, 1879-04-20
BREACH-CF-PROMISE.,'
An Illinois Shoemaker in the English meh
Court of Justice.

| Efluay vs.. AVERY 03S Dceu LfleQ IN London be
fore Sir Henry Mauisty. one OF the judges d
the Queens Bench Division Of the HIGH Cout,
Of Justice. The plaintiff was bootmaker 4,
Batavia, H.; and the defendant was sptnste,
OF middle life, residing at Arnold Farm, Leeds,
near Maidstone, in the County Of Kent. The
defendant pleaded that reasonable time bad
not elapsed, aud that she was exoncrated and
discharged from her promise to the plaintiff hr
his refusing to join in q marriage-settlement-
Mr. Lyon WAS counsel for the plaintiff; III;
Kingsford for the defendant.
It appeared that the parties were acquainted
before theplaiutiff went to America, some nine.
teen or twenty years since, and be brought this
I action to recover the loss he had sustained
through the defendants caprice, and not for ha
! purpose of obtaining sentimental damages In
| 1878 he was carrying on his business OF boot
| maker in America, and was living ia comtorta-
BILE circumstances and In January Of that Yea.
the plaintiff, an 11iterate man, wrote to the de-
feudant. He addressed her as ssDear Matilda, y
and said:
| It's q long time since I saw you, but I ha,e
! never forgotten you. / wanted to saT
| something to yon before I left England, but wsi
| unable to do SO. A brave man can face lion IN
| his den, but he can't face lady. [Laughter.1 I
] have refused to marry till havc asked you. ask
| Can you love me? Do let me know 5000, Or nv
heatt at wl ill1bos osess. lLsashtssl love yoa
marry her, but said No, [Lauehter-l Wnta NE
HENRY WILLIAM FRIDAY,
In postscript be said, ~ don't know hos 10
tell you halt want to. I wish was BY Ipr
side to tell you all.' To that formal pro5a.l
of marriage the defendant wrote back inTth
fhotc xyoe nh l. = 'Hnn.
him, and at receiving his kind, wclcome Letter,
and was also much pleased to hear that hs VIZ
better, but that, it he could not stop IN En-,
gland, the acquaintance must be dropped. The
plaintiff, on receiving that letter, disposed ofaI
his property in America, and On his arrival hs
saw the defendant, who resided at Arnold Farm,
Leeds, near Maidstone. The parties agreed to
marry, and Monday, Oct. 2s, was named for the
marriage. On the Saturday previous the de-
feudant said that, before she would consent to
go to church, the plaintiff must cd NTH
her to Maidstone aud sign marriage @
did not like to SIGN papers about which
he knew nothing. The marriage was post
poned until the following day; but, the plaintiff
still refusing to sign it. the marriage was putof
sine die BY the defendant. The lady's e1tuss
was, that she would be d fool to marry without
first in her faEor,-she having, it appeared,
come into fortune OF 81. 150 upon the deathot
her mother. All, it was said, the plaintiff
claimed was the payment OF the expenses hehsd
been put to in coming to England. he .aska
$500. - .*;::
Henry ". Friday, the plaintiff, who was yay
deaf, had to be examined through his brothet.
in-law. Re said: formerly resided in Hines,
North America. where carried on the business
OF boot t.and-shoe maker. have been tWensy-
six years in America. I became acquainted
with the defendant before leaving England. I
came to England in September, 1878, and saw
her on Oct. !, following She offered to marry
me on Monday, Oct. p, and bought thaTea"
dings-ring. We were at first to go intoloaslnsss.
! did not buy the weddngg-cake.
Mr.. kingsfoTd: No; re paid for that. laugh
Examination OF plaintiff continued: On Ocl
rs the defendant first spoke OF marriagese!:
tlement. l knew nothing about it, and / r.
fused to sign it,. All was DretEY quiet on Sun
day, but on Monday she said she wanted me to
60 TO Maidstone about the marriages settlement
before she went to church. told her she was d
tooi, and that would not sign papers knew
nothing about. She said she would marry ma
the next day, whether slgucd or not. Id tbs
ycr, and on her return found her crying Shs
said her lawyer said she was fool for Eos hsT- e.:
ing maTrlage-settlcmeDt signed. On Tuesday :.
asked her when she would be ready to: 70 to
shurel', and she replied that sae would not 6c
married. knew nothing about her ,,oney, no ::
more than a child. had expended $50 in trnTet;
ng amt other neccssaries. -. p
Cross-cxasnincd: In October last had nos j.
seen the defendant for nineteen years. lwrote ::
9l1erlntgs her marriage. I did not know she bad. .
;ome INTO money On the death OF her mother.
II america sold off all my tools. She did rot :.
ell Inc that q maFriage-settlcmcnt would haTe ;.
o De executed before marriage. / oaly hean ::
II that on the Saturday. The defendant did not :.
ay, -. have signed the marriage-settlemcnr, "
'nd whenever you choose to sign it I am ready
no %11iinS to marry yoan When arrived y
Fas all had in the world. While was waiting
or the defendants answer to ray offer offered
Marriage to widow. II she Wis widow dlo :,
lot know It. It was all bit OF fun -aush- =
er.} wrote to her, "Dear Betsey-I am nos
Other witnesses we're called In support OF tne ::
PLAINTIFFS case. -s:~.2. !.
Mr. Kingsford, in addressing the jury for !. I
ne defense, said the parties had been sep !:
rated for nineteen or twenty years. ADOLF :.
our years ago the plaintiG met with an sc1- !;
ent oy being thrown out Vi . vehicle in Amer !:
q, whlcn had serious effect on his heatta' I;
nd, having heard from his sister THAT old blss.
Avery Was dead, and that the defendant hau
ONE 1cto her MONEY, lie made her oi1rfS os :.
1arriase, which she accepted, and was s,t1n
D carry cut on condition That the detenoaals sl
aould execute narriage-scttlement. ~
oubt the plaintiff thought 1t would 10 gooa
lung Il he could get tie defendant TO ma1i5
in Internationally. he being in q haa sta.e;M
ealth, by which means ne would be proVlos11i :.
or for life. Tile defendaut however, "ona
OF consent to that, but insisted OH o se!u1 ;:
.cnt, as she was perfectly justified IN doing
The defendant, in her examination statsu =:
ositiVely that her promise to marry the PHI PHI. !
II was made conditionalIy that there 6aou11dd a1d :.
C previous marriage-sett1enent sne tUa ~ =:
ae plaintiff on three occasions before ne uH u =.
xed for the marriage that her frieuds salu ~
as fool ii she married without scstleloen. ss: