FORTESCUE Y. GARMOYLE. Great Trial for Breach of Promise of Marriage. Damages, Ten Thousand Founds. London, November 21.
As the famous action for breach of premise of marriage brought by Miss Finney (alias Fortescue) against Mr Cairns (known by courtesy as Lord Garmoyle) only took place yesterday, and this afternoon the mail goes, I shall not be able to furnish you with the descriptive account of the case had hoped to have been able to prepare. Luckily, however, the proceedings were of the briefest, and tae newspaper reports tel pretty much all there is to tell. It seems •» compromise between plaintiff and defendant was arrived at some, time ago, but Miss Fortescue insisted on the case coming to Court, so that the true circumstances of the engagement should be understood, and no alur rest upon her character. On the whole, I am inclined to think the young lady has pulled through a very awkward predicament ra'her cleverly. True, "the dream of her life" (as Mr Unas. Russell, Q.U., described the projected marri&ge with the redoubtable '* Gumboil ") has disappeared, but in its place she has £10,000, and a quantity of diamonds and jewellery (given her by the youngster), whilst her reputation as an actress who will "draw" is made. As for Lord Garmoyle, his sloping forehead and chiu tell their own tale. Mis.Fortescue may have loved him passionatel) for himself alone ; if so her tastes must btpeculiar. The opinion of " society "is that the lady possesses considerable character, and would have ruled the little man absolutely. There can be no doubt that whilst visiting the Cairns family in Scotland she exhibited considerable independence — too much, in point of fact, tor neither Lord nor Lads Cairns spoke to her atterwams. Whether the story that Garmoyle himself was dis enchanted througu discovering that hi*adored one wasn't co tond of soap and watei and clean linen &* she ought to have been, is or is not untiue, I shouldn't like to say Tnat, at any rate, is what the evil minded loungers at the clubs aver. But then, it | wouldn't do to believe all their stories. j In the case of " Finney v. Garmoyle," Mr Charles Russell, Q.C., and Mr Winch appeared for the plaintiff, who is better known as Miss Forteecue, an actress formerly at the Savoy Theatre ; and the Attorney- General (Sir Henry James), with Mr R. S. Wright, was for the defendant, who is at present abroad. Mr Winch opened the pleadings to the effect that the defendant admitted the promise and the breach thereof, and as admitting liability had paid 40s into Court. Mr Charles Russell : As you have learned from the opening of my learned friend, thi 5*5 * is an action for what is called breach of promise of marriage. The defendant, by the course he has taken, admits that he did promise marriage to the plaintiff, and that he did without any justifiable cause break that promise, so that the question for your determination— if indeed it should come for your determination at all— will be what is the amount of damage to which the plaintiff is fairly entitled. Miss Finmy is a young lady who was born in 1859. She is the daughter of a gentleman once in a very good position, commercially, in this city— Mr William Finney, who Mas for many years in business as a coal merchant in the firm of Finney, Seal, and Co. She is one of two children, the other child being a daughter a few years younger than the plaintiff in this case. A good many years ago Mr Finney got into commercial difficulties, whioh ended in his liquidation ; and from that time Miss Finney, I may state in a sentence, has been certainly the principal, almost the sole, support of her mother and her sister. She was educated by her father as a lady, and having somewhere about the year 1880 or 18S1 obtained an introduction to Mr DOyly Cart, manager of the Savoy Theatre, and also, through him, to Mr Gilbert and Sir Arthur Sullivan, of whose advice and friendship she has ever since had the advantage, she ultimately received an engagement to play a part in one of the well-known productions of these gentlemen, the first, I think, being in " Patience," written by Mr Gilbert, and the music to the libretto composed by Sir Arthur Sullivan. She began with a small salary, somewhere about three guineas a week, but in a short time, as she attained greater efficiency in the parts allotted to her, it rose, until at the period to which I have now to advert it raached the sum of some six guineas a week. Towards the end of the year ISB2 Miss Finney met in society the defendant in this action, who ia the eldest son of Lord Cairns. The acquaintance between the defendant (Lord Garmoyle) and Miss Finney appears to have continued for some considerable time, but ultimately, in July, 1883—1 think the date was the llth—Lord Garmoyle proposed to Miss Finney, and was accepted by her. The matter was at once mentioned to her mother, and both the mother and the plaintiff herself pressed on Lord Garmoyle not only the desirability but the propriety of the matter being at once mentioned to his father and his mother. It is proper on the part of Lord Garmoyle to say that he quite assented to the propriety of that course, and he did as soon I as possible make communications to both his parents. He could not personally communicate with Lord Cairns, who at that time was not in good health, and was abroad in Switzerland, but he communicated with Lady Cairns. He, however, communicated with Lord Cairns by telegram, from whom he received a telegram in reply expressing