Star.
London, England, 1827-12-10 00:00:00

BREACH OF PROMISE OF MARRIAGE.

COURT OF COMMON PLEAS, Dee. a.
Suing, after Michaelmas Term' before Mr. Justice Ilitaamma
and a Commoa Jury. .
PHILLIPS P. CSLITCHLCIN
Although this case was of the class which usually
attracts a numerous auditory, yet the Court on tbis
occasion was not particularly crowded at the com-
mencement of the proceedings, and only a few females
were in the gallery; but before the cease had ad-
vanced far, every part of the emu was filled.
Mr. Sergeant WILD, who appeared for the defend-
ant, required that all the witnesses should retire.
Mr. Toatunson opened the pleadings; he stated that
Susan Phillips was the plaintiff, and Wm. Crutchley
the defendant. It was an action brought by the plain.
tiff, to recover compensation in damages for thelinjury
and disappointment she bad experienced in consequence
of a breach of promise of marriage on the part of the
defendant. The damages were laid at 1,0001. The
defendant pleaded the general issue.
Mr. Sergeant TAMP addressed the Court on behalf
of the plaintiff, who is the daughter of a respectable
tradesman, residing in Camberwell-road, Kennington,
and defendant a builder, residing in Camden Town.—
The plaintiff was on a visit to a Mrs. Woods, where
Mr. Crutchley was in the habit of visiting, and where
he first commenced paying his addresses to the plaintiff,
whose age is 23, while Mr. Crutchley is 45; so th •t it
could not be said he was not sufficiently old to know
what he was doing when he made a formal proposal to
Miss Phillips, in the presence of Mrs. Woods, and ac-
tually fixed the church at Hillingdon, in Kent, to be
the one where, in a few weeks, he hoped to be married
to her. This was done in the month of May, and pa the
Gth of June he was married at a church in Suffolk to a
Miss Fanny Moore.
The Learned Sergeant then proceeded to comment in
no very measured terms on the disgraceful and wanton
conduct of the defendant, and called upon the Jury to
award heavy damages, thereby showing the opinion they
entertained of a person acting in the manner the defen-
dant in this case had drone. He then proceeded to call
witnesses to substantiate his case.

Anne Woods examined by Mr. Tostrattsotr— Is the
wife of John Wood.; she resides in Camden Town;
Miss Phillips was on a visit to her in October last; Mr.
Crutcbley frequently visited witness's husband; does not
know whether Mr. Crutchley had previously known
Miss Phillips ; did m t observe Mr. Crutchley pay more
than ordinary attention to Miss Phillips; Miss Phillips's
visit was not more than a fortnight; did tell Mr.
Crutchley that the plaintiff had no fortune; i.e said that
" his work was done."
, Anne Phillips, examined by Mr. Sergeant TADDY...
Is mother to the plaintiff; remembers her being on a
visit to the last witness; she returned home in Nov.
The defendant called in a few days after; he staid but
a short time; he frequently repeated his visits after-
wards; never knew any thing of him until his first
visit. The plaintiff had informed her of M,r Crutchley's
attentions to her; frequently heard the defendant call
her daughter " Mrs. W. C.;" has often heard Mr. C.
express his intentions to marry the plaintiff. On the'
20th of February last her house was broken open, and
some plate and part of the wedding clothes were
stolen, upon which Mr. C. asked if they could be re-
placed in ten days? About, that time one of witness's
servants was about to leave, and the defendant observed
that she would do for him when he was married ; upon
which the witness observed, " No, Crutchley, she will
not do for you, she is not a sufficiently good cook, and
you know you are fond of good living'—(Much laugh--
ter.) At the last visit the defendant said to her daugh-
ter, " GOD bless you, good night, I shall take you home
in a few weeks."—(Great laughter.)
Cross-tiamined by Mr. Sergeant Wilma—Her
daughter bad received about four letters from the de-
fendant ; the last three or four visits the plaintiff was
affected to tears in consequence of some remarks made
by Mr. C. respecting his sister ; does not know that
he had complained to any person that any of her
family bad requited him to marry sooner than be
wished; witness certainly did remark to Mr. C. that
his having long had an. establishment, she saw nothing
to wait for; did of course read the letters which her
daughter received from the defendant; her daughter
had a suitor before the defendant. He bad been dead
about 18 months. It was Captain Bull. He never en-
tered witness's door. He bad not sufficient property to
maintain the plaintiff.
Sarah Maria Phillips, examined by Mr. Sergeant
TADDY—Is sister to the plaintiff. First saw the 'de-
fendant at her mother's in November twelvemonth.. He
made frequent visits afterwards. He always dined with
our family on a Sunday. Has heard Mr. Crutchley
repeatedly say he would marry the plaintiff, and gave
her the ring now produced, and requested her to wear
it constantly, observing, that he hoped the next ring he
should present her with would be a wedding ring. Mr.
C. repeatedly fixed the early part of July for the mar-
riage with the plaintiff.
Miss Moore, the sister of the present Mrs. Crutchley,
proved the marriage of the defendant with that Lady.
Cross-examined—Her sister had not a shilling.
Two letters from the defendant were put in and
read. Both spoke of the plaintiff in strong terms of
aB ction, and though written about tho time of the
separation, contained expressions of deep regret that
they should be divided, and declared the delendanes-
wish, that if they met again they might meet as friends.
The letters also spoke of the defendant's ceasing to visit
her as if he had done so in consequence of the pain which
his visit seemed to give her, and from no other CAUS4h.
'lbis was the plaintiff's case.
Mr. Sergeant WILIM with whom was Mr. A NDRIBWS,
addressed the Jury for the defendant. Nothing, he said, k
was more probable than that at first sight a man might
be much struck by a female, and he might behave with
great attention towards her for some time, and might
perhaps, speak of marriage to her; but during the
course f his attentions to her he might discover some-
thing in her character, not directly wrong or improper,
but a certain something that convinced him be could
not be happy with her if he married her. Was a man,

