which had been made out. When this bill came in, her father was ill in bed, and he had spoken to Miss Smith in terms of great irritation, and she was induced, in consequence, to deny that she had ever ordered the bonnet, for she was afraid at the time to tell her father. He must admit that she had deceived her parents in a moment of terror, and he must leave it to his learned friend to make the most of it.

The Solicitor-General then read letters from his lordship, containing anxious excuses for his negligence, promises to come down and settle every thing, and carry away his bride as became his rank. Doubts and suspicions arose in the minds of the parents of the young lady, when they found the defendant postponing the marriage; but other letters followed to his intended bride, in which she was led to expect his instant appearance; but he never came, and shortly afterwards the announcement in the newspapers of his lordship's marriage with Miss Chichester, opened the eyes of the young lady and her friends to the cruel deceptions which had been practised upon her feelings, and they resolved to seek reparation for their wrongs at the hands of a jury. He had now stated all he knew of the matter. He should prove by the letters declarations of unchanged attachment, and the only remaining question for them to determine would be the amount of damages they should give. There were the most positive proofs of the promise; but he would venture to express his regret that any nobleman should have condescended put upon record a plea of minority. He should not do justice to this young lady if he withheld

to

from them all allusion to what he understood was to be the most extraordinary defence that he had ever met with, in or out of a court of justice. They who had heard but a small part of the numerous letters which had been written would participate in his astonishment, when he told them that the defence was, that Earl Ferrers never spoke to this young lady in his life, and that all these letters were one tissue of forgery 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 such a claim upon a young nobleman, and carry it out in such a manner which would have puzzled the most skilful and experienced imitator of handwriting. He could imagine, that if any one was wicked or bold enough to determine to commit a forgery of a promise of marriage, to extort money by means of conspiracy and forgery-he could imagine that such a person might forge a few lines or a signature to support a promise of marriage; but for a young lady to sit down and forge a mass of paper, such as he held in his hand, appeared to him incomprehensible and not to be credited. That, however, he understood to be the defence. He should call before them many witnesses who would fully prove the handwriting of the defendant, and depose to personal interviews between the plaintiff and his lordship.

The Solicitor-General then proceeded to call his witnesses. The Rev. Mr. Arden, chaplain and tutor to Earl Ferrers, swore positively that the writing was his lordship's: upon cross-examination, however, the witness made admissions

which materially shook the value of his testimony.

A variety of other witnesses, servants, and others, gave general evidence as to the handwriting of the letters, and to meetings between the plaintiff and defendant, suggesting intimacy and affection. Mr. Smith, father of the plaintiff, said, that in 1839, being informed of his daughter's acquaintance with Earl Ferrers, he disapproved of it, and sent her to London to school; but that in 1843, having further communication, he allowed the affair to proceed. Earl Ferrers visited his daughter at his house, but he never saw him, being confined to his bed. Saw Earl Ferrers' letters in his daughter's hands. At length wrote to his lordship, and received a letter in reply, fixing the marriage. His daughter showed him the answer to his own letter. Made every preparation for the marriage of his daughter with Earl Ferrers, purchased dresses, and procured the bridecake. After that, it was announced in the public papers that Earl Ferrers was married to another lady, and that was the first he knew of it. Up to that time, every preparation had been made by them; his daughter was very much shocked indeed. Saw books and dresses in his daughter's possession; she said Earl Ferrers had told her to purchase them, and, if she did not pay for them, he would. Witness denied that the letters shown him were in his daughter's handwriting.

Mrs. Mary Ann Smith.-I am the mother of the plaintiff; sent my daughter to London when she was about fifteen; she was absent a year and a quarter. I had heard of Earl Ferrers having paid my daughter attention, and it was VOL. LXXXVIII.

