Star.
London, England, 1825-11-05 00:00:00

LAW REPORT.

COURT OF CHANCERY, Novssmaa 4.
DOUCHE V. PETERS.
Mr. HORNE applied for an injunction to restrain the
defendants from effecting a transfer of money in the
hands of the Accountant General and in the Bank, ac-
cording to an order of course obtained for that purpose.
In the year 1770, one Nicholas Jacquinet came over to
England, and lived under the assumed name of John
Pourtois. He acquired, by his application to business,
a very large fortune, amounting, in fact, to hundreds
of thousands of pounds. He lived to an extreme old
age, and died in 1818. In the year 1801, being then
72 years of age, one Anne Peters, a scullion, discharged
from some great family, was introduced to him. He
took lodgings for her, and cohabited with her. She bore
him three children, and put them upon him as the
father, though it was now in proof that she was preg-
nant wi;h one of them at the time of his first seeing her.
The deceased had three illegitimate children before his
connection ss ith her. He made a will, disposing of the
bulk of his immense property in favour of his children.
Afterwards, thinking that the security of the will was
too loose, the parties induced him to effect a deed of
gift. On the suggestion of one Giles, an attorney, of
Shire-lane (as it is stated in the pleadings), Anne Peters
persuaded him to make a will entirely in favour of her
children, to the exclusion of his first offspring. The
' executors named were all men of respectability. and
nothing improper was attributed to them. Anne Peters
becoming apprehensive that the circumstances under
which this will was obtained, the testator being by this
time, as would be clear from the evidence, . decidedly
of unsound mind, by the advice of the same attorney,
she then obtained a transfer to her children of the
greater portion of the funded property. The first
draught of this last instrument (the paper wss handed
up to the Court) contained these words—s, In the
event of the aforesaid will being disputed." It was
conjectured that the words were too well calculated
to raise suspicion of themselves ; they were struck•
not, and did not appear in the deed. It would be
shewn by the evidence, that he was at the time totally
ignorant of the effect of what he wai signing, and
incapable of understanding it. Until the age of 67 the
conduct of the testator was known to have been unex-
ceptionable. He then altered his conduct, and began
ft:career of utter depravity. He addicted himself to
the lowest vices, and kept the worst possible company.
He frequented an infamous house in Gray's-inn-lane,
kept by a woman named Trippeau, with whom he
inhabited ; she and a woman called Brown acquired
[great influence over him ; they were anxious to get some
. f 'his property ; they tut him in a chair, bound him,
held a knife over him, and threatened him with death
if be did not comply with their demands. He signed
a note of hand for a considerable sum, and escaped out
of the house with difficulty; the women were tried for
the offence at the Old Bailey, and found guilty. He
afterwards took Brown into regular keeping in the
house of a respectable man at the west end of the town.
Trippeau there introduced, to him Ann Peters as a
companion for Brown, who was soon discarded to make
way fur her. It appeared in the evidence that the
conduct of the group became outrageously wicked and
indecent ; three or four prostitutes would be brought into
the house at a time, without any observance of the differ-
ence between day and night. The landlord, finding them
to be quite intolerable, got them out; and they took
apartments in a house in Si. Martin's-street., Leicester-
square. The inmates of this house had deposed'that be
was in their conviction of unfound Mind. That evidence
was corroborated by the testimony of his. three eldest
children, who were provided for in the will by moderate
legacies. The funded property was already its Court,
but being,appropriated 'in thirds to the progeny of
Anne Peters, an order had been obtained for tranfer-
ring the portions to the names of two of them, daugh-
ters, who had attained the age of twenty-one. Thepre-
sent motion was for an injunction to stay them from
proceeding on that order until all the. causes were
beard. Proceedings had been instituted in the Ecclesias-
tical Court to set aside the will on the ground of in-
sanity. The plaintiff appeared to claim the property
on behalf of himself and the kindred of the testator. He
had accordingly taken out administration. The reason
why this application had not been made sooner was,
that one Cabal, who was next -of kin and the proper
claimant at the death of the testator., bad died within
the last fifteen months. He expired in extreme want of
the necessaries of life, and it was proved. that be had,
declared at the time of his decease that Pourtois was of
unsound mind, and that he would, if be were able, in-
stitate proceedings to recover the property. The present
plaintiff had come over here in 1798 as secretary to a
commission for an exchange of prisoners, and had con-
tinued to reside here ever since. Claud Riaudean, and
other parties, for whose Interests he appeared in common
with his own, were persons residing abroad, with whom
he bad to consult, otherwise the application to the
Court would have been more prompt.
The Loan Csassmcou directed that the order should Isere.
The parties. however were to be served with the whims* as soon
as possible, and notice should be gives to them, that they might
come lute Court, and be beard as speedily as they thought
COURT OF ICING'S BENCH, WESTMINSTER, Nov. 4.
JANE STODDART. V. SANDERSON AND OVUM
This was an action brought by the plaintiff, who was
a servant, .to recover from the defendants, who are the
proprietors of a stage-coach running between Brighton
and London, compensation in damages, for an injury
sustained by her, in consequence of the coach having
been overturned in a journey from London to Brighton.
It appeared 'that the plaintiff WAS a lady's maid, in
the service of Mr. Peyton, and followed the family to
Brighton in September last, outside the defendant's
,conch, which, from the restiveness of the horses, or

