Dunedin Breach of Promise Case.

Auckland Star, Volume VII, Issue 1858, 31 January 1876, Page 2

Dunedin Breach of Promise Case.

The action forabreach of promise of marriage, Miss Hughes versus Mr. Shand, M.P.C., has terminated in the Supreme Court, Dunedin, in a verdict for the plaintiff, £750 damages. The amount claimed was £3000. Owing to the absence of any tender correspondence there was none of the fun usual in such cases, a good summary of which was given in the opening address of Mr. Smith, the plaintiff's counsel. This we quote from the Dunedin Evening News, as follows :—•• Mr. Smith in opening the case said the pleadings in the case were very simple. The defendant and plaintiff had agreed to marry each other, and the plaintiff had been always ready, but the defendant had recently taken unto himself a wife. The defendant had. for years trifled with the affections of the plaintiff and now had cast her off and married another person. The intimacy commenced'a^put

>; ten jfears ago,, when the plaintiff was a governess residing at West Taieri. Not long after this they became engaged and shortly after he saidhisfriendsobpeted. She wa* satisfied with this and some time after she went to live in the family of Mr Peter Grant, during which time Mr..hand visited her as he accepted lover. Miss Fiugbes went to Sydney for a time, and on her returning ho again visited her, ah Mr Grants. His visits gradu~l!y ceased and a. Mi Shand's attentions were at an end she accepted another offer of marriage. Mr Shand heard of it, and visited her and F.aid, "You'll never be happy, you are mine." (Laughter) After mrnch "'entreaty Miss Hughes changed her mind and a_ain acccp'od Air Shand. Things went on upoa the old footing, and again Mr Shaud began to taper off his visits on tho excuse that his friends objected. This co affected Mi.s Hughes that she left tbe colony for England, taking with her a daughter of Mr Grant's. On returning from England she again visited Mrs Grant, and Mr Shand again appeared on the pcene and renewed his attentions and begged that the past should be forgiven. On November 13 he visited Miss Hughes and pictured himself as a lone bachelor.and asked her to accept a " bran new house."

Mr Smith read a report of the conversation which concluded with an assertion on the defendant's part, that they " would begin a new life, and live entirely happy " He urced that, they should be married right off, but the lady was not so ea«er for matrimony, and re-quest-da delay of two months, in order thaf. she might announce tho day of mama»e to her freinds. This was the promise on which the plaintiff relied. Mr (.hand, in his peculiar fr.shion, continued to act the part of tbo lovr, until February Ist Mr and Mrs Grant would tell them that plaintiff and defendant acted towards each other as lovers usually do Mr Shand, however, was not an ardent lover ; he acted throughout with a large amount of caution, in fact he never put his pen to piper, so that the lovim,' billet doux which generally cause much amusement in cases of breach of promise would be wanting iv the case. Mr Smith read a letter of remonstrance indited by Mis 3 Hughes, in which she made all due allowance for the defendant having to get in crops, etc., but saying that she thought his continued neglect required an explanation. To this Mr Shand, with his usual caution, eaid nothing. He kept away. If Mr Shand. in his defence, w.is going to urge any kind of excuse, he (Mr Smith) hoped it would be a valid one. Some little time after, Mr Shand, in com pany with a Mr and Mrs Wilson, visited Mr Grant, _nd at the request of Mrs Grant Mr Shand had a conversation with Miss ETughefl, r>t which, on being remonstrated with for staying away co long, Mr Shand mud he would not be dictated to, and also, "I'm not going to marry you or any one else unless it suits me," and "It doesn't suit me; I'll not marry." Miss Hiv_hes a-ked him why be wr<s acting thus, and lie said he would do as he liked, and also, "I suppose you want to marry me for my bouse and money." On this occasion Mr Shand aaid so nnny cru< 1 things that Rhc asked him to leave her. He then heeg-d for forgiveness, paying, ' Forgive me, I'll make arrangements for our marriage next week." Mr Shand had a peculiar power over the fair sex, ard by his pleading obtained forgiveness, and everything looked bright and fay. .A gamMr Shaud absented himself, and Mi°s Hughes had again to ask by letter the explanation of his conduct. One peculiar trait in Mr Shand's character was instanced by bis conduct then, and that wa3 that ho wrote in reply to Mrs Grant, and not to Misß Hughes, promi .ing to visit Mr Grant on the following Friday. Miss Hughes was not satisfied with this, aud wrote again to Mr Shand. He, however, stayed away, end rumours were afloat that Mr Shand wa. going to 1 c married. This he had since done.