The Statesman.
London, England, 1823-04-10 00:00:00

place till September, when she found that Reading
would not marry her. There was a young man, named
Allen, at Portses, who paid his addresses to her. She '
corresponded with him until she knew Mr. Reading.
He was an apprentice in the dock-yard. He paid his ad-
dresses to her for a twelvemonth. It wu against her
ftiends consent.
On her cross-examination, she said that, after the
19th of August, Reading accused her of impropriety
with Powell. She solemnly denied it, and offered to con-
front Powell.
By the Junce—Witness was only on a visit with
I er sister, and would have come back at any time she was
bent fur.
Mrs. Johnson, sister to Miss Holmes, confirmed the
testimony of the last witnms, so far as she was con-
cerned. She spoke to Mr. It. after her sister had ems,-
municated her situation to her. He denied all know-
ledge of the fact. She afterwards spoke to him again;
she said the only reparation he could make to her war to
marry her. He said be would If her friends would give
her 5001.
Cross-examined—Miss Holmes was not her servant.
Her friends found her in clothes. She paid her no

i: .•••••• -

sot but find you guilty, is one of a very serious and very •
aggravated natu fel tis as offence whicloif oiler ate twould 1
'go to unhinge the very foundation of society.—Front
what has transpired in the course of the trial, and else-
where, of your former life and profession ass mos of re-
ligion,offering yourself as a guide and a pattern to others,
it does appear to me tut your case is greatly aggravated
—.That you, a man of such' pretensions, should be guilty
of such a crime, which not only religion but morality for:
bids. After you had deserted your first wife, you inflict
on another innocent person a wrong for which
You can never make reparation. The conduct of your
first wife, in marrying again after you Lad Left her, can
afford no justification to )ott ; and, besides that, I now
find that even after your second marriage
.you violated
your vow to yonr second wife, and were living in a disA
graceful state with a third woman at the time of your apt
prehension. The offence of which you have been corn
victed is amongst some classes, I am sorry to say, viewed
very lightly. It is necessary to check this impression II
an example, and though I am sorry to see a man of your'
rears in such a situation, yet I feel It as a painful dntv,
imperative upon me, to pass on you the sentence of the
law, whice is, thatyoa be transported for the term of se-
ven years."
The prisoner appeared amazed at the sentence, bat it
was observed that he did not require the support of
the railings in going down from the liar, bat walked a
steady step.
LANCASTER ASSIZES, Aram 7.
SREACEI or PROMISE OF 3JARRIAGII,
HIRBERT it. BARROW.
This was an action brought to recover a emnpeesatios
in damages for the injury sustained by the plaintiff, be
reason of the defendant refusing to perform a promise of
marriage, which it was alleged he had made to her. The
damees were laid at 1,000/.
Mr. Baouotoor stated the case for the plaintiff. The
plaintiff, Miss Hibbert, was the daught-r of a hatter re-
siding at Failsworth, near Manchester; the defendant
was a publicau at the same place; lie was•lsinotelf the
owner of a public-louse, and was a in in in opulent cif-
leumstances. The parries were, therefore, pretty much s
a par with respect to their station in We. and he believed
'gnat in point of age. The intimacy between them hail
subsisted for a considerable time, and it anfortneatelv
happened that the plantitf, relying more than she ought
to have done on the honour and the repeated promises of
the defendantohad been Induced to stureuder her virtue
—a circumstesee which did not form a material part of
the present case, but might b- ni ide the ground of a Ss
palatises ot me complaint. After being
chi deluded by reiter Aral
romairiage, and put c from lime to time by
the defentlant,lierliopes of that union which he hail led
her to expect, were at length totally blighted by the mar-
riage of the defendant with anotoer woman, with whom
Ise received a considerable portion, and nothing was left
to the plaintiff but that compensation wide' she was
seeking, an I which he trusted she would receive at the
hands of the Jerry.
Ann Ogden, wife of David Ogden, of Failsworth, had
known the plaintiff for a long time; her father wad a
hatter. Koetv the defendant, who was a pithlwan at
Failsworth. The plaintiff and defentlato bad been inti-
mice for 12 or 14 years. Witness was in ha father's
house with them in the year l 1S ; they were talking to-
gether; defendant said if ever lie miss married to any wit.
man It %mild be to her; lie repeated this twice. He
afterwards asked her to go out at the door, he had a few
words to say to her, aliieh he did not wish amp one else to
bear. He took hold of It r band and led her to the door,
and said she anti he must be married very sow). Site had
a child several years ago; she was 30 pairs of age, and he
two or three and thirty.
Cross-exai JJ JJ ed by Mr. Wtooraus —Pray, Mrs: Og-
den, what is the age of your ol lest child?—Twelve years.
And your second ?—About eight.
And your third ?-1 t is dead ; it would hare been three
if it had lived.
And pray, Ma'am, when tiere you married ?—About
two years ago.
Bless me! had you all those children before you were
m 'tried ?—Yes, Sir.
What was the age of Miss !Jibbed's child when the
conversation took place which you have mentioned?—
Between two and three years.
Re-examined—The defendant married a Miss Simpson,
did be not?—Yes, Sir.
And old Simpson bu It him a public-house ?—Yes, Sir.
Miss Hibbert's fattier never did build him a public-
house, did he ?—No.
Mr. BROUGHAM—Aye, that's the difference, you know,
Ist tween the two ladies.
Charles Stott produced a certificate of the did; ads, t's
marriage, which took place on the 22 I of Au . ust, 1022.
Served defendant with the writ in this action. He said
he bad paid money enough on account of the child ; he
did not want to pay any mnre.
Mr. Wit.t.tasss,lor the defendant, contended, that be
the plaintiff could recover in this action, the Jury
must be convinced not only that the words imputed to
the defendant were really uttered by bim, but also that
they were understood by the parties at the time to b: a
distinct promise of marriage binding upon both. And
what were the witnesses who, were called to prove this
notable case ? There was the particular frienu, the inti-
mate associate of the plaintiff, who came shamelessly ins
the box, and admitted that she had three bastard children
before marriage. What sort of reliance could they
place upon her testimony, when they saw such a laxity
in that point of morality which was so essential to a
female? Even if they believed the promise, of which evi-
dence was given, what did it amount to? The defends
ant led the plaintiff to the door, and whispered in her
ear some idle words, which just as touch amounted to a
legal and binding promise of marriage, as jumping over
a broomstick constituted a binding ceremony. It was in
evidence, that the connection b-tween the parties had
subsisted for years, and that so long as the defendant re-
mained unmarried, the plaintiff did not give herself any
trouble about it.
" Cursed be all laws but those which Love has made,"
would, hs supoosed, have been her mot.% if ever site hail
read the Post, so long as slot could live in a state of con-
cubinage with the defendant. But o loot he got married
—when this sinner became a publican—she was inflamed
with the sight of his house—she thought some money
might be got from him, and she set h-rself about proving
a breach of promise of marriage by the testimony of that
witness whom they hail heard, but tell, he trusted, they
would not believe.
Mr. Justice HOUROYD summed up, and the•J nry re.
turned a verdict for the defendant.

