The Sun.
London, England, 1840-04-09 00:00:00

EVENING EDITION'.

ASSIZE INTELLIGE

OXFORD CIRCUIT'—atacesTER, Ariaz 7.
ErritAditblNAßT CASE--DAVIS V. 111,Acx.
The plaintiff is a carpenterf living at Turley, in this county,
and the defendant the rector of the adjoining parish of Blaisdon.
it appeu-ed that in the early part of last year a young woman,
named Mary Atid Hogg, was living in the service of
fondant as housemaid. }he had for some time previous been
intirdete with the plaintiff, stun etas her acknowledged loier,-
and in the Cititn•V? of Marsh last year the Reverend Defendant,
having discovered that she was far advanced in pregnancy, dit-•
charged her from his service. She was ashamed to return to
the house of her father, a respectable farmer in the neigh-
bourhood, and accordingly went to lodge at the house es
a neighbour named Dobbins, till Davis should redeem
his promise to make her his wife. lie was an o
to
lose no time in doing so, and accordingly they went together t
Olocester, where he purchased a license to avoid the stela,'
which the publication of banns would occasion, and where they
also purchased some wedding clothes. They returned tot
Blaisdon, and on Sunday, the 7th of April, the plaintiff applied
to the parish clerk in the usual way, requesting him to ask the
defendant to perform the ceremony on the following day. This
the defendant refused to do ; and in answer to repeated applica-
tions persisted in the refusal, but without giving any reason for
it. The plaintiff next complained to the registrar of the
dio-
cese, who wrote to the defendant to request an explanation of
his conduct. The letter of the defendant, in reply, was read.
It charged the young woman and the plaintiff with improper
conduct in defendant's house, while the former was in his
service, but defendant declined entering into particulars, consi-
dering himself accountable for his conduct to his diocesan only.
In consequence of this answer, Dr. Maddy, the Chancellor
and
and Principal Surrogate of the diocese, was applied to,
he wrote to the defendant, explaining to him that the grounds
he had stated for his refusal to marry these parties were in-
sufficient, and calling upon him for any additional reasons
for his conduct which he might have to offer. To this letter,
Mr. Black, on the 21st of April, wrote the following reply'
—" Reasons, my dear Sir, as, Falstaff says, `are plenty as
blackberries; but I will give no I.:an a reason on compul-
sion.' I refer you to Canon Iol—' No license shall be granted
but to such persons as be of good state And quality.' The
parties alluded to in your letter do not answer this descrip-
tion. Ergo, the licence is Licenses as•e not cos"
nulsory ; but only an exemption frrom certain penaltie:• Thejt
do not control the power of the clergyman, which is and ought
to be discretionary." The refusal bring still persisted in, t'le
plaintiff caused the hanns between himself and the yeuut;
woman to be published in Turley Church; they were read for
the third time on the 19th of May. On the 'lst of May,
within a few hours before the intended celebration of the
marriage, labour came on, and the young woman was con-
fined with a female child, which is still living, but the mother
died the same evening. The plaintiff now brought this action
to recover compensation for the loss he had sustained by the
defendant's retusal to marry him. No attempt was wad!,
to justify that refusal ; it was admitted by his Counsel, W,
laid down distinctly by the Learned Judge, that he had
no right so to refuse. If a clergyman thinks a license
improperly obtained, he may delay the celebration of the mar-
riage, in order to ascertain the fact, but he is not entitled, on
reasons evidently insufficient, to deny to his parishioners that
which is a common law right. The Learned Counsel pressed
strongly on the jury the power of legalizing a marriage by
going through a form before a lay registrar does nut the less
entitle parties to the sanction to the marriage ceremony, derived
from its being also an act of religious worship.
Mr. Justice PATTESON left it to the jury to say what damages
the plaintiff N. as entitled to, observing that it was an action
such as he •had never heard of before, and that the right to
sustain it would probably be matter for decision before
higher tribunal.
The Jury immediately returned a verdict for the plaintiff,
with 100/. damages.

