The Sun.
London, England, 1810-08-02 00:00:00

~_ .:

REPORT.

COURT OF KING'S A. t.

EItEAC2I OF -i4itomrir of

ELIZA RIsHOP'V. CHARLES RUBINSON, ESA:.
This --vai an action' brought to recover damages
for'a -breach of promise of marriage.
Mr. ATT,ORNEY-GRNERAL stated, this, was an
aztion of-'a most singtillr nature; it was brought
under the most aggrav:,teil circumstances, from the
unmanly condntt of the: defendant. It was im-
possible to conceive' Tore" ineatinesi"or' cruelty than
that exercised by him towards the plaintiff. She
was the daughter of a merch-mt, her family were
tnost respectable; .one. of her brothers wai a barris-
ter, and another an :officer inl.the army ; she re-
sided with. her inoth:r at Gray's Wood, in the
county of Surrey, about 40 miles from town. The
defendant is a gentleman of fortune, his father hav-
ing bequeathed:ilia) 70,0001. ; he is also a consi-
der,!ble merchant. fie mentioned this particularly,
for he was convinced,• when the Jury heard the
Plaintiff's case, they would by their verdia declare
that she was entitled: to' a' large proportion of the
defendant's wealth. 'The charaEler of the plaintiff
Was completely unsullied; if this was disputed, he
requested that it shouid• be done by.evidence, and
not by calumny ; their ages. 'were proportionable..
Th-e defendant was forty-three, and plaintiff thirty-
tw it; they had been many years acquainted, but
early in the year 1809, he beearce more attentive to
her, and in the middle of Atigust.Gf.that year, having
bt.en on a. visit to her mother's in the -country, be
made a proposal of marriage to her, which she did
not accept until the latter end of 'that month. On
the 2Rtir lie came to London, hating appointed that
the union should take place in the January follow-
ihg. This contraa being formed, he entered into
a correspondence with her,,wrote her word that he
had acquainted his mother of their intended union,
and that it met with her entire approbation. It
wa4 'nide knowit to all• the plaintiff's friends,- and
she received their congratulations. She could not
havt• suspected that, the union would not take place.
Oti the 30th august, he W!Ote the following letter
to the

" D &Alt lizr sty -..You are uppermost in my thoughts.
It was not until yesterday 'I had an Opportunity of speaking
tt. my mother ant sisLrs about our intended union it met
Van her ent.ro approbation she has the highest opinion of
; she (les,ies MC to tell4oll o. C.ive my love to your
mother and sister, and believe me to be, with sincerity, your
lover, CHARLES ROBINSON."
" Austin. friars."

This letter was anSwered by the plaintiffs. On
tha Ftth of Septernber she received another letter.
from him, ass.lring her of his love and esteem, and
pleAding hnsiness as :he cruse of his not having'
been to vi it her. Her - approbation w.is all he
Wished tor;' he had entered into-a solemn contract.
with her in the Country, but:it could not be com-
pleted until January, as he wished to windup every
thing,in his trade before the marriage took place;
he.kad made'an. independent fortune, and'intended
•to.rete from b..siness. He continued this kind' of
corress,oAence at the time lie -had' conceived the
stra,lyeni to draw something tram her as a refusal
to marry him. He wickedly wrote; her a most inde-
licate letter, and wilfuily misrepresented himself ; it
, wai letler that no man who knew what coin.:
mon' -,deceney- -was wotild *rite' to a lady. If
he had the misfortune fo lay wider a
in-
firmity hidy was not `.the person to 'disclose it
to ; she had briathei's, to wham it might have
been commulicatbd. He insinuates that he has
some I.angin; -disorder, that makes him :unfit,
to enter into 1113 'marriage state , he caluMniates
:he unmans himself, to draw something
from her-that would appear as -if declined the
union. He thinks lie has gained his point, and he
gets iris Manhood again. If he can 'prove he was in
a state that. made hi.n 'incapable of 'fulfilling ;he
duties of a married life, and that the plaintitf was. a
more proper person to conunanicate it to than her
brother, he- (Mr. Attornev-:Geaeraly would give ,up
t:ie 1-1 wing so tor prefaced this most inde-
epistle, he would read it : •

