The Sun.
London, England, 1834-08-22 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—LINC4STRE, Aua. 19.
(Before Mr. Baron GURNEY.) -
BREACH OF PROMISE OF MARRIAGE.
TURNER V. RAWLINSON.
This was an action for breach of promise of marriage.
The damages were laid at 3,0001. Mr. Sergeant AT-
CHERLY stated the case. The plaintiff is the daughter of
a small farmer residing at Conniston Lake, and is 30 years
of age. The defendant, who is two years older, is in good
circumstances, and lives at a place called Niphthwaite, not
far from the father of the plaintiff. The Learned Sergeant
said that about nine or ten years ago the plaintiff went to
Eve with the family of the defendant in the capacity of ser-
vant. They were people of considerable property, but
not in point of education so far superior to the plain-
tiff as persons in their station of life might be
supposed to be. Soon after the plaintiff went to
live in the family the defendant showed her attentions
of the most particular kind. After remaining for a certain
period the plaintiff returned to her father's house, and her
parent would tell them of the plaintiff's character, of the
attentions of the defendant, and of the station of life which
his family occupied. Although the plaintiff had lived with
the defendant's family, lie (the Learned Sergeant) felt con-
fident that his Learned Friend the Attorney-General
would not attempt to throw the least discredit upon her
character. After she had returned to her father's house
the defendant continued his visits, and thus matters went
on for some time. At length the father thought it neces-
sary that the intentions of the defendant should be known,
and that the plaintiff should be able to inform her friends
of the kind of connection that was to take place The
defendant, in consequence, wrote a letter to her, which he
would read, and which was to the following effect. It was
dated the 30th of December, 1828 :
" Dear Margaret,—l have sent you a few lines to say, that
if death should separate me from you before we are united to-
gether, you may show my friends that we have been betrothed
for some time, and that I could wish they should give you
something to live on, between two and three thousand pounds,
and that you should go and live at Nipthwaite as long as you
keep single. Should that be the case, I should wish you to
come and remain with me until I am interred, and show my
friends this letter, as you are the only one dear to me in this
world ; but I hope that this. will not be the case, but that with
God's assistance, and our own perseverance, we shall soon be
joined together, and spend 'our days in peace and happiness.
Should I be deprived of you, I could not survive. I should
wish you to keep yourself as much as you can to yourself, as
you cannot think the trouble and anxiety it gives me whenever
you are in any other's company. I beg you will keep this letter
to yourself, and believe me to be your constant lover till death,
" Nipthwaite." " JAS. RAWLINSON.
(The reading of this letter seemed to afford the ladies, a
number of Whom were in Court, very great amusement.)
Nipthwaite(continued the Learned Sergeant) is in the neigh-
bourhood of Pennybridge, where the plaintiff's father resides,
and where his family also has resided for several years. The
plaintiff, he should state, is the eldest daughter. It appeared
that a lady in the family of the defendant, named Dickson,
was opposed to the connection ; and although the acquaint-
ance had commenced so far back as 1824, and was conti-
nued for a considerable period, the defendant's attentions
after some time slackened, and about six or seven months
ago he married another lady. The fact of the marriage, and
the hand-writing of the letters the defendant had been called
upon to adMit ; but these admissions had been refused, and
the plaintiff had been compelled to bring witnesses to prove
these facts. The defendant in the course of his courtship
had made the plaintiff several presents, among others a re-
ligious book, called " An Introduction to Christianity."
The Learned Sergeant said that he had made it evident,
he was sure, from the statement he had given, that for
several years the plaintiff entertained expectations of being
united to the defendant—a man who was above herself cer-
tainly in circumstances, and with whom she had a right to
expect to be comfortable. The plaintiff was at present re-
siding with a lady named Russell, at a place called Strick-
land. The defendant was now in possession of property
left him by his father, and be had also purchased other
property since his father's death. As to the claims of the
plaintiff, he had shown them that there was no doubt what-
ever of the sentiments professed towards her by the defend-
ant. The connection had been kept up since 1824 till very
lately, and her feelings must naturally have suffered very
materially from the disappointment she had experienced.
She was still in the condition of a servant, instead of being
