The Sun.
London, England, 1850-03-04 00:00:00

ASSIZE INTELLIGENCE.

IV ORT HERA' CI RC U IT.—Newcasile-upon-Tyne,
March 1.

NISI PRIUS COURT.—(Before Mr. Baron AL-

DEILSON.)

BREACH OF PROMISE OF MARRIAGE.—mciroLsoN 77.

TURNBULL AND WIFE.

Mr. C-rainger and Mr. Udall were counsel for the
plaintiff ; Mr. Sergeant Wilkins for the defendants.
This was an action brought by the plaintiff, who
is an organ-builder in this town, against the defend-
ant and his wife, to recover damages for a breach of
promise of marriage made by the defendant's wife to
the plaintiff in the course of the year 1848. It ap-
peared that the female defendant was the daughter
and only child of a Mr. Parkin, a respectable trades-
man, who died about two years ago, having be-
queathed to his daughter a considerable sum of money
which he had amassed. She resided at Etherley,
near Bishop's Auckland, and in the course of 1848
she met the plaintiff at the house of a Mr. Brother-
ton, who combines the two trades of grocer and
music-master at Bishop's Auckland, to which place
the plaintiff went continually for the purpose of
erecting an organ in the church. The lady going
twice a week to learn music of Mr. Brotherton, con-
tinually met the plaintiff, the consequence of which
meeting was, that an intimacy sprung up which
ended in an engagement, and the following letters,
addressed by the female defendant to the plaintiff,
were put in and read to substantiate the plaintiff's
case :

" Wednesday Afternoon, March 21, 1849.
"My dear James,—l ought to have answered yours
sooner, but I have been so busy, and still am, you must
excuse me. The ring was safe, but it is too large. I
suppose it c.in be made smaller. You can get the licer.ce
at Durham to be married at Southchurch. I think it
would be better than coming over to Auckland on pur-
pose, as I believe it has got out about your being at
Green's before.

" You can get a waistcoat made such as you like, and
I will make one such as I like, the:► you can wear
which you choose. I wish I could persuade you not to
get much to the house until I come, I would feel far
more comfortable if you would not. Mr. and Mrs. Bro-
therton do tease me so. I wish all this anxiety were
over. I write in baste, Miss Hall is working beside me.
I don't know of anything I shall want from Newcastle.
If anything should come into my head, I will write.
With kind love I remain,
" Yours, very affectionate,
"M. PA. RKIN.

