Star.
London, England, 1828-09-06 00:00:00

ASSIZE INTELLIGENCE.

CHESTiIit, Sem 4.
(Before the liesourable THOMAS JAMS.
■BRACH OW PROMISS OW MARRIAOIZ.—BAILEY V. OTLE.
Mr. LLOYD opened the pleadings.—The (Images
were laid at 3001.
Mr. J. Itavls stated the case, and said, that the
case was one of that aggravated mouse that tequired no
eloquence on the part of the Adv-cate. A %insole
statement of the facts would at once show that -_,ne
plaintiff had sustained the greatest injury that could
possibly be inflicted upon a female; that she had by
the plaintiff been brought to a state of infamy and
disgrace; and he trusted the Jury would be of opinion
that it was one that called for exemplary damages. The
Learned Counsel then, in a most impassioned speech,
detailed the facts of the case.

James Bailey examined by Mr. LLOYD—Stated that
he was a farmer, residing about a mile from Cheadle,
and was father of the plaintiff. His daughter was 22
years of age ; the defendant resided at Cheadle, and
lived there in 1825; he was a surgeon practising there,
and was 25 years of age. In September, 182.5, he went
to tee the defendant at Cheadle; he met him and hi,
daughter walking together; he ordered her to go off
home; she went. He was at the time in a little hurry,
and Mr. Ryle said to him " doll% put yourself :shout,
come this way and walk a bit with me;" he replied, " Mr.
Ryle, I don't like this;" he said," what for?" witne,s re-
plied," I have had a many misfortunes in my funny, and
I don't want any more." Mr. kyle made answer and
said, he knew that he had; but "you shall never have
none by me." Witness said she is equal with you in edu-
cation and in person, Mr. Ityle, though she is not equal
to you in fortune; to ' which Mr. Ryle answered, " I
know she is, and without my business I have property
enough to keep her and a f.mily, it we vhouli have one,
and ra marry her if I am a man alive." He visited his
daughter, but he did not know how often. His daughter
lived with him, and in May, 1827, she had a child. About
two months after that he saw the defendant, who said
to him, " How goes t n Mr. Nadin?" he replied, " I
suppose partly as usual ;" he then said, 'e has he said
any thing to you about the child ?" he said he had, and
that the overseers wished it to be fathered. Mr. Ryle
then said, " you don't ne d say any thing more about
that—it shall never come to that, for I shall marry her."
The defendant married a young Lady, namedVaudrry,l
in Match last. His daughter was very poorly, and had
been so for a long time. About a fortnight after his
daughter.was put to bed, Mr. Ryle was pas,iiig his
door, and asked him how Chat lotte was ? Het .1d him
that she was very poorly. Mr. Ityle said, if you wilt
hold my horse, I'll go and see her. He did so, and went
in, and staid about a quarter of an hour. He then cane
back to him, and told him that she was very poorly, and
had taken cold. The child's name was Eliza. He did
not know that it was named by the defendant's request,
after a sister of his that was dead.

Cross-examined by Mr. Sergeant JoNas—His farm
consisted ref four Crieshire acres. His family were
weavers. He had broken stones on the road tour or five
years since. He had come to his farm since that time;
his daughter used to weave silk, and earned about 12,,
rer week; he had seven daughter s. Cheadle 'Wakes w.
in September; he could not tell what time his daughter
went home the night that he saw her wit.; Mr. kyle.
When he left Mr. kyle and went home, be found his
daughter there; he did not know before that nig .t that
Mr. kyle and his daughter were together, he then
heard from his son that tuey wet e at Cheadle Wake; he
had had misfortunes in his f .mily before, and he was
alarmed, and that was the season he we.it to see Mr.
kyle; he did not know hoes many days his daughter had
been with Mr. kyle at the Wake ; Mr. Ryle then promised
him he would marry her. By being in a hurry he meant
that he was in a passion. Three of his daughters had bad
children before—not four of them ; but one of them had
two at a birth ;Charlotte's was the last ; one of them had
a.child fathered about a fortnight ago; ig the overseer
was always never agreeable before;" he did not know
that Mr. Kyle was at that time an apprentice; hr knew
he had no place of his own ; he lived with Mr.Vaudrey.
He did not know where his property was ; he never
asked him where it was ; he had heard that he had some
land near komilly, but he could not swear that he had
any ; his daughter Martha was with Charlotte atChea.ile.
There was a bowling.green there; there might be a
dance. Mr. kyle might come to his house for her at
night, but he could not tell ; he left it to his wife to see
the doors locked, and his daughters sate; there weµ a
bed down stairs sometimes; a person could tap at the
window outside; he could not say justly when the bed
aas put them; his daughter Charlotte ordered him to
fetch the bed from Mr. Swindle's, at Stockport; she
Itad him that there was a bed ordered there; he supposed
that his daupter might buy it; she slept op stairs before
that bed came; she was then pregnant; I.e supposed
she bought the bed for her own use; the bed was ready
packed for him; that was in 1827 that he went for it;
he neither asked his daughter, nor Mr. Swindle, any
questi nis about the bed.
Martha Bailey, daughter of the last winless, stated
that she had had the misfortune to have a child; it was
seven years 01 age in March last; Mr. Kyle became ac.
quainied with her sister in 1825 ; Cheadle Wakes were
in September; Mr. kyle was there with her sister wed
herself; she recollected her father coming there; the
Wakes last a week ; all the people go these, both gentle
and simple; she recollected Mr. Kyle coming to ha
father's in September, 1825, a week bef, re the Wakes t
she went out to him in the yard ; he asked her if Chat•
lone was within, she told him that she was at her
brother's, a short distance off; he wished her to go for
her; at last she went with him, and on their way she
told him that she was afraid of him, and that sf
he seduced her sister, it would be tri good to any of
them; lie replied he would never hatm•lier ; and it he
could remain single for two or three years, he would
then malty her.—She fetched her to hire, and he pro.
mised that he would not detain her more than live mi-
nutes. He afterwards visited her as a sui or. He used
to come at the edge of dark, and just at the time her
father was gone to bed—Her father did not see him.'
She had many conversations with Mr. kyle during her
sister's pregnancy, and he always said, when he mar-
ried he would marry her.—Mr. Kyle attended her
in her accouchement. The child was christened is
January last by the Rev. Mr. Dunn, a friend of Mr.
Ryles, who wished him to christen the child, and to
name it Elsa. Mr. Kyle is since married. Her sister
was very low in health and spirits, and had been so eves
since the marriage a Mr. Ryle.
Cross-exaniiieed by Mr.Corrtanhast—Her sister had
done very little work since; she had assisted in the'
house; she had been to Stockport since—that was about
three miles arid a half from their house ; she never told
her father what a capital match it would be—that her
sister was going to be married to Mr. Kyle, the great
surgeon. It was not usual for young women t tell
their faller) atout such things ; she had seen Mr. Kyle
at Mr. Vaudrey's; her sister had been poorly, and she
went there for s me medicine. Mr. kyle did not attend
witness; another surgeon did. She saw nothing given
tl.e old man at the wakes; nothiagoi a shining. Wore