The Sun.
London, England, 1841-12-07 00:00:00

yvENTING- SUN

Was Justice
dot WIGHTMAN suggested whether the cast
one which might be advantageously referred b
sue, lIESIGER, for the plaintiffs, had no objection to
a course
r •
ertvis (who was with the Attorney-General), fot
uefellthmt, after conferring with his client, assented.
lIREACII OF PROMISE 01? MARRIAGE.
4r I DARBON V. RoSSER.
the plaintiff Tall, 'Air. White, and Mr. Pearson, appeared for
tle e Mr. Thesiger and another Learned Gen-
,r,tan for the defendant.
ir Was Peensoer opened the pleadings. Sophia Darbon
ti';lthe plaintiff, and Richard Rosser was the defendant.
e declaration contained four counts, and the first
,se..ed that, on the sth July, 1837, the defendant pro-
teir„deto marry the plaintiff after a reasonable time, and
tint;ere was an averment that the plait-01;i remained
Teeried, and was ready to marry t'im, but he refused.
taisecond count, that, on the eth September, in the
the defendant -erernised to marry plaintiff at
hristmas then :text ensuing ; and then there were
144 filler av!rnr:eits. •The third count alleged a promise
daat -' 1'539, and the 4th in April, 1840. The defen-
te4k;Pleaed that he did not promise, and then that after
th's dlg the promise, and before the commencement of
tiolattit, he had invested in Government Stock three
tes'"iof 666/. 135, 4d., 3661. 13s. 4d., and 2151., which
dereVintiff accepted and received, in satisfaction of the
14.7. its breach of promise.
Itee 11•A'17 then stated the case. He feared 91e Jury
6tei tc't Yet had much light thrown on the subject y
kiitltrY, the pleas being necessarily loaded with tech
oseeiees, but the matter to which their attention was to
thi„ `eeted was a plain matter of fact, in which he trusted
lerl.would ultimately have no difficulty in finding their
litiset,' The plaintiff in the record was the daughter of
bees: 'Arbon, ho formerly carried on business as a
thresee'oeer, and who died in. 1810, leaving a widow and
tedughtees, the plaintiff being the youngest and
keeke:4l„ :rearsof age. The father of Mr. Darbon, the
ee'Ziner of the plaintiff, carried on a like business, and
might time after the death of his son. At his death
Niert he imagined
1 ere somewhatwhat circumscribed. The grandfather
Lk 1831, and, ;by his will, bequeathed some small
en, Y to the widow and her children, which produced
ite'en, and the present plaintiff among the rest, about
ailannum. The executors continued in the receipt
I(iies, rents, on the behalf of the widow and her family,
thias client arrived at the age of 25 ; and, by the
leii,7:ather's will, the • were to have the control over
kefli..t :property as soon as they arrived at that age ;
,teee,e ra became necessary to settle the account of the
and release them from further responsibility.
enethat took place, which was in 1835, Mr. Rosser,
to4,ebdant, who was an attorney and solicitor, had been
et4e;"nk,e ed for the executors, and had been heard, and spoken.l
44 I,'" most respectful terms l-sy all the plaintiff's family.
kikr43 therefore known to the plaintiff by name, and
‘ltitielllrdS, when the executors were released from their
4qieLu,Y the distribution of the property, he, at his own.
Nti ,40a became their man of business, proposing
G 4p d that was necessary without making any diminu-
keet)ti
hid their little property. In consequence of that the
tee and defendant occasionally saw each other
e occasion of the rent being received and
th:/.er• They were several times in the courslel,
‘',lll Year of necessity brought together, on a
't.t-re:jeeasions the greatest attention was paid by
S-23er to, the laintiff, and she entertained the
entle7tttioeents-of respect for him, because be had ex •
4and eSecc the hand of friendship to her family. At that
Lt',.1,8_35 and 1836, Mr. Rosser was a married man,
ine the "le purpose of showing how the transactions of
eel; were conducted between the plaintiff and ;kat that time, f de
he would read a letter or two, from
ZeZ might collect the terms on which they were
e • meansArds one another. Mr. Rosser knowing that
._l4tl of the family were very circumscribed, acle-
is°,teikr;'Bs Darbon the present plaintiff, to become th
ti,"13,r1 of a lad;-, and thereby save her little property,
aKe some additions to it. The letter was dated
Nl' 1836, and commenced," Dear Miss Darbon.—l
L-4).,„"ienee of your expressing a desire to get out nit
ikee4Kl to improve your income, I inserted an adver-
t
Ns e „t,,in the Morning Herald or a companion to. a
L4tl.-4u hntnediately received a note from a lady stating
rn:fiit comfortable home would be considered a corn-
-11 the advertiser might obtain what was sought
Lieneto';"o letter went on to state that Mr. Rosser
1:'• I, the lady and found her apparently amia-
-174 er- Would appear, observed the Learned Counsel,
ngis care 'lesser- seemed to have taken the girl under
'4ll,,,redlts a child, or a daughter, for he was somewhat
seeZio years.—(Laughter.) He trusted he would
ce of the course of the cause any unseemly appear-
:os riedicule, because if he saw any such manifesta-
,";`4tcanould not be the last to notice it. The letter then.
