SUPREME COURT.

Evening Star, Issue 3481, 20 April 1874, Page 2

SUPREME COURT.

CIVIL SITTINGS.

Monday, April 20. (Before His Honor Mr Justice Chapman and a Common Jury.)

BREACH OF PROMISE OF MARRIAGE.

Forrester v. Darling.— This was an action brought by Margaret F. Forrester, spinster, who sought to recover from Johu Darling, civil engineer, the sum of L2,0C0 tor breach of promise of marriage. Mr Maoassey, instructed by Mr Harris, appeared tor the plaintiff, and Mr W. D. Stewart for the defendant.

Mr viacassey, instating the case fer the plaintiff, said tho present case was not calculated to gratify any feelings of curiosity, nor would it provoke any amusement. Any gratification of that kind, or the perpetration of those jokes, which would refute Sydney Smith’s calumny as to the people who came from tho north of the Tweed, Mr Stewart would favor the jury with. The plaintiff, to use the words of .vir Holloway at the Masonic Hall the other evening, was born of “humble but respectable parents.” Her father was manager of a calico factory in Glasgow, and died in 1857. Shortly after, his widow and four daughters emigrated to Otago, Theii orother had been here some time before, having been settled here some twelve monthsearlier. Mrs Forrester continued here until dve or six months ago, when she died. He woull now pass from 1857 to 1867. Ihe family then went to live in Hanover street, and one of their acquaintances was a Mr Butters, then chief engineer of the Lorn

Ashley, and now holding a similar position in the Taranaki. Butters introduced Mr Darling, the defendant, to the Forresters, and it happened in a short time that the former was left out in the cold, his plact being filled by Darling. He (Mr Macassev) did not for a moment insinuate that Butters was bent on mar.nmony when ne visited the Forrester family. At all events Darling speedily announced his intention, and before long was the accepted suitor of the plaintiff De did not require to trouble the jury with the billings and cooings of the happy couple, because they extended over a considerable

number of years. No sooner was he,accepted than he placed himself on terms of perfect ease wLh the rest of the family : called Mrs borrester “mother,” and her daughters by their Christian names, and it would be shown in evidence, by defendant’s own le-iers, that he accustomed himself to speak of' the plaintiff as his “ Dear Maggie. More than that, it would appear that in Marph IBBB—the intimacy having commenced in 18ii7—Darling went to Mr Hislop’s, jeweller, and procured from him a ring, on which he had engraved, “J. D. to M. F.” It would be shown that, with the prevailing vanity of the age, he from time to time presented Miss Korrester with photo graphs. The fulfilment of the engagement between the parties was deferred from time

to time, upon the suggestion of the defendant himself, and for causes which at the time appeared perfectly reasonable. The ring before alluded, to, when purchased, was presented by Darling tq Miss Forrester, and given to her in the presence of her sisters the defendant saying, “.Now Maggie, consider yourself as good as married.” When afterwards the solemnization of the marriage was referred to, defendant put forward the strange reason that he had not amassed

sufficient to marry upon. He spoke about being worth LIO.OOO or LII.OOO, and said he should be worth L 20.000 before he married. As appeared hereafter, he forgot the old * 3 better to be off with the old love before you are on with the new.” It would appear that, in addition to this’ one string to his bow—the plaintiff-he had another string, and some additional minor strings. In March 1872, Darling having been dowusouth, returned overland, and, gettingoff the coach at the Taieri, went to Mrs Forrester’s house at vosgiel, where the latter and Miss Jauewereresiding. Miss Margaret being then eraployedin Dunedin. He stoppedtherela night and the following day. He was mani tesuly under extreme excitement, and told Miss Jane that his conscience had been troubling him for some time; but he had made up his mind to unburthen himself. He then told Miss Jane that during the live or six years that ho was the .affianced lover of her sister he had carried on an adulterous intercourse with a married woman named Watson, by whom he admitted having had several children. Mias Charlotte was sent for, and after talking the matter over with her. he made the meat abject and humiliating apology a man could possibly make. He promised to send the woman and the child-

r«n away, and tha relations between him and Wit-8 Forrester were not interfered with. In July, 187 2, Darling went, and although he promised to return and marry Miss Forrester within a year, two ■> ears had sinceelap.-ed, andhe hadnotfuifilled bis engagement. The second string to his bow and the minor strings went Home in March, 1873, in the City of Dunedin shortly after he got Homo he wrote to Miss Darling, in these terms