in that comfortable state in which the defendant had pro-
mised to place her ; and though that place might be above
her condition, still it was what the defendant had promised
to elevate her to.
The following witnesses were then called :
John Turner—l am a farmer, living in the parish of
Poulton, at Conniston Lake. I have lived there these
twelve years. My family has lived long in the neighbour-
hood. The plaintiff is my daughter. She is thirty years
of age. I have three daughters and two sons altogether.
I know the defendant, Mr. Rawlinson. My daughter
went into his father's service in 1824. He lived in Nipth-
waite. She liVed with them about three years and a half,
and then came home with a bad cold, and staid at home for
about nine months. The defendant visited my daughter
once a fortnight or three weeks. He used to ask for the
plaintiff when he called, and he came to see her as a sweet-
heart.. This continued for nine months, when she went.
to live with Mr. Postlethwaite, with whom she lived for
the space of one year and a half. She came home unwell.
Mr. Postlethwaite's house is four miles from my house.
Plaintiff continued at home two years ; during that time
defendant.continued to visit her as he had done before, and
was received on the same footing. They appeared to be
on terms of affection. He made her presents of books, one
of them " Forget me not"---(Laughter)—and the other,
"An Introduction to the Christian Religion." She after-
wards went to live with Mr. Rawlinson, the barrister, and
staid six months. She then went to Mrs. Russell, of
Strickland, four or five miles off, and continues to live with
her now. The defendant's father had three children at the
time of his death ; one had died.
Cross-examined by Mr. PoLEocK.—The rent of my farm
is 301. a year ; I have had it twelve years ; it was formerly
80/. a year.' When my daughter was a servant in the de-
fendant's family, I understood they were sweethearts. My
wife never spoke to defendant or his mother and sisters on
this business, that 1 know of. My daughter is not about
to be married, that 1 know of. Nor do I know of any one
who is paying her attentions, nor does my wife.
Re-examined—The defendant is about 32 years of age.
[ln one of the books the defendant had written " A gift
from a friend to Margaret Turner." Dated 1823.]
Mrs. Ann Swainson, sister to the plaintiff, corroborated
the preceding testimony, and said that, in addition to the
two books, the defendant made presents to her sister of a
brooch, pencil, pocket-books, a purse, and a shilling marked
" J. M.," meaning " James and Margaret."—(Laughter.)
In cross-examination the witness said that her sister was
not about to be_married, nor did she know of any one, pay-_
ing her attentions and never had said so.
Counsel—Do you know any one of the name of Gr we-
stone ? Witness—Gravestone !—(Laughter.)
Mr. PoLLocli—Yes ; did you never say in his house
that your sister was.going to be married ? Witness—No,
I neverclid.
The witness was further questioned on this point, but
nothing was elicited.
By the JUDGE—My sister is principal servant with Mrs.
Strickland, and receives twelve guineas a year.
Mr. John.. Sykes—l know the defendant, and the letter
produced is his hand-writing. I don't know the value of
the defendant's property. I have had some -money tran-
sactions with his father. lam a solicitor at Ulverstone.
Mr. Par.r.ocx- -then addressed. the Jury for the. defen-
dant. The Jury had to bear the fact in mind, that the
defendant's father had threatened to cut him off from the
property if he married the plaintiff, and so directed in his
will. What, then, was his poor client to do ? He had his
land• and his mistress to choose between, and, like a sen-
sible man, he had decided that love without money was but
a sorry kind of comfort—(Laughter.) Beyond doubt the
plaintiff was entitled to a verdict ; but, under all the cir-
cumstances, she was not entitled to claim large damages at
their hands. One thing lie thought was clear, that she
could not have looked forward to much comfort in a mar-
riage with the defendant where the difference was so great
in their relative condition in life.
Mr. Baron GURNEY then proceeded to sum up to The
Jury, and said that, whatever might be the opinion enter-
tained of any other parties, the girl herself was the plaintiff
in the present action, and the Jury could not forget that for
seven or eight years she had remained in a single state (as
she still continued to remain), of course expecting, till the
defendant had married another woman, that lie would make
her his wife. This fact was an important one, and could
not but materially affect their verdict. Besides, although
the defendant was young when he first paid attentions to
the plaintiff, he had continued them up till a more matured
period of life, and there was on this head the less excuse to
urge.
The Jury, after consulting in the box for a few minutes,
returned a verdict for the plaintiff—Damages, One
Thousand Pounds.

