The Sun.
London, England, 1859-11-26 00:00:00

:THE SUN, LONDON! SATURDAY EVENING, NOVEMBER 26, 1859.

LAW IN2'BZLIG_ENCE.—Nov, 25,

COURT OF EXCHEQUER.
HARRIS V. THOMAS.-BREACH OF PROMISE OF

MARRIAGE.

Mr. Baron Martin having come into court for the
purpose of hearing a motion in this case, which was
tried before him two days ago, and fully reported
in our columns,
Mr. Millward, counsel for defendant, moved to
extend the time for a rule for a new trial, under the
following circumstances. It was an action brought
by the plaintiff to recover damages for a breach of
promise of marriage. The defendant had pleaded
that at the time he made the promise the plaintiff
was a married woman, and to that plea the plaintiff
had put in a replication that the promise had
been renewed after the death of her hus-
band. It was proved by the plaintiff's sister at the
trial that the plaintiff's husband had died at sea
in 1853, having previously gone on board a vessel
called the Mermaid, and that there was no com-
munication between the plaintiff and the de-
fendant until 1855. It therefore followed that the
promise was made after the death of the husband.
The defendant's attorney had, however, received a
letter, probably from the notoriety this case had
received through the newspapers, the contents of
which he had communicated to his London agent
by telegraph. It was from a person named S. Allen,
of 5, Dorchester-place, Bryanston-square, who wrote
that he had seen the plaintiff's husband alive in
1857. If that was the case, away went the plain-
tiff's story.
Mr. Baron Martin—Oh, no; your assignment
comes into play then.

Mr. ard—lt was never pretended that there
was any evidence of the death of the plaintiff's
husband, except in 1853 ; and if he did not die
until later, then the seven years on which death
coull be presumed had not elapsed, and the law
would apply. We have now received this informa-
tion about the husband, and although inquiries
were made at the residence of the person who sent
it this morning, he had left, and no one knows
where he is gone to. I have, therefore, to apply
that the time for making this motion be extended,
so that we shall have further opportunity to make
inquiries.
The Lord Chief Baron—Yon apply on the ground
of surprise ?
Mr. Millward—Yes, my lord. The case is of
considerable importance to the defendant, for
though he was represented as a rich man—
Mr. Baron Martin—lt is quite a new thing to
attend to telegrams.
Mr. Millward—lt is not a telegram. It was a
letter written by this person to the defendant's at-
torney, and he has communicated to us by telegram.
Mr. Baron Martin—lt is perfectly beside the
case. She entered into the contract to marry bona
fide. The rule is, that no motion can be made for a
new trial unless within four days after the trial,
nor in any case after the term in which a cause has
been tried.

Mr. Millward—Yes, my lord ; but if we had four
days we could move to-morrow, and then we could
get the information we want. The accident is that
this is the last day of term.
Mr. Baron Martin—lt is an accident of your own
seeking ; I had to press on the case.
Mr. Baron Bramwell—Can you not bring a writ
of error, and assign error in fact ?
Mr. Baron Martin—A writ of error, and assign
error on the non jointure of a husband in a breach
of promise to his wife. (Laughter.)
Mr. Millward—The plaintiff will issue execution,
and we may then take out a writ of error with
what benefit we may.
Mr. Baron Martin—You have only a letter refer-
ring to a man in some square or other, and that is
nothing.
Mr. Millward—The letter states that the plain-
tiff's husband was alive in 1857.

Mr. Baron Martin—You ought to have been pre-
pared with the evidence at the trial. Defendant
thought she was a widow.
Mr. Mill ward pressed on their lordships the great
hardship to his client if the application were refused.
The Lord Chief Baron—lf you can make out a
case of fraud the court could do something for you
next term. All we can now do is to say we cannot
help you ; and if you are in a better position another
time we may consider your application.
Mr. Millward—Will your lordships stay exe-
cution ?

The Lord Chief Baron—That is an application
which should be made at chambers.

Mr. Millward—l also move on another ground—
that the damages, £l,OOO, were excessive.
The Lord Chief Baron—ls £l,OOO down too much
for a wife's share in from £2,000 to £3,000 a-year ?

Mr. Millward—All that the evidence went to
show was that the defendant's property was between
£2,000 and £3,000 a year two years ago. While his
father was alive he had not a penny except what
he was allowed by his father.
Mr. Baron Martin—Have 3ou affidavits that he
had less property than alleged P

Mr. 1\ ills and—No, mS lord.
Mr. Baron Bramwell—Then really you should
not state so.

Mr. Mill ward—Thc plaintiff keeps a public house
at Aberdare.

Mr. Baron Martin—Yes, " The Pelican."

