The Portland daily press., 1867-11-16
E.s,aer non, Augussa.
Supreme Court Interesting Breach % PROMISE
Suit.
AUGUSTA, Nov. 10, 1857

Supreme Coart Interesting Breach % fr0''s'se
Suit.
AUGUSTA Nov. 10, 1867!
| To the Editor of The Press:
tannebec's forum OF justice is crowded to
| ;ts utmost capacity this morning. "Bardell q.
| ,,;cl wick." which your correspondent predict
a.; for trial at the August term OF our court,
has at last been reached. Miss Eleanor Law
renee, a "lovely and accomplished" daughter
of Gardiner. aggrieved by the conduct of l..
Draper Cook, of the same place, has come np
to this palladium of legal rights, asking from
ajury Of her peers" that redress for injured
affection which the defendant has denied her.
The expectant throng, gathered from Gardiner,
Hallowell and Augusta, is composed of the
witnesses on both sides, numbering about one
hundred IN all, the friends and aequaihtahces
OF both parties, comprising m. ny OF the ettee Vi
the three cities, and the horde OF iuie anu GU
rious eaoer only TO see what sorry inquire
Crn;d will make in a court of justice. The
crowd ;s laroer than has before gathered in the
co,rt room for twenty-five years. The plain
tiff claims $4,000 damages. tlE
The writ contains two counts The firstsets
out with technical formality, "a mutual prom
Use to marry, in the year 1855, the Willingness
of the plaintiff to fulfil her promise at all
times and especially in 1860 and 1861, her
consequent refusal to contract matrimony with
any other man whatever, and the contrvine
of the defendant to injure and deceive her by
refusing to fulfil his promise, and by marrying
another woman on tie 18th day of December
1866. The second alleges another promise in
A hn r,la
The writ is dated January so, 1866. l.. Clay
and A. Libby appear for the plaintiff, Gen
Shepley and G. c.. Vose for defendant. The
specifications of defence set up are, absolute
denial Of the promise, a release from any prom
Use he might have made the Statute of Limit
alton THAT more than six years had eapsed)
and the Statue OF Frauds Chat the contract
was not to be performed within one year and
therefore must have been in writing). al stre
Ms. Clay commenced the opening argument
for the plaintiff al a quarter before ten this
| morning. This was not disreputable but d
meritorious kind of action. 1t was the only
redress to be had under our laws for the kind
of injury sustained by the plaintiff. The con
tract To marry was a solemn and sacred one
and should not be violated except for The most
weighty considerations. There was mate
rial difference between our laws and those OF
other countries, in relation TO the penalty
attached Ia the violation of such contracts In
some countries specific performance of the
contract was compelled; in others the party
violating such contract was disabled from
marrying any other woman, and his goods
were confiseated. By orr laws there was
nothing but pecuniary redress; and it was es
peciaily fitting thata party should come before
n tribunal Of justice asking compensation fol
the breach of n contract upon which the high
est interests OF society and of civilization de
pend. Mr.. Clay then proceeded to give brie
history of the courtship, extending over a pc
| riod of more than ten years. The persisten
attentions of the defendant, the declaration o
love and the absolute proposal and the accent
ance Were all recounted. The arrangement
the reconciliation, and the renewal OF the
promise with intensified earnestness, were al
SO reviewed. The nature of the injury to the
| plaintiff was then graphically depicted; how
| it had fed on her damasl cheek, and sht
| doomed to lite of solitude and celibaoy.
| was an able and impressive address. At the
| close proposition for 4 reference was made b.
| the. defendants, bnt was not accepted. TIL
/ plaintiff and her witnesses are being sworn
and the mail is going, More anon.