The Sun.
London, England, 1844-02-12 00:00:00

BAIL COURT, Feb. 9.

(Sittings at Nislicius, before Mr. Justice WILLIAMS
and a Common Jury.)

LEAVER V. WILLS.-BREACH OF PROMISE OF MARRIAGE,

The plaintiff in this case is the daughter of a lieu-
tenant in the navy, who is the superior officer of the
telegraph established at Esher, near Hampton Court.
The defendant is also a lieutenant in the navy, now
retired from active service upon half-pay, and residing
at Thames Ditton, within a mile and a half of the plain-
tiff's residence ; and the action was brought to recover
compensation in damages for the injury which the plain-
tiff had suffered in her feelings and prospects by reason
of the defendant having refused to perform his promise
to marry her.
Mr. Humfrey, with whom was Mr. Hance, appeared
upon the part of the plaintiff, whose case was stated by
the Learned Counsel in a very judicious and temperate
address. The whole facts of the case appear upon the
following evidence :
Mr. William Leaver, examined by Mr. Hance, said,
—I have been in the naval service for between
forty and fifty years, and am now a lieutenant.
I have eight children, of whom the plaintiff is one.
She is twenty-six years old. For about a twelvemonth
back I have been appointed to the telegraph at Esher.
I became acquainted with the defendant on Easter
Sunday, last year. His son and daughter came to see
the telegraph and were shown it, and the defendant,
who is also a lieutenant in the navy, called on me a week
after. When he came he seemed at first rather atten-
tive to my daughter, and an intimacy sprang up between
our families. In April of the last year he dined with
me, and after dinner, upon our walking into the garden,
he asked me to allow him to pay his addresses to my
eldest daughter. I said I had no objection, provided he
could show how he was to support a wife. He said he
had his half-pay and a house, and ample means to sup-
port a wife, exclusive of that in funded property. He
said that he wished the marriage to take place the first
or seeond week in August. He was from that time
considered by me as the suitor of my daughter. He
came to the house two or three times a week for about
seven months ; took his meals, and occasionally slept
there.—The defendant has two children—a daughter, 23,
and a son about 19 or 20 years old. They knew that
thebn
defendant
in
Warwickshireeeducated w
as my daughter. She has
governess,oand acted as such for two
yeaer
ft
oo rr
e
f I
came to the telegraph.
eedut a s
a t
Cross-examined by Mr. THESIGER—I am the superior
officer of the telegraph. There is no other officer but
myself, and I amofficer over one man. I don't know the
defendant's age. He is not so old as myself.
Mr. THESIGER—Has
sb u
he not sixty close under his lee?
Witness—You must take a reef in.
Mr. THESIGER—But there is danger of a lee shore at
sixty ? Witness—Then you must let a reef out.
Mr. THESIGER—But we must come to that at last.
Witness—But then we carry sail as long as we can.
The pay of a lieutenant is ss. a-day-911. a-year. I
don't keep a servant. 3ly children did not assist in the
work of the house, but I hired a woman for the purpose.
The defendant is not phlegmatic He a very steady,
sober, honest man—rather lively. lie asked me to allow
him to pay his addresses to my daughter on the first oc-
casion when he called on me. I did not say that I could
not give my consent until I had ascertained the inclina-
tion of my daughter. Nor did I say that he could not
know whether he really had any affection for her or not,
as he had scarcely seen her. It did not occur to me to
consider that he was old enough to be her father, or that
he had children as old as she was. When he told me
he had a house, I did not ask him where it was, nor fur
how much it was let, or whether it was let at all. I did
not ask the amount of the property which he said he had
in the funds. He went from the garden into the house
not into the hot-house. He then "popped the ques-
tion."

Mr. THESIGE R-I suppose he went in and said—
" Make it eight bolls ?" Witness—You seem to know
what eight bells are.
Mr. MESMER —I do a little.

