The Breach of Promise Case

Evening Post, Volume XXXIX, Issue 58, 11 March 1890, Page 4

The Breach of Promise Case

Tho following is a roudonfiod roporfc of tho brcaoh of promiso case, Ctiarlotro JtilK v. ■ H. Hyam?, tried in N'olfon on Sahirday, i-i which tho jury awarded -£150 damages. Mr. Pittexp)niiiodthooau9o of action a* follow*: - The defendant oamo to Nelson in January, 1886, when ho first met the plaintiff, und from that time a correspondence was kept up, he biiing deeply in lovo with the plaintiff, whioli tho jnry would not wonder at when thoy saw liar. There wrh no contract of marriagn until the Oth May, 1888, n.lbh<mg*_ hnmlredi of letters passed between Ihem Tho j-liintiff iinrocd to marry him, and t'us marriagu wuh to take plnco at tlio following Clirifllrmw, but the defendant was h're aguiii on tho 9th November, when tlipy agreed to marry in tho following Juno. In April ho was here again, whon it whs agreed that thoy should bo married on Chriatmis Bay, 1889. The defendant, wont ho far aH to write to the Hogistrar, asking if ho would attend at his offioo on that day, to which he agreed. Tho pluintiff cave evidence that she was in sorvico at V)h per wwik, and had boen ncnrlv four yearn in her hitua'.ion. Tim following lettors wcro produced :— Tho following letter recuived Uth Miiy was put in : — My Dear Charlotlo— Your j.istly in"i<>nant lottor reached me Uiin afternoon (a f«-w hours aftiir tho other), and each word cut to my heart like a knife. I havo b»nn almost silly sinfio I wroto you that last t> rriblo lottor. and would havo j'iv< n all t cv.t possessed not to havo sent it, but it was written and posted in the heat and blin'Jnefm of my fury— not at tho though), of tho truth of what waa said, but the pnoule who mud it Boliove mo, darling, I never had tho least idea that there wai such a thing a» the letter hinted at; but oh, Charlotte doar, try to imagine how I wan placed. Not a soul th.'t I can call a real friend— that if, one whom f oould toll theso trouble* to, for they are Hfioretß sacred to you and I only— and all sortu of Biinera and inmnuatioiiH thrown at me, with hints of something darker than all behind. Add to this, darling, tho fact that it was a female, whom I could not revenire myself on. I oan't be held anawerablit for what I wroto. For tho Hake of tho love plodgod between us time aftur time, try to blot oat from yonr raomory tho thought of what has just passed. Givo mo tho right and tho power to disputo all and ovorything os your rightful protector. Givo rao your promise that boforo the year is out you will face the world as my wifo. Promise mo thin, my darling, and forever put an end to all our hoartrendings and troublc-H Everything is in onr favour tor doing ho I have tho oomploto confidence of my employers. lam advancing stoadily in my position, and my friends aro without number. What moro can I offor you, darlinsr ? that is possiblo has boen tried to separata us, bnfc to no purpose. Why delay then? Why withhold that happiness from each other that wo can only havo by being united anil ablo to share moro fully each others joys and troubles. I only wish I had a>-ked you to do this before ; in my madnoss, I put my pon to such a lottor as I wroto you. f cannot nsk you to forget it, for I know tho insult will always rankle in you, thonch I hope by my lovo to wipo it out completely ; but oh ! darling, if you cannot forgot it at onoa forgive it. Forgive my sin, sweetheart, as you would forgive one who was guilty of simply loving you too well. Try to think it was not mo who wroto tho letter, but tho evil patnioni in mo were roused beyond control. If you know how miserable aud ashamed I have felt, I am certain you would grant mo your pardon. Oh, Charlotte, darling, if I could only see you now and toll you what I think of myself tor writing as I did you would pity mo— Oh ! my darling, do write qniokly and say that you do forgive me. Do not let me feel much longer as Ido now for what has passed, for it is moro than I oau bear. Toll ma also, sweetheart, that you will also grant mo tho request I have asked, and be sure, pet, that yoniare trusting yourself and your name to mo, who