The Sun.
London, England, 1861-05-28 00:00:00

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. 7-.„ ~. :„. Cs, BAKER V. CARTIVRIGIIT—BREACH OF PROMISE OF
MARRIAGE. . 171. 4 E AVSlll,l\l' Ci--'.. ---., C.,•''r A -.4,

This was an action to recover damages for a
breach of promise of marriage, and the defendant
by his pleas denied the breach, and added in justi-
fication that the plaintiff' had formerly been of
unsound mind. The latter plea, however, had been
demurred to, and the Court held that it was no
answer to the action.
Mr. Hawkins, Mr. Macnamara, and Mr. Maud
appeared for the plaintiff, and Mr. Overend for the
defendant.

pnicE . STAMPED, all.

Wprra d for its
aitehall ! The Georgians are by no means so keen as
theeo
JeffersonbCelai rigoleirDneioaavtnitsso,
s-oan;itehsaessiartghbeeoyr
i s d eer —ei
sane a
weeky
ahso
the
.r
ie
nn
eio
rrt
..
modera-
tion and for other qualities which were by no means
in
height. suc h favourMen
n lookwhen
gravethe Sumterand
task
aboutfever
ference of England and France, which cannot allow
this thing to go on. But the change which has
come over them is unmistakeable, and the best men
begin to look grave. As for me, I must prepare to
open my lines of retreat—my communications are
in danger.

Mr. Hawkins, in stating the case, said that the
plaintiff, Frances Elizabeth Baker, was a young
woman living at Luton, in Bedfordshire, and she
claimed damages from the defendant, Charles
Cartwright, who had been in very respect-
able services, and had by industry, perseverance,
sobriety, and prudent habits saved a very consider-
able sum of money. He was now in the service of
Mr. Romilly, of Wilton-street, Piccadilly, as butler,
but he had previously been in the service of a lady
who had died, and had left him a very consider-
able amount. He had some friends named Pilgrim,
who lived at Pepperstoek, nezr Luton, and he
visited them in the autumn of 1859, and was taken
by them to see the straw plait manufactory at
Luton. The plaintiff was one of four sisters, the
daughter of a widow, and she was employed in the
straw plait business. The defendant saw her at
work, and was much smitten with her ; he paid
her considerable attention, he called upon her
mother, and went out with the plaintiff once or
twice. This was during his short visit to the
country, and after his return to town he con-
stantly corresponded with the plaintiff. So mat-
ters went on until July, 1860, but on the 26th of
that month she received the following :
"My dear Fanny,—l received yours; thanks for the
kindness it expresses. You will be surprised when you read
the following, but don't judge roe harshly. Plans are
altered, and I shall not be able to have the pleasure of see-
ing you here. lam very sorry the time was se near. No
whim of mine has caused the Change, but it cannot be helped
now. I feel the disappointment most keenly. My regards
to your friends.—l am very affectionately,
" CHARLES."
This letter having been replied to produced the
following

THE PAPER DUTIES.

~~~~

Favoured by that complex system which allows
near twenty discussions of any point in the progress
of Ea money bill, the house is once more on the
paper duty. We certainly had hoped to hear no
more about it, and will confess to a degree of
weariness in a controversy which has been now
decided, and which can hardly fail to abide by
that decision. But why is it that the controversy
does return, not only with pertinacity, but with
a positive increase of vigour? The paper duty
has nine lives, and each life is fiercer than the last.
There is evidently a weak point as well as a strong
point in the demand for the repeal. The strong point
is that an agreement has been come to between
certain high contracting Powers. It is understood
among men who have great influence upon this and
other questions that the duty is to be repealed,
and on the strength of this good understanding the

Government can reckon on much valuable support.
There prevails a comfortable assurance that the
bargain will stand, and some very important re-

" August 1, 1860.
"Dear Fanny,—l received yours; thanks for so kind a
letter. It was more than I could expect. With sincere
regret I beg to inform you that our correspondence must
be at an end. From circumstances which came to my
knowledge just before my last, I think it far better that it
should be so for us both. I assure you I write this after
mature thought, and I sincerely wish you a happy future.
