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

ASSIZ T LUG E NCE.

WESTERN CIRCUIT.
EXETER, WEDNESDAY, JULY 23.
The commission for hnliling the assizes for the county of
Devon was opened in this city yesterday afternoon.
Nrsi PRIUS COURT.—(Before, Air. Baron MARTIN and a
Special Jury.)
COOPER V. TRADER.

Mr. Collier and Mr. Coleri,lie;(3runsel for the plain-
tiff, and Mr. Sergeant Kinglako and Mr. Karslakc for the
defendant.

Thi,i was an action brought to recover damages for a
breach of promise of marriage. The defendant paid 60/.
into court.

The plaintiff was the daughter of a tradesman at Ply-
month, and the defendant was the master of a trading
vessel. Several letters were put in on behalf of the plain-
tiff, not only to prove the promise—which was virtually
admitted—but to show the terms upon which the parties
corresponded. We give HOMO of them for the amr.s.ment
of persons who are fond of this species of literature.
"Friday scorning. On board.
"Mv dearest Mary, —Astley is on board ; no t ea', for him,
poor fellow, for the ship is ie a horrid state. I received
this morning your dear note, and I sent him on deck.
While I write this, am truly concerned about your being
so miserable ; how I wish we were married now, but cheer
up, my dearest giil; go home, or ratlar anything than be
miserable ; what you cannot cure I am sure you will en-
dure for my sake; but I care not for Plymouth, or for
Plymouth folks, or Marian's married friends, or any one
else when the happiness of my dear Mary is concerned.
Are we going to be miserable for the sake of what they
think? Will they always think for us; or, if they did,
what would that profit us? Write me your inmost
thoughts in return of post, my darling, and let me con-
sider. Does our love grow, Polly, aye? I wish we were
snarried ; but cheer, girl. cheer. • I have managed to do
away with kissing Mass Walton at night now, and have
told the younger brother, Mr. William, of our engage.
ment. He is extremely pleased ; and I cannot write more,
my darling, for want of time. If quite possible, we
might be married ,in eight months and a-balf from this
date. Cheer, gie, elm.er ancl7- writet:o4„..Write_i ..asack
Itraitritaip yourvidlrtalilY rights; toiriog Pah: Pablitil,-•-•-we-
all have weakneis. Concluding
"Believe Me; darling, your own affectionate, loving,
" GEORGE.

"Constitution, Dec. 20, 1855."
" I shall be nothing out of pocket by this affair. My
25/. per month is going on since the day before the coach
accident. Still I wanno, get back to you, and for you.
I took a look at your dear portrait this morning, and I do
assure you, Polly dear, you look as jolly as ever; but still
not so good in the picture as you really are. Yon must
please write very often. Please let your worthy self be
well taken care of this changeable weather, to oblige,
dearest Mary, your affectionate George, who, in having
you to write to, with your affectionate heart, finds half
his troubles removed. I now conclu le, with kindest love,
believe,

"Dearest, as ever, your own,

."
GEORGE."

"My dear Girl,—lt's an age since I wrote to you, but I
know you don't blame me, but rather pity me, knowing
what pleasure it is to do so. You naughty kitten, to say
you won't take up my valuable timereauing yours. Hoping
you are well, believe me, with kindest love, your ever-
affectionate " GEORGE."

" Dearest Mary,—My darling, how much my love has
increased for you since your first note you can't imagine.
There is now at times such a thrill passes through no at
times when thinking of you that I am sure can only be
caused by pure love, and I have never felt it before,
although you become, as I have done before, what the
world calls courting; but that, dear, is too cold a name
wherewith to express the growth of my love towards yon.
I very much wish von will take to liking Dissenters. And
now, may that God above protect you, guide you, an ,t
spiritually instruct you, is the sincere prayer of, dearest
Mary, with kindest love, your ever-affectionate

' ' GEORGE."

"Dearest Mary,—The only real pleasure I have is in
reading your dear notes after all the world's asleep. My
dearest girl, I am every evening in gay circles, midst
beauty and accomplishment of varied shapes and forms,
but your dear image dwells with 'me, and to think of you
and that you love inn is my greatest treat."
After veryinany letters the defendant wrote to the plain-
tiff to say he was sure they should not be happy.
Mr. Sergeant Kinglake addressed the jury in mitigation
of damages.
The jury retired for some time, and then returned a ver-
dict for the plaintiff—damages 20W., including the GO/.
paid into court.

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
fanner 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—soinetimes 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. He accompanied 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 mourning. The
defendant gave her 101. to rig herself out for the marriage.
The 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 he int.mded 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
drop 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 " Noll" was at the ship every night in the week, but
Ann 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 1,500/4 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 heard. He could
not call the aefendant, 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 had 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,
50f.