ENGAGEMENT PROBLEM

Greymouth Evening Star, 8 May 1931, Page 12

ENGAGEMENT PROBLEM

VIEW OF BACHELOR JUDGE.

The view that breach of promise actions lower the dignity of womanhood was expressed at the Sussex Assizes recently by Mr Justice McCardie, who is a bachelor. He was summing up in a claim brought by, a jilted milliner’s shop assistant. He said: —“I think there is no more degrading occupation for a judge and jury than to estimate damages in such a case as this. This case illustrates the point which should be considered by the wise womanhood of this country. Is it desirable for a<girl to enter into an engagement with* a man without setting some limitation to the time -during which the engagement shall last?” Plaintiff was Miss Amy Violet Munday, aged 33, and' she sued a man of the v same age, William A. Barber, for breach of promise to marry. Mr Pensotti, for Miss Munday, said that the couple were introduced in 1923 and fell in love with each other. Barber, then a greengrocer, was not in a position to marry, and it was agreed that they should wait for a few years. Defendant eventually obtained a position in the’ post office telephones department, and in 1927 was sent to Dorking, where he remained for three months. He constantly wrote most endearing letters to the girl. At the end of one letter there was 21 marks indicating kisses, while in the next letter there were 75. Mr Justice McCardie: That is an unusual number. Counsel: I haven’t had any experience, my lord. In July, 1929, proceeded counsel, Barber told the girl that he wanted to break off the engagement. When asked for a reason he said: “I hav'e met someone else. She is a widow living iff Park Lane, with plenty of money. You have to break our engagement off.” MOTOR-CAR AS COMPENSATION. Miss Munday said to Barber, “What about my eight years of wasted life?” In September, 1929, defendant offered to hand over to her his motor-car in compensation for the broken engagement. The Judge: She would have taken the motor-car instead of the man? Counsel: There was no chance of taking the man then, and they both considered she ought to have some compensation. Miss Munday, added counsel, went

to the garage where the car was supposed to be, and was informed that it had been taken away ; by Barber. The judge pointed out that some of the letters received by lyiiss Munday bore on the back the letters “S.W.A.L. K.,” and he asked what they meant. • Miss Munday said that they meant

“Sealed with a loving kiss.” The judge said that he had never heard of that before, and asked Mr Pensotti if he had, and counsel replied, “Yes, my lord.” “I suspected you from the beginning,” commented Mr JusticeMcCardie amid laughter. Barber stated in evidence that they mutually agreed that the engagement should be broken on condition that Miss Munday had the motor-car. In cross-examination, he admitted that she had not had the car, because his mother, from whom he 'borrowed the money for its purchase, had claimed it. He was only earning £2/11/- a week. In reply to the judge, Barber stated that he told Miss Munday that if he married her, “life would be a hell,” as it was bad enough before'