The Sun.
London, England, 1861-07-13 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT.—HERTFORD, JULY 12.
(Before Mr. Justice Williams and a Common Jury.
HEDGE V. BARNETT—BREACH OF PROMISE OF

MARRIAGE.

This was an action brought by Anne Hedge, a
minor, who sued through her next friend, her
mother, to recover damages from the defendant for
breach of his promise to marry her. The defendant
pleaded that he did not promise to marry the plain-
tiff, and also that a reasonable time had not been
allowed him to perform his promise.
Mr. Montagu Chambers, Q.C., and Mr. Joyce
were counsel for the plaintiff ; Mr. Hawkins, Q.C.,
and Mr. Archibald were for the defendant.
Mr. Chambers, in opening the case, said that the
plaintiff was a young woman, 19 years of age, pos-
sessing considerable personal attractions, and the
daughter of respectable persons, but in a humble
condition of life, residing at Surrett Green, near
Watford, and the defendant was a small farmer,
living on his own property, in the same neighbour-
hood, and who was very considerably older than
plaintiff, and this action was brought by her mother,
her father having died during the interval, to re-
cover damages from the defendant for having broken
a solemn engagement to marry her daughter. The
learned counsel then proceeded to state the circum-
stances under which the action was brought, and it
appeared that the parties had been acquainted a
very great many years, and the defendant, in the
course of the year 1858, paid great attention to the
young lady, who was at that time only 17 years
old. At length, cn " Gunpowder Plot Day," in that
year, he opened his breast to the girl's parents, and
expressed his wish to make her his wife, observing
that he had entertained an affection for her ever
since she was a chile, when he had seen her trip-
ping across the green, dressed in a nice white frock
and blue jacket. The relations of the young woman,
who appeared to have exercised a good deal of pru-
dence in the matter, remonstrated with the defen-
dant upon the great disparity between their ages,
and the father told him that he should leave the
matter entirely in the hands of his daughter to de-
cide, but the defendant treated the question of the
age very lightly, and said he was determined to
have her for his wife, and it was with difficulty that
he was induced to wait until the young lady was
18 years, he himself being on the wrong side of 60.
After this the defendant was received in the family
in the character of a suitor to the young lady,
and he visited all her relations, and he was
looked upon by them all in the light of a fu-
ture bridegroom, and things went on smoothly
until the beginning of the year 1860,
when the defendant suddenly ceased his visits, and
in consequence of something that came to the know-
ledge of the family, Mr. Pugh, a highly respectable
professional gentleman at Watford, was requested to
write to him upon the subject of his promise, and
shortly after he had received the letter he again
visited the family, and renewed his intimacy with
the plaintiff. Her mother then had some communi-
cation with him upon the subject of the marriage,
and reminded him that the young lady had arrived
at the age fixed for the ceremony, and requested to
know what his intentions were, and the reply he
made was that he intended to marry her daughter,
but he would not do so until he chose, and that no
lawyer in the world should make him marry until
he thought
,proper. He continued visiting the
family until the 6th of July last year, and after that
day he never again made his appearance at the
plaintiff's cottage, and although several letters were
written to him, asking for an explanation of his
conduct, he took no notice of them, and at length
the present action was brought against him to re-
cover damages for his breach of the engagement he
had entered into,

Several members of the family were examined in
order to prove the above facts, and in the course of
the cross-examination of one of them Mr. Hawkins
pointed to a little old man who was sitting under
the jury-box, with a fiery red head of hair, and
whose general appearance certainly did not seem
calculated to create very ardent feelings of affection
in a good-looking young girl of eighteen, and asked
whether he was the defendant and the intended
bridegroom. The eyes of every one in court were, of
course, immediately turned upon the party indicated,
and when the witness replied that he was, there
was a loud burst of laughter, in which the learned
judge could not refrain from joining.
Mr. Chambers, in summing up the plaintiff's
case, observed upon what he called the bad taste of
the defendant in coming into the court and mak-
ing an exhibition of himself, solely for the pur-
pose of saving his breeches pocket. He said
that, although there was undoubtedly some dis-
parity in their ages, and the defendant did not ap-
pear to be quite the sort of man to captivate the
heart of a young girl, still there was no accounting
for tastes, and it was very probable that this
young lady, having known him from her child-
hood, might have entertained feelings of regard for
a man in his position, and she very naturally
looked forward to a marriage with him, as a means
of improving the condition of herself and her
family. He urged upon the jury that the defen-
dant had not given any excuse for his conduct, and
called upon them to give such an amount of da-
mages as would mark their sense of the miscon-
duct of which he had been guilty,

Mr. Hawkins made a most humorous speech to
the jury on behalf of the defendant.
The learned judge having summed up, the jury
returned a verdict for the plaintiff. Damages £l5O.

