The Sun.
London, England, 1828-07-30 00:00:00

SUMMER ASSIZES.

GUILDFORD, JULY 29.
The Judges entered this town yesterday, and after
opening the commission adjourned the Court till this
••• 'I4Y. •. There are 47 prisoners for trial, but very few
••of them stand. charged with crimes of any great
'enormity. On the Civil Side there are 43 causes
entered, of which five have been made Special Jury
euses. One case is likely to. excite very great in-
terest. It is a proceeding by Mr. Dunn, of Drury-
hotelheatre, against Mr. Davidge, of the Coburg
Theatre, to recover certain penalties, alleged to
have been' ificarred by Mr: Davidge by a violation
of the rights of the patent theatres, in having per-
formed PidyS,-lie only being licensed to perform
musical entertainments.
HIGHWAY ROBBERY,
lf'illianz Mini, a slim youth, only seventeen years
Old, stood charges! with having feloniously assaulted
Jones,Hugh on the King's highway, at St. Paul's,
beptford,, and put him_ in bodily fear, and forcibly
taken (nn his person a. gold chain, three gold seals,
and'a ring, his property.
Mr. Anot.Puus called several witnesses to the
• , prisoner's character, but none of them answered. '
Verdict7-Guilty.
On the prosecutor applying to recommend him to
• 'mercy, on the ground of his youth, and the respecta-
bility of his connexions,
Mr. Baron GARROW, said that in all probability his
life would be spared.
• , Throughout the day no case of interest was dis-
posed of on the Civil Side.

•
STAFFORD, JULY 29.
BREACH OF PROMISE OF" MARRIAGE.
• ISABELLA LEAKE V. cluh,this.

This was an action brought by the plaintiff, a most
respectable and accomplished young-lady, the step-
. daughter of a Captain in the Roval Marines, to re-
cover froM aii opulent gentleman ..farmer, residing at
Whittington-hall,.near Whittington, in this'county, a
compensation in damages for the non-fulfilment of u
proMise to make her his wife.
Mr. Jeavls.—Gentlemen of the Jury, I have the
honour to appear here this day as counsel for an
amiable and accomplished-young lady, one of six sur-
viving children of Mr. Leake, now no more, Who
was an eminent • iron-master in Devoti. He died
many years ago,- leaving his respected widow, with,
seven children, one of whom has since died. Some
years after his death his widow Married a gentlemitn
of the name of Simms, who bore the honourable
rank of a Captain in the ,Marines, and the widow,
performing a sacred duty in fulfilment of the wishes
.her,deceased husband had expressed, settled 4001.
- upon each of his chihiren previous to her second mar-
riage. Captain Simms (who had received honour-
able wounds in the service of his country, on the
ever-memorable occasion of the mutiny at the Nore,
where by his means the life of .SirJohn•Colpoys
was saved) lived at a village called Kinfare, in this
county, with his wife and three daughters, of whom
one alone is married. The plaintiff is youngest but
one of the three : and the lady who comes before
you, gentlemen, has great personal charms, and it is
net fit that I should conceal from you she is now
about 30 years of age. The defendant, Mr. Griffiths,
is an opulent and scientific. farmer, occupying two
large farms under Lord Stamford. One 'of them is
at the village of Whittington, and it is called Whit-
tington-hall, near where the plaintiff resided, and
there the subject matter of the present action arose.
Captain Simms, at whose house the
_pluintiff lived,
resided at a place called Stone Cottage, by the
door of which the defendant had continually passed
in his road to his residence. Having stated the age
of Miss Leake, gentlemen, I will now give yolemy
understanding of the age of the defendant. He is
to all appearance about 50, though I understand it
. is to be alleged that lie is older. He is a widower,
and he has one only son, about nineteen years
•of age. The defendant having frequently seen
Miss Leake, as was easy to be supposed, in
• passing by the door, solicited to be allowed
the honour of paying her matrimonial addresses.
The courtship commenced in 1825. In September
Of the same year the lady alluded to, who would be
called as a witness, returned home, and then under-
stood from the lips of the defendant, that the mar-
riage with her sister was to take place in that month.
He fixed the time by word of mouth, and he more
solemnly identified it by writing a letter which was
read in Court. Gentlemen, the day was fixed and
the hour appointed, but the defendant did not come
to the meeting he had assigned, and consequently
the family felt, as they ought to do, a just indigna-
tion. After this the defendant felt, I suppose, some
compunction at his conduct, and with a propriety
which I do not condemn, he wrote the following
letter to the mother :
W. Griffiths most respectfully takes the liberty to ask
lira. Simms if there will be any objection to his calling at
Kingfare, and speaking with Miss Isabella.
Whittingham Hall, Feb, 13, 1828.
After this, gentleman, the acquaintance was
allowed to be resumed, or rather, I should say, Mr.
Griffiths was permitted to revisit the plaintiff, and
the morning of marriage was re-assigned. This is
what we lawyers should call a new assignment.--
The defendant actually went as fat as inspecting the
silk sashes which were to grace the intended, or
rather unintended bride on the morning of the mar-
riage. He fixed the day anew, and the night be-
fore, when taking his supper at Captain Simms's
house at 10 o'clock, he stated that he sometimes saw
s4lspicious persons in the road he usually took home,
and therefore he would like to leave his watch with
her for fear of being robbed. It was a handsome
watch, and no deubea valuable one ; but his subse-
quent conduct shows, gentlemen, a subterfuge, tin-
der which he intended to inflict an insult. I think,
gentlemen, you will be perfectly of Mykopinion when
You come to see the insolent epistle which here
follows :
Abandon me as the very worst of men. Pray accept
any watch and keep it ; but detest its mace owner. lam
uotv truly miserable.
March 22. W. G.
- Gentlemen, it is of course unnecessary for me to
inform you that this watch was returned; it was
sent back with the disdain it deserved, and the int-
, Pertinence was repudiated with • Ilromptitude. The
Most melancholy part of the tale, I regret to state,
remains to be told. The effect of so gross an in-
stilt on an informed mind, you could conjecture; de-
spair it might produce, but it was not so. I lament
to say, however, that it has left truces which per-
haps may never be effaced. Miss Leake, I lament
to say, has lost her love, but I hope not lost her
loveliness. She is still, however, in ill health.
Though the watch was returned, that could not ease
her feelings. About damages I shall say nothing.
Pecuniary recompense is neither sought, nor can it
atone. A woman who was happy, and who ever
'ears the best reputation, has been insulted in the
grossest manner. It is for that indignity she seeks
the best redress when she appeals to the feelings
arid the honour of her own countrymen, who, I be-
lieve, are all Englishmen in the true sense of the
word.
Miss Martha Leake, examined by Mr. RICHAIMS.
....I am the daughter-in-law of Captain Simms, and
fiY'sister" who is plaintiff is also his daughter-in-law.
lThe defendant lives at Whittington-hall. That is a
arge extensive mansion. The witness here described
Ne course of pretended courtship, and went on as
lowo :--When my sister received the last note she
4'4s Very much affected, and I formed an answer to
a Part4in extent. She could not leave home for a
week. On the 13th of February the note was-re-
ceived, requesting to speak with her sister. De-
, feadant opened the door as usual, and came in. I
was writing. I would not notice him, I was silent.
After tea my motherasked me what was the matter.
I said I was very much hurt that he should be re-
ceived again, and then asked him if he came to make
fools of the family a second time. He said he was
Sorry for what had passed, and he came with a full
Nvish to marry my sister. I felt disgusted with him,
end I left the room. I saw him on the Sunday fol-
butt a°vving at Captain Simms's. My sister had felt
tmy conduct, and in consequence I made up