The Sun.
London, England, 1818-11-17 00:00:00

coma OF COMMON PLEAS, Nov. IG.

BREACH OF PROMISE OF MARRIAGE:
HATIDHAM V. CAUSTO!i•
Mr. Sergeant Coeeve, adverting to this case,
stated, that although the rule moved for oil a'
fernier day for a new trial was not granted, as he
understood, yet notice of that rule had been
served upon the plaintiff, and that this rule was
-not- founded opon the affidavit produced by his
Learned Friend, but upon the .record. The
Learned Sergeant added, that the Learned Judge
before whom the cause was tried at Hertford,
being consulted, and the verdict being found by
a most respectable Jury, his clients felt no dis.,
position whatever to recede from their claim to
the damages awarded in that- verdict.
The Curer JUSTICE observed, that the rule
was granted, but that it ought to have hcen
founded upon the affidavit ; for ticeording to that
affidavit, the defendant was only possessed of a
property of between 2 and 3001. a-year, whereas
it was sworn upon the trial that be was worth
20.0001. The Court felt that this disposition
might have-influenced. the verdict, and therefore
granted the ride; for the Learned Counsel, in
moving for the rule, had stated no other ground,
as be bad not gone much into the merits of the
case.
Mr. Sergeant TARDY said, that lie had stated
the case as far as he was enabled, for the letters,
illustrative of the merits of the case, were not in
his possession, but in that of the opposite party.
But a printed Report of the trial had since appear
ed, ;n which copies of those letters were pub-
lished.
The CHIEF JUSTICE—It will • be time enough
to go father into the subject when cause is sheirn
against the rule:
GOODCHILD V. COCHRANE.
This was an action for the
.recovery of 101.
in
compensation for damages sustained by the break-
ing of some glass shipped front Dumbarton for
Loudon. The action was brought agßiust the Master
of -the ship, through whose negligence Mr. Ser-
geant VAUGHAN alleged, and endeavoured to prove,
the damage had occurred. Rut Mr. Sergeant
REST maintained • that the damage was owing to
an accident at 'sea, for. which the Master watenot
responsible, and against l% hich the Plaintiff ought
to have insured. He, besides, argued, that as
the Master and his crew had nothing to do with
the stowage of the cargo',. which took place, ac-
cording to custom, under the direction of the
Dumbarton Glass Company, who were the con-
signers of that .casgo, the action ought to have
been brought _against them, and not against-the
'present defendant ; the consigners heiag how-
ever, .as well as the defendant, enabled :to ground
their defence on the. damage done the vessel by
sticking upon a sand bank in coming out of the
harbourof Dumbarton.
This accident was proved, and that the „ship
being ballasted with iron, that iron might have
broken the crates of glass which were initired,
The CHIEF JUSTICE observed, that there was
DO evidence.pf the glass having been whole at•the
time it was originally put rneboard ; and as, ac-
cording to the custom its such trade, the cargo
was stowed, . not by the Captain,' but by the
Dumbarton Glass Company,. the 'defendant was
not iri law at all liable for the alleged daMages.
The Jury accordingly. found for the defendant.

COURT OF EXCHEQUER, Nov. IC.

SIR WATKIN LEWES V. MORGAN.

After the motions of this day bad been gone
through—

Mr. ROUTLEDGE (late Solicitor for Sir Watkin
Lewts) ►ose to claim their Lordships' indulgence
in allowing him to make a few.. observations on
the statement in this cause in the newspapers of
last Saturday, 'n'l►ereby it appeared that Sir Wat-
kin, Lewes attributed to the negligence of his So-
litors (Messrs. Routledge and Hardy) an attach-
ment having issued against him, for not putting
in his examination to the defendant's interroga-
tories. • • _ _

Mr. Baron GARROW.--We have nothing to
do with newspaper reports—we cannot interfere.
Mr. Baron GRAHAM—We can listen to no ap-
plication that does not come before us on affi-
da^it.

111 r. ROUTLEDGE-4 am ready to prove to your.
Lordships, that no negligence or blame is attri-
butable to myself or partner, anti therefore am
willing to accede to your Lordship's propositioo.,,
Barons GRAHAM and GARROW--The Court, as
nothing to do with the.•statetnents in.the
news-
papers—your only redress is by an action for
calumny.
RotmannE—My Lords, I hate no vin-
dictive feeling to gratify---my sole, object is
.to
correct any imputations on our professional chaT
racter in the winds of your Lordships and the

'PROVINCIAL NEWS,

ENGLAND.

