[list-cumbria] Carlisle Patriot, 13 Mar 1824 - Cumberland Spring Assizes (33)

Sat Aug 10 12:21:45 UTC 2024

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] 

Miss RICKERBY examined by Mr. PATTESON.—I reside at Wigton, and have known Miss Ann ISMAY several years, and been on intimate terms
with her. We were at school together. She last year resided at Brackenlands, about a mile from Wigton, in her mother’s house. I know
Mr. HOBSON. I have seen him there: for the first time about this time last year. About 12 months ago, Miss ISMAY first spoke to me
about Mr. HOBSON. She told me that there was such a person; that they were lovers, and they appeared to me to have been so. During
the summer she told me that a marriage was to take place between them, in December. I remember taking to Miss ISMAY a letter which
had been left at the Post-office, in the month of November; Mr. HOBSON was there; Mr. CANT was there also. Miss ISMAY called upon me
the next morning. She then told me that the marriage was to take place in about three weeks; that she had promised before witnesses,
and could not retract. Miss ISMAY told me that I was to be bride's maid, and that Mr. CANT was to be bride's man. We were to
breakfast at Brackenlands; then proceed to Penrith, and live there. I was to have gone with them. I have often seen Mr. HOBSON at
Miss ISMAY's house—he was publicly received by Mrs. ISMAY as the lover of her daughter. I have heard her mother say that she
intended to live at Penrith with Mr. HOBSON and her daughter. 

Cross-examined by Mr. COURTENAY.—Mrs. ISMAY's husband has been dead, I suppose, about 20 years. Brackenlands is not a lone
house—there are others there—a very small village. She has land about the house; I don't know how much; but there is no great
appearance of wealth; she keeps no servant, nor much company; she and her daughter live a retired life. Miss ISMAY has no brother;
nor any male relation living at Brackenlands, nor any where near. She has uncles; and one of them lives at Manchester, the other in
London. I never saw either of her uncles at Brackenlands. Miss ISMAY left that place in November, and has not yet returned: I
believe she is in Manchester. She did not appear to be in any distress when she told me about her promise; this was only a few days
before.—How came she to say that she could not retract? I disputed it with her—I thought it might not take place. Mr. CANT was the
witness to whom she alluded. Mr. CANT was a friend of Mr. HOBSON's; he lived in Penrith. Mr. HOBSON lived at Templesowerby, between
30 and 40 miles from Brackenlands. 

Re-examined.—When she said she could not retract, she was not sorrowful: she did not speak like a person who was forced to do what
she did not wish. 

Thomas CANT, examined by Mr. ALDERSON.—I am a grocer residing at Penrith, and a friend of Mr. HOBSON's, the plaintiff. A person of
the name of MEALS lives at Wigton. In Feb. 1823 I was at his house. I met Miss ISMAY and Mr. HOBSON there; they were introduced to
each other on that occasion. In July afterwards, I saw them at Brackenlands together—he appeared to be staying at the house, and was
favourably received by both Miss and Mrs. ISMAY. In Nov. last I called there with Mr. MEALS, and found Mr. HOBSON and Miss ISMAY
there. While he was out of the room, I had some conversation with Miss ISMAY about her estate, and proposed that it should be
settled either upon herself or her mother. While we were talking, the plaintiff came into the room. I informed him of what had
passed, and asked him if he had any objections to it. Mr. MEALS was there. Mr. HOBSON said he had no objection whatever to such a
settlement; that Miss ISMAY was at liberty to settle her estate as she thought proper. Mrs. ISMAY was present also; and both mother
and daughter appeared to be perfectly satisfied. I spent the day there. In the evening, a letter was received by Miss ISMAY, and she
read it. Mr. HOBSON asked Miss ISMAY's permission to shew it to me. He did shew it to me. After that, defendant said it was her
intention to write to her uncle a reply on the following morning, to inform him that she was sorry she could not comply with his
commands, for it was her intention to give the plaintiff her hand in a short time. Mrs. ISMAY was present, and observed that she
would have her daughter to exercise her own discretion; but she thought her daughter had better not write, as it would only give
more umbrage to her uncle. In reply she stated, that she conceived it an incumbent duty to comply with her uncle's wishes as far as
she could, consistently with her own happiness: but that the plaintiff need not be at all alarmed, for that she meant to give him
her hand, for she did not conceive her uncle to be her guardian, she being independent of him. Plaintiff very strenuously said that
the marriage should take place as soon as it was convenient to Miss ISMAY. Arrangements were made. It was proposed by plaintiff and
defendant that Miss RICKERBY and myself should attend as bride's maid and bride's man; that they should breakfast at Brackenlands,
dine on the road, and proceed to Penrith. They were to live in a house taken of Miss WATSON, in a central part of Penrith. Miss
ISMAY requested that plaintiff would not buy too much furniture. I know that Mr. HOBSON has taken a house at Penrith; a good large
one, superior to the generality of houses there. I saw them again next morning, and asked Mr. HOBSON in Miss ISMAY's presence, if
all things were perfectly understood, and he answered yes. I have known Mr. HOBSON six or seven years; and for the last two years we
have been intimately acquainted. 

