The Sun.
London, England, 1870-12-07 00:00:00

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TILE MANCHESTER BREAbII OF PROMISE

CASE.

In a brief telegram, we have already given some
of the case of " Marsh v.-Kenworthy,trie,cl at- the Ikian-
chester Assizes. on Monday. We now give a fuller account
for which we are indebted to the Manchester Guardian.
The plaintiff, Miss Eleanor Marsh, sought to recover from
the defendant, Mr. James Kenworthy, £5,000 damages
for a breach of promise of marriage. • Mr. Pope, Q.C.,
and Mr. Ambrose appeared for the plaintiff ; and Mr.
Holker, Q.C., and Mr. Jordan for the defendant.
Mr. Pope said that actions of this nature differed very
materially in their circumstances one from another. No
doubt there were cases in which the law had better be left
alone ; but there were others, and he submitted with con-
fidence that this was one, in which the lady had no option
but to bring her action, because the loss that she sus
tamed by reason of a breach of the contract made with
her was of a very serious and cruel character. The
defendant was a man of considerable wealth and position,
a magistrate of the county and a gentleman, residing at
Ashton-under-Lyne, who, if he had performed his promise
would have been a substantial match, and would no doubt
have provided for the plaintiff handsomely. The
circumstances are these :—The plaintiff, who was about
26. years of age, was formerly a barmaid at the Thatched
House Hotel, in Manchester. Her acquaintance with the
defendant arose from his occasional— indeed, almost
regular—visits to that well-known house of entertain-
ment. About the month of June, 1866, he commenced to
exhibit very marked attention to Miss Marsh. She, at first
treated his advance, naturally— without being unduly
uncivil—as the civilities commonly exchanged between
gentlemen attending a house of that kind and theladies
employed in the service of the house. She behaved not
only at the outset, but also throughout the acquaintance,
with great prudence and circumspection, for whilst at
first she extended no encouragement to him, 'he per-
severed in his attentions, and at last distinctly proposed
marriage, which he desired should take place very
shortly. The plaintiff judiciously asked for some little
time to consider, because she felt, and told him, that it
was a matter which ought to be well considered by both ;
upon which he said that he had seen and admired her,
had watched her character and conduct, and had seri-
ously determined that she should be his wife. She con-
sulted her employers, Mr. and Mrs. Whitteron, who, in
their turn, spoke to Mr. Kenworthy, in order that they
might be assured that there was nothing in the matter
likely to be prejudicial to the interests of the young lady.
Mr. Kenworthy gave them the most explicit assurances
that he had made up his mind, and that Miss Marsh
should be his wife. No doubt defendant's letters were calcu-
lated to amuse. Counsel did not, however, read them on
that account in actions of this kind, because, although
to them such correspondance might be ridiculous
enough, to a lady in Miss Marsh s position it was
a serious matter. He should read the letters, there-
fore, not in order to make her case amusing, but
because it was absolutely necessary, he could
not help it if they were expressed in amusing
terms. The first letter which the defendant appeared to
have written—at any rate the first that he had upon his
brief—was dated Ashton Villa, 20th September, 1867,
and was as follows :

MINING SHARE LIST.—DECEMBER 6.
Messrs. WATSON BROTHERS.
Mining Odicee., 1, St. Michael's Alley, Cornhill, London.
Market active for shares in tin mines, at an advance.
Australian United. Pary's Mountain, 32, 41.
ijwich Consols, Perran Wheal Virgin, 15s, 40s
Chivertou Moor, Plynlimmon,
Chiverton Valley, Prince of Wales, 12s 6d, 15s
Chontales (Gold), Providence Mines, 33, 40
Cook's Kitchen, 18), 19) Rosewall Hill and Ransome
Devon Great Consols, United, —5, --s
.Drakewalls, 11t, l,) South Condurrow, 31, 33
Dolcoath, South Frances. 27, 28
Don Pedro North Del Rey, 2), 21 Tankerville, 13. 13)
East Caradou, Taquaril (Gold). 475, 49s
East Lovell, 25), 26) Tincroft. 43, 45
East Seton, Trumpet Consols,
•
East Wheal Grenville, 2/, 2) Van, 59. 55
Frontino and Bolivia (Gold), Van Consols,
West Caradou,
General Brazilian, West Chiverton, 51), 52)
Great Lazey, 171, 18) West Frances, •
Great Retallack, West Maria and Fortescue
Great Wheal Vor, 3, 31 • 28s, 303
Hingston Down, Wheal Crebor,
Marke Valley, 6), 6) Wheal Grenville, 2, 21
New Seton, iWheal Kitty, St. Agnes,
New Lovell, Wheal Mary Ann,
Pacific, Wheal Setou, 27, 29

