The Sun.
London, England, 1850-11-06 00:00:00

EXCIIL QUER.-(THIS DAY)

4iDg 111 Ii 1l1e0.)
BREACH OF PROMISE OF 3IARRIAGE-MILITARD V.

LITTLEWooD.

This was an action for breach of promise of mar•
riage, tried ['jure fir. Baron Parhe at the late as6izas
at Chester, and iu which a verdict was found for the
plaintiff for 200/.

Mr. Sergeant 11. JONES applied for a rule to set aside
the verdict and for anew trial, or to arrest the judgment
on the ground of the bulk of the evidence being against
the verdict, and of excessive damages. It appeared
that the plaintiff, aho was a widow, and the mother of
two children, kept the IVheatsheaf public-house, in
Macclesfield, to which the defendant, who was a corn-
broker, carrying on business at Huddersfield, but at the
time an entire stranger to the plaintiff, repaired as a
guest on Saturday, the 31 of November, 1849, in corn-
paey with a friend named Wilson. An acquaintance
soon ;:prung up betweta the parties, at,cl as early as the
following Monday the detenchnt made an offer of
mat riage to the landlady, which was accepted.
Fie r, mained at t._e Wheataheaf nearly three
weeks, during which time, it appeared, he co-
habited with the platetiff. He then left somewhat
abruptly. She fdlowed him to Ofd barn, and went to
the ltld Oak, which was kept by his brother; she
there ingaired ior Harry Littlewood, ,mud was told both
by the de ciaiant's sister and sister-in-law, that he was a
married man, and was then in York hire with his wile
' end family. The plaintiff at first di,believed the infor-
mation. Iu Oldham she met with a friend of the de-
fendant's ri.-,mA Davenport, oho told her that he was at
Manchester, and at her request he accompanied her
th ther, s:e paying all the expernes. At Manchester
they succeeded in finding the übj,.!et of their pursuit,
and who ttok them to a public-house, where
they all regaled themselves with tea at the defendant's
expense. She entreated him to return w,th her to
Macclesfield, but he said he was unable to do so then,
promising to visit her again very shortly. He
accordingly returned on the 19th of December, and in a
few days afterwards the plaintiff shut up the W beatsheaf
and took a private house, which she furnished, in the
expectation that the defendant intended to fulfil his pro-
mie. Great intimacy continued to exist between them
until she gave birth to a child, when plaintiff deserted
her. The Learned Counsel now contended that as the
plaintiff knew well that the defendant was a married
man she was not entitled to so large an amount of da-
mages._

Mr. Baron PARKE—The jury found that the promise
was accepted in ir,noranee of the defendant's marriage.
Mr. Sergeant JONES —A witness who was a friend of
the defendant told her repeatedly that he was a married
man, but she said, " Married or not, she would keep his
company." The Learned Counsel then argued that even
if a bona fide promise had been made and accepted, it
was a general promise, and not that the marriage should
take place ou a particular day. It nas possible that
the promise was to marry the plaintiff on the death of
his wife.

The COURT refused to grant a rule on any of the
grounds mentioned, considering that it was entirely
within the provicce of the jury to judge of the amount
of damages. As to the right of a man to make a pre-
mise to marry a woman at the death of his wife, the
Court entirely agreed with the decision in the case of
" Wilde v. Harris." Such a practice was quite incon-
sistent with the devotedness and love which ought to
exist between a man and his wife; and nothing but the
decision of the highest authorities in the kingdom would
compel the Court to think it was the law of the land.
Rule refused.

COMMON PLEAS.-(TIIIS DAY.)
No business of any general importance or interest was
.ransacted in this court during the morning.

BAIL COURT.-(THIS DAY.)
(Sittings in Banco, before Mr. Justice PATTESON.)
EXECUTORS OF PETRE V. DUNC

Mr. JAMES, Q.C., applied to the Court for a rule to
show cause why the damages in this case should not be
reduced from 9,7531. to 6,308/. The question involved
in the matter for the consideration of the Court was,
whether or no interest was recoverable on payment
made by a surety to an annuity deed. Its 1823 the de-
fendant granted an annuity of 6001. a year to a Mr.
Downes, and the Hon. Edward Metre, deceased, became
surety for securing its due payment, while the de-
fendant himself granted Mr. Petro an indemnity deed.
The defendant made default in payment of the an-
nuity, ap.d in his lifetime Mr. Petro paid up the ar-
rears, to the extent of 6,3081., for the recovery of
which his executors brought the present action. The
jury, however, who tried the case, not only found for
that amount, but awarded interest, which they had no
power to do, making the total damages no less than
9,7531. It was true the 3d and 4th %Vm. IV., chap.
42, authorised juries to award interest on debts between
debtor and creditor, where debtor contracts to pay at a
particular time ; but.in a case like this no such pawer
existed, because when Mr. Metre paid each instalment he
ought, as he had a right to do, so to have at once called
upon the defendant to refund him the money. The
Court would perceive that if interest were recoverable
in cases of this nature, a surety would have the option
of allowing a long period to elapse before he called upon
his principal to refund, in order to obtain a large amount
of interest.--Application granted.

