The Sun.
London, England, 1861-06-03 00:00:00

LAW 11V TELLIGENCE.-JuNE 1.

(Sittings at Nisi Prius at Westminster.—Before
Mr. Justice Hill and Common Juries.)
WALKER V. BARKER.—BREACH OF PROMISE.
This was an action for a breach of promise of
marriage. The defendant pleaded five pleas. First,
he denied the promise; secondly, that a reasonable
time had not elapsed ; thirdly, that the plaintiff
was not ready and willing to marry him ; fourthly,
that the plaintiff had absolved him from his pro-
mise ; and,: fifthly, that the plaintiff had behaved
in such an indecent and immoral manner as to ex-
onerate him from his promise.
Mr. Pearce was counsel for the plaintiff; Mr.
Sergeant Parry and Mr. Joyce were for the de-
fendant.
The plaintiff is a young woman about 22 years
of age, and the defendant is the manager of a pub-
lic-house in Charlton-street, Somers-town, the
plaintiff's residing in Camden-town. In 1858 the
plaintiff was in the habit of visiting her uncle and
aunt, who resided opposite the defendant's, and
they became acquainted, and that resulted in an
intimacy and a promise to marry. Several letters
and presents passed between the parties, the latter
including the defendant's portrait in a case, and in
a brooch with the plaintiff's and defendant's hair
entwined. On Valentine's day, Feb. 14, 1859, she
received from the defendant a valentine, with the
usual amount of Cupids, flowers, and the printed
words, " My heart yearns for thee"—laughter—
and the following poetry in his handwriting:—
" Art thou not dear unto my heart ?
Oh search that heart and see ;
And from that bosom tear that part
That beats not true to thee.
But to that bosom thou art dear,
More dear than words can tell ;
And if a fault be cherished there,
'Tis loving thee too well." (Laughter.)
On the envelope was written, "I love thee true."
After the parties had been acquainted for some
time, they visited Oxford, where the plaintiff's
parents had gone to reside, and there defendant held
himself out as her future husband. Whilst thdre
he purchased a wedding ring and presented to her,
saying, " Here's the wedding ring and one to bind
it. and you will soon want me to bind yourself."
He also purchased a keeper. The plaintiff at this
time was a cook in Guildford-street, Russell-square,
and upon the faith of the marriage she left her
situation and went to reside with her uncle and
aunt for the purpose of preparing for the marriage.
Several articles of furniture were purchased,
when it appeared the defendant had been at•
tracted by another young lady in the same street,
and became cool and afterwards left the plain-
tiff. With regard to the fifth plea an applica-
tion was made to chambers for the defendant, to
supply the plaintiff with the names, &c., of the per-
sons with whom the plaintiff had acted immorally,
and he gave the names of three persons, one being
the tradesman from whom the furniture was pur-
chased. The plaintiff and defendant had not seen
each other since August, 1860. The defendant
returned his letters and presents, but they had kept
hers. In a conversation with her uncle as to his
intentions the defendant said, " She knows what it's
for ; I've done with her altogether." The uncle, in
cross-examination, denied that he had boasted he
would get her £5O damages. The aunt stated that
when the letters were to be burnt the defendant
asked for both or one of the rings. Plaintiff refused
to give them up, and the aunt said, " Why do you
wish to part man and wife ?" Plaintiff turned
round and smiled.
Mr. Balderson, furniture dealer, proved the plain-
tiff and defendant coming to his shop and purchas-
ing articles of furniture. He never took liberties
with the plaintiff. He had never patted her on the
back and kissed her. He might have touched her
on the back, as any other customer, to call her
attention to some little article. He did not do it
with any improper intention. The defendant was
present all the time.
Several letters were put in and read. One dated
3d November, addressed to the plaintiff's aunt, was
as follows :
" Dear mother,—l have taken the pleasure of
this short note to you, hoping to find you all quiet
well, as it leave all as at present. I told Sarah
about not writing home, and she said she had not
had time yet. Uncle Martin is not much better.
He was a little better about a fortnight a go.
Wether is against you much. I told him last Sunday
that I like to see him out again with his poney and
chaise and Harriet is has got a nice company to play
with her cousin baby, and it is a fine girl, and
will you ask father whether he has got a squax—
(laughter)—to spare for her, If you have I should
be very much oblige if you give my best respecks to
to Jack—(laughter)—Polly and Bessy, Dick and all
the little ones—(laughter)—and would you be so
