The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-03-04 00:00:00

BREACH OF PROMISE-ONE FARTHING
DAMAGES!

In the Court of Qgeer's Berch, In London, the cause of
"Butcher r Wright • has been heard, and was an action for
breach of promise of marriage. The defendant pleaded the
mull pleas

The plaintiff, a young woman at-mut 2? years of age,
was a dreramaker, and occasionally went into service,
and the defendant, who was a small tenant farmer of 50
acres, WM 73 year, of age, a wi lower with three son' and
a daughter. The defendant bad known the plaint II all
her life, and he was acquainted with her grandfather in
his ytunger days. Allthe parties reeided near Braintree,
and for some tine the plaintiff live 4 with her uncle and
aunt, who kept the Boar's It-ad in that tows. The
plan/tiff, during the time they were engaged, wrobe the
defendant several letters in a very bustnmeolike and
yr.a hie chez-tete r, which he repted t s in the same
strain thr sigh a friend, he beirg tit shin to write.
They were to bo married in April lent, but an erten:gee
merit took place. The defendaet'e daughter, however,
diet, and then he renewed his tiler, but pleintill
cleaned to marry him utiles, he made . y reeled.° for
her in case of his death. That he declined to do, or
put her in businesr, as she raid he bad promised, and
she then refused to marry, and brought this action.
The plaintill's CWAS was that defendant promieed to
give her £2OO to commence I,llbilltrB on her marriage,
and leave her £lOO at his death.
In cr.'s., xamination she said defendant's children
were all over 40 years of age, and living at home. She
never went to hie house. It was mutually agreed
between them that they were not to let their relatives
know anything of the engagement. They had some
conversation about his advancing money for her to go
into bminees, and on one occasion he welted what
security she could give, and she replied hereelf.
(Laughter.)
The Lord Chief Justice: One species of personal
security. (Laughter)
Plaintiff said she was to be put into a burinees be-
calm, she obp cted to go to the farm, and defendant
WAS to come there and live with her. When de.
fondant refused to advance the money else had her
I suspicion that he did not mean bueine-e." In one
I of her letters she asked him if he was married, because
'dialled beard he was talking to other girls. (Lam:titer )
She did not know he had lust all his teeth, and could
not epeak plain in connerinerice. Wnen the defendant
did not "come up," about the business and keep hie
word ehe kept copies of two of her letters to him.
Before med after the action was brought, 26'h Sept.
last, the defendant`, solicitor in a letter to her solicitor
said the defendant declined to pay any thing like the
sum asked, but that the cid man woe ready to carry
her on the s:h November, and take her to h;s farm.
She objected becann he declined to make any settle-
ment on her. Her reason for declis leg to go to the
farm was because she was not strong enough to do the
work. She said she would marry him if he would
agree to keep a servant. Her senator wrote to the
defendant, declining his offer. She wonted a sum of
money down to be able to pay some debts she had
incurred, and on the 3rd of Otitob, rhe wrote to the
defendant to that effect. viz "The eettlement of a
reasonable sum en herself and children, if any."
(Laughter)
The Lord Chief Justice : There is a great deal some-
times in a parentheaim
Plaintiff said the defendant', solicitor wrote another
letter stating that as his daughter bad died on the
Monday, and was buried on the Saturday, he was then
lava fair position to take her to his home.

The Lord Chief Justice said the question was
whether there really was a breach before the action
was brought, and, if so, she could only receive nominal
damaw • lie afterwards was clearly ready to marry
her, and the had no right to insist on a eettlement, By
doing so she broke the contract. Furthermore, she had
no rght to stipulate for a servant. The old man
never had kept a servant, his daughter in her lietirne
having done the household work.
Ultimately • verdict was taken by consent for the
plaintiff damages one farthing, each party to pay
their own coats.

The Lird Chief Justice concurred, and said the ac-
tion oneht sever to have been brought.
Mr. H. James said the old man was still of the come
opinion, and was determined to marry the plaintiff.

