SUPREME COURT-CIVIL SITTINGS

Otago Daily Times, Issue 4344, 21 January 1876, Page 3

SUPREME COURT-CIVIL SITTINGS

Thursday, 20th Jjvnuahy. (Before His Honour Mr fegtice Williams and a Special Jury..), CAROLINE MASON HUCSMGS V. JAMES SHAND. This is an action to seeaver £3000, damages for alleged breach of pionjiae of marriage. The following are tite names of the Jury chosen :—Messrs H. S-,. Eiph, jun. (foreman), Daniel Haynes, Wro, Gilohrist, Jno. Battson, James Hogg, George Blyth, M. G. Heeles, J. B. Tkonison, Josewl*. Samuel, W. T. Grimstead, James Martb* and Jno. M'Neil. The plaintiffs decoration sets forth that she is a governess at "West Tflieri, and that the defendant is a farajea-i residing i" the same district: that on or. about the 13th November, 1874, the plaiatsiflf- and defendant agreed to marvy one another; that a reasonable time for such marriage has elapsed ; that the plaintiff has always bsea.rjDady. and willing to marry defendant, but i&ati.hG. has neglected and refused to many kay-wherefore she claims £3000 damages. The defendant in his plea denies all the material allegations contained in plaintiff s decl*ratio». Mr JasjQM^Smith, with him Mr Sinclair, appeir.s foi-plaintiff; Mr G. E. Barton, with him Mr Stoat, appeals for the defendant. Mr Wfck delivered an opening address to the Jmy, the main features of which were contained in the- evidence of the plaintiff. He-, then called the following witnesses :— The Eev. Dr Copland stated that he knew th© defendant James Shand. Witness was present at his marriage mi the 3rd November last. To the best of witness's knowledge and Iwlief Mis Shand was still alive. Caroline Mason Hughes, the plaintiff, stated that she was unmarried, and lyjew the defendant. Her acquaintance with the defendant commenced about 18G4. She- was then residing at Mr Rennie's. Defendant visited Mr Reiinie's, and after some time asked witness to be his wife. Witness consented. Pie did not say anything about his friends, but witness knew from other quartern that his friends objected to the marriage, on the ground that she would be useless as a fanner's wife. Witness was at Bonnie's f<»r about seven months, and she then west to live at Mr Grant's house as governess to his children. Shand continued to visit, witness at MiGrant's. No definite tiiuo was stated for the marriage to take place. Time passed on, and witness went over to Sydney to see some friends. She returned, and Shaiid continued to visit witness at Mr Grant's. He still said she was to be his wife at homo future time. He said at one time that fas friends objected, but that if witness wohW wait for a year lie would be free from his friouds. Ho still visited occasionally until about the year ISG7. After that, witness went to Timarii, and became acquainted with another gentleman, who proposed to her, and she accepted him. Before witness went to Timaru, Mi- Shand's visits to Mr Grant's place had almost ceased. Witness never sought an explanation from Mr Shand of his coldness. She divined the cause to be the interference of his friends. Some time in 1808 she returned from Timaru and went back to Mr Peter Graft's house, which is about three-quarters of a mile from Mr Sband's place. Mr Shand then renewed his visits, and asked if it w;.s true that she was to be married to another. She replied that it was true. Shand said if she married anyone else she would never be happy ; that she belonged to him (Shaud). He came backwards and forwards until at last he prevailed upon witness to give up the other. She then made no reference to his friends. Shaud was restored Lo his former footing, but not very long afterwards lie ceased his visits. She did not seek an explanation. There was some scandal got up about Mr Sband's sister and Mr Grant, and she attributed it to this cause. Mr Shand passed witness in the road without noticing her. Shand did not write to witness, although he wrote to her after she camu out from home, hut on a totally different subject. Witness took no notice of Shnnd's conduct, because she considered his friends still biassed him. Witness's health was affected by Shaud's conduct, and witness went to England in ISG9, taking with her one <>f Mr Grant's daughters. Witness returned with the child in 1872. Witness went back to Mr Grant's. During witness's absence Mr Grant's first wife died, and he married his present second, wife, who acted as governess during witness's absence. On witness's return Shand renewed his visits, but not as witnetw's accepted lover. On the 13th November Shand asked her if she still cared for him. He said, " Sometimes I think you do," professed great regard for witness, and asked her to become hid wife. He asked her to forgive the past and be his wife. He said he v.'as very miserable in his present mode of living. Witness Ksid, " How could I forgive the past after yon treated rce so badly." He replied that" was her fault, as she was ko proud that she had not sought an explanation. She replied, " How could I forgive your u»kitid treatment." He said that after witness went home lie had often bitterly regruth'd ulie was not his wife. He Klid if she would allow hyegnneK to be byegoni'S lit; had a house and vvorything ready, r.uit that if she would bf his wife he would do all in his power to make her hapi.y. Ik- n:iid he would maku arrangements for ibo marriage to come off as soon us possible Witness. cuiiKt'&ted. to

