Calvert v Smith

This is another Calvert related newspaper report I came across during my researches :

From “Preston Chronicle and Lancashire Advertiser” May 24, 1851.

This was reported under the heading - Blackburn , County Court, Monday last which would be Monday 18 May 1851

Calvert v. Smith ( Sarah Calvert and Edmund Smith)

Mr. Hall appeared for the plaintiff, and Mr. Backhouse for the defendant. Both the parties reside in Great Harwood. The action was to recover the sum of 22 12s., the keep of an illegitimate child, of which the defendant was the reputed father; and, from the statement of Mr. Hall it appeared that the child was born in 1839, and the defendant agreed to pay one shilling a week, and one suit of clothes per year. The agreement was drawn up by Mr. Catterall, cotton manufacturer, Great Harwood, who was brother-in-law to the defendant. That sum was paid for about four years, when it was discontinued. He had not a copy of the agreement, but he should produce the gentleman in court who had made it out, and who had paid the money. — He called Mr. Edmund Smith, who deposed that the plaintiff had a child in 1839 of which he was the father. Mr. Catterall was his brother-in-law. He was present in the warehouse with Mr. Catterall and the plaintiff in August, 1839. There was not an agreement drawn up, but I said I would pay one shilling a week until the child was seven years old. Paid five and a half, and then gave over. The plaintiff at one time was so violent to me that I was obliged to send her to the House of Correction. She was committed for two months. — Sarah Calvert : The child was born on the 17th of April, 1839. The defendant was the father. In August that year I met the defendant at the warehouse of his brother-in-law, Mr Catterall. I wanted two shillings per week, but consented to take one, and a suit of clothes yearly. No time was stated for the bargain to terminate. Mr. Catterall wrote it down, and I drew the money from him. He continued to pay about four years. He gave me a book to put it down in. The last money I drew, Mr Catterall said, “Sarah, there is something wrong, leave your book.” I have asked for the book since, but he put me out. Once he said that I could do no good, as I had nothing to show. I have only received two suits of cloths. he now owes me upwards on 20. - Mr. L. Catterall : I am a cotton manufacturer, in Great Harwood. The defendant is my brother-in -law. The parties met at my warehouse, and he agreed with the plaintiff to pay one shilling a week out of the defendant's wages. I never drew up any agreement whatever. I did make a minute of the circumstances, in order to stop one shilling weekly out of the defendant's wages. I paid it about five and a half years before I stopped. — Mr. Backhouse addressed the court for the defendant, contending that the plaintiff had failed to prove a contract, and dealt rather severely on her conduct towards his client. — His Honour made an order for 5 4s. and costs.
Sarah was born around 1809 and appears to have been living at Hindle Fold in 1841 and 1851 with two illegitimate daughters - Alice, born in 1834 and Nanny (the subject of the above action) born in 1839.   In 1851 she was a Handloom Weaver.   She cannot be connected with any certainty to any other Calvert families of Great Harwood.

Bob Calvert
21 Nov 2011