Star.
London, England, 1817-09-05 00:00:00

ASSIZES.

LANCASTER ASSIZES, SEPTEMBER 1.
aItbeCTION—IMBIAI4 W. POW.
Mr. Sergeant HULLOOK opened the case. The plain-
tiff' in this action was a partner and confidential
agent in a brewery at Woodport, in Cheahire. The
defendant the principal partner in the concern. The
action was brought to recover damages for the lose sus-
tained by the plaintiff through the seduction of his
only dauighter, by the defendant. You are called upon,
Gentlemen, (said Mr. H.) to give serious and elem.
plary damages. Cases of this kind vary much in
their circumstances of aggravation or alleviation. A
case of more pure, unmixed, unqualified-seduction
than the present, was never submitted to a Jury. The
defendant lodged in the plaintiff', Ironies the house
was adjoining to the brewery, and was the property
of the defendant. The unhappy victim of his seduc-
tion is the only child of the plaintiff—she is now
but 17. She was barely 16, and returned fmm
school, when the defendant, by those arts which a
young matt of 24 know s how to practice upon an in-
experienced girl, accomplished her ruin. (Here he
detailed the circumstencesto be disclosed in evidence.)
This is an action for a compensation in damages.—
' Originally it was only to obtain compensation for the
loss of a daughter's services. Judges and Juries
have, however, for a long time back, always given
damages for the injury done to the feelings of a pa-
rent. Gentlemen, some of you are perhaps in that
relation, all of you can conceive the dreadful afflic-
tion it must be to a father to find iris only daughter,
and at such an age, and by his partner and friend,
plunged into irrecoverable ruin and c'isgrace. The
defendant is a 'Tang man of considerable property.
Besides his share in this brewery, he iately received
a legacy of 03000. You will therefore mark your
sense of the infamous impropriety of his conduct by
giving heavy damages. I shall now call Mires Ing-
barn to state to you the conduct of the defendant.
Sarah Ingham examined—l am the daughter
of Mr. Joseph Ingham. He was the manager of
the brewery in rortwood. The defendant is a part-
ner. I knew him since five years ago. lam now 17.
He came to lodge at my fatheerabout three years
and a half ago. I don't recollect how long he was
in the house before he took particular notice of me.
He first took notice'of me while I was at school, on
repeating my grammar to him in my father's house.
He used fond expressions to me. It was two or three
months afterwards that any thing particular took
place betwixt us. [The witness then mentioned her
situation, which her parents had observed.] I after-
wards lived up stairs in my own room, because my
feller would not allow me to come into his com-
pany. I used to be employed, and did the work of
a servant in the house. I went to Elizabeth Cott-
cher': house, because she said I was to go to her, as
my father was so severe on account of my situation.
I lived there a fortnight, and then went to hair at
Mrs. Smith's, at Cheedale. I was confined there on
the 15th of April. It was about tour months atter I
had left my father's house. I returned to my father's
on the 16th of June—l had been absent from my fa.
ther's about five months—l bad conversation with
Mr. Fogg on this subject. I communicated to him
my situation. He said he w. 3 sure it was not so, I
was too young. Before 1 left home he told me he
could not marry me, but 'he would always be my
friend. I did not say atiy thing. He came to Eh-
zAbeth Coucher's when I was there, and offered me
some money, but I would not take it. He did not
say any thing to me of what he would do. He was
not more than once At Coucher's. The first time I
t• Id him of it, he said he was a villain. it was when
my mother :yid was present. It was after
my inctiter hid left the room. He said he should
Always be called a vinain in the eyes of g od men.
saw him rut day, and lie said he would never
marry me, I might depend upon it; a few paltry
hundreds was nothing to him. He had sai.lnethingot
that the former day. He never gave any reason why
he would not marry inc. He s.i.l I might go into
Yorkshire, and then return after I was delivered. I
told rum my lather would nut allow it. The reason
he gave was, that it might not. expose him.
Cress-examined by Mr. TorPtao.—l was 17 on the
17th ut last Jane. I left school the day alter I was
16. I went to school in Stockport, to Miss Jepson's,
a day scoolar. I lodged at my lather's. My father
lives now in Manchester. My lather's family were,
my tether, my mother, and myself, and Mr. Fogg,
who had two rooms as a lodger. I- did the work, no
servant being kept. 1 came from school about five
sr six in the evening. After I left school I was all
day in the house. Mr. Fogg lived in the house about
three years and a half before the connexion took place.
I read the grammar to Lim an his siting wont, when
we were there alone. I can't recollect where my
mother was then. We all sat and eat together. Alt
the house was Mr. Fagg's. He had a sitting roam
and a bed room for himself. He frequently came to
me in the kitchen, and when I went to the other par-
lour he followed me. 1 set with him sometimes iu
Ins parlour, when my mother was sewing in the
kitchen. She knew I was there. I never was out of
bed when my father and mother were gone to bed.
My father sometimes went to bed in a State of intuxi I
cation. They did once leave me up after they went I
to bed ; Mr. Fogg was then in the house. The u i:- I
ness then described the circumstances which occa- •
sioned the action.