what I may for this purpose call, if not a cordial, at least a guarded, approval of the engagement which his son had made. Lady Cairns herself wrote to Miss Fortescue with great kindness upon July 18, a letter which does every credit to her. It is dated July 18, ISB3, and I will read it to you. I Sir Henry James : Lady Cairns is not a party in the case, and the letter is not evidence. Mr Russell : I merely read it to show the i feelings with which her ladyship regarded ] Miss Fortescue at that time. It is as follows :—: — •' Dear Miss Finney — a name by i which you will very shortly be no longer known— my pon asked me this evening to write to you, as his visit to Switzerland will delay him for some little time from sseine: you, and I am anxious that he should not hurry back from his father. I trust it will please God to grant his blessing both to him and to you, for erperiencehas taught me that without God's blessing no life can be happy and no good p3rmanent. I think I have no greater hope than that you and my truly Xeloved son wili be really happy, and there is a kindly desire to further his and your interests on the part of every member of his family." Miss Finney acknowledged that on the same day :*' Dear Lady Cairns — I cannot tell you how deeply I feel and appreciate the kindly feeling* which prompted the letter- you- sent
to-day. You have been very kind to us both, and so forbearing. I have only one wish, and that is to make Garmoyle thoroughly and absolutely happy in the true, real way." Two days later the defendant saw his father, who, after stating that the proposed alliance was not one which he should have, of his own choice, selected, repeated in substance what Lady Cairns had said in her letter— that his son's happiness was the main object of his life, and he consented to the engagement. On July 20 Lord Garmoyle went to Switzerland, and he writes to Miss Finney as follows : "At last I have seen the dread parent, who I find is overjoyed at my doing anything at all, much more to find that! im doing so sensible a thing as going -o marry," or words to that effect. lOn July 26 Lord Gatinoyle returned to 1 England, and about the end of the same month Lord Garmoyle was himself a party — rumours having got about and paragraphs having appeared — to the publication of a paragraph announcing his engagement to marry Miss Fortescue. She then, by his request, put herself in communication with other members of his family, and received kindly letters, among others from Mr Herbert Cairns, for whom the defendant entertained great personal affection and respect. In the month of August Lord Garmoyle explained to Miss Fortescue that "his people," meaning no doubt, his parents, had very strong views upon the subject of the profession to which she belonged ; that they did not look upon it as a frivolous profession, but that they regarded it as oven un ungodly and profane one. At the earnest request of Lord Garmoyle— who does not appear personally to have shared these views — Miss Fortescue agreed to give up her career upon the stage; nay, more, her sister had been preparing for the same profession, and yielding to the same urgent request, and desiring to defer to the wisheß of Lord Garmoyie's parents, the plaintiff's sister also gave up her intended pursuit of the profession. On August 5, and after Miss Finney had made this resolve, Lady Cairns invited her to viait her at Cromwell House, andsnedidso. On that occasion she was kindly and affectionately greeted by Lady Gairns, who received her in a motherly way, talked withhcr, advised her, and finally ted her into the library, where Lord Jairns received her as a daughter. So natters went on for some time, Lord Garmoyle introducing the lady to some relatives of his family as hid affianced bride. Later, Lord Cairns and his family went to a place in Perthshire called Dunira, and in the month of September Miss Finney was | received as the guest of Lord Cairns and his family, and the engagement was looked upon as a recognised thing. The plaintiff was introduced to a further number of friends of the family, and later on a conversation took place between Miss Finney, Lady Cairns, and Lord Garmoyle as to when the marriage should take place. Beyond the statement that it was to take place in a few months no definite statement had been made. It was then pointed out by Lord Cairns that Lord Garmoyle had passed through one preliminary examination, that it was desirable he should complete his course at Sandhurst, so that he might have the profession of the army at his command if he liked to pursue it as an occupation of life and have something to do. It was arranged that Lord Garmoyle should return to Sandhurst and make an effort to pass a further examination, so that he might be fitted to accept the Queen ' 3 commission in the army if it were afterwards thought right. This matter was agreed to by Miss Finney, who afterwards communicated it to her mother. She very naturally — probably you will say most naturally— thought there was great objection under any circumstances in protracted engagements of this kind, and she so expressed herself to Lord Garmoyle, who wrote a letter to her, in which, in language every way worthy of a gentleman, he left himself in the hands of Miss Finney and her mother, pointing out at the same time the desirability of not being prevented from aspiring to a profession he desired to follow, and reiterating his expressions of admiration and love towards Miss Finney, which