BREACH OF PROMISE CASE.

Waikato Times, Volume XIX, Issue 1603, 12 October 1882, Page 2

BREACH OF PROMISE CASE.

The sittings of the Supreme Court in Civil Jurisdiction were commenced at Wellington on Tuesday morning before His Honor the Chief Justice, shortly after the rising of the Criminal Court. The case Swiney v. Leybournc, was at once taken. This was an action for breach of promise f of marriage, and was tried before His 'Honor and a common jury. Mr Edward Sbaw, with whom was Mr Marrah, appeared for plaintiff,* and Mr J Gordon Allen for the defendant. The proceedings were briefly commeuced. by Mr Marrah, who stated that the plaintiff, Harriet Swiney, was a young lady residing in Wellington, and the defendant, Win, Leybourne, a clerk in the civil service. The declaration set forth that in or about the month of December, 1881, the parties agreed to marry one another. That about the May following, the defendant absolutely refused ever to marry the plaintiff. That until such refusal plaintiff wasalways ready arid willing to marry the defendant, wherefore the plaintiff claimed £2000 damages. Defendant pleaded a general denial, and for a second plea said, that after the alleged agreement, and before the breach thereof, it was agreed between the parties that the agreement should be rescinded. Mr Shaw opened the casa for the plaintiff at very great length. Harriet Swiney, the plaintiff, was the first witness examined. She said her parents died at home, and she came out to this colony five years ago, ' having two brothers residing in Wellington in the employment of Mr Gear. She lived with her brothers for a time, and afterwards secured employment at Mr Holliday's, stationer, etc, for which she ' received £2 per week. She was there for nearly two years . and a half, and left there about a year ago. Afterwards she was employed at Mr Hamilton's, in (Juba-street for 30s per week, and subsequently at Palmerston North, where sh« got equal to £2 5s per week. She recollected the last Prince of Wales' birthday. There was a picnic at Island Bay that day, in connection with the Church of Christ of Tory-street. She did not belong to the Church of Christ herself, she went first to one^ and then to another, just as she felt inclined, (laughter). She met defendant at the picnic. He was a Wesleyan, but occasionally attended the Church of Christ. Loybourna introduced himself so to speak. (Laughter.) They were playing a game " Jolly Miller," and he caught hold of her arm, and said he had been promised an introduction to her, Mr Shaw : He was the Jolly Miller, I suppose. Witness : No doubt he was, sometimes. (Laughter). Examination continued : "Jolly Miller was not a game like kiss-in-the-ring. Defendant was very attentive, and got her plenty of buns and cakes. (Laughter). He made an appointment with her on the following Sunday at the Wesleyan Church. Subsequently she was in the habit of meeting him continually at his request. Before she went to Palmerston North defendant gave her a watch as a present instead of an engagement ring. This was to remind her of the hours during his absence. (Laughter). She went to Palmerston, via Foxton, by steamer. It was a rough passage. She remembered writing the letter produced, in the course of which she described how she "commenced casting up her accounts at 7 p.m., and continued the performance all night." That was the first message of love. (Laughter). In reply, she received a letter from the defendant, dated from the Audit Department, in which he addressed her as "my dearest Harry," and sought to excuse himself from a long letter, as he was not allowed to write private letters during business hours. Referring to the sea-sickness he said lie was sorry for it, but "no doubt it would do her good." There were also several references to " Our Heavenly Father," and the writer forwarded her numberless "nice, long, deep, sincere loving kisses, full of the richest stingo she could have." (Roars of laughter). His Honor here wished to know whether "stingo" was another name for hop beer. Mr Allen interposed that he thought it was. (Laughter ) Examination continued : The writer subscribed himself as her "loving and spooney Willie." When she answered his letter she concluded by approximate quotations from Burns, Moore, Wordsworth, and Shakespeare. Defendant's next letter was from Bachelor's Hall, Nairn-street, and commenced "My dear Zukie." She did not know what "Zukie" meant — he thought it was a pet name he had coined hinlselh He informed her in that letter that he had been feeding himself on porridge, peas and barley ; had taken no tea nor fresh meat lately, and was, therefore, looking much better. He concluded by giving her some religious ad\ ice. About this time he sent her a valentine containing a nice piece of poetry about love. . Her .reply was dated, Palmerston North, 15th February, when she addressed him as "My dear Spooney," and in.it she expressed a desire to see again shortly those eyes of his (the defendant's), " winch looked so lovingly into hers — Shakespeare." (Laughter.) She also wrote, " What God hath put together let no man put asunder—Shakespeare." (Renewed Laughter.) In the course of his answer he took occasion to inform her that he "Never courted any young lady without his intentions being strictly honourable. With regard to a certain other young lady whom he had been accused of being " sweet" upon, he said he could not marry her for fear of the children having noses like hers. (Loud laughter.) At 1 p.m. the Court adjourned till 2 o'clock. On resuming, the plaintiff continued her evidence. She remembered writing another letter, in which she gave defendant leave to flirt to his heart's content, because she was confident she retained his loving heart. She wound that letter up with some, original poetry follows :— [After Moody and Sankey. j Oh, to be nothing, nothing, Sitting in my arm-chair; Teasing^ and kissing Spooney, And pulling' his,nut-brown hair. (Roars of laughter). She recollected re« ceiving a letter from him afterwards, which she had destroyed. In th"at letter the defendant expressed a wish to break off the engagement^ because fourteendays had elapsed before she answered the' last, letter. She had destroyed that letter because it gaVeher Such great pain. She was sincerely 'attached td the young mau at that time. She received another letter froni him after' that, addressing her as "My dear Miss Swiney," twith the word " Swiney" erased, and >•'. Harry" written underneath. He called her " an impatient and excitable little 'darling," and told her. he hadto go to a tea-fight that, night. He had a ticket given him or he would not ' have gone. He had several anthems to sing after drinking several cups of-; s dish-water and rubbish. (Loud laughter). Towards the 'conclusion he told her he was well, and ',' so was the ca^." The cat was ' brie he had at Bachelors' Hall. The jury- ftnind'for plaintiff, aSvarding £25 damaged.-— Auckland Star.

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