The Sun.
London, England, 1844-07-30 00:00:00

her so far back as the 29th June. He went on to say in
the letter that he had no prospect now of altering his
father's opposition. He could force an income from the
property that was vested in him by his mother, but not
to enable them to live in the style he could wish. Under
these circumstances, he had been revolving many schemes
in his mind, but he had now positively resolved to cross
the Atlantic ocean, and become a cultivator of the
soil. He hoped she would not consider him cruel
in asking her to accompany him. He knew the
sacrifice she would have to make in leaving fond
parents, loving brothers and sisters, and admiring
friends, in order to share his fortune, which did not pro-
mise very brightly ; but he was determined to go, as he
saw no prospect of any change in his circumstances, and
he trusted he did not ask too much in asking her to go
with him. This letter the Learned Counsel charac-
terised as a trick. He presented all the dark colours
of an emigrant's life, none of the bright ones, evi-
dently to induce her to refuse her consent. In reply to
this letter, Miss Croall wrote that she was much dis-
tressed by his letter. That to go to America was out
of the question ; that she could not make up her mind
to leave her native country ; and that she was sure her
father and mother would not give their consent. She
entreated him not to make up his mind rashly, and re-
minded him of some of their acquaintances, who had
emigrated to their ruin. In his reply to this letter, the
Learned Counsel said, 'the defender artfully turned the
poor girl's own fears against herself ; he admitted all
she had said of the dangers of emigration ' • and it was
too true that many of his acquintances had suffered
from emigration ; but nevertheless he was determined
to, go ; and therefore the only question was, whether
she would or would not go along with him. He could
not—he dared not—anticipate that she would ; but he
left the matter in her (awn hands, and advised her to
consult her father and mother. The pursuer, on re-
ceiving this letter, did consult her father, and he wrote
to the defender. Penetrating his disguise, he took no
notice of his resolution to go to America, but put the
question simply, did he or did he not mean to fulfil his
promise of marrying his daughter ? The defender,
finding that his artifice was discovered, talked
no more of going to America. He wrote in answer, af-
ter referring to the two last letters he had written Miss
Croall, that as matters stood with him, it would be per-
fect madness to think of marrying his daughter, with
any prospect of happiness either to her or to him. This
closed the correspondence, and with it, he might close
his statement. He confidently asked from the hands of
the jury such a verdict as would give such reparation as
the law allowed to the injured feelings of this young lady.
Witnesses were then called, who proved that the fa-
ther possessed landed property to the extent of about
500/. per annum, 4001. of which was entailed on the de-
fender in right of his mother at his father's death, but
burdened with the sum of 2,000/. to his sisters.
Mrs. Buchanan, of the Clydesdale Arms, Lanark,
stated that she was iequainted with both parties, and
had seen them together frequently. Knew that Miss
Croall had been on several occasions visiting at Wood.
side for ten !lays or a fortnight at a time ; and on one
occasion, at least, when old Mr. Hutchison was at home.
About the spring of last year, she had a conversation
with Mr. Hutchison about his intended marriage with
Miss Croall. She advised him to let his father know of
his intentions, and he appeared disposed to d 8 so. In
June last year witness paid a visit to Mr. Croall's family
in Edinburgh, and found Mr. Hutchison there also on a
visit. She then detailed the circumstances of the pur-
chase of a gold watch, and its presentation to Miss
Croall, as given in Mr. Inglis'speech. Witness stayed a
week in Edinburgh, and when she went away she left
Mr. Hutchison still staying there. She did not see more
of them till after the marriage was broken off. After
that she saw Mr. Hutchison in Lanark, and asked him
his reason for breaking of the match. He said it was
owing to his father and sisters objections, and that he
had not a sufficient income of his own. He had expected
that Mr. Croall would make some allowance till he came
into possession of his property, but that he had not done
so. Witness asked if he had mentioned the matter to
Mr. Croall, and she understood from him he had not ;
for she remembered saying to him, she was sure if Mr.
Croall thought he needed it, he would at once come for-
ward.
The correspotidence between the parties was then put
into Court.
The LORD ADVOCATE then addressed the jury on the
part of the defender.
The JUDGE summed up, and the jury, after consulting
for an hour and a half, returned a verdict for the plaintiff
—Damages 350/.

SMITE' V. GENTLE.--DEFA.MATION FROM THE PULPIT.
This case, which was an action of damages at the in-
stance of James Smith, tenant of the farm of Wester
Alves, parish of Alves, and county of Elgin, against the
Rev. Alexander Gentle, minister of the church and
parish of Alves, and was tried before a jury on the 24th
July last year, came on for trial on Wednesday, before
Lord Ivory and a jury—the verdict of the former jury
having been set aside as contrary to evidence. The fol-
lowing was the issue in the cause :
ft being admitted that the pursuer was, during the
year 1841, and that he had been for several years prior
to that time, tenant of the farm of Wester Alves, in the
parish of Alves, and county of Elgin, and a member of
the congregation, and a communicant of the Established
Church in said parish, of which the defender is now,
and has been for fourteen years, minister—

Whether, on Sunday, the 14th of March 1841, or
about that time, and during divine service in the parish
church of Alves, the defender did, while preaching to or
addressing the congregation then and there assembled,
and in their hearing, falsely and calumniously say, of or
concerning the pursuer, that he had been guilty of cheat-
ing, deceiving, and over-reaching others in the course
of business ; that he had kept up false and ficti•
tious appearances, and had, on false or fictitious
credit, engaged in speculations and improve-
ments, and indulged in sumptuous living ; that in the
course of his speculations and improvements, he had
cheated or deceived his more ignorant neighbours, by
inducing them to sign documents to their prejudice or
ruin, and had thereby converted the house of mirth and
joy into a house of wailing and mourning, so that if its
walls could speak, they even would testify against the
vile intruder—meaning
thereby that the pursuer had
been guilty of obtaining money under false pretences,
had kept up false appearances, and had cheated and
deceived his neighbours and others, with whom he had
transactions, to their injury or ruin ; or did use or utter
expressions, in allusion and with application to the pur-
suer, to the above or the like effect, to his loss, injury,
and damage.—Damages laid at 1,0001.
Mr. WniGua.st opened the case for the pursuer, and
called nine witnesses.
Mr. RUTHERFURD addressed the jury for Mr. Gentle,
the defender, and also called nine witnesses. The evi-
dence was in some respects of a conflicting character.
Lord Ivony, having summed up, the jury retired, and
after an absence of a quarter of an hour, returned with a
verdict for the pursuer—Damages 100/.
The case, which excited much interest, lasted for
twelve hours.