T" My dear Nelly,—l arrived here all safe last night a
10.30. I found the old woman all right, and, better than
all, a fine roast fowl all hot, and a good potato to it, some
stewed mushrooms, Allsopp together. I felt that I was at
peace with all the world, but I would have been better
satisfied if you could have partaken of some of it along
With me. I was very sorry when it came to part yester-
day. I did not like leaving so. I shall make my time
here as short as possible. There is more attraction at
the Thatched House than here. The old woman is just
asking me who lam writing to. I said, " One of my best
friends." " Oh, indeed—a lady ?" " Most likely so."
I am going to tell her all about it, and what I shall do.
Now, Nelly, take care of yourself till I return, and then
I shall have the pleasure of spending a night at some
place of amusement or other... I hope Miss toes
not think any worse of me for letting her knew what
sort of a man --- is. Remember me kindly to all, and
accept a kiss, my dearest Nell, till I get the chance of
another on the steps. (Laughter.)—Believe me to remain
your very faithful lover, "JAMES IiENWORTHY."
The defendant appeared to have followedthe suggestion
contained in the latter part of his note as frequently as
possible (laughter) —for on one occasion he appeared to
have contracted a severe cold, which he was advised to
cure by the not uncommon remedy of rum and honey;
and on the 17th October, 1867, he wrote to his lady-love
in terms—not only explicit in regard to the promise to
marry, but also conveying so strong a moral lesson that
he (Mr. Pope) could not refrain from reading the letter.
It was as follows :
"Cavendish-street Mill, Ashton-under-Lyne,
October 17, 1867.
" My dear Nelly,—Here / sit, my head in one hand and
pen in the other, a pain in my head fit to crack it, sup:
pose it to be made of steel. Oh, rum and honey, rum
and honey, what hest thou done for James ! I arrived at
Ashton all right, but, of course, a little would have more,
and the result, as a matter of course, was James got
drunk. • If James had been taken before"-James Ken-
worthy, J.P., he would have been fined ss. and costs, or
14 days, for being drunk and incapable, However, I did
not get that mark of distinction. I got home all right
in a cab, but no more cold curing with rum and honey.
I cannot go down to see you this evening, so I thought
I would just let you know I was alive yet.' I cannot re-
member how I left the `Thatched' last night. I have not
the slightest idea when I left, so if I either said or did
anything pray excuse me, Nelly, I will call to-morrow
morning, and then tell me. Oh, Nell, I would do anything
for you, my love ; but do excuse me if I made a fault
last night. It was all through rum and honey, if I did.
Accept best love, my dear, Nelly, and ever believe me
to remain, your true and attached lover,
" JAMES KENWORTHY."
,The closing sentence was obviously the apology that a
man in Mr. Kenworthy's position would make for having
forgetten himself egregiously on the occasion referred to.
Without reading a great number of letters—
The Judge : The next, I suppose, will give us the honey
without the rum. (Laughter.)
Mr. Pope continued ; The effects of the rum having
passed off, there could be no misunderstanding as to the
engagement. Here was a letter dated Ashton Villa (his
shooting place in Scotland) 30th October :
"My dear Nelly,—l duly received your very welcome
letter this morning, just as I was leaving to go away to
shoot; but I shot very well after reading it, I can assure
you. I bagged, along with Mr. Lees (the cradle Mr. Lees),
83 hares, 174 brace of partridge, 124 brace of rabbits to-
day. I told him I had a note from the Thatched House.
I got him up to boiling point at once. I was glad Mrs.
Whitteron liked her parcel. All was shot the day it left.
I was also much pleased. you had been home and spent
the afternoon with your mother, and not forgot to give
my kind regards to her. Dear Nell, there is no one like
a mother when they take a liking to a child—they do
adore them ; but still, I do think a husband can love as
dearly—at least I love you as dearly as man could do, and
would make any sacrifice for you, love. I was quite
satisfied with your remark. -I must take a kiss that letter,
and when I saw you to help myself. I shall do that the
