The Sun.
London, England, 1858-08-23 00:00:00

Mr. Leeminr opened the pleadings in this case, and
Mc. Monk, Q.C., laid the facts before the jury. Ile said
that so far as regarded the conduct of the defendant it was
one of the moat serious ever submitted to a jury, abounding
as it did, not only in profligacy and libertinism, but adding
thereto a greater degree of breach of friendship, breach of
hospitality, and of hypocrisy, than such cases generally pre-
sented. The plaintiff was a farmer and provision dealer,
residing at Worsley, near Manchester, and the father of a
family of four children—three girls and a boy. The eldest
of these, a young lady of 16, and the subject of the present
action, had been educated at a respectable school distant
from her father's house. Her education had been quite
equal, if not superior, to the sphere in which her parents
moved. The defendant was a substantial farmer, residing
near the plaintiff, and the respective families had been inti-
mate for a considerable time. When the plaintiff's eldest
daughter (Miss Ellen Parr) came home from school she re-
mained in her father's as an assistant in the shop, and was
of very considerable use to him in that capacity. Some
mouths after she came home, the defendant (who was a mar-
ried man, and more than old enough to be her father) began
to show her considerable attentions. These attentions were
quiet and secret, to avoid observation. He described his
marriage as unhappy (his wife being considerably older than
himself), and gradually lie succeeded in seeming the aff,e-
lions of Miss Parr, and obtaining possession of her. lie was
very cautious in his movements, advised her to be cold and
distant in her demeanour towards him, and although induced
to correspond with him, their letters being placed in the hollow
of an old tree in order to prevent the employment of a messen-
ger—he strictly enjoined her to destroy all these letters so
as to avoid risk or discovery. He believed that she faith-
fully followed his instructions, and that all the letters which
she received from him at that time were in point of fact de-
stroyed. After this he became dissatisfied with the kind of
intimacy he had with her and be urged her very strongly to
leave her father's house. In the month of February last
there was to be a party at Bolton, at which the defendant
and his wife and the young lady's father were to be present.
The defendant recommended this as a favourable time for
leaving home. She did leave home. That night her father
returned from Bolton accompanied by the defendant, and
when the mother, who was naturally much alarmed, men-
tioned her slaughter's absence, the defendant expressed him-
self in terms of the strongest sympathy. Oa the following
day he saw the parents again, when he renewed his sympa-
thetic expressions, and carried his hypocrisy to the extent
of going to Manchester with her father to look fur her,
although he knew perfectly well where site was and unaer
what circumstances she had gone away, and that he himself
had, in fact, induced her to leave home. There was one
circumstance, however, which lie (the learned counsel) had
omitted to mention. The defendant had induced Miss Parr
tc' write a letter to a person named Openshaw, and to place
it where her mother might find it, the object being to direct
suspicion towards Openshaw. Upon the fmliug of th' s
letter the father immediately went to Openshaw, who, of
course, at once and indignantly (and truly, as it now ap-
peared) denied all knowledge of the young lady's conduct
and movements. It was subsequently discovered that
when she left home Miss Parr went by the railway to
Mancbes:er, and there met an elderly person, who as-
sisted her to obtain a lodging for the night ; that next day
she took a letter to a person to whom the defendant had
directed her, and that in the lodgings to which she
removed afterwards the defendant frequently visited her,
supplying her with money from time to time to enable her
to pay her expenses, the balance of which money she re-
turned to him when she aimately returned home. When
she first arrived in Manchester the defendant desired her
not to go out by day, and only to take such walks as might
be absolutely necessary, fearing no doubt that she might be
recognised. For some time she obeyed him in this respect,
but at last that which the defendant had apprehended ac-
tually happened. She was met and recognised by a young
man named Booth, who, partly by threatening to call in the
police, and partly by representing to her that her mother
was in deep distress, induced her to consent to return home.
And here he came to a part of the case which it was impos-
sible to contemplate without strong indignation. The de-
fendant, during the three weeks that Miss Parr remained
at Manchester, repeatedly represented to her that her father
and mother regarded her departure with ind'fference, while
in the course of his intercourse with the father and mother
themselves he only spoke of her with acrimony and anger,
counselling them altogether to forget her; telling them
" that as she had made her bed so she must lie," and doing
all he could to make a lasting breach between them. There
was something in this course of conduct so deceitful, hypo-
critical, and malignant that he could scarcely contemplate
it without feelings of the strongest indignation. After the
girl's return home a letter was found addressed to her which
he would read to the jury by and by, but it was impossible
for some time to trace the person who had induced her to
leave home. At length, however, a watch was kept on her
movements, and when she was welking in the garden one
day, her father, who had placed himself in a convenient po-
sition, observed his intimate friend, the defendant, drop
over the fence a small parcel, which the young lady picked
up. The father insisted upon seeing what this parcel con-
tained, and he received from his daughter the letters which
would now be read, and which no doubt the jury would say
fully confirmed the young woman in every particular. Mr.
Monk then proceeded to read and comment upon the let-
ters, observing, in aggravation of the defendant's conduct,
that when he dropped the letters over the wall lie was ac-
tually on his way to his chapel, and that upon this very day,
ignorant, of course, that the father had received the letters,
he had the hypocrisy to invite the plaintiff to his house to
partake of his hospitality. Of course the complainant indig-
nantly refused. The defendant had often told the girl that
he was a man of wealth, that he had property at Southport,
that he was worth £lO,OOO, and that he did not care about
the expense of maintaining her. The passages in the letters
desiring her not to care about her clothes were consistent
with these representations. The learned counsel then read
the following letters

