Star.
London, England, 1821-06-08 00:00:00

LAW INTELLIGENCE.

COURT OF COMMON PLEAS, JUNE 7.
BREACH OF PROMISE OF MARRIAGE.
BUDD V. DUGGIN.
The damages were laid at £l,OOO.
Mr. Serjeant PELL laid the plaintiff's case before
the Jury. It was an action brought by the plaintiff,
Anne Sophia Budd, against the defendant, Thomas
Duggin, to recover compensation for the breach
of an engagement into which he had entered with
her. The plaintiff, who was a very young woman,
was daughter to the late Treasurer of the Richmond
Theatre, and he would challenge the strictest and
most severe scrutiny into her conduct, moral and re-
ligiotb, although her father and mother were both
dead. Deprived of their protection at an early age,
!..:!c was brought up to business in the hat line, an
v:!iich she had b:•en employed since their death. The
cl.:fendant was a hatter, and kept a shop in Newgate-
s:rect, where he had a respectable share of. business.
In the early part of 1819, the plaintiff became ac-
quainted with the defendant: she was then intimate
with the family of a man named Salt, whose son was
at one time disposed to enter into a serious engage-
ment with her. She had not, however, accepted of
him, although he wished by all fair means to gain
her affections. An intimacy then commenced be-
tween her and the defendant, during the continuance
of which she had every reason to expect that she
should become his wife. In some time, however, his
love began to cool. Whether it was that prudential
considerations had checked the current of his affec-
tions towards her whom he had destined to be his
wife, or not, it was impossible to say; but in the,
course of the last year he gave her to understand
Oat she need not expect him to fulfil.those inten-
tions towards her which he had before expressed.—
He should now read some of the correspondence
which had taken place between them, parts of which
♦.ere indicative of strong attachment, and parts of a
most ludicrous description; and it were well if this
young man could mend the character and style of
his address, before his next correspondence took place
with a young lady. The Learned Serjeant then read
some extracts from the defendant's letters. (They
are given verbatim, though not literatins!)—The first
was dated the 15th of February, 1819—as follows:

" Dean N 1153—1 take the liberty of once more writing, of
which intrusion I hope you will excuss• ; and must beg another
favour, that is by keep this lettet to yourself, as the senti-
ments of my heart I am about to open, prompt by the affec-
tion of nature for you alone. You will say my affection is soon
gained, as it is fell on you after knowing you such a short time ;
but, dear Miss believe me, it is not soon as you think ; for I
know young Ladies for length of time, and my affection has
never fell on them as it has on you; for your charms, dear Miss,
is enough to gain love and affection of any young Gentleman ;
for I du declare, the first hour I saw you, you gained my
strongest love and affection, and was satisfied is nay own mind
you would make a happy wife
Dear Miss, I do firmly and do solemnly declare that you gained
my greatest affection that ever a usan could have for a female.
I have been much grieved at not having a half hour intercourse
with you, that I might bad the gratification of acknowledging
ray affectinns to yen before present moment. Dear Miss, you
say it is very Ea- fr::n your wish to deceive any person, particu-
lar on :his sullied.. I reel myself extremely glad and happy you
think it sn-lt a tender part ; far to trifle with affection is like
touching the vital veins with a sharp instrument, of which will
soon prove death, if nut stopped in time
Dear Miss, I have now taken ua my pen again to finish this let-
ter with eyes free from tears, v:llich was not the case when I
t•f: it. In reading your letter, you say you are engaged to a
Gentleman, which it would be impossible for you to break off.
My dear blips, pray judge for yourself, for remember your en-
gagement will be for life."
The next letter was dated March 2:
is Oh, my dearest girl! hasten your private consent to relieve
the burden of your lover! Oh, my dearest Anne! fear not Mr.
or Mrs. Salt. Pray leave it to me ; I w ill settle all disappoint-
ments with them, with the help of ALLACIGHTT that is all-suffi-
cient. Then, my dearest girl, give me your consent that I may
arrange matters to procure your elopement, as I lately received
part of my property, which will furnish a house for your com-
fort. We, my dear girl, need not mention it to any body until
oar union a happiness is completed ; and then Gon will take us
under his care fur ever, and we shall live like Angels in Paradise
among all the blessings of I-IsAvie and•loved by All that know it
for joining in such happy union."
" August 2.
" MY MARLS? ANNV•••I am extremely sorry I could not have
the pleasure of seeing you yesterday, as I fully expected. Just
as I was going to make a start, a tremendous storm came on ' • I
being small, was much afraid of being washed away with flood.
After the storm was over, I was taken with a violent inflamma-
tion of my bowels. Could not step outside the door : I was in
bed by hale-past seven. Dear Anne, 1 should much like to know
what has been said or done respecting your leaving Ilomerton. It
you can drop me a line, I shall be glad. I hope I shall have the
pleasure of seeing you on Wednesday or Thursday next. I remain
your affectionate lover, till death, " TIIO. DUGGI N."
The Learned Serjeant, after commenting upon the
letters as he read them, stated, that shortly after this
the defendant, he did not know why, withdrew his
attentions. He understood that he had said he would
sooner risk the consequences of an action than marry
her, she was so addicted to untruths. Let him prove it.
George Payne was the first witness called. He
proved the hand-writing of the oefendant, who had
been his apprentice, and also the commencement of
the acquaintance of the parties with each other. The
plaintiff was then living with her aunt, and did busi-
ness for Mr. Salt. The defendant proposed taking
lodgings for her, as he intended to marry her ; but
the witness thinking that indelicate, took her into his
own house, where she remained for five or six months,
during which time she was frequently visited by the
defendant, and her conduct was perfectly proper.—
On his cross-examination, he said that the plaintiff
did not represent herself as having a large property.
He once heard her speak of a West India connection,
be.: he represented to her the fallacy of any expecta-
tions from that quarter. He never understood that'
she po sessed more than £lOO, and he afterwards
heard she had but £5O. She did not shew him a
sealed packet addressed to Sir Home Popham, which
she said contained her title to that property ; she never
told witness she bad been married before. She left

