The Sun.
London, England, 1824-12-07 00:00:00

• nit r • T • '
t.„, ,4,4i416 Ll\ GE.
COVRT OF OpANCEILY, DECEMBER a.
.01,EltA-11017.5E.-EBERS v. pENELDI.

. The liat, 13- axct Lr.ort had before given it as his opiniOn ,
that the plahtifr could not succeed in hot •motion for the ap-
pointment of a manager and receiver, without in .effect releas-
mg the Marquis of Hertford, and the Hie.; gentionten. con=
cerned in the bonds, from the obligation of their sureties.
• .111 - itattT now stated that he was ready to take the chancos
of the'rnotion,. with the condition only that it should be taken
withourprojudfee to the legalliabilities of the'sitretie&
The Loup Cfriorcrmix it, repeated a'part of • what he 'had
'urged on the last hearing, that-he could not put the property.
miaer Mr. Ebet's management, or that of any other person at
the suit of Mr. Ebers, being also.against-the,will of the other
parties, without effectually releasing thcilifrom their sureties.
•-llgttNE preAed Or the costs of the motion on behalf of
the sureties:
• The LORD CHAT crr.r.onthltght, that as he had been the
slave of. the Okra-louse so long, the. Opeta-houso might well
allow him:till to-Mormii'mornipg to determine upon these costs:

BCAKFAT,ORE v. GY.A36lthAl'arllir. CAN At..
'nerOtor the-time Was taken try in hipmenfulionit motion
to dissolve the injitiletion, by which the plaintiff withholds from
the Company, thepowti of widening anti deepening altogether,
and-instead of it, to direct an issue at law, to try_, Whether the
operations of the Company arc or are not within tile prohibi-
tions and provisions of the act of Parliament. npan which the in-
junction waas first granted.—Fnrthet hearing to-morrow.

COURT OF: KING'S BENCH, .DEcEsratiln G.
' • ..- :cnItEACII'Or.I)IIOMISE OF MARKEIG.L.
• wrrAitTort L. Lt:wrs.
Mr. Bitotto HAM stated the case to the JUry. It bad never
fallen to his lot tO'state;* to', hear stated, a ease of this na-
ture, whose circumstances called more feelingly and power-
fully upon their commisseration for the young woman, and re.
probation of the other party. The plaintiff was Miss Amelia
Wharton, a young woman, daughter of a very respeetableman,
who had retired on a very competent fortune. lie had kept
an inn in Berkshire, and -bad retired to Warborough in Ox-
fordshirc. daughter had been brought up with great
care,- educated With strictest morals, and possessed great per-
sonal artractioni. Unfortunately she: had become acquainted
with Capt.. Lewis, for.he now was a Captain in the Madras-
• farrttyo lie had been at home on leave. The Learned t:ounsel
detrdied the circumstances which were afterwards proved in eri- •
dence,-'l.ll o • had never heard ea -family who wholly conducted
themselves with such entire propriety. as that of the plaintiff....
The defendant was son of a very opulent man, who had retired
r from busineSs ip this town. lie was' hiaself in the waylof very
high promotaan: When the plaintiff":; want of fortune was
stated to the defendant, he said, " Understand at once, that
fortune is not my object." His father said the manic. Yet the
-breaking oft was not unconnected With mutters of fOrtune. It
was extremely unpleasant to read in. that Court letters only
interesting •to the parties but he would read some passages
to show the unrestrained attachment of the defendant ;
" My dearest 'and beloved Amelia—Without yott, I' am.
wretched. You are necessary to my. .existence. No one luta
ever felt what you and I have felt, 4c.. &c. On one occa-
sion he signed a vow, and urged her to sign it too, , She did
sign it. tln a Sunday Morning he addressed to her such eX-
pressions as these :—",l-cannot better employ my time than in
.writing to you. 1 have been wretched all night. I dreamt
you were near me. I feel wild ; I Canna( write. only,
consolation is reading, your letters."' Prom a most malignant'
and spiteful anonymous aceount.sent to his father, his friends,
who had highly approved from the first, made an inquiry for an
-instant, and but an instant. The falseitotal 'WM equal to the
malignity of the anOnvmotta slander. All his friends received
her as. his intended wire. • •

