The Sun.
London, England, 1853-11-25 00:00:00

THE SUN, LONDON, FRIDAY EVENIN:G, NOVEMBER 25, 1853.

on Tuesday last. The conduct of the " long-shore"
men, in Common-hall, he particularly adverted to. He
said he spoke the sentiments of many thousands of his
fellow-citizens, who joined with him in believing a. most
extensive change to be necessary in the constitution of
the Corporation of the city of London.
Mr. W. S. Masterman solicitor, of Clifford's Inn, next
appeared. He complained of the inefficiency of the
Court of Common Council, as evidenced in the instance
of the opening of the Lord Mayor's Court. The Common
Council some time since, passed a resolution to the effect,
that the Lord Mayor's Court should be thrown open to
solicitors ; but he had made application to practise, and
had been informed that if he did so, an action would be
commenced against him. Not being inclined to do so, he
thought the best way for him to proceed, under the cir-
cumstances, would be to name the matter to the Commis-
sioners, as they were then sitting. To the constitution of
the Mayor's Court he objected; its operation was very arbi-
trary. With reference to the qualification of a party to
vote for an alderman or a common councilman, it was
not only necessary for the party to be a freeman of the
City, but he must also be on the parliamentary roll.
This he thought to be a great hardship. He had men-
tioned the matter to one of the members of Court, and
that gentleman said he believed it would be rectified.
As to the office of secondary, at the last election he
(witness) was a candidate for the office when Mr. James
died, but the gift was in the hands of the Common
Council, and although Mr. Cotterell, who was then
sheriff, promised him the situation, he was not able to
obtain it. He thought the appointment should not be
placed in the hands of the Common Council, but that
such places should be disposed of under the authority of
an act of Parliament.

LAW IN TELLIGENCE—Nov. 24

course, that even before the parish put this additional
4001. on the rateable value, the committee had been
paying greatly over the actual value.
Mr. Edwin Forster was then called. He stated that
he was an auctioneer, in Pall-mall, and had been a valuer
of houses for upwards of forty years. He had been over
the Conservative Club for the purpose of valuing it. He
did not think that the superb decorations added to the
letable value of the building, supposing it was without a
tenant ; and supposing it empty and in the market, and
that the proprietor applied to him for advice, he should
say to him, "If you can get a good tenant at ,1,000/. a
year, do not refuse him." If it was given up as a club-
house, it might perhaps do for a casino ; but he should
not consider that a respectable tenancy, although the
rent might be higher. Mr. Forster then mentioned
several large house properties, in the sale or letting of
which he had been professionally engaged, and it was
from knowledge thus gained that he based his opinion
on this club-house.

SHERIFF'S COURT.

(Before James Burehell, Esq., Deputy Under-Sheriff.)

3IAPLESON V. MOLE.-BREACH OF PROMISE.

This was a writ of inquiry for the assessment of
damages in an action brought in one of the superior courts
to recover compensation for the breach of a marriage
contract entered into by the defendant with the plain-
tiff. Judgment had been suffered to go by default, by
which the defendant admitted that he had made the
promise and did not perform it. The damages were
laid at 2001.

Mr. Charnock appeared for the plaintiff, Mr. Parry on
behalf of the defendant.

