Lent Assizes.
The Times, 1824-03-23T00:00:00

.itlr. DsRSOUoGAM Statea tne case. 'i-ne plaintitt, Miss iuatrilda Bell, is the daughter of a merchant who carried on - rcspectable bu- siness.formerly at ,Newrv., in Ireland. 'He had three daughters, one of whom, the present p'funtiff,' 'arried on the millinery-business in, Mllanchester. The defendant wars a cotton-n'.anufacturer, living .in, 'the saime place, and who had been introcluced in 1818 to the plaintsif by her brother-Jolni BeU,who sias established in a respectable line, of business tekere. Froni this introduction an intimnacy took place,' Wiikh'led' to the defenidant'?'paying his addresses ro the-plaintiff,l le contiri bed bis suit fpr a 'vear, until the plaintiff's father died.! At'this4iunehe asked if awiii had bedn made by him. .Ilr. John Bell told him tbere had not; and that it was a matter of-little,conse.. quence, as his fatherhad nothing to leaveafterhim. The plaintiffwas 2O Yearsof.age when-the defelddatnt wras introduced to her; hercharac- ter stood high,a-id sheas 'associated vith by oersons ofcspectabilitv. f!er intiinacy With the defendaan,I an bounti to acknowledge, ended in seduction, and not marriage, and that a child was ihei con- sequence. I do not mention t his that you shall give damales for that sedocion, but that you will view the conduct of the plaintiffi i its'proper light. My learned friends may say she has no right to compensation for the breach of promise of. marriage, as her conduct -is not now entite: 'but you will-recollect, gentlemen, who has caused that character to be- imuaired; and by wbose baseness has beri ruin been cttected ? In consequence, of this unhappy occurrence, the plaintiff',brothervrequired the defendant to falfil' his promise to his sister.- lie defdind doing so, and, xeiused it. uaider everv circun-; mrnce ofaggravation. These are tbe circumstances undef which the i plaintiffl'.onmata'eek redress at yosr.hailds ana itis for you tosay what compensation the defendant ought to make (or stich aninljurv. John Bell,'brother of the plaiuiift: stated, that the defendant wvas introdrfeed by him to the plaintiff, he piaid her thp most marked, attentioni, and immiediatelv after his (witness's) fathier- death, the defendnsit called 'on hini to know if his father had made anly will. WVitness told himi there wIas noL any will, and asked him if that visit was in contemplation of marriage .with his sister (the plaintiff): lie! then avowed his intention of marrying her; lie continued his visits, and was received as her intended husband, but he made one excuse or auother to postpone his mnarriage. .,(The witness here becamue much affected, and for some mements was unable to ptocecd-he resumed): In the autumn of last year, I made a painfui diisdvery- that rniv sister was nregnant; and at her request I called on the defend'ant to fulfil his engaremnent; his answer was, lie wiould not, nor ever intended to do it. The defendant was in wealthy circum.- st ancei', worth I S,0001. or 20,0001. 'Vitness was cross-examined b. Sr. 'rVr. LIs but Iiorliing of importance was elicited from hini. 1iis testinoony was corrobo- rated by two or three other winesses, leids of the family. Plaintiff's case having closed, there.Vfere 'Lo witnesses called for the defence. Mr.- WILLIAM3 addressed the iury in mitigation of damages. This case certainly' presented 'niany serious topics for their con- sideration. Iie agreed with the stateineht of his leamed friend.(51r. Brougham) that no case of greater profligacy couldI be brought be- fore a British jury than' the non-pertormance of ani enzagement of 'thisdescription.' Of the respectable and creditable sorrows of the plaintiff's brother, the witness on this occasion. lie would speak with the greatest veneration ; but the jurv should recollect it was not his cause tliey had to try,-it was the cause of her wlho in this action must-be considered 'as detached from him * and with him or his feelings the advocate or the jury had nothing to do. HIe did not offer to them any evidence to controvert the statement of r7r. Bell. All he would ask from the Jurv was, what would be a fair compensation in damages in this case, for the plaintiff. and they would consider what sort of a girl was she ? Not a mere girl in her teens,in the heyday of passion, without the possession of suf- ficient reasan to controltbat p.ssion. U'as she a person of that description, or a womlan who had arrived at that mature season of lfe, in whieh aregularand systernatic course of conduct would be expected from her ? She was now 32" vears of age, and must have been at the very nirst introduction of the defendant to her, past the age of zirlish facility; ant possessed, if ever she wvas to be possessed, of those strong princiles of rectitude