The Dul.e of Wellinvon left town on Saturday
morning, on a visit to the Right Hon. Charles Arbuthnot, at
Woodford place, near Kettering, Northamptonshire.

COURT OF BANKRUPTCY, AUG. 21.

(Before Mr. Commissioner FANS.)
IMPORTANT POINT RELATING TO PROPERTY LENT TO
BANKRUPTS.

Shortly- after the sitting of the Court yesterday, Mr.
Stroud, of No. 31, Cheapside, foreign lace-merchant, ad-
dressed the COMMISSIONER, and requested permission to
make an application in the matter of Judd, a bankrupt.
Mr. Stroud was not assignee, but made the present ap-
plication with- the consent and by the advice of the assig-
nee. The object of his application was to procure the
restoration of some property, part of which he had lent,
and part of which he had deposited with the bankrupt for
safe keeping previous to his bankruptcy. The bankrupt
had been married to his daughter, and upon the occasion of
their marriage he had lent them several articles of plate,
which had not been returned,
Mr. Commissioner INANE wished to know whether the
plate was lent for any specific period, or whether there was
an understanding as to when it should be returned ?
Mr. Stroud said that there was no positive agreement
upon the subject, but the implied understanding was that
they should be returned immediately, as they were borrowed
for a specific occasion. In addition to the plate he had
also sent to the house of the bankrupt a box and two port-
manteaus, containing table linen and other articles for safe
keeping. The circumstances under which they were lent
were as follow :—He (applicant) formerly resided in the
same town, Bath, with his son-in-law, the bankrupt, but
having determined to change his residence to London, he
let his house in Bath, and the gentleman who took it, not
having occasion for the articles, he packed and corded them
up as he before stated, and sent them to the house of the
bankrupt. Under these circumstances, he trusted that the
Learned Commissioner would order his (applicant's) pro-
perty to be restored to him.

Mr. Commissioner Fane had no doubt the statement of
the applicant was quite true, but nevertheless the principle
of law was against his claim. If the boxes and portmanteau
remained corded, and if the articles contained in them had
not been appropriated to his (the bankrupt's) use, as the
plate had been, he certainly was of opinion that they should
be restored to the applicant ; but if it should turn out
otherwise, then they should, like the plate, come under the
doctrine of ordinary disposition, and the applicant must
prove his debt under the commission like other creditors.
The applicant then withdrew.

SHERIFFS' COURT, RED LION-SQUARE, AUG.2I.

(Before Mr. BURCIIALI, the Senior Under- Sheriffi)

EDMUND AND ANOTHER V. THE REV. JOHN HARRIS.

The plaintiffs are Messrs. Edmunds and Hodgkinson,
fashionable tailors, of Maddox-street, Hanover-square, and
the defendant a clergyman. The action was brought to re•
cover the sum of 171. 10s. 6d. for clothes sold and delivered.

Mr. MANsELL, the counsel for the defendant, contended
that the clothes were entrusted to his client on 12 months'
credit, and he put in a letter in the handwriting of Mr.
Hodgkinson (who has dissolved partnership) admitting that
the clothes were sold to the defendant on such terms.

Mr. HENSNIAN, for the plaintiff, submitted that such a
defence could not avail, inasmuch as it was not specially
pleaded, as required by the new rules.
The Under SHERIFF fully coincided in opinion with Mr.
Hensman, and the Jury, under his direction, returned a
verdict for the plaintiff for the full amount of his demand.

COURT OF REQUESTS.-BASINGIIALL STREET.

FERGUSON V. BENTLEY.

This was a summons obtained by the Plaintiff, a compo-
sitor, against Mr. Bentley, the printer, of Dorset-street,
Salisbury-square, for the amount of certain work and labour
alleged to have been performed. The plea of the Defend-
ant was that the Plaintiff was not legally entitled to the
sum which he claimed.

