Lent Assizes.
The Times, 1824-03-13T00:00:00

Jane S..fe, aged 27, was indicted for the wilful murder of her new- born male bastard child, on the 6th of July, 1823. The indictment was preferred against her at the last summer as. sizes, and her tri l was po:stponed, she being then in the smnall-pox. The prisoner pleaded 'tnot guilty." lt was learly proved that thse prnwoer had been delivered of a chid, and that the child had been bruised and cut sfoficiently to cause death, if it had been born alire but as the surgeon would not positivelv swfear thatthe child was born alive, dIr. Justice HOLt- ROYD interrupted the proceedings, observing that the evidence must be undoubted: the surgeon who saw the body could not foms an opir.ion on it. However, therewas ample evidence that she concealed the birth, for which she would be punished by imprisonment for two years. It did not appear that she placed the child in such a wvay in the coal-hole as if she had murdered it, though certainrly the cir- cumstances were most Suspicious against her. The jury, under the direction of the Judge, returned a verdict of * Giilty of concealine the birth of the child." She wgas immediately sentenced to be imprisoned for two years in the house of correetion at Cockermrouth. PREA.CFI OF PROMISE OF MARRIAaGE.-tVILLIAM COLLIER. HOBSON AGAINST ANNE ISatAY. Mr. PAT rEsoN opened tIe pleadings, and stated that this was an action to recover damages as a comnensation for an injury sustained from the defendant's refusingr to fiulfil a promise of marriage mrade to the plaintiff. There were several counts in the declaration, chargingl the defendant with such refusals at different periods, and also a re- fusal generallh, to fulfil such promise. Mr. ALDZ'asow addressed the jury, and raid they had heard fromn his Icarned friend Lhe nature of the 'ction, Cor which it was his duty to address them on behalf of the plaintiff'his client, WV. C. Hobson. who cpmplained that the defendant had not fulfilled her promise of marriage to him; and he was convinced, when the jury should con- sider this case, they would see it was one which called for their serious attention. It was said, and with muich truth,that such a promise ought not tV be rashly made, neithershould it be rashly broken. Plaintiff%vas a respectable young, man, living at Temple Sowerby, in this county. In the summer of 18S2, lie became acquaixted wvith tbe defendant, Miss Ismam, yho resitcls at Brackenlands near Mlrigton. also ir this county. Mle saw in her a person he was lir;ely to pass his time hap- pily with; an attachment took place between them; he was received at her mother'e house; every thing honourable and fair on his part was practised to secure the affections of a verson most dear to him; and as it would appear by a letter received byhim from her urging an early day for the marriage, the pYomise and acknowledgment of it was clearly stated : it began- c" rackenIands, July 18, 1q23. " Illydear Wfilliam,_ received your kintl letter, and return you tihanks for the many kind promisescontained therein. You are aware I love you, and that my heart is wholly yours; but in saying this. do nor, for one imoment, fancy I shall consent to give you mny hand before the appointecl time-I mean the month of Vecember; there- fore do not urge me on the point, for I reallv can't comply with your request sooner: have you not often hearcl ne say I do not ap- prove of hasty marniages? I am sure this will he an instance were it, as you wish, to take placit immediately. Respecting your asc- companying 311r. Cant, I certai ilv hal rather you had postponed it till the week following, having so repeatedly said you would not come to the races; but being told you had a horse to run, it ig out of the question to say any miore. Should Mr. Cant and you con- clude to be present, as I hate no doubt you would wish to oblige your friend, I shaUl always be glad to see vou. The races commence the 23d: shall we expect your company that morning or the even- ing before-probably you will find time to write me a few lines'? " If I write so much now, I shall have nothing to talk about when you come, therefore I shall conclude by wishing you to believe me " Ever yoar sincere " ANNE." This letter will show you she agreed to niarry in the montli of De- ceniber following. Gentlemen, I mnnst say that the msan who has lost such a woman has lost what your verdict cannot give him. It is rumoured that imputations are to be thrown on plaintiff's charac- ter-that he is a gambler, and hlas kept a race-horse. Gentlemen, these imputations 2 am prepared to meet. 2 will tell you how they