BREACH OF PROMISE

Greymouth Evening Star, 24 July 1930, Page 8

BREACH OF PROMISE

NURSE AWARDED £2OOO.

A nurse, who was recently the cessful plaintiff in an action to 1 ., breach of promise of marriage, heai<j| at Cambridge- England, has haci j reason for doubting the truth or the saying that. “Absence makes th&hsai* r.row fonder.” Her swain went u Kenva. Africa, to better his tortumw, and she remained in England awaiting his call. It was the usual story of hitters —at. first, full of expressions or tender and romantic affection—becominr cooler and cooler, to be terminated later bv a curt intimation that the en-■-aaement was at an end. The case is reported in the “News of the World.' Though in the halcyon days of his courtship ho wrote, “I can still fee ivour last kiss on my lips, Robert 'rumple Bowyer, aged 33, formerly bank clerk at Newmarket, son of a wealth? Huntingdon farmer, and now in the hotel business at Kenya, did not appear before-Mr Justice Macnaugnton. and a. special jury to witness tne Imai scene of his ill-fated romance with Miss Doris Lawn, aged 31, a nurse emhfioyed at Marlow, and formerly of the Roas Memorial Hospital, Newmarket. (Damages for breach of promise of marriage to the extent of £2OOO were awarded against Mr Bowyer Miss Lawn, a tall young woman, wearing a. black costume, with a white blouse and horn-rimmed spectacles, sat with two female friends. Her counsel, Mr Van den Bergh, suggested that the reason for defendant s anscnce was that his conduct was such that he did not wish to submit to cross-examination and io explain matters which were really incapable of explanation. It was an exceedingly sad story, de<clared counsel, and was not a case in which a man became engaged to a girl for a. few' months and then changed his mind and broke it off. There was no dispute of the. promise to marry or the breach, and the only question was the amount defendant should pay. The parties first met. at a dance at Newmarket, in 1921, when Miss Lawn was 22 and Mr Bowyer, who was then a bank clerk, was 24 or 25. His fathei was at that time- a retired farmer, of Brampton, Huntingdon, and was a hvealthy man. They became engaged in 1922, the idea being that it was to be for two or three years, as defendant -contemplated going to Kenya. Defendant took Miss Lawn to his father’s home and introduced her as his fiancee, and she was so regarded by everybody in the family circle. In 1923 he went to Kenya, his intention being to learn, farming, bur. apparently lie went into the hotel business, with great success. Defendant’s letters showed that he acquired, either by himself or with a partner, two or three very good hotels, and appeared to have made a considerable amount of money, in addition to which he inherited a large sum left by his father. His letters breathed the utmost affection, and he gave Miss Lawn information as to the clothing she would require in a tropical country. He described arrangements for the honeymoon in that “glorious country,” and all his letters at first, illustrated the. belief that absence makes the- heart grow fonder. During 1923 and 1924 defendant wrote plaintiff every week, but at the end of 1925 the letters became less frequent, as if he had been keeping the girl on a. string all the time. - Having heard from defendant only four or five times during 192(1, Miss Lawn cabled to him inquiring if his sacred promise still held good. For no possible reason, and without any explanation having been given, even up to the present, he cabled back: “Engagement off. Letter in post.” This, observed counsel, was a terrible blow to this young nurse.

PASSAGES FROM LETTERS.

The letters commenced before defendant; left England. . in one- he wrote: “Forgive -spelling, but you know love is blind. He addiessed her as “My own dearest pal,” and pro-ceeded:—-“I will try always to do my he. t in everything I take on for your m . ■. I hope and pray some day we [ilia.’i be happy together. It will he for you I am working now, and if X have any luck 1 will make you proud of me. “You know 1 meant, all I said with all my heart and soul, it is the first time i have- ever said anything of the kind to anyone. Promise you will always be my one and true one, and it may not be so long before we get married and have a wee little flat of our own."

In another letter defendant wrote: “i am simply living for to-morrow to get a letter from you, as that is the next best thing to having you with me. Don’t tell me about people getting married until we can .talk about cur own. arrangements, dearest. No very big affair, because 1 should collapse in clwirch and you would have to show your skill in bringing me round. I can still feel your last kiss on my I’ps, although it was a week ago, and if it was a year I should, still feel it till 1 had another.”

