The Sun.
London, England, 1817-08-04 00:00:00

SMALL V. PARSONS.

Mr. Serjeant PELL, as Counsel fOr the Plaintiff.
in opening this-case to the Jury, stated that it
was_ one of the most serious description, and he
hoped many years would elapse before another of
this description, would be brought forward in the
county of Devon. -It was an action brought
against the defendant by the plaintiff for the se-
duction of his daughter ; and the - declaration
-stated, that the defendant did, in the year 1816,
make an assault upon Elizabeth Small, and that
he then seduced her, and thereby deprived the
.plaintiff of her services.. He should not in .Iris
address to the Jury attempt. to inflame their pas-
sions against the defendanti but it would be his
duty to state to then) -the zireumstances of the
ease, and to put before them as a witness, the
young woman who had suffered by the infamous
artifices' of the defendant. The plaintiff was a
married man, who had five children ; he was a
farmer, and a man of respectability, and he (the
Learned Counsel) was informed by the instruc-
dons which lay before him, that he was a highly
respectable person.
Mr.-Baron GRAHAM, in summing np the case to
the Jury, observed that in all transactions there
were different shades of guilt and innocence ; and,
the 3 limy were bound to look at the circumstances
of the case,- and to draw therefrom the best con-
clusion they could, upon impartial mature consi-
deration. The-girl had told her story-In a plain
and simple manner. It had been stated that it
was the ordinary effect resulting from a casual in-
tercourse. He hoped the morals of the country
were not in ruck a state of degeneration. Ifthey
were, the laws must guard against them ; and -if
men chose to travel into such a course of immo-
rality, it would be only right that they should pay
forit.The.Jury found a verdict for the plain-
tiff—Damages lON. •

LEICESTERSHIRE ASSIZES, Auo. 1.

BREACH OF PROMISE OF MARRIAGE.

COOP,ER v. EVE RTON..

Mr. CLARKE opened this case to the following
effect :—Gentlenien.of the Jury, I have had some
experience in cases of, this nature; I. have beta('
many more stated in Courts of Justice ; but never
did 1 hear of a case so aggravatedas the present.
The plaintiff's father is a most respectable gvntle-
man in ‘Valcor, in this comity : he has
children, four sons and four daughters : his sons
are most respectably settled in life : one of them
is married to a sister of 'the defendant ; three of
the daughters are Married in highly respectable
families ; the fourth is the unfottunate plaintiff in
this case. The defendant is a young man in the
same rank in life ; his father has left him a fortune.
of 20,000/. ; he has been -at the University, and
lives in the style of a gentleman. He openly paid
his addresses to the plaintiff; it was the talk not
Only of the family, hut of the neighbourhood,
that they were to be married. In .the confi-
dence and affection of such a situation, be
'meanly destroyed her happiness and comfort in
.life. In an unl,Tuartled moment she surrendered to
him all that could render her respected, honoured,
and happy in life. When he was called upon to
perform his promise, he insulted her by brutally
saying, he had unshod his horses anti turned them
'to grass : then be had a sprained leg ; at last, be
could not at present, but' he would afterwards
marry her but after the child had been born,
and she was made the hapless victim of her own
unguarded confidence and his infamous baseness,
he tells her that she would get all that the•law
allowed her, , two guineas for -lier lying-in, and
2s. 6d. a week for the maintenance of the child
for seven years : he added, that to procure this,
she must go before a magistrate, and swear the
child his. He really trusted that the reluctance
of the-plaintiffto appear in a court of justice would
protect him. Conduct like this shocked by the
very mention of it. Duly conceive this to be the
case of a daughter or sister of your own. I know
that my friend near me will make a powerful and
eloquent -address to you for the defendant : but
you form your verdict according to the evidence,
and not according to any, speeches of his or mine ;
I shall therefore lay the evidence before you, and
confidently' eave the case in your hands,
Elizabeth Weston, servant to Mr.'Cooper.—l
saw Mr..Everton very often at my master's house.
He always called for Mary, and then they' were
alone together in the parlour. 1 considered biro
her sweetheart.

