The Sun.
London, England, 1841-12-08 00:00:00

it might be imagined that the means of the widiaiviAd'her
family were somewhat circumscribed. The grandfather
died in 1831, and, ,by his will, bequeathed some small
property to the widow and her children, which produced
to each, and the present plaintiff among the rest, about
401. per annum. The executors continued in the receipt
of these rents, on the behalf of the widow and her family,
until his client arrived at the age of 25 ; and, by the
grandfather's will, they were to have the control over
their little property as soon as they arrived at that age ;
and it then became necessary to settle the account of the
executors, and release them from further ,responsibility.
Before that took place, which was in 1835, Mr. Rosser,
the defendant, who was an attorney and solicitor, had been
concerned for the executors, and had been heard, and spoken
of in the most respectful terms all the plaintiff's family.
He was therefore known to the plaintiff by name, and
afterwards, when the executors were released from their
duties by the distribution of the property, he, at his own
solicitation became their man of business, proposing
to do all that was necessary without making any diminu-
tion of their little property. In consequence of that the
plaintiff and defendant occasionally saw each other
on the occasion of the rent being received and
paid over. They were several times in the course
of the year of necessity brought together, on all
which occasions the greatest attention was paid by
Mr. Rosser to the plaintiff, and she entertained the
same sentiments of respect for him, because he had ex--
tended the hand of friendship to her family. At that
period, 1835 and 1836, Mr. Rosser was a married man,
and for the purpose of showing how the transactions of
business were conducted between the plaintiff and de-
fendant at that time, he would read a letter or two, from
which they might collect the terms on which they were
living towards one another. Mr. Rosser knowing that
the means of the family were very circumscribed, ad-
vised Miss Darbon the present plaintiff, to become the
companion of a lady, and thereby save her little property,
if not make some additions to it. The letter was dated
January, 1836, and commenced, "Dear Miss Darbon—ln
consequence of your expressing a desire to get out into
the world to improve your income, I inserted an adver-
tisement in the Morning Herald for a companion to a
lady, and immediately received a note from a ladystating
that if a comfortable home would be considered a com-
pensation the advertiser might obtain what was sought
for." The letter went on to state that Mr. Rosser
went to the lady and found her apparently amia-
ble. It would appear, observed the Learned Counsel,
that Mr. Rosser seemed to have taken the girl under
his care as a child, or a daughter, for he was somewhat
advanced in years.—(Laughter.) He trusted he would
not see in the course of the cause any unseemly appear-
ance of ridicule, because if he saw any such manifesta-
tion he should not be the last to notice it. The letter then
stated that the lady appeared pleased with the descrip-
tion defendant had given of plaintiff, and then observed,
that as she was afflicted with rheumatism, she wanted a
kind and social companion, and concluded with stating that
the defendant had written to Franklin about the rents.
He (Mr. Platt) mentioned that to show that the de-
fendant was the receiver of her rents and paid them over
to her. On the 9th of February there was another letter
commencing, "Dear Miss Sophia," and expressing the
defendant's gratification at the prospect of the plaintiffob-
taining an eligible situation with the Countess, and offering
a sum of 51. or 101. • to enable her to equip herself, and ad-
vising her towrite to the Countess. That would show not only
that he kindly interfered to advance her in life, but that
he treated her with all the respect due to a person of a
correct and proper demeanor. On the 15th of April
there was another letter, in which the defendant stated
that Franklin had brought three quarters' rent, and
that he would be happy to see her whenever she could
make it convenient to call. It would be observed, that
throughout the whole of the correspondence, whenever
the defendant could assign a reason for seeing the
aplapi forth e
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wasing
13th of July,nd
a note presenting his compliments to Miss Darbon
personal interview. raoand e t
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stating that Franklin had brought the rent, and he
should be happy to pay it over whenever it was con-
venient to her to call. He had merely read these three
letters to show the nature of the intercourse between the
parties during the lifetime of Mrs. Rosser, and which
showed that he paid her the greatest respect. In March,
1837, Mrs. Rosser, the wife of the defendant, died, and
on the 10th of April following a letter was written by
the defendant, desiring his kind regards, stating that
the rent was ready for her, and hoping her mother and
family were well. On the 20th of April Miss Darbon
called at Mr. Rosser's house, in Red Lion-square, when
the rent was paid over ; and on the 22d of April, two
days afterwards, he wrote another letter. He was
anxious to give the letters in the order of their dates, as
they gave a pretty clear history of the case. The letter
stated that he would be soon leaving London for Bed-
fordshire and Glamorganshire, and would be glad to
see plaintiff before he went. It also stated that the de-
fendant's nephew had taken a house at Twickenham-
common, which he understood was not far from the
plaintiff's house at Hampton, and if he went that way
the following week, he would probably call to ask her
how she did. According to that invitation, Mr.
Rosser having only to make a request when it would be
granted by the plaintiff, she came up to town, imagining
it might be something in relation to her money affairs.
