The Express.
London, England, 1861-01-15 00:00:00

COURT OF EXCHEQUI6B...-JAN. 14.

Sitting* at Nisi Prim, at Woatminater.—(Before Mr. Baron
Martin and Common Juries.)
TRICKER r. VAN 1101AST.-BREACH Or PROMS&

This was an action for breach of promise. The defendant
pleaded that the plaintiff was not willing and ready to
marry him ; that a reasonable time had not elapsed ;
that the defendant had not refused to marry the plaintiff,
as alleged.
Mr. Edwin James, 4.C., and Mr. Butler Rigby were
counsel for the plaintiff ; Mr. Huddleston, 14. C., and Mr.
Powell were counsel for the defendant.

Mr. Edwin James, in Mating the cue to the jury, said the
plaintiff was II young lady 21 years of age, and the &feu-
dant wax about 28. The plaintiff's parents, who at
one time resided in Easer, were dead, and she
resided with her brother.in-law, • gentleman named
Staines, in Marylebone. The defendant was a gentleman
well known in the musical world, both in London and Wor-
cester, and the brother-in•law and defendant's father, who
lived also in Marylebone, were on intimate terms. The
defendant was introduced to the plaintiff, a young lady of
considerable personal attractions, in January, 1860 and be
became enamoured of her. He made proposals to the young
lady, and also to the brother-in.law, and in consequence of
his representation; and that his income was 5001. a year
clear, he was accepted. The defendant suggested that the
marriage should take place in about six weas or two months
from that time, but the lady and her brother-in-law objected,
and July was fixed instead. It was understood the marriage
would take place in that month, and provision was made
for it. The defendant, in January, left for Worcester,
and the parties corresponded on affectionate terms,
the plaintiff considering herself the defendant's affianced
bride. A number of letters passed between them, to some
of which he (the learned counsel) would call their attention.
The first was as follows :

"le, High-street, Worcester, Feb. 5, 1860.
"My own dearest hinny, - 1 devote to you the first
leisure moment I have had since my return to my native
hearth-atones-(laughter),-and I feel assured your kind
consideration will acquit me of anything approaching negli-
gence in delaying till now to write, when you remember
the extra day I remained in town, and the consequent
harms of compressing three days into two. I shall not
attempt to express the sorrow I felt at leaving you at
Emmen equare on Thursday. Hy only consolation was that
the separation would only be temporary, and that
you remained with those who would watch and
guard over you sad protect you. I disliked exces-
sively, in the frame of mind I was then in, being invited to
join the party of Miss Jay's girls. I would infinitely have
preferred being alone to my own thoughts, which being
about you, how much more agreeable would it have been.
However, I had at pleasant a ride as under the circum-
stances 'could have expected. I hope you remained the day
with my mother, and consoled her for the loss of her der-
ling-(6ughter)---or at least remained with her till father's
return. I suppose you are aware we hauled each other en
route-our respective trains staying simultaneously at
station. I did not reach home till near upon ten,
having as you know to make arrangements with a new
school, which, however, does not promise overwhelmingly
brilliant: however, I must make the best of it., and not the
worst. lam fondly anticipating the pleasure of seeing you
down here at Easter, with Mrs. Staines sod my mother.
Give my love to your sister, and ask her to make arrange-
ments for aosompanying you. I hope friend Rump
is recovering his temper now I am away. He has,
I think, been lately suffering fmm the lose of it. Do
not ask hint to accompany you down here, however much 1
admire him. 1 hope, my dear pet, you take care of your-
self, awl avoid all drafts. Recollect there is
another now bound up with your existence, for
I should not survive you. (laughter.) Excuse a very
hasty letter, hut, as you may imagine, I have a
great deal to do; and now although Sunday, 1 have
got some friends dropped In who torment me sadly with
their convereatioo, and form me very reluctantly to con.
elude.-Receive the assurance of my unalterable love and
affection, and believe me, dear Fanny, ever yours,
" M. V. H.
" Give my kindest remembrances to all friends."
The next letter was dated Feb. 12 :

"My dearest Fanny,—l was so exceedingly annoyed last
Sunday to be interrupted by visitors while engasma in the
pleasant ta.k of writing to you ; but the motto of an Eng-
lishman's house being his with does not, I believe, apply to
bachelors, ea one of the penalties of their position is, being
at all times supposed to be open to visits, and to-day I have
bad my room full, and while I now write am almost distracted
by the incessant conversation around. Your letter gave 010
more pleasure than Ima express, although I am not dis-
posed to forego the anticipated happiness of wing von and
Clarry here at Ender. I hope she will reconsider her deem-
000,O00, and favour me with her presence. I have been so
very much engaged that until yesterday I bed no time to
Ea ring to send you as a pledge of my love. I shall send it
Ea
to-morrow, so that you will receive it as a valdn-
ea Tuesday. Write to me on that day to let me know
if you receive it safely. Accept that ring, dearest Fanny,
as an emblem of love for you without end. Should
you, however, not like it, pray do not hesi-
tate to let me know, as I will otherwise
change. It in return, my dear, do send me your portrait. I
am absolutely dying for it. (Laughter.) Send it with-
out fail on Tuesday. I will send you mine as soon as my
uniform as a rifleman is ready —llaughterl—as my vanity
suggests being taken in that dress. (Renewed laughter.) We
are to have what I think is a very good style of dress, viz.,
dark green trimmed with scarlet, and a shako. (Laughter.)
Do sot think for a moment from my remarks in my former
note about Rump that I fancy you will give him any en-
couragement. My dearest Fanny, I have the greatest
confidence in your constancy ; and although a grist dis-
tance separate. us, yet I fervently trust that will make no
difference in our loyalty and faith to each other."
His letter concluded with " Believe me, sweetest pet, ever
yours lovingly, M.V.H."
The letter of the 19th February contained the following :
- " •• - • - .

" I trust the time, however, is not far distant when I
shall have no necessity to console myself with a likeness,
and that my kings may meet with a reciprocal feeling from
the object of my heart's dearest affection. lam glad you
like the ring. I thought it would just have fitted your
third finger, from the size you told me when in town ; per.
haps the second finger will do equally to remind you of the
solemn promisee of constancy we made. I trust you are
not forgetting, and in the gaieties of London being oblivious
of the existence of him whose very soul is dependent upon
your love. Do not keep me long without the pleasure of
a letter. I reed and re-read them a thousand time*, and
on each time vivify your angelic presence. Each time I read
them it is with renewed pleasure. Clive my love to Garry,
and be assured of the devotion of, ever yours, M. V. H."
In July, when the defendant came to Leaden to attend
the volunteer review by her Majesty in Hyde Park, be
called on the plaintiff, and saw domes that had been
=for the wedding, and there wee every reason to
the wedding would have take. plass es intended,
bat such however was not to be. Os the Mk al August the
plaintiff received the following WM,:
. _ .

"My dear Miss Tricker,- -1111 y long silence must I think
have caused you to surmise that which I feel my painful
duty sow to ask, viz., that our correspondence should
cease, as the ally means of averting a future which
I feel could not be otherwise than an unhappy one.
Our characters are too dissimilar, the incompatibi.
lity of our tempenunenta too great, for any
other result to ensue, and I can !molly expect that
you could readily relinquish the gaieties of London for an
exile in sail proviecia town. (Laughter.) With a know-
ledge of having imposed so great a sacrifice on the part of
my wife I could sever be happy, and under three circum-
stances must request you to absolve me from a promise the
keeping of which I feel convinced would be fatal to the
happinen of .a both, even were I in a panties (as regards
pecuniary means) to do so. I OM never 0810111 repotting
the precipitatiou which induced the arippusat last