The Sun.
London, England, 1849-06-13 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, June 12.
(Sittings in Banco.)

WILD v. HARRIS.-BREACH OF PROMISE OF MARRIAGE

BY A MARRIED MAN.

In this case the plaintiff, who carries on business as a
gimlet maker, at Birmingham, and is a widow about
thirty years of age, brought an action against the de-
fendant, who is a machine maker, and a married man
with four children, for breach of promise of marriage.
The action was tried before Mr. Justice Maule, on the
19th of April last, when Mr. Sergeant Wilkins and Mr.
Needham were counsel for the plaintiff, and Mr. Huddle-
ston for the defendant; and it appeared that the de-
fendant contracted with the London and Birmingham
Railway Company to erect the telegraph posts on
their line, and that in the month of January, 1848,
he went to Birmingham to superintend the workmen
employed for that purpose. lie took lodgings at the
plaintiff's house, and becoming intimate with her, in
a short time offered her marriage. The plaintiff, not
knowing him to be a married man, accepted his
offer. Her sister deposed that she was present at fre-
quent conversations between the plaintiff,and the defen-
dant on the suhj• ct, and that the defendant asked her
to be bridesmaid, which she agreed to be ; and that he
said he would take them to London alter the marriage,
and intended taking a houie in Ashley-grove or Vaux-
hall corner. In the month of February he left Birming-
ham, saying he had been sent for en business, and as
be did not return, or communicate with her, the plaintiff
made inquiries after him, and discovered that he was a
married man with a family. The jury returned a verdict
for the plaintiff, with 101. damages. Mr. Huddleston,
the defendant's counsel, subsequently moved for a rule
calling upon the plaintiff to show cause why the judg-
ment should not be arrested, on the ground that the con-
tract between the parties was void, inasmuch as the de-
fendant being a married man, it was not in the power of
the plaintiff to perform her promise to marry him, and
consequently the defendant's promise was made without
!eget consideration; The Court thinking there was some
novelty in the case, said they would consider the
question.
The LORD CHIE7JUSTICE to-day gave judgment as
follows:—In this case the plaintiff declares that, in con-
sideration that she being sole and unmarried, at the re-
quest of. the defendant, had promised to marry the de-
fendant within a reasonable time. The defendant pro-
mised to marry her within a reasonable time; and that
she, confiding in the defendant's promise, from thence
hitherto remained, and still is, sole and unmarried, and
until she had knowledge that the defendant was married
was ready and willing to marry him; but although a rea-
sonable time had elapsed, yet the defendaet wholly ne-
glected and disregarded his promise, and had not mar-
ried her; but, on the contrary, wa.,aad from thence had
been, and still was, married; and that the plaintiff did
not know at the time of the defendant's promise, nor for
a long time afterwards, that he was married. It was
alleged in support of the rule, that, inasmuch as the de-
fendant was a married man at the time of the compact,
there was a want of consideration, because the plain-
tiff, therefore, was not bound by her promise to
marry the defendant. But, on the other side, it was
contended, that as the declaration diielosed a promise
on the part of the plaintiff to remain single for a
reasonable time and then to marry the detendant—it
was cont -nd, d that the defendant's wi4e might have died
within a reasonable time, and then that the defendant
would have been bound to perform his promise. On the
argument ?Ir. Justice Cresswell referred to an authority
in " Brooke's Abridgment," where a woman enfeoffed a
man on condition that he would marry her, he being a
married man, within a reasonable time ; the feoffee en-
feoffed another, and so the property passed through
other persons mild at length the man died, being still a
married man, and when the widow died the original
feoffer entered as for condition brokers. We are of
opinion that the resolution in that case is applicable to
the present, and that the defendant cannot set up his
own fraudulent concealment of marriage to obtain a
discharge irom the responsibility of the promise made
by him. We therefore think there is no ground fur the
rule moved for by Mr Huddleston.
Rule ref used.