Elizabeth Coucher, examined by Mr. WILLIALIS.
I was employed as char-woman to the plaintiff. I
never knew of any thing being wrong till Mass Ing-
ham came to my house. She care about seven in
the m,,rning, but Mil. Ingham had told me of it in
the street two days before. Miss Ingham appeared
very much distressed. She staid a fortnight, had
sickness and headaches, and•was poorly all the time.
I saw the defendant at my house. I saw him before
in the counting-house. I told him she was at my
house. I told him I thought it was his duty to marry
her. He said he could not. I told him I thoupt
he did not think her good enough. He said, yes, he
did. She (Miss Ingham) said, that Fogg had said
in Stockford that her father and. mother had encou-
raged her to it. He said he was very sorry for Mrs.
Ingham, for he believed she was innocent of the mat•
ter. He offered her a pound note, and she retubed
it. He gave me the note, and told me he hoped I
would not let her want for any thing. He said he
would come again. He was there about half as hour,
pr three quarters.

by 111. r. Semi was char-

woman six 'mord* before this. During the latter'
part of that time I was always in the house. I have
not. shed Mr. Ingham come in drunk very often.
When. I was there I used to be in the kitchen. The
mother was there sometimes attending family affairs;
at other times, and always at night, she sat in the
parlour (Mr. Fogg's). I never slept there.
Mrs. Sage Smith —Miss Ingham came to my house
on the 17th of Deceniber. 1816. She was delivered
of a daughter on the 18th of April following.
Ellis Hughes.—l was one of the executors of Ed-
mund Fogg, uncle to the defendant. I believe he
received £2,500 of his uncle's money, minus the duty.
It was paid in different payments, not more than a
year since.
Miss Ingham again, [by Mr. WILLIAUS.] —Our
home adjoined the brewery. My father quitted in
,June this year. Mr. Fogg's name is on the carts—
it has been on them since April, 1816. It is Ralph
Fogg and Co. They sell a great deal of beer.
Cross.examined by Mr. Toertso.—l never heard
my father say that the concern was to be subjected
to penalties to the extent of £l5OO. The prosecu-
tor's case closed.