moment I set my eyes on you, as who is there ; I shall
kiss you at once my pet. We have had awful weather
.here since I returned, but to-day has been very-fine. I
am writing under difficulties, as a shooting arm :cannot
write well. So accept my best love, my dear pet, and
love to all.—Believe ine, my dear Nelly, to remain your
true loving and attached JAMES KEiTWORTHY."
AnotheF letter of the same date contained equally con-
elusiVe evidence :
" Myvery dear Nelly,—l am going out to shoot for the
second time this week; that is, if the weather will' allow
me. We have had such a storm of wind gild rain. I
seldom ever Saw such a continuation of rain and wind.
The old woman will net hear of me leaving on Saturday.
She says' I am not fit to go until my cold is quite well ;
but I must certainly leave on Tuesday or Wednesday at
the latest. I have received a letter from home saying I
must certainly be at home on Thursday at the latest. I
shall send off a parcel to you this evening, all being well.
Give my love to your mother and Tom, and accept a large
portion to yourself ; and 'believe me,. my dear Nelly, to
remain yours ever lovingly, JAMEs"
"Accept the usual ** * 3/4 * Do. 't
Mr. Holker would hardly dispute the existence of an
engagement, commencing in June, 1866, between the
plaintiff and defendant. The next circumstanee that it
was necessary he (Mr. Pope) should call attention to was
thiet--,*mg time in 1867; owing to a disagreement that
she had with Mrs. Wb.ittercP, the
.plaintiff eve notice of
her intention to'leaye her eituationnWorthy was
informed of this, and"he. suggested that she should go
home and reside with her mother for sonic, time before
they were married, because he was anxious his friends
should not be able to say that he had taken a wife eat of
a public-house. She acted upon his advice. The engage-
inept continued without cessation until the end of
• 1869, when, feeling impatient, she desired to know.
when .he meant to fulfil his promise. He asked
for a few weeks' further time, in order to
arrange some business matters with his brother ;
and from that time until she saw his marriage with
another lady announced in the Ashton, Reporter, he
continued to write to her in affectionate terms, always
beginning " My dear Nelly," and ending with " accept
the penal kisses," Mr. Kenworthy was married to
another. Vor conduct ss}ielia hia reparation past be
made. This was a ease in which the damages ought to be
substantial, because, without any imprudence on the part
of the young lady, all the hopes which she had indulged
had been dissipated by the course which he had pursued.
A gentleman having the income which Mr. Kenworthy
bad, Willing hi the style which his letters indicated, ought
to provide for the lady whom he had so cruelly treated.
Mr. Holker said ho did not dispute the promise, or say
that the plaintiff had acted improperly in any way.
The plaintiff was examined chiefly with regard to the
position which the defendant had represented himself to
her as holding, and the property of which he was ,possessed.
In addressing the jury for the defendant, Mr. Holker
sap it, was perfectly evident, from the letters, thg this
was not a love thateli: Re admitted that the defendant
had' behaved badly. He (the defendant) ought to have
told Miss Marsh, long before she became aware of the
fact, that no marriage eoult.l take place. That he would
have done if he had been a man of strongoramind. nany
man who acted prudently and straightforwardly in other
relations of life, behaved when a lady was in question
like an absolute fool. (Laughter). He (Mr. Holker) had
nothing to say against MIA Marsh. She had behaved
throughout with the greatest possible circumspection and
prudence, Her conduct had been such as to redound to
her honour; and he asked the Jury, in considering what
damages she was entitled to, not to forget that she might
yet marry and have a happier home than the defendant
--with his friends adverse to the match—could possibly
have made her.
The defendant was examined in order to shew than an
.exaggerated account had been given of his property and
means.
Mr. }Talker and Mr. Pope severally addressed the
jury ; after which the Judge summed up.---The jury, after
a brief consultation, found a verdict for the plaintiff
damages.4.ll,2oo.—(The announcement was received with
applause).

