The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1847-11-04
(From the London Depatch.)
LOVE AND LAW,
CASE OF BREACH OF PRoMlSE-A LADY THE
DEPENDANT 49,

ETHEL o. MEREpITn-Th an action brought
10 recover compensation in damages Tor breach oil
promise of marriage. Mr.. Whitchursi, IN stating the
TO the Jury, sad, the painiif Mr. stephen Elm
el was an upholserer and dealer in furniture carry
ing on business in Ann street, Birmingham, ana the
defendant lady residing with her brother III the VII
lage Of Yardley, near that town. Inc action was
brought TO recover damages for breaking promise
of marriage without any reason being assigned ior
the non-fulflment Of her engagement. Inc parties
were not acquainted with each other until the July
of last year, when an intimacy was formed at the
house of Mr.. Thomas Ethel, nephew of the plain
tiff. Mr. Stephen Ethel was widower of the age
of 45 years having daughter about 81 and defend
ant Miss Meredith was about 30 From this IL
would be seen that there was no great or improper
disparity of age The defendant, US he had stated,
resided with her elder brother After acquaintance
of some few weeks, an attachment sprang up be-
tween the parties, and Miss Meredith intimated 10
Mr. Thomas Ethel, the nephew, that she contem-
plated marriage with Mr.. Stephen, his uncle and
requested that he would communicate with her bro
Their on the subject, He did So The brother of the
defendant ut the time, approved of the connection
between them and il subsequently arranged tha,
the marriage should take place in the month of Oc-
tober. The defendant provided her marriage clothes
and the plaintiff proceeded to make necessary
rangeinents for the nupals. A short time afterwards
Miss Meredith declined to fulfil her promise; and
when requested to state the grounds of her refusal
she said in the FIRST instance, that her brother would
not give his consents and then, again, that the plain
titi too old, and she did not like TO marry man
of such an age,
With respect TO the plaintiffs age he (Whitehurs)
presumed she knew that at the time she entered into
the engagement, but 1t was evident there was some
thing behind.
The plaintiff, in consequence Of the conduct of the
defendant had been the object OF dersion and laugh
ter, and thought that under the circumstances, he
could do otherwise than bring the subject before
a Jury Of his country. The defendant had simply
pleaded that she had not made any promise. That
would be seen by the evidence he (AIr. WhitehursO
should produce.
Miss Meredith had secured the assistance Of his
learned friend, (AIr. Humrey.) His learned friend
would ask them what wounded feelings man OF As
could possess2 How it was possible that he could
sustain damage by the loss OF matrimonial con-
nexion with a woman Of 30? Every case must,
however, be Judged by its own merits The plaintiff
did not ask for extravagant damages; but although
mans feelings were not strong those of
woman, still he had his feelings and, when injured
and wounded, as they were in the instance now be-
fore them it was the duty Of the jury to award rea
sonabe damages.
Mr.. Thomas Ethel upholsterer, of Birmingham
examined by Mr.. Miller.-He was acquainted with
Miss Meredith. She was on visit to their house
last summer. MIR. Stephen Ethel visited there, and
he and Miss Meredith became acquainted The plain
tiff became attached to her. and Miss Meredith re-
ceved his addresses favoraby. He continued his at
tentions. AT the Musical Festival in August, Miss
Meredith was on visit to the plaintiffs daughter,
who is 81. The plaintiff is from 40 to As, and the
defendant full BOT During the time the defendant
was on visit TO the plaintiff the told witness tina,
she was about to marry the plaintiff and that Their.
was only one obstacle, that was her brother. She
requested him TO speak to her brother on the sub
Ject Accordingly, one night at supper, after they
had been at u meeting Of the Church Pastoral Aid
Society," the witness addressing the defendants bro
ther who was present. and In reference to the init
macy then existing between the plaintiff and defend
ant, said-"You see how comfortable they are alto.
gether Qaughter)- the time to speak (continu
ed laughter)-if you have any doubts, now mention
them" Defendants brother said he had none, anc
he was quite willing If they were.
Mr.. Miller: "What did you do thenl"
Witness: al got up and said, God bless you both
together" Loud laughfer.)
Mr.. Miller: "What did the brother say?n
Witness SO say l." (Roars of laughter)
II was afterwards arranged that the marriage
should take place in October, on the plaintiffs birth
day, as both birthday md marriage might then b
kept together. Great laughter.) Subsequently tn
defendant said it would be rather too soon and tn,
day remained unfxed don't know that my unc,
had EDO out of the poor girl for her wedding clothes
believe two other actions have been brought arsina
out Of this affair. No. /, for an assault; No. . fol-
ISLANDERS and, now No. B. Tor breach Of promise o.
marriage. do not know that the girl is of weak in.
tellect, or different in mind TO other young women
She has, believe, some property.
Mr.. Humrey; Il thought sou
Mr. Harriets Ethel was present at the meeting al
Mr.. Stephen Etheis, when it was agreed that iii,
marriage should take place on the 23d Of October
but afterwards the defendant said it must be littl,
either before or after She afterwards told witness.
she must give II up, as she had no peace at home
This was IA week or two after the festival; il wa.
before the time fixed for the marriage That was IN,
case for the plaintiff.
Mr.. Humrey then addressed the Jury in a mos
humorous and effective speech.-When the acouaint
ance, which was the foundation of the present nc
ton, became known, defendants brother, with whom
she resided assented to it subsequently he withdrew
his consent, and his sister, like good and pruden
GIRL refused to ally herself TO this old man, who hat
cmid almost as old as herself. Till the end of Jul,
TINS old fellow had never known the poor girl. III,
INT iuinrey) wondered that the old bloc khead WA
not ASHAMED TO parade his disgrace before court
justice. His nephew proud Ut his respected un
Gle as school-ellow how proud Of him he must b.
as plaintiff ina of breach of promise of mar
mage! (Laughtor) He never remembered in hi
practice OF reading, case in which man brouph
an ACTON against woman for breach of promise q
marriage, IN which the action was not dictated b,
cupidity. Was it likely that such marriaec woult
ever have been happy MARRIAGE He asked them
as iathers ana brothers, having wives and sisters
whether they would by their verdict sanction s,cl
an action! The plaintiff had come there to get mo
ney Out OF the pocket Of the defendant, which h
knew he could not get by marriage Her friends ha,
lnteriered TO prevent that abomination. He (Mr
Humrey) admitted that ii a promise had been mad
and broken there must be verdict for the plaintiff
but he hoped for the credit of the country. il wou
be Of the smallest possible coin known in the circu
lating medium of the realm--that would be hun
dred thousand times more than he deserved
Lord Denman supposed the Jury would agree viii
him that there had been promise and that il ba
been broken. The only question: therefore, was n
to the amount OF damages. He need not aroubl