WESTERN CIRCUIT—TAUNTON, APRIL 6.
The Nisi Prius Court has been crammed all day by persons
anxious to hear the:case of " Davis v. Templeton." t was an
action brought by the proprietor of the theatres in the western,
district against Mr. Templeton, the singer, for a breach 01
contract, the latter having engaged to sing, accompanied The
Miss Romer, at several of the plaintiff's theatres. The
" stars" were " posted" and " billed" all over the country'
hut Mr. Templeton having been engaged at Bristol, was cm*.
pelled to decline appearing at the plaintiff's theatres, thereby,
occasioning very great disappointment to the public,
considerable loss to the manager. The damages were laidan !
a‘
500/, but the defendant had paid 40/. into Court. Just before
the cause was called on the counsel put their wigs together,
and it was evident something like an adjustment was about
.to
take place, and at length it was announced that the part!t?
had consented to a verdict being taken for the plaintiff, wil9
30/. damages.
TUESDAT..—CROWN COURT.
James Sealey was indicted for having forged a deed of fof"
ment, at Frome Selwood. dated September 10, 1795, with in'
tent to defraud ThomasWhittington ; and Thomas Candy ,Jun'
was indicted for uttering the same, knowing it to have been
forg,,ul.
The Jury found both prisoners guilty, but the sentences were
deferred.

NORTHERN CIRCUIT—LivEnrooL, APRIL i•
William Vicars Jackson, Christopher Doyle, John Kay'
and George Smith, were indicted for a seditious conspiraet
It appeared that the defendants had been present at varin_ll;
meetings held 0 Hulme, when speeches were made of the san'r
nature as those aliTady before the public in similar cases, °lir (1,
more of the defendants being present on each occasion, and
dressing the assembly.
The case was proved by means of policemen who attended
the meetings in plain clothes. smith' and
The Jury returned a verdict against Jackson, Simding
Doyle, of guilty of conspiracy ; and against Kaye of atte
n'
illegal meetings on the third and fourth counts of the indictm
ofethe
The Learned' ATTORNEY-GENERAL then, on the part
Crown, prayed the Court for the committa; of the prison .er
All those who were in Court immediately surrendered:
Mr. O'Brien, it was stated, was ill, but had left
directions to
be sent for if wanted. He soon appeared in a cloak' looking
unwell and despondingly. of
Frederick Davidson and William Barker were cotivick—
a riot, and going about with many others, on the 12th of .0"
gust last (the first day of the sacred month) to various
and compelling the hands to turfsout.
James Leach, who had pleaded not guilty to an indictmentcharging him with the illegal possession of arms, withdrew
his
pica and pleaded guilty, and was discharged en his own reeeg;
wzance in 2001. to appear and receive judgment whewpcille t!
upon, and to keep the peace for two years.

B 9
ROYAL BCTANIC SOCIETY.—The Royal Pr
tanic Society of London exhibited the designs sent in by the
various competitors for the premium of 501. offered by the-
ciety at their rooms, 49, Pall-mall, yesterday. On tbis_loZ
sion 18 plans were displayed, among them two of a 1.-.;„,is
curious description excited our attention ; they are pr Sec ply
of the Globe. Others are very ingenious, and many are big bathe
finished. We observed among the Flowers that decorited.t.
rooms, several fine specimens of that rare plant, the' And,rhe
meda Floribunda, from the gardens of the Society to
Regent's Park. The exhibitors were Messrs. /Won, PAa'n;
bridge, Bartholomew, Billinton, Cheffins, Essex, LPi":
an
Laxton, Nicolay, Merral, Papworth, Russel, Stuteley, Thomr,-
son and Watson, The company seemed highly interested,
we are happy to that the Society is likely to prosper.
DEATH IN A BROTHEL.—On Wednesday.°
inquest was held before Mr. Carter, at the Sea Lion, W°°t't,,en;
street, Lambeth, on view of the body of a master carge_nwa;
who lived in Queen's Head-passage, Newgate-street.
!lea
married man, but for the last two years had kept up at: intent
course with a female. On Sunday evening last they allad
nine o'clock entered a brothel in Lambeth ; but deceased
scarcely seated himself before he fell back, and almost inirPe
diately expired. Verdict—Died by the visitation of God-
u
Tom C— was eating oysters. He took ()nt
into his
resolved to swallow it. On taking another in its she"
a bystander remarked, " Tom, that is a fine native.'
said, " I'm mighty glad of it ; for the last was a settler.''