Seri VAUGHAN (in cross-examination)..—
Soyou always put them together into a room ?
No, Sir, he sat in the parlour, and she came 'in as
soon as she was ready.
Mr. CLARKFC.—TO, be sure that is, always tbi-
way in such cases ; at least, I think it Was so in
my younger days, though 1 have almost forgot-
ten it.

REDER.----Ayc,, in the:reign of George I.
Mary Salisbury, also a servant, saw the de-
fendant often in the house, and heard him aslc for
Miss Cooper. She considt red hint her lover, be-
cause he looked tender at her.
Mr..READER.-Tindet
Serjeant COPLEY.—No, no, she says tender.
Henry Cooper, brother of 'the plaiutiff, ivas
convinced all along, While the.defentlant visited
his sister, that he was tin terms of Matriage with
her. He heard hint call Mrs. CooPir " Mo-
ther." His sister kept house for him, and then
the defendant visited her regularly once in the
week, sometimes oftener, He believedhis 'sister

n `)
to be 28 81te was . .e toong tur tie;
felidalit 26.

. •
' Cooper; hrofher to the plaiegiff, and
inother-in-law to the deienadot, ;Ave ev.idetive
to the same cffect. He reef:kW 2,0001. with
and believed the plit:,titiit to be word::
20

John COopt4, another brother, draper in Lei-
cester, went to the defendant on the 13th of June,
1816, with aletter from his "rhe.clefend;:nt.
said, " the way they treat me ? "Let Mar'st
herself write mei .sad no other pels'on. 'I offered
to marry her in January, February,' .in March.,
and in April, and she refused nie." The witness
said, she now at Langton (her brother's hiise),
and expects you according to your promise o'3
marry her. " No," said the defendant, " I have
taken the shoes off my horses, and turned them
to grass:"—" I will give you my hr,r•e."---."
cannot ride, for I have sprained my leg." His sis-
ter, who waS present, said, '' You ought to marry
her ; we'll get a chaise and go both together.",--
" No, I'll not go -to-day."--" Will you to-.
morrow ?"—" tell that to-morrow."—" Wilt
you next day."—" I'll tell on that day." -He then
left his home, and witness could never see him again
till .lanuarY• The plaintiff was brought to bed in
August, 1316. He then said, that he 'had given
up all thoughts of marriage now, ,and that he
would give her 2 guineas for her in-tying,
.anal
2s. 6d. per week, for 7 years, which would al:.
together amount to 701. Ha bad promised to
settle 1001. a-year; but things were now changed*
Witness said, that be spoke of 2000/. " Well: i 1
not that 1001. :it year ?" Hy had proposed that
the pl-►intif should go to London, and he should
meet here there and marry her. Ile now said
nothing, but that he would pay 701. only she must
swear befoie a Magistrate. The plaintiff has no
farm, and keeps two bunters.

Andrew Tealhy had gone along with the plain-
tiff to Littterworth, to see the defvtdant, in No-
vember last, when the following dialogue took
place between the plaititiffnnd defendant t It
is long since you have been to see me; I have
come to see you, in order to know whether yo 4
are to marry me according to • your engagement:"
" I have now given up all thoughts of marriage.
1 did buy wedding clothes, but I have.rnow begmt
to wear them; I offered to rant ry you iN January.
February,- March, and April, and you refused
" Mr:Evett on, is it likely that .I•could have re-
fused you, when 1 knew the. situation I was itt ?"

