The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-01-29 00:00:00

THE BOURNEMOUTH _ BREACH OF PROMISE

CUE.

I. the Cowl of Appeal on Thor .day, before the Matter !
of the Rolle and Lord Justice Bowen, the cm. of Miller
e. Joy came on as ea awe, Irma • dectaion of the
Divisional Cunt (Ur. 'mem Day end Yr. Justice A. L.
Binith), refusing t.o grant • new trial In the salon for
• breach of prowl., of marriage welch had been tried
before Mr. B.r.n Pollock and a special Jury, ebich
had resulted In • verdict for the plaintiff with £9 MO
. damages.
Kr. Chin., QU. on behalf of ths defendant, etatiul
the feet, of to. ease. which had been
bdore public, mid which emit shortly tb-s., Th.
rd.' .41 em • I.dy of emit 40 p.m. of me. who in
882 ••• can't ng on • hu.ine • as • bairlrser, ui
B room ph. in • bob pled, th defeadaht. •
dB y..rs of ans. aud hew no t.in grown up childr•o,
Coned On • be..oese of n builder. Tee peUes h..-
mg become a (imitated. the deendant ev.ntnally made
the plent•lf se off.r of nianitig., which oh. sompt-d.
re.. at lareard•caomd it to be made known to him that
when a girl of 17, end employed at Tru-114'., in tn•
B•rhuatan Arcei.., ski ti.d 11000 JO aomiatot..i with •
rich Arip ric.n sum. moo, • b had limed her unit. r
• pr...oise of Inerrinol• and timt .he het born. him •
chit •, toet she hod efterrr.rds hired with Min as his elf..
for dm years, and had been introduced to his brother's
family, that be eventually married mother woman, sad
made her an allows cc. for n time, and Mei on hie dis-
continuing that allowance she hal brought an iction for
breech of promise of marriage against bitn,and that the
damages were flied by imminent at £1,500, whisk was
Mild to Mir. According to the pleintiff's 0••• the defect-
dadt. who had reprametad himself to her as worth
£lOO.OOO, had expressel himself with her
expimation of her anteeeckete, and had renewed his
Menem. whisk however, he eutemesetly broke, and
married mother woman. Ms also alleged that lie bad
steered threats ti publish the foie of her early Us U
ehe Meant ea action &admit him, and had mid that he
would nuke Bourneinoetk too hot to hold her, or words
to that effect; and that be had subsequattly carried out
his threat and had inlaid hw butinais. wkieb In the mar
stage of their mumble he bed armed to boy at •
wh‘dhhlnti• had had ettoollr mild der LIS.) on meount of
the mitettee mosey. To. decadent, ou the oth.r hold.
seer.- d tat be hat mule tai. prOothe
opm lb. plefstiff bean .ble to alma up her past Matey,
and that Bodine out what her emly LU. had hooch, hod,
attci in-taim of his disochtms, refused to cantina. Vte
incemoteat The defendant elmed that his prep rty
w.o h..vily reetramd, and th.t he but nit more than
£5OO • per H 1 WOO oterad that the /ISO •hich h. bad
gt.-14 the plaintiff was moos. Wet, end he eenliPt •t tie
trial to r cover it by wiyof co inft-relein. Tee jury had
(mint 401.0 .1 him noon this Dour, ,ed bet awsrd.d ph.
pleietiff LUSO Ammo... fl. D vidonsl Court had
11.-clind to disturb tho verdict, or to grant • now trial.
Ti. email comet for the d.r.,edsot., in support of the
aeps.l motet tis delete,. of um C sort,
contended that the dun sow were excessive. The do-
fendmit had only £OBO traz ammo elms, all kis property
La Betusamouth bilostgagsa,

clear

; The limier et the RAle : B3srosshouth le Ming
Kr. Cahill: It ham risen, sad le not Ihl.l to doo
hieber

Ta• Ileator of VP. Rolls: When the defendant said
tb•t he had only £5OO a year, perhaps the jury at..
oredtted hie etat•uit-at prttty conetd-rably. PerlisPe
eettmeting the thom•os, they t,ok tot.
Lb. slfigestoon t let balmy broken olf dm =amass in
oonsequmaos of some chen•te in Me mind, he meanly
sought to recover back from her, as • loan, the money
be had given her, and thouobt that he had been unmanly
and memo enotteti to threaten to use as • ...PM
&ulna her, that erbiort she bald told Mtn In conadonce.
Mr. CAluss said that the walnut! bad • leged that
she hod been driven from Bournemouth by rumoury,
but thrns was no prow( that the defendant had set WWII
afloat__