The case was gone into at some length on Saturday last,
before the Commissioners, who referred the question at
issue to the committee of master printers, by whom the
scale of prices which at present regulates the trade was
agreed to some years ago. Upon inquiry, however, it was
found that the trade committee is no longer in existence,
and the consequence was, that the parties were again
obliged to appear before the Commissioners to abide by
their decision,

The Plaintiff demanded double pay for the printing of
certain bills on paper which is technically called " broad-
sides," and it was contended that according to the
rules and usages of the trade, all printing on paper,
which from its size came under the denomination of broad-
sides should be paid for at double the usual charge. In
support of this argument, a person named Thompson, from
the Trades Council, who appeared for the plaintiff, pro-
duced a book called " Tower's Grammar," and referred the
Commissioners to the articles therein contained, which it
appeared were agreed to on the 19th of April, 1805, and
which, as he alleged, fully justified the plaintiff in his claim.
Mr. Bentley admitted that the printing was done on
broadsides, but contended that the matter did not bring it
within the scale of charges, by which the plaintiff would
be entitled to double pay for the work he had performed.
The COMMISSIONERS agreed with Mr. Bentley that the
plaintiff could not support his claim unless he could show
that the matter was the same as leases, deeds, or charter-
parties are printed in. He had failed to produce evidence
to that effect, and therefore the summons must be dismissed,
as far as related to the extra charge.
Mr. Bentley then paid the plaintiff 11 s., being just half
the sum demanded, together with 2s. costs.
The COMMISSIONERS strongly advised Mr. Bentley to
make specific arrangements with his workmen, in order to
avoid such claims in future.

• POLICE INTELLIGENCE.

MANSION-HO USE.
The following case will give the public an idea of a prac-
tice of late acted upon with much success.
A waterman who plies at the Tower-stairs was sum-
moned before the LORD MAYOR yesterday under the follow-
ing circumstances :
A gentlemen of the name of Webb stated that he and
his brother and two other persons went at twelve o'clock at
night to the Tower wharf some time ago for the purpose of
embarking in the Eclipse steamer for Boulogne. They had
with them about sixty poundS weight in their trunks, and
understood the charge to the waterman for setting them on
board amounted to ninepence. They were therefore a
good deal surprised at being told they must pay five shil-
lings, and five shillings they were obliged to give, for the
waterman no doubt calculated upon their positive depar-
ture from necessity. The name of Fenton was on the boat
and upon the prosecutor's return to England he took care
to serve the owner with a summons, and Fenton accordingly
attended.

Fenton—My Lord, upon my honour and word I know
nothing of the matter. I wa'nt there. I know this gen-
tleman well, and I am not one as could do such a thing.
Mr. Webb said that the name of the defendant was cer-
tainly painted upon the boat, and he believed the defendant
to be the offending person.
Fenton—l was engaged elsewhere in taking some
foreigners to a steamer. I couldn't help is if another
person takes my boat and uses it ; but I never beard of
such a thing as this. I have a witness as can prove it.
Come along, Jack Brocklewell.

Brockle;e11 (another waterman) here stood forward—My
Lord, upon my honour Fenton was not there at all, quite
different.

Mr John Webb (brother, to the prosecutor)—Upon my
oath I believe the witness to be the man who extorted tl e
money from us. I have no doubt he is the same, for I held
the lamp up to his face, and looked at him narrowly.
Brocklewell—Me the man ! Not I, indeed.
Fenton—For my part, I thought it was for something
else I was summoned here.
The LORD MAYOR—What ! for taking in somebody
else ? (A laugh.)• Fenton—No, my Lord, I never takes
in nobody.
Mr. HoßLEß—These watermen play tricks and get
money by exchanging boats, and when the injured parties
make complaints, they find that the owners are different
persons, and these lies are trumped up about the improper
conduc; of fellows who take such liberties. By such means
the public are robbed in the most flagrant manner. •
The LORD MAYOR—A poor wretch is sent to the Old
Bailey for stealing a pocket handkerchief, four of which
would not produce 45.3 d„ the money stolen in this case.
The watermen are bringing upon themselves utter ruin by
such a course. It is no wonder that small steamers are
building to pass to all parts of the Thames. But the matter
shall not end here. 1 shall take care that the principal
officers of the Watermen's Company attend here on
Wednesday, and ascertain whether we cannot effectually
check this practice of conspiring against the public. lam
well aware that foreigners who get on board steam-vessels
are, in hundreds of cases, plundered by the watermen and
the coach and cab-men, and I will feel grateful to all who
bring cases of this kind before me.
Fenton—But you see, my Lord, upon my honour I
knowed nothing about it whatsomever. Bless you, the
gentleman is mistaken.
The LORD MAYOR—I shall remand the case till Wed-
nesday, and will endeavour to protect the public under such
circumstances.