" 6, Wcst Clayton street, Newcastle."
Whitehall March 30, 1849.
_ _

" My dear James,—Before I received your last, I had
almost begun to think you had forgotten how to write.
You can get licence where it will be most convenient to
yourself, it is no matter to me where. I have got your
waistcoat finished to buttons, which you will perhaps be
kind enough to send by Mr. Brotherton. I would like
plated ones best; I enclose a bit of the material, and you
must get buttons to suit. I have seen studs to take out
when washed. If you can get them, they will be best.
I am quite well but rather harassed in mind, but it will
soon get over. I have no news. As you are so busy
with Lancaster organ, you had better not come on Sa-
turday. It would be quite as comfortable to me ono
way as the other, but as you are working so hard, it is a
pity to waste so much time.
" Yours affectionate,
" M. PARKIN."
" April 6, 1849.
"My dear James,—l received yours yesterday morn-
ing, and the stads, for which I am much obliged; but
you will, perhaps, be kind enough to get the other two
studs, as you only sent six instead of seven, aed
one has got broken on the road; I like them very
much. Cousin Jane came last night, and we find it
quite impossible to be ready on Tuesday. You must
exercise your patience a little longer, and I will do
my best to reward you when I do get ready—will
teat satisfy you ? If I vas at Newcastle I think I
could persuade you to be patient. I hope you will not
feel disappointed more than is necesbary ou account of
this matter ; it is unavoidable, and I can assure you I
would not have deferred the day, as I am as anxious to
be settled as you can be. When I write again, I hope I
shall be able to fix the day that all will be come
plet( d in.
" I shall be glad to find that you are not displeased.
I should have been glad for you to have spent Eater
Sunday with us, but as you will have to come on the
Saturday after to be ready, I think it would be as well
if you did not come till that tim I received the
licenr e by Mr. Brotherton; he tells me you are in ca-
pital spirits. I have just received the box from Stock•
ton with bonnets. I like them very much, and hope
you will do the same when you see them. Mr. Bro.
therton told us that you did not intend to ser.d or bring
the cake ; please say when you write, as I have not
understood from you whether you iutend bringing it or
not. I write in haste. Cousin Jane sends her love to
you. She will not go into Lancashire with us, but will
go with ua to Newcastle ti stay a time. She hopes you
will make yourself as happy us you can. With love to
yourself and the bairns, yours very affectionately.
" M. PARKIN."
After the writing of the last letter, it appeared that
the defendant, who was a merchant captain, and who
had been paying his addresses to the female defendant
previous to the plaintiff, returned from sea, and
shortly after, on the 13th of April, it was intimated
to the plaintiff that Miss Parkin did not intend to
marry him, Mr. Nicholson, but was about to be mar-
ried to C,lpt,iin Turnbull. The plaintiff was very
indignant at this trea!ment, which was increased by
his shortly after receiving from Captain Turnbull, the
defendant, the following letter :
" Etherley, April 21, 18.19.
" Sir,—ln consequence of not Laving heard from you,
lam desired by Miss Parkin to write you, requesting
to know the nature and amount of your claim for ex-
penses which you have incurred on her account, as she
is wishful to reimburse you, as soon as she knows whet
are the expenses you have been at on her account.
" Yours, respectfully.
" To Mr. Nicholson." " THOMAS TURNBULL.
The plaintiff was therefore tricked out of his wife,
and had been put to great expense in taking a large
house, and also in procuring a marriage licence; he
had likewise been deprived of the property of the
lady, and when he suggested that all should be set-
tled amicably by arbitration, he was cooly told by
the defendants to bring his action.
Several witnesses having been called,
Mr. Sergeant Wincres addressed the jury for the
defendants, and said it was one of the most extraor-
dinary cases ever presented to a jury, for, from the
letters which had been put in to convince them of the
amount of affection entertained by the young lady
towards the plaintiff, Mr. Nicholson, when the love
was put against the studs, plum cake, waistcoat, and
pianoforte, the love bore the same proportion towards
those commodities that Falstaff's piece of bread did
towards his sack. Fortunately such ridiculous actions
were not often brought on the part of a man. On what
ground could the plaintiffdemand damages ? Was his
heart broken ? Fortunately there never was but one
broken heart, and that was the broken heart men-
tioned by Sam Slick, which belonged to a Yankee
blacksmith, who undertook to test his strength with
an English blacksmith in the lifting of an anvil. The
Englishman could not move it ; but the Yankee
having raised it, said " it broke his heart, for he
never went without a pain in his back afterwards."
But the Learned Counsel for the plaintiff had let out
the real grievances of the case, in saying that it was
a serious thing for the plaintiff to be deprived of the
young lady's fortune. If he had only obtained the
poor girl's fortune, it would have set him well up in
the organ-building, and have enabled him to carry on
a roaring trade. The real truth was, that the Bro-
thertons suggested the match to the plaintiff, as the
girl was possessed of money ; and they had teazed
and worried her nearly to death, for the letters proved
that more than anything else, and did not contain the
warmth of affection which love letters usually breathe.
The plaintiff had proposed a reference. In the name of
all that was amorous, who was to be the referee ? What
documents could he inspect? Was the award to be
made a rule of court, and if so cf what court, except of
the court which could alone take cognizance of it—
the court of Cupid and Hymen. The truth was that
the lady's affections had previously been engaged to
Turnbull, and having been induced to break faith with
him by the plaintiff, he having returned from sea, the
plaintiff was caught in his own trap, and the verdict
most suitable to the case would be that returned by a
Welsh jury of "serve him right." The young lady
was only 20, whereas the plaintiff must be 40, having
a child 7 years of age. Captain Turnbull was only
28, and much more suitable in that respect than the
plaintiff, who was a man with three children. Elderly
suitors should remember the advice—
" Old men be Nero,
Young wives will make you remember;
They'll bring you to trouble and care,
Like poor old Mr. December."
With regard to the waistcoat, it must be admitted
that a strait-waistcoat would be most appropriate for
the plaintiff. But a promise had been made and
broken, and so they must find a verdict for the plain-
tiff. No damage, however, had been sustained ; no
love had been lost. It did not appear who paid for
the licence, and the ring which had been sent might,
for anything which had been shown, have been the
ring of the plaintiff's former wife. It wasla disgraceful
case, and the jury should mark their indignation by
awarding the plaintiff a farthing damages.
The Learned JUDGE left it to the jury to say what
damages they thought sufficient.
Verdict for the plaintiff, damages one farthing.
His LORMHIF said that such actions should not be
brought, and that he should, if requested, certify to
,:eprive the plaintiff of costs.

dROWN .COURT.—(Before Mr. Baron RoLFE.)
George Richardson and Thomas :Orange were in-
dieted for shooting at John Smith, with intent to
murder.
Mr. Matthews and Mr. Otter conducted the prose-
cution ; Mr. Overend defended the prisoners.
It appeared that on the night of the 24th of D-
cember, John Smith, who is gamekeeper to 03win
Cresswell, Esq., of Harehope, in this county, heard
guns in the Burnmouth plantation at East Lilburn,
and having obtained the assistance of two watchers
George Dixon and William Thane, they all pro-
ceeded to the Pond plantation, and then into a turnip