The Sun.
London, England, 1824-07-20 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, JULY 19.
JOHN BULL—SHACKELL V. MACAULAY.
The LORD CHANCELLOR, after hearing further argu-
ments in this case, declared his intention to grant the com-
mission prayed for by Shackle for the examination of witnesses
abroad, and an injunction on Mr. Macauley to answer such
questions relative to the alleged transactions as might not in-
volve criminality or moral turpitude.—Demurrers dismissed.

COURT OF KING'S BENCH, Jy LY 19.
LIABILITY OF A HUSBAND.
•
MONTAGUE V. ESPINNASSE.
This action was brought by the plaintiff, a working gold-
smith, against the defendants, a Special Pleader, to recover
491. for jewellery supplied to Mrs. Espinnasse between Octo-
ber and the 13th of December, 1822. The question was
whether the articles were furnished by the authority of the
defendant, as in law the husband is not liable for ornaments
above the condition of his wife, which may be supplied without
his authority.
It appeared from the evidence, that Mrs. Espinnasse was
related tp a family of rank (Lord Petre's), and that the de-
fendant kept not only a town house, but a villa at Twicken-
ham. His practice was described to be considerable, and it
was contended that the articles were suitable to the condition

of 31rs. Espinnasse, who occasionally visited the most fashion-
able circles.

i%Ir..SCARLETT, upon the law of the case, held that the
defendant was not liable.

The LORD CHIEF JUSTICE left the Jury to decide whether
they would presume the articles were supplied by the authority
of the husband. If they could draw that inference, they ought
to find for the 10410'. On the contrary, if these articles,
which were ornaments, had been supplied without the authority
of the defendant, the plaintiff, in law, could not recover.
The Jury retired from the box, and on their return found a
verdict for the plaintiff—Damages 49/. as.
We learn that Mr. GURNEY has obtained leave from the
LORD CHI JUSTICE to move to enter a nonsuit.

BREACH OP PROMISE OF MARRIAGE.
NICHOLSON v. NASSAU.

This wastan actitTnl9;oiiiiTtlly:MiiiiKeliolson against Wil-
liam Nassau, for breach of promise of marriage.
•Mr. SCARLETT stated the case. The situation of Miss Ni-
cholson
had been extremely respectable, but her family hav-
ing been reduced, she went to live as bar-maid at the Castle,
Salt-hill. She was without fortune, and placed under the re-
spectable protection of Mrs. Cecil, who keeps the Castle Inn.
Mr. Nassau came to the Inn in 1822, and remained there seve-
ral months as a valetudinarian. His manners were gentleman.
ly. Ile kept a carriage and one servant. He dined with the
family, and finally expressed himself the admirer of Miss Ni.
cholson, whom he described to be the only person on earth
calculated to make him happy. Ile prevailed on her to leave
the Castle Inn and proceed to the house of her sister in Lon-
don to wait for the wedding day—she was 24, and the defend.
ant 32. After a number of letters had passed, in which he
declared his affection in the strongest terms, ho fixed the wed-
ding day. The whole, however, was broken olFhy her refusal
to receive a friend sent by defendant to propose terms with her,
and postpone the ceremony until he was.in better health. For
this breach of promise the plaintiff sought a compensation. She
hall acted virtuously, and deserved the protection of a Jury.
The Learned Counsel said lie knew no greater loss in society
than the plaintiff had sustained.
Elizabeth Cecil said she resided- at Salt-hill ; her husband
kept the Castle. Miss Mary Nicholson was under her protec-
tion, as her maid, three years. Sbe knew Mr. Nassau. Miss
Nicholson was about twenty -five ; Mr. Nassau was thirty-two.
She had resided eighteen months with the witness when Mr.
Nassau same. He resided with them four or five months, and
kept a carriage and one servant. Ile appeared to court the so.
ciety of the family ; he always dined with them. Vie witness
observed that lie paid attention to Miss Nicholson. The con-
duct of Miss Nicholson was perfectly correct ; she had a su-
perior education ; 'Mr. Nassau spoke highly of her conduct
and mind. The witness considered Miss Nicholson equal to
herself. Mr. Nassau spoke about marriage; he spoke of
clotheaand preparations for marriage. She was a party con-
sulted: and it was generally known by the respectable part •of
the neighbourhood that Miss Nicholson was ,to be married;
she went to town for that purpose. The marriage was broken
off, and the effect on her mind protluced bad health.
Cross-examined -by the ATTORNEY.GENERAL. -- Mr.
Nassau resided in the house of the witness a long time ; he was
attended by medical men; he,was a person of eccentric charac-
ter ; his mother and friends lived in London ; she could not
say he had left his mother's house ;_ she never heard him say he
thought he was a tea-pot; she did not know when he first
made a declaration of love to the bar-maid ; the plaintiff must
have known all his habits ; the declaration, she believed, was
Made in November, and terminated in December. The mo.
ment the intercourse broke off this action was brought. She
had said on one occasion there was not-much of Cupid in the
affair. Ills habits were to have four horses to go up to town.—
She had seen his dinnersent out untouched.
Re-examined by Mr. ScARLETT.—She said she considered
him eccentric and reserved, but never believed him deprived of
his senses. The medical men who attended him were all living.

