Summer Assizes.
The Times, 1824-08-30T00:00:00

Befoyire Mr. Br&n -isaHLLOCSC. Mtr. PATT'aSOe oened the pleadings. 'Lthis wall an -action byfhe ilaintiff~against thie llendant~ for the ireduction of the plaintiff'a lagtr per ruod ser-oititzin an it The defendant pleaded the gee aertl issue, wh ereupon issue was, joined. .Mr1. BROL'GStAM told the jury thiat they had heard fier Mg~ ~earned frie-nd the nature of the issue which they had to try, The ptitintiff was a b-utche-, and the defendant was a farmer living fin, big Dseighbourhood. The action was brought to recover a comnpensatil in damages for one of the moast serious initeries that a fisther conld sustain-namely, the seduction and rain of hirs child. The lavw of England allowed such a compensation in a very sittplar way; it said ,thatatatiter might recover damages for such an injurv,nlot mere.. ly in proportionl to the loss of his chiild's services, but also in pro. portion to the loss he sustained in being deprive of her, society and character, and to the dishonour and misery' which he received there.. by. At the samiie time, unless a loss of service could be shown, the law said that the father should not recover for the loss of hie daugla. tee's chiaracter and society. On account of thesingularity orf the prelent case,hethioughtit requsite to m-ention this point ini the fiancinstance, in order that he might have the benefit of'his Lordship's opinionm uponl it. What he considered to be the greateist aggravattion of the defenxdant'e guilt might in this case be set up u-s an answ er to the action. The plaintifs daugter was the hired servant of' the defendanit att the time whenl he completed her s.eduction. That circumgtance wits, he maintainied, the greateLt possible ageravation of the detendlant',s of- fence ; for, to use ihe authority of the master to eflcta the ruin 3f the servant, involveid a breach of trust reposed in him, and evinced a want of proper respect, not only to hi% servant, but also to hiimself.. "et, undeT such circumstances, thie law of' En.gloeid said that the aC- tioni of seduction diEd not lie. Wtithout questioninig the prolpriety of thiat rule at presenit, he would simply obserye, that tbseeircumstances whiche he was about to niention were,in ltis opiitif,5t teflt to take this case out of it. The ltiring, as wellI by the custisn. of thec county as by express setipulation, was for the half-yer aek bx:)Zn allow.. ed her during chat tirne to go where she iked 1. During that week she was accustetnied to goi home to hier father, and wittltst there petag forrmed such services-_ Air. Baron lItJLLOCC.-Tlust will not do, UT. Broughiarn. I rec-ollect that somfe time ago an action ot this nature was tried at Newcastle, whtere the learned judge who presiled hield that nnder sutch circuimst,ances the action otseduction would not lie. The elefe,:d- aot in clite case I tllude to was a clergyman, and tile leI e ug7 felt soI axit t iave it gone into, Li e fountd, hoawever, tthat undler tite ecitrunstancesit was imtpoissible. Mr. AL'AaLwTT.-In thut case, Illy Lojrd, the plaicitill's daughter was tt i the tervsce of an atiit to tilte clergyman. Alr. elaron Ht'Lt.oca.-And bare she is in tht (Iefendunt'g own MrI. Bytot 013Amt-Not ;,t his entire servic ,Ienenlmy, Lord ; she wa.' at liberty rto tender her scrvices; to lier lthher durink anly 'llte weiek ab,e cho"e t sclect in the hlalf year, and I cat pro.e that slhe did so, teltdcr thutti. Mr. Baroni HUiLLOCSt Was still of' opinion that it would rnot do. Thiere was ar.otlter case, Ltred at Lancater, ita whichv hie hail beers employed as coun-sel. in which he believed the state dotrcin, had been hield. The triil, he knew, was stopped at 1,ancaster; .-p,~t becamte of tt ultinaltely, he did norE ksno, as, he was not in it rAlier it came before the Court at WVescttninsLer. Air. SCAtcrr-l r itated, that. the case 01''Deari v. Peal,- -SEast's Repo, is, 45,was as strong cast in ttivniirof the viewv which hieLordship halil talken of ,his pt,int. MIr. Biaron lit ti.Lci, i said, chat. he dlid not exactl)y recollect that case atl prearen'. M~r. SCARLET-r- saidi chat the C'ourt had deterniineLt!in thtat case, that an action oti the case for de-baucliing ano gettingK with child the plaintill's dauighteer andt servant. pt-v quod ~t 'lrmoals-is, ss not tiaintained by, ex idince that tlite dauehter, though uttder age, was, liiisitg in arother petson's, family in the canacitv of a housekeeper, u-,t had rio initenition) at the tryile orfthie sLeduction to return to hicr fatter's house., thongh