ling
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Pamphlet of T. COX SAVORY'S Prices of Silver P",,..1,
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The ground floor, first, second, and third floors are fitted
for the exhibition of an extensive stock.

T. COX SAVORY,
Goldsmith, 47, Cornhill (Seven doors from Graceehurcir

street), London.

--Fiil C-
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smiths, 14, Cornhill, London, opposite the Bank of Mg:;siclie
The best wrought SILVER SPOONS and FORKS, l'' t •
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ounce. The following are the weights recommended, bu..e.
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oz. a. d. f.: A. 0
12 Fid,lle Pattern Silver Table Spoons 30 at 7 2... ~`' 3 4
12 ditto Dessert ditto 20 7 2... , 15 8
is d.ttu 'table Forks 3O 7 2... ~i° 3 8
2 ditto Dessert ditto 20 7 2.** iil ti
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1 ditto Soup Ladle 12 7 4••• 114
4 ditto Sauce ditto l2 '7 0." 9 a °
4 ditto Salt Spoons (strong gilt) ................ „, 5 0
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1 ditto Fish Slice .. 9 8
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12 ditto Tea Sroons l4 7 it)".
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BIRTHS. 151 • uterlOt
On the 3d of February, at Benares, the lady of L'e won.
John Kingston Phibbs, 41st Regiment Native Infantry, ;:grnipg-
On the 4th inst., at Southampton, the lady of E. J•
ham, Esq., of a daughter.

MARRIED.
On the 7th inst., at St. Pancras Church, Thomas
of
Esq., of Bristol, to Mary Anne, the eldest (laughter ef the f
John Collier Ward, Esq., formerly' of Loc' blade,
Hounslow, surgeon. Ea
of
On the 7th inst., at Speldhurst, George Bayley, t
Montagu-street, Russell-square, to Mary Anne, eldest ea`Vells•
of John Carruthers, Esq., of Mitchells, near Tonbridge
On the Bth inst., at St. John the Evangelist, Westminjdeest
Mr. Frederick Hayden, of College-street, to Sarah Ann, e
daughter of Mr. Henry Wood, of Prinee's-st
latterly 0

DIE.
On the 7th inst., at Brighton,D
Emma, the only
daughter ot the late Admiral Sir Albemarle Bertie, Bart.
Thobi
On the 16th of February last, at Calcutta, George
Prinsep, son of the late George Prinsep, Esq., of that place'
Thomas
On the 26th ult., in Somerset, Thomas, eldest son of
Honle, Esq., late of the East India House. W. C.
On the 4th inst., Amelia, daughter of the Rev.
Totton, aged 4. Eca..
On the 4th inst , at Taunton, Peter Martin Carey, - -
aged 82.
On the sth inst., at Kennington, Mrs. Hannah Holmes,
aged 69. surviving
On the 7th inst., at ford-hill, Ann Bovans, aged 55'
On th e 7th inst., MrStam. Richard Il kl f Vttle Earl-stleet,
oc y, o 1
Sevensp n t
he Dials,7 t h agedinst . 5,
tilt,. ifnasrt.3,loant
9lienjaminßailey, Esq.,distiller,
Cobham
row, aged 57.
Anna Letitia, wife kor-
farOshnirot,heM7. of Patrick Chalmers, Es of Auldbar,
____.—......
tHroasenhbuurryghHs.all, Woqr.c,catershire, Jessie

Lo don:
Printed and Published by MITRDO YOUII
No. 112, Strand, at The Sun Office, No. 112, Strand the
county o flUiddlesex.—Thursday