FROM THE ARCHIVES:Breach of promise cases featured regularly among court reports a century ago. There were three in today's newspaper in 1902, this one from Fermanagh – JOE JOYCE
YESTERDAY, BEFORE Mr. Justice Johnson and a common jury, the case of Ferguson v. Rogers was heard, in which Miss Anna Bella Ferguson sued Edward Rogers for alleged breach of promise of marriage, and claimed £1,000 damages.
Mr. O’Shaughnessy said it would be proved to the jury that the defendant had broken his promise in a mean and contemptible way, and he had added to his misconduct gross and shameful perjury.
Plaintiff was a young girl of 24 years, the daughter of a respectable farmer. Defendant owned a large farm, and was also now entitled to other farms in Co Fermanagh. The parties were both Episcopalians. Defendant first paid plaintiff attention in September 1899, and used to see her from church, and come to her father’s house. In May 1900, another young man named Elliott asked for the plaintiff’s hand. Plaintiff told her father she should get time to consider. She told defendant, and he told her: “You know we are to be married, and refuse this man.” So she refused Elliott. In June defendant asked her father if he had any objection to their marrying, and the father said he had not, that he would give her £300, and if she was a good girl when he was dying he would give her more.
Subsequently when plaintiff was ill with typhoid fever, defendant visited her frequently. He had already given her an engagement ring. Afterwards when she had recovered he told the father that he (the father) should soon be on the look out for another housekeeper, for the time was coming when he should take Anna Bella. He also came to the house and walked with her to church. Subsequently he went to his uncle’s marriage, and then left off coming to the house. He was written to; but, whether for lucre or otherwise, he married a sister of the lady whom his uncle had married.
Edward Rogers, the defendant, was then called , and examined by Mr. Pringle [his counsel]. He said that he never mentioned marriage to plaintiff. In reference to a conversation between witness and plaintiff, with regard to the young man Elliott, witness said that he asked plaintiff if her father and mother were in favour of her marrying Elliot, why would she not take him, as he (witness) had never promised to a girl, and never would till he could not help it. (Laughter.) He had got no money with his present wife.
Cross-examined by Mr. O’Shaughnessy: “Did you ever put your arm around this girl?”
“ I did.”
“Did you ever kiss her?”
“I may have a few times.”
“Though you said you would never promise any girl until you could not help it? What were you taking liberties with her for? What were you up to?”
Witness: “I was up to nothing at all.” (Laughter.)
The jury found for the plaintiff, and awarded £170 damages.
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