h aftc ward, did returni there, while withinc ag,e, In cuniequence of' tht seductionl, uand wats Illaititained by h'er lather. M.11r BROrO;HAN th"ought thlat there va-s a wide disitinction, be- we-ell that cas,e and tile present. In chiat case chers wvas no aijntrus -/ C. I eiCei in tlIe i'acghtier , l-cre was at dtstistct aetimv.l rei'srlrndi. In, eh~ ase the ilsu-nter said she worald niot have returnted to Iter ttiter btit For the seduction ; hiere was an express ititencion 01'return. ing to hlin otice itt every half Year, at all events. Mr. Barott H Lrrzoc` Was of opinion, that itt thlis case thedaugh. ter was not in thie service of lher father so a-s to entitle him cc matn- tAili title action. He was vern- sorryv fur it. but he toughtela was decidedly as cthe learned -cobansel had stated iLt. h il a ihtllaintt"fl was accordinely nonstuitedl. a-sTouTT V. WALKsER. :ilr. ALDEr s\-oypened the pleadlirga. This was sic tin action of' :edtic:ion, and the defendant in thils case, ask in tite last, hodi pleatied the, genera! issue. On that pitint issuie was halOed. Mk-r. fiRor-citiAor seated the case tothe jury. He was exceeding. IY sorrs- chat thiis action sliouid lie ot the sante nature with the last action, which they had had to crv c but he was happy to infomi them. thiat there were noit ill lt thloe rircurnstanc~es, which, bl. apecE,1i&oiny ot the law of England (lbr hr would call it no triore). prevent ed thae plaintiff fr,tm recovetring that comlpensation to witich cite iniury he hadi 5tustaiitd WchU111,1 a doubt ent;iled him. The plaintift is'tliis action was a fartier of the n`am7e Of Knlight, lirint aEtiraonide, in the parish of' Whitby. in iliat county. lie ltadt brought u-p a famnily of Il cItlidren wiith great respectubul.ity. T'itree or 'four of' themn were daugthters, and itud marTried well. Indeed, all1 of them were ciomIfortablyisituatted it) the world exc,ept this daughter, w,ose sedzxc_ onfitd te subjctc of ctheir pres inui. Th;e defendant wqa wealthy t'armer living in ctle iegbor ooonthtie plainziff. an itimae Iiet ofone f cther plintif' sons, and thus. -tad obtainied an isirroduction n n fiht'il.Atrsmfcuit alce wvith them, and under an express prrntase of marriage, as he shouiti prove to themi, Lthe defendant Pres-ailed Over tite virtuie of the plaintiff's 'laughter. suceceeded in debauching her, and now in Iaggra- vation i)f his former nntaconduct, con-pffled her Ic come foArwiard in a Colurt of jsieto Prove her Clatlter's case and her own dibshonour. He mnetition,,ed hat circumstmance tO theMeas One of great agmarra-aon; for when a man hath done his neighbou thegreratest possible injuiry by seducing liis child, ii hezn he refused all compensation for the nir.;! ch-ief anti ivisery which lie Itact occasio-ned, it was tin smal ag,rava_ lion of his miscwrtduct, to compel the per'son wzhom he had so in.. jured to wound hi`s own ant ihis daughiet's feel-ings stil nmore bw takring hetr describe the painful cilcaniseseces unider whichi h5' peare of minth, and her character as a virtuous wotyoan, hiad been rutned for ever. The lawv, he knewt, said that citLi mrust be done, an~d that she wyhit had suffered the greatest wrong should he called as the prinicipal witness to prove it. NEtW hte thoucht thret he who, by Ce- irsibog alt moderate terms of comproni6ie, placed thte wo'man whom he had debauched in thje witness-box agailist him., de.. served to flteet with severe reprehension, frozm a British jury. ''rItev would eake all the circittitstances he had mentioned into, titeir consideration ; they would reflect on thie wounded feell- ings, of tIme father. on the diminished respectability of the chil.. dreit, atidi ott cthe unblemished character whiich riti daughtrer herself haid hor!ns previously to her acquaintance with the df-eindant. Thev- wouldl then, as fathers, ask Of themselves,, whlat sum they Wouldl not give to escape stich a calaimity as thae defendant's rniscornduct lhad infliced on the plaintiff; and, juilging by that turn, would give their tdamages accordingly. Tiit learned courtmiel tilen proceeded to call his witnesses. Ellen Knight, examiined hy -'Ir~ALDEFISON-..lam the daughter of Air. Richtard Knighit I Irve now, and hare lived all soy life, withi niiv fatlter. Wi'iilst I lived with him, I did any thing which' hie requ'iredl. I has'e known Jobiti Walker, the detendant, foir IC years. lie is a friend of myv brother's. lie lives about two mniles from mry lai.ler ; he is a hu'sbandrman, anid lives on his own estate My fat.ier is a farmer, and has nine children living. I have onlt one sister al,ve z she is niiarried. I had two othier siteet ; they art.