The Statesman.
London, England, 1822-08-10 00:00:00

THE STATESMAN.

the Jury, as :nen and as fathers, world do their dote
this day, and hire such damages as would convince earls
men as the defendent, that they were not to stifle with
the fairest part of all creation—lovely woman—without
rust chastisement such conduct Judy merited. The
Learned Sergeant thee reed various (abet letters from
the defendant, in which the same love strain followed,
*herein the defendant had quoted several of the posh
to illustrate his love; and not only on love alone, bet
he could call even Setiptnre to his aid; and the Devil,
said the Learned Sergeant, could quote &rioter' to
serve his purpose. One time he would call God to wit-
ness his affection, in the most fervent nranber, and de-
scribed her as one in whom his soul found all repels;
et another he would say, after writing to his darner
Harriet OR board the cutter, that it was then time to bid
her adieo, and invoked Somme in the language of Dr.
Young, where he save—
Tied Nature's sweet restorer, balmy Sleep."
This and many other passages he would read to show
the itypoesy of the defendant ; and the Jury would
hear, he was sore, enough to show bow the miler hod
acted his part—a part which no man would envy who
had even a single particle of the feelings of human sta-
ture, or of man, about bits. At another time he would
write that be looked forward for that 'scud hour when
God should unite them and make them as one. and boil
the pot for a dosen. What did he deserve? The coo.
tempt of every man. Nothing could be said against his
client; she certainly moved in an humble sphere of life:
she kept, he believed, a little school, and was, compared
with the defendant, in an amiable situation, end who
deserved the pity of every person. But now comes,
continued the Learned Sergeant, the baseness of NN de-
fendant's conduct. From the 29th of Jaatmer.lttil,
ere two bitter moons had passed," it was no loorrec4—
"My d Harriet." The letter is dated from Ips-
wich, Suffolk, and commences " With a heart torn
with anguish, and overpowered by his feelings, it was
his painful task to inform her, that their correspondence
must cease, and begged that she would write to him so
snore, bat forget their unfortunate attachnseat, and
pity the situation in which be was placed. as he did
her's, and which did sot arise from his own wish, het
from that of others whom it was his duty to obey," sod
after a studied letter of indifference, cesclided, as
might be expected, in a different strain from his other
letter. His client's health wee most materially injured
by tLis faithless act of the defendant, and medical as-
sistance was obliged to be called in to her aid, and which
continued for the space of two months, sod she was now
in very ill health ; she had never seen the defendant
since in Cornwall. He was at the time of their corres-
pondent* a midshipman, in the 24th year of his see,
since which he had passed his exansimatios as a Lieute-
nant.
Dornmeots were then put in to show that the defend-
ant, by his own admission, was entitled .to considerable
prise.
Mr. Sa mew, for the defendant, admitted that bic ell gat
was married on the sth of July, 1921, to the daughter of
a Captain in the Navy, to whom it appeared the brother
of the plaintiff had previously sent a letter, acquainting
the Captain of the dishonourable part he had acted to-
wards his sister, which letter was afterwards returned by
the defendant enveloped in soother, in which he stated
that her brother's letter had no weight with the geode-
man to Whom it was addressed, and that her brother
"fancied be played an organ), wham he only blew the
bellows," with other oh lions, with an evident in-
tendon to insult the feelings of the brother, as well as
those of the unfortunate plaintiff.
Mr. SeLwen, in continuation, eulogised the tilde and
eloquent strain of his Learned Friend, Sergeant Pell,
and admitted that a verdict must pass against his client,
Wheat wades* he ilidmommsad Itameard Js 461101.11010 j

this particular occasion, for the defendant was w 047417
ing to admit it, and meet it in the best way he posaildp
could, which was all the amende Amon:big that was 1101
him to make, sod, with the honesty of a sailor, confessed
his crime. It had been jnstly said, that
" Absence is the grave of love,"
and he was sorry for the young lady, for hom his client'
even now felt a sympathy, and whose conduct the de-
readapt had said, in his letter to her brother, he should
for ever admire, and her virtues Ls should over.ososoe.
He did not ea; this in an ironical miner. Ins client's
situation was made different from what it formerly wits,
aid therefore nothing remained bet for his dint to ex-
press sorrow at what had passed. A s reganled damages, the
Jury must take into their consideration the situation of
the defendant. Something had been said as to pries.
money which the defendant was entitled to, and did re-
ceive, to the amount of between two and three hundred
pounds i but they all knew how a sailor spent his Imo-
tfey. The law of England did not know of any such
thing as excessive damages; his client's titration pre-
cluded his paying vindictive damages. fie was mid-
shipment and if these were given, it would in el pro-
bability doom his client to a prison for life, and there-
fore the Jury would give mild and temperate damage.,
which would best suit the justice of the case.
The Learned JeDeg left It to the Jury to say what the
plaintiff was entitled to for the loss of that peace of mind
the defendant had been the cause of deprisiug his
daughter of; but they were to banish from their minds
vindictive damages. They were bound to consider the
situation of the defendant, and his pecuniary means of
paving them.
The Jury consulted for a short time, and gave a ver-
dict in favour of plaintiff for 200/.
HEREFORD, Ace. 7.
MACH OF PROMISE Or MARRIAGS—...Ttiff OggiLg•
MAN AGAINST Tffg LADS.
TIIOIIIIIB V. JOKE,.
Is this ease, David Thomas. Ent , sought a romp's-
mitten is damages against Miss Hannah Natalia. for a
breach of promise of marriage.