‘,ilat the lady appeared pleased with the descrip-
i,at „',odatit had - given of plaintiff, and then observed,
"41,1 she was fir with rheumatism, she wvated a
d4e'licn3dc:cial caomipnatenion, and concluded. with stating that
(4 ant had written to Franklin about the rents...
ttitl ,f r• had
mentioned that to show that the de-
p.° he ..1„v as the c •rof her rents and paid them over
gi°lllllll%en ri the 9th of there was another letter
1,411(1 iiettng, Dear Miss Sophia," and expressing the
'ratificationug an at the prospect of the plaintiff ?b-
-eitissilthro situation with the Countess, and offering
equip herself, and ad-
he he to enable her to
Ile to the Countess. That would show not only
;eatee Y interfered to advance her in life, but that
li'eresel‘t.ateie,!rwith all the respect due to a person of a
`hat 1, ativ,l::sPer demea.nor. On the 15th of April
that he to la "ktr letter, in which the defendant stated
make .e Would L;fid brought three quarters' rent, and
thr con,e_
.be happy to see her whenever she could
ti:tdighout °lent to call. It would be observed, that
IA !fend_ Inc whole osfsitlnie correspondence, whenever
utiff a reason for seeing the
Ct a l couldwas aymadeg it a ground for having
4 trB, °nal interview. On the lath of July, there was
Ititti-h`e presenting his compliments to Miss Darbon
ahoelg that
Franklin had brought the rent, and he
,
be happy to pay it over whenever it was con-
htt,r ellt to her to call. He had merely read these three
pat i s t 0 show the nature of the intercourse between the
66oea during the lifetime of Mrs. Rosser, and which
Ihttl that he paid her the greatest respect. In March,
t'),4 th„,krs. Rosser, the wife of the defenant, died, and
he I°lh of April following a letter was written by
te 4eirmlant, desiring his kind regards, stating that
ktetitellt was ready for her, and hoping her mother and
%Ll.' Were well. On the 20th of Aril Miss Darbon
the'' at Mr. Rosser's house, in Red Lion-square,. when
4Yareilt was paid over ; and on the 22d of April, two
ilki,l4lterwards, he wrote another letter. He was
Iht-,,11,,, to give theletters in- the order of their dates, as
;Attrte a pretty clear history of the case. The letter
°rdeh;that he would be soon leaving London for Bed-
;;; re ,aud Glamo anshire, and would be glad to
tiehe'ritiff before he went. It also stated that the de-
eepliew had taken a house at Twickenham-
ISian, which he understood was not far from the
148 f;rB Week,a Hampton and if he went that way
e'le;:,°witle, h would probably call to ask her
re'lhseigee Accordinge to that invitation, Mr.
rete,l"eaving only to make a request when it would be
iuY the plaintiff, she came up to town, imagining
tie that
be so
th' g relation to her money affans.
11,1% ite"eltt °ceasialoe Mr. Rosser made an avowal to her of
A- 111 Y -I,t Passion • (A laugh.) His first wife had died
the monith receding, and i n latter endof
be "minunielted to her that hetheentertained
an
vivk_'l(ites3ion for her, and begged to know whether she
treept
just him,She
surprised that a gentleman,
become wasa
11perkier with an extremew 'degree of respect,
14:ties°4 who rather protected and took care of her
`lll4-1/thing else that that gentleman, who had sore-
°Lthit-se'seet,his wife, should think of making a declarationh
ICuiet to her, and she ex ostulated with him on
.t e
till the t'
excused' himself Ey saying, that if he waited
he eelPiration of the year during which public de-
;e teg,quired tl the should not marry another wife,
1),,.111 terha s'al se the opportunity of obtaining her,
1111.43atss; e miPghtomake some other engagement. Miss
the
she had no intention of the kind at Fsen
kit;d"°lle certainly had a regard and respect for hime fore
f'ac, tly'ericss he had exhibited towards her.. Hese ro seemed
ie°raeti.fied, and on the 24th of April sent her
tele", New: "loch he stated that he had conceived a very.
to
of her in every respect, and felt greatly in-
'l4tt-ed her and having it amply in his power (Mr.
11111 (113,,S,.trved ihat it was understood Mr. Rosser was
a
t4h considerable wealth), and being desirous
el*th eee-er every good lie could, ho begged her acceptance
14 ,-;:tripanyi g small present as a token of his re
f-
t'er, d- she would receive it as the gift
t.‘l-11. esiell"mt.eafriaeand. hoped-
letter contained 201. On the
wrote again, respecting a book
" 8 he " and there was (said
t~ ton tutee's Reflections, ,
aotpreitigih.roonusghout the letter the greatest pr.o"
sentiment, and an apparent desirehe
the plaintiff inthe way she ought to go ; and
with
a
ft.„°t-ri weclitehl know that where a man had to deal
heman 2'. a relig'ou turn, there could be no stronger.
1p ,t Qat' her toihims, and. if h. e could only exhibit him-
'N4l,lll,ersoll of conscientious and religious feelings,
er the `t! °Q most likely to succeed. The latter offered
irett e-aeu°°lt, Which he said had given him great pleasure,er
-erttre--"ad that if he knew the particulars of
store
she he would be happy to add to her. a
rew' useful works • that he would be taking
11/telt-c' to hisnephew's at Twickenham the following
I%lmother wouldb hppy to call and ask how she and
11°),tolluerr
hduidin,
bre servant."n-n-c-luded, " I remain, very regard-
On the 22d of May there
Prenktiother letter, and he would observe that he did not
lasse to read them all, because they would fill a ream
laugh) —but would merely give them an
t't the case The letter regretted that the wea-
;Nu:l, 4,4 varietshe,o other business, prevented his visit,
:can -eu her, if came to town, to favour him with
,_ltreilit'd ended " I am, with very great regard for you,
thr eo-h,“leere friend." On SdJune,lB37, he wrote anther let-
Cell'ecoeing "My very dearly beloved Sophia," stating
Vttfe„l received with heartfelt- pleasure and joy
saec"onate letter ; the disappointment he had ex-
v,,lhnbnavirts occasioned solely by his daughters, and that
ayitli all`" Pie forenoon of the following day would do away
I,,:4l3,aet,4lesse.evexations. It went on, "I do love you very
eerely, but yet our
.affection must be regu-
"tts Prudence." " Your happiness is my chief desire.
Y"' ToY excellent love, and believe me yourr
Ilett)lclate !" --.. (Great laughter.) Now he, (A r.
I,oer'esbelieeed the fiery blood of youth had
dtitletiottell actuated upon to pour
.out more love and
(encle„, a smaller compass , but the present
in
years ,'lvas not a young man—he was advanced N'S {,tarlU it might erhaps be said that lus being n
Prer4; 'as an ‘sxeusepfor his not performing the
time he)
iZeeek-1 tenatletter he was between 70 and 80—(Laughter
ht hearty, hale, fine old gentleman.—(Roars of
tlVeto 76), To see him one would only suppose him be.-
1c t', 44d 60, standing upright and well upon his
laclaelld just
whopte sort of person to captivate
'IIY • " and; would not be supposed to have
armity about him.—(Loud laughter.). When

he gave the isj'ary that description of his person, it would
I ae seen that his character was not inconsists4it with it,
and that the fire of youth Was not yet 'extinguished
in his veins.—(Mach latlghter.) On the 7th of June
there was another letter, "My dear Sophia, I have re-
ceived your desirable letter.' It expressed the defen-
lant's wish to see her again before he left "own, having
much to say to her on the important subject between
them ; that he desired to be rooted to her heart, and
promised to call on her at seven that evening. The letter
• was addressed to her at Mr. Robinson's, 35, Northumber-
land-street. Strand, an address which it might be necessary
again to refer to. On the 26th of June there was another
letter, stating that he was to go with one or both his
daughters to Hampton-court to dine with two ladies,
and that he intended calling at her door, to ask how she
lid, and hoped he would spend a day with her before he
went to Wales ; that while at Bedford he had, when re-
mountins, a horse, which slipped away from him, fallen
pretty heavily on his back, and he had thought of
her kind apprehensions for his safety, and con-
sidered her his sweet little cherub, and that her
sweet little voice had been heard up aloft, and had saved
him—(Great laughter)—that her every way agreeable
person and manners had induced him to like and admire
her, forgetting his extreme age ; but considering the in-
compatibility of their years, and the possibility of his
being cut off suddenly, he had placed something in her
name in the Three per Cent. Consols; thereby exercising
a little providence in her behalf. It would seem from
that that the defendant had some misgivings as to
the uncertainty. of human life, and that he possibly
might not survive the year, and had, therefore, in-
vested more money in her name in the Three per
Cents. The letter added that he would never cease
to love her dearly, and affectionately and holly, and
purely; but he feared, in justice:and reason, that he should
only be considered her kind and affectionate friend ; that
he would be proud to be her guardian and friend, and
ended "Dear, dear Sophia, believe me to be your sin-
cerely affectionate friend:" There was another letter
on the 29th of June. It commenced " Dear, dear
Sophia, your letter has given me great grief to
infer that I should spurn or despise you, or that
any other lady has supplanted . you in my heart.
