BREACH of PROMISE at DOVER.

A jury presided over by Mr. Skudmore the vetting Under Sheriff for the County of Kent assembled on Wednesday afternoon at the Victoria Hotel Dover to asses the damages in an action for a breach of promise brought by Eliza Cooper a young lady twenty five years of age the daughter of one of the officials connected with the Harbour Board against Albert Alderson Addison an officer in the Kent Artillery Militia now on duty with his regiment in Dover.

The judgement had been allowed to go by default in the previous proceedings and the duty of the jury therefore was confined to determine the amount of the damages to which the plaintiff was entitled.

Mr. Biron of the Home Circuit instructed by Mr. J Minter solicitor appeared for the plaintiff. The defendant was not represented. In his address to the jury, Mr. Biron stated that the plaintiff was the daughter of Mr. Cooper who was connected with the Dover Harbour Board and the defendant is the son of a Clergyman now deceased who for some time resided at Tamworth in Warwickshire. He was by profession a civil engineer and held a commission as Lieutenant in the Kent Artillery Militia. An attachment sprang up between them and with the approval of the young lady’s parents an engagement was entered into, everything going smoothly until 1870 when the defendant through some cause or other was evidently desirous of putting an end to the engagement.

He neglected to write to her as he had been in the habit of doing the previous two years but presently the correspondence was again resumed and was continued up to June 1871 when the defendant moved from his London residence and the letters afterwards written to him by the plaintiff were returned through the dead letter office. He had given no reason for this extraordinary conduct on his part and ultimately the young lady’s parents addressed to him in February 1972 a letter in which they informed him of their intention to bring an action against him unless he fulfilled his promise.

There was a mass of correspondence between the young lady and the defendant written during the time of the courtship and showing the warmth of Mr. Addisons affection for her, but he (Mr. Biron) did not think it necessary to weary the jury with the whole of the epistles and would only read to them a portion of the correspondence all of which was put in. The following showed the feelings Mr Addison at one time entertained for Miss Cooper –

3, Great Queen Street,
Westminster
October 1st 1868.
My dear Eliza,
I received your long letter and I was very glad to hear from you again. I feel so happy to receive a letter from you and I know you like to receive mine. As you say in your letter, I also wish I could always be with you or nearer to you. Believe me I should not be wearied with your company and I should love to let you do anything you liked so that I knew that it pleased you. I like to know you are happy and it is my wish to make you so. What I meant by saying I was anxious about you, I worried myself thinking you would be making yourself ill about me when you thought I was going away .

I feel very unhappy by your saying you will be faithful to me as I am to you but I hope it will please God that nothing will happen that either you or me will feel any pain. I will keep all my promises faithfully and every evening I study from six to nine and I should be very glad of your kind assistance in French. You asked me what I meant when I said it would not always be like it is now. I meant that I hoped someday to make you my wife and then you would always be with me. I like your portrait very much but as I know the eyes are not real ones I don’t mind them looking like they do. But it is sufficient to please me when I look at it because you are so much revived in my mind. But I feel very sad when I look upon it and think of your being so far from me. As yet I know of nothing to prevent me coming to Dover in March.

With my best love and hoping you will forgive me if I have left any question unanswered believe me.

Yours Affectionately
A. Alderson Addison.

3, Great Queen Street, Westminster.
22nd January 1869.
My Dear Eliza,
I was very glad when I received the letter from you. I feel so happy when I receive your letters but when you neglect me in not replying by return I feel unhappy because I think I have never omitted writing to you and when you neglect me it makes me think that you do not take the same interest in my letters as I do in yours. I was going to attend a lecture the other evening about the portrait painting but the weather was wet that I was prevented from going. But I went to one last night which was on the utility of refuse and a very interesting one it proved. I am going to several on different subjects. I should be very glad were you able to go with me because ladies are allowed to attend. I always go alone.

