The Express.
London, England, 1855-08-13 00:00:00

ASSIZE IN7ELLIGIINCIL

WESTERN CIRCUIT.-11MsToL, AuGUST 11.
mesa ma. MOMS voiatens *MD • PPECIAL 113.17.
=SS a= v. JeseLl3l.-7enaCit OP rat:untie Or
MAISIAGI.
Mr. Meatless Smith, Q.C., Kr. Collier, Q.C., and Mr.
Cols, were for the platatiff ; Mr. elerjeant Kinglike and
Mr. Kerslake for the defence.
Mr. Cole ensued the pleadings. John Holder was the
plaintiff, end Agnes Jolene the defendant. The declara-
tion alleged that defendant had agreed to be married to the'
plaintiff, that • ensemble time had elapsed, that the
plaintiff was ready and willing to marry, and that the
defendant had neglected to marry. The defendant pleaded,
first, that she did not agree as alleged ; second, that the
plaintiff afterwards had absolved her from her promise.
Mr. M. Smith, in stating the case, said he had the honour
to appear for the plaintiff, Mr. John Holder, who bad
formerly been a captain in the 12th Regiment of the line,
bet was now a captaia of the bth Lancashire Militia, and
was encamped with his regiment at Aldersbott. The action
was brought to recover compensation for • breach of pro-
mise of marriage. The gentleman was a member of a good
Gloucestershire family, and was 32 years of age. The de-
fendant, Miss Agnes Josalin, was a young lady who had
resided with her father, and subsequently to his death
with come other members of her family, at Clifton.
She was a young lady of about twenty flee years
of age, of considerable personal attractions, of good
family, and of a fortune of many thousand pounds
He (Mr. Smith) believed that the jury, when they
were possessed of all the circumstances of the case,
would agree with him that Captain Holder had been very
cruelly treated, and that he was quite justified in bringing
the present action. By the laws of England marriage con-
tracts were as Wading as other contracts; indeed, Acing the
meet solemn that could be made, they ought not to be
broken with impunity. There was no doubt that actions
like the present were more commonly brought by the lady
against the gentleman, but there was no reason why a
gentleman, when his feelings had been trifled with, and
his happiness assailed, by caprice or otherwise, might not
appeal to a jury of his country. The families of the parties
bed been acquainted for some time, and Miss Joeslin used
to visit, among other persons, Mrs. Holder, the mother of
the plaintiff, at Bath. The result of frequent interviews
was that their friendship ripened to affection, and an O'er
of marriage was made and accepted. It was no sudden
engagement. Miss Pasha had conceived that Capt. Holder
bad formed an attachment for her. and she had not regarded
hint with indifference. Captain Holder wrote to the defen-
dant informing her that for the last three years he had loved
her and offering her marriage ; and she replied, telling him
that she yielded to his suit and accepted his precious
ring as a token of their engagement, which she hoped might
prove the commencement of a happy life for them both.
The engagement between them being thus formed, it was
announced to all their friends. The lady bad a number
of friends at home and abroad, and they all approved of
her choice. Captain Holder eso communicated his happi-
ness to his friends and brother officer., and :hey were
everywhere received as being affianes dto each other. He
(Mr. Smith) would now read to the jury a number of let-
ters from the lady, in order to show that down to the very
time of the rupture she always addressed Captain Holder in
terms of endearment and affection. The learned counsel
then read a number of lettere, moat of which contained one
or more passages denoting the engtgeneent between
them. In the first she called him "My dearest John,"
said she was told that she must wait for her %unities
for twelve months after her father's death, and added, "It
Is a lone time to wait, but I suppose I must do so.'' In the
nee she stated that she was receiving a great number et
congratulatory letters from all her friends, who appeared so
glad that she was going to get married. In • third she ad-
dressed him as "My dearest Jack," and signed herself
"Your much-loving Agnes." In another 'he signed herself
" Your ooly attached pet, Agnes Josslin ;" in moths* eh@
announced that she was getting her things ready for sae-
rigs ; in another, she expressed a tope that he would
get " another nice bridesman in the room of the
one that is going to be * d." In an-
ther she acknowledged the receipt of his por-
trait, stating that she did not like it, as it made him look
cross, and as it showed his handkerchief out of his
pocket. She finished that letter thus—" With dear love, and
thousands of kisses, your ever attached pet, Agnes Josslin."