which grow stronger as our passion subsides. The connexion with his client comniences in the year 1820, and no marriage is accomplished-what cause is there, that at least, if the plaintiff considered her engagement in that light, that no action is tlhought of till now? It is clear she neter thouight of her engagemtent as one of marriage. She is broug,ht to bed in August, and t;hough she must naturally have known her situation months before', it was only in the same month her brother was apprised of it; so that for the a whole period previous to that event, she never co:nmunicates her situation to her brother. N'Vas not her silence a proof that she was contented with the less respected connexion whichi had subsisted be- tween her and the.defeodant, without marriage ? WVas it not a con- virscing proof, that what is in woman the gem of beartty and of vir- tue (for it was virtue' itself) was to hei of little moment-the vindication, of her character 'for purity ? Her silence was a proof at least that she did not attach' that Freat va- lue to -character, which was ascribed to her; and in a case where a woman demands damages for her- wounded honour, this conduct must naturally reduce the damages a jury would give. 'As to the defendant's property, the only evidence they hadl was that of the plaintiffs brother ; he was, a partial witness, and his statement was manifestly exaggerated. There was a comnplete absence of that which is the general consequence in al actions of 'this kind-ia wpnt' of that amatory matter which is so dangerous on paper, and whicb it is saidlplays (for he Mlr. Williams knew noLhing about it) " such fabtastic tricks," th'at it was said if vou get a wo- man once into a correspondence, you are szfe (a laugh) ; but it was a novel'feature in this case-there was no such matter introduce(d into it. The Jury, in assessing their dahiages, wrould bear in msind there w7LS a confessed stain upon the'character of the plaintiff, and her family was not of that situation in life to increase the stain. The Jury found a verdict for the plaintiff-Damages 40OL - SATURDAY,.MlAriCi 20. Henry r"iffitls, aged 26, was indicted for the wilful murder of John Jones, at Liverpool,,on the 9th of February, by giving him' several wounds on the head, of which lie languished and died. The deceased and the prisoner were sawyers in Liverpool. They had' turned out for the puirpose of compelling their employers to asdvaiice their wage!. The deceased having a' large faimily, had se- ceded from -the combination, and worked for a UIr. Smith, ship- builder. The prisoner, vwith two others not yet apprehended, d ogged him, on the evenine of the 9th of February, and in a lonely street of Liverpool, adjoining the country, beat him -with bludgeons sC severely that he soon zfterdied. Williaft Jones, aboy about 13 years of age, soIn of the deceased, stated that his father wa.,steward of a benefit society, held in lloodstrect; where he went on Afonday evening, the 9th of Febru- ary. I went there to meet him, and the society separated about II o'clock; we were coming home along-Prestotlntrect, Hatton-g.arden, and on toVauxhall-road; ,we thete heard three men walking after us, one of whom was the prisoner . lie struck my father on the back part of the head with a bludgeon, who, putting his hand up t it, exclaimed-"1 Oh ! what have I done to deserve this ?'" The pri- sonei was goIng to strike again? and I said, i- Don't murder my father ;" he told ue to get away, " or lie would murder me too." The prisoner then struck him -a' second time on the hlad vio- [lently, and he wras knocked down by it; the other two mes t then came up,' and they all fell upon hib, and' beat him wth their bludgeons. I cried out " M,turder,"t and " Watch." The prisoner and ins companions, haring heard a watchman's rattle, ran 'away. The prisoner was turned back by-meeting a watchman, and as he came past where my father was lying, he said, " D-n Eim, I'll give him his death-blow " he then came over and struck hin on-the head. The watchman and I pursuted him. .1 never let him get more than three yards before mne, 'and followed him until he 'was stopped in the next street by a Alr. Ambrose. IM v father was taken home by some people who came up. A surgeon was'called in to see him, but he died the next day. He never spoke nor opened his eyes after he received the seconid'blow. (The witness wept so bitterly, he was unable to proceed for some ime.I The night was moonlight, aind I saw distinctly what passed. (A bludgoon'wvas here shown to witness, and he said it was vwith suCa an one his father had been struck.) Nothing material was elicited on his cross examisation. Mary Ball and Sarah Ball, two other witnesses who passed in the street, and'sawr the transaction, were