Star.
London, England, 1827-12-18 00:00:00

BREACH OF PROMISE OF MARRIAGE.

COURT OF COMMON PLEAS, Dec. 17.
Sittings after Michaelmas Term ►efore Mr. Justice (ha mar and
a Special Jury.
SCOTT V. WICICZNDEN.
Mr. BUSBY opened the pleadings.
Mr. Ituasett, stated the case.—This was an action
brought by the plaintiff to recover damages for a serious
wrong inflicted upon her by the defendant: The plain-
tiff was Martha Scott, and the defendant was Wm.
Wickenden. It might be said that the transaction be.
tween these parties v as of unusually short duration, the
acquaintance having commenced in the beginning of
April, and terminated at the close of that month. All
this he admitted,but still he would contend that a most
serious injury had been inflicted on his client. The
father of his client was a West India merchant, and at
one time lived in great affluence, but died in embar.
rassed circumstances. The plaintiff was 25 years of age,
and was possessed of very considerable personal attrae•
lions. She had a sister married to a Mr. Colesworth,
who is der k to a broker. The mother of these gills had
been accustomed to let lodgings, but in consequence
of reverses was obliged to live in an humble apartment
in Gloucester Place. They were in the habit of taking
tea with Mr. Colesworth. Mr. Wickenden was Captain
of a vessel, and was intimate with Mr. Colesworth, and
often regretted to him that he was unmarried, and on
coming home always felt uncomfortable. Mr. Coles-
worth offered to introduce him to a lady, and accor-
dingly he invited the plaintiff to tea at his house, and
there she met the defendant. For a fortnight after he
tressed his suit. Plaintiff told him he was precipitate.
On the 14th of April he made an offer of marriage, and
,was referred to the mother, who also remonstrated
upon the haste with which he was anxious to proceed.
' At length, however, the Ist of May was opponted for
i the marriage; the wedding dresses wire made, and the
house taken, the furniture of which was to cost 6001.—.
He now came to the breach which formed the ground
of the present action. On the Monday the licence was
taken out, and on the Tuesday they went to the play,
and there he took offence, because she had forgotten a
great coat ; and on the day following, again he took a
second offence, because she was not at home when he
called. On the Thursday following he called on Mr.
Colesworth, and threw out insinuations that the pla=n-
tiff had been on the preceding Sunday with a young
man, and not with her brother. He demanded rudely
the name of the Lady with whom she had spent that
Sunday, and having got the name of Miss Lunn, he
proceeded to that Lady's house, and there threw out
charges against Mrs. Colesworth, for having slept
on a sofa at Mr. Colesworth's house on occasions
prior to their marriage. On a subsequent occasion,
he met the mother, and in a most insulting way
told her he doubted her respi ctability ; and, although
she offered him references to prove that she was
respectable, he refused to go to them, but said he
would give the business up. If he had retired like a
Gentleman, and stated that he believed dropping the
intention of marriage would be better for both parties,
the present action never would have been brought. He.
however, went to a relative of the plaintiff's, and there
said that she had confidei to him too largely on the
night she went to the theatre. This was false; but he
went further, and repeated to that relative the charge
he had formerly insinuated against Mrs. Colesworth.—
Under these circumstance:, after such ungenerous and
unmanly conduct, the plaintiff had no other choice than
to bring this action, and she therefore came now before
a Jury to ask them for damages for such a serious in-
jury as the defendant had inflicted on her; an injury
not to be measured merely by the loss she had sustained
in losing this particular marriage, but by the probabi-
lity that she may, in consequence, most probably never
be married at all. The Learned Counsel then called
his first witnes,.