Cross-examined by Mr. LAW.—I went over with Mr. HOBSON, to Brackenlands, on this business; I and Mr. MEALS went together; Mr. HOBSON
had gone up in the morning. Neither of her uncles were present on that occasion. I made the proposal about the settlement; I had
never made any of that nature to her before. At this time I knew that difficulties had arisen, that her uncle had objected. Before
that I had made no proposal about settlement. I was aware that shortly before this, Mr. HOBSON had gone to the uncle at Manchester:
but I do not know that he ever called upon him while matters went on smoothly. Mr. HOBSON is considered a young man of gentlemanly
manners—rather prepossessing, fascinating, in my opinion, very much qualified to engage the affections of a young lady. He has seen
a good deal of the world, I believe. I never conceived that, for his station, he had lived in a dashing way. I think he has not
lived in a dashing way—I consider him a very abstemious young man—abstemious from all extravagant pursuits of pleasure: no doubt he
has sometimes pursued pleasure. He is by trade, seedsman and corn-dealer, by which he maintains himself, to the best of my
knowledge. He deals in nothing besides seeds and corn; he has no shop. It is not frequent that a person deals in seeds alone. His
active pursuits in this line occupy only about three months in the year in respect to seed; as regards corn, it extends to nearly
the whole year. He is a member of the Yeomanry, and as such, he ran a horse. On one occasion, last summer, he had four horses; one,
called Spareribs, a very good one, I believe thorough-bred, and had run on other occasions besides running for the cup. Mr. HOBSON
generally informs me of his concerns.—Would you not consider four horses a little extravagant? At the time I am speaking of,
Plaintiff had occasion (on account of the illness of his father) to attend the markets of Darlington, Appleby, and Penrith, and then
I consider that two horses were quite necessary.—Looking at his mode of life, I should think he lives up to his means. From my
acquaintance with him, I should generally conceive that his capital was limited. He has no visible property that I know of. I said
on one occasion that I would guarantee his debts for £150. 

Re-examined.—I mean his debts alone—not after after [sic] his capital may have been applied. 

By Mr. LAW.—Have you not heard Mr. HOBSON say that whenever he found any thing had been said to Mrs. and Miss ISMAY to his
prejudice, he always went over to Brackenlands, and wound them up like an eight-day clock? I have heard him say so—that he had that
influence over Miss ISMAY on account of the attachment that subsisted between them. 

By Mr. ALDERSON.—I never understood him by this to admit that charges made against him were true; but that, whatever charges they
might make in his absence, he could, on proper explanation, refute and satisfactorily answer. He went about the country, bought
corn, and sold it in Darlington market; the nature of his business obliged him to ride a great deal. I believe Darlington is 50
miles from Templesowerby. For this I think two horses would be necessary. About 8 or 9 months ago, he had four horses. I don't know
that Mr. HOBSON ever ran Spareribs for any thing else but the yeomanry cup. I mean by his seeing a good deal of the world, that he
was a Commercial Traveller; he travelled for COPELAND and Sons, London. I mean by no visible property, no landed property. 

[to be continued] 

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