The Sun.
London, England, 1828-05-22 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH, MAY 21.
:Sittings after Easter Tetm, at Westminster, before Lord
TENTERDEN and Common Juries.)

WEAVER V. FOY STER•

This was an action for breach of promise of marriage,
brought by Mrs. Elizabeth Weaver, widow, aged 64,
against Mr. John Foyster, aged 76.
Mr. GURNEY stated the case. The plaintiff resided
near Bermonilsey, and lost her first husband in 1824. The
defendant lived at Highgate, and was formerly a lir, en-
draper, but had retired on a competence. The plaintiff
was possessed of a small annuity, and the defendant made
proposals of marriage to her, which she accepted, and he
agreed to settle 701. en her, in the event of her surviving
him. Mr. Foyster urged the marriage, and appointed a
day for the celebration of the ceremony ; but his niece dis-
approved of the match, and he, in consequence broke it off,
which obliged the plaintiff to apply for compensation in
damages.
The first witntss called was the plaintiff's daughter.
Ann Weaver—l am the daughter of Mrs. Weaver by her
former husband, who died in the year 1824. I first saw
the defendant at my mother's house in last September. I
heard they were acquainted before that time. When he
first called, he asked me if I should have any objection to
lose my mother. I answered, I bad no control over my
mother, and whatever was most for her own advantage, I
should not object to. I said she would be deprived of her
property in case of a second marriage. He said it was no
matter; he had 2001. a year, which would be sufficient.—
He talked of making a settlement on my mother of about
601. or 70/. a year in the event of her surviving him. He
paid my mother several visits after, twice in that month,
and again in October. He lived at Highgate. The last
time he called he fixed the wedding for the first Tuesday
in the new year, and he intended to bring a nephew with
him. He said no doubt my mother would wish to have
me as bridesmaid, and said he should wish me to he so
too. These letters are in the defendant's handwriting,—
He did not come at the time appointed, and the match was
broken off.

Cross-examined by Sir JAMES SCARLETr—My mother
is about sixty-four years of age. I don't know that the
intended bridegroom is between seventy and eighty. Being
pressed, she said I have no doubt but he is between seventy
and eighty.—(A laugh.)—The defendant has a niece, and
Ido not know if she was against the marriage. If my
mother married again her annuity would come to me. I
was neuter for all that. The defendant said all his rela-
tions were against the marriage.—(Here Sir James Scar-
lctt handed the witness some letters. )—These letters were
written by me for my mother. The spelling is mine. My
mother received a letter from Mrs. Footman, persuading
my mother to put it eff. My mother told me that Mrs.
Footman said that the old gentleman was not always quite
right in his mind. Mrs. Footman's letter came before I
saw the old gentleman, or before any letters were received
from him. My mother told me if the union Was not to
promote the glory of God, she hoped it would not take
place. She wrote to the defendant, or I copied the letter
for my mother to him, to that effect, for she can neither
read nor write. The old gentleman did not declare off
before the 4th of December. Very likely he declined the
happy union in consequence of her letter to him about the
glory of God. He fixed the wedding-day from the first;
but my mother did not wish to fix it earlier. My mo-
ther, in her letter, called the defendant " my dear ;" and
in reply he said, she was beforehand with him in " my
'fearing."
I suppose your mother took to her bed, and has been
very had ever since ?—tio.—(Laughter.)
Well, then, I suppose she has taken to her attorney in
her affliction—(laughter)—was it not a great object with
your mother, in wishing for this union, " to increase the
❑umber of God's people ?"—I don't know that.—(Great
laughter.)
You say you don't know. 'Sow, didn't she tell you that
her prayer was to the Almighty to give her an opportunity
of perfecting God's work and glorifying his people ?—I
don't know.—(Great laughter.)
Do you know in what state of health the old gentleman
was when he visited your mother ?—I believe be was in
good health.
Several letters were here put in and read by the officer
of the Court. They were addressed by the defendant to
the plaintiff. The first was dated from Paradise-street,
near Rotherbithe, and was couched in very affectionate
terms, apologising for hia want of attention as he was en-
gaged collecting for the national schools, and expressing a
wish that he would soon know from her bow she stood
I affected towards that honoura'ule statc—matrimony, which
he, in his daily prayer, did nothing but think of. Then
he alluded to the great comfort he felt from being a member
of the Established Church, to which Mrs. Weaver be-
' longed, and said he felt the most unpleasant sensations
from the delay of their union—but consoled himself with
the reflection that God dwelt in a bush.—(The reading of
this letter 'excited great laughter.)
The next letter was couched in a eimilar extravagant
strain, which also excited much laughter.
The third letter was dated the 16th of September, and
went on to say, " I was at a delightful sermon to-day ; the
text was from the Acts. I derived much benefit from it,
but cannot recollect any thing about its substance, as I was
taken with a violent bowel complaint."—(lncreased laughter,
which lasted for some minutes.)
Lord TrNTERDEN here interfered, and put it to the
Counsel whether they ought to proceed with this case after
the reading of such letters. The plaintiff could not, surely,
expect large damages, for in his opinion one shilling damages
would be sufficient. _