- decad. Trite defecndant first began to visit me ten vesrs ago. 11, came to couirt met. lie hail courted mne nilie ve'ars before ien, tri~ng took- place betwecen tts. Hie often tzlk-ed about mar) eigins. ly, father was as hornse w-beet he ecrns to ott houe Mv father ol"ten saw him there. I have had a child. I wa brort ht Lo.bed twelve nionthsn ago last Szaturday. John Walke tea's tTe father of that child. I have hieard ray father and hinm tal)1 about, me. ily father proffierTed hiim 2001. if' ice would marry m. That was, about 15 iotitths ago. Tite defendaint, before he wool otary mie, said he must have 2001. down, and IIO0L at Candlemats 'ie ulpen his land :he said that lie would not give any, security to m lather for toe latter sumi. Myv father offered to be at the expense lialf of rise writings; but the tdefendant would not accede to it. TI tiefendatut, after ref-using thits proposal, said that he hiad a living ft hinittelf, anld that I might do as 1 seould. Cross-examtined by Mlr. SC.tRLETT.-.I anto 28 years of age. N father is a farmer, and occupieks about 115 acres I assisted in wvOi ing in his fields. 'Ihle mioney, whichi I mentioned was offered zassist \l'alker in paYing off' tlite mortgages on his estaer. li'alk has a f'armr of 1841 acres. There is a llortgage triton It for 1 ,5t0ih. knr-w tlie defettialnt"' fatlher.. His father died about three slee ua.o I have known the tdef'endant himskelf, though not intio:,tel froitir his boy-hood. Hu used to comne sand sit up with meir ar nigi till II or 12 t'clock. Mly father atnd mother us to go t bed soti times% andl leave us togcether. TVhat has tak-en place tor 10 yet back. 11 v mrarried sister is older thani I enm. She has beerc ln rled 1:3 y'e~crx. Wialker works Up Ot his farm himselh'anoeiocl he has worked onto father's. hbave not snorlehwt hms fields. I hiave been at defendant's house once since his fatttt death. I did nor go alone; somy brothier was with mne. Re-examired by l1lr. Az.DEnscsx,z._A1Ven I said thatt I I ktsuwn defendant 10 years, Ititierely Mteant thatli hadklept camp. w-ith himi toe that time. No inteircouire, such as, that which ducecl my, child, rook place between uts till two years ago. NV~ klits~ Isiters who live wxth hint at hris hottime. Ediward Knigfht, examined by Mr. 1RotUG2Aw.-I WN), Sol the laintifi.1kno teifudnt NlWater, and have .Ae f'or 13 years. Mly familys -know himo. Mr. SCAttt.LrTT belged w esk this witness a. few questions be his examinsation proceeded. In consequence, he putt some1 quest, to the witness, for tits purpose of extracting from him that lie. at the expensie of thits action.; but the witness answered them ai tite negative. Thie witness then continued-I know Wvlker's3 Property. told iic Ott the 27thI of A pptl, 18-23, itlat he hiad bpern ra outward in the world, hoit lie incitdd to reform; that he ais good as 2,0001. left yet, anid that he thouglittitiut isuch a wvould. make mny.sister and himn botit comfortable. le.told mae he might probably be ovcr at fLverstone, where1 live; ant asked me whether I should haye any objection to get a licec, hirt to be married to say sister. Cross-examined by lilr. SCARsLETT.-Iam 26 years of age. detendaist has two sisters. I do not know the exact size ol estate. He has no other property but that. He told tne in that he had 80L mortgaged on his estate: nmore moneY may beets laid tipon it since. I have heard that his father laid or mortgage for 800:., ant that he hias laid on more since. Es ? htd lio property but that &ssate to leave to hbs fasily. That was the case for thfi plaintifK Mlr. SCArLE-TT, in ado'ressing the jccry for t'ae defendant quested thetn, in the first place, to discard frens their minds e asscrtions of his learned friend, which were not suPported:- evidence he had prodticcmi. In the next place, he desiresi t constder that the tdefendant wvas a young man, whese only is ance was a small estate, which was already incuosberei toacun able extent, and hnat he was touable so pay.a large corptnat.. damages, without involvine himselft andhis sisters in irretrt. ruiti. He likewise implored titem to lool to the mature plaintiff's ilauglhter. who had passed the years at vhich wew suptposedl to obtain discietion, and was now going in het ni toentictb year. lIe also called upon Pthemto remember tbef points of evidence :-Tbat she bad known the defendat fr joinlt 7 hildhtoodl,-that shbe had been acc.ustomed to gv o.or~ and wvork in the fields,_thsat abe had beets permitted byv h3er to sit up with hinm till 11 or l2 o'clock at eiichrt,.