I

Mr. TAUNTON stated that it was rather ao nettanal
circumstance that a gentleman should ban to pournat
himself es a plaintiff upon each an occasion ; because.
to the honour of the ladies, in engagemems of this
sort, they were g Ily faithful ; bur sto tit% occa-
sion the plaintiff had to complain of an extremely
serious injury—not merely to his feelings, bet also in
consequence of the lady's caprice hewing pat him to
considerable expense in preparing The thaehjinppy,
event, which, at one time, be unquestiosabb, antici-
pator!. The defendant, Mks Hangeh lone, Lad not
to urge, in her excuse, the le►ity and iodenistency
of youth, because she had attained to fall years of
discretion, having arrived at the meagre age uf 41i.
lied it happened that his client bad been gni! y of
that fickleness, it would have been matter of coos.
plaint. on the part of his Leerved Friend, that
he had shown that sort of letity which}conger
persona sometimes indulged in—he being hot
thirty-eight years of ale. The parties were re.
spectable, and po ed of property ; and the court.
ship was carried on, not clandestinely sail
but under the eye and with the 'analog' of Mee
doses's mother. The plaintiff's boosts being some.
what dilapidated and old-fashioned, at the migration
of She defendant, alterations and repairs we're dose to
it to the amount of 230/.; sad the lady upon this
occasion found or paid for a part of the timb►r. She
belonged to a clue of people called Auabaptists. end
she wu extremely desires*: whet she came to t►e
mansion•house of the *fade that she should not