Mr. Justice WILLIAMS (to the jury)—As we are not
nautical people, this dialect is spocryhal to us.
Witness—The defendant used to sleep at my house,
although it was only a mile and a half from his own
house ; but there was a wood in the way, and a bull in
it ; and he was afraid of the wood and the bull. M 7
daughter slept at the house of the defendant. I don t
know exactly when, as I don't now keep a log. I don't
recollect that at the time when he put an end to the in-
timacy with my daughter he told her that his house was
shut up, and that he had no tenant for it. He lives at
Thames Ditton, in a double-fronted house. The rent of
it is 251. a year.
Mrs. Leaver, the wife of the preceding witness, was
then called and examined by Mr. HUMFREY—She stated
that when the defendant proposed for her daughter, he
represented his house as being worth 80/. a year, and
said that he was entitled for life to the interest upon
3001. The children of the defendant were aware that he
was to be married to the plaintiff, and behaved with
great kindness to the father and mother of the plaintiff
The defendant said he did not care how soon the mar-
riage took place, but for decorous motives wished to put
it off until after Midsummer. It was then arranged that
the parties should take a walk together, and converse
upon their prospects. He continued on the same footing
down to the very moment of breaking of. The plaintiff
prepared ber wedding-dress with the knowledge of the
defendant, who said he wished to be married in Thames
Ditton church. The plaintiff was working at part of her
wedding-dress on the morning of the sth of November,
when the letter breaking off the marriage was received.
The plaintiff and her mother, the witness, went to see
the defendant's house in Alsop-terrace, and a great deal
of conversation took place about fitting up and furnish-
ing the house, and especially the bed-chamber.
Cross-examined by Mr. THESIGER—The daughter
and son of the defendant sometimes came to my house
to fetch their father away. I did not at all abuse her.
On the very last day, the 4th of November, the daughter
came to fetch her father away. She came through the
wet fields for the
Purpose, and was very much out of
temper for some reason or other.
Miss Emma Leaver, a sister of the plaintiftowaccsnhedaieesnahiovnhsehreoyerf,
(laughterts
seterm nice-looking
werea
gplaintiff)e person,taonbd t
ahtstated
wet
ob trrhki
bridesmaids
ehusadpmteo
fasneihndetdshaaoennntdd
thertheh
saesd defendant's
e
ifveansdatontwberaerakaitngthe offeethreemmonayte.h Tprhe letter of
oduceda
very yhin
jde-
u..
rious effect upon the health of the plaintiff, who has
been unwell ever since.

Cross-examined—No particular time was fixed for the
wedding after August had passed by.
The mother of the plaintiff was again called, and
stated, that she was not aware that any time had been
fixed for the ceremony after the time originally agreed
upon had gone by. The family, however, expected
that the defendant would fix a time.

Several letters from the defendant to the plaintiff were
then put in and read. They were all of a very affec-
tionate character and, to use a phrase which was free
quently repeated by the Learned Counsel on both sides,
" breathed a spirit of ardent attachment." The letter
breaking off the match was dated on the sth of Novem-
ber, 1843, and was in the following words:—
" Dear Sarah,—After leaving your house on Monday
with my daughter, who was so much offended by the
rude remarks at her fetching me, I seriously reflected
there can be no happiness at present for either of U 9.
Circumstances have now occurred in my own affairs
which will prevent me from bringing home a wife for
some years, and I have now determined not to do so
until my children have left home, as they are both very
much opposed to it. I cannot express how much I
felt aggrieved at your brother's remark, that Leton
(a sister of the plaintiff) should be tied up to me, and
such remarks are very unbecoming in a youth of his
age, and very hurtful to my feelings. I cannot allow
another circumstance to pass unnoticed which came
to my knowledge. On Sunday I found some letters
from your brother William to my daughter, and
upon inquiring into particulars I was informe 1 that you
had been the bearer of those letters to and from, at
the same tithe knowing that your brother Awls engaged
to another ; and how could he win the affections of an
unsuspected [intended probably for unsuspecting] girl
with the intention of deceiving her ? I returned from
town on Thursday, when I received your note. I sin-
cerely hope you will see with me the propriety of this
proceeding, as I cannot marry for some years. I hasten
to communicate it to you, trusting you will have forti-
tude enough to hear what cannot be avoided. Allow me.
with every good wish for your future happiness, to sub-
scribe myself yours affectionately,

" JOHN WILLS."
Some passages in this letter which seem to require ex-
planation were not explained.
This was the plaintiff's case.
Mr. THESIQER (with whom was Mr. Petersdorff) ad-
dressed the jury for the defence in reduction of damages.
He dwelt upon the indiscreet precipitancy with which
the original offer was made and accepted, upon the in-
terPsted conduct of the plaintiff and her parents, and
upon the very great disparity of age between the parties,
which rendered it unlikely that the plaintiff could have
been very happy with a person who was so very much
older than herself.

