EXTRAORDINARY TRIAL FOR BREACH OF PROMISE. [From the Watchman, Feb. 25.] MARY ELIZABETH SMITH v. WASHINGTON, EARL OF FERRERS.

New Zealander, Volume 2, Issue 65, 29 August 1846, Page 4

EXTRAORDINARY TRIAL FOR BREACH OF PROMISE. [From the Watchman, Feb. 25.] MARY ELIZABETH SMITH v. WASHINGTON, EARL OF FERRERS.

This case came ou for hearing in the Court of Queen's Bench, on Saturday week, before Mr. Justice Wightman, and was perhaps one of the most extraordinary cases ever heard. The Solicitor-Ge-neral, Mr. M. Chambers, Mr. Robinson, and Mr. Symons conducted the case of the plaintiff; and the Attorney-General, Mr. Crowder, Mr, Humphrey, and Mr. Bars tow that of the defendant. From the opening of the pleadings it appeared that the plaintiff was Miss Mary Elizabeth Smith, and the defendant was Washington, Earl Ferrers. The action was brought to recover compensation for a breach of promise of marriage. To this the defendant had pleaded that that he had not made any such promise, but that, if he had, he was under age at the time. The plaintiff replied to this plea, that the promise had been renewed since the defendant had come of age. From the Solicitor-General's statement it appeared that the plaintiff was a young lady of beauty and accomplishments, and had only just attained her 21st year, though it was at the early age of 16 or 17 that she had first became acquainted with the defendant. Earl Ferrers was a nobleman of very ancient family, having vast landed possessions in the counties of Leicester and Stafford. He was himself young, only having attained 21 early in the year 1843. The acquaintance, it was alleged, commenced in 1839, at Austrey, in Warwickshire, where the defendant was under tuition, and m 1844, the parties continuing to conespond in the mean time, it was agreed that the marriage should take place in May, but it was afterwards postponed to July or August. Every preparation was made, the dresses were prepared, the bridecake was ordered, and every thing was done that was usual on such occasions, and it was only at the end of July that the young lady was apprised of the fact that the defendant could not marry her, by reading in the newspapers the marriage of Earl Ferrers to Miss Chichester. A number of long love letters, purporting to be from the defendant to the plaintiff, breathing the warmest expressions of love, and containing frequent allusions to the anticipated marriage, house furnishing, &c. were read by the Solicitor-General. These epistles were mostly written on scraps of paper, a peculiarity, it is said, which Earl Ferrers had adopted. The Solicitor-General anticipated that it would be attempted to be shewn on the part of the defence, that Earl Ferrers never spoke to this young lady in his life, and that all these letters were one tissue of for- j gery and fabrication from beginning to end. All he ! could say was, that if it should turn out to be so, it would surpass anything among the possibilities of human life, that a young girl should have made I such a claim upon a young nobleman, and carry it outin a manner which would have puzzled the most skilful and experienced imitator of handwriting. Such a defence was incomprehensible, and uotjto be credited A number of wituesses were called, some of whom spoke positively as to the letters being in the handWriting of the* Earl, others only believing they were, and several of whom deposed to having at one time | or auother, seen the Earl walking and talking with the plaintiff, or close to her. The witnesses were not all of a respectable class, and one of them was so j intoxicated that he was turned out of court. On Monday a number of witnesses materially strengthened the plaintiffs case. The Attorney-General, in his address to the jury, on behalf of the defendant, contended that the letters read were forgeries ; — that the defendant never had any intimacy with the plaintiff, and never saw her after he left Austrey, in 1840, and that the first time ! he was informed that he had broken an engagement with her was by an attorney's letter, on the 7th of j May, 1844, he, on the 23rd of July previous, having married the daughter of Lord Edward Chichesier. The Attorney-General proceeded by stating that when Earl Ferrers came of age he received several anonymous letters, evidently written by a lady, all in the same hand, breathing sentiments of the most ardent attachment, &c, but a* he did not know who his correspondent was he did not take any notice of them*— in fact, he had burnt several of them, but he fortunately preserved four, which four had been

