The Sun.
London, England, 1861-08-21 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT—CROYDON, Aug. 20.
BIRD V. SAMPSON.
This was an action to recover the sum of
£252 13s. 6d., moneys lent, and paid to the de-
fendant's account, and also for certain goods, to
which the defendant pleaded a set off of £276 6s.
Mr. M. Chambers, Q.C., and Mr. Thompson
Chitty were for the plaintiff ; and Mr. Lush, Q.C.,
with whom was Mr. Hurrah', appeared for the
defendant.
The case, which commenced yesterday afternoon,
and came to a conclusion this morning, was a some-
what peculiar one, and the tale told by the plain-
tiff, Miss Rebecca Bird, a good•looking, pleasant-
mannered, middle-aged woman, but suffering from
extreme debility, created much sympathy in court.
It appeared that as far back as 1851 the plaintiff
became acquainted with the defendant, she keeping
the Bull Inn, Chelsham, Surrey. The defendant,
who resided at West Farleigh, carried on the busi-
ness of a wood contractor, and used to employ a
number of men, he himself using the house of the
plaintiff, and paying her great attention, and in-
teresting himself in her business. She used some-
times to pay the wages of the men in his employ-
ment, and also to supply the defendant and his men
with grocery from the shop, which was attached to
the public-house. The defendant was constantly at
her house, making it almost entirely his home. No
improper intimacy existed between them, ho treat-
ing her with great respect, and leading her to be-
lieve that she was to be his wife. This state of
things went on for some time, she lending him
money and selling him things, a loose sort of an
account being kept by her. Defendant made a
great number of excuses for not marrying her, but
said he would as soon as he could provide a cottage
that was suitable to her station in life. Things
were bought by her for the new house, made up
under his guidance, and sent to his house. She then
fell into difficulties and had to leave her public-
house, and being in great distress had to go and
live upon some neighbours and friends, the de-
fendant giving her a few trifling sums of money,
and still telling her they should be married
as soon as the affairs with her creditors were
settled, and advising her to keep out of tho way in
order to force them to an arrangement. This took
place in 1859, when they accepted ss. in the pound
and signed her release. The defendant still kept
up his promises to marry her ; and at Christmas
last, being ill and quite destitute, she was taken
home by her uncle, and the defendant refused to
come to any settlement; and when the last census
was taken the plaintiff's uncle, who had been ap-
pointed as one of the collectors, ascertained that the
defendant had entered himself as a married man,
havinghe
house for him.
In support of the plea set up by the defendant he
was called, and underwent a most searching cross-
examination, and some severe remarks from the
counsel for the prevaricating nature of his answers.
One thing was manifest, the accounts between
the parties were in a very confused state, and that
the defendant had not kept any regular books for
some years.
The jury, after some deliberation, said they
thought there had been a good deal of lying on both
sides about the money, and found for the plaintiff—
' damages £5O.
The learned counsel then briefly opened the
pleadings of another action between the parties
for the breach of promise of marriage, and called a
young woman, examined in the first case, named
Sarah New, who had been plaintiff's servant from
1852, and she proved that she had often heard the
defendant tell her mistress that he would marry
her.
Mr. Hart, the plaintiff's uncle, said that he found
his niece in a dying state in the cold at Christmas,
in a room five feet by eight. She was without food,
and but for the charity of the girl New, must have
perished.
The jury gave £lOO damages.