The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-04-04
PRICE TWO CENTS.

HE GREAT BREACH-oF-PRoMTsE CAsE.-It was an
| nounced in telegram column of our yrster-
days edition, that the case of Carstang as. Shaw
| was decided in St. Louis on Saturday night, in
| favor of the defendant The following is Judge
| Reber's charge to the jury:
| On Behalf of the PlaiatiF-In estimating the
amount of damages plaintiff may have sustained,
the wealth of the defendant and his ability to pay,
as well as his rank and position in society, are
IsprOper subjects of consideration for the jury. If
the jury find from the evidence that the plaintiff
and defendant contracted to marry each other, and
the defendant refused to perform such contract, no
special request by The plaintiff to defendant Is me-
cessary. At the instance of the plaintiff the jury
are instructed that to maintain the action of the
plaintiff, it is necessary that they should find mu
tual promise to marry between plaintiff and de-
1endant; but it is not necessary that either promise
should be expressed-that is, that any witness
should hear the contract made; on the contrary,
the promise OF each to the other may be inferred
from circumstances, nor is it necessary to main
tam the action that the promise either side
should be made IN writing, to make it valid and
binding on both. And whether there was a mutual
promise to marry between plaintiff and defendant
is question for the jury to be determined by them
from all the proof and circumstances shown in evil
dence. If the jury find from the evidence for
the plaintiff, they ought to assess her damages.
And IN determining the amount, they ought to find
such sum as in their judgment, under all the cir
cumstances of the case, may be a proper indemni-
ty to her for the injury she has suffered in her feel
the loss of marriage; and if the defendant has at
tackled the character ofthe plaintiff, and failed to
sustain such attack, it is proper subject of consider
alton as aggravating the damages
On Behag Of observation-disclosures the jury can
ind for the plaintiff upon the cause of action set
out In the petition, they must believe from the evil
dence that defendant actually promised TO marry
plaintiff, and that she, in earnest, accepted said
promise, and that plaintiff actually and in earnest
promised to marry defendant and that he actually
in AID ~,
the jury believe such mutual promises were so Civ
en- and received, they will find for defendant on
plaintiffs cause of action; and in such case, it
makes no difference whether defendant had sexual
intercourse with plaintiff not, or whether she
visited defendants house, or whether he visited
her Tor such purpose or not. If the jury find for
the plaintiff, they will deduct from the amount
tnat they may lind in her favor, the aggregate sum
OF the two promissory notes mentioned in the de-
lendants answer, withi interest; unless the jury
should lind for the plaintiff less sum than the said
notes and interest, in which case the Jury will find
for the defendant the difference between the dam
ages they may assess in favor of the plaintiff, and
the amount of the said notes and interest That
unless the jury satisfied from the evidence in
the cause that defendant promised to marry the
plaintiff, as stated in her petition, they should find
for the defendant.
The CASE OF THE SLAYER ORIoN.-The arrival at
Boston of the U. s. sloop pofwar Vincennes, having
on board the officers of the slave bark Orion, has
already been noticed. The Courier Of Monday has
the following letter:
ST. PAUL DE LoANDo, Jan 25, 1860.
The "Vincennes' arrived here on Saturday the
list inst, and sails to-day for Boston, having on
board, as prisoners the captain, Thomas Morgan;
Ist mate, Byron j. Chamberlain; and I'd mate
William Dunning, of the bark "Orion," late of
New n ork, captured without colors or papers on
the 3Oth November, 1852 by her Majesty's steamer
Pluto, and having on board 874 slaves. When
min AF
board; also Morgan, Chamberlain, and Dunning,
VINO stated that they were passengers, and S74 ne
groeS packed as close salt mackerel The num-
Der OF slaves taken on board at Black Point was
o9o-l6 having died from the date of their embar-
cation to the date of her capture. The 10 persons
representing themselves as the crew we're mt
ashore at halenda. and the passeL gers and slaves
were sent to st. Helena in the prize The Orion
was ~ days on the passage to st. Helena, and in
that time l65 slaves died, leaving 700 SURVIVING.
who were provided for by the Liberated African
Establishment at st. Helena OF the above num-
Der found on board, 200 were women. Immediate
~ on receiving news of her capture, Commodore
lnman despatched Lieut.. Commanding LIE Roy,
with the Mystic, to st. Helena, with reauisition
upon the Governor of that Island Sir E. H. Drum
mond Hay, for such of the Orion's officers and
crew as might arrive there in the prize Lieut. Le-
hoy arrived at st. Helena few days in advance
OF the ORION, and took the necessary steps for the
arrest of these passengers. The Orion arrived at.
ST. Helena on the oath December, but as her pas
sengers were again taken with coast fever, thev
were not brought before the magistrate until the
I'd OF January, at which time they were delivered
over to Lieut.. LIE Roy, who arrived at this port
with them on the 18th inst. They have been in
close confinement on board the Constellation (until
today ever since the arrival of the Mystic Mas
ters mate. M. E. Wandell, and James Briscoe.
seaman, of the Mystic, also return to the United
States in the Vincennes witnesses.
CAssIUs NJ. CLAY's ACCOUNT OF THE KENTUCKY
m nbn fNll
M. Clay is published in the New York Eceninq Post
of Monday:
Yours of the 10Th is received. have only time
to say that we are in a state of war; The oIirar-
chy were aiming at me in the expulsion of the
Bereans from their homes, being in hopes that |
would torcibly defend them, ''the radicals" De-
feated by my Frankfort speech rallyipp all the
conservative men to my Standard they churlishly
gave in, yet tanning the discomfort by garbling nv
speeches north, and circulating false rumors Han
sons return to his saw-ml at Berea (where he en-
ployed many Republicans) gave fuel to the old
ire went there on Saturday, and tried to induce
him to leave, telling him he would bring on a fight
and advising the Republicans to keep apart from the
movement. The mob at once cried out that was
then plotting an attack. On Monday, they met at
Berea lnsuted the people by searching the houses
and not finding Hanson, they provoked a conflicts
several were wounded, and the lynchers were de- |
teated. On Tuesday they returned in force, but
hndlng no one, they broke up the saw-mill and
swore vengeance against me and the whole party.
In the meantime (on Tuesday, spoke at Richmond,
stating that was and had been for peace; that
stood upon the ground of my Frankfort speech,
and should defend myself and friends. The mob
increases in violence | lie upon my arms awaiting
an attack; my family absolutely refuse to retire,
saying they will bullets and aid, as in l776. Ii
driven into the woods, l shall attempt to hold nv
position as long as possible; standing on the Con
stltutlOn, the laws and my right, | will defend
them or die. The cannon at Lexington is sent for,
and the Governor aids. Is this my cause only, or
that of the American people? Is it to be vindicaed
in this way, and now? Shall | stand or fall alone?
"May God defend the rightp' Your friend,
G.. NJ. Clay.
P. S.-My daughters are as firm as and Mrs C.