SUPREME COURT.

Evening Star, Issue 4026, 21 January 1876, Page 2

SUPREME COURT.

Thursday, January 20. (Before his Honor Mr Justice Williams and a special jury.) BREACH OF PROMISE CASE.

The Rev. Dr Copland gwe evidence of the defendant’s marriage. Caroline Mason Hughes’s evidence in chief was mainly a repetition of Mr .Smith’s opening statement. In cross examination she said ; I came eut in Miss Rye’s ship w th Mrs Hooper, but was not living at Hooper’s hotel be.fore I lived at Kennie’s. I stopped at Chaplin's farm at Waipori, but only for one night. I do not remember a tent being erected on the station for yo mg lad es to bathe in. Ido not remember the escort offic rs being there. I have spoken to vir Dalgleisb, but only know Mr Percy by sight. 'J hey might have been at Hooper’s when I visited there, but I never waked out with them. Am I to understand that when Mr Stand told you that after a year or so he would be free from his friends and would marry you, he meant ho would marry you whether his mother liked it or not?— Yes, IbolieVe so. Thou you went tp Timaru?—Yes. May I ask you who was the gentleman who engaged to marry you there?—Mr Wood, a saddler th«re.

I presume you were ■willing to marry Mr Wood, and made love to you?—He wrote and proposed to me. Have you got the letter ?—No. T >id you bum it ?—I did not Can you produce it?—l cannot, at present. Surely you know whether you retain these little relics of affection. I presume before ho proposed to yon, you gave him so.ne encouragement?—l don’t know, i am sure. I really could not say whether I gave him enc niragement or not.

At all events, when be proposed to you, you accepted him. Did you write him a reply ?—I did.

Was the first word Mr Wood said to you of maniage in that letter? Did he give you any idea be ore that that he was likely to propose to you ?—I could not say. Was he nice?- (Laughter.)— Was he a nice sort of person that you would like to marry?— (No reply ) I must ask the question, Miss Hughes, was he a person you would have liked to marry if he had not made a proposal to you ?—(The witness here was much distressed, aud commenced to cry.) Well, I won’t ask you that, if you do not like to answer it. I presume that he was. When Mr Shand on your return said, if ypu > gave up the other he would marry you, did it not strike you as an unfair thing to give up a gentlemen you had accepted, and that he would be entitled when you were Mrs Shand to bring an action against Mr Shand for breach of promise of marriage?—No; I wrote to him to break it of! honorably. I suppose he was willing you should break it off?-Yes.

So there were no broken hearts on either side?— No.

You say that after you restored Mr Shand to his former footing he oea c ed his visits, but you asked no explanation because there was a scandal between Mr Grant and Mr Shand’s sister ? —That caused it, I suppose. Are you serious in saying there was such a scandal?— Yes, there was a slight scandal. This affected your health so much that you found it necessary to go to England with Mr Grant’s daughter?— Yes, Daring your absence Mrs Grant had died, and on your return you found Mr Grant engaged to his pr sent wife ?—Y es. When you heard in England that Mrs Grant was dead, did you not start at once ? —No. I was not here until the following year after I heard the news of her death.

Did you not come out from England intending to be Mrs Grant?-(Laughter and some hisses ) I did not. Were you engaged to young Mr Mathews? —1 never was. He visited me while I was at Mr Edmund Smith’s, but Mr Shand did not. Did Mrs Smith not tell you before she went to Melbourne, that she was desirous that you should not go there during her absence, and that she thought it was her place to se ect a housekeeper and not Mr Smitli ? —I remember her saying those wotds. Do you remember Mrs Smith saying these words to you : “1 he reasou of her visit to you was to explain that she did not wish you to come to her house during her absence?’’— I have no recollection of it whatever. Do you remember Mrs Smith saying “that she did not wish to explain her domestic affairs to you further than to say she did not wish you to come. She might return at any time, and so your engagement would not be a permanent one. She was not separated from her husband, and any lady that came into the houso as housekeeper ought to be engaged by her?” — No; she was perfectly willing to engage me, but I would not go unless they kept a servant. Don’t you recollect her saying you would damaje your character if you went there?”—l recollect nothing of the kind. Do you remember telling her you would not have thought of going except for being in the house a week b fore she went, so that she should see you were the sort of person she would wish ?—No, that was Mr Smith’s arrangement. He wished me to be in the house a week before she left Did you not, after you had received the information from the Misses Matthews that Mrs Smith was coming home send away your boxes an i things from Mr Smith’s?—l did.