Mr. Baron Bramwell—That only shows how very
unlikely it is that she will get such a chance again.
(Laughter.)
Mr. Millward—She is a very tempting lady.
(Laughter.)
The Lord Chief Baron—We cannot meddle IN ith
the damages;
Application refused:

date Joseph Burdus, the mate of a merchant vessel,
in order to prevent him giving evidence at the police
court, Westminster, against certain persons whom
he had clvirged with attempting to defraud him of
£1 by "skittle sharpin,g."
Mr. Lewis, of Ely-place, who attended for the
prisoner, stated that the charge against the man
brought before the magistrate at Westminster had
been dismissed. He submitted that the man having
been thus acquitted there was an end of the present
charge. It was essential to this case that there
should be an offence committed by the persons
against whom the witness said to be intimidated
was about to appear. It must be shown that de-
fendant had tried to prevent the conviction of per-
sons who had committed a crime, by dissuading.
Mr. Jardine—lt is not dissuading; it is by violence
attempting to prevent a witness from giving evi-
dence when an investigation is going on in a court
of justice. It appears to me to be a very bad case,
and one that ought to be sent for trial.

Mr. Lewis, after looking through several books,
called attention to a passage in "Russel on Crime,"
setting forth that it is an offence at common law to
attempt to intimidate or dissuade persons from giving
evidence against a person indicted for any offence;
but there was no case given when the parties were
not indicted.

Mr. Jardine—Now, Mr. Lewis, you cannot say—
you cannot pretend to say—that it is not an offence
at common law to stop a witness on his way to a
police-court to give evidence, and say that he shall
not give that evidence, or that if he does that you
will be the death of him. Do you maintain that
that is not an offence ?

Mr. Lewis—Well, it may be an assault.
Mr. Jardine—No. It is au offence sui generis,
and a very serious one.
The evidence given on the former occasion was
then taken in the former depositions, and the pri-
soner was committed for trial.

Mr. Lewis—Do you not think, sir, it is a case for
bail ?

Mr. Jardine—Certainly. What is his position
in life ?

Mr. Lewis—Well, sir,Tyou can judge. (A laugh.)
Sergeant Felton—He is a " skittle sharp," sir.
Mr. Jardine—Well, that is not exactly his trade
or calling.

Felton--I do not think he has ever had any other.
I should like to have notice of bail, at all events.
Mr. Jardine—Certainly. Let him enter into his
own recognisances for £5O, and find two sureties of
£25, giving 48 hours' notice of bail.
Sarah Dyer, a decent looking woman, described
as a dressmaker, was charged with stealing two
pieces" of ribbon and various other articles from
Messrs. Shoolbred and Co.'s, in Tottenham-cou rt-
road.

The prisoner had been for years in the habit of
dealing at Messrs. Shoolbred's, and was regarded as
a good customer until recently, when suspicions
were conceived that she was in the habit of pilfer-
ing small articles when she came to make purchases.
On Thursday she called to purchase some ribbon,
and being watched by Mr. Graves, one of the
" buyers," she was seen to take a piece of brown
ribbon from a box which one of the assistants
showed Inr to make a selection from. When she
had paid for what she had bought she left the
shop. He then spoke to her, and asked her to come
to the private door, as he had something to say to
her. She then let fall apiece of pink ribbon, which
Mr. Graves pointed out to a policeman. The lat-
ter picked it up, and took her in charge. At the
station-house she made a similar attempt to get rid
of the piece of brown ribbon. Both were identified
by Mr. Graves. One piece contained about six
yards, at 71d., and the other 15 yards, at 6d. At
her lodgings were found a number of articles iden-
tified as having been stolen at various times from
Messrs, Shoolbred's, such as a card of braid, a set
of tassels, several silk velvet reels (which probably
were covered with velvet when stolen), &c.
Mr. Knight, the landlord of the house in which
the prisoner lodged, in Pinder-place, Gray's-inn-
lane, said she had lived there for 11 years. He had
always considered her a thoroughly honest, hard-
working woman, and he was quite astonished that
she should have committed such an offence as this.
He believed she had lately been less prosperous than
hitherto, for she had once or twice complained of
the difficulty she had to make up her rent, in con-
sequence of the customers not paying her bills when
she sent them in.

Mr. Graves said that Messrs. Shoolbred were
not disposed to press the case severely against the
prisoner.

The magistrate was sorry to say that he must not
consult the feelings of the prosecutors. It was evi-
dent the prisoner had been carrying on this system
of robbery for a long while, and it really must go
for trial.

Mr. Lewis endeavoured to induce the magistrate
to alter his decision, but

his worship adhered to his determination, and
committed her for trial. •

WF,STNIINSTER.—George M‘Dermot, of 53,
Stanley-street, Brompton, was charged with un
lawfully uttering a spurious fourpenny-piece, well
knowine, it to be false and counterfeit.