have originated: I:c was in a yeomanry corps, of wbich Colonel Lowther was commander, and having a geod horse, he entered him to run for a cop given by him to the corps. Surely, gentlemen, there was not much of vice in this: was it not rather a subject for a lady's pride, tn see the man she liked ride a good horse, and parti- cularly to see hhi ride it well ? Gentlemen, having thus said so muchfor my client, you will ask how the affection breathing through every line of th..t letter could cease ? Gentlemen, I will not s2V any thing prejudicial to Miss Ismay; it would be contrary to miy in- ttrUtL-nS to dO SO. I coultl not charge lier with caprice; but in her letter of the 30th of September. you will begin to see the reason why her nromises have not beeu fulfilled. I shall read that letter to you, gentlemen: it savs Brackenlandg, Sept. 30, 1823, " lIy dear Villialm,-. confesb you have reason to find fault with my remissness in not writing to you sooner, but wvhen the causeis explained, I think you will excuse iny long silence; in the first plaze, our friends arrived from Manchester the day after you left Brackenlands. ly cousin Richard came from London, accom. paiiied by uly uncle, so that I havebeen pretty well engaged since I saw you; but that is not all, there has beeti a great deal to do re- specting you and 1-which f assure you hasgiven menmuch trouble- and where 't will end I really do not know.: my uncle told me the other day, he had been informed you had nothing to keep a wife; for that you were merely a " fortune-hunter." I trust you will not be angry at my informing you what has passed. He at the same time said he did not think about riches-nor did he blame me for mar- rying, if Mr. Hobson had an honest good character; lie paid no attent on to what the 'Vigton people would say ef you, provided he -liad a good character from the house or houses You travelled for in London. As I could nottgive him the namesof your employers, you perhaps will be kitnd enouzh to inform him by letter yourself." Gentlemen, my client, on receipt of this letter, instantly gave the name of his employers. Inquiry was made bv the uncle. as I shall prove to you, and so confident am I that the innuirv was satisfactory as to the respectability of my client, that as I shall produce a gentleman, ir. Atkinson, a magistrate, in whose house plaintiff visited, from whom inquiry was made, I am ready to rnsk my case upon the answers he will c'iVe on cross-examinR- tion, if any thing shall occur prejudicial to my client's character. As } have before stated, gentlemen, inquiries were made, and on the 5th of October the defendant writes to m.y client what will be read in evidence, in which she says *I am yours, and only yours." But, gentlemen, you will learn the premises of lovers are sometimes broken. "Brackenlands, Oct. 5, 183. "1Ily dear lVilliam,_I received your long looked-for letter, the perual of wrhich certainly gave me pain. I am grieved you should suffer so muCh oti my account. WVould it not be a happy thing for both of us had vrte never met? But fate has ordered otherwise therefore we must submit to its decrees. I have certainly giyen my word to be yours, and yours only, and no one on earth shall ever make me to retract it, though, in all probability, weemay be long se- parated. I shall explain the cause when I have the pleasure of see- ing you orn Tuesdav night. I am sorry the coacl is so late. Ytou will find it very unpleasant travelling alone at that late hour. I shall, of course, wait your arrival; but do let nme beg of yoa not to think of setting out if the night is unfavourable." After this letter, and after, as I shall prove, that inquiries were made by the uncle, she renews tier promises. Mly client goes in October on a visit to her mother's house , and it was settled they were to be married soon after. The arrangements -iiade ; bride's- maid and bridews-man selected. They were to breakfast at Bracken- lands; eo to I5enrith, where myclienr had taken a house. Everv thing, in fact, settled for the ceremony. He departs, and soon after receiv~es the following letter - c.4,83 M ianchester, Dec 4, 1823. "D Dear WiLiam,-I onlv recrived your letter a few minutes ago. I am sorry to inlfonn you it 6must be the last letter I can receive from you. The connexion- must b- broke for ever in this world. To act in this clandestine manner I never can. It is imiipossible for me I either to write or hear from yo- here. I may remain Ior il length of time: my mother is very unwell,so that sle will not return homie nei- ther: therefore I beg of you to give up all thoughts of me in