The Sun.
London, England, 1858-05-07 00:00:00

COURT OF EXCHEQUER.

(Sittings at Nisi Prius.—Before Mr. Baron Watson
and Common Juries.)

CHAMBERLAIN V. WESTON. -BREA.CH OF PROMISE OF

MARRIAGE.

This was an action to recover damages for a
breach of promise of marriage, to which the defend-
ant pleaded that he did not make the contract, and
that the contract had been broken by mutual con-
sent.

Mr. Macaulay and Mr. Hawkins were counsel
for the plaintiff ; Mr. Edwin James and Mr. Bell
represented the defendant.
Mr. 'Macaulay, in opening the case, said the
pla.ntiff, Miss Sarah Ann Chamberlain, was now
about 25 years of age, was the daughter of a re-
spectable farmer residing at Keyham, in Leices-
tershire, and the defendant, Mr. William Day
Weston, was also a farmer, now about 45 years of
age, who for many years, and until very recently,
bad resided in the same neighbourhood. In 1848
the defendant commenced paying bis addresses to
the plaintiff, who was then only 15 years of age,
and from that time until February last he had
visited at her father's house, and had been always
treated as her accepted suitor. Several letters had
passed between the parties. The first of these was
as follows :

"Nov. 19, '4B.

" Dear Miss,—l have taken the opportUnity to
write these few lines hoping to find you well as it
leaves me at this time. I hope you arrived safe on
your gooney my dear Sarah I have great respect
for you and I often think of you when you absent
I hope you will injoy yourself my dear I never
shall forget you the last time I saw you I am
rather short of time gust now Your father and
mother and your brother and grandfather are all a
bout the same Your mother his reacher lost with
out you but be cheerfull my dear Sarah Ann You
need not say any think about this letter coming to
you lam Dear Miss Your sinceer and a Fectiiate
Friend I have not subscribed my name You will
I have no dut regard me."
The learned counsel then read a number of
letters, which were afterwards put in in evidence,
from the defendant to the plaintiff, written with
very lit:le regard to orthography. He proceeded
to say, that from 1848 up to a few weeks ago
the defendant had been received by every mem-
ber of the plaintiff's family as her affianced
husband, and they were about to be mar-
ried. During a part of the courtship the defen-
dant's father was living, and was rather averse to
the match, as he thought, very naturally, that the
girl was too young. The defendant, however, was
of a different opinion; and his father being dead be
was' at full liberty to indulge his inclinations. In.
February last preparations were made for the mar-
riage, and no one had the least reason to think
it would not take place ; when to the amazement
of every one, the following letter was received by
the plaintiff from the defendant :
" Keyham, Febury.
"Dear Miss,—l write these few lines to say that
I dont think you and me shd agree if we was to
come together. lam genersly inclined and you are
the other way andso I begto be excui'd—(laughter)
—and will decline it altogether. (Renewed
laughter.) I have loved you as much as aney one
el do. May the Lord bless you and us all what I
have said and promised you I hope you will freely
forgive me miss I have cheenged my mind
(Laughter) I hope you are none the worse for me
and hope I am none the worse for you dear miss
I am yours with the greatest respect for you.
W. D. WESTON.

The motive for the defendant's conduct was,
however, shortly disclosed, for in a week he in tr-
ried another lady. The present action was there-
fore brought to recover damages for the injuries the
plaintiff had sustained by conduct so unjustifiable
and unaccountable. Here was this young woman,
of whom he had taken possession at the early ege
of 15, who knew no other lover, who had refused
the addresses of other men nearer her own age and
more likely to win her affections, thrown aside at
the age of 25, and was subjected to all the scandal
and pain occasioned by such treatment. He would
call every member of the plaintiff's family before
them, and then would ask them to give not vindic-
tive but substantial damages for this most heartless
and indefensible conduct.
The following evidence was then adduced ;
Mrs. Chamberlain—l am the mother of Sarah
Ann Chamberlain. My husband is a fanner at
Keyham in Leicestershire. I knew the defendant
there 10 years. He is a farmer at Keyham.
In 1848 the defendant was about 34 or 35.
My daughter was then 15. After Christmas,
1848 Mr. Weston began to pay attentions to my
daughter, and his attentions continued from time
to time. He spoke to me about the matcli about
four years after I became acquainted with him. He
seemed very fond of my daughter. He visited oc-
casionally, but not very often, as his father was not
agreeable to the marriage, my daughter was so
young. In 1851 he said to me, " Mrs. Chamber-
lain, can you spare Sarah Ann t" I said, " You
are joking, sir, you don't mean it." He replied,
" Yes I do, though." He seemed fonder of my
daughter every day. He grew warmer instead of
colder. Mr. Wes on's father died in March, two
years ago. My daughter told m in July last that
the marriage was to take place in February. She
bought some linen and a carpet and two dresses for
her marriage. She was at Leicester buying things
for the wedding when his leiter declining the mar-
riage arrived. The whole village knew they were
going to be married. Mr. Weston married another
persoa in March last. He has left the village since
I came to London.
Cross-examined by Mr. James—The defendant's
father objected to the marriage. Mr. Weston came
to break it off, bul; made it up again. I have been
told that the defendant's father said we should not
encourage the match with a girl so young. The
defendant is 44. I know Billy Day, the defendant's
nephew. Ido not know what you call silly. Some
people in the village say he was a little wrong in the
head. I never said the defendant was as big a fool
as Billy Day. I never heard my daughter say so.
I never heard her say defendant was as big a fool
as old Jakes. When Weston and his wife passed
the house after his marriage my daughter could
hardly contain herself. She instructed the attorney
herself to bring this action the day after the de-
fendant's marriage. What sort of a person is the
defendant ? Well, I think he is a very sober, steady,
espectable gentleman. I was never present when
it was proposed that the litters between them
Bhould be returned r:r destroyed. I did hear my
.daughter say that defendant had put her letters
into a cupboard, and the mice had eaten some of
them. (Laughter.)
Mr. James—They were so sweet, I suppose.
(Great laughter.)
Witness—l'm sure I cannot say how sweet they
were.
Satntiol Chamberlain examined--I am the plain-
tiff's father. The defendant is a most respectable
man. He has held all the offices in the parish, such
as guardian and overseer.
We regarded the de-
fendarit during his courtship as one of the famly ,
i