Do you remember Mrs Smith coming before you had gone yourseh ? - Yep, of course I do. Did not Mrs Smith express great surprise that you weie there, aud told you that yju ought not to have been there?— Well, really I cauld not say. She was in a great rage. Did she not say you had gone there against her expressed wish '! —I wailed in Use house to see Mrs Edmund Smith, 1 would have been out of it before she cam'’, only’ I waited at Mr * mith’s express desire to sec his wife. That is all I know about it. At Miss Burns's wedding I was chaffed about being engaged to Mr Mathews it did not strike me as strange that 9hand should have a largo number of ladies at a ball at his house and that I should not be asked. I was not at the Taieri at that time. I did not think it was my place to tall Miss Mary 9hand that 1 was engaged to her brother. When they were together at the Caledonian Grounds, Mias Bhar.d did not say anything about the eu gagunent. If at that time Shand was making arrangements Dr marrying his present wife, it would ou’y make Ids treachery still worse, 1 did not ask Mrs W-lson to get her husband to sound Mr Shand, to discover whether he was likely to marry her. I did not say to Mrs Wilson, on the 17th March, that I thought it was great fun to send ray lettter cf that date to ■Shand, as he’d a number of young ladies at his hj >use. Mr Wi’son never said to me, “It itstrange l.e has never told us of his engagement, and it is stranger still t at he denied to Mi Wilson than he was engaged to you or ever couitsd you.” Mrs Wilson said I did quite right to send the letter to Mr Shand, as he had treated me very cruelly.

Re-examined by Mr Smith : Mr Wood, *o whom I was engaged, is now a general merchant in business with his brother at Titnaru. I may have heard that there was a party there that day. I remember showing Mrs Wilson a c >py of the letter I tent to Mr Shand. I d' not remember saying it wa •, good fun. I could not say as a fact that Mr Shand nad a party ef young ladies at his house that day, 1 heard it, but I cannot say when. I heard the children speak of it. It did not strike me as strange. I do not know whether Mrs Grant was or was not present during my conversation with Mrs Wilson, Mr Shand was not present during my conversation with Mrs Wilson, It was in my bed-room. His Honor; The conversation on the 4th Ap il?-y e s. By Mr Barton : I remember Mrs Grant laying, What do you think, Mrs Wilson, Mr Shand has nev r been h-re since we were last here,” and I dare say 1 may ha*e heard her use the expression ** What a shame.” To my knowledge I never heard Mrs Wilson say, “ What a cold lover he must be.” Mrs Wilson never made use of the words “ that is strange, but stranger still he never told us of his engagement, and when my husband questioned him that night on his return he denied having courted you, and promised to marry you.” .Nor did she say “ I also questioned him myself, bat could get nothing out of him ” He never said anything like it. I never made use of the words, “ Oh, that’s his cunning. He is too cunning for that.” In the beginning of February I told Mrs Wilson I was engaged. 'I here was a long conversation when I showed her the letter. I told her Mr ‘hand was serving me very cruelly, that he had never been in the house since they were there last. The words she made use of were, “ Good gracious, you don’t say that—what does he mean by it?” I then told i.er I had written that letter, and showed her it. The substance of the first conversation was that Mr Wilson understood I was to be married in February. In April I told her Mr Shand had never been since the time I stated, except on business with Mr Grant, but not to see me. Mr 3 Wilson said she thought there was something strange, as he turned white and did not want to come down—that was in April. When they came to the ga.e Mr Shand wanted to get out of the buggy. Sha said to him, “ You need not git out of the buggy nor turn so white; wa will give you plenty ©f brandy.” He did not appear to wish t) come. The conversation was repeated before all parties. I believe before Mr Shand. I was there. Mrs Wilson said I did quite right to sand Air Shand the letter. Sue asked me to leave her a copy of the letter to show to her husband. Ido not know for what purpose. 1 gave her the copy of the letter after it was delivered. I remember the Agricultural Show at Outram on Boxing Day, 1 did not eo with Mr Osborne, but I went about with him. Mr Shand did not escort me about the ground; he was otherwise engaged, Mrs Shand. 1 did not go home to dine with Mr Shand. It did not strike me as strange that I was not asked home by him as his party were all badness people. It did not strike me as strange that although I was engaged to him I was not invited. I was invited once, I believe.

