The Sun.
London, England, 1859-08-05 00:00:00

THE sSUN, LONDON, FRIDAY EVENING, AUGUST' 5, 1859.

ELECTION INTELLIGENCE.

DARTMOUTH.

The late member for this borough having been
unseated for bribery, a vacancy in the representa-
tion has been caused. Two candidates solicit the
honour of election—viz., Mr. Dunn, the defeated
candidate at the last election for Totnes, in the
Conservative interest ; and Mr. Stuart Donaldson,
who has filled several responsible offices in the
Government of New South Wales, in the Liberal
interest. No very great excitement prevails. What
the result will be it would puzzle the most far-
seeing to predict.

When they were altogether they were in the Tcont-
mittee-room. He polled for Grenfell and Crp.
Some other witnesses were then examined, but
their evidence was precisely to the same effect, and
the committee adjourned.

THE BUILDERS' STRIKE.

TO THE EDITOR OF THE SUN.

Sir,—May I ask you to insert the enclosed answer
to my letter addressed to the Chairman of the
United Trades ?

Yours obediently,
33, Grosvenor-street, Aug. 3. KINNAIRD.

"National Association of United Trades,
269, Strand, Aug. 3.

"My Lord,---In reply to tho letter which I had
the honour of receiving from your lordship last
night, I beg in the first place to return the thanks
of the executive committee of this association for
enabling us to remove any erroneous impression
which may exist with reference to our position in
the matter referred to.
" This association has no connexion whatever
with the United Building Trades,' has not partici-
pated in what is called the Nine Hours' Move-
ment,' and has no official communication from the
managing body of the building trades upon the
subject.
" The only part this committee has taken in the
movement was to publish a letter in the London
weekly newspapers on the 4th of February last,
soliciting the building trade to assist us in passing
through the Legislature the bill for establishing
Councils of Conciliation and Arbitration, introduced
by Mr. Mackinnon, and pointing out the supe-
riority of that method of settling disputes to the
irrational, wasteful, and injurious system of strikes.
" Whenever circumstances have brought any of
my colleagues into the company of members of the
building trades, they have uniformly expressed
the opinion that they would fail in a movement
the object of which was opposed to the generally
established custom of other trades, and to the prin-
ciple legally recognised in the Ten Hours' Factory
Act, and they have stated, as your Lordship sug-
gests, that it would be far better for them to as
for the Saturday half-holyday, now so generally
recognised among all classes of employers, as bene.
ficial alike to masters and men.
" That is the full extent of our interference in
the unhappy contest which is likely to lead to so
much suffering, and to create sa much angry
feeling on both sides. Perhaps I may be permitted
to add that this association was founded in 1845
for the express purpose of putting an end to strikes
by substituting impartial and amicable mediation
and arbitration, and the experience of the last 13
years has amply shown the superiority and advan-
tages of that course of procedure.
" We have only failed in some instances because
no legislative powers exist to make agreements
binding, and seeing this our efforts have been
directed for the last five years to amend what we
consider a defect in the law of this country.
" In 1854 we published a pamphlet on the causes
of strikes, and setting forth the state of the law
with respect to arbitration and magisterial juris-
diction in the case of trade disputes.

"In 1856, public opinion- having somewhat
ripened upon the subject, we assisted Mr. Mackin-
non in obtaining a select committee of the House of
Commons, which collected a large amount of valu-
al9le and practical evidence, and reported in favour
of the amendment of the existing law.
"In 1858, and again in the present year, care-
fully prepared bills have been introduced into the
House of Commons on the subject through the in-
strumentality of Mr. Mackinnon ; and 1 beg to
assure your lordship that we are determined to per-
severe in our efforts to introduce into this country
tribunals for dealinc, with trade disputes similar to
the Conseils des Prudhommes'e' spoken of so highly
by Lord Brougham on Tuesday evening in the
House of Lords, but with such alterations as will
adapt them to the habits and the customs of this
country. _ _ _

" It will confer a favour upon myself and col-
leagues if your lordship will give the same publicity
to this reply as to the letter which elicited it.
"I have the honour to be, my Lord, your lord-
ship's most obedient servant,
" G. A. FLEMING, President.
" The Right Hon. Lord Kinnaird."

LA TV INTELLIGENCE.-(TIIIS DAY.)

SECONDARIES COURT.

BREACH or PROMISE OF MARRIAGE-DAMAGES, £250.--

DAVIS V. MOSES.