-aed jblr 7tict never asked htim wvhen he intended to mary. lier, thoisg5,^ EF staIted that he kad frequently proposed marriage to bet. tl, i'. a ieceLo., cL'the AaUg~ter 1311t ot tbit fatlher, t1i6y m~ustt not Jeinto consdcrtfon any filicry which the datugister might have udnaied br the defendars', breadch of his promise Of matriage, topit ffCt he thouigRh that from thle evidlence produ'ed creba ben o pomseof marriage eve-inade. Thiere tad been Io tlk boute btwen he fiarecr and thle defendant, unitil She had ~vedlare ~tthchid, and none of thle neighbours, had been called" epca of he dfendnt's havingz PrOfiesced himself her lover L ~.n tin' withthe honest intention orf marrialre. Besides, esrenrsg her da-zMs., they musAt consider what the thrr- was endt, tle to r&ccer, ancd whiether he had led1, by is taoConuc, t tht lesof ervceof which he then coin. iSed Noa' hd h, orh~id henot brosgt all thi-. mi-chief upon *~mslf? Wasit rot ikey tht wen e allowed two Young per. 'is f dl'eeaussaa, ad o 27yeas od. each, to sit up tog-ether a lte ~urof igh, tat onidsg iproper wvould take place hetwan hem?asa if t wre lkel, wat right had he to denmandI ~s teasycoui anj0in dms.? If wouild give large damages suceing in dchauching a young Atra'g,3 o I ICrtealrs to rest, and to de- aistLinc ofher ttetive p rn'; but it was impossible ip allr Latc o asec n a aelike thle present, wh-re the father had ~end hall htOl therri to u the dish"Onur of hin child. His lcarned fried ha tol the to ut r cmNsel- n thes~itttation of the father, asd to consider wrhat' sam they would rather give than tuihscha e.tir 1shis-k11e lIen t h sufee. H fe wOuIld, however, ask them to. Mrt thme cI Ith suation of tite y~oung, man, and to consider, hadi bhetlaa,I. thyml ave rASesI ds the temptation to which he ha beneposed- and niert, 'f they toUntght that -'ney could not, wkether the. would like to 'ply away half their rbrtslins for having ~Ic7t~heti w i? ncIrne4itn hie toldI them l,nat the present wats one vrctkest c,as, that had ee oe ,v aonnIMensatlen in tlamage a,o eotur, of julstice for tony o. fath~1 the antage%;, which, as sans, thiev ouiglt wi!l wPhich thi ouV(tght toreceive, after tenegligence Mr. BrnR - damsel's vinute had been guarded. tied to) their v, .o ohld the jury, that the plaintiff was enti. ilerati.ys uo. .scttc., and that the only' question left for their consi- El. evsi.' , the onlount of damages Hie then took- a reviewv of C-. -car and pointed out to them 'the different circumnstances it -et~hed in dlleriatr-inn sd in aggravatfion of the damagcz. The Jur-a, af'tur a cnnsultation of a few minutes, returned a ver. lict for thte .7laint-t Damnares '01. '11 r- 13-rn Hlt-LOCK then trie-d four ejectment canes, whiceh were o`f no interest, except to the parties erngaved in them. lIaving tinm-lied all the cii,il business of tle county by 12 o'clock, he proceeded 53 -sist Mir. Justice RALrYt.- in tryinlz the cni-iinal. CISMxA 8n. ?def i-e r. Jnsficc BAYtYE:. (il Cr," otherwi,se Chlrlrtr Sam tte Cart, was pu,t to the bair. Ic, answer to an indicntment f.sund aginalet hirm, for havirg on tC2-5th d-av of March in;st feloniously mnar-lcd, and taken to wife .tar-aP&' at thle Pa-rish c-hurch of ~ir. C,tt5iberr Calsle, hib tOtrisr ife tharozy Boghni bengthen living. (contrary to the for ofth sirur i tht os~nrsleand prov6ided. Thtere was a secnd ndjrn~nr hir,rig hm wthhaving mnarried Sarah Kent, sido, atWh,.-h..ch n te contyof Southatlnuton, on the 21 st e'fSe~ratber 131 ht. ormr wfe,Charlotte Binighasis, being Then arlvoe. lulq t The risoer leadd. o. guilt C' to both indictmens S7-'Ot.ese excited grw 1.seiterest in Carlisle, aniti the Court wasL In cr~"e to repletion. There were a great numiber n( re~'iabi fetL ales present, who naid n-rrat attenti'on to the trial 55 it r`tce*?eJ,lThe prisnser is a coarse vulgar.looking ruffian, bot 4d, r-s--s pf ae andt ha.s not the slighltest appearance of agen. teanabrnit hitm. He aurtenred to be somewhat annoyed by the IAsU:htlr whiiCh tesq r-tisel'at his expenisr during the tine that Alr. (~surens- o,sderailing- thec charce, azainst him. Mir. PA r-rssox op.ened the indictment. Mr. Cnvnrs,,-, ra,-d the ease to the Jury. The prisoner at thie bar as unknowst o Ibe good cir . fflarlis_le until ttiecloxseo> -v n-,- lasthen in pri-ccuti-ls ot hi* designs,he arrived amongz thein, z'- satu his ab xle as rot e K ing's A mis in n, kept b Y a person of thi . -.rxoe of D)anAl,. T- thatt individual, as well as t'o several others, ate ?r."r.rt-cnd ,iiil-Of M as s,utl Cfharles; Cave, Esq., of Thorney-. tithe:.. C'anbib ieshite. ttllingr tlzem at the qante time that he hail ciSrtC amron4nt thes- by the stdvin- of his pVy,ician,.SirAstIev Cooper. -ho had ncvirs-ed birs to try itie beaelit( of the diry ana bracing ,,;inds of thie nerth ofrnzslan~i_ fie de-tcribed to them, in large and marnaIiticent teron- the varino.z estatei which he possessed in various; CO-.:ktics and. talkedl to themi of the iRmmense suins'-Ged alone knew b'ow immrense thpy -rwre-tl-at het hwl in the ftunds atidI otlier public scctite,. 