i ,

J isiah Colesworth exam'n-d by Mr. Sergeant Ilussezt.
am principal clerk to Mr. Hoskins, a stock broker;
I know the plaintiff and defendant ; I have known the
plaintiff abut four years, and the defendant six or
seven ; I am married to the plaintiff's sister ; in March,
the defendant asked witness to introduce him to Miss
Scott, a request which witness complied with. about the
beginning of April; witness invited them to tea ; the
ladies left the room to get their bonnets when leaving,
and the defendant then said, I think it will do ; he then
asked wittiest if he could prolong their stay until Mon-
day, at 'the house of Mr. Smith, their uncle, which was
opposite to witness's apartments ; witness said he would'
have nothing to do with that; he was a man and must act
for himself ; witness and defendant then saw them home;
he asked witness and the ladies to dine with his mother on
the Sunday; but this was declined ; witness next saw him
on the Monday following, but nothing particular passed;
saw him subsequently, and he repeatedly said he wisheck
the marriage to take place off hand; the defendant is
the master of a We,t lndiaman, but he has not been to
sea for some time; witness was at that time about to be
married to Miss Sarah Scott (now Mrs. Cole:north).
and defendant expressed a wish to be married on the
same day ; on the 23d of April witness met Mr.Wilken•
den; said that it was a holiday, he would go and procure
the licence, if witness would accompany him; they went
accordingly and got the licence ; before then he said
that he had settled every thing, that the marriage should
take place on the sth of May; witness said that he could
not go with him, but if he made it the Ist of May, as
that was a holiday, witness would be at liberty to go
with him. The conversation was here broken off. He
afterwards met the defendant, and he said, I have done
with this business." Some words ensueckbut not relative
to the marriage. Defendant gave orders at Hampstead for
a dinner for six persons on the Ist of May, and said, as
soon as the wedding was over, they would prOceed
there, and spend the day. Mr. Hoskins did business in
the funds for the defendant, but witness would rather
Rot answer any question relative to the property of the
defendant in the funds, as it might be considered as a
breach of faith. Went to look at a house with the de-
fendant for him and his intended wife to reside in as
soon as married. The rent of the house was about 451.
under a lease, for which 5001. was demanded. The
defendant is a man of some properly.
Cross-examined by Mr. Sergeant Whoa—The Lady
is very handsome, and has great accomplishments. Thos
defendant has not many personal accomplishments. He
did not ask witness to look out for a n ife for him—(a
laugh)—but he told witness he should like to meet with
a suitable Lady for a wife. Witness told him he knew •
some Ladies coming to town, and that he would intro.
duce him to them. At that time the two Misses Scott
lived at Camden ToWn, and they came on a visit to
Mrs. Smith. Mrs. Coleswotth and her sister Jane had
been on a visit to Mrs. Longsdale's mother. Witness
lodged there also. The mother was then living in
Hunter-street, and the plaintiff resided with her. The
plaintiff and her sister then took a house in Saville-row.
Witness told the plaintiff that he had a friend who was
on the look out tor a good wife, and be lilted them to
take tea with him, and they came—(A laugh). It was
about ten days or a fortnight after this meeting before
the defendant told witness that he had made an offer of
marriage. The defendant was in the habit of seeing the
•
• •
A.

Ladies daily at the house of witness ; heard of the quarrel
on the night of going to the play. The defenJant never
complained to witness of having deceived him, relativt-
to the Ladies. Miss Sarah Scott had slept at the
lAdgings of witness several times during twelve months.
Site slept there on three occasions, when Mrs. Smith's
soft was home, and they had no accommodation for
her. She had neither been nor slept at his bottle for
three months prior to the introduction of Wickenden.
Wickenden heard of her having slept at his lodgings in
the middle of Aril, and beard that he was angry about
it. Remembers talking Wickenden in the road and
seeing Miss Martha Scott in the street. She turned
down a street. This was before they had a quarrel.
Bliss S. Sentt might have slept at witness's lodging on
the night before that. She also slept at his lodgings on
the night of their going to the play. Witness was mar-
ried on the 24th of May. It was to have taken place
on the morning after the night they went to the play,
and that was the reason Mrs. Colasworth did not go
with them. _ _

Re-examined—Mrs. S. Colesworth slept in the par-
lour of Mrs. King, and Miss King slept in the adjoining
parlour. Witness slept up stairs. Nothing improver
ever passed between him and his wife prior to the 24th
of May.
Mr. Sergeant Wir.oz said, he had not the slightest
wish to cast any imputation on Miss Scott, but he wished
to show that there might be sufficient appearances to
warrant the condect of the defendant.