shown to Mrs. Smith, the mother, on her cross-ex-amination, who had admitted them to be her daughters' hand-writing. The Solicitor-General was not present when the four letters were produced, but on Wednesday morning on entering the court he stated that from the evidence which had heen adduced for the defendant yesterday, and in particular from the extraordinary nature of the contents of the anonymous letters which were read, he felt it due to himself to abandon the case, because he could not, after such disclosures continue to conduct it. This statement created great sensation in the court. A nonsuit was accordingly entered. The four letters alluded to were impounded (it is under* stood) preparatory to an indictment for conspiracy being preferred against the plaintiff and the other persons concerned with her in concocting the case.

On the 2nd of January, the head quarters of the 2nd Queen's Royals disembarked at Gravesend from the ship Emperor, of 700 lons, from India, and marched into the garrison at Chatham. — The strength consisted ot 10 sergeants, S drummers and 241 rank and file, with 4 women and children under command of Lieutenant-Colonel R. Carruthers, with the following officers :—Capt. P. Graham, Lieutenant Godfrey Piercy, Lieutenant T. J. D. Reid, Lieutenant John Henry Grant, Lieutenant E. S. Smyth, Ensign John T. Sadher, Surgeon William Harvey and Assistant-Surgeon Thos. W. Barrow. The troops came in exceedingly well and orderly, the band plaung them into barracks where they were welcomed by the depot of young recruits. The Queen's colours and the colours of the regiment were borneone by a sergeant, and the other by Ensign Sadlier. Each colour was so shattered that scarcely a vestige was left, being completely in ribbons, each piece being nailed to the flag-staff. At the rear was a colour which the regiment captured at the storming of Paiella, in December, 1844, during the war in the SouthernMahratta country. The detachment embarked at Bombay for England, after serving in India twenty years, on the 22nd of September. The troops on their embarkation were extremely sickly, and during their passage they lost 13 soldiers by death. On their arrival at U) avesend they had one man dead. It is stated in a letter recently published in the columns of the National Intelligencer, that a new race of people has been discovered near the mission established by the American Board at the Saboon, who are discribed as being far superior to any on the coast of Africa, and whose language is represented as one of the most perfect and harmonious in all the world; who have among them a tradition, that some two centuries ago, a stranger came to their country, and instructed them in civilisation and their duties: who are acquainted with the facts and truths of the Holy Scriptures, and who are remarkably prepared for the reception of further knowledge. They are at present removing from the interior towards the coast, and the missionaries cheiish the hope that, through their agency, civilisation audCnnstianity may be widely diffused.

Royal Arsenal.—Captain Sir Thomas Hastings, R. N., principal storekeeper of (he Ordnance, visited the different departments of the Royal Arsenal, of Thursday, and held consultations with the principal officers, with the view of ascertaining the number of extra workmen that would be required, in order to expedite the orders at present in hand for the coast defences and the arniauent iutended for the lakes ou the American frontier of Canada. In consequence of this, thirty boys were entered and set to woik this morning (Saturday), in the royal laboratory department, auJ on Monday thirty men will also be entered for the same department. Forty extra mechanics, consisting of blacksmiths and wheelwrights, and teu labourers will also be entered on Monday in the royal carriage department, where many of the men are now working over time, and also duiing the dinner hour. It is expected that workmeu also will be entered in the proof department. The whole of the establishment will thus be placed in a state ol activity unparalleled since the pedce of 1815.

More Conversions to the Roman Catholic Church.—-Three clergymen of the Church of England, and a young gentleman from Littlemore, were on Wednesday last received into the Roman Catholic Church, at St. Mary's College, Oscott. Mr. Newman assisted at the ceremony—Church and State Gazette. The same paper states that the Oxford, secession list is thus encreasing:—3l Rev F. W,. Faber, late fellow of University College; 33. John James Caiman, C. A., Worcester College; 82. Rev. W. U. Richards, M. A. Exeter College $ 34. E. Earle Welby, Esq. M. A., fellow of Magdalene College.