'honvv~btis.he said, was his favourite residence, h-u.it had het the favouirite resicience of his ancestorq sinice the t'oaqaics:. orcrhaps since a remnoter period, as the Caves, rtloning to his ncreunt, hatd existed in grreat glory ever sincle the hlood. The proprietor of Thotney-abhecy, te last de- "c,-r-4lant Of ax lote race of' weasr and war-riors-Roon became ilelighitedI withi mine hos'- oif tuie King's ~A rms ; lie promised all k-indis of rramnage to him antl his fam%Tily - he -waA himself to be the prince Of innkeepers and his wife and children were to be exaltedi to different k-indis of divrities and honours No wonder, thierefore, thai in -he midst of tfiese promnqses poor Donald became as miuch de. li.ghite,4 with hii, risimer as his vi-siter appeared to he delighted with hsm. fie had n.ot be-nmore than eighit dare in Carlisle when lie a'as sei7ed -'th a sudden aartak of the heart. IA gzeneral giggle among the laies 1 He diii not mean an atnntory attack--that, how. OeVeT, CIamIei d ue 'easortbut with a pain in the heari,which rendere-d It aece4-s--eV thlat he shoualtdhe brought homie inmmediately by his frie.'d. F%ndir%g or, whtat to Mr. Cave was pretty nearly the same thing. Prev etitlinvg to firnd,hiniself very ill, he becamec anxious to dlis- poxsse of h..svropenvy, stating that suchi attackf,, if repieated, mutt be fwsal toiin ;d observing that hie had once before SU *erLcl from thlem in chirreb. a-here Jilt situation hail excited thte symnpathy of the wAbl;-',ec engr-egantion. Timie, which is valuable to all 'men, was -tn=761y valiuable to Mr. Cave, on accouint of the extensive property Ste haxltodtisposeof. An attorney of theniame of Saul was accord.- itaglY sent for ; and by hiis assistance. Charles SAmuel Cave, Esq. of Thorrnevubbcy, Canbrib~dtzcsihre, disposed, lit tdue form of law, of his proticarv in thec Isle of Ely, in the couinty of Sussex, aind in God kn-ntis ho" i,w any counties be-Aide-not forgetting the hundreds of t-'ou%andtt that he had in the funds, or the ancient patrimonial seat of the C-aves at Thoenem-.abbev. The attorey, proud to serve soc valujable a client.,usedimore than commion diligence in registering his becue-sts, and in a short time, the w-ill, which bequeathed mRoats. taint of gold eand silver to the legatees itatied in it, was duly drawn up and executed. Mr. Cave, having thus prepared himnself foi det.thought it might next be as well to prepare himself for living. lieI therefore recovered hiA health quite as suddenly as he had lost i.Indeedt. so rapid was his recovery, that in a ?ew clays lie mwa able to stand up agrains%t another attack, of the heart-not, indeed, 01 the samenie a-ire as before, hut of a grentler ancti lets painful descrip. tion,.lIIe fell deeply in love withi hit host's slster-.in.law, a young lady bfgrcat respiectability, who, amrongst her other charms, possessed that oh being tatitled to 1',000l. upon her comingof age. So skilfully hiad he managemi niaEtern at Carlisle, that not a suspicion wvas enter. tained of his not beingr the person whormlhe represnted hbimsell to he. lie boughit huinters, hunted withi the 'Carlisle bounds, drank with the Combo-land squires, talked scandal and nontensi withi their wives.and acted in every respect like a nian of fortune and consideration. In the miidst of all these various avocatioims, he stil I fotind a little time for love. H eerie.t iet hrty abvanwmistress, by miaking Mliss Cape at once the partner 01 his w'ealth and bosorn. tie therefore prcod to her in due form and after the uisual difficulties -with which the " rosy pudeitcy" 01' the sex generall y neets such proposals, was in due form by ber ac- cepted. IHer friends, though they thioughit tht match a very goodI one, were not for completing it in all the hurry which the proprietoi of Thorney-abber thoUgVi necessary. He therefore proposed. to hei to take a irip across t'he border. and, by a Gretna-green mnarriage. Sc Fiti an end to