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SHE NEVER TOLD HER LOVE.

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SHE NEVER TOLD HER LOVE. An Alleged Breach of Promise of Marriage. In the Middlesex Nisi Prius Court, the case of Davis v. Barnard was tried before Mr. Justice Byles and a common jury. This was an action to recover damages for breach of a promise of marriage, and the defendant pleaded I that he had been exonerated and discharged from his promise, and also the Statute of Limitations. Mr. H. T. Cole and Mr. Palmer appeared for the plaintiff, and Mr. Hawkins, Q.C., and Mr. Hake for the defendant. Mr. Cole, in opening the case, said that the parties to this suit were in humble circumstances, the plain- tiff being a domestic servant in the employment of Mr. Crowder, a brother of the late judge of this court, and the defendant had been a butler, but had now retired from service, and had taken a respeotable lodging-house in Brighton. The plaintiff was thirty- four years of age, and the defendant was thirty-six or thirty-seven. The engagement commenced as far back as 1848, and continued for upwards of twelve years, and though it was broken off in 1854, it was in 1855 again renewed, and was continued as before; so that the attempt of the defendant to get rid of his promise would no doubt utterly fail. The learned counsel read a number of letters, which were of the ordinary Hind between parties in their station of life. In 1850 the defendant wrote "My dear Sarah,—I hope and trust you have as much pleasure in receiving this as I have in writing these few lines. Wishing you every blessing thi3 world can afford,-I am yours, ever faithfully, WILLIAM BARNARD. Whatever to thenceforth be mine, This heart is fondly ever thine." On July 5th of the same year defendant wrote- "My cruel destiny bids me roam far from my own friends. You must keep up your spirits, and do not think, though I am fa.r from you, that I shall ever forget you.—Your ever constant, "WILLIAM BARNARD." In 1854 there seemed to have been some little inter- ruption to the courtship, for the defendant wrote, referring to the "base, unmanly conduct that yon have experienced from me," and thanking her 10,000 times for her kindness to him. In April, 1855, the de- fendant seemed desirous of breaking off the match: he said- My dear Saraih,—Out of the love I bear you, what was proposed when I saw you must be forgot. How could I dare to bring you to poverty and ruin, than which nothing seems before me ? But, whatever my lot, wherever I go, dear to me will you be." Again he wrote, saying that the correspondence must cease, and added, I trust you will take a right view of the case, for I can assure you honestly no selfish motive influences me, which time will prove.— I remain, your miserable WILLIAM." I In May, 1850, however, the defendant again wrote, 1 asking the plaintiff to meet him on Sunday, and signed | himself ever faithfully yours." In -June following there was another letter. "I thank you for your kind hint with regard to camomile tea; but I am glad to say that I have found an appetite without the stimu- lant." There was another letter dated September 8, 1858, but he would not read that, for he found that it was not one that he wanted. Mr. Hawkins: Oh yes, read it. Mr. Cole must decline to do to; but if his friend thought that there was anything in it which released the defendant from his engagement, he might himself lay it before the jury. In 1859, when the defendant was in the service of Mr. Coningham, at Brighton, the defendant wrote to the plaintiff making an appoint- ment to meet her for a trip by railway on Sunday, and added, what was very suspicious, "If yon do not come, burn the letter." After this, the correspondence continued, and in October, 1860, the defendant wrote:— My dear Friend,—I have not forgotten my promise, that perhaps I indiscreetly made, of writing to you. You must think me a bad-hearted, callous piece of humanity—after all your kindness to me, which will never be forgotten, whatever may be my destiny. The state of my health must be my excuse, and the uncertainty of my movements deters me from settling." Mr. Hawkins: Read on "from settling any one thing." Mr. Cole: But what was the one thing that a young woman thought about under the circumstances ? Why marriage, of course (a laugh). The defendant con- tinued For, after years of faithful servitude, I am a great deal further behind. I had a letter from my sister Cary, in which she reminded me of you, for which I thank you both. With regard to my portrait, which I have not been able to have taken yet, I shall be happy to let you have one if you will accept it in that spirit of friendship.—I remain, yours faithfully, "WILLIAM BARNARD. "I have it in contemplation, if the war continues in Italy, and I get better, to join Garibaldi's Volunteers in the spring, which several members of my company ntend doing." This letter closes the correspondence, and the learned counsel added that he had no doubt that the promise of marriage had continued down to that time, and there was no doubt that it had been broken, because the defendant last year married another woman. Some evidence was given to show that the parties were OR intimate terms in 1858 and 1856, and that the de- fendant was keeping a lodging-house in Brighton, for which he paid a rent of J2200 year. i Mr. Hawkins then addressed the jury, and read some I extracts from letters, which he contended clearly showed that the match had been broken off in 1858, and he added that the defendant had only gone to see the plaintiff on one subsequent occasion, when she asked for an interview. From 1860 the defendant never heard anything from the plaintiff. She never told her love, But let concealment, like a worm in the bud, Feed on her damask cheek." %e never told it until she got to the attorney's office; asd she then told her love there was no concealmen t then (a laugh). The defendant had never thought of this young woman claiming him there had been more than four years' abandonment: he thought he was his own property, and he married in 1864. On the 20th of March, 1865, the attorney wrote reminding him that his breach of promise of marriage which Miss Davis had hoped would have been consummated some time ago; and he added, These hopes have been sadly interfered with by reason of your having entered into the marriage state with another lady (laughter). It now remains for you to compensate Miss Davis to the best of your power," This language, said the learned council, reminded him of that of her Majesty's judges on certain solemn occasions, "It now remains for me to pass upon you the sentence of the law" (loud laughter). The letter went on-, 11 Although no money payment will be commensurate with her loss of peace of mind and bodily health." The writer ought surely to have put in a parenthesis such as they use some- times in the newspapers (here the attorney sobbed) (laughter). He (Mr. Hawkins) trusted that the jury would be satisfied that the promise of marriage had J been broken off in September, 1858, and never re- newed. Some evidence was given to show that the match had been broken off in 1858, and that on two occasions, when the plaintiff had been in the house of the defendant's mother, she had expressed her dis- inclination to see him. Mr. Justice Byles referred in detail to the letter of September the 5th, 1858, in which the defendant stated the pain it caused him to break off every tie," and said that the jury must judge, but to his mind there was no doubt that the engagement was then broken off. If the jury were of this opinion, they would then consider all the circumstances, and say whether there was anything to show that the engagement had been renewed. There was certainly no promise in writing, and no ex-press promise verbally, but the jury would consider whether they prove the oircumstances inferred a promise. The jury after ten minutes' consideratian found a verdict for the defendant.

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RATHER ELEVATED.I

SINGULAR ACTION FOR FALSE…

THE ALLEGED HOMICIDE AT STEPNEY.|

Ianh Q1:.aUHttY 'J]jarkds.

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