MANCHESTER UNITY OF ODD FELLOWS.—This
week has been an unusually busy one with the members
of the society in fetes and the celebration of anniversaries.
On Monday, at Aston Park, Birmingham, nearly 80,000
persons were present at a varied entertainment; and the
Pimlico District had a large muster in Baron Rothschild's
grounds at GannersburT. At Tottenham, on Tuesday, the
Bruce Castlo Lodge had a dinner, cricket-match, and ball,
r iet
distress
fu s
in good style; whilst at Chertsey, an influeGntoivainfestive
d
gathering ,was held in the Town-hall, presided over by
P.P.G.M. Filsell, assisted by P.G•M• Ito°. On Wednes •
day, at Rye-house, the Waltham Abbey Lodge assembled
their members and friends, including the
workers at Enfield Factory, and a numerous and happy
party had a thorough day's enjoyment—the large numberapily
of members in volunteer uniforms was rather surprising.
Great preparations are
wboeni
In
btghenedmit3sdpte,al
afoyorefdt h,Aeuangdu metropolitansat,
grandNv enpftrheofe:
wathtohlee
ofC rtyhsetafelurntaalaincee
fits;aerrepoianl
accompaniedLi by a dozen
cession of the order take place,
rifle bands and the regalia of
profits
, all Bristol,
cases
ai ssteosl ,
givenß ir-
minghamid,oawndiu: Dartford districts. dains
make a balloon ascent. Ir. Coxwell will also
to the w

[ADVERTISEMENT.]—We have read with much pleasure
Du Barry's Report on the cure of diseases NI ithout medi-
cine by Du Barry's Revalenta Arabica Food. The follow-
ing are a few extracts which appear to merit the attention
of many :—Cure No. 47,121—" Miss Elizabeth Jacobs, of
Nazing Vicarage, Waltham-cross, Herts : a cure of ex-
treme nervousness, indigestion, gatherings, low spirits, and
nervous fancies." Cure No. 52,612—The Dowager Countess
of Castlestuart, of many years nervous irritability, bile, and
indigestion. Cure 51,812—Miss Virginia Zeguers, cured
of consumption, after her medical adviser had abandoned
all hopes of recovery. Cure 180—Of W. B. Reeves,
181, Fleet-street, London, of " Twenty-five years
nervousness, constipation, indigestion, and debility."
Avoid Pills and Medicines : they invariably aggravate and
perpetuate diseases ; their annoyance, disappointment,
and expense may be avoided by using Du Barry's Food
which, at a few pence per day, saves 5C ti es its cost in
other remedies, removing effectually, without purging,
constipation, indigestion (dyspepsia) nervous, bilious and
liver complaints and all their consequences. Certificate
No. 36,418. We find it the safest remedy. Andrew Ure,
MD., F.R.S., Dr Harvey, Dr. Wurzer, Dr. Shorland, Dr.
Campell. Let invalids avoid the fearful dangers of spu-
rious and injurious imitations offered under a variety of
false pretences. Nevill's imitations are prohibited by
.the
high Court of Chancery under a penalty of £5,000 against
Alfred Hooper Nevill and his agents ; and the pretences
that Nevill has a patent for Arabica Food and that Du
Barry's are connected with such patent are utterly fake.
No canister is genuine without the name Barry Du Barry
and Co., 77, Regent-street, in full, ontheseal and wrapper.
Shopkeepers who attempt imposition in one article must
expect to be distrusted in all others. Packed in tins 11b.
~
2s. 9d.; 21b. 4s. 61. ; 51b. 11s. ; 121 b. ; 241 b. 40s. The
121 b. and 241 b. canisters are sent carriage free on receipt
and Co. ; Abbie,
of Post-office order by Barry Du Barry and Co., 77, Re-
gent-street,
Holborn;
Wood, and Co. phainl
slsaon,d Ox-
bard-street a randtGlat rreeeceeetth, ; London;
as: ntnte.4:ss; Fortnumbl,l4 yS, t rCpa hnaedvaMe;
e9sdnoeal d 6360 , Bishopsgate-
, King Witham-street
tcs,etiartey.edte: ;asißetrat7y,F,He
grocers.

BIRTHS.
CHAMBERS.—On the 11th inst., at 23, Carlton-road, Maids
Vale, the wife of D. N. Chambers, Esq., of a daughter.
ToPirAm.—On the 11th inst., at 13, James street West-
bourne-terrace,W., the wife of Charles Topham, Esq., of
twins, a boy and girl.

MARRIAGES.
LAKE—BEWES,—,On the 11th inst., at Plymouth, Lieut.-
Colonel Edward Lake, Royal Bengal Engineers, Com-
missioner 6f the Trans-Sutlej States, Punjab, to Eliza
Penrose, youngest daughter of the late Thomas Bewes,
Esq., of Beaumont, Plymouth.
VAUX—RIVINGTON.—On the 11th inst., at All Souls'
Church, Marylebone. William S. W. Vaux, Esq., M.A.,
of the British Museum, to Louisa, eldest daughter of F.
Rivington, Esq., of Harley-street.