The Sun.
London, England, 1825-08-15 00:00:00

ASSIZE INTELLIGENCE.

GLOUCESTER—SATunnAy-, Auc. 13.
CULsRGE of NEGLIGENCE AGAINST an ATTORNEY.

WOODWARD V. YOUNG.

Mr- CARRINGTON opened the pleadings.
Mr. CuItWOOD stated that the plaintiffhad been in an hum-
ble situation in life, but by industry, and some bequests from
relations, he had got into the possession of about 3,000/. In
the year 11114 he applied to the defendant, who was an Attor-
carryiug on business at Dursloy, to invest it in freehold
security. The defendant at first proposed to lend it on two fac-
tories, but the plaintiffrefused to lend it on any thing but land,
and the defendant said it should be lent to two gentlemen named
Olive, who lived near Gloucester; and subsequently the plain-
tiff-met these gentlemen at the defendant's house. The 3,000/.
was advanced on a warrant oi- attorney.. The plaintiff objeeted
to this, and he was told he should have a mortgage in a few
weeks. After a lapse of sixteen months the mortgage deeds
were sent him, and for some years the interest was regularly
paid, but in 189 one of the borrowers became bankrupt and
died, and it was discovered that a great part of the lands on
which the plaintiff had this mortgage were in fact not the lands'
of the borrowers of the money, but of other persons not at all
concerned in the transaction, and therefore the mortgage was
as to all these lands a mere nothing. This it was the defendant's
duty to have looked into. By this neglect the plaintiff' was
reduced from what in his situation was affluence to comparative '
poverty,
Hesther Woodward, the daughter of the plaintilf, proved the
facts stated relative to the advance of the money.
Mr. Henry Young; the defendant's sod, who was at that time
• hie clerk, anti since that his partner, was also called. His evi-
dence was a good-deal different from that of the former, witness,
he stating that the plaintiff showed great eagerness to lend the
money, and would not have taken even the warrant of attorney,
if it had not been insisted by tire defendant that he should do so
till some other security could be prepared.
Mr. Justice Btrurtouout intimated that the statute of limi-
tations, which had been pleaded by the defendant, was a bar to,.
the action, as tile transaction took place more than six years
ago; but at the instance-of Mr. Curweod his Lordship said he
would allow the case to proceed, giving that, gentleman leave
to make an application to the Court above.
Bvidence was then addlic,el at great length to chew that the
lands mortgaged at this time to the plaintiff were then the pro-
perty of other persons. and that therefore the security on these
lands was of no value to the plaintiff; and it also appeared that
those lands had belonged to the father of the borrower of the
money, and that when he sold them to the subsequent owners,
they allowed him to remain the .ostensible owner, by leaving
him in possession of the lands, and of the title-deeds under
which he and his ancestors land purchased them.
Mr. TAUNTON, for the defendant, said that upon the evi-
dehee, so far from the defendant being a party to any imposi-
tion on the plaintiff, he had ueed his endeavours to check the
plaintiff; over a confidence in the Messrs. Olive, the borrowers.
of the money; for that if it had not been for hint, the plaintiff
would have lent the money without any security at all ; and as
the persons who had bought the lands of the father of Messrs.
Olive had allowed them to remain the ostensible owners, no
care on the part of the defendant could have prevented the
injury to the 'plaintiff:
• Mr. Justice BtrttuoUGlt gave it as his opinion that the de-
fendant had acted fairly towards the plaintiff, and directed the
Jury to find for the defendant.
• The Jury after a few minutes' deliberation, found a verdict
-for the defendant-

BRIDGEWATER, AUG. 12.
ER EA GU OF PROMISE OF MARRIAGE.

WILMOT v. RI(UFORD.