Mr. Torturao then addressed the Jury for the de-
fendant :—" Gentlemen, cases of this kind are gt ne-
rally distreSsing to Court and Jury. They are pain.
int to the Counsel on both sides. But never in any
similar case have I felt less difficulty than on the pie-
seat occasion: My friend has told y.au, eery truly,
th .t Jut7.es now give damages mit merely for the loss
of service, but for the injury done to the teelings of a
parent. The loss is most properly considered not so
much as•the privation of a iew pounds, shillings, and
pence, but as the sorest injury to parental fet•hnes :
but, Gentlemen, u.e conduct of the parents, in this
Case, was most gross aMd indisc:c?.t. My Lesirned
Faced has called this a case of pure and unqualiGrd
seduction. I expected we should hear this proved
by some promises of marriage, the only aggravation
which I have any idea of in such circumstancer.
Here there was no such thing. She could not pre-
tend that he had hinted marriage. Ido not charge
her with wilful and corrupt perjury. ,I would not
I say to in this cause or in any cause ; bat she has been
placed in that box to give such evidence as would
procure damages for her father. There, Gentlemen,
is the disadvantage uncia which my client lies : she
can give evidence—he can nut. I ask you, thee,
whether it is in human nature (sotto make the cvi-
deoce as strong on the one side as possible in such
'circumstances ? You have it in evidence that the fa-
ther often came in late, and often went to bed early
in a state of intoxication. The mother went to bed
and left her daughter up. This, besides the defen-
dant, was the whole family. The daughter did the
office of a menial servant to the Pendant. They
were often together and alone, and the parents knew
that they were. She was left up, not to perform any
family work, but to read a book she had borrowed
from Miss J pson—(l forbore to ask the name of the
book) —which she must return next morning. She
was called repeatedly into the parlour, and went in.
The conduct of the defendant was afterwards most
honourable s he gave money for her support, he or-
dered that she should want for nothing. The parties
were all in Cheshire. The Assizes have lately been
held in Chester. Chester is nearer Woodport than
I Lancaster. Why did they not go thither I Why,
because Lancaster Juries have been proverbial for
setting no bounds or limits to damages for any thing
like seduction or criminal conversation. Bet law
considering the whole circumstances disclosed in evi-
dence, you cannot think any damages really due, and
it you should you carnet give heavy damages. You
have had no proof of the property of the defendant.
It is n:,t pretended that the legacy is all now in his
hands. 1 therefore confidently leave the whole case
in your hands."

The Judge said that the verdict most evidently be
for the plaintiff: The only question was the amount
of d.images. In course of summing up the evidence
his Lordship remarked, that it was natural for the
lather to have no suspicion, as the deltndant was his
partner. and confidentially connected with him, and
as be had been so lung in the house.
The Jury deliberated in the box for a few minutes,
and then asked to retire. They returned in half an
hour. Verdict for the plaiutiff—Damages "SO.

The father, a respectable looking man, stood im-
mediately behind his daughter, while she was in the
witnesses' boa.

Thursday morning, about two o'clock, Peter
Harvey, a night patrole, belonging to the Grange-
road Trust, Bermondsey, being on duty near Evan 6.
place, Bermondsey, saw a man in the rope grounds of
Mr. Eleanor, in Evan's-place. Suspecting he WAS
there for the purpose of committing a felony, be went
towards him and was immediately observed by the
man in the grounds, who walked away as fast as he
could. Harvey called to him to stop ; the man con-
tinued to walk on.. Rirvey called to him a second
time, and told him that he would shoot him if he did
not stop. Harvey called a third time, and as the
man was endeavouring to get away he took his pis-
toe frem his belt and fired it at him, it was loaded
• with swan shot, and the contents lodged in the lower
l part of the man's back. he fell immediately ; Harvey
Iwent up to him, and with assistence conveyed him to
• Bermondsey watch-house. A surgeon was sent for,
who came immediately and examined the wounded
I man, lie said that about sixteen shot had entered his.
back, he could not render him any assistance, and
i advised him to be taken to an hospital. The wows-
' ded man groaned in a shocking manner ; he was al-
most incapable of speaking ; he was recognised by
lone Hewlings, a constable and patrol., who had
seen him a short time before emptying a privy at the
Hand and Marygold public house, which iaabout a
hundred yards distant from the grounds of Mr.
s asked bins .what brought him
grounds? he replied I was
iEniteoanmorr..
Ere:wmlnin,ig
going to do that which I had no business to do-1
went to get a pole to tasten to the bucket which we
empty the privy with." The wounded man's name
is Richard Richards ; is io the employ of Mr. Ellis,
of Walworth ;he also resided at Walworth, has a
wife, and bore an excellent character. He was con-
veyed to Gay's Hospital by Mears and another pa.
trole ; he arrived there about three o'clock yesterday
morning. The house surgeon found that 20 shots
had penetrated the small of his back ; the *gem
said he was in a very dangerous situation, and had
every appearance 01 speedy dissoluti;Ja.