The Counsel acquiesced, and the Jury returned a verdict
for the plaintiff—One Shilling damages.
Lord TENTEHDEN said he should not give costs to either
party. His Lordship then, turning to the Reporters, said
he hoped these letters would not be published.

ACTION OF ASSAULT.
MONTAGUE V. DTER.

This was au action of assault and false imprisonment.
Sir J. SCARLEIT stated the ease. The plaintiff is a
stonemason and the defendant a baker. The plaintiff
was in the employment of his brother's widow, Mrs. Mon-
tague, who carried on her husband's business, that of a
stonemason. OR the Bth of August, 1826, he (the
plaintiff) was taking a number of marble blocking. to
a turner's, and on his way thither called at a public-
house in Gray's Inn-lane, where he met the defendant
Dyer, who was also the brother-in-law of the widow Mon-
tague, having married her sister. Dyer seeing the marble
blocking', charged the plaintiff with having stolen them from
his sister's yard, and added, that Mrs. Montague had lost a
considerable quantity of the same description. A scuffle
then took place between the parties, in which it was alleged
that the defendant struck the first blow, and the transac-
tion ended by the plaintiff's being committed to the watch-
house on a charge of felony preferred against him by Dyer.
The charge not being substantiated, the plaintiff regained
his liberty next day.
Mr. GURNEY appeared for the defendant, and examined
several witnesses, who contradicted the evidence for the
plaintiff as to the commission of the first assault. The
imprisonment, however, was admitted.
Lord TENTERDEN having summed up, the jury retired
and after consulting for an hour and a half, found a verdict
for the plaintiff. Damages 201.
Mr. Justice BAILEY and Jnatices HOLROYD and LIT.-
TLEDALE sat in the Bail Court this day, and heard argu-
ments in cases relating to the settlement of parish paupers►
none of which presented any feature of public interest.

CONSISTORY COURT.
ASTLIM V. AsrLty.

This was a suit of divorce, by reason of adultery, at
the instance of Sir Jacob Astley, against his wife, Lady
Astley. It was opposed on the ground of a recriminatory
plea of adultery against the husband.
The bun's AnvocaTE (Dr. Jenner) was of Counsel
for Sir Jacob Astley, and stated that as the most unques-
tionable proof would be brought to prove adultery on the
part of Lady Astley, it would be fur the consideration of
the Court, to determine whether the contrary evidence was
sufficient to establish the fact of adultery which was alleged
against Sir Jacob. I.le contended that it was not, as it
was se contradictory, as to be utterly unworthy of any
reliance. Under these circumstances, he would submit
that Sir Jacob Astley was clearly entitled to the sentence of
the Court.
Doctor BURNABY appeared on the behalf of Lady
Astley. Ile maintained that if the evidence did not
amount to proof of actual adultery on the part of Sir
Jacob Astley, still it disclosed a course of such indecent
and improper conduct as would bar him from obtaining
the sentence of divorce now demanded against his wife.
The Counsel of the parties then proceeded to read the
evidence which had been adduced on both sides, and which
consisted of a series of affidavits by the witnesses who had
been examined at the trial of the case of Astley v. Garth,
in the Court of Common Pleas. Before, however,
tthheatfiaitts was,airlcr.ueamdsyta
these aZdavits were wholly read, the Court intimated,
and
nsuceffiscoiefnthtley
vocate accordingly addressed the Court in a speech of con-
canred,eandactreaKinitnedg's'Avidtt

•,. 11Itit %.

