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

EVEN ENW SUN

LAW INTELLIGENCE.
VICE CHANCELLORS' COURT, Dec. 7.
(Before Vice-Chancellor WIGRA M.)
3720ML1N t'. TOMLIN.
The argument; in this cause were brought to a conclu-
sion. His Hbnour ordered it to stand in the pap,:r for
judgment or. Thursday next.
(ILefoue Vice-Chanceller KISNIGHT BRUCE.)
TULLOCK V. HARTLEY.
The hearing of this cause was continued the whole day.

COURT OF QUERN'S BENCH, Dec. 7.
BREACH OF PROMISE OF MARRIAGE.
DAnnoN V. ROSSER.
Mr. PLATT (in continuation from our Afternoon Edi-
tion), said—On the 4th of September, Mrs. and Miss
Darbon, and'Mr. Rosser made a party to go to Milton, near
Gravesend ; and on that occasion the dekndant, who
paid the expense of the trip, said how happy he felt
in the anticipation of the coming nuptials, which
should be celebrated as soon as the year after the
death of his first wife should have expired. On the 31st
October, 1837, he again wrote a letter to the plaintiff, in
which, after desiring to know the reason- why she ex-
pressed her apprehensions of her unworthiness of him,
and his belief that more perfection could not be found in
w human being, he went on to say, "I shall come
triiven to you on Friday, and stay till Monday, and talk
all matters over. I shall take the sacrament on Sun-
daes, and I hope tb have your. mother and yourself
on each sidle of me to join in that beneficial
tepast, as a fitting preparation for another holy sacra-
telent;" and lifter a great deal in the same strain, he
concluded by swing, let us set our house in
order, in order teat we may establish ourselves as
tabernacles for the entertainment of' the Holy Spirit."
.t appeared that when the plaintiff and her mother
and sister came to town, their circumstances
were such that they could not afford to lodge in such
expensive places as Red Lion-square or Ormond-street ;
and accordingly, with a praiseworthy prudence, they
took lodgings of an humble character, better suited to
their circumstances. This, however, did net meet with
the defendant's approbation, and accordingly, in a letter
dated Nov. 21, 1837, after stating the great anxiety he
had endured on her account, he says he is glad to find
that bath herself and her sister felt an aversion
to the lodgings, as he did not consider them
sufficiently respectable. He then went on to urge her
to be of resigned mind, of cheerful pious habits ; and
expressed his belief that she was the most innocent-
hearted girl alive. He concluded by saying, " You are
in my thoughts from morning till night. Cheer up, my
best beloved, be happy." To that letter there was at-
tached a postscript, in the following words :—" When-
ever you wish to indulge your feelings of loving-kind-
Tim towards me, do so copiously. It is balm to
my soul."—(Great laughter.) In a letter of the.
24th November, the defendunt said " I hope to come soon
and seal the mutual assurances of our affection on your
sacred lips. We must regulate our minds by a pure and
holy train of thsought. I beseech of you to read often
the sacrament Of matrimony, and I will do the same, that
if *it should please Almighty God that we should
enter into that sacred bond, we may be found
worthy of it." Various other letters pawed between the
parties, to which he would not draw their attention, until
the 18th December, when he wrote a letter, beginning,
"My dear little angel love." In that letter he ex-
pressed his intention of marrying her as soon as " the
period shall have elapsed in which, according to custom,
an unfortunate widower or widow can contract such en-
gagements, without subjecting himself to unpleasant ani-
madversions." He went on to state that he fell
convinced that they purely and holily loved
each other, and that the plaintiff was a model,
both in person and mind, of a being calculated to make
him happy, and urged her, in all her trials to put her
trust in the grace and holy spirit of God. On 11th
February following he again addressed her " My dear
affectionate Sophia." In that letter was the following
passage :—" I hope the affection I feel for you is not
assimilating to idolatry, for I believe you to be the most
honest-hearted, inartificial creature in England ; tell me
your whole heart's desire ; get religious habits ; offer
up your whole soul to God ; I pray to him for our
mutual guidance. If you were a giddy-minded girl, I
should call myself an old blockhead ; but, knowing you
to be what you are, I am convinced that God himself
will approve of our unions Do not be agitated by the
sneers and irony of any, because you have induced an
elderly man of experienced Christian principles to love
you for your own sake—a thousand kisses to you." On
the 24th of the same month he wrote to her, stating that
he should be greatly distressed- if he were not permitted
to make some manifestation of his affection for her, and
that in order to do so he had transferred 3001. Con-
sols and 3661. Three-and-a-Half per Cents. into her name ;
that he had preferred adopting this method of making
her independent, in the event of his dying before he
should be enabled to marry her, to leaving heranything
in his will, as in that case his daughters must know of it,
and might look on her with anger." This money it
would appear had been thua invested during the time
he was compelled by decorum to remain in widow-
hood, but it must be manifest to the Jury
that on his marrying her the money would
',via become his own. In another letter written
- about the strtne time he said he had sent her pencils and
drawing apptratus by the Chcrtsey coach, and expressed
a hope that she would take him as her pupil. The next
letter to which he should dm the attention of the Court
was written on the 2d June. 1838, after the expiration of
the twelve months from his wife's death. In that
linter in aeknowheiging the receipt of one from her,
i.e said, "I took it from the postman at my
own door." "It seemed a cerdiat to my heart."
