The Sun.
London, England, 1827-03-21 00:00:00

GENERAL ORDER.

Horse-Guards, March 14, 1827.

It appears that the General Order of the 9th of August, 1826,
has not been properly understood throughout the Army, and
that much irregularity still exists, regarding the care of ammu-
nition in the possession of regiments, and the return of it into
store, as occasion may require. The Commander-in-Chief finds
it necessary, therefore, to give more explicit instructions, in ;`-rtii:r
to avert the evils likely to result from a want of attention to this
subject. . .

First. All regiments are to have, its the constant possession of
the men, ten rounds of service ammunition, which is to be under
the daily inspection of Officers of companies. •
Secondly. When any emergent circumstance shall arise to call
for a further supply, it will be afforded, •to the extent of fifty
rounds per man, so as to till the pouches which are calculated to
hold sixty cartridges.
Thirdly. This ammunition must be carried by the soldier ; and
should the emergency require the possession of a still further sup-
ply, such excess must be kept in the barrack store or magazine,
and on the march be carried in the usual manner with other re-
gimental stores, under the special charge of the Quarter-Master.
Fourthly. When the emergency shall cease, under which extra
ammunition shall be issued, the excess in possession of the men, as
well as that in charge of the Quarter-Master, shall be delivered
into an ordnance store, when a regiment shall come within the
immediate vicinity of any of the ordnance stations.
Fifthly. When ammunition in possession of the men shall be-
come loose, or broken, it shall be taken from them, and carried
tinder charge of the Quarter-Master until an opportunity shall
offer of delivering it into, or exchanging it at, an Ordnance Store.
Sixthly. Officers commanding Regiments are to require the ut-
most attention from Officers of Companies, to the constant inspec-
tion and care of the ammunition in possession of the men, and to
direct that no loose or broken ammunition shall ever be permitted
to remain in their pouches.
Seventhly. All practice ammunition is to be kept and car-
ried under charge of the Quarter-Master, who will preserve a
correct distinction in his returns between practice and service am-
munition.

Commanding Officers of Regiments are held strictly responsible
for the exact observance of all these Orders, so that no ammuni-
tion shall ever be left, under any circumstances, in barracks or
quarters. . .

By Command of his Grace the Commander-in-Chief,
HENRY TORRENS, Adjutant-General.

LENT ASSIZES.

MIDLAND ClRCUlT.—NorrxxcitAm, Mancu 19.
BREACH OF PROMISE OF MARRIAGE.

