The Sun.
London, England, 1845-08-21 00:00:00

CORK ASSIZES.
BREACH OF PROMISE OF MARRIAGE.
(Before Mr. Justice BURTON and a Special Jury.)
LITTLE V. NEWENHAM.

The Court was densely crowded during the trial, The
galleries were reserved for ladies, who assembled in large num-
ber,. Damages were laid at 5,0001. The defendant had
lodged 5001. in Court. . .

ICIr. Henn, Q.C., stated the case. The plaintiff, said he,
is a lady, the daughter of Dr. Little, a gentleman of great
respectability and extensive practice, and I think I may say
that there is no one in his profession standing in higher
repute than Dr. Little, where he is well known, where he
resides, in Sligo. Mr. George Newenham, the defendant,
is a gentleman who resides in the neighbourhood of this
city. It. so happens that Dr. Little has a daughter married
to Mr. Benjamin Beamish, who also resides in this city, and
I shall proceed at once to detail to you the facts which have
given rise to this action. In the month of September, 1644,
it so haupened that Miss Little was on a visit with her aunt,
Mrs. Westropp, who resided in the immediate neighbour-
h,otl of defendant. Previous to this, Mr. Newenham and
Penjamin Beamish were on terms of friendship, and
11,wson, an once of Mr. Beamisls, having come to town,
-I,•amish invited Mr. Newenham to his house to intro-
duce i,,rn to Mr. Howson. Upon that occasion Mrs. Wes-
trop and plaintiff were there, and then for the first time Mr.
Newenham met her. She is a lady of C insiderable attracticns
sled eng “zing, manners. Her age is twenty-six or twenty-
sis.en. Mr. Newenham is a widower, aged about forty-five or
fi:ty.

Mr. Bennett—He is fifty-three.
Mr. Henn—Gentlemen, lam told that he is fifty-three. I
was not aware he was so much. However, there is not much
disparity between them ; and I do believe—indeed we all
know—that many happy unions have been formed between
person; whose ages were much more unequal. Upon the occa-
sion to which I have drawn your attention he appeared
ab tracted by this lady, and after this he became
a daily visitor at Mrs. sVestropp's, and during his visits
he pie' constant. marked, and unremitting attention to
her, and at length, on the 24th of February, he had an
interview with her at the house of Mrs. Westropp, when he
declared his 'feelings and proffered his love, and asked for
a return. However, there was no definite answer given
upon that occasion, but on the Sunday following they again
met at Mr. Efewson's, where this young lady, Mrs. West-
ropp, and Mrs. Beamish went to pay a visit. On that occa-
sion he and she had a long walk through the grounds, and
while walking home he asked her to marry him, and having
requested a promise, begged her to permit him to speak to Mr.
Benjamin Beamish on the subject. She consented, and on that
occasion he presented her with a ring, and on the following day
called on Mr. Beamish. He then acquainted Mrs. Beamish
with what had occurred, and introduced the plaintiff to his own
niece as her aunt. On the 27th he called on Mr. Benjamin
Beamish, and he on that occasion makes a formal proposal of
marriage. Mr. Beamish having expressed his pleasure—having
known Mr. Newenham for a long time, and having a regard far
him, and thinking that in all respects it was a suitable match,
observed that bo‘iness shoal l not be lost sight of, and to avoid
any mistake, he thought it right to say, that although Miss Little
was entitled to a fortune on helt mother's death, that now they
should act in this matter as if she hid not a penny. Defendant
replied there was nothing like candour—that that was a matter
wlecli gave him no consideration—it made no alteration or Me-
i enee whatever in his feelings or intentions, as he considered
he had quite enough for both himself and her—he had a good
prisaert y, near 600/. a year, with a sum of 2001. a year which
would fall in on his old aunt's death, which would give him
890!. a year clear, besides his place, which was a nice valuable
place near this city, and worth 3001. or 400/. a year, and that
plaee was subject only to a few pounds a year rent. Mr.
B aenish said that as Miss Little had not at present any fortune,
he would leave ;II matters of settlement to his own feelings, as
he felt satified that Mr. Newenham-would provide liberally for
her. Mr. Newenham replied that she would be safe in his
hands, and therefore he might leave all to him, and he would
act. in such a manner as Mr. Beamish's family would have no
reason to complain of. It was then agreed that Mr. Beamish
she e'd write to Dr. Little, who was in Shwa, and that Mr.
Noweoliam himself should also write to Dr. Little, and ask his
consent to the marriage of his daughter. Mr. Newenham then
re! ired and wrote the letter, and again returned and showed
what lie had written to Mr. Beamish. I will now call your
attention to that letter. It is dated—

" Summer-hill, Jan. 27, 1845.