As I attend each lecture I shall tell what it was about, but you must not expect me to write a lecture too. But I shall try to let you know all about them. I am about to engage in a large undertaking for the Admiralty at Devonport for some time. It consists of what is called hydraulic steering apparatus. This means a kind of machine worked by the power of water for steering large ships. The greater part of the work will be done in London under my supervision and when it is completed I shall go down to Devonport Dockyard to see it fitted to the Achilles. How do you spend your leisure time? I very seldom have any. Nor do I care for any. I made you some promise before I left and I mean to keep them and mean to do everything that I know will make you happy.

With my best love, and hoping you will believe me.
Yours ever affectionately,
A. Alderson Addison.
Remember me to all.

Mr. Biron said that the next letter was evidently in reply to one addressed to the defendant by the plaintiff expressing her pain at his long absence and he wrote to the following effect;

3, Great Queen Street, Westminster,
September 30 1869.
My Dear Eliza,
I feel unhappy you are a little dubious about my attachment towards you. I can however say my love for you will never change. When shall I ever see another whom I shall like better than you? Do you feel dear Eliza that you may during the course of your life, meet some one you could love better than me? I try all I can to console you and make you happy but you must not think I shall ever love another, only you, for I find you always sincere towards me as you are now. When I am alone my thoughts travel to you and I feel so happy then, because I feel you are sincere towards me as you say.

Then I feel happy. Do you think I would ever be otherwise than kind to you dear Eliza? Have I at any time given you any cause to be dubious of me? Do you think dear Eliza that I deprive myself of any pleasure by not going to balls; for I do not. Besides I feel happier away from them. I had no wish at all to go to the two balls at Ryde. You would not like to know of me dancing with young ladies would you my pet? And why should I trouble and make you feel unhappy when I can avoid it. And I do and will avoid it to keep you happy in obeying your wishes. Your true love dear Eliza is more value to me than gold, so let me beg of you to feel that I am sincere towards you and that you never will be disappointed in me but that all I say is true to you.

With my very best love and again God bless you my pet with as many kisses as you have sent me – how I would kiss you were I with you. Believe me.
Yours very affectionately
A. Alderson Addison.
Remember me to all.

In another letter dated the 17th of February 1870 the defendant wrote, “So I must bid you goodbye with true love and kisses of your affectionate Albert.” On the 4th of August in the same year he said in his letter, “It is my contemplation to embody the Militia in consequence of this war so perhaps I may be ordered to proceed to Dover immediately. Earl Russell brought a bill before the House of Lords about it but the Government have taken it into their own hands. Miss Cooper no doubt thinking that Lieut. Addison would have to go abroad and take part in the war wrote to him expressing her anxiety and he wrote in reply the following epistle; –

Yardley House, Ryde, Isle of Wight.
Dearest Eliza – I dare say you have been expecting to hear from me but I left London before your letter arrived which has been forwarded to me. There is no one at my office in London and had I not taken the precaution to tell the housekeeper to forward your letter I should not have received it until my return. Yes dear Eliza I am staying here with my sister. The sea bathing does me a great deal of good. I am thank God quite well now and hope to remain so. Dear Eliza I am very sorry to say that my resignation would not be accepted during the war time but do not make yourself unhappy my pet because there is no chance of this country going to war yet.

A bill has passed through the House of Lords and Commons to embody the Militia but it will not be enforced during peace. I expect to return to London early next week so please write as usual to Great George Street. We have had some very fine weather. It has only rained once since I came here but I am sorry to say I went out without an umbrella and got wet through. But I changed my clothes as soon as I arrived home. Hoping you are quite well in, in conclusion accept the true love and best wishes of
Your Affectionate
Albert.
Give my kind regards to all.

The learned consul said that he had no wish to read these letters for the purpose of making sport of them but in order as he had before remarked to show the jury the affectionate nature of the relationship which existed between the plaintiff and defendant. He abstained from reading anymore of them contenting him self by stating that they were of the usual warm and affectionate character and credible to the defendant.

