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Friday, July J8.BREACH OF PROMISE OF MARRIAGE.[Nisi Prius Court.—Before Mr. Justice Taunton.]DENMAN V. TRUSWELL.This was an action to recover damages for a breach of promise of marriage, given by the defendant to the plaintiff.Mr. Clarke and Mr. Balouy appeared for the plaintiff; Mr. Hill and Mr. Whitehurst for the defendant.Mr. Halo vy stated the case. This was an action for a breach'of promise of marriage given by the defendant to the plaintiff. The defendant Truswell was a farmer, living at Mansfield, and was cousin of the plaintiff. The attachment between the parties had commenced as early as 1822, during the lifetime of the father of the plaintiff, the ate James Henman, and had continued up to the present period. The plaintiff, being possessed of considerable personal attractions, had iee:i courted by another young man; upon which the defendant expressed his displeasure, and at the same time, to put matters beyond all doubt, he tendered to the plaintiff a written promise of marriage. Mr. Denman died possessed of considerable property ; but in consequence of his dying intestate, it went to his eldest son. The defendant, on being made aware of the circumstance, said hi* attachment was beyond such considerations*, living in the same village, there was not a day that the parties did not se* each other, and defendant was still most assiduous in his attentions. It was suggested by the mother that time was wearing on, and that the sooner he completed his engagement the better; he replied it was hi» wish to make a good home for her. The engagement was entered into when the plaintiff was sixteen years of age; she was then twenty-nine, and it was still unperformed in consequence of his scandalous neglect. The greatest confidence was placed in him by the plaintiff’s father; he took advantage of that confidence, and in the spring of l8o2 the plaintiff became pregnant. As soon as he heard it he refused to make the reparation of a man of honour, but left her to pine in ignominy and shame. The defendant was possessed of a considerable lauded estate * be had lived frugally, and, by his own account, he had saved a considerable sum to make a settlement on this girl; they would take these circumstances into their consideration when estimating the amount of damages.ElizabethDenman : I am the widow of the late James Denman* and mother of the plaintiff, Ann Denman; my husband has been dead eleven year* last January ; defendant is first cousin to my daughter; before my husband’s death, defendant was in the habit of coming to my house to see my daughter Jtau ; he told me he came with the intention of marrying her; he was acquainted with her from her infancy*, my daughter was then seventeen ; he came with the ap-probatiou of my husband, and was received by my daughter as a suitor ; my husband was possessed of some landed property; he died without leaving a will; the freehold property went to the youngest son, and the copyhold to the eldest; there were twelve children ; the land was the bulk of his property; Mr. Booth paid attentions to my daughter; when defendant heard it he was very ifcueh dissatisfied ; on that occasion he gave my daughter a written agreement; it is the same now produced; I know his hand-writing, for I have seen him write frequently at my house.“ My dear Ann Denman—I mean to have you for my wife, and no other. This is written by mv hand. “John Truswell.“November 12,In consequence of this the attentions of Mr. Booth were discontinued ; Mr. Truswell still continued his attentions; alter my husband’s death he was made fully acquainted with the state of our circumstances ; my husband was a butcher and farmer, and I kept on the business after his death ; my eldest son kept the account*; defendant had nothing to do with them ; after my husband’s death I complained he was so long about fulfilling his engagement; he replied, “The longer he waited the better; he was saving ino-
Newspaper Details
Morning Chronicle
London, Middlesex, GB
Mon, Jul 21, 1834
Page 3
Full Page
Clipped by
University O.
PA, USA 09 Feb 2021
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