Star.
London, England, 1830-10-27 00:00:00

LAW REPORTS.

COURT OF KING'S BENCH, Ocr. 26.
BREACH OF PROMISE OF MARRIAGE. '
BIRKENsHAW V. LONEY, OEIT.
This was an action brought to recover compensation in damages, for
a breach of promise of marriage.
Mr. Tommw, sow, in the absence of the Attorney-General, stated tliel
plaintiff's case, from which it appeared that the plaintiff was the
daughter of a pawnbroker, residing at Doncaster, in Yorkshire, and that
the defendant was an attorney of the Court of King's Bench, residing
in the neighbourhood of Golden-square. About the middle of last No-
vember, the defendant having some business in the shop of Mr. Wells'
a lace-manufacturer, situated in St. Martin's-court, saw the plaintiff,
who was living there in the capacity of a shop-woman, and being en.
amoured of her, called frequently upon her, and in the course of the con-
versations that occurred between them on those occasions, the plaintiff
stated that she was the daughter of a pawnbroker, residing at Don-1
cuter. At the end of about we months' courtship, the defendant
made proposals of marriage to the plaintiff, which the latter accepted.
She left her situation in consequence, took lodgings In Orange-street,
Leicester-square, and parted with her watch to enable her to purchase a
dress for the approaching marriage. The defendant, in support of his
intention of being united to the plaintiff; ordered the banns to be pub-
lished in St. James's Church, Westminster, and they ware published
accordingly. He also presented a ring to the plaintiff, ard it was deter-
mined that the union should be completed on the 11 th of Ja-
nuary. Previous to the 11th, however, the plaintiff received a
note from the defendant, wherein he stated that having caught
cold, while paying his addresses to her, in Mr. Wells' shop (a
laugh,) he was labouring under the influence of considerable fever,
and he would not be able to attend at church on the appointed
day ; it therefore would be necessary, he said, to bum: another'
and a later day for the purpose in qu.stion. In a few days after the
defendant called on the plaintiff at Orange-street, and there saw the
plaintiff, a female friend, and a Mr. Graves, a haberdasher in the
Strand, who was also a friend of Kr's. The defendant at this meeting
did not appear to treat the plaintiff with his usual kindness, for, on
coming into the room, he shook hands with Mr. Graves and the plain-
tiff's feaiale friend, but merely nodded to the plaintiff herself. in the
course of the meeting, however, the defendant's unkindness was dissi-
pated, and he and Miss Birkenshaw were left together, when it was
agreed that the solemnization of the marriage should take place on the
10th. They went together the same day to Mr. Graves's shop, where
gloves and ribbons were purchased and paid for by the defendant. He
also requested the plaintiff's female friend to act as bridesmaid on the
occasion of the marriage. A few days afterwards the defendant again
put off the day of marriage, and was not heard of until the 27th
of January, when he called upon Mr. Graves, and said he had received
a letter from his agent in Doncaster, who informed him that the plain-
tiff's father was not a pawnbroker, but a dealer in rabbits (a laugh).
The defendant added that, under those circumstances, he could not
think of marrying the daughter of a rabbit-dealer (Laughter.) Mr.
Graves said„that it was a mistake, and wished for the name of the per.
son who wrote the letter.which the defendant gave him, he. at the samel
time saying that he declined the match altogether, as be had been de-
ceived by the plaintift; who informed him that she was to have 1,6001,
fortune; he then took his leave, and was never afterwards heard of.
Evidence in support of this statement was given ; but Mr. Graves
explained in the course of his testimony, that it was the plaintiff's
uncle who " dealt in rabbits ;" he was rather, to use Mr. Graves's
expression, a large furrier, dhd kept several persons employed in his esta-i
blishment.

Mr. GRAVES supported the statement, that the plaintiff's father had
been a respectable pawnbroker in Doncaster, and that he wu now living
in comfortable retirement, and that he probably would leave the plain-
tiff's sum of money, when lie died.
Several letiers were put in and read, in which the defendant called the
plaintiff his " Dear, dear, 11e6ey." They breathed throughout a
strain of devoted affection.

Mr. ADOLPHUS addressed the Jury for the defendant, and said, that
from the evidence it appeared that the plaintiff was a young woman of
five and twenty, and the defendant a man upwards of 40 years of age.
Now he did not think a young woman had much to complain of in
losing the affections of an elderly man, particularly when:her character had
not been impugned, nor any charge brought against her moral cheracter.lt
was said ladies were sometimes more flattered by the judgment of old men
being exhibited in their favour, than by the attentions of young
ones. Ile (Mr. Adolphus) knew something of bunion nature, and he
must say that, in his opinion, young ladies liked something fresher and
warmer than an elderly man of forty. It was not pretended that the
defendant used any insidious arts to injure the plaintiff. It was evident
that his intentions were most honourable, and that he was only induced
to change his mind from the circumstance that he had heard respecting
her family ; and that the story told of the plaintiff having a fortune of
1,600 L was without foundation. Under all the circumstances he did
not think that a verdict for heavy damages should pass against his
client.