his house two or three months before the match was
broken off, because he became embarrassed. The
plaintiff is twenty-two or twenty-three years of age.
Mary Hubbcrt lives at 35, Snow's-fields, where the
plaintiff has been residing with her for nearly a twelve-
month. Witness is a married woman, and has daugh-
ters who live with her. On cross-examination, she cle-
rk4:l that she had ever received any complaints of the
conduct of her daughters or the plaintiff. She never
heard anything respecting a Midshipman.
Several letters from the defendant having bees
read, the case for the plaintiff closed here.

Mr. Serjeant VAUGHAN admitted that a young
woman had a right to procure a husband for herself
if she could ; but, then, she must use fair play, and

make no wilful misrept.sentations, as hid been done
in this case. Nothing had ever been better got up on
the Richmond Stage than the present plot—Elle
plaintiff, a pretty-looking girl, with her sister, was
sitting in the gallery opposite the Jury-box]—and
she was here herself to-day, to take a part in Me last
act. Nor was there ever a man more formed by na-
ture to become the easy victim of an artful woman,
than the defendant. He hoped that the Jury even
might not have their passions inflamed, with the
plaintiff in full view; with her pretty face and hand-
some bonnet. There she sits, "in a green and yellow
melancholy."• However, he thought, from her pre-
sence, that she was likely to survive the present shock;
and, he dared say, when she procured their verdict,'
if she got one, she was ready to exclaim with Dryden,
Again I stand
The jolliest spinster in the land !"
He would prove to the Jury, that she acknowledged
she had slept three nights with a young Midshipman ;
And as to her attachment to the defendant, she had
declared that she did not love him; that she preferred
Salt's little finger to his whole body. He would shew
also that she had represented herself as a large for-
tune ; and carried the farce so far as to fold up a
parcel, directed to Sir• Home Popham, calling it her
title to her fortune in the West Indies ; that she had
stated that she was married ; and if so, one husband
was sufficient fur her ; no seasonable woman ought
to have two.

Esther Eela,' a schoolmistress, at whose house the
plaintiff resided for some time, was examined princi-
pally as to a comMunicaticn which she said she had
received from Mr. Croft, a solicitor, in Chancery-
lane, respecting a large property and a box of dia-
monds, to which she had a claim, in the \Vest Indies.

Mr. Croft swore he did not know the plaintiff, nor
had he ever had any communication with her.
On his cross-examination he admitted he knew her
brother Benjamin, at Richmond; and also her mo-
ther, who once held a respectable situation in society.
The brother called upon him two years ago, with re-
ference to a supposed right of property in the family,
through an uncle who had gone to the West Indies.

. Jane Robinson was a servant in Mr. Salt's family
when Sophia Budd was living there. One time, upon
hearing witness speak of Mrs. Benton, who had made
a present of a parrot to some person, the plaintiff's
countenance changed colour, and she asked whe.
ther that Mrs. Benton had a son ? Witness replied
that she had three sons, two of whom 'she had seen,
but the third had been absent for about five years.
She afterwards told witness, that if she would keep
a secret, she would acquaint her with something that
would surprise her. Witness promised to keep her
secret; the plaintiff then said that she could marry
neither Mr. Salt nor Mr. Duggin, for she had been
married five years before to this Mr. Benton, and
that they had lived three days together. She.stated
nothing farther than that they slept together the first
night. Witness afterwards told this to Mr. and Mrs.
Salt, after the son had first communicated it to them,
for he too had been informed of it by the plaintiff ;
and the three were now in Court.

Oa her cross-examination she stated that the plain-
tiff said she had been married at a friend's house at
Richmond. It was after the plaintiff left Mr. Salt's
that she communicated this circumstance to the fa-
mily. She, however, visited there for two or three
months afterwards. Witness left Mr. Salt's in June,
1819, and had made the defendant acquainted with
this circumstance :about a month before.

Two other women, at whose houses the plaintiff
had lodged, were called, principally to prove that she
• had not, upon two or three occasions, returned home,
regularly. v Nothing, however, very matetial was
• elicited from their examination, except that she had
called the defendant :t Idge dandy, an ingignificara!
pappy, &c. aitd said she could not love him.
Small Morgan, a milliner, swore she had never,
beni at a ball with the plaintiff, nor had she slept
with her, as one of the preceding witnesses said she
hay stated upon one occasion, when she had remaimed
from home all night.
Aadtew Spitler, a.watchman, has seen the plaintiff
and the Miss Hubbetts return home at all hours of
the night from ten to two, accompanied by young
men, who used to stand shaking hands with and
kissing them for a considerable time.
Mr. Serjeant PELL commented with much indig-
nation on the evidence brought forward by the.
defendant.

The CHIEF JUSTICE, in summing up, particularly
directed the attention of the Jury to the extraordinary
circumstance of the plaintiff making a declaration
like that sworn to by Jane Robinson, at a time that
she was receiving the addresses of two young men,
o-e or other of whom she intended to marry. If the
Jary, however, believed the plaintiff was calumniated,
it ought to enhance the damages; but, whatever ver-
' diet they found, they should administer justice with
temperance, for all intemperance was injustice.
Verdict for the plaintiff--Damages, £lOO.