The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1824-11-02
BREACH OF PROMISE OF MAR
nIkGE

WAS u hrcacl, Of promise of mariirge,-
The defendant pleaded that he made no
such proIuisc, and upon thai plea issue was
joinrd.
Mr.. Scarlet stated the case To the Jury.
lie had the lmnor Ia address ilnfn ~ cutn
sci Tor a Young woman nut ,ef OF age, n
Miss Matilda Waite, Who found il recrssa.
~ 10 come before him Ia eek u PREPARATION
IN d images from the defendant, Tllonnas
Asphalt, for an injury, which whs sgg,a,n-
ied.in thr present case by circumstance
of Il very singular descriptions. Tn. Il, f.p-
dant was u son Of . gentleman of great re-
speeiabilily and upnlence. aud WIS well
known IN The town of Ii,eIpuol where he
held u public ptiee Tvs srnrchcr of the Gus
toms. The plaintiff IN this action uas The
second daughter of an individual who ear
led on the business Of a tohacconisi ia the
same place. He must now inform them
that The plaintiff MAS Ia poor man, or nj
least that he was II man not IN aflluenl cir
cu,nsiances. lie brought mp his family,
however, IN the Iossessiun Of IN nnspotted
character. His daughter, Matilda, was
placed IN the shop behind the counter. IN
der the Inspection of her elder brother and
sister. Chance III 81 pr, scented her 10 tllp
defendant. lie went IN IN purchase sruiif,
aud after having been II customer for some
tinr, he conirsctnded To court her ac-
quainianrr. He represented himself rs n
gentleman of ~indi1pnd,ut fortune, liz ing
with his sister nj Wav.ltrte, about , miles
from Liverpool, and stated that his nanie
WAS BroomG,ti. Under that name lr
expressed 10 the pl,iuiiT the affection he
felt for her aud After the first emotion Of
surprise had subsidized, Which were natural
~ excited ON seeing u gentleman of his
apparent rank Ia life steking u wife among
persons of 81 r'ompar,ti,vl, humble, u CON
dit,on, lni family Declared their satisfaction
al the uif,r he had made tiiem. AT lir aud
al The year 1871, ar al HE beginning Of the
yea, i822. hr plofrss, Il Ia say that his ~
RAJ > rnts had il,cn made n marriage
Convenient, and BY consent of the plaintiff
he purchased n wedding Ting, fixed . day
for tlcir marriage. and even scnt home 10
her u cap, in Neich he desired her Ia be
married. Such was the state Of things,
When . discovery tppk place - hich render
ed all II esc preparations Of no use. Que
evening as the defendant WAS praisinE the
e, ps " hich hc had Sent home for The plain
iil's use, aud con,rlsnig with her upon
d lIerent suhirets, IN application was made
al the dnor Of the apartment Ia which they
wrfr sitting, and y lady walked IN, vino
asked the plainiin IN no very ei,il terms,
who she WAS, and what she " MS duibg with
The gentleman with whom she Was CONVEX
sing. She then proceeded 10 rcproach
both the plaintiff and ilr defendant, IN no
very measurcd terms. The plaintiff said
10 the lady /" You must be mistak.n-lhis
gentleman is Mr.. BroonGeId, and II single
man" No. replied the lady, " he is
Thomas Asphalt, aud my husband" The
plaintiff then turned round totle defendant
and said, ais this true p" Ur admitted
HAT il vas. and on nearing this. admission,
she fell down in II fainiins fit, TIE young
woman aud hen family |, I very krenly the
disaslroua situation la which the inhiiman
eonduci of Thomas Asphalt, had reduced
tlcnf. Without amy miscundutt OF then
own, they found Themselves made bank
iupt at once ~ character and IN happiness.
As soon AS Mrs, Asphalt had nm ttr llquS'
oil tle night Of thu discovery, the plg,nilf
~ rs taken sctiousl, ~, and continued 50
for SOME days. The defendants ~ fe bad
the Kindness and good nature {" send to ~
plaintiffs house 10 Inquire after her health.
The defendant also called himself 10 Sc.
hrI, but admission Was refused tu him.
He then wiuie II letter To her, Of which he
could nnt state the precise words. iuasnucli
~ the defendant had obtained it from the
plaintiff nlHn she believed herself to he hi
dying STATE, aud when she considered lha,
ms letters would be of NJ use 10 her. lie
would, how e,tr, shortly STATE 10 them the
substance GIFT. In that letter ihr defend
ant admitted that he had donc the plaintiff
a wrong which could ne,cr be repaired !;
he applied 10 her for fargivenes ~, and said
that Hhlk he bad Il fartlIing, le would NJ
yer allow her Ia hc IN want. lie likewise
added, that his wife would visit her. and
iIat b. trusted 'tal her patents would allow
her 10 .isil lis wife at his house, as the
best mpans uf gi, iug the lie Ia HE ruiDouss
which lad been propagnifd against her
character IN the urighhorIopd 10 VIII h she
lived. Tllr fa,t ir Would moi div 1isr from
lhrm-tlln plaintiff visited The defrndant's
" lie, aud passed a eonsidrrald . time under
her protection III the defendants house,-
She passed il, however, ,nost wntcllrIly,
Notwithstanding the all nlious hjch AIRS.
Aspinall, thuclitn b.r credit, felt il her duty
10 rhy 10 her irr, tlom the pctrpd Nlen
ilIe 4alal discovery was made Of. Mr. hsri
nails being u married man, up Ia The PIE
sent hour, the health Of the plaintiff had
been r"iurd, lie must NOW ilfsrm them,
that from the moment Of the discovery
HAT hc WAS mol Eroom6el1, "A single man,
but Mr. Aspinall, a married man, the defcn
d'nt had Told the plaintiffs father that he
y as most ~aHXious Ia provide for his daugil
tcr's subsistence. Nivn the time arrived
at which, she appeared 10 no recovering
from the illness, the defendant, who had
ohiRined from her al his leitrrs, made y
proposition To secure Ia her an annuity Of
geo u yrar unto the time Of her dpaiil, or
he marriage. A bond was accordingly
drawn up but when it vas presented t"
him, he objected 10 that part of il which
mentioned that IN. should be liable in II
penalty III Eecoo il he failed to pay ihe an
nuiiy ; aud at least he resolved 10 max" n"