The Sun.
London, England, 1854-08-21 00:00:00


[PRICE SD.

BREACH OP PROMISE OF MAERIAGE•

MARGARET WOOD V. ARTHUR TISDALL.

On Saturday a case was tried at Cork involving a
breach of promise of marriage.
The plaintiff in this case was the daughter of an
officer in the army, and the defendant a gentleman re-
siding in the west riding of the county, near Bantry.
The summons and plaint stated that the defendant en-
tered into a certain contract with the plaintiff to marryl
her, but did not fulfil the contract within a reasonabley
time ; while on the part of the defendant the case ap-
pearing on the pleadings was, that the defendant did
not at any time agree to marry the plaintiff, and if he
did agree to do so, they had afterwards mutually agreed
to rescind the contract, and that, at all events, a rea-
sonable time had not elapsed for fulfilling it.
The case appeared to attract considerable attention,
as such cases usually do, and the court was consequently
very much crowded, and included amongst the audience
a number of ladies.
Mr. J. D. Fitzgerald, Q.C. (with whom was Mr.
Woodrooffe), stated the case for the plaintiff, whom he
described as a young lady of most respectable family,
and the daughter of a captain in the army ; and he said
the defendant was a gentleman aged about 35, and also
the member of a highly respectable family which had
within the last few years come to reside in the county
Cork. It would appear, as he (Mr. Fitzgerald) was
instructed, that the defendant's oldest brother, who had
been a medical man, and who died in the year 1849, had
been married to the plaintiff's sister many years ago, and
this family connection having naturally given rise to a
considerable intimacy between the other members of
both families, it was not at all extraordinary that the
defendant should become attached to the plaintiff,
and accordingly he represented to her that .he was
attached to her, and wished to make her his wife,
and after the lapse' of many years she consented
to his proposals, and agreed "to take him for
better or for worse:" Mr. Tisdall, having procured
Miss Wood's assent to their union, commenced to
correspond with her, and wrote numerous letters, which
wouid he produced, in which he spoke of her in language
which could not leave any doubt upon any one's mind
that they were engaged to each other ; but he (Mr.
Fitzgerald) understood that it would be attempted to be
shown that the agreement for a marriage was a condi-
tional one, and that it was only to take place in case
the defendant's mother, from whom he had some expec-
tation, gave her consent ; but such an absurd attempt to
get out of a solemn contract would not be listened to by
any rational jury. No doubt after Mr. Tisdall's first
proposal for this young lady, he complained that his
mother and family were opposed to the union, and she
most honourably released him from his engagement ;
but it would be found beyond all doubt, from the defen-
dant's subsequent letters, dated down to the commence-
ment of the present year, that he renewed those propo-
sals, and a second time prevailed on her to consent to
become his wife ; and after hearing those letters read
the gentlemen he (Mr. Fitzgerald) had the honour to
address would not hesitate to find a verdict for his client,
and give her substantial damages for the gross injuries
she had received from the defendant. The learned gen-
tleman read a great number of letters during his address,
from which we select the following :

" August 11, 1853.
"My darling Margaret—l suppose you have been most
anxious to have heard from me, but we did not get to Cork
until this morning, We had no wind and had great knock-
ing about, otherwise ;you may rest assured it would have
been my first undertaking to have written to you. Oh, 'tis
I that feels the lonely ono after parting you ; but please
God it will not be for a long period. We will not remain
in Cork long enough for me to have my likeness taken for
you, but will go back to Cork myself and have it done for
you—and let you lose no time in getting me your likeness
also, and I will forward the other matters as expeditiously
as possible. So, my dearest Margaret, do not be in the
least bit uneasy, for I will not lose one moment in for-
warding our undertaking as speedy as possible. Let me
hear from you by return of post, in case we may not be
here. And now no more at present from one who adores
and beloves you from his very heart.
" Believe me yours as above ; and nothing on this earth
will change me towards you from what I am at present
until we are married and happy, A. R. TISDALL.
" Post Office, Passage West, Cork."
" August 13th, 1853.
"My Dearest Margaret—l received your letter this day
day with the greatest delight possible. Finding that we
will be here longer than we expected, I take the opportu-
nity of answering your letter in a hurry. 1 was in Cork
yesterday, and I find that the man who took the daguerreo-
type was not to be had, and now must wait till I go to
Dublin, which will bo as soon as possible. So you may
send me your picture as soon as possible, as I would be
able to keep it more secret by getting it here than for you
to send it to Dublin, so I will be on the look-out for it
by Monday or Tuesday's post. I am glad you enjoyed
yourself so much the other evening ; you would be very
foolish if you did not enjoy yourself as long as you can.
I hope your mamma will continue to recover and be in a
full state of health for her voyage. I have no news,
my darling Margaret to tell you. Ido not go about
mueh, and therefore you cannot hear much. I return you
the same compliment as you have just paid to me, but in
a tenfold degree, which 1 think is not more than you de-
serve. In fact,. I cannot say as much as I would wish to
say, unless we were side by side. My dearest, may God
bless you and keep you in all manner of safety is the fer-
vent prayer of your fondly attached,
" A. H. TISDALL."

