Star.
London, England, 1821-08-20 00:00:00

ASSIZES.

YORK, AUGUST 16.
BREACH OF PROMISE OF MARRIAGE.
DAVISON V. WILSON.
M,T. COLTMAN opened the pleadings.—The plain-
tiff, James Davison, asked compensation in damages
for breach of promise of marriage by Rachel Wilson,
the defendant. The defendant denied that any pro.
anise had been given, and upon that issue was joined.
Mr. SCARLETTr--He had to state to them the case
opened by his Learned Friend. The plaintiff now
applied to them for some reparation in damages for
the loss he had sustained in being deprived of a mar-
riage which had been contracted, and from which he
had reason to expect comfort and happiness. A ce-
lebrated writer who would be admired as long as
the English language lived, and whose observations
on life, manners, and human nattire- formed the
surest authority to which their attention could be di-
rected—he meant Lord Bacon ; this celebrated writer
had said, that" a young man marries for a mistress;
a middle aged man, for a companion ; an old man,
for a nurse. ' This remark was authorised by the
highest species of philosophy, and by the justest
views of human nature. " It is not good for man to
be alone." Solitude at any period of life was not
good: we were made for society, and for com-
municatin; and enjoying pleasure or consolation
by reciprocity of attention and kindness. He
made these remarks, merely because he observed
a smile upon some faces on account of the age
of his client. He admitted that he was 68 ; and
if at least he could not provide himself with a nurse
on account of the defendant's conduct, he was en-
titled to damages, and must 'feel as sensibly as a
younger man the loss he suffered. The defendant
was sufficiently advanced in life to be answerable for
her promises; she had attained to all the discretion
which years ensured; she was not a giddy, thought-
less, extravagant girl ; she was not of an age that
would make her marriage with the plaintiff unhappy,
as in many cases which occurred. She was a very
steady, a very discreet, a very sensible Lady, and of
as age quite suitable for the plaintiff. Miss Wilson,l
he understood, was 64 years of age. (The burst of
laughter infected the Learned Counsel himself, and
occasioned a short pause in the love-story). They
saw how difficult it was to excite sympathy for love
at this age. He wished he possessed the genius and
eloquence of a celebrated writer, a foreigner, who
charmed all his readers by the description of love at
the age of 60, or that he felt the genius and poetic fire
of a great writer of our own age and country, Lord
Byron, who had made the love of an old man of 80
the subject of a tragedy. The love which he had to
state to the Jury was one of the soberest views which
the passion presented. But there was great ad-
vaatagcs after all, in aged love—in having the com-
forts and advantages of a steady and matured union
of sentiments. A true friend was boo to be found in
any other state, if it was true that there was no real
friendship but in perfect community of interests.
The plaintiff had been originally a sea-faring man,
and by his distinguished gallantry on board a vessel
which he commanded he had raised himself to notice.
He had been married, and had had a family, of whom
some were now living. His wife had died in 1805.
Since that time he lived in Ayton, where the defend-
ant lived with her father, mother, and younger sister.
The plaintiff's and defendant's families meeting, in
the same line of life, they became acquainted. From
long acquaintance, Mr. Davison and Miss Wilson
learned to esteem each other. When he became a
widower his visits were more frequent. She had then
a brother, who was his particular friend, but was now
dead. They thus became extremely well acquainted
with each other, and cherished the greatest mutual
respect. At length her father, her mother, and her
younger sister died, leaving her alone of the family.
He (Mr. Scarlett) was able to shew, that before this
period great intimacy and constant intercourse had
subsisted, though there had been then no views of a
matrimonial connexion, but of friendship only. But,
at that time the mutual attachment which had been
so long increasing had taken a different turn. She
was lett desolate, not in fortune, for she had £10,000;
but she was alone in life, having lost her father,
mother, brother, and sister. This Gentleman conti-
nued to be one of her most intimate friends; in him
she reposed confidence; him she consulted in the ad-
ministration of her affairs. In this state she would
not find It inconvenient to have the affection and at-
tachment of one who understood the world, and who
Wald be of great use in managing her affairs. She,.
living alone in the house which her family had occu-
pied, had resolved, from the extreme inconveniences
of the house, which was old, and too large, to sell it.
She quitted it, and took lodgings of a Mr. Williams,
in Gisbrough, leaving the plaintiff to arrange the
various matters which she had to settle in Ayton.—
At this period he should begin to lay before them
evidence of that contract, the breach of which was
the ground of the present action, although he felt
averse to expose the enlightened communications
which were made upon this subject. She had actu-
ally made the plaintiff engage a house, in order to
live together in it as man and wife. How it was,
then, that the union had not taken place would be
shewn to them. He (Mr. Scarlett) did not mean to
say that his client had Leen so absurd as to despise
the additional comforts to be derived from a wife's
fortune; but her fortune was not his object. He had
said—". With respect to fortune I ask not a farthing;
settle it as you please, except what may be necessary
for our living comfortably." But as matters ap.
proached a crisis, and after she had left the house at
Ayton, he wrote her a letter, which the other party
were now challenged to produce, saying-4, that she
ought to communicate to Mr. and Mrs. Dodds her
iatention of changing her condition." That was the
cause of the present action, for they. one or both,
had dissuaded her from fulfilling her engagement.—
Ile would now lay before them the correspondence.
They would not find in it the strong expressions of
passion which a girl of eighteen might be expected
to use, but the sober discretion and prudence which
were required in a wife predominated. (The Learned
Counsel here read extracts of several letters, in which
the maiden lady made arrangements respecting her
nephew, William Wilson, an organ, and the Mortgage
of an estate, andifrom which the Learned Counsel
inferred unbounded confidesice in her plighted lover.)
Her letter of October ith, 1820, the directed him to