—TT:ii7 Muter o the Rolf,: The jury may have thought
that a/ter breaking off the married* Its had been mean
enough to set them* rumour, abet,. her badness had
also been eatiroly beakers up. Oa what relit of ernduct
do you ask us It say that t damages are itheamitie—un
the mere ',Quad that w• should not have gl..n so mach
if we bad omen on the Jury
Mr. Clo.lins edatended that the plaiat.ff wad only entitled
to tha mousy value of the had dot.
Ta• Umtata lb. Roll.: If th• jury Canis to the co D-
elusion that the didmadaht haying br .ken hie premise
bad unfarly and meanly *ought to reboye himmill from
the coasequenom of his set by availing htrnseit of the run.
edema, that had been rapeeed in him by the woman be
bad asked to be his wife, to lot afloat thaws rumours,
wore they not entitled to tote t mat into 000sideration in
Damming the dwasers I
Yr. Coln.. SU untittad that the Jury had no right to tisk*
that view ot the ears. There was no evidonce that tbe
defendant had eist the rumours afloat.
Llrd Juemea 80w..: I am not as aura upon that point.
Toe facto of the plaintiff's early lire .win seeret known
to Itemself alas*. Sao tdd sham to tha defendant, who
alun in Rournamuuth kaaw of tears, and they got abroad.
I, not that weals •vidanoos against html He threatened
th• plain ill to telasen chaos abruad. and they go t abroad.
Whoa • matt propoemes be Wk. makes evidence agallut
bluadelf.
_

bk. 0 •Illna : He deafe4 he bad done so.
Tha Heater of too R : And be dieted that be
made th prJoalae of oterrteg.. but the Jury did not
Wheys bius.
Mr. __
prowl

l(r. Collins : He add that he had made a condiUonal
tomer.
Tail blaster 04th. Ralls: That is • mesa subtorfusa
0 Alas : Ho mil he would merry her II she could
:tsar up h.r past hums,.
Tito Mosier of the Roils: Did be ur. I will marry you
if you can prove II me that you have idwisis Wes •
virtuous woman!
Hr. Oclllas : He used words to that amt. The defend-
ant mode a very tad Claim—be is mob • rotimet man
out It is didl.ult to gilt saytbing clearly out of him
(Lengthily)
of the Roil.: Whether 3 was bonne. of
his mimosas or for maw oboe rem.. tit* Jar, did not
Muller* Mut.

Manning Ms worst against him thii
damarizeTtill extravagant. He was • man of 02 with
Ma and th•rafors she -told not have limn
happy, and would not tote had much money to spend.
(Laughter.) On Um whole he submittsd Mat too cum
«Wit t be wibmitted to an othar 1.,7•
Kt. Foote followed on the same India sad submitted that
the docummtary evidence mowed that the Piaintill had
Dot spoken ths truth, beguile II he had itigalted bag am
Me mild he had done she would not have written him an
ailactionat• letter a 1-• days altar ward&
The tut rot tbs Rolls: She wantad to bring him back
perhaps. (Ltughwir.)
Lira Jamice &won: She wail in a twrible dilemma.
He p Ovoid her sear I.
The Mist rot to. Rills: You will lad, Mr. Foote. as
you get on in Ida that no naarrel is regarded tie mem.
cable by pe•pla who talc of marrying each other.
thaughtar.)
Mr. Foote said that the rumours against the Plaintiff
taiga& have leaked out It th• cows, of curtain anUons In
which she had hem omcwn d in the (Dimly court in
Boa...mouth.
Th. llait.r of Lb. Bolls: Was Me spared • sines gun.
tkin Is oros—rxwit,nation at the trial
Mr. Vol. submitted tool an act of unchastity went in
aultag.Uon of damages.
TOO M .aWr oi the ft .ils ; The olfetice was committad
whim Lb. pl.lni wa. 17. It is Dot the law of &island
that • man may avail himself of the fact that •uch an
°tams hwt t 0,,. to hia koof.dgs to reduce the annum.
Lord Jum.ce Bowen : Etpeail y other. knowl.dge
ho. come to him tbrdugh thii lips of the woman in ma-
ddens.,