POLICE INTELLIGENCE.
GUILDHALL.
ROiBBERY OF BOOKS IN COURSE OF PUBLICATION.
AND SELLING THE)! FOR WASTE-PAPER.—James Chg.
sold was charged with robbing his employer, Mr. Al•
&marl Kelly, of Paternoster-row, bookseller and pub
lisher.

It appeared from the evidence of Bradley and Webb,
both ofl:ers in the City detective force, that from infor-
mation they received, they on Saturday evening watched
Mr. Alderman Kell>'s warehouse, and about twenty
minutes past eight o'clock, they saw the prisoner leave
the premises and enter a coffee-shop in a passage lead-
jug into Newgate market. After remaining a short
time he came out again with a large bundle of printed
paper and proceeded over Blackfilars-bridge. He was
then seen to enter Mr. Tanalyn's ham and beef shop,
near Stamford-street, where he offered some paper for
sale. lie afterwards went into Mr. Robinson's pork
shop, Blacktriars-road, and after remaining there about
two or three minutes, Bradley entertd and found the
prisoner in the act of selling paper, for which he received
44. lld. On asking him some questions as to where he
got it, the prisoner said he brought it from his master's,
but refused to tell who he was. He was thereupon con-
veyed to the station-house.
Webb ssid that after the apprehension of the prisoner
cn S it urday night he went to the shops of various trades-
men, and recovered as much as 300 lbs. of paper, which
they had purchased from the prisoner.
Th, se tradesmen were severally called, and each
proved that the prisoner had been constantly in the habit
of selling him printed paper at the rate of 2d. or less
than 31 per lb.

Mr. GI Copland, in the employ of Mr. Alderman
Kelly, said that the prisoner had been in the situation
from two to three years, at a salary of 17e. per week,
and there was no doubt he had been constantly robbing
the warehouse.

Alderman GIBBS asked Mr. Copland the ♦alue of the
property stolen.
Mr. Copland replied, that taking it as mere paper, it
would be worth about 101. or 121.; but he could not tell the
value, arising from the necessity of reprinting the sheets
missing, as they formed portions of wurks now in course
of publication.

The prisoner was committed to Newgate for trial.
CLERKENWELL.

MANaLAUGEITER..—Edward Hammond was placed at
the bar, upon a remand, charged with the manslaughter
of a man named Dryton. The particulars of this case
have already appeared in The Sun a few days ago.—lle
Wii committed tor• trial.

James Brown and Philip Lee were charged with
using a boy of the name of Edward Ysndall.
The complainant, with some more b Is, were at play
on the Maiden lane bridge on Monday afternoon,: when
the prisoners came up and made a disturbance. Lte
took up a brick and threw at Yandall, which struck him
to the ground insinstble.
Several witnesses came forward and proved the pri-
soners threw stones at them.

The prisoners, who had nothing to say to the charge,
were ordered by the Magiitrate to find bail.

