The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1870-11-12 00:00:00

BREACHES OF PROMISE.

In the Curt of Exchequer, in London, no Saturday, the
cause cf "Sayby v. Harter "was beard, which was an action
r breach of promise of marriage, in which lodgment was
allowed to go by default, and la the asseannant of damages
before the Undo... Sheriff of Sumas the Jury gave tho plaintiff
a sum of 4,250.
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-
Dr. Kenealey, (IX., now moved for a new trial or to
reduce the damages. The plaintiff was the daughter
of a farmer, and the defendant had been • sailor and a
draper's assistant, but had been placed with the plain-
tiffs father to learn the business of a farmer, paying
for his board, lodging, and instruction El • week. (Jo
the sth Nov. last year he joined some other men in
taking a Guy Fawkes about the country, having
painted his face and assumed a grotesque attire, and
when he returned in the evening he made a pro-
posal of marriage to the girl. The father swore
that on the occasion tha defendant in asking his
oonseut, meal his income was between El5O and •
year, and would, on the death of his grandfather and
uncle, be k5OO ; but the learned counsel observed that
this evidence seemed so absurd, considering the cite
curnetances under which the defendant was alleged to
have made such a representation, that he relied upon
the good sense of the jury disbelieving it, and dal not
i call the defendant to contradict the story. Defendant,
when asked why he broke off the match, hung down
his bead, and raid he liked somebody else better. The
defendant raid, in his affidavit, that all his money,
which was rave steel in mortgage, only yielded £lO3
per annum, and £l2 a year more was all he would
receive on the death of his relatives. The learned
cdinsel also objected to certain irregularities in
the legal proceedings when plaintiff's affidavit was
considered. It appeared that the inquiry was held
in a aniall room; that twenty.tour jurymen
answered to their names, although only twelve were
sworn. The whole number, together with the spec,
tat, Tel, sat together and listened to the case, entering
Into conversation one with another, and changing
notes upon it, and acting in all respects as if they
were trying it. Tne vertLct might formally have been
given by toe twelve, but it was really that of all the
people iu the room, or was arrived at alter consultation
with those who were not empanneled. This irregular
proceeding wan not noticed by the defendant's solicitor
until after the Under• Sheriff began to sum up.
Mr. Baron Pigott ; Whom did you address at the in.
quiry ?--Dr. Kenealey : I think I really spoke to the
whole people. (Laughter.)
Mr. Baron Bramwell was of opinion the damages
were not excessive, and that the irregularity corn-
Plained of should have been observed by defendant's
attorney at the time.
The other judges concurred, and the rule was re-
fused.

esso sae magnum mammal ear Sn eacm
big. The defendant was •
.paymaster in the navy,
and in 166, when the plaintiff was about 17, he
made her acquaintance, and formally offered her mar-
riage; her friende, however, thought plaintiff too
young; but they corresponded as lovers. At
length be was ordered abroad, and many letters passed
between them. In 1868 the young lady received a very
advantageous offer of marriage from another gentle-
man, which her friends were anxious she should ac-
cept, and he wrote to the defendant, stating the
Whole eireumetauces, and he chose to treat her letter
AM absolving him from his promise, and, alluding to
his uncertain prospects, spoke uf the engagement
being at an end. However, the second effer CAl.lln to
nothing, the plaintiff's affections being already to
vouch engagtd. In 1869 ths defendant returned to
England from Halifax ; and having visited the plaintiff
at Mwenams,hi.old feelings were rev ived,and he renewed
' hie offer, which was accepted, and preparation. were
duly made for the wedding ; but ultimately he wrote to
the mother, stating that in consequence of his own
mother'. objections, and hie reluctance to unite himself
to the plaintiff when h. was defieieet in means to keep
her properly, he intended to break if the engagement.
Ile admitted that, he had been heattlsse and cruel, and
deserved her indignation, hut begged forgiveness, lie
auldreesed a letter in a similar strain to the young lady
herself, and the result was the present action. The
learned counsel SAM the defendant had stated to the
plaintiff's brother that he had become acquainted with
a young lady in Halifax who had a c .nsiderable fortune
in her own right, and it was supposed that had some
influence in the hreakimpotf the engagement.
se

Mr. Seymour (for the defendant) haring admitted
that the only ((oration would be the amount of
damage',
Mr. Baron Martin strongly urged the partiee to
come to term..

Mr. Seymour said there wee no foundation whatever
for saying that a young lady at Halifax had anything
to do with the courts the defendant had taken. His
rewiring for not marrying were truly stated in hie two
lettere.

Mr. Baron Martin : If a man gets into a scrape of
this sort he must look at it in the face.
Mr. Seymour maid unfortunately his client joined his
ship last night by order of the Admiralty.
- _ _ . _ _

. , ..
Mr. Baron Martin : He ought t,, have attended to
the young lady firat—the Admiralty was a secondary
matter. (Laughter.)
__ _

,
M. Seymour gave some particulars with regard to
the pecuniary means a the defendant, and sincerely
believed that it wad fer the interest of the plaintiff
herself that the marriage should not take place.

After a brief consultation brtween counsel, a ver-
aict was entered by constnt for the plaintiff—damages
£3OO.