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

menfrieniatron, during the
plaintiff. had bleuclire^4 et to- traice'lisel''Ch'-a,n.d
had foui.l some provision 4, not in the
infant school do:mitoty, but in the plaintiff's cup-
board. :The matron was sati-fled that Ur) things
werether). properly, and reporti tier satisitctiou
to the guardians. She did, not intend .to remove
the things, but they were removed with :ut h r
orders.

Mr. Knowles, at the conclusion of the plaintiff's
case, ad tressed the jury for the defendant, and in
doing so referred to a *Withdrawal of the charge
-which had 13;en" inserted sn" tie Observer on the
29th March, and which was in these terms.

" THE LATE CHARGE AGAINST THE SUPERINTEN-
DENT OF THE NURSERY OF MARYLERONE WORK-
HOUSE.—We have received a long letter, signed
' The Superintendent of the Nursery of Marylebcno
Workhouse, relating to the charge made against
her. and which appeared, in the Observer of the let
inst.., to the effect that she was implicate 1 in the
plunder of the pauper children, &c. From in-
quiries which we have made wee °inkier it only an
act of common justice to the character of the
superintendent'of the Marylebone nursery, -L.) state
that there appears to be no foundation for the
charge against her. The lett, rin question contains
attacks of a most serious and extraordinary cha-
racter against
utlniebr investigation,oardognar it ls u
dan s,,oanlda
bas the
subject is st 11 under
un-
fair at present to publish its contente."
The learned counsel submitted that, after that
withdrawal of the charge, this action ought not to
have been brought.
The Chief Justice—But if the defendant; were
prepared to justify the libel, it was the
_plaintiff's
bounden duty to bring the action.
Mr. Knowles—The justification could not to
pleaded until the action was brought.
The Chief Justice—lt does not lie in your mouth
to say that the plaintiff was not called on to vindi-
cate her character, for you hove j pleaded a u,tifi-
cation.

Mr. Knowles suggested that justice might per-
'haps now be done to the plaintiff.
The Chief
aJustice—lf the charge cannot b 3 sus-
tained it is most cruel one to make against the
plaintiff, for the charge is clearly this, that in con-
sequence of her withholding food from these poor
helpless infants they died. If you can mike out
that she is guilty it is not only the duty of the de-
fendant as a public journalist to vindicate his cha-
racter, but also to show the guilt of her's.
The consequence of these observations of his
lordship was that a consultation took place between
the counsel, which resulted in an arrangement.-
Mr. Knowles thereupon said—l withdrAw the
plea of justification, and consent to a verdict for
251.

Mr. Russell—The plaintiff was only anxious to
justify her character in the sight of her friends and
of the world.

The Chief Justice—l think that the termination
of the cage is honourable to both parties, and I have
no doubt that the defendant acted only from a de-
sire to discharge his duty as a public journalist
fearlessly and honestly ; but it is quite clear that
he has brou2ht a charge against this woman which
is utterly without foundation ; and I think that in
accepting the damages offered she has ahowa very
great moderation.
Verdict for the plaintiff—damages, 254

COURT OF EXCHEQUER.

THATCHER V. D'AGUILAR. -BREACH OF PROMISE OF

MARRIAGE.

Mr. Prentice appeared for the plaintiff; and Mr.
M. 'Chambers-and Mr. Lush for the defeudant.

The action was brought to recover damages for a
breach of promise of marriage, by the lady who
figured recently in an application• for an affiliation
order before the Brighton magistrates.
Mr. Prentice, who was left without a leader,
both opened the pleadings and stated the case.
The learned counsel admitted there would b 3 great
difficulty in making out the promise, because the
plaintiff had given up the defendant's letters, but
he called on them rather to infer a prowls from
the conduct of Colonel D'Aguilar, in coming fre-
quently to Mrs. Thatcher's house and nialci,,g her
presents of a portrait, a lock of hair, a ring, ani
other articles.

The first witness, Mrs. Thatcher's daughter, an
interesting little girl of 14, proved that on one
occasion her mamma had said in the Colonel's pre-
sence that he was to be their papa. In cross-exami-
nation she spoke of several gentlemen coming to
see her mother, and sometimes stopping all night,
and of the Colonel having that morning been pointed
out to her, because she had forgotten him. On the
suggestion of the Chief Baron a juror was with-
drawn, and the case prematurely ended.

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