The Sun.
London, England, 1835-05-07 00:00:00

COURT OF COMMON PLEAS.

WOOD V. HURD.—BREACH, OF MARRIAGE PROMISE.
Sir FREDERICK POLLOCK observed, that Miss Wood was
the daughter of Mr. Charles Wood, a highly respectable
solicitor of Manchester, who was the friend of the late Mr.
Philip hula, the well known solicitor of the Temple, and
the father of the defendant. 'inc Lie Mr. Herd had
amassed a very large fortune., He had two sons and a
daughter, the latter of whom died in his lifetime, and he
died worth about 100,0001., the bulk of which he left to
the defendant. Mr. Wood, the father of the plaintiff, was
introduced to the late Mr. Hurd a great many years ago,
and the same friendship which existed during the lifetime
of Mr. Hurd, was continued between the families after his
death. In the course of 1833, Miss Wood was permitted
by her father to pass a short time with Mrs. Hurd, at their
house in Kentish Town, and she remained there about five
or six weeks. In the beginning of the following year, the
defendant for the first time made proposals of marriage to

her. This was not an attachment formed by a casual
meeting, but a proposal made to a young lady who had for
weeks lived under the roof of his mother, whom he had every
opportunity of seeing.from morning till night, and whose tem-
per, disposition, and character he had the means of studying.
When the proposal of marriage was made to Miss Wood
she communicated it to her father, who was then in Lon-
don. Mr. Wood, shortly after receiving the communica-
tion, waited on Mr. Hurd. Mr. Hurd pressed Mr. Wood
for his consent to the union, but Mr. 'Wood declined
giving an answer till he had seen his daughter, and the de-
fendant's mother. This occurred in January, 1834. Mr.
Wood then waited on Mrs. Hurd, and she was delighted at
the prospect of the match. The defendant then visited at
the house of the plaintiff's father at Manchester, and cor-
responded with Miss Wood in the usual manner that a gen-
tleman did who addressed himself to the object of his af-
fections. In the course of June, however, the defendant's
attention, in point of correspondence, fell off; and at
length it was ascertained from him that he had no intention
of marrying Miss Wood. The circumstance had a serious
effect on Miss Wood. She was confined to her bed for
some time ; and she had not yet recovered from the effects
of the shock which the disappointment had occasioned.
The Learned Counsel, after observing that Miss Wood had
great personal attractions, and had youth on her side, being
only twenty years of age, and the defendant twenty-four,
said he defied his Learned Friend to allege anything against
b
her character, or to assert that anythinerbut caprice had in-
duced the defendant to cast the young lady from his affec-
tions, and to blast her future prospects in life.
Mr. Wood, the plaintiff's father, was then examined.
After stating that he had seven children, the plaintiff and
six sons, and that he was a widower, he described the
friendship which existed between his family and that of the
late Mr. Hurd, and stated that, at Easter, the defendant
cahic jo:-, f.om London, and he tl.en pressed for the mar-
riage to take place at an earlier time than Midsummer.
He returned to town ; and shortly after he wrote witness
a letter, in consequence of which witness went to London.
Mrs. Hurd had previously arrived in Manchester, and she
said she came down at the request of her son. The mar-
riage was then broken off, and witness requested the late
Mr. Hurd's partner to call on the defendant for an expla-
nation. His daughter had not been well since, and she now
remained in a very delicate state of health.

The witness was cross-examined, but nothing material
was elicited. On re-examination, he stated that there was
not the slightest pretence for saying that he had made Mrs.
Hurd an offer of marriage.
The defendant's letter was here read. It was to the fol-
lowing effect :