The Learned Judge having left the case to the jur,
they found a verdict for the plaintiff.—Datnages,lsol.

FEBRUARY 10.
(Before Mr. Justice WILLIAMS and a Common Jury.)
WYSTILILMAN V. MADDOX.

This was an action brought by the plaintiff, who had been en-
gaged as a flute-player in the Princess's Theatre, against the lessee,
for an assault, alleged to have been committed on the 9th of No-
vember last.

Mr. Erle, Queen's Counsel, and Mr. Pearson appeared for the
plaintiff; and Mr. Platt, Queen's Counsel, for the defendant.
J. Loder, examined by Mr. Pearson, stated the circumstances of
the case. He said in substance that he was the manager of the
orchestral department of the theatre. The plaintiff' having been
dismissed he came to the defendant on the 9th of November to
claim money which he said was due to him for a broken flute and
extra servicesl; Mr. Maddox, in the presence of the witness, refused
to pay the amount ; words ensued, Mr. Maddox took a stick from
the defendant, and on his refusing to leave the room proceeded to
turn him out.

Cross-examined by Mr. Purr —The defendant had been guilty
of impertinence during his engagement. During the defendant's
absence at Paris, an order was obtained by the plaintiff from the
Court of Requests, which was reversed on Mr. Maddox's return.
Mr. Maddox only used that degree of violence which was neces.
sary to put the plaintiff out of the room. After the plaintiff was
ordered to leave the room, he kept on talking.
Charles Henry Fountain examined by Mr. Peaasott—Was
under.treasurer of the Princess's Theatre. Was present at the
interview between the plaintiff and the defendant on the 9th of
November, in Mr. Maddox's private room. His attentim was first
called to what was passing by observing the defendant take a stick
from the plaintiff. The defendant afterwards took hold of him
by the collar to turn him out of the room, having previously
ordered him to leave It, which the plaintiff refused to do. Mr.
Maddox did not shake the plaintiff. Did not hear Mr. Loder
remonstrate with Mr. Maddox,on his conduct. The latter put the
plaintiff's stick in the fire, and part of it was burnt.
Cross.examined by Mr. PLAIT—When Mr. Maddox rose to take
the stick the plaintiff had raised it on the other side of the table,
and was near enough to strike him. The plaintiff, on being re.
peatedly ordered to leave the room, said he would have his stick.
Mr. Maddox had first placed it in a corner of the room.
Mr. PLATT addressed the jury on behalf of the defendant, con-
tending that the action had been brought merely for the purpose of
getting damages, and that one farthing was what the plaintiff was
k e
entitled to receive under the circumstances of the case. He re.
m e
especially
plaintiffup o upon
tthe
1a s circumstanceshowing
thethat
objectth e stick'o f the a d
action.bee
valuedn
a rd
by
In the whole matter, the defendant had shown no desire whatever
to commit an assault.

The Learned JUDGE, in summing up said, the plaintiff was un-
doubtedly entitled to the verdict, as the laying on of hands consti.
tuted an assault. The simple queist ion was what should be the amount.
and that must of course be left to the jury. The Learned Counsel, in
opening the case, had mentioned amongst other things, that blows
were given, but there was no proof of violence of any kind. If a person
came to the private room ofanother, and was impertinent,or remained
there longer than was desired, and after being requested to leave
would not do so, the party so requesting him might use that degree
of violence which aas necessary to put him out. Although it did
not cover the roasting of the tail end of his stick, it was a justifica.
tion for turning him out of the room ; and if therefore the jury
thought the plaintiff was impertinent, or intruded himself upon the
defendant in his private room, after being desired to leave it, that
should be taken into account in considering the amount of damages.
The jury retired to deliberate, and after being shut up several
hours they were discharged by the Judge, there not being the least
prospect of coating to an agreement.

