NOVEL BREACH OF PROMISE CASE.

Kumara Times, Issue 1148, 3 June 1880, Page 4

NOVEL BREACH OF PROMISE CASE.

A Bomewhat unusual action for breach of promise of marriage has been heard before Mr Justice Fitzjameß Stephen and a special jury. The plaintiff was Augustus Frederick Fowke, of Scraplof t, Leicestershire, and the defendant was Mrs Charlotte Hornby, of Linden House, Leatherhead, and of 11, Hyde Park. London. The plaintiff claimed LSOOO damages. The defendant pleaded there never was any engagement, but that, if there was, it had been mutually rescinded. In his opening statement, Mr Buzzard, the plaintiff's counsel, stated that his client was the son of the late and the brother of the present Sir Frederick Fowke, the head of an old Leicestershire family. The defendant, originally a Miss Bradshaw, married a Mr Hornby, and became a widow in 1869. She was a lady of fortune, having an income of between L4OOO and LSOOO a year. The parties had been slightly acquainted as children, bat a casual meeting took place in the in 1872, when she had become a widow, when plaintiff was frequently invited to luncheon at Leatherhead, and at her London residence. The learned counsel then for over an hour read and commented upon numerous letters from the defendant, in which, however, there was nothing of a "gushing" character. Defendant gave the plaintiff the dimond ring of the late Mr Hornby, and accepted in return some studs, which she wore suspended from her heck. She asked for plaintiffs photograph, which he sent her. Subsequently they visited Southaea, and there affectionate letters wore exchanged. Defendant exhibited the deepest concern in the plaintiff's haalth, sent him books on the subject and occasionally, knowing his pecuniary position, gave him money. About the end ?of 1873 defendant wrote :~ "All I want is kindness and affection, with trustworthiness, and if I have not a bright prospect of that I should rather remain as I am. There is nothing but real affection which r can make married life happy, but it must be on both sides Have we that in Btore?"—Mr Mellor who appeared for the defendant, asked for the whole to be read and this passage occurred. " All this time we are free from any engagement," which Mr Buzzard said was only the artfulness of the defendant in consequence of opposition on the part of her brother. He_ quoted numerous other letters indicating affectionate terms, and said that when plaintiff was struck down by paralysis defendant behaved like a true woman, sending him beef tea and vsrious delicacies. The defendant alleged that this illness terminated the engagement, if any had existed ; but Mr Buzzard quoted subsequent letters, which, he argued, were inconsistent with that plea. The correspondence continued to December, 1878, when the estrangement took place which led to the present proceedings.—Mr Fowke, the plaintiff deposed at length to the receipt of the various letters produced, and said he was continually pressing the defendant to name the day, and she afways said "Oh, wait." He admitted having had from her several sums of money amounting to £3OO, and would not swear it might have been £500; also that he asked her on one occasion, "quite politely and pleasantly," whether she was disposed to find him £IOOO, saying that otherwise he would bring an action against Ler brother-in-law for the wrong he had done him, There was never any express promise of marriage on her part, but it was understood. The defendant's counsel contended that the whole correspondence showed the relation was merely one of friendship, and not of engagement to be married. The judge having summed up, the jury without leaving the box, found for the defendant.

The following letter has been addressed to the Leisure Hour :—" Her Majesty's Bhip Comus, the Cape, February 16th, 1880.— Dear Sir,—! enclose a Peter Green, the chief of the ihteresting little colony which I had the pleasure of visiting on the 6th inst. They are in a flourishing «tate, 109 in number, the largest that the community baa ever risen to. They have plenty of cattle, Bbeep, and poultry, and seem to be living a quiet, orderly, and contented life. The only thing they want is a resident clergyman. The people would support a man and his wife, as far as lodging and food go, if one of the many societies in England would guarantee a salary. I am sure the Admiralty would give a passage from St. Helena, from which it is a fine weather voyage of ten days only. The climate is perfect. The olergyman would have to act as schoolmaster as well as chaplain. Our chaplain baptised five infants born Bince the last visit of a man-of-war. The island is much more visited than formerly, and now that they are beginning to export cattle 10 St. Relena communication with England will not be so difficult.—Yours faithfully, James Bast, Captain K.N." The celebrated racinp stallion Yattendon died at Pernhill. near Pentrith (N.S. W.), on May 14, aged 20 years A Hobart Town paper says that "a few months since the Tasmanian postal authorities had their curiosity excited by certain odoriferous parcels which were franked thiongh during the session by the signature of a well known wealthy wool king, a member of the Upper House, whose chief eccentricity it 1b not to wear a collar. One day the Btring which bound one of these parcels got adrift-by accident or otherwise. A pair of veiy dirty socks protruded. Tbe honorable member explained that he didn't care about Hobart Town washerwomen, and that he liked to send his blancissage home. Those who know him say that he is too mean to pay even a washerwoman, and they were at first unwilling to believe that he owned any socks at all/'