The Sun.
London, England, 1856-04-04 00:00:00

ASSIZE Iti TELLIGEA CE.

OXFORD CIRCUIT.-GLOUCESTER, Amur. 3,
PRICHARD V. WEBBER.

Mr. Whateley, Q.C. Mr. Serjeant Pigott, and Mr,
Phipson appeared for the plaintiff ; and Mr. Keating,
Q.C., Mr. Huddlesten, and Mr. Macnatnara for the de-
fendant.
The plaintiff in this action was a young woman of
Swansea, named Maria Prichard, who, being only 17
years of age, sued in the name of her father as her next
friend. The defendant, Vivian Arthur Webber, was a
young man, 26 years of age, the sot of a lady at Swan-
sea, and a member of the Windham Club. The ac-
tion was brought to recover damages for breach
of promise of marriage, and also for assault and
imprisonment. The defendant denied the alleged
promise, and also pleaded a justiScation, alleging that
previously to the'alleged promise the plaintiff had con-
teitted fornication with divers men, and that the same
was unknown to the defendant when he made the pro-
mice. To the counts for assault and imprisonment the
defendant pleaded the general issue.
Mr. Whatelev, in opening the CAM, said that, after
the experience of a great many years, he had never risen
to address a jury with greater pain and anxiety than on
the present occasion, when he should have to lay before
them one of the most disgraceful cases which had ever
been brought into a court of justice. The plaintiff had
been ruined by the arts and profligacy of the defendant,
who, though a gentleman of birth and property, and
once in the British army, had cast her off without
making her one shilling compensation. The acquaint-
ance between the partie-i had commenced in the month
of November last at Swansea, where the plaintiff resided
with her father, who was a widower. The defendant's
mother resided near Swansea, and it was while residing
with her that his acquaintance with the plaintiff
comme: std. He induced her to walk out with him, pro-
fessed great affection for her, and premised her marriage.
The acquaintanca, however, was forbidden by the father,
who, in the month of December, got his daughter a situ-
ation, and sent her away to Bristol. While she was re-
siding there the defendant induced her to go up to Lon-
don, on the a-isurauce that he had got her a situation
as governess in the family of his aunt, and that he would
marry her in the course of three weeks. Fortunately,
the defendant's letters had been preserved, and these
would clearly establish the promise b marry. One of
these letters, dated the 18th of December, 1855, and
addressed to her in a feigned name, was as follows :
"Windham Club, Dec. 10, 1855.
"Dear Girl,—l have sent you V. in Miss Edwards's
name. N..w do, dear girl, do, for God's sake, have confi-
dence in me, that love you better than anybody in this
world, for you wrote as if you had some doubt of my
honesty. I will not, let me assure yen, behave in any other
way than a gentleman ; but I hope soon to make yen my
wife. I have got you the situation in my aunt's family as
governess, to teach one little girl. I hope, dear Maria,
that you will come to it, as it is a good place for you. I
forgot to tell you that my aunt will want you in a week's
time, as the other governess will be leaving ; so, dear gill,
I shall oily have the pleasure of escorting you about for a
week.: Pray leave off your past shyness to me, but look to
me as your future husband, for, as the God is in heaven,
you will be my wife before three weeks are over your little
head.
" You will go toyonrsituation. Then I shall come in about
a week, and take you from there to make little Miss Maria
little Mrs. Webber, or if you like you can stay at the lodg-
ings till I marry you. lam sure of my mother's consent,
for I am her pet. If she does not, then I must take French
leave. Do not thiLk I shall tosupt you before you are my
will, and you by so thinking will not come to London.
Dear, darling Maria, I would not be guilty of such an ac-
tion, so do pray place confidence in me. Now, I must give
you some little instructions Mind not to be late at the
station. You must inquire the night before. I will meet
you without fail at Paddington-station. You see, dear
Maria, how badly I write, for lam not well at all. But I
shall be better when you come to London. Farewell, dear
girl, and believe me to be,
" Yours affectionately,
" VIVIAN WEBBER.
" Miss James, at Miss Edwards's, 56, Oxford-street,
" Swansea, Glamorganshire.
" have taken most respectable lodgings for you.',
In consequence of that and other letters which the de-
fendant wrote, the plaintiff came up to London. There
had, however, been a miscarriage in one of the defend-
ant's letters, and the defendant, in consequence, not ex-
pecting the plaintiff, was not at the station, as he had pro-
mised. She, however, went in a cab to his lodgings, at
10, Bury-street, St. James's, and was then taken by the
defendant to a lodging at 17, Duke-street. The plaintiff
soon fell, and while she continued there scenes occurred
whLh were quite indescribable. The defendant, who drank
to excess, treated her with great violence and cruelty. At
length, when the defendant's lust was sated, the plaintiff
was told to go, and a man named Read, a pugilist, and
a friend of the defendant, came and took her away. She
was then sent back to Bristol. It appeared that, bad
as the conduct of the defendant bad been, he bad still
some remorse and compunction, for on the plaintiff's re-
turn to Bristol he wrote her this letter, which the learned
counsel read as follows :

