A FICKLE SWAIN.

Kumara Times, Issue 2538, 22 October 1884, Page 2

A FICKLE SWAIN.

At the Resident Magistrate's Court, Christchurch, on Wednesday last (the Press reports), before Messrs Ollivier, Hulberfc, and Kimbell, a case was heard which was amusingly illustrative of the humours of the troublous period of courtship. William Calvert, a plasterer, sued J. Wilkins, who is the father of a young lady to whom the plaintiff" had for a long time been paying attention, presumably with a view to matrimony. Mr Kippenberger appeared for the defendant, and the plaintiff was represented by Mr Stringer, who, after giving a summary of the case, called

William Calvert, who stated that he had been " keeping cornpauy " with Alice Wilkins for some time, hoveiino about her—so to speak—perhaps a year, and perhaps more. He was quite positive that there was no engagement between them to be married, but admitted that, judging from the very intimate terms they were on, theyoun<r lady's family might have thought a marriage would ensue. Some of the family might have even named to him the Ist October as the day on which it would take place, but all the reply he made to the suggestion was the somewhat vague loraark, "wo shall see." He was not in the habit of calling Alice "Duckie," though he might have used that endearing appellative occasionally. In May lost Mrs Wilkins sent for him, and askpd him. to buy a suite of furniture which they kept in the "front room." She said they were about to buy a piece of land, and for the first instalment of the purchase money were short £ls, and had determined to sell the furniture to raise it. They had an offer of £2O for it, but they were afraid if they accepted the offer they would have to wait twenty years for the money. Rather than do that they would let William have it for £ls. William agreed to buy the suite, and accordingly, he, the day following, handed over the cheque in the presence of Mr and Mrs Wilkins Alice, and a married sister. Some time after, he talked to them about taking away the suite, but they said they wore going to remove into a smaller house, and tiM thnn it mi.ht as well remain, tu ,> Inch he agreed.

Six or seven weeks ago the lovers parted, and William applied to Mr Wilkins for the return of the furniture or the £ls. Mr Wilkins refused to do either, whereupon William brought the present action to recover the furniture or the money paid, .£ls, together with £2 10s as damages for detention of the property. J. Wilkins, the defendant, said he knew nothing of the case. He did not sell the suite; he had not even bought it. He left all those things to his wife—she managed the household affairs. For the defence Mr Kippenberger called Mrs Wilkins, who said that as the family were about to remove to a smaller house the suite was to be sold. Her daughter suggested that William was likely to buy it, and he did buy it. When the cheque was handed over, certain tender passages took place between him and her daughter, and he said before them all that they were to be married ou October Ist. They had been engaged a long time, but had now broken off. Her daughter had never been courted before, and if she were ever sought again it was to be hoped that it would be by a gentleman who would be more faithful. When a gentleman went back on his word like William had done, she didn't call him a gentleman—far from it. After the rupture, her daughter had gone up country, and on going her last words were " If he asks you for the farniture, don't you give it up ; it belongs to me." The cheque was cashed and its proceeds handed to Alice, who had since expended £9 in purchasing things for her wedding outfit. The story about the money being required for the purchase of another place was not true. She did not tell her husband what was done with the cheque, although he had a knowledge of the transaction. She never did tell him how she spent her money. I Zillah Odering, Mrs Wilkins' eldest daughter, deposed that she saw the cheque handed over. She then said, " Well, William, as you have bought furniture towards housekeeping, I think it my duty to ask you, when is it coming off?" and he said in reply, " Oh, on the same day as Mrs Anderson was married—the Ist of October." Alice Wilkius, who, during her examination, blushed and hid her face several times, besides casting many languishing looks at William, who for his part did not remove his gaze from the skylight, said she would be twenty years next month. She and William had been engaged for nearly three years. He gave her a ring two ye>u's ago, but they were now parted. He broke it off. They had no quarrel ; but he said he would not settle for two years, he " wanted to see a little more of the world." She would have waited two years for him : in fact she would have him now, although he had treated her so badly. Mr Ollivier—The hint suggests I hat, perhaps after all, this deplorable misunderstanding may be settled in a manner mote pleasant to a young couple who evidently are only suffering the sharp pangs induced by a lovers' tiff. The witness continuing, said that her mother said to William, when he gave her the cheque, " Is the suite for your mother." He said, turning to witness, " No; they are yours and mine, aren't they, duckie V There was a cushion on the sofa, and her mother said, " Well, since you have made her a present of the furniture, I will make her a present of the cushion." William replied, " It will do for her to lay her weary head upon." He also said they would be married on the Ist of October. Her mother had given her the proceeds of the cheque, and she had bought some things, amongst them a piece of white satin for a wedding dress, which William had expressly asked her to procure, intimating that that was, in his opinion, the fabric which would most become her at the altar. Shortly before they parted they had gone to look after a house for their future residence, but had been unable to fix on one. William asked her once to let him have the furniture back or, rather, he said he was going to take it away. She told him he would have to ask her mother about that. Ho said that it was her place to do that; if she did not hinder him nobody else had a right to do so, and he did not want to he. "jawed " by her mother. Witness always considered that William had made her a piesent of the furniture. This was all the evidence. Mr Kippenberger having addressed the Court, Mr Stringer said if the young lady had been injured by the plaintiff not fulfilling his promise, she had her remedy; it would be the reverse of right to punish him by confiscating his property, to which defendant had no claimwhatever except on a contingency which had not occurred. At any rate

if their Worships thought otherwise the money unexpended out of the cheque should be returned to him, leaving Miss Wilkins the bridal attire as a solatium for her blighted hopes. Mr Olliver said it pained the Bench exceedingly to have to interfere between this young couple. They believed, however, from the moving, though silent signals which Alice and William had interchanged, that this little morning cloud would pass away and be but the herald of a brighter day and of the fruition of their fondest hopes. In the meantime the Bench thought the things had been given to Miss Wilkins, and were obliged to give judgment for defendant with costs.