Mrs. Sarah Colesworth—Was acquainted with Mr.
Colesworth some years before she married him; was,
introduced to Mr.Wickenden at Mr.Colesworth's house ;
her sister was there. On a subsequent occasion (the,
16th of April) Mr. Wickenden made a formal proposal
to the plaintiff; he asked if the plaintiff had any objec-
tion to a union with him.and if not, if she would name
the day; plaintiff referred him to her mother; be
asked if she had any money, and she replied no—nor
did she expect any ; he said that was of no consequence,
as be only asked in order that he might shape his
expenses accordingly ; he then added, that be had 3001.
per annum, sad expected 4001. per annum more
On the death of a brother; he afterwards applied to
witness's mother, and said he only wished for her ap.
proval. The mother said, she feared be was precipitate,
and asked him if he had considered the importance of
the step be was about to take? He replied in the afEr-
*native, and said he was anxious to conclude matters
quickly, as if a certain ship arrived, be must be com-
pelled to go to sea suddenly, and be wished to be mar-
ried previously. Her mother then gave her consent;,
remembers the night of the play, and on that night her
cousin' accompanied the plaintiff; defendant called the
next day, and expressed some anger at her sister not
having brought his coat, and at her not being at home
that morning when he called; on the Thursday following,
the defendant called, in company with a Mr. Edwards,
and said he wasted to know where the plaintiff had spent
the previous Sunday? Witness told him, with Miss
Lunn ; he seemed to suspect she had not, and asked to
hear Miss Lunn's address ; his manner was particularly
unpleasant on this occasion, and witness intimated to
him, that if his sentiments had undergone any change,
it would be more honourable of him to avow it; be
laid that was not the case, but he wished to know where
she was on the Sunday ; witness expressed herself with
some terms of indignation to Mr. Edwards, at the con-
duct e:f Mr. Wickenden; he left the Louse apparently
satisfied, having first received the address of Miss Lunn,
in Bedford•street, Bedford square. A day had been
fixed for the wedding, in my hearing—the sth of May,
which was afterwards altered to the Ist; I never went
out by myself, and stayed out until eleven at night.
Cr osszexamined—l did not see the defendant at Mrs.
Smith's more than once ; on the Good Ft iday. I under-
stood the defendant was the master of a ship, and not
that he was out of employ. After he proposed marriage
to my sister, he said he was worth 3001. a year, and after
his brother's death he should have 4001. more. Defendant
never sail he should break off the match, if he found I
bad been sleeping at Mr. Colesworth's lodgings. I
never said it was no matter to him what I did.—
I heard last week that defendant bad complained
of my having slept at Mr. Colesworth's lodgings; I
believe this was the first time ;, I learned a few days
back, from my sister. that such a remark was made by
him on the day of the match being broken off; on the
day Mr. Edwards was by, the defendant never made
such a remark; he asked me for Miss Lunn's address,
which my sister gave him; I do not know that she was
visiting at the house to which the address was given; I
never SAW her there ; defendant made some presents to
my sister, but I never heard of my sister's going to the
adesmen from whom they were bought, in order to
dispose of them; he bought silk stockings and white
gloves for the wedding. I lodged in the house where
Mr. Colesworth lodged ab.:ut two years; I never heard
that my sister told the defendant it was no matter to
him what I did.

Re.examined—l cannot tell the value of the presents.
My mother had bought clothes for my sister for the
wedding. Defendant gave my sister a white pair of
glove., alma two shawls, and a bonnet, for the wedding.
And he had given gloves to all the persons who were
to attend the marriage. He gave me also a bonnet.
Defendant said his widow would be entitled to an an.
nuity of 5001. a year, and that he had 1,0001. or 2,0001.
S. oc k.
Mrs. Scott examined by Mr. Sergeant Russatt.-1
am the mother of the plaintiff.l lost my husband
about sixteen years ago. He left me with eight chil-
d:en. Mr. Scott had been a West India merchant, and
lived in Finsbury.rquate. He had also a house at Ham
Common, in the days of his prosperity ; he afterwards
became unfortunate. My eldest son is a Po,t Captain in
the Navy. I went to my relation, Mr. Smith, to meet
the defendant. He asked me it I was aware of the en•
gagement between him and my daughter? I said I was.
He asked me to give my consent. I objected, because
of the shortness of the acquaintance. He said he hoped
I would not withhold it, as his happiness depended upon
it. He said if I were to know him twelve months I
should not know him better than I then did. I said I
was satisfied on every point except the shortness of the
acquaintance; and that I knew Mr. Colesworth very
well, and was sure he would not introduce any one to
the family who was not very proper. I asked if he was
fully aware of the important step he was about to take.
He said he was, and added that the longest courtships
were not always the most happy. I gave my consent ;
he thanked me, and said I should never repent it. On
Saturday, April 28, I went to meet him at Mr. Smith's
again. I told him I was anxious to see him, as it was
better to put off the marriage for a hide while, until they
• were better acquainted with each other. He brought a
friend with him, but did not introduce him to me. I asked
that Gentleman to leave the room, as I bad private
business with Mr. Wickenden. I had heard something
about a difference, and I was afraid their tempers would
not epees He said then, a Mrs. Scott, do you wish to
give it up?" I said, 44 No, Sir, I do not wish that."
r0bb)....,, Be got up, and was going to the door, and said is aloud
:.. woice,“ Then you give it up." I said, in as load a voice,