The letters from the defendant, were then put in and read.—
The first stated that he had discovered the plaintiff to be the
only woman qualified to make him happy as a wife. He was
unworthy of her, but begged she would bestow upon him her
hand and heart. He had no pretensions to honour or titles—
his estates was 7001. per aunum, which he considered sufficient
to provide for their support. Ile describedhimself to be in bad
health, and said he was assured if any faithful wife would en-
deavour to make him happy, it would finally contribute to his
restoration to health. He said he was a Boman Catholic, and
liked his own religion. It came from the Creator. If a Catholic
married a person of different religion, he educated his children
in his own faith. If she consented to receive his hand, she was
not to see her friends in the presence of his. lie was so com-
pletely acquainted with the haughty spirit of his relatives, that
lie was convinced some time must elapse before they would
treat her with becoming respect. lie concluded by assuring his
Mary that his attachment was invincible.
The second letter stated that he wits so ill, that he must ob-
tain advice. He should go to London to get an opinion on his
case, and she should be informed of the result. His purse, his
heart, and all his powers, belonged to her. He thought the
souls of husbands and wives should be so unlimited, that they
should talk aloud • and suffer no concealment whatever. The
third letter called her his dearest love. All he did was in the
sole view of pleasing her, and enjoying her sweet conversation.
' Where'er I go, my heart and mind
" Dear Mary, turns to thee."
The next letter was from 41, Baker-street, Portman-square,
dated September, 1023. Their affection and attachment were
unchangeably sealed. "He had used het most cruelly ill. He
was aware it was out of his power to restore her to peace
and comfort. He informed her that his income of 7001.
was redticed to 4841. He was ill, but' would she take him
with 4841. she should enjoy all at his death. If he could
live to please her he should die content. If he did he made
her his executrix and heiress." In another letter he says—
" Yes, generous gkrl,. I, will live for you alone; what has
passed is gone to oblivion, and in future we will live for each
other." ale proposed to defer their union till after Easter,
and to provide to: her arrangements, he should divide his
means with her, and therefore sent her 10/. If they were to
marry before April he did not think they would have much
iail ng,. ,t
disa
ttheyedo ut are
m2fooatrrhr yeoodfu, rDy
oeaueme
Inu
willsbe e
rmt,el
anlvtBe2wt3ol: lahsmet
to keen house with. He wished her to amuse herself, observ-
the
Oylasoemunelean.:
Whenthat letjn a ieerttilieralth is not so good as it ought to be ; he wished her
to look forward to the. happy day of marriage. They might
expect to be happy— ,
" We live and love so-true."
_ _

He begged her not to torture herself about what the world
might say about her departure from Salt-hill. The injury would
fall on the slanderers. He did not wish they should set up
fcir philosophers,- but they would act to insure their own
happiness. lie concluded his letter 'at Cicero did one of
his, " I order you to be in good health."—On the 27th of
December he complained of had health. His powers of body
and mind-did- not enable him to see her. Ile wished to ad.
dress her upon 'the subject of her union, but was obliged to
beg her to see his friend. Mr. James Butler, who would
arrange between them. Another letter regretted that she
had not consented to see Mr. Butler, for the purpose of
cancelling their contract. lie was assured if she had seen
Mr. Butler, that she would have seen the necessity of aban-
doning the union proposed..' Had she seen him, she would have
done much good, and have entitled herself to his gratitude.
As it was, he believed she had beeen influenced by self interest,
and in communicating his correspondence, she had proved she
had two wings' toiler bow. He left her to her own reflections.
The ATTOUNZY-OENERA I. said, ha appeared to protect the
interest of the defendant. His family were desirous that what
was fair should be done. His client had but little power to
watch over his -Interest and concerns. He could not deny that
promise had been made and broken, but the Jury would de-
cide what the plaintiff, having a knowledge of the condition and
property of this unfortunate ()deadpan was entitled to receive
as damages: Could they believe this female had suffered in
point deflection ? If is Learned Friend had represented that there
was the sincerest affection between these panics, and that on ac-
count of the wourid she had received, she came to ask for da-
mages, but could they doubt that the real object was to recover
a compensation. not for injury to her feelings, but pecuniary
disappintment ? The unfortunate defendant, living under
the most eccentric habits, and attended by medical men, must

