The Express.
London, England, 1863-12-24 00:00:00

ffiatrep at ,Need Prins in Loarloo.—(Before Lord Chief
Jodie* Erie and • Specie Jury.)
=Ma O. COTTISCILL—BRIACII or MONIS' OF MAISKIAGE.
This was as action to recover damages for a breach of
premise to many.
Mr. Iluddleston. Q.C., and Mr. H. James, appeared for
tie plaintiff ; sad Mr. Serjeut Itallentine and Mr. J.
Drawn for the defendant.
Iffr. Huddlestos said that the plaintiff, Miss Frances
Meyer, was • young lady 28 jean of age, the daughter of •
gentleman who carried on business as an importer of foreign
geode in Howesditcla The defendant was of more
mature age—he was 60 you, old ; and having carried on
• lucrative Maness u • merchant, he had retied to live
is Noel-street, Islington. He bad been for some time a
widower; and in July, last year, he became acquainted with
some members of the plaintiff's family whom he had met
at the syeagogne, both parties to the suit being of the
Hebrew persuasion. Mr. Meyer had ten ehildreo, of whom
the pillowf was the eldest. The defendant, having seen the
plaintiff, requested permission to be introduced to her ; and
be became intimate with the plaintiff's family in the course of
August and September. In October his attentions to Mir
Meyer became very marked, and they continued through the
Mettiainble months of ISO. In May, Itki3, the defendant
"eke to the mother of true Meyer on the subject of marry -
wig the young lady, and he mentioned to the mother his posi-
tion in society. He said that he was a widower, and that be
wan possessedof 6001. or 8004 a year derived from property.
He elan said that he would be prepared to settle upon the
plaintiff 5,0001., to be at her own dirpceal. Mn. Meyer
said that she could scarcely make any arrangement
without first having the consent of the young lady
sad of her father. It was therefore desired that
the defendant should see the young lady, make hie proposal,
sad ascertain whether he would be accepted or not. Be
bad an interview with the plaintiff, the accepted him, and
be came out at the room in a state of great exultation, saying I
that he had been accepted, sad from that moment the par-
ties were treated as being affiaaced o each other. The de-
fondant w very eager that the marriage should take plate
almost immediately; indeed, he wasted to be married within
a month after the proposal was made ; but the father sug-
gested that this wo old be too soon, and the sth of August
was fixed for the wedding-day. After the proposal had
been made the defendant took a bowie in Noel-street, 'sling-
toe, and began to furnish it. He visited the plaintiff con-
tinually, presented her with a gold watch and earrings, and
said that he had been looking out for • diamond necklace,
but could not find one that was suffleisailly
expensive. He was also taken down to Rams-
pte, and introduced to the plaintiff's relations
in that town, and everything was done upon the faith that
the marriage was to hike place upon the 3th August. The
defendant became ill, and during that illness he asked most
tenderly after his intended bride, sod said that if anything
should happen to him he had taken precautions that she
should not suffer. Having recovered, the parties went for
a drive in Victoria-park, and on that occasion the defendant
asked her to accompany him to Scarborough, and she said
that she thought that this would not bequito right notilaf tor
they were married. Whether from this cause or not the
defendant soon afterwards told the plaintiff's brother that
he had changed his mind, and he refined to marry the
plaintiff. The plaintiff's mother went to the defendant to
ask him what be meant by this, and the only answer she
got was, "I don't intend to marry her, and you may do
what you like." In coaclusiou, the learned counsel said
that he did not put this cue before the jury as one is
which any great affection or romantic sentiment
was involved ; bat still the fact remained that a lady of
salters age had lost the chance of being settled in life, and
Pees was no doubt that abe was entitled to substantial
damages.
Mr. SOrie•llt BAliketiAll—Will your lordship allow me to
make one observation ! My client is here in court ready at
any moment to marry the ledy ; and, indeed, is most
anxious to do so. I may add that he very deeply deplores
that there should have been any _breads of the engagement.
Mr. Haddleeon—l wish he had said so before the matter
got into the hawk of counsel ; but it is clear that the offer
is now but as excites for evading damages.
Mr. Serissat BsUantine—l repeat, the defendant will
marry the *tiff.
The Late Chief Justice—There may be something in that
if you will pay 5,0001. into court upon the condition that it
it to be paid to plaintiff if she is not married in • month.
Mr. Sert Ballantioe—l will.
Mr. liMasiston—Will you settle 5,000/. upon her
Mr. Serpent Belantize—Ali, that is another thing. The
outlines of the defendant has been somewhat exaggerated,
bet 1 will take care that a sum of money which is amply
solicited to bind the decedent to perform his contract ts
pie into court. My cheat is reedy to enter into a oovenant
to mike mach a settlant upon the lady as his means will
Ow.

The Lord Chief Justice—To make such a settlement as
some emptiest person will say is reasonable.
Mr. linddlestoe—How can I enter into this arrangement
after the way in which the defendant baa treated this young i
lady' My friend has never mentioned this proposal tome,
and it is now only made for • purpose.
The evidence was then mean,
Mr. Me er—l am the plaintiff's father. lam a Binning. ,1
ham and warehoommaa, and an importer of foreign
goods. In July, 1862, f maw the defendant at our place cif ;
worship, and he spoke to me, sod said he was an indepea-
dent gentleman, was very lonely, and bad been living foe
eight years Mired. Larked him to call at my home is
messimmieme of his situation. I had known him two or
three months before I asked him to call. In September or
October he first called at my home, and continued to call
from that time until May. 186.3. Is May my wife commit-
skated with me ea to • cameral:km she had had with the ,
defendant, and when be called on the following day I
told him that my wife bad spoken to me respecting
his proposition. I said, of course it was my
duty es a parent to see to the interests of my daughter ,•
sad I remarked that there was a disparity of age. He said
with emphasis that be we. aware of that ; bat that pre.
Timely to saying what he would do for the plaintiff he
wished to see her privately. I said, "My daughter is in the
drawing roam, and yen an go in there." He did so, and
whea lie one oat amain he and he was perfectly satisfied
end happy. He said "The proposal I make is to settle
LOOK mon her to be at her disposal, and if she survives
ohs will have the whaled my property, if we have no
" He said he made this reserve because he was
strong seed hearty and expected to have a family. As to his
Moan* he referred me to Mame. Samuel and MaCtivoq
who received his dividends. I aimed inquiries to be made,
sad wen perfectly Mafia The defeorant mid, " I sa
the happiest man is the world." He wanted to be
married within a fortnight or three weeks, but we
'biotite& to that, nod the sth of August was fixed for the
wedding. This date wudiatent five or six weeks. We proposed
the sth of August, and he reluctantly accepted it. He
warded to be married much earlier. I went with the de-
feadsat to Dr. Adler, the chief rabbi, and procured from him
this Hebrew document. It contains the names of the par
the, and fixes the day for the marriage. The defendant
spoke te Dr. Adler, and said, "Am I not right, doctor, in
getting married ?" AM the doctor said, "Certainly, by
all reeme." After this I made preparations for the mar.
rage, and expended meetly 1001. in doing so. The defendant
presented my daughter with two silk dresses, a gold watch
and chain, acid a gold bracelet. He said, •• These are only
far common wear ; and I have been looking out for a da-
mmed necklace : bat I have seen nothing to my fancy,
and I will look out for a better." He said he
would get one. On the Nth June the defendant moved to
• larger bones in Noelatreet, Islington. About that time
my wife made • statement to me about furniture, aid I
west to the defendant's house with my me. I saw the
bedroom, and it was certainly not sufficiently furnished,
accorchog to English notions. I spoke to the defendant about
some extra furniture which he had promised to get. He said
that he sees • German, sad that his house had always been
furnished in the German style. I said he had promised tome
the things, and that I was sorry to see that my daughter
had so little influence with him. He asked me to look at
the bedroom, sod I said, " Where is the wardrobe where
say daughter can put her clothes?' There was no washing.
stead in the room. He said that be would see my daughter
end wife, and make it all right with them. This took place
en the 9th July. The defendant said that be had 6001. or
TOW. • year, sad that his property consisted of railway
shares and homes in Berlin.
Cross-examined—My daughter has made no other engage-
ment. She is entirely free now. I did not on the nth July
find fault with all the furniture. Ido not think that there
was anything I praised. I think the defendant's wife had
been dead ouiy a few weeks when I made his acquaintance.
When I alluded to my daughter haring little inflames with
the defendant, I did not say that I could see clearly that
they would not be happy together. I never mid it bad
better be broke. off. My daughter had no !Mar from the
defendant.
ite-exeinieed—f never beard of any renewed offer by the
defendant to marry my daughter tared this morning. In
the defendant's bedroom there wise small bedstead end two
or three chairs, and there might have Imo some few other
articles. After the defendant's engagement he generally
called every day to seem) daughter.
Mrs. Harsh Meyer, the mother of the plaintiff, said—
The defendant asked me at various times how it was my
daughter WY not married, she being such a very nice young
lady. I said, " Being se educated young lady she requires
what I rimiest give —• fortune sufficiently large to put her
in the situation I wished her to be in." He asked me
this a great many times. He afterwards asked if she had
any objection to • German, and I said, " Certainly not,
for my family are German." My daughter speaks
German. He afterwards asked if I had any objection to
hi recommending a " partia." I said, "Certainly not."
Two or three days afterwards he asked if I should hme any
objection to himself. I was rather 'myriad and did not
answer. He told see that his income was 600/. or 700/. •
year ; that be would make a kid and affectionate husband,
and that my daughter should have everything that • lady
meld desire. He said be would settle upon her 5,000/, for
her ewe um and diaposal. and that if be had no children be
wield leave her the whole of his property. with the exam.
lien el a legacy to his sister. Afterwards I saw the deleted.
ant sad asked him if it was true what my ion had told me,
Met he refuted to fulfil his migagement. He said. " Yee."
Imbed/or the reason, and be got out of temper, and said he
seder set he troubled and would give no answer. He said
we might p to law or do what we liked, for be would not
fen ha mangement.
CIMOB•01111MBOLI- From 'equities of Messrs. Samuel and
ihwisee we found that the defendant had to their