The Sun.
London, England, 1848-01-28 00:00:00

LAW INTELLIGENCE:
COURT OF EXCHEQUER, Jan. 27.

(Sittings at Nisi Prius, at Westminster, before Mr.
Baron ROLFE and Common Juries.)
BREACH OF PXOIIISE.—CARTER V. CLAM'.

This was a part-heard case. The action was to
recover compensation in damages for a breach of pro-
mise of marriage. .
The defendant pleaded that be did not,pronise, ,
Mr. Sergeant Alibi with Whom,4s. Mr .-1-1, A.
Simon, conducted ttie '-4a.e.'fbr the plaintiff; and
Mr. 11. Chambers appealed fo/ the defendant.
Mr. Sergeant ALLEN vnterei into a lengthened
statement of the plaintiff's case, ot:which.we give an,
outline. This, he said, was an action of- a class
which he was happy to say was not of very frequent
occurrence in the present day in courts of law. It
was an action to recover compensation in damages
for the infliction of one of the most severe injuries
which the juvenile female mind could be submitted
to, namely, a breach. of promise of marriage, and
he thought he sbould. , best discharge , his
duty to the lady whoM: he represented, were
he to confine himself to-it statement of the details of
this painful and lamentable affair. A simple narra-
tive, therefore, he would place before- the-jury, with
the perfect conviction that, having heard the simple
story he had to detail, they would very quickly arrive
at a just conclusion, and do ample justice to the
plaintiff, for whom he at that moment appeared. The
parties, plaintiff and defendant, both lived in the
Kingsland-road. The former was the daughter of a
Mr. Carter, who, some '2O years ago, -had been the
proprietor of a very celebrated tavern, in those days
known as the Laurel-tree, Brick-lane, Spitalfields.
It was noted as a house for first-rate dinners. Mr.
Carter, at his death, left a widow and several children,
of whom the present plaintiff was one, with a provi:-
sion of some 3,0001. or 4,0001. As the family grew
up they applied themselves each to obtain a livelihood
without trenching on the mother's income. The
plaintiff and her sister established a school, but
eventually, when one of them married, the mother
and the plaintiff went to reside ia -the Kingsland-
road. After they had .been,•there same time the
defendant became the .proprietor of an extensive
grocer's shop within a very short distance of Mrs.
Carter's residence. This was about the Spring of
1846. Mrs. Carter had dealt at the 'prior to
the defendant becoming its owner, and having been
introduced to him by his predecessor, she had con-
tinued to,purchase all articles of grocery of the new
master. In the course of time, the plaintiff having
been in the habit of making purchases at the shop,
inspired the defendant with a feeling of love, which
resulted in his being received in the character of her
future husband. Continual interchanges of visits
ensued, and the plaintiff, was introduced to the
defendant's family and connexions as the lady who
was about to become his wife, After this the defen-
dant appeared to have consulted her on! everything.
She, to a certain extent, kept his books, examined
the accounts, and had the management and hiring of
his servants. The particular dress, black satin,which
he wished her to wear at the weddirk, was chosen
by himself, notwithstanding the:plaintiff's mother said
she thought her daughter would look as well in
white, or a light dress, which was more usual on such
occasions • because, as she had been many times with
him at the chapel, the ' people would stare at them if
she were to go in a bright wedding dress, seeing that
all had considered that they were already married.
There was scarcely an act which could have reference
to their marriage which the defendant did not with
the utmost scrupulousness and the utmost propriety
consult the plaintiff upon. Thus matters went on
from about the month of June, 1846, until the month
of March, 1847, when, on the 15th of this latter
month, the defendant made a communication to the
plaintiff to the effect that it was necessary they should
abandon, their mutual pledge of attachment, upon the
ground, as was afterwards divulged, that her health
was too delicate to render her a fitting subject for a
wife, or to become the, mother of a family. This
blow was felt with great severity by the . plaintiff,
who became incoherent in her mind, and at times
unable to recognise any member of her family. After
this interview the plaintiff was conveyed home,
but had not been there long before her brother re-
turned. _ As soon as he had ascertained what had
occurred, he went to the defendant and demanded the
cause of his conduct. The defendant simply replied
that the cause was her delicate state of health. This
was all the reason the defendant assigned for break-
ing off the engagement ; but a person of the name of
Morgan, his brother-in-law, states that it was because
the plaintiff was physically unfitted for a wife or a
mother, and that she wanted the necessary anatomical
properties which were so advisable for a married
state. The brother was astounded at this coarse
dechiration, and said that the only illness his sister
was subject to was a susceptibility to colds, and an
occasional attack of debility, but not more so than
every other female was liable to. Morgan then made
farther coarse and disgusting allusions, and inquired
whether he had ever been at the "Judge and Jury,"
at the Garrick's Head, to hear the mock trials. The
brother replied in the affirmative; whereupon Mor-
gan gave an imitation, in his own person, assuming
the character of Chief Baron Nicholson, counsel -on
both sides, witnesses and jury, of a mock trial of the
plaintiff, and eventually gave a verdict for the defen-
dant. The mother of the plaintiff confidently as-
serted, that although her daughter was very much
subject to colds and occasional debility, yet that her
general state of health was in no way inferior to that
of other females. Legal proceedings were ultimately
had recourse to, but so strong was the attachment of
the plaintiff that, with the fond hope that the de-
fendant might return to his better self and his better
feeling, she gave instructions for the discontinuance
of the proceedings. Disappointment, however, awaited
her, and a second writ of summons was issued, which
had resulted in the present proceedings.
The above outline of the history of the case was
fully borne out by the witnesses who were examined.
Mr. M. CHAIIIMRS, on the part of the defendant,
submitted that his client had done no more than every
clearly-sighted and well-intentioned man would have
done under the like circumstances. After an ac-
quaintance of some months, the defendant found
that the plaintiff had such delicate health, that were
they to marry ruin could but result. Long doctor's
bills, a sickly wife, a sickly family, and no end of
misery and wretchedness must be entailed upon him-
self and the lady, if they were to marry. That was
the view defendant had taken ; and upon that im
pression he had acted. The defendant was a young
tradesman just struggling into life, having a capital
to commence with, which he had borrowed from the
Fishmongers' Company at 3f per emit. per annum
for four years. What was such a capital when op-
posed to the evils he would have rendered himself