The Sun.
London, England, 1845-08-25 00:00:00

ASSIZE INTELLIGENCE.

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NORTHERN ClRCUlT.—Liverpool, Aug. 22,
(Before Mr. Justice Castsswitm..)

BREACH OF PROMISE OF MARRIAGE.—PASS V. POTTS.
This action was brought to recover damages for a breach of
promise of marriage. The defendant pleaded, first, that he did
not promise ; second, that reasonable time for the marriage
had not elapsed before the commencement of the action; third,
that the plaintiff did not ask the defendant to marry; fourth,
that the defendant, at the time of making the promise, was not
twenty-one years of age; fifth, that the plaintiff procured the
defendant to make the promise by means of fraud, covin, and
misrepresentations of the plaintiff and others who counselled
the plaintiff ; and sixth, that at the time the defendant made
the promise he was so.exeessively drunk that he was altogether
disabled from making any good and valid contract or promise.
The Attorney-General (Mr. Wortley) and Mr. Webster
were counsel for the plaintiff; and Mr. Watson and Mr. Hog-
gins for the defendant.
The ATTORNEY-GENERAL said, that although the terms of
the last plea were such as to excite some merriment, the matter
would turn out to be far more serious, and that the defendant
would be taught that it was not matter.of ioke. This
was an action for breach of promise of marriage. The
plaintiff was a young woman, of the age of twenty, who came
forward to complain of the wanton and unprincipled aban-
donment of a promise calculated at all times to injure the
feelings of any woman, and to injure, if not her character, at
least her prospects in life. He was happy to state that in this
case the character of the plaintiff was above suspicion. The
parties were both in a respectable station of life. The plaintiff,
Mite Pass, was the daughter of a respectable person, formerly
in trade as a butcher, at Sheffield, but now the owner of some
collieries and land at Pit's-moer, near that town. The plaintiff
was the eldest daughter and was twenty years of age. The
defendant was also a young person who had attained his ma-
jority in the month of March in this year. He was the son of
a late lieutenant in the army. He was in the possession of
some property in the East Riding of York, on the sea coast.
In the year, 1843, Mr. Pass and his daughter were at Hornsea,
where they lodged 'at the. house of a tenant of the defendant.
At that time the plaintiff was in her nineteenth year, and a
young person of considerable attractions. The plaintiff and
defendant walked out together. At the earnest solicitation
of Mrs. Pass, the plaintiff was allowed to remain a fortnight
longer, and the defendant went with;ber to Hull, when she
left for home. ln the summer of 1844, the defendant went
to Sheffield, and visited some ladies of the name of Oakes,
and whilst there he met with the plaintiff's brother, and he
expressed a wish to renew his acquaintance with the plaintiff.
He afterwards went to the house of the plaintiff's father, where
he paid considerable attention to the plaintiff, and eventually
promised to marry her when he was twenty-one. He attained
his majority on the 9th of March, and appointed the 3d April
for the wedding-day. The dresses were ordered. The de-
fendant wanted to be married in a week. Walked out with
her amongst her friends and introduced himself as her future
husband, and he asked her uncle to go with the party to church
and give the bride away. He then said he would go to see
his guardian, and left under the promise to return in a week.
He never came back or wrote any explanation of his conduct,
but after an absence of some weeks he went to the house of
Mrs. Granger, at Sherborne, near York, and when asked to
explain his conduct, he either did not or could not do so, but
merely said he was much attached to Miss Pass. Mrs. Pass
asked him what was the reason for treating her daughter in
such a way. He wished to see Miss Pass, but she then refined
to see him, and he had the effrontery to tell Mrs. Pass that he
positively denied making any promise at all.
The mother of the plaintiff and other witnesses were called,
who proved the courtship, the promises of the defendant, and
the preparations for the wedding.
Mr. WATSON addressed the Jury for the defence. He con-
tended that, although the Attorney-General had opened the
case as one of great gravity, it was quite clear that no such gra-
