The Sun.
London, England, 1857-03-30 00:00:00

ASSIZE INTELLIG.ENCE.

NORTHERN CIRCUIT._ LIVERPOOL, FRIDAY.
CIVIL COURT.
(Before Mr. Justice Crompton.)
HUTCHINSON V. CONROY.
This was an action for breach of promise of mar.
riage.

Mr. E. James, Q. C., and Mr. Brett appeared for
the plaintiff ; Mr. Attorney-General Knowles and
Mr. Raffles for the defendant.
Mr. James, in opening the case for the plaintiff,
said she was a young lady, 28 or 29 years of age,
and was the daughter of a late supervisor of excise,
residing at Bromborough, in the county of Chester.
At her father's death, in 1853, she went to reside
with Mrs. Jones, landlady of the Sportsman's Arms
public-house at Bromborougb. The defendant was
a rope manufacturer, but retired from business, re-
siding at New Ferry, and being in the habit of call-
ing at the Sportsman's Arms he had been smitten
with the charms of the plaintiff, to whom he com-
menced paying his addresses in March last year,
often walking out with her, and showing her the
general attention of a lover, this being approved of
by her brother and friends. Affairs proceeded in
such a satisfactory manner with the lovers that in
the month of May he bought the wedding ring, and
in the presence of her brother and several friends
announced the forthcoming marriage, which was to
take place on 31st July. The dresses were bought,
the marriage license was procured, a house was exa-
mined in order to be' repaired as the future abode
of the happy couple, the wedding breakfast was or-
dered, and every preparation made for the auspici-
ous event, when, at the last moment, the defendant
altered his mind. On the evening of July 30—the
night before the intended marriage—he sent his so-
licitor to the plaintiff to inform her that he had
changed his mind. The wedding being thus so
suddenly and strangelypre vented, the brother called
upon the defendant to inquire the reasons for
such unaccountable .conduct, but the only answer
he could get was, that though he loved his sister
Maria very dearly, he had heard that of her cha-
racter which induced him to break it off, for he was
sure they could never be happy after what he had
heard. He would not further explain himself, nor
give up the authors of his information ; but from
this time, said the learned counsel, he continued
to promulgate the most atrocious slanders respect-
ing the lady, until, on the of Nov. last, the plain-
tiff's attorney sent him a letter, threatening that if
he did not retract the calumnies an action would be
commenced against himfor slander, in addition to the
present action for breach of promise. These calum-
nies were without the slightest foundation what-
ever ; and he (Mr. James) dared him to come into
court and repeat the aspersions he had cast upon
her. The learned counsel concluded his address by'
an eloquent appeal to the jury to give such ample
damages as would, in some measure, compensate
the plaintiff for the wanton injuries inflicted upon
her.
Thos. Jas. Hutchinson examined—He was the
brother of the plaintiff, and an architect, residing
at Birkenhead. He knew. the defendant, who was
living at Brornborough, retired from business. On'
the 3d of March, 1856, the defendant came to wit-
ness's house at Birkenhead 'in company with his
sister. He often saw them together after that. On
the 15th of May they were at tea at his house, and
the defendant said, " Well, Tom, I've made sure of
your sister Maria." Witness said, "In what way ?"
Defendant said to his sister, " Show Tom what
I've been purchasing," and she produced the wed-
ding ring, he saying, "Now, if she should run in,
I shall have an' action for breach of promise."
(Laughter.) Another day witness went to Bebing-
ton with the defendant to look at some property—
a farm house and land, the value of which he should
estimate at about 2,0001. Defendant asked his
opinion respecting the value of the land, as he in-
tended turning it into building land, by which he
thought ke could make it worth 4,0001. Witness
afterwards visited Bebington churchyard, where
defendant pointed out his daughter's grave,
saying, if, after their marriage, his wife should
die first, ho' should bury her there. (A
laugh.) At another time, when they came to
- take tea at witness's house defendant said,
" Come, take off your bonnet, Mrs. Conroy." She
answered, "I am not Mrs. Conroy." He then said,
" Well, if you are not that now, you will very soon
be so, Mrs. Conroy, or there will bean action. for:
breach." On the 27th of Juue the wife of witness
asked him when the marriage was to take place,.
and he said, "I have told Maria, and I dare say
she has told you," afterwards mentioning the 31st
of July as the happy day. On the 28th, three days
before the intended marriage, defendant came to
witness with two wedding waistcoats to be made up
forthwith. In the evening of the same day he went
to Liverpool with him to the Surrogate's to procure
the marriage license, and afterwards to his house at
New Ferry. At 10 o'clock, when witness was
taking his leave, defendant said, "Give my love to
Maria; tell her I shall be sure to be there on Wed-
nesday, but if not, Thursday, in time for the wed-
ding." Witness did not again see the defendant
until the 2d, of . August, when he went to his house
at New Ferry to ask the reason of his conduct. He
said, "I love Maria dearly, but l've heard that of
her character that if I had been married I should
never have been happy." Witness then asked him
to explain what it was, and at first he said he
would. Witness then asked him to go to the parties
who had told him, but he said, " No, I won't go."
Witness then said he would know what it was, and
defendant made answer, " I know lam in your
power for what I have done, and if it is money you
want you shall have all I am worth." On the af-
ternoon of the same day he went to Mrs. Jones's,
at Bromborougb, where ho again met the defen-
dant, who made use of the same expressions as he
had done in the morning, still refusing t give the
names of his informants unless compelled. The
plaintiff had lived with Mrs. Jones since her father's
death. Mrs. Jones was a widow, and had no
daughter of her own.
Cross-examined by Mr. Knowles.--Is that hand-
some waistcoat that I see you have on the wedding
waistcoat spoken so much of ?
Witness—l believe it is, sir. (Laughter.)
Mr. Knowles—Oh,' it's come in at last, then.
Witness, in continuation.—The defendant was
about 50 years Of age. He
,was a widower, retired
from the pursuit of making ropes. His sister was
living at the Sportsman's Arms, not exactly as bar-
maid. Did not think it the fact when defendant
called for his glass of gin-and-water she stirred it
pretty strong, so that from being warm he got fud-
dled, and got from bad to worse, till at last be fell
in love. Couli not say whether she had ever been
engaged before ; knew she was not now. (Laughter.)
It was 12 months ago since she was courted by a
Mr. Ellis. It was on the 30th of March that he
first heard of the engagement. When defendant
said " Tom, I've made sure of your sister," his
sister did not reply "Sartin sure"—(langhter)—but
he (witness) thought they might have got married
unknown to him, and therefore said "Inwhat way ?"
(Laughter.). It was in May that defendant began to
talk about 'breaches of promise." Was not aware
that he had a mania for " breaches." The land at
Bebington was about, nine acres ; defendant said he
could make 4,0001. of it by building upon it. Had
never seen him the 'worse for drink. When they
visited the churchyard defendant said "I have not
got my first wife there, but I hope to have my
second with me:" (Laughter.) [Mr. Knowles.
Then, contrary to the poet, who says " From grave
to gay, drc.,, he went from gay to the grave I]
(Laughter.) 'Witness was a married man, and was
not to be the groomsman ; he was to give his sister
away. He thought the defendant could, but would
not, tell who the parties were that circulated the
rumours about his sister.