fature. If you vAilue my peace of mind,you will wish the connexinn to cease; foi to merry in opposition to the wishes of all my friends -my dear mother not exceptcd-.be assured I could never bear it. No ; for my mother to turn her back upon me-to be an outcast from :ll t?v- relations, as you must now be fully aware must now he the case5 is dreadful indeed. No; rather than do that, depend on it l fill live and die as I am. I am indeed grieved I should be th c ause of so much unhappiness to you and vour friends, but would they wish their son to enter a family where he never could be looked on as a relation ? No; I am confident they would not: and rime, you know, wears every thing away. You may think it impossible at present, as I lhave tlone, but at the same time I wish it to be broken off; for to live in this sussense, or ever to think it may be at a future period, is impossible; therefore I am truly glad you have considered to remain in yourown country, whete in a short time every thing will be forgotten by the world; and for n iirselves, my dear WViliam, let us submit to that God who knoweth what is best for us1; let us try to live in this world, that, vwhen he is pleased to call us hence, we may,through his mercy look forward where " the wicked cease from troubling, and the wkary are at rest." I wrote Mr. Cant last Saturday; be has never returned me an answer; however, it is now of no consequenec. l'our shirts, with the portrait, shall be returned as soon as possible. The books, without your wishes to the contrary, I shall keep as a remembrance. Mr. Atkinson has, I understand, written to mv unde. His acoeUnt was favourable, as wvell of - as yourself; bat it is of no avail. I'e must part for ever. If you witl consent, your friend Mr. Cant, I am confident be will see the propriety of it,and wish for both our happiness, tbatit may terminate now and for ever; and that you may prosper in all your undertak- ings and be happy, is the constant and fervent prayet of her who now, for the last time, subscribes herself your affectionate " ANNE." a hlanchester, Dec. 10, 182o3. "Dear Wilam _T have receivc-d a letter this morning from your friend Mr. Cant, w'ereinheinformn5meitisyourpositive intention to go abroad. Oh ! my dear W illiam, it wounds me to the quick that I should be the means of driving yoa fronm your friends ! Happy would it have been had we never met ! mueci grief would have been spared both: but, alas! we casmot foresee what is to come to pass. iMr. Clant is rather severe with me-I am arare his only mo- tive is his sincere friendship. He says you request to see me, previous to your departure; but that, my dear WVilliam, will be impoiisble. When his letter camt e to haud, I was preparing to go into Cheshire for a. short time, for change of air is recomm ended to me; besides, a last interview would be better avoided for bath-it will be of no use to either of us, but cause that grief and anguish that must natu- rally arise from ourmeeting. Ve are already suficiently unhappy; do not let us aggravate it by another interview. Vou can inform me all particulars in your letter. You m ust write to lJiis- Kay, my cousin, on whom I can depend: her direction you will see at the bottom. of this. Direct to her, and she will forward it to se. The portrait atyonor request, IlshaU keep-it wiU l be a dear remembrance to me wlen the original is far distant. Aly earnest prayers are, and ever wiU be,. offered up to Almighty God for your prosperity; and may voo once more be bleesed with that peace of mind tsat saip,assesaU , thinas here below, is the sincere wish of her who could once style hersef your Anne. But that time, my dear William, iS pasta sever to be retraced: no, never would I marry, to see the'nse s!o8mysafectionsIighedj end not received by my friends; thtist lt%eld be thae ue,se y you stself must be wvll convinced In4'llnfthAs.I~l$~~ itme: banissh Me from your memory. If that cannot be remember me onily as a dear frienct, who will at all times be glad to hear from you. But, my dear WVilliam, never again fancy that Wv may agaitrbe'united by a dearer tie tbar we are at present-never will I a. ain rleceive vou by .