Star.
London, England, 1802-08-16 00:00:00

mean time, tlr: hominy who bronc,,llt the
pre!crit ati r., he:trialg that he was goit,g to take
hotife, and had tome money, the immediately
from het wonted cruelty, and contented to
be hi, br'de. What was his poor eient to do in
fieli a dilemma? Ott the on: hand, there was a
unexpeeTted confent fr,:n the leornful nym;
:11 it who exchifively poffeffed hi, heart, and
tin die itaei, the d—d Harrovatrg.;rl, as he called
her, with her two witneifes, threatening him with
profecution and a jail if lie did not marry hcr.—
\Vas ever a man (to tile the expreflion of the wit•
net's) in fuch a nunedi, ? It had been much
doubt:d by many wi:e phiiotiphers, wheqter fear
oe love was the more powerful fpriti of human
aaions: ft.relv, then, if it thoidd appear
that fear had molt iniltLnee in an holller's
the Jut y would not think he ought to be prmithed
by as endlefs imprifimment, which would be the
con!equence of their giving heavy damages. In-
deed, if the Jury were to give much encourage-
ment to there affirms, every maid•fervant in Eng.
land would be bringing her aftion; for all of them
have had, no doubt, in their turn, nonfenfe talked
to them by idle fellows about love and marriage,
and in the pretence of tome Mrs. Sly. It ap-
peared by the plaintiff's evidence, that (he had
fuffered no aftnal damages, as the Rill retains her
lituation in life, and her place at Mr. Stockdale's.
Lord ELLENBOROUGH find, that it had been
clearly proved, that the defendant had, both by
his conduft, and by his exprefs promife, railed
expectations which he had defrauded, and hopes
which he had deceived : the Jury were, therefore,'
bound to give compenfation in damages for the
injury to received limn the defendant by the plain-
tiff. There were, however, no very aggravating
circitmllances attending this cafe, and, in giving
darriai;es, the Jury ilvutld take care not utterly to
ruin the defendant. The defendant had himfelf
admittei that th4ty guineas were too little ; it
th;:refrrF appeared, that the Jury ought not to
give lefs damages than what the defendant him-
iell appeared to confider as an adequate corn.
penfation.
The Jury, atter a few minutes confideratien,
found for the plaintiff—Fifty Pounds damages.

SURF IX ASSIZES, GUILDR:),RD, AUG. 12.
JUDWISE 9. CUNNINGHAM.-••••TiliS was 311 :union
for monies paid to defendant's tire. The plaintiff
is a man n' large property in the County of Surrey;
the defendant an half-pay officer.
Mr. Serieant Bes-r, niter a fhort addrefs to the
Jury, called the following witneffes to prove his
cafe :
Mr. Stacey, an Attorney, proved that the
plaintiff had paid 151. for the defendant, a miti-
gated penalty hr had incurred for (hooting with-
out a licence. Witncfs added, that he had a bill
againft Mr. Cunningham of 141. for law expellees,
Which h.: had charged to the account of Mr. Jud-
wine.
On eras-examination, Mr. Stacey admitted, that
the plaintiff and defendant had become acquainted
with each other in corifecjacnce of an advertile-
ment, which the former had inferted in the newt:
papers, requiring a perfon to look after the game
on his elate, and to prevent poaching ; for which
he was 10 have a houle to live in free of all ex-
pence. Witnefs afro admitted, that the plaintiff
had brotylit his aaion against a fa:m.l: for tref-
palling on his prernifes, for which he had recover-
ed a farthing damages ; alto another action for an
affault, in which Mr. Cunningham (as dated by
Mr. CARRoW) had refilled to become a witnefs.
Mr. Stacey confeffed he had prepared an affidavit
of debt limn the inftruetions he had received from
Mr. Judwine, wherein Mr. Judtviae !wore to the
defendant's owing him Sol. and upwards ; and in
the items of which was charged 81. for a butcher's
hill the defendant had incurred; but which the
witnefs conferred he could produce no proof of
Mr. Judwine's having paid.
An. :her vs itnefs proved that he had fent a quan-
tity of wo-d and potatoes to Mr Cunningham,
while he relided in Mr. Judwine's cottage, which
the plaint'ff had charged 131. for. On crors-exa-
miaati. a, he conferred, that at the time he fent
diem In he did not know hi:, mailer, Mr. Judwine,
meant to charge for them, and had taken no ac-
count of them, :ill his mailer one day oh:et-veal to
him, that he did not mean to give Mr. Canning-
barn the potati es and wood for nothing ; therefore
infi'led on his putting a price on them. Mr. Jud-
wine did not deal in thole articles, they were the
produce of his land.
Mr. GAR sow role for the defendant, ohferving,
that he felt it his duty to advife Mr. Cunningham
to iudilt the plaintiff for perjury, fhould he oblige
him to proceed with the defence, inafmuch as he
/sad fworn to a debt of 501. and upwards, due to
him from Mr. Cunningham, for which there was
not the Imallefl foundation in truth for doirg. He
threw out that hint, which the plaintiff might profit
by, if he thought proper, and would wait a reply
from his Counfel.
Mr. M. kit YAT, of Counfel fon.the plaintiff,
told Mr. Garr ow tha: it was his advice that the
plaintiff fhould go on without hefitation or referee.
Mr. GARROW observed, that he was fore the
advice was 110110, and done for the bell, as far as
concerned the Learned Counfel; but he fhould
prefently fly.:w that filch advice was perilous to pur-
foe, as he fhould prove beyond a doubt that Mr.
Cunningham was not indebted tohim inoneguinea,
having paid the t 51. into Court, which Mr. Judwine
had advanced to him, and that ail the reft were
lions lica:led up to incr,:a;ii the debt to soh ; Mr.
indwine ftippoting Mr. Cunningham would be in-
caj:..l)le of finding hail, and he fhould have the
bi oral I:irkfaetioa of teeing him in a gaol. But to
stlirrn. Mr.). made adidavit of 581.65. due to him
from Mr. C. Among the items of his bill was a
-balance due from Mr. Cunningham to Metfrs.Page
and Curl, cif that town ; which balance, faid Mr.
Carrow, has not been paid by Mr. Judwine. The
neat was edit lent, t 51. that had been paid into
Ccilit, and was the mitigated penalty the defen-
dant bad incurred in Mr. Judwine's fervice. The
fail item, therefore, it would appear, was falfely
(worn to have been paid, and for which the Cri-
minzl mil and tltza be put in execution.—