The defendatit pleaded the general issue.
Mr. Serjeant PELT. (with i-hom was Mr. Serjeant Wilde)
stated the case to the Jury. It must be alloved that actious

such as the present are not very agreeable in their nature to
either of the parties interested in their event. The present
action was one of this description, which a young lady
had been obliged to commence against the defendant, in
consequence of his refusing to make good an engagement
which he had entered into to marry the plaintiff, a young
lady now about 23 or 24 years of age, and of consider-
able personal attractions. The young, lady, the plaintiff in
this action, was the daughter of a highly respectable gentle-
man, and the defendant was a farmer of considerable property,
two or three years older. It appeared to be in every respect a
suitable match, and, all things considered, the defendant seemed
to be a person calculated, in the event of their union, to make
the plaintiff happy. At the very moment, however, when the
defendant, after havinc, raised the fondest expectations of his
client, • was feeding her hopes with the prospect of the speedy
fulfilment of his promises, he had actually paid his addresses
to another lady, and was leading this other individual to enter-
tain hopes which were, in their turn, also doomed to be disap-
pointed. He relied principally upon the defendant's letters to
explain to the Jury the manner in which the acquaintance be-
tween the parties had originated, continued, and been carried
on. The first was one dated 22d April, 11122 ; and is it the de-
fendant announced. the nature of his intentions, towards the
plaintiff. It. was as follows
Hill Farm, April 22, 1822.
" My dear Friend—The --p,leasures of friendship are little
known by a greedy"—{Here, said the Learned Sergeant, the
expression seems somewhat odd, but as 1 find it in the letter I
must read it to you. I thought at first the word might have
been "giddy.' and the expression which immediately follows
tended to confirm me in my opinion. But on closer examina-
tion it seems to be spelled greedy," and lam bound to take
that to be the word.l
Mr. C. F. WILLIAMS intimated that in his opinion the word
was intended for giddy, but the defendant, who appeared to dis-
regard the pedantic trammels of orthography, spelled it_ giddy,
which, frqm the carelessness'of the penmanship, strongly re-
sembled gi eedy.
Mr. Sergeant PELL—The letters were all couched the
language of passion, a language not very intelligible to 'other
than the parties more immediately concerned. They might be
supposed to be capable of understanding it, simply because they
were lovers, but the greater part of those epistles must be nearly
unintelligible lo himself, or even to his Learned Friend on the
other side (Mr. Merewether), although they, too, in their time,
had been lovers. But he would not trifle any longer with the im-
patience of the Jury, who must be quite on edge to hear the
remainder of an epistle the commencement of which promised
so well. Well then—
" The pleasures of friendship are little known by a greedy un-
thinking world. I receive more pleasure in writing to you than
I do any one else, for the pleasure I enjoy in your company both
carom: to make me your sincerest friend. Nothing will give me
so much pleasure as to hear from yourself that you are well, and
can I say happy ? If you are not happy lam not so. Your
beauty and accomplishments have captivated my heart, whilst I
avow myself to become your true and-sincere friend. I would
not, my dear Caroline, offer any direct address that should have
the least inconsistency with your duty to your parents, and this
rather emboldens me to request the favour of an evening's con-
versation at your first convenience, when I'll more fully explain
myself; as I earnestly hope to your satisfaction.
An answer to this by the bearer, E. Brufiird, will infinite
oblige—then let me now conclude in hopes of meeting your ap-
probation. " Your aflectionate and sincere friend,
" RICIIARD