no one will doubt were perfectly sincere. Miss Finney wrote him in reply that she had perfect trust in him, and that she did not desire anything should be done which would tend to mar her future in life, and trusting in his doing what he judged to be right. Lord Garmoyle returned to Sandhurst, and a number of letters passed ; but Lord Garmoyle does not appear to have been so keen about Sandhurst as his friends were in his interest. Ido not desire to pander t to any vulgar curiosity, but I will read a letter, dated Oct. 15, ISS3, which will give you an idea of the kind of letters which passed between them. On that day Miss Finney writes a letter in every way creditable to her. Miss Finney writes in reference to some very handsome present or presents which Lord Garmoyle made, or proposed to make, to her. It begins, " Dear old sweetheart," and it proceeds, " I wore your present at dinner after you left, but I do want you to remember what I say when I beg you not to give me anything else for a long time. Sweetheart, you see that besides being a loving lad and lassie, we are a sensible man and woman, who caring for each other more than anything else in the world, have settled to pass our lives together. If this is to be successful, the man muet not get into the hahitof thinking a woman a pretty plaything on whom jewels and toys are to be lavished, and that these things make her happiness. Dear old boy, you must facethe fact that you have heavy expenses, and that you cannot put your income i round my neck and arms without getting your affairs into a muddle. All the pretty thingsyou give me are, I know, in some way a kind of public witness of your affection for me j but now you must give me what I do ask, your compliance with my wish in this particular. You see lam not a brainless doll, whose spurious love needs to be kept alive by all sorts of appeals to her vanity, thinking of the pleasure of the moment, but I wish to see the future clearly on the same lines. Do not think I do not appreciate tho sweet thoughts which prompt you to give the prettiest things. I would not have it otherwise ; but I want you to look afc this from my point of riew, and to agree with me. You and I owe something to other people. What I mean is, we have done something a little out of tho way. We are bound tomakea greatsuccess foreach,sothat every man and woman in perhaps somewhat similar positions may say, ' These two took their lives into their own keeping, and gave up many things for the sake of each other. They have made it a success, and so we will try also ;' and it seems to mo that it is rather a good thing in life to have been able to help other rjeople to be strong, brave, and happy, doing what is right. Remember what you told me, that 1 am the only woman who ever told you to do that. " Lord Garmoyle answered it in a letter every way touching, which appreciated the spirit and conduct of Miw Finney, and pointing out that since he had known her he had felt aspirations for good which had never prompted him before. Welt, time passes, and in the end of the year 1883 it was arranged, at Lady Cairns's wish, that Miss Finney should pay Lord and Lady Cairns a visit at Bournemouth, in company with Lord Garmoyle, and it was arranged that
the visit should take place in the month of/ January, 1884. Miss Finney was making her arrangements accordingly, but on Jan. 3, 1884, she received a letter from Lordj Garmoyle in which he requests that shewill put off her visit to Lindisfarne a little! longer, as both his' father and mother werej not well. Miss Finney at once assented,; and at the instance of Lord Garmoyle' she went with her mother and sister and stopped a few days at Brigh-, ton. Well, at Brighton a visit was' paid her by Lord Garmoyle. It ended onj Jan. 21, 1884, and that was the last visit he ever paid her, You have his letter, full of affection, full of expressions of respect and love up to the eve of this visit. He visits Miss Finney and her mother, he spends a number of days there with them | —I think altogether eight or nine days— iß unremitting in his attentions to the plaintiff, professes the same love and admiration for her, and on Jan. 21 he left her, giving her no reason and giving her friends no reason to suppose that his feelings in her regard had in the slightest degree changed. He returned on Jan. 21 to Lindisfarne, and on the very same day on which he had left Miss Finney, his affianced bride, with professions of love and regard on his lips, he wrote a letter breaking off the engagement. I will read it if necessary* but I can state for all necessary purposes the purport of it. He still professes the deepest love, he still professes the greatest admiration, he still regards her as a person in all ways worthy of his respect and of his love ; but he says she would not ' be accepted—looking to her profession, the profession she had followed— would not be accepted by his friends and his relations^ as his wife, and that, to use his own expression, acting in the interests and upon the suggestions of others, he must break off this marriage, the promises of which had been so seriously and solemnly entered into, and, up to this time, kept. I will not trouble you with the answer* written by Miss Finney. You may suppose they were sad and touching letters. This dream of her life, which was to bring happiness throughout her life, had vanished. What, then, was she to do? She had abandoned the stage at the request of Lord Garmoyle, and in