partly in consequence of that that she was sent to London. When his lordship returned from abroad, he took an opportunity of seeing her, and she then told me of the interview. I saw this letter (No. 1.) in the beginning of the year 1844. My daughter showed it to me the day she received it. I saw the other letters about the time they bore date. The handkerchiefs which my daughter sent to Lord Ferrers were marked with her hair. I folded them up myself, and put them in the envelopes. There were letters sent with them. They were directed to "The Right Hon. Earl Ferrers, Chartley Castle, Staffordshire." I sealed the envelopes, and gave them to John Lees to post. Earl Ferrers wished my daughter to go to Wales, and I was to accompany her. I went to Stafford for the purpose of meeting Lord Ferrers, but I did not see him there, and we returned home on the following day. Preparations had been made in the family for the marriage, and every thing was ready. The dresses were ordered from Mrs. Lees, of Appleby. The bridecakes were in the house. Two of the plaintiff's cousins were lected as bridesmaids. I had never spoken to Lord Ferrers in the whole course of my life. All the preparations for the marriage were made although I had never seen his lordship, but in accordance with the wishes expressed in Lord Ferrers' letters. My daughter told me that Earl Ferrers did not think sufficient cake had been ordered, and in consequence I ordered others. Her father subscribed to a book society, and not a circulating library. My daughter is tall, has dark hair, is neither fair nor dark. She was between fourteen and fifteen when she first 2 A

se

knew Earl Ferrers. He was at that time Lord Tamworth. We were not upon visiting terms with Mr. Etcherley, therefore we never spoke to him. Shortly after the return of Lord Ferrers there was a ball at Tamworth. I went there with my daughter. We dressed at Mr. Neville's. I went to Miss Neville's room to ask how she intended to dress her hair. I might have said my daughter intended to wear a single rose; it was a white

rose.

Lord Ferrers was not there, I can't tell whether my daughter expected to meet his lordship there. She did not positively say that he would be there. She might have said she expected he would be there. My daughter has told me she had received presents from Lord Ferrers, consisting of dresses, jewellery, and books. I asked her where she got them, and she told me they were presents from Lord Ferrers. The dresses were, some silk, some muslin, and of other descriptions. They were pieces to be made up. The jewellery con

I

sisted of brooches and rings. never knew where they came from until two or three months after, when the bills for them came in. They came from different tradesmen in Tamworth. The bills came in to me, and I paid them. My daughter told me she was to order them, but Earl Ferrers was to pay for them. I borrowed part of the money to pay for them. They perhaps amounted to 2007. My daughter gave the bills to Earl Ferrers, and he promised to pay them. My daughter afterwards showed me the letter (A). She told me that Earl Ferrers put that letter into her own hands at Ashby. [In this letter Lord Ferrers promised to pay the bills. It was addressed to the father, and dated

She

Ashby.] I never saw my daughter receive one of the letters. also showed me some letters purporting to come from Mr. Devereux Shirley, the brother of Earl Ferrers. My daughter had told me that Earl Ferrers had told her he should send her a bonnet from London, but that, it being inconvenient to him to do it, he wished her to purchase one, and to tell her papa and mamma that he had sent it. My daughter afterwards told me that she refused, unless Mr. Devereux Shirley would write a note to signify that the bonnet had come from London; and I believed, when I saw the note and the bonnet, that it had come from London. Mr. Shirley gave my daughter the note to inclose in the box. She also told me Mr. Devereux Shirley had given her the note at Ashby, and it was put into the box after it came into our house. I think it was in April 1844 that Earl Ferrers wished us to meet him in Wales. We were to go to the hotel at Bangor. went as far as Stafford, which is thirty miles from Austrey. We stopped at Stafford because it was night, and, as the Earl did not meet us there, we returned home. We remained at Stafford but one night. My daughter did not know the reason the earl did not meet us at Stafford.

We

Ann Smith.-I am the sister of the plaintiff. I remember Lord Ferrers when he was at Mr. Etcherley's. I often saw him, and at church too. Upon one occasion, my sister was in our drawing-room, and I was told not to go in. This was in 1843, in the spring. After that I was passing along a walk in the front of the drawing-room window, and looked in as I went along. Lord Ferrers was leaning against

the chimney-piece. I am sure it was he, for I stopped looking in for five minutes. There was no one else in the room at the time at first, but I saw my sister come in, and then I went away. On another day after that, when I went into the room-this was on the 9th of December, 1843-I remember it because it was Austrey wakeLord Ferrers was in the room, playing on the pianoforte. I had gone in to tell my sisters about the wake cakes. My sister plays the pianoforte. Lord Ferrers rose on my entrance. My sister came out, and, having taken some cakes and wine, took some more into the room to Lord Ferrers. I was afterwards told that if I went in again I should be whipped. I was thirteen in November last. My papa, mamma, sister, brother, myself, and another sister, were in the house. There was a servant or two also in the house. This was when I was told by my mamma that I must not to into the drawingroom, but that I might go into the garden. She did not, however, tell me, when I was in the garden, to go and look in at the window. When my mamma told me that I was not to go into the drawingroom, she did not tell me why, but I guessed, as I had found out. I afterwards saw that Lord Ferrers was there. When I looked in at the window, I peeped in at the corner. I did not stand and have a good full look in.