he hi.s wife. No time was then fixed for the marriage, but it v, a3 to come off in a few weeks. Shand'proposed that it .should be fixed for a month, but at witness's suggestion it was fixed for two months—in December. He told wit ness that she was to have everything ready for the mnrrir.ge ; and, in reply to witness, he said she could tell all her friends. Bhe told her friend*, including Mr and Mrs Grant and Mrs Wilson. She told all her intimate friends. Shand continued his visits till tiie end of January, or the beginning of February. They then ceased altogether. After waiting a reasonable time, witno-s wrote a letter to Shand. The letter produced was a copy. It was dated 17th March, 1875, and was as follows :—

Gowrle, West Taieri, March 17,1575.

Dear Mr Shand— The two months having more than terminated in which ) "U promised to make me your wife, 1 now ask whether tint promise is to be fulfilled. Certainly! think your behaviour very stra'ige, and surely in your hku-t if there is any feslirig, you cannot possibly think your treatment either kind or honourable. Of course this is a busy time, and nothing very unreasonable was expected, but after couvng and asking me to become your wife and all the promise; which you have made—not only this, telling: me to get my things ready for the marriage to come off in a few weeks—you now appear to say away altogether and take no further notice. Uy the memory of byegonc days I scarcely thought you would act thus again. However, thi< is no trifling matter, and I wish to know v hat is to bo done. Please send an answer, and see me as soon as convenient. —X remain, yours faithfully, Caroline Huoiirs. Witness received no reply to that letter. Shand spoke to witness about it on the 4th April, 1875. He came to Grant's with Mr and Mrs Wilson. They were leaving-, when she believed Mrs Wilson told Mrs Grant that witness wanted to see Shand. Mrs Grant told Shand so when he was leaving. He stayed be hind, and -yitness asked him why he had stayed away, and why he had not answered her letter. He said he was not going to answer such a letter ;it was a perfect lawyer's letter. She said, "Is there anything in that lettei which is not true V" He replied, " That may be; but I am not to be dictated to by you." She said she thought his treatment of her was very cruel. He replied, "I am not going to marry you or anybody else unless it suits me." She said that if it did not suit him he should have said so, and should not have treated her in such a, way. He said he would do as he liked about that. Witness asked if ever she sought him, and said he had come of his own free will. Shand replied, "You were precious glad to meet me half way. I suppose you can get nobody better off than me, and you will take me for my home and my money." Witness replied, "Is this what you say to me after the years I have known you? You know that you were the means of keeping me from a home years ago." He made no reply to that, and then he said, "I am not going to marry you nor anybody else unless it suits me." Witness asked him again why he had sought her, and he kept repeating "That letter, that letter. If you had sent me a kind letter I would have comedown." Witness replied, "How could I write a kind letter after you had stayed away so long?" to which he replied, "Oh, 1 can take Mrs Grant's hints." Witness asked what he meant, but he would not tell her, saying that was his own business. Witness said she supposed he treated her thus because she had no. friends here. He said she had champions in Mr and Mrs Gnait. Witness replied that it was well she had them—that of course,Mr Grant had a right to interfere, as she was living in his house. Mr Grant had at that tim« spoken to Mr Shand about witness. Witness. was iv a dreadful state through the unkind .ami bitter things Shand said about her wishing to marry him for a home and for his money, and she begged him to leave her. After a while he, paused, and asked her to forgive him—saving that he was very hasty, and said things which he did not mean. He said if she would forgive him he would bum the letter and think no more of it He said that if she really forgave him he would come down the following week and make arrangements for the marriage. Witness yielded to that eloquent pleading, .and. they parted friends, and upon the same footing as before. He did not write again, and he hag not carried out his promise. Witness, went to the Caledonian Grounds with Mr Shand on Ist January, 1875, in his buggy. , He called at Mrs Shand's place, and they took up Miss Shand, his sister. After her last interview., with Shand she wrote the following note to him: —