all his doubts and feats iregarding her affections. Thi asmly refused for tome time, but at last. oh the evening of the 18th ot Mtarch last sgave a reluctant consent to the proposals of her impe. tuousI lvr -eaorigypocured t, chai4e,andsuccceded In carrying her to aien,hlshr sedwerl-quietlyamusingtheinsellvesat tit play. Th uiie eehwever purguedand overtaken before thn ceremony was comnleted. The prisoiner, however, was not eisil) daunted from the prosecution of his dlesiigns; and i'n consequence os the solicitations and returcenrtations which hie then made, the cere. niony was allowed to proceed, aLnd the yrouttz ladly returned with, him to Carlisle as his wife, and lived with him accordinRIY. On] their return to Carlisle, the la(ty's friends wished the marritsge to bt re-performed accordling to thae rites of the chuirch of Eirglantl.Tht prisoner, ihowever, resisted the proposal at first, and it was not till some time arterwards that lie was persuaded to contsent to it. Ai last, on f.ie 2.5th Of M arch, he was married to AMiss Cape, at St. Cutbbert'sch,irch, by aclergyman of therchurch of England. He could not see any reason why the prisoner should be go anxiousg to be married at Gretna-green, and so reluctant to he marriedl at Car. lil.A' circumstance, however, might explain it, which had oc. cuarved at tt' e Spring Assizes of last year. They would, many of themn, recollect tat at thoge asisizts, 'a chiimney.sweeper was triedi 'for bigamly, whose first marriage was proved to have been at G4retna, green Tlhe qiuestioln of the legality of that marriage underwent congiderab'~e discussion at that timie, iid the result of it was, that the prisoner wvas acqulittedi. Cave,'it was known, was presttnt at that 'ra,atha liitened to it with the utmost attention; antd whetheitwsha circustistance whiich had given him a taste for the gloismierityf Gretna-green mnarriages, lie would leave then, to dtnne Behat, howrever, as itrmight, this point was at least eetitiesotyatr the English marriage bad been per formed, muirruatnces transpred which led to an iisqtdry into Mr. Cttve's representantions, an to a discovery that every one of themn was false. Instead of beg lilt. Cave, of Tbiorey-abbey, a men of property anitI family, he was fontidi to be Mr. Cave, of Wisbeach), at man of staves and ba'rrels. In point of fact, he carriedt on the no. minal trade of a cooper, but fo'llowedl the real occuptation of a comminon swindler. The learned counsel tlhen said, thiat he wouild call wi-nesscR bc-fore them, who would prove hiit irstt marriage with Chbarlotte liinglitae, lilt subsequent mtarriage with Mlary Cape, ..nd alothefac of Charlotte Binghami being still alive. After lie- doe n, twuld be for thiem to dlecide whether the prisotner owano-uilty of the offence which was charged against himn The earnd consel then called the Following wjtneRt;eA: Jamrs Warde-,eamiiedi by I'. PA rrE tON.-.l lve at Wis. beach,in the of Ey I know the prisoner at the bar. His nam isOnv. le ived attlWisbeach in 1820. He wasthen a cooper. ever ~~~nor any estates in that or any other county that AMr. JE-1stiCe -BAVI-rEY observed, that this war not ev,idence neces. n3ary to suPport the intlictiment; It might be of use in apportioning s,Ite punishment. supposing the pisonier were Prosecuted to conviction- TIhe witness then continued.-I kitew Charlotte Biagliam in 11820. I have exaw,ined the parish regigter at Wisbeach. tA tiaper was hlere handed to the WiEneSs.I I was present when that dociiment was made, wit stbcredit was also0 Present at the Prisoner's marria'e wih Cmrlotte Bingharn on the 3d of July, 1 820. Trhey were tyjether fur sevenor eigit wecks. Iwas at their marriage.feast. I sa harotteBioham ast usi; she wa, then living as servantt w th a respectable family in Union.sitreet, in tile Borough. Cross~-examined by Air. JOStES....TJiat extract from the register was matte by Mlr. hheealcf. an attorney, at Wisbeaclt. Isaitcm = ,vdwith the or~iginal. I knew CharlotteBghmbfr she wasom mrId to the prisoner. She was then aservarit. hews2yer old. ler1parents vete not present at the n bt S he was 2yeres gularTly call (I at churchi. I had known te Prisoner for three years before that marsinge. I had not known his wifie anT thingz near so 1oot. I never heardJ any thiag against her character. helft is beah a ma ani wfe.It was M1r. Metcalfe who applied to me ,'The reason or this illness on) the part of the prisoner anti1 he mnore tearly undcr4t-tcd by reference to thefolwnchrette calen.dar.:-", Samuet cave, orherlvlue- fharle wuingCarge i