" London, September at.
" DtAR EL/ ZA -.lt IS not now iiusiness alone th.,t pre-
vents me fruit) visiting you, but something of a inorc potent
nature has taken place to de,troy the happiness I so fondly
.eicw:tted On 'our marriage. Nothing but the confidence I
have in you could make' the disclose tt ; but, on considera.
I think it the most honoitrablt mode, end so have de-
terannel, and that dire.ct. Many years ago I came to a de.
termination to enter into the marriage state, as soon as I
could meet a lady that I thought would be. a tit planner to
me. ,Ffoin that time I have taken the most cautious care of
my health. It appears now that it would have been much
better for fie to litvc 'deviated tom the stritt 'rules of in°.
tality. On the score of my health, I thoughts it unnecessary
to apply to a physician. but tot form sake ;, at first it did not
ca.:cur to the to be necessary, under any circumstances. I
applied to a physician of tile first eminence and respectabt-
neVer was I More astonished and enraged, when he told
lire I. was unfit to be inarried."—

Mr ATTOWNEY-GENERAL said, 'he mist make an
obserkation on tnis.part of his-letter. The question,
wis whether it way or Was not a falsehood ? whether
he did •or did .nit consult a physician? It he.
did, let dints put. his 'medical unit in the box, and t
will make him ctiniradia the statement in the let-
ter. He would make you believe that it did not
proceed train ill health, but. from having lived a
chaste lite ; that he was a man •in vigour, and a
maid in chastity. The defendant's friends laugh
at this. 'Let ahem expose him, and hold him. U 1) to
the world as an aboorzence! He liked to see this
tonduti in the friends of se h -a defendant, for it
sheaved a want of all decency an.i motality.—Mmk,
Gentleman of the jury; how the plan developer it-
.se,f.-1-le goes mot° state in'his kttsn--

" As sti?picimi might grow lip in your mirid, I thought it
right to make tins nisi:lost-ire. lc...owing you to be a woman
• sensc, ).01 applaud, nsiead ut_Lontleinning, my can-
d ; I might nave deceived you, but I sin auove it. I
h to ger t.ver ir ; but unceruini) wili.keep you in 3 most
dl3aKree3Ole doctors snake light of, in.-the
fri..,t instance, otten ends in tile most dangerous consvloences.
I never Can visa yg:tl whsle in tins doubt. No one but my
n. ether .is 'actinaiirea with it. "I will not let lily thing
said an.int ;our own goad self go unanswered. - Let us both
say the marriage IS broken oft, and it you appear satisfied,
your will be so too, without an explanation.
(Signed) "-CHARLES ROBINSON."

He would prove, from t he detendp t's own mouth,
that tins letter was Wrote %hit the intention of get-
ting the plaintiff's refusal to the mArriage. He hat
nut a copy of her answer tn thai disgraceful letter

,he wrote 10 the m3n w ho ‘va, to become her
and who had her hill confidence. She

hid cotiinatited €o piper the sebstance of it, .as well
ass .she recolleßed ; i atiy thing was. ink-staled
ip it, the defendant could rebut it by producing
the original; and
.giving •it in: evidetice. It was,
in the 'subvance as follows The terms of
letter were incomprehetvdhle to her;, she was

at a loss to know what• he meant, or What were
his intentions ;, it placed her in the most awkward
and distressing sittiathin. writing was known
to het family, and-the.y nin.trally inquired .‘ithi-'n he-
was coining down.. Shr. toacie the. usual excuse for
him of business, enttclitd of him to come down,
and give some explanation ; the. same time, if he
had 'chpfiged his setitimunts in favour of atiother
objeet, she would be no bit to his happinesc, how-
'ever httle she was able to bear against .such a dis-

1-appintinent.--She waited with anxiety for his an-
swer."---She received the following-,letter in reply
" London, ;Sept. 26.
" a Bg-r ist y —The inceslant rain has prevented me
from answering your distressing letter ; indeed, it -operated
I like a shock of elettricity, so•Lantrary was it to my ex ped.i-
'tion, for I only requested that my visits should be dispensed
j with-tor a time. I have now too .much reason to: tear you
have not confidence in me, and wittlOut.a reciprocal conti.
dence there cannot be happ ness•in the marriage state : my
sentiments-are unaltered, but yours are changed. If I were
I 'to go to Gray's Wood, will I be received as before ? I am
afraid not ',• your letter sutnin ms me-as a culprit to take my
trial. What I stated beforz as to my bodily health no 'longer

exist', so it will not be neecsary tot you to mention it. .
1 (Signed) "C. ROBINSON."'
• The Learned Counsel said; if the Jury were to
take away the whole/nt his tOrtune,it would not in-
; Ilia so so/ere a wound on the charaßer "of
.the'de-.
)e fondant as trying this et-inst., if he had any feeling;
.. ..

but lie believed he was without those feelings which

were the greatest ornaments to the hummt race. She
answered his letter, and from the distressed state of
her mind, she altered and re-altered it, by which
means she had kept a ccpy.