1 No, Sir." He said, " But I cam for the purpose
of so doing r and he was very insolent indeed. I asked
him his reasons, and if he had seen any thing im-
proper that could have made the change. He said no,
he had not; he had no fault to find with her. He said
he had no references; I replied that he might have a
great many, and it would be only doing her justice to
make inquiries. He said he did not wish to know, and'
if I would let hi=s hear no more of sae, I should hear
no more of him. He said something about my daugh-
ter sleeping at Mr. Colesworth's ; and I said he ought
not to judge hastily, but to know the rea,on first. 1
got clothes for my daughter for the wedding ; I bor-
rowed the money to do so; my daughter had none. At
the time this happened my daughter had an offer of a
situation as a governess from a Mr. Nelson; I should
have made a present of the-clothes to my diogh!er.
Cross-examined by Mr. Sergeant WILDE—I had con-
versations with my daughter respecting the defendant's
temper; and I went to Mr. Smith's to put off the wed
ding for a short time ; -my daughter found great fault
with his temper. I never heard my daughter say, that
with what her sister Sarah did defendant had a thing to
do. My daughter was with me at Mr. Smith's. De-
fendant offered to shake hands with her, and she ref-mei.

Mrs. Smith examined—l am tl e aunt of Miss
Martha Scott. She is a •ery fine young woman,
and very accomplished. Defendant was in the habit
of calling every day at her mother's house. Soon
after I first saw defendant, he said he wished to
make inquiries about Mrs. Scott's family, as he thought
of joining it. I told him that the family were highly
respectable, but that their circumstances were not such
as they had been. He expressed himself quite satisfied
with my information. Miss Sarah Scott, stow Mrs.
Colesworth, was stopping in my house on a visit, and
slept there. On the occasion of my son's coming home,
I could ant accommodate her with a bed, and she slept
at Mrs. King's. Mr. Colesworth lived there. My
daughter once went with her to the play, because her
sister could not go with her. They both came home
together.
Cross-examined—My son is at sea; Miss Sarah Scott
slept sometimes at Mrs. King's ; I do not think she slept
there before March ; a'tcr she left me, in March or
April, she generally slept at Mrs. King's; she did not
sleep out of my house in February ; she was nor living
in my house in January ; Miss Martha Scott lived at my
house part of the time that her sister lived there.

MrsiKing exami.nd—l live with my husband in Col-
burn-row, Mile-end•road. Mr. Colesworth lodged there;
had been there two yens, and remains them now; he is
married; his wife sometimes slept in my hoase,in the front
parlour; Mr. Colesworth slept above stairs; the present
defendant called, and asked if Miss Scott had slept there?
I said she had occasionally, and explained to him how,
and that nothing improper seas in it ; the defendant made
the inquiry the day after the play.
Min Luca examined—l know the plaintiff; I have
known her eleven rears; in April last I was staying at
No. 9, Bedford-street, Bedford-square; I saw the de-
fendant there on the 26th of April ; he asked me if
I knew Mrs. Scott's family, and whether they were
respectable? I answered in the affirmative. He asked
me if I knew what were their means of living? I said
that I did not, but that Mrs. Scott had had a house, for
the purpose of letting lodgings. He said he understood
Miss Sarah Scott had slept on a sofa at Mr. Crsleworth's.
' I said, if so, there must have been a particular reason for
it. I had known her a long time, and never saw any
thing in the least improper in her conduct. He never
asked me a single word about my having passed the
preceding Sunday with Miss Scott. I had passed the
Sunday with her at her mother's.