He was sorry to say that he could not speak in the same terms of communications, which subsequently passed between Mr, Addison and the mother of Miss Cooper. In fact these letters were most contemptible. Before reading them he might state that when for the first time Mrs. Cooper discovered by questioning her daughter that the defendant had ceased to correspond with her, she wrote him the following letter –

Dover March 17th 1871.
My Dear Sir,
For some time past I have noticed that Eliza was looking very unhappy and on enquiry I find the cause to be your unaccountable silence. I have tried to persuade her that you will have some very good reason to give for it, but her anxiety is something more that I can bear to witness and I have determined to write to you myself. Looking to the period of your engagement with my daughter and the time within which your marriage was to take place having nearly elapsed I think it only right and proper I should ask you to state what arrangements you propose to make. I cannot find from Eliza that there has been any quarrel between you or indeed anything to cause one and therefore I will only say now that I shall hope to receive a letter from you by return so that I may put the poor girls mind at rest. Believe me.
Yours very sincerely
M. A. Cooper.

To this letter Mr. Biron continued a reply was received to say that the defendant would be in Dover the following month. He came and again visited Miss Cooper and the engagement was continued between them, lasting until the end of 1871 when the defendant for the second time ceased to correspond with her. The only alternative therefore which the friends of the plaintiff had finding that Mr. Addison did not intend to carry out his promise was to bring the action upon which that writ of enquiry had been issued in order that damages might be assessed.

Mr. Winter was therefore instructed to take the necessary proceedings and it appeared that as soon as the action was commenced the defendant who was in Dover accidentally met the plaintiff’s father in the street. The latter asked him what was the cause of his strange conduct towards his daughter and not being able to obtain any satisfactory answer told him that his daughter would certainly proceed with the action after his cruel and unmanly conduct. That every opportunity had been given to the defendant to act in an honourable manner would be gathered from the fact that Mrs. Cooper on the 14th February 1872 addressed to the defendant the following letter –

Dear Sir,
I am very loathe to write what I feel upon the subject of your treatment of my daughter Eliza and I shall therefore content myself with asking you what day the marriage should take place the time fixed having long since passed. I tell you candidly that if Eliza would be advised by me she would at once forget you, but as she is still attached to you and her happiness involved I am willing to look over your conduct. I am at the same time determined that she shall not be trifled with any longer. I shall therefore expect to hear from you at once as this continued suspense is having a very preying effect upon Eliza’s health she having been under the doctor for some time. Trusting that your letter will remove the impression from her mind.
I remain yours faithfully
M. A. Cooper.
The defendant did not reply to this letter but after he had met Mr. Cooper in the street and had heard from him the action would be carried on he wrote the following letter to the plaintiff.

Dover May 7th 1872.
My Dear Miss Cooper,
I met your pa and he told me he was going to bring action against me. I have written to tell you so that you may know if he has not told you. God bless you.
From your unhappy friend
Albert.
I hope you will intercede before it is too late.
He subsequently saw Mrs. Cooper and explained to her that he had suffered heavy losses, which would prevent him from carrying out his engagement as he had not sufficient income to justify his marrying. He had previously represented that he was worth £1,000 a year and as Mrs. Cooper upon inquiry was not satisfied with the excuse that he had made the action was proceeded with. On the 23rd May 1872 he wrote the following letter from London addressed to Mrs. Cooper –

Madam,
Upon my arrival in London I have thought over the interview I had with you and the proceedings, which Mr. Cooper has taken against me I think most unjustifiably. I don’t think I have done your daughter any injury to cause such proceedings against me, for you must well know that a man is not bound to an engagement if his affairs are such as to prevent him carrying it out. It will do no good to either party but as I have said it will only expose my circumstances for as I have told you I have no means to marry. Under such circumstances I thought it much more honourable of me to tell her than to mislead your daughter, for had I have married it would only have placed me in a worse position than I am now, though I own it is a foolish and rash act for me to do.