deference to the conscientious feelings of his relations on the subject Her sister had done the same. She had her mother and her sister still looking to her for support. She might have lived a life of idleness, and she mignt have come into this Court and said she had abandoned her profession, left it to become Lord Garmoyle's wife, and that her profession was closed to her. But she did that which every honest man and every honest woman will approve of. She said, " I must earn my bread for myself and those dependent upon me in the only way which is open to me " Like a brave woman, with a large and generous heart, she resumed that profession - resumed it I need not say with a sad h ear t — in order to provide for the support of herself and those depending upon her. If I had words of eloquence— which I have not— they would not be needed in this case, because the strength of this case, the strength of the demand which this lady through me makes for reparation, lies upon the simplo narration of facts which I have put before you, not one word of which can be gainsaid by my learned friend the Attornej'-'vieneial. She comes here, as she has felt bound to come, openly and in public, to get from your verdict such reparation as in your judgment — if it become necessary that you should be called upon to exercise it, which I think will not bo necessary — she is entitled to. I admit that the friends of the defendant have been willing to make money reparation, but tho plaintiff felt it incumbent upon her, out of respect for herself and those who esteemed her, that whatever was done should be done in the form of a verdict delivered openly and in public. The Attorney-General: My lord and gentlemen of the jury,— l appear on behalf of the defendant, and I ask leave to interpose to make a short statement in reference to what my learned friend has just sftid to you. As to the propriety of the plaintiff having brought this action, I wish at once to say that whilst many persons would shrink from commencing an action for breach of promise of marriage, there are considerations iif the case which would seem certainly to justify Miss Finny in having sought for money compensation, and tnat, although Lord Garmoyle has offered and, .indeed, desires that she should receive that compensation, there are certain reasons which justify her in the fullest extent in having brought this action and this case into Court. Gentlemen, taking that view, Lord Garmoyle desires that Mis 3 Finney should receive compensation, and compensation which I think you will regard as sufficient. On behalf of the defendant, I consent for a verdict to be entered for the plaintiff for the sum of £10,000. Lord Garmoyle, further, is desirous that it should be said that, from his first acquaintance with Miss Finney, throughout the whole of his engagement to her, from its first inception to its termination, there was nothing in the bearing or the course of conduct pursued by Miss Finney but what was becoming a highminded English gentlewoman ; a.nd he further desires to state that the breaking off of his engagement has in no way resulted from any act done or in any course of action pursued by her, but was effected by considerations applicable to himself alone. It is not necessary for me to state to you, gentlemen, what those considerations were. I trust it will be accopted that Lord Garmoyle believes them to be paramount and imposing a duty upon him. While they were considerations which he felt ought to effect his judgment above all others, they do not, and cannot, afford any answer to the just claim Miss Finney makes upon him, Therefore he consented to this verdict, and I have on his behalf made this statement, which I hope you will regard as having been conceived in a generous spirit of consideration toward Miss Finney. Mr Justice Manistry : Gentlemen of the jury, — You have heard the eloquent statement made by the counsel for the plaintiff, and you have also heard the most noble statement on behalf of Lord Garmoyle by the learned Attorney-General. Lord Garmoyle has offered through his counsel and the plaintiff agrees to accept the offer, the sum or £10,000. "lou will, therefore, return a verdict for that amount. , A verdict was entered accordingly, with costs.
" Truth " recommends the following passage in Carlyle's Life to those young pests who, without a real notion of music, make the ajr around them hideous by their everlasting strumming on a piano: — "The miserable young woman in the next house to me spends all her young bright days, not in learning to darn stockings, sew shirts, bake pastry, or any art, mystery, or business that will profit herself or others ; not even in amusing herself or skipping on the grass-plots with laughter of her mates } but simply and solely in raging from dawn to dark, to night and midnight, on a hapless piano, which it is evident she will never in this world render more musical than a pair of barn - clappors ! The miserable young female I"
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https://paperspast.natlib.govt.nz/newspapers/TAN18850124.2.28
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Te Aroha News, Volume II, Issue 86, 24 January 1885, Page 4
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3,871FORTESCUE V. GARMOYLE. Great Trial for Breach of Promise of Marriage. Damages, Ten Thousand Founds. London, November 21. Te Aroha News, Volume II, Issue 86, 24 January 1885, Page 4
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