will guard both with his life as long as it last 9 Blot out tho post few days aa a horriblo dream and allow mo to be as over, Yours, and yonrs only for ever, Hakbt. p.S. — Try and write in answor to this a letter like you wrote on Sunday. Those who truly love can surely forgive. Plaintiff agreed to this proposal. She said — Tho trouble referred to was that his mother was doing all that sho oould to, givo mi! a bail character, saying that thorn was a pago in my life that would not bear tbo light of day, and he Baid it was said so persistently that ho oould not but bolinvo it. His mother oamo to mo in 1838. I did not sco her, tba defendant and I keeping ont of her way. I bad somo sort of a fit through fright of her. She told people that she would tear the clothes off my back, and tho dofondant told mo thero was nothing the mother would not do. Other letters were put in, iv which tho following passages occurred : — 22nd July, ISSB Yos, darling, in loss than a wook from the time this reaeheß you, I shall hold you in ray arms onco more, and though my visit will bo short it will bo a break in the dreary waiting from now to Christmas. filth October. ; , . I had a lottor from Mr. R. Kirtos, tho Rtsriatrar, on Wednesday, and he says although, thoy don't open the oHlco on Christmart Day ho will go thoro to oblige us, but it will b» at 8 o'clock in the morning. Fancy getting" married boforo breakfast, doosm't it Boem funny? Well, darling. 1 shall havo to stop for want of news. Don't bo angry at me for keeping you so loug, I know its too bad, but it waa through lowing it so late, and I don't like writing to yon, as it alwayb makes my sweetheart seom so fat away wnon I havo to write. Ever yours foudly, Harry. 7th Novembor, ISB9. Doar Til— Had you not written so soon I should still havo sent you a letter by this mail, as I folt it was a thing I had to do at once. Do nos blame me too muoh ; think only that I lovod you truly for years and meant every word I said to you. Would kli*t you had nevor loved mo so well that •voo might not feel this blow. Yes, Charlotte, the teat has come, and I was only ihuinin aftor all. I fought againet the foolfing as k>ng as I could, but it waß no ueo, and then came tho thought, which had novoi hoforo entered my mind, "Is she auitocl tc mo i« a wifo f" and then I know my lovo fos yon had died My heart auswered "Vi s," bnfc my hoiul said •* No." ion aro good tiuii pure to all that a woman should be, with a hcirt full of love and kim'.jiesx. but our lives lie in different directions. My tastes arc not yonr tastes, and yon would only bo un hippy (i-nongsb the people witli whom I shall havo to iuko my place in tho world. Thi c is not yottc fault ; it is your misfortune not to have raoeivod tho oduoatiou requiring the accomplishments thoy pos»e8B, but only to think that 1 am giving yon l>ara which will curse you tor a time nnd then dio out, leaving jou happy again, la it not better, thon.'thanjto marry and then find out your mistake? What is a few monthß pain to a long lifo of misery, from which thoro is no escapb but death? Uh, that I had foreseen all this. But who can read the future, or who can disobey fcho dictates of the heart P If I were with you 1 could tell you so muoh better what I moan and feel than I can do by writing. Romoinber, Charlotte, I have always treated you with love aud respect and obeyed;your every wish, and all I liavo ever done during the time I have known you has beonfor tho sake of your happiness. In the rooolleotion of the love I have shown you and tho happy times wo havo spent, unsullied by anything itnpv.ie or dishonourable, try to forgive me ; I toanooc ask you to forget, as that will bo impossible for both of us. jNo one knows what faas ptesod between us, and no one need know ; let the world think you havo found me unworthy, and given mo up. Spread any report you iriefc ; I will not deny it. One thing I aslc of you, and I mean it truthfully. Should you ever want a friend, and not know where to turn, think of me ; more I cannot offer you. My heart has changed, but I will always think of you as a trius, puro woman, deserving of any man's respect. May God forgive me the pain I am causing IB the earnest prayer of Yours, unworthily, Harrt. 