Star.
London, England, 1827-03-01 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH. Fes. U.
sasses OF MOMS Or 7(ARlLiker.l4ll 11411/011110r.
Mr. SCARLBTT (with whom was Mr. CUMMING)
stated the pl.intiff's case. This was an action brought
by his client to recover a compensatisn in damages
from the defendant, for a breach of promise of mare
riage. He believed the sole question here would be as
to the amount of damages, because this contract bad
been sought by the defendant—a proposition made by
him, and by him alone broken. This was not a case
*hid: deserved to be dressed up in all the colours of
romance, as both parties were beyond the middle stage
of life. Roth had sober views of passing the remainder
of their lives in quietness and respectability. There
was no period of life at which an establishment by
marriage was net desirable, especially to a woman ; and
it was truly said by a philosopher that young men mar-
tied for mistresses, middle-aged men for companions,
and old men for nurses. Perhaps in this case Mr. Har-
rison intended to marry with this last view. Mr.
Harrisson was not certainly in the heyday of life, as he
had attained the age of 54, but, notwithstanding that,
it would appear from his letters that he took a very
sober, solid, and even a religious view of his proposed
marriage. He had, however, repudiated the first Lady
of his choice, and had since married another Lady, be-
cause she had a better fortune that:his client. Mrs.
Bailes was a widow, and he was a widower ; certainly
the attachment was originally solicited by him, and
was so ardently urged, and supported with such sober
protestations of real comfort, that so respectable widow
would reject the prospect of a decent establishment for
the rest of her life. The story was this :—the plaintiff
fives in B:rtholomew.close, and since her husband's

decease she had let a considerable portion of her
house in lodgings, in order to maintain and support her.
self and family. As early as the year 1819, the defend-
ant took part of the plaintiff's house for himself, and thus
it was that the acquaintance commenced. The de-
fendant was the proprietor, and occasionally the driver
of a stage coach, between London and Yorkshire.—
The acquaintance having thus commenced, it continued
till the latter end of 1824, when the defendant wade
serious proposals of marriage to the plaintiff; be de-
scribed his situation and his establishment in Yorkshire,
and even went so far as to have the bans published in
the parish church of St. Martin-in-the-Fields. The de.
Pendant, about that period, went into the country with
a Lady whb happened to have a jointure of 5001. and
having insinuated himself into her good graces, they
were married at Roth well, in Yot kshire, and the Learned
Counsel's client was left in the lurch. He did not mean
to say that this was a case that called for.any extraor-
dinary damages—but be should still contend, when his
client's character and conduct were looked at, the Jury
would see that she was a respectable widow, who was
first addressed by the defendant, her affections solicited
by him, on the reasonable ground of their having a
mutual settlement for life,—and then as a woman in-
kilted in a manner such as called for reasonable and
temperate damages.
blr. Douglas, the ton-hi-law of the plaintiff wap
called—He said he recollected the defendant coming to
live at the plaintiff's house in 18.19, and the acquaintance
continued down to 1824. The defendant repeatedly
visited him at his house at Lisson-grove,
.and had told
him that he was going to marry his mother.in-law(thel
plaintiff), as soon as a Chancery suit, in which he was
engaged, should be terminated, and that he woold settle
her whole property on herself. The witness proved the
handwriting of several letters to be that of the defendant.
Cross-examined by Mr. BROUGHAM—The plaintiff is
the mother of a large family, her eldest son is S 4 years
of age. She is sixty.
Several letters of the defendant's to the plaintiff were
then put its and read. They excited a great deal of
laugher in Court. They stated that the defendant had
a comfortable cottage in Yorkshire, surrounded by a
garden planted with plenty of fruit trees and vegetables,
that he had a covr-honse, and a pig-sty, and various
other comfortable appendages to domestic happiness.
One of the letters stated that he was about to came to
towa to settle a Chancery suit, and that then he intended
that the marriage should be solemnized. It concluded
in a postscript, that be had taken courage to pull maks
tooth, and the letter was dated past ten o'clock and a
moonlight night.
Mr. Douglas produced a certified copy from the
marriage register of the parish of Rothwell, in York-
shire, shoving that the defendant was married to a Lady
of the name of Mills, in the month of Sepember 182.5.
A servant of the plaintiff proved that she had heard
the defendant state that he had ordered the bans to be
'published at the parish church of St. Martin in the Fields.
The parish clerk of St. Martin in the Fields proved
the publication of the bans is September, 1824.
It was further proved that the Lady the defendant
had married was worth IRK. per annum freehold pro-
perty, and 1801. per annom leasehold property.
This was the plaintiff's ease.

Mr. BROUGUAM took a preliminary objection before
he addressed the Jut y—tb at the declaration aaerrod but
usimple and specific promise of marriage, and by the
evidence it was proved that the promise was only a con-
ditional one, viz. on the termination of a Chancery suit.
The Lone CHIET Justice was of opinion that the
defendant had given a subsequent promise of mat riage
and had gone so far as to confirm that promise as to pub-
lishtbe bans. The objection could notrhereforat avail.
Mr. BROUGHAM then addressed the Jury for the de-,
feadant. He said it was impossible for him to throw
any ridicule on this case, for even the statement of his
Learned Ft lend on the other side shewed how ridiculous
such en action a as. It was true, as his Learned Ft iend
had said, that the sole question in this case would he the
amount of damages; but the difficulty the Jury would
have would be in finding out the species of coin in which
the damages should be awarded ; ior,at present,there was
not in the kingdom a coin sufficiently small for that pur-
pose. Mr. Scarlet' had citeda proverb from the month of
a philosopher,as to the views with a hich men, at different
ages, contracted marriage; and if this was an actioo
brought by the defendant against the plaintiff for the
loss of a nurse—(A laugh), perhaps there might be
some sense in it, but he could not conceive that the!
plaintiff had suffered any injury by not giving a :lair
veiled hand to one whose whok substance consisted in;;
cottage, a cabbage-garden, a pig-sty, and a Chancery!
suit--(Much laughter). He had even been bereft of hip,
last tooth, for in one of his letters he stated that be
bad just taken courage to pull out his tooth—it weal
riot one of his teeth, or some of Isis teeth, but it wee
his tooth, which, undoubtedly, was meant to imply that
it was his last remaining stump---(A laugh). His Learn-
' aracterisethe defendant
,of had bees Riven.

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art Freud bad been pleaced to characteri
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