BREACH OF PROMISE.

Taranaki Daily News, Volume LIII, Issue 303, 17 May 1911, Page 4

BREACH OF PROMISE.

YOUNG WOMAN SUCCEEDS. AFFECTIONATE CORRESPONDENCE. Auckland, Monday. A breach of promise action was heard before Mr. Justice Edwards and a jury, of twelve at the Auckland Supreme <Tourt this afternoon, in which a young woman, Gertrude Gardner, aged twentyfour years, recently from London, claimed £5Ol damages from Frederick William Phippard Eaton, aged thirty-five years. No defence was fded. The question of promise of marriage and breach being admitted, the amount of damages to be assessed was the only point at issue. PLAINTIFF'S STORY. The plaintiff, by no means unattractive, and neatly attired in a navy blue costume, said she was introduced to defendant at a concert at Eastham, l/>ndon, on February 12, 1010. He was on a visit to the Old Country, and told her he was a widower. A few days later bo went to Scotland, and wrote to her nearly every day. On returning to London defendant called on her, and approached her on the question of matrimony. She took him to her parents' home. They were engaged on March 13, and defendant left on his return to New Zealand four days later. The arrangement was that witness should come out to the Dominion soon after defendant's arrival. She had spent about £4O in making preparations for the marriage, in addition jn £25 sent by him to help pay the pas-

*age money. Witness said she arrived at Auckland on November 20, and was met by defendant on the wharf, He did not appear to be so ardent in his love for her. They continued to go out together, and she was not aware of another woman being in it. On January 19 she received a Fetter from defendant from Morrinsville, and they met in Pittstreet by appointment the following day. She told him that although he said he did not love her she was quite willinp to marry him, and he replied: "I cannot marry you. I am already married." The Registrar's record showed that defendant was married on December 17,1010. QUOTATIONS FROM LETTERS.

Counsel for plaintiff quoted from letters written by defendant to plaintiff, remarking that they would show what an extraordinary person he was. On February 18 of last year, while in Edinburgh, defendant wrote: I am just longing to feel your loving caress, to see your dear face, and to hear your sweet voice. I cannot stay away from you any longer than I am forced to.

On returning to New Zealand defendant wrote a number of letters (produced). Under date of June 9, 1910, he wrote from 150 Grafton road, as follows: You say in your letter it is easier for a girl to be true than a boy. I don't know what argument you would" put forward to prove that. Perhaps you think a boy is naturally inclined to be untrue, but this Ido know—it is not hard for me to be true to you, 110 matter if you are on the other side of the world. I love you, and have promised to marry you, and that is quite enough for me. You are ag much my wife as if the parson had said his few words over us. Some may think light of breaking an engagement. It would need to be something pretty substantial before I would.

So you have got a trunk to pack your presents in, darling. You need not fear, they will not look through your boxes. Put them between your underclothes, and they will be all right. I hope you will not be very sick, Gerty, If I were only rich instead of poor, so that I could go Home for you, we could come out together. I hope you will be happy and contented here, and' not be lonely. \\ riting on June 15, defendant was still more sentimental. He said: Picture us in a little home—me sitting in nn easy chair, drawn up by the piano and you at the piano singing one of your favorite sings, or both sitting by a cosy fire, or again dressed in our Sunday best, with our bright wee boy toddling along with us seeing the sights" of our beautiful city. But I must stop. My heart thumps, and teaVs start to my eyes. FAITHLESS! Then came the breach. The plaintiff reached Auckland at the end of November. Defendant, who had married someone else in December, wrote from Morrinsville on January 19, 1911: My dear Gertie,—You will naturally be upset at my leaving Auckland, but I had a summons on Monday night from thai old devil we saw on Saturday night, and what with one thing and another I thought I had best clear out. Ido wish that you would take up with someone else. You must see that I do not love you like I should. A ou are such n grand girl that you are bound to meet someone who will love you as you should be loved. The next and last letter was undated, and in it defendant admitted having married another girl. He wrote: To tell you the truth, T am unhappy now. I see the girl I have married now and then and we always quarrel. I expect I still have to pay the penalty of my foolishness with mv life. If you would live with me I would clear out with you. DEFENDANT'S POSITION',

Tin- defendant., under examination, stated that lie was n carpenter by trade, and his wages averaged about £2 10* per week, lie had a wife and a delicate child dependent upon him. Under cross-examination, witness statTj l! 'V rip Cost I,im al,o « t ±.-00. Ho had <lono some contracting, lie married the other woman about eighteen days after the arrival of plaintiff in Auckland, but was not, engaged to her before then. There was renllv no enfragment between them. He had known her previously, but there had been no mention of marriage. His Honor: Why did yon not act like a man and not sneak away and pet married to another woman on the sly? We may assume yon were right in not mairung this young woman when vou had ceased to love her, but you should have told her, instead of acting like yon did. * THE .TORY'S VERDICT. After a short retirement the jury returned with a verdict for £3OO damage*. .Judgment was entered up accordingly, with costs according to scale.