[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (32)

[Petra Mitchinson]

Saturday 13 Mar 1824   (p. 1, col. 5 - p. 4, col. 5, and p. 1, col. 4)

 

CUMBERLAND SPRING ASSIZES. 

 

NISI PRIUS. 

  

BREACH OF PROMISE OF MARRIAGE. 

HOBSON v. ISMAY. 

 

[continued] 

 

In this, Gentlemen of the Jury, (continued Mr. ALDERSON), I confess I completely agree with the uncle. I agree with him, that
whether a man has riches or no riches, is a matter of little or no moment, provided he has a good name. And I hope and trust that
Mr. HOBSON comes into Court this day with "an honest, good character;" and I know that he will go out of Court with that honest good
character unsullied. He comes here for the purpose of challenging inquiry. We call upon the other side to institute it; we deemed it
of them as an act of justice.-The letter proceeds: 

 

"He (the uncle) would pay no attention to what the Wigton people say, provided he had a good character of you from the house or
houses you travelled for in London. As I could not give him the names of your employer, you perhaps will be so kind as to inform him
by letter yourself; and I certainly have, my dear William, made him a promise not to marry until he has made proper inquisition. My
uncle will be in London in the course of a fortnight; he wished me very much to return to Manchester with him, there to await the
result. On that account I have put off writing until I was determined what to do: however, I have finally concluded to remain where
I am at present; my friends leave for Manchester to day." 

 

Thus we see that all the exertions of prejudice cannot shake her resolution and her love. In the midst of doubts, and insinuations,
and difficulties, she remains true to her plighted faith, for she continues: 

 

"I sincerely thank you for your two kind letters, which came duly to hand. I would rather my dear William, you did not visit
Brackenlands this week, for we are in the middle of our throngs." 

 

She concludes with saying that her mother has a very bad cold, that she herself is well, but disquieted by the unhappy suspicions of
those who wish to wean her affections from the plaintiff, and indulges in a little chit-chat of the day, bearing no relation
whatever to the present case, and subscribes herself "Your very sincere Ann." Gentlemen, we have seen that this letter speaks of
inquiries. My client furnished all the addresses that were wanted; and I believe nothing unsatisfactory turned out. As nothing has
been said to the contrary, we may infer that these inquiries have been made, and all parties satisfied; for after this she made
promise to marry Mr. HOBSON. That inquiries, indeed, were made, I shall prove. I shall shew that Mr. ATKINSON, whose name I have
already mentioned, answered the letter. If my friends choose they may put in his letter; and I shall also put Mr. ATKINSON into the
box and challenge inquiry. If they do not accept that challenge, I call upon you to conclude that they dare not.-I now come to
another letter, to which I beg, Gentlemen, to call your particular attention. It is dated from Brackenlands so late as the 5th of
October, 1823, and is in the following terms:- 

 

"My dear William.-I received your long-looked for letter yesterday, the perusal of which certainly gave me pain. I am grieved that
you should suffer so much on my account. Would it not have been a happy thing for both of us had we never met? But fate has ordained
otherwise; therefore, we must submit to its decrees. I certainly have given my word to be yours and yours only, and no one shall
ever make me retract it; though in all probability we may be long separated. I shall explain the cause when I have the pleasure of
seeing you on Tuesday night." 

 

It appears that he was about to visit her; and in what follows she expresses the natural anxiety of one whose affection was still
ardent and sincere: 

 

"I am sorry that the coach is so late; you will find it very unpleasant travelling alone at that hour. I shall of course await your
arrival; but do let me beg of you not to think of setting out if the night be unfavourable-the  weather with us has of late been
much against the harvest." 

 

And she ends, "In expectation of seeing you so soon, I shall conclude by subscribing myself still the same"-still the same,
gentlemen, I pray you observe-"Your affectionate Ann." All this after having made "inquiries." In addition to these letters which
alone would make out my case, I shall call before you various respectable persons, who will prove to you visits to the house,
promises to marry, even the marriage day fixed, plans of eating and travelling, bride's maid and bride's man named, house taken, and
other necessary preparation. This was in November, when all inquiries must have been made and answered. I shall show that in the
latter end of Nov. my client, in consequence of some propositions made by Mr. CANT, expressed a ready willingness to permit her to
do as she pleases with her property. I feel, says he, no improper anxiety respecting your property; settle it as you please; upon
yourself if you like, upon your mother if it pleases you better; I am happy in the possession of your person alone. What could he
have done more? If his motives had been interested, would he not have shewn some anxiety about property? Certainly he would; and I
say that no man could have acted fairer. Gentlemen, when a woman has gone so far as this, how can he patiently submit to her
rejection? How would you like to have been so disappointed? I have stated that arrangements were made for the marriage in Nov. that
all was settled where to go, house taken and furnished; and yet so early as the 10th of December, 1823, she changed her mind, and I
shall shew you that she has refused to marry under her own hand. I shall make out my case, and leave it to your consideration; but
as I have a presage that I shall not be allowed to address you again, I will offer a word on the subject of your verdict. It seems
to me that my client is entitled to exemplary damages. He is not rejected-any one may be rejected from love elsewhere,
uncongeniality of disposition or manners; she flings him off. Why? Because she fancies she has discovered in him some
unworthinesss-some taint-something that she is ashamed of-that would disgrace her. The world will say that he is worthless and
undeserving, because she has broken her faith. This is the way the thing will be put. And he has a right to come and say, I
challenge you to rip up all you know-let it come out. Gentlemen, I ask you for reparation, not merely for rejection, but for the
loss of character which this rejection entails. 

 

Miss Mary RICKERBY called.-I am acquainted with Miss Ann ISMAY; I know her hand-writing. (Letter shewn.) I think that is her
hand-writing. (Another.) I think this is also. (A third.) That is also. 

 

The letters were put in and read, as given in Mr. ALDERSON's opening speech. 

 

 

[to be continued] 

 

 

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