The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-08-28 00:00:00

BREACH OF PROMISE OF MARRIAGE.

An action was tried at the Liverpool assizes on Mon-
day. before Mr. Justice Hannen, for breach of promise
of The case was " Barry v. Tod." The
',Pt!, a young lady twenty-six years of age, whose
r was resident in Newcastle, in Ireland, and the
janta Mr. Tod, who had been in businese in
,ierpool as a brushmaker. The latter was very con.
siderably older, it appeared, than the plaintiff, being
about. 5(1, and having been ninths d before. It appeared
that a.ister of the plaintiff was married to a Mr. Hyland,
who had been a partner in business of the defendant until
She latter retired in consequence of his wife's death, and
In April of IStiB th-i plaintiff came over to stay with her
sister and brother in-law at Liverpool, and there made
the acquaintance of the defendant. It appeared that
the wile ot the defendant had then only recently died,
and be had made Mrs. Hyland a good deal of a confi-
dante in the trouble resulting from that event. An
excursion was planned to the Isle of Man, which the
defendant agreed to join, and, after staying there some
time, the pirties returned to Liverpool, and the
engsgement was Pinned. The young lady returned to
Ireland, and a correAponilence woe o,.nlinenced, of
which the following was the first letter read :
Liverpool, Aug. I, ISM.
"Mi own dearest Macias—Your long.looked-for letter
same duly to hand and was very welcome. I thought you
had begotten me, hut I suppose you were paying Ste iii my
own cis., as you took as long as I did to write. You shall
not have the sante excuse this tune. Dear Marian, I have
taken a contract ticket tor three months to Slarthull, tio you
May be sure there will be 110 bell-mn lea cigars for that
gg Will anti I always have a walk at night and finish
them, but I suppose I than lose Will's company next went,
and then have no one to talk to. I wish my
Marian was here, we should so enjoy ourselves. There
are some very Mee walks, but I shall be very lonely.
Dear Marlin, I have been looking out for a house to pur-
chase model you rattier live is town or countly I
sun ist think I would gibe the preference to comiti y, but the
next three months will give me a chance to determine. Dear
11.,riail, it seems almost an age since I had th it sweet kiss at
parting. I *hould so like to have another, and think ivory
month the longe,t ever was. Merrick hue teen from home
ill Olt a esti, to that there has been no gowip this week; but
we nik emloct double next, as he semi quite whined hole
light. Ile is fur once, aid 10/nll very glad of it. how do )oil
fed on tie sio ject ? wine toe a 1. rig letter soon, and you
shall hsbe an e alv answer from }oars sincerely and affec
Wealth , .1/alga Taw."

.I;,nrriage.

_
plaiul
fath,l

The next letter whieh was real was also from the
dtfeudsnt, amd was as follows :
Liverpool, Sept. 5,
"My own dearest Marian —You will, no doubt, think I sin
forgetting you, bat that is hot so, but we have been in
stun a alive that I could neither write nor do anything.
Dear Marian, we nave got settled with the insurance com•
pany, and Iv.. are getting oil tire-rate with the repairs of the
building. I find you would not like to go Tar in the Country.
perhaps it aow d he as well if we c..uld thni a Place iit town
or within a short nistance. I was at Will's on Sunday, and
had • conversatlon It Mrs. 11. Stout cuing over to see
you, and the little church on the hill where somebody would
like to be matried I cannot soy at present when I could
come, as it will take us some time to get straight, and I
should like WO to come wits me"
- • - •

--
Then, after bpeaking of Harrogate, the letter pro-
ceeded :
- • • •- • • • -- -

"heir Marian, we must go there; it is the nicest place
have ever been to. Dear pet. write soon and tell me now
you are getting on. I hear you are loosing very well. I
should like to hive the lady at Maghull you think would make
• geed companion. and make the long nights cheerful. With
best love and many kisses to my own Marian, I am ye sirs sin-
Celely, "JAMEA Tull."
It appeared that this letter was answered by one of
the plaintiff's in which she represented that it was not
quite ciinvenient to receive her lover at tine house in
Ireland then, and suggested some delay, and her
learned counsel stated that as the real reawin for the
letter. The letter itself wan not forthcoturni, how-
ever. as it hail leen destroyed under circumstancee to
be related, and the defendant seemed to have taken a dif-
ferent view of ita object and tenonr, for he trek violent
offeniie at it and rupees-ed hilt self most strongly In sub-
orquent let, ere of hie an. wltitat were, hummer, also de-
stroyed. Towards Christmas the plaintiff came over
again on a sec Ond visit to the Hylands, and, according to
her case, a complete iectmcidstion Watt then elf, card,
aid every thing that had ed in the past was for-
gotten and Condoned. Then it was that all the objec-
tionable letters which bail passed between them were
colleided together and put into the fire by the conaent
of Leith. The defendant after that canoe to the Hy-
,lands and voided the plaintiff frequently, and took her
about, and fildgebill I hurch was tine church fixed upon
for the marriage. He a;so spoke of his means, anti
sail he w. worth i7OO a year, independent of Li-
busineas, ilowing receipts for the purchases td
eighteen awes in Liver pal, arid he promised to Settle
£3l 0 a year inn her. Neverthele., towards the end of
January or beginning of February he determined to
break olf the match altogether, and this called forth
the following letter from Mies Barry :
Liverpool. Feb 23, 1161.
Dear Mr. Tod,—You must excuse me wrnioa to you I
sin an miserable I cannot live. Are you trying how much I
can InonMe ntyself to you, or is my sin no great that you can-
not Vr-ive me If pat ever loved me forgive me, and if
ever 1.10 ansthing to displease you again I shall never
ask to be forgiven. Dear Mr T•td, f am almost bruken-
heloted. I have fretted so much that I have made nOaelf
guns ill. I know }on are Rota' and will forgive me. Ilave
I not pleaded ins it were for life, and life is not dearer to me
than yes? I never knew how much I hoed you until now.
tell it e what )uu wish me to do and L Ansa do it at any
sacritica I at" yours, and I shall never have another. If
pat receive this to-day write me or come across, hut I would
prefer seeing you. I shall not inc at home to-morrow even-
ing, as I ant going to Mr. Hollershead's. If you do not re-
c-ive this to-day, do, dear Mr. Tod, write me to-morrow
zuoruh.g, for loon in perfect agony, and believe me, dear Mr.
Tod, your ever faithful and affectionate
To that letter the defendant sent the following reply
and the lear. ed counsel while reaming it said that the
defendant might as well have stated, while urging the
other excuses, that he was then courting another
woman :

