Carlisle Patriot, 04 Mar 1826 - Cumberland Lent Assizes (11) - Part 1

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petra.mi...@doctors.org.uk

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Jun 29, 2026, 4:07:15 AM (6 days ago) Jun 29

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Saturday 04 Mar 1826 (p. 2, col. 4 - p. 3, col. 5)

CUMBERLAND LENT ASSIZES, 1826.

NISI PRIUS BAR.

FORSTER v. BARNES.

[continued]

Mr. ALDERSON.—My learned friend has taken great pains to point out what I did not intend to prove; permit me now, gentlemen of the jury, to tell you what I really do mean to prove. It is, that the wages have been paid. I shall show that, instead of living with my client for two years, as stated, she has been to Manchester, and lived there for a year; and you will be surprised, perhaps, when I tell you that she has herself admitted that nothing whatever is due to her. Her object on the present occasion is pretty readily seen through. She asserts that a promise of marriage has been made to her by Mr. BARNES; and she brings this action under the idea that, as that gentleman has lately married, he would consent to pay the demand rather than submit to the "showing up" in Court which it is clear my learned friend has been instructed to make. They now prefer a claim of twelve guineas, they had attempted to prove no more than six; and he would show that so late as November last, the plaintiff's solicitor, Mr. PEARSON, demanded only that amount. He would shew, also, that when before the Magistrates, at the time the order of removal was made, no more than 30s. were owing to her on the part of the defendant; that was for the maintenance of the child, and that sum was put on the back of the order, and paid accordingly. He should also prove that she had said the wages now claimed had been paid.