The COST of a WEDDING TROUSSEAU.
At the assizes held at Durham, an adion has barn
brought by a draper carrying on business in West-
bourne•grove, Bayswater, London, to recover 4:155
the amount of his bill for providii.g a wedding trousseau
for the daughter of the drfendabt. who is the rector of
Romaldkirg. near Barnard Castle, on the borders of
Yorkshire ahrl Durham. The defendant pleaded that
he never was inibibted.

The learned counsel for the plaintiff, In eating the plain-
tiff's case, represented the defendant as a gentlemen tilling
a high position in the county, possessed of a private fortune,
mei having • living worth 1,700 a year. On one or two occa-
sions the plaintiff, who carried on an extensive drapery and
millinery business in Westbourne grove, Bsyswater, had sup-
plied goods to members of the defendant's family on their
order, which had born sent and duly paid for. Early
In September last the defendant received • letter from
Miss Cleveland ordering • variety of drat°, for her mar-
liege, which dresses she required to be fin Jibed by a given
day, as her marriage was fixed for the 29th of Sep-
tember. The letter, at great length, set forth a variety of
sulk and other dresees, Ipettlclate, j icketx, al sales, veils,
head-dresses, eudnolderles, trimmings, laces, ho., which she
should require, and requested patterns to be sent This
letter was followed by another stating what she had chosen,
and gist, g particular directions as to to, make, trim-
mings, kind of 7,ce, colour., to. Those w, re
follow,il 1,7 Ifl,l] ~r eloht nib, en, all In the 1... Seth.,
and ordering alt immense quantity of things, including
three manties and twelve silk dresses, with "lit., pro.
lector'," as he was xolsg net with bee husiand. hello ~,
a Captain of artillery, to India She required a wedding
veil also, which was to be particularly long, "Be she was so
very tall, being Mt loin high." These vole, when finish°
she directed to he addressed to Niles Cleveland, Rrmealdkirk
Rectory, Yorkshire the goods were sent and approved, and
on the 215ih of September Mlle C'eveland was married to
Cam aln V conga, of the Royal Artillery, and after a month's
wedding tour proceeded with her husband to India. While
she wise away on her wedding tour a Mil for all there things
camels an envelope addrcreed to Miss Cleveland, Romaidkirk
Rectory. The envelope was opened, and In It wait the bill
for Litti, .r, containing a list of she things s molted and their
prices, extending over runny pages, and made out to Silas
Cleveland, frd seeing Ws hill, the defendant, filled with
indignation and astonishment, wrote to the plaint,ff the fol-
lowing letkir . _

"Romaldkirk Parsonage. Oct. 6, 1,70.

" Sir,—! am perfectly a.tonished at the annamt of the
bill which you have sent in to my daughter. She chose to
forget, and you were not aware, that she Is en, of the ten
children of a country parson. On her return from her wed-
ding tour she will examine the items of ynur ac
Yours truly, " BENRY CLLVELAND."
The plaintiff pressed for payment, and the defendant repu-
diated the debt, as contracted without hie eaactiou or sti•

