The Sun.
London, England, 1850-03-18 00:00:00

MARRIAGE.

, The declaration averred the promise of the Mend-
ant to marry the plaintiff, and the defendant had not
pleaded at all. Mr. Humfrey, Q C., and Mr. Will-
' more, with much grace, represented the fair plaintiff.
Mr. Macaulay, QC., on the other hand, had the mis-
fortune to represent the recusant young gentleman
proceeded against, as a warning to all others, in like
manner disposed to offend, not to make to all young
ladies rash promises founded on transient youthful
impulses; and affections not sufficiently matured or
deeply rooted.
The case presented but one remarkable feature of
interest, which was the lais:ez oiler mode in which
the engagement was by the defendant broken off
Extracts were read from numerous letters from the
defendant to the plaintiff, beginning with one (No.
4), dated the IBth of April, 1845, and ending with
one (No. 163), dated in the month of November,
1849, which, without :any other evidence, amounted
to most ample proof of the promise, if such had been
necessary, but which, indeed, was admitted on the
record. There was not in the letters anything ludi-
crous or silly, or otherwise interesting to the minds
of persons of either high or low, good, depraved, or
meidocre taste. They were the letters cf a sensible
man, committed by a promise to be afterwards very
deeply deplored, and handsomely paid for. Certainly
there was nothing in the letters to induce any right-
minded person unnecessarily to cause a more extended
publication of them than has been already recorded,
written as they had been, in sincerity and confidence,
with fair regard to an honestly contemplated com-
pact, the most sacred, as it is the most important,
that man or woman either in this life can enter upon.
Thus may the letters which, with the exception of the
brother Henry's testimony, may be said to have been
' all the evidence adduced on the part of the plaintiff,
be shortly disposed of.
The plaintiff's father was a respectable tradesman at
Sheffield, with a goodly family, of ten daughters to
provide for. The defendant was described as a land
f valuer. In 1843, he, then very young, and a pupil of
Mr. Bright., an eminent surveyor in that great mer-
cantile town, at the time residing in the house of thet
gentleman, betame introduced to Mr. Henry Lay-
cock, the brother of the plaintiff, and through him to
his sister and family ; so the intimacy with the
plaintiff commenced. Since that time a son of Mr.
Bright had married a sister of the plaintiff. A fter the
engagement had been formed, the defendant, as a
land surveyor, went into the county of Norfolk to
manage the affairs of Sir R. Sutton ; but a difference
having arisen between him and another person in the
employ of Sir Richard, with whom that Learned
Baronet took side, or for some other cause, the de-
fendant left Norfolk and came again to reside at
Sheffield, for a considerable space of time dwelling in
Mr. Laycock's house. He again left Sheffield, and
appeared to have thrived beyond his expectations in
his profession of a surveyor and land valuer. O.ie
day he met the brother of the plaintiff, and to him
eery coolly said, "Oh ! I cannot marry your sister."
The brother, etonne quite, asked, " Why nut ?" and
h c only answered, " !I do not love her well
enough."
Mr. M4CAULAT, addressed the jury in miti-
gation cf damages, and did not omit to remark upon
the possibly rather important fact that selected pas-
sages only had been read from selected letters only,
whilst not one had been read entire, or a single letter
from the lady been presented to notice. We under-
stood the learned counsel to more than hiet that a
gentleman took a wiser and more honourable course
by acting as the defendant had done, and acquiescing
quietly in the verdict that must be given against
him, than by going to the sacred altar with a lie in
his mouth, and with holy ceremony, before God,
perfecting a contract from which he involuntarily re-
coiled, to the foreseen and contemplated perpetual
misery of himself and the lady, of whom in his early
youth, with judgment unformed, he had become
crianmoured. Far was he from being instructed to
last any reflection upon the lady. The defendant had
in this instance avoided the irrevocable tie for life to
Atterness within sight. By the record, and through
nim, his learned counsel, he had admitted his faulti-
ness in point of law, and was now ready to pay the
sum wherein he might be amerced by the finding of
the jury for this, his first and only youthful indis-
cretion.
It is not unworthy of a passing remark, that,
though it did not publicly in court transpire, on an
early day in this very week there appeared in The
Sun a report of a case (tried on another circuit) in
which one of the nine sisters of the plaintiff had
brought a like action (for breach of promise of mar-
riage) and been awarded damages to the extent of
4001. 'Here, though Mr. Humfrey's pathos not at all
fell short, the jury, having for some time retired, gave
only five-eighths of the sum obtained by the more
fortunate sister previously, who, as we are given to
understand, was older, so that one has for the failure
400/. (minus costs between attorney and client, not
illoned as between party and party), and the present
lady (with like deduction), 250/.
Toe civil business of these assizes being thus
concluded,
Mr. Baron PARKE sat on to try the remaining
town prisoners, and concluded his judicial lab curs
for this county at seven o'clock. He will, how-
ever, sit to try county prisoners at nine o'clock on
Monday ; to which hour he ordered the court to be
adjourned,
No case of any importance occurred.
CROWN COUlt I%—(Before Lord CAMPBELL.)
Three cases only were disposed of in this court to-
day.
George Doson, 32,
was acquitted upon an indict-
ment charging him with burglarious] r breaking and
entering into the dwging-house of Robert Walker,
on the 15th December last, at Shelford, with intent
to commit a felony.
At five o'clock the grand jury returned into court
with all the remaining bills, and presented the sub-
joined memorial to the much revered late Lord Chief
Justice :---