burn. Why that caution? What she wrote Must
have meaning in it, when so much' caution was ap-
plied to it. In her letter of . October 18th, the first
intimation of her intention to change her condition
appeared. She avowed some views which she was
unwilling to commit to paper. Those • views were
communicated at a personal interview. They could
not be proved as thus communicated, but they could
be inferred from other letters. In her letter of the
2d of December she wrote, " Time brings all things
about." Just what a Lady always said when the
fixing of the day was proposed. Ask that it should
be to-morrow: Impossible; but time brings all
things about. " If it should be told to Mr. --,
it will make me quite unhappy." This must have
been some jester, who would make her uncomfortable
by his jests on the subject. " None of my relations
would disapprove of it." Let them observe that.—
Disapprove of what ? The directions for taking a
house, the apprehensions of ridicule, the reference to
time bringing about all things, that was clearly the
wedding day : then the allusions to the month of
May proved distinctly what step the Lady meant to
take. She directed that two cows would be sufficient.
This was prudent attention. She further regretted
that she had not been able to go to Ayton on a cer
taro day to drink tea, but she would go on a certain
day for the electrifying machine—(Here the Learned
Counsel was interrupted with laughter.)—He would
explain what this meant. Her young nephew was
supposed to require electric shocks, and she would
go to Ayton for the electrifying machine, and thus
see Captain Davison, whom she had disappointed by
not having kept her engagement in going to tea.—
This was a good excuse for going to Ayton. She
had been invited by some friends to the York Assizes.
The Spring Assizes at York were pleasant. He un-
derstood that there were festivities on those occasions,
of which persons partook wisp did not work so hard
as " you and I." May-time, too, was approaching.
That was the happy month which time, that brought
all things about, was to bring. That was the month
which the Poet celebrated as the month of marriage :
" Now from the virgin's cheek a fresher bloom
Shoots, less and less, the live carnation round.
Her lips blush deeper sweets
The shining moisture swells into her eye.
her wishing bosom heaves,
With palpitations wild : kind tumults seize
Her veins, and all her yielding MO is love !"
(Repeated burets "laughter.)
ad Whenever you marry again, Gentlemen, May is
the proper time." She intimates to her accepted lover
that she was to be gay next week at York, where she
was to attend concerts and other amusements, suited
to her prospects, and she directs him to take the in-
tended house only for six years. This was extremely
prudent and proper, for the house might not be large
enough in the course of six years. She approved of
his advice to communicate her intention to Mr. and
Mrs. Dodds, because they were good religious per-
sons, and very friindly to her and her family. She
next corresponded respecting her residence after her
return from York till the merry month of May; and
in one of her letters she wrote, " I am very much
watched here." She felt inconvenience in writing her
letters and getting them into the Post-office. It had
been all probably kind attention only, but she thought,
as Ladies in such circumstances were apt to think, that
all eyes were upon her—(.4 laugh).—ln this corres-
pondence it appears evident that she was to change
her situation, that she knew the plaintiff's attach-
ment, and approved of it, and that her wedding-day
was put off till May, for that was the time to bring
all things about! But upon consulting Mr. and Mrs.
Dodds, a change of mind took place, and she wrote
a cold and doubtful letter. He asked an explanation.
She answered with the same coldness and reserve.
This was no doubt the advice of respectable persons.
He did not blame Mr. and Mrs. Dodds. Every one
had his own views of happiness.
Mr. Justice BAYLEY.—A very kind advice it was,
to prevent them from doing a very foolish thing.
Mr. SCA RLETT.—Another letter was written, in-
timating that the house would not be required, and
this letter was subscribed, " Your obedient servant,
Rachel Wilson." (The former subscriptions had been
" Your's, sincerely," &c.) The Jury would see from
those circumstances the ground of complaint. She
was most competent to judge for herself. There was
a great deal of good feeling and good sense in the let-
ters which he had referred to. If, then, the contract
was such as she had thought proper to make, and
then to break, ought not some compensation to be
made to the plaintiff? There were many reasons
which might induce a man to look to marriage for
happiness. Looking up to a matrimonial situation
was surely a meritorious thing in any man. For the
last fifteen years the plaintiff had been intimate with
the defendant, and he was now thrown back on all
the miseries of solitude. He was deprived of the
prospect which her.promise had encouraged him to
look to, and he lost a companion to support his old
age. He would prove the promise from the letters
of which he had read extracts.
Mr. Justice BavLev.—And the breach, too, I sup-
pose? His Lordship then hell a short conversation
with Mr. Scarlett, recommending an arrangement of
a cause which his Lordship evidently thought was ill
fitted for a Court of Justice. The attempt, however,
appeared in the first instance to fail.
Mr. George Dodds looked at a volume of letters
put into his hands, and said he believed they were
Miss Wilson's hand-writing. I think I have not seen
any of Mr. Davison's letters to the defendant. I do
know from Miss Wilson that she received some. I
think she did not shew me any. At my age I cannot
remember things as I ought. I think I did not hear
any of them read. I don't know from Miss Wilson
that she intended to marry. She did mention her in-
tention of changing her situation—in respect to the
house taken at Ayton. That was the only change of
situation she communicated to me. I swear it. She
did not communicate any other change of situation
to Mrs. Dodds in my hearing.
An arrangement was again attempted.
Mr. SCA aLarr.—Gentlemen of the Jury, I accede
to a proposition from my Lord to take a verdict for a
very small sum, and proceed no further in this cause.
I beg to say, that I did not mean to cast any reflec-
tion on the Lady. Persons have aright to judge what
is most suitable to themselves at every pei iod of life;
and though solemn prpmises are not to be broken
with impunity, yet, considering; the ages of the par-
ties, and their situation in life, I could not expect