Some parole testimony having been added,
Mr. Deasy, Q C. (with whom was Mr. Clarke), ad-
dressed the jury for the defence, and said he did not
mean to deny that his client proposed for, and was
anxious and willing to make the plaintiff his wife ; but
having no means of his own, or a profession, he told her
so, and told her that his marriage should depend on
his mother giving her consent, which Mrs. Tisdall
declined to do. This was the substance of the original
proposal ; and after it was made, and it was found that
Mrs. Tisdall would not consent to the marriage, Miss
Wood and the defendant agreed to break off the match,
and the young lady was actually going to America
with her mother and sister, and was only prevented by
her mother's sudden death. The defendant did not
deny that he wrote to Miss Wood, even after the match
was broken off by mutual agreement, and would have
been glad to marry her then if he had the means, but
he, had not, and his mother, who had the means at her
disposal, told him she would not leave him a farthing
if he married without her consent. So matters re-
mained up to the commencement of the present year,
when, to the defendant's great surprise, he found an
action instituted against him for not marrying a woma❑
who herself agreed to break off her engagement with
him. Coansol stated that the defendant had unfortu-
nately destroyed all the letters he received from the
plaintiff, which would have proved beyond all doubt
that the proposed treaty for a marriage was at an end
in the summer of 1853, and was never afterwards re-
newed.

His lordship having charged the jury, they found for
the plaintiff 3501. damages and 6d. costs.

SOUTHAMPTON, August 18.—The great graving dock
in this place, which during the past year has been in
process of construction upon the premises of the South-
ampton Dock Company, is fast approaching completion,
and is expected to be opened for general business the
first week in October. This important public work has,
during its progress, excited considerable attention as
being the largest dry or repairing dock in the world, and
as being capable, when finished, of taking steam-ships, if
necessary, of 5,000 to 6,000 tons' burden. The graving dock
is 430 ft. long on the blocks,Bo ft. wide at the gates,and 88
feet at the centre. The depth of water over the sill will be
24 feet at high water of spring-tides and 20 feet at high
water of neaps. The pumping engines for eniptying the dock
are of 100-horse power, working four pumps each, of 54
inches diameter, and it is calculated that with such a
ship as the Himalaya docked at spring tides, the dock
may be pumped dry in about three hours. The dock can
also be filled -again in about half an hour, so that, in case
of necessity, a vessel might come in at the high water of
one tide, have about eight hours for examination or repair,
and go out again at the next high water. The dock is
built principally of brick work, and the method of con-
struction as compared with the stonework is very econo-
mical. The contract for the dock and engine-house was
taken by Messrs. G. Baker and Co., and that for the
engines and pumps by Messrs. Maudslay, Sons, and
TF
hi eilsd ,
waonrdk t hwea
sc ofoosotm mtehoeo
owdh oiole willy boef und
ery
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d
is now so far finished that it will be ready for opening in
October. It was principally designed by Mr. Alfred
Giles, the engineer of the Southampton Dock Company,
and in respect to the material of which it is composed—
viz., brickwork with stone copings, is similar to the
smaler dock constructed here seven years since by Mr.
Giles, and which has answered its purpose most admi-
rably. The difference in cost between a dock of this
enormous magnitude built of brick and one of granite
would be very great, and we learn that the Danish Go-
vernment are about to adopt the principle by construct-
ing a large dock at Copenhagen under the superintend-
ence of the same engineer.
THE WOMEN OF GREAT BRITAIN.—There are 359,969
old maids (above 40 years of age) in Great Britain.
There are 1,407,225 spinsters between 20 and 40, and
1,413,912 bachelors of the same age. In the list of
the occupations of women there are 88 authoresses,
18 editors or public writers, 643 actresses, 135 danseuses
16 equestrians. Of the female domestics no less than
675,311 are entered under the denomination of " general
ot fh
e4sB rBO vOO ak6isit,
as
nt
dthhee therefho or umas
r:e
er-
s servants." van
are
5r
m'
350
0 r
fe
numerous
and the t
h e higher
latter
than
class
only
mbeai indgs
above 50,000 " housekeepers," and nearly 40,000 nurses.
The charwomen are no less than 55,423 in number.--:
Census Report.

THE WESTERN FISHERIES. —The mackerel fishermen
on the south coast of Devonshire have been unusually
successful during the past week in their take of fish.
On Tuesday last the Dawlish and Topsham mackerel
boats, with three seines, caught upwards of 60,000 re-
markably fine fish in one haul, which were speedily dis-
posed of at prices varying from 4s. 6d. to ss.
,per
hundred. The pilchard fishery has also commenced
in the west, and large numbers have been caught in
Torbay, Brigham, and along the Teignmouth coast.
This kind of fish realise (wholesale) 12s. per 1,000, and
they are rapidly carried away by fishmongers from a
distance, who purchase them eagerly for curing PI r.
poses. In Cornwall the catches have been equally large
this season.