LEVERS V. FAULKES.
Mr. PENNINGTON opened the pleadings. This was an action
brought by the plaintiff against the defendant for refusing to fulfil
a promise to marry her, which promise, as the declaration al-
leged, he had before made.
Mr. CLARKE said that the Jury had ascertained from the
pleadings opened to them by his Learned Friend, that this was an
action by which the plaintiff sought to recover a compensation in
damages from the defendant for a very wanton injury—an injury
without remedy—inflicted on her by the unfeeling conduct of the
plaintiff. The defendant was a man who had not the license of
youth to excuse his criminality. He was, in fact, a veteran 8.2-
duccr, and his years had procured him an racy passport to an
intimacy with the plaintiff's friends, beyond that which would
have been conceded to the more youthful lover. Of that permis-
sion it would appear that this man had taken advantage, and
that, lured by his promise to marry her, she had actually surren-
dered to him her honour. it was in the year 1822 that the ac-
quaintance was formed between the plaintiff and defendant.
The defendant was then nearly fifty years of age. It was at the
house of Mr. Hall, whom he should call as a witness before
them, that the plaintiff and defendant had first formed iAn inti-
macy. It would be proved, and especially on one remarkable oc-
casion, that while there the declarations of the defendant. were so
distinct as to leave not the slightest doubt as to his intentions.
The bride's-maid was even named—the wedding was spoken of as
a certain event, and no doubt existed as to the speedy consumma-
tion of the plaintiff's happiness. It was unfortunate that Mr.
Hall at this period permitted the defendant to continue his visits—
to remain up with this lady after the rest of the family had re-
tired to rest—that the defendant took advantage of her unguarded
situation, and a child was the consequence of this incautiously-
permitted intimacy. Up to the latest moment, however, the da-
fendant had promised to right, as far as in him lay, this woman ;
and it was not until he had by a :ecent marriage rendered it ins-
possible to accomplish his vow, that this proceeding was instituted.
It appeared from tile evidence of Mr. Hall, that the defendant
had, in the year 1822, paid very particular attention to Miss
Levers; the defendant was a relative of his own, and therefore he
had no suspicions of any dishonourable intentions on his part. He
had taken advantage of the opportunities afforded to him of pay-
ing his addresses to Miss Levers, and effected her seduction.
There was no:ling remarkable in the testimol'y of Mrs. Hall,
exc
niece.epther declaration that the defendant, had lately married his
own
The CHIEF JUSTlCE—Married his own niece?--Yes, my
Lord, his own sister's daughter ! The lady further stated, that
after she and her husband retired to bed, the plaintiff and de-
fendant continued to remain in the same room for two or even
three hours.
Miss Kirk—Remembered to have been present at Horsing-
ham Feast ; she saw Jane Levers the plaintiff and the defendant
there ; the defendant paid her very marked attention ; she was a
good deal joked about it by the company present; I remember
when I was leaving, he first shook hands with me, and afterwards
he insisted on kissing me, saving, we should all soon be one family.
Cross-examined by the COMMON SERGEANT—The defendant
is a stout gentleman, upwards of fifty.
;lira. Harrison—l am the wife of a grocer, at Nottingham ;
I remember to have been present at Horsingham feast, at a visit
to Mr. Hall ; I remained there for two days ; I observed the de-
fendant very attentive to Jane Levers ; he seemed to expect that
all the company should recognise him as her intended husband ;
he said to Jane Levers ; "Jane, we must have a leaf out of Mrs.
Harrison's book ;" I had been at that time lately married ; he
asked Miss Nutt, if she would not become bride's-maid ; he was
joked about the marriage by the whole company.
The CHIEF JUSTICE—Pray Ma'am, was all this in jest or
earnest ?—I believed it in earnest.
The CHIEF JUSTICE.—Do they talk publicly before large corn.
panics, of these matters, in this county, when they are in earnest ?
—lt was a family party ; Miss Nutt accompanied the defendant
from the feast to Nottingham ; she rode with him in his gig ;
they had before been speaking of his marriage ; he had asked her
to be bride's-maid with Miss Kirk ; he complained of the age and
stupidity of the housekeeper he then had, and witness said to
him, you will soon have a young housekeeper ; he replied he
should, and that he thought Miss Levers would make a very
good wife.
Cross-examined by the COMMON SERJEA KT.-This was five
years ago ; .1 was then very young. What age are you now,
Miss Nutt?
The Curre Jusrice.—That's not a fair question.
The COMMON SERJEANT.-4 shall certainly not believe you
are twenty unless you swear to it.—(A laugh.)-110w do
collect all this so accurately ?—Because I wrote Jane Levers
account of our conversation.property. It
Evidence was then given as to the defendant's p
appeared that he possessed about 15,000/.
M r. CLARKE.—My to call witnesses in
Lord, I now propose yon raen-
support of the plaintiff's character.
is the plaintiff's case.
Mr. CLARKE —This, then,
The CoslaroN SERGEANT (Mr. Reader was on the same side)
action,The aCdurnliEssFibJlue.STlCE—l do not think such evidence is, in this
addressed the Jury on the part of the defendant. This was an