examined. They could not identify the prisoner : however, they corroborated all the main facts of the preceding witness, as did the watchman. Slr. Henry Ambrose, a brewer, residingin Maguire-street,which leads into the Vau xhall-road,stated,that he was at his shop-dobrabout a quarterto 11 oclock,and heard a cry of"Mlurder"inthe nextstreet. Saunders, a watchman, wag standing- with him, and upon hearing the cry ran down thMstrect, whilst witness walked after him. He saw a man come rutining up on the -same side of the street he was. l:he man: crossea over to avoii mim, Dut ne tojiowenL nom, ana seized him. They srxuggled together for some time, and at.length they fell down together; as the man fell, he dropped a bludgeon from his under coat, and then said, ." It. wit not him ;" how- verg .witne8s detained him, nd- -identified the prisoner at the har, wvhom he gave into the custody of -Wrighton, a- constable, and the bludgeon he had picked up. The sur- gcon, wflQ examined the deceased, stated that he had scen himi about 1 'clock * he wi.s tlen insensible-was unable to speak. There werd three wounds in the bead; two were lengthways, and ap- peared to be mnade with tome angular weapon, the other appeared a Wuncture; Pee lad no doubt they were caused by'such a weapon as the blu'dgeon, and he ittributed the death of, the deceased to a frac- ture. running across his head.. ' The other evidence was imimportantL The prisoinr did not make 'iuny:defence..-The 'jury consulted for half an hour, and brought in their veraict-Guilty. M1r. Justice BAYLEY immediately proceeded tdpass sentence upon. 'heprisonei. "'Prisoner,it is mny ainfulduty to pass sentence on you for the offenceyoa have committet ifiannguerdedhour. This event Ia niot the result?of personal animosity, it is arising from unlawful combination. The deceased was anxiaus to maintain his family by honest indlustry; you were not so inclined; but vou combineA with others' unlawfully to effect your desire to raise wvages on your employers: aed by the conduct you pursuea towards the deceased, L.YOU tnought to deter others froni seceding from your party. You lell upon him with a deadly weapon, and brought lim to his last lend witVout -giving- him scarcely. one moment to make his peace with Almighe' Gsd. . -The jury have carefully,.pd patiertly con- sidered your case, abid have come to. tlhat. coudusion every man must have come to; for I'aml ais fully convinced you were guilty of participating in this crime a if I had seen vou with my own eyes. For your crime, so heinous in the eyes of God'and man, the law. bas, directed the pirnishment, and. with additional cidcumstance' of disgrace 'th tigisatize so horrid a crime. Before that C3od, who -has. said you shall do no mur- der,. and b.9fore him whom youb have so highly offended. you mnust-shorty .par . I. hope, with the k.owvledge you lad of your crime, and, the .reiult you hnrst have considered would bavc betn the consequence you have .endivotsred to make your peace wiih Gpd, aTid-ta obtatn that jardon from him which we have reason to believe, 'sposs proper contvstltn, i5 exteiide&to the gresAtest hinner, -- I-enxioudly ezboi yowto nke iue ot the few short mo- nenets you havt to continue in thie lire. If. you look back to y?tif .*yif,lsOth sIncere penitence, the mercy o7 >6 ne Being ia Pa tf d att so i my * m n- cere prayer." is ngilogn1rday, and his bc.av tWbSe'dhMsec-ted and anatomised_;- ; . The pri:oner earnestly prnyed tort?hfe tO see his twe little children,, one of whom .a unkv JIcree $eat oid: Mr. -bJustice B&sriw. snti- *?a?ed to him they aiwpld be sent: for, lie then ,sioxiously, laokLed about .tie couss5.said.S Fathdi! father!" 'arid retired.- *his ?sthesr .s,i lecoarteluning th!e trial. - - ... .................... . *t7. Cloy TJ'czll,a?resp?ecsable'soap-boiler, wssindicsed underva3;oiou coun ts, for having nu alicaissi?y iet fire t0 3 buildi, g oecu ,aed by 4ji at Liven7001 on the 23d of Jnly:, witb inten't to deFraud-Jrohis ,re;., Besiimdin, k?sq., of~ .tie Courity Firegoffice. There vwere sv oshcr cOnnts charging.him w,ithitnrein tO defraud other persons...,... Mr. LfTTLEDALE stated the case, and-ws proceediog to..sIt- vistkiessts when Mr. Jpstice B.A.'tEr asked. ilf there was an,y.cb.' dencte tO be brought forwar'd of i clandrestine rernoval of p:opert.Ly. The C-ounae1 for the poiecut,ion sanid there wvas not. he Mr. Jastice Bt,YLdE.-Where, then; is the inreestodefraud , be set titplace on fre,.sureiy he could not have eecovered,mqre than the l alae of 4 tegobds .destroyed. I cannot concive .what r tive he cool have for doing so. After ponsiderarne dis elfbion on t oe ubect, .the charge wias iaii- doned, and a verdict ot' acqa ittoar ewas rtaen -on the indictB-ent foinr.tir capita! of?fence, and tor the n?isdenieanour. * ' ~~~CIVIll 9IDB. DEFASIAT tOS.