Mr. f3Rouus axt called the following wimessesa-s.
Mr. Henry' Wharton-1 am brother of plaintiff. I reside at
Walworth' and am clerk in the house of Messrs. 4:4lvn and Co.
In June, last. sfear, tVesalant came: to my house, the iirst time
I saw him. Ile was introduced by Mr.. Hodson. A party
was made for Vauxhall, on the 18th of June, consisting of the
defendant, .Mr..llodson, my wife, my sister, the three Misses
Lewis, and myself. The same party were at Fairlop Fair, and
afterwards again at Vauxhall. I asked Mr.-Hodson to stand
sponsor for my child. I believe Mr. Lewis made the offer.—
Alr. Lewia.did stand, anti the child was christened Amelia Lewis
at his desire. After this, about two days, he avid he was so
seriouslrin love with my sister, he wished to make her an offer.
I told him my sister had no fortune, at any rate till the death of
my father, and.l ilia not know what she might have then. Ile
saal fortune was not his object—would she have her outfit P I
said I had no doubt of it. At another period, I-said he ought,
in hileircumstances, to get (i,OOOl. at least, and,l wished never
to see him again. Ile repeated, as before, that fortune was
not his object; he was very miserable, and did not know what
to do ; he called - again, and brought a note front my sister ;
he seemed very happy; it was because he was accepted by
my sister; he continued to visit at my house; the plaintiff ti
father lived in Castle-street, Leicester-square; my sister wits
living with me; old Mr. Lewis was a hosier and glover; he
is now retired from business; I called upon him gonad days after
the note was brought to me by Mr. Lewis to Lynie-street; it
was in July, 1823 ; I supped at Castle street when Mr. Lewis,
the defendant, was present; the same statements were made
then ns With the defendant before; I told Mr. L. she would
have no fortune, but .1 believed she would have her Outfit; he
.said they seemed very fond of one another, and he hoPed, they
ivould be very comfortable. At all events. be could do no
inure for him. An invitation to dine at Castle-street was
not accepted in consequence of the anonymous letter sent.
The defendant had called and spewed the anonymous letter.
I said, " Mr. Lewis, satisfy yourself; I'll give you every
reference." : He seemed as indignant as myttelf. I referred
hint to the person whose name was mentioned in the letter.
Ile said, next day, he was perfeetly satisfied of the innoetnee
of my sister. 'My father came to town, and we saw old Mr.
Lewis on the subject of that lett.A.. Defendant was nut pre-
sent. We staid to supper with old 111r.' Lewis-; the engages
meat went on as before. On the Wednesday after this, my
wife, my brother, his wife,. my sister, my father, anti my_ dined there. The defendant was there. My sister was
received by old Mr. Lewis, Mrs. Lewis, and the defendant, as
his intended wife. They treated her very kindly. Mr. and
sirs. Lewis wanted my sister to go to Airs. Manaard's with.
my
obit:Lt.
them. Aly sister went. The' defendant was of the party. My
brother George kept the King's Anis on the other side of
I•lAhliaidecilbeeeearsf;illyle3ll')Wirodegbilefen/Gai George's rs g visit
eh 't tip
se r staid
the
King'slbv ietrial eremeti Als Early
set in
hs.
Itieltrilvieweniol to leer, u
an
off than ito itaisviiimiltylioddilogtoliittaatt
any
yle
feared
elertt.tifoleeniolciulfatelidodt:ftebotieltitlt
er He said nothing could induce him to break it WE—.
My brother became bankrupt on -the 20th of December. -In
the. cease af this year I said I should be entitled to coma-
derible property in five years in right .of my wife, and if his
father would advance 200/. I should-pay inter:en at 5 per cent,
mid in a few years repay the principal. This. MO early in Ja-
nuary. Ile :teemed' mach pleased, and said he would inquire of
his father.. I called on the 12th of January with a letter which
i had received from toy lather. I told old Mr. Lewis that 1
came to aid. the reason of breaking with my sister, end handed
hire the letter. He rend it in the most callous manner. I said
I \ewed horsewhip. his son wherever I met him. Be said he
w,;tdd see. we to Ltow-street ; I said I wished he would. He
s,tits I,e,would send for his son. lie was sent for and came. He
walt;ed up welly to the fireside, as if nothing btu! happened.—
' was so exitsperat4 that I could not speak. My brother
eleorgo Mr. Lcwiat I address myself to you. %VW you
Marry my sister if the outfit is provided, as that seems to be the
only objection to the marriage ?" The defendant said, After
sisterhas been in very
what has happened will nor marry her." Old Alm.. Lewis
with tears in her eyes said, ; she never saw a Lady she would
like better to be lice daughtinsin-law, and she hoped it. ould
be arranged. bad health-ever
She. is now with iny' father at Warborough, in Oxfordshire.--
She lived with inc ve months this year ; She said she. had
50,000/. she would lay it at his feet.
George Wharames-The defendant and Plaintiff were at my
!anise three weeks in September, •.and nearly three weeks at a
subset -period. lie pressed for- a private marriage, he-
cause. his friends wished it to be put oft till the eve of their des
paeture for India, to prevent inconvenient consequences during
the voyage. I decidedly declared I would not •suffer it. ,My
sister wax extremely- ill, and her mind wandered. .At the time
I asked defendant whether he would marry her if the outfit was
provided, T Bold him she wits so ill, anti if he had' a spark of
Iminanity he would come to see her. lie said, quite coolly
(turning his back to the fire), he was sorry for it, but he could.
not help it. I said he was a great. scoundrel.
William Wharton, father of the plaintiff: When it was com-