Ee-examined by Mr Smith; Mr Wood, to whom I was engaged, war a saddler at the time. I believe tney are general merchants at A karoa just now. I was very intimate with the family of the father of Mr Matthews who has been spoken of. I accepted the situation of housekeeper to Mr Edmund Smith on the departure of his wife to Melbourne, and remained in that position for so r e months, Mrs S oith had a family of young children—two little boys and two girls. Mrs Wilson was walking in the garden with Mrs Grant when she paid a visit in February, and she said, “So you and Mr Shand have made it up again.’' I said to her, “ Yes, we have.” But first of all she said, “ Oh, I know,” I said “ who told you?” the said “Mrs Grant told me. I thought you had made it up when I saw you on the Caledonian Grounds.” She said, “I always thought he cared morejabout you than anyone else.” the added she was going away on the morrow, and would not be back in time for the wedding. I do not remember any other conversation between myself and Mrs Wilson just then. Mr Smith put in the letters already published. The witness recollected sending the letters, of which those were copies, to Mr Shand on the dates they respectively bear. Ee-examined by Mr Barton : Mr Shand had arranged the marriage was to be in two months, but it was harvest time. Mrs Mary Grant, examined by Mr Smith: Judging by my knowledge and experience, I should characterise Mr Shand’s demeanor towards Miss Hughes as payiug as much attention as I should expect from a man of Mr Shaad’s disposition. I know Mr Shand pretty well. I recollect Mrs Wilson coming to the house in February, 1875. I also recollect Mr Shand coming on New Year’s day and taking Miss Hughes along with him and driving her over to his mother’s. In February I had a conversation with Mrs Wilson in che garden. No one else was present. I told her that Mr Shand had come down and made it up with Miss Hughes, and they were to bo married in February, and she was making her things. I told her how he had come down when 1 was at Oamaru, and when 1 came down I found all settled. Mrs Wilson answered, “ Oh, there was some truth in what he said when he came up last night then.” I never sent any letter to Mr Shand under date 17th May. Cross-examined by Mr Barton : You say you are a near neighbor to Vlr Sband ?—Yes. Were you frequently at his house? —No.

Though a nearneighbor and nob frequently at the house, you weie therefore not on very intimate terms ?—We were intimate enough as neighbours.

Were you ever there at a party ?—I was. How often ? —Once. Did Miss Hughes accompany you ?—No. Was it a large party?— Yes. Two hundred people ?—I did not count them. Do you recollect when it was?—On New Year’s Day, 1874. You say from Novembei to February Hr Shand was frequently at your house?— Yes. How often I never counted his visits. He came once in two weeks or once in three weeks, or twice in one week, and so on. I understood you to say in a previous statement that for a man of Mr Shand s peculiar temperament it was sufficient courting ?—Quite sufficient.

Would you have been satisfied with such courting as that ? —lt does not matter what would satisfy me. The promise was made on November, and from that time his visits were frequent—once or twice a week or once in three weeks. Was he there in December?—He was down the last day iu December, Whs it it not the day he diove Miss Hughes to town ?—He came to ask her to go. Was it you who asked him to drive Mr Matthews ? —No.