have been known in his habits and infirmities, and the Jury
would say whether the plaintiff was able to form a love con-
nection. The defendant, in his letters, said he was so feeble,
bodily and mentally, that he was bliged to postpone hiS
marriage till after Easter. What could she gain by such an
union ? and if the Jury thought the heart was out of the ques-
tion, they would no doubt suppose damages of the smallest
character would be sufficient. They were not to suppose
that, because the defendant could write coherent to a cer-
tain extent, that his views were rational. .His incoherent
moral lectures, mixed up with love, were sufficient to con-
vince them the plaintiff was under circumstances which made
it proper for her to consult the friends of such a person. What
could she say when she found him, in pencil marks written at
Salt Hill, making her sole executrix and heir of his property?
Could a bar-maid at an inn have been likely to promote the
interest of snch a person by marriage, and could the Jury
doubt that the dissolution of the contract had been of advantage
to the parties themselves. Mrs. Cecil. had properly said there
was nothing of Cupid in this transaction. A man worn out
and unable, without extraordinary stimulation, to find his
way to Charing Cross to see her, could not be considered
a person fit to marry. On the subject of the property, the
Jury would never give it from this unfortunate Gentleman to.
the plaintiff. A man who could not marry without three
months preparation was not likely to act upon the supposed •
contract. This was a money affair, not an affair of love. At
the moment the negociation broke off, Messrs. Lucas and
King, attornics in the cause, were introduced by the plaintiff;
for the purpose of recovering damages. The Jury would then
ask, whether money alone was not the object of the cause ?"
If so, they would decide, without doubt, that she was not en-,
•
titled to damages.
The LORD CHIEF JUSTICE summed up, and the Jury
found a verdict for the plaintiff—Damages, 500/.

COURT OF COMMON PLEAS, JULY 19,
SOULBY v. DUNN.
In this case the plaintiff, who is a printer, brought an action' •
to recover the sum of 401. from the defendant, who is an aucJ
tioneer, for work done and goods supplied. The defendant bite
tendered one half the sum as a fair remuneration for the work
done, and the question now tried was whether the whole charge'
was just.'' The bill was for printing the defendant's catalogues.
A number of printers were examined on both sides, arid coil./
tradictory evidence were given. The bill was greatly increased
by the extra charges for corrections. In one item the charges
for corrections were greater than the charge for composing,:
A printer who was 'examined on behalf of the defentihni,
said that this larger charge for corrections was almost an Wl-
possibity. During thirty years he never knew of such a thing
as the corrections amounting to more than the original corn*
position.
Mr. Sergeant VAUanAN—The extent of correction depends
of course on the extent of the whim, folly, and caprice of an
author P—Of course.
Sergeant VAUGHAN—Then you mean to swear that from
extensive experience you have formed correct average of the
extent of the whim and fancy of mankind ?—Yes, I have.
Sergeant VAuGHAN—You, perhaps, have got a graduated
scale which you can apply on occasions.—l have a scale, but I
don't always apply it.
Serjeant VAtiomor—Then ybrr are a happy discoverer. The
Learned Serjeant dwelt on this testimony, and said that the
witness should take out a patent for his scale ; but it was fur
the Jury to say what dependance they placed upon it, and whe-
ther they would weigh the profound Gentleman's presumption
against the positive assertion of the fact by the plaintiff's wit-
ness.—They Jury foUnd a verdict for the defendant.

LON DON

Ts.

PRICE OF BREAD.
The pt ice of the 41h. Loaf is stated at 10.0.4 the full-priced
bakers. There are others of the trade who sell (iota a half-
penny to three halfpence below that rate.

I NI I'OIt'f.ATIONS OF' GILA IN LAST w
English. Irish. Foreign
Wheat

Barley -
Malt -
Oats
Rye --
Beans
Peas
Tares
Rapeseed
ust at it
Seeds...
Flour
Brank .
Linseed

110
8,879

~,--.....
109

sEEDN, July 19.
New English R. Clover, per cwt 44s 681 110 s—fine gig
Old Ditto 3os 481 681—fine 831,
'New Foreign ditto dts 70s 84s---fine 98$
Old ditto ditto 99s 53s 41s-snc 794
New White ditto 571 74s 771—fine ads
Old ditto 313 48s 63s—fiar,94•
New Trefoil.. per cwt tis 19114 s—fine ids
- - - -

