Star.
London, England, 1824-09-11 00:00:00

• ASSIZE INTELLIGRNCE.
LANCASTER, SEPTIMBER s.

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BREACH OF PROXIES OF DAMMAM
This was the case
.of Wait v. Aspinall," and at-
tracted extraordinary attention.
Mr. SCARLET? addressed the. Jury, and in an elo-
quent and feeling speech developed the plaintiff's case.
He fully detailed the facts which were afterwards eli-
cited from the witnesses, and concluded by calling on
the Jury to render his client such compensation as da-
mages could afford for the grievous and :unmanly in-
juries and insults which the defendant had inflicted on her.
Mr. WILLIAMS then proceeded to call and examine
Isabella Neil--She is the sister of Matilda Wait, the
plaintiff. Her sister's age is 21; there are four brothers
and two sisters : the sisters are elder than the plaintiff.
Her father has resided in Liverpool for three years. Wit-
ness has been married herself about three months; her
father came from Settle, in Yorkshire; he carries on
the trade of a tobacco and snuff-dealer in the retail way
in Liverpool ; he resided in Whitechapel.street ; he now
resides in Paradise-street ; the shop was not his dwell.
lag-house in Whitechapel.street ; the shop was 100 yards
from Paradise-street, where they lived. Her sister Ma-
tilda Wait used to attend in her father's shop; her fa-
mily were not acquainted with the defendant when they
first came to Liverpool. The defendant has a situation in
the Custom, there. Witness was at Blackburn in the
first instance. She never saw the defendant but once,
which was in May, 1823. She received a letter whilst
in Blackburn from her sister, requesting her to come
to Liverpool and assist her in arranging her wedding
clothes : she was to be married to the defendant. About.
a week afterwards she (witness) saw the defendant, he
came and was shown into the parlour ; her sister Ma-
tilda introduced him to witness as Mr. Bromfield, to
whom she said she was shortly going to be married.'
He said he had brought a parcel of wedding caps, and
a wedding dress; the dhfendant she wed them to her,
and she said she thought they were very fine. He said
he hoped in a few days that he should• have the plea-
sure of calling her Mrs. Bromfield ; he left the caps,
&c. for her sister. Witness was soon after called into
the parlour to witness a scene of the' most distressing
nature ; this was after his return from the Custom-house.
She found her sistertad fainted ; there -was a Lady
there ; she supposed it to be Mrs. Aspinall, the defend-
ant's wife; the defendant, the plaintiff, Mrs. Aspinall,
and the witness, were all in the room. When her sister
recovered, Mrs. Aspinall said, " Good Gots! what is
this? you ale my husband, what can you be wanting
'here?" Her sister immediately said, " You rascal, what
could you mean by deceiving me?" Mrs. Aspinall said,
" Am I riot your wile, Tom Aspinall ?" he said, " Yes;
but I made a mad wedding of it." Her sister ex-
claimed, " why your name is not Aspinall, but Brom-
field from Macertree?" He said, " No it is not my
name; I am a !harried man ; my name is Aspinall.'
Her sister replied, " how could you come here ?"
He rejoined by saying he was infatuated with her; that
he loved her to distraction : and that if he had not been
Sound out as he had by Mrs. Aspinall, he certainly
would have married hen—Addressing himself to Mrs.
Aspinall," I can say of Miss Wait, she is still a virtuous
and an innocent girl for me; and her honour is untainted."
Mrs. Aspinall told her sister that she was exasperated
to say several words to her when she found him as she
had; but that she w.is sorry for it now, seeing her si-
tuation, and wished to shake hands with her, which she
did; but that her husband was a scoundrel ; and said,
as she was going out of their hall, she should make fur-
ther inquiry about what had been represented to her of
her and the house to which she had followed Mr. As-
pinall in. Her sister fretted very much after this had
happened, and she could not get her to speak all that
night ; and all that she said was, she was 'a lost and
broken-hearted girl. She laid down on her bed and
I was worse. The day following she continued poorly,
but was able to come down into the parlour. She con-
tinued so for three or four days; the defendant called
the day alter; I saw him and said, you are not to be
admitted into this house any more. His wife also
called two or three days after, and saw her sister. She
remembers her sister told her that he had said if any
thing should be said of what had happened, it would
be the ruin of him with his father, and requested
his letters back, and her' sister gave them him back,
as she thought she was dying. He had written a letter ;
she had heard half of it, he read it in her . presence.
It was addressed to her father. She can only recollect
a few words. It was to this effect, that he was infatu-
ated with her sister—he adored her, and that he loved
her to distraction. He called the day atter the letter
arrived. M. s. Aspinall called afterwards and saw her
sister, who was then in bed ; it was between two and
three in the afternoon, and the second day after she had
fainted. The letter was sent to her father. Mrs. As-
pinall called again on the fourth day, and said she hoped
her sister was so far recovered as to be able to go to her
house and take tea. She did go; it was at Mrs. Aspi-
nall's urgent request. She was still very poorly. Mr.
Aspinall has five children. His father called on her sis-
ter, is company with his eldest son; he said, you are
coming to tea with us. The brother afterwards came
for her, and said it was at Mrs. Aspinall's particular-re-
quest he had called, and that her coming would clear
her character up, and that Mrs. Aspinall Would make
her her companion. Her sister then went and stayed at
the defendant's house for three months ; still she grew
worse; she was attended by several medical men at her
father's house, but did not mend in her health ; she
was supposed to be dying; and Was given up by the
physicians; she is better now, but still very poorly.—
Witness did not go to Mr. Aspinall's ; he said several
times to her sister—" Nlatilda, I have brought disgrace.
and scandal upon you and your family, which I am
very sorry for, and it is my duty as well as my inclina-
tion to do all for you in my power;" and that he had
made a settlement upon her. He said he would provide for
her as long as he and she lived. He said that he would
allow her 1001. per annum, as she would always want
medicine and a physician to attend her. The defendant
called frequently to inquire after her sister's health, and
said that lie should never foigive himself ir she died.
He came frequently and was occasionally permitted to
see her. He conversed with witness about her sister ;
one time he was admitted up stairs, and uttered the
following ejaculation, " Oh, Gorr! what am I to do
for this poor girl ? she is dying I " this Was in her bed-
room; he got her letters afterwards; witness had been
on a visit to Manchester; she was married there; she
continued there until February last, when she received
a letter from the defendant to come to her sister ; she
(witness) was ill at the time ; she came instantly, poorly
as she was herself; her sister could not speak.
Mr. Swum—Yon know his band-writing?
•Witners—Yes.—(Letter read, to this effect) t
" Alv 14411 ISAIKLIA—Tour poor sister lies dangerously ill, sad
her recovery is very doubtful. She has been bled to profusion ; you

