AMUSING DREACH OF PROMISE CASE.

Auckland Star, Volume VI, Issue 1677, 3 July 1875, Page 4

AMUSING DREACH OF PROMISE CASE.

An action was tried before Mr. Justice Grove in the Court of Common Pleas, on A mil 20, in which a young lady named Marian Fairs sued vir. Alfred Fitch for breach of promise of marriage. The defendant denied the promise.

Mr. W. Wright, in opening the case, said the plaintiff was a young woman now about ' 28 years of age, the daughter of a small farmer at Bsmfoid, iv Essex. In 1867 she entered into the tervice of Mrs Fitch, who carried on a ch^t-monger's business in Queen's-i(«ad. Bay water. Heronlyson, the deftmant, lived with her and managed the bus-ii ess, for which he received a salary of £3 a week, in addition to bis board and lodging. Vt-ry soon the defendant began to show the plaintiff attentions, and this having gone on for s m^ tjme, tho defendant asked her to become his wife, and they became engaged. The courtship lasted from 1567 until January last year, when it was broken off. No less than 164 letters had passed—(laughter) —some funny,|some grandiloquent, and some eminently religious ; but he would not waste time by reading more than a few extracts from them. The first letter was dated June 11, 1868, and commenced thus : —

My darling Marian,—Shall I write to say I love thee ? No ; that is what thou knowest so well, and what is more, I know thou lovest me more than ever I can tell. While my heart is warm with love, h oping, fearing, longing for thee, My own to be. Thou spotless dove. I never knew that I could write rhyme before, but I have managed to put this together, I suppose through my strong feeling towards you. After some more of the same sort the letter concluded— Believe me, my darling to be, yours lovingly for ever, Alfred. 8f Again, on August 6, he wrote :— My darling Marion, —As I felt rather lonely, I went round your way last night, and when you went up stairs I went down the mews, in the hope of just catching a glimpse of you ; and these thoughts occurred to me :— I see the shadow on the wall, and knew it is my Polly, And guess she is thinking well of me, who's here for love of Polly, Ah ! now I see the light put out, of that I'm rather sorry. No matter; I'll go home and dream about my • darling Polly, (Loud laughter.) Mr Justice Grove : That was in consequence of the Mews, I suppose. (Renewed laughter.) There were many other letters of the same kind, one or two of them of a very religious character ; and so late as January 25 in last year the defendant concluded a letter to th 3 plaintiff in these terms—" Believe me your affectionate sweetheart, Alfred," and yet four days after he wrote a cold and heartless letter, breaking off the engagement which had continued so long.

Mr L. Smith addressed the jury in migifcation of damages, asserting that, the defendant was not in a position to pay damages, nor in fact to support a wife.

The defendant himself corroborated this statement, and said that he was now in the employment of a cheesemonger at Newington Butts ; his salary was 34a. a week, and he lodged with his mother, and paid her 245. a week. He had on bis father's death come into possession of £100, but that bad been spent upon the family necessities. He had now not a farthing beyond the 345. a week. In cross-examination he said that he had once the greatest affection for the plaintiff; and being pressed as to his present feeling towards her, confessed that after the present proceedings he bore her the greatest hatred. The jury found a verdict for the plaintiff— damages, £105.