DAMAGES AWARDED

Chronicle (Levin), 15 November 1946, Page 7

DAMAGES AWARDED

- Press Associo-tion

BREACH OF PROjillSE ACTIpN

An - TpJpnrnrih-

GISBORNE, Nov. 14. The suit by Ellie 'Noeline "Buseke^a. spinster, Gisborne, against Harold R»icll-, ard Heiford, in. which she claimed £1000 damages for alleged breaeh of promise to marry, was continue'd before the Cliief Justice, Mr. Justiee O'Leary today. ' ' " Plaintiff under cross examination admittecf it w.as in her interest undpr tlie circumstances th.at ther marriage did not proeeed. Even if defendant had lpst his aii'ection for her 'vrlule a' prisoner' oi war under circumstniidPs oVer -which he liad no control, and even .if the amount of the elaim represented the whole of , his asse.ts in the world, including his gratuity account, she would Stiil desire lo recover that amount'. She denied that her mother iiifluenced her decision to sue. Her mother had not abused defendant over the phone. . -

Giving evidence of p,ncastry, plaintiif said her grandfather was a German Pole and grandmother an Austrian, the former having been 66 years in New Zealand at the timo of his death. Two of her cousins served overseas in thc second World War. Defendant, a prison oflicer employed at Waikeria borstal institution, To Awamutu, admitted having become cngaged prior to 1ns departure with the Coronation Gontingent. lle had insuflicicnt money to marry between 1937-40 and there was a mutual agreement not Lo marry until he was in a iiuancial position to do so. Before tlie war brokc out it had been decided that they would. marry at Easter, 1940: He eulisted ou tlie day war'was declared and left New Zealand with the iirst echelon in Janu ary, 1940. Witness admitted that the letters read in Court were normal let Lcrs betwocn an eugagcd couple. Hc was away for six years,. i'our of wliich he was a prisonor. During the years he i'ound his aii'eclious slipping away and .they completely disappeared. His nerves sufL'ored and he put tlie problem to the camp padre. He worried tliat his aii'ection i'or liis girl had gonc. The camp medical oilicer had said that, with a roturn to norma! diet, many of prisoncr's complaints would disappcar. His weight dropped to 101 stone. Hc continucd to writc iu tcrms of affoction becauac hc i'eit that if his condition iiuprovcd he would be able to resume relations with his iiancee after release. lle saw the camp padre and was advised to writc to plaintiff during captivity. He thouglit that the tifl's wliich occurred during the engagement miglit have been caused by arrogauee- in eonsequenee of her ancestry. At the -meetiug wit-h plaintiff in Wellington, plaintiff 's mother Ihreatened to have his name dragged in the dirt and through every newspaper in New Zealand to such an extent that he would be unable to obtain a position anywhere in the country. Plaintiff had told hini lie could consider himself f'ree. A v'drdict favour of plaintiff, awarding her |||j3^piages, was return ed by' tff©: jurj?1^/fter,'%i hour's consid eration. '.,.-7,