The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-07-03 00:00:00

BREACH OF PROMISE -XlOO DAMAGES.

In the Court of Common Hiram, In London, the cause of
"Stafford v Clark " line been tried Both partleo to the
suit were young people, about BO years of age and the artion
M. to recover damages for a hreach of promise of marri.e.
The drfendent denied the promise, and al,o pleaded that the
plain EifY had released him froni the performance of it.

The plaint:ff's couneel in opening the case said that
the plaintiff was Miss Alin Angie Ida :Marriott Staf-
ford, and in 1865 she was in the employ of a mantle
Srinst al Canthridge, and the defen.lant was a travel Cr
engaged in tie name trade. Under these circumstances
it was but natural that an acquaintance should epring
up between the phintiff and defendant, and it was per-
haps as natural that there should be an engagement
that they sir al marry one another. The jury at all
tv,nts would have no doubt that tMre had been such
an engagement. The defendant was a mat voluminous
corresis.ndent, for he not only wrote letters of enor-
mous length, but there were no less thall 300 of them,
and they were filled from beginning to end by the most
wsrm and gushing expreesions of affection. For in-
stance', there Wm one letter dated the Bth o,tober,
1865, written from Cambridge, in which he addressed
the pl unfit! as "My own ever darling Angie," and
said :

"O', Allele, my pet, tell me what! can do to make you Irma
me; tcfl toe. darling, so that our hearts may entwine together.
Tell nie whether I can do any Mint; more to gain your affec-
tion still further." "If I could lie iin a nice c.•itch this after-
mion, and have you by my aide, and tell you my devoted love,
lat la Ike happy." "If we live, lovey, how I feel I .1.11 love
you, and you will be the only comfort and me prize in life.'

The letter consisted of many lives of the simile sort
of expressions. (A. laugh.) On the 30th October he
wrote:—

" Annie, my darling,—Words cannot espren the great
tenure, and the fresh sparks of love that I have gathered
front your dear loving letter to-day. Many thank. and many
ki,sea. 1 all try answer it. but it will he food for weeks
for your Joey. (Loud laughter ) It will sleep with me, and
then will be read again and again. I like the vevet tie very
much 'it niakes me look such * nice young man. I could
smother you with kisses, but I would not smother you
altogether. because 1 shad often want to du so again."
Laughter.)

.„
This showed that defendant was a cautions young
man, who was cautious not to kill the goose that laid
the golden eggs— (renewed laughter)—and he con-
cluded in this way, " Resit your dear old heart."
Expressions even such as had been read, however,
did not seem sufficient to exprewt the defendant's full
I, clings, and he therefore subsequently ssed the
plaintiff as " My own ever darling wife," and the let-
ter was dated all having been commenced to be written
at eleven at night., and probably, from its length, it
would be fini.hed about three in the morning.
(Laughter ) He said :

Yon draw from what II said I thoueht we could he married
at Christmas, and I wi•li it eolild lie co; bat shortly after-
ward. we I nay settle very comfoitably, or if not then, some
time in the summer."

The Rummer came, but not the marriage, though in
the following summer the defendant married another
lady ; anti he, the learned counsel, hoped that she
would not be smothered in the way that had been con-
template.' with the plaintiff. (LaugLter.) The de-
fendant also wrote,
&hem is sore to give me LAO, and, I should say, a house
it live in also."

The correspondence continued down to 1866; but
.he time Callne when the defendant grew leas warm in
his feelings towards this y iung lady. He quoted
Aclipture profimely all throu.lll his letters, and he need
these quotations in support ce some scruple which he
seemed he hail again.: marrying the plaintiff. At last
he wrote that lie cmlil not marry her, because his
mamma did rod like that he should do so, hut he
Os. med to forget among his profuse quotations this
ictip.ure that a mail should leave his father and
molar and el. ave to his wile. On the 13th February,
1866, the defeidisnt Kai I,—
law mrsnre of 31111 to want to know again why ear rela-
tions with eacn other cannot he closer. I have twice tiild
too that I can 11ev. r marry you against the with of all my
friends Oiir eel itions to each other will remain as th y are
'elitist ins look with pity ”Il ME, and caitsit I bit a dear
brother (onuS .110 ill!. dear to ine PAI you are?"

The learned oninal submitted to the jury that that
snggistinn wan simily an inault to a lady to whom it
had been proinae.l that she nbou'd be a wife, awl that
th, conduct f 4 the defendant was an 1 as (tidied for a
a full amount f .f damages.
. . . .

Mr. Bilrehell avid that in lel2 he was poetmaster at Illack•
limn. and he knew the plaintiff from that tone down tithe
nreient She Ca, an orphan. Ile knew the defendant
the 1141 tie* Meanie tonin timed !II 1865, :old tiny atibsequeetly
nit-Ito-ft nt wit nesla ilOll*P. and were reveille I ea hell*

ohir;ge,l to 1)0 another 'He 1-onler4ood that the defendant
had aince 111,1 I tel an. [her ',Orson.