Lord TEXTEIDIN said it was clear that a proposal of marriage had
ham made by the defendant to the plaintiff, and that it had been broken
off without any apparent just cause ; for the fact that the plaintiff told
the defendant that she wu to have a fortune of 1,6001. was not proved.
The jury consulted shortly together, wl.en they rt. turned a verdict for
the plaintiff—Damages, 1001.

ADMIRALTY SESSIONS—Tucoday.

MUTINY ON BOARD TIME INGLIS.

The Judges took their seats on the bench this day at ten o'clock, when
the following prisoners were put to the bar on an indictment charging
them with conspiring to force Joseph Dudman, acting as Captain and
Commander of the merchant ship the Inglis, the property of Messrs.
Richardson, Borradaile, and Co. on the Gth of June last, about 40
leagues off the Cape of Good hope, to liberate ono of the ship's crew
whom he had ordered into custody :.-_John Larry, John ./ crtian, Ste-
phen Rosa, John Murray, John Steel, George. Irells, Samuel Cole,
John Harrison, Joins Carter, and Morris 3141(1 imy.
Dr. Lushington, Mr. Alley, and Mr. Evans, conducted the cue fur
the prosecution ; and Messrs. Phillips and Clarkson the defendant's case.
Dr. LUSHINGTOI4 stated the cue with great minuteness,to the Jury,
beginning with the ship's departure up to her arrival, and the eventual
placing in custody the prisoners. There had been reasons to suspect
for some time previously the intention of the crew, but the open hos-
tility was not declared until the Gth and 7th of June, when they forced
the Capt. to liberate one of the seamen named Larry, who on the 7th
walked about flourishing a bludgeon and a blunderbuss, and threatened
to shoot the Captain.
The following witnesses were then called :
Capt. Joseph Dudnian examined by Mr. ALLEY—Was entrusted
with the care of the ship Inglis, which was to 'proceed from Londoo
to Bengal, and thence to China. Left the Downs on 30th of Jan.
1829 ; there were one hundred and forty-five on board, including
the officers and the prisoners. Left Chiral and proceeded to St.
Helena ; on the passage a great deal arose to excite compla;nt on
the part of the witness; on Sunday the 6th of June, there was a
person named Moore, the third officer, on the deck ; witness had given
the officer orders to roll the sail up and put it away ; while they were
making the sail up, observed they were doing it awkwardly, and the
officer abused them ; John Larry came out and said, " Who can stand
being called an Irish son of a bitch ?" Witness desired him to hold his
tongue, and Larry said, " There are as good Irishmen as Englishmen
in the ship." This was said in the most insolent manner; witness de-
, aired Larry a second time to hold his tongue, and he said, " I will Dot,
I'll talk as long as you talk;" witness ordered Ma (Larry's) grog to be
stopped till further orders, and Larry said, " You may stop it all the
way to Leaden;" Larry was then ordered into confinement . • Moore
then went up and put his band on Larry, who offered no resigaima at
that time. Lam then came up, and leaning on the poop, looked Joao-

liently at witness, who ordered hint more aft; on which he jumped on
our of the hen-coops, and said in a most insolent manner, " Am I far
enough aft to please you now r Witness desired the boatswain to put him
down the midships ; the master at arms desired him to go in irons ; witness
told him not to be a fool, but to go in irons. He said "I will not." Wit-
ness desired the gunner and boatswain to put him in boos, when he
clenched his fists, and in the setae which ensued he struck the boat-
swain three times. Larry was eventually put in irons; ten minutes
after, witness went to his cabin, and in about ten minutes after, Moore
was informed that the men had made a rush aft ; witness took his
sword, and found 60 or 70 of the crew on the quarter-deck, in a tam-
' plete state of mutiny ; witness went on the poop, and found 10 or 30
men round the prisoner, endeavouring to release him: with tbe assist-
ance of Mr. Herbert, got them off the poop. All the prisoners were
most active in the mutiny. Cole said "Don't shove me, if you do,
shove me with that thing (the sword) you have in your hands." Did not
observe Carter particularly active ; though repeatedly ordered they
would not go away, and repeatedly said "Let the man out of irons.
Rose called out aloud" Let's now to the arm chest." On the quarter-
deck the whole of the ship's company made a stand, and demanded the
release of the prisoner. Witness said nothing on earth should induce
him to do so, and if he did anything wrong the laws of his country would
punish him on his return to England. Witness said, "He would hold
a court of enquiry on Larry;" Jordan and Steel said, " You shall not
hold a court of enquiry, or punish." Jordan said, alluding to witness's
observations as to the laws of the country, " I'll have them of you, take
your oath of that. Wells called out, "Are we all agreed?" and
threw his cap in the air, accompanied by three cheers. Jordan
said, " There are thtee cheers in defiance of you on your own
quarter-deck." Some one said, "We will give him 10 minutes,
and if they don't let him out of irons we will. Let's go below,"
which they did with a part of the watch. At length the man was
set at liberty for the safety of the ship, and much against the will of the
witness. The next day witness sent for Larry, who refused to attend.
Mr. Andrews took the first message to him. Saw the men together
frequently after. Larry's behaviour was extremely improper. Wells
was one of the men who called out " You shan't punish the man."
Proceeded on the voyage to St.Helena,ami in consequence of acommuni.
cation to the Oovemor at St. Helena, a guard was sent on board, and
the prisoners were taken into custody, but not until a threat had been
made to fire on them if they did not surrender. The same morning the
boat was manned, and the men ordered not to leave, but this was nut in
the presence of the prisoners.
Cross.examined by 31r. C. PHILLIes—Had no reason to complain
on the outward-bound voyage.
By Mr. ALLer.--No entry was made in the log-book, as the ship's
company would have taken her away from him, had they known what
he intended to do.

