BREACH OF PROMISE

Wanganui Chronicle, Volume 76, Issue 286, 4 December 1933, Page 11

BREACH OF PROMISE

BOY AND GIRL ROMANCE ending after many years. FAITHLESS SWAIN PAYS £250. After retiring for ten minutes a jury at Preston, Lancashire, awarded damages to Miss Louie Ethel Metcalfe, aged 29, in her breach of promise action against John Heseltine, aged 31, butcher. Mr. A. B. Roebuck, counsel for Miss Metcalfe, stated that the parties had known one another nearly all their lives, and that when they became acknowledged lovers the girl was only 16 and the man under 20. Miss Metcalfe lived in the village at the time, and the couple were recognised as sweethearts. They went out together three or four times a week. In October, 1925, they became formally engaged, and Heseltine gave the girl an engagement ring.

Twelve months ago Miss Metcalfe noticed a change in defendant’s affections, and when she spoke to him about it he admitted he had been attracted by another girl. Heseltine saw Miss Metcalfe on April 23, and after that, for the first time, he failed to put in an appearance for three weeks, and did not write.

In May Miss Metcalfe went to see Heseltine, and when asked why he had not been to see her he replied that his motor-cycle had broken down. She told him that was no excuse, and that he could have come over in the butcher’s van. He also remarked that he felt a cad for not coming over for weeks, and not writing, and he did not like secin gher again. He added that he could see no prospects of marriage, but her answer was that she had waited so long she was quite willing to keep on waiting.

Later defendant promised to meet plaintiff near Blackpool. She kept the appointment and waited two hours, but he failed to appear, so she wrote him a letter. In this she stated that she was “terribly disappointed” about him not meeting her, and had been brokenhearted since. “After all these years it is unbearable,” she added. “Do come on Saturday. We can go over to Southport to see the motor races.” She finished the letter with “Heaps of love” and signed it with a “kiss.” No Answer to the Letter. Heseltine did not answer the letter and on June 5 she went to see him. Asked why he had not answered the letter, he said he had forgotten. Frequently during the next few weeks he lailed to meet her, as arranged, or to answer her letters. Throughout this period the girl could not face her relatives and tell them of the estrangement. My client actually threatened to take her life if he continued to adopt that attitude,” added counsel. On July 1 Heseltine visited Miss Metcalfe on his motor-cycle. He was quite normal, and she expected him the following week-end, but he did not come. She had not seen him since until that day, and he had never written. On July 20 Miss Metcalfe consulted her solicitors, and subsequently a writ was issued. “My client,” continued Mr. Roebuck, “has undoubtedly suffered a loss of social position among her relatives and friends owing to this action, and she has been engaged to and keeping

company with this man for the best years of her life. She has now had to get work as a daily help at 18s a week. ’ ’ Heseltine drove a car, ran a butcher ing business for his brother, and always seemed to have plenty of money. Miss Metcalfe then gave evidence. Mr. Peacock (counsel for Heseltine): Have there been any quarrels between you?—Just little tiffs. In the witness-box Heseltine suggested that Miss Metcalfe was “a highly-strung, hysterical person.” ‘ ‘ She has threatened to do away with nerself under a train or drown herself,” he added. Miss Metcalfe: Never! Mr. Peacock: Are you in a position to marry her?—No. Heseltine also agreed that he bar! suggested that the marri age should be put off as he could not afford it, because they could not agree, and because plaintiff was hysterical. It was not at his suggestion that the ring was “If defendant had replied to the solicitor’s letter,” counsel added, “and had written back saying he would marry the girl, he would have had unhappiness all his life. He would always have at the back of his mind the idea Hint he had been forced to marry.” Damages of £250 were awarded.