"Friday Afternoon.

My loving Heart,—l gianyour sweet and losing letter,
and you say that mine did not meet your mind altogether,
and when I found you had gone from home the other night,
I could not bear it. I was quite heartbroken, when I found
you were gone, and I could not see you. I will meet you,
from half-past six to seven to-night, an:l we shall be able to
meet in the beginning of the Next week in the morning.
You don't know bow I was thinking about you last night,
and would a hundred times sooner have been with you than
all others. My heart is constantly bleeding for you, particu-
larly when we get disappointed. I hope to have a running
kiss to-night with you, ani next week we will fetch up lost
time. It is too light this week in a morning, for we must be
careful not to let any one see us. I send you my love, and
at the same time I must confess that I thought I would see
what you would say to my last note, for, bless you, I know
you love me, and can't love another as you do rue. I wish
I might be aware to-night, so that we can have a chance.
Good bye, dear, and I can't love you too much for your
loving and long letter, but will repay you when we have
time to be in each other's arms.—Adieu, sweet love."
[The first letter was found in January. The two follow-
ing were in the parcel thrown into the garden.]
"My dear Love,—l waited until near ten last night, but
you did not come. Your note put me about a deal,
when I see how you are troubled. You wanted my advice.
Well, it is this. Keep up your spirits, and endeavour to get
away every night or in a morning. You can't stay you say.
Don't mind clothes, as you can have fresh, for you can go
when both of them is in the house, you can be a field off the
house before they knew you were gone. I will look at those
two big trees every night at nine o'clock. You could get
over the gate into Samuel Grundy's field, and go across to
Boothall-britige, then you would he from neighbours. If
3ou can get into my field to the two trees, between the house
and canal, I can help you away, bet care nothing about your
clothes, they are not worth notice ; but go you must for so
how you are, whether itnthe way you named or not ; neither
of us can live in this way, so take courage and ro. I will
look in the field every night at nine. I would go when
some one is in the house. I should not care for company
being in, as they would not be so sharp after yeti, or if F.
is missing a while I would go. You must get away. lam
very miserable to think you are so unhappy, for I will make
you happy if you can but get off, and I am sure you may
net away. Get a shawl over your head, and leave your
bonnet, when you come to meet me in the field, and, if
you met any one, they would think it an Irishwoman; and,
if you get to me. I will held you away, depend on it; or
if yeu can slip Win a morning, when you are all getting
up, you could get off on the canal • but night is best. Do
love, do love, try to get off. We will be all right, if
you can get away. I am afraid of them finding us out.
Don't be broken-hearted, but be determined at once,
for I knew you can, and we bath shall he unhappy until we
have met. Bless you, my heart aches to be with you. Oh !
when, when must we meet? I will go every night, at nine,
in my field to meet you, until you come. Go along the canal
bank, and then you can turn, into the field, and come to the
big lice; so, if any one saw you, they would think you was
going along the bank, and it would deceive them. Be sure
you endeavour to get away. Oh, my sweet love, do, my
sweet love. I can die for you, I feel so much for you. I
