The Sun.
London, England, 1857-07-18 00:00:00

pronounced it to be utterly worthless, and y SPAPER
did not in any way bind Mr. Smith to the pr
"ance of his promise to marry Miss Hat
learned counsel then read the agreement
tion, which was_as follows : •
"An aerceateet made •,a day of
1856, between Rolsert.Eze,leitst ,3%:, Z. Of F.
field, farmer, oir the one part, and 2ilari ha a.eeaeaas,
Hills, of a—, spiuster, on.the other parr. Wh reAL
an action is now pending in her Majesty's Court •
of Common Pleas, in which the said Martha
Augusta Hills is plaintiff, and the said Robert
Ezekiel Smith is defendant, and whereas it has
been agreed between the patties that such action •
shall be discontinued upon the terms following :
' Now it is agreed that the said Robert Ezekit 1 . .
Smith shall pay all the costs incurred by the said
Martha Augusta Hills in .the said action, and the
said Martha Augusta Hills hereby agrees to return
to Colemans (the residence of Smithy and reside
with the said Robert Ezekiel Smith "as herete-
fora ;" and lastly, the said Robert Ezekiel Smith
promises and agrees to marry the said Martha Au-
gusta Hills within eight calendar months from this
date, provided always that it is expressly agreed
between the parties that this agreement, and all
obligations contained in it, shall be null and void
if the agreement or any copy thereof be shown to
the- attorney or other legal advisers of the said
Martha Augusta Hills, the said agreement being
en' e ed into voluntarily by the said Robert Ezekiel
Smith."
Mr. Chambers then proceeded to state that the
present prosecution was founded upon this agree-
ment ; and he said be should be prepared to con-
tend that it was a fraudulent proceeding altogether,
that the defendant, Cutts, knew well, at the time,
that the agreement was. illegal, and was of no value,
and that lie thereby fraudulently induced the young
lady to return to the house of Smith, and in the
language of the statute, by false pretences, hid in-
duced her to contrive to have carnal connection
with him ; and that both of the's() defendants had
thereby brought themselves within the scope of the
Act of Parliament. .
Sergeant Shee here interposed, and said that so
far from the agreement in question not being of any
force or value, the contrary had been proved, for
Mr. Smith had, in point of fact, married the young
lady. . •- -
Mr. Chambers said no doubt that since these pro-
ceedings Mr. Smith. had married Miss HMS ; but
the question for the jury was whether this was the
original object, and whether the agreement was not
intended as a fraud upon Miss Hills- to induce her
to continue her disgraceful connection with the de-
fendant, and whether Mr. Cutts had not merely
-acted as the go • between for that object. The learned
counsel then. proceeded to state that the moment
Mr. Shepherd saw the agreement in question be at
once preferred an indictment, which was found by
the grand jury, and the case would have come on
for trial at the last assizes but for the illness of Miss
Hills, and since that time Mr. Smith, most probably
in consequence of the proceedings that had been
taken by Mr. Shepherd, ha I marrie 1 the young
lady. This circumstance, had, however, created a
difficulty in carrying out the prosecution, be:ause
it was doubtful whether, as her husband was one of
the defendants, Mrs. Smith would be called upon
to give evidence against him. He therefore pro-
posed to consent to a verdict of acquittal being
taken as far as regarded Mr. Smith, and he should
then proceed with the case against Mr. Cutts, who,.
it appeared to him, was the most to blame in the
transaction, and who, man at' orr ey, ought to have
known better than to mix himself up with such a
proceeding.
The Lord Chid' Baron inquirad whether Mr.
Cutts did not appear to have acted all along as the
attorney for Mr. Smith ?
Mr. Chambers slid co doubt he had ; but lie
was stil liable for the consequences of any criminal
act I e might have committed. ,
The Lord Chief Baron observed that if Mr. Cats
had done wrong there were other moles of punish-
ing him without having recourse to such a proceed-
ing as this.
Mr. Chambers said he could not withdraw from
the prosecution, and he again asked his lordship to
permit the suegeition he had made, to take a ver-
dict of not guiliy in the case of Mr. Smith, and to
proceed against Mr. Cutts only, when Miss Hills'
evidence would be duly admissible to be carried out.
The Lord Chief Baron said there could be no
doubt that so far as Mr. Smith was concerned there

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had been a complete condonation of the offence by
his marrying the young lady ; and he put it to the
learned counsel whether he thought, under the cir-
cumstances as he had declared them in his opening
to the jury, it would not be great cruelty to the
young lady, and if any prospect of domestic happi-
ness for her existed the proceeding of calling her
as a witness would not tend entirely to destroy that
prospect, and that, therefore, the matter ought not
to proceed any further ?
Mr. Chambers said that he felt the force of the
o%servations that had been made by the learned
judge, but he was bound by his instructions to pro=
ceed against Mr. Cutts, and he should be com-
pelled to call Mrs. Smith to give evidence.
The Lord Chief Baron then said he should take
upon himself, no only as a matter of law, but al-o
having regard to the public interest and the feel-
ings of the parties, to decide that Mrs. Smith was
not a competent witness. If she were examined
at all she must give evidence equally against her
husband as against Mr. Cutts, and he shouli there-
fore rule that she could not be examined.
Mr. Chambers said as this was his lordship's
opinion it would be useless for him to proceed fur-
ther, or to call any evidence, as the case rested
almost entirely upon the evidence of the young
lady, who was the only person present when the
agreement was given.
I The jury then returned a verdict of not guilty.