From the tenor of this letter and the mystical word "corona"
in the commencement of it, which it was to be supposed was a
slight transformation for crowns (and very indifferent sense .it
would still make, if that conjectural reading were true), it
would seem as if this love=sick shepherd felt the sentiment of the
poet, when he said that—
" Love was the top and crcraln of our affections I"
That was good ! and the request for an evening's chat was
still better ! Evening was your only time for love, particularly
if it was moonlight ! Let the moon be bright or clowded ; if
the latter it was all the better. Well, there was a good deal of
ground to be passed over, so he most reluctantly leaves this
epistolary gem as other pearls of equal value remained to be
disposed of The next he would react to the Jury was a diamond
of the first water. It was dated about four months after the
last, and from him it would appear that the lover and his love
had unfortunately disagreed about some trifling affair or other
—some of those slight clouds that occasionally overcast the
amatory horizon and the letter appeared to be written for the
purpose of effecting a reconciliation. Perhaps. Mr. Bruford had
perpetrated some sin of omission or commission, or uttered some
unconsidered trifle, for which he thought it necessary to offer
the following atonement. Here it was-
- " West alonkton, Aug. 13, 1822.
" Dearest Caroline-1 have taken my pen in hand to write
to my dear girl, to entreat - oit her friendship topardon me for
addressing her as I did on Saturday lash But after hearing
what I did, as I informed- you, I thought it prtident to know'
each other's determination ; but not finding you will comply
with my request, I shall not question you again on that sub-
ject. Certainly I shall not wish you to refrain from speak-
ing to any young man. Had I not a particular regard for you,
I should not have paid you the respect and attention I have at
all times whenever .I have had the pleasure of being with you.
_Although you may not believe it, I cannot help saying I
felt much hurt and disappointed in not having the pleasure
of your company or seeing you en Sunday last. E. 8.,
with myself, certainly had promised ourselves a wride, but
how could I have enjoyed' it without you. We have now
pOstponed the stride for Sunday week next. In case it
meet your approbation to join with us on Sunday next,
we shall expect to see you at our house, where I hope to meet
you, my dear girl, in better spirits than when I saw you last:
Mrs. Hickman was at our house on Tuesday last,who informed
me that you were gone with some other person to Enmere, to
see the grand performance which was to take place. I instantly
took my horse, and erode down. I saw your brother James,
who informed roe you was not there. I then was satisfied with
the propriety of your conduct towards me' in not going,without
my knowledge, as I should have been happy to have escorted
you there. 1 must now conclude, in hopes of receiving a letter
from you by the bearer.
" I remain, dear (iaroline, your ever true and sincere friend,
" RICHARD BRUFORD."
The same kind of correspondence was kept up on the part of
the defendant for some months longer, and he even went so far
as to make inquiries as to the amount of Miss Wilmont's for-
tune, which he was given to understand by the young lady's
mother was 500/. Sir. Bruford approved of the sum, and ex-
pressed his determination to accept it and her daughter's hand.;
hoWevef,' on the 9th August, he broke off the match.
The following witnesses were called for the plaintiff:—
Mrs. Martha Wilmot—l am mother of the pliintiff, and am
acquainted with Mr. Bruford, the defendant. He resided at our
house in 1822. At the coramencement, the defendant's ac-
quaintance with my daughter did not receive my approbation.
1 recollect afterwards having conversations with him respect-
ing his intentions towards my daughter. I remember the
Somerset Assizes of 1823; about that time I had a particular
conversation with the defendant on the same subject. Thecon-
versation occurred at my own house. I had been here on busi-
ness, and defendant drove me home in his gig. It was on that
occasion he spoke with me on the subject ot the marriage settle-
ments ; the conversation took place after tea. We had previously
talked together about my daughter's fortune. Mr. Bruford
proposed to settle 1,000/. on my daughter, and wished me to
select the attorney who was to draw up the marriage articles.
I mentioned my own solicitor, who lived at Ilchester, and as de-
fendant thought that too far for him, he proposed to choose some
attorney perfectly indifferent to both parties, and who should
know nothing of either family. Defendant asked me to what I
intended to give my daughter ? I replied 5001. on the day of her
marriage. He was aware of my intentions as to my daughter's
fortune before we spoke of the zettlement. On that occasion I
repeated what I had previously said, and lie approved of it. De-
fendant remarked, when talking of the settlement he intended to
make, that, if I entertained any doubts as to his ability to make
it, I might go to his attorney, Mr. Kingley, who he said was well
acquainted with his affairs, and would satisfy me on that point.
I declined doing so, at the same time saying that I did not
think it necessary, as I saw no reason to doubt of his repre-
sentations. This conversation took place on Thursday Aug. 7,
and defendant appointed the following Saturday, at II o'clock,
as the day for concluding the settlement. Sir. Bruford had
visited my daughter nearly two years ; he visited her almost
a year before marriage was talked of. At that time 1 lived at
Welton, not far from Taunton. On the Saturday appointed
for the settlement, defendant did not come: Mr. Bruford
never entered my door afterwards. Sly
family consists of eight
children.
Sira Henry Blatchford Shillibeare—l have known the plain-
tiff-since her childhood and she is now twenty-five years of
- age. I resided at Taunton in i 822. Miss Wihnont and Mr.
Bruford visited together at my house, and I always considered
- them as lovers, because they acted as such. In the earlier
part of 1823 I conversed with Mr.. Bruford respecting his
marriage with the
gaged to Marry her, and that her mother, M W rs. ilmont,
Plaintiff- He informed me he was en-
hatl undertaken to give Caroline 5001. Ile said he intended
making 4 handsome settlement on her out of his own pro-
' party ; and asked me if I thought Sirs. Wilmant had the
power to advance the 5001. under the father's will. Sly reply
to this question was, "Mrs. IVilmot was a person of consider-
able property; but I did not know the particulars of the will
to which he alluded." I asked the defendant what dim was
fixed for die wedding, and he told me lie should let me know,
as I was to be present on the occasion.
Mr. AIL REWETHER addrei:sed the Jury for the defendant.
Mr. Justice GASELEE charged the Jury, who retired, and
after a-consultation of nearly two hours, returned a verdict for
the plaintiff—Damages, 5501.