:.i

siderable length, on behalf of Sir Jacob. He contended
that there was no proof of adultery baying been committed
by Sir Jacob ; none of the 'witnesses, although they had
been sufficiently forwaid to give evidence against him, had
ventured to swear to any act of adultery, on the part of Sir
Jacob Astley. As to the thansactiou which had taken
place at the house of Mrs. Richardson, of Leicester, he
submitted that it was not of such a nature as to deprit; Sir
Jacob of the remedy to which be would otherwise have
been entitled. _ _

Dr. PHILLIMORE and Dr. ADDAMS followed on the
same side. _ _

Dr. BURNABY and Dr. DonsoN were heard for Lady
Astley. They maintained, that if the fact of adultery could
be made out against Sir Jacob Astley, or if the evidence
established a case of strong suspicicion or implication against
his purity, he could not succeed in the present suit. The be-
haviour of Sir Jacob OR the race-course and in the brothel,
kept by Mrs. Richardson, and the whole facts of the case
(which must be fresh in the recollection of the public) were
commented on very fully by Lady Astley's Counsel.
Dr. LUSHINGTON said, he would pronounce judgmeat
on
the first Session of next Term.

THIRD EDITION.
SUN OFFICE, Seven o'clock.

EPSOM RACES THIS DAY

BY EXPRESS-FYRTHER PARTICULARS.

It will perhaps be as well to state first, that there were
two or three unsophisticated mills after the races yesterday,
got up by two hordes of Egyptians. There was some
heavy chaffing, but the scene, being unembellished by
the copious note beaks of thole dignified and ring-
preserving animals, the reporters, lost its peculiar regu-
larity, and the deeds of the combatants, black or white,
must remain unrecorded and unseeing. At six o'clock
this morning the scene could not be equalled by any in
the world, (" excepting itself," as the Patlander said) the
cage at Epsom has always served on these occasions as the
receptacle of " the scum," who being destitute of yellow ore
pack themselves within its narrow limits, about as compatible
as " herrings in a barrel." No scene that ever Hogarth or
Cruikshank pourtrayed or saw could exceed, in variety of
character, this motley group, as they received notice to
quit at six o'clock this morning. They proceeded en masse
black, white, and worse than colourless—lame, blind, lazy,
and lascivious—luckless thimblemen and pennyless prigs,
to the nearest ditch, where the higher castes sluiced
their pallid visages in muddy water, drew their bunches of
rives through their rugged neopperies, and turned out
dressed for the day. At that time the unesgaged Chcva-

lierk d'lndustrie amused themselves on the Downs by
larking with each other, while the" men of business"
among them were not nice to a shade about letting daylight
through the canvass of the booths. The " une dear
cinx" booths being dignified by club-house titles, and
scarlet doors prepared themselves for the reception of " the
noble sportsmen," who flocked in due form. The betting
overnigh in Epsom was so so. Every one seemed upon
" the pump," and no one could give the office. The beds
as usual were comfortably charged fur (a guinea) and stalls
for horses at a rate which precluded complaint (only 10s.
besides food.) As PheeLus began to smile beauty and fashion
began to adorn the course; but 10, a pitiless shower mois-
tened the merry mugs, and threatened a sluicing day. In
the morning the following was the state of the odds :

DERBY.
3 to 4 agst Mr. Petre's Colonel
9 to 2 agst Duke of Rutland's Cadland
6 to 1 agst Lord Exeter's Zinganee
8 to 1 agst Mr. Ilouldsworth's Larobtonian
[2 to 1 agst Mr. Payne's Johanna Southcote colt
[6 to 1 agst Duke of Grafton's Omen
_ _ _

20 to 1 agbt Duke of Grafton's Lancastrian
25 to 1 apt any other.