THE SIJN, LONDON, WEDNESDAY , DECEMBER, 7, ISM

TREYELYAN ON TUE ARMY:
,At a well attended' Meeting of the National Reform

Union, at Manchester, last evening, Mr. J. 0. Trevelyan;
made a speech on the purchase • system in our

army, in wbich he said :—The 'profound impression
'produced by the successes of the German armies will do
us a great deal more harm_ than good if we draw

om then the wrong deductions, and apply the lessons
be learned from those successes to the gratification
our national vanity: There are - two ideas

now prevalent which we must learn to correct
as soon as possible, or we shall only plunge still deeper
into the bad courses in which we are now moving. The

first, and most fatal, of these notions prevails widely
throughout all ranks—the notion that the Prussian army

is "a citizen army," " a national army," in which quantity
goes for more than quality, that . every Prussian citizen
is a soldier, and that the best thing we can do is to set to
work and subject every man in the United Kingdom, to
a certain amount of drill. So far is this from being the
true solution of our difficulties, that we have actually at

this moment many more men in the receipt of a certain
amount of drill than we could organise, victual, and equip
with artillery in such a fashion as to make them formid-
able in the field. For the purpose of repelling an invader
so promptly and effectually that the country shall not be •
overrun, the trade ruined, the finance bankrupt,
and the social machinery brought to a stand-
still, every soldier in the country should 'be a
man carefully drilled, bound to military service .during
a definite period in peace and war, absolutely in
the hands of officers who have received a thorough pro-
fessional training, and in their turn are absolutely in the
hands of the superior military authorities. The State
should not contribute one halfpenny for the support of
any soldier or officer who does not fulfil these conditions ;
and, on the other hand, it should not allow a halfpenny
to be paid by any private individual out of his own re-
sources. It is simply inconceivable that the State does
not announce its intention of fixing a standard of
efficiency, and insisting on every officer coming up to
that standard, even if he were the most influential
constituent of the warmest supporter of the Government.
Some journals have remonstrated with me for not includ-
ing the volunteers in the resolutions I propose to lay
before the House. lly answer is that there must be some
limit to the scheme brought forward by a private member,
and that there are others far more qualified than myself
to suggest the machinery by which our volunteer army
should be organised and administered. Unless I am much
mistaken in the volunteers, they are tired of playing at
soldiers, and ask for nothing less than to be weeded,
armed, equipped, instructed, brought under stricter disci-
pline and more defined responsibilities, and given their
fixed and recognised place in a working organisation,
The present war has shewn the immense importance that
attaches to the existence of professional knowledge
and high moral and intellectual qualities in the subal-
terns of the light cavalry. They are
.detacbed singly
on the most delicate service. They require to
be well acquainted with practical geography and
topography ; to judge rapidly and accurately the
strength of a fortified place ; the number of
troops that proximately are quartered in a region of
country; the state of the` roads, bridges, and defiles; the
resources which a district could supply for the victualling
of an army. They must, above all, have the moral quali-
ties of prudence, consideration, and self-restraint, which
alone will enable them to traverse a hostile country with