ADMIRALTY COURT, Feb. 9.
THE FAVOURITE.-SALVAGE.

This was a suit to recover remuneration for alleged
salvage services, under peculiar circumstances. The
vessel sued was wrecked on the coast of Cornwall in
the latter part of last year, and a gentleman named
Davy, at St. Burien (as we understood), undertook to
watch the wreck, and he continued this service from the
28th of October to the 10th of November, at the ex-
piration of which time he had succeeded in saving 250
tons of fine iron, part of the cargo. He incurred various
charges in the course of this service, and he commenced
proceedings in this Court to recover these and a com-
pensation for his own services in the form of a salvage
suit.

Dr. HAGGARD and Dr. Twiss were heard in support
of his claim, and
Dr. ELPHINSTONE for the owners, admitted that Mr.
Davy had rendered a valuable service, but contended
that it was not one which entitled him to maintain a suit
for salvage.
Dr. LUSIIINGTON considered that the services rendered
by Mr. Davy had been very. meritorious, and, although
the Court could not recognise him as a salvor, it could
regard him as an agent ; in which capacity he awarded
him 2501., to include all the expenses he had incurred,
except costs of suit.

CENTRAL CRI VIINAL COURT.

OLD COURT.

(Before Mr. Justice CRESWELL and Mr. Justice COLERIDGE.)
SEINTENCY 01,11 CAPT. Panic.--At the sitting of the Court this
morning Peter Petrie, R.N., aged 54, the captain of the barque
Lydia, a merchant vessel, was brought up for judgment, he haying
been, found guilty of cutting and wounding Josiah Lawton, a sea-
man, with intent to disable him.

Mr. Justice COLERIDGE, In passing sentence, said, that after a
full and careful investigation of the charge against the prisoner, he
had been found guilty. The jury, however, had accompanied their
verdict with a strong recommendation to mercy, which recommen-
dation the Court, in passing sentence, would of course take into its
consideration. The Court, however, could not forget the circum.
stances under which the assault of which the prisoner had been
found guilty was committed. When the Court took into its con-
sideration the facts of the case—considering that the prisoner was
the captain of a vessel, and that the crew had not the power of re-
sisting any cruelty, It was necessary to hold this case up as an ex.
ample. The sentence of the Court therefore was, that he be impri.
coned in the House of Correction for 18 calendar months, and that
during that time he be kept to hard labour.

POLICE INTELLIGENCE.
(SATURDAY.)
__ MANSION-HOD SE.

Win. Henry Albert, a German merchant of some re-
spectability in the City, who resided at No. 40, Wat-
ling-street, was placed at the bar before the Lord Mayor,
charged with having uttered a forged bill of exchange
for 1601., well knowing it to be so, and obtaining a large
amount of property under fraudulent pretences.
Mr. Wilkinson, solicitor, of Cheapside, conducted the
prosecution. _ _ _

Mr. John M'Crae, Manchester warehouseman, of Ave•-
Maria-lane, stated that on the 22d of last October, he
sold upwards of 601. worth of goods to the prisoner, and
in payment was tendered a bill for 1601., which the pri-
soner said was a genuine Germain one, and was made
payable at one of the first hOuses in Paris, viz., Bolte
and Co., and that it could be easily cashed at any Ger-
man house in London. Witness accepted it as payment,
and gave him a cheque on Messrs. Grote and Prescott
for the balance due to him, after deducting certain in-
terest. The bill was drawn for three months, and was
endorsed by the signature of Messrs. Bolte and Co.,
Paris, as also the prisoner's. It has been since ascer-
taMed that the former signature is a forgery, as no such
house is situated in Paris.

Mr. Julius Galghani, German merchant, of City
Chambers, deposed that he discounted the above bill,
and sent it to Hamburgh, from which place he had re-
ceived information that it was a forgery, as the name of
such a firm as Bolte and Co. is not known in Paris, but
at Bremen. He also stated that a short time ago a
number of acceptances, endorsed by that house, were
sent to England, and by some means or other, the
whole were lost. Several of them had since been forged
and put into circulation, and the one in question was
one of them.

