EXTRAORDINARY BREACH OF PROMISE CASE.

Thames Star, Volume VII, Issue 1988, 19 May 1875, Page 2

EXTRAORDINARY BREACH OF PROMISE CASE.

The case of Nightingale v. Perry, which was an action for breach of promise of marriage, was heard on Monday before Mr Baron Pigott in the Court of Exchequer. The Hon. A. Thesigcr, Q.C., Mrl. Palmer, and Mr Beamish were counsel for the plaintiff; Mr Sergeant Parry and Mr E. E. Webster for the defendant.

The case was described by the learned counsel for the plaintiff in his, opening speech as strange and romantic.? ■ It was at least singular in one respect, inasmuch as the parties to "the -action had scarcely spoken to each other. .The plaintiff is now a lady of the age of 28 years, but at ■the time of meeting the defendant she was only 23. She is the daughter of a gentleman who, having been for many years in practice as a surgeon dentist at TiTewcastle-upon-Tyne, amassed a fortune of £60,000, upon which he retired from business some years before his death, leaving one of his sons to. continue the practice. 'When the father died, ja 1869, his ■ fortune had unfortunately much diminished through the failure of three banks in which it was invested. He left a widow, &ye daughters (of which the plaintiff is one), and two sons, but instead of the £60,000, only £iO,OOO to his widow for life, and after her death to be divided among his daughters. Of the two sobs one came to London, settled in Sackville-street, and pursued his father's" profession with success. The defendant is iri Iter Majesty's nayy^ now holding the rank of a istaff Commander and a post at the Cape of. Good Hope, with an income of £500 a year,:in addition to a house and certain allowances, there.:

Mr Thesiger said that he did not desire or intend to detract from Captain Perry's position or merits, butj on the contrary, would show that he was a gentleman by birth, and endowed with good and proper feelings until the unfbrtunateevent which gave rise to this action, and was a man to win and deserve a lady's heart." Moreover, he was of remarkable personal appearance and mature age,.for he was 42 or "43. Some time in 1869 a vessel called the Castor, in command of the defendant, lay at Shields. The plaintiff was driving through the streets of that town with her father, who drew her attention to an ex-

tremly handsome man looki-g into a shop. Sho did not know him, nor did he make any strong impression on her mind ; but gpme few months-afterwards the plaintiff, while' staying m London, received an invitation to an evening ; party given by a lady at a private boarding-house in Har-ley-sfcreet,: kept by Miss Hollis. The plaintiff and ber sister went accordingly. Almpsb the first ;^frson she saw in the room was, the gentleman she had. seen when driving. Beyond doubt, his face on this second occasion made much impression upon her. There was, said the .learned.^counsel— " Love at first sight, first born, and heir to all. 1 She sang, and sang well.- The defendant made a complimentary remark upon her singing. But, strange to .say, they were not introduced to each other, nor did any conversation - pass between them. He was then about to leave for the Cape, of Good Hope, and, before doing so, ho had an interview with Miss Hollis, in which he made inquiries of her about the young lady ho had met at her house, r nvho, he said, had made a great impression on his heart. He asked her name, family, &c. Miss Kollis ; was rather reticent, ,-but-he begged her to get all 'particulars/ The defendant left. Miss Hollis communicated only a part of-what •he-ihad-.said, but" asked for and received' b!er"photograph for him, told her of his inquiries, and that she might expect a letter from him before long, and his photograph was given to her. The. ,plaiitiff waited. Fourteen months elapsed, and a communication reaching "her from the defendant, she formed an idea that her portrait had not been forwarded to him, determined to write herself, and wrote as follows :— •• ■ ««August 30.

" My Dear Captain Perry,—A year ago I had the pleasure of meeting you for one evening at- 39, Harley-street. If you retain any remembrance of me, I should be so delighted to hear from you. Trusting you will pardon my writing, with kindest regards, sincerely yours, ; Louisa Nightingale. < " t May.l beg that you will keep this note strictly ' entre nous V "

- On .the 18th of October the defendant replied :—

"My dear Louise, —Yes, 1 I have a

distinct remembrance of meeting for one •evening only a most charming girl in' Harley-street. . A s I left England a few ■days after the event there, was noopporjtunity of improving the acquaintance. I icould not even find out her family name. jMiss Hollis made half a promise to send jme the lady's photograph. I.wonder if evev she remembers that promise ? Now, :my dear Louise, you must send me a ling lletter, with full accounts of all your hopes land fears, joys, sorrows, &c. Let there ibe no reserve ; tell me everything. STou ,;can do so with perfect confidence;- I 'assure you. Looking forward for your ireply with the greatest interest, believe |me: yours ever, Geobgke."—Sbe replied, land a correspondence passed between ;them forming an engagement to marry. Many of the letters were read. Enough jto say that they showed the high-minded !feeling, affection, and delicacy of both i writers. He spoke in a straightforward i manner and sensible terms of his income i and prospects; she told him of her family |and her annual allowance. She made all. j preparations for the proposed marriage, 1 consulting him about the household arirangerncnts. He-wrote requesting her to I come out to-him at the Cape, as he was i unable to obtain leave of absence. Her \ family, however, objected to her travelling ; there alone, and she had a difficulty in ifinding a companion for the voyage, under •whose charge she could go out. Some ) misapprehension arose on his part from ] his understanding that her fortune £100 a year was in possession and not in reversion, and he wrote to her brother on the ■subject. The letter was, however, answered by the plain tiff, who gave an on the 21st of December; land, directly afterwards receiving an affectionate, letter from him, she wrote in 'a like strain on the 24th of December, 11872. To these letters no answer came, 'but on the 4th of April, 1873, her brother jreoeived a note as follows :— „ , i- "Sir, —My letters to you per mail-of November and 19th of December of last iyear were clear and explicit, and on a of sufficient importance to deimand some acknowledgment, "You have failed to render to me any explanation, and I now. consider the matter ended.— Yours obediently. " G. D. Pjsrby." Upon the 13th of August, 1873, the defendant married another lady at .the ;Cape. ■ The plaintiff was called as a witness, and substantiated the case opened by her counsel. -She said she had been twice before engaged—once at the age of 16, and again for some months to an elderly gentleman in her native town—an engagement dissolved at her instance.

Mr Sergeant Parry asked few questions in cross-examination, but, addressing the iury, sought,. to mitigate damages, and ■further, to show a recission of the contract arising from the difficulties created by the lady's relations about her going abroad. He said that it was rightly termed an extraordinary case, for that the realms of fiction must be searched to find such an instance of contract of marriage between two persons . who had never spoken to each other and had only met on one occasion. He commented on the fact that no witnesses were called to prove that the ■ plaintiff had suffered from wounded feelings. JN"or was it likely that her. heart could be broken, to judge, from her pleasantly composed demeanour. There was an intercourse on ■paper merely, and transmission of sentiments by post alone. Lho defendant was at an inflammable psviod of life. Men of 42 or 43 were more susceptible than younger ones, and when to such a man a lady wrote as the plantiff-had done, that she thought from the glimpses she had ©f him that he had " dark eyes with a laughing light in them," it was" hard for an impulsive bachelor of his age to resist; still more when she wrote, " I believe you to be honest, affectionate, and intelligent, truthful, and brave, stooping to none, on earth but to the weak and helpless,' and knowing no bonds save those of honor and faith.'.' His letters, too, were prompted by fancy and imagination, and probably each had _ aroused in his and her mind a tender feeling for the other. jßut was it of such a kind as would result from personal knowledge?; Surely not. -,' ; •■.•'.. ' !• The case lasted until a late hour, but resulted in a verdict for the plaintiff. Damages, £500. ..