The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-05
The Alleged Scd uctior,
THK CASH OF FRKDERIcK LoMAx AND JAsNr HAM
ILTON.

The Alleged Seductior.
THx CASE OF FREDERICK LoMAx AND JAssr HAM
| LrOS.
| SUPREME couKT-srrcAL
Before Jucge Ingraham.
BREACH OF PROMISE OF MARRIA0s.
Janet Hamilton US. Frederick Lon,ax.-The defend
ant is young OF 49, the son Of John Lomax. OF Man
chester, England He sent TO this country and Cana
da sbouttwo years ago. and became acquainted with he
plaintiff at Toronto She q years Of age The defend
ant promised TO marry her this city where he induced
her 70 come In his company As no did perform his
promise she caused his both civil aud criminal
process The motion Is TO discharge from arrest The
counsel for the lady opposed the motion.
The Judge, AFTER hearing both counsel took tho papers
OPINION OF RkCoxDKx BARNARD.
The People against freder ick characterization under
| Promise o. Mdrrtdge
The defendant areGed under the provisions OF the
act entitled ian act 10 punish seduction q crime, 1"
passed March ~ is4s on the complaint Of Janst Ham
hton charged with seduction under promise OF marriage
me case was originally heard before Justice Connolly,
ana the defendant ordered to find bail IN the OF
ward allowed by me. In order that more careful exa,
unAason OF the Witnesses for the people should be had
and at the same time give proper explanation TO several
matters ABOUT which the evidence silent directed
that the parties with their Iroo should appear before
O. On such subsequent hearing the witnesses for the
-. ole having appeared the following facts esta
- ed:-That the complainant WAS twenty and the de-
was seventeen years Of age; that they first met In
fs.sN 1857 at about three O'Clock in the evening in
Vct in Toronto Canada; that the acquaintance thus
s0,ns., IN ripened into intimacy and continued up TO
.Sn Dan of November Of the same year. when the
INC Io'A anata and TO the city Of New York
parties e.v . travelled together, without having any
.na. .nc p pretended relationship OF brother and
sister the n hearing or hs "omnIsiesn, ss
sho a S, % nd that he had rescued her from
house Of ,se on .nS nsD, az sns oy OF New
York they went to n or Miss Hsmion no con,sc
an ,Hs p1ac s ess%ee em that night that on the
ensuing evening they wa night toeotber. Tssn the
sessa c"nsco s1s op THE defendant promised
to marry complainant which pryA Nah wbc hs.rd %a
roborated by the evidence OF NJ. Hamilton uher he
besrd fro1 his father who lived N IA 'chsster England,
but defendant denied at the time of dis 'uo pio
mise that he had seduced her THIS cor\ ",u'e. SUI
all Of the material testimony On R' 10 81 D the
complainant The object in passing tT Law as ~ h
tect cbaste and vutuous females from be1: run III in
false professions of unprncpled men. the evil hA az
creased so repdly and had become destructive 10 VIC
welfare OF the community that the Legislature teh co.
however TO entle claimant TO beneft end protec
ton Ct it, they required that the seduction sircxd DO a.
