The Sun.
London, England, 1841-02-18 00:00:00

TILE WEATHER.

ROYAL GALLERY OF SCIENCE, ADELAIDE-

STREET.

NOON. FEB. 18,
Barometer 29'6-1 In.
Thermometer
Highest .. 51.5
Lowest
Wind S. W.—Freezing Point 32 Deg.

PARLIAMENTARY BUSINESS.

COMMITTEES ON PETITIONS FOR PRIVATE BILLS

FOR THIS DAY.
Exmouth Market.
2. Glasgow, Paisley, and Greenock Railway.
3. Wishaw and Coltness Railway.
4. Harborough and Bramptcn Road.
5. Leeds and Wakefield Roads.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, FRB. 17.

(London Sittings at Nisi Prins, before Lord bENMAN and a
Common Jury,)

MARY MARTIIA GREENSTED V. JOHN CHARLES NORTH.
This was an action for breach of promise of marriage.
Sir F. POLLOCK stated the case to the Jury. The plaintiff
was a young woman, the daughter of a widow, who had been
compelled to bring this action in consequence of the defen-
dant having violated the sacred promise of marriage he had
made to her, after having gained her love and affection. He
should be able to prove, by numerous letters, that the de-
fendant had over and over again promised marriage, and in-
deed the evidence would clearly show that, in 1839, the pro-
mise having been made so far back as 1834, the banns of
marriage were published in Lambeth Church. The mother
of the plaintiff had for some time refused her consent, but
at last seeing how warmly, apparently, they were attached to
each other, she yielded to their wishes. The Learned Coun-
sel then read and commented on the following letters, written
to the plaintiff by the defendant :
"My dearest and beloved Mary—l have just heard, to my
misery, the unjust conduct of your mother, and the manner
which it has affected you • but pray, my dearest girl, do not
let it hurt you, or you will break my heart. You know there
is nothing causes me so much wretchedness as to see you mi-
serable, and surely you will not break the heart that is so sin-
cerely, warmly, and for ever yours. Treat with scorn your
cruel, hard-hearted oppressors. It is not they that will do
you justice, but the Almighty will, I sincerely hope, punish
them who are so callous to all human feelings. And is there
not another thing to console you ? I hope there is. You
have my unchanging love ; you know, my lovely girl, you
have it, therefore cheer up and say to yourself, I have one
who will always stand by me, and when the storms of life and
cruel oppression surround me, he will console rite and love me
in the hour of misery. Then why should I grieve when I
have him for my support and his faithful heart for my haven of
happiness.' Adieu my beloved and dearest Mary till ten or
half-past ten this evening, when I hope you will be recovered
and meet me with pleasure. Your ever faithful and attached
adorer—J. C. NORTH.

" God bless you, trust in him for justice."
The parties were nearly of the same age, between 24 and 25.
Matters so continued until ilitskplrbt 'February, 1840, when
the plaintiff was, unfatunatelOcilvered of au illegitimate
child, of which the defciant was the father. He then teased
his attentions, and, in the following July, married another
young lady, his present wife. Under those circumstances Otis
action was brought. There was no doubt the defendant was
able to pay such damages as the Jury might award. He had
been surveyor of the high roads in the parish of Lambeth, and
was now a stone-merchant. The circumstances, in cases of
this nature, were very various, and differed in degrees of fla-
grancy, but he felt that this case was one admitting of no pal-
liating circumstances, and he trusted the Jury. by their ver-
dict, would mark their sense of the conduct which the defen-
dant had pursued.
Mr. Jones—l am clerk to the High Bailiff of Southwark. I
know the plaintiff and her mother, and I have been very inti-
mate with the defendant. In 1839 he told me he was shortly
to be married, and wished me, as his most intimate friend, to
be present in the church with them. He told me lie had pub-
lished the banns at Lambeth-road Church. He once spoke to
me about his property, and said he expected to receive 501. a
year from his father..
The Rev. Air. Peat, one of the Ministers of Lambeth Old
Church, produced the parish register of the banns of marriage,
published by the plaintiff and defendant on the 14th, 21st, and
28th of April, 1839.

The letters ,of the defendant were then put in and read.
Mrs. Mary Greensted-1 am mother of the plaintiff, and a
widow. I have five children. The plaintiff is my eldest
daughter. She is nearly 24. I received three letters from the
defendant in 1835. Ile wished to pay attention to my daugh-
ter. I objected to him at first, but afterwards approved of him
when I found they were so much attached to each other. I
heard of banns having been published in 1839. The wedding
was to have been kept a secret from me, but I understood they
were to be married. The plaintiff had a child on the 3d of
Feb., 1840. I suspected her situation in June or July pre-
ceding. The defendant never. came to my house after then.
He made appointments with the plaintiff up to Oct., 1839.
Mr. TIIESIG ER having addressed the Jury for the defendant,
called the niece and mother of Mr. North, who represented
his conduct as low and the lady's as violent and coarse.
Sir F. POLLOCK remarked upon the aggravation by the
defence set up.