-ELLEtESsIAlV V. ISOIIN'SON ASDW WIE,, Mtr. SCAstLT T .stated tbe casen Thi waS then action brought by' tbe plaintifft, and under circfmstances untexampled in actions of sthisr description. 53rs. Elershaw, The la2intifi, is a widow lady., whoe husband; a clergyman,.died in 180t3, leaving er then aboout. 2 yare of age. and tohlly bercft of support. Saome friends of her hsabit.o procurted forher different pensiots, amounting tod2L.audr 2J0guuieas, per annolm; one t'rom a society in rendao,- and The other.from aso- ,ietv id4Londmn, instituted for-ithe-relief of poor cter;ypner.s wi- dos. Tlie difhndahe wtas an apothecary, residing in Settlet inthtis comity; the othbe deerdant was his wit'e, and .is the .causeof tbi-e present action. The partis had been OR mdost inti-mate l pd piriendy tiers with each orthet j hen, from some cause.unexpot.ineii,Mis. Robineon took umbrage at some aupposed offence,. and. began tso' eircuate rumourpaof rtensel .tijutious tendency, affectiog the moral character of his chent. She deciared to many persons tivebt ti be detailed in evidence_that diMrs. Ellershsuv, tbe plaigtiff,, asd her own husband, had a crimittal woaneakOn together; andi vit, this craitalnce of aggravation wher, that she herself . ad beena.wst- ness to ai. Mrs. Ellershaw had, though in humleidrctnistahces', moved in the best society in the nevghbourbooi. shenlived in: ae of u nd herself, one by one, deprived of her acquain-ance-friszdihe rould not call tldiffern t o weouldlisten to such base tOmniss-irtu -or length yilifibtent ia5;ies M bs had lodged with ber told lstr the ciiuse of their leaviriDmhsr house, and hesetreporta wer circul3tedtohstich an extent, thau when she applied to the clergyiuee.of thse.psh fwir their signeruje to an annuat certifcare of.character. to enable in'tis draw tye sthell pittance allowed.ther, the clergyma-i was induetd' (aped .etot i.ropehly did he act, if h believed thosi rienordsl- to refuie nigning the certinicate: and, int consequenepis ei clii. ent waso redt ed te beggary. a She applied toF er. Fiartl.e, gir eminlent solicitor in Settle, to see ttte defendac t on the sub- jecr. ale did see him, and the defendant pro.fesed his re- gret nt. the circumstance -he said, *is wif wars a great fool, and full of jealotsy and It Ees of rnadness, ant that she ouibht nolt to be beliered on SUChI subjeeta." M.lIr.Hrtley7 then .sa*r Mrs. Robinson, who, far from exprcsine g contrition; reiterated to hin her cahicnhies, and Ta ointed out a place where, she bsaid, sbe iwd boned a hole, and through which she witnessed the traxidatntir whlich she cir. ulamedf so mruch to the ruin of Irs. Etlersliaw Mir. iartled examined the place, ian whas convinced that it was impoA- silhe (as she described it) that she could.bave citriesid arny such thing_..thait thie- whole was a labricatioh . This wras the foundation of the hpresent action, Ith might be said . it was an extretely hard case that. a husband chould be anrwerible for the calumnies and misrearesentatin s of his wife r butt they would remenber the old hac icd e,pression, that a tun teok his wiSe " ftor better for worse a " and -if she is foul-mouthed, he musthe anosw erable for the eonseuence. lfbthese leperts were not a ti_stie of falsehoods, they must.highly detract fromn the honotur of the dc- fendant, who was a professional man, and the only waz to restore him to an unspiotted character was by giving the plainrti a,plt d- mages against him. The plaintiff was now nearly 4-iyears of age, and had a son at sea, who was entirely dependent upon her fur sup- port, which she could only give ftro the crinotrsble donatioas which sheareceived fman her frienas. She (plninciff t was of an amiable- temper and shdspotrdlife, and hadtal ys received the greatest kin'd. nest from her acqtaintance. She wasa now turned n the world, not only in a state of beggary, but with reproach, and all in consequence of this malicious story promulgated by this woman, whicb wv2s solely the fruit of her own n sgmatiton. le hoped their vcrdict would restore 'aer to that situation she had lost by these slanders, and that those who had withheld their friend- ship from her would take her by the hand, and restore ber to thehej cam se had upon their attention before those slandesa swere uttered. Different witnesses were called, who satisfactorile proved the dcr- chm atances stated by Ar. Scarlett. There was no justification en- tered on the record,nor'any attempt at defence made. o sher. WitLTArnS addressed the jury in nitigation of danmagesm and, after a short deliberation, they returned a verdict-Danages, solely t fri of nt _ ..... : A.SIZES. - LAN.CASTER. FIIDAY. AIARCHI 19. CIVIl, SIDE. .1REACH 'OF PROMISE OF XARWAGMS--BELL V.-,SUCLIFFE.