chared upon the oath Of George sauli of tt cIt of ariiasumel Cavte,si coon.e %,gentleiiian, with fals'ely erPtendinJetatv fariesleasvr Iln one or scout. tie6Othduuyof Niitreti ta,t,iv yen he sent tor the wsaI veorye Saul tor the Kisg'sAmr mu li Catise, o mkehis will, and gave Instbuettone eacr rdfngly to the said George Saul, and state!d himsgelf to be possesse . of 6,0001. stock in the flew4 four per cent stee n et tt jiurgeanroutit In Cambridge and Norfolk-, and direetedte nd og Saul to Weilte to a mtr. Peelcover, of Wlsbech Iwliom he stated to be a trustee for htm), t4 s-ti Out the said stock; and tby such represents. tioujs induced tte sakid Georze Saul to advance bimn 301., sill ivhicla rc. presentatIonis t esalid Geurge Saul hRs sttiee diseovered to be falsie and groundless.& We arc eurpristed thiat any pereion shouild be gulied by so stale A trlpk, and especially that that person should be au attorniey. to give evidente on thi; trial. I have had no quarrel with the pt-- soner. He never charged me with stea]ing baiey from Mr Pe}I. over, of Wisbeaclr. Ak. Peckover lhed no barley to 8teaL Stich a Charge, if made against me, is false, I never heard that such charge had been marle. The extradt fro-n the register was then put it. It stated that Sa- mirel Cave, wid'ower, and Charlotte Bingham, spinster, were mar- riedl at Wisbeach on the 3d of July, 1820. Wiilliam Tivdd, the parish-clerk of St. Cutilbert's, Carlisle, pro- duced the register of the prisoner's marriawe with Mary Cape on the 26th of Alarch last. He deposed that the prisoner wast the persor mentioned in it. Mr. anLi .Mrs. Donald, and a person of the name of Glendinning, were present at the weddring. The regi ter was then put in, and read. Hector Glendinning.-I was present at the inarriaLe of the pri- soner with liss lary Cape. I gave the bride away to him. I amo a blaokamithi. M1r. JoNzs._You do not core from Gretna-green, do vou?- No; but I am at relation of the black8mith there though. (A giggle among thc ladlea) Mrl. JA exs.- Were you sent for on that account upon this occa- ia,n ?-.o; Miss Cape was my niece. The witness then proceeded.-Alfss Cape occasionally acted as a wvaiter at the King's Arms Inn. She was not obligied to do no. I did not prevail upon the prisoner to marry her; qrsite the contrary. I never new that he was prevailelI on by any botly. I knew that they had been at Gretna.grcen before they went to charch. I was not present at the Gretna-zreen marriage. They kept Company before they were married. 'I hey lived In the .same house togetier; and unless they hadhatd some talk together, oQW could thcy agree to gettinz martiedr; .A laugh.) 'l he prisoner, whe`ca.lled upon for his defence, declined saying any thiing. Mr. Jo.srs then asked his Lordship whether he thought that suf- ficient evidence had been offered of tire seconti marriage ? Mr. Justice BAYLEY replied in the affirnnative. his I,ordship then charged the jury, who withouit the slightest hesitation returned a verdict of grrilty agai21st the prisoner on the first rntlictment. fle was then put upon his trial on the reconrl indictment. The same evidence was given to prove tire marriage with Clrai lotte Binghani, as had been given oni the trial of the first indict- ment. Villianm Oram.-I live att Whitchtirch, in IHampshire. I have known the prisoner since Augutst, 1821. 1 knew Sarah Kent, oe- fore her marriage. She tvas married to the prisoner by licence. ieiin him sorne mnney to pay for it I have since bees repaid it. I lnt irn a coat to aet married in. It was the cnat I now have on I a common farmers' loose coat-the exhibition of it in Court by the witness excited considerable laughter.1 I got the licence for the risoner on the Saturday, and he was married on the Monday fol- owing. I knew Sarah Kent afterwardx as .Mrs. Cave. [A paper wax hantled to tire witness.1 I was present wheni this extzrct was mrrade from the parish register at lWhitchurcir. f have not the slight- est dloubt that the prisoner is them in who was thien anrd there married. Cros..examined.It was the curate who made the extract. I saw the copy made fromi the book. Sarah lKent was a widow. I used to nisit the prisoner asfter he was married to her. They appeared to I 'We to live very cannily togethe. (A smile.) They stayed more than iailf a year in my neighbourhiood after they were married. She had I one child to him before he left lVhitchrtrcli. She was worth some money, antl her frienrds were respectable people. the extract froin the registerof the prisoner's marriage at