You swear it was not you ?—Yes. If Mr ohaud swears it was, would you contradict him ?—He may swear as be likes. Do you remember any other day ?—I do not remember.

Do vou remember any in November ? —I was from fiome in November, v-’n you do not know ho was there?— No. How then could you swear that from November to February he was frequently there?— 1 do not remember the dates.

Will you swear he was there any other day in December. I will give you all December ? No. I cannot swear, for 1 don’t remember. Do you remember going down one night with ft; iss Hughes to Mr S hand’s and knocking at the door ?—I remember going down, What hour vrtM it ?—I daresay it was eight in the evening. Not later ? —N >.

Wins it not about nine or ten ?—lt was not, Where did you come from?— From the towns up. We had been there on business, and on coming down towaids homo there was some flax tied across the bridge to trip us up, and there were three men lying down who com menced throwing lumps of flax at ns. and wo went as fast as we could. We wor.- frightened, and I thought we could not go much further because it was a quiet i oad to our place, and I -aid to Miss Hughes, ** Wo will go and see if Mr Shand is in, or one of his men", I knocked it the d or, and asked to see Mr Shand. He was in, aud I told him there were three drunken men who had pelted us, and we wished some one to go with us. He said he would come himself. And you axe perfectly sura- it was not later

than eight ?—I am sure it was not later than ” w een an( * n * ne< Was that before or after the promise of marriage ?—Before—but bow long 1 would not telu

' v , er ® yen not stopping at Mr Shand’s after the date of the promise ?—Yes, after the promise was made, but l did not know of it at the time I was coming from Oamaru. Then you did not get Miss Hughes’s letter ? —I got that letter.

Notwithstanding you received that letter you did not know?— Let me tell you what w&s in that letter.

You tell me you did not know of the engagement ? —I did not know she had accepted him.

That was in December ?—That was in November or the Ist of December.

Do you mean to say you did not know of the engagement when at Mrs Shand’s ?—I did not know. There was not one word passed between us on the subject.

Did you not think it strange?—No, she might have known, and not mentioned it to me. I should not expect it.

You and Mr Grant—old friends, living so near—should not say a word about Mr Shand’s intended wife ?—No, because I think she did not know it then. Knowing Mr Shand’s bashful disposition, I was not at all surprised.

That he did not tell his own mother ? —All men do not tell their own mothers their love affairs.

Do yon think he was so bashful as not to tell an old woman of seventy ?—He might not tell her.

Do you know Miss Mary Shand ?—Yes; she was at our house.

Do not you think it strange she did not mention it?—No.

Do you remember meeting old Mrs Shand at Kirkpat ick’s ? Do you remember paying a big account there?—l pay accounts so often there that I don’t remember It.

You know she is a bright old lady and converses freely with her friends?— When it suits her.

Do you not think it strange she did not mention it ? No. Ido not think it strange. You did not mention it ?—No, I did not think it my place to enter into conversation on such a subject. Do you rememb- r any day in January when Mr Sband was there except the Ist January, when he took Sband to town? I think it was January when he took his sister down. His sister-in-law or his own si»ter ?—His own sister—Miss Mary Shand. Did you mention it at all to any member of the family ?—I did not. Mr Shand was there when Mr and Mrs Wilson were there ?—Yes.

As well as I can understand, Mrs Grant, it stands thus; You were away yourself in November, between the date of the promise you spoke of and the end of November. You got a letter from Miss Hughes while you were uway, and on your return the subject never was mentioned, In February he was not there, and between that date and the letter of the 17th March he was not there at all ? - Oh, he was there, only I do not remember the dates.

