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Lovers but not Engaged

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Lovers but not Engaged MILLINER SUES FOR BREACH OF PROMISE. To Get JE25 as a Solatium for Loss of Appetite and Sleep- less Nights. At the Birmingham Assize-court on Tliurs- (before Mr. Justice Matthew) Elizabeth Guest, of Tipton, milliner and fancy draper, sued Thomas Samuel Fletcher, of Brierley1 liill, provision dealer's manager, for damages for breach of promise- of marriage. Mr. H. Vounsf (instructed by Mr. AValdron, Brierlev Hill) appeared for the plaintiff, and Mr. Parfikt (instructed by Mr. Roskell, Stour- bridge) for the defendant. COUNSEL E&PLAINS. Mr. Young said tliat this was a lighter and tnore pleasant sort of action than they had been hearing lately, and one in which there was only a simple issue to be decided. The only question was the assessment- of the amount of damages which ouglit to be paid to the plaintiff for the cruel treatment she had sus- tained at the Sia-ntte of this young man. Plaintiff was 25 years of age, and entirely supported herself by the business she carried on at Tipton. The defendant managed a busi- ness for a large provision merchant, and was formerly engaged at Tipton. While there he became acquainted with the plaintiff, and they used to walk out together as far back as 1889. At that time there was no definite, promise of marriage; but about June, 1893, when both of them were still living at lipton, defendant a,skedher if she would marry him, and if they might think of that time at no distant date. Things went on smoothly during the summer. There was no mention of an engage- ment rnig, but it was not purchased till unthe the following October. In that month defen- dant presented ar ing to plaintiff, and in- formed her tha, the had had aconversation with his employer, and had suggested that in view of his approaching marriage he should be placed in a better position in the business. His employer, lie said, had con- sented to move him to Brierley Hill, where lie could live free in a house at the place of business; his wages were to be increased to 27s. a. week, and he was to have for domestic Purposes the free run of the provisions in the shop. In November, 1893, defendant moved ,to Brierley Hill, and took up his residence at the shop. It would have been a very nice Place for a lady—as long as she had 51 nice man with her. (Laughter), ^rom that time until Christmas, they went on purchasing furniture, and some of their friends agreed to give the girl presents to help them in furnishing the house. By the Xvay, although the engagement had been broken off the articles of furniture, a good Hianv of which had been given by friends or bought by the plaintiff, had -not been given l.lp. It was originally intended that the mar- rlage should take place at Christmas. Shortly before Christmas, however, defendant- said that the wedding had better be postponed, as he had a good housekeeper, and he thought he Should remain single a little longer but lie in ao way broke off the engagement, though [here was a slight dispute about some of the Hirniture once. In July a circumstance liap- Staed which really ought to be mentioned, ? showing that the defendant had behaved ^ry badly to the plaintiff. He made a sug- ?f'-stioK to her which she very indignantly re- *tntefl; in fact, he offended her so much that *he sent him away. On the next- day she re- vived the following note from him:—Dear lizzie,—Catch the nine to ten up-train to jj'udley to-night. Walk towards the town, and will meet you.—In haste, Tom. Plaintiff Iriet the defendant, who expressed his great regret at the insult he had offered her, and everitually they became friends agmn, and H"ent on together as before. But the incident, which did not involve any impropriety what- ever on plaintiff's part, had upset her very 'ftuch, and her mother observed her downcast taoks, and remarked that she seemed to be tot of spirits. Seeing that her mother was "lspicious, plaintiff told her the truth about 'he matter, and assured her that she bad done ^othing wrong, but had been insulted by the defendant. The mother was very angry, and, nut being able to restrain her feelings, used strong language towards the defendant. After that, because the girl resented his conduct toward her defendant wrote a letter to her, commencing simply "Lizzie, in which he said that after considering the unpleasantness v'hich had been going on, and the fact that he had been called a rogue and a vagabond, he fought- it would be best for them to part. He "oped that the plaintiff would forget him. and think that what had happened was for the best. there would be no happiness for them if h^r family turned against him. They met Qgain after this letter had been written, and .'Pendant- expressed sorrow for having written lt> and asked that their relations might be the ?air>e a,s before. He pressed her vry much. however, to return him the letter or to burn 't- but, thinking that he was acting in a extraordinary manner, she declined. ^fter thie defendant never saw her again or ftTote to her. On August 28 she wrote to him, taying that she could not understand such C'°tiduct- after he had expressed his sorrow for i Sieving and neglecting her in the past. She ^ded. "Surely you have some explanation, "-hi,.)