OAKS.
7 to 2 agst Lord Jersey's Trampoline
4 to 1 agst Mr. Rogers's Zoe

6 to 1 agst Lerd G. H. Cavendish's Ridicule filly

S to 1 agst Sir John Shelley's Rosalie.
The Derby horses were stated in the list to be rode by
the jockies as given in our First Edition.
The rain at length held off, the company arrived slowly,
and the different castes commenced operations with due
regularity. Ever and anon, hetvever, a red-breasted trap
broke in upon "a good thing" at "prick in the garter," and
dispersed the workmen, and the cunning countryman,
just in time to save the latter's blunt. Before long, how-
ever, the rain again came down "by express," and it
seemed as if enjoyment was out of the question. A few
" fours" made their appearance, but still it was feared that
the muster would he thin. At length the sun burst
through the shower, and the clearing air promised
something like a fine day. We learned that Rough Robin
would not start, and that Southcote had got up to 12 to 1
before starting. Every thing being in preparation, the
horses started after a few freaks, and came in as follows :
In a most extraordinay, well-contested race, the Colonel
and Cadland, came in together, having Zinganee third,
about half-a-dozen more were at their haunches.
The course was then cleared, as we thought, for them to
run again, but the Durdain Stakes were called on, and a
paper which had been posted, " stating that the owners of
the Colonel and Cadland would consult whether they
would run again or divide," was taken down.
The Durdan's Stakes of 10 says. each, and 10 sovs. added.

One mile.
Mr. Sadler's ch. f. by Anticipation 1

A Notice was after this Race posted that The Colonel
and Cadland would run again, and which was decided as
follows :

Duke of Rutland's Cadland.... .....
Mr. Petre's The Colonel. 2
Won clevaley by a neck.

IMPERIAL PARLIAM ENT

HOUSE OF LORDS.

Sir ALas.Awnzit GRANT and others brought up a Bill
for dividing and allotting certain lands in the parish bf
Appleby. Also, the Surrey Gial Meters' Bill, with the
amendment.. Agreed to.

Lord 'lonia m and others brought up the Banbury Road

Lord 7..,IALMESI3URY moved that several persons,
Ivhom he named, should be summoned to attend, to be exa-
mined before the Lunatic Committee.

Lord HAREWOOD presented a petition from the land-
owners and farmers in Doncaster, and its neighbourhood,
praying for additional protection to coin grown in this
country.

Earl SHAFTESBURY moved the third reading of
the Thames Tunnel Bill, for enabling the parties to raise a
further suns of money.
Mr. Joke attended to present a return of the weekly
average prices of wheat, Winchester measure, as moved
for by Lord Malmesbury, from 1804 to 1827 inclusive.
-The LORD CT-lANCELLOR presented a petition from
Thomas Frederick Dillon, praying to be allowed further
time to make out his claim to the right of voting as Baron
of Kilkenny West, which, in the Noble Lord's judgment,
was not supported by any ground for the delay.
The Bishop of LICHFIELD present petitions from the
l‘linisters, Churchwardens, and Inhabitants, of a variety of

41k, 11/4
•

polishes in the county of Stafford, praying for the abolition
of Bull-baiting.
Sir A. GRANT and others brought up the Election
Trials Consolidation Bill, agreeing to the Amendments.
Lord DONOUGHMORE presented a petition from the
Catholics of Donoughmore, in favour of their Claims.
Lord CLIFDEN presented petitions from the Catholics
of two psrishes County Down, and one from a parish
county Kilkenny, praying to be relieved from the disa-
bilities under which they laboured.
Lord MELVILLE presented two petitions from Edin-
burgh and its neighbourhood in favour of the parochial
Settlement Bill of Scotland.

Lord ROSEBERRY should have occasion to present a
similar petition to-morrow, and that then he should give
notice of the day on which he should move the second
reading of this Bill, that day should suit the convenience
of his Noble Friend opposite.
Lord MELVILLE gave notice that to-morrow he should
move the second reading of the Bill for the Regulation of
the Justiciary Court of Scotland.
Earl SHAFTESBURY moved the second reading of
the Irish Stamps and Promissory Note Rill, of the Crown
Solicitors' Bill, of the Hornings Law Bill of Scotland, and
several others.
:The House then adjourned.