The learned counsel, in opening the case, said the
plaintiff, Fanny Mapleson, a young woman under age,
sued through Sarah Mapleson, as her next friend, to re-
cover damages for a breach of promise of marriage.
The parties were in a humble sphere of life—the plain-
tiff being a domestic servant, and the defendant managed
a stationery business for his father, in Great Russell-
street, Bloomsbury ; he was about 26 years of age, and
therefore was fully responsible for the engagement he
had made with the plaintiff. In 1851, the plaintiff was
in the service of a gentleman named Collins, in Bedford-
square, where her mother was engaged as cook, and the
defendant having become acquainted with her, he, with
the sanction of the mistress of the house and her mother,
regularly visited her, paid her all the attentions of a
suitor, and professed the most honourable intentions.
At his suggestion she left Mr. Collins's service, and
entered that of a gentleman named Knight, in Charter-
house-square, where the visiting was continued, but a little
quarrel took place between them, the defendant being jea-
lous about some young man in the house, and divers little
presents which they had received from each other were
returned, and the plaintiff left her situation. This of
course was communicated to her mother by the plain-
tiff ; and subsequently on her meeting the defen-
dant in the street, he appeared very anxious to
know where he could find the plaintiff, but the mother
refused to tell him anything beyond the fact that she
was in a good place and was quite independent of him.
The defendant by some means (which did not transpire)
found that she was in a situation in Eaton Villas, Ha-
verstock-hill, and, after a little correspondence their
friendship was renewed, and, the plaintiff having left
her situation, went to reside at the house of a Mrs.
Spinks, where he continued his visits and objected to
her going into service again, and proposed marriage. It
was arranged that the wedding should take place on
Michaelmas-day ; clothes, suitable for the occasion were
provided ; the banns, by the direction of the defendant,
were put at St. Pancras church ; the ring was bought,
and a dinner for the occasion ordered ; and a brougham,
to take the wedding party on a short rural excursion,
was bespoke ; but all to no purpose. The defendant had
a sister named Mrs. Jackson, and she, the defendant, a
Mrs. Wilson, and one or two others who took an inte-
rest in the match, had some conversation on the subject
on the 28th, and then Mrs. Jackson did all she could to
induce her brother to abandon the affair, at least for the
present, but he decided then to the contrary, and said
the marriage should take place. Mrs. Jackson urged his
utter want of means, as the reason why he should not
then enter the matrimonial condition ; still he persisted,
but, at a later period of the day, a letter was handed
to Mrs. Wilson for the plaintiff in which he totally
broke off the engagement. That letter was afterwards
burnt, but the contents were to the following effect :
" Fanny—l have taken the subject into consideration,
and I find that my parents will not consent to the union,
and I have given up all thoughts of performing my pro-
mise to-morrow, and would think no more about it, and
I hope that you will think no more about it. I am no
more never yours for ever, William Mole." (Loud
laughter.) The result of this was that the plaintiff had
a violent fit, and had since continued subject to them,
although she had had excellent health until this un-
toward circumstance. The next morning, the mother,
not knowing what had occurred, went to the church, as
she had been invited, but finding that the party did not
arrive, she hurried off to Spinks's, and there ascertained
the state of things. The defendant's father was in a
situation in the Cuurt of Common Pleas, as well as a
stationer, and it had been said that the defendant had
some expectations from an uncle who had been servant
to the late Chief Justice Tyndal. A lawyer's letter was
sent to the defendant demanding reparation for his
breach of the engagement, but it was treated with silence.
Hence these proceedings.
The plaintiff's mother was the first witness called.
She bore out the above statement of facts so far as they
related to her. She was the widow of a hackney coach
proprietor, and was left twelve years ago with six children
to maintain. She always thought the plaintiff and de-
fendant were much attached to each other, and that the
defendant was a very respectable young man. She met
him on one occasion in Tottenham-court-road, and asked
him if he was well aware of what he was about, and
whether he was doing right ? When he said he could
keep a wife comfortable, that his parents did not know
what he was about to do, and that if they refused to re-
ceive his wife, he could himself provide a home for her.
On another occasion, after the rupture, he said it was
all his mother's doing, as she told him that if he married
then, she would never look upon him again. Witness
considered him a weak minded young man after this.
(A. laugh.)
Mrs. Spinks and Mrs. Wilson gave evidence. It ap-
peared that after the plaintiff got the note breaking the
engagement, she expressed a wish that Mrs. Wilson
(who said she had always taken a warm, friendly inte-
rest in her behalf), might have all the curses of hell fall
upon her head, and that she and Mrs. Jackson were
two faced b—h's, whom she would make repent of what
' had occurred. Mr. Wilson was to have acted as father
' at the wedding, but lie had since died. The plaintiff's
mother attributed this to his taking the defendant's
conduct so much to heart. (A laugh.)
Evidence of the fits having been given,
Mr. Parry addressed the jury. He thought this an
ill-advised proceeding, as they might as well have
brought an action against a union house pauper, for not
one farthing c uld they ever get from the defendant,
who had no means of his own whatever. That there

After this evidence had been given, the counsel engaged
in the case had a short consultation, which being con-
cluded.

Mr. Pashley said he was happy to inform the court
that they bad agreed to an arrangement, which would
relieve it from any further trouble in reference to the case
before it, or with regard to the cases of the Athenmum
and Senior United Service Clubs, which stood in the
list. He would wish to mention how it was that the
fresh valuation had been made. The Army and Navy
Ciub had been recently built, and was rated at a sum to
which they objected, as being too high in comparison
with the other clubs. All the property of this descrip-
tion was then re-valued, and the result was a reduction
of the Army and Navy and an increase in that of the
others, and this had led to these appeals.
It was then arranged that the net rateable value of the
Conservative Club should be fixed at 2,7301., of the
Athenaeum at 1,7201., and the Senior United Service at
2,2401.

At this stage of the proceedings the Commissioners
suspended their inquiries.—Adjourned.

.REDDOTION OF THE DUTY ON IRON

IN FRANCE.

(From the Times.)

The full particulars of the modifications in the
French tariff received to-day enable the following
explanation to be given :—Coal formerly paid a duty
of 4s. 7d. a ton, when imported by sea from Dun-
kirk to Sables d'Olonne, in the department of
Vendee. This is now reduced to 2s. 9d. The for-
mer duties of 2s. 9d. a ton when imported between
Sables d'Olonne and Bayonne, and ls. 4-id. when
imported by the Mediterranean ports, have been
consolidated at the lower charge. The duties on
importation by land, varying from is. 412 d. to
Is. 042 d. per ton, have been retained. Coke formerly
paid twice the duty on coal ; now it only pays one-
half more than the reduced duty. These are the
duties by French ships. By foreign ships they are
higher ; but, as English ships employed in the trade
between France and England have been since 1826
assimilated to national ships, the distinction is of
no practical importance to this country. This being
the case generally, it will only be necessary, as
regards iron, to place the former duties in com-
parison with those now to be paid on importation
by French vessels, English vessels being in the same
category :

had been a promise and a breach of it could not be

denied, but the plaintiff should have adopted Mrs.
Jackson's entreaties and allowed the marriage to stand
over until the defendant was in possession of means to

keep a wife. These actions were often brought to
obtain redress for a great wrong, but what wrong had

this plaintiff sustained ? It wasfar from impossible that
if the jury gave nominal damages, the marriage might
yet take place, if these young folks were so very fond of
each other—it was only a postponement which was at
first proposed, not a final refusal, and had that proposal
been accepted the marriage by this time might have
taken place. Ile commented on ail the facts and asked
the jury to give the smallest damages.
The jury assessed the amount at 251.