The Sun.
London, England, 1853-03-30 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.--LivErtrou, MARcH 29.

ALEXANDER V. SYDDALL.

This was an action for breach of promise of marriage.
The Attorney-General for the County Palatine, and
Mr. Wheeler appeared for the plaintiff ; and Mr. Ser-
geant Wilkins for the defendant.

- It appeared that the plaintiff, who is a young Scotch-
woman, of 23 years of age, in the year 1851 went into
the service of the defendant's father, who is a calico-
printer at Marple, in this county. In the month of June,
1852, the plaintiff left hey situation, and at the same
time the defendant left his fa,ther's house, and together
they proceeded to Gretna-green, which place they reached
at an early hour on the morning of the sth, and went to
the Graham Arms, which is the hotel at the Gretna sta-
tion. They had breakfast, and afterwards walked out
to the toll-bar. The defendant asked John Murray, who
is considered the high-priest of Hymen at Gretna-green,
if marrying was not done in a chapel, and Murray an-
swered that there was no chapel. The plaintiff and the
defendant then walked 300 yards further into Scotland,
and then returned to the station, and went by the train
to Carlisle. They then went to Liverpool, and lived to-
gether as man and wife at a boarding hotel in Islington.
They stayed together in Liverpool for nearly two
months, when defendant left the plaintiff, and returned
to his father's house. While they were at Liverpool,
viz., on the sth of June, the defendant wrote the follow-
ing letter to the parents of the plaintiff, who were then
living in Scotland :

" Liverpool, June 6, 1852.
" Dear Mr. and Mrs Alexander,—You will, I am sure,
be greatly surprised on receiving this letter from me,
which I wrote at your daughter Agnes's request ; but I
feel most positive that you will feel more surprised when I
tell you that Agnes is now, by her own free will and con-
sent, my lawful wife. She left her situation last Friday
morning, and we met soon after, and were fortwith united.
I cannot tell what your pleasure may be in the matter, but
I sincerely hope that neither you nor she may have the
slightest cause for complaint or regret. The difference in
our spheres in life has naturally caused some unpleasant-
ness with our family, although they are not positively ac-
quainted with the matter, but have been aware, some time
since, that there was a slight attachment betwixt us. I did
not as much as tell them I was going to be married, or that
it was not my intention to return home again when I left
the house last Friday morning. However, I purpose
writing to them in the course of a few days.
" It is my particular desire that you do not make the
matter known, as you are fully aware it might cause some
unpleasantness, for the sake of revenge, from a third
party, whom I am sorry to say you know but too well,
and who has created a good deal of uneasiness to you.
I need not mention any name, as you will perfectly
well understand whom I mean. Agnes informs me (as
was our previous arrangement) that you must expect
her home on Tuesday next, but I am sorry to say we
shall be under the necessity of disappointing you, for we
must necessarily defer visiting you until the summer is
passed. It is our intention of settling down here, and
making Liverpool our residence. In the meantime we
cannot give you any address, as we are now staying at a
private hotel, but purpose going into private lodgings to-
morrow, until we can meet with a house that will suit us ;
therefore, in the course of a few days, we will write to you
again, and give you a correct address.
" Time will not permit me-to say more to you on the
matter, but I sincerely trust that what has taken place
will be entirely to your satisfaction. Agnes shall write to
you upon getting settled, giving you our address, as I am
most anxious to hear from you as soon as I possibly can.
Agnes unites with kind love to you and the family, and
believe me ever yours most faithfully,

" J:LAWTON SYDDALL,

" N. 8.—1 do not want your daughter Eliza to know of
the affair at present. You see that lam particularly de-
sirous that everything should be kept as comfortably as
possible, and without the slightest annoyance to your-
selves."

The defendant having left, the plaintiff went to her
father, and was, in the course of time, delivered of a
child. Application was then made to the defendant to
fulfil his promise, but he refused to do so.
Mr. Sergeant Wilkins addressed the jury on behalf of
the defendant, and contended that there was no evidence
to show that the defendant had done anything with a
design to lead the plaintiff aside from the path of recti-
tude. It was clear, from the conduct of the parties,
that they bad no notion of being married when they
arrived at Gretna-green ; and there was no proof that
the defendant was the father of the plaintiff's child.
Even supposing the jury should think there was suffi-
cient evidence to establish the paternity of the child,
that had nothing to do with this case. It explained
nothing. It could not assist them in coming to a ver-
dict ; but it might, as it was intended to do, excite their
sympathies, and induce them to give a verdict of indig-
nation instead of reason. If the defendant was the father
of the plaintiff's child, she had her remedy. This action
had nothing to do with seduction. It was an action
for breach of promise of marriage, and supposing the
promise was made out to the satisfaction of the jury,
what damage had the plaintiff sustained It had not
been proved that the defendant had a fixed salary. In
all probability he was dependent upon his father for his
bread. What had she lost ? Why, who could doubt
that if such a marriage as this was realised it would be
one of the most miserable ? There was no evidence of any
promise at all. They might conjecture, they might have
their surmises and suspicions, but there was no proof, or
even presumptive evidence, of a promise of marriage ; the
presumptions were the other way ; and, so far from there
being any seduction in the case, the conduct of the young
woman showed that she was equally culpable with the
young man. Had a contract been entered into ? Had
it been broken? If so, what damages had the plaintiff
sustained ? He submitted that there had been no con-
tract, and, if no contract, there was no breach of it, and
there would be no damages at all.
His Lordship summed up, and concluded by observing
that if they were satisfied that there was a promise, and
no agreement to dissolve it, they would say what damages
a young woman, twenty-three years of age, ought to
receive from the son of her master, who had made that
promise to marry her.
The jury consulted a few minutes, and gave a verdict
for the plaintiff, damages 501.