. _ Glasgow, November 19, 1872. Hear Maggie,— I have no doubt but that you will be disappointed in not having had a letter from me before now, but I have purposely delayed writing you until I reached Glasgow, thinking my letter would savor more of Home; and in fact 80 ? as there is scarcely a same on any principal street but what is <juite fantflfarTo Jh'e fxtfm hfc&rSn'g £h'wa dftelj

talked about in your family, especially by Jane. I hare seen a great deal since reaching Home, having visited nearly all the seaports in England and Scotland, on business purposes ; and although I have not succeeded in getting anything suitable for our wants in New Zealand, in consequence of the gambling state of trade, I have nevertheless picked up much knowledge that miggt bo useful to me in time to come. Judging from present appearances, the prospect is that it will take me many months to complete the mission I have undertaken for the H. S. Company, but I feel myself quite competent for it now, however circumstances may operate against me. In the hurry of leaving, together with other annoyances, I neglected to cancel the mortgage on your property that exists in my favor. I enclose a memo, for Mr Hoodie, who has a power from me, and will write it off at the Registry Office, if you desire it, and I shall be glad if you will accept the debt as a very poor consideration for the many kindnesses I nave

experienced from you and your family, under circumstances so ill-deserved—and should never have taken place if I had been capable of judging between right and wrong. It was the enormity of my wickedness that maddened me, being naturally weak-minded, which I cannot help. I elected to practise a life of deception, without even considering the inevitable result of sadness for past, and not a very bright prospect for the future. Whatever the consequences may be, I hare determined to legalise if I can my poor unfortunate children. I will move them away from the ban of reproach, and to provide for them I must. To do it, I must labor, no matter where. I have been robbed by presuming friends, and serves me right too. It hath brought me to a sense of humiliation : with it a desire to right the wrongs committed. If I should forfeit the good opinion of those that are dear to me, I trust ~you will not |misinterpret my feelings when I say with a sad, sad heart, that however you may regard me, I can only think of you and your family as the dearest friends I ever had on earth. To be more is impossible. The cause is manifold. Yours sincerely, Jokn Darling.

In this letter he spoke of legitimizing his children ? but it would be proved that that could not result under the circumstances, even if he married the mother; while if he did marry the latter he would render himself amenable to the law against bigamy. In January ho again wrote to Miss Forrester : Glasgow, January 9,1873. Dear Maggie,—l wrote |you.on the 20th November. Since that time your favor of September 23 came duly to hand. To say that I was pleased is a too common expression for the pleasure your truly sensible letter gave. I felt a sort of homely sympathy in reading it over, which was quite refreshing. It gave me joy to hear that you were all blessed with good health, which I have had a fair share of since

leaving New Zealand, notwithstanding the miserable weather that hath nearly approached a second deluge in this country. I think it would be to the place a great gain if submerged for twenty-four hours. Family coals selling again at L 3 per ton, and the poor actually starving for want of them, owing to the colliers having struck for 10s per day. I have no patience to write about it. I confess I love my country with all her old and grand associations far better when 16,000 miles away. That was what was said by all Scotchmen.

No doubt I feel the existing strife between capital and labor the more keenly as it hath operated against me in a business point. I presume it is the great difficulty in carrying out engagements that creates an indifference most noticeable in Scotland, in accepting orders to be completed in a fixed time. It is certainly not the Scotch charapter to let anything pass to his neighbors if he can help it. He (Mr Macassey) quite agreed with Mr Darling. I have to thank you for your expression of sympathy for my unfortunate connection with Bennett and Co. “You say you cannot understand however I trusted such a man, &c.” It is just another example of how incapable 1 dm of understanding myself. The want of wisdom and consideration having the means by a sort of chance without the prudence and selfrdenial to guide me. I never knew a woman more capable of understanding me better than yourself. I wish my virtues had preponderated for your sake. The old devil keeps tempting me still Who the old gentleman referred to was Mr Stewart, who was in his client’s confidence, would explain.