-a-in promiscs, as I am well convinced you thiNk that I hive deceived you. Therefore you are now at foil liberty, should you meet with another lady worthy of your affections, to act as you think pro.ptr # for my OwVR part, I shall, in all probability, wbile I live, remsua -a I am. I have once loved, and I fancy [ could never lose again; but don't let this be any tie upon you. I mustnow drawvt*eoncdu- s on, as in a few minutes I leave here for Cheshire; so adieu, mny dear William, for ever, anti may the Almighty Shlower down his blessings upo you, is the feivent prayer of your "ANNE. " P. S. Ion' put my name on the letter." It appears, gentlemen, this lady has been induced to retract. But when she has goDe so far, ought she not to fufil her enragement? t ask of you to consider, hovw you would feel at being tlus treated? The arrangements madi', she sends hinm these letters refusing to fulfil her engagement. He had offered to secure all herproperty upon- her, as will appear in evidence: tbe most romantic lover touid not do more. 1 have proved my case; it will be your duty to assess SuCh. damalgea as will satisfy the peculiar l'e!Ln'3 created by the conduct of this ladv. The cvi epce had no:hing remarkable in it the pl ain tiTappeared to be a respectable man, and it was clear that the objections raisea by an uncle of the lady were tbe sole cause of her breaking off the match. The speech of the Counsel for the defendant contains a comment on all the material parts of the evidence. Mlr. COURTEi,AY begged a patient and favouragle attention hTow stands this case, gentlemen ? M1 iss Ismay, a vounglady, scareu 20 years of age, residing in a country village with her widowed mother, not mixing in sociert, and therefore unable to form an aC- curate judgment of the wvorld-without a father, a brother. or any male friend, as a natural protector to look to in case of emergency- meeso a young man of prepossessing manners, having the appear- ance of a sentleman riding a good horse. having qualifications to gain the affections of a tender heart. She 'falls in love with him- tite acquaintance commences in the summeti 1822 : a profitatble mar- riage occurs to him, whicll he embraces, and almost immediately pTaposes for the youn, lady. Though I am 1oa instructed to say any thing harsh of the plain;ifl yet, where there is s much strets laid on Lis honourable conduct on the other side, may I .sot be permittecl to ask. would it not have been more honourable if, instrad of seduc- ing this youint lady (his client) into a promise, he had go,'c to see the utlele ? Hiad e gone to the uncle, and stasted to him lis me,'ns, or hik prospects, this would appehr To me, as I trust it will appear to VOll, to be tne most honourable course. But it is said he did go to the u'lCe- But when did he go? Not nl after difficulties had appeared to hit: not that it was actuallv necessary for bim to gain tihe uncde's consent1 but it is of importance that you, gentlemen of the jury, should know the circumstances attending this case. Concealment, you will allow, is always suspicious; and of you I ask, what good motive could he have in keeping back froin himn bis proposal ? The young lady, it appears, bhs a smallpreperty-he has none; that circumstancealone would have been sufficient to induce an honourable man to apply to some one who would be a guardiatn to her property. But there is in evidence that he talkedofa settlement,that the lady'sproperty shculd be secured on herself. When is this done ?-not, as you will have ob- served, till the uncle has objected to the marriage. Though a man mav not himself have properry, he sblould be honourable and he should be prudent. Has he been prudent ? Let his tbur horses kept without visible means answer that question, to induce the friends of this youns ladY to consent to a niarriage. Knowing he hnd debts, and not nosling he had property, he should, at least, havc given some pledge that his past conduct had been prudent. When passion subsides and reason gets play, I am satisfied he must conme to the cotiscienltious conviction that she has acted wisely for hinm, for both. If you tind the conduct of this lady kind, and a sense of dutv alone isaking her forego her attachment to this young inan, not wantonly, nor allowing hlim to believe she deserts him for another, you. gentlemen, will judge whether she should be visited witli damages she is unable to pay: but as I contend be has no: suhfered any loss, so nominal damages will,I trust,follow nominal loss. Mir. Justice HOLROYD summed tip the evidence, and the Jury gave their verdict-Dan:ages, 501. WHEDNESDAY, MiARCEH 10. LOw V. IiRWIN.-LIBEL. MIr. ALDERSON stated the case. This was an action to recover damages as compensation for a libel inserted in the Cilzcn news- paper, published in Carlisle by the defendant, on the 15th of Au- gust, 1823, imputing to the plaintiffthe crime of high treason. The parties were rival editors of newspapers in Ctarlisle. The JuTy, after hearing counsel on both sides, gave Is. damages. LENT A.VNIZE.?. CARr,TOt,P. TTTPqnAv- xrAlrwtr n.