Miss Hughes would like to see Mr ShanJ some evening- when he is disentrnged. . Not keeping your, former promise to come down, I have.something that I wish to communicate to you personally.

Gowric, West IVicri, May 17, 1575. She received no reply to that, but Mr Shawl! sent the following to Mxs. Grant :— West Taiori, May 18,1875,,. Dear Mrs Grant—l duly received your note lastt evening, and intended, to come dowu and,seeMr : i-rant,"hut my brother John arrived from the South, and made me unable to-get away. 1 expect to bqhonxv on Fri-iay night, ifl am get away, aud.hope thon,to. tee 3'ou. —I remain, yaurs truly, JAS.. SIJ,iX». Witness then seat the . following note to^MjShancl, which, however answered: — Pear Mr Stand — Why did you write to Mrs Grant? Even supposing you could not understand the wording of my ncte, I should have tho-jght you.knew my writing too well to make such a mistake. However, be that a% iir may, again I repeat ray request, Will ypu please come down as soon as convenient? CARGjLISR;H(iaiWS» Gowrie, West. Taieii, May 27,1875. " Gross-examined by Mr, Barton:.. Witness came out jji Miss liye's ship with Mas. Hooper, but she vzas not living at Hooper's Hotel before she lived at Rennie's. Witness did not reinembs; a tent being erected s& Chaplin's station for the young ladies to bathe in. Witness was. at Ohapli^s station at Waiporf with some, young ladieSj.buf; she only stayed there one. night. Witness did not remember the Escort officers baihg there. Witness, only knew the. Escort, officers by sight. Witness had spoken to Mj-Itolgleish, but only cn&w Mr Percy by sight. l-he Escort officers may have_ been at HxM>pei:7B Hotel when witness visited there. Witnessnevor walked with ' the Escort officers. Witness went to Sydney iby way of Melbourne, aud was away nearly twelve months. The fosmer Mrs Grant was not then in'ill-health.. Witness did not get money duving her absence from Mr Grant. Witness took a situation, ia N. S. Wales as governess. She came-back because Mrs Grant wished her to pome back. Witness was not acquainted with Mrs. Shand, but she was acquainted with one of the Misses Shand. The gentleman whom witness was engaged to at Timaru was a saddler in business there. When she returned, and made up friends with Shand, she wrote to Wood, and the engagement was honourably broken off. The scandal witness referred to was not of a very serious kind. Witness did not at onoe start on her way back to New Zealand from England on hearing of the death of the first Mrs Grant. Witness did not come out intending to be the second Mrs Grant. Witness was never engaged to young Mr Matthews. While witness was at Mr Edmund Smith's, Mi Matthews visited witness and Mr Shand did not. Mrs Edmund Smith did not tell witness before she went to Melbourne that she did not wish her to go as house keeper to Mr Edmund Smith. Witness only saw Mr Smith once, about a month before she knew Mrs Smith. Mrs Smith said to her that she thought it was her (Mrs Smith's) place to select the housekeeper. Mrs Smith never said to witness that she would damage her character by going as housekeeper to Mr Smith. Witness went to Mr Smith's house on the same day that Mrs Smith left for Melbourne. Witness did not leceive a telegram stating that Mrs Smith was returning. She was told by the. Misses Matthews that Mrs Smith was on her return. Witness on receiving this news sen* away her boxes. Mrs Smith returned before witness wont away. She was in a great ro^e. Witness wauted to go away before Sirs Smith returned, but she remained on account of Mr Smith's request that she would wait and see Mrs Smith. Mr Matthews took witaess to-the Theatre. Witness was at Miss Isabella Rurns's wedding while at Mr Smith's. She went there with Mr Matthews in company with others. She was not at that wedding spoken of to her face as being engaged to Mr Matthews. It did not strike v-itness as strange that Shand should have a large number of ladies »t a ball at his house and that witness should not be asked. Witness was not at the Taieri at that time. Witness did not know whether- she was engaged to Shand at the time he was giving parties. Witness did not think it was her place to tell Miss Mary Shand that she was engaged to her brother. When they were together at the Caledonian Grounds Miss Shand did not say anything about the engagement. Witness did not say to Miss Shand that Mr Shand was taking her in to Mr Matthews, but that she had changed her mind and wished to go to the Games. If at that time Shand was making arrangements for marrying his present wife, it would only make his treachery still worse. Witness did not ask Mrs Wilson to get her husband to sound Mr Shand, to discover whe ther he was likely to many hpr. Witness did not say to Mm Wilson, on the 17th March, that .she thought it was great fun to send her letter of that ditto to Shand, as he had a number of young ladies at his house. Mrs Wilson never said to witness "It is strange he has never told us of hia engagement, and it is stranger still that he denied to Mr Wilson that he was engager) to you or ever courted you." When Mr and Mrs Wilson and Shand visited Grant's house together. Mrs Wilson told witness in the presence of all the company that Shand turned very pale when the buggy came near the bouse, and did not want to enter. Mrs Wilson told Shand that he need not gut down, as they could give hh;i pleiit.v of brandy tn make him till ricrhf. Mrs Wilson said witness did quite right to f-end the letter to Shand, as he had treated her very cnu'lly. After witness sent the letter to Sba'id she gave a copy of. tho letter to Mrs WiL-on, j;t her request, for tii« purixw of .showincr H tv her husband. H*spy,'i!iiii:ed by Mr SmHh :Mr Wood, to wli'im -witness w;is enga^fd, ih now v i/enend merchant if, Uiw'.i'v^; with his brother fl-t