I have investigated Spiritualism to some extent ; believe it humbug, although the phenomena are wonderful and causes unexplained. Hoping you had a merry Christmas and happy New Year, with love to all from yours ever sincerely, John Darling. The learned counsel concluded by calling on the jury to award the plaintiff exemplary damages, The following evidence was given :—. Charlotte Forrester : I am a sister of the plaintiff. • I have two other sisters—Rebecca and Jane. Two years after our father’s death in 1863 my m- ther and I came out to the Province. We had a brother here before, My other sisters came out two years after us. My mother died in October. We came to lire in Dunedin—at Maori Hill—in 1862. Two years afterwards, or a little more, we lived in Hanover street, and resided there five years. Sometimes five and six of ns lived there. Margaret was in the employ of Mr Kirkpatrick as a milliner, I had .machines and worked at home. lam now employed in Brown, Ewing, and Co.’s. I know Mr Butters, who, when we lived in Hanover street, was chief engineer of the a s. Lord Ashley, and is now chief engineer of the Taranaki. I knew Mr John Darling, the defendant. He paid his first visit to us in Hanover street about a year after we went to live there. He knew my sister before this. He met her coming from her business and walked home with her. Mr Butters in-

troduced him to us one evening at the foot of High street. Six mouths afterwards the thing was changed ; Mr Darling brought Mr Butters down to our house. I first saw the ring produced when Darling put it on my sieter Margaret’s finger. This took place in our house, about six weeks before he finished the 'Wallace. He said, “Now, Maggie, you are as good as married.” I did not notice which finger he put it on. He had the inscription “J. D, to M. F.” put on before he gave it to her. He told me that he thought it was the greatest honor that could bo done him to admit him as a member of our family j that we were to treat him as a brother, and conceal nothing from him. His attentions were paid to Maggie. The photographs produced of his nephew and niece and himself were brought to us by him and given to my sister. After he established his footing in our house he used to call mother “Mother,” me “Charlotte,” my other sisters by their Christian names, and we called him “ J jhn.” I first understood the relation between him and my sister when ha said we were not to conceal anything from him. He appeared vexed if I would not tell him of things that

raxed me. I was not present when he “popped the question.” After the W a ll aca was launched he went on board the Geelong at Port Chalmers. When employed about the Wallace he came to the house every eight; when on the Geelong, every eight days. Hp was two years at the Port, i mrmg the fire years he was always looking after this or that house, but said he could never get a piece of ground to Suit him. He often told us about his means : spoke about them the first night he was in our house. Before he went away that night he said he was worth LIO,OOO. In November 1871 we all went to live at Moagiel. .Darling left the Colony in July 1872. When we went out to the I aieri he was at Nelson. We did not expect him till the early part of the New Year, but he came back in December just before Christinas. He chine out to she my i

sister on the Thursday after he arrived. la March, 1872, he returned from a trip from the South. Up to that time there bad been no unpleasantness between him and my sister, or between him aud any other member of our family. The signature to the mortgage produced is that of my sister Rebecca. I was present when Darling paid the money t° , M y s ’ ster Margaret was not present. In March, my sister had taken a situation at Brown, hwmg and Co.’s, and I came into town to stop with her. In that month Rebecca came into town for me and I saw Darling at our house. Margaret went out the following Saturday. When I saw him he was in a great way, tearing his hair, &c. He asked me to go out with him, saying that he wanted to speak with me. He then asked me to intercede for him with her, as he could not look her in. the

face, because of the way he had deceived her. Ho assumed that I knew what he had been previously telling my sister. 1 promised to do what I could for him. He further said ha would do all in his power by kindness and by being everything that he should be, to make up for what he had done. I asked him how he came to do such a thing, and he replied that ho had been led on from time to time, thinking that we would never hear anything about it. He did not say much more, because he was such a state of remorse. On the Saturday when Margaret came out, I broached the subject by saying, “John, Maggie knows everything ” He replied, “ Yes, and it is a black job ; but I will do everything to make up for it.” He promised to put the woman out of the way—money was to be given her-that he would probably have to go away to allow the scandal to die away and the marriage between him and mj sister take place six months afterwards. Nothing was

then said about the woman’s name. vVe then went into the house, and told mother what had been arranged about the marriage. Mother knew uoi hing about the woman until after Darling sailed for Home in June or July. He visited our house every week till the time of his leaving the Colony. I saw him for the last time about a week before he sailed. He said the failure of Bennett and Wedderspoon had put him about; that he had only intended to be away nine months, but he would not be longer than a year j that on his return then he would at once marry Margaret and settle in Dunedin. Darling was ill while at Port Chalmers, and my sister went down to see him. Ho also

stayed three weeks at our place at Mosgiel when ill. The letter produced, dated Novem- | )er x l?' 1871, is by Darling. It is addressed to Miss M. F. Forrester, and commences with “Dear Maggie.” That dated 9th Jan., 1873, is also signed by Darling. It also commences with “Dear Maggie,” and winds up with ‘Yours, sincerely, John Darling.” My sic t ir was laid up—confined to bed, with a doctor attending her—for nine or ten months after the receipt of the first letter. She now sews at home. She is two years older than I. By Mr Ste wart: Mr Butters only called as any one might do ; he came from Glasgow, and was a fellon -townsman. With Mr Darling the case was quite different. The latter was engineer on board the Golden Age when he came to see us. I did not pay much attention to his remark about possessing LIOjOOO. He spoke very plainly to my sister rom the very first. I never knew of his acquaintance with that woman till the day at

