The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1878-03-12 00:00:00

BREACH OF PROHNE CASE.

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! In the Exchequer Division. on Thursday March 7th.
! (Before Sir. Baron Holdlemon and • Special Jury. I
the came of Beep v. Morris was tried. This was an
I action brought by a gentlempo to recover damages
1 from a lady for a breach of promise to marry. The
plain iff set up a written agreement, to the effect tit 4
they arranged to be married, and that if the marriage
! did not take place by 1875 the defendant wag to give
him a third of what she received under the wills of
her parent*, or pay him an annuity of £2O which was
to be payable every year until the marriage took
place.
'rho plaintiff was formerly the woad master at the
Coaster Grammar School. in Lincolnshire, and the
defendant was the deogloter of • a licitor at the same
place In 1857 or 1858 the plaintiff fo. wed the
aoaritaintance .f the defendant, she being then abut
96 years of aze. About the year 1862 the bead
master of the school died, and the pliintiff then "ought
to obtain the appointment, but without success,
owing, it wee alleged, to the opposition of the defen•
dant's father. SIAM that time • oonsidarable amount
of correspondence had pawed between the
The plaintiff'. awe now was that on Denemt:trit,
1872, an agreement was signed by the parties, whereby
the defendant agreed to become the lawful wife of the
plaintiff on or about January 1, 1875, or in default the
defendant promised to pay a third share of the
property or money which might be left to her under
her parents' will. The defendant also agreed to pay
1120 per annum from January 1, 1875. which sum was
to be doubled annually until the defendant should
become the lawful wife of the plaintiff. The defen-
dant had not fulfilled her promise to marry and
although the plaintiff had always been ready and
willing to become the husband of the defendant, yet
the defendant refused to become his wife. The
statement of defence admitted the signing of the
memorandum, bat did not admit the date or centents
of the document, and slimed that the memorandum
was to have become void under certain drew:emanate.
Mr. Benjamin, before the opening speech concluded,
ln2g that it might be possible for an arrangement
to be
oute to between the parties if his lordship
would allow the adjournment of the Cuurt to take
ticze at that time, although rather before the usual
&Iron Huddleston granted the application.
Mr. Dirby Seymour. after the 0-mut had re-aamm-
bled, said on behalf of the plaintiff he had consented
to • verdict for SLOW upon °mutt' terms.
Benjunin, on behalf of the defendant, said hie
client was williog to pay £l.OOO rather than to allow
the letters she had written to be brought before the
public. Certain arrangements had also been made In
referent's to the disposal of the documents in the caae.
A verdict for the plaintiff, with £l,OOO damages, and
judgment waa thea entered.

THE ussurrics OF THE LAW.
The Loodon Echo dress prominent attention to a
Legal grievance under which Doreetthire suitors are
suffering. Sir Henry James and Hr. Cole (says the
Lot.), who so indignantly repudiated charges mad.
against the Bar for acceptinv bust. that they could
not attend to, will be gratified to know how a dis-
tinguished member of their prdeadou has just proved
the fidelity of counsel to clients. The Dorset,,
Quarter Elusions, on the let of January last, referred
an assaminent appeal of the South-Weetern Railway
Company to • banister of distinction, and this geuti.-
amu, being applied to for an appointment, fixed • day
soma weeks thence for the heating of the refereace.
2842 nin.n.gurt(rneeclay_tast). 11 a.m., and the
Vioe-Chano-dlorh at Wminster, were ail.
pointed as day, hoar, and place of hearing. At 11 e. m.
on Tuesday both parties, with their counsel, experts,
and witnesses, wen present, but the clerk of the
learned referee appeared to any that lile minter could
not be present unill noon. At twelve the clerk re.
&Pottered to say that the Were. could not attend
until PHI pan., &..d pun. the loarei.ei vot,esu
did appear, but only to may that be could not e ay,
and, on being prooled for another app dotment, named
some day in April to COM 011100111 the bearing. The
honied referee was engaged in a awe, in which he eves
one of fnr counsel, In suother •owt—a case in which
he did not lead; and it is, therefore, greatly to hi
credit that be ecruptdouely fulfilled his duty to the
°Heat who vent him a brief. We do not care whethw
the brief was accepted Wore., after the appointment
for the reference was made. bemuse the point is that,
when the brief was accepted, it was honourably
attended to. Some people may think that a new
appointment for the reference should have been made
in time, so am to prevent one side incurring an expenses
of £l9O and the other £l5O for the day. such persons
should, however, remember that the Bar is not bound
by ordinary rules, and that a great Istituto should be
allowed to a learned profeseion which the liughlature
has decided shall not be liable for negligence, like
ordinary
tage =or toes of and so who tanks tstbittruf,
incident may ha mewled as a sample at tb• harm-
abbe practice al tie Biz.

Printed and Published at 8, Wok Dorehestar, in the parish of Holy Tally, for taic

FWD". Mani I. WI