The Statesman.
London, England, 1823-01-03 00:00:00

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?RIM siefeft !VIM:

ihe married anothee. He said he would gleeller 3001. to
oat her into business; and allow herlither andonother
MS. a•year for their rest; of which be plaid 101. My
shier received- 201..ednimil3th of October,tlbrough Mrs.
ifenehm. . Ia: . ,•/..mum.::. • .
..i _Copt. Thurston/dated, that •the defendant had told
Alm law expected ninety 80,0001. from his father. it was
laid Arai settledtwitether be was entitled to the whale or
lameC haltad.eiboe said that he receives 1,30011 a' year
data dividends. .
1, ' ableteffeation asimi—.l keep thr.Rxebequer Codffiesbousi.
I know the defendant, and remember seeingmbisiebeforn
his marriage.. He brought the father of the plaintiff to
my bonne, and said be bad asked hie. 0012•61* 'add. bail
received it, to bite marriage with Betsy. I tantalum every
day till howas married. hater he bad been late*Oxforil-
shire, he said he bad seine drat cousin of Minot he
should:oot marry Miss Heder; but would marry /dies
Stereos. I asked him what be meant to do, as he had
promised Miss Hester marriage; whether hesitant to re-
uritnnrate her it any way ? He raid he w0u1d...4e world
give her 3001. to politer in business, aid bad edlised her
is look out for a shoo. which she accordtergiir lit Ile
also said lie should allow the father and mother 301. a
year for life.
Cross.exaniined.—The daughter was t• haatnothiog
to do with the 301. 1 advances' 201., which she took as
part of the 3001. She did not take the shop, because she
was ill. .Mr. Heiatt has-said that he received 20,000 i.
front hislatber.
.This was the case on the part of the plaintiff.
...The Soaactroa Gartanal. submittal, that *tithe plain-
tiff bad consented to take 3001. in satisfaction of her
'claim for damages.* and had actually received 901. on
• * ant.. she could not sustain the present action,
sanght to have enforcedibe agreement for tbe!pay men
taught
specific soon. •
he . LSO ID Lattee•Jttenotransid that there was elawie
fmsat: had the 3001-been paid, it might have been
ishatibfaction ; bat as it•was not paid, the plaintiff bade
thelas to resorewher.original remedy.
The SOLICITOIPUZ.NERA L then urged,that the evident*
die not sustain the prongs. in the d'eclaraties to merry
tomarishitt proussiable time." , r f •
The Lona Cater Jesrica overrakd.l die objecting,
thinking this allegation substautially peso( by the *lli-
dem,: • :a I‘,ll, ~,
The SoLictron-fli artaaat. then propels* * Mr, Phil-
lips to give a verdict for the balatme of aka after de-
ducting 201.
Mr. PHILLIPS replied that he would to this sum
and the raise of the thirty pounds a-year for the pentane
life • ..
I be LOAD Come JCSTICS observed, that the pro-
mis. to pay the 301. a year ruust be thrown oat of the
cast as it was made -not to the father. but to the
ta da ;Ater ; and she therefore, could not referee it., He
won'xi not, however, at all press th• plaiatiff icilavoitv
ta tl.r pror.sal. . ••. : - ' i•,. r
M. Put t.t.i re declined the offer. • ' * ..' ,
The Solicitor Osneral addressed *holm far tha Oa _
fonieet. • *Appealed. We jinamrif-4sneune- stall Set-
Mined,the teaser ...l a&
rat_temetta made is as opening.
The conduct of the plaintiff.was introduced as a dagrant
breach of a most delicate and solemn contract ; and the
celibacy ef the plaintiff was stated to be the eonseqnence
of ' twee fidelity The jury would very well remem-
ber, that this cease was really the cause of the father.
whd sal ported his daughter, and who employed the at-
torney ti and therefore they Would receive his statements
with great caution and jealousy. The defendant, ear-
remanded as he had beer, by the members of this family,
could call no witnesses to explain or contradict any of
their assertions, but was entirely at their mercy. They
would perceive, from the letter which had been rear'.
that be was a very ignorant man ; be had passed the
wandering life of a sailor, and was not very likely, in
destitution and in rags, to "ensnare" the affections of a
lady who had considerably the advantageof him in years.
Hospitably entertained, according to their means, by
her family, lie was ready, perhaps, to return her smiles;
hut there was no proof of any blandishments by which
he had obtained her love, or of the singular bold which
lie was said to possess on her affections. It did not ay-
pear that she wade any attetnpt to prevail on hint to re-
main in England; she never paid, "Marry me before you
go ;" she saw him depart without a murmur, and never
held any correspondence with him in his long absence.
Wee her celibacy, then, which had been so pathetically
deplored, to be attributed to her " rare fidelity," or to
her humble situation, her indigence, and that mature
age to whirls she hail arrived before she received the de-
fendant's addresses ? The learned counsel, who had
sought to give every part of the case an ingenious, a
fanciful, and an eloquent colouring, and asked them to
make it their own ; lie was willing to take the same rill-,
and leave. them to estimate the Injury as the plaintiS
herself had estimated it, at 3001. %bids was a large sues
for a family in the situation of life in which Mr.
sHester
moved. They would, he trusted, consider this as afair
guide, in that temperate consideration of the case which
timer a ere bound to bestow.
'foe LORD Ciller JUSTICE recapitulated the evidence.
lie observed that time sum which the plaintiff was willing
to receive was a fit subject for them to consider, hat
they might give less or more at their discretion. Whe-
ther they should give that stun, or more, or less, was pe-
culiarly for their determination ; and he left it entirely
in their hands, only reminding them that they should
be temperate in estituating datnages.
The Jury, after consulting for a few minutes, foand a
verdict for the plai nti ff.—Damages, 9301.