The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1877-08-07 00:00:00

AMUSING BREACH OF PROMISE CASES.

At the Leeds assizes, the ease of Dixon e. Brearley was
heard. Mr. Seymour, QC. and Mr. Cadman, were for
the plaintiff, and Mr. Ntriadv, Q.C., for the defendant.
The action was brought to recover damages for breach of
promise of marriage. Mr. Seymour, in opening the case,
said the defendant denied the promise to marry. and
stated that a reasonable time had not elapsed. All he
could say that if thirty years of courtship—Hamill ter—was
not sufficient time, be was very much Initaken. The
plaintiff, Lydia D:xon, was the /laughter of humble
parents, and for many years of her life had been in service.
•rhe defendant was now a currier at Sonthowram, near
Ilalifax, and on the 6th of May last married, as he under.
stool, the widow of a substantial butcher in the
neighbourhood. (Laughter) He formed the acquaintance
of and promised to marry the plaintiff when she was only
seventeen years of are. She was now forty-nine—(laughter)
—and humorous as it was in one sense, he thought when
the jury heard the ease, it would assume, as far as she
was concerned, a very different aspect Ile thought the?,
would tinJl, from the fasts of the case, that the defendants
conduct towards her had been very heartless. He had a
number of letters with him which were written a long
time ago, and what he should read would merely be for
the purpose of showing the relationship between the
parties. The letter he held in his hand was written by
defendant many years ago, and showed how much any-
thing from "the tender rue, so dear"—(laughter)—was
carefully presented by the plaintiff. It also showed in an
extraordinary manner how love and religion fell in
together. The letter began in the tone, he was going to
my of the Prayer Book—" Dearly Beloved" (Laughter.)
He (Mr. Seymour) was net surprised that the
letter began thus, for it was written on a Sunday evening,
(ibmewed laughter.) The letter which was slated April
Zlrtl, ler, went on as follows :
" I hope you have arrived safe and well, and that you
are in good.heilth and spirits, as it leaves me at present.
Mr dear, I was much affected this morning on opening
that which you gave to nie on Sunday night last My
heart was &linnet melted within me when lo ! to my
surprise—Remember me. I shall ever remember you,
my love, as I hope we shall meet again 'as fresh as the
lily of the valley, and the rase in May doth appear."
(Laughter.) Which was the lily and which was the rose
he did not know. If the defendant was the rose, he lefts
sharp thorn behind, and gave her a very severe sting.
(Renewed laughter.) IMPORTANT NOTICE.
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might he to pay the damages which might be found
against him. (Laughter.) From this time down to May
last, defendant had frequently alluded to his position
with regard to the plaintiff in the presence of members of
her family, and had made her repeated promises of
marriage. Trusting in him, she unfortunately, in the
year 1153, so far forgot herself as to become the mother of
a child—a daughter—which was still alive, and which had
been affiliated on the defendant. Two or three years
afterwards she gave birth to another daughter, which was
still alive, though in delicate health, and which was also
affiliated on the defendant. The defendant, after their
birth, continued to be extremely kind to the mother, and
as the children grew up he constantly asked them to call
him "Father." Ile made them frequent presents, more
or less liberal, and acted towards them in every way
becoming a man who intended to be joined in wedlock
with their mother. His explanation why he did not
marry the pl iintiff was that his father was living and
wanted him to stay at home Some time in 1172 or 1873
he give the ilefen taut a of money in charge for her
daughter amounting to .C5OO. The evening before his
morn i ice with the butcher's widow he called upon the
plaintiff and ascertained if his wishes with respect to the
.Crsie had been carried out. At the same tinie he made
her a prevent of f. 50. Ile never told them anything about
his intended marriage, but led the plaintiff to believe
that he was making all this provision with the intention
of snaking her his wife. Without a particle of notice or
explanation. and after having on one occasion, wben
taxed about laying his addreases to another woman,
denied the assertion, he married, on the 6th of May last,
the widow of a linhiler. There would be sufficient corro-
boration of the facts which had been stated. On one
occasion, when a remark was male about the plaintiff's
daughters to the effect that they were very sensitive
&sat their position, the defendant replied, "What should
they lie ashamed oft I mean to make them alright. As
soon as the old gaffer hams gone we'll all live honourably
and happily togither."
Lydia Dixon. the plaintiff, was then called, anil gave
evidence corroborative of the opening statement by Mr.
Seymour. During her examination she stated that she
received the following letter from the plaintiff :
" York Place, High Harrogate, Anglist 4, 1877.
"I hope this will find you all well as it leaves me at
present. and in good spirit+. We have had two fine days,
but to-day was very wet and mid. There has been no
aechlents of any consequence. There has been a good show
of the 'geed-natural tribe."
Mr. Seymour: That means donkeys, my Lord.
(Laughter.)
"We are in good quarters, and are comfortable, and
gaining a very it arty and sober character. (Laughter.)
The drills are very long, to that we have no time to spare.
—I remain, youra truly, "W. BREARLEY."
In another letter defendant wrote—
" Remember, love, the night you left the Adgill Grove,
for you only are the pry of my heart. . . . Remember,
love, the hours we have yia.ssel together. Excuse my bad
writing. Let neither falsehood nor deceit abide in
either—
Yes, thou art dear unto my heart,
More dear than words can tell,
And if a fault be cherished there,
"ris loving thee to well.
From a hazel grove 1 have picked thin flower."—(Loud
laughter.)
Mr, Seymour (to plaintiff): What flower was it
Plaintiff: Lad's love. (Laughter.)
Plaintiff further stated that she received no letters from
the defendant between 1851 and 1877. She haul "taxed"
the defendant with Paying addresses to another woman.
in reply to which he said it was "a lie, a—lie."
Other witnesses were then called, after which
Mr. Warldy addressed the jury for the defence. Com-
menting on the evidence of the plaintiff, he remarked
that she hail stated that the defendant made the agree-
ment to marry her in the month of February, 1874, and
also on various occasions since 1145. With regard to the
promise in 1174, he said that there was not the slightest
mildew% of corrobation. He might state that the defen-
dant was horn in 1127, and the plaintiff a year later.
When the passionate letters to which Mr. Seymour
referred were written his client was under age, though he
was not going to raise this as a defence. Ile held that the
present action was an attempt to lay hold of that which
was an immoral connection to begin with, and which had
been along continued connection, not immoral since ; and
an attempt—because the man loved his children and from
time to time had visited them—to twist his conduct and
language into that which it was not.
His Lordship summed up, after which the jury found
a verdict for the plaintiff; damages £250.

Ort

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