Star.
London, England, 1831-05-03 00:00:00

LAW REPORT&
SECONDARIES' OFFICE, BASINGHALLeSTREET.
BREACH 07 rIIONTSE Or SIAIIIAOII.
MORDECAt v. JACOBS.
This was a writ for the assessment of damages in a case against the
defendant for breach of promise of marriage, the defendant having al.
lowed judgment to go by default. The damages woe laid at 2,000 L
The plaintiff ant defendant being of the Jewish perstrasion, the
Court was crowded almost to suffocation by well deemed sons and
daughters of Israel, who appeared to be strongly interested in the
verdict.
Mr. Curwood and Mr. Bodkin were for the plaintiff, and Mr.
Charles Phillips was for the defendant.
Mr. Curwood, in addressing the jury on a subject which, to do the
people of the Jewish persuasion justice, was very seldom discerned is
a court of justice at their expense, said he did not mean to give to thecae
the declamatory character of the " worst in the world," usually be.
stowed upon cases of the kipd. He would merely tell them that it wa,
such as required their serious consideration. The plaintiff was a re.
upectable and well-educated young woman, the daughter of a dealer in
quills, turd the defendant was a seeps manufacturer. There was a differ.
once between the pecuniary condition of the party, the young lady hashig
none of the gifts of fortune to add to those more glorious gifts whicL
nature and a virtuous education had bestowed upon her. The Jury
Imew what great trades in a country like England were carried on in
trifling articles, and the defendant was prosperous. The learned noun.
eel said he would prove how effectually the defendant had gained the
affections of his client by a long course of attentions, and then akan.
dotted her from sordid motives. He spoke pathetically of the shock
communicated by the perfidy of those we love, and intimated that in
his culla days he had himself suffered from a disappointment.—(A
laugh.)--He recollected the feelings of that period.
Mr. PHILLIPS—Yin must have a confounded long memory then.—
(Loud laughter.)
Mr. Curwood thanked GOD that he had not forgotten the good feel.
ings, the affectionate ebullitions of his youth.
lilt. Pmeeirs--They arc very good things to recollect, but all I
con say Is, that your memory is tremendous. (Laughter.)
Mr. Curwood them produced two letters, which the defendant had
written to the plaintiff when she was on a visit at Cambridge, and after
describing the anguish caused by the sudden renunciation of her ac-
quaintance by the defendant, called witnesses.
David Mordecai, brother to the plaintiff, examined by Mr. Bodkin.
Was brother to the plaintiff, who was now 25 years old. In Aug. 1829,
defendant told him he had it particular business to communicate, and
declared his attachment to Rots, the plaintiff, and that be wished to
pay his addresses to her. Witness mentioned all the obstacles ; his
sister's went of property, and the probable displeasure of the defend.
ant's father nt the match. Defendant said that he was 24 years of age,
and a proper judge in so important an affair ; that he did not want
stoney, and bad refused girls with 5001. He also said that he would
not, like other young men, boast of his being worth 7001. or &A
but he declared that in two years lie would no doubt accumulate
2,0001. and that he would then marry Rosa. Witness told hit sister
what was offered, and by defendant's desire specified his willingness to
sign a bond tot 2001. that he would perform the contract. Tice plain.
tiff refused the bond, but accepted the addresses. They regularly corn.
rounicated as lovers, and after the courtship had gone on for three or
four months, defendant took supper at the plaintiff's father's haute
every night (a laugh). The courtship continued till the 16th of No-
, vember last }env, up to which day the defendant visited regularly, but
aft r that he never showed his face. Plaintiff had eone on a visit to
Miss Emanuel at Cambridge, fur a month, while the courtship was
going on. After the defendant had ceased to visit her, her health was
very bad for a month.
Here Mr. POT T ELL' who tried the case, read the letters handed in.
The lint commenced, "My beloved Rosa," and ea: couched in the
hyperbolical phraseology of the passion, until the writer told his be.
int ed correspondent that lie must give her the news of the day.
Mr. Cu RWOOD.-011 ! that's all chit-chat. It is unnecessary to go
further.
Mr. Pitrnurs.—Excuse me, we'll have the whole of the letter. I
know nothing of what it may contain besides what we has. heard.
Mr. Potter read on " Sandy lute fell out with itch, 1.1. c, hi, and
Plan Jacobs, the barker, has had a child sworn to hint :" (1311,:hter.)
Mr. Phillips: Very delicate news, indeed, for the youn,.., lady :
(a laugh.)
The second letter merely gave the news that the defendant had been
lately invited to a great meny marriage,' ; that the king, queen, and
roy::1 family had passed through Jewry-street, in their way to the
Tower, and that her Majesty's person was not decorated in a style at all
enreesponding with her rank, her bonnet, gown, and shawl, tieing old
black. and all destitute of regal elegance.
Witness cross-examined by Mr. Phillips—A barker was a man cc.
ployed outside a clothes shop, to a-k costa:tees in.
Mr. Phillips—Upon your oath, is rot a barker a man employed to
poll people in?
IVitness No; not to pull them, but to request they will walk in.
Mr. Bodkin—They are individuals employed for the purpose of so-
liciting the custom of the public. (Loud laughter.)
Miss Emanuel, of Cambridge, deposed that time plaintiff had beer
on a visit at her father's house, at Cambridge, and had received the
letters from him while there. IVitness had observed the conduct of
the defendant to be that of a lover, and his affeedon was returned by the
plaintiff, who must have been much affected by the disappointment
Mr. Phillips : Pray, Miss Emanuel, did you know Phin Jacobs, the
barker ? Witness: No, I knew nothing of him.
A brother of the plaintiff deposed that the plaintiff and defendant had
had an altercation at n dance, and defendant went almost mad in cone.
(pence of the quarrel, until n reconciliation took place.
A cousin of the plaintiff stated that, after the 10th of November. he
saw the defendant who told him the reason he stopped away way that
his father made him swear by the new moon, that be would not pay
Miss Mordecai, or any et' her family, any more visits ; besides, she was
a poor girl, and had no fortune.
Another witness said that he had seen the defendant walking with
Miss Davis seven or eight times, about a fortnight ago.
Jelikinr, a medical man, said, he bud been called in to see the
plaintiff :after the 16th of November, and found her labouring under at
hysterical affection. %Vas told that she had had a disappointment, and
believed the disease to be a constitutional one, aggravated by mental
distress.
Mr. Grant, a tobacco prover, deposed, that the plaintiff was a denim
In tobacco, but not at all an extensive one.
111 r. Phillips addressed the jury in a very forcible speech. Althoaek
his learned friend ( Mr. Conrad) had disclaimed the customary nuoe
of enforcing a diesel's claim by a declamatory appeal, he had rot for-
gotten to give a dhstitatien upon disarpointecl hopes, mocked expec•
talons, and bnhen hearts, which was calculated to answer the
purpose full as well. But the Jury would, in forming their esti.
mate of the injury sustained by the lady, rot overlook the citeute-
stances by which the case was distluoished. How had the courtship
commenced. without the knowledge of the defendant's father? a fact
with which the plaintiff and her family were well acquainted. What
would any of the Jury think, if his son sera encouraged by &family.
of whiclarhe disapproved, to visit a young woman day atter day, slid
night after night, at the same time that he was kept deliberately in
the dark as to the intimacy What would any of the Jury think
of that faintly, after clandestinely promoting the acquaintance forte:
year, endeavouring to compel a contract detestable to lam. Per
' haps in the hey-dey of his love, the defendant declared the: he
could not eat, nor drink, nor sleep ; that his heart was breaking, aril
that vll the oe:er symptoms of the ; scion were conspicuous in his r"-
duet; wart he, when his father called upon him In the name of decent'
and religion, to abandon the connexion PO improperly begun and can-
tina. d, to be drugged into a Court of Justice ? The leaned Ceurel
then r:iiicsted that the Jury would not be deceived by the plemy
peeoance of the female friends of the plaintiff and the dandy appestwact
of the gentleman of Duke's-place, into an idea that the rank of the
plaintiff was such as to make a were moderate sum an inconsiderable
object to her. He then alluded to the letter, in which the barker's
titin.ate paternity was described, and contended that the lady who we
in the habit of receiving such intelligence, could not be very delicate.--
He concluded by calling upon the Jury to give the loneliest possible
damages.
dlr. POTTER. summed up, and the Jury assessed the damages at s^'
BIRTHS.