12th November, 1889. pear Til, Yours of tho Bth reached me this morning- and althongh you havo doalt rather hardly with me, still I can only blame myself for deserving it. You askod mo why I didn't see 'before that yon wore unfitted for mo. How *ould I whon all my senses wore blinded with lore ? Surely my actions jainco 1 have known you should prove that 1 never intended to act otherwise than honourAbly towards yon, hut what would bo tho nseof'iny marrying you? Wo never oould ho happy, and it is hotter to ond it all now. Aa to my going to Nelson, that is out of the question, and it would be useless your coming over, and foolish too. I hwe no desiro to shirk any responsibility I have luonrrod, and »11 you. nsk vrithin reason I will do, but pleaso don't oomo actosu ; it would be moro titan I oould boar to meet you at present ■after all that has pasted, for I [col still that & cans for yon, but know that our dream must end. Please write and let me know what you wMIw M l do, and try to think as kiwily aa you oau of me. Believe me, doar girl, it has pained me very muoh to write this, but I am sure you will think by-and-bye thia has happened for the heat. If your futuro lifo it as happy as 1 wish, yon have no cause to <20»plain. Believe me, yours fciaserely, Plaintiff said Bhe was roady to marry, and had spent about .£SO in preparations. In oroas-examination sho said her age war> 22. The following ia a roport of pnrt of the oross-examinatiou s— Would you miirry nny «an if he told you he had ceased to lovo ;y<M? I would marry one. Who? Mr. Hy*tns. I would marry him at nny time. What particular qualifications do you wiah your husband to possess? So long an he could *fiord to keep me comfortably C would not care. Suppose Mr. Hyams did not know his own mind all the timo he wrote those letters, and he told you he did not love jou, would you marry him ? Yes. Yon re«s«ived a letter in November, jii whioh ho told . yon your tas'es were not alike, and that you woali not ■ be happy among his people ? Tea. You wore acquainted with his mother before this? Yes. And yon got a fit in thinking of seeing her? Yes. Is that the ■ort of mother-in-law you would have liked ? She would not h»ve troubled me if he had Iwen a proper hiubund. Suppose the conifce*£s of tho letter of Hut 7th .Novembor to be fane, do you consider it an unreasonable one? Yes. You were very happy with tho defendant? Kxoept when I was disturbed by his p«op)o. Ho wooed you as a goad lover should? I snppoao no. Did you ever know any other young man? Of course. Bat I mean to lovaj' No. What! never? No. Did you ever walk out with any one young man in particular ? No. With regard to one young manj witness said— He walkud home with me occasionally. Wero you ever engasred to him ? No. No lotters between you ? No. Do you swear that ? Woll he has written one. How many havo you written to him? None that I know of. Now try and remember ? Not since I was engaged to'Hyams. Before then did you write many, rV) JThere might have been ono or two. Love letters ? No. A business ' letter ? No. There' ''are other kinds of letters. Where you ever engaged to him? No. You never made a

olaim on him for broach of promise ? No. Quito auro '< I swear I novor did. On rocoipt of the letter in Novumbor did you po at oneo to your lavynr or wuit till Christina*) (>.iv '■* 1 went at ono. When you went to thu lawyer wns it the man jou n anted or the money r" Wither. I wu'i prepared to take either. What, do you supposo jou lost by not marrjintf tbo defendant? You have i not lost your situation or your clothes ? I havn lost a homb, and I had looked forward to being 1 out of service. But have .you lost a homo ? You are only 22, and there are plenty of good fif-h in tbo noa ! He has taken mo from my sitnation onco or twi(;c, and I loHfc my waged. That was when you went courting him, eh ? What wages do you suppose you fiav ljf-tr 1 kepi no account Do you know that the defendant ia a Jew ? Yes. >ro you of the i;amo denomination ? No. You wouldn't liko to marry a Jew, would jou? YeH. And jou value l.hn at .£505 damages ? Ye<i.