The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-08-14 00:00:00

BREACH of PROMISE.—£2,OOO DAMAGES'

At the Croydon Assizes, laatlay, the cause of
" Morony v. Lee" was heard, which was all action
for breach of promise of marriage. The promise was
not denied nor the breach, and there was no justifi-
cation, so that it was may a question of damages.
Mr. Serjeant Ballstitine and Mr. Philbrick were for
the plaintiff ;Mr. Serjeant Parry and Mr. Beresford

were for the defendant.
The defendant, who is a lieutenant In the 13th Light In-
fantry, made the acquaintance of the young lady at Gibral-
tar, where lie was stationed, and where she was on a visit.
She was of Irish birth and respectable parentase, and, from
the appearance of her sister, who was a witness in the case.
and Into the language of her own letters, she was as the
counsel for the defendant observed a girl of education and
intellect, and of pure and Rood feelings Ile. on the other
hand, was of good birth his uncle heing Mr. Lee-Main-
waling and, as they were both about the same age, be-
tween 26 arid 27, there was everything to encoura.e the
intimacy which arose between them. Ile paid her atten-
thins, which were received with pleasure ; he then paid his
addresses to her, which were accepted. Be was received
among her friends as her acknowledged lover. Their engage-
ment was avowed and understood ? they were constautly
together, and they became apparently much attached to
each other. One or two lades which passed betwe,ri them
at this time were read, which breathed the fondest affection.
The time arrived, however, when her visit came to a close,
and she returned to her family in Ireland. The young officer
accompanied her to the veluel and wrote to her mother a
letter, which was read, and in which be avowed his attach-
ment for her. Now she is gone," he wrote, •• I feel it very
much: I have seen her constantly every day, and have grown
to love her more and more." And he rejoiced that he should
soon visit her at her mother's house. This he accordingly
did In slew weeks, and he paned some six weeks with her
there as her affianced lover. All this time ,as her sister
stated) she became evidently much attached to him,
and it afterwards appeared that she had urged hint
to ,mminlicate the engagement to his pareato, and to
have assumed that he had line so. This. however. he had not
done, and his parents appeared to have been ignorant of the
et.g..genomt. on his return to his father's house she heard
no more from him for some weeks. This naturally caused
her much anxiety, and, after some interval, her mother,
anxious on her account, wrote to an aunt of his, with whom
she seemed to have become acquainted, and she wrote to the
father upon the matter, enclosing the mother's letter, and
this, it appeared, was the first intimation he had of it At
all events, so the defendant stated in his letter, that fluid let-
ter he wrote after leaving her. This he did riot write until
he had received a very touching letter from her. By this
time, as the mother and sister stated, she had become severely
affected in health from the bitterness of wounded feeling.

She wrote thus :
" I had determined upon net writing to you until I heard
from you, but Icm no longer forbear from doing so. I have
rmolved to get up arid strive to do so. I pray God not to
forsake me. I have no earthly father or brother to care for
me. To you I look. As my true earthly protyctor—too
much so for my own peace --1 conlided everything to you ;
you are ever nearest to my heart. Everything now seems
cold and mysterious to me. My heart feels broken. Why
have you not written to me ? If I had not written to you
for seven weeks, would you not have doubted my love?
Bring everythitig home to your own heart. I hope you have •
honourable feelings. You assured nie no one should come
between us. Should you have come to iny mother . house
if such was not your resolution? My mother will now write
everything to your father. flow could I do otherwise than
trust you implicitly? I never felt reserve for you when you
called me your wife. You went to arrange your Intended
marriage and then return to me. No one was to influence
you. %%That do your father and mother know of me? They
never saw me, and, though they might not consent now,
they would consent ultimately when they came to know me.
Let me hear from you. I cannot bear the suspense ;it is
killing me. God forgive you Your own
To this the defendant wrote the following answer—
Sly dearest Annie,—l do not know how I can write, I
am in such a state of mind. My tither received yesterday
your mother's letter. I must tell you first that I had not
told hint anythine about it till he received the letter from
my Runt. I was going to tell him at some time. It was a
very unwise thing writing about it. My father is so cross at
your mamma having written to him. Yesterday he spoke to
me in such a way. It was too much. Ile could not, he
said, cmiceive of toy doing such a thing without having told
bim anything of it. Ile told me that if I persisted In such
a course, he would never give me anything, and that I must
put an end to it ; for he says you cannot wish to starve. So,
iarewell, and whatever may be your earthly fate, in which I
shall always feel a deep interest, may you be happy !"
To this letter the young lady sent a very touching reply, in
these

"I felt as if I could never open your letter. My mother
first read me your father's letter to her. I cannot tell my
surprise at the result of all ley trust in your love. Hail you
met some person, and, knowing nothing about her, been en-
trapped into a clandestine niarriage, there would have been
some cause for jour father's displeasure. But your engage-
ment with tire was not beneath you. You have not been
candid enough with your fall. e. I cannot tell you my sur-
prise when I saw that you had never given hitn a hart door
engagement. Ile cannot know how strong the ties are
between us. You know, when you asked nie to he your wile,
I begged you to tell them. Yon said you preferred seeing
them, and disliked writing; and you told me you were con-
vinced that your father and inether weuld love me when
they knew me. I was so happy in the assurance of your
hive. I told you we should be quite happy upon £3OO a
year, and we agreed that we should hare enough even nub-
out your father raising your allowance, and, besides, my
mother would have given us a house, which would he worth
£l.OOO. You said your father had married upon less. Per-
haps he thought that you were engaged to some foolish, fast
girl. When he knew me I am sure he would not have ob-
jected. I told y. uto tell them about it. I said I should
have studied to please there both; but I see from his letter
that you have told him nothing . . . If your father had
known Inc he could not have written such a letter. We had
been too long engaged to be separated so easily. You have
my heart ae fully as when yen left me. I shall expect an
answer to this. Do not disappoint me. Ever your food and
affectionate "ANNIE."
To this letter, however, there was no answer, and the
young lady had never heard from the defendant again. Her
faintly, indignant at the treatment she had met with, induced
her to bring this action.
Mr. Serjeant hallantine, In opening the case in a very
effective speech, renmrked that the defendant's earlier
letters evinced a sincere attachment for the young lady. Me
had left her, at all events, with assurances of the most de-
voted affection, Red let for some weeks she had scarcely
hard front him 'and it wos impiseettile to doted that, while
the last caresses were as yet warm upon her lips, he had
formed the resolution to abandon her. tier last affecting
letter was left unanswered. From that time to the present
not a word of consolation—not a syllable of excuse or of
regret. Except in the utter recklessness and selfishness of
mune men's nature, is would be imporieible to find any ex-
planation of such conduct. To talk of damages in such a
case might seem like m ckery. No money hi such a cave
could be a compensation. No amount of money could repre-
sent the price at which a virtuous woman would sell her
heart, lie asked not for anything, hideed, at her wish.
Willingly would she have shrunk into obscurity anti wept
away her sorrow in silence, ratl or than come into a court of
justice ; hut it was fluting that the man who had thus in-
jured her, and had sent her away pilling and unhappy to
make her journey through the rest of life, should be made
by a jury to pay so much as should let all the world know
their opinion of him and their otenion ise her.
After formal proof had been given of the facts above stated,
and the mother and sister had been called as witnesses,
Mr. Serjeatit Ballantine again addressed the jury on the
evidence. The suffering, he remarked, might he that of the
young lady, hut the lons was the defeneroit'e. It was evident
front her letters, he said, that she was rigid of pure mind and
good prdieiples, who looked on marriage as a high and holy
thing It was aleo manifest that it was in no way her fault that
the engagement had leen broken off. It was tither fault that
his parents were not made acquainted with the engagement;
but there was no ground whatever for its dissolution. There
was, Indeed, no evidence that they had interfered with it;
and the defendant must hear the odium of breaking it. There
was surely as much disgrace In breaking faith with a woman
as in cheating a man. Have you, gentlemen, daughters? If
so, you can real're what your feelings would bell you saw
them pining and saddened in consequence of heartless con-
duct such as this towards one who could lift up her eyes to
God and say, " I have done no wrong" It meals almost de-
basing to speak of money in such a case; but damages must
be given, and heavy damages. These wrongs must not be
committed on society. Oftl,ers, who are treated like gentle-
men and men of honour, awl get almission into families in
that character, cannot be allowed thus to bring disgrace and
sorrow upon a woman without being taught by juries that
they cannot do such things with impunity.
Mr. Serjeant Parry addressed the jury in a very judicious
speech fur the defences He admitted his client stood de-
fenceless In the action, and the only question was as to the
ameunt of damages. As to this he anti, only disclaimed all
idea of imputation or reflection upon the character of the
young lady, who, he said, evidently possessed a good intel-
lect and • pare heart, and whose feelings and sentiments as