Toe Mostar of the Roll.: What is contrary tn the feel-
leg. of every honmt man cannot be the law of Ragland—
or,
_if lt be, in. mazer it c.a.. to be .o the b-tter.
Kr. Foote : Rem tilt, imputations were true. and not
_

—Lord Justice Steen : What le the difference whir* the
troth I. utt rod by a person chi utters it improperly I
The M. ter of lb. Roil,: •ni for • melignent obj.d.
Mr. l'utre Toe onintlf tad received monthly wages
as • kept microns Su illy thet was • fact t bat the Jury
ought to hive taken Int, cionaideratios.
The Master of oh. Roll.: Who: do you mean by
suouthly weirs./ She rrc.lved the means of eapvort
from the mau who tact betrayed bur. The whole matter
eu before the jury. an! toy •ooncl In 6,r tevor,v
No men who hal a grain of honour would have
.1111.100.,4 whet had been communicated to him in the
- -•-

Fo : Woe, hope of happiness cote,' the
pl.in iff hove had with this old man with la wra.up
d
The Master 1 the Rile: She would have been
the wag o a builder at B wrnemouth, and a* he was
al Yeas of age. she would have had the prispwt of
his not living err, in. (Ltughter.) Can a men
my I haw a riffut to hrwt off this to trriare be•tute
I am old. sod am not calculated to make you happy I"
(I..utiter.)
Yr. Foote: Thera could have been no affection on her
put for the deleodant, seeing tne violent letter idle had
writs n him. _

the : All women write like that
wh,ti they are erutry. (L kuyhtor.)
Mr. Fool.: The dalendaut could hot have bee. deed-
ewe hoebwod.

The Meet •r of the Rolla : When. man goes courtDr he
potion hi. moet blooming dregs, but when he cm. ist
court he pate on his worst poseiblie c. at, not oars L
at me, gentienno of the jory, and en who: an impe-
cunious yid sin I am." (Lsushter.)
Hr. Foote ..id that the stige management of tits rain
hod been admirable. The pleintiff hal heen carefully
kept brae the Jury during the whole of the trial, and
she beA been kept carefully Oat of the shalt of the join.
tit the wort bele e. iLtualrer.) N. doubt the defendant
had &me a foolin thing. sad he ins& to be made to pay
aotnothing. bat stor lbw exorbitant turn.
Kr. DE Q.O. (with who., eras Ile. E D•vis),
supported the &nein of the Court below. The part
blab:try of lb. p aintiff made the lo.s of this marriage
wort severe than it stler else would have been.
Toe Mester of the Roll.: Sha must not rsly upon her
own irate to incr•••• her damn. a.
Kr. )(ribs., erred that the jury were entitled t take
1,1, cons dentin the manner in which the marriage
wu Norm off. He oleo observed that the C,ort could
Out interfere with the verdict in them cent unless there
MOTO pi. jury.
The Raster of the Rolls: Not if 1.50,000 disarm were
event (Laughter.)
The K.. or of lb. Rolls rid this One WM an action for
breach of poor. of marriage, and bed tarn tried before
• judge and • eipcial jury, and lasted four dna, and in
the result the jury gave • ver lict for the plant ff. no
doul t for very large do ages. The can was taken to tr
Divismaal Court, and Qs, were asked to trent • new
tr.' on the ground net the damages erre wholly un-
reasonable. The Court, having heard the whole of ths
MA. declined to trent • new trial. The Court of Appeal
was now asked to reverie the decielon of the Court below
on the ground that the amount of the damage. was un•
no seonable. TIN jury, in an murk for breach of promise
of mama's, in determining the amount of drones were
entitled to take into oonsideretlon not only the pecuolary
sast•ined by the womao, but also the manor in which
the breath of protons took plies. Ths lafendant in this
ram wan a man atifilciently old to bay. brio able to maks •
up his mind as t whether hit would or would not ask the
pialutiff to marry htm, and be had no right to mak her
I, marry him enlarge be was t r oared to carry out his
engattn .not. He hard no right I. say ' I wee foolin in
=Atlas the promise. He had atnidly and foolishly
put forward at the trial the plea that he had mate •
conditional promise. That was a mean subt:rfuge for
saying that ha did not promise, but the jury very rightly
In his opinion had said that he had promised. It wag
also undoubted that he had broken his promise. It
therefore beanie the dull of the Jury to nositain bow
be committed that breach. There wait ordains that the
plaintiff had acted wrongly when the was very young,
but it wee not for him inn court of juries to defend has
conduct, {bough there might be cireunistanoes arandiag
• inaction whlce might rune a girl an object of Fan.
The jury, however. in this one did not think that from
oircurnat atom of her rodent= she was • wholly
corrupt and bad woman. When young and pieced in
cirmunstusom of tamptetion she had been led array by
a man of ooneidersoi• w sere. who hod lived with her
upon terms which showed that be did not look epos
her an a men profligate eroniaa. He bad really's& her
in hie house, and she had bete introduced to his
brother'. family. He had reserved to hitarlf the right
and privilese bones abe bad been weak and hal yielded
1, him fa her youth ho art her off when it might plena
him, and there came. dal when he had wined to get rid
of her and cast her off. lor • time he sneered to have
dor tint which under tbe islrounietnate wits the only
decent thing that a man with a spark of honour couhd de.
He bad mine her an allowance, having ample mean' at
lila command. Had be failed to do so he would have
exalted a feeling of distt in the mind of every decent
tan. After a dme he had ceased that allowance, and it
was not at all unnatural that in order to save herself arid
her child from starvation she should have brought an
adios for breach °Smite against hints and it moat be
taken that she was ht in bringiag that acton Inasmuch
as he had yielded, had agreed It pay bar • considere
able sum. Having obtained that money she want nada:
on noosed onus to another plan, end tried to make her
lining baseetty. At length the arrant met her, head
. there wa5...,. Idle, weak. and mean 'agitation that It
wee she who Arst began tin rquaintaame For him part
he did not care one tittle who began the noneintance.
It wee evident the defend•nt desired It become her
hatband. and had made her in offer of marriage, which
she had accepted. After a tins% he broke hie promise.
Had he done so by reason of the disclosure thr hat been
made to him of her early misfortune! Certtin y not.
Ti. indents wari concretive that this diecloorris did not
weigh with him atoll. If. had at the Urn tho diseloture
was made to him • perfect legal right to withdraw his
promise. He did not, however, withdraw it, but, on tke non-
Puy, he tiwt In, net eh hch ainounted lon new p rain
It wan. pine of gross hyo.4rigy on ble part loony that he
hal hen iodated by the iter.ootre Co with irow his
prosaism. Al r that otoer rearms made him noun his
mind. Ho (tee judge) hoped, an far •i the
defendant •as ornerned, that it woe only the oblntione
taken by hi. daughters to the marriage, that sd him
to break It. promise. He hoped so, hut he did not know
It. Noch. when tbe defendant bad made up hie mini to
break hie rouges. whet wee the way In wretch he rood
have done to elth the leer indecency I It. should have
tone it in the mat quiet and Meat intrusive manner.
Toe eviditecs ebeeed tor the oiruusstatier were teems
Re writ to her and snowy lasulied her by threatening
to ellackses what an bad commtutioated to him in cont-
dance—by threatening to tun bee and drive her away
from Bottrustantli. Nothing could have been 010 ft
djairtattatlll. more unmanly, than the threat which the
defendant had ottani. If it hal on'y been a threat
the jury would have been entitled to take It into one
intention, not looking at the mode of breaking off the
marriage. But the evidenes weet farther. It showed
he oanDid his threat Into execution. This malignity of
brawn was such that not content with merely breaking
ite the marriage, he wail determined to rain teis woman
as well by *reeding abroad all that she bad told him In
°mediate. - Thertion in samaras the damages the joy
had a right to take into catmderation all the dream.
Anon On the whole, therefore, ha Ina of opinion
that this was not a ens in which the Court would feel
itself justified In inteeleriag with the diacretin of the
jury I. nod to the amount of damage.,
Thik appeal wee &rained, with rata.

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