No, my dearest life." It added that he felt
the force of her dear little heart's love towards him, and
it was more than his nature could stand. He was sure
that when she was his he would be a happier and better
man, and that he would live in hope, and pray for that
blessing. Then on the Ist July there was a letter, in
which he said she was scarcely ever out of his thoughts ;
that he had that day taken a warm bath, and thought
his whole frame better for it.—(Great laughter.)
He begged her to write a line to say how she was, and
to breathe her sweet thoughts to him; that she had done
him the kindness to ask for a lock of his silver hair—
(Roars of laughter)—thathe should expect a lock of her's
in return ; that he was looking out for a lodging for her
near his house, and wished to introduce himself
and her sister to his daughters, and ended, " God bless
and preserve you, my dearest love, and believe me yours
affectionately." On the sth of July there was another
letter in which he said that having just finished break-
fast, he sat down to breathe his sincere affection to her ;
and thereby ease his anxious heart's doubts, which had
been occasioned by his observations about his daughters.
That he was determined not to forego his happiness for
the sneer of the world, and he was thoroughly convinced
that the Almighty ordained faithful marriages in,
heaven ; that he considered her his own, as she must
consider him her's ; to dismiss all acquaintance and con-
nexion with the person she alluded to, and to receive
him who would engraft her in a bosom which
was wholly devoted to her ; that he had received
her little gift of love, which was beautiful and
nicely platted, and which would be often caressed by
her faithful lover, and would prove a delightful particle
of his dear sweet Sophia near his heart; he need
net remind her that the foundation of all his hap-
piness was morning and evening devotions to
Him, who gave all, and governed all ; he was
quite distressed that her delicate form should have been
exposed to the heat of the sun when he was walking with
her the previous day, and trusting it had not fatigued
her ; that he must contrive to introduce his daughters
to her. On the 6th July there was a letter, commencing
"My dear love, :when solemn, and grand, and righteous
acts or deeds are resolved upon, what pleasure
there is in thinking upon, and committing to paper the
thoughts that arise from them ;" therefore 1 indulge
myself in thinking of our future habitation as the inno-
cent birds who, after making their alliances, set about
making their nests— (Roars of laughter)— fin. those they
instinctively know to be the offspring of their connubial
alliance.—(Renewed laughter.) The letter went on to
state that he was thinking of a habitation for con-
summated love to dwell in, and whether it should
be in town or country, but that whichever it was they
would endeavour to be content and happy ; that he pro-
mised himself a speedy consummation of his wishes, and
on his return from Wales, he would tell his daughters that
he was about to add an angel to their society; that he
should rejoice in proclaiming their union before kings and
queens. It then went on, " You, my love, my dearest
Sophia, your model is pleasing, and your dear body
being free from defects," observing that he was gratified
at this, because he confessed he was a man of taste—
(Laughter)—that he praised the Lord for every blessing,
and that a virtuous, well-formed, enlightened woman,
was invaluable, was an angel on earth, and led a man to
heaven. That he found himself bordering on idolatry, and
asked, " Have I, my dear one, breathed my love ardently
to you ?" It then went on to say she had asked for a
lock of his silver hair, and to comply he had cut a small
quantity from the crown of his head— (Loud laughter)
—as she said she wished to press it to her faithful bosom.
What honour and glory to his hoary head—(Bursts of
laughter)—probably they would be pressing the
reciprocals to their bosoms at the same time ; he
must not forget to add, that a thousand blessings at-
tend her, and a thousand kisses he stole in. imagina-
tion from her, declaring himself affectionately hers ever.