Lord DENiSAW then summed up, and the Jury, after a short
deliberation, found a verdict for the plaintiff—Damages 250/.

COURT OF BANKRUPTCY, FEE. 17.
(Before Mr. Commissioner Horatorn.)
1N RE DAVID CLARK.

The fiat in this case was issued in December, 1835, against
the separate estate of the bankrupt, who was a partner in the
very extensive East India concern of Fairlie, Clark, Junes, and
Co. of New Broad-street; and that firm having previously
failed, in 1833, for 970,000/. .The amount of debt proved and
claimed under Clark's estate was 50,556/. 13s. 2d., on a part
of which 20s. in the pound was paid, and 14s. either paid or
reserved upon the remainder.
The last hearing but one was on the 29th of February,
1840, when a claim was put in upon the part of Mr. Adam
Frere Smith, as trustee for Mr. and Mrs. Falconer, the lat-
ter having married him upon the death of Mr. Falconer, for
principal and interest to the amount of 6,0111. Is. 7d. The
earned Commissioner then gave the assignees time to send
to India for further evidence, which was heard on the 23d of
December last, but as the subject was one of very great im-
portance, as between trustee and cestui que trust, husband
and wife, acquiescence, &c., he took time to consider, and
now delivered his judgment, setting forth that the right of the
husband to administer, and to enjoy exclusively the effects of
his deceased wife, depended upon the common law, the Statute
of Frauds declaring that the Statute of Distributions should
not extend to the estates of femme coverts. In the present
case, then, Mr. Smith had administered to his wife solely for
his own benefit, for it was not pretended that his wife left any
debts unsatisfied. It appeared, therefore, to him that he must
as he should if Mr.
of his wife, and that he must look on Mr. Smith as
consider Smith
claiming question t h ie in same
waythe trust fund as the ap-
pointee n
interest the
the presenceesti que trust. As regarded Mr. Smith, he con-
sidered the result of the evidence to be, that the trust fund was
suffered to remain with Ferguson and Co. with Smith's per-
mission ; that he authorised the money to be so dealt with as
much as the trustee, and that he could not complain that this
was a misapplication, permitting it with respect to his own in-
terest.—Brice v. Stokes, Rep. 312, and Nail v. Pinter, Swars.
Rep. 555. For these reasons he was of opinion that the proof
for interest must be expunged.

THE LATE RICHARD PAGE,
the well-known
Daniel Hard-
ills
with Q.— aDnle(1
o Hard-
castle." authora
sn
tTu l
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fd
tamhy
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Pt
Lettersge Richard
ha do on the
at
thtPage,eerly Currency,
b e Ee
ns
v o,br
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in-
ternal complaint, but, for a few days before his death, it
was hoped that he would gradually recover ; and, indeed,
he bad never been thought in immediate danger. He ap-
pears to have died from complete exhaustion of the system,
brought on by laborious exertions and intense study. His
labours during the sitting of the Bank Committee last Ses-
sion were excessive. Mr. Page was greatly esteemed by
his numerous friends, and though opinions may vary with
respect to his views regarding the currency, there can be
but one opinion with respect to his private worth.
THE COTTON CROP or THE UNITED
STATES.—The accounts received from the United States,
by all the recent arrivals, concur in representing the crop
of cotton as smaller than had been previously calculated
upon; the curront estimate being from 1,600,000 to
1,650,000 bales, whilst some of the letters reduce the
amount as low as thirteen or fourteen hundred thousand
bales. It is very diflicu!t to believe that any such falling-
oft' from the produce of 1839 can have taken place; but
from the determination shown to run down the amount of
the crop, it is probable enough that some considerable
quantity of cotton will be withheld from the market, as
happened with respect to the crop of 1838, when the same
feelings prevailed. The American planters then estimated
the crop at thirteen or fourteen hundred thousand bales ;
and it appeared from the receipts at the ports to be really
1,360,000; but it is now agreed on all hands that the
enormous produce of 1839 was swelled by about 150,000
bales of the cotton of the preceding year, which had been
kept back from the ports, whereby a crop of really more
than 1,500,000 bales had been apparently diminished to
1,360,000. —Manchester Guardian.