lhir- churrch, in Septetbter, 1821, to Sarah Kent, was then put in. In this dlocument he was deicribed as a bachelor. M51r. Saul tihe attorney, was called tc prove that the prisoner liad beeri apprehended in the county of Csimbeeland. tr Ihe prisoner offered no defence. The learneti Judige summed up the evidenee, and the jury again returned a vertlict of-g_uil/t. I Air. Jurstice BArxsp. :fte raddressing thre prisoner on the heinous nature ofatie offenrce winch lie had committed, sentenced him to be transported foir seven Sears. Willia,sr Crrmpton teas purt to the baf, cirarged with having marie certain false, forged, and counterfeiterl promissory notes for tire pay- ment of money, purporting to be W1hirehaven bank-notes, for tire payment of II. and Il. each, with intent to defraud Mlessrs. Johnston and Co., of WIrhriteh. ven. He wasalso chargedl wvith having feloni- ously disposed of anti put away etch false, torged, and corinterfeited rnotes, well knowing them t , be fal.e, forged, and counterfeit. It appeared from the evi(dence offire(l in suppert of the progects. tion, thiat Irfe prsoner was a bookseiler at Keswick, and that he was in possessioa ar a prinfinw.press there. Soine timc aKo ire left Kes- wick for a fortnighit, anti went irn reality to Birmingianr, but, as he gave out, to quite a different part of the count.y. I t was proved that at Birmingirai t.e lhad given or(ders to a young man for the en- graving of a plate sirnilar to that used by tire Whitehaven bank, but that he had beer. prevented from obtriniRg it by thie interference of tile young man's mother who, on learning that Ie and his companion (la nan of the narne of Grisdale) wanted her son to execute a plate for them, told thein that she weulni set the runners after them if they did not get away ; that they had come to put a rope round her Ros s neck but that it wourld be too weak to hang hiin, though quite strong eno bgh to hang theire. In conseqrience, tire pri- soner and Grisda lefIt Birminghlam, burt before they returned to Keswicli, contrived to obtairt a copper-plate. It wag likewise proved that tibe prisoner had ordered some blue and yellow paints, to give the counterfeit notes the green tinge whiclr belonged to those of the "hitebaven bank, anu had complained to tPe person of whom le bought thel, that the proportion in which hle had formerhy bought those colours did not give a good green-a circumstance which was also obqervable in the counterfeit notes. On the 18gth of June last, tire prinsner d&Isered one of these counterfeit notes to Mrs. Eizabetti Cherry, tIre keeper of a public-house at Keswick, and got change in silver for it. Srortly afterwards she took it to a 11r. Dawson, the agent oftheWhitehavenbank,atgesvAick, who dleclared it to be a forgery. A police-officer of Wihitehaven, called Ilaywood, who had been despatched to Keswick to see it lie coul( trace who itvwas that had put these forged notes into circula- tion, was then sent for. lie apprehended thle prisoner, andl traced several othor forged notes into his possession. Various false state- ments were made by the prisoner as to where he got tire notes, anrd also as to (tie places in which he had bcen during his absence from Keswick. The prisoner off cred no defence, but called several per- sonS to speak to his character. It appeared from their testimony,that he was a man with a wife arid family; that he enjoyed the aharacter of a kind hrusband andafflectionate father ; and that on account of Iris h'igh mroral character he lIad beenm appointed one of tihe teachers to the Sindday school at Keswick. TIre, earned JUDGE summed up the evidence witlm great impar- tiality, and the Jury returned a verdict of Guilty against the pri- soner, but recommrended him to rnercy on accoiunt of his large fa- mily and the excellent character which he had hitherto enjoved. The learned JnoDG said thlat he would take care that their re- commendationi should be attended to. He then ordered sentence of tleath to be recorded against the prisoner. FPIDAY MOrt.ytrsG. There was no case of interest tried this morninrg; The Judges having finished the business of the assizes at 12 o'clock, set out for Appleby, where they will open the commission to-morrow. They will not however commence business till Mllonday. There is only one prisoner in the Court Calendar for Westmorland: but as a sort of set off, there are already 12 cases already entered for trial-a num- ber which, we are informed, ir quite unprecedented for that small county. SmV2MER A$SStzSk. CARLISLE, THUR:5DAY, ArV. 26.