But you did not see him ?—I did not see him. He came home one evening with A] ias Hughes and Mias Grant,

Peter Grant, farmer, West Taieri: I have known boih the parties to this action a long time—from November 74 to February 76. Mr Shand’s behaviour to Miss Hughes was very kind when they met. At the commencement of the period his behaviour was that of a lover, not so «t the end. I was told at the beginning of December that they were engaged. Fer some time Mr Shand’s conduct was such as might Jbe expected from Miss Hughes’s future husband. I have spoken to Mr Shand abo his engagement with Miss hughes three times. First in March, after the letter of the 17th of that month. Miss Hughes had complained of his conduct, an<t asked me to speak to him. Mr Shand was at my house in March. I asked him what he wa< going to do with Miss Hughes. He asked in what way. I said he had been keeping company with her for several months past, and had promised to marry her. He said nothing. I said it was too bad of him to treat a poor orphan girl as he was doing. She had been living at my house as a friend, and it was my duty to see her righted. Mr Shand said she had written an impertinent letter to him, and he was not going to answer it, and he was not going to be bullied into marrying her. I told him the best thinghe could do was to come down and settle it at once. He left saying he would come down the next week, and that he had a right to a say in the matter. I said Miss Hughes had a right too, and he replied that he did not see it. He did not come as promised. Our second conversation was on the 24th July last. ®n the road between his house and mine I took a note of the conversation. About a quarter of an hour after I again asked him what he was going to do with Miss Hughes, and said that he was treating her very badly, by keeping her hanging on. He said he did not want to marry at once, he wanted longer time to know her or court her. I said I thought he had known her long enough—about eleven years. He said he was miserable living as he was, and came down with the intention of marrying her. I understood this to refer to the month of November, but she had said something about him to a pers n who had told his friends. I said I did uot believe it; that he was keeping her in suspense while she might be m a situation. He said tbe best thing she could do was for her to take a good situation • it would be good for her. “ But,” I said! you promised to marry her. Miss Hughes said so, and would not tell a lie about it.” He said he was so busy with haivest he had not time. ' I said he had better come down avd have it settled at once. He said he would think over it. and perhaps meet her on the road some day. The third conversation was on tho i u o UBt » OQ the road between his house and Outram. I made a note of it three quarters of an hour afterwards. I asked what he intended to do ; he had had long enough to cousider. HC' said he did not know that be could do anything. I said he hj .d kept company with her for three or four months; had promised to marry Lor, and when the time came he stopped all correspondence without giving any reason, and that 1 wanted au answer whether ho was going to marry her or not. He said ho would take his own mind on the matter ; ho was not going to bo forced to marry her and she might try herself.

Cross-examined: Mies Hughes has been living at my house off aud on between ten and eleven years, I have been a guest at Mr Sband’s house, but I have not been there half a dozen times unless on business. He has invited me to his pleasant little parties. I went, but Miss Hughes did not go with ■ me. She was not living with me then. I did not think it strange that no party was got up by Mr Shand for Miss Hughes. I was at home between November, 1874 and 1875. I can’t say how often Mr .'■hand was there during that time. Some weeks he was there twice aud some weeks three tim es. 'i'bis did not continue long—perhaps for t,wo or three weeks. He was there when I did u ob see him. I can’t say how often I saw him <c tmy house in November, About eight in the evening I went out on business, and when I came back they were both gone. They were converting together somewhere about. I believe ho was there again in Ucocmber, as he was there pretty often about that time. I did not see the letter of the i7th March Ixifore it was written. I don’t lemembcr seeing it before to-day. Miss Hughes told me she had written a letter, and Mr hand that he had received one. 1 knew the contents of the letter before I had the conversations with Shand, after the letter was sent. < Miss Hughes did not consult me before writing it. 1 read Mr Shand’s httrr. Miss Hushes and Mrs Grant both asked me to speak to Mr Shand, I went to Mrs Shand’s to take my wife away on her return fiom Oamaru. I did not know of the ergigsment then. 1 was about an hour there. I knew all about the engagement at the time of my conversations with Mr Shand. I was • told all about it by Miss Hughes after the letter of the 17th Mirch. I said in my second conversation that Miss Hugues was likely to bring an action. I did not threaten Shand ; I merely said I would see Miss Hughes righted. 1 did not. give instructions for this am ion. and am not to pay the coats. Young Mr Matthews has been at my house. He stayed there one night ahou’ twelve or eighteen months ago. At the last conversation with Mr ' hand he said Miss bughes might try herself, by which I understood him to have mefinfc she might raise an action as soon as she liked.

