BREACH OF PROMISE CASE.

New Zealand Herald, Volume LXIII, Issue 19382, 17 July 1926, Page 2 (Supplement)

BREACH OF PROMISE CASE.

FAITHLESS YOUNG FARMER. CUES! OF FAMOUS "RANJI." SCORES OF LOVE LETTERS JURY AWARDS £750 DAMAGES. Keltlom has a more romantic love story been told in an Assize Court, than that •which led to a broacli of promise action, heard at Cambridge, England, before Mr. Justice Shearman recently. A young student farmer went out to India as a guest of the Jam Sahib, better known as Prince Ranjitsinhji in the days when he was a great figure in the cricket world. The parties to the suit were Natalie Mary Cutbbert, aged 25, who sued for breach of promise to marry her, Herbert Charles Hedges Rush, aged 26. Opening the case, Mr. Roland Oliver, K.C., described how plaintiff had lived at . Newmarket with her parents and become engaged to Rash in December, 1922. Defendant was in a good position. The couple had known each other practically r,ll their lives, and had always been on affectionate terms. The engagement was approved by the parents of both, a ring was given, and all Miss Cuthbert s friends knew of -it. Plaintiff, being desirous of having some occupation, had done work in the, secretary's office at. Newnham College, and she continued in that occupation until 1924 for a period of four months each year,, earning from 30s to £3 per week. The intention was that when they married thpv should live on a farm which defendant's father was to buy for them. Besides having a substantial yearly income, believea to be about £BOO, derived from property left by his grandfather, Rush came into a legacy of £IOOO. while ho was engaged to Miss Cuthbert, and he owned a motor-car. Counsel exhibited uo the jury a bundle of typescript letters, two inches thick, written by defendant to Miss Cuthbert. There were none of the young lady's epistles, as she had not kept copies. An Exacting " Young Man. Defendant, continued Mr. Oliver, was a somewhat exacting young man, and he took up rather a dictatorial attitude toward Miss Cuthbert. He did not like her to indulge in games, and she had to give up playing golf. Then he did not like her doing work of a voluntary character, and he did not care for all her friends. On one occasion he wrote: — Darling.—You did not mind not coin? to last night. did you? .1 think we both ought to have the same friends, don t you, angel? And I can never be fnend3 with them again after the >vay they have ignored you. Except —she did congratulate roe, and was quite nice about it. they have not got the decency of s, tower rat. Her friends being objected to in that way, she gave them up. Her work also conflicted with defendant's desires. In February, 1923, he wrote: — My precious,—lf I want you to come down iere in arch you will come, won't you? "Would not you give up your work for a few ■days, I am- pure they don't want you onekalf in the- spring? I was rather curt when you said last night on the phone that you ■would not because of your work. I shduld have thought that you would have given up anything to have come away wit J in e for a f?.w days, I .am sure they don t wan. you cne-half so much as I. do, darling. " I think you belong to me more than yon do to them, don't you, sweetheart?" proceeded Rush. "I felt quit 9 bad about ib last night; because 1 thought you were always so keen to come here." The inis«ive continued:— "What difference does the time make? Surely you could give up a-week's, work for • trip like that. My precious darling, don t think I want to take- you away from your "work, although X do really want to take- you ■away for ever. But I want to just please you. If they are bnsy, let them bo busy. They did not want you when I wa3 away last time. " Living Like a Lord." Proceeding) Mr. Oliver mentioned that the young man's father had some distinguished friends, among them Prince Ranjitsinhji, the famous cricketer, who stayed •with him for a few days in this country. The prince of that' time was now the Jam Sahib, a reigning potentate in India, and he took a great fancy to defendant, who' was an excellent shot. The prince, interested in this, invited Rush to stay with him in India, and' in October, 1923, he, with the consent of plaintiff, went oat for a six months' visit. Defendant was to como back to marry Miss Cuthbert, and during the interval his father was to look for a farm ior them. Travelling in the suite of a reigning prince, Rush came into contact with a very lemarkable amount of luxury, which seemed to have impressed him a good deal. The judge: Irt one letter he is putting ©n weight. I see. (Laughter.) Mr. Oliver quoted from another letter, in which defendant wrote:

The Jam Sahib is a perfect dear, and is ' kindness itself. I am living like a lord, and expect I shall get a3 fat as a pig. Of course, I never pay for a thing. Jam Sahib would thiuk it an insult if I did. It's wonderful to. travel with a man like Rnnji; one feels no end of a dog, my ownest girl. You ought to be proud to think that I have «one out with-such a man as Ranji. I am sure it will be a great experience and a great education. Then as soon as I get home we must get married, must we not, sweet ? In a letter written on the steamer Maloja, at, sea, Rush drew a plan of a dinner-table. at which he was sitting with the Jam Sahib and other distinguished people, on his right and left. Continuing, defendant wrote:— I am , surrounded' by sirs and different sanibs. I feel very honoured, sitting on toe Jam Sahib's right. He is a most perfect boat, my dear. He is, a dear, and most, awtully kind to mo—calls me " old and " old chap.' and if 'I were his lion he could not bo kinder. Jungle for Tiger Shooting. In another envelope Rush enclosed a plan of his suite of rooms at the Jam's palace at Jamnagar. Apparently the Jam had been so impressed with defendant's shooting that he hired a large tract of jungle for him to shoot tigers, and defendant put this forward as an excuse for not getting home as early as he had contemplated. He explained as follows: '' I thought of leaving about March 29. and arriving in England about April 12. If I don't go to the Central Provinces in' March J. 3. will be awfully disappointed, as ho hi-ed it for me. Also I'm sure you would like me to kill a tiger. You see, darlin" it will be the best shooting I shail get. As'for coming out hero again, of course, darling, we might both come out later ou. but Lord knows anything might happen to J.S.. and then I should never get the chance of biggame shooting again. By this time the father had found a farm, and defendant wrote:— Great news from father this week. Ho has two farms in view for me, so 1 guess there will be a wedding at Newmarket this eumme:', don t you, darling? A later letter contained the following: Father has found a farm for us near Bury. St. Edmunds, finite a nice house, r, about 500 acres. It really seems tt:e goods this time. I am wilting to him this week. to tell him, if ho thinks it is all right, to push on with it. Writing, again from the palace in March, 1924, defendant declared: — I am simply oS my head with joy. So at last, sweetheart, we shall be able definitely io i>o married this year. Miss Cuthbert, said counsel, gave up her work in March, 1924, and in April Rush returned- As he could not get posses- \ £ion of the farm, the wedding was pat off i .until tho'autumn, but defendant went!

again to India. Coming to plaintiff at the last moment, ho told her that the Jam- had asked him to go out again, and would she agree ? He explained that his father was pressing him to go, but that he did not want to. She replied, "If io is'only your father pressing you, you don't want to go." Next day he told her that he wanted to return, and she agreed, defendant promising to return by January, 1925, when he would marry her. Ho wrote from the Great Eastern Hotel, London, on October 7, 1924. IS T ow you must. not fret, sweetheart, for I shall soon tie hom» again. You must try and have as good a time as you can while I am away, ducky, and, please, for my sake, don't fret too much. On November 5 defendant sent the following letter from the palace:— i am very pleased to tell you. darling, that H.H. has made mo an A.D.C. temporarily for the Viceroy's visit. He is puttins mo in charge of one cf tho camps. Conversation on the Telephone. In a message, dated November 18, Rush gave the first hint that' he was not returning, as promised, his explanation being that two friends were coming out in January, and his father wanted him to bring them home. He assured plaintiff that he would arrive as soon as ho could. Miss Cuthbert replied thijt he must como back as promised, and he telegraphed that ho was returning, on January 17 or £O. Ihe girl was terribly upset, and had a conversation with the father on the phone, in which Mr. Rnsh, sen., told her that he saw no reason why his son should come back, as there were business reasons for his being in India. There was a subsequent conversation with the father, which plaintiff recorded as follows :

He: I've been thinking things over, Natalie, and I have decided to have noth-ing-whatever to do with youxs and Peter's affairs I have never interfered- before, and don't want to now, so you must .wire what you like, and 1 won't be over this evening.

Me (very nicely) : If you don't mind. Mr. Rush. I would much rather you explained matters tc me. as otherwise 1 I shouldn't know of any reasons to let Peter stay. He (hastily): If you are curious on that point you must ask Peter himself. Me (annoyed): He told me he went for pleasure, so either he or you must be lying to me. ■ ' '

He (very angrily): Well, if you are going to accuse me of lying, the sooner I rmt down the . receiver the better.

Both together: Good morning,

Counsel said he thought the jury would have little doubt that the Jam had offered defendant the position of aide-de-camp, in a suite of rooms, so that he could live like a lord, and pay nothing, and he and his father thought it would be a good thing to take it. Defendant subsequently wrote:

My Dear Natalie,—l have received your letter, and it has upset me dreadfully. I am afraid I can't forgive you for calling father a liar. You see, he is my father, and I owe him everything I have in this world, so it hurts me terribly. I know I promised you to return in February, but after what has happened I must break my promise. It seems wo are always to quarrel with our families, and. as it continues. I think it better if we break oft out engagement. I must also tell you. Natalie, that I can't love you as much as I did. I have not given my love to any.one else. I don't think I ever shall, but I don't love you enough to make our marriage a success. Also. I am afraid, we shall never agree on the subject of religion. I release you from our engagement. and ask you to do the same for me.

I know you v.-ill be miserable at first, but you will meet someone who will mako you much happier than I should. Mr. Oliver, in commenting on the latter excuse, observed that defendant, a Protestant, had previously offered to embrace plaintiff's religion, that of a Roman Catholic. Miss Cuthbert, a slim vonng ladv, wearing a fawn coat over 'a pink costume, with hat to match, gave evidence in corroboration, with composure. Mr. Justice Shearman recalled from the correspondence that Rush wrote on one occasion describing the magnificence in which he was surrounded, and mentioned that he had been presented with a tie pin. He added : It is a beautiful ruby surrounded by diamonds. It is a- lovely ruby, and the diamonds sparkle like anything. Of course it j_3 useless to me. darling, and when I come nome I shali have it made into a rinc for you. The jury awarded plaintiff £750.