Mrs. Sarah Jane Hutchinson, wife of the last
witness, said, she had heard the evidence her hus-
band had given, and she could corroborate itin
nearly every particular. She often saw the plain-
tiff and defendant together, and they appeared very
loving and affectionate. He was not in the habit
!of getting drunk ; at least when she saw him. Re-
collected Mr. Conway, the defendant's solicitor,
calling on the 30th of July—the night before the
wedding-day. He said to.the plaintiff that the de-
fendant would not come, as he had altered his
mind ; that she had better go and see him, and try
to compromise the matter.
By Mr. Knowles.--The plaintiff had told her re-
cently that she had heard that the defendant was
dangerously ill. She (witness) had once said she
thought it was a good thing that her sister-in-law
had escaped the marriage ;•but it was after this ac-
tion was commenced. (Laughter.)
Mrs. Mary Jones said, she lived at Brornborent;l
and kept a public-house there, called the Sports-
man's Arms. Had known th..3plaintiff all her life.
She had been with her nearly 14 years, and had
lived with tiler since her father's death, in 1853.
She left in July in order to be married. Had often
seen the defendant in company with the plaintiff
at her house, and he seemed very fond of her.
Plaintiff stopped with her as a companion, not as
a barmaid, and was not paid wages like a barmaid.
Cross-examined by Mr. Knowles—She occasion-
ally assisted in the bar, and witness often made her
presents. Had known Mr. Conroy about two
years. He often came in to have a drop at the
bar. Plaintiff did not always mix him his gin-
and-water, nor did the plaintiff "stir it up strong
for him." (Laughter.) She was a widow herself,
and of course knew all about love affairs. (Con-
tinued laughter.)
Re-examined by Mr. James—There is no foun-
dation for the supposition that all the love-making