The Sun.
London, England, 1818-04-06 00:00:00

THE ASSIZE.

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LANCASTER -ASSIZES, APR! L

1317EAell 0F PROMISE OF MARRIAGE.

ORFoRD V. COLE, Ft•Q

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This was an action for a breach of promise of
marriage, in which the unprecedented damages
were given of 7,000/. The parties Were Miss
•Niary Alice Orford, a very respectable yottn: lady,
plaintiff, and Thomas Butler Cole; Esquire, a
genthman of considerable landed properly, de-
fenikitt. The defendant, it appeared, after pay-
ing his addresses for some time to the plaintiff,
and making itrrangements with a view to their
intended marriage, suddenly withdrew bin“
self, without. any reason assigned, or that could
alleged. Mr. Topping. was counsel for the
plaintif, who, after an opening. speebh of consi-
derable length, in the course of which lie read
the letters written by the defendant to the plain-
tiff, called evidence to prove the defendant's
hand-writing, his promises of mailiage to the
plaintiff; and her big?. resirectability Of character.
Mr. 'SCARLETT' Made an ingenious speech for
the defendant, and took an objecti,,n that the
letters, not being stamped, 'Were not legal evi-
dence, but whiCh was over-ruled by the Judge,
.Mr. Justice BAYLSY, is ho summed up strongly in
fit.“)!kr of the plaintiff.
The :lury, as abnVe stated, returned a' verdict
fur the plaintiti—Dantages7oool. '
'•
This trial had blen the subject.of general con-
versation tht mightn't the county of Lancaster for
several months past, and persons of all
peared to he intereqed in the result. Crowds
_ecere collected at every avenue of the Court;and
the (10013 were scarcely thrown open, than the
.Court, spacious as it is, alol capable of contain-
.ing 2000 persons, was instantly filled. The La-
dies were conspicuous in_ all parts of the Cottri,
.having braved every danger to gain admittance.
The verdict, which bestoWed so considerable
addition of fortune on the fair suitor, was hailed
1% it universal satisfaction.

_ On the subsequent mornin;r, Mr. SCARLETT
MOM{ foi a rule to shew cause why a new trial
should not be granted. lie submitted his appli
cation on two grounds :—lst, That the letters.
containing the contract of marriage had not been
duly stamped, as he contended on
.tlie trial they
ought to have been.- And secondly, on the ground
of excessive daMages. It was upon the latter
ground,he principally relied.
'Alr.Justice BAYLEY Was of opinion, that the obr
jectioniof the Learned Counsel, as to the letter
containing the contract requiring a stamp, hod not
the least valittity, Upon the question of execs-
- siVe damages, he was likewise of opinion there
had not been sufficient grounds laid before the
court to disturb the.verdict. Taking all the cir-
cumstances of the case into his consideration, be
was not prepared to say, that if it had been put to
the option of the young lady to
,have received the
•dv feeotattt as her Itishaial in preference to the
seven thottsantl pounds which had been award-
ed her, s:,e would hot have chosen to have ac-
cepted hint rather than damages to that or
:any other amount. If, then, it was. likely
- that she had the election, she might have pre-
, feared becoming his wife, how could be state that
the Jury had estimated the damages at a higher
• rate zitan.titey ought to have done ?I:CV:ltat %vas the
injury for which the damages had been given ?---7
The injury consisted in the loss of a husband of
the ‘desetipsion and ample fottune;': of the defenL
dant. It.tirere had been any part- pf • the, lady's
conduct, front which it could reasonably have
been inferred that site was striving to marry the
estate instead of site man, that might have been
a ground for saying she was mot entitled
.to so
hr,ge a remuneratiou in the shape of damages, for
she would then have, been acting- from an tor.-
worthy motive, which aither the Court or the
Jury would have sanctioned. But looking about
the case in every point of view, he could see no-
thing upon which to cast blame on t :e lady's con,
duct. .Upon the whole, he thought he ought not
to list alt b a.: verdict dispassionately given, iri a
Case where, if he had been one of the Jury, be
inight himself hake been inclitied to haVe aWarded
even larger damages.—The rule for a new trial
was accordingly refused.

SURREY ASSIZES.—KINGSTON, SATURDAY; AntiL 4.

TRIAL OF JAMEOWEN FOR CUTTING AND MAIMING

JameB Owen,. aged 50,
.a stout, mild,- good-
looking man, was tried under Lord Ellenbo-
rough's A.ct, for stabbing and cut ing John Jones,
his brother-in-law, at St. George's, in South-
wark, on the 26th of September last. It was
distinctly proved by many witnesses, that the
prisoner had gone to Mr. Jones's house between
one and two o'clock,, pit his foot on the step at
the door, and cut and seriously wounded Jones
and several other persons with a.
,clasp knife as
they came to the door. He never spoke one
word while- he %vas acting so outrageously., He
had previously said he would murder the whole
family.,
The pt isoner, in his defence, said lie knew no-
thing of what he had done.
Several respectable witnesses gave it as their
decided opinion., that the. prisoner bad not been.
in his senses. He had a fever nine years before,
and since then they thought, him subject to me.-
latteholyand insanity. He used to walk, to shove
his arms backwards and forwards, and to speak
to himself like a madman. His, eyes had a wild-
neSs in then): He laughed, sang, and danced the
night ,he was committed to jail. The loss of his
wite.and of his property deranged his mind. He

frequently exclaimed "
,Lord, Lord !" He con►-
plaineti of pain in his stomach. lie had always
been rettikirk ably mild-tempered, humane, and
civil. It was proved that the prisoner had a
w,suit with John Jones, who Wil9 his brother-

. .
The Jnry, after some deliberation, found a
Verdict of—Guilty. Alter a pause, their Fore-
man recommended him to mercy, in considera-
tion of the "respectable testimony borne to his
character.

The Judge imaiediately pronounced sentence of
• death, and •ftsured the }prisoner that he could not
reasonably expect that the recommendation of
the Jury would have any effect. Whin the
Judge was proceeding to pronounce sentence,