Witnesses were then called who proved the posting of the letters written by Miss Smith to Earl Ferrers.

The Attorney-General addressed the Jury for the defendant, saying that it was the most extraordinary case that had occurred during his professional experience. He agreed

with his learned friend, the Solicitor-General, that there were consequences involved in this inquiry immeasurably beyond any thing of a pecuniary nature. He admitted that they could not decide this case against the plaintiff without dismissing her from the Court with disgrace and infamy; but was there nothing to be considered on the other side, with regard to the position of the defendant, if a verdict should be adverse to him? He might make some excuse, he might have some charitable indulgence for a vain, an imaginative, a lovesick girl, who, dreaming of an affection which did not exist, at last endeavoured to turn that dream into reality, and, making the first false step by fabricating that which appeared to be a declaration of attachment, was led on from step to step, from falsehood to falsehood, until it was impossible to extricate herself from the dilemma in which she was placed. But what should be said for the defendant?-supposing a young nobleman should have engaged the affections of a girl, and should afterwards have positively denied his attachment to her, broken his promise, and used those very acts which had gained her affection as the means by which he was to fasten upon her the odious crime of fraud and forgery? This was the painful alternative to which they were reduced in the question which they had to decide. The contest between them was a fearful one: but he could not agree with the Solicitor-General that they were fighting with unequal weapons. He acknowledged that rank and fortune were on the side of the defendant, but he had yet to learn that any advantage was derived from those circumstances within the walls of a court of justice. He was

not in the smallest degree apprehensive that they would regard the situation of either of the parties, or that their judgment would be directed by any thing but the merits of the case. His learned friend, the Solicitor-General, adverted to the nature of the defence which would be offered to-day on the part of the defendant. Their attention had been very properly called to the age of the plaintiff, and it was urged that it was impossible that she could have been able, even though she might have been bold and wicked enough, to contrive a scheme of the kind imputed to her that she would be ingenious enough to carry it out. This was an observation well worthy of their attention; but the annals of our courts of justice, which contained some of the most curious details of the history of the human mind, would have informed them that instances had occurred which rendered it not impossible that such a scene even as this might be contrived by a person very young in years. The learned gentleman then cited the cases of Elizabeth Canning and Mary Glen. He could adduce numerous other instances, if necessary, but those would be sufficient to put them on their guard against the notion that the youthful age of the plaintiff rendered the scheme impossible, or that persons, without any apparent motive originally, might not be brought into a situation which compelled them to fabricate a false and unfounded story, even leading to the most desperate wickedness. Now, he admitted that all this was to be very closely watched. All he asked them was not to suppose at present that there had been any forgery or fraud committed, but at the same time, not to imagine for

one moment that such a state of things was impossible. It appeared, by the plaintiff's statement, that her acquaintance with the defendant might be divided into two periods: during the first, they were mere children; letters passed, which, strange to say, had not been preserved. The plaintiff's father disapproved, and sent his daughter to London; the defendant went abroad. At the end of two years he returned to take possession of his titles and estates; he was now under his own control, but he made no effort to accomplish his wishes; if he had had any such attachment to the plaintiff, which he utterly disbelieved, it was entirely removed from his breast. In July 1844 he had become united to the daughter of Lord Chichester, not having the slightest idea of any one having any claim upon him. In August 1844 a letter was received from the attorney, communicating to him, for the first time, that Miss Smith complained that he had broken a solemn engagement into which he had entered with her, and threatening proceedings. Lord Ferrers immediately went to his legal adviser. He was not aware upon what ground they meant to assert that he had rendered himself liable to any such claim, he never having spoken to her since he left Austrey. Under the advice of an excellent friend of his (the Attorney-General's), the defence of infancy was put upon the record, because it was a complete answer to the action, so far as Lord Ferrers had known any thing of Miss Smith. The Solicitor-General had expressed his regret that any nobleman should have put such a defence upont he record; but the plea had been so pleaded because the plaintiff was