LOVE AND FINANCE.
breach of promise
In the' Sydney Banco Court Amanda Marie Hardwick claimed two thousand pounds damages from Isidore Wineberg, clothing manufacturer for alleged breach of promise. Defendant was represented by ; his attorney, Mr Daniel Levy. Evidence was called to show that 'defendant had seemed very, affectionate towards the plaintiff. On one occasion, when jam was being made he had said that that was his favorite jam. . Mr Rolin : What jam was it ' Witness : Lemon and melon—(Laughter). . Defendant declared that his transactions with the Hardwicks were of a purely business character. They were nice people, the females doing (business for themselves and he would have done anything for them. Mr Levy : Whatr used you to do ?—1 used to do anything for them —servo xn the shop, dust, and unpack. It is said that you became engaged to the plaintiff ?—I heard it here. His Honor : Never mind that. Defendant: It is perfectly untrue, and I will swear it by all that is holy. (LaughIt is true that you asked her mother’s consent?—Perfectly untrue, and how a lady of her age can come here and say so —(laughter)— . Mr Levy: You must just answer the questions. Did you ever give her the ring she produced here ?—No; I swear I have never bought it or given it to her. If she could find any trace of me having bought it or givon it to her I will give my head. (Much laughter.) Mr Levy : Just answer the questions I put and never mind these comments. Do you see the ring with the three stones ?—There was only one ring I ever handled, a ring, I believe, she had from her father. She had lost the stone, and I had a stud, which I had set into the rmg for her. , , . His Honor : According to you the whole thing is a fiction?—lean give my head on it. (Great Laughter.) Witness said that after the Oddfellows ball spoken of, be got a letter from Miss Hardwick, she asked him to make friends again. She came then to his ofiice. She explained how she oared for him. Mr Levy : What did she say ?—You know what a girl might bo expected to say to a man. (Laughter.) She told me she was fond of me. She asked me it I made it up would I enter into a further compact. She meant would Igo any further than friendship. I said 1 could not possibly do it. I said I cared for her, but when it camo to marry I would stop. His Honor : She really proposed to you, then ?—I told her I must stop there, because I am of a different religion, and would not marry anyone outside of it. Mr Levy : Did you ever toll Mrs Hardwick that your mother was not a religious woman ?—I could not have said so. The Jewish religion has its peculiarities. She wears a wig, and no one who is not religious wears a wig. His Honor: That is a peculiarity. (Laughter.) Mr Levy : What did the plaintiff do at the interview you spoke of ?—She said nothing, but started weeping, as is usual with females. (Much Laughter.) Ilis Honor : Did you get that out of novels or from your own experiWitness said that lie told plaintiff that he would remain friendly. with her. He borrowed £2OO of her, and repaid it,, with 6 per cent, interest. There were negotiations for another !£3OO, hut plaintiff wrote stating her mother had not the money. When he was at the hall, the plaintiff aad her sister were in the gallery, and as he came near them they came down on him “ like a ton of bricks.” Plaintiff called him 11 wretch ’ and “ cur,” and said, “ Don’t you ever show your face in our house.” Mr' Reid : Did you go to the house to visit these people for business reasons or for pleasure ?—Both. Then you did go to some extent for pleasure ?—To some extent : we were .very great friends. Whose society did you enjoy the most-the old lady’s ?-I conversed with her as much as .with anybody else in the house. May I take it that she was the affinity you were visiting ?—Oh, no ; I could not say that. Was it not the plaintiff you distinguished most by your attentions ? quite right. ' Up to the time you met Miss Marwick you were entirely, free ? —quite
right. You never addressed her in any aflectionato way ?—I did, the same as I would my sister, or her sister. Were you as affectionate with her as a brother and sister ?—Yes. You know that brothers and sisters kiss each other— (laughter), ?^Yes. And sometimes put- their arms around one another’s waists ? Did you 'do that ?—Yes, I may have done that. (Great laughter.) Did you always tell this unfortunate young lady, “It is only as a brother I am cuddling you’’’—There was no necessity lor stating that—(laughter). There was an understanding between us that covered all that. • (Laughter.) Then the understanding covered the kissing and embracing. Can you give ns any idea what time that was ? Some time in 1901, I think. •
Where have you had experience of weeping women ?—I simply remarked it because I look upon women as soft. (Laughter.) It was after this lady knew defin-
itely that you could never be anything to her that this scene occurred at the ball ?—Quite right. Witness here remarked that he was shocked at the false swearing against him.
Mr Reid : llow repulsive it must be to you ; and you in the oilskin line, too. (Loud laughter.) Continuing, witness denied having any remembrance of buying a couple of rings from Mrs Abraham’s. Is Mr Isenberg right in saying he. saw you embracing Miss Hardwick ? And heard you call her “ darling”? Is he among the liars you speak of ? —I would not swear he did not see me embrace .her, but I swear he did not hear me call her “darling.” Don’t you know that embracing a woman is the most emphatic way of calling her a darling ? You admit you used to embrace her ?—Oh, yes. His Honor, in summing up, said he had never heard a case where there .was on one side or the other such a vile conspiracy, supported by such deliberate perjury ; it was a case of intentionally misleading the jury and they must decide as best they could. Betore they could find for plaintiff, there must be a preponderance of evidence in her favor. After fifteen minutes’ deliberation, the jury found for the plaintiS, with ,£3OO damages.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/GIST19030703.2.46
Bibliographic details
Gisborne Times, Volume X, Issue 932, 3 July 1903, Page 4
Word Count
1,107LOVE AND FINANCE. Gisborne Times, Volume X, Issue 932, 3 July 1903, Page 4
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.