Mrs. S. liumphreys, wife of a news .agent, at 4,
Marlborough-road, Ohelsea, said that at a little be-
fore 9 o'clock on the previous evening, the prisoner
purchased a penny paper at her shop, giving her
a fourpennypiece in payment. She returned him
tbreepcn cc in change, but had scarcely done so when
she discovered the fourpenny-piece was a bad one,
and asked him to give her the threepence and paper
back, upon which the accused told her she must be
mistaken, as he had never seen a counterfeit four-
penny-piece in his life. He was then going out of
the shop when she sent for her husband, and the
accused was given into custody.
In reply to questions from the prisoner Mrs. Hum-
phreys said he had got as far as the shop-door with
the 3d. and the paper when she called him ; he then
came back. He certainly begged her husband when
at the police station not to press the charge against
him.

Jonathan Humphreys said that on being sent for
he tried the fourpenny• piece, which was a very bad
one. Prisoner said he would not give back the
change. When the constable was sent for prisoner
offere half-a-crown in payment for the paper.
In cross-examination by the prisoner witness
denied that he had given his address while in the
shop, but admitted that he did so when at the station.
Witness denied that he collared him in the shop, but
said he stood before him to prevent his going out.
Sergeant Britten, 1 B, proved that the prisoner
was given into :custody, when he said that if the
fourpenny-piece was bad, Mrs. Humphreys must
have changed it. On searching the prisoner, he
found a gold watch and appendages, two halfcrowns,
a purse, and knife.
The prisoner was most desirous of addressing the
magistrate, who, however, stopped the case, intimat-
ing that there was nothing whatever for him to
answer; there was no ground for giving him in
charge, nor evidence to show that he had any know-
ledge that the coin was bad.

The prisoner complained That he had been deprived
of his liberty for above eleven hours, and a friend
of his in court inquired whether he had no redress
for the false imprisonment he had sustained.

Mr. Arnold said he must seek his remedy in
another court.

SOUTHWARK.—WiIIiam Bolden, a powerful-
looking man, having the appearance of ex-police-
man, was brought before Mr. Combe, charged with
creating a disturbance in the house of Mr. William
Harris, the Equestrian Tavern, next the Surrey
Theatre in the Blae,kfriars'-road, and committing a
cowardly assault on police-constable 269 A, in the
execution of his duty.
Mr. Harris said that about half-past 12 o'clock
he saw the prisoner and another man fighting in
front of his bar, when he immediately went round
to prevent any further disturbance. As soon as he
had parted them he was pitched into by both men,
and had not a constable come to his asistance, he
had no doubt that among them he should have been
roughly handled.
Police-constable 269 A said he saw a disturbance
in Mr. Harris's house, and on entering perceived the
latter being very roughly handled by the prisoner
and another man whom he was about to eject. Wit-
ness went up to the prisoner, and as he was about
to request him to leave the house, he rushed at him
like a bull, seized hold of one of his legs and threw
him on his back. He was then kicked by some of
the parties, but with the assistance of Mr. Harris,
he recovered himself, and took the prisoner into
custody.

Mr. Combe told the prisoner that such violent
conduct in a respectable publichouse could not be
tolerated, and Mr. Hams did perfectly right in
attempting to eject him. lle should not impose a
fine on him,but send him to prison with hard labour
for 14 days.

[ADVERTISEMENT.) - Mr. Benson, Ludgate-hill, has
just published a new illustrated pamphlet on watches (free
by post for two stamps). It should be lead by all who are
about buying a watch, as it conLins prices and important
information as to—What watch to buy! where to buy it !
and how to use it !

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general fever. Mr. Knole, of Allogate, was thus cured, when,
from inability to swallow, his life was endangered. Kerualo,
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by the same treatment,

ME7ROPOLITAN BOARD OF WORKS.

A meeting of this board was held yesterday, in
the Council Chamber, Guildhall. The president,
Mr. T. Thwaites, took the chair at 12 o'clock. A
committee of the whole board sat for a considerable
time, but the subject matter of their deliberations
did not transpire.
The board then proceeded to consider a question,
which has been long mooted and discussed, as to the
claim of Messrs. Roberts and Gotto for taking out
the quantities for the Northern High-level Sewer.
Exceptions were taken to their estimate, and the
question now was, whether the claim of these gen-
tlemen (X 850) should be resisted any longer. It was
admitted oil all hands that an excessive estimate
had been made, but the board came to a resolution
(by a large majority), that it would not be for the
interest of the ratepayers that the board should re-
sist the claim any longer.
This discussion occupied the whole day.
D.