Star.
London, England, 1818-04-06 00:00:00

CORX-EXCH INGE, APRIL I.

ASSIZE&

SOMERSETSIIIRE. •
GIUM CON.—THOMAS V. TIMM.
This was an action brought to recover damages
from the Defendant, for criminal' conversation with
the Plaintiff's wife. The damages were laid in the
declaration at 50(X)/.
The Plaintiff, Proctor William Thomas, was
clergyman, who was born in this county he was a
respectable member of that profession. The Defen-
dant was a physician ; it was one of the aggravated'
circumstances of the case, that he was of the medical
profession, and that he had attended Plaintiff's wife,
as such. He was, therefore, guilty of the More seri-
ous crime, for in addition to the ordinary restraints
by which the conduct of mer. should be regulate*
there was an obligation in consideration of the con-
fidence necessarily reposed in the profession. The
Defendant was also a married man with a family,
which should harevented him from committing
an act in which another family would suffer beyond
all possibility of redress. It would appear in evi-
dence, that the Plaintiff was a curate of a portion of
the church of Plymouth, and had been obliged to
absent himself from home to perform his duties, and
that the Defendant took advantage of the situation
of the Plaintiff, and paid the visits to her which pro-
duced this illicit transaction. Both the Plaintiff and
Defendant resided- at Tiverton. They were on term
of intimacy, and it appears that at the death of Sur-
Bridge, who was na the habit of attending Mrs.
Sur-
geon
Thomas in her accouchement, Defendant was called
in to perform the duties of acconcheur.
Serjeant Pets., tor the Defendant, said it was not
his instructions to attach any levity to a lady who
had been mentioned ; but if she had appeared she
could have proved a great deal on the part of the
Plaintiff, who did not hesitate to leave his wife by
herself for weeks together, while he was amusing
himself with rural spor,ts.
Mr. Justice HOLIOYD summed up the evidence.—
The fact of adultery, he said, had been clearly
proved ; and the attempt to throw a reflection on an
absent witness as to the terms on which the Plaintiff
and-his wife lived, had neither succeeded ; nor, if it
had, could have extenuated the conduct of-the De-
fendant, who had taken advantage of his professional
opportunities to seduce the wife of his friend. But
if any fact was necessary to prove an attachment
upon the part of the husband, it was surely that of
the offer of forgiveness ; and his conduct was wholly
free from reproach when he determined, upon find-
ing her affections were criminally estranged from
him. lie\ et- to see her more. The Learned Judge
conclude 3 with observing, that if the evidence of the
Lady could have benefitted the Defendant, he could
have called her ; but of that circumstance there did
not seem to be the slightest probability.
The Jury immediately found a verdict for the.
Plaintiff—Damages, 20001.
LANCASTER, APRIL 1.
BREACH Of PROMISE OF MARRIAGE.
ORFORD V. COLE, ESQ.
Mr. PARK stated, that the plaintiff in this case was
Mary Alice Orford, and the defendant Thomas But-
ler Cole, Esq. The declaration set forth, that in
consideration the plaintiff would promise to marry
the defendant, he, the defendant, undertook to marry
the plaintiff; but instead of so doing, he had mar-
ried another woman. The defendant pleaded they
general issue.
Mr. TOPPING said, the plaintiff was a lady of the
age of twenty-nine; She was the daughter of a person
whom he had known in early life, Mr. Orford, a sur-
geon, of great respectability and character, who had
hied many years in Warrington: her father was a
man in extensive business, and who had besides con-
siderable real and ms. property. She was one
of four children. -In 1810 her father died, and his
widow, Mrs.Orfnrd, who had connexions in the town
of Liverpool, changed her residence from Warring-
ton, where she was born, and went to live at Liver-
pool. Soon after, an intimacy commenced between
the defendant's family and Mrs. Orford, for Mrs.
Orford was connected by marriage with his family,
she being his mother's first cousin. It was therefore
natural to suppose that an introduction between these
families would take place, and that it would increase
so as to become a familiar intercourse. The defen-
dant, Mr. Cole, whose name was originally Butler,
was the OM of a person of that name living at Liver-
pool. The defendant's father had been once a per-
son of fortune, but of late years had only an appoint-
ment in the port of Liverpool. He was what was
called one of the searchers in the Customs. In con-
sequence of this familiarity, intercourse, and visiting,
the present plaintiff and Mr. Cole became acquain-
ted. Mr. Cole had succeeded to a very large for-
tune by the death of an uncle. He had received an
accession of fortune, and the mansion house called
Kirkland-hall, in the neighbourhood of Garstang.—
The defendant's mother had the superintendence of
hi, household ; and the familiarity between the fami-
lies having been continued, Mts. Butler, in February,
P-17, being then at Kirciand-hall, wrote an invita-
tion to the mother of the plaintiff, pressing her and
her daughter, of whom she had a perfect knowledge,
to pay her a visit at Kirkland hall, and she accompa-
panied her request by a statement that it was on the
part of herself and her son. Mrs. Orford had been
for many years in a precarious state of health, and
he was sorry to say, that at this day it was doubtful
whether she was in existence : he regretted it the
more, because her testimony would have been mate-
rial for the plaintiff. Mrs. Orford had declined the
first invitation on account of the state of her health ;
it was renewed, and in March, Mrs. Orford and her
daughter having received a second invitation, Miss
Orford accompanied her mother to Kirkland-hall,
where the mother of Mr. Cole was. She was recei-
ved with more than polite attention—with all the
sincerity of friendship. Every attention was paid to
her—every possible civility shewn her. Everything
was done to convince the parties that the visit was
not only considered as an obligation, but as a source
of great satisfaction. Mrs. Butler had long known
Miss Orford and her mother. She knew, what no-
body could deny, that Miss Orford was well educa-
ted, accomplished, sensible, prudent, and, he might
add, a lady of considerable beauty. The defendant's
mother seemed pleased with the visit of her two
friends, and the defendant, Mr. Cole, appeared no
less so. After they had passed some days at Kirk-
land-hail, there could be no doubt that Mr. Cole had
Leccine, and that ldrag before this visit, in love with

