AN AUCKLAND HEROINE. L600 Damages for Breach of Promise of Marriage. (FROM OUR LONDON CORRESPONDENT.)

Te Aroha News, Volume V, Issue 217, 27 August 1887, Page 7

AN AUCKLAND HEROINE. L6OO Damages for Breach of Promise of Marriage. (FROM OUR LONDON CORRESPONDENT. )

The numerous friends in Auckland and elsewhere in New Zealand of Mrs Emily Childs will read with considerable interest the reports of the breach of promise of marriage case in which the has been concerned. The late Mr Childs died nt Auckland in October, 1886, leaving his wifo nine small pledges of his affection and but pcanly means to support them with. Early in the present year the bereaved widow embarked for England on board the Ruapehu, taking; with her one child only. Amongst the passengers was Mr Hector Arden, a mature bachelor, possessed of some private means and considerable expectations. He admired the buxom widow, and did his best to console her, succeeding so well that after a time her tender heart began to flutter once more. In the tropics Mr Arden proposed to Mrs Childs and was accepted, and before the Ruapehu reached Graveaend their engagement was made

public. Subsequently, howover, Arden's heart hardened, and ho declined to carry out tho engagement. Thereupon Mrs Childs promptly brought an action for breach of promise of marriage, claiming LGOO damages. , The caso was tried at tbe Middlesex Sheriff's Court last Wednesday, and caused considerable amusement.

The Trial. Mr Digby Seymour conducted the case foy the plaintiff, and Mr Home Pay no for the defendant, who was described as a gentleman residing ab Elvedon Lodge, St. , John's Wood. In opening the case, Mr Seymour said the parties met in the earlier part of this year on board one of the lloyal mail steamers — the Ruapchu — plying between Auckland, New Zealand, and London, being introduced by the captain, a friend lof the plaintiff, during the voyage a friendship sprang up, which ultimately i ripened into a v>arm affection, and a promise of marriage. The plaintiff, Mrs Emily Childs, was a widow with nine i children, one of whom travelled with her to England, the others being left behind. Her age was forty, but. the learned counsel thought that when the jury s.iw her they would say that she had boinc the cares of married life without in any way detracting from her personal appearance. Defendant, Mr Hector Henry Fredciiek Arden, was of tho same age. and he stated that ho had means of his own, while he was also tho son of a wealthy fanner, who was residing at St. John's Wood, and had personal prospects of an appointment in some part of Burmah. The AC-^el firmed in the Thames in April, and a foimal promise of marriage was made. This was made known to those on board the ship, to many of whom tho plaintiff was known. Before this tho plaintiff explained the responsibility he ! (defendant) was undertaking in the matter of family, but he expained that he fully understood the position, and eventually he took off a ring from his finger and put it on hers. Defendant wrote to plaintiff from St. John's Wood, to tho effect that he was much teased about the " pretty u idow. " That his sister thought her " very pretty," adding, " Ellen thinks we should make a nice couple if you had not a baby. What as ill she say when we have eight more 7 " (laughter) Other letters followed in May, in which defendant addressed plaintifl as '• Elly, dear," said he believed in predestination, and that if it were so pre-oi dered they might have towait,adding, "how jolly it will be Avhen we are one." TTc stated further, "I will work haul for you and yours." On tho 4th of May, in writing, he signed himself. "Yours alone, God bless you, Hector," and later on, " Yours only, Hector/ On the 13th of May, however, said tho learned counsel, there was a rapid " f.all in Iho mercury," foi' the defendant signed himself. ' Yours sincerely." (Laughter). Later on ho addressed her as "Dear Mis Child.V and subsequently intimated to her, that owing to his father's objection.s, he was compelled to break off the engagement, and as his relative had thieatened to cart him off, and as he would then be penniless he would not bo in a position to keep tho plaintiff and her family. The plaintiff, a lady of prepossessing appeaiance, on being placed in the witnessbox, and being examined by Mr George Cohen, stated "that when the engagement was enteied into she made an entry in her pocket bo-jlc and they both initialed it, stating that they would not forget one another. When she spoke to the defendant about the responsibility he was undertaking, he said that if his father disapproved of the engagement he could go back to Bui mah, where he had bceh earning from LI, OOO to L 1,200 a year. She stated that she was introduced to the father, mother, and two sifters of the defendant at St. John's Wood. She spoke of having received a large number of letters from the defendant, which were couched in the most affectionate terms. On one ocea-ion, when he was going to a Conservative frte, he stated that at about halfpr.st ten he might have his arm round .somebody.-* waist, and he should then think of plaintiff, with whom he should like to have a spoon on the stairs. (Laughter.) Ho also wrote, •' God's best blessing be yours, my own darling Elly " In cross-examination by Mr Home Payne, plaintiff said defendant sat next her at table on board the vessel, and paid her marked attention. They came home by way o? Cap' 1 Horn, and it was after this that the friendship lipened. Defendant told her I that lie was a master mariner, and that he i had be°.n engaged in that capacity on the River Irrawaddy, between "Rangoon and Mandalay. Plaintiff said she understood from the defendant that he made money out of something that he had to do w ith the stores. Defendant made an appointment to meet her at Liverpool-street Railway Station, on the ground that he could not •' face" her friends, and he then renewed the engagement, on the understanding that it was to be kept secret. Her husband died in October, 1886,and the new engagement was entered into on the 4th of April, 1887. By the Under-sheriff. — She understood from the defendant that if his father did not do something for him in England he would cither make himself money" in Burmah or upon the Stock Exchange. She told defendant on the day of the engagement at the railway station that she was quite willing to wait for him until he was in a position to mairy. Her late husband left her without means, but she was being assisted by friends, who were maintaining her children in New Zealand. Before retiring, tho jury were informed that the youngest, child of the plaintiff was aged two and a half years and tho eldest twelve years. After a brief deliberation, the jury returned into Court and gave a verdict for L2CO.