Akaroa. Witness went as housekeeper to Mr E. Smith on the recommendation of the Key. Mr Gillies. Mr Smith had a family of two little boys anil two grown up sons in his charge during that time. During the conversation to Mrs Wilson referred to in the cross-examina-tion, Mrs Wilson said she thought witness and •SliiJid had made it up when she saw them at the Caledonian Grounds ; and said she always knew that Khaiid cared more for witness Ihau anybody else. She said, further, that she was going to Oarnaru, and that therefore she would not be able to be present at the wedding. Mary Grant, wife of Peter Grant, of Gowrie, stated that shehad known Miss Hughes from the beginning of 1872. Mr Shand was a near neighbour of witness. He was in the habit of visiting1 witness's' house from that time onwards. He paid particular attention to Miss Hughes. From the month of November, 1874, to the following February, his visits were pretty frequent. Shaml paid her as much attention as she would expect from a man of Mr Shand:s disposition. Witness had a conversation in February with Mrs Wilson. Witness told her that Shand had renewed his former acquaintance with Miss Hughes ; that they were about to be married ; and that aha was making her things. Mrs Wilson then said, " Oh, there is some truth, then, in what he said when coming up." Cross-examiued by Mr Barton ; Witness was present at a party at Shand's house on New Year's Day, 1874... There were a great many people present. Miss Hughes was not there. When Mr Shand took Miss Hughes to the Caledonian Games ■in hia buggy he did not do so at witness's request. Knowing Shawls bashful disposition, witness was not surprised that Mrs Shand, his mother, did not know of his engagement in December. Sons dont always tell their mothers, first about their engagements. . , Peter Grant,iarmer, residing at West laien, had known Miss Hughes for 10 or 11 years, and Mr Shand for a long time after. When they met at witness's -place, Ws demeanour towards her was very kind. Witness was told in the beginning of December, 187*, that Miss Hughes and Shand were engaged. Witness spoke to Shand on three different occasions with reference to his engagement with Miss Hughes. Miss Hughes had complained about Shand's conduct, and asked witness-to speak to him about it. . Shand ' was at witness's house in the month of March. Witness asked him what ■he was. going to do with Miss Hughes. . He asked, "In what way?" Witness said he had' been keeping company with her for some months, and promised to marry her,' and witness did not think he was treating her properly.. He did not answer anything.. . Witness said lie was not acting properly to treat a friendless orphan girl in such a manner. She had been living at his house, and he considered.he was entitled to see her righted. Shand said she had written an impertinent letter to him, and ho-was noC going to answer it; he was not going to be bullied into marrying her. Witness told him the best_ thing he could do was to come dows and settle it at once. He left, saying he would come down next week. Shand said he wanted to have a say in the ma' - ter as well as Miss Hughes ; and was not going to be bullied. Witness said Miss Hughes had also a right to have a " say," and he replied that he.did not-sec it. Witn.-ss told Shand that Miss. Hughes's health had suffered. On the, 24th July last, witness saw Shand between his place and witness's. Witness made a memo, of, the conversation which then took place. Witness again asked him what he was going; to do with-Miss Hughes; that he was treating her very badly keeping her hanging on. He said he did not want to marry at once; he wanted alonger time to know her. Witness replied that he- thought he ought to know her well1 enough, having been acquainted for 11 years. He said ho was miserable in living the' way-he was ;: and he came down in November with, the intoatimof marrying her, but she had said something about him to a person who had told his friends. Witness said he did not believe,., she would say anything about Mm. Witness said Shand was keeping her in a state of, suspense, while she might have_ taken a situation Shand said the best thiDg she could dOi was to take a good situation, and it would do her good. Witness said Miss Hughes had said she was engaged to him> and he knew she would not tell an untruth. Shand said he- was too busy with harvest work just then. Witness replied that he should come down, and-settle it. Shand replied hp- would thinfc a trer it, and perhaps mset her on+fche road some-day. The next conversation took place oa the 21st August, 1875, on the roiuJUbotween witness's place antl Shi>nd's house. Witness asked! him what he intended to do,. as he had had long enough to consider. Sh^nd replied that he did not know that he intended to do . anything. Witness referred to Sha^id keeping i company with Miss Hughes and tb,en stopping i ajl correspondence, without giving, any reason ■ for doing so. Witness said he wanted an an- ; swer as to whether he was going t». marry her ■or not. He said he would take fiiiii own mind j about that; that he was not going to be forced; i and that she could try herself. Shand never contradicted witness's assertion^ that he had promised marriage to Miss Hughes. Cross examined: Witness coultl not say how often he saw Shand at his (wifjuess's) house in November. Witness did not remember seeing Shand at his house in December. He believed he was there. Witness did? not see Miss Hughes's letter to Shand, dated 17th February, before that letter was sent. The memo, of the conversation with Shand wss- written by Mrs Grant. Witness did not know whether or not Miss Hughes was present w,iten the memo, was written. Witness could nftfc swear whether she was there or not Witness could not swear that he forgot whether she was No Dne could swear that he forgot a thing he never knew. The first part of the document containing the memo, was written at t&o same time by his wife, and he thought Misa Hughes was present when that part was. &n the occasion of the second conversation wiSness told Shand that Miss Hughes might bang an action. That was not recorded in thj^memo., and witness did not tell that fact to Ml a Grant. This action was not brought by witness or by witness and the Matthews's. Witness had not paid anything on account of it, and'did not know who was to pay for the action.. At the last conversation Shand said, " Mis> Hughes can try herself," and by that he understood Shand meant Miss Hughes could bring an action if she liked.

The Court adjpurned at a quarter to 7 p.m. until 10 a.m. nexijday.

STRiuugRS payir^ a Isit to Danemn are often at a os to know which is the best establiahnient to visit for the purchase,, &I drapery and clothing. Herbert, Haynes, and Co. aSer special advantages to the public that can be met with nowhere e_6 in the city. Thay keep at all times the largest and best Assorted stu-u ol every class of _oo_i > imported direct fro_i the leading rniinufacturera. s_d war'fhouseni-n at homo, which, being bought* entirely wpon cash terms, they are enabled to oQfc? goods of such sterling value as cannot be equalled by any other hcuse in the trade. Every article in stock is marked at a Jixcd price for ready money, from which no abatement is ever made, so that the tow* inexperienced buy their goods at the same price as the best judges. Their terms are—not cash, without discount or reduction of any kind. A fuller description o their stock will be fcand in an advertisement in the first oa'/e of this oauor.—[Advt