kind as to tell Jack that I tried to get what he
ask me. I could not for love nor money. So no
more from your affectionate son-in-law, THOMAS
BARKER." On the 30th June he wrote the aunt—
" Dear mother ;" he spoke of their coming together,
and concluded—" Your affectionate son and
daughter, Thomas Barker and Harriett."
Mr. Sergeant Parry addressed the jury for the
defence. He said it was to be regretted this action
had been brought. In August or September, 1860,
all intimacy ceased between them, and it was not
till March, 1861, that the present action was
brought. The defendant was only a barman and
not manager, and the plaintiff's father was only a
paviour, and it was not likely the plaintiff would
be much benefited by this action. He should call
witnesses to prove the fifth plea so far as regarded
her romping and kissing with young men. On one
occasion she went out with a young man and desired
a female friend not to tell Tom, and under these cir-
cumstances the defendant thought it was desirable
for them not to come together. There was a regu-
lar understanding between them that the arrange-
ments about the marriage should cease. He called
Mrs. Porter, who deposed that at the latter end
of the autumn of 1860, she saw the plaintiff at Mr.
Balderson's shop, It was between nine and ten
o'clock, and she was speaking to him and Mr.
Young, a fishmonger. Afterwards she saw the
plaintiff and Mr. Balderson in the shop. She heard
a laugh, and on looking round she saw plaintiff
kissing Mr. Balderson.
Cross-examined—Balderson's shop is an open one
with windows to the ground. She saw Mr. Bal-
derson put his head into the plaintiff's bonnet and
kiss her. (Laughter.) They were at the further
end of the shop. It was done for witness to notice
it. Anyone passing could have seen it. She
thought nothing of it at the time, and did not men-
tion it for some time after. Plaintiff told her she
was to be married in September, 1861. Witness
told the defendant of it about two months ago.
Catherine Gibbs saw the plaintiff, in August,
1860, with a young man named M'Millan, and she
desired her not tell Tom of it. She saw her with
him `on Palm Sunday, and he kissed her twice.
She had seen Mr. Balderson put plaintiff's back
and squeeze her hand. (Laughter.) The kissing
took place at the uncle's street door. She resided
at the public house opposite plaintiff's aunt's house.
Robert Muntze, barman at the Victoria, in Charl-
ton-street—On the 13th August, 1860, he saw the
plaintiff at her uncle's door with George Hubert.
They were larking and kissing. It was 11 o'clock
at night. Witness took plaintiff's letters back to
her and asked for the rings. She declined to give
them up, and said, " If Thomas wants them he must
come for them."
Cross-examined—Defendant was with witness in
the bedroom when they saw the kissing. The
Victoria was opposite the plaintiff's. Defendant
saw them together first, and called witness's :Men-
tion to them. They were merry. Playing together.
(Laughter.)
George Russell deposed to the plaintiff and.
M'Millan being at the uncle's door on Palm Sun-
day evening. M'Millan had her hand in his. They
kissed before parting and after. (Laughter.) They
both kissed each other, but he did not hear the
smack. (Laughter.)
Henry M'Millan deposed that he was a butcher.
In August, 1860, he took the plaintiff to Hamp-
stead, with her uncle and aunt. They returned
home about half-past nine o'clock. On the way to
Hampstead she said she was to be married to Tom
in about a twelvemonth from that time.
Mr. Joyce—Did anything pass between you that
evening ?
Witness—Nothing but a kiss. (Laughter.) He
could not go all day without having a kiss.
(Laughter.) He paid for the donkey-riding on the
heath, and she repaid him with a kiss. (Laughter.)
He kissed her on Palm Sunday.
Cross-examined—He told plaintiff's attorney that
he had only kissed her once—on Palm Sunday.
Defendant might have told him that he had been
served with a writ in this action. .Defendant did
not ask him then to go and kiss her. (Laughter.)
Re-examined —She made a trifle of resistance
when he kissed her. (Laughter.)
George
Hubert deposed that he kissed the plain-
tiff on the evening of the 13th August.
Cross-examined—He had only a slight know-
ledge of plaintiff. It was:his sister's wedding-day.
Plaintiff asked him for some cake, but instead of
that he kissed and larked with her. (Laughter.)
Mr. Pearce—What do you call larking ?
Witness—He caught her round the waist and
kissed her. (Laughter.) He only kissed her once.
He was a little fresh on account of the wedding.
Defendant said witness would be doing him a ser-
vice to come and give evidence. As it was a trifling
matter he said he had no objection. (Laughter.)
The jury found a Verdict for the plaintiff;
damages, 420.