"My dear Sir—lf I had the pleasure of being personally
known to you, I would feel relieved from some embarrass-
ment in addressing you, particularly on a subject in which my
feelings are 90 deeply engaged, and which would perhaps lead
me into explanations such as mutual friends may expect. fhe
riml le w,y to relieve myself would be to come to the point at
once, trusting that the introduction of my name has already
reached you through some members of ycur family. I have
had frequently the pleasure of meeting your daughter Henrietta
in society, and from the first moment I saw her, I found my
mind drawn towards her by those feelings, the effect of which
his encouraged me to offer her my heart and hand ; and
without affectation I can say, I never felt more happy than in
'inding that I have not misplaced my affections, and I have re-
ceived her permission to address you on the subject. As to
my position in society, and my means of supporting her respec-
tably, I refer you to your son-in-law, Mr. Beausish. As to
any provision you can make for her, I have hitherto made no
inquiry, but in addressing you as a man of the world, you will
admit that it is natural that I should obtain some information—
not that any infor.nation you can afford me can effect any change
in my feelings or intentions, which, believe me, shall ever and
always tend to anything !and everything that can make your
daughter happy; being satisfied that in making her so will
constitute my own. Anxious y hoping for your kind assent,
believe me, my dear sir, yours very sincerely,
"GEORGE NEWENH AM.