In other letters she spoke of ordering the wedding cards,
and desired him to reckon how malty friends he would have
to send to. In further letters she spoke of a young lady
having promised her for the wedding some real orange
blossoms, which in England were so difficult to get, and
told him that her brother would be very happy to be trustee
to the settlement. The wedding was fined for the 12. h of
July, the license was obtained, and the preparations made,
and down to Monday, the 20th of June, she wrote to him
in that endearing strain, and addressing him, in her
last letter as "My dearest Jack," and signing herself,
"Your own loving pet, Agues Jo din." She was at that time
staying with a lady at Ittnent's-park, London. but
it had been arranged that, on the Thursday, Capt Holder
should meet her in order to take her to his mother's at
Bath. On the Thursday, as arranged, Capt. Holder penensed
himself. The lady was in another room with her brother,
end it would appear that, without any interview with him,
or without offering him any explanation, she went with her
brother to Liverpool, and addressed to hint the folkwing
letter :
"Dear Sir,—l scarcely know bow to communicate what
I feel is due from my apparently inconsistent conduct to-
wards you, and which is making me feel more, much more,
grief, than any poor words of mine can 'minis. Your
honourable proposal was made to me at a time when suffer-
ing the
I had been parted—the loss of home, and of those to
whom only I had looked up for advice and guid-
ance. I knew not my owe feelings, and, indeed,
scarcely knew what 1 did at all. That feeling of
abaadonment, which can be understood only by those who
have themselves been bereft of thole most dear to them,
was sueb, that I clung to any means whereby I could gun
• home, an important blessing only known to then who
have suddenly beets bereft of ono al dear to them as mine.
I therefore accepted your offer, but since I found it was
from gratitude, and not from love, I feel for you, but with
such feelings I should not be acting right in uniting myself
to one whom I feel I could not love as a husband. My dear
brother has, I trust, in his letter, explained my feelings, as
I find myself unequal to do so, being sadly out of spirits.
—Believe me truly, " AGNES Jossntw."
The jury would see that by that letter Miss Joann
paralysed all Captain Holder's hopes, by telling him that
be had been deluded, and that she had never telt for him
any real love at all Ts.. learned counsel then read a letter
received by the plaintiff at the same time from Miss Jellaba's
eldest brother. It was • very lengthy document, but stated
is substance that perceiving very little love on the part of
his sister, he felt it his duty as her natural guardian to
question her about the important step she was abut to take,
and finding that she was not influenced by those feelings
of love which a woman should possess for the man she was
about to make her husband, he could not in honor allow
bee to net a lie at the altar and deceive Captain Holder
The learned counsel went on state that Miss Josslin subse-
quently assigned in a letter to Mr. Holder's mother a some-
what different reason for the rupture, saying, "No doubt
you think my behaviour to your son strange and unaccount
able, and in consmuniestion to you my reason for saints
towards him as I have done, I do so with the deepest grief,
more than any men words of mine as express. Since our mu
teal intercourse I have been much displeased with your son's
conversation on zany points, ani assay of my friends have
been equally so. The opinions he has advanced were not
consistent with those high principles and gentlemanly feel-
ings which I believed hint to possess when I accepted his
suit." In that letter for the first time Miss Joulia assigned
for the rupture other cause than her own want of affection,
and suggested that she had heard or seen something un
favourable to hie character or c snduct. Tbe learned gentle-
man went on to say that the letter caused the plaintiff and
his mother the greatest pain; and, after reading anus ether
letters written to Captain Holder by a friend of the defend-
ant, and at her request, in which the want of affection
was assigned as the cause, and the defendant's conduct ad-
mitted to be indefensible, be aim read • letter (rem the
plaintiff to defendant, showing his distressed state of mind,
and the effect which her conduct bad hod upon him; and,
after arguing in justification of the plaintiff's appeal to a
jury, he asked them to give hint, not excessive damages, but
such as would mark their sense of the defendant's conduct,
`and relieve Ms character from any imputation.
Witnesses were then called, who spoke to the engagement
es a *kg well known. The letters and wedding linen
win ens pat in.
Mr. Serpent Kinglike then rose to 'debug the jury for
Om defence. He said he could not help thinking that they
wen all of them in a very anomalous position. He believed
liteka/ht say that it was the first time that his learned
bad ever appeared in court as the advocate of • gentle-
MU plaintiff in a suit for breach of promise of marriage,
sod it certainly was the first time that he had ever appeared
k such a suit to defend a lady. As a matter of legal right,
he did not dispute the plaintiff's right to appear there, but
es • matter of prudence, propriety, and manly feeling, it
weed have been better for himself and hatter for
ran Lily, for their friends and coenexions, and all
were and with him, if he bad not appeared there.
He hag NIA through the whole of the correspondence, end
dug NW take his word for it that a more uninteresting
OM
11111ellentie series of letters he had never met with. It
Mona to go by a son of regularly ascending scale : "My
Rear felts," " My dearest John," " hie dear Jack," " My
oweeet Jaek ;" and then it was " your fondly attached,"
"illellest, year only mit," " lots of kisses," " thousands of
=" dEI en. He could assure the jury that they
and
find an atom of love in any of them except in the
=IPMA 'rulings. (Laughter.) The learned
lian mended to review the facts of the
ewe entissasi that the promise was a hasty one,
se, boa it been fulfilled, only thirteen weeks would
have elapsed between the proposal and the marriage.
The phdatiff had nothing to lament, compared with
what be would have had to deplore had he married a
' wawa who did not love him, and wets he • man
of right feeling he would thank the brother to
the Gni et his days. The learned counsel read a
eorrespepakees, in which Miss Jeeslin's attorney
offered to Mans his gimbals. rings, and ether imw
eggs.
to her during the courtship, while the
silsitor constantly referred to the WA"
bk emilir, as Whales his charter cad re. aisimusisi
ehei eatiVenthik Esplanade' was at !kik ellend.
Wed ken emu a letter an le eettleasest, whisk the

'counsel sad and commented en. It was dated Await 7,'
and wee, " We have seen our client today, and from what
he states we think that his expenses in reference to the
engagement with Mies Jonlin cannot be less than 400/. Ife
has a difficulty In giving a detailed amount. He informs
us that the presents which he has given Miss Joann were
very expensive. There is also the license, this cards, &c.,
and various expenses knurled in Bath in contemplation of
the marriage, travelling and other expenses to and from
London, Liverpool, &e. extending over six months." The
jury would see that he sought to recover every railway
fare, and he supposed to aU that he had at* sad drank,
every bottle of wins he had taken, and then came the most
extraordinary pert of all, " presents presented to the ex•
pedant bride and bridemaids and various other ankh'
purchased in anticipation of immediate marriage, all of
which are new useless to him. However, to end the matter,
and for the sake of pesos we have advised our client to take
3501., as he has no wish to snake any profit of Miss Inertia."
There it was, he whiahed the lady to pay fur everything.
One would have thought that the letter might have ended
there—but as; there was this pleasing addendum, "Of
course, if these termer* accepted, all our client's coats must
be paid." The 1 d serpent again went on to argue
that the action was one which ought never to have been
brought, and to leave the jury to judge of all the dream.
stances. _ . _ . .

-----
The letters having been put in,
Mr. Smith replied, calling on the jury to declare by their
verdict that in their opinion the plaintiff had sustained sub-
stantial injury.
The learned Judge, in summing up, said there was no
question that the breach had been proved, end the only
question for the jury would be the amount of damages.
They would be at liberty to take Into account his feelings,
but then they must remember that those would be different
in different individuals. Some had feeling so obtuse that they
wen insensible to any generous or honourable consideration,
while others had Melina so delicate and sensitive that no loss
of worldly wealth, no extent of bodily pain, could at all
equal in intensity the wounds which those feelings might
endure—men who would not for any number of pounds,
shillings, or farthings which a jury might award them, nor
even to recover the costs of their wooing, drag into court the
tender letters of those they loved to make them the subjects
of ridicule and laughter, and, by sending them through the
press, to make them the subjects of gossip for the idle.
The jury, after a few minutes' deliberation, returned a
verdict for the plaintiff—Damages 3001.
His lordship certified for a special jury.