! BREACH OF PROMISE OF • MARRIAGE.
Ceneennenr with• greater freedom of- opinion, it is satisfactory to observe a closer reason and stricter justice in measuring the rights of the more - helpless sex. " Dat veniam corvis, vexat censure. columbas," -is no longer the rule in the ethical treatment of Woman; and it is equally manifest that sound justice is likely to have wholesome results, even of the very kind which were to be
obtained the -old plan of circumventing justice; The change has.taken place within the memory of some who are-younger than "the oldest inhabitant." 1 Last week,' we saw how a Mr. Alexander Tiinmins Hairby courted Rhoda Southgate, obtained her lather's consent 'to their marriage-, borrowed her money„ and in-facts° far overdrew .his Recount as a suitor that 'he anticipated. the privileges of their future relation ; and then he' dispensed -with -his. own part of the contract —returning, neither her confidence nor. hermoney. The girl was a servant in the house of the young man's father; and as his son had proved such a rascal, the austere parent turned the sufferer out of doors. This: is quite according to the good. old plan—" Dat venianr" '&e. . But the rule is falling into desuetude in our courts.
NOrton the Police. Magistrate 'called for --an explanation of Alexander's conduct; asking him if he meant to fulfil his promise ? Whereupon "that son of great Jupiter Ammon " naively replied,: "'No, sir; you know circumstances make a great. difference in„: feelings and dispositions." It does not appear that the young, gentleman could have had' any experience in " feeling " ; but the change of " dispositions " which he avowed is - not uncommon' among natures the reverse of elevated.' The Magistrate wished to punish the betrayer, and went to the utmost rigour of the law : the culprit .was—Now what -punishment do you think was' awarded to that man, guilty of a double robbery so cruel? what was he sentenced-to do ?
To support his child ! . Such is,the law—more in the spirit of Alexander's austere parent . than of Mr. Norton's just indignation.
At Yorklast week, was tried an action for-breach of promise : a Mt Pick:slay courted a Miss Laycock, at Sheffield ; carried on a very loving correspondence, whereof great part-turned upon " the kiss which in some. adventurous moment he had attempted, and which' he intended, of 'malice prepense, to essay again some day. Bat.: after proceeding to those lengths, Mr. Pickslay seems to have en- tertained doubts as.to the measure of the young lady's love. "Tell,' me," he. writes, "exactly how much' you love me." " How " asked Mr. Sergeant Wilkins, " was that to be measured ?" Granger replied, "By scruples." The defence, coupled with an admission of the young las perfect propriety of conduct, war., " some circumstances which had diminished Mr.- Pickslay's fection : one circumstance appears to have been a Miss Starkie, to whom, after his long negotiations with Miss Laycoek for a " chaste ' salute," he gave himself in marriage. The Jury awarded Miss Lay- , cock 4001.
At 'Nottingham this week, Miss Layeock's younger sister Eliza , obtained 2501. in like manner, from_ &Mr. Neale ; who had engaged to marry her.. Mr. Neale was a young land-surveyor; andliavmg, got on very well in his profession, he one day said to Mibs . Etua's brother, " Oh ! I can't marry your sister " " Why not?" was .the,.• astonished rejoinder. Oh! I don't love her well enough ".': a ' scruple which should have occurred to Mx. Neale before he asked the young lady to pledge herself. It may be said that women are well quit of triflers like these : but it must be remembered, in, judging of. such matters, that. the compensation. is less logically due for the loss of a Neale or a Picks-, lay, than for the trespass committed by such a person in occupying , the post of suitor only to abandon it. It is not to be denied that many men eligible-its husbandsseruple. to seek the affections of a woman.who has stood in a position so intimate with another -man ; still more when a Amman. has shown" herself. content to accept a man. who has proved in court to be a -trifler. Juries are learning .. to 'understand the force of this consideration.,. The strictness . the social exaction from women in matters of marriage implies a : corresponding scrupulousness on the part of man; and any tres- • pass shonld be visited with.a penalty pro_portioned to the detriment ineurred.by a woman through any breach of the social law.
It isprecisely owing to the circumstances whicli rendered Rhoda Southgate's case so grievous that. she was. denied full redress : Mr. Hairby had not incapacitated himself from doing her justice, but only. lacked: the inebriation; and therefore she cannot obtain dams.- . ges. He can:only be sentenced to pay. a pauper pittance. ,for..hie, own And! But if juries persevere in treating analogous cases on:, a proper ground, tins. anomaly cannot remain unredressed.
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