The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-04-01 00:00:00

BREACHES OF PROMISE.

At the Liverpool Assizes, the cause of " Mscpherson v.
Porte," ha been tried, and was an action for breach of
promise of marriage in a case which was not put forward as
a very romantic one, as the defendant was 76 years old, while
the plalutilf was under 30:—

•
The plaintiff was a Mies Margaret Macpherson, and
the defendant, until lately, carried on the business of
a pawnbreker in Mill-street, Ancoats, Manchester.
Both parties were members of the Scotch Presby-
terian Church in Mill-street, and the plaintiff, was
mistress of the school in connexion with the church, at
a s :lacy of about 1;60 a year. In December last the
defendant began to talk to plaintiff about marriage and
his desire to have a companion in his old age, and
ultimately he proposed to her. She referred him to
her parents, will ratified the engagement, and, on
the strength of defendant's promise, the plaintrff
gave up her situation in the school. In addition to his
verbal aesurance, the defendant drew up is form of
agreement which both he and the plaintiff signed, in
which she bound herself to become his wife. Shortly
after this the defendant's feelings seem to have
undergone a change, as he wrote the following letter
to the plaintiff :
" Wednesday morning.
" Dear Maggle.—llaving risen out of a sick bed to write
you this note, and having seriously and thoughtfully (gone
over this serious question we have been thinking over for
some time, I think it would be better to postpone this solemn
question for a time at least, and Dot to take place for a good
while to come. lam so very frail and feeble that I think,
with all other friends, that it would with me at my time of
life a great Imprudence to get married at my time of life In
the state lam in, and so very poorly as I am in. I ant not
so much as able to be out of my room neither have I been
since I sew you on Monday. Can scarce 4 get across the room,
besides there Is got up such an awful cry out, both through
the whole neighbourhood and also the Copeland-street
I friends, far and near. The minister has been here to-day, any
many when, crying net shame on me in thinking of being
married at my time of life when I am bordering and drawing
so near the grave. I have had an awful time of it since I saw
you with the folks in our house, sod I cannot pacify them.
Whatever I prc pose they wont leave the house ; they wont
like lodgers, and I am sure you would have a weary time to
live with them, for I am sure you would have nothing huts
hell upon earth amongst them. I would be very lorry to
bring any one among them. Among the rest whole coming
to see molt Mr. Oswald, my executor, to see me, and perhaps
he may call upon you. lam also sorry on your father and
mother's account, but, however, as it is I am sorry both on
your account and of my own. Have you given the notice you
were talking of doing? Perhaps you could countermand the
order yet ; however, loan assure you the fault altogether does
not lie with me. I can say no. I have done before. You could
not live here at present, and I would not wish to bring you, for
yell would be miserable Indeed; and for anything else I see at
percent ieee nothing hut strife. Had I been able to go so
far, I would have gone personally, but I cannot say when I
wili is stole to get DU far. You have got two I, tiers of mine :
*end them back, and I will burn them, and I will destroy
mine ale°. Von can't imagine what a trial this has been to
Me, tor I feel that I am fast sinking to the earth, and for me
to get married, and it would he more likely to prepare of
thinking for another world. I know you will feel cut at this
disappointment, but lam sorry for you. [lave you, love,
given the notice you were talking about. I sin sure you will
be vexed at me, and no wonder, but as I have said led to be-
lieve different. Hoping you will forgive me this evil and
wicked deed. I remain, yours truly, ".8.131L. PORTER.
Two o'clock midnight."

On the receipt of this letter plaintiff's father endea-
voured to see the defendant, but was unsuccessful, as
he appeared to have left the town, and remained
absent for some time. The present action was then n-
stituted.
• • •

---------
As neither the plaintiff !irir any witnesses on her behalf
were present on the opening of the cue, her learned
counsel was driven to call the defendant himself
to prove the letters, and much amusement was caused
in court by the appearance of the def endant, who seemed
to be in a very feeble state, and was led into the witness.
box leaning heavily on his walking-stick and the arts' of a
police-otlicer. lie admitted the letters, from which it
appeared that a short time after the promise was given
the defendant wrote to say that he thought he was too
old and feeble to marry, and the engagement had
better b-s broken off. It seemed also from them that
there had been a considerable outcry among the
members of the church at the notion of the marriage,
and the clergyman had used his influence to prevent it.
The plaintiff, however, had given up her situation as
schoolmistress, and so lost her salary of £.l a week,
and refused to give up the match, and this action was
brought.
• - • • • -

The learned Counsel for the defendant made an
amusing speech to the jury, in which he said it was a
pity the defendant could not plead infancy ; and that
the only injury which the plaintiff had suffered was its
being made known that her taste was in favour of such
extraordinarily old men that none of ordinary age would
be tempted to propose to her.
The Jury, after taking into consideration that the
plaintiff had given up a situation worth £6O a-year,
decided on awarding her £2O damages.

" WOOLSEY V. BURRELL."

At the Norwich assizes the cause of "Woolsey v. Burrell'
has also been tried, and was an uction for breach of promise
of marriage.
The plaintiff is a lady of between forty and fifty
years of age, and was, at the time when the courtship
of the defendant commenced, living with her sister,
who keeps a publichonse at Aylsham, in Norfolk.
The defendant WAR brought UP a roole.catcher, but is
now a farmer, having some 150 acres of land in his
occupation, also in the neighbourhood of Ayleharn, and
is upwards of seventy years of age. In the spring of
1809 the defendant, whose wife had been dead some
three months, commenced paying his addresses to the
plaintiff, was accepted by her, and eventually, on the
17th of July, 1870, the banns were published for the
first time by the defendant's orders. On the :filth of
July, however, the defendant directed the clergyman
not to pnblish the banns for the lasttime, and informed
the plaintiff that he should not fultilhii engagement to
marry her.
No witnesses were called on the defendant's behalf,
and the jury assessed the damages at £lOO.