wages.
Mrs. Oreenway lives at Baddinglon. Miss Holmes
was on a visit wit!► her. Mr. Heading visited her there ;
nothing improper passed between them.
This was the case for the plaintiff.
Mr. DENSIAN here urged that there was no proof of
Service to her father. It WAS rather proved that she bad
been in the service of another person.
The Junco--Then 1.11 ►iall the girl to ask-her if she
made tea for her mother.
Miss Holmes examined by the Judge.—l have fre-
quently made tea for my mother, and attended her when
She was ill.
Mr. DENUAN then addressed the Jury, and ingeni-
ously commented on the evidence with a view to the mi-
tigation of damages.
Ale. Justice PARK summed up, and elaborately set
forth the law of the case.
The Jury, after a quarter of an hour's consultation, re-
I turned a Verd ic t foe tue plaintiff—Damages 2001.

BRISTOL., Tegeoat.
Before the Recorder, Sir RORCRT GIFFORD.
Thomas Day, aged GI, a Dissenting preacher, a man
of meek and pious exterior, was tried upon an indict-
ment for bigamy, in having intermarried with Elizabeth
Doncaster, his former wife, Mary Day, being still
alive.
The Parish Clerk of the Parish of St. Mary, Woolwich,
in Kent, proved that on the 26th of August, I e. 419, a
marriage was soleuiniacd at the Parish Church by banns,
between a man of the name of Thomas Day, and a wir-
man named Mary Lancaster.
A Baker, residing iti ti,e Borough of Bristol, stated
that he knew the prisoner, who had lodged in his house
for nearly four years, and during that time lived with a
woman of the name of Doncaster, or Davis, who always
passed for and was taken to be his wife, until his former
wife, Mary Lancaster, came up from ondon, and insist-
ed (limn some provision for her children by him, when
" fitnons piece of work" took place between the wives.
Elizabeth Doncaster, the last female married, stated
that she had known the prisoner for more than ten years.
She knew Lim first at Bristol, and was married to him at
St. Mary's Church in that City., and she had lived with
him ever since. She was present when the prisoner oas
taken before the Mayor, where he acknowledged that he
had been married to Mary Lancaster. The witnew was
much afflicted at her situation as a witness against the
prisoner.
Cross-examined by the prisoner.—Witness 'lid not hear
Mary Lancaster acknowledged that she had no right to
him.
The prisoner was then called upon for his defence,
when he began to complain of the many visitations
which he had recently endured, and amongst them of
severe illnesses in consequence of the imprisonment and,
the tribulation which he had already undergone for his
sins. " When I took Mary Lancaster by the hand, my
Lord," said he, "I lived with her about a month, when
I found her out in the most sitafal doings. She went af-1
ter other men ; and when I exhorted her about it, she
told me she could not help it, for she was fond of variety.,
" I find I like variety," says she, and so I verily believe
she did.—(Laughter.) However 1 stood it like Job, till
one day l found her with a young shoemaker in any very
house. I took him by the scuff of the neck and turned
him out. Then I exhorted her. Says she "I am very
sorry for it, and I'll try not to do so again ; but, says
she "ill let you into a secret. 1 haveanother husband on
board the Topaze East Indianian ; he has much more riht
to me than yon have, and as soon as he lands meang to
go to him."—" Very well," says I, and so you may, for
I don't like to keep another man's property." And so
she was married, that is the truth ; here is the copy of
her register, to show that she is married now.—(fhe
prisoner pat in the copy of the register.) And besides
that, she married a man from Deal, I believe, and served
him the same as she's served me, only I could never fa-
