The Northern Daily Times.
Liverpool, Merseyside, England, 1857-02-28 00:00:00

BREACH OF PROMISE OF MARRIAGE.

In the Irish Court of Common Pleas this week, before the
Chief Justice and a special jury, one of those cases which are
in general so interesting to the unmarried members of the
community, came off for hearing, namely, that of

SELINADRVEREUX V. THOMAS HENRY.—Mr. Curtis
opened the pleadings in this case. It was an action to recover
damages for breach of promise of marriage. The damages were
laid at £6,000. The declaration contained four counts, to
each of which traverses were put in by the defendant, who
pleaded that after making the promises the plaintiff exonerated
him from them. There were nine issues—four as to the truth
of the traverses, four as to whether the defendant was absolved
from his promise, and ono as to the amount of damages.
Mr. Butt, Q C., stated the case. The plaintiff was
the daughter of a gentleman of very ancient family, the
members of which resided for many generations in the Co,
Wexford. The late Mr. Devereux, who was the owner of
extensive estates, married a French lady of high attractions,
and resided on the continent for a considerable period of his
life, where the plaintiff was educated. In 1845 he died, and
the bulk of his property passed away to distant relations, and
he left his widow with a jointure of £250 secured upon some
portion of the Irish estate. Ho left two daughters, one of
whom was tho plaintiff, and the other (he was obliged to state,
as it was necessary in the course of the case to do so,) was
affected in her mind. For sonic time after the death of Mr.
Devereux, his widow and her two daughters continued to
reside on the continent, nsurh reduced in meens from
their tosition during the lifetime of M. Devereux, and,
to add to their embarrassments, the portion of the estate
I upon which the jointure was 'secured was sold in the
Incumbeied Estates Court. In the year 1850 Mrs. Devereux
and her daughters came over to Ireland to look after
their affairs. By one of those :incidents more common in the
continental life than in our more sober matter of fact countries,
a French lady offered to share her fortune with Mrs. Deve-
roux, and with the object of having this lady a resident with
her, a. residence near Leixlip, called Esker house, Was taken,
which, otherwise, would have been beyond the means of Mrs.
Devereux. As if misfortune was determined to pursue
theme ladies, after the house had been taken, the French
lady diet at Liverpool, being on her way to join Mrs.
Devereux, who was thus left with the house on her hands.
It was at this time that the defendant, for what purpose the
jury should themselves judge, applied to a Mr. Richardson
a commission agent, who was aeettainted with Mrs. Devereux
to introduce him to the family, aed he was introduced accord:
ingly. At this time the plaintiff was thirty years of age.
The defendant resided in the neighbourhood at a place called
Craddoxtown. He had been an attorney, and had the good
fortune to amass a considerable amount of money, and was
then an extensive farmer. Although the defendant had avowed
to his own friends that he had sought the introduction in a
matrimonial speculation, he did not make that avowal to the
lady herself for some time. He became the tenant of the
ladies for a cottage and a portion of the land which they held,
and he beean to manage the other portion, Mrs. Devereux
died in 1852, and the daughters, of course, lost the benefit of
the jointure. The defendant desired Mr. Richardson to ad-
vance money to the ladies, to get promissory notes for it, and
he (defendant) would give Richardson any money he-pleased
for the notes. Miss Devereux was arrested for one of those bills
in 1853, and the defendant came forward and paid the amount,
the money returning back to himself, for it was he who
had the execution. It was immediately after this, for which
she was very grateful, that he proposed to her. In a letter
from Miss Deverenx to the defendant, dated October 29,
1853, from which it would appear that the defendant had
pressed his suit at a previous interview, she said that, having
regard to the complicated state of her affairs, the circumstances
of her family, and the obstacle created by the difference of
their religion (she being a CathOlic and the defendant a
Protestant), it would be most distressing to her to connect
herself with any man. However, yielding to subsequent
entreaties, she accepted him as her affianced husband, and
they were to be married in the following May. One of the
counts was as to a promise to marry in May, 1854, and this
answer to that was, that before he had committed any breech of
it she had released him. It was true that she did in 1856,
influenced by Wounded feelings, write him a letter, saying
that she wished to be done with him ; but if he refused to
marry in 1854, no letter written in 1856 could he put in as
an answer. When it would be proved that the wedding
clothes were bought in 1851, and that he refused to fulfil his
promise then, the action would be established. If he was not
mistaken, it would be said that the money which the defendant
gave the plaintiff in respect of au unsettled account, was
accepted by her as the price
.of the violetien ef the engage-
ment. no plaintiff left Esker House in 1854, on the
understanding that in a mouth or two she was to be married to
the defendant, and at the request of the defendant went
into lodgings at Mr. Ganley's, Usher's Quay, and for
two years after, the defendant, under one excuse or
another, put off the fulfilment of his promise to marry ;
and at last, in 1356, she applied to Captain St. George.
a friend of her bendy, on.the subject, Amongst other
letters which she wrote to him was the following, dated
7th June, 1856 :—" Dear Captain,—You will excuse me not
having seen you these few days. I did not feel myself equal
to seeing any person. I am really suffering from a great shock
which will require time to get over. Oblige me by going at
once on my part, with this parcel, to Craddoxtown, and bring
rue an answer frobe Mr. Henry to the letter you take; but
don't show my letters except to Mr. Henry, as he will per-
, ceive you are fully instructed to get my letters and those of
my friends, which he holds in return, as the parcel you take
contains his to me. Mr. Henry will tell you when I can
have some things entrusted to his care, and he sure to bring
toy dear father's valuable book. God bless you for your
consolation. I am really sick at heart, and not certain of
even seeing you on your return from Craddoxtoeen. The
Lord is all-sufficient--ho is pleased to allot my share of
trials which are bitter indeed—Your obliged—s'elina Deve-
reux." The defendant stated to Captain St. George that lie
hal burned all her letters. The only question he thought
they would have to decide was as to the amount of damages.
A lady of her age was much more injured by a refusal to marry
than a younger person. His client was not present, and
therefore he might say that— no matter whether she had passed
that time of life when they begin to wonder who will
have them, or to that period when they begin to wonder
whether any one will have them at all—(laughter) nunques.
tionably—looking at the matter in a sober light, they
should consider what would replace her in the position in
which she was when the defendant first made her a
proposal of marriage, and estimate their damages accordingly.
Several witnesses were examined in favour of the plaintiff's
claim. Mr. Macdonagh. Q.C., addressed the jury for the
defence. There never was a case, he said, in which counsel
had been so unscrupulously instructed as the counsel in the
present action. Gross misrepresentations with regard to the
defendant had been made, and totally irrelevant matter had
been introduced for the purpose of putting a false construction
on the acts of the defendant. It was false that the defendant
had managed the plaintiff's property, but it was true that,
being their tenant, a kindness grew up between him and
the ladies, and he acted most kindly towards them, and
gave them advice and assistance, not as their agent, but
voluntarily, from a desire to serve them. The real fact was that,
in consequence of the plaintiff's religious scruples and
pecuniary views, she broke off the engagement with
the defendant, and stipulated for a sum of money as the price
of allowing it to be annulled, which sum she was paid ; and
yet she came into court to claim damages for that which she
had sanctioned. He did not mean to derogate in the slightest
frrim the ancient gloties of the house of Dereveux, but he
would arraign the plaintiff as having been guilty of gross
misconduct. Dr. Lynch, who had charge of the plaintiff's
sister, arrested the plaintiff. She filed her petition in the
Insolvent Court on the 22nd February, 185.5, the only
creditors returned were Dr. Litteb and Mr. Henry, who was
returned as her creditor for £5O incurred between 1853
and 1855. If the law allowed the defendant to be examined '
in those cases, all the calumnies which had been heaped on the
defendant would be refuted, If the marriage contract had been
completed, would the defendant have been asking a servant
maid to speak favourably for him to Miss Deroveux
He read a letter, written in August, 1854, to prove that no
matriage had been definitely agreed upon. Also another letter
to show that the agreement between them was broken by the
plaintiff. In her letter to the defendant, she says—" I now
repeat I have no desire to press the understanding we have had.
Let it drop; you'll be nothing the worse, and I despise what
the world may say, but I need at least £lOO. I wish it was
not a penny ; but will start in life on that with greater
happiness than if you gave me yourself with thousands
This at once brings matters to a close. Yon have no
reproach ; it is my own act. I'll sign any document, as
you are rather a suspicious character, to satisfy you.
There shall be no afterclaps, &c., and I can do no
fairer. Oh, God! what those few years have dealt out for me.
You'll do me the justice to say that your advances have been
unsought for and unsolicited, and any wish that seems to
[email' with you now appears more from pity than
affection, and I have no wish to ripen your compassion. It
is evident I seem marked out for solitary struggles. The
cloud is darker than ever since the captain saw Coffey.
Hero I am, alas ! suffering from self accusation, Any
communication you have to make. Write, or let your friend
call on your part, for if you come here, and that I do not
see you, as I have already said, Mary will make her obser-
vations. It is useless for me to be keeping on this certain
unfair expense, and a most disgraceful one to my feelings.
Give it up ; send the draft for £lOO, and I'll forward a full
receipt and sign any document to ease your mind. Fare-
well I I am indescribably melancholy, of course. I required
courage untold to write this, and in truth will mourn ; but I
wish I was removed beyond this dreary world. In- my heart
rests a tribute of grateful recollections for any kindness ; but
von must from first to last bear in mind I always felt we were
most unsuited ; so tiittrupli in having escaped one who, without
intending it, might not make you happy. Do not send any
small remittance. Conform to the suggestions in this letter,
and you are ' free,' Do bo thoughtful about your dear boy to
inherit your high position as a man of fortune, Alan you be

as happy in every respect as the man of honour, which makes
the perfect Christian, are the prayers of yours, very truly,
SSLINA DEVEEEUX." Other letters of a like description
were submitted. The Chief Justice having charged the jury,
they retired for about half an hour, after which they returned
to court with a verdict for the plaintiff, of £750 damages
and costs.