This was a writ of inquiry to assess the damages in a
breach of promise of marriage—defendant having suffered
judgment to go by default.
Mr. Sergeant Pigott and Mr. Sleigh appeared for the
plaintiff, and Mr. Harrison for the defendant.
Mr. Sergeant Pigott, for the plaintiff, opened the case at
some length, and stated that the parties to this suit are
of the Jewish persuasion. Plaintiff, a young lady aged 35, is
the daughter of a draper carrying on business in the St.
John-street-road, and defendant, aged 37, is a jeweller, of
Oxford-street. The parties became acquainted four years
ago at the house of a mutual acquaintance named Davis.
After much visiting and many love episodes, defendant pro-
posed for the hand of Miss Davis, and was accepted. But
between Sept., 1858, and Jan., 1859, obstacles appeared
to arise to prevent the desired consummation. Defendant
averred in his epistles that his mother was against the
match, and that his father was of the same mind as the
" roissus." (Laughter.) In fact, his father wished him to
marry a maiden of their own choice. Defendant, who had
previously declared himself to be very well off, now said
that money matters was one cause of the non-fulfilment
of his contract. His mother had threatened to go down to
Portsmouth and take the money from his (defendant's)
name, placing it in that of his brother. Under all these
circumstances, defendant being scarcely of an age when be
could judge for himself in the matter of a wife, the learned
sergeant called upon the jury to award plaintiff such da-
mages as would in some degree recompense her for the
breach of promise committed by defendant.
Mrs. Davis (plaintiff's mother), examined by Mr. Sleigh,
proved the above statement, and said that defendant had
frequently stated that he had money and. a good
business
;
he had no objection to her friends knowing of his proposi-
tion to marry defendant, but he wished it kept secret. from
his own. Defendant was well off, and his uncle had died
lately and left him a legacy.
Cross-examined—Our families had been intimate for
years. Defendant was a very frequent visitor at our house.
Sometimes two or three times a day. (Laughter.) Ho
keeps a jeweller's shop. He sells Dutch clocks. (Laughter.)
The intended marriage was broken off because he would
not inform his parents of it, and my daughter would not
consent to a clandestine match. When the matter was
broken off defendant offered £lOO in two bills at six and
twelve months. (Laughter.) This was of course refused.
Plaintiff was in business before the proposals made by de-
fendant, but at the request of that person gave it up.
Re-examined—Plaintiff had suffered much in health
through the breach of defendant's promise.
Mr Davis stated that defendant had declared that he did
not want any money with " Betsy" having plenty of his
own. Witness said ho would give his consent to the mar-
riage, but could not give his daughter any money.
Plaintiff, and sister, with an apprentice, earned 255. per
week at shoe-binding., but this had been given up at de-
fendant's request. Plaintiff was taken seriously ill after
the refusal of defendant to fulfil his engagement,
and was visited by a physician. After he
had attended her for a day or two he pronounced that she
suffered from some " sudden shock." Witness then told
him the cause. Ho said he could not administer to a
diseased mind. Witness fancied himself that the reason
defendant did not perform his promise was because he
(witness) could not give Betsy £5OO or £l,OOO. Defen-
dant sold American and French as well as Dutch clocks.
Defendant also dealt in expensive china.
Mr. Harrison—Anything else beside the crockery ?
(Laughter.)
Mr. Sleigh—Oh ! don't call it crockery—it is valuable
china. (Roars of laughter.)
Witness—Defendant never said he not the means to keep
a wife.
A witness, called by Mr. Sleigh, said that one day he
was hailed by defendant, who said that he did not mind the
intended marriage being talked about in plaintiff's family,
adding, " I only want it kept secret till the old man's
death, and them I shall have £5OO. Come and have a drop
of brandy. I ens worth £1,400, and don't use £10." No
one was present at this conversation.
which defendant
NtvohOoks
e£
hsooou,s
edated
n2dlas
tAhpardi 1
Mr. Simmonds produced the pr, bate of a will under
,coluBsrt9e.Mrs. d plain-
tiff, stated that Mr. Moses had notified his intention of
marrying plaintiff. Witness told him he could not do
better. He also said it was now time he throw off the yoke,
alluding to his parents. (Laughter.)
Mr. Sleigh—l agree with him. A youno•
is man of thirty-
seven quite old enough to throw off the yboke. (Roars of
laughter.)
Mr. Sleigh then addressed the jury, and contended that
plaintiff• was entitled to the full amount in the declaration,
£609. Not one thing had been brought out that could
mitigate the damages one iota. Defendant was an intelli-
gent man of thirty-seven, and not a boy entrapped into a
marriage by mamma. Mr. Moses was no chicken, and it
was time he threw off the yoke. (Laughter.) Under all the
circumstances, plaintiff was entitled to far more than the
amount claimed.

Mr. Harrison thought the case had been exaggerated
against defendant. It was understood to be made out that
Mr. Moses was a person of great importance, but he (Mr.
H.) still stuck by the crockery and Dutch clocks.
(Laughter.) Sergeant Pigott had been brought down to
nestle in his silk, as though this was s most important case
.--•but the parties were really in moderate stations of life.
After generally addressing the jury in mitigation, Mr.
Harrison concluded a very able speech, and
The learned Secondary pointed out that the jury had to
assess the damages, and after a short deliberation the jury
found for plaintiff. Damages, £260.
The court was crowded with members of the Jewish per-
suasion, of both sexes, who appeared to take great interest
in the proceedings.

The Ministerial whitebait dinner will take place
next 'Wednesday, the 10th inst., at the Trafalgar, Green-
wich, and it is anticipated that the business of the session
will be brought to a close on the following Saturday, the
13th.

The intelligence from Australia this morning
states that the following gold ships have left Melbourne for
England :—The Avon, on the 19th May, with 45,888
ounces ; the Southampton, 26th, 29,554 ounces ; the Prince
of the Seas, 27th, 26,321; the Eagle, Bth June, 31,635 ;
and the Beechworth, 10th, 19,988 ; making a total of
153,396 ounces, valued at abeut £613,000, of which a small
portion may be considered due,

THDID EDIT I ON.

SUN OFFICE, Seven o'clock.

BRIGHTON RACES.—(This Day.)

[By ELECTRIC TELEGRAPH.]

£lOO PLATE.

Fadladeen ____ _ _ _____ __.
Montebello..
Abron

CLARET STAKES.

... 2

Theodora
Cock-a-Hoop
Six ran.