The Sun.
London, England, 1856-07-25 00:00:00

DOLLING V. BAKER.

Mr. Smith and Mr. Cox were counsel for the plaintiff ;
and Mr. Collier and Mr. H. T. Cole for the defendant.

This was an action for breach of promise of marriage.
The defendant denied making the promise.
The plaintiff was a young girl of 17, the daughter of a
day labourer at Exeter, and the defendant. was a small
farmer in the neighbourhood.
The mother was called to prove the promise. The plain-
tiff had been a servant to the defendant's mother, and upon
her leaving all the parties met at the Ship and at the White
Hart public-houses. They frequently went there. There
were a great many people there—sometimes soldiers and
some girls. Her other daughter was there. She was sorry
to say that other daughter was gay. Upon one occasion
her daughter (the plaintiff) received a letter, and she be-
came very ill. The mother then went to the defendant at
the White Hart, and spoke to him. He said it was not
broken off, but only postponed, and they would be married
next week. m a kg. am pan ed the mother to the plaintiff,
who was in bed,' and they made it up. He was going to
give her a bonnet; she wished to have a white one, but he
preferred a pink one, because he was in ;noun:ling. The
defendant gave her 101. to 1 ig herself out for the marriage.
Tho father of the plaintiff was called, and he stated that
his daughter was very miserable after receiving a note,
and he went to the defendant, who said it should be all
right. He went to the Ship public-house. There was
dancing going on, and fiddling ; his daughter " Nell" (the
gay one) danced, but not Ann, the plaintiff.
Other persons were called, who swore they heard the
defendant say ho intended to make the plaintiff his wife.
It was when they were at these public-houses. Upon one
occasion the defendant said to the plaintiff, " I have de-
ceived Mary Ann, but if I deceive you may my right hand
chop from my body. I will have the wedding dinner at the
Ship." He said he should be married by licence at St.
Mary Major's Church, as money did not matter. Some-
times " Nell" was at the ship every night in the week, but
Anu did not go there without her parents, who came there
two or three nights a-week to have some beer.
, The defendant's chattel property had been valued at
about 1.500/.; he was about 36 years of age.
Mr. Collier, in addressing the jury for the defendant,
observed that they had heard from his friend two long
speeches, the one being a reiteration of the first. A smaller
case of breach of promise he had never hoard. He could
nut call the uefend mt, who would have altered the features
of the case. A match more unsuitable could not be ima-
gined. Let them consider the family of the girl—the pa-
rents, the gay girl, and the plaintiff spending almost every
evening at the ship public-house, sitting in the same room
with persons who were admitted to be prostitutes. What a
marriage of misery this would have been. The defendant
seemed to have sat between Ann and Nell, and in his cups,
no doubt, thought—" How happy could I be with either."
Every one must be glad this young foolish man hed es-
caped. This was one of the scrapes into which a man got
by frequenting such places and indulging in drink ; but he
submitted to them it was not a case for damages.
Mr. Baron Martin summed up. Even if a man chose to
promise a prostitute to marry her, knowing what she was,
he was bound to pay damages if he broke that promise.
The jury returned a verdict for the plaintiff—damages,
501.

NORTHERN CHICIIIT.—DuRnam, JULY 23.
The commission was opened yesterday by Mr. Justine
Willes, who afterwards attended Divine service in the
Cathedral.

(Civil Court.—Before Mr. Baron Bramwell.)
SIIITH V. MOODY AND THREE OTHERS.

The Hon. A. Liddell appeared for the plaintiff; the de-
fendant conducted his own case.
The action was for the seduction of the plaintiff's
daughter.
The plaintiff is a mariner and also keeps an inn at Sun-
derland. When at sea his wife and three daughters at-
tend to the inn. Emma, the daughter seduced, was at
the time not more than 15 years old. The defendant is a
shipwright, and, having contracted a friendship with a
son of the plaintiff, used to frequent the house, and would
occasionally exhibit his drawings, having some taste in
that way. About May, 1855, he induced the girl to ac-
company him in his walks on the sea banks, in the course
of one of which he offeoted her ruin, having induced her
to consent by a promise of marriage. In September he
deserted her, being attracted, it was supposed, by another
young woman, In January the girl was delivered of a
child. Her mother charged the defendant, who did not
deny it, with being the father. A sovereign, supposed to
be from the defendant, was sent anonymously to the
mother. The girl became very ill, and unable to suckle
the child, which died on the 4th of March. She still is in
bad health. The defendant refused to make any compen-
sation, saying he had done enough.
Emma Wilkinson, the daughter, was called by the
learned 'counsel, and gave evidence of the facts stated.
She appeared two or three years younger than her real
age, which she said was 16 last March.
Other members of her family were called to speak to the
conduct of the defendant. He made no defence, and, after
a short summing up by the learned Judge, the jury found
a verdict for the plaintiff—Damages, 251.