"NEVER A DAY'S LUCK"

Evening Post, Volume CV, Issue 111, 11 May 1923, Page 8

"NEVER A DAY'S LUCK"

AN UNFORTUNATE ENGAGEMENT

ACTION FOR ALLEGED BREACH

OF PROMISE.

While admitting that he had broken off his engagement with the plaintiff, the defendant in a breach of promise case heard at the Supreme Court to-day by Mr. Justice Hosking and a jury of twelve, held that his reasons for so doing were quite sound. Plaintiff claimed the sum of £750 as damages.

The plaintiff in the case was Winifred Eileen Riordan, for whom Mr. 0. Beere appeared, and the defendant was Edward William Veitch, .who was represented by Mr. T. M. Wilford. Mr. Isaiah Fake was foreman of the jury.

Mr. Beere said that the action was for breach of promise.' But the parties were young people, 24 years of age. They became acquainted at Wanganui in 1916, and an intimacy at once sprang up. In ! 1918 they agreed that as soon as they beI came of age they would become engaged. In 1920 they were separated at times, but they constantly corresponded with each- other. The formal offer of marriage was made in February, 1920, and was accepted by the plaintiff, who later left, for Stratford, but returned and secured employment at a tearoom at Aramoho. In March, 1921, j the plaintiff went to live at Taihape. The defendant never visited the plaintiff at Taihape, but she made periodical visits to Wellington to see the defendant, and there was no sign of any break. All went well until February, 1922, but after that he ceased writing to her, and | the plaintiff became considerably affected as a result. The girl later visited Wellington to see Veitch, who then told her that he wanted to break off the engagement. It was a heartless way to treat the girl, said counsel, and the girl's father thought it only fair that there should be some compensation. EX-CONSTABLE'S EVIDENCE. James Eiordien, a carrier, belonging to Taihape, said that he was formerly a police constable at Wanganui East. Witness produced a letter in which the defendant asked for the hand of witness's daughter. Mr. Wilford-. "We admit that we were engaged to the plaintiff, and that we broke it off. It is for the jury to say whether we had a ground for breaking It off."

Mr .Justice Hosking: "It's a question of damages,, then. Perhaps the letters shouß be read to show the : warmth of the affections of the parties. If the attachment was only lukewarm, then less damages."

Mr.. Wilford: "Some, people liavc an aptitude for writing temperamental letters."

Witness eaid that his daughter had prepared very considerably for bcr n,Mriage, and as far as he knew elie was ready at any moment to /narry 1l:e defendant. Describing a conversation with Veitch in Wellington after the engagements had been broken off, witness said, that hie daughter had said to the defendant: "What do you mean by ireating me like this? You will never have a day's luck." Defendant replied: "That's my funeral." The parties then considered possible compensation, and defendant, said witness, told the plaintiff to make her claim.

His Honour .\ "We haven't he*rd what the defendant is. Is he a millionaire or « pauper?"

Mr. Wilford : "Neither. He gets £4 a week as a clerk in 'The Dominion' newspaper."

Witness said that prior to his present employment the defendant was in Dartaerehip on a farm.

HiV Wi]ford: "There were thirteen on that farm, I believe." His Honour: "Quite a clan." Mr. Wilford (to witness): "You were » member of the police force?"—"Ya»." "And you retired?"—" Yes."

"You were given the option of retiring?"—"l retired." _ "You were siven the option!"—"I retired voluntarily." Mr. Wilford: "Very well; if you won't be more frank than that you must take the consequences. Now, Mr. Riordan, yon say that Veitch always acted as a I gentleman?"—" Yes."

"So much oo that he helped you into your house when you were drunk and had a black eye?"—" After I was assaulted and left unconscious on the road." i "Very.well. That is what the inquiry was about, anyway?"—" Yes." "And you were asked to retire!"— "I retired voluntarily." Witness was closely examined as to th» relations of his daughter with the. sou of a farmer near Wanganui. Mr. Wilford: "la this your case or your daughter's?"—"My daughter's." ''You are not after Veitch'g money?" —"No, I dont want a braes penny of it.'' "THE COLOUR OF LIFE." Plaintiff was the next witness. She said she was 24 last October. She first met the defendant between six and seven years ago at the Okoia Hall. Mr. Wilford: "May I say again that We admit that tha parties met, became engaged, and did all the things that engaged people do." Mr. Justice Hosking: "I am afraid Mr. Beere's evidence would be rather dead. 'We had better have a. little of the colour of life about tha case." (Laughter.)

Referring to her relations with the farmer in question, witness said that she went out to stay at the farm in order to .' recover her strength after an operation for appendicitis. One morning the farmer, Cavanagh by name, had certain, relations with her, and she became pregnant. Despite this fact, said witness, ' defendant said that he would still be the same to her. Witness said that she had everything ready for her marriage with Voitch, having completed her trousseau and the household linen.

Mr. Wilford: "You haven't had a, letter from Veitch for two years?"—" No." "And you ask the jury to believe that despite that fact you were still sweethearts?"—" Yes, we were. I was true to him." , "I'm trying to think how two people could love each other and yet not write to each other."—"The love was off on his side."

"Didn't you deceive him when you got engaged to him?"—"No, I did not." "During all this time, have you lost any weight?"—"l think I've lost a little." -.

His Honour: "That may have been due to living in Taihape." (Laughter.) "DIRECT MISREPRESENTATION."

For the defence, Mr. Wilford said that the principal line was that there had been direct misrepresentation as to the relations between the plaintiff and Cavanagh, and that therefore the defendant was entitled to break the contract. >

The defendant, in the box, said that it had been represented to him in a letter from the plaintiff that Cavanagh's attentions had been forced upon her. The news that Miss Rjordan was pregnant came as a shock to him, but he forgave her. (Proceeding.)