" To Dr. Little, &c., Sligo."
That letter arrived in Sligo in due course, and Dr. Little, on
the 30th of Janu try, wrote his reply :
" Caltlwell-buildings, Sligo, Jan. 30, 1845.
" My Dear Sir.— I had the honour, and, I will add, the gra-
tification, of receiving your communication to me yesterday.
At any time a proposal for a matrimonial connexion with
a family must be received as a high compliment proffered ;
but-coining, as yours has done, with the introduction of my
son-in-law, which speaks so highly of your character and
station, I must confess it brings with it most heartfelt appro-
bation. The measure of choosing a partner for Lie, a par.
ticipator in our weal or woe, is a serious one indeed. A
pleasing anticipation, however, may be raised on the pre-
vious Association, character, and conduct of the object of our
choice. The mind which has never been tainted by a single
domestic cloud—which has never been ruffled by domestic
conflict, but has had all its sentiments nurtured and deve-
loped under the warm sun of social family concord, pre-
sents the most certain prospect of happiness in married
life. As such I can confidently entrust my dear Henrietta
to your care, under the fullest conviction that the child who
has never in a single act of her life called forth a tear from
the eye of a parent, save that of gratitude to the Power which
bestowed her, shall never fail to discharge the duties and obli-
gations of an affectionate wife when called on for their per-
formance. Your candour and disinterestedness, as exhibited
in your letter, call upon me for a corresponding expression as
to the worldly circumstances of my family. For the last thirty
years of my life I have enjoyed a large professional income ;
Out my expenses in bringing up my three sons respectably to
professions, as well as my desire that all my family should
maintain a respectable appearance and association in life, have
almost always occasioned an expenditure nearly equal to my
; income. Mrs. Little was left by her father's (and subse-
quently by her mother's) will a share of their property, 500/.
of this being left by Mrs. Swayne as a legacy to my eldest
daughter on the death of her mother. Three of my Baugh-
. ters being married and portioned by other means, Mrs.
Little leaves by will (or by a legal irrevocable deed) the
balance, whatever that may be, to her remaining daughters
( Henrietta, one of them) in equal shares, while I undertake
the provision for my sons from such resources as may be in my
power. Under those circumstances, 1 leave it to your own
feelings altogether to make such arrangements as you and
Benjamin Beamish (who is the agent to the family property,
an 1 who will explain all to you), may agree upon, under the
conviction that you will feel for the respectability, comfort, and
station of your wife, as I should for those of my daughter.
tt Wishing soon to have the pleasure of a personal acquaint-
ance, believe me to remain, dear Sir, yours most faithfully,
" THOMAS LITTLE.
" To George Newenham, Esq., Summer-hill, Cork."
Tiw letter was received by the defendant on the Ist February,
1845, and, gentlemen of the jury, on the receipt of that letter
• he expressed the happiness he felt at having been thus accepted
as the suitor of Miss Little. He expressed that to all his
friends—he expressed it to her friends, and received their con-
gratulations, and he made use of all the expressions of an
ardent lover after having been accepted and being about to be
connected with the object of his most ardent wishes. It will,
ei in tact, he proved that he called on Mrs. Westropp, Mrs.
e Johnson, and Mrs. Hewson, and expressed his delight at
having obtained the dearest object of his heart. He told Mr.
Beatnieh he would call on him on the Monday following. The
. letter was received on the Saturday previous, and the meeting
, on the Monday was to arrange matters with respect to the
• settlement, &c. Gentlemen, it may be well supposed that all
the members of the family were perfectly convinced that on
• Monday the final arrangements would be entered into, but
I will tell you of one or two occurrences which took
place in the interim. When Mr. Beamish had no doubt of
e• Newenham having been received by the father, he was re-
• ceived by the family as the accepted suitor of this young lady,
• and he was in public treated and acknowledged as ber affianced
husband. On the night of the day he received the letter he
• went to a ball given by some officers, and he waited in the outer
et room until this lady came, and introduced her into the ba11,71'00113.
,71'00113. When she came he was congratulated by his friends,
esand he exhibited this young lady as his intended. On the Ist
he receive! the letter of acceptance from Dr. Little, and on
c-tbat day, or the preceding one, he applied to her to accept a
•••-string from him, which he had lately spoken to her about, and
tin -which some of her own hair was inserted. That ring he
- presented to here with the initials "G. N.," George Newen-
ham, and " 11. E. N.," for Henrietta Emma Newenham,
not " H. E. L.," Henrietta Emma Little. Now, gentlemen
. 4,f the iery, you will be surprised, as all the members of the
- family certainly and properly were, when I tell you what, after
te teek !Alm Gentlemen of the jury, ow the Sunday, having
. fixed Miiietay for the conference respecting the settlement, it
• ossae .alleged that he had investigated his affairs, for, on the
:Monday, instead of Mr. Newenham attending according to his
. , appoietment, his solicitor waited on Mr. Beamish, alleging
t het Mi. Newenham could not prudently marry, as his property
was not as ample as he thought. Now, gentlemen, I will tell
you what intervenes. After the alleged inquiry into the state
of his property, he treated this young lady in the same affec-
tionate manner as he heretofore had done, and asked her could
• -she content he self to live in a quiet and humble manner?
To which she readily consented, and he left her on thet
Sunday, with that knowledge then acquired, leaving her
utterly in the dark—leaving her under the delusion that he
would Ferform his compact, having succeeded in engaging her
' love, and having at the very time made up his mind as to his
subsequent acts. On the Monday, Mr. Noblett, his solicitor,
attended Mr. Beamish, and apprised him that under circurn-
stanceo Mr. NeNenhain was not able to perform his contract—
indeed that his funds and property would not permit. As he
represented to kir. Beamish he had a property of 600/. a
' year, which probably would he BOW., and on occasion of the in-
terview between Mr. Noblett and Mr. Beamish, Mr. Noblett
s.amish a statement of what Mr. Newenham's
party was, drawn up by Mr. Newenham himself, and in his
• h ttelwriting, he subsequently had an interview with Mr.
• '- Bearnish, when Mr. Beamish suggests to him what was the
asp repel- course for any man so situated to adopt, and suggests
that. even on Mr. Newenham's own showing he had
seffi.iiept means, and he says that at all events the proper
• - course to take, as appears to me, is to address the lady's
father, and leave it in his hands, and that Mr. Newen-
• im :pas bound as a man of honour to do so ; and if Dr.
" Little del net think the reasons sufficient to avoid the perform-
• ance of the contract, but that he thought Mr. Newenham had
= amide tattoos—means sufficient—and if he did not release him,
• he, as a man of honour, should not shrink. He left Mr.
Beamish under the impreision that he would write a letter and
leave Dr. Little to decide whether the contract should be per-
formed or not. On that very day these words were what I have men -
•'• tioned, and the letter I will now call your attention to, which
•• he wrote to Dr. Little, was certainly a more extraordinary epis-
''" • tle than ever I read. It is dated " Summer-hill House, Feb.
4, 1845"—one week after he proposes and is accepted—within
eit I one week after his application to the brother-in-law, when he
apprised him distinctly that the lady had no fortune; three
• '—' days after he received Dr. Little's letter accepting him; and the
• day after he receives the assurance of attachment from this
e.young lady, he writes this letter :
" Summerhill HouTiAtb., 4; 1845.
" Sly dear Sir,—lt is with feelings very from those