" I kisFed it all over." " I acknowledge the kind
effulgence of your heart." • " I think that the ex-
pression of my love is a conduit to your dear
bosom." "Accept my best affection." The next letter
was 17th August, and begins, "My. dearly alel truly
beloved Sophia." " are the last thing in me
eAning, and the fhtstslhing in my terming thim;,;lie'
He then went on to say, "We mutually deserve a
union of our hearts and souls; a mutual bond of aff;.,ction,
not for our present gratification, but to bring our hearts
and minds into such a gate of re,endated and pious disi-
oline as may be pleasing in the sight of Almighty God."
glle then went on to express a wish that she might be •
come a vessel of honour and piety, and thus complete a
seraphic, serene, and angel-like curse. A considerable
period had elapsed beyond that which he hiinselfhail. fixed
for the performance of his promises, and, as might naturally
have been expected, some uneasiness was expressed by the
young lady and her friends on the subject, and he was
urged to declare explicitly what his intentions were. Ac-
cordingly, in .the letter dated September 3, 1838, after
expressing his distress of mind at her letter, demanding
from him a plain " yes" or "no," he states that his state
of health is declining, that his daughters are averse
to his again marrying, that lie shall ever regard
her with feelings of amity and friendship. Two
days after that letter he wrote her another, stating
he felt that she was essential to his happiness, and that
he was determined to take her for better for worse, and
containing the following couplet—
".in spite of all my friends cin say
My dear Sophia has stolen my heart away."—(Laughter.)
The letter then went on to :says that he would arrange
lin• the sacred ceremony as sou as they should
come to town, and concluded with these words
" Keep you own secrets, and you wi!l rise as a
nhOmie or an angel."—(Loud laughter.) On the 6:li
September defendant had even the plaintiff's mother, and
she had explained to him the stitfi,rings which her dangle
ter hind experienced hi consequence of his vacillating
centime. lie then stated to the mother that the marriage
should take place before the expiration of that year.
On the 14th, however, lie wrote another letter,
beginning, " lay dear Sophia," in which, after making
complaints that he was unwell, that he was
troubled with cramps and spasms all over, that the weather
was cold, and his daughters were ailing, he said, "I tun
fighting ag,etnst hope in my wishes respecting you ; all
I can do will be to improve your finances,
and manifest
my elks:lion to you in that way." So that eight days
after declaring that the marriage should he celebrated
before Christmas lies wrote a lstter declaring entirel' off.
In that letter hu aid, o She
-0, his Hearts' best
affections for her welfare, but that it was useless in his
present dethroned state to think of marriage, and thev
must submit to what, Almighty Ged had been pleased Co
order ;" so that the Jury would perceive he attributed
hie refusal to perform his promise to the interference of
-the Almighty, instead of to his Own vacillation.
Out the 16th of September • he wrote, another
-letter begining "my dearly beloved Sophia,"
stAd stating how great a relief it was to his feelings to re-
ceive her 'kind and aflisctionate hitter. It then went on
to forget you, cannot
reply say, "..Is4with your requesti
m Oates
reply ; you are too engrafted on
*Vs one. Place y()a
us a child, and would succour yott
Christ ," and chee your
hopes in God and his Son Jesus .
to have bent
went on to say that lie at one timehopedsuch
a casket, eea7al
happy in the possession of
ather such a pious
that he might have been permitted to e m
nosegay.—(great laughter.) The next letter was of
the 18th September,
and
;vas in a chiles ent strain.
It began, s" Miss Sophia Darbon,', a"(
"1
him,
1848,
1 • weased his
surprise at the great injustice she wasdoing
and proceeded to say, • " Remember t develop
gents c eveop
ments von made to nee eat the outset of our
ikintacs: respecting a certain pretheate, w
u° s3id, was annoying von, and other matter.- ealenlated
to excite inv sympathy iii yOur behelf." The letter
concluded- with saying--" tee wish the
spoiidence to cense, eense to reply to this blies.
the 26th lie wrote another letter, and in the interim
aPPeSTOd to have changed his mind. It began "My
dear Sophia," and stated that he had had some serious
conversation with his daughters on the suhject of their
union, and that they were impacifiable, that he thought it
not improbable that one of them might write a letter
to her on the subject, • and that should such
an event take place he desired that she would write to
his daughter the reply which lie enclosed. If that, an-
swer should
be put in by the Counsel for the defence as
evidence of' the conduct of his client, Ise should have an
opportunity of observing
upon it, and characs
tensing such conduct as it deserved. That let-
ter showed that ho again endeavoured to • re-
vive the hopes
the lady. On the 18th of December
So
he at
hiaeain sent
and addressed her " My dearly- beloved
p ;" .
in which, after expressing his unalterable
ffecti •
a on and devotion to her, anti deshine her t look u
to heaven, which • "' P
would consider them as conjunct
hdev estith otees to its will, he said, " Take care of your
and get stoutish, for the marriage state
requires health and strength.—(Roars of laugtery I
take every pains and care with n • "—(Continued
laughter.) On the Ist of January following,
in 1839, he wrote her a letter, leeg.
ai h, at ;an;
S °gin ," in which, after eapressinsslals adlls e
estre to ire on
terirs of friendship with herb he said, " Believe
me, my person is not worth a pin's hen(;" and
he concluded by telling her that, although. she seemed
not to care for his age and infirmities, she had better
look up to heavenly things than such an old worthless
trunk as he - The correspondence

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