suds damages from yin as if the, wers►ponnger, and
there were more love and sentiment in their attachment.
Mr. RAINS.—I am very glad, Gentlemen, that this
cause is put an end to.
Mr. Justice BAYLEY—Twenty pounds is all, in the
circumstance, which I have thought the plaintiff en-
titled to.
The Foreman.--That is as much as w•e should be
disposed to give.
Mr. Justice BAYLEY.—I am happy that we have
the same understanding on the subject.
Verdict for the plaintiff—Damages £2O.
The Court was extremely crowded, especially with
Ladies, and much merriment was excited by the of
of disappointed love.

CAMBRIDGE.'
CHARGE OP RAPE.

THE KIWI ON THE PROSECUTION OF ELIZABETH

WHITING V. WILLIAM ITSON.

The prosecutrix is a daughter of Mr. Whiting, of
Soham, and the defendant a farmer, at Fordbam, and
was indicted for an assault, with intention to commit
a rape. From the nature of the evidence, the assault
was of a most gross and brutal nature ; the prosecutrix
was a young Lady 17 years old, and the defendant 30.
It was aggravated by his paying his addresses to an
elder sister, and, by gross perjury, endeavouring to ex-
culpate himself by the sacrifice of the unsullied cha-
racter and virtue of the Lady. What rendered the
crime more heinous was,the premeditated way in which
it was carried on, by erecting a stage in an unfre-
quented place, and having invited the prosecutrix to
Landwade Church, to see the monuments of the Cotton
firma y,and enticing her away from hei father and sister,
with the full view of completing his brutal design. He
was found Guilty, and sentenced to be imprisoned for
two years.