any hope of safety for themselves or their commands.
But, unfortunately, in our light cavalry regiments the
price of commissions ranges very high, and we must put up
with the men who can afford tc buy them. This autumn,
looking, casually in the papers, I noticed that light
cavalry officers had, in six instances, been punished by
the police magistrates, in the space of about as many
weeks, in two of our provisional capitals. And how would
.such cases be dealt with under the aristocratic system of
Prussia? The frightful revelations in the Bankruptcy Court
as to the state of the Royal Horse Guards..zome years
ago ought to have opened the eyes. of the, authorities
to the consequences of keeping up certain regi-
ments as a playground for the idle, instead of
as a workshop for the well-informed and industrious.
But the interests which ..are bound up in purchase
are too powerful and too subtle to allow a stone of the
rotten erection to be touched. Purchase is. the excuse
for paying £40,000 a year of. the national money to the
army agents for doing work which should be done by
the regimental paymasters, or should never be done at all.
The author of the article " Germany, France, and Eng-
land,"-in the Edinburgh Review,, says: "Prussia is a
country rigidly aristocratic, and we trust that the adjust-
ment which has led there to such admirable results may
be found to be, either in its earlier or later form, appli-
cable to our wants." Does this mean that no plain
citizen is to hold a commission until all men of title
and family have been first served? Or is the real
meaning one worthy of a great Statesman; approved of
by Lord Clyde, Sir W. Mansfield, Sir de Lacy Evans, and
the fighting and working leaders of em r army ; consistent
with the policy carried out by the present Government in
the departments of our civil service ? Does it mean that
appointments are to go to the aristocracy of education,
and promotion to the aristocracy of professional merit,
and that wealth is to be allowed to tell in so far only as
it can provide the candidate with a more thorough train-
ing for a competition open to the entire nation? And
before we discuss whether we ought to borrow the Prus-
sian aristocratic system we must be sure that we can
borrow it. The German aristocrat is poor.and laborious,
and in obedience to the habits and traditions of centuries
submits cheerfully to the strictest and most painful mili-
tary apprenticeship. Is this the sort of aristocracy we get
by the medium of the purchase system ? Let us see what
the Duke of Cambridge says before the committee on
army organisation. He says, " I think a great many men
enter the army who really no not mean to make a regular
profession of it. I think they want to try it for three or
Nit. years, and see whether they like it." What would
Von Moltke think of young gentlemen who." do not mean
to make a regular profession" of the. army? We know
what was thought of them by the king who has set the
tone of Prnssian military men. When a captain who left
the.acmy in expeciation'of marrying an heiress applied to
re-enrage on the failure of h]ls hopes, Frederic replied,
"The army is not a publib-house, where people may run
in and out
,aa they please. Since this man has once
left the service, he can have no ambition,
and , I .hate such officers." For good or evil
the Prussian is a real aristocratic system ; while ours
is a plutocracy tempered by social interest. They take
men of birth. We take men of wealth, with a certain
special advantage for the fashionable ; and what a spirit
it fosters.; I have heard an officer say in the House of
Commons, that if you promoted a man who had been in
a village draper's shop, you would " destroy the whole
tone of a regiment." lam not for the wholesale promo-
tion of elderly sergeants ; but I never heard that the tone
of French battalions was destroyed by the advancement of
enterprising, clever young men like Roche and Pichegru.
The brigade of Guards is the most fortunate branch of
the service. . The pay is higher than elsewhere. An
officer who commands a company of the Guards gets
4s.*-- a day more than an officer who commands a com-
pany of the line. . The Guards have special allowances
of a large amount. They are allowed to manage their
own recruiting and hospital expenses out of a lump sum
paid by the state. The officers on guard have £5,000
a year from the nation to improve their table. They
are certain to be sent whereveer there is hard fighting,
which is, indeed, among their choicest privileges ; but
they are never despatched to deadly climates or dull
quarters. London, Windsor, rMblin, with an occasional
visit to Cimada, give them the great advantage of keeping
oonstantly within the circle where good things are
going. The number of titles affords a not unfair test of
the degree of wealth and social influence that exists among
any given body of individuals. In the Army List of 1869,
among the 227 officers of the Foot Guards you find one
prince, three earls, three -viscounts, seven lords, and 45
honourables„in all 59 titled men, in the three regiments.
Now, to 'contrast with these the social: condition of the
working officers, we will not pick our regiments, but take
the first three that have one or more b44,lions on foreign
service. These three regiments have fo,ur out of their six
battalions quartered in India. They number between
them 232 officers, and the only title which they have
amongst them is one Victoria Cross. When once the
nation has realised these facts and figures, the system is
doomed. The people who have swept away so many
thonopolies, civil, religious, commercial, political, and
administrative, will not long endure this, monopoly of
military pe4ltion and emoluments-

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