On the same day, the 6th July, there was another,
commencing, " My own dearest` love," and acknow-
ledging the receipt of her affectionate and
most welcome letter, which was balm to his excited
and fluttering heart. It asked her to say when she
would be his property, and gave her permission, which
it appears she asked, to go to Ramsgate for
a few days with a Mr. and Mrs. Bennett.
On the Bth of the same month another letter was written,
in which he feared the heat of the sun had occasioned her
some inconvenience in the walk they had taken theprevious
day. He promised to be with her on Sunday morning, and
offered for her acceptance his heart's whole affection, and
ending " God bless and preserve my dearly beloved
Sophia. Your ever affectionate." On the 9th the defen-
dant went to Hampton, in a carriage with a pair of greys,
paid a visit to the plaintiff and her mother, and returned
to town. On the 14th and 17th of July, and on the 31st,
other letters were written by the defendant. The
latter began "My dearest love and life." He stated
that he had breathed his whole heart to her,
and that he intended- to accept her kind offer of her
whole heart and person, hoping that the obstacles he
had referred to would be removed on his return from the
country. It appeared that defendant had spent the day
on the sth July at Hampton, and had then confided to the
mother of the plaintiff his intentions towards her daugh-
ter. On that occasion the mother had cautioned
him about his conduct, and had expressed her asto-
nishment at his desiring to enter into a matri-
monial alliance so soon after the decease of his
former wife ; she suggested to him that his contem-
plated marriage might not prove agreeable to the
members of his own family, and she said that he
was not a young man. The defendant replied
that although old in years, he was as young
as any man not half his age:; that his family
knew enough of him to know that he was firm of
purpose in whatever he undertook ; and that if he once
took any matter in hand he would always go on with it,
and that it was useless to contend against him. The
mother then said to him, that her daughter
was of age, and had been so some years, and was com-
petent to judge for herself without any interference.
The plaintiff at that time was twenty-seven years of
age, having been born in the year 1810. Miss
Darbon felt that she owed a debt of grati-
tude and affection to the defendant for his
kindness towards her, and no doubt she felt bound to
follow the course which he might direct. The corre-
spondence between the parties continued, and on the 9th of
August, 1837, the defendant, being at that time on a visit
to some friends in Glamorganshire, wrote a letter to
the plaintiff beginning "My dearly beloved Sophia,"
and in that letter, after stating his inexpressible joy and
gladness at receiving her letter of July -31, he pro-
ceeded, " I am now in a land flowing with milk and ho-
ney, but the latter is not so sweet as that which I once
had the happiness of • tasting from your dear
sweet lips, when I sealed on them the pledge of our in-
delible and unalterable affection."—(Roars of laughter.)
The letter then proceeded, " Ever since I have had the
pleasure, honour, and happiness of knowing you,
my greatest joy has been to endeavour to de-
vise some means of rendering you independent of the
accidents of the world—l will not say the frowns, for
nothing can ever frown upon you. If not so happy as
to consummate that blessing, which I hope is
preparing for us at the conclusion of the year,
which only my decrease of health, or your
refusal, can prevent, I shall be happy to shield you
from the world." The defendant in that letter, after ex-
pressing his affection for her,andurgingher to put her trust
in Almighty God, to whose honour, and with a view
of pleasing, when be trusted their union would soon
take place, he went on to say, " I am already wedded
to you in spirit; be sure that you already possess
my love and affection." He then went on to de-
scribe the house at which he was staying in the
neighbourhood of Cowbridge, and, speaking of another
mansion recently built in the same neighbourhood by a
relative of his own, the entrance to which is by an iron
gate, he adds, "On this he has placed his motto,
• Better death :than 'shame,' in English, a motto which
I have adopted as my own in Welsh." The letter then
proceeded to state that a relation named Powell had re-
cently died worth nearly 50,0001., which had been
left among the relations and friends of the
deceased "among the rest myself and my daughters—
handsome." On the 28th of August, 1837, Mr.
Rosser had returned to town, and it should
seem that shortly after, he had had Mrs. Dar-
bon and her two daughters to dinner with
him. On that occasion the subject of Miss Dar-
bon's approaching marriage with the defendant
was broached, discussed, and looked forward to as a
matter that was shortly to take. place.
[The Learned Gentleman had not concluded when
we went to press.]

•
Lady Eliot gave her first ball for the season
last night, at the Chief Secretary's Lodge in the Phenix
Park. The company comprised their Excellencies the
Lord Lieutenant and the Countess De Grey, and upwards
of five hundred of the nobility and gentry residing in
the neighbourhood of the metropolis.—Dublin Evening
Mail of Friday.