under thOsicireurnstances, he asked, bound to marry
her, knowing that by so doing, he should render him-
self and her miserable for life? Where was the being
who would say that a man, having this conviction on
his mind, was compelled to take a woman to the altar,
because be had once paid her particular attention ?
The defendant admitted that be had once loved the
plaintiff most earnestly. and had intended to make
her his wife ; but as he became better acquainted
with her charac'er, he discovered in her certain traits
which convinced him that he could not be happy
with her, and he had declared this to her in an open
manly manner ; and having done so, what reason had
the plaintiff now to complain ? She had sustained no
less; for if the marriage presented no prospect of happi-
ness to either, what damage bad been sustained from its
not having been carried tato effect. Separately, they
formed respectable members of society ; but married, it
might be different; and if no happiness arose from the

union, the woman would be consigned to a wretched
home, and the man would be driven Irons hisown house,
—he seeking amusement abroad, and she conducting
' ersvlf in a rnamier at home which might make it an
even chance that she did not again appear in a Court
er Jnitice.
My. Janice lionnovost, in sansmitig up, said. he was
of opinion that there wai ~ems of a general pro.
mite of marriage, and the only question therefore for
the jury would be as to the amount of damages.—
Thete was no question but that they had for some
time conducted themselves as persons about to be
married ; and if misconduct on her part was stated as a
lesson for breaking .off the match, that-should have
been proved in evidence by the defendant. It was
also clear, that the parents could not have been
guilty of any trick or device to catch the defendant,
and get him to marry the daughter, for it appeared
that they first became acqoainted at the house of
a Mr. Woods. Under these circumstances, a verdict
must pass for the plaintiff, but the Jury would recollect
that they were not io give vindictive damages, but only
such as they should consider were a fair compensation
for the loss she had sustained.
The Jury immediately found for the plaintiff—Di-
mages 2001.

OLD BAILEY SESSIONS, Dr.c. 8.

OLD COURT.
•
Before Mr. SCTIOSCIt ALUM.

William Quia, aged 17. was indicted for stealing in
the dwelling-house of the Rev. George Greig, Vincent.
square, Westminster, a clock, value 101. his property.
Tire prisoner was one of a gang who broke into the
prosecutor% house on the 16th August. Two of them
have been taken (Barnett and Morpeth), tried, and capi-
tally convicted, at farmer Sessions.
The same evidence was adduced against this prisoner
as in the former cases; but-to prove his identity, a little
boy was called, who had only seen him tor a moment
when in company with Barnett, who had the clock in
his possession. The other witnesses could not speak to
the pet son.—Under these circumstances the Judge di-
rected an acquittal.
Wiilia,' Davies was indicted for the wilful murder of
Witlism Clark.
Willi4m Baldy, a tripeman, stated, that about four
o'clock in the afternoon of the 3d of November he was
passing through Cow-cross; he saw the prisoner push
the deceased out.of his house on to the pavement ; the
deceased fell on his buck; when he got up, he turned,
as if with, the intention of forcing his way into the psi
soner% house, when the latter seized him with both his
hand, and pushed him down into the middle of the
toad; he there remained quite insensible until witness
pocked him up; he was bleeding profusely from his
right ear. Witness said to the prisoner, " Good GOD
you have killed the man." Prisoner replied, rr 1
don't care—let him die and be d—d." Witness re-
quested prisoner would send for a Doctor, but be re-
fused, and again said, " Let him die and be d—d, he
deserves it all- e. in the mean time some persons took
the deceased to St. Bartholomew's Hospital.

William Elliott confirmed the above evidence ; he did
not consider the prisoner used more violence than was
necessary to prevent the deceased from again entering
his shop ; the deceased was intoxicated.
Gtiffith Davies, a linen•draper, stated, that he was
in the prisoner's shop on the day in question ; the
deceased came in and was very noisy ; the prisonef
remonstrated with him, on which he said, " He would
be d—d but he would make as much noise as he liked."
He then attempted to strike the prisoner with a stick,
when prisoner wrenched it from him, and pushed him
out into the passage, and threw the stick after him;
deceased dared, prisoner to come out, and at length he
did so ; witness did not see what passed afterwards.
• Mr. Chao. Caswell, house surgeon at St. Bartholo-
mew's Hospital, stated, that he examined the deceased
when he was brought there; he found that his skull
was fractured, and that be had sustained other consi-
derab.e injuries; he died on the Friday following.

A number of other witnesses were examined, some of
whom described the posh, given by the prisoner to the
deceased as a very violent one, while others described
it as very gentle. Excepting as to this point, they all
gave nearly the same account of the transaction.
Mr. ADOLPHUS raised an objection that the deceased
had not been identified as the person named in the
indictment.

The RICORDER rt called each of the witnesses, bat none
of them could prove the name or identity of the deceased.
The objection was held to be fatal, and the prisoner'
wait imnsequent I y acquitted.

Ass Inquest was holden on Saturday evening at the
Swap Public-house, Mansel-stree, Goodman's Fields,
beforeJ. W. UNwIN, Esq. on the body of Ante Peters
an aged East Indian female. On the preceding day the
deemed, who had been an old servant in the family of
Mr. Openbeim, came to visit them. In die course of the
Afternoon Miss Openheim, a young Lady of about 18
years of age, in a playful mood, took her by the arms
and raised her to such a height that her head came, with
some violence, in contact with the ceiling. She imme-
diately becime insensible, and though medical aid was
procured, expired. The Jury adjourned in order to
have the bead opened.
Saturday sennight a person who had been in Liver-
-pool about ten days, decamped from the White Bear
Inn. Dale-street, after, as is supposed, he had broken
open a desk, and taken therefrom money to the amount
of 201. He bad stated that he was on his war to Ame-
rica; but it was ascertained that he,.left Liverpool in
the Earns coach, for London.

- .
Saturday morning. at 7 o'clock a dreadful accident
happened at Kew Palace. For, some months an im-
mense number of men have been engaged in regularly
pulling down the palace, and cleansing and clearing
away the materials; and on Saturday morning, when.
there were about 30 men in the immediate neighbour
hood of the works, the walls suddenly fell, and buried
in the ruins many of the men. Efforts were not only
made to extricate those buried in the ruins, but to as-
certain the number missing. Several were speedily
extricated, some not very seriously wounded, while
others afford no hopes of eventual recovery. Carts were
promptly obtained to convey them to places where they
might get surgical assistance, to S:. George's Hospital,
and the fate of one man in particular excited a good
deal of commiseration. His thighs were broken, his
head and face mach bruised and cut, but it was thought
his life might be preserved.— He was attended by his
wife, who had been quickly-drawn to the scene of ruin ;
And he was carefully laid in a cart to be forwarded to
St. George's asap's'''. On arriving at Hammersmith
iecree,sed -pains came on; he was evidently in great
golly ; he violently struggled, raised himself from his
position in spite of efforts to keep him down, and after
thus frantically existing himself for some time, he fell
back and expired. The poor woman's conduct after-
wards was of the moat agonizing descriptions