The herald., 1913-01-30
A Breach of
Promise Case
By F. A. Mitchell

| ings toward you, but she has decided
to pursue the profession she has been
studying under my tutclagc. We are
a race of lawyers, and my daughter in
heritS the family inclination. After
giving an affirmative answer To your
suit she fell 10 considering that mar
rage would necessarily prevent her
following a legal career"
1T seems TO me. judge, that this is a
case of breach of promise. |, too, have
inherited legal instincts from Il long
line of juristS. My great grandfather
was an associate United States justice.
my grandfather was an eminent crimi.
nal lawyer
Enough. You enter a charge against
my daughter of breach of promise.
You shall have an opportunity To sub
Stantiate it and she to plead
The judge called a maid and told her
to ask Miss Margaret To step into his
study. The lady came in, somewhat
surprised to see Mr.. Tanning there and
curious 10 know why she had been
summoned.
My dear" said her father, Mr.
Tanning charges you with breach Of
promise. | do not understand that it
is for the purpose of claiming dam
ages, but | cannot allow you to treat
any one unfairly. What have you TO
say to the charge Of accepting him and
then throwing him over?"
Il plead not guilty"
Every we'll. Now, Tanning, you may
proceed to state your case"
MY attentions TO Miss Margaret
have been noticeable and noticed by
our mutual friends for months She
has accepted various trifieS from me-
especially gifts of flowers, indicating
that my attentions were agreeable to
her. Last evening | called upon her.
We We're sitting in a coZy room in this
house before fire of blazing logs. An
aroma of the last lot of cut flowers
sent her, arranged in a Dresden vase
by her own shapely hands, pervaded
the apartment. The CHEEKY freight
contrasted delightfully."- with the winter
gloom without. We sat side by side
on large
Il objectw cried the lady.
'The objection is not sustained" rul-
ed the judge.
Nevertheless I prefer to respect the
defendants Wishes" said the plaintiff.
II will omit the rest of what happened
except so far as it pertains to the law
of contracts. | then and there asked
your daughter to be my wife. Her
head sank
II object again. cried the lady.
The plaintiff states in one breath that
he will omit what happened except as
to a contract he claims to have been
made and in the next breaks his prom
ise."
II beg the defendants pardon" con
tinued Mr.. Tanning. What occurred
was the delight Of my life. l was in a
whirl of joy
"Yes, yes" interrupted the judge.
The court understands all that. He
has been there himself, though many
years ago. Please confine yourself to
the contract"
Your daughter, her beautiful face
buried against my breast, whispered
Yes"
There were few moments of silence,
when the judge announced TO his
daughter that he was ready to hear
her defense.
Your honor" she began-"I mean
papa-I base my defense upon that law
which has protected many a minor I'm
an inheritance, the law against exert
ing undue influence upon a testator
Mr.. Tanning sought to deprive the no
bic profession Of the law Of my lifes
services. He took advantage Of our
pleasant surroundings, the cheerful
freight, the aroma of flowers, the lux
urious sofa
CHAIR" interrupted the plaintiff.
"Will you protect me?' cried the girl.
appealing to her father.
Another such interruption" said the
judge sternly to Tanning, land l will
fine you for contempt"
II claim" the defendant proceeded,
that Mr.. Tanning took advantage of
these surroundings to unduly influence
me to bequeath myself to him instead
Of my natural heir, the law"
And | claim" urged the plaintiff,
that in giving herself to the law the
defendant disinherits her natural heirs,
a husband and children, besides wreck
ing the life Of myself, the plaintiff in
this case"
A silence followed these words, which
were spoken with great depth of feel
ing. 1t was broken by the judge, who
asked Of Fanning:'
"Do you desire to enter any rebuttal
Of my daughters statement"
mo, your honor. | rest my case,
which / have summed up in my last
words-that if the contract is broken
it will result in the wrecking of my
life"
Il reserve my decision" said the
Judge. The court will take recess
for half an hour. at the end of which
time the decision will be handed down."
He retired from the room. leaving the
plaintiff and defendant together. In
exactly half an hour he returned and.
seating himself, appeared to be fran
ing what he was about to say when
his daughter spoke:
You needn't trouble yourself, papa.
The case has been settled out of court"
AL