THE SUN, LON DON,

A puce eopptunt., ;owed that the tnecal and franc
piece were found upon Hamilton.
Ingram denied the ertarge, and Hamilton said tl at the
things were given her.
The jury returned a verdict of Guilty egainst Hamil-
ton, and acquitted Ingram.
The prisoner Hamilton was then sentenced to six
months' hard labour in the House of Correction.

MARLBRO'-STREET-( THIS DAY.)

M URDERI/US ASSAULT ON A FEMALE.
Benton a stout young fellow, ab, ut six net high, was
brought before Mr. Hardwick charged with violeetiy us-
saulting E:izabeth Harris, an untortuuate woman re-
siding in Cromer- street.
The prosecutrix, whose face and head were covered
with blood, and who altogether presented a dreadful
appearance, deposed that about three o'clock this morn-
ing she WAS in Oxford-street, when the prisoner, whom
she had never seen before, came up to tier and requested
her to hive him some money. She said she had Lot got
any, and bade him go 013. He then laid hold of her
and put his hand down her bosom; she struggled with
him and eventually got from his clutches, and was
naming away when he caught hold of her
again, and struck her a tremendous blow on
her fuse and knocked her down, and while she was lying
on the retirement he kicked her about the head and
other parts of the body with bi-. heavy-nailed boots. Stir
called " Police" and " Murder," acid a constable came to
her assistafice and took the prisoner into custody. The
prosecutrix was subsequently conveyed to the hospital,
where h, r wounds were dressed, and she was now in a
very dat,gerroA state from the injuries she bad received.
Javons, 89 C, was on duty in Oxf ird-street when he
heard screams of " Murder" and " Pulice," and on
running to the corner of Dean•street he saw the
prosecutrix lying on the paiement in a pool
of blood which was flowing from her head
and mouth. Witness placed her in a door-way,
and with another constable went after the prisoner, who
was running away. Directly the prisoner saw them, he
said, " You h—, if you attempt to take me, I will kick
the front of your skulls in." They then closed with
him, and attempted to take him, but such was his vio-
lence that they were obliged to have the aisistance of
five more constables to convey him to the station.
The prisoner denied the charge, and said his boots
were too thin to inflict such wounds as 'the woman bore
about her.

The prisoner's boots, by the direction of the magis-
trate, were examined by Robards, the assistant gaoler,
and found to be an inch thick in the sole, iron-tipped, and
thickly studded with nails. A kick from them would be
sufficient to kill an ox.
The prisoner was remanded for a week.

GREAT NORTHERN RAILWAY.

Having very recently had occasion to travel from
London to York and back upon the Great Northern
Railway, which our readers will remember was
opened to the public in August last as far as Peter-
borough, it aflOrds us the greatest pleasure to bear our
testimony to the general merits of the line, as a safe,
speedy, and commodious means of transit from the
metropolis to the ancient city of York. For the first
ten or twelve miles from London, the line runs
through a series of short tunnels, working its way
into the open country among and underneath the in-
numerable small picturesque hamlets which cluster
around the vicinity of this metropolis. It then pro-
ceeds through Hertfordshire and Bedfordshire, in a
straight line, to Huntingdon, passing in its course
Hatfield, Welwyn, Stevenage, Hitchin, Arsley, Big-
gles wade, Sandy, and St. Neots. From Hatfield it ap-
pears originally to have been the intention of the company
to throw off branches right and left, to Hertford
and St. Alban's, and from Sandy to the town of Bed-
ford, but those works for the present remain in a
state of abeyance. From Huntingdon the lines goes
on to Peterborough, through Holme, and several
other small towns; thence, going through Lincoln-
shire, it diverges by a loop further towards the sea
coast, to the Wash and Boston; thence it proceeds to
Lincoln ; and thence on to York, by way of Bawtry,
Askerne, Doncaster, and several other important
towns in the East Riding of York. From Bios-
ton there is a very important branch to Hull and
Great Grimsby, running parallel with the sea coast
throughout its entire length, and intersecting the
principal towns in its way. Up to the present time
the direct line from London to York is only com-
pleted as far as Peterborough, but the unfinished por-
tion, running straight across the country from Peter.
borough to Retford and .Bawtry, by way of Newark-
upon-Trent, is now in course of rapid con-
struction. Some faint idea may be formed
of the magnitude of this gigantic undertaking, when
we state that the line from London to Peterborough
cost no less a sum than 3,000,0001. The importance of
that portion of the undertaking, irrespective of its
forming a considerable part of the direct line from
London to York, is indicated by its now affording
a new and continuous route from the metropolis, by
Peterborough, to B,ston and Hull ; by Lincoln and
Retford to Sheffield ; by Doncaster to Wakefield,
Leeds, York, and the northern counties of England,
and thence into Scotland. The distance by this route
from London to Hull is 173 miles, including the
New H Maud ferry, and to Yurk 210 miles. The
distance saved between London and York, even by
the present comparatively circuitous route, is like
miles, and between London and Peterborough and
London and Lincoln nearly thirty miles.
Such is a coucke description of the general direction
which the Great Northern wail way takes. The obj,ct of
its directors is to thvelope the local traffic of the dis-
tricts traversed by the main line and locp, and to afford
the utmost facilities fur the interchange and transmis-
sion of p assengers and merch indise from and to the lines
of other companies communicating therewith, without
injuriously competing with them. It is considered,
as a whole, one of the best constructed lines of rail-
way in the kingdom by persons who have travelled
upon it, and who are competent to form an opinion
of its merits. The engineering works throughout are
of the most ample, substantial, and permanent kind,
whilst the carriages and general appointments of the
line are characterisea in a remarkable degree by taste,
skill, convenience, comfort, and completeness.
The country it traverses is remarkably picturesque,
with the exception perhaps of Lincolnshire, which
our readers know is fiat and marshy. Imagination
cannot conceive more beautiful landscape scenery than
that which the line intersects on its way from the
metropolis to Peterborough. Woodland and water,
hill and dale, meadow and arable land of the ,richest
quality, sweetly commingling, and dotted over and
diversified in every direction by towns and hamlets,
chateau-houses, and church spires, the traveller is en-
chanted as he speeds on his way through Hertford-
shire, Bedfordshire, and Huntingdonshire. Seen, as
was our lot, in early morn, when the sun, just peep-
ing above the horizon, bathed the woodland
heights in a sea of golden light, and under an
autumnal sky, when the gladsome earth bore on its
bosom the fruits of an abundant harvest, and the va-
riegated tints of the umbrageous woods spoke both of
beauty and decay—when air and sky were vocal with
the melody of birds, and the jocund song or whistle
of the ploughboy as he " drove his team afield —the
exquisite repose and beauty of landscape scenery so
endlessly rich and varied as that, sheds over the mind
and heart, susceptible of emotion, an influence touch-
ing and ennobling in the enjoyment, sweet in the
recollection. _ _ _

From Peterborough to Lincoln, by way of Boston,
the country through which the line runs being ex-
tremely flat, is almost wholly destitute of interest.
One sight, however, on this portion of the journey,
gives rise to some degree of reflection. For miles
over miles thereabouts, the line runs alongside—on
the very banks, i ufact—of one of those large river-canals
which used, not many years ago, to carry on their
bosoms the passenger traffic and merchandize between
all the important towns of the midland counties of
England especially. As the train sped along
the banks of this great highway, it was cu-
rious to observe how completely its waters were
deserted, and how the traffic which aforetime it
waftal from place to place was now divided and borne
to its destination by a rival power with almost the
velocity of the wind, and which mocks the highway
it has supplanted by travelling along its very margin.
Could the Duke of Bridgewater have had but the
faintest foreshadowing of this mighty change when
he conceived and was working out his great canal
scheme, how he must have faltered in the execution
of his purpose. The expectation of the directors at
present we believe is, that the station at King's -cross
will be erected and fit for use, and the remainder of
the direct line to York be completed towards the end
of next year, thereby realising one of the prime ob-
jects of the company—the shortening the journey
from London to York by thirty miles.

We referred some days ago to the fact, for which
we have the best authority, that Ministers intend,
,
immedi-
ately after the re-assembling of Parliament, tointroduce. a
measure for the extension of the electoral qualiticAlon. We
are now enabled to add, that not only will the contemplated
measure greatly enlarge the number of voters in cities and
boroughs, but that it .will makea great addition to the county
constituencies. One of its leading provisions has been men-
tioned to us ; but it would be premature to promulgate it
until it has formally received the sanction of the Cabinet.
We may, however, mention, that should the provision in
question be adopted, of which we believe that there can be
little doubt, it will add nearly 300,'i00 to the county consti-
tuencies of England and Wales. We can farther state, that,
with the view of making the intended measures as complete
and satisfactory as possible, Ministers have lately caused in-
quiries to be made into the operation of the present electoral
system in different parts of the country.—Advertiser.
ENTOMOLOGICAL SOCIETY.—The usual monthly
meeting of this society took place on Monday evening, ltdr.
B. Waterhouse, President, in the chair. The- Rev.
Joseph Greene, Miss Stoeford, and Thomas Thompson,
Esq., were elected subscribers to the society. Mr. Shepherd
exhibited a specimen of noaagria cannm that was henna.
phrodite. Mr. S. Stevens exhibited three cocoons of a
bombyx, from Columbia, in each of which he had found
two pups; he also exhibited the four new coleoptera, de-
scribed by Mr. Newman in the Zoologist. Mr. J. F. Stephens
exhibited specimens from Scotland of dictyopterus aurora
and Linea octrareella of Tengstrom ; the latter had been
found by Mr. Weaver in ants' nests. Mr. Bond exhibited
several rare lepidoptera, taken at Ventnor in August. A
specimen of deilephila celerio was exhibited by the President
on the part of Mr. G. Ransome. Papers, by Mr. Saunders,
on Australian longicorus; by Mr. Hewitson, on new papili-
ogidm ; and by Mr. Westwood, on eyania, wets then read.