municattd to her that he broke off, she fell On a chair Cold and
stiff. ttihe'lay for tau hours to all appearance dead. When
she-reedicred from than state she lay in:bed quite delirious—in
fact, raving marl, She was kept in bed only by force. This
4' its for tint clays. ',The threw herself on her knees, address*
me as 141r..tewix. 'She never knotYme at 'an. She Is extremely
illxi thisnoplent.. •
By Nr, iSpAn LETT—The mortgage of my house vas 1,000:.
I have one unfortunate son, James; he was committed as a', vagrasit•it ;July, 1823. He threatened to murder his sister:
There •wita no prospect of marriage aftcr.this was broken oft L
believe-/ might have said she deserved to hare her legs cut off
ifshe dirt marry a clergyman who visited her. This was about
the month of March last.
_ _

. .
AU. henry Wharton,the first Witness, was then called again',
and re..eantined. His -itiSter never gave him authority to write
to tiny one in Order to injure the defendant.
The, documents in writing were then read. The first Was d
piece. of paper in the defendant's owu hand. writing ; on one bide
was written—

MylieloVed end dearest Amelia—God bless her, and rant
she may live manyyears to bless and make her Willy happy 4
Wit) eut hers life is a blank."
Or the othc Side the paller were the folleiving Words
George fredenniek Lewis and Amelia Anti
Whartonehereby most solemnly promise to be true end faith.;
fug to each other, end that nothing but death shall prevent
their being-Uhited.°' • W. G. T. LEWIS.
Maidenhead. September 5 1823."
The following letters were then read:
(Post.mark)" Sept. 19,1E23, Castle-street, Friday morning,
y dearest and beloVed Amelia—without .you I am
wretched e miserable beyond descrintion. I know not what
to do, or where to go—l can no *here find my ;Willy. I must
came down to- you, and you must come to town_l. feel you
necessary-tO my existence. Oh my dearest Mill; ego not blame
me if I come—l never can live without you-1 ant almost wild
—what shall I do ? one, 1 ant, sure, ever tilt what you
-ad .1 have done—it impossible. 1 hope to - have a letter to-
morrow. God bless you, my dearest beloved anti truly .atfer.
,donate .31t11„ and believe ate,. my 'dearest, Mill, your afrec»
tionate and devoted " WILLIAM LEWIS.
" I hope your face is winch better."' • '
In-pencil (no date) and ,supposed to be written at G. What,
tees house io September.
' My beloved Amelia% I am very unhappy ; comehiy love:
quickly, and .let me again press to my heart your afreetionate
.bosom. Poi-give:7ol my past' unkintinestaa:, which I know
are many,
.and never again will 1 be the least angry with you.
You are, too 'necessary to my ekistenee. I live only for you ;
-be assured, - blessed, I shall be too happy to merit the
name of ait'ectionate husband, and which wilt ever he the study
of your truly devoted and affectionate " WILLY."
Mr. Se Ait LI:TT then ',addressed- the Jury for the defendant.
When they should. hear the plain Unvarnished tale he had; tee
- relate, it would appear that it .ens not a case tor damages., amt
• that the dendant would be entitled to their verdict.
fend;,nt was the son of Mr. Lea* who had been it hosierlifitt
the father of fivoechildren. He fitted out the &fondant as in
Ensigal, and he some horn his regiment with no more than an
income of 7914 'per annum. Ile came home 111, and ryas entitled
town additional sum on that aceount,. -raising ltis pay iMm''7ll!.
to 0/. It wouldiappear from that statement of his atiltirs, how
much the plaVntiti -,must have lost by not tnarrYiug him. The
plaintifrwas '2.1 or:'rc, and Much older than the defendant. lie
.6rst.saw her at Vauxhall,- and secondly-at Fairlop Fair. She
'made so much impression oft the young soldier, that he was dis»
posed to surruider M.discretioh.. 111 r. Lewis NCH. hating [wen
told of theintended niade nn inquiry. Ile found
young-lady lattitever•boeteenvof her father's house, except to
visit her breflora, orto go.to A wateritig place. Ile knew that to
'Wee Ws son a• Wife. who could not. be introduced to the best so»
cletY;lia 'lndia would he his ruin. Whilst lie was deliberating
upon 414 nature of the 'connection, he recelYed uu anonymous
letter, which-stated that the planuitl'had come to town to get
the situation of bar-maid. It was then quite impossible that
Mr. I:owls could consent to the mertiege.. The yonnA man
. some time after, in the couse of iriS 'visits, found a piece of
paper in her possession which appeared to he an advertise.
ment for u bar-maids place. He was struck with the dr-
cumstanee, hat it was explained away, and he thought no
more oi' it. It however. appeared that .it had been an adver-
tisement to procure a place for the plaintiff, and that the was
Actually em;aged by Mr. Mivart, an hatel-keeper, with whom
.she remained .but one day ; however, the defendant then found
it was impossible .to. marry here No said accordingly that
after so much deception had been practised be would not
marry her. After the 19th of January, when'thefruivs took
place, they resorted to threats of tallying wait in India, horse.
whipping, end other Measures not likely to induce him to sub-
tnit. Atter the -refusal to marry she did not .seem unhappy ;
she appeared attractive, and a Clergyman offered to ninny
her. He thought her an innocent girl, well brought up, but
lie was deceived, and expressed his disapprobation of the con»
duct of Mr. White in having introduced him to such a person.