MARLBORO U GR- STREET.
An elderly-looking female, apparently in a most infirm
state of health, was brought before Mr. Chambers, charged
with being found sitting in the streets, having no place of
abode.
Lloyd, one of the constAbles of the C division, deposed
that the female was brought to the office yesterday, and
discharged at five o'clock. At Eevon o'clock he found her
sitting on the step of a door in Marlborough-street. Find-

_ .
in; her to be incapable of walking, and ill; he took her to
St. James's workhOuse, but they refused to take her in ; he
thenthou-ghtit to be his duty to bring her to the office.:
Mr. CHAMBERS inquired who and what she was? In
reply: it,was stated that about five years ago she was living
in a, very gay manner, and under the protection of Mr.
Squibb, son of the late eminent auctioneer of Saville-pas-
sage. Occurrences took place which led that gentleman
to break the connexion, and he entered into a bond to allow
her an annual sum. This was paid for some years, but
owing to her conduct it was discontinued ; and she having
obtained a sum, went down to Chelmsford, where she re-
mained for the last three years. A few days ago she
showed the bond which Mr. Squibb had entered into to
the overseer, who gave her seven shillings to come to town
for the purpose of prosecuting her claim. Mr. Squibb and
his family being dead, she discovered the bond to be of no
value. Having nothing to support her, she was under the
necessity of lying about in the streets.

Mr. CHAMBERS observed that the parish of St. James
must relieve her, for she was not to die for want.
The worthy Magistrate then sent for a hackney coach
and had her sent to the workhouse. In a few, minutes she
was brought back, the overseer having refused to admit her.
Mr. Bryant shortly afterwards came to the office and
observed, if they admitted the female they should become
saddled with her, and there was no proof of her belonging
to Essex.

Mr. CHAMBERS—If I send her to gaol,•when she comes
out you must pass her.
Mr. Bryant—ln my opinion she is an impostor.
Mr. CHAMBERS—If you can prove that, I will send her
for a month to prison.

She was then sent back to the workhouse, for the pur-
pose of being examined by the surgeon of the parish.

Q UEEN-SQUARE.

DUCKING AN INFoRmER.--Yesterday J. Day, the
driver of a water-cart at Fulham, was charged on a warrant
before Messrs. GREGORIE and WHITE, with the following
assault on Robt. Riddle, one of Byers', the informer's,
witnesses :

The complainant stated that on last .Thursday afternoon
he was sitting outside the George public-house, at Fulham,
when the defendant came up to him, and invited him to par-
take of something to drink with him ; he drank part of a
pot of ale in a very friendly sort of a way. The defendant
then-left him, and shortly after returned in company with
several other men. Without saying a word they seized him,
carried him to a water-butt full of water, and without any
ceremony they put him head foremost into it, at the same
time setting up a horse laugh.
The ducking business was not denied, and the defendant
was ordered to find bail, himself in 401. and two sureties in
201. each, to answer the charge at the sessions.
COMPROMISING INFORMATION.—AN EXPOSE.—James
Porford, proprietor of the cabriolet No. 689, appeared to
answer an information laid against him by Dighy, the in-
former, for not having his plates properly placed on his
cabriolet.

This was an adjourned case from last week, which, it ap-
peared, had been compromised by the defendant and the
informer for the sum of 10s. The circumstances were as
follows :—After the case had been adjourned Digby agreed
with the defendant to drop all proceedings in the case on
payment of half a sovereign, which was consented to, and
the defendant paid him the money. This little private
piece of business, however, got whispered abroad, and
Digby became alarmed, and on the same evening he called
upon the defendant, and told him that he must come for-
ward to answer the complaint, and told him what to say to
the Magistrates, and if ho was fined, he (Digby) would pay
the fine for him.

On the case being called upon, the defendant Porford let
the cat out of the bag, and informed the Magistrates of the
whole of the transaction between him and Digby.
Mr. GREGORIE appeared surprized, and to depict
Digby's countenance would be almost impossible. He was
completely struck dumb for the moment. Mr. Gregorie
asked him if the account of the compromise, as related by
Porford, was correct ?

After some hesitation Digby admitted that he had re-
ceived the money, and stammered out a very lame excuse
that he had known the defendant ever since he was a baby,
and he had settled the matter with him out of friendship.
Mr. GREGORIE indignantly dismissed the case, and said
that he should take time to consider whether he should ever
allow him to lay another information or give evidence again
at the office.