6' DEER FRIEND— The manner you have interpreted, my
letter, and your conclusions, hive been most distressing, and
quite contrary to my intention. I am confident an interview
would convince you of this. For the last three we,-kS I felt
convinced ,that we should have spent the remainder of our
dayS happily together. If you are determined it shall not be
so so tar I 'agree with you that the marriage, state cannot
be a happy one withoUt a reciprocal atiCelion. .. . •
•• Your sincere friend, " E. 131 S E-I )I . "
1 So far was she from wishing to break off themar-
riage, that her friends remained ignorant of every
Circumstance. • He'received one more most correi..
Iliatory letter from the plaintiff, expressing her con-
,. viction that hippiness was in their power, and they
ought not to turn their backs from it ; which' was
answered by the defendant, that all future -meet-
ings must be injurious to them both ; and that he
would adopt . her expression, ""t hat it was better
that the affair should be terminated." She tried to
j bring the defendant back to a sense of honor. At
1 last she became convinced it was impossible ; she
.: perceived he was what the sequel has proved him to
. be. At the close of the year she applied .io hint
(Mr. Attorney-General) for advice ; tie recora-
mended her to offer herself by letter ; and the de-
fendant refused to, acceptof ber, which refusal wai
the .ground for the present aaion. In estimating
damages, the Jury would take into their consdera-
Lion the situation he. had promised to place the
plaintiff in. He (the 'defendant) never could plaCe
her in the situation he found her in, although•lie
defied the breath of calumny to state any impro-
priety in her condu6t. .Had he any complaint to
make against the lady ? he understood he had an
alleged one—that he wrote her a kind of an affec-
t tionate letter, explaining his incapabilities, and that
i *she answered it with insolence and impertinence ;
',. and that she broke off the marriage. How could
1 he support this? His first letter was grounded upon
stratagem and hypocrisy; fOr the excuse made use of
did not exist. This had 'been the conduct of the
defendant. Was there any thin, in hers that would
leave a speck behind it ? The Jury knew the value
: of engagements in the mercantile world ; then shall
this man, who entered into a most solemn engage-
: Ment, be, 'allowed to break'it in the moil indelicate

way, without being liable to a severe forfeiture ?
He would nOt offend Them by asking would they I.nt
give this lady a greater recompence than they would
tor a breach at an ordinary- engageinent. The re-.
spettablity of her family, her education, her moral
lite, and ail' those qualities she 'so eminently
.pos-
sessed, demanded ir. In cases where they found .a
fellow-citizen injured, they by their verdict fepaiti
his losses ; and he was confident •they would not
-deny it to the daughter tit a citizen. , Under ,these
con.iderations, he left his dirties case-in his Lord-
ship's and their hands. He then proceeded to call
his witnesses.

Mr. Ekes deposed, he was well acquainted with
the defendant ; he was co-executor .with hint to
his father's will; they went to school together; the
defendant' was about 43 eArs of age; he was a
man of property; he succcedcd his hater in bu-
siness. •

The breach of prornse was admitted by Mr.
Parke, Cotinsel for the 'defendant as were the let-
ters all Owed to be his hand-writing : they ‘vere read
by Mr. Lo ten.
This closed the plaintiff's case.
_ _

. .
PARKE achlreised the Jury, and
.Said he
would begin by telling them, they must giVe a ver
diet for the-plaintiff; he assured them, he did not
know of the existence of one of .the letters that had
been read, until he came into-Court ; the defendant
had no copies of their, although they were pre-
served with scrupulous care by the plaintiff: -Hit.
agreed with his Learned Fmicnd, that it was' a most
singular case'; but -unless they gave him credit for
every assertion in his opening speech, whit h they
well knew they dared 'not, there was nothing lhat
called for excessive damages : there was no evidence
before them that would entitle the plaintiff to it :
there was not• a tittle in evidence that spewed the
defendant had acted unmanly, however he might
have foolishly and indelicately. He wished•to know
what'injury the plaintiff had s.nstained ? If she had
consulted delicacy, she would.have had it settled by
etc or the Jury in a private room, 'instead of being
exposed in all the public newspapers. He confess-
ed, i( he had known of the existence of those let-
ters, he would have persuaded his client. • not to
have allowed the cause to come into Court; but as
,he was there, it became his (Mr. Parke's) duty to
speak in mitigation of damages.. day the account
given for the plaintiff, the defendant only courted
the plaintiff for three weeks and one day ; this was
the fiery head and front of his offending." He
would not say he had acted right---he wouid not en-

LONDON: Printed by I! !CHAR 13 HARRIS, of No. 4, Martlett.c.o.ut, Bow- strt-et ; and
At the
.SuN‘OFPI92, No. 112, Strand, where ildver:isemerus, Orders