vity belonged to it. He ridienled the idea of there having been
any promise made, and appealed to the jury whether, even if
there had been a promise at all, it was well that it had not been
effected, far it would have been a hasty, ill-conditioned match,
made by a mere lad, raw from school. He blamed the father
of the plaintiff for not having consulted the defendant's guar-
dian upon the subject, and he thought that very slight damages
a ould be sufficient to meet the justice of the case.
His LORDSHIP, in summing up, went through the pleas, re-
marking that the defendant had better not have charged the
plaintiff with having extorted the promise by fraud or covin.
And then came that most singular plea of drunkenness—a plea
which, if true, was not calculated to exalt the character of the
defendant, and the feelings of a lady who wishes to marry a
confirmed drunkard could not be very refined. But it hap-
pened,that the defendant had not made out his plea. It would
be for the jury to decide what damage ought to be awarded.
No doubt both plaintiff and defendant were very young; but
there was no proof that the defendant was a fool said did not
know what he was about.
Verdict for the plaintiff—Damages 2001.
(Before Mr. Baron RoLne.)
CHARGE or MURDER.-George Hill, aged 26, master
mariner, was charged with the wilful murder of Ben Jonson, on
the high seas, within the jurisdiction of England, on the 2d o f
May last, by striking, kicking, and throwing him down upon
the deck of a certain vessel, and also by beating him with a rope
and a paddle. The prisoner pleaded not guilty.
Mr. Brandt and Mr. Paget appeared for the prosecution,
and Messrs. Wilkins and James for the prisoner.
William Angus, the first witness, said-1 was cooper and
seaman on beard the brig Challenge, on a voyage to the coast
of Africa from Liverpool I joined her on the coast, and came
home in her. The prisoner was the captain. On Wednesday,
the 11th of February, we shipried a seaman, named Ben
Jonson, a kroo-man. He wa- about twenty-eight or thirty
years of age. On the niAt of the lit of May, I was in the
captain's watch from twelve to four o'clock. There were also
in the watch Henry Holmes, the second mate, Wm. Lyons,
an apprentice, and the deceased. About half-past two o'clock
the deceased was sitting on the combings of the companion,
just at the top of the companion ladder. He appeared to be
arleep. I was sitting alongside of tba grating, on the star-
board side, where the man at the wheel stands. I saw
the deceased fall down stairs. Cannot say what height they
are. I heard him strike twice is falling. Then the captain
called out from the cabin, " What is that noise?" The second
mate then went down stairs, and he called to me to come and
pull Ben Jonson up out of that. I did not go, for when I got to
the companion, I found Jonson about half way up the ladder,
coning up by himself. I laid hold of him by the collar of the
jacket, and asked him why he had fallen down there. He
rested himself, with his arm upon the top of the companion,
anl said I have been too much sleepy.
By the jury—He got up himself.
By Mr. PAGET—Though I got bold of his collar, I did not
give him any assistance, When he rested on the companion
he stood upon the deck. I told him to go and lie down along-
side of the grating on the larboard side;
_he did so. William
Lyon was at the wheel at the time. The second mate came
on the deck immediately after, followed by the prisoner. I
was standing on the larboard side at the time. The captain
said, where is that fellow now ? I showed him, and the
prisoner then went and got a rope which is kept on board for
the purpose of flogging with. He then gave Ben a slap with
the rope. The deceased wheeled himself right round and
tried to get forward. The captain caught him by the
back of the jacket and pulled him down on the deck,
and commenced beating him with the rope and
kicking him with his feet at the same time. This
continued for. the space of ten minutes or a quarter of an hour.
I could see what was going on. The moon was not out, but it
was not very dark, and there was a light in the binnacle. See-
ing the punishment going on, I went, away to the starboard side
of the quarter-deck, for I could not stand alongside any longer.
Heard the prisoner say, " D—n that rope, it is too light to
make him rise," and he reached his hand over the grating and
got a canoe paddle, with which he commenced beating the de-