•
Cross-etainlntd: The plaintiff was a teetotaller. He did
not know that she inststed upon the detrutlant becoming a
teetotaller. nor was he aware that there was any
between them upon the mtlter. Tie learned council
handed to the witnets n letter which he till ear in hi-
writing hut he could not ear that then were written to the
defendant, urging him not to give up the plaintiff, upon
the giound that she desired that he should become a tee-
totaller.

Re-examined : Ile did not onderstand that the plaintiff hul
given the defendat t t • understand that she had broken ta
the engagement with the defendant ou account of hM de-
C dri fig t become a reetdaller.
. . .

filr. harebell j.,s, •7. - 7 ' 1 Il lviii were
treated as persons ei g t el, ciii it was etriacred thai. the)
would he married hi august. IS6 He saw the platullY I
Nlarch .17 Aso il last, at hl fattier's house, and three was a
great diffae. ce in her appearance and manner. Instead of
being as she had been a lively girl, she scented tn do is 01d.15
sat.. fret all day. She appeared to be quite prostrate to health
and Fplrtis.

Cross•ex milord: The change IllAnner wee sfter
the tbarria,e of the &leisholt with his prewm, wife. Wit-
... was an accountant, and was a so clerk to the plaintiff"'
attorpey.
---• • • •

After some disenssiim the learned Puke decided flirt
the jury were entitled to see the letter which li.t be. n
handed to the firiA witness. It addressed the defendant

“My dear ,ir,” and atd, "I duly received your letter, an
am vies sorry to thni from it that my young friend aon your-
self have um been able. so far a. I could judge, astir actorily
to adjust this little difference between foil. I uni sorry tor
both, for as regards Afuie Mrsel, I Atould think that she
would make a very suitulde wife for any wuttleolim, even
were he without means, for she is thoroughly domes-
ticated "

The wiiter went on to espies+ his reTret that the
plaintiff should have offended the defendant by wivo.
eating her favourite system of total sbstinence, all he
ilisle excuses for her and also gave the defendant some
very g vol advice.
Mr. Cockerell called no witnesses for the defence and

said that in cons. quenee ci hi. being unable to call the
defendant as a witne I.l‘, he could not show distinctly the
camie why the engagement had been broken IT;ii hot he
asked the jury to infer fruit, the eireumaranees that the
emse was that the plaintiff insisted upon the defendant
bring a teetotaller.
His Liirdi.hip. in summing up. spoke in high teims
of the letter which had been written by Mr. Burchall,
as being a kind soil wise letter written by a man who
had seen the world, and seen it to advantaze.
The jury found a verdict for the plaintiff—damages
PlOO.

A SURGEON FINED FOR NOT
VACCINATING HIS CHILD.
At the Derby Police Court, Mr. Allan Borman, surgeon,
D-rby, waa summoned by Mr. J TlnneAt, the prosecuting
.•tficer appointed to efif.a.ce the imrViBl,4l6 of the C•orupulsory
Va.•cination Act, 1.R67, on behalf of the guardi ins of the
D rhy onion, for neglecing to have his child—Morn August,
1861 —vaccinated.
Mr. Pratt (inagiatratea' clerk) asked Mr. Borman if
he pleaded guilty to the charge.
Mr. Boman I have done no wrong. I will
answer any qu.stion put to me, but I have no re-
paration to make, and I plead not gAilty.
Mr. Watson, clerk to the having stated
the case, Mr. Bailey (a magistrate) asked if there were
any exceptions in these caaes.
Mr. Watson replied that there was not, excepting a
certificate was given that the chlil wao in an unfit
state to he vaccinated, and that certificate could be
renewed from time to time until the child was ready
Li, he vaccinated.
Mr. Borman :I have not vaccinated the child. and
110 not mean to do si. I hsve hern it: practice at a
surgeon thirty-five years, aud have lived tip see the
evil ,of it, is founded up n evil, the extent of which
you cannot imagine. If I vaccinate my children it
violates my parental authority. I have seen children
die thningli the public officers' vaccination.
Mr. 'reinvest was called to prove that be had several
times cautioned Mr. B aman on his not having com-
plied with the act.
I%lr. Watson read the act of parliament.
Mr. 1i.,1111411 : It is not an act if parliament ; it has
never been illiktat,fl in the House of Commons. It ia
a Privy Council affair. A great number of the deaths
of children are entirely through vaccination ; and I de-
e! ire they are murder, d by the system now adopted.
My child is well, and so are all my children; and you
will mit compel me to poison my child.
Mr. Watson : The case is proved, and as Mr.
Borman refuses to obey the act, I ask for the full
penalty.
The Mayor: With every respect for your opinion,
Mr. Borman, the bench have ic thing to do but to
Carey out the law; you must pay a fine of la, and
c‘ists.
Mr. Loncilon (magistrate): individually, I sympa.
this., with Mr. Berman, and I do thinin it a great
hardslup; bat, as magistrates, we must carry out the