuprs
Napoleon,in sincepeace
and Ii t becameuuv:
the continuation of the glory

% k

•
•
•

THEATRE ROYAL HAYMARKET.
' Under the management of Mr. Rackstone.
THIS EVENDTG, AUGUST 21.
pm be performed THE OLD CHATEAU. Characters by Messrand
s.
Howe. Rogers, H. Marston, and Bnckstone; Mrs. Fitzwilliam,
Miss Reynolds.
Followed by the SPANISH DANCERS in a NEW BALLET
THE GIPSY QUEEN'.
The new Farce AS LIKE AS TWO PEAS.

LYCEUM THEATRE.
Mr. and Mrs. SIMS REEVES' FAREWELL PERFORMANCES.
Mr. ALLCROFT begs to announce that he has entered into an
Engagement with Mr• and Mrs• SIMS REEVES for Two Fare-
well Performances previous to their departure from Londoa for the
Pawn.

THIS EVENING, AIIGIIST 21,
(By special desire, and for One Night only)
Will be presented LUCIA DI LAMMERMOOR. Edgar, Mr.
Sims Reeves ; Douglas Ashton, Mr. Weiss; Lucia, Mrs. Sims Reeves.
On WEDNESDAY NEXT, August 23, on account of its great
recces..Balfe's popular Opera of 'tHE BOHEMIAN GIRL.
o conclude with each Evening thed Ballet entitled
isted
LES
PAYiANNES DII NORD, supported by Gale. D'Antoine, ass
by Mdlles E. Horn, Marttn, Buffton, Marie, Charles, and an effi-
cient Corps de Ballet.
Boxes, 5s ; Ptt, 2s. 61. ; Gallery, 7s. Private Boxes, 215., to be
had at the Box-office.

STRAND THEATRE.
S le Lessee Mr. F. W. Allcroft.
THIS EVENDTG, AUGUST 21,
Will be performed HARD TIMES.
"Mks H. Gordon'
Followed by FAUST AND MARGUERITE. Mephistopheles
Mr. Halford; Faust, Miss G. Hodson Marguerite,
TO conclude with BOMBASTES FURIOSO.
Stalls, 44.; Boxes, 23. 6d.; Pit, 13.; Gallery, 6d.; Private Box
Is. to be had of blr..AUcroft. lb. New Bond-street.