terday Ali, soeirty het(
SOUTH LONDON FLORICULTURAL SOClETY.—Yes-
season at the Surrey Z hell its
iesaloGnadrfldeoewse.r
Tstwproinfcitphaist
flowers exhibited were heaths,g
loses pelargoniums, ranuncu-
luses, and roses, and the
o plants of these exhibited were of
first-rate character.'
unseasonable nature of wing
to the very inclement and
the show generally was lthe weather for the last few days,
of this society.
Lack
of space
brilliant than former shows
list of the prizes, and wescpaance only
our giving a full
Vic-
toria and Adelaide gold medal's r mention that the
wero respectively awarded to mr.o&i,ctliiscellaneous plants
and that flrA class silver medals were gained and
Mr. Bruce,
Robinson, Ellis, Rowland, and Bett e ridgge.nedoby Messrs.
of the flower show the visitors ft ekedi to then the close
space
front of the orchestra, wherein Jullien presidedoverin
his
unequalled band, which performed numerous pieces of
standard music in quadrilles, overtures, polkas, &c.;
several vocal pieces were also well executed by Misses
Rowland aui Mtldmay, and Mr. Tedder, and were re-
ceived by the audience with much applause. The
splendid pyrotechnic display of the siege of Badajoa con-
cluded the fete. The show was attended by large
numbers of amateurs and admirers of floricultural pro-
ductions. and passed off very pleasantly.
SALE OF MR. W. IV. HOPE'S PICTURES, &C.--
Yester,lay there was on view, at Christie an I Manson's,
Mr. W. W. Hope's collection of pictures. They com-
prise a selection of works of the best masters of the
Italian, Dutch, and Spanish schools, including some
Murillos, Guidos, Wouvermans, some good specimens
of the pencil of Teniers, and a number of works by
minor but favourite painters of the Dutch school. There
is also a fair collection of Etruscan vases, antique
bronzes, Limosine enamels, and enamels by Petitot.
The sale commences to-day, and will continue durieg
the two following days.
A correspondent informs the Jewish Chronicle that
Baron Rothschild, who was sitting under the Speaker's
gallery at Mr. J. O'Connell's Parliamentary " turn- out,
declined to withdraw. References were made, and
among others to Sir B,Teei, The Baron remained as a
matter of right.

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS, June 12.

The SPEAKER took the Chair at Four o'clock.

The report on the Chester and Holyhead Railway
(Increase of Capital, with Powers to the London and
North-Western Railway to subscribe thereto) Bill was
considered and agreed to.
THIRD READING. --
The Congleton Inclosure Act Amendment Bill was
read a third time and passed.
DUBLIN IMPROVEMENT (No. 2)?BILL.
On the question for the second reading of this Bill,
Mr. REYNOLDS said it was not his intention to op-
pose the Bill, though it was not what he and his consti-
tuents in the corporation of Dublin could desire. There
were three Bills before the House connected with Dub-
lin which it was proposed should be withdrawn if the
whole were not agreed to, and he therefore hoped the
House would have a❑ early opportunity afforded it for
expressing an opinion on them.
The Bill was then read a second time.
PETITIONS.

Colonel TYNTE presented a petition from Bridpori
in favour of the Bankruptcy Amendment Act.

- , -
Mr. G. THOMI'bON presented several petitions from
various metropolitan parishes in favour of Mr. Cobden's
motion for international arbitration.

Similar petitions ware presented by Sir W. Clay, from
the Tower Hamlets; Mr. Abdy, Mr. E. Ellis, Mr. Fitz-
roy, Mr. 0. Ricardo, Mr. Mutitz (from Birmingham),
Mr. Schol.-field, Mr. Moody, Lord Marcus 11111, Mr.
Kershaw, Lord H. Vane, Mr. Roebuck, Mr. Thornely,
Mr. Bright, Mr. Brotherton, Mr. H. Berkeley, Mr. E.
Dension, Mr. o.borne, Mr. Mackinnon, Lord Nugent,
and Mr. Clay.
Mr. CLAY presented a petition from Hull praying for
the abolition of light dues.
Sir W. CODRINGTON presented a petition from
the county of Gloucester, complaining of agricultural
distress, and praying for protection.
Mr. Alderman SIDNEY presented a petition from
solicitors and others of Stafford, praying for the repeal
of the certificate duty.
Lord BARNARD presented a petition from Bandon.
in the county of Cork, praying the House to take steps
to mitigate the prevailing distress in Ireland.
Mr. BRIGHT presented a petition praying for the
suppression of beer•houses.
Mr. H. BERKELEY presented a petition praying for
the repeal of the duty on paper and the penny stamp on
newspapers.
Mr. FULLER presented a petition from Essex pray-
ing that stock in trade may be exempt from poor-rates.
Mr. BRIGHT presented a petition from Salop in
favour of an extension of the suffrage.