Sergeant VAUGHAN.—Gentletnen of the Jury, I
feel great pain and Much anxiety in addressing
• you on
~this subject. Subjects of this kind are
always painful.: the present is peculiarly so. It
is distressing to say any thing against a female in
such circumstances ; but duty -to my client obliges
me.to say that the case, as stated by Mr. Clarke,
and as represented by the evidence, is very highly
.coloured.- In the first place,lecollect the dispa-
r:ty of age; she is. '2B; but not 32 ;. take the me-
dium 30. He is 24 or 25. Now this, then, is
not the case of a- person advanced in years, tst't
practised in the ways of the world, seduc-
ing H ,young, simple, and inexperienced" child..
There are other. circumstances,. too, that must
take the sting out c. 4. my client's • case, awl
place it iu the plaititift's. ion have .hear(l
nothing of personal beauty: Gentlemen, yOu know
the inference. Had she any .pretcnsior: to beauty.
Mr. Clarke .would hare opened her tip as tt,e
greatest paragon that ever dazzled the gentlemen
of Leicestershire : but not tine 'word have • volt
beard
.upon that point. My client is silly, foolish,
and I will say, wrong : but if lie is -rich, would not
this- family have thought the match a lucky one,
paid hitn every attention, and given him every en
couragewent such cirennkstunces, will ;yoia,
give as great a price tot ally hotiiely piece of goods
as for the finest commodity ? I:will,not say thiq
he has been more sinned against than sinning t but
!et the sin- be (many divided. Beware !tow yon
encourage such entH.uents to simple young men.
by your veldict, It -has been alleged that:
client was.at.the Univerity. Wuere is the proof ?
suppose he took, a scamper through Oxford with
those !motels lie kept. He might have offe:-e,l tic
marry in January, when .it‘•was possible to con-
ceal the disgrace of Miss. Cooper, -and have atter.
wards refused, when that was not possible.. Sirs
too might have refuse.! in January, when she was
,attached to another man, and this suppositi.ot
may account .for his wishing her to swear this
child to he his. At any rate; there Was a- call fur -
.only mitigatcal damages. -
Tlie:indge summed up with great -clearness anti-
impart iality. Verdict for the plaintiff—Damages
One. Thousand Poun 's.

HUNTINGDON.
STEALING A LETTF.E, CONTAINING 201.

This was an indictment against the widow
of John Scarborough., a respectable innkeeper at
Bugden, on the North Road. The prisoner, a
respectable looking woman, about 40 years ot'Age,,
stood at the bar, accompanied by her dangitter,
an interesting and beautiful young wm»an, ah(iut
19. '[fire indictment charged the prisoner with ie..
stettlif,g.a letter, containing a remittance
of a 201. Bank of England note from Richard Pres-
ton, Esq. of Lincoln's Inn, Barrister at Law,
M. P. which was addressed to his'son, W. S. Pres-
ton, Eig. a pupil of the Rev. Dr. Maltby, at Bug-
den. In the first count, the mote-was Charged to
be the property of R. Preston, -Esq. sen. awl
ill the second count as.the property of W. S. Pres--
ton, Esq. jun.—The Jury retired till a late bour-
ne Judge haring gone home to his lodg.ings,
receive their verdict; Alter severAl
hour's d
found the prisoner-Gui!ty
—Deal it.
e7wdeliberation,they

BIRTH.
On the 2,1 inst. of twin the 1.:14 of J. D:lieitth,
E,41. of Southampton-row.

DIED.

• On Saturday. List, in Ihe Sot h year
.Llf. his are, 1!),L.14
l'axtoo, Esti. of Buckingham-street, .L..1(1 Wat-
ford-place, to the.cottury- of H ert s. •
011 Thimsilay last, at his house in Upper - Brook-street,
Ilecijamio Fiall,.of Hensol Castle, F.sq.. M. P. for the Coouty.
of Ciknootgart.

Oit Sun;lay, the 2Qtll .ult. in - his 84th year, Mr. Robert
Che'sham-court, Surrcy;.. . . •
(fin Thursday, ::'alter KeAnedy Craufuird, D. :a:,: ;t.
physician to the Ilristut Dispensary.--
--Lt• -

LONDON: Printieti by J.,13. CARSTAIRS, or No. 29, (-4eat
orw..,,td•street, (,).[1,1:-nrsgaare; and publi.shed by W. -A.
SCRIPPS, of No. 7, Sotith Mtriton-street, :tt Tut: Sun
Office, No. I Sin-mil; where Adviltisenierds, Or•letz,
Letteri, (post-paid) must be .attiircssed.