know her tender complaint. Dr. Ilea :they (Coo forgive him!)
does not, appear to understand her complaint. Dr. Trail has been
called in, whose attention to her can never be forgotten by me.
I pray that you will come immediately; but take care of your
own health, and make it your first consideration.
" Believe me, my dear liahella, Etc.
(Signed) "THOMAS ASPINALL."
Mr. Bits:sutras: cross-examined the witness at great
length, but elicited nothing, of importance to the case.
She denied that her sister had regular allowance from
the defendant, or that she had ever, to her knowledge,
walked out with hint and that she had sustained a hurt
while in Yorkshire.
Cecilia Hampson examined by Mr. Cnosarrost—She
now keeps the George Inn,. at Liverpool. She knew
them (the plaintiff's family) a fortnight, After she
came to Liverpool, she was in the constant habit of
calling on them. She saw the defendant ; he used to
call to see Matilda Wait. She introduced him to her
by the name of Thomas Bromfield; this was in the
summer of 1821. She saw him in the stieet, and he
answered to the name of Bromfield. She never saw him
at the plaintiff's house. She saw him twelve months:
ago ; he came to her father's house, and said he heard
she was dangerously ill. He said to %sinless that Miss
Wait was as lovely, as innocent, and as virtuous a young
creature as any in the empire. He asked to he admitted
to see her. She told him that her mother would not
allow him to come into the house, and if she did admit
him, that she was sure she would commit violence on
his person. She has seen the caps, &c. at Mrs. Gray's ;
he brought them, and witness saw the preparations
going forward for the wedding. She saw bonnets, &c.l
She heard Miss Wait say they were neighbours.
Cross-examined by Mr. Banuceam.—This was nine months ago ;
it was in her 'father's house. Witness never saw her in the parlour.
The defendant came to visit her. She never saw him after the dis-
covery of his being a married man. She has seen the plaintiff fre-
quently since.
Thomas Neil, cross-examined by Mr. SC ARI ETT —lie
is a mercer, and resides at Manchester; Isabella Neil is
his wife, and she is the sister of the plaintiff; they were
married on the 12th of July last, but he refuses to tell
where they were married ; he became acquainted with
her at her father's house in the years 1822 and 1823; Nlr.
Aspinall himself told him that he courted Miss Wait,
that he was infatuated, and unfortunately attached to
her; that he had passed as a single man to her, and
that but for its being detected by Mrs. Aspinall, he cer-
tainly world have married her ; that he could not resist
the passion he felt ; that he was infatuated, but that she
was as innocent as she was lovely. When Dr. Ma-
cartney was called, he knew her complaint, and had
reported it to the defendant, who said he felt great
anxiety about her; he pressed for more Doctors; be
doubted Mr. Beard, and wished others called in.
(A letter Was then put In and read, directed to the witness, to
the following effect, dated 44th February, 1824.]
"My dear Thomas—l sm afraid your poor sister Matilda is
worse. If you wish to see her alive, you and Isabella must come
directly. She is supported by the Mations.: alone, Etc.
(Signed) " THOMAS ASPINALL"