PniPAY, January 21

The case was continued to-day. On Ids Honor toeing his seat, The For* man ashed whether, in the event of the OMe being nnflnished to-day, big Honor would prooem with it after mid-day to-morrow. His Honor could hardly say what shape the case Would take yot. At present it did not hok like as Kit would be finished to-day. It he could reasonhWy avoid proceeding with it to-morrow afternoon he would do so.

The following evidence was then given Edmund Smith, manager of the Savings Bank: I have been hero many years, and at one time occupied the position of elder in the Presbyterian Church. I have known Miss Hughes for a long time. When my wife was going away to Melbourne for some time, the Eev. Mr Gillies, of West Taieri, spoke of Miss Hughes in very high terms as a person fit to preside over my honse. I had uever seen her before. She took the management of the house from August 1873 to September 1874. The children needed the care of some lady in such a position as that held by Miss Hughes. The position, which rendered it necessary for a lady to preside over my house, was caused by domestic differences and not by my own seeking. The conduct of Miss Hughes fully justified the opinion given by the Rev. Mr Gillies.

By Mr Barton: I arranged the matter with Miss Hughes about a month before my wife wont to Molbourne. When Mrs Smith went away it was understood that she should return some time after.

Witness: I appeal to his Honor whether family Butters should be inquired into. Mr Barton submitted that he was entitled to continue the line of cross-examination. ■Mr Smith: I think, for decency’s sake, this line of cross-examination should not be pursued. Mr Barton: I thought I could ask what I liked. Mr Smith: Don’t probe into Mr Smith’s private Blatters. Ask anything relevant to the case. His Honor requested Mr Barton not to continue that line of cross-examination. Witness continued: Inevertoldmy wife on her return from Melbourne that young Matthews had been courting Miss Hughes; nor that she went with him to the theatre. I never named Miss Hughes in my letters to my wife. Mr Rennie was then called but did not appear. Mr Smith: Mr Rennie was here last night, your Honor; and promised to be here first thing this morning.

His Honor: Call another witness, Mr Smith. Mr Smith; I have no other witness, your Honor. I wished to put Mr Eeunie in the box mainly with a view to allow the other side to cross-examine him. However, I will take care that Mr Eenuie is here in the course of the day, so that the jury may hear, if they wish, what Mr Rennie has to say about Miss Hughes. Mr Barton submitted that plaintiff must be nonsuited. He submitted that there was not one tittle of evidence to support the alleged promise of marriage. They had not been told the day, the place, or the surrounding circumstances. Everything had been left in a cloud of obscurity. Both declaration and evidence made it on or about the 13th. He submitted that the statute had not been complied with, there being no corroborative evidence whatever. He did not know whether such a cose had been tried in England. His Honor replied that there had. (Willcocks v. Godfrey, 26 L. J., new series.) If complainant swears there has been a promise and defendant’s counsel does not call him to deny it, that is corroboration.

Mr Barton: Then there cannot be a nonsuit. His Honor: Apparently eo. In the case cited complainant swears to the promise, defendant is not called, and Judge Bramwell tells the jury to take that into consideration. Mr Smith pointed out that lefendant had never denied the promise of marriage. The evidence of Mr and Mrs Grant standing uncontradicted was such as the Legislature intended to support the evidence of the plaintiff. He declined to be nonsuited ; indeed as had been pointed out by his Honor such conld not bo done. After further argument his Honor decided that a nonsuit could not be applied for at this stage, aud said that he would grant leave to abply for a new trial.