I again repeat that I am very sorry to have caused you
disappointment, and I shculd never have thought of writ-
ing you this without sufficient roason.—Believe me to have
been very sincerely yours, " CHAS. CARTWRIGHT."
The lea,rned counsel, in continuation, said that in
the early part of 1859 the plaintiff had been affected
in her intellect, but this was from physical causes
alone, and the jury well knew how some women
were affected at certain periods of their lives. In a
different position iu life somebody would, under
such circumstances, have been appointed to look
after her, and in her own case it was thought that
the best thing was for her to go to Bedford Asylum,
where she remained for four months, and was then
discharged perfectly cured, and there had been no
return of the affliction since, notwithstanding the
breaking off the match had caused her poignant
grief. But even if it were shown that this malady
was likely to return, though that would be a mis-
fortune for both of them, yet the loss to her from
the breaking off the engagement would not be the
less, and she was fairly entitled to substantial
damages.
Evidence for the plaintiff was then given.
Mr. Overend called no witnesses, but addressed
the jury in mitigation of damages, submitting that
the defendant had, under the circumstances, no
alternative but breaking off the engagement.
His Lordship said that the plaintiff was entitled
to a verdict, but the amount was entirely for the
consideration of the jury. He spoke in terms of
praise of the good sense and good feeling which had
been displayed by the defendant, and especially of
the delicate manner in which he had acted when it
came to his knowledge that the plaintiff had been
in a lunatic asylum. He had not mentioned the
circumstance in his letter to the plaintiff, and when
he sent down Mr. Goodehild, it was to communi-
cate not with the plaintiff herself but with her
mother. The case was a very distressing one, and
the jury would take all the circumstances Into con-
sideration before giving their verdict.
The jury found for the plaintiff—damages £2O.

sults have been already discounted. We have ever
been accustomed to believe in these bargains, and in
this instance we no more expect that the paper duty

will be retained than that we shall ever see again the

duty on cotton and wool, or the excise on glass and

bricks. But what is the weak point of this measure?
It is that it cannot even pretend to be a popular
proceeding. There is absolutely no such thing as a
cry, or a cause, or even a public opinion in favour
of the measure. There has been nothing to indicate

that a single labourer, or artisan, or shopman cares
a straw about the repeal of the duty one way or the
other. The agitation is confined to Parliament-
street ; if you go southward into Lambeth, or north-
ward into the populous quarters of Broadway and
Tothill-fields, you will find no more known about it
than about the politics of the moon. The measure
may be a very good one all the same. The French

Emperor does some very grand things, but then he
does them without public pressure, and sometimes
without public fore-knowledge. If the House of
Commons passes this measure, it will be acting im-

perially rather than as representing the people,

When, then, it is asked, " What have the Lords to
do with the question ?" it should be remembered
that even the people have as little to do with the

question. This is the reason why the controversy
refusE s to be laid, and haunts the house like a trouble-

some ghost. It owes its vitality not to the privilege
question, not to its own intrinsic merits, but to the
fact that the people care nothing about the matter.
We have heard a good deal about Privilege in the
course of the controversy. It has been supposed to
endanger the constitution, and at one time to set the
Lords over our heads, at another time to trample
them under our feet, We have had, too, so many
statistics and ingenious calculations, that we are not
permitted to Eat, drink, or sleep, to walk, ride, or
talk, or do anything without feeling therein the re-
mission of the paper duty. It is made out to bring us
more easily into the world, to send us more cheaply
to our graves, and convey our souls more certainly
and expeditiously to heaven. There is only one
thing that has never been pretended for a moment,
and nobody would have the face to pretend it, and
that is that the people care about it, or are at all
interested in it. Mr. M. Milnes, indeed, intimates
that it will cheapen bandboxes, and that in this re-
spect it becomes a relief to the million. We will
frankly confess that, not having got up the subject
of bandboxes, we are not prepared to give a flat
contradiction to the statement; but, if we may be
allowed to form a conjecture from the habits of la-
bourers within our knowledge, and from the inte-
riors of cottages with which we are acquainted,
bandboxes may be cheapened as much as a penny a
dozen without greatly improving the condition of
the poor.
