IN THE LAND O' CAKES.

Auckland Star, Volume XXXI, Issue 180, 31 July 1900, Page 3

IN THE LAND O' CAKES.

A N.Z. LADY'S BREACH OF PROMISE ACTION.

SHE CLAIMS £30,000.

(Prom Our Special Correspondent.)

LONDON, June 29. .

During the early days of this week Lord Sltorlmonth, Darling sitting in the Edinburgh Quarter Sessions had a very peculiar breach of promise case to tackle. The plaintiff was ,a Mrs Catherine McEwa-n or Brodie, n lady with a past, and she sued David MacGregor,: a contractor and money lender of Glasgow, for £30,000 as solace for affection wasted upon him. Mrs McEwan is an artist who was at one time well known in New Zealand, where in 1879 she married Mr Oswald Spottiswood Brodie, by whom she had three children, two girls and one boy. After ten years of domestic bliss with Brodie she discovered that he was not built, on the pattern of Joseph, and consequently she sought and obtained a divorce in October 1889. Sooii afterwards she came home with her children and managed to maintain them In .decency-*.and comfort by the aid of her pencil and paint brush. In the autumn of 1898 a mutual friend introduced her to David iMacGregoif, a wealthy man, who had known Mrs McEwan's father, and David at once began to pay her marked attention, and finally he pro-* posed ( marriage. On September 37 they went to Edinburgh together— a first-class carriage being secured for them by David—and in the course of the journey he. renewed 'his proposal. Mrs McEwan accepted, and it was there and then arranged that soon after Martinmas 1898 they should be joined in the holy bonds. Somehow David didn't grow keener ito possess, Katie for his very own as the day drew near, and finally he desired and obtained a postponement till the August of .1899.., When that month arrived he backed, out of the arrangement, and since then has persistently refused to carry out his contract.

That is' the substance of Mrs MeEwan's story; David's was very different. He... denied the promise but argued that if he had ever made such promise he was entitled to' "cry off" free of the charge in' view of the lady's antecedents. David alleged that he had discovered that Mxs McEvvan's pictures--, were painted by somebody else, and would not admit that her husband (Mr Brodie) was divorced from .".heal He further stated that subsequent to April 1898 she raised an action against a Glasgow gentleman for £10,000 damages for breach of promise .and £15,0Q0 for seduction, aaid that p ( n July 1898 she received £10,000 in . settlement of his claims. After receiving payment of that money David, alleged that Mrs McEwan formed a plan to entrap hip in order to. force him to marry her, or of extracting money from him in event of his refusal to dp so. David's wealth was'-put.at' about half a million by Mrs M"cEwen, but MacGregor said that .was a gross exaggeration. As to her statement that when they discussed the question of marriage he had spoken of settling £30,0Q0 upon her and £10,000 on each of her children, well that was a fabrication.

Catherine's reply to David's nasty allegations was a denial of the picture fraud, and a statement that his averments so far as they reflected upon her character were "false and calumnious" and made "maliciously in order to wound her feelings and deter her from suing the present action." . With regard to the previous breach of promise^ action Mrs McEwan explained that she believed herself to be the lawful wife of the gentleman referred to, and her action against him was, inter alia, for declarator of marriage. Throughout the time the action 'was in progress Mr MacOregor was on friendly terms with her, and was not only fully aware of the action and of the whole circumstances out of which it arose (including the birth of a still born baby) but advised her as to the proceedings and particularly with regard to the settlement of the. investment of the £10,000 she received.

After hearing the pros and cons Lord Darling- decided that the case was one for a jury.