" Liverpool, Feb 23.
"Dear Miss Berry,—l am indeed son-y to hear you are
suffering Sr much, out I emnot allow iny.elf to be considered
the cause of it I WA& true to you, and faith oily kept every
pond, until I recmved year letter in rep:y [online, wherein
I staled my intention tif coming over and making final ar-
mmemettis Your reply was that It was time ermugh for
11.0 to come over fir some time. I could not understand you,
ind wrote fir all txplanat.on. Will you coldly replied th..t
you had none to give I have entleavoured to reconcile
myself to your statement since you came to Liverpm..l
—that your si.ter was the canes; but surely if your love
for are was so great as you now tell me. nothing on earth
could have Influenced you to such a letter. That It was
deliberately none is plain from the fact that you changed
your mode of addressing me, also your superscription. I
showed Mr. and Mro. Hyland your letters, and they both
bald it was shameful and unaccountable. I determined not
to write again, and have never written since, but it appears
alter some correspondence between you and Mra Hyland
Mr. Hyland told me that you would e..me over If I would
write. I datinctly and emphatic illy told him I would not.
P.m what Mrs. Hyland said the other Sunday she wrote
you to say I would write, but without hearing from me you
noose Over. Surely I cannot be blamed for your coming.
You have broken the link in the chain, and I fear, if re-
paired, it would not stand. My ollect is to have a wife
whom I only coidd influence—a MOLD All with a mind oilier
0.11, who could not be changed by sisters 00 one side or the
other. Coder the circumstance. it will be better for us to
endeavour to forget each other. —Yours, "JAMES TOD.
I enclose your caries and the shop. s you kindly made for
Me, wading the re us n of niy letters, 4.."
This b-tter was answered by the plaintiff on the same
day, thus :

"Liverpool, Feb. 1.5.
"Dear 14r. Toil.—l have just received your parcel, and al
regards your letters aid presents I retain all except a brooch
and bracelet, which, no doubt, are dear to you The other
pre-ents I shall break before you, as they shall never be in
the possession of atugher alter ine. The ring you can take
the half of, and I will keep the other in retoembrance of the
past. The chaiu was weak on your part and very easily
broken. You repaired it awl broke it lig tin without a cause.
I). you thhot you have acted the pert of a gentlemau,
which I believed you t, he I have acted as an honourable
aid true woman, which you are not worthy of. Ido not
hesitate to say that y, u shall yet be sorry for the Injury you
have dime to me, ano I can let you see letters of yours where
y. n subscribed yourself lathe same manner, and I took no
&nee Such a trine I did not consider worth nip notice,
lut when a person wands an excuse it is very easy to kid
the. At all events, I have quite sufficient to prove I have
been made • fool of. I am sorry to say you have acted a
most thshonottrable part, and dialionour stains your name
for ever. mr MARIAN Banta."
The defendant's answer to this was as follows :
" Alter due consideration of your letter of the 25th tilt ,
I feel justified in deniariling all presents since we were en-
gaged to he retained unbroken, not on account of their
value, Tint in c .nsequeoce of your havlog made a fool of
me. I have ho doutit that the insultihg letters I received
from you were wiitten at the time Mrs. Hyland says you
had en rifler of marriage from a YoUnit man hr P".d P"""'"'
which, perhaps you would have accepted, had you not re-
ceived lettei• from Mrs. Ilraild remonstrating with you
med your, corieuct towards nie lam disposed to think he
hunt have had some. ericouragement before he con d have
coi Vence to make the proposal, or perhaps it Is one
those thiogs whlch ho man call unr!erstatdr Under the clr-
cumstauces I cahoot see upon what grounds yin are jostified
lii fletaiondt or breaking any of my presents. Your reniarks
sato my rut neilor a gentleman I can afford you to indulge
in I car, however, Oahu the title of • man, and an h ((((( air.
able one, roil challenge you, or any one, to prove a die-
himooraine act in my life. Ml&lTon
"To Miss 11 Bally "
The plaintiff, who Was put into the witness-box to
support her oan cake, eat examined Will • good deal
croweexamitied as to the oiler id marriage alleged in
thid lat,r to have been made her about the time of
the postponement of the nilai.em visit to Ir lam.
"lie was a good-lioling "dog lonly, wh'.'
several complinientri on that suoret froui the rierenia-
arts conriiel, and eke Bahl it was true that she had
received an offer from a young gentleman while stay-
ing with some friends some few weeks before the defend-
ant's provosed visit, but that she had refused it. She
had only known him a week when he proposed, but
the learned counael said he wiss not surprised to hear
be WA made kir as oder me fa se abort time am