Old ditto 4s 91 15s—fine igs
New ltibgrass

Old ditto' 2ls 30. 33$—fine 41s
English Carraway Seeds 44s 46s 501—fine —s
Foreign ditto 36s 421 44s—Sne 46/
Coriander do. 7s 6d 9s ins—fine --,s
St•Foin....per ill 421 44s—fine 46*
Rye-Grass 22s 334—hne 37s
Pacey ditto sos 53s
Linseed fur feeding 4-5 49s—fine 51 s
Uhl°, fur crushing sBs 423—fine 481

Canary Seed
Whitelllnstard Seed.. per bushel . 7s 101—fine Its
Brown ditto lOl 14s—fine 16s
Turnip Seeds 66 8s 6d—fine L 0
Tares : . . 3s 4s7—fine 4$ 64
Rape tieed .... per last
____.

NIMGATE AND LEADEN HALL MAfthLTS, July 19
By the Carcase.
Reef 2s 4d to 3s ad 1 Veal 33 Od to 4$ 01
Mutton 26 6d to 3s Rd Pork 3s Od to 41 4•

Lamb, 4s 6d to 5s od.

ST. JANIES'S HAY MARKET, July 17.
0. Hay 41 4s Od to 71 10s Od Clovtr, 41 1550 d to 71 75 Od
New Hay 41 Us Od to 51 151 Od Shaw 21 11s Od to 31 65 04

SMITHFIELD.
Old Hay .... 61 Os Od to 71 Os Od--Average, 61 105 06
Straw
Clover
odOd
ttou
7311.? is
00—:—Average, 261
11::
0°.d,,,
W HITECH APEL. ,
6d.
Hay
New ditto... 01 Os od to 0.1 Os Od---Average, (i
Average, 01 ' :',J
Straw
Clover 51 Ms Od to 7! 10, Od---Average. 61 5, vd

PltloE OF HOPS, per Cwt., July 19.
Kent Pockets
Sussex Pockets
Essex Pockets 666111 Osl
sit t0t:771711°07s Os to tot:787111007
Farnham, 6ne, 101 Os to 151 Os---Second, 51 Os to 101
Kent Bags, 61 Os to 71 10s to 01 Os
Sussex Bags, 51 Its to 61 lOs to 01 Os
Essex Bags, 51 15s to 71 Os to 01 Os
Old Duty laid at 150.0001.

RAW HIDES. ___
Best Heifers & Steers, per st. Ordinary .... es 6d to 16
~AB4
3s ill to Ss AI: Market Calf .. racb.. 04 ":".'
Isliddlings Ys led to 3s cc( Lambs.... Os od to Os V '
SHEEP SKINS.
Polled
Fells
___
Oso sOodrittoo Os
os 00(4! SLharmitir,isi tlgs ...... 8d to

PRICE OF LEATHER.
Butts, 50 to 5611 is each per lb
Ditto, VI II 661bs each
Dressing Hides
Coach Hides
Crop Hides, $5 to 401bs for cutting
Ditto .... 45 to 501bs
Calf Skins to 40Ibs
Ditto IO 70Ibs
Ditto 7O to sOlbs
Small Seals (Greenland)
Large ditto •
Tanned Horse Hides
Spanish' [tom Hides
2425:221:111 43:8°6:381 dd
tttttttittttt god
4:992-11:1- : 4268.
5,71
15' ititudjiadd.,

IktlOES .OF TA LLOW,
Town Tallow 37s od od
Yellow Russia 36s od Od
White ditto.. 34s od Od
soap ditto.... 33s Od —s od
Molting Stuff tas 011—s od
Ditto Roug.h.. 17s cid od

AyPe,ii&owc.4,earpl.
.............. 0.11:
Mottled ................ ggt
Curd .................
Graves .............. .
Good Dregs ..........

- .
•
PRICE OF CANDLES, FROM TALLuw Cworut.Ex sr.
Price of Candles. per dozen, 8< thl— Moulds, lOs
(Myer dozen allowed for ready
PRICE OF FAT, per Stone of slh.--Jall t!'im
Price of Tallow (as stated by the 'fallow

couNTR.Y

GVELDFORD
Wheat per 1. Li; Os to 171 Ss
Old Wheat —1 Os to —s
Oats, per qr 11 Ss to 11 14.
Old ditto .. 01 Os to 0106

MARKET.
[ARKET. July 3.
illleaeaarslisitcpeerrqqr.::lllo4l:Bors"illtiv9U4ll
"I.olos
Rye, per qt:__..#l()i.t...)_..e—,

PiinteiltiiidPUbliabeCrfor the PROPMETORA, at the S'g.
OFF Ict, 112, Strand, by J. B. CARSTAMS.