Mr. Wilkinson was next examined, and said that,
when he called upon the prisoner at his office respecting
the bill, he remarked that he knew nothing about it,
and referred him to his solicitor, Mr. Johnson, in Cecil-
street, Strand. _ . _ _

The 'prisoner, who spoke English very imperfectly,
observed that he had received the bill, with several
others, from a person named Frederick, who stated
himself to be a clerk in the house of Bolte and Co., for
the purpose of getting them discounted.
The LORD MAYOR replier], that it was a very serious
case of fraud, and was of much importance to the mer-
cantile world at large, and for that reason he should re-
mand him till next Wednesday, so that the proper evi-
dence might be brought against him.—The prisoner was
then removed in custody.
Warrants having been placed in the hands of Forres-
ter, the officer, by the Lord Mayor, for the apprehension
of other parties connected with the late forgeries of wills
for the transfer of Bank stock, in the course of the
week, large placards were extensively circulated
throughout the metropolis, offering a reward of 200/.
for the apprehension of William Sanders, of Broad-
street, Bristol, fishmonger, and Lydia Senders, his wife

(otherwise Emma Slack). The bill, after stating that
they stand charged with felony, and that war-
rants have been granted by the Lord Mayor
for their apprehensioa, offers a reward of 200!.
for the apprehension of both, or 1001. for
either. The following is a description of the parties :
William Sanders is a person from 40 to 50 years of age,
five feet ten inches in height, rather fresh coloured and
large boned. Lydia Sanders, about 40, dark hair and eyes,
but has been known to wear light yinglets, fresh com-
plexi.n (believed to be from rouge), and subject to gout
in the feet and hands. The information forwarded to
tho police states that the male person formerly resided
in Poland-street, and after wards in Berwick-street,
Oxford-street, attending Billingsgate-market, as a fish
salesman, in the year 1834, and subsequently. He also
ocupied a stall at the Pantheon, in Oxford-street, selling
articles of fancy glass and wax figures, at which Lydia
Sanders attended. The same stall was subsequently
occupied by Georgiana. Richards (Mrs. Dorey). The
last time both persons were seen was on the '29th of
December last, up to which time he carried on the busi-
ness of a fishmonger, in Broad•street, Bristol. From
the indefatigable exertions of the officers conducting this
case, it is expected that both parties will be in custody
at the next examination of the parties already detained
on the charge of forgery.
GUILDHALL.

Mr. Swithin, the Secretary of the United Friends'
Benefit Society, held at the Blue Posts, Salisbury-square,
Fleet-street, was summoned to this court, at the instiga-
tion of James 'Rouse, to show cause why he refused him
a certain weekly amount out of its funds. Mr. Hunt,
the solicitor, attended on the part of the society.
The defendant stated that, in the month of November,
1839, he entered the above society, and, after being in
it about three years, he became very ill, and was seized
with a paralytic stroke, and then was allowed Its. a
week. After the lapse of several weeks, he was visited
by a medical man of the society, who certified that he
was in a fit state to resume his work, which he did ac-
cordingly, and also paid up his subscriptions. About a
month ago he was again afflicted, and on applying for
the usual sum allowed to sick members, he was refused it.

Mr. Hunt here inquired of the complainant his age,
who replied, fifty-two. He then observed that he ap-
prehended the case must fall to the ground, as the com-
plainant had deceived the society to a very great extent
as to his real age. One of its rules clearly provides that
no person shalllbecome a member if his age exceed forty-
two; now the complainant had imposed upon the society
by representing himself to be under that period of life,
whereas he was actually forty-seven. Under such cir-
cumstances he had forfeited all claim on the society.
Alderman CHALLIS, after consulting with the clerk,
was of the same opinion as Mr. Hunt, and was therefore
bound to dismiss the summons. It was a very hard case
indeed; still the rule must be enforced, and he trusted that
the present proceedings would act as a caution to the public.
UNION-HALL.