Mrs. Parkhurst examined—My husband is Comp-
troller of the Customs at Antigua. lam half sister to
the plaintiff. I have not been for some time on terms
of strict acquaintance with her family. The defendant
called on me to ask about them, and asked several
questions. He said he was to be married to Miss Martha
Scott on the Tuesday following, and wished to have
some references. He mentioned something about a
great coat and about the play. He mentioned about
Miss Sarah Scott's sleeping at Mr. Coleswotth's, I
said very likely they were married, and there could be
nothing improper in it. I said they were a very re-
spectable family.

Mr. Wen. Nelms examined—l am a merchant in the
City. Miss Martha Scott was spoken of as a vverness
to my family in March last. This was brokers off. Miss
Scott was to have met Mrs. Nelson at a friend's house.
The meeting did not take place; it was mentioned that
the was going to he married, and could not take the
.situation.--This was the plaintiff's case.
Mr. Sergeant Wit.na, for the defence, observed, that
in cases of this kind it was not uncommon for an im-
pression te remain on the minds of the .fury which must
greatly prejudice the case of a defendant, but he trusted
the Jury would coolly and dispassionately consider the
present case. He h.d never heard a case more gravely
stated by a Learned Counsel ; hut the Jury must be
aware,that when so much depended on fancy,a miserable
figure was cot by the case when it came to be argued in
a Court of Justice, and divested of all its eaterh-r show.
When a party who were agreed to marry changed their
minds, but were influenced to contract marriage, under
the dread that an action would be the result of the non-
perfot mance of this most important act, a Jury would
be little promoting the happiness of mankind or the
welfare of a country, by giving verdicts which would
force to a step on which these was little—chance of
comfort, and much probability of misery. There were,
however, many circumstances which rendered it most
just and proper that an action should be brought
for breach of promise of marriage, although it was
his conviction that no accomplished woman could ever
bring her mind to pursue such a coure. Notwith-
standing that, o hers, who were without those fine feel-
ings, which become improved by education but had
still most pule and h3nourable characters, might. In
dre present case, he would ask- of the Jury on what
grounds they were asked for compensation ? There had
been no loss of affection; it was not hinted that after a
courtship of three weeks, so much had the lover gained
on the affections of the Lady, that she was broken
hearted by the change in his feelings and intentions
The Learned Sergeant then proceeded to comment on
the :howlers of the courtship, the mutual conviction,
that the tempers of the parties ill-suited them for each
other, and the rumours that the defendant had heard
with reference to the sister of his intended wife. He
observed, that the short term of the acquaintance pre-
vented his placing confidence in the Lady, after what
he had heat d—that he was actuated by no selfish feeling,
and trusted that, under all the circumstances, the Jury
would consider the case as one that called for very
trifling damages at their hands.

Mr. Justice GASKLIZ summed pp the evidence at
considerable length, and stated, that the Jury had to
consider two points—first, whether the plaintiff was
entitled to a verdict, and, if so, what compensation they
considered her to deserve?

The Jury, after a few minutes' deliberation, returned
a verdict for the plaintiff— Damages SON.

POLICE INTELLIGENCE.
•
MANSION-HOUSE.
'st+tsrday Dpkoser &Was was brought before the Loa* Mown
for re-esaminatioo, upon the charge of having forged the signature
of Mr. Charles Fothergill to a cheek upon Jones, Lloyd, led Co.
bankers, for it I in.
Mr. Gates, *lto attended fee the prosecution, proposed to ea
Mr. Ifothergili, to prove that the signature to the check was a
forgery.—The prisoner's Solickor tiltiected to the testimony of Mr.
Fothergill, on the ground that be was an interested wittiest, inas-
much as, if the check was ionise, it *Mild be placed to his ac-
count by his Bankers.
Mr. Gates called a tentlemait, *ho swore that the signature to
the elect was not in the hand-writing of Mr. Fethergill.—The
prisoner was fully committed to Newpre for trial.