By Mr. C. Pittrrits—Had given extraordinary indulgences to the
Crew flogged two men going out. Could not say how soon the flog-
ging commenced, it might have been a month ; gave the men three
dozen each ; had stood by and ordered a fresh man to take the cat, in
order that more strength might be laid on, at the end of each dozen.
The stripes were not so severe that it was necessary to have fresh men,
but he did not wish to fatigue the officer. The men who inflicted the
punishment were in health and strength, but their arms would tire at
the end of each dozen ; this was the constant custom of witness on board
the merchant skips. The punishment was left to the discretion of wit-
ness. "Starting," was giving a man a whipping with a rope's-end;
this was done sometimes with, and sometimes without, the knowledge
of witness. The chief mate has the power of inflicting such a slight
punishment as a starting.
Mr. J. 3louatt, third mate, gave an account of what occurred, as
Capt. Dudman had done. He added, that Larry, when put in irons,
shook his fist at the gunner, swore he would have his blood, and that
his (Larry's) feet should be free before six o'clock. Heard Kinnear
ask for the key of the irons, and say, " Give me a hammer, I'll
soon open them." Carter said, " (;o it, messmate, stick by
you." The Captain and Mr. Herbert came up, and endeavoured
to persuade the crew to Pave the quarter-deck, but they said they
would not until the prisoner was released. Captain Dudman said be
could not do this, but would hold a Court of Inquiry on the nor.
row, and if Larry was acquitted lie should be released. Saw
Wells throw up his cap when the cheers were given. Larry said,
" I wish I had that cutlass, he (Capt. Dudman) has got in his hand,
I'd soon clear the deck of you white-livered -..--,' meaning the
officers. The next morning Larry was sent for, when he said, • I'll
not go a step further, and ant as good a man as you or Captain
Ditdonan. My blood is at red and as hot as yours, and a d—d deal
hotter." There was a general cry for Larry not to go to the Cap-
tain. Larry said to witness he might stand there and grin like a
d- d Virginia slave.
Cross-examined by MI. C. PittrArrs—Capt.Dudman was present at
the infliction of the punishments. The witness admitted the fact as to
the mode of flogging on board the Inglis, namely, a fresh man to inflict
every dozen stripes. Had seen a man under punishment have water
given him in consequence of being faint. One man did faint under
the lash. Witness had used harsh language towards the men. Would
not swear he had not used insulting language more than fifty times.—
Had called them " Irish sons of b—," " d—d lubbers," &c.
Mr. Herbert, the Chief Mate, was then examined by Dr. Ltrsussro-
sox. at great length, but stated nothing material.
Mr. Dawson, Surgeon on board the Inglis, deposed to the conduct pur-
sued by the crew on board the vessel on the 6th of June. The men
were not punished with unnecessary severity on board the vessel. The
greatest number of lashes that he had ever seen inflicted was five dozen.
The men were never kept from their duty more than three or four days.
Wm. West, gunner on board the Inglis, examined by Dr. Luau tiro-
sox-s-This witness described the crew to have been in a high state of
ferment on the 6th of June. Larry and several of the crew threatened
to cut his head oft'. Witness heard Captain Dudman say if his
officers did not do their duty be would punish them as well as the men.
Peter Johnson, a seaman on board the Inglis, swore that Larry, on
the 7th of June, the morning after the row, threatened to serve him as
he had done the gunner (break his head.) Witness was called out of
his hammock to shoot the officers, by Dobson. The tool-chest was emp-
tied. The men stood by the chest. They made cutlasses of the iron
hoops, and stowed away the handspikes. A tremendous cudgel was
here produced, and the witness swore that Larry made it. It was what
was called "a heaver" on board.

John Smith, servant to the chief mate—On the 6th of June, about
half-past nine o'clock, the Captain was taking the sun, when Larry
came forward and said. " I'll knock this about your d—d head before
I sleep you ---."
3lr. ALLEY here stated that the cue for the prosecution bad closed,
and obtained a postponement of the case to this day.