Having had a very large arrival of Foreign Wheat
since this day week, caused dull sale for that of our
ova growth, both on Friday and this morning, and
our prices for the best English are full 2s. per quar-
t.:clfea-cr ; hut the Foreign Wheat, being of fine
t sold very readily at the above decline.—
i, Is. per quarter dearer than on last Monday,
s al.nng a large sugply from abroad which
ir..t lel sde to the rnaltsters, on account of its ex-
(t'it nt qua':r.y.—Oats are Is. per quarter lower.—ln
414 Beans there is little or no alteration.
MUSH. Sintil Beans
rtar, ISect acd Tick ditto
V. ~z Vls 94s Oats, Potalee
t:: 1 76s 9'2i Poland
lk,ack :Cs sus Feed
Flour, per Sack fns
Rapeseed, per Last 4:0 .1:32
roaracra.
'Theat, Datitzic
'ed.Tiz.tntre cr

4Fs 524
7ts 46i

.5 :21

70.

B.i7trs
G:ey

ti6s 50s
Ms 57s

COD 'ss

Et,;ls 3.:e
44s 4Bs

$7.71711/7ELI) tii

ICI 28s

7: :TOL the c

ROs 96s

T:i~~:

11,7.!in1,-::it r.d :es :::0,

this lady ; and acueeslingly, when Mrs. °dad had 'ph:mounted their Veretict for tied Plaintit —petals. a
been one day taking an airing, hi bet carriage, he I Seven Thousand Awn&
availed himself of the opportunity of disclosing his On the subsequent morning, Mr. SCARLETT MCYIPCI
eentiments to Miss Orford. This was comfilttnieated for a-rule to shew cause why a new trial should not
to both their parents, and was perfectly satisfactory be granted: He submitted his application on tWo
to both. Miss Orford remained a fortnight at Kirk- grounds. Ist, That the letters containing the eon-
land-hall, during which time it was understood by tract of marriage had we beet duly stamped, as be
the defendant's mother that her son had been paying had contended on the trial they ought to have been.
his addresses to Miss Orford, and that his addresses And 2dly, on the ground of excessive damages. It
so paid had received the sanction of both their parents. was upon the latter ground he principally relied. He
There could be no doubt on that subject ; and hi the I observed that it was the first in'tance in any similar
sequel the Jury would be satisfied that the defendants case, in which damages to such an enormous amount
proposals of marriage were with the approbation al had been given. Ile contended, that under all the
his father and mother : he stated this without fear of circumstances of the eau, such very large damages
contradiction. The defendant's father, he understood,' ought not to have been awarded: and he enforced
was in Court, and might deny the fact on oath: the his opinion upon that point by reference telhe same
introduction, -therefore, to that state to which the topics of argument he had addressed to the Jury,
parties looked forward was made with the full assent illustrating his reasons•by adverting to the case of a
of the parents of each. From the month of March lady of rank, against whom one thousand pounds
up to the Ist of June, the mutual pledges of affec- damages had been given, and also the case of a Mr.
tion given by both parties continued unimpaire.l, and Hunter, in which the damages had been to the
it was clearly understood that the marriage was to amount c,f fifteen hundred pounds. He likewise cons
take place. Here Mr. Topping read a variety of the tended that the case had been presented to a Jury,
defendant's letters in confirmation of his statements. whose minds were not in that dispassionatestate which
On the 29th of August, to the astonishment of the the ineestigation of such a subject required and was
family, and more particularly of the lady, it was necessary for the ends of justice; lie insisted there had
publicly announced that this gentleman had entered been an unjust prejudiceereatedthroaltthecouaty
into the married state with a lady, of whom he should against the defendant, and this he inferred from the
say nothing farther than that she was the daughter very extraordinary concourse of people assembled at
of Mr. Grimshaw, an attorney of Preston. Such the trial ; the circumstances of the case had been the
were the circumstances of the present case ; and he subject of general discussion out of Court, and it was
thought that they presented a very extraordinary more than probable, the Jury had not formed theh
cue. That the defendant had promised his client conclusion with that cool and temperate reflection
marriage, was a proposition to which he need hardly
ask his Lordship's assent: it was they were hound in all cases to exercise.
equally clear that Mr. Justice BAYLEY was of opinion, that the ob-
she had consented to become his wife. He had, jection of the Learned Counsel, as to the letter coin
however, deserted her, after having left her the last taining the contract teqniring a stamp, had not the
monument of his afections—the letter of the Ist of least validity. Upon t question of excessive &-
Jane, which contained no reason that could justify mages, he was likewise of opinion there had not heel
his desertion : on the contrary, it was a letter expres- sufficient grounds laid before the Court to disturb the
sive of the happiness he expected on his intended verdict. Taking all the circumstances of the case
union with her. The defendant was now married to into his consideration, he was not prepared to Lay,
another lady, and consequently he rendered it ims that if it had been put to the option of the young
possible to keep the promise he had so repeatedly Lady to have received the defendant as her husband
and sacredly made to the plaintiff. To use the words in preference to the 7,000/. which had been awarded