DISTURBANCE A 7 CREMORNE

GARDENS.

Mr. King Harman, as described on the warrant
on which he was taken into custody, otherwise Mr.
Edward Wilkinson, No. 19, Duke-street, St. James's,
the name given by the prisoner at the Westminster
police station, was charged before Mr. Arnold with
being riotous and disorderly at Cremorne Gardens.
A solicitor attended for the prisoner.
Mr. E. Moore Adams, secretary at the gardens,
said that about one: o'clock on Thursday morning,
his attention was called to a disturbance at the cir-
cular bar. He went there and found several per-
sons collected, among whom was the prisoner.
They were causing a great disturbance, and pre-
venting persons having refreshment. He endea-
voured to induce them to be quiet, and, while exert-
ing himself to do so, the prisoner gave him a vio-
lent blow with his clenched fist, on the back of his
neck. Complainant then called for assistance, as
he became sick and felt unwell.

Mr. Arnold—To what do yoa attribute feeling
unwell ?

Complainant—To the tiow I received. I still
eel the effects of it.

Complainant, in continuation, said that policeman
Potter, V 174, came to his assistance, and took hold
of the prisoner. friends called out for a rescue.
The constable was ',hen surrounded, and the prisoner
was taken from tim. A rush was then made to the
coffee-room do,Jr, which was forced open. All of
them rushed into it, and the prisoner:proceeded to
the window, which he opened, when he removed
the bars an'i got out. He was soon laid hold of by
Potter, wtio was assisted by another constable. A
cry was immediately raised of" Rescue," when the
prisoner was forced away from the police. This
occurred several times, and at last the prisoner got
away. On Friday night he, however, came again,
when he was served with the warrant by Potter,
who took him to the station-house.
Complainant added, that while the disturbance
was going on the person describing himself as the
prisoner's solicitor was in the gardens.
Mr. Arnold—Do you know the prisoner ?
Complainant—Since he has been in custody I
have recognised him as the person who took an
active part in the disturbances which occurred two
years ago on the Derby-day.
Potter said that there were from forty to sixty
persons joining the prisoner. This was the only
part of the gardens in which there was a distur-
bance, and there were at least 16,000 persons in
them. Several glasses were broken at the circular
bar. The company in it could not be served, and
he had his hat knocked over his eyes.
The prisoner denied having struck the com-
plainant.
Mr. Adams said he had a witness who saw the
blow, but he was not present.
Mr. Arnold said that it was not so much the
assault that was to be complained of, but his
(prisoner's) conduct, which was most disgraceful,
and he should remand him.
The Solicitor asked to put in bail.
Mr. Arnold—Certainly not. He is remanded to
Wednesday next. _

In the Course of the afternoon Lord Worsley,
M.P., applied to the magistrate to be allowed to
put in bail. His application was refused.

COUNTRY MARKETS.

NORTHAMPTON—JUNE 1.
At this corn-market wheat was in middling supply, with
a dull business doing—prices ranging from 62s to 64s for
old, and 40s to 59s for new. A small show of barley—
malting 38s to 445, grinding 288 to 34s per qr. Oats in
moderate show, and prices as before—quoted at 268 to 36s
per 24 stone. Beans, old, 36s to 48s ; peas, 44s to 48s.
Rye, 37s to 425; malt, 68s to 72s ; flour, 338 to 34s per
sack

NORWICH--JUNE 1.
At this market to-day wheat was in fair supply, with
a slow sale, and last week's rates were is per qr decline.
The supply of barley limited, and little business doing.
The same remarks will apply to oats, beans, and peas.
The weather fine, and crops much improved in appearance.
White wheat. 58s to 62s Red wheat. ....... 54s to 583
Malting barley....4ss •to 47s Chevalier barley...4ls to 44s
Distilling do.. ....31s to 34s I Oats.. .......... 26s to 30s
Flour, 43s to 43s 6d per sack from the miller.

LEICESTER—.JUNE 1.
The supply of wheat of a limited character, and prices
were at a decline of is. :White wheat, from 66s to 70s
—red, 74s to 68s per 36 stone; a rather slow demand for
barley, grinding, 30s to 32s ; malting, 36s to 40s per qr.;
oats, 32s to 35s per 24 stone. Beans—old, 56s to 58e;
new, 44s to 52s per 38 stone.
Fine flour, 47s I Seconds, 42s I Thirds, 40s per 20 stone.

YORK— JUNE 1.
The market was dull, with a very moderate supply of
wheat, and last week's rates were is per quarter lower.
Very little barley came to hand, with a dull demand. Oats
were scarce, with a firm inquiry; late prices not exceeded.
Beans met a slow inquiry, and prices rather on the decline.
Wheat, red 46s to 56s Oats.... 27s to 298
I White do .58s to 64s 1 Beans 48s to 58s
Barley .38s to 428 I Peas ......... ....—s to —l5 Malt, 70e to 72s per qr. ; rye, 80e per
qr. ; flour, 460
to bOs per sack.

OXFORD--JUNE 1.
A full supply of all kinds of grain, with but little dispo-
sition to purchase, except at lower rates, which farmers
were unwilling to accede to, and consequently the market
was a dull one. Barley hardly noticeable. Flour, from
45s to 46s per sack.