¡ I think I have a right to ree-pin> No /"Ply came. ana, thinking that the defendant abandoned her. she consulted her solicitor. )jho wrote to defendant- The renly. -sent Ihrough defendant's solicitor, showed that de- cant had a very cold heart. In that letter "'feTulant's solicitor wrote that his dienthad 'ver refused to carry out the promise of mar- for the simple reason that no such pro- ^ise. evpr ^en made, and that, if such rr>iT)i.ip had been made. "f had been mutually Winded. Further, the plaintiff was re- r'ted to state in writing the date and place the alleged promise, and whether it ti<\de "erhdlv or in writing: also to ij-ivcnar- .h'rs of the alleged refusal. So this poor t'CRian was very anx:ous to obtain *lie*e 'rtieulars. in order, if he were so iu"linM. 1e bis defence n-ccordimr to them. No Ff/e.r,cp. however, baa been offered. The de ir.p" -.t did not come there to defend the Hip'011" 'n,t Rent h'< coun=el there T]R /fstion was onlv O'IP of damages. No ^t t1,o j,!rv Would consider that i">laint:ff f; s entitled to substantial compensation for vpr-v bad wav in which slip had been '^atp,^ | THK LADY GIVES EVIDENCE. I litt] 'e pbiintiff. a sprightly and well-dresser "Voi.6 A.°man, gave evidence in support of Mr. Wl11 fjs statement. She stated that she still *q]] e ,engagement-ring--iii fact, she was %\eailnj-' it- —^Ir. Young: The sooner you t'ip the better.-—In the interview after '!°t .t- oeferiaant told her that if she did hot], ',1!X,ve him it would mean damnation of -t"Jrfit:I'S"r',tl :uid bis body.In reply to Mr. [ SJ i wild that slie and 'defendant hef,ir "but not engaged," for some tnno ,Jth*iVhe engagemnt. Thy were, fond of each *°m tilH Hiiven't you some n^- t l r»wer? Plaintiff: No, sir.— Didn'- h-itq m that while he was awa.v from you f°Ulrl better he ireful what he did, as von 'hf>rp >ee a'^ that he was doing? No.—Surely so™ething said about this? Just j. Wasn't he rather startled when you ^'i-s TUm ■v°11 w-atehed him carefully?— No, °rdsl)i]): Watched him ?—Mr. Parti ft 'hsp,,15^ l°rd: mentally. I mean in his (Laughter.) Plaintiff: No.—Mr. a' itcj Then_ there is no foundation for this ? -s'°-TTl1 replv to further ques- y°^i'Prl i Phaintiff said that, her mother fa- defpinlant. but was annoyed at the Plaintiff had had one tiff with de- Vlnt- sllG wae 110t to blame for that.— ^yfire occasionally a little ill-tempered, *»-UrK^°u not? No.—Were you not a little 'n fY)"r requirements? No.—You be ought to turn up three or four s :i day? No. HER SISTER IN THE BOX. Jane Guest, sister of the plaintiff, OTQU that .since the engagement had been airit'ff°^ Ph^intiff'^ health had suffered. ^Pet'l bad been low-spirited and had a bad *.t a '+• having gone without food for a day ''•)lr:e j111* Plaintiff slept with witness, but ;%(. the (jUa.iTel had slept very badly. Some- ,P'-aintiff lay awake all night.—By Mr. hen von wpre asleep VOl1 did not whether your sister was asleep or not? }Jfec^ to wake me.—What did she say? ::f1::p,nn to cry and say she could not go to ,r0 0 >ou mean to tell the jury that she JhohL J6 (h'ys without food"? She has gone a ly But she made up foi it the next that I know of. 3-11' 1) £ 25 AS A SOLATUM. On Qr ^rfitt, addressing the jury on the ques- hiojj YaiTiajfes, said that this was a- case iu ,16, friendship had been of Platonic +V a i, ■b'jy must look at the, matter 'Q '^lnese--like way. However sentimental for the plaintiff had made the Was really only a matter of pounds. shillings, and pence. The defendant was only ii1 reoeipt of 27s. ;1 week from a precarious employment, and the jury, in spite of his learned friend's attempt to make a tragedy of the case, would probably find that the young lady; 'had not sustained any serious injury. His Lordship, in summing up, said that the case was not quite such a matter of fact as Mr. Parfitt had tried to make it out. It wa.s not merely a question of pounds, shillings, and pence. The plaintiff, after having been engaged, and known to be engaged, to this youug man. had been !1bandoned. and it was for the jury to consider how far she was entitled, under the circustances, to compensa- tion for the breach of promise which it was admitted had taken place. The jury found a verdict- for the plan-riff for £ 25, and his Lordship gave iudgmei;t: for that amount, with costs.

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