of the poet to whom hehad before alluded, he had done her, she would not have chosen, to have ccepted him
" A deed, which, from the body of the contract had pluck'd rather than damages to that or any other amount
the very soul, If, then, it was lit ely that she had the election, she
And made sweet religion a rhapsody of words
might have preferred becoming his wife, how colds'
The question left for the Jury to decide, was, what he state that the Jury had estimated the damages -
reparation should be made to the plaintiff in damages
for the injury she had received? As far as they was
hit her rate than they ought to have done ?
the injury fcr which the d;unagcs had been given ,
could redress her wrongs, he was persuaded they •
The injury
would ; and he was happy to assure them, that when
.
description and ample fortune of the defendant.
'they ware considering the amount of damages, they
had a bank to draw upon that would answer all de- there had been any part of the Lady's conduct, frot
which it could reasonably have been inferred that she
viands ; for he would prove that the defendant had
a clear income of not less than 8000/. a year. This was striving to marry the estate instead of the man,
that niight have been a ground for saying she w:„
was the Lank upon which the check.of the Jury was
not entitled to so large a remuneration in tne shape
to be drawn of damages, for she would then have been actinL
limited in their and he was sure that they would not be
eir draft, for he was addressing men on
the part of an injured and insulted Lady ; and he was from an unworthy motive, which neither the Court
or the Jury could have sanctioned. lit,
calling upon them to give damages asainst a man, about the case in every point of view, he could so
whose desertion of her had been unjustifiable, cruel, nothing upon which to cast blame on the Lady's co-
and dishonourable.
The letters were all proved to have been of the duct. Upon the Ns-bele, he thought he oegin. not
disturb a verdict dispassionately given, in a ecar.
hand-writing of the defendant, and were read as
where, if he had been one of the Jury. he might him
evidence. 'self have been inclined to have awarded even larger
Thomas Orford, the brother, deposed to the terms j.,,„ag • The rule for a new trial was accordingt
of friendship on which the families had lived, and to retied:'”"---
the familiar visits which the defendant was in the
+Aft of making previous to, and at the period when
the contract in question was entered into. He stated,
that in a conversation with the defendant, they had
referred to a projected journey to Eyre ; Mr. Orford
had expressed his determination to go in time, upon
which the defendant said, that it was too early—
how would his sister like that ? It would not do for
a newly-married man to leave his wife so soon—this
was on the 28d of April. The same witness stated,
that the defendant had visited his mother at Liver-
pool, and had been uniformly received in the charac-
ter of her future son-in-law. The witness stated, he
had treated Mr. Cole as his future brother-in-law ;
he said, that at his desire, he had handed over to
him the wills of his father and grandfather, with a
view to an arrangement of the property on the mar-
riage of his sister, and that the defendant had laid
them before his father's Solicitors, Wilson and Son,
of Boulton. The witness said, he had never heard
the defendant allege any reason for breaking off the
match.—Upon his cross-examination, he stated, that
the defendant's accession of fortune was rather unex-
pected, and he believed he had not received an edu-
cation quite suitable to his fortune ; he had been at
school at Ptescot, and had left it in 1816. The wit-
ness stated, that the wedding was considered to be
so near .at hand, that his sister's wedding-clothes
were purchased. Witness admitted, that upon the
match having been broken off, he had authorised his
cousin, Captain Wilson, to call upon the defendant
for an explanation of his conduct ; but the precise
character of the message conveyed by Capt. Wilson
did not appear. The witness never heard that Cap- ,
tain Wilson had paid his addresses to his sister. He
believed his sister, when she wrote letters, wrote a
copy first for the sake of quickness and correctness.,
He had seen a copy of that sort which she had
preserved.
The certificate of the marriage between the Defens
dant and Miss Grimshaw, by the Rev. Joseph Row-
ley, officiating minister of Lancaster, was proved by
Mr. Jeffries, clerk to Messrs. Orred and Brook, of
Liverpool.
Thomas Duncan, the Defendant's steward, proved
that the defendant's rentals amounted to 50001. a year.
James Cropper, of Liverpool, one of the trustees
under the will of Miss Orford's father, deposed to
the extreme respectability of the family, and gave a
very high character of the lady : he had ever consi.
dered her as exemplary in a very high degree. Both
the plaintiff and the family associated with the first
people of Liverpool.
Isaac Blackburne, Esq. brother to the Member for
the County, bore the most explicit testimony to the
character of the plaintiff and her family. With re-
gard to the plaintiff, he had always considered her
as the most artless girl that he had ever seen in his
life. He described her as a very beautiful woman,
and a woman of good sense and discretion. Her
conduct throughout life he believed to be uniformly
correct.
Mr. SCARLETT addressed the Jury at good length
on the part of the defendant ; and Mr. Justice BA's-
LEY having summed up, the Jury retired, and, re-
turning into Court in about a quarter of an hour,

Sri! REY—ICINGSTON, APRIL 2.
TRE:WASS,.-ELLIS, ESQ. V. SYKES, ESQ.
• This was an action against the defendant for tres-
passing upon the plaintiffs grounds at Cobham,
this county, and carrying away certain game,
property.—lt appeared that the plaintiff was
owner of the park and grounds in the occupation
his Royal Highness the Prince of Saxe-Cobourg,
Claremont., The defendant was a gentleman of f
tune, and the lord of a neighbouring manor. Th:
days after the lamented death of the Princess Char.
lotte of Wales, and whilst her remains were in
house at Claremont, ti:e defendant entered an
closure called the Oaks, for the purpose of
killi
game. Prince Cohourg's gamekeeper met him,
asked him by what autherity he came to shootthei
The defendant replied that he was on his o'
grounds, and had a right to shoot what game
pleased. He said he had three pheasants, and 11.
wanted another, and although the gamekeeper warned
him off the grounds, he killed a hen pheasant,
carried it' away.
The Jury, under' the learned Judges direction, founi
a verdict for the plaintiff—Damages I s.

CROWN SIDE, APRIL 5.
Bid, a bock-keeper to the Half M(
Inn, was tried for a rape upon Sarah Beach, a
of 15, in his own house, 1:o. S, -Prince's-buildi
Southwark, on the 4th of March. •
Sarah Beach and her mother were examine'
great length for the prosecution. The prisoner .
dared his perfect innocence, but called no wi-,n?sse
Although the evidence was enforced i3y much ,
dity and apparent modesty on the part of the females,
some doubt prevailed as to the consummation of
crime, and the Jury acquitted him.
Mr. EVANCE, the Magistrate at Union-hall,
committed him only for a misdemeanour, and he.
rendered himself in Court just as his recognizani
were to be forfeited. He was now charged ag;
with an assault on Sarah Beach, and his trial bei:
put off till next assizes, he was ordered to find /-
himself in 1001. and each of two sureties in 501.
John Moor, a drummer in the 14th Regima
aged 20, was found Guilty of an atrocious assn,
on Caroline Ruddell, aged 9 years, at Witley, or
27th of February last. He was sentenced to
years' imprisonment.
• MURDER AT GODALMINO.

In the course of the preceding trial, George Cliemte
a farmer at Godalming, aged ts 7, and William
craft, a labourer, aged 44, commined on suspici
having, on the 10th November last, murdered Georg(
Chennel, the father of the former were brought
Mr. GURNEY, for the prosecution, felt himsei
liged to apply to the Court to respite the reel
lances of the prosecutors and witnesses, en aci
of the illness of a most material witness, who)
Lordship would find in the Calendar under the
of Sarah Hurst, an accomplice. He and his bsoi
Mr. HEAT tr, had examined all the evidence
case, and whatever might be their opinion, they
' net feel warranted to go before the grand jury withom
I this evidence. The affidavits of the medical mai
attended' her, and of the attorney for the prosee,