" Windham Club, Thursday.
" Will you believe me if I call you clear Maria? when I
found you hail gone I was taken so ill and repentant that
I was obliged to go to bed, where I remained in a fever
until this morning, when I got up. The first thing Ido
is to ask you to forgive me. I should never have done
what I did had I not been thank. I direct this to the
same direction in Bristol as before, but have told them to
forward it to your other if you are absent. Pray write
and tell me if there is anything I can do for you, and I
will do it for you if possible. lam going to Swansea soon,
and hope to Heaven you will be there with me. Put my
kindness in the balance against my unkindness, and if the
latter should be a little the heavier have the charity to for-
give. Tell me all about W—e, and where she is. Do
you see how weak lam ? .If I was cruel, do not you be so.
" Yours affectionately,
" P.S.—Do pray write. " VIVIAN WEBBER.
"Miss Prichard, 33, Stokescroft, Bristol."
After that time the parties had never met, and no offer
of reparation bad ever
_been made. It might be said
that the promise which the defendant Lad made was an
improvident one, but it would be distinctly proved. It
alight be that the defendant never meant to fulfil his
promise, and only made it that he might seduce the
plaintiff. If that were so, he was doubly a villain. But
he bad done worse than that. He bad put on the record
a plea which charged the plaintiff with immoral conduct
previous to the connexion. It would be seen whether
he would venture to produce evidence to support that
plea. If he did not, the plea would be a great aggrava-
tion of the injury which he had inflicted on the plaintiff,
it which the learned counsel hoped the jury would give
exemplary damages.
Toe fo towing witnesses were then examined :
George Prichard said—l am the father of Maria Pri-
chard, the plaintiff. She was 17 in Aug. last. I live at
Swansea. I am a furniture broker. lam a widower, and
the plaintiff is my youngest daughter. She was the only
daughter I had at home last year. She has always lived
at home till she went to London. She on one occasion
went on the stage at Swansea. The manager wanted a
child for soine minor part, ard some one told him
of my daughter. That was in 1853. She acted 10 or
12 times in 1353. In November last year I heard of
something, and desired her to go to Bristol. I took her
on boar.] the packet. She was to go to Mr. Wall, at
Bristol. She went there. I first knew she had gone to
London when she was there.
Cross-examined—I am now a journeyman uphols-
terer. I .sas not in the habit of going to the theatre.
The plaintiff was not many months at the theatre. It
was all in one season. I think it was in 1853 I knew an
actor named Sinclair. I never raw him at my house. I
knew him at the Royal -Yatch, which he used to frequent.
tie was au actor at the theatre in 1852. He was not at
Swansea in 1853, not till 1855. I believe he is now at
Bristol. I Dever saw Sinclair in company with my daugh-
ter. I became next friend some weeks ago. I was asked
by Messrs. Loveland and Tweed. I knew a clerk to Mr.
Beer, an attorney, named Morrie,. Ido not know whe-
ther: be was acquainted with roy daughter. About a
month ago I went to a Mrs. Preston, at Swansea, and
asked her whether she knew anything about my daugh.
ter latels ?
Felix Hussey Webber said—l am a brother of the de.
fendaut. My mother resides near Swansea. My father
was Capt. Webber, in the 74th Highlanders. He was
killed in July, 1833. My brother, the defendant, I be-
lieve, was 27 last Dec. He was a lieutenant in the 67th
Foot. "The defendant left the army, I believe, in 1853.
He has been living since with my mother at Swansea.
lie is a member of the IVlndnain Club, and some-
dines resides in London. He was at Swansea in
November last, I believe. I am acquainted
eith my brother's handwriting. I be'ieve this letter,
No. 1, to be his writing. I do not believe this signature,
No. 2, to be his handwriting. (This letter contains the
promise to marry, which was read in the opening) Mr.
Hammond (clerk to the plaintitra attorney) came down
to Swansea. He said if he could not get proof of the
handwriting he should subpceaa my mother. I told him
I was quite as well aware of the defendant's handwriting
as my mother was, and I should be obliged if he woul,
not subpcena her, for I would do everything that she
could do. I said tat when I came into court I would
sate whether it was my brother's writing or not. The
gentleman called upon me to state then whether they
were in my brother's wri ing, He then ehowe Ime
several letters. He offered me to read them, but I de-
clined He showed me No. 1. He pus them on the table
and turned them over, and I looked at them cursorily.
I said Well, I don't think there's much doubt about
their being in nay brother's handwriting." I said in respect
of one letter; "It is so totally different that you cannot
expect tau to say whether it is his or not." Ido not re-
mem
was eober ,having said that any one of there four letters
different that I could not speak to it. Ido not
recollect having seen all these. I can't tell how many he
laid on the table. There were several letters. There
were some papers San .
is-envelope, I raw the signatures
of all the letters on the table The signature which I
objected to was written
in defendant's hand r eo is No. 4.
that would be 9 istuintßcient and he
With that exception I was satisfied satisfied with the signatures.
acrosiaehee.t of paper
Letter No. 3 is
Hrmmond then said
army.
should not should not subpoena my mother.
Croefeexamined—l never saw the plaintiff on
r thestage
to my knowledge. • The defendant sold out of the
His means are extremely limited —excessivelyso.
has next to nothirg. lam a clerk in the House of Con:
n
mons. I hare seen my brOthef suffering under deli
'um
ti mom. .

Re-examined —He is in the habit of getting drunk.
In December he was living at No. 10, Dury-street ;
but for a short time in that month be had lodgings in
Duke-street. The defendant sold out in 1853. He has
since received great a,sistance from my mother. She is a
lady of fortune. I and my brother are her oniy children.
It was here proposed to read the letter of 10th Decem-
ber, but the evidence wag rejected on the ground that
the handwriting of the defendant was not proved.
Ellen Steer said—l am the wife of Flcnry Steer. I live
at 17, Duke-street. On the 12th December defendant
came and took two rooms. He said they were for a lady
and a. gentleman. I asked if the lady was his wife. H 3
raid, with hesitatior, that the was. I t;;Icl Lira the rent

. ; .~: