The Express.
London, England, 1861-02-19 00:00:00

SECOND COURT.

Sittings at Niai Prins, in Loodou.—(BeforeNr. Justice ByLa
and a Common Jury.)
//TERM e. ISAACS. —A F1N7411 Brxecti OF FROIIIBI or

MARRIAGE.

This was an action to reco►er damages for a breach of
profuse of marriage, and the defendant pleaded that be h►d
not made the premier, that the plaintiff was not road, and
willing to many biro, and that slue had released Maitre=
his promise.
Mr. Serjeant Parry and Mr. Sharpe appeared for the
plaintiff ; and Mr. Serjeant Ballantine and Mr. Joyce fur the
defendant.

Mr. Merreant Parry, in his opening *pooch, said that in
Mee. of breach of promise of marriage it often happened
that a good deal of romance and feeling were displayed,
but the present case was not at all a romantic
one. The plaintiff, Miss Susan Isaacs, was a lady
of the Jewish faith, as was also the defendant.
He believed that they were about equal io are and dation,
the defendant being a widower with five or six children, and
the plaintiff being about 44 or 45 years old. The defendant
lived in the Miseries, where he carried on the hulloes
of a clothier, and the plaintiff lived with her mother in
Cutler.street, Hountlediteh. The promise was made in
dul►, 1855, but about the middle of 1851) the defendant
broke off the acquaintance, having previously been pa. ing
his attentions to another lady, named Esther Moses, who
was possessed of a coosidemble sum of money, and whom
hi subsequently married, the marriage taking place on the
17th of October, 1860. It was very much to the credit of
the Jewish people that a case like this was seldom allowed
to come into court, they having great faith in their rabbis,
who generally settled such disputes. This crow, however,
hell unfortunately not been so settled, and hence this
action.

Mn.— Elisabeth Myers, the plaintiff's mother, who stated
that she was 87 years old, being sworn, said that she lived
in Harrow-alley, Cutler-street. In July, 185.5, the defen-
dant asked her if she was willing that be should have her
daughter, and witness was quite contented that he should
marry her. He visited her daughter from that time down
to the end of 1859 every day. He said he was very much
satisfied with her daughter. He also said that his business
was a very goad one, and he spoke about his property, but
witness could hardly state what he said.
. _

Cross-examined—He lived opposite witness, and his pro-
perty consisted of a large quantrty of old clothes of all sorts.
aoughter.) Among his other property he had five or six
child:ea. (Laughter.) He did not go about with a bag.
Her daughter was now 45 years old.
Serjeant Hallantine— How long has she been 45! (Laugh-
ter.)
Witness smiled, but made no answer. The plaintiff did
not object to the defendant's children. She liked them
very well. She did not hear the plaintiff say she would not
marry the defendant until his daughter was married. The
defendant mid he would marry the plaintiff when his
daughter got married, and the daughter was married in 1859.
Mr. Michael Mvem, the plaintiff's brother, said the de-
fendant came to ibis about five and a half years ago, and
said, " Mr. Myen, I should like to get acquainted with your
sister, because she is a respectable lady, and all her family
are respectable." " Yon have my consent if you can
get my sister's," and about two days after witness saw him
at his mother's home, and congratulated him on being
there. He had told witness hundreds of times that be
should marry the plaintiff, and whenever he met witness
he used to say, " How are you! give us your
hand, brother-in-law." (Laughter.) On one occa-
sion witness 'aid, "Don't call sue brother-in-law until
you are married, you have been a long time about it," and
defendant said his was only waiting for his own daughter's
minims. Alter defendant ceased visiting witness asked
him the reason, sad he said he would give witness satisfac-
tion. About October, 1560, the defendant married Mies
Father Moses. The defendant dealt largely is government
stores. The defendant mid he was a man that could live
on his property, and that he bad some houses. After the
defendant ceased his visits witness went to him and asked
him if it was true that be hail got acqoaintod with another
lady, and defendant said " Yes, and I shall never enteryour
mother's door again ; the lady has plenty of property, and
your sister has no letters and nothing to show.' (Laughter.)
He could not tell why hie sister had not brought the action
before this, but he supposed she was waiting to see whether
defendant had courage to marry another lady. (Laughter.)
Mr. Moses Davis said the plaintiff and the defendant had
visited his house off and on for three or four years in the cha-
racter of suitors. The defendant told witness on theoccaaion
that as soon as bin daughter was married he should marry him-
self. The defendant was a large buyer of government stores.
Witmer had seen him buy 200/. or 3001. worth of stores at •
time. The defendant tohlwitness that he had a house in

- -
.-- ...
Whiteeross-street for which he received N. every lax wean,
and that he had also some leasehold property in Middle ..:-
greet

erces.examined —The defendant also sold old clothes. He
banht left-off clothe* from the government.
r. Hvam Davis, the son of the last witness, said the
*iotaf and the defendant visited his father's house as
suitors.

Xt. filerjea. nt &Wanting said be did not deny the promise
to many.
Witness continued—he met the defendant in June, 1800,
and said—" What is the meaning of your stopping away
from finian's house after going there for four years!" The
defendant said he had found that she had no money, and
wittier then told the defendant that he thought he was
acting as a blackguard.
Yr. filerjeant Ballantine, for the defendant, averted that
there wee no injury in the ease at all, and that the whole
object of the suit wee to take money out of the defendant's
pocket. If the plaintiff had been suffering under wounded
feedings she would not have delayed commencing her action
until a whole twelvemonth after the defendant had declined
to fulfil his promise. The whole transaction had been ar-
ranged in as cool a manner as if the defendant was thinking
of purchaaieg a quantity of government stores ; though no
doubt the plaintiff had arrived at that time of life which
made her frieeds very ready to consider am offer that
should he made, for suitor at her time of life were not
plentiful—

" When Mini Smith was twenty
She had lovers plenty ;
When Mies elnoth.got older
Lovers got colder. (Loud laughter.)
As be bad mid, the defendant did not deny the promise, and
the whole quvstion was whether he or the plaintiff herself
bad not declined to fulfil the promise to many.
Mrs. Jane Isaacs said, in 1816 she introduced the parties
to one another ; she had before asked the plaintiff whether
she could like the defendant, and the plaintiff said she
would ask her friends and let witness know next day.
(Laughter.) The next day the plaintiff came to see the
dedendant, and witness withdrew and left them alone. nosy
remained together about a quarter of an hoer. In 1889
witness spoke to the plaintiff about getting married, and she
said she could not get married until the defendant's daughter
was married. The plaintiff also said she was afraid of being
married because of the defendant's having several boys, and
because be had been a had husband to his Brut wife.
Cress examined. —On this occasion witness went
to the plaintiff at the defendant's request to
oak bet about getting married, and she went because
she was the person who hail brought them together,and there
had bees II little difference between them because the plain.
tiff had not gone to a tea party to which the defendant had
Invited her.

Mrs. tiolomnao, the defendant's daughter, said she ques-
tioned the plaintiff why she had not gone to the party, and
the plaintiff said that her family had a great objection to
the defendant on amount of his boys being so very rude.
The plaintiff said she should decline the match upon this
cmae!, and that witness was to tell her lather. Wittman

Creireexernined —This conversation occurred in Gravid-
laze. meeting being by amident.
Matilda Fernandez said she was at the party, and
after waiting for a loog time for the plaintiff, Miami west
for her, saving thee Mr. Isaacs wasted to ss her. The
plaintiff said, Don't bother me about Mr. Urea ; I don't
want to see him any more." Witness delivered this non-
sage to the defendant.
Mr. Fernandez said, what the plaintiff said was, " I don't
waist anything to do with Mr. beam or his party," and
added, " Don't touble me say move."
Mrs. Elisabeth Benjamin, who had been in the earvice of
the plaintiff, had, in July, 1860, mead her why the ob.
jaded to merry the defeoilant. sad she said she Ina glad to
get rid of him and of his unruly boys,
Mr. Sediment liallentine and Mr. Serjennt Parry addressed
the jury as behalf of their respective client..
His lindship, in summing up. told the jury that it being
admitted co bah sides that there had been a promise to
main, the defendant, before he would be entitled to a
verdict, must make out to their satisfaction that the plaintiff
had released him from that promise, or that she had herself
deeliaed to perform bar portion of the premiss.
The jury foiled a venlict for the plaintiff—damages 100 f.
00IIRT OF PROBATE AND DIVORCE,
YU. Id.
(Before the Judge Ordinary.)
TALBOT A2CD OTKIDIN V. TRAIINANI AND 071111316.

The evidence on behalf of the defendants wee 'Oa
remmeed.

ituriik the smdessr, rid shst he was dismissed without