/Inn Smith, a woman advanced in years, was charged before Mr.
Corry:Guam with 'stealing a purse containing 21 sovereigns, and
three half.crowns, the property of Mr. Kilburne.
A Sergeant of the P division, stated that the prisoner was given
into custody last night, by Mr. Kilburne, who charged her wtih
robbing him of a purse containing the aboue sum. His account
was, that while he was conversing with the prisoner she contrived
to take the purse and money out of his pocket. The Sergeant ad-
ded, that the complainant expressed his determination to attend
this morning and follow up the charge against the prisoner, but he
was not present now.
Mr. Corrrxaxau made some strong remarks on the frequent
circumstance of prosecutors not attending to substantiate their
charges, after giving persons into custody. The present was an
instance of this sort, and, as the complainant failed in his atten-
dance, he should, therefore, discharge the prisoner.
Sarah Yatton and Caroline Malbone were also put to the bar,
charged with robbing a gentleman named Pearce of several shares
in public companies.
' '' • ' "

The prisoners were given Into custody this morning at eight
o'clock, in the Circus, by Mr. Pearce, but whets the case was called
on he was absent.

Mr. COTTINGRAM said, that as the robbery was committed so re
oently, he should keep the prisoners in custody a short time, but i
the complainant did not attend he should discharge them.

ESCAPE OF CONVICTS FROM THE

PENITENTIARY.

On Saturday morning, between one and two o'clock,
seven convicts made their escape, in a skilful manner,
from the Penitentiary, Millbank, viz., Peter Shields, a
native of Scotland, 18 years of age ; Edward Carden, a
Scotchman, 18 years of age, ; George M'Niel, Scotch-
man, of the same age ; Patrick Little, a native of Ire-
land, 18 years of age ; John Sullivan, also an Irishman,
of the same age ; Roger Peers, a native of Liverpool, 17
years of age ; and William Edwards, an Englishman,
18 years of age. The escape is stated to have been ef-
fected by the convicts gaining the roof of the Perftagon,
or corner tower, in which they were confined. and by
means of the clothes of their beds knotted together,
letting themselves down into the moat which sur-
rounds the Penitentiary, unseen and unheard by any
of the officers. The first intimation they received of
the escape was conveyed to them by a policeman of the
B division, who was on duty close to the spot, and
seeing several men crawling out of the moat, hastened
to the entrance of the Penitentiary to give an alarm.
Prompt measures were immediately adopted by the go-
wrnor to ascertain which of the prisoners were missing.
and on their identity being made certain, a description
of their names and persons was forwarded to the police
stations, and from thence distributed throughout each
division, while several of the wardens were instantly dis-
patched in pursuit of the runaway convicts. About
three o'clock four of the wardens ascertained, through
the police, that four men of suspicious appearance had
been seen proceeding across the fields between Fulham
and Hammersmith, in direction of the Great Western-
road. The wardens, having a fly with them, in-
stantly hastened in that direction, and on arriving
near the 41 milestone on that road, seeing police-con-
stable Jones 31 T on duty, they inquired of him if he
had seen any persons passing, answering the description
of the convicts, when he immediately told them he had
only a few minutes before seen four persons, whom he
took to be sweeps, go along the road, to whom he wished
" Good morning," and was answered by one of them.
The wardens, feeling confident that these were some of
the runaway convicts, with the assistance of Jones and
another policeman, continued the pursuit, and came up
with them at a lane leading into the village of Chiswick,
where, surrounding them, they succeeded in re-
capturing Little, Sullivan, Peers, and Edwards.
The convicts were immediately handcuffed and
chained together, placed in the fly, and re-conveyed
back to their old quarters. Every endeavour was made
during the day to trace the other three, and experienced
officers were sent to all the Scotch wharfs to search the
different vessels, but up to Saturday evening we were
unable to learn if they had been recaptured. Shields is
described as being about five feet four inches high, and
of dark complexion ; M'Neil five feet five inches high,
fair and fresh-coloured ; and Carden five feet four inches
high, dark hair and sallow complexion. All the convicts
were dressed in grey cloth jackets and trowsers, marked in
red with the letters" M. P." and wore blue striped shirts,
blue stockings, with blue woollen caps. On their
clothes were pewter buttons, with a stamped crown, and
the words " Millbank Prison."