On that occasion Mr. Rosser made an avowal to her of
his ardent passion.—(A laugh.) His first wife had died
only in the month preceding, and in the latter end of
April he communicated to her that he entertained an
ardent passion for her, and begged to know whether she
would accept him. She was surprised that a gentleman,
who had just become a widower, who had always
treated her . with an extreme degree of respect,
and a person whO rather protected and took care of her
than anything else—that that gentleman, who had so re-
cently lost his wife, should think of making a declaration
of that sort to her, and she expostulated with him on the
subject. He excused himself by saying, that if he waited
till the expiration of the year during which public de-
cency required that he should not marry another wife,
he might, perhaps lose the opportunity of obtaining her,
and that she might make some other engagement. Miss
Darbon said she had no intention of the kind at present,
and that she certainly had a regard and respect for him for
the kindness he had exhibited- towards her. He seemed
greatly gratified, and on the 24th of April sent her a
letter, in which he stated that he had conceived a very
high opinion of her in every respect, and felt greatly in-
terested for her, and having it amply in his power (Mr.
Platt observed that it was understood Mr. Rosser was
a man of considerable wealth), and being desirous of
doing her every good he could, he begged her acceptance
of the accompanying small present as a token of his re-
gard for her, and hoped she would receive it as the gift
of a sincere friend. The letter contained 201. On the
3d. of May he wrote again, respecting a book
called " Sturm's Reflections," and there was (said
Mr. Platt) throughout the letter the greatest pro-
fession of religious sentiment, and an apparent desire
to lead the plaintiff in the way she ought to go ; and the
Jury would know that where a man had to deal with a
woman of a religious turn, there could be no stronger tie
to attach her to him, and if he could only exhibit him-
self as a person of conscientious and religious feelings,
he would be most likely to succeed. The latter offered
her the book, which he said had given him great pleasure,
and added that if he knew the particulars of her
library he would be happy to add to her store
of such useful works ; that he would be taking a
ramble to his nephew's at Twickenham the following
week, and would lie happy to call and ask how she and
her mother did, and concluded, " I remain, very regard-
fully your humble servant." On the 22d of May there
was another letter, and he would observe that he did not
propose to read them all, because they would fill a ream
of paper—(A laugh)—but would merely give them an
outline of the case. The letter regretted that the wea-
ther, and a variety of other business, prevented his visit,
requested her, if she came to town, to favour him with
a call, and ended, " I am, with very great regard for you,
your sincere friend." On June 3, 1837, he wrote another let-
ter commencing, "My very dearly beloved Sophia," stating
that he had received with heartfelt pleasure and joy
her affectionate letter ; the disappointment he had ex-
pressed was occasioned solely by his daughters, and that
he hoped the forenoon of the following day would do away
with all these vexations. It went on, "I do love you very
dearly and sincerely, but yet our affection must be regu-
lated by prudence." " Your happiness is my chief desire.
Bless you, my excellent love, and believe me your
affectionate !" (Great laughter.) • Now he, (Mr.
Platt) believed the fiery blood of youth had
never been actuated upon to pour out more love and
affection in a smaller compass ; but the ' present
defendant was not a young man—he was advanced in
years ; and it might, perhaps, be said that his being in
years was an excuse for his not performing the solemn
promise he had made to the defendant. At the time he
wrote thatletter he was between 70 and 80—(Laughter)
—but a hearty, hale, fine old gentleman.—(Roars of
laughter.) To see him one would only suppose him be-
tween 50 and 60, standing upright and well upon his
legs, and just the sort of person to captivate
a lady, and; who would not be supposed to have
any infirmity about him.—(Loud laughter.) When
he gave the Jury that description of his person, it would
be seen that his character was not inconsistent with it,
and that the fire of youth was not yet extinguished
in his veins.—(Much laughter.) On the 7th of June
there was another letter, "My dear Sophia, I have re-
ceived your desirable letter." It expressed the defen-
dant's wish to see her again before he left town, having
much to say to her on the important subject between
them ; that he desired to be rooted to her heart, and
promised to call on her at seven that evening. The letter
was addressed to her at Mr. Robinson's, 35, Northumber-
land-street. Strand, an address which it might be necessary
again to refer to. On the 26th of June there was another
letter, stating that he was to go with one or both his
daughters to Hampton-court' to dine with two ladies,
and that he intended calling at her door, to ask how she
did, and hoped he would spend a day with her before he
went to Wales ; that while at Bedford he had, when re-
mounting a horse, which slipped away from him, fallen
pretty heavily on his back, and he had thought of
her kind apprehensions for his safety, and con-
sidered her his sweet little cherub, and that her
sweet little voice had been heard up aloft, and had saved
him—(Great laughter)—that her every way agreeable
person and manners had induced him to like and admire
her, forgetting his extreme age ; but considering the in-
compatibility of their years, and the possibility of his
being cut off suddenly, he had placed something in her
name in the Three per Cent. Consols; thereby exercising
a little providence in her behalf. It would seem from
that that the defendant had some misgivings as to
the uncertainty. of human life, and that he possibly
might not survive the year, and had, therefore, in-
vested more money in her' name in the Three per
Cents. The letter added that he would never cease
to love her dearly, and affectionately and holily, and
purely; but he feared, in justieeand reason, that he should
only be considered her kind and affectionate friend ; that
he would be proud to be her guardian and friend, and
ended " Dear, dear Sophia, believe me to be your sin-
cerely affectionate friend." There was another letter
on the 29th of June. It commenced "Dear, dear
Sophia, your letter has given tne- great
grief to
Pifer that I should spurn or despise you, or that