lii73rity. The defendant made proposala, protestlog he was
not liable, but in order te save his daughter's peace with her
husband and to avoid further annoyance, to pay a portion
of the bill if a liberal disc-oat were Made, and if time were
given for the payment of the imidue. This was refused, the
plainliti alleging that hie re,ty-inoney businees, and I
tLie action was Motighte Toe pees)t f letters order ng
c goods was oldnted so till some authority on the part of
the, defendant was shown, and Wm Isabella Cleveland was
called by 0.0 plaint 11 Ste stated that the wedehig trona
ee.oe was talked about in the family, bat her sister acted for
herself. 111,r sister had £4O a year slowed for dress and
pocket money by her father, and was twenty-seven years of
a;o%Vitntss was Asked about the patterns slid eve her
o; ; she did not thlnk her mother had taken any part Is
advising chat should be got, or that her father had been con-
sulted. She did not know that any provial. n had been made
(cr the wedding trousseau by her father. She herself had no
allowance, and there was a dress Inc:tided In the bill which she
bad ordered as bridesmaid for tho wedding 0 crosaexami-
II Alen she said she should have caked her father for the
money for thss dress. She and also her sister hpd each received
£l7O on coming et ace, which era's legacy left to them Wig
did not know whether her mister hal meant all hers er not.
A great many Mils hat come in from the tradesmen of the
neighbourhood for things supplied to her tiger for her
wed.ll, r, which her tether had paid. Iler father's income
was £ir3) a year net. The plaintdl on being recalled, said
his bit was a very reasonable One, and very little lor a lA.l3's
trousseau In the position of the defer:dant:a daughter,
te,yout to be married to an officer. It would not have been
extravagant, had it been three times as mach. On crass,
ex.minasion he was asked if he knew what the pay of •
Soc.md Cipiain In the Royal Artillery was. Ile did not.
tie was asked if he did not think £.210 or £330 most extrava
gant for a poor elerryman, with a family of ten children,
In nixed over his ilau3hter ocher marriege dresses. Unsaid
he had made Impilrim about the defendailt, and he did not
think it at all extravagant. lie had not written to Mr.
Cleveland t ask whether he admitir ea his daughter's order.
'I he only o' der he hart had from the family before was fr. En
it lady mimed Walton, a married &lighter of the detemtent,
which he had sent to Rotualdkh k it. retry, and Mrs Walton
hurl paid him. Ile had euttral the things ordered to hills
Caveland in his books, avid male oat his bid to her. It
would be thought an lomat If a tradesman wrote to • gentle-
man to ask if he 11011tialed an older gtven by his daughter.
This was the pl Jot Ifs cue.

The defendati.'s cam was that he never heard If the ex-
l•tence of the plaintiff till his 1411 was sent to his rectory.
WA daughter never consulted him about asty item of the
• he gave her no atoll city to pledge his credit, lie
allowed her what he c moldered a very handsome allowance,
• ) • sear Sir her dross, and she had received a legacy
of £174 when she came of age, welch he supposed she
Would take care el lilt some such occ talon tw her marriage
to meet the extra mummies to which Me would be but.
Ile was sorry to say bills Incurred by her in the neigh•
bourhood before her marriage (Cr articles purchased
by her had come In to him to the amount of ClOO, by
which he WAS nearly ruined. Ile had paid then, m far
as he could. Ile had mentioned the plaintiff's bill to his
daughter on her return from her wedding tour, and it had
oe.nsloned a Tory bitter feeling. Ills daughter was el-
titled to a share with his other children in property mane.
lug CM) a year after the delta of himself and wife, but that
property he had been compelled to engulfed° by the ex-
pen... to which he hail been put In getting out three of lila
sons and marring eve of Ive daughters. (ix crots-exatilina-
lien he ailml.ted he Im-1 made no special prat/Man for his
daughter's trousseau. If the bill had Win reasonahic he
should nave paid it for the honour of his family. although he
knew nothing shout it. lle had never seen the thing. Ina
d. ughter had ordered except the dress in which she was
mewled and be told her it Wall a most ridiculous one, and
more lilted for.. dukes daughter than for the daughter of a
country parson. Captain Young. Was.. Second Ceotain In
an Artillery, without private fortune.
His Lord.hip, in summing up, left it to the jury
whether tin re wee any express or implied authority
given by the defendant to his daughter to order these
gnoda. As to exprees authority that was distinctly
de Me I. As to implied ant notify, it would be for the
jury ti Fay, on the whole of the evidence' whether the
defendant hat tacitly 'auctioned his daughter ii.
cu-ring expense for an extraordinary occasion. For
all ordinary occaehms the allowance made to her
disproved her having authority to pledge his
.c wcredit. The defentlaut seemed to have made no
? he
xdprovision o for
ra au
at n
extraordinaryP
capon.'-.
family, and it would ha for the jury to say
whether the defendant, by not giving some te-
preen authority for that expense, had not given an
implied authority to purchase the art:oles mentiored.
But that authority must be conetrued as a resaonable
authority. It would be intolerable if a man with a
family of daughters was to have the expenses of his
household regulated by what his daughters con.
shiered to be due to their position. Each household, r
must be the arbiter of the expenses of his hoasthoid.
If they thought there was an implied authority hie, n
to purchase three thugs, they mutt say to what
amount, and what they thousht reasonable.
The jury retired, and, after an absence of four
houre, returned with a verdict for the plaktiff for the
full einuunt claimed.

