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GOURDS. MARCH TQ philippof^HS;:



BREACH OF PROMISE CASE. The case of Burrow tv Land came before Mr. Baron 4 Pollock, at the Crown Court, Liverpool. Miss Eliza- beth Ann Burrow, a lady apparently about 30 years of age, who has the management of a co-operative store at Ireby, in Yorkshire, was the plaintiff in this action, the defendant being John Lund, an engine tenter, at Bradford, from wboaji she sought to recover damages for breach of promise of marriage. Mr. Potter appeared for the plaintiff, and Mr. Aspland for the defendant. It seemed from the evidence tendered in support of the claim, that the parties had known each other from childhood, and had attended school together. The families to which they be- longed were also acquainted with each other. In August, 1876, the plaintiff became engaged to defendant, and it was agreed that they should be married before Christmas of the following year. On Christmas eve 1876, defendant visited plaintiff at the house of her parents, and stayed there all night. Christmas day he also spent at the house, and in the evening, while he and his sweethert were standing at the door, he said to her, Lizzie, Tm not coming back again. I have nothing to complain of in you; you have done nothing but what I could wish to see from any young woman." He then went away without further explanation, and she saw nothing of him afterwards. In Ootober last, hearing he had been married, she consulted a firm of solicitors, who wrote to the defendant threatening an action for breach of promise. The defendant on this wrote to the father of the plaintiff on the 23rd October as follows "I have received a letter from the firm of Robinson and Robinson, lawyers, Skipton, threatening an action for breach of promise of marriage to your daughter. I dont know whether you are aware of this matter being in their hands or not. I do not attempt any denial of the fact of such promise being made, but when I broke off the engagement I did it with a sincere desire to save both of us from future misery, as I felt that both were un- suited for each other's happiness through life, not because my affections were transferred to another, as at that time I had not paid any addresses to another. If this case proceeds it will probably cripple all my endeavours to get along for a long time. I have worked hard to save a trifle to begin married life with, and the blow will fall most heavily on one who is entirely innocent in the matter, and therefore I beg you will use your in- fluence with Miss Barrow to induce her, if not to for- give and forget, at least to be lenient with me, if only for the sake of the innocent who would snffer most keenlyby it." While the engagement lasted the plaintiff, at the request of the defendant, spent £ 28 16.. on furniture for the "house in which they intended to reside after marriage. The plaintiff did not desire exorbitant damages, but she wished to recover the moneys he had spent andfsuch damages for the breach of promise as the inry might deem it right to award. The plaintiff, when being eross-examained, denied that she refused to go with the defendant to live at Derby. He told her he earned 33s. a week. Up to December, 1876, she had been writing most affec- tionate letters to the defendant. After that date she did. not know where be was. She denied having written to the sister of the defendant about Baster last, telling her that the engagement had been broken off. Mr. Aspland: You are not broken-hearted, nor without hope of making a happy marriage, yet? (Laughter.) Are you engaged to be married ? The Plaintiff No. Mr. Aspland: You have a friend called Burton Proctor ? The Plaintiff: Yes, he is a friend of mine. Mr. Aspland: He is an old sweetheart of yours, is he not?; Mr. Potter: He mutt have begun very early. (Laughter.) Mr. Aspland: You knew him before you knew the defendant? The Plaintiff: I am not engaged to him now. Mr. Aspland: Was he an old sweetheart x>f yours ? The Plaintiff: Yes. Mr. Aspland: Are you not keeping company with him ? The Plaintiff: No. Mr. Aspland: Have you not seen a good deal of him since Dec., 1876 ? The Plaintiff: I have not, I think, seen him twice. Mr. Aspland: Didn't you go with him to the Omven Agricultural Show ? The Plaintiff: Mrø. Proctor was with me, if I was there. Mr. Aspland: You are not without hopes that Proctor and you will make it up again ? "'(Laughter.) The Judge; That is rathffr u hard question. (Laughter.) Mr. Aspland Well, my lord, Til leave it there. The defendant was then called. He stated that his average earnings had been 27s. a week, but that he was now out of employment owing to the slack- ness of trade. In 1876 he obtained a situation at Derby, and when he asked the plaintiff whether she would go and live with him there, her reply was that she would not for any man go to a place she knew nothing about. He said that in that case he need not continue to visit her, and she told him he could do as he pleased. The jury having been addressed by Mr. Aspland, Mr. Potter, and the judge, returned a verdict in favour of the defendant* ..) ,r'd:

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