Mosgiel. 1 never borrowed money from him. The mortgage was given because Rebecca would not take the money without giving aecuiity. The property belongs to her. I-he never got a farthing from Darling for the place. I had a high opinion of Mr Darling, but not after his “confession.” My sister was still willing to have him, with the advice of her family. Whether I would believe any statement of Darling’s depends on its nature. If Darling solemnly declares that there never was a promise of marriage—> (Mr Macassey objected to the question, which was not pressed.) He told me of his connection with Bennett and Wedderspoon • he assisted them, and was a sleeping part-

He also told me that he had to pay their debts. The letters produced are by'my sister. I have not seen them before. I dare say she kept copies of them. Mr Stewart; Here is an extract from one of them ; “ Amongst the many letters which you are likely to receive, one from me will not surprise you, more especially as you ex* pressed a desire to hear from us when you are far away.” Bo you think if your sister had been engaged to him she would have ad* dressed him in that apologetic tone !

Mr Macassey objected to the question, the object of which, Mr Stewart explained, was to test the witness’s credibility. His Honor : Am answer one way or another will only affect, to a certain extent, her judgment, but net her credibility unless she is here as an expert in all questions of love.

Do you know a person named Charles Findlay Yes, he visited our house, and was on friendly teripa with us. He is mr acquaintance, and is no friend'of my sisl* Margaret at all. * Do you think he comes to visit you !—He is a general visitor. When I first came here, he came down te the Port to meet us. Do you wish the jury to understand that he is your lover ?—He is no lover at all*; he is a widower.—(Laughter.) Do you mean to say that he has no pre* ference for you Perhaps he has: but I don’t know that.

His Honor : At all events he has not popped the question?— Certainly not—(Renewed laughter.) Is it not a common thing in Scotland for the mother of a family, if she be at all aged. ko called “mother” by all acquaintances ? —Never in our class, though it may be the case in the lower classes.—(Laughter.) i 1 again ask you is it not a common thing, even in higher classes than yours, for persons on visiting terms to speak to the mother of a i family, if she be an elderly ladv. as “ mother?”-It is just as it is taken.

What were the earnings of your sister, when you hved in Hanover street!— Does that bear upon the oase ? Mr Macassey objected, and cited Hodtoll v. T&ylor. 29 T.L., 534. Weren’t you and your sisters constantly bothering Darling to take you to concerts and balls—in fact, tormenting the life out of 131 n-j do 80?N °. nothing of the kind. • vf n ?*' you to a concert at Mos* gml. No, but he went to a prayer-meeting with us one night.—(Laughter.) If he says the four of you made a convenience ef him— His Honor; Mr Stewart, you have no right to give as a statement by him a sap* posed statement made by yourself. Jane Forrester was examined at length and gave evidence which mainly corroborated that of her sister.

John Bathgate, R.M., said the marriage of a man and woman in the circumstances stated by Mr Macassey would not legitimate” the children born before the marriage' unless domicited in Scotland • and the woman, if her husband still lives, would render herself amenable to the law' aoainst bigamy if she married. *

George Cooper, farmer, East Taieri, said that he wasi in some way (but could not tell how) related to the pUintiflf. She and Dar* ling had frequently visited witness’s house,terms ll ” COnßldered tbem «» “marriageable

R f r . h “ S' Jon ® 8 * manager of the Harbor Company, said Darling’s connection with the company ceased eighteen month* ago. ‘ . 1 : •“

Julius Hyman said he had purchased half of Darling’s interest in the Harbor Company. Darling left here almost penniless. John Hislop, J. Hoodie, and A. Macfarlane gave unimportant evidence. Mr Stewart submitted that the pi? intiff must be nonsuited, because there was no evidence of defendant’s refusal to marry the plaintiff, but His Honor overruled the point, Mr Stewart was addressing the jury when we went to press.