The controversy, strange to say, rather gains in
amusement what it loses in gravity. The civilised
world will be edified to observe that the greatest
Senate under the sun has been engaged two years
in the question whethei paper should be taxed; but
the discussion as it narrows sets free the fancy and
loosens the tongue, so that it is scarcely possible to
say what speculation will next be engrafted upon
it. Indeed, we seem to have found something akin
to an inconvertible paper currency, in the shape of
a paper controversy reducible to no test, bound to
no conclusion, and incapable of a settlement: It
is all paper. This cannot be a wholesome phase
of the national mind. Surely the question of
£1,300,000 to be raised in one form or another
is not so very important ? To the public we are
inclined to think
,that it is really a matter of
no importance at all. So let it be decided, as
it has been, on, purely political grounds. There
is a considerable body of gentlemen interested in
iit,
hasso let
bn
etehe m have
promised, what
and
accordingly. If anything prevents the intended
repeal, we are not sure that Lord Palmerston
they
steps want,
have
taken ly a s
will be safe from an action for breach of promise
in a peculiarly susceptible quarter. It is said,
indeed, that from another party he is threatened
with a curious defection in consequence of the
withdrawal of the grant from the Galway Packet
Company. This promises a curious variety of the
question, and if the cheap newspapers and the
Atlantic Royal Mail Steam Navigation Company
could be shut up in a cage to fight till they had
finished this controversy, we might hope for the
same finite and highly simplified result as in a well-
known incident. But we don't see how this is to
be done, unless it is accomplished in the shape of a
very attenuated majority next Thursday. Any-
how we hope and trust that will be the very last
day of this paper war, and from that day forward
every Englishman will not only have in his house
a cheap Bible, but also a penny newspaper, a
Cocker's Arithmetic, a Miscellany, a novel in weekly
parts, and a bandbox duty free.—Tines.

POLICE INTELLIGENCE—May 27.

BOW- STREET.--The Rev. James Roe was
again placed at the bar, before Mr. Corrie, charged
with forging and uttering a cheque for £6,000, and
other documents, at present in the custody Of the
Court of Chancery.
Mr. Wontner attended for the prisoner.
Mr. Humphreys, the solicitor for the prosecution,
said he felt it his duty to make a public statement
of the difficulty, trouble, and expense to which he
had been subjected by the officials of the Record
and Writ-office, before he could get possession of
the documents which formed the subject of this
important prosecution. ' The summons issued by
his worship was treated with indifference, the clerk
stating that he could not produce the documents
without an order from the Vice-Chancellor, by
whom further impediments were raised, so that he
was compelled to petition the Court, make a motion
by counsel, and pay stamps and fees amounting to
£5, to secure the attendance of a clerk with the
papers in question. Even this privilege had been
conceded only with the understanding that if they
were required again, at the future examinations,
the same tedious and expensive process must be
' repeated. Now it was obvious that, if his client
had been a poor man, the ends of justice would have
been completely frustrated by this course of pro-
ceeding ; and he felt certain that if Lord Chan-
cellor Campbell had 'been applied to in such a
matter the result would have been wholly different.
Mr. Corrie thought the documents would have
been sent as a matter of course, unless there was
some misunderstanding.
Mr. Humphreys said there was no misinder-
sto
Mr. Corrie—Well, you have got the documents
here now, and perhaps you will not want them
again till the case gets to the
c aunr ds
ei n
ogf. j
Old Bailey. These
uslttic was.e a vexatious interference with the
cobwebs will be cleared away then.
Mr. Humphreys was glad to hear them so desig-
nated by his worship.
Mr. Corrie did not say the " cobwebs" might not
be necessary.
Mr. Humphreys was certain they were wholly
unnecessary, and highly discreditable to the Court.
He should require the documents again at the next
examination. He had no doubt they would bo
forthcoming promptly enough at the Old Bailey,
1 for the judges would not be trifled with in such a.
I I manner, and the clerks knew it.

The documents were then put in by a clerk from
the Record office, consisting of a letter purporting
to be written to the prisoner by his late uncle, en-
closing
a check for £6,000, bearing date the day
before his uncle's death ; also the envelope, purport-
ing to bear the usual post-office stamp and endorse-
ments.
Peter Wadsworth and Joseph Chapman, both of
Sutton, near Macclesfield, the attesting witnesses
to the uncle's will, proved that the deceased
t was
physically unable to write such a letter on b
before his death.
oitne ,t whohthe
P rdoebpaotseedetuhuartt
sigCnreodsst-hexesmeeidnieedil
atbeadid it with great
on the day before hii death ; but
disabled. The
difficulty, his fingers being partially
iu.spnoecrlte:n;
g the t saidu
hehantwriting of the
letter produced resembled
uesltaimlabste,inignffoorumndinegd
deceased a year or two b_
ofewriting latterly.
not resemble his stylelled was Mr. W. S. Johnson,
The next witness called —to Thhisewdilele,easedi
of the firm of 0 ;powbuoaenur citoh'icßtilsodocel.ikn,,t
the prisoner h
and Chancel"'wrote a letter to Messrs.-
Brockle-
structions,
hurst, of ,--ae .
Court, and
acting deathl
outd
, vi -111 eejadlehbfine elnd ail
inldi client
f the prisoner's claim of £6,000 upon the
them °
de-
ceased, the day before his death, and containing, an
written by the
order for that amount upon his brokers, in priso-
ner's favour. The documents produced were the
letter and envelope which the prisoner gave to wit-
ness.
uesptoanteao of
letter
rlaptue

of the candidates for the representation of Flintahire, THE FLINTSHIRE ELECTION.—The nomination
ren-
dered vacant by the death of the late member, the Hon.
E. M. Lloyd Mostyn, took place at Flint on Saturday.
There was a large attendance of freeholders and gentlemen
connected with the county. The show of hands
was at least three to one in favour of Lord Richardrt Goros_Z
nor, and a poll having been demanded on the pa t
nleux,,
Hughes, the high sheriff fixed the polling for Tuesday r
and the declaration for Thursday.
remedied, and
silver. Defects of manipulation have
I/bearing's magnetic
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perfected that they are
brushes and combs, which are now sorep
y hair, and eradicating
unfailing in restoring the colour to
j, g
London, and they
nervous headache. N.B.—
the agonies of tic doloreux and
__oes, 2,
$
Basinghall-street,
Photographs are simply the effect of light
silver. on
Counterfeits arc being made. um
London. -, _ pills and medicine invariably ag-
LADvEnTisrsasiTu•Jate
diseases; their annoyance, dis-
gt avate and Per Pet
...,d expense may be avoided by persons
appointment, .-- iodide of
. health sending only their address to E.
Regent-street, W.,
S. Barry, -11,'"i
...1,9 gratis and free by post the "INVALIDS' Owr
willor Natural Restorer, without medi •
GUIDE,
medicine or ex
of perfect digestion, strong nerves, sound lungs, and
prise, y
refreshing sleep, to the most enfeebled, insuring the removal
of indigestion (dyspepsia), constipation, liver complaints,
nausea, epilepsy, paralysis, debility, nervousness, palpitation,
cough, asthma, consumption, dropsy, flatulency, dlarr"a'
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noises in the ears, rheumatism, gout, impurities, eruptions,
in inditieTt.,77,
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tation, heartburn, headache, despondency, cramps, spasms'
sinking, fits, bronellitio,—"Unquestionably the safest Guide
i to health,"-

James Penaton, who received the first order to
make the dies, now repeated the evidence previously
given by him, but could not identify the prisoner
as the person who gave the order.
At this stage of the examination, the case was
remanded for another week.

Dr. Johnson described a man, who had contracted
a mercenary marriage, as a contemptible fellow who had at
length obtained the certainty of three meals a day.
Loss OF THE WASP AND ENCHANTRESS.—By
private letter from the Mauritius, dated the sth ult., we
learn that in addition to the loss of the Wasp, a fine vessel,
named the Enchantress, purchased by Rear-Admiral Kep-
pcl, as a tender to the Forte, and employed in carrying.
stores from the Cape to the squadron stationed in the
Mosambique, had been totally wrecked on a coral reef off
the island of Magotta. The Wasp had been wrecked on a
small island to the northward of Ebo, and the crew 1.141;
been conveyed to Zanzibar. The Lyra and Persian nail
proceeded to the scene of the disaster, but no hopes wereentertaißeci of saying the ship.— Vn/tol oervic4 Gag"