But I do not see things in the light I should have done. I trust you and Mr. Cooper will see things as a mother and father should under such circumstances. Why for maliciousness make a thing public when then is no necessity? I have always thought you a lady and Mr. Cooper a gentleman. This will prove that you are. But I cannot believe that you are the people to try and do a young man an injury. I will leave all in your hands.
I am you’re obediently
A. Addison.

After this the action was brought and as the defendant probably anxious to save his pocket did not appear, judgement went by default. Throughout the period of three years the plaintiff had conducted herself with perfect propriety and there was no doubt the defendant led her to suppose that he intended to marry her. Whether it was that he thought her social position was not equal to his he (Mr. Biron) did not know but he could conceive no other reason for his acting in so dishonourable a manner. It was for the jury to say what damages the plaintiff was entitled to for the injury she had undoubtedly sustained by the defendant’s unmanly conduct. They would find from the evidence that he was a man of good position but he (Mr. Biron) did not ask for vindictive damages but for a fair solatrum for the injury Miss Cooper sustained.

Miss Eliza Cooper the plaintiff was then called and deposed that she was 25 years of age and lived with her parents. She became acquainted with the defendant in April 1868. He visited her at her parents house and was introduced to her mother who when he told her that he had formed an attachment for her (the plaintiff) and desired to have her mother’s sanction and that Mr. Cooper to be engaged to her countenanced his visits. He told Mrs. Cooper his position in life and she upon inquiry gave her consent to the engagement providing he satisfied Mr. Cooper. Mr. Addison consequently saw her father who was satisfied with the statements, which he made, and defendant made an engagement to marry her in about 2 or 3 years. Her father told him that he thought he had better take time to consider but he said that his mind was fully made up that he loved her and did not want anytime for consideration. He visited her every day during his stay in Dover and left for London in the month of June 1868.

He came and stayed at her father’s house at a subsequent period of the year and again left for London. He promised to write to her regularly and for a long time kept his promise. In 1869 he came to Dover with his regiment and again visited at the father’s house. The correspondence was continued until December 1870 when he suddenly ceased writing and she did not hear from him for three months. She became very ill and wrote several letters to him but no answer came. In March 1871 her mother wrote to him and received a reply to the effect that he would be in Dover the following month, when he arrived and again visited her parent’s house expressing sorrow for his neglect. He returned to London in June 1871. She afterwards received several letters from him but presently no answer came to those she wrote to him and in February 1872 her mother wrote a second letter to him after which Mr. Minter was instructed to take proceedings. Her health had suffered very greatly in consequence of the defendant’s cruel treatment for which she had given him no cause.

Mrs. Cooper the mother of the plaintiff was next called and confirmed the evidence of her daughter and also testified to having written the letters, which had been read. The defendant had represented to Mr. Cooper and herself that he was worth £1,000 a year but after she had written him the second letter pretended that he had sustained serious losses. She made inquires but failed to find sufficient grounds to believe in his statement and therefore Mr. Cooper felt it incumbent upon him to take legal proceedings.

The Under Sheriff in summing up the case to the jury said it was in their province to say what amount of damage the young lady was entitled to for the breach of promise that had undoubtedly been made to her. The conduct of the defendant seemed to be wholly unjustifiable and the only excuse he appeared to have, was that he was moving in a higher position in society than the defendant. The evidence before them as to his means was very scanty in as much as they had the statement he was alleged to have made to Miss Cooper and her parents that he had an income of £1,000 a year. They found however that he held the commission of Lieutenant in the Kent Artillery Militia and he, (Mr. Scudmore), had no doubt that he was a man of some means. There was no evidence before them either to justify his conduct or in mitigation of damages but vindictive damages were not pressed for and it would be their duty considering that the engagement had lasted for three years and was then suddenly broken off by the defendant to award to Miss Cooper substantial compensation.

The jury after a short deliberation assessed the damage at £300.