Punskilful *stinking of theii Was WA nitd bank At,
Cuck6eld, and the whole of the passengers thrown off.
Plaintiff's elbow was dislocatkd, and she had lost the
use of het arm.
The Loan CHIRP Jusuca, in summing up, said, that
if the Jury should be of opinion that the defendants
had. employed in working the coaChan unruly or im-
proper horse, or a negligent or unskilful coachman,
when this accident occurred, then their verdict must be
for the pl4intiff.
The Jury retired at bar-past two o'clock, and returned at half-
past four a verdict for the plaintiff—Damages 4001.

SAUL V. THORNTON:
This was an action to recover damages for an injury
sustained under the following circumstances :—The
plaintiff occupied a house belonging to the defendant,
at Limehouse Causeway. In consequence of a desire
to turn the plaintiff out of possession, the defendant
sent men who unroofed :he house. and turned the plain-
tiff, his wife, and children into the street.
The Jury returned a verdietv-1001. damages.
SHERIFFS' COURT, Nue. 4.
GRIN. CON.--COULD V. TANNER.
-

This was a Writ of Inquiry before the Sheriff of
Middlesex, to tax and assess the daMages in an action
of Crim. Con. brought by the plaintiff against the de.
fendant, who had suffered judgment to go by default.
—Damages 5,0001.
Mr. BROUGHAM said, the Jury were now to assess
damages for an injury the greatest which one man could
inflict on another. The Gentlemen of the Jury had
frequently heard the arguments usually adduced on such
occasions, and must expect a repetition.—They were
now called on to repair, as far as they could, the griev.
ous injury sustained by the plaintiff, and were to give,
not merely compensation for what his feelings endured,
but a vindication to his character, which would be de-
graded in society if he got but trifling damages. The
plaintiff, a Lieutenant Gould, was of respectable rank in
the Navy, with a fortune not very large, but adequate
to that of many a gallant men. He married from af-
fection. H, r father was a Clergyman, son of one of the
greatest ornaments of English literature, the Rev. Mr.
Wharton. Defendant was the soo of a respectable Stk
licitor at Salisbury, and was first cousin to the- Lady
seduced, which was a circumstance of material aggrs.
ration. The Learned Gentleman, after several ingeni-
ous observations, concluded by again hoping that the
Jury would give such damages as would prove a warn-
ing to society, a compensation to plaintiff, and vindica-
tion to his character. The Learned Gentleman then
called the following witnesses:—
William Gould—Plaintiff is his son, and a Lieute-
nant in the Navy on half-pay. He was married to Mrs.
Gould in February, 1821 ' • he had several opportunities
of seeing that they lived happily together until the pie-
sent affair happened, about four months ago; he knew
Mr. Tanner, first-cousin to Mrs. Gould; fainflies were
on visiting terms.

Cross.ezi-mined by Mr. C. ox Seasurr--Kept an Inn twenty
eight years ago ; since a farmer and a miller • believed his daughter-
in-law was twenty-four years old; her halm* perhaps twenty-
eight ; witness did not like the match, u Mrs. Wharton seemed'
too gay; consented when his son was obstinate; supposed all Mr.
Wharton's debts were paid; did not hear Miss Wharton was
averse to the match, or was previously attached; never knew a
couple more happy.
Mr. P. Brown, Purser in the Navy, on visiting terms with plain-
dß' and wile • always thought them happy.
Elizibeih Drew—Was servant to plaintiff at Salis-
bury ; Tanners and Goulds visited ; thought the Goulds
liired happily ; took
.: letters front Mrs. Gistild to Mr.
Tanner ; gave them sometimes in presence of his ser-
vants ; saw letters from Mr. Tanner to Mra. Gould ;
saw her Mistress and Mr. Tanner together at different
places; heard them kiss; often more than an hour to-
gether in a back passage (did not say in what house):
Thomas Shergeld—Wad servant to Mr. Tanner's father. Witness
proved the several letters to be in Mr. Tanner's band-writing.
Cross•namined—Mr. Tanner's father was twice Mayor of
SalisbUry,

The klowing letters were then put in and read :
The first letter was directed to Mrs. William Gould, Blenheim,
but without date • it begins " My dearest Charlotte;" but was
otherwise Immaterial, except the postscript :
"Duo Comm ons—l have written you several letters with lemon
juice, but you have only answered them by a fornial note. This is;
therefore. to request. you to write to Brown. street, and tell me
everything I asked, particularly whether "it is, or is not so !" I
would rather know it was than be kept in suspense. I you
like Blenheim and the inhabitants, I am afraid too much.h7fel do
not bear from you in a week, I shall think you have ceased to love
me, ant shall never write again. I have just played a game of MI.
Herds with Mr. G. If Ido not hear from you by this day week, I
shall make up my mind as to my future conduct.
Adieu, believe me ever unchangeably your's, "JOHN. •
" When you write a formal loiter, you can write a little with le-
mon, orange, or onion juice.—Adieu.
The second letter was directed to Mrs. Wm. Gould, Egham.—
It was dated Salisbury, October 16, 1825, but of no particular
osasequenee.
The next letter bad no date, direction, nor post mark.
The postscript w.a as follows
Since writing the above, I find your mother here ; she told us
you had come to the door, and had been walking with your hus-
band: I wish its may Noss mu secs. I hope you had a pleasant
walk. Ido not doubt it, as you were walking with your first love,
sous own massso emotes."
The remaining letters were as follow :
(No date, direction, or post-mark.)
" Mr Moans DIAZ lissom Cmakt.orrs.—l did not think,
dearest Charlotte, I should have felt the parting frona you for so
short a time so severely as I have. My heart is almost broken.
more particularly as I find you are not PARTING PROM nue. 1
thought bow it would be—you are going to Hyde, and he will be
there too. If he stays there (do not think me unkind) I shall
not write to you; for I understood you were going there en pur-
pose to part from him ; but it you are still to live on as his wife,
I have nothing to do with you ; I told you I would not have any
thing more to say to you unless you left hint ; but if he is to be there
with.yoo, and sleeping with you as usual, you may as well have
stayed here. Do not go to the Ball; when that is over I beg of
you to write to me.. Nothing shall tempt me to go to the M.
Meeting. I dare say hewill be there, and try and persuade you to
go to the Ball; if you do go I know what. Do not, pray, forget
me, or suffer him to do ft. "It Is so." Let what will happen. I
can never love you less. I beg of you to write as soon as possible
to him, saying you do not wish ever to come back here to bin
again, or live with him anywhere. God bless you, my beloved
Charlotte, ever, ever yours. " JOH N."
I will seal my letters to you with Mary.' If you love am.
remember your vow at Church, never to let any one pay you at
tendon or study.' Mind and tell me how F—y and Macara
are. I shall expect a letter Sunday morning. I shall look forward
to that tittle with the greatest anxiety. Mind and look towards
Salisbury at nine o'clock, and at the moon if there is one. Pray
don't forget me. Goo bless you. ' Adieu."
Directed to Mrs. Wm. Gould, W. P. Brown's, Esq. Hyde, Isle of
Wight, Hants.—(No Date).
• In a wistseript to another letter, be said— •
" I att afraid rr is so. Do tell tote the truth. Is it or not ? IF
any one sees this, and Mary cannot direct another letter, I will
direct to C. M. W. Post Office Ryde, and put it in any day you
mention in your next. Mary desires kind love to you. Can any
one see you bathe? Write to me soon. What makes you in sock
bad spirits? lam afraid it Was"
"I am afraid IT WILL as so. You say you never cease to think
of me. lam sure, dearest Charlotte, .I never forget you for one
minute. I never can love you less than I do now, and I think it
next to impossible that I can love you more. Adieu, my beloved
grife ! believe me ever unchangeably your most devoted, affectionate
husband. "JOHNNY.
" Your mother said you were going to Cowes and to Portsmouth,
and Mr. G. was coming to meet you, and you were going to die
Dock-yard. Is that true ?

" Do write toon,and tell me what

he vrrike Wink, alter ii si signed aunire foie kali* airier a in
' kissed yell when he kft you at Hyde, W be slept with gas, and tri,-
Is is so. Mind and answer these clestials. God bless you, my
dearest, dear wife. Adieu !—Donot hrget me. Mind and tell
the wit It ed.":

••• • .
thiCi•••6 ..dbeii da son, or pastatark.)
,: • •."
" Dims/art gait home safe last night. I Was ?rued at
year being obliged to go to-him but if yOu arh resoluie, all will be
well. ' You know what my revelation is, and I. will abide by it;
that hi, if you laic Sarum with him, or continue to hie with him,
you late me. Write to .me bpand•lite. Is Joe gone?.
" Adieu, 4ra:eh Mirky, ever only yours; " YOH N:
" Do riot ask me to come down to-night: If my father kaki to
you aboot leaving him. satyou married him to picker your mother,
but that you are in otafa6le • - cannot live so any looser."

you .
Obis letter is written in T
pencil.) •
The Common SZRJRAN Addressed the. Jury for the
defendant; and in.a most ingenious speech contended
that his client, instead of being the seducer, was the -
person seduced.. No Lady had been celled, to speak to
the terms on which the parties lived ; no
.evideace was
given as to the Lady's age—and. in the absence of evi-
dence on that point. he had a right to presume that she
was older, and more experienced than the defendant. It
was clear that she had deceived both the defendant and
her husband at the same time; and therefore the plain-
tiff could have sustained no great,injiiy in the lots of a
woman capable of so acting, in a single year after her
marriage. This was not, a case which called for heavy
dam sges. . Here was no.proof ts( long•practibed arts of
seduction, and breach of friendship.. The 'parties had
been mutually atta .hed before the Lady's matriage with
the plaintiff; and, under all the 'circumstances of the
case, he (the plaintiff) had aright to calinhite upon the
consequences of such a union.' 'He .4ft the case with
the Jury, under a conviCtiokthat they would give those
temperate and moderate datitiges, to which the plain-
tiff was entitled. •