thom the bottom of it. I then took my wife Elizabeth
by the band ; but do assure your .Lordship, that I
neither married her" wilfully, wickedly, or maliciously,"
nor with a view of breaking the marriage oath. If I
was now upon my salvation, 1 should lie acquitted of
that, and I hope I shall be acquitted here. The prisoner'
then proceeding to promise the learned Judge that, if
he was merciful to him, he should "have his prayers."
He continued, "I will only say further, what was said
by the very best Judge that ever eat on a bench. If there
is a doubt, incline the scale on the side of the prisoner."
The learned JUDGII, in his charge to the Jury, told
them there was nothing beyond the prisoner's bare asser-
tion to prove that Mary Lancaster was the wife of air
other man before he married her. His Lordship saw no-
thing in this case to rest a doubt upon.
'fbe Jury suggested to his Lordship that the copy of
the marriage-register formed a strong corroboration of the'
prisoaer's statement.
The learned JUDGE said that the copy could not be
received as evidence.
The Jury, after a short deliberation, found the pads
soner (Willy, but recommended him to mercy.
His Lordship, after the Jury had delivered their ver-
dict, told them that the register of the first wife's second
marriage, so far from proving the prisoner's case, proved
that she was married after his marriage. The register
proved that she was married again in 1811.
After the trials of the other prisoners bad been gone
through, the prisoner was brought tip for sentence. His
appearance and manner had undergone a remarkable al-
teration. His weakness had increased apparently to the
last extremity: lie walked with trembling steps, sapport-
ing himself by the railings, and after having rested him-
self to recover strength to speak, he said, in a weak, "
die
away" tone of voice, scarcel audible, " Most excellent
Judge, be pleased to hear a/ew words from one ..ho ad-
dresses you in the bitterness of penitence. Be merciful
to me, my Lord, for my constitution is lost ; I am very
ill, very ill, indeed; and if your Lordship visiteth use
with much imprisonment, 1 fear, alas ! that I must shortly
appear where sinners cease to trouble. As it was said by
the Lord of those who 'night the gate of mercy in peni-
tence, Seek, and ye shill find ; knock, and it shall be
opened atria you ;' so I hope It *ill be opened to-day to
me, who am truly penitent. I will conclude by saying,
as the last words of our Lord Jestis were to the thief,—
. Verily I say unto thee, to-day thou shalt be with me io •
Paradise; so 1 hope l shall to-day be in the Paradise of oak f
London: Edited, Petaled, and Pabllsited, at the e *
ineicy with your Lordship."
His Lordship then addressed the prisoner to the M. Tu. IIiTAVILIMAN, No. 5197 Stein* by lb, WRDELL.
lowing eflFtt :—" The offence of Which the Jury coed* LI.. it: to whom all Commute" Ohm, OrOrrs, bc. ate re,
quested to be addressed.

MARRIEO.—On Tuesday last,,Joseph Bainbridge, Esq.,.
of Hatton-garden, surgeon in the East [mit Company's ser-
vice, to Mts. Richardson, of Okford-street.
On the 9•Ft ir st., at St. Bartholomew's the Great. Archi-
bald Maclaurin, Esq., Solna-raft-house, to Mary Ann Hester,
only daughter of Tho.i.as Hester, R-q Clothfair.
On Tuesday. the Wit inst., at St. Atoms New Church,
Mr. Justin M`Carthy, to Miss Samna Nowise, of Claren-
don-square,

- .
----
DIED.—On the 1111 Inst.. In Wilmot-street, Bien.eick
square, in her 761 h year, hlrs. Elizabeth Calvert, rilict of
Mr. Jima Calvert, formarlv of Old-street.
On Wednesdey, the 2d Instant, at' Kaoline, James,
youngest son of Robert Alderson, Esq.. Norwich.
On the inst.. John (*ethyl, Esq., of Reedly, oat. ef
Basinghall-street), aged 49.