.vith the most perfect confidence, if they had ever heard of si‘ cue
ection for a breach of promise of marriage, and he asked the Jury'
91. the kind in which it was so difficult to discover any thing ap.
xoaching to a proraise to marry ? It would seem that at some:.east; amidst much rural mirth and beer drinking, this old gentle..
:Liao became a joke to the party, and he entered into the spirit of
'he pleasantry around him, and declared that when he married the
lairo.iff, some young lady of the party should be heide's-mai▪ d.—..
-.Vas teat the way in which people who meditated a marriage
onversed upon such a subject? But it seems that he had
hissed Miss Kirk, and talked of their future relationship•
~...
',Veil, there was nothing very criminal in all that. It was perfectly
natural to take advantage of -ny excuse 'that would give him
the . privilege of saluting such a very pretty-looking person as
that witness appeared td-day.-:-.(A laugh. )-:—These were really the
most excusable little peccadilloes in life,. and there was not a
single gentleman in the Jury-box who would hesitate about their
commission. Well, then, if there had been a promise, and he
humbly submitted to the Jury, that it rested upon very flimsy
evidence, the remaining question was, to what damages was the
plaintiff entitled for the loss she had endured by the defendant's
refusal to fulfil that promise? In all these cases, the character
of the woman was chiefly to be considered. If she had been early
in life lured by a promise of marriage to build her hopes on the
accomplishment of all that her engaged affection anticipated.—if
the had preserved a fame spotless through her injury—then,
indeed, no pun'es ment was too severe, no deeradatton too low,
far the wretch who thus deserted her in her affection, and in het
innocence. But what confidence could a man place in the ho-
nour of one who had sacrificed her reputation before marriage--
who had yielded her fame, an easy and worthless victory to him,
who could therefore form no reasonable expectation that ebe
would continue true to him?

The LORD CHIEF JUSTlCE—Gentlemen of the Jury, with re-
spect to the last topic which the Learned Common Sergeant has
just addressed to you, I am happy to tell you that your verdict can-
not have the effect which, with such anxiety, he seems to depre-
cate. By that infamous and incestuous marriage of which you
have had evidence to-day, the defendant has secured, quite inde-
pendent of your verdict—his own degradation. The Ecclesi-
astical Law has pronounce.: ,lion such a marriage, and therefore
you need be under no peculiar apprehension as to your verdict in-
flicting upon this defendant a deeper disgrace than that which his
own conduct has already secured to him. I admit, Gentlemen,
that this topic is in no way connected with the present case ; but
as the Learned Counsel for the defendant expressed some fear for
his client's fame, I thought it right to satisfy him and you that
your verdict could never have the effect which he conjectured.—
Gentlemen, if the question in this case was as to the propriety or
impropriety of the conduct of Mr. and Mrs. Hall, you could have
but little difficulty in denouncing the culpable negligence with
which they seem to have iegarded the reputation of this young
woman. Undoubtedly their conduct was only equalled in guilt—
far exceeded it was—by him who could take advantage of a privi-
iege incautiously conceded, to effect the ruin of her to whom he
was professing an honourable attachment. The real questions in
this case, however, are two—first, has there been a promise to
marry ? and, secondly, if there has been such a promise, to what
damages is the plaintiff entitled ? In contracts of this description,
you judge not as in other contracts, from no written document
—that is out of the question—but by the conduct of the parties.
In judging of that conduct—too, you will not fail to remember
their situation in life. It is quite true, that in refined life, that
havefamiliarity an d joking tsioponniuscohder,lie cdaat;,
cseuubject ldnoast
henidarisreioavgeer,which we edof.
But in Courts of Justice we come, as it were, into contact with
all parties, and we know that the same restraints, the same deli-
cacy of allusion, which distinguishes polished life, are not to be
found in that condition of it to which these people belong. With
this recollection, Gentlemen, you will, I think, feel convinced,
that if the very decent witnesses who were called before you to-
day spoke the truth, no rational mind can entertain a doubt, but
that this defendant promised to marry the plaintiff.
The Jury retired for nearly half an hour, and, on their return
into Court, the Foreman, in reply to the usual question from the
Clerk of Assize, said—We find for the plaintiff. Damages, Six-
teen Hundred Pounds.

This. was the last case tried in the County Court of the slightest
interest. In the Crown Court, an assault case, from which ranch
entertainment was expected, was made a remand. The Judges
proceeded to Derby, and opened the Commission there this evening.

