EXTRAORDINARY LETTERS.

New Zealand Herald, Volume LI, Issue 15551, 7 March 1914, Page 2 (Supplement)

EXTRAORDINARY LETTERS.

BREACH OF PROMISE SUIT.

YOUNG LADY DEFENDANT,

Is the list for trial in the King's Bench Division recently was an action in which Mr. Samuel Beach Chester, a barrister, sued a young lady named Soames, whose Christian name was not disclosed, for breach of promise of marriage. At the last moment, however, notice of discontinuance of t.he suit was given.

Mr. Marshall Hall, for Miss Soames, j said that Mr- Chester was a member of the Bar, and Miss Soames was very considerably his junior. In the course of the case diere was an enormous volume of correspondence, and during his 30 years' experience at the Bar he had never read such letters. He had hoped to have an opportunity of cross-examining Mr. Chester in open court, but on Monday night, after the court had risen, a notice was received from his solicitors stating that Mr. Chester wholly discontinued the action.

A difficulty of a practical character j arose. A most improper use had been made by Mr. Chester of the possession of letters written by the lady to Mr. Chester during the two or. three months in whicn the friendship or acquaintanceship existed between them. He should have asked when the case came on for trial that His Lordship, after seeing the letters, might make an order that they should be delivered up. Counsel handed to Mr. Justice Darling a letter written by Mr. Chester to the father of the young lady, and added:—" need hardly say that the father is a man of very considerable means and position, and the case has been a very painful matter to him.

" I do not think it would be right to read the letter in open court, the plaintiff not being present, but I think Your Lordship, after perusing it, will agree that improper use is attempted to be made of the possession of these letters. The important part of this letter is the first page down to the words ' sleeping cabin.'" "I have read the letter," said Justice Darling, " and I think he will have to explain how the bringing of this action for the purpose disclosed by this letter is not an abuse of the process of the court." The case was put back, the judge directing that notice should be sent to Mr. Chester's chambers and also to his solicitors. His Lordship added, " They will probably think it worth while to come."

Later in the day Mr. Chester came into court, and the judge said to him, It appears by this letter handed up to me and by the statement of Mr. Marshall Hall, that you are in possession of letters written by this lady to you?" " Yes," replied Mr. Chester. These letters are, of course, the property of the person who wrote them?— The copyright is.

Are you prepared to hand over the let ters?l have no objection whatever. You will hand them over to the solicitors for the defendant. That is quite understood Certainly. Justice Darling said Mr. Marshall Hall would supply a list of the letters desired, and he directed that all the letters be handed over by twelve o'clock next day. They could be then examined, and if the lady had not got all she desired a further application could be made. " I am satisfied," said the judge, " that a use might be made of these letters which the court of which I am a judge could not permit, and if any barrister were to threa ten to make use of them it would expose him to an inquiry by the Benchers of hi* Inn. Therefore I wish to take particular care it is out of your make any such use of these letters which might bring you before the Benchers." " I am afraid I wrote that letter wholly in the heat of the moment," observed Mr. Chester.

" It may be you did," said the judge. "I am not to judge the matter. lam only pointing out to you the reason why it should be put out of your power to take any such steps as this letter threatens."' Judgment was formally entered for the defendant.