The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-20
Breach Of Promise Of Marriago-A CuriOusly
Interesting Case.

Interesting Case.
In the Court OF Exchequer, London on Wednes-
day, November an action for breach OF promise Of
marriage-Payne Va. Smith-was heard.
The plaintiff, Ann Payne, said she was hfty-hve
years OF age and refused TO acknowledge f1fty-nine
She had been Tor good many years, according to
counsel's opening, housekeeper to Mr.. Berry o
married man. living near Hemel- Hampstead; but in
animation she admitted that she did all the
household labor, and was In manner "a servant Of
all work. The defendant, James Smith, had been
q blacksmith IN the same town, and had reached the
age OF seventy. i've. 1t seemed that he was still
bachelor and that as regarded means, he was pretty
well OF, owning farm OF about sixteen acres, and
having 81, 900 or e.. 900 In the funds.
When the plaintiff was introduced to the Jury as
the '.afIanced bride" there was much laughter,
the "brdegroom.n who hobbled into court with
great difficulty, with one hand enveloped In large
piece OF nannel, and supported by sling. The
plaintiff said she was the daughter OF master shoe
maker, and her mother now kept country post
office. Nineteen years ago, when she was living
next door to The DEFENDANTS house, the defendant
promised her marriage. He asked her whether she
would have him. and she said yes" He kissed her.
Once she asked him why he did not keep his pro-
mise, and he said he did not like to offend his brother
and his brothers. wife, and that he would marry
her until they died. She had been with MIN In cot
her money and presents-fowl and eggs some.
tunes, but seldom. At different times he had given
her sums amounting to twenty pounds Mr..
Berry, in whose service she lived, died fifteen or
sixteen years ago. and she then went to live with her
mother. Her wages were fourteen pounds year.
within the last four five years she had not seen
the defendant very often. Last summer she asked
hum why he did not marry her, and he said that he
was too old 10 marry: that he had got housekeeper
who suited him very well, and that he did not wish
to make any change. Some years before he said he
would never have one else but the plaintiff, ana
she replied ~ never viii have any one else a. long
az you i've"
Mrs. Dickinson, widow, residing at Kensington
Park road, ssid:-In June last she went to the de-
PENDANT and asked him why he did not marry Ann
Payne. He said he must break of the connection as
he did not want to marry. She replied that Ann
Payne was not likely TO get settled at her time
OF iife and that the least he could DO was
to have her as housekeeper. She also told him
that the plaintiff would not let the matter drop.
In cross examination the witness said that on the
occasion or the interview she served the writ In this
action upon the defendant; she went down to
Hemel-Hempsead for that purpose. The clerk OF the
PLAINTIFFS solicitor had got offices temporarily IN the
house.
Mr.. Sergeant Robinson submitted that there was
no case to 70 to thu jury.
MIR. Baron Martin said that the act OF Parliament
required the corroboratve evidence, and he thought
that had been given by the sister.
The defendant was then, with considerable diff
Guilty, got into the box. He was very deaf and the
questions had to DO repeated by the usher IN loud
voice close to his He repeatedly denied that he
had ever offered the plaintiff marriage.
The Jury, alter celebrating for short time in the
box returned . verdict for Ino plaintiff. Damages
fifty POUNDS.