fected-l Under the promise Of marriage mat the
female oud BIZ Of previous chaste characters and
That conviction should take place the testony OF
the seduced unsupported by other evidence These three
propositions required to be proved by the complain
ant conditions precedent Unless therefore, it's
made TO appear sfrmavey the part OF the people
that these three propositions true my judgment
case can be sussined II were otherwise no protec
ton could, in any case, be afforded The defendant
where the anecdens Of the female could not be traced
examination might assist in negativng her
assertions then would be too late for the defendant
to avail himself successfully Of the knowledge thus
construction given the Of the people against
Mccerren tried in this court since. The well
ecuted and defended the and the arguments ad
vsnced by them my Judgment conclusive Testimony
favor Of the soundness OF the position have taken here
There held to BIO necessary in all cases under either
abduction seduction statute TOR the people TO prove
part of their that the female Of previous
good character" Although might in cases, while
a
defendant without any other proof on this point than
that OF the female alleged TO have been seduccd yet
could not do SO all the suspicious circumstances
this II the acquaintance had been
formed in the proper ana usual way of an in
thus improperly formed had been carried
with the consent OF her parents II the defendant |
suor the statement of the complainant 80 truth
u and Straightforward TO justify me 10 saying there
WAS probable cause 10 hold tho defendant, woad vii
liz gly do So but here everything TO show that
will be impossible obtain convicto bill IS
found the second point raised by the defendants
COUNSEL that the complainant must be corroborated on
each Of the requisites Of the statute shall hold
held the McCerren before referred To, That
the words Of the salute provided that no CONVERSION
be the provisions OF the act the tes
mooy Of the female seduced, unsupported by other es
tmony, 40 not mean, or render necessary that such
female should be corroborated every material state
ment both the seduction and the promise W marry
II il did the intention and operation Of the law would be
defeated, the seduction can, in scarcely any case be
proved except by the testimony Of the person injured
while the promise be proved by either positive or In
ferenial evidence either by tho defendants own nc
owedgments, by Il manner Of his treatment
duct, or expressions used Entertaining these views
hereby discharge OF the defendant and direct
that the recogfkzanc given In this be cancelled
GEORGE G. BARNARD, Recorder.
pEFkSCE or MISS j.. HAMILTON.
NEw YORK, Feb. rs, 1868.
To J. G. BKSSKr1, ESQ -
beg leave make the following corrections in repor
purportng to be an account the procee ing seduc
ton case before the Recorder
sworn that he seventeen years CID and be proved
that he admitted he was nineteen
2. That he Is The son OF wealthy ctzen OF Msncnes
ter Canada Being sworn he says he resides in Manches-
ter, England.
s. That he "met the said Janet Hamilton in the public
streets Montreal" When sworn he says u was To-
ronto, and thst sho Is twenty years old, whom to
the beet Of her knowledge she admits she is nineteen put,
a. II will DO proven, she IA but seventeen.
a. That tho Recorder gave his opiniin verbally that no
would discharge Lomax unless the girl could prove
previous cbsste character The Recorder said he would
submit in writing, Gu WEDNESDAY week his opinion v-
above
now sir believe this report given in order 10 do
away with the sympathy Of few fiiends and coonss
who have Interested themselves in the young lady be-
half Her friends have taken the trouble to sond TO Ca
NADIA for particulars and have received then and arc
prepared 10 assist the wronged and Injured iemse who
lar from home and amongst strangers and the parties
above named have volunteered TO and prove her
good character The fac, k she poor girl OF poor but
parents and has not the of making such
parade and show as 'the wealthy cilzens son. OF Mao
chester, but eth she hopes TO he dealt with justly II
the opinion Of all parties knowing the particulars OF the
affair that had they been left 10 their free will they
would now have been married and happy, but the
wealthy friends" have succeeded far In preventing
which will be shown. Being colonst myself, feel in
terested, and wish TO the young lady rghed BY in
sorting the above you viii obig, and confer lasting IA
vor injured female.
Enclosed is a copy Of letter received from gentle
man, the Rev. Dr. Lett Of ST. Georges church, Toronto
A COII0NTSE
REV. DOCTOR LEsg's LETTER
TORONTO, Feb. 16, 1858
We nd havp kuoy Jane
now believe New York daughter OF Alice Hamil
ton maiden name Alice MIellan for the last four yers
industrious, good girl.
John Purdy, T. Earl,
James Malone, J. Mara,
J. Dunn, T. Ivilt,
r. McCee
The above are all highly respectable. One gen.
teman who signs himself Dunn, Ia an Alderman OF ths
city and am satisfied that the statements respecting the
unfortunate Janet Hamilton correct | have also
made inquiries respecting the Hamilton family. The
father old soldier OF twenty years service and