ANOTrIEF. CARABOo.----"He female wham we
mentioned in our paper of the 31st ultimo-, as
having excited so much commiseration by her
simpering tale about her dear papa slain at Wa-
terloo, and her surgeon brother in the army, with
the novel adventure 'of a boarding-school and a
gallant Colonel, turns out to be neither more nor
less thlti the offspring of a Master of the Horse,
vulgarly yclept an ostler, at an inn_ in Tiverton ;
and although young in years, already old and
hackneyed in the bye ways of vice. She is but
too well known at nxeter, having beerilrought.,
up to the bar there more than once, for manners
very unsuitable to a boarding-school Miss. It
now appears ludicrous enough to have witnessed
the moving scene occasioned by her mincing step
am! downcast look, although a sly glance from
her roguish eye, under a pretty straw bonnet, a
la 6ergere, would, like the sun through a shower,
flash a spark of the. sinner through her tears, and
electrify even the ice-bergs of frozen virtue who
were drinking up her tale. All this now appears
very ridiculous ; at the same time it is melan-
choly.to reflect, that our finest sensibilities should
be abused by. so young. an hypocrite for it was
who should be first to write to her, manuna—who
to the boarding7school: I'll. write this very
night, says one---4 will, says another—l know, a
Scotch family who, will write, said a third—and
know a Glasgow magistrate, says a.btrive, rough,
honest •hearted son of Neptune, and shall tip him
a stave before piping to dinner ;- and be actually
belayed his roast beet for the purpose. Seldom
has so much interest been excited—the gray goose
quill winged the story far and near. Scandal
herself wiped her rheumy eye, whilst sipping her
tea—trounce the schoolmistress ! liana the Colo-
nel l—dear 'unfortunate !---,Misses take warming
All, all 'hoaxed—Caraboo'd—shoekingly Cara-
boo'd. 'Yet how much to be lamented; for as
their feelings did them honour, so we fear that
such an instance of early depravity and deceit is
apt to sear the heart, and 'dry up the moistened
cheek of sympathy, when objects more worthy
present themselves hereafter.--(Plymouth and
Dock Telegraph, Nov. 14.)

The Cornwall Gazellesays--." A few days since,
the younger son of Mr. T. Biuncy, of St. Evat,s
about 17 years old, on occasion of some dispute
with his brother, stabbed him-with a knife in the
side. The young man, aged about 21, lingered
till the following Saturday, when he expired.—
The Coroner's Jury returned a verdict of Man-
slaughler.
On Thursday, the sth instant, a distressing
event took place at the vllAge of Crosby Ravens-
worth, in this county. John He, itson, tanner,
at Crosby Hall, in attempting to turn a drunken
man out or the public-house, receivcd
a blow 'tinier the ear, tk.hich in a short time caused
his death. The man who str'u bl:tw is com-
mitted to Appleby gaol.—(Kendu/ Chronide.)

IRELIND.
COURT OF CommoN rix,As, Nov. 14.
BREACH OF FRomISB or MARRIAGK.

- ....._ .
UPARRIET CAI LA , WIDOW, t'. RICUARD M'IVAXARA, rut.
Mr DoottellTY moved I() show cause why the
defendant, who had been arrested at the suit of
the plaintiff, under a writ for 50001 should not
he held ‘f
0 special bail The plaintiff's affidavit
stated, that h tie lived at 32i-tipper George-street,
Bryanston,square, in the parish of Mary-le-bonne,
county of Middlesex ; that in the' year 1815, the
defendant entered into an agreement under his
hand to marry deponent, and never live or co-'
habit With any other woman, or on breach of
such promise, to pay to deponent the sum of
50001 ; that defendant had since married another
woman. and consequently could not now fail his
agreement with deponent, and was therefore in-
debted to her in • the said stun of 50001. This
case, it appears by the information, has lain
over sinoe October. 1813.
Mr. O'CONNELL. contended, that as this affi-
davit did not aver any . mutuality of promise or
other consideration, it was no more than a pro-
mise, and not an agreement'-; for a mere promise
On one side, without any consideration on the
other, is but a nudum puctum, and no agreement,
and therefore insufficient grounds for the party to
be held to hail ; and further, Mr. O'Connell ob-
served, that the plaintiff in her affidavit only
stated, that the defendant agreed to marry her at
a future time, but does not mention the precise
period. " Now," said Mr. O'Connell, " this
same Harriet Caila had been married herself, and
is now a widow, . and at liberty to marry Mr.
M'Namara ; how, therefore, can she say butt that
at some future period he may become a widower,
and be at liberty to marry her ? and if there was
no time specified at which this 5,0001. was to fall
due, how could they say it was due now ?"
It was urged by Mr. Doottelmr, in reply to
these- objections, that with respect to want of
consideration, the Courts generally inferred a mu-
.tuality of promise in cases of promise of marriage ;
that •where there was no time specifically men-
tioned for the fulfilment of an agreement, a rea-
sonable time was usually presumed ; and as the
execution of his promise, by the defendant, could
not now be expected within such reasonable time,
he being married to another woman, he (Nlr.
Dogherty) hoped the Court would allow his
motion.