OXFORD CIRCUIT.—STAFFORD, MARcn IP.
CROWN SIDE.

lVto. Rogers, alias Adin, aged 57, was indicted for assault-
ing Cath. Chawner, an infant under 10 years of age, on Oct. 12,
1826, at Uttoxeter, with an unlawful attempt.
Mr. WHATELEY conducted the prosecution.
The child, Cath. Chawner, aged nine years, proved the pri-
soner's guilt, not only on the day in question, but also on several
days for nearly eight weeks before. The prisoner was in the ha-
bit of giving her apples, halfpence, &c. On the 12th of October
the prisoner met her, and took her by the hand to the school-
house bridge, near which the offence was committed. The pri-
soner said, if she told her father or mother he should certainly
hear of it, and he would flog her.
The mother of the child, Mr. Allport (a surgeon), and a girl
named Sarah Jumps, were called, and completely proved the pri-
soner's guilt.—The Jury immediately found him Guilty.
Mr. Baron VAUGHAN paned sentence.—,, William Rogers.
you have been convicted of a misdemeanour of the most heinous
and aggravated nature. The Court adjudges you to three years' lin.
prisonment, and that you be kept during that time to hard labour.
Thomas Acton and John Tibbits were indicted for stealing
1051 h. of copper on the 20th of October, at the parish of Smith.
wick, the property of Messrs Bolton and Watt ; and Jacob
Weaver and Mary Wood were indicted for receiving the same
copper, knowing it to have been stolen.
The Jury acquitted Weaver, and found the three other prisoners
guilty.
Mr. Baron VAUGIIAN.—Acton and Tibbits, the sentence of
the Court is, that you be transported for seven years. Your
offence, Mrs. Wood, is still more aggravated. If there wert no
receivers, there would be no thieves. It is doubly incumbent to
make a se%.2re example of you. Your sentence therefore is, that
you be transported for 14 years.
Se-nuel Warner and William Mace were indicted for a
burglar;• in the house of Mrs. Bolton, a butcher, of Wolver-
hampton, and stealing thereout twelve sovereigns, two half sove-
reigns, and a large quantity of silver. Verdict— Guilty.
Mr. Baron VAUCHAN--4t is melancholy to observe boys like
you guilty of such offences, and difficult to settle what is to be-
come of you ; you must not expect to remain in the country, or
ever to retarn to it again.

-
DORCHESTER, Maacti 18.
Henry Brown was indicted for violating Fanny Thom sod at
the workhouse of Melcombe Regis.
Fanny Thompson called and examined.--I am a married woman ;
in July last I was in the poor-house at Weymouth ;my husband
was at his mother's at 'Weymouth ; the poor-house wu there also;
I was employed to make the beds there ; I had two young children
there ; I went to make the beds with Ann Jacobs between tea
and eleven in the morning ; we went up stairs together ; Ann
Jacobs did not go into the room with me ; she went about two or
three rooms abov.. me on the same floor ; that is farther on. There
were several partitions between us. I did not see the prisoner, or
know that he was there. When I took the clothes off the bed,
found a man there. When I took the blanket down. I felt some
person lay hold of my leg. He was under the bed. I said, " Good
Ged, what's that ?" He said, " It's me, nay dear." He got from
under the bed, letting my leg go, and threw me immediately on
the bed, and put the rug in my mouth. My hands T:ere behind
me. Ido not know how they got there.
The JUDOE.-111r. Bond, have you seen the depositions? thee
are such wonderful discrepancies !
Witness continued—Ann Jacobs first went into a dist
and then came into the next room. (The witness
thetaaidtestsFeicetbnel!,
what had taken place, from which it appeared that the facts
sary to complete the crime had unquestionably been committed.)
Ann Jacobs came into the room whilst the P
dog thererisoinnerwas " He
on
the
bed. She said, " Oh, Brown, what are you
said, if she came in he would serve her in the same way. I left
the room, and went down immediately
rues.
telling him,
I complained of it to the
master when I got down : whilst Ithe mistress
came in, and I told her.
Ann Jacobs was called, and directly contradicted the last wit-
ness. It was the next room she went into when Thompson went
into the bed-room.
The JUDGE asked Mr. Bond if, after this discrepancy, he would
proceed. In three several% points did the examination of Thomp-
son now and before the lagistrates differ. If Jacobs wee in the
next room she must have heard all that took place..
Mr. Bolin said that he would give up the case.
The Jury immediately acquitted the prisoner.
.Roberti. Brown and Whittle were indicted capitally
for
aiding and abetting a large body of persons in illegally landing
a quantity of spirits, near Lulworth, they being armed.--After,a
long trial they were acquitted.
The crowd began to clap, but the Judge orderer theorist*
stantly to desist.
Sir Robert Steele came into Court, and gave bail to a bat
found by the Grand Jury for a libel on Captain Garth.