Yesterday, in Grcssenor.squarc, the Countess of Wilton, of a sae-.
Thc Ist inst. at lax father's !souse, Saville-row, the lady of C. B. Pr-
bcrtnn, Emit. of lt daughter.—Saturday kg, at Clapham, Mrs. P. Hew.
itt, of a ton.—The Ist inst. at Edgware, Mr'. Forte, of a son,—Tle
2d inst. in Susses.place, Rcgtnt'a-park Mrs. W. R. Phillips, of
daughter.

M ARMED.
The 10th ult. at B.mlin, AdolphuS Goldsclunidr, Esq. of Great it.
Helm's-passage, to Jeannette, second daughter of the late S. Jacob,
snn, Esq. of the former place..-.Tlie 30th ult. at St. George's, Moor:-
bury, Mr. Murdock, to Mrs. Brown, of Hunter-nreet, Bruoorics.
square.

• LIED.
The Ist inst. at her house in Grove-lane, Camberwell, Surref, 07``
both, eldest daughter of the late Colts Child, Esq.—The 29th ult. a:
his seat, Wybrooke park, In the county of I)evrn, the Right Hi r
Charles Lord Clifford.—The lst inst. at her house in Sad:vine-street.
Miss MaxwelL—The 30th ult. aged 23, at her mother's house. Qut."`
square, Bloomsbury, Nannette, wife of 11r. C. T. Mason. folb`'
rough, end youngest daughttr of the late Rev. D. Duff, A.
late of Tooting, Surrey.—The 28th ult. in the 79th year of his H.
Smith, Esq. of Stoke House, near Cobham, in the County of Semi.
—The 26th ult. Margaret Thornton. second daughter of Joon Thi T. •
ton, Esq. Curzon-place, Kensington, aged 37.—iu Nov. last. itt 11.4.
sore, in the Cut Indica, Jane, wife of Henry Ricketts, Eq. u:
etc
East India Compan,y's Civil Service.
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