On Mr. O'CONNELL'S complaining of the hard-
ship of keeping Mr. M4Namara in prison,
" Indeed," said Lord Norbury, " the unfor-
tunate Gentleman seems to he suffering under a
double captivity—Ate is a captive in the chains
of wedlock, and a captive within the bars of the
Sheriff's -prison."
The Court intimated a wish, that as the tie-
•fendant was, a Gentleman of fortune, his own re-
.cognizance tuight be received; but if not, the case
being one of great moment, and requiring much
consideration, they would bear further argument
upon it on Saturday next.

CASTI.PBAY, Nov. 9.---An occurrence of ex-
treme delicacy, affecting the honour and peace of
a very.respectable. family in the neighbourhood
of.. this , town, which has led to the aban-
donment -by a ,young and interesting woman,
Qf her; husband. And five infant chijdren,
for some time, engaged a considerable share of

attention and sympaCuy i►► ibis county. I..uovr-
ing that the circumstance must ultimately come
before the public for their solemn decision, we
have telt that, in deference to thetn,we were bound
to abstain from making a premature exposure of
any particulars which may, have reached us ; and,
in now announcing, in the ordinary course of our
duty, the arrest in Ballinrobe, and the committal
to the county gaol in this town, on Friday last,
of Charles Kerr, Esq., Captain and Paymaster of
the First or Royal Dragoons, under a fiat at the
suit of -Charles Lionel Fitzgerald, Esti., we give
the only clue which we are at present disposed to
afford to an understanding of the case to which we
aliude.—(Mayo Constitutio►i.)

SCOTLAND.
COURt" OF SESSION, EDlNrit/RCH.

EDINBURGH., Nov. 12.---This day the Court
'met for the winter season. All the Judges were
present.
Since the rise of the Court in July last, a con-
siderable deal of alteration has takon place in the
Outer-house. The place formerly occupied tor
the permanent Lords. Ordinary of the SeCond Di-
vision has been removed front the notch end of
the Great Hail to the east side, and a large niche
has been formed on the same side as a side bat
tor the Lords Ordinary of the First Division. It
is intended afterwards to make a similar erection
in the saute direction, for the other Ordinaries;
but this will not take place till next year, when
the rooms now building as Ordinary Court places
ore finished, which will be early in the Summer
Session. The roof of the Outer-house has under-
gone, a complete repair, and is covered on the
outside wi,li a new roof of lead. A large elegant
sew window has been struck out on the north-
west side, which has a good appearance, and we
believe all the windows in the Outer-house are to
be altered in a similar manner.

The. elegant statue of the late lienry, Lord
Lord Viscount Melville, is placed in the Outer-
house, near whet e the Ordinaries ►►f the Second
Division sat, and where this Noble Peer first
began that career of fame and fortune, which has
raised his name to so much celebrity as a Lawyer
awl eminent Statesman. The statue stands on a
pedestal six feet high, and the figure of his Lord-
ship is seven feet nine inches in height, all of
beautiful white marble. He is dressed in his
Parliamentary robes, as a Viscount of the United
Kingdom, and it is esteemed a most eVellent
likeness. The new window which has been made
in the Outer-house shows this statue to great
advantage..
,The statue of the late Loud Presi..
dent Blsir occupies a place behind the chair in the
First•Divis,ion, which he filled with so much abi-
lity and honour t►o himself and to his country.
Both statues have been executed by Chantry, the
sculptor, of London, who superintended the put.
thig then► up_ They are highly spoken of by
judges, and reflect great credit on the abilities of
this eminent artist 3 they are the fittest pieces of
workmanship of the kind in this country, The
statue of that emit-tent Judge, Lord President
Forbes, has been removed from the etr,t wall ••f
the Outer-house to a niche behind the Lord Jus-
tice Clerk's chair, in the Second Division of the.
Court, and is seen to mucl► advantage.