send you a kiss until we meet. All is right at the fix end."
"My dear Love,—l can't help adding bit after bit, not
knowing whether I can get the chance of giving it to you
or not. You must go, love, or it will kill me to be in this slate.
Don't mind, but try to get eff. If you conid get into my
field I could hide you for the night in safety, so do, love. I
I will go every night into the field to see if you are there. I
will be as late as pelf-pact riot, but try, love. My feelings
overcome me. I can see a differer.,ce in your people- I hope
you will get away without me being found out, for I would
die the very day if I was found Out. I love you so that I
can freely die for you any inoment. It would, perhaps, be a
good way to run :cross the field and through the hedge into
Smith's field down towards the canal, and wait till all is
quiet, or if you could come down .he lane a little, anti get
into Simnel Grundy'e fields, and ;;cress to Boot lialhn idge,
would go after you that way.
no one You c mid creep
through a hedge or two. You go when i het eis company in
the house. You could get two ftelde off before they would
ask for yin]. Five minutes would have you over the canal.
If it is so that they take you anywhere, set off either by day
ea night to Mrs. Owen's, for she will he glad to receive you,
and I will soon come. You are perhaps gone now, fur a'l
that I expect to hear is your being misting. Good bye at
It iniolit have been expected that after the discovery of the
present, my
le'ters, the defendant united have felt some remorse, and
dear, dear life."
would have forborne from further solicitations of the girl,
but the jury Would find that he had persevered.
At this stage of the learned counsel's opening, the efforts
to compromise
renewed. The judge had askel at the
outset whether
suns to be tried, and Mr. Monle had
d ti et it was undoubtedly a most painful case, but it
wdeere case
rep le I.
appeared there was
some ditierenee as to terms, which it
last it
impossible to get over. Alwas suggested that
was
be done. Mr. Baron Mar-
tinthe judge sheuld say what should
but agreed to see the counsel
declined this responsibility,
in his private room, and after a very short conference it was
announced that the defendant Lad consented to a verd!et for
the plaintiff—damages £4OO.

---
WESTERN CIRCUIT.—BRISTOL, AUG. 21.
(Before Mr. Baron ChannFll and a Special Jury.)
CIVIL SIDE. •
GARTON AND ANOTHER V. THE GREAT WESTERN RAIL-

WAY COMPANY.
Mr. Collier, Q.C., and Mr. Ellin appeared for the plain-
tiff+ ; Mr. Montague Smith, Q.C., and Mr. Barstow for the
defence.
The action was brought nominally to recover £lol4s.
alleedw leftol,vr the
rehargznp,aanndyhad in
£2O, being
detiangtdheanyd c alue
novfeartecd, ratbeuotf
goods
in reality it relatrd to a sun( of upwards of L-2,000. in which
tho plaintiffs allege the railway company is indebted to them.
The first count of the declaration r.lleged that between the
Ist May, 1838, and the Ist July, 1858, the plaintiff delivered
to the defendants (livers goods to be carried from Lendtn to
Btectoolralit:sn,n;ltef,,yohtrahlrmangtwoeth e pl al n t ifs were always ready to pay a pro-
per sum for the carriage thereof, but that the defendants re-
fused to deliver the same until they were paid a larger sum
md
oneys
yhine
that the
a tdwb
aee
nr
defendants
allowed
received
d e
fe n
4 a An
detained
e secondttoai
annead
a package of property of the plaintiffs- and there was a third
for the use of the plaintiffs. The pleas,which were
in number, raised every possible'
legal question that could
be urged, putting in Issue the facts, denying the sufficiency