Mr Stout said on the argument the jury had just listened to, the plaintiff must be nonsuited on account of the character of the evidence required under the new Statute. The jury would see the difficulty of the affirmative and negative proofs required in corroboration of the evidence of the parties to the suit, for not only must the jury be convinced that the parties were speaking the truth but that corroborative evidence must be given of that truth. He would not comment on the evidence, which, however, proved that the whole transaction on the part of the lady was a mercantile speculation. Mr Shand had knowi Miss Hughes teu or eleven years. It was affirmed there were promises made, of the third promise nothing had led up to it, and nothing come of it, and because of that sho brought her action. She went to Timaru, and when she got there she had an offer from a Timaru lover, and she gave him up simply because she got a better offer. It was plainly a mercantile affair on her port. It was not, iuan action in which there had been affection and subsequent estrangement on both sides, 1 ask you to see the difficulty in which defendant is placed. For instance, a merchant cannot recover on contract for more ti an LlO unless on written agreement. _ The law requires writing for those contracts to avoid misunderstanding. In order to meet this we shall put Mr Shand in .'ho box, who will deny having made a promise at all, and yon will hear a large amount of negative evidence on his behalf. We intend to prove that for eleven years he never courted Miss Hughes at all. In all breach of promise cases a third party is sure to interfere to get parries married. But you will see in this case that both these parties were favored by Mrs Grant to get them married. I can imagine Mrs Grant would think Mr Grant’s life miserable unless he attempted to induce Mr Shand to marry. If Miss Hughes is the woman of spirit represented, how was it she never brought Mr Shand to book until Mrs Grant prompted herP Apparently the writers of the| letters thought the lawyer’s letters and all except the last, asking him to call, were too strong. Ton will have evidence from Mrs Wilsons testimony. She was asked by Miss Hughes to sound Shand on the subject. The corroborative testimony will bo of this character: that Shand did not visit Grant’s house frequently; that Miss Hughes never visited his house at all; and from Mrs Wilsoa, there never was any apparent love-making, and Shand took chaffing ill. Nor is there any evidence of the promise. Shand never visited the house half-a-dozen times from November to January altogether. The explanation of her going in the buggy was, she said she was going to Dunedin, but did not say she was going to the games; but not being engaged, ho made no scruple totake her. Did Shand’s conduct show any promise, any courtship, or any engagement, which is the strongest testimony that could be given ? Miss Hughes dees not say Shnnd’s courtship extends over eleven years, but that he seldom visited, as they never correspon ed nor met but after long lapses of time, Mr Shand will deny he ever made the eloquent speech attributed to him. His explanation was that Mrs Grant told him, while in the »aggy, “ Miss Hughes wants to speak to you,” and it was at that time he denied making any promise, and thought it impertinent on her part to write such a letter. It would not be nccessaiy to call so many witnesses as was intend d, as it was admitted that the person whom ho is said to have intended to marry was never invited to his house. The proof of a number of visits was a failure, and now co nes a question of motive. How was it that for no conceivable reason Shand made a promise, aud for no conceivable reason breaks it ? It’s incredible to believe any such promise was made. If there was any love-making how was it that after the promise was made they never visit P The case for plaintiff that Promise was not broken in January, but it failed. The jury must be prepared to believe not. only that Shand made a promise and she accepted it. According to her evidence, it all took place on one day: and she wrote to Mrs Grant to tell her, but aid uot say she had accepted him. Notwithstanding what has been reported, wo have not attempted to throw anything discreditable on Miss Hughes s character, and you have to judge whether she or Sband is a credible witness on any ea-e counsel may put. The love-making appears to have been between Matthews and Miss Hughes; but had she brought an action against him for breach of promise, he would have adduced ns corroborative evidence he took her to the theatre. I have stated •o you the manner in which defendant w 11 shape his case. But even should you believe that Miss Hughes has stated everything that is true, there is no corroboration, and you must find tor the defendant. The-letter exhibiting riband’a can! ion and cunning was written after Grant’s interview with Shand. Mr Shand in fact felt tlmt Mrs Grant was anxious to get him married, and as hu did uot desiro her aid he avoided visiting at. the house. James Shand, examined by Mr Barton • I first became acquainted with Miss Hughes at Mr E. Hoopers, at West Taieri. I did not court W « CU i al Mr -Kenuio’s. T never made Miss Hughesi a promise of marrim-e. J rc-mr-mlier the ,mo y.i 3S Hughes wen Mo Sydney; it was said to Melbourne. She never eon utfed me abont going away, nor did Mr nor Mrs O rant I did not know until she was going, indirectly She did not consult me before going to England, ror did Grant. I was not treated as a party interested in her movements, I occasionally gave parties before I was married, and had young ladies as guests and my mother. I never bad Miss Hughes as u guest nor ever invited her. I gave a largo party in 187:; or 1274, and invited tho Grants, f have hud small parties since. Miss Hughes never was invited ail .\ never wns there. I only heard that Miss Hughes went, to Edmund Smith's, but never visited "her there. I do not know when sho returned. I did not. make her a promise of marriage on l:t(h November I think it was very unlikely 1 she-uld vi.dt v 1 ®;.75, an * s >, for 1 was sheep-shearing at that date. A little before that time Miss Hughes and Mrs Grant knocked at my door, I think between nine and teuo clock. 1 could not say whether the hou.ee was snat. MissjTeeua M‘Lcod was house-keeper anil another girl. Mrs Grant said to tho houso-keepor they werorirightoncd. and wanted someone to go down with her, and I said ” I will go down with her. I was in Southland moat of the mouth of Deccmoer. I he e was a show on t ho Taieri on the 28 ,hj of. December My seder was there, but not With me. I lifted my bat to Mias Hindi-, s. but nothing more. I had two or three young* ladies to uinner, but did not invite Miss Hughes. It’ was not likely I should have done so for she was as iw'-r her own jiMcm a3 ours. I was there the evening btlora Now loara Day, and Mrs Grant asked « 1 waa going to tha games and I said

I would come down. Alias Hughes said aho wished to see the Matthews. I called for her, and stopped at my mother’s. She was not there, but my sister was. We all went to town together. As far as I recollect I took them up stairs to the stand. Sometimes I stayed with them, sometimes I left them. James Curie was walking with her that day. I walked with my sister. We stopped at my mother’s and had tea. We must have stayed an hour. 1 did not stay much with Miss Hughes. After I stayed a little while, I went outside to get the horses put to. I left her at Mr Grant’s. Up to that time I had not shown greater attention than any gentleman would have exhibited. During the months of December i nd January I was writing to the family of my present wife. It was known to my mother, and it ultimately resulted in Miss Duncan coming from America for the purpose of marrying me. The e was no concealment from my family on the subject. I deny I asked Miss Hughes to be my wife. I never heard anything about her from my friends. I should take my own way. I am of age, aud would not be dictated to. I did not know of her visit to Timaru. I never heard anything about her being at Timaru until she gave her evidence. I never said anything of the sort that “ she belonged to me." Ido not remember anything at all of the occurrences re’ated about her visit to Timaru. I have called at Grant's. on business. I never remember any difference with Mr Grant. I do not think I ever passed Miss Hughes on the road without noticing her. She went to England without mentioning it to mo. I did not ask her if she “ still cared for mo ” on the 13th November. I did not profess great regard to her, nor ask her to be my wire. I never said I was miserable in my present way of living. I am not a miserable man. I don’t mind all the poetry she relates. I never said that she was so proud that sho never sought an explanation. I never said she should be my wife. I never said let bygones be bygones. I never went to Grant’s not sober. Miss Hughes never consented. I never said the marriage was to come off in a few weeks or two mouths. I was in Southland in December. I never wrote to her, and I never said that in December or any other mouth. [Left sitting.]