Bow- ST REET.•••••CO NJUGA L FELICITY: 31r•C. Mar-
garet Every, a respectable-looking elderly woman,
was brought before G. It. 3llNstrott., Eq. on Sa-
turday last, on a peace warrant, at the suit of her
husband, Mr. John Every, a leather-seller of exten-
sive business in Compton-street, &lio.—Mr. Every
stated, that it was impossible for him to live with his
wife, inasmuch as she harassed him to death.—The
Magistrate told him it would be necessary for him
to be more particular in describing his complaint.—
Mr. Every replied, that she huhted him about the
house, telling him of things, and that when he was
sitting at his desk, she was in the habit of pinching
his arms till they were black and blue!—Two of Mr.
Every's servants deposed that Mrs Every was" rather
hasty," and that she frequently held him, or, as it
were, crucified him against the wall, whilst she
scolded him for half an hour at a time.—The Magi-
strate expressed his astonishment that he suffered
himself to be crucified and scolded in this way.—
" Oh, Sir," said Mr.. Every, with a deep sigh, " it's
impossible for me to help it ; she's a powerful woman,
your worship—a very powerful woman; and when
she's in a passion, a regiment of soldiers would hardly
be a match for her!"—Whilst this story was telling,
Mrs. Every wept bitter tears; and blew her nose con-
tinually, and with such vigour, that the byestanders
began to fear she would annihilate it altogether. In
her defence, she said that her poor, dear, first hus-
band, who was a tailor—and an upright man—was
supposed to have I-ft her a hundred and twenty pounds
a year, and her present husband, Mr. Every, had mar-
tied her solely to get this property into his hands.
He was disappointed, howevet, for her late husband
did not leave sufficient to pay his debts, and of course
she got nothing. Ever since that time she has been
" a widow indeed and in truth ;" for her husband,
finding she was not likely to have any money, never
would sleep with her; and although 'she was con-
tinually representing to him the baseness of his con-
duct, he was still obstinate.—The Magistrate recom-
mended Mr. Every to allow her a separate main-
tenance, and he immediately agreed to give her £6O
a year; but this would not satisfy the lady ; she con-
tended, that as a wife, she was entitled to half Ms
property, whatever it might be: he had indeed en-
gaged at the altar, to endow her with all his worldly
goods ; and it was not fair, that after having been a
church-going pains-taking wife to him for fourteen
years, up early and down late, she should now be
fobbed off with only EGO a year.—The Magistrate
said that as she refused this overture, he had only
one other alternative, and that. was ordering her to
find bail to keep the peace towards her husband ;
but this Mrs. Every refused to do, and was therefore
placed in custody of the turnkey.

ANOTHER AmAzors.--11frs. Sarah Sad, a well
dressed fat little woman, was next charged with pull.
ing Mr. Joseph Higginbotham all round his own
house by his own nose !—Mrs. Sarah Sad admitted
the said pulling, but denied that it was continued to
such an extent as all round the house; and she at-
tempted to_ justify what she had done, on the ground
that Mr. Higginbotham lrad called her by an ugly
name.—Mrs. Sarah 'Sad was held to bail to answer
the charge at the ensuing Sessions, though it appeared
rather doubtful how she could have reached Mr. Hig-
ginbotham's nose, unless he had been so accommo-
dating as toliave put it in her way by stooping.
Thomas Fitzgerald underwent a final examination
before GEORGIC MINSHULL, Esq. charged with a
daring footpad robbery on Friday, the 10th instant,
in stopping and robbing Mr. Nicholas Peters, at mid-
day, near Primrose-hill.—Mr. Hawkins, a pawn-
broker, of Drury-lane, attended, and produced a
watch, which he said he had taken in pledge from
the prisoner on the day on which Mr. Peters was
robbed.—Mr. Peters identified the watch as his pro-
perty.—The Magistrate, in. consequence, fully com-
mitted the prisoner for trial.—The prisoner was re-
cognised by Jones, the jailer, as having discovered
him some time since, at a late hour,.under suspicious
circumstances, in St. James's Park, near the wall of
the King's stables.—The prisoner denied being the
man whom Jones saw there; but on Saturday he
acknowledged that Jones was correct, and that he
was the man whom Jones saw in the Park.

QUEEN-SQUARE.—On Saturday, William Harris.
driver of the hackney-coach No. 22, was summoned
for obstructing the line of procession for the funeral
of the Queen, by drawing his coach in the road at
Knightsbridge, and refusing to move on when ordered
to do so by the Police. In defence, he said a Gentle-
man ordered him to take him from Charing.Cioss to
meet the Procession, and stop in a convenient spot to
we it pass. A Gentleman appeared on-behalf of Alie
prisoner, whom he described to be a mo,t loyal sub-