"TO THE RIGHT 110 N. TUB LORD DENMAN, &C.
"My Lord,---The grand jury and magistrates at•
tending the assizes for the county of Nottingham
r-..spectfully desire to convey to your Lordship their
feeling of sincere regret for the cause which has pre-
nted your again presiding at their assizes.
"Remembering the long connexion of this county
with your professional career, and the satisfaction
experienced by its magist:atcs in particular, and by
its inhabitants in general, at the elevation of one they
had so long known and esteemed to the highest seat
of criminal Judicature in this realm, and highly ap-
preciating the inflexible integrity, the honest
pendency, the freedom from all prejudice which have
marked your discharge of that high office, they deeply
lament the loss which the country at large sustains
by your retirement,and desire to express their earnest
hope that a long period of improved health may still
enable you to discharge the important functions at-
tached to your elevated rank, and to enjoy with un-
alloyed
satisfaction the reminiscence of arduous duties
faithfully performed during a long and agitated
period.'

WESTERN Clie C Oil .-1167claste,' Ma; eh 15.
CIVIL SlDE.—(l3ernre 111 r. Ju tics ERLE and a
Common Jury.)
WARING V HARDER.

Upon the jury being called in this case, the chal-
lenges were sc numerous that the panel was ex
hausted, and the parties agreed to try will 10 jury-
men only.
This was an action for debt in penalties. Ti:e de-
claration stated that on the 30th of October, 1848,
one Charles Way was a burgers of the borough of
Lyme Regis ; that an election of town councillors
took place on the Ist of November; that different
parties were candidates, and that the defendant
offered to corrupt Charles Way to vote for himself by
promising to pay him as a reward a day's work. The
defendant pleaded that he did not owe the debt.
It appeared that the plaintiff was an attorney at
Lyme. When the party came into power in that
borough the old town clerk was turned out, and the
plaintiff was-appointed to fill his place. In 1848 the
other party had the majority, and the plaintiff was
requested to resign his office in favour of an-
other gentleman. At the election in 1848 the de-
fendant, who was a most respectable surgeon in
Lyme, was a candidate, and it was allegfd that
the day before the election he called on Charles
Way, who was a shoemaker at Lyme and a voter, and
" Way, if you will come down and vote for
us to-morrow, you shall be paid for your day's
work." The voter went down the next day and
voted for the defendant, but net for his three friends.
An action was then commenced against the defendant
under the statute of sth and 6th William 117.., cap.
76. The 54th section of this statute declared that
any person who should offer money or attempt by
promises to corrupt, or offer to corrupt any voter,
should forfeit the sum of 50/. ; and, in addition,
tshould be disabled himself from giving any future
vote, and from holding any office during the rest of
is life. The case rested entirely upon the evidence
of Way, a shoemaker, and his wife, and they stated
hat the day before the elecion the defendant came