Examination continued.—On the receipt of this let-
ter he proceeded to the house of her father, and found
some Ladies with her; she was very ill; he saw the de-
fendant, who would have other medical men called in.
Mr. Beard was at that time in attendance. Dr. Trail
was called in. Defendant told witness that he intended
to make an ample provision for her for life, as he knew
he was the only cause of her illness.
Dr. M'Carthy examined by Mr. WItLIAMS.—He is
a physician, residing at Liverpool. He was called in to
see the plaintiff in the beginning of the year 1823; he
attended her in Whitechapel, at the house of her father;
she had nervous head-aches; he treated them as such;
she• had a great deal of fever and palpitation of the
heart, pains in the head, side, back, and occasionally
fainting fits; distress of mind was very likely to bring
on such symptoms; he had only noticed these a few
days ago; they might be brought on from disappointed
love. He saw her in the months of June, July, and
August last ; she continued in that ailing state; he saw
her in February, but not since. He never thought her
to be in the dangerous state described.
The following is an abstract of the bond, dated July 9, 1824 :
" I T. A. do hereby agree to pay M. W. during the term of the
natural life of the said M. W. the sum of £lOO per annum, during
so long as she shall live, but to cease on her marriage or death ; and
the said M. W. agrees to accept the same, upon this express condi-
tion that she shall not sell the said annuity, &c.—(P.S. The-origi-
nal to remain in her hands.)—But if she marries, or attempts to sell
the same,
_ then this agreement to he null and void."—Witness, &c..
Mr. Biroucruax—This was in February, 1822. This bond had
not been carried into effect.
The Arrosnar-GaNalw. then said, this is our case, my Lord.
Mr. BROUGHAM immediately rose, and commenced
his address to the Jury :—He had never since he had
attended a Court of Justice known of so extraordinary
a case. Its circumstances were in fact so singular that
he almost doubted their reality. He deeply regretted
that the plaintiff had ever brought it to trial, for who
could help sympathising with the wife and family of
his unfortunate client ; and who could help lamenting
at the dreadful tale told by her own sister—that an
illicit inteicourse (for so it was, although not criminal)
had not been buried in oblivion. Let the Jury look to
the facts, and they would behold in the plaintiff a living
monument of shame. After a time she knew the de-
fendant to be a married man, and still countenanced his
visits, and received presents from him. She did this
too when she knew that an affectionate wife was
well nigh driven to distraction by the husband's
mad act. The defendant also demanded commiser-
ation. Had he not made every reparation he could
justly make, or was he entirely to ruin his family?
The plaintiff had thought to work on the credulity of
the defendant's father ; but, happily, she had been
disappointed, and now, prompted by revenge, two years
after the transaction, she endeavoured to build her for-
tune on the ruin of his unfortunate client. Under such
circumstances it was monstrous to expect heavy damages.
The defendant had not been proved to receive a salary
of 3001. per annum, much less of 6001. or 7001. per
annum, as his Learned Friend had stated in his opening
address. He declared to the Jury that his client had
instructed him not to wound the feelings of the plaintiff
by calling witnesses against her character. But how
came it, he would ask, that this virtuous young Lady
never questioned his client as to his connexions, and
whether he was martied or not? Though he lived in
the next street she had made no inquiries. As to the
bond, even had it been duly executed by the defendant,
a compliance with it must have been his utter ruin.—
When he (Mr. Brougham) remembered that his client
had contemplated the crime of bigamy, he could not
believe he was in his senses ; but, then, mark how the
plaintiff had acted when she found he was mar.
tied, she actually went and resided in his house for three
months ! If the Jary gave heavy damages, they offered
a reward for vice in womankind. Why were not her
parents called—they could best bear testimony to the
facts—but it was easy to see that her father was the
conductor of the scheme now in action. The Learned
Gentleman concluded by observing, that he should call

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