The accounts:lately received from Greece have
turned.the public attention to the transactions
now passing there, but they are so confused and
contradictory, that it is difficult to draw from thein
a result which can at all lead us to t correct con-
clusion as to the relative advantages or disadvart-
tages..of the contending parties. The last intel-
ligence, received freal the Morea detailing the
progress of the war, is perfectly irreconcileable
with the fundamental principles of scientific war-
fare. By these accounts 11AssAm BEY is
represented as traversing the sea between
Soda and Modon, and landing live thousand
Albanian troops, in order to reinforce the army
under the command of I.l3RAmm PACHA, who
is now before Napoli• de Romania. The
SERASKIEtt is said, to be laying siege to
Missolonghi, in Livadia. The CAPITA N PACHA
and the Turkish fleet are off Modon. To
these accounts we may add, the intelligence
receiver: to-day., viz, that IBRAHIM'S attack upon
.Napoli had been unsuccessful, and that CoLo-
COTKONI With leis forces (Which were daily aug-
mented) was in his rear at Calavrita. This critical
situation of affairs in Greece, may, we think, he
fully relied -upon.

But in order to enable our Readers to form a
better judgment upon this important subject, we
have (a map under the circumstances being out
'of the question) drawn up the following
plan, which gives a pretty accurate idea of the
relative position of the different towns named
there :

Salor.a
0

Missolonghi

Patracs

Calavrita
(where Ctsocotroni
now is)

Athens
0

Corinth
0
A rgos

Tripolizza
I (where brahim T''agia Napoli de
Navarro Romania

now is)

Modon
o
Calarnata
Colon 0

Cape 112 atapan

All these places, except Saloon, Calavritn,
Tripolizza, Tegia, and Argos, are upon the coast.
Soda, and Canea, where IlAssAm !3E now is,
are in the Is►and of Candia, which lies south-east
of Cape Matapan.

We are told that supplies, munitions, and re-
inforcements for I BRAIIIM, are sent from Soda in
Candia to Motion, whence they are transported
by land across the Morea from the south-west
corner to the north-east, along a line of operation
of at least 120 miles. Let us, en passant, ask why
the Turkish naval force might not co-operate
with the land forces under luttantm, against
Napoli, rather than be employed in landing
troops at Modon, a plan evhich renders so ex-

tended a line of operations necessary, and wl►ich
must greatly weaken the disposable force of the
Turkish General. It also lays him open to be
intercepted and surrounded by the Greek Army,
an event, indeed, which subsequent accounts in
form us has occurred, and which appears extremely
probable. There does not appear to be any fortress
between Modon and Tripolizza through which
a sure communication between those places could
be kept up. Accustomed as we have been for '25
years to read of the most methodical and scientific
movements, and military combinations, we are
quite lost at this careless advance of the Turks.
From this circumstance, however, we draw our
consolation, and cannot but hope the obvious
measure thus suggested will be adopted by Co-
LocoTitoNt, that be will throw himself across
the line of operations of the Turkish General,
and thus endeavour to compel hin► to ad-
vance upon Napoli. If IBRAHIM is driven
to this alternative, his destruction is sure,
for with the forces at Napoli before him,
and those under COLOCOTRONI in his rear,
it is scarcely possible for him- to escape.—
The truth of his capture upon this view of the
subject appears probable enough, especially since
it is now alleged it took place at Corinth. For it
may easily be supposed that lattAntm, finding
himself pressed by the Greek army, would
endeavour to effect a junction with the
SERAMIEIt before Missolonghi, his retreat upon
Modon being cut off. Corinth lies in the road
he must in such case have taken, in order to pass
from the Tklorea, by the Isthmus, into Livadia, to
join•liis companion in arms.