to their house and said—" Way, if you will come
and vote for us to-morrow, you shall be paid for your
day's work."
in cross-examination, it seemed that Way had been
earning, very little money for a long time ; some-
times not more than 2s. Gd. a week. In order to
come to these assizes he had ridden in a cart to
Bridport. He had then walked and ridden to Dor-
chester. He did not know in what be rode, but he
and his wife were picked up on the road.
He supposed the coachman knew him. He did
not know what carriage it was. It had not any
name painted on it. He believed it was a gentle-
man's carriage. It was Captain Bennett's carriage, of
Lyme. He did not know how many persons there
were in it. He believed the coachman was outside.
After much pressing, he said the plaintiff was on the
box of the carriage. They were brought in the car-
riage to tLe top of Dorchester-hill, when they were
turned out to walk into the town, and Mr. Waring
got inside the carriage. He owed some rent, and his
landlord wished him to pay him, but he (Way) said
if he had any money of the plaintiff it would throw
the cause.

Mr. COCKBURY, for the defendant, said this was
not an action brought in consepence of the result of
the election having been brought about by corrupt
practices, but for the purpose of gratifying the miser-
able, contemptible, vindictiveness and spleen of Mr.
'Waring, for having been displaced from his cffice.
Ile then asked the jury whether they could believe
such a man as W 2,37 ; if not, they must find a verdict
for the defc.ndwit.

Mr. Justice ERLE, in summing up, observed that
all depended upon the credence they gave to Way and
his wife.

The jury returned a verdict for the defendant.
Alarcle 16.

CROWN COURT.—(Before Mr. Justice TA.L.
FOURD.)
_ .

John Brake was indicted for the manslaughter of
William Allen, on the 20th of February,
,at Fur-
dington, by striking him on the head with a stick,
thereby giving him a mortal bruise and fracture of
the skull, and extravasation of blood on his brain, of
which he died on the same day.
Phinn and Mr. Karslake were counsel fur the
prosecution; and Mr. Cockburn and Mr. Stock fur
the defendant

The prisoner was a very handsome respectable•
looking man. The utmost excitement was produced
by this trial, and the crowd in and around the court
was immense.

This matter arose out a meeting of Protectionists
held in this town on the 20:h of February. The
meeting was a very large one, composed of landed
propriet,rs and farmers. They first met at the
Town Hall, and then adjourned to the riding-Ichool
of the barracks, at the top of the town. A vast
number of Free-traders and boys also attend, d the
meeting, but the clamour they made was so great
that they were expelled. The mob, as they were
termed, then threw stones in such a way that the
farmers sallied forth, and w ith sticks beat off the
assailants; and no doubt Allen was struck and killed.
The question was, whether the prisoner was the per-
son who had inflicted the blow.

The following was the evidence adduced for the
prosecution :
John BiThop—l am a grocer, residing in Thr-
chester. I was present at a meeting convened by the
sheriff on the 20th of February. It was held for the
purpose of petitioning Parliament to restore protec-
tion. It was first held in the hall, and was then ad-
journed to the barracks. Same gentlemen addressed
the meeting. • About 800 persons were present. The
speakers were interrupted, and eventually certain
persons were expelled from the place. I saw no
weapons but sticks. I saw sticks used in expelling
the people. Stones were then thrown through the
windows of the riding-school, in which the meeting
was then held. The meeting broke up about four
o'clock. There was a crowd outside the barrack
gate. Stones were thrown. The body of the meet-
ing came out and drove the people away.
Cross-examined—l am like you (M-. Cockburn), a
Free-trader. Thespeakers were on the other side.
There was considerable interruption to the speeches.
I Ivard a voice say, " Turn them out." There was
immediately an affray. Stones were thrown to such
an extent into the riding-school that it became neces-
sary to adjourn the meeting to the barrack-yard.
There were plenty of stones in the neighbourhood,
and a vast number was thrown. The sticks were
common riding-sticks.
Thomas Hardy—l am a shoemaker at Dorchester.
I knew William Allen. He was apprenticed to a
tradesman in this town. I was at the meeting in the
barrack-yard. When it broke up I saw the farmers
come out of the yard. Stones were thrown. The
gentlemen of the meeting rushed towards those per-
sons who were throwing stones. I then ran away.
Whilst I was running I saw the boy Allen going the
same way I was going. I saw a farmer come along
and knock Allen on the head with a stick. The pri-
soner is the man who struck him. He knocked
Allen down. I said to the prisoner, " You have been
up and killed that chap." He made no answer. I
went to the boy, who was on the ground. He ap-
peared to be in convulsions. I saw the prisoner
coming along beating the people with his stick.
Cross-examined—l ran away, because I was afraid
I should have my brains knocked out. I had thrown
one stone. I did not throw more than one stone. I
did not hit any one with the stone, because I could
not throw straight enough. The prisoner had on a
brown coloured over coat.

Re-examined—Allen was deformed. He was
shuffling along, away from the barracks, when he was
struck.

By the Jury—There were several farmers follow,
ing the boys. There was but one farmer who fol,
lowed Allen.

By the JUDGE—AIIen was about twenty years of
age.
John Fitzsimmonds—l am a sergeant in the Artil-
lery. I have been stationed at Dorchester five years.
I was at this meeting and saw it break up.
Stones were thrown at the farmers as they came out
of the gates._ Some of the farmers rushed at the
persons who were throwing stones. I knew Allen.
I saw him near the Bridport-road. He was running
towards the ro sd. I saw the prisoner strike him on
the head, and fell him to the ground. Allen, when
on the ground, kicked him tremendously. Hi, eyes
rolled in his head, and the blood came from his nose.
I had seen the prisoner in the barrack-yard before
this. When the farmers made the charge I got a
blow of a stick myself. I had known the prisoner
before as a farmer coming to the town. I take par-
ticular notice of the farmers. I was running as fast
as I could when the boy was struck. I said, "Rs
out lights with you, my lad." I said to the prisoner'
"It's terrible bad work, this, Sir." He made no
reply, but looked very much excited. The farmers
were pursuing the boys in all directions.

Cross-exam—ined—The stones came iii like hail-
stones, only they were very large. I preserved her
Majesty's property at the barracks, but I had some
trouble to do it. lam sure I saw the prisoner in the
riding-school before they pulled the waggon out. I
am in the recruiting service. I have taken no active
part in this matter. There was a regular iigh.. I
never saw a worse in Ireland. I ran, to get out of
the way, but I do not belong to the flying artillery.
There was not a man among the running mob that I
would have enlisted ; they were all little fellows; we
want tall, good-looking men. I was about fifteen
yards from the prisoner when he struck the boy. The
weapon appeared to me to be a whip with an iron
handle to i'. I attend the markets and fairs, and if
I see a man who would suit the regiment I keep a
pretty sharp eye upon him. I .was out with the hounds
the next day. I said it was a rough concern. I said
I saw the man strike the boy, and that if I saw the
man again I could swear to him among a hundred.
Mr..Longman did not ask me what sort of man he
was. I did not say he was a man about 5 feet 10,
with grey whiskers and grey hair. Mr. Longman
did not take off his bat and ask me if this man's hair