Several witnesses were then examined for the 'defence, and
•amongst °them—
Mr. William Lewis, father of the defendant, said be heard
that his son had formed an attachment for the plaintiff in June,
1023 = bia eon was an -Ensign, at 701. per annum returned
home in consequence of illness, and had 951. a year (luring his
absence ; the witneas, at that time was in trade ; he remem.
bored. Mr. Wharton coining to say hiS son either had, or was
about to make Miss IVharton a .peoposel• of marriage the
witness said his son ,was not capable of keeping a wife ; be
was only an Ensign, and having already cost him 1000/., could
expect nothing more from him as 'Ong as be lived ; he
told him the expence of sending a wife to India .would be
4004 Mr. IVharton said, that of course should be paid.. The
winless " Perhaps you will alloW me to V4-ic you how
your sister has been educated ?" Ile said, she littl received a
liberal education, and was flt to be a Queen of India. He then
asked what her circumstances were ? The answer was, that
her father had retired from business, Was living on his pro..
petty, and she being a favourite' daughter, would have more
than any other child.' Two days after that interview he received
ran anonymous letter.
The letter was read. it purported to give him the character
of' Miss Amelia Wharton. She was said to be a milliner at
Oxford, in partnership wiih a woman of bad character. She
had been a bar-maid, and a ahop-girl in Wales. lie. gave
tho father the anonymous letter to find out the author. Henry
Wharton came, and wanted. to have an' explanation about.
breaking ()tithe match. A lett& wits thrown on the table, and
Henry Wharton said, You see by that hol ill toy sister
He.then said, now, Sir, will' you marry my sister,. Witness's
son said,' No; 1 ill not after the deceptions which have been
nractiscd. The witness then said, if you would give your. sister
0,000/. my son should not marry im Henry Wharton said,
he would ruin him when he went to India, if he didnet marry
his sister. j •

Cross-examined by Mr. 7lnotrottiot.-4-10 did not object to
the Match first • he meant to say. the Match was broken off in
consequence of deeeptionm practised :he never mentioned
those, deceptions to old Air. Wharton ; he never assigned those
deceptions as the close of breaking off the,match; he gave
different reason.

John Militia)? 'Marshal, of the University at Oxford.—lte-
membered the plaintiff living at the Blue Hoar, Boar lane,
Oxford ; there wive no appearance of a shop where the plaintiff'
lived ; it was a small house; there was a complaint against the
house ; he never saw young men in the house.

Mr. Mivart, owner of the hotel in Brook-street, said, in eon.
sequence of an advertisement he addressed a letter to Lombard-
street. A young woman came of the name of Wharton. She
came a second time with her brother,' Henry Wharton. The
witness niudenit arrangement to engage her at 201. a-year. She
was to attend the bar. The witness asked her what experience
She had bad in such a life ; she said she had entirely niamtged
her brother's house at Maidenhead. She came on trial Mr one
day, and was desirous of stowing.; but he observed a-disposi.
Lion to flaunt and dress, which induced him to decline her
aerviees. She went away nesftlay.
Henry White said, an old friend of his, a Clergyman, 'paid
Miss. It !tartan attention. ..She was a fascinating pretty girl.
:Mr. Buouonas then replied. It would bejnstice, he d,
to. this unfortunate to apprize. the Jury that every; thing
`others Might' haVedone ought, to Weigh as one feather in the
balance against her. She had not participated in these acts.-'--
A ftet • contemling,.in the , most ablo mantic'', that the attempt
to injure her character had failed, he called upon the Jury to
'give damages which would at least justify her conduct and re-
putatitin.,
The.I4oUD.CtUIEF JUSTICE left the Jury to dealtltt on the
question whether the defendant had been induced to break his
promise by misrepresentation. If lie`had, they ought to 'filld
for the defendant. If net, fax the plaintiff, with moderate
damages. .
The Jury found a verdict for the plaiotiff—Damages 150/.