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

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT:-LIVERPOOL, 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'i father, who is a calico-
printer at Marple, in this county. In the month of June,
1852, the plaintiff left her situation, and at the same
time the defendant left his father's house, and together
they proceeded to Gretna-greela, 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 awarO, some time
BMW, 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 AS ;
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 had 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.
SINGLETON V. SELKIRK.

Mr. Sergeant Wilkins and Mr. Overend appeared for
the plaintiff; and Mr. Hugh Hill, Q.C., for the defen-
dant.

This was an action brought by the plaintiff to recover
compensation for the injury he had sustained by the
seduction of his daughter by the defendant.
Hannah Singleton I am the daughter -of John
Singleton, and live with my parents at Gosforth,
in Cumberland. I am twenty-six years of age, and
have two brothers and two sisters. My father has
an estate of about 100 acres. The defendant is the
eldest son of Mr. Selkirk, who is a bacon curer and far-
mer in Cumberland, and resides near us. I first knew
defendant in September, 1851. I met him at Eskdale
fair, where I went with my brother. I saw him a fort-
night after at my father's. He said that William Her-
bert had shown him the way. After this he visited me
fre-quently. My parents saw him once. He said he
would marry me. He seduced me in December, 1851 ;
and after this, in the month of July, I told him that I was
in the family way, and he said that it could not be the
case ; afterwards I told him again, and he gave me a
bottle of stuff from the chemist's to take as medicine. I
took two bottles of the medicine. I told him that I had
taken it, and that it had not had any effect, and he got
another bottle, which he gave to me at Whitehaven ; he
took me to a shop, when he got the third bottle. I did
not take the third bottle.
His Lordship here asked if the plaintiff's counsel were
going to show that the medicine had any effect upon the
young woman ?

MI:: Sergeant Wilkins—No, my lord.
His Lordship—Then I decide that it is inadmissible as
evidence.

Examination continued—He continued his visits until
December. The last bottle was obtained in December,
and after this I never saw him again. I was delivered
of a child in January last, and was attended by a medical
man for some time. The defendant manages his father's
business. I have been poorly ever since.
Cross-examined—The defendant's father has seven
children. There was a dance at the fair when I met the
defendant. I was not known at the fair as a good
dancer. I did not go to a great many dances. I stayed
at the dance till eleven o'clock, and afterwards went
home with the defendant. The Sunday week following
he came to see me at half-past ten at night. My father
and mother were gone to bed ; he knocked at the win-
dow and I let him in. Mary Singleton, a relative, was
in the house. Whilst he was there I heard my mother
talking, and say to my father, "It's one of them Gos-
forth lads ; get up and see." After this I took him out
and lit him across a field, and he turned back, and at
the fold-gates we met my father. I bad more than one
lover before the defendant, who visited me at night and
remained some hours. The week after the defendant
came at night and stayed in the same way. I remember
the dance at Thornholme, in July, 1852. I was there
with the defendant, and we walked out into the fields.
The defendant seduced me at home long before this. I
did not write secretly to the defendant for a bottle of
medicine.

Re-examined—lt is a common thing for farmers'
daughters to go to fairs. There were four of us in the
cart when we went from the fair. He put me down about
a mile from my house. I wrote to him before he came
to see me at his request. I am not good friends with
my cousin, Mary Singleton. In one part of the county
it is common for young people to court late at night. I
have never been with any man but the defendant. He
first got the medicine in October, 1851 We had a party
at our house on the 4th of June. The defendant was
there.

s William Herbert—l live near Gosforth, and know the
plaintiff and defendant. On a Sunday, in Sept., 1851,
the defendant came to my place, and inquired if I could
direct him the way to the plaintiff's house, and I showed
him the way. In June last I was at the party at Mr.
Singleton's. The defendant was there.
Isaac Singleton—l am the plaintiff's eldest son. Since
the time my sister has been in the family way she has
been unable to assist in the farm. I know the defendant,
and recollect him being at the dance at Eskdale in Sept.,
1851, and after that I often saw him at my father's house
with my sister. He came to see her. Recollected the
party on the 4th of June. The defendant was there.
Since this action has been commenced, viz., in February
last, the defendant came and said he wished to speak
with me, and asked if I could settle the case, as he had,
some money of his own privately, and would pay it to
me. I was to see the plaintiff, and to speak to the de-
fendant upon it on the Thursday following, but I never
saw him to speak to him.

Stacy am a druggist at Whitehaven. The
bottles produced are from my shop ; the medicine is
compound decoction of aloes and compound decoction of
steel, and is called Griffith's mixture. II know the de-
fendant and the plaintiff's daughter. I have seen them
at my shop.
Mr. Hill addressed the jury for the defendant, he said
that a verdiot must be given in favour of the plaintiff,
and the only question was the amount of damages which