Another letter written from Nairobi commenced “My own very darling ' girl, 1 love you with all my heart,” and continued: —“Darling,—1 swear by i all I hold sacred that I will marry you i- as soon as 1 have somewhere for you ho come out to. I will meet you when j you stop off the boat and we will go i imd get. married. I swear I will never •'have anything to do with any other i woman while 1 am waiting for you.' I Again defendant called plaintiff : “My own darling girl,” and wrote: — ’ “The sun is boginning to shine, I j think, for both of us. When you come lout 1 will give you a proper engagement ring. J hope in six months you will be out here as Mrs Robert Bowyer. Don't think 1 have ever forgotten you. 1 havo always thought of you and always shall. I have lots of plans in my head for our honeymoon. All my I levo and kisses."

in tho course of his letters defendant mentioned that the hotel was making a. clear profit, of £lOO a month, .and counsel remarked that, he had a capita! of £6500 in the business and wrote about taking' two other hotels. “Yes, darling, it has been more than year’ since I last saw you. and it seems a lifetime.” was part of another letter. Defendant continued:-— “When you are married you shall Jiave clothes to wear like the bestFressed woman out here. You an? to bo Mrs Bowyer, for people to look up to. not. down upon." After they bad engaged eighteen months Bowyer was negotiating for a second hotel, ami he wrote: —

“Things will lie much, brighter soon, darling. In five years we shall be made for life. The move money 1 can

collect the sooner you will be able to come out, and the better the place 1 shall have to offer you.” In other letters Bowyer wrote of Hie prospect of being able to retire at 40. “when we will settle, down and have a good time. I have asked father it he will lake a first mortgage on th? hotel for £lO,OOO. We are told we can easily make £3OO or £4OO a month." In 1925 he mentioned that be had £ 1000 in trust and £7OOO still to come. The letters still commenced “My very own darling," and ended “with al! my love and kisses.” i It was in 1926. related counsel, that things began Lo change. Defendant.J wrote: —“Dear Dolly.—l have enoughi worries out. hero without getting letters full of grouses every mail. If we are like this now what would it be like if we were married, If you care to break off the- engagement you are at liberty to do so and I should not blame you whatever. Since 1 have been here the unhappy marriages 1 have seen make me wonder what is the. right thing to do. “As things are now it is quite impossible for me to marry for at. least eighteen months, as 1 am not. in a position to do so. If you care to cable me ‘Yes’ or ’No,' I shall understand. ‘Yes’ means engagement broken off. As far as any other girl is concerned, make inquiries and you will find there is no one.

“You say you will come to Kenya. There is nothing to stop you, but if you do I break off the. engagement without hesitation the moment you land.”

Counsel remarked that that was an atempt on the part of Mr Bowyer to shift the responsibility of breaking off the engagement to the girl. In his next letter, however, he wrote: “My very own sweetheart. Can you ever forgive me for sending that last letter? Anyway, try, darling. Since then I have had the ’flu, and am not. too fitnow, but well on the mend. All my fondest love. Always your very own, Bob.”

When Miss Lawn cabled, asking if defendant’s sacred promise held good, she received a letter in which he wrote that if he had gone about with Other girls, as he could have done thousands of times, he could not have been thought worse of. He was not going to put up with grumbles. Then on October 1, 1925, he cabled: “Engagement off. Letter in post.”

The letter was in these terms: — “After your cable and the strained relationship of late, also doubting my word and honour re other girls, it is far better that everything should cease now once and for all. It has taught, me my lesson. In future, I shall not. see ladies in the same light as 1 have done in the past.

“Good-bye. I hope with all my heart you will find happiness, if not in England, abroad. I am sure somebody has poisoned your mind against me, but I. am quite ready to start again if. we agree to love one another again.” Miss Lawn cabled forgiving defendant, and expressing willingness to start again, but she had never heard from him since. Her mother wrote telling him of the dreadful shock the breaking-off had been to Doris, and advising him to reconsider his decision and cable “All well.” After Miss Lawn’s evidence bearing out counsel’s statement, the jury found as stated, emphasising that the £2OOO was net damages.