The Sun.
London, England, 1859-03-19 00:00:00

SMIT' V. YOUEI:.
Mr. Collier and Mr. Prideaux were counsel for
the plaintiff, and Mr. Slade and Mr.. Yonge were
counsel for the defendant.
This was an action for breach of promise of mar-
riage. The plaintiff, Miss Elfrida Smith, is the
daughter of an oil merchant, and who had formerly
been a chemist and druggist at Plymouth. The
defendant is a master in the navy, and son of Capt.
Youel, who was a captain in the Royal Navy. The
defendant met the plaintiff at a party at Plymouth,
Miss Smith being then about 21, and a young lady
of considerable personal attractions, and the de-
fendant about 33. The defendant asked permis-
sion to visit at her father's house, and in January,
1854, made a proposal of marriage, which was
accepted, to the satisfaction of the parents of both
parties. In the early part of 1855 the defendant
obtained an appointment as master of a ship, to
proceed to the L'ast, and it was arranged that they
should be married on his return. He remained
abroad for four years, at Hong Kong, Canton, and
other places, and during the whole period wrote,
by almost every mail, letters in which he spoke of
Miss Smith as his " dear Elfri," and gave various
accounts of the storming of Canton and the capture
of Yeh. In the early part of May, 1858, he re•
turned to this country, and went immediately to
Mr. Smith's house. He continued his visits there,
going to church twice on Sundays with the
plaintiff, and visiting his friends and going to
parties with her, treatin her in every respect as
his bride. On Friday, the 21st of May, they had
been spending the evening out together, and on
bringing her home at 11 at night he kissed her at
the door, wished her good night, and desired her
not to be alarmed if he did not come next morning.
He did not come the next day or the day after, and
Miss Smith thinking he Ny. as unwell wrote to him
on the Monday, and received the following answer :

" I have received your note, and in reply to7sanie I must
refrain from all further intercourse with you, for I plainly
see that our marriage will be nothing but discord between
our families, and to live in that state will be more than I
can bear. " FREDERICK YOUEL."
On receipt of this letter Mr. Smith saw the defen-
dant, who stated that he found he did not love Miss
Smith, and the affair must be at an end.. The pre-
sent action was then brought.
Mrs. Smith, the mother of the plaintiff, was
called, and proved the above facts, and also that on
receipt of the letter of the 24th of May the plaintiff
became very ill and remained so for some time,
being compelled to have medical attendance, and
being confined to her bed for a fortnight.
Cross-examined--:-Mr. Smith and his family had
resided in one of Captain Youel's houses for ten
years, but during a great portion of that time the
defendant was at sea. There was a report before
the defendant sailed that they were about to be
married clandestinely, but Mr. Smith called on
the defendant to say that should not 110 so.
Captain Youel came to Mr. Smith's so fre-
quently during the last 10 months of the defen-
dant's absence that it was not considered necessary
by any of the Smiths to call on Mrs. Youel, there
being some coolness between them. Had heard her
daughter say that the defendant had said after his
return he would take her to his father's.

Re-exaMined—Mrs. Youel is the stepmother of
the defendant, Captain Youel's third wife.
Mr. John James Smith, the plaintiff's father,
proved that Captain Youel had property in Ply-
mouth, and that the defendant met him in the
street and told him that Miss Smith and he had
arranged the matter between them, subject to his
approval, which he readily gave, with the ap-
probation of the defendants's father. The defen-
dant is now master of the Racoon.

Cross-examined—Defendant's father objected to
their marrying before he went to sea, as he was
slightly in debt, his outfit not being quite paid for,
and he thought he would be better off on his
return.

Miss Woolf, an old friend of the family, proved
the intimacy existing, and that the defendant be-
fore leaving expressed to her his wish to marry.
Miss Smith. She appeared to be very much at-
tached to him.

Mrs. Taylor proved that Miss Smith was very
ill on receiving the letter, and continued so for
some time.

Mr. Scott, chief officer of Coastguard, stated that
the rank of master in the navy was equal to that
of a captain in the army, and that on the 26th of
May last the defendant told him he had broken off
the match with Miss Smith, as he found her much
altered and he could not love her. He considered
the defendant's appointment worth £250 a-year,
which would increase to £5OO, and the widow of a
master was entitled to a pension of from £5O to
£BO a-year.
Cross-examined—Mr. Smith suggested to me to
go to Mr. Youel and return a call ho had made
upon me, and it was voluntary on my part to repeat
the private conversation to Mr. Smith, as I consi-
dered it my duty to do, being a friend of many
years' standing of the family.
Mr. Harris, a lieutenant in the navy, proved
going to the theatre on the night of the 24th May,
with defendant.

Mr. Collier summed up the evidence, and
Mr. Slade addressed the jury for the defendant,
in mitigation of damages, and urged that he, being
a young man before going to sea, had formed a
warm attachment for the plaintiff, but on his return,
after four years' absence, he found his feelings so
altered towards her that he felt he was in duty
bound towards Miss Smith as well as himself, for

the sake of their future happiuess, to break off the
connexioti.

Mr. Justice Crowder summed up the case to the
Fury, who found a verdict for the plaintiff.
homages, £5OO.

POLICE INTELLIGENCE.—March 18.

WORSHIP - STREET.—Charles Pearson, a
powerful young fellow, was charged with being
concerned with a number of others in burglariously
breaking and entering a dwelling-house.
The case possessed some ludicrous incidents. Mr.
Henry Croney is a photographic artist in Anne's-
place, Hackney-road, and came home the preceding
afternoon so much the worse for what he had taken,
as Mrs. Croney said, that he went to bed at six
o'clock. She herself did not do so till just before
eleve,i, when she fastened up the place all but their
bed-ruom shutters, which she thought it unneces-
sary to do, as the sash itself was well secured. She
was restless, and could not sleep till just before four,
when, while dozing off, she heard two knocks at
the street door, but thought nothing of them, as it
is not an uncommon thing in that neighbourhood
for people to mistake others' houses for their own.
In a minute or so afterwards, however, she was
alarmed at seeing the bedroom shutters gradually
open, and distinctly counted five men's heads and
faces staring in through the window. Two of them
tried to force up the window, but could not,
and the shutters were then closed, followed by a
pause, and the next moment the sound of a key
was heard in the street-door lock, followed by three
heavy, dull blows, at the door, which gave way,
and the men were then evidently in the house,
the box of the lock having been forced off and
dropped inside. She immediately roused up Mr.
Croney, who sprang out of bed, grasped the poker,
ran to the head of the stairs, and, calling out,
"If you want me, here I am," saw five men before
him, all in a cluster, among whom he did not
at all hesitate to precipitate himself, and made
such excellent use of the 'poker that four or five
good heavy blows from it cleared the house of the
thieves, who took to their heels down the street.
It was a very wet night, and Mr. Croney was in
his shirt only, but down the street he set off after
them, shouting ‘: Stop thief!" very lustily; and,
thisbeing rather inconvenient to the pursued, they
suddenly stopped at the end of the street, turned