-

The Frankfort Papers to the Sth August have
arrived,and furnish us with accounts from Greece.
On the 30th July, the advance of IBRAHIM
PacHA upon Tripolizza and Argos, and the sub-
sequent occupation of those towns was officially
announced at Constantinople. It was also con-
ceived there that the reduction of Napoli would
speedily follow, and thus terminate the contest
in Greece. The failure, however, of InitAnim's
attack upon that place, and his retreat to Tripo-
litza, was not then known in Constantinople. By
Consular accounts, of the 23d and 25th of June,
Cor.ocoTnorn had retired upon Calavrita as
IBRAHIM advanced to Tripolitza, and was at-
tacked there by the Turkish General, who, it
seems, was repulsed with great loss. The Greek
army, since then, is daily receiving those rein-
forcements so essential to meet the crisis which
awaits them, and must endln the total destruction
of the Egyptian forces, or annihilate the hopes of
Greece and the christian world. In the mean time
the report of the capture of fuitAnint is repeated
in accounts from Trieste of the 28th July, with
the addition that he was taken at Corinth,and that
his army was entirely destroyed. This, however,
is denied in a letter from Venice, dat( 3d Aug.
This letter says, that accounts from Constanti-
nople up to the 20th of July, have been received
here by express, which do not say a word of this
event. lenAnimPAcHA,according to these accounts,
had made an attempt on the mills near Napoli di
Romania, which seems to have failed, on which
he retreated to Tripolizza, the centre of his ope-
rations. By the same opportunity we received
the news of the death of Ooysstus. lie is
stated to have fallen from a tower (perhaps he
was thrown from it by order of Goun.A), and his
brother-in-law TaELAwNY, the Englishman, is
said to have been found shot at the same time.

Letters this mcnnent (two o'clock) received
from Corfu, of the 13th July, and from Zante of
the 7th ditto, confirm, in every respect, the de-
feat of I;;►LAIIIM PACHA, and of his being %vound-
ed, hut not captured.

The contents of the French Journals of Friday
will he found in another column. They are
chiefly occupied with the KING'S Ordinance for
the Recognition of the Independence of Hayti,
and the disposition of the equivalent paid by the
Republic for the renouncement of the Sovereignty
of France over that Island, and some remarks
upon it from the Etoile. These Papers allso con-
tain an, extract from a Private Letter from Port
Louis, in the Isle of France, referring to the war
in India with the Burmese, which, for falsehoods
and gross misrepresentat►ons of affairs there,
has been rarely, if ever, equalled. It is too ab-
surd to be worthy of further remark.

Quebec Papers to the 15th July, and Mon-
treal to the I 7th, are arrived.

(From the Quebec Paper of the 14th July.)
The arrival at this port of two ships from China forms a re-
spectable epoch in the annals of Canadian commerce. The
lloffat and the Juliana are the 'first vessels that ever entered
the St. Lawrence from the immense Continent of Asia. They
sailed from London on the 12th August last, left Portsmouth
on the 24th of that month, and arrived at Canton on the 24th
January. On the 24th February they sailed for Quebec, kept
company 20 days, and separated 01T Java; met again off' the
Cape of Good Hope, separated, and arrived the same day
off St. Helena. After leaving that Island they did not
see each other till their arrival at Quebec, within a tow
hours of " each other, a most extraordinary proof of .good
management. The space traversed by them in ten months has
been about 38000 miles. The Moffat is about 800 tons; and
the Juliana about 500 tons ; the former has 9,9.11 chests of tea,
the latter 5,900; both vessels are in high order, and take car-
goes from hence to London. The amount of provincial duties
on the teas brought by these vessels will be about 60,000
dollars.
His Majesty's ship Orestes, arrived last Tuesday, has
brought 30,600/. in English coin for the Commissariat Depart-
ment in the Canadas, which is to be issued in payment of the
[military.