" My Sweetest Rose—My wish and daily expectation of
being enabled to inform you that I had taken a house, is the
reason why I have delayed writing. I have made an offer for
a home in Russell-square, but have not yet received an answer
to my proposal. lam already quite weary of my own com-
pany, and long to reach Manchester. I really trust that if
your papa is suited with a housekeeper, my state of probation
will be shortened. You know not, love, how unsettled lam
unless from your own feelings, which will no doubt represent
me as sighing like a furnace.' I really cannot do anything.
You are indeed hard with me. An acquaintance of mine who
made an offer of marriage to a very prudent young lady a
month ago, is to be married next week. If I meet the chap I
will ask him how he managed it ? It is certainly not etiquette
in this part of the world to keep the public expectation on the
qui wive for five months. I really feel quite poutish, and on
my arrival at Manchester I shall cause a scene about it. I can-
not conceive what I wait for except the stupid old house-
keeper. If your papa cannot find such a commodity at Man-
chester, let him commission me to bring a dozen in my hand,
or per Procter's barge, for examination. (After mentioning
some matters about his mother which it is not necessary to state
he said)_l have not sought your affections to betray them,
and know you have full confidence in me, which, with God's
blessing and my best exertions, you shall never repent of. I
love you dearly, Rose, more every day, and if not interfered,
with—and we ought not to be—we shall be the happiest pair
in Europe—aye, or' in the great globe itself.' You must give
me a commission to execute for you. I must have exercise in
lour taste. You must want many things, and as for attending
to business, I really cannot. My regards to all, and pray
write, write, write am, my dearest girl,
" Your own attached,
". P. HURD."
Mr. Charles Bird and his sister, of Liverpool, proved
that the defendant visited with the plaintiff at his house.
He talked of the plaintiff as his intended wife.
The probate of the late Mr. Hurd's will was then read.
The personal property was sworn under 80,0001. He
gave to Mrs. Hurd for her life his horses, carriage, furni-
ture, Kentish-town house and library, and an annuity of
1,5001. To three relations he gave annuities of 501. each.
To his son Thomas he gave two estates and 10,0001., and
20,000/. more on the death of his mother. To his son
Philip he gave the residue of his property, including the
Kentish-town property at the death of the widow.
The ATTORNEY-GENERAL, for the defendant, after ex-
pressing his opinion that the action had not been brought
by Miss Wood, but by her father, who had been called as
a witness to excite the feelings of the 'Jury, and swell the
amount of damages, was ready to admit that Miss Wood's
character was pure and unspotted, far above all suspicion
and reproach ; and Mr. Hurd now, in the most public
manner, acquitted her of all blame. Mr. Hurd admitted
that he was liable to the consequences of this action for
not having fulfilled his engagement ; and, let the amount
of damages be what they might, he would rather pay them
than enter into any engagement, which he felt convinced
would end only in disappointment and misery. Mr. Hurd
could not be put into the witnesses' box to state why he
refused to fulfil the engagement ; but he (the Attorney-
General) took upon himself to state that it was a most
fortunate thing for Miss Wood that the union did not take
place ; and he hoped she had those prospects before her
which would enable her to enjoy the happiness to which
she was so much entitled.

The Jury, after consulting together about a quarter of
cm hour, returned a verdict for the plaintiff—Damages,
3,500/.

CONSISTORY COURT.

THE OFFICE OF THE JUDGE PROMOTED BY CHICK, AGAINST
RAMSDALE AND CHICK, FALSELY CALLED RAMSDALE.
Dr. ADDAMS said the Court was aware of the circum-
stances of this case, as on the last Court day the marriage
had between the parties in the cause was annulled (Rams-
dale having married Joan Chick, the sister of his former
wife) ; they were admonished to live separate and apart
for the future ; and penance was directed to be performed
by them on the following Sunday. The application he had
now to make to the Court was, that, under the peculiar
circumstances in which the parties were placed, that part
of the sentence relative to the penance should not be en-
forced. The medical certificate, produced in the present
case, would show to the Court the dangerous situation in
which the parties had been placed by the decision of the
Court.

The party who had promoted the suit was making pre-
parations to exult over the individuals against whom the
sentence of the Court had been given. A dinner had been
bespoken, and a company would be taken down on the day
the penance was to be performed in an omnibus decorated
with ribbons, in order to exult over the unfortunate parties.
He hoped the Court would not assent to an outrage of this
kind.

The KING'S ADVOCATE had no objection to assent to the
postponement of the sentence.
Dr. LUSHINGTON, in obedience to the forms and pro-
ceedings of that Court, had given its sentence, and directed
that the parties should do penance, as it was not competent
for him to depart from the usual course of proceeding. The
affidavit of Mr. Taylor, the medical man who had attended
upon the parties in the suit, stated that Mr. Ramsdale has
had an attack of brain fever, and that the most disastrous
circumstances might result from the enforcement of the sen-
tence with regard to the penance. As to Joan Chick, she
had also been seriously affected in her health, was pregnant,
and if exposed to performance of the sentence, her nervous
system might be seriously affected. He should therefore
not attempt to enforce the penance at the present time. It
remained, therefore, for the Court to consider whether he
should not merely suspend the penance, or whether he
should do away with it altogether. Under all the circum-
stances, he thought it right and fitting to remit that part
of the sentence which enjoined the parties to the performance
of penance.
The Court was addressed by Lady Winnington, who
prayed that she might have a citation calling upon her hus-
band, Sir E. Winnington, to answer why a marriage cele-
brated between them about twelve years ago should not be
pronounced null and void, on the ground of non-consum-
mation.

Dr. LUSHINGTON asked if there was any legal ground
why the marriage should not be set aside, and whether the
residence of the husband was within the jurisdiction of the
Court ?
Lady Winnington said there was no legal objection, ex-
cept that the consummation had not taken place. She be-
lieved her nominal husband resided in Middlesex. She had
no alimony allowed her.
Dr. LUSHINGTON said as there was no legal ground for
the dissolution of the marriage, and as it was not known
whether the husband was within the jurisdiction of the
Court, he could not direct a citation to be issued, as prayed

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