t

have fai to go to.chapel, aid therefore she prevailed
en the plaintiff to grant a leen to the sticiety to
which she belonged of a piece of groom! oh his es-
tate, for the repose of • muting-luau being built
there. which meeting-hease still stood there. He
should prove, In tbr most satisfactory manner, the
promise of marriage on more occasion t►an one.—
He should also prove that in the snoods of Prbrnary,
1821, the p'aintiff.fiading that the lady had intimated
a wish to break off the match, seat her &formal Invi-
tation to come sod be married, which she deelined,
declaring that she never would have-the plaintiff for
I her husband. He, should also prove that Mite Jones
and Mr. David Thomas bad previously been to the
office of Mr. Lewis at Ll•ndilo, and signed proposals
for a settlement to be nude upon the marriage,
which proposals in substance were, that David Thomas.
in eessideratioa of 7001. to be paid by the mother of
Miss Jones, agreed to settle his estates to certaia
uses, first to himself aid wife for life, then to the
survivor, and after the decease of the survivor, to
their children, by entail male, &c. It was not extra-
ordinary that they *Wald have looked forward to the
usual consequences of marriage, and with that view
not only was provision made for sons, bat also for
dmegirters 1, in the anticipation of which • term of
1000 years was to be carved out of the freeholds, for
raising portions for these expected younger eisildson ;
se that a large family was really considered as
likely to be the resalt of this medium, cMos. The
Leanne.] Oentleman observed, that it was as light
matter for a gentleman, soder sack eircausstasees„
be pointed at in the country. as having beea jilted.
Suppose be should wish to make an engagement with
some other lady, would the ladies be en glad to re-
ceive him now, after this treatment of Miss Ilaaaab
Jones ? It was impassible to state this ease without
a smile, bat he trusted the Jury would not permit
the amusement which the cans* might afford thew,
to get the be.fer.of their sense of j.:stice ; and be
trusted they would in the end give his client sock
damages as in their sober consciences they thought be
ought to receive.
David Reese proved the lady's age to be 46: that'
Mt. David Thomas was courting her• in 1818; that
be is about SS years (dap; that a servant was hired by
Miss Jones, with a view that she marriage should take
piece at Allhallowtide, 1819, who lived under each
engagement is the plaintiff's house for twelve months.
She was subsequently examined. and stated that her
reason for leaving was that Miu Jones would not
marry Mr. Thomas.
Several *homes were called, who proved promises
of marriage on the part of the defendant—the repair-
ing of the plaiatiff's house—the building of the
chapel—and alas other poiats stated is Mr. Taal:toes
opening.
Mr. Castrnua. for the defendant, said this action
was sd 'Weida's. that Mr. Taunton had fumed it im-
possible to state the facts to the Jory with decent
gravity, though no man had greater powers of coon-
tenant*. His friend had exerted himself to the al-
most to mitres his gravity; but a smile enastaatly
betrayed the straggle, and, as the Jury must have'
seen, he actually several times burst tato a Wilk.—
' .aranspeep am aimima woo serer barn brossliciato
a Court ofJusfint. This Ortitleman, so doubt, tut&
well have worn the willow, and might indeed have
been considered au unfortanatilover ; bat would he
sot now, when/err be went in the principality., • be
pointed at as a person w►o wanted to inveigle in oM
woman into marriage for the sake of her fortune.. and
when he failed in that, wished to get it by -the ver-
dict of a Jary ? Surely he might have met with •
lady pongee, mere beautiful, and mere conformable
with tise objects of a marriage settlement. The
Learned Congeal said that the lady had certainly reach •
ed elm mature age of 46. Ole witness had said she
was vary beautiful; another Wonted, and seemed to
iadicate unto doubt oa that point. Now wes in-
structed to sum, and upon that the Jury would take
the lady.* own word, that she was exceedingly etha—
ne& te. say ugly; that she was not accomplished, for
that the instructions which had bee* drawn for a set-
tlement, and were said to have bees signed by her,
only bore her mark; that so letters bad been produc-
ed probably arose from the lady's inability to write ;
aid the latii must bare been very much astonished
when the conveyancer talked of provisions for the Ist,
24141, 4th, nth, 6th. 7th. tith, 9th, IGO), 11th, 12rti,
and all and every other the sons, &c., issue of this
marriage, unless the was a woman of very weak under-
stauding. Did it appear that the Esquire did not
keep a female servant before ? or did it appear that
be had is the slightest degree increased Ms establish.
went on amment of blies Hannah Jones ? lie most
have had • female servant to make Ms bed—du all
things is be done—milk his cows, &e. Such were
the &silage of the Learned Gentleman, that be must
repeat the apology of Mr. Tatintn,i, that in this
ease it was impossible to preserve gravity of counte-
nance;--that, however, was du fault of the cause,
and not of the Counsel. The expen.es to which the
plaintiff had been put in preparing for the wedding
could be alone gives io evidence as damages, the
'mewl' of which had not been in any way proved;
sad he therefore trusted that the Jury would send
the plaintiff back to the county of Pembroke with
the indignation and contempt which he so juglv
merited.

Mr. Justice BAYLEY, in charging the Jury, ob-
served, that actions of this nature were nut euintnun,
but stile this was a ease in which an action woult lie.
and that the promise and the breach bad both been
clearly proved. It, therefore, became a question for
the Jury to missider what climaxes they would give,
as to the ►epairs of the house sof the plain•ill, there
was no evidence that they were done at the sugeettitr:
of the defendant ; and with ragged to the building
of the chapel, it was not at all improbable that tl'.•
pl.lntiff himself was a member of the Anabaptist
Society, and was thereby induced to give up 1.0 them
a piece of land for the purpose of building a chapel.—
The Jory,therefore, ought not, in estimating the da-
mages, to give more than the expense whirl' the plain-
tiff bad actually been put to in preparing fur the pro-
posed wedding.
The Jury consulted for a few minutes. and returned
a verdict fur the plaintiff—Damages, IN/.

A contract has been entered into he a Mr. Pilbraw,
and was commenced upon, on the I►t of August. f.r
maintaining. clothing. loc. the poor is the workhouse
of the parish of Maidstone. The contract is taken at
121. lld, per bead, per week.—(gent Herald.)

MACS OF ~IS. AT OVIR °TAMS. VHS DAY.
Soak Meek ...... .. 2.4 labs Stoat.
spr et. Red 411 t DIM 8.. h Ms. Oh pa.
1 pie ri: Cfs w ..... 11011 k I gest% Iles Mo.*. ...........
ILI per Get a Shrill Ike ON Ass • ........
4 'sr Caw I. 61.11111.1/
.. 78 se 68
Dow nen lOOlll. 5 P.
Aporeart. 1797 —XXX. s bgs ps.
I.sso Arm .... . !l 1-16 1, --Seidl 64 91. I ra.
lap. 4 pr et
Irish b piirCsal .