Mr. Foster sAced his lordship to stay execution till
the fourth day of Term, whioh was allowed.

A SHOCKING TRAGEDY IN LONDON.
A shocking tragedy has taken pko r in S ho. It
appears that six years ago a Frcnchinan, named
Victor Hasmard I seen Loynoo, took apartments. upon
the second floor of No. 27, Great Polteney-strect, Solio
He was a marrii d man, about thirty years of age, and
re elded with Marie Victoire ',tontine EIIZ
Loy non, who was some foven years his junior. They
lived happily together. His income was £3OO a year,
which he received from a Parisian firm for watching
their interests in Londe n. His wife was entitled to
the possession of some house property which had been
left to her in ['aria. While living in Great Pulteney-
street they had a family of four children, Two
of the: offspring died three months ago, and M.
Loynon felt deeply the loss that he had euctained.
Since that time he has been in a very desponding
state of mind. On Friday afternoon, lit lout week,
he left his halginas for the purpose of purchasing
• French newspaper. Al not three o'clock in the
aft. moon be IN turned to the 1,0114 d with the paper in
his hand. It was then observed that he appeared very
u.O .11 eepresaed. Ile said that he had jwat woe rtainid
that the home of his employers in Paris had been de-
stroys d by the Gelman bombardment, and that his
wife's house property ha 1 also been destroyed. Ho
I thin went up into his room and sat down, and when.
ever he was spoken to he replied in a most melancholy
manner. At hall-past eight o'clock in the evening his
wife proceeded to put her little son, aged three years,
to bed. Just after she had placed the boy upon the
bed, her husband entered the rosin with a double.
barrelled jilsteL She, perceiving that he was excited,
attempted to rush from the room. While she was
doing so he fired at her, and shot her through the left
jaw. The bullet penetrated her brain, seri ahe fill
dead on the floor. The murderer rushed from the
room, and in his hurry he let the piotol fall by the side
at the dead body of his wife. lie then took another
pistol from his side coat pockets He pulled the trigger,
and the bullet went through his heart. He died En.
mediately. Mite Clarke, a young lady of IS, living in
the house, bearing the report of the pistol shot, ran
upstairs, and she se as horrified by diecovering the
corpses of the Frenchman and his wife lying in two
small par is of blood. She called in the police, who
caused the little buy and the baby, aged four months,
to be taken to the workhouse.

On Saturday the grandmother of the unfortunate
children arrived in London, and she applied to the
workhouse authorities, and removed the children from
wider their care. The excitement in the neighbour-
hood was intense, and large crowds congregated on
Sunday in the vicinity of the house where the lament-
able tragedy took place.
The Frenchman WWI a man of middle height and dark
complexion. his wife was fair and gad looking. liir
husband was always very P.-alone of her, and he often
said that if ever misfortune overtook them rhe should
never be love Iby another. On the afternoon i f the
murdir she wail in high spirits, and was playing
merrily with the chik'r.n.

An inquegt was held on the boiler, en Tuesday, when
the e•idence taken left no doubt as to the nature of the
chocking tragedy. A letter, in the hatd writing of the
deceased. 111. Loynon, war found, which, in elf .!ct,
states that he murdered his wife and himself to be
revenged on